Republic Act No. 8797 "Charter of the City of San Jose Del Monte." (Part 2)

39 min read

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 VI

DISQUALIFICATIONS AND SUCCESSION FOR ELECTIVE CITY OFFICIALS

Section 21. Disqualifications for Elective City Officials. — The following persons are not qualified from running for any elective position in the City:

a. Those sentenced by final judgment for an offense involving moral turpitude or an offense punishable by one (1) year or more of imprisonment within two (2) years after serving sentence;

b. Those removed from office as a result of an administrative case;

c. Those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines;

d. Those with dual citizenship;

e. Fugitives from justice in criminal or nonpolitical cases here and abroad;

f. Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Local Government Code of 1991;and

g. The insane or feeble-minded

Section 22. Permanent Vacancy in the Office of the City Mayor and City Vice Mayor. —

a. If a permanent vacancy occurs in the office of the city mayor, the city vice mayor concerned shall become the city mayor. If a permanent vacancy occurs in the office of the city vice mayor, the highest ranking sangguniang panlungsod member or, in case of his permanent incapacity, the second highest ranking sangguniang panlungsod member shall become the city mayor or city vice mayor, as the case may be. Subsequent vacancies in said offices shall be filled automatically by the other sanggunian members according to their ranking as defined herein.

b. A tie between or among the highest ranking sangguniang panlungsod members shall be resolved by drawing of lots.

c. The successors as defined herein shall serve only the unexpired terms of their predecessors.

For purposes of this Act, a permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns or is otherwise permanently incapacitated to discharge the functions of his office.

For purposes of succession as provided in this Act, ranking in the sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in the City in the immediately preceding local election.

Section 23. Permanent Vacancies in the Sanggunian. —

a. Permanent vacancies in the sangguniang panlungsod where automatic succession as provided above does not apply shall be filled by appointments in the following manner:

1. The provincial governor shall make the aforesaid appointments;

2. Only the nominee of the political party under which the sanggunian member concerned had been elected shall be appointed in the manner herein provided. The appointee shall come from the political party as that of the sanggunian member who caused the vacancy and shall serve the unexpired term of the vacant office. In the appointment herein mentioned, a nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non, and any appointment without such nomination and certification shall be null and void ab initio and shall be a ground for administrative action against the official responsible therefor;

3. In case the permanent vacancy is caused by a sanggunian member who does not belong to any political party, the city mayor shall, upon recommendation of the sangguniang panlungsod, appoint a qualified person to fill the vacancy; and

4. In case of vacancy in the representation of the youth and the barangay in the sangguniang panlungsod, said vacancy shall be filled automatically by the official next in rank of the organization concerned.

Section 24. Temporary Vacancy in the Office of the City Mayor. —

a. When the city mayor is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad and suspension from office, the city vice mayor or the highest ranking sangguniang panlungsod member, shall automatically exercise the powers and perform the duties and functions of the city mayor, except the power to appoint, suspend or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days.

b. Said temporary incapacity shall terminate upon submission to the sangguniang panlungsod of a written declaration by the city mayor that he has reported back to office. In case where the temporary incapacity is due to legal cause, the city mayor shall also submit necessary documents showing the said legal cause no longer exists.

c. When the city mayor is traveling within the country but outside territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the officer-in- charge of his office. Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the city mayor except the power to appoint, suspend or dismiss employees.

d. In the event, however, that the city mayor fails or refuses to issue such authorization, the city vice mayor or the highest ranking sangguniang panlungsod member, shall have the right to assume the powers, duties and functions of the said office on the fourth day of absence of the city mayor, subject to the limitations provided in subsection (c) hereof.

e. Except as provided above, the city mayor shall in no case authorize any local official to assume the powers, duties and functions of the office, other than the city vice mayor or the highest ranking sangguniang panlungsod member, as the case may be.

ARTICLE VII

THE APPOINTIVE OFFICIALS OF THE CITY: THEIR QUALIFICATIONS, POWERS AND DUTIES

Section 25. The Secretary of the Sangguniang Panlungsod. —

a. There shall be a secretary of the sangguniang panlungsod who shall be a career official with the rank and salary equal to a head of a department or office.

b. No person shall be appointed secretary to the sangguniang panlungsod unless he is a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a holder of a master's degree preferably in law, commerce or public administration from a recognized college or university, and a first grade civil service eligible or its equivalent.

c. The secretary of the sangguniang panlungsod shall receive such compensation, emoluments and allowances as may be determined by law.

d. The secretary to the sangguniang panlungsod shall take charge of the office of the sangguniang panlungsod, and shall:

1. Attend meetings of the sangguniang panlungsod and keep a journal of its proceedings;

2. Keep the seal of the City and affix the same with his signature to all ordinances, resolutions, and other official acts of the sangguniang panlungsod and present the same to the presiding officer for his signature;

3. Forward to the city mayor, for approval, copies of ordinances enacted by the sangguniang panlungsod duly certified by the presiding officer;

4. Forward to the Department of Budget and Management (DBM) copies of the appropriation ordinances passed by the sangguniang panlungsod as provided for under Section 326, Book II of the Local Government Code of 1991;

5. Forward to the sangguniang panlalawigan copies of duly approved ordinances in the manner provided in Sections 56 and 57 under Book I of the Local Government Code of 1991;

6. Furnish, upon request of any interested party, certified copies of records of public character in his custody, upon payment to the city treasurer of such fees as may be prescribed by ordinance;

7. Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the sangguniang panlungsod, with the dates of passage and publication thereof;

8. Keep his office and all nonconfidential records therein open to the public during usual business hours;

9. Translate into the dialect used by the majority of the inhabitants all ordinances and resolutions immediately after their approval and cause the publication of the same together with the original version in the manner provided under the Local Government Code of 1991;

10. Take custody of the local archives and where applicable, the local library and annually account for the same; and

11. Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance relative to his position.

Section 26. The City Treasurer. —

a. The city treasurer shall be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the city mayor, subject to the civil service law, rules and regulations.

b. The city treasurer shall be under the administrative supervision of the city mayor, to whom he shall report regularly on the tax collection efforts of the City.

c. No person shall be appointed treasurer unless he is a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a holder of a college degree in commerce, public administration or law from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in treasury or accounting service for at least five (5) years.

d. The city treasurer shall receive such compensation, emoluments and allowances as may be determined by law.

e. The city treasurer shall take charge of the city treasury office, and shall:

1. Advise the city mayor, the sangguniang panlungsod and other local government and national officials concerned regarding disposition of local government funds and on such other matters relative to public finance;

2. Take custody and exercise proper management of the funds of the City;

3. Take charge of the disbursement of all funds of the City and such other funds the custody of which may be entrusted to him by law or other competent authority;

4. Inspect private commercial and industrial establishments within the jurisdiction of the City in relation to the implementation of tax ordinances pursuant to the provisions of the Local Government Code of 1991;

5. Maintain and update the tax information system of the City; and

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

Section 27. The Assistant City Treasurer. —

a. The assistant city treasurer may be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the city mayor, subject to civil service law, rules and regulations.

b. No person shall be appointed assistant city treasurer unless he is a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a holder of a college degree preferably in commerce, public administration or law from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired at least three (3) years experience in treasury or accounting.

c. The assistant city treasurer shall receive such compensation, emoluments and allowances as maybe determined by law.

d. The assistant city treasurer shall assist the city treasurer and perform such other duties as the latter may assign him. He shall have authority to administer oaths concerning notices and notifications to those delinquent in the payment of the real property tax and concerning official matters relating to the accounts of the city treasurer or otherwise arising from the offices of the city treasurer and the city assessor.

Section 28. The City Assessor. —

a. The city assessor must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce, or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in real property assessment work or in any related field for at least five (5) years immediately preceding the date of his appointment.

b. The city assessor shall receive such compensation, emoluments and allowances as may be determined by law.

c. The city assessor shall take charge of the city assessor's office, and shall:

1. Ensure that all laws and policies governing the appraisal and assessment of real properties for taxation purposes are properly executed;

2. Initiate, review and recommend changes in policies and objectives, plans and programs, techniques, procedures and practices in the evaluation and assessment of real properties for taxation purposes;

3. Establish a systematic method of real property assessment;

4. Install and maintain real property identification and accounting systems;

5. Prepare, install and maintain a system of tax mapping, showing graphically all properties subject to assessment and gather all data concerning the same;

6. Conduct frequent physical surveys to verify and determine whether all real properties within the City are properly listed in the assessment rolls;

7. Exercise the functions of appraisal and assessment primarily for taxation purposes of all real properties in the City;

8. Prepare a schedule of the fair market value of the different classes of real properties in accordance with the provisions of the Local Government Code of 1991;

9. Issue, upon request of any interested party, certified copies of assessment records of real properties and all other records relative to its assessment, upon payment of a service charge or fee to the city treasurer;

10. Submit every semester a report of all assessments, as well as cancellations and modifications of assessments to the city mayor and the sangguniang panlungsod; and

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

Section 29. The Assistant City Assessor. —

a. The assistant city assessor must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in assessment or in any related field for at least three (3) years immediately preceding the date of his appointment.

b. The assistant city assessor shall receive such compensation, emoluments and allowances as maybe determined by law.

c. The assistant city assessor shall assist the city assessor and perform such other duties as the latter may assign to him. He shall have the authority to administer oaths and all declarations of real property for purposes of assessment.

Section 30. The City Accountant. —

a. The city accountant must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, and a certified public accountant. He must have acquired experience in the treasury or accounting service for at least five (5) years immediately preceding the date of his appointment.

b. The city accountant shall receive such compensation, emoluments and allowances as may be determined by law.

c. The city accountant shall take charge of both the office of the accounting and internal audit services, and shall:

1. Install and maintain an internal audit system in the City;

2. Prepare and submit financial statements to the city mayor and to the sangguniang panlungsod;

3. Apprise the sangguniang panlungsod and other officials on the financial condition and operations of the City;

4. Certify the availability of budgetary allotment to which expenditures and obligations may be properly charged;

5. Review supporting documents before preparation of vouchers to determine the completeness of requirements;

6. Prepare statements of cash advances, liquidations, salaries, allowances, reimbursements and remittances pertaining to the City;

7. Prepare statements of journal vouchers and liquidation of the same and other adjustments related thereto;

8. Post individual disbursements to the subsidiary ledger and index cards;

9. Maintain individual ledgers for officials and employees of the City pertaining to payrolls and deductions;

10. Record and post in index cards details of purchased furniture, fixtures and equipment, including disposal thereof, if any;

11. Account for all issued requests for obligations and maintain and keep all records and reports related thereto;

12. Prepare journals and the analyses of obligations and maintain and keep all records and reports related thereto; and

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

Section 31. The City Budget Officer. —

a. The city budget officer must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a holder of a college degree preferably in accounting, economics, public administration, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in government budgeting or in any related field for at least five (5) years immediately preceding the date of his appointment.

b. The city budget officer shall receive such compensation, emoluments and allowances as may be determined by law.

c. The city budget officer shall take charge of the city budget office, and shall:

1. Prepare forms, orders and circulars embodying instructions on budgetary and appropriation matters for the signature of the city mayor;

2. Review and consolidate the budget proposals of different departments and offices of the City;

3. Assist the city mayor in the preparation of the budget and during budget hearings;

4. Study and evaluate budgetary implications of proposed legislation and submit comments and recommendations thereon;

5. Submit periodic budgetary reports to the Department of Budget and Management;

6. Coordinate with the city treasurer, the city accountant and the city planning and development coordinator for the purpose of budgeting;

7. Assist the sangguniang panlungsod in reviewing the approved budgets of component local government units;

8. Coordinate with the city planning and development coordinator in the formulation of the development plan of the City; and

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

Section 32. The City Planning and Development Coordinator. —

a. The City planning and development coordinator must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a holder of a college degree preferably in urban planning, development studies, economics, public administration, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in development planning or in any related field for at least five (5) years immediately preceding the date of his appointment.

b. The city planning and development coordinator shall receive such compensation, emoluments and allowances as may be determined by law.

c. The city planning and development coordinator shall take charge of the city planning and development coordinating office, and shall:

1. Formulate integrated economic, social, physical and other development plans and policies for consideration of the City;

2. Conduct continuing studies, researches and training programs necessary to evolve plans and programs for implementation;

3. Integrate and coordinate all sectoral plans and studies undertaken by the different functional groups or agencies;

4. Monitor and evaluate the implementation of the different development programs, projects and activities in the City in accordance with the approved development plan;

5. Prepare comprehensive plans and other development planning documents for the consideration of the local development council;

6. Analyze the income and expenditure patterns, and formulate and recommend fiscal plans and policies for consideration of the finance committee of the City as provided for under the Local Government Code of 1991;

7. Promote people's participation in development planning within the City;

8. Exercise supervision and control over the secretariat of the Local Development Council; and

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

Section 33. The City Engineer. —

a. The city engineer must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character and a licensed civil engineer. He must have acquired experience in the practice of his profession for at least five (5) years immediately preceding the date of his appointment.

b. The city engineer shall receive such compensation, emoluments and allowances as may be determined by law.

c. The city engineer shall take charge of the city engineering office, and shall:

1. Initiate, review and recommend changes in policies and objectives, plans and programs, techniques, procedures and practices in infrastructure development and public works in general of the City;

2. Advise the city mayor on infrastructure, public works and other engineering matters;

3. Administer, coordinate, supervise and control the construction, maintenance, improvement and repair of roads, bridges, other engineering and public works projects of the City;

4. Provide engineering services to the City, including investigation and survey, engineering designs, feasibility studies and project management; and

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

Section 34. The City Health Officer. —

A. The city health officer must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, and a licensed medical practitioner. He must have acquired experience in the practice of his profession for at least five (5) years immediately preceding the date of his appointment.

B. The city health officer shall receive such compensation, emoluments and allowances as may be determined by law.

C. The city health officer shall take charge of the office of the City health services, and shall:

1. Supervise the personnel and staff of said office, formulate program implementation guidelines and rules and regulations for the operation of the said office for the approval of the city mayor in order to assist him in the efficient, effective and economical implementation of health service program geared to implement health-related projects and activities;

2. Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out activities to ensure the delivery of basic services and provision of adequate facilities relative to health services provided under Section 17 of the Local Government Code of 1991;

3. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with health programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide under the Local Government Code of 1991;

4. In addition to the foregoing duties and functions, the city health officer shall:

a. Formulate and implement policies, plans and projects to promote the health of the people in the city;

b. Advise the city mayor and the sangguniang panlungsod on matters pertaining to health;

c. Execute and enforce all laws, ordinances and regulations relating to public health;

d. Recommend to the sangguniang panlungsod through the Local Health Board the passage of such ordinances as he may deem necessary for the preservation of public health;

e. Recommend the prosecution of any violation of sanitary laws, ordinances or regulations;

f. Direct the sanitary inspection of all business establishment selling food items or providing accommodation such as hotels, motels, lodging houses, pension houses, and the like, in accordance with the Sanitation Code;

g. Conduct health information campaigns and render health intelligence services; and

h. Coordinate with other government agencies and nongovernmental organizations involved in the promotion and delivery of health services.

5. Be in the frontline of the delivery of health services, particularly during and in the aftermath of man-made and natural disasters and calamities; and

Section 35. The City Civil Registrar. —

A. The city civil registrar must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a holder of a college degree from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in civil registry work for at least five (5) years immediately preceding the date of his appointment.

B. The city civil registrar shall receive such compensation, emoluments and allowances as may be determined by law.

C. The city civil registrar shall be responsible for the civil registration program in the City of San Jose Del Monte, pursuant to the Civil Registry Law, the Civil Code, and other pertinent laws, rules and regulations issued to implement them.

D. The city civil registrar shall take charge of the office of the city civil registry, and shall:

1. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with the management and administration-related programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide for under the Local Government Code of 1991;

2. In addition to the foregoing duties and functions, the civil registrar shall:

a. Accept all registrable documents and judicial decrees affecting the civil status of persons;

b. File, keep and preserve in a secure place the books required by law;

c. Transcribe and enter immediately upon receipt all registrable documents and judicial decrees affecting the civil status of persons in the appropriate civil registry books;

d. Transmit to the Office of the Civil Registrar-General, within the prescribed period, duplicate copies of registered documents required by law;

e. Issue certified transcripts or copies of any certificate or registered documents upon payment of the required fees to the treasurer;

f. Receive applications for the issuance of a marriage license and, after determining that the requirements and supporting certificates and publication thereof for the prescribed period have been complied with, issue the license upon payment of the authorized fee to the treasurer;

g. Coordinate with the National Statistics Office in conducting educational campaigns for vital registration and assist in the preparation of demographic and other statistics for the City of San Jose Del Monte; and

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

Section 36. The City Administrator. —

A. The city administrator must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a holder of a college degree preferably in public administration, law, or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in management and administrative work for at least five (5) years immediately preceding the date of his appointment.

B. The term of administrator is coterminous with that of his appointing authority.

C. The city administrator shall serve as a career official of the city and shall receive such compensation, emoluments and allowances as may be determined by law.

D. The city administrator shall take charge of the city administrator's office, and shall:

2. In addition to the foregoing duties and functions, the city administrator shall:

a. Assist in the coordination of the work of all the officials of the City under the supervision, direction and control of the city mayor, and for this purpose, he may convene the chiefs of offices and other officials of the City;

b. Establish and maintain a sound personnel program for the City designed to promote career development and uphold the merit principle in the local government service;

c. Conduct a continuing organizational development of the City with the end in view of instituting effective administrative reforms;

3. Be in the frontline of the delivery of administrative support services, particularly those related to the situations during and in the aftermath of man-made and natural disasters and calamities;

4. Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to the management and administration of the City; and

Section 37. The City Legal Officer. —

A. The city legal officer must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, and a member of the Philippine Bar. He must have practiced his profession for at least five (5) years immediately preceding the date of his appointment.

B. The term of the legal officer shall be coterminous with that of his appointing authority.

C. The city legal officer shall receive such compensation, emoluments and allowances as may be determined by law.

D. The city legal officer, the chief legal counsel of the City, shall take charge of the office of the city legal service, and shall:

1. Formulate measures for the consideration of the sangguniang panlungsod and provide legal assistance and support to the city mayor in carrying out the delivery of basic services and provision of adequate facilities;

2. Develop plans and strategies and upon approval thereof by the city mayor, implement the same, particularly those which have to do with programs and projects related to legal services which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide under the Local Government Code of 1991;

3. In addition to the foregoing duties and functions, the city legal officer shall:

a. Represent the City in all civil actions and special proceedings wherein the City or any official thereof, in his official capacity, is a party: Provided, That in actions or proceedings where the City is a party adverse to the provincial government or to another component city or municipality, a special legal officer may be employed to represent the adverse party;

b. When required by the city mayor or sanggunian, draft ordinances, contracts, bonds, leases and other instruments involving any interest of the City and provide comments and recommendations on any instruments already drawn;

c. Render his opinion in writing on any question of law when requested to do so by the city mayor or sanggunian;

d. Investigate or cause to be investigated any local official or employee for administrative neglect or misconduct in office and recommend the appropriate action to the city mayor or sanggunian, as the case may be;

e. When directed by the city mayor or sanggunian, initiate and prosecute, in the interest of the City, any civil action on any bond, lease or other contract upon any breach or violation thereof; and

f. Review and submit recommendations on ordinances approved and executive orders issued by component units.

4. Recommend measures to the sangguniang panlungsod and advise the city mayor on all matters related to upholding the rule of law;

5. Be in the frontline of protecting human rights and prosecuting any violations thereof, particularly those which occur during and in the aftermath of man-made or natural disasters and calamities; and

Section 38. The City Social Welfare and Development Officer. —

a. The city social welfare and development officer must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a duly licensed social worker or a holder of a college degree preferably in sociology, or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in the practice of social work for at least five (5) years immediately preceding the date of his appointment.

b. The city social welfare and development officer shall receive such compensation, emoluments and allowances as may be determined by law.

c. The city social welfare and development officer shall take charge of the office of social welfare and development, and shall:

1. Formulate measures for the approval of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure delivery of basic services and provisions of adequate facilities relative to social welfare and development services;

2. Develop plans and strategies and upon approval thereof by the city mayor, implement the same particularly those which have to do with social welfare programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

3. Be in the frontline of the delivery of services particularly those which have to do with immediate relief and assistance during and in the aftermath of man-made and natural disasters and calamities;

4. Recommend to the sangguniang panlungsod and advise the city mayor on all other matters related to social welfare and development services which will improve the livelihood and living conditions of the inhabitants; and

Section 39. The City Veterinarian. —

A. The city veterinarian must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, and a licensed doctor of veterinary medicine. He must have practiced his profession for at least three (3) years immediately preceding the date of his appointment.

B. The city veterinarian shall receive such compensation, emoluments and allowances as may be determined by law.

C. The city veterinarian shall take charge of the office of veterinary services, and shall:

1. Formulate measures for consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities;

2. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with veterinary-related activities which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

3. In addition to the foregoing duties and functions, the city veterinarian shall:

a. Advise the city mayor on all matters pertaining to the slaughter of animals for human consumption and the regulation of slaughterhouses;

b. Regulate the keeping of domestic animals;

c. Regulate and inspect poultry, milk and dairy products for public consumption;

d. Enforce all laws and regulations for the prevention of cruelty of animals; and

e. Take the necessary measures to eradicate, prevent or cure all forms of animal diseases.

4. Be in the frontline of veterinary-related activities, such as the outbreak of highly contagious and deadly diseases and in situations resulting in the depletion of animals for work and in human consumption, particularly those arising from and in the aftermath of man-made and natural disasters and calamities;

5. Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to veterinary services which will increase the number and improve the quality of livestock, poultry and other domestic animals used for work or human consumption; and

Section 40. The City General Services Officer. —

A. The city general services officer must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a holder of a college degree in public administration, business administration or management from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in general services, including management of supply, solid waste disposal and general sanitation for at least five (5) years immediately preceding the date of his appointment.

B. The city general services officer shall receive such compensation, emoluments and allowances as maybe determined by law.

C. The city general services officer shall take charge of the office of the general services, and shall:

1. Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities which require general services expertise and technical support services;

2. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with the general services supportive of the welfare of the inhabitants of the City which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide under the Local Government Code of 1991;

3. In addition to the foregoing duties and functions, the city general services officer shall:

a. Take custody of and be accountable for all properties, real or personal, owned by the City, and those granted to it in the form of donation, reparation, assistance and counterpart of joint projects;

b. With the approval of the city mayor, assign building or land space to local officials or other public officials, who by law, are entitled to space;

c. Recommend to the city mayor the reasonable rental rates for local government properties, whether real or personal, which will be leased to public or private entities by the local government;

d. Recommend to the city mayor reasonable rental rates of private properties which may be leased for the official use of the City;

e. Maintain and supervise janitorial, security, landscaping and other related services in all local government public buildings and other real property, whether owned or leased by the City;

f. Collate and disseminate information regarding prices, shipping and other costs of supplies and other items commonly used by the City;

g. Perform archival and record management with respect to records of offices and departments of the City; and

h. Perform all other functions pertaining to supply and property management heretofore performed by the local government treasurer and enforce policies on records creation, maintenance and disposal.

4. Be in the frontline of general services-related activities, such as the possible and imminent destruction or damage to records, supplies, properties, and structure materials or debris, particularly during and in the aftermath of man-made and natural disasters and calamities;

5. Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to general services; and

Section 41. The City Environment and Natural Resources Officer. —

A. The city environment and natural resources officer must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a holder of a college degree preferably in environment, forestry, agriculture or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in the environment and natural resources management, conservation and utilization work for at least five (5) years immediately preceding the date of his appointment.

B. The city environment and natural resources officer shall receive such compensation, emoluments and allowances as may be determined by law.

C. The city environment and natural resources officer shall take charge of the office of the environment and natural resources, and shall:

1. Formulate measures for the consideration of the sangguniang panlungsod and to provide assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to environment and natural resources services provided for under Section 17 of the Local Government Code of 1991;

2. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with environment and natural resources programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide under the Local Government Code of 1991;

3. In addition to the foregoing duties and functions, the city environment and natural resources officer shall:

a. Establish, maintain, protect and preserve communal forests, watersheds, tree parks, mangroves, greenbelts, commercial forests and similar forest projects like industrial tree farms and agro-forestry projects;

b. Provide extension services to beneficiaries of forest development projects and render assistance for natural resources- related conservation and utilization activities consistent with ecological balance;

c. Promote the small-scale mining and utilization of mineral resources, particularly mining of gold; and

d. Coordinate with government agencies and nongovernmental organizations in the implementation of measures to prevent and control land, air and water pollution with the assistance of the Department of Environment and Natural Resources;

4. Be in the frontline of the delivery of services concerning the environment and natural resources, particularly in the renewal and rehabilitation of the environment during and in the aftermath of man-made and natural disasters and calamities;

5. Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to the protection, conservation, maximum utilization, application of appropriate technology and other matters related to the environment and natural resources; and

Section 42. The City Architect. —

A. The city architect must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, and a duly licensed architect. He must have practiced his profession for at least five (5) years immediately preceding the date of his appointment.

B. The city architect shall receive such compensation, emoluments and allowances as may be determined by law.

C. The city architect shall take charge of the office on thearchitectural planning and design, and shall:

1. Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensue the delivery of basic services and provision of adequate facilities relative to architectural planning and design;

2. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with architectural planning and design programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide under the Local Government Code of 1991;

3. In addition to the foregoing duties and functions, the architect shall:

a. Prepare and recommend for consideration of the sanggunian the architectural plan and design for the City or a part thereof, including the renewal of slums and blighted areas, land reclamation activities, the greening of land, and appropriate planning of marine and foreshore areas;

b. Review and recommend for appropriate action of the sanggunian or mayor as the case may be, the architectural plans and design submitted by governmental and nongovernmental entities or individuals, particularly those for undeveloped, underdeveloped and poorly designed areas;

c. Coordinate with government and nongovernment entities and individuals involved in the aesthetics and the maximum utilization of the land and water within the jurisdiction of the City, compatible with environmental integrity and ecological balance;

4. Be in the frontline of the delivery of services involving architectural planning and design, particularly those related to the redesigning of spatial distribution of basic facilities and physical structures during and in the aftermath of man-made and natural disasters and calamities;

5. Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to architectural planning and design as it relates to the total socioeconomic development of the city; and

Section 43. The City Information Officer. —

A. The city information officer must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a holder of a college degree preferably in journalism, mass communications, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience in writing articles and research papers, or writing for print, television or broadcast media for at least five (5) years immediately preceding the date of his appointment.

B. The city information officer shall receive such compensation, emoluments and allowances as maybe determined by law.

C. The city information officer shall take charge of the office on public information, and shall:

1. Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in providing the information and research data required for the delivery of basic services and provision of adequate facilities so that the public becomes aware of said services and may fully avail of the same;

2. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with public information and research data to support programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

3. In addition to the foregoing duties and functions, the city information officer shall:

a. Provide relevant, adequate and timely information to the City and its residents;

b. Furnish information and data on the City to government agencies or offices as may be required by law or ordinance; and nongovernmental organizations to be furnished to said agencies and organizations; and

c. Maintain effective liaison with the various sectors of the community on matters and issues that affect the livelihood and the quality of life of the inhabitants and encourage support for programs of the local and national government.

4. Be in the frontline in providing information during and in the aftermath of man-made and natural disasters and calamities, with special attention to the victims thereof, to help minimize injuries and casualties during and after the emergency, and to accelerate relief and rehabilitation;

5. Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to public information and research data as it relates to the total socioeconomic development of the City; and

Section 44. The City Cooperatives Officer. —

A. The city cooperatives officer must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a holder of a college degree preferably in business administration with special training on cooperatives or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience on cooperatives development for at least five (5) years immediately preceding the date of his appointment.

B. The city cooperatives officer shall receive such compensation, emoluments and allowances as maybe determined by law.

C. The city cooperatives officer shall take charge of the office for the development of cooperatives, and shall:

2. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with the integration of cooperatives principles and methods in programs which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide for under the Local Government Code of 1991;

3. In addition to the foregoing duties and functions, the city cooperatives officer shall:

a. Assist in the organization of cooperatives;

b. Provide technical and other forms of assistance to existing cooperatives to enhance their viability as an economic enterprise and social organization; and

c. Assist cooperatives in establishing linkages with government agencies and nongovernment organizations involved in the promotion and integration of the concept of cooperatives in the livelihood of the people and other community activities.

4. Be in the frontline of cooperative organization, rehabilitation or viability enhancement, particularly during and in the aftermath of man-made and natural disasters and calamities, to aid in their survival and, if necessary, subsequent rehabilitation;

5. Recommend to the sangguniang panlungsod and advise the city mayor on all other matters relative to cooperatives development and viability enhancement which will improve the livelihood and quality of life of the inhabitants; and

Section 45. The City Population Officer. —

A. The city population officer must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a holder of a college degree preferably with specialized training in population development from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience in the implementation of programs on population development or responsible parenthood for at least five (5) years immediately preceding the date of his appointment.

B. The city population officer shall receive such compensation, emoluments and allowances as maybe determined by law.

C. The city population officer shall take charge of the office of the population development, and shall:

1. Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provisions of adequate facilities relative to the integration of the population development principles and in providing access to said services and facilities;

2. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with the integration of population development principles and methods in program and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; and

3. In addition to the foregoing duties and functions, the population officer shall:

a. Assist the city mayor in the implementation of the constitutional provisions relative to population development and the promotion of responsible parenthood;

b. Establish and maintain an updated data bank for program operations, development planning and an educational program to ensure the people's participation in and understanding of population development;

c. Implement appropriate training programs responsive to the cultural heritage of the inhabitants; and

4. Perfom 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.

Section 46. The City Agriculturist. —

A. The city agriculturist must be a citizen of the Philippines, a resident of the City of San Jose Del Monte, of good moral character, a holder of a college degree preferably in agriculture or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have practiced his profession in agriculture or acquired the experience in a related field for at least five (5) years immediately preceding the date of his appointment.

B. The city agriculturist shall receive such compensation, emoluments and allowances as may be determined by law.

C. The city agriculturist shall take charge of the office for the agricultural services, and shall:

1. Formulate measures for the approval of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provisions of adequate facilities relative to agricultural services;

2. Develop plans and strategies, and upon approval thereof by the city mayor, implement the same, particularly those which have to do with agricultural programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

3. In addition to the foregoing duties and functions, the city agriculturist shall:

a. Ensure that maximum assistance and access to resources in the production, processing and marketing of agricultural and aquacultural and marine products are extended to farmers, fishermen and local entrepreneurs;

b. Conduct or cause to be conducted location-specific agricultural researches and assist in making available the appropriate technology arising out of and disseminating information on basic research on crops, prevention and control of plant diseases and pests, and other agricultural matters which will maximize productivity;

c. Assist the city mayor in the establishment and extension services of demonstration farms or aquaculture and marine products;

d. Enforce rules and regulations relating to agriculture and aquaculture; and

e. Coordinate with government agencies and nongovernmental organizations which promote agricultural productivity through appropriate technology compatible with environmental integrity.

4. Be in the frontline of the delivery of basic agricultural services, particularly those needed for the survival of the inhabitants during and in the aftermath of man-made and natural disasters and calamities;

5. Recommend to the sangguniang panlungsod and advise the city mayor on all other matters related to agriculture and aquaculture which will improve the livelihood and living conditions of the inhabitants; and

ARTICLE VIII

THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE, THE CITY SCHOOL DIVISION AND THE CITY PROSECUTION SERVICE

Section 47. The City Fire Station Service. —

a. There shall be established in the City at least one (1) fire station with adequate personnel, fire fighting facilities and equipment, subject to the standards, rules and regulations that may be promulgated by the Department of the Interior and Local Government. The City shall provide the necessary land or site of the station.

b. The city fire station service shall be headed by a city fire marshal whose qualifications shall be as those provided for under Republic Act No. 6975, otherwise known as the Philippine National Police Law.

c. The city fire station shall be responsible for the protection and various emergency services such as rescue and evacuation of injured people at fire-related incidents and, in general fire prevention and suppression measures to secure the safety of life and property of the citizenry.

Section 48. The City Jail Service. —

a. There shall be established and maintained in the City a secured, clean, adequately equipped and sanitary jail for the custody and safekeeping of prisoners, any fugitive from justice, or person detained awaiting investigation or trial and/or transfer to the national penitentiary, and/or violent mentally ill person who endangers himself or the safety of others, duly certified as such by the proper medical health officer, pending the transfer to a mental institution.

b. The city jail service shall be headed by a city jail warden who must be a graduate of a four (4)-year course in psychology, psychiatry, sociology, nursing, social work or criminology who shall assist in the immediate rehabilitation of individuals or detention of prisoners. Great care must be exercised so that human rights of these prisoners are respected and protected, and their spiritual and physical well-being are properly and promptly attended to.

Section 49. The City School Division. —

a. The Department of Education, Culture and Sports shall establish and maintain a school division of the City of San Jose Del Monte whose area of jurisdiction will cover all the school districts within the City; and

b. The city school division shall be headed by a division superintendent who must possess the necessary qualifications required by the Department of Education, Culture and Sports.

Section 50. The City Prosecution Service. —

a. There shall be established in the City a prosecution service to be headed by a city prosecutor and such number of assistant prosecutors as may be necessary, who shall be organizationally part of the Department of Justice, and under the supervision and control of the Secretary of Justice and whose qualifications, manner of appointment, rank, salary and benefits shall be governed by existing laws covering prosecutors in the Department of Justice.

b. The city prosecutor shall handle the criminal prosecution in the municipal trial courts in the City as well as in the regional trial courts for criminal cases originating in the territory of the City, and shall render to or for the City such services as are required by law, ordinance or regulation of the Department of Justice.

c. The Secretary of Justice shall always assure the adequacy and quality of prosecution service in the City and for this purpose, shall, in the absence or lack or insufficiency in number of city assistant prosecutors as provided hereinabove, designate from among the assistant provincial prosecutors a sufficient number to perform and discharge the functions of the city prosecution service as provided hereinabove.

ARTICLE IX

TRANSITORY AND FINAL PROVISIONS

Section 51. Municipal Ordinances Existing at the Time of the Approval of this Act. — All municipal ordinances of the Municipality of San Jose Del Monte existing at the time of the approval of this Act shall continue to be in force within the City of San Jose Del Monte until the sangguniang panlungsod ordinance shall provide otherwise.

Section 52. Plebiscite. — The City of San Jose Del Monte 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 Jose Del Monte within sixty (60) days from the approval of this Act. The expenses for such plebiscite shall be borne by the Municipality of San Jose Del Monte. The Commission on Elections shall conduct and supervise such plebiscite.

Section 53. Officials of the City of San Jose Del Monte. — The present elective officials of the Municipality of San Jose Del Monte shall continue to exercise their powers and functions until such a time that a new election is held and the duly-elected officials shall have already qualified and assumed their offices. The appointive officials and employees of the Municipality of San Jose Del Monte shall likewise continue exercising their functions and duties and they shall be automatically absorbed by the City Government of San Jose Del Monte.

Section 54. Succession Clause. — The City of San Jose Del Monte shall succeed to all the assets, properties, liabilities and obligations of the Municipality of San Jose Del Monte.

Section 55. Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province of Bulacan. — The qualified voters of the City of San Jose Del Monte shall qualify to vote and run for any elective position in the elections for provincial governor, provincial vice governor, sangguniang panlalawigan members and other elective offices for the Province ofBulacan.

Section 56. Jurisdiction of the Province of Bulacan. — The City of San Jose Del Monte shall, unless otherwise provided by law, continue to be under the jurisdiction of Bulacan Province.

Section 57. Suspension of Increase in Rates of Local Taxes. — No increase in the rates of local taxes shall be imposed by the City within the period of five (5) years from its acquisition of corporate existence.

Section 58. Representative District. — Until otherwise provided by law, the City of San Jose del Monte shall continue to be a part of the Fourth Congressional District of Bulacan Province.

Section 59. Applicability of Laws. — The provisions of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and such laws as are applicable to component cities shall govern the City of San Jose Del Monte insofar as they are not inconsistent with the provisions of this Act.

Section 60. Separability Clause. — If any part of this Act is declared invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective.

Section 61. Reservation. — Nothing herein contained shall preclude the determination by the appropriate agency or forum of boundary disputes or cases involving questions of territorial jurisdiction between the City of San Jose Del Monte and any of the adjoining local government units even after the effectivity of this Act.

Section 62. Repealing Clause. — All laws, decrees, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 63. Effectivity. — This Act shall take effect upon its publication in at least two (2) newspapers of general and local circulation.

Approved, July 15, 2000.

gavelfy

Republic Act No. 8797 "Charter of the City of San Jose Del Monte." (Part 2)

Recent Posts

Comentarios

gavelfy