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| REPUBLIC ACT NO. 8526 - AN ACTCONVERTING THE MUNICIPALITY OF VALENZUELA INTO A HIGHLY URBANIZED CITYTO BE KNOWN AS THE CITY OF VALENZUELA |
ARTICLE I Section 1. Title. — This Act shall be known as the"Charter of the City of Valenzuela." Sec. 2. The City of Valenzuela. — The Municipalityof Valenzuela is hereby converted into a highly urbanized city to beknown as the City of Valenzuela, hereinafter referred to as the City,which shall comprise the present territory of the Municipality ofValenzuela in Metropolitan Manila. Sec. 3. Corporate Powers of the City. — The Cityconstitutes a political body corporate and as such is endowed with theattributes of perpetual succession and possessed of the powers whichpertain to a municipal corporation, to be exercised in conformity withthe provisions of this Charter. The City shall have the followingcorporate powers: Sec. 4. General Powers of the City. — The Cityshall have a common seal, and may alter the same at pleasure. It shallexercise the powers to levy taxes, close and open roads, streets,alleys, parks or squares subject to the provisions of the Constitutionand existing laws. It may take, purchase, receive, hold, lease, conveyand dispose of real and personal property for the general interest ofthe City, condemn private property for public use, contract and becontracted with, sue and be sued, prosecute and defend to finaljudgment and execution suits wherein said City is a party, and exerciseall the powers as are granted to corporations and/or hereinafterconferred. Sec. 5. Liability for Damages. — The City and itsofficials shall not be exempt from liability for death or injury topersons or damage to property. Sec. 6. Jurisdiction of the City. — Thejurisdiction of the City of Valenzuela, for police purposes only, shallbe coextensive with its territorial jurisdiction, and for the purposeof protecting and insuring the purity of the water supply of the City,such police jurisdiction shall also extend over all territory withinthe drainage area of such water supply, or within one hundred meters(100 m.) of any reservoir, conduit, canal, aqueduct or pumping stationused in connection with the city water service. The city court of theCity shall have concurrent jurisdiction with the city or municipalcourts of the adjoining municipalities or cities, to try crimes andmisdemeanors committed within said drainage area, or within said spacesof one hundred meters (100 m.). The court first taking cognizance ofsuch an offense shall have jurisdiction to try said cases to theexclusion of others. Any license that may be issued within said zone,area or spaces shall be granted by the proper authorities of the cityor municipality concerned, and the fees arising therefrom shall accrueto the treasury of the said city or municipality concerned and not tothe City. ARTICLE II Sec. 7. The Officials of the City of Valenzuela. —(a) There shall be in the City of Valenzuela a city mayor, a city vicemayor, sangguniang panlungsod members, a secretary to the sangguniangpanlungsod, a city treasurer and an assistant city treasurer, a cityassessor and an assistant city assessor, a city accountant, a citybudget officer, a city planning and development coordinator, a cityengineer, a city health officer, a city civil registrar, a cityadministrator, a city legal officer, a city veterinarian, a city socialwelfare and development officer, and a city general services officer. (b) In addition thereto, the city mayor may appoint acity architect, a city information officer, a city population officer,a city environment and natural resources officer, and city cooperativesofficer. (c) The City of Valenzuela may: (1) Maintain existing offices not mentioned insubsections (a) and (b) hereof; (2) Create such other offices as may be necessary tocarry out the purposes of the City; or (3) Consolidate the functions of any office withthose of another in the interest of efficiency and economy. (d) Unless otherwise provided herein, all appointivecity officials of the City shall be appointed by the city mayor withthe concurrence of the majority of all the sangguniang panlungsodmembers, subject to civil service law, rules and regulations. Thesangguniang panlungsod shall act on the appointment within fifteen (15)days from the date of its submission, otherwise the same shall bedeemed confirmed. ARTICLE III Sec. 8. The City Mayor. — (a) The city mayor shallbe the chief executive of the City. He shall be elected at large by thequalified voters of the City. No person shall be eligible for theposition of the city mayor unless at the time of the election he is atleast twenty-three (23) years of age, an actual resident of the Cityfor at least one (1) year prior to his election, and a qualified votertherein. He shall hold office for three (3) years, unless soonerremoved, and shall receive a minimum monthly compensation correspondingto salary grade thirty (30) as prescribed under Republic Act No. 6758and the implementing guidelines issued pursuant thereto. (b) The city mayor, as the chief executive of thecity government., shall exercise such powers and perform such dutiesand functions as provided herein: (1) Exercise those powers expressly granted to him bylaw, those necessarily implied therefrom, as well as powers necessary,appropriate or incidental for the efficient and effective governance ofthe City, and those which are essential to the promotion of generalwelfare: (aa) Determine the guidelines of city policies and beresponsible to the sangguniang panlungsod for the program of government; (bb) Direct the formulation of the city developmentplan, with the assistance of the city development council and, uponapproval thereof by the sangguniang panlungsod, implement the same; (cc) Present the program of government and proposepolicies and projects for the consideration of the sangguniangpanlungsod at the opening of the regular session of the sangguniangpanlungsod every calendar year and as often as may be deemed necessaryas the general welfare of the inhabitants and the needs of the citygovernment may require; (dd) Initiate and propose legislative measures to thesangguniang panlungsod and, as often as may be deemed necessary providesuch information and data needed or requested by said sanggunian in theperformance of its legislative functions; (ee) Appoint all officials and employees whosesalaries and wages are wholly or mainly paid out of city funds andwhose appointments are not otherwise provided for in this Act, as wellas those he may be authorized by law to appoint; (ff) Represent the City in all its businesstransactions and sign in its behalf all bonds, contracts andobligations, and such other documents upon authority of the sangguniangpanlungsod or pursuant to law or ordinance; (gg) Carry out such emergency measures as may benecessary during and in the aftermath of man-made and natural disastersand calamities; (hh) Determine the time, manner and place of paymentof salaries or wages of the officials and employees of the City, inaccordance with law or ordinance; (ii) Allocate and assign office space to city andother officials and employees who by law or ordinance, are entitled tosuch space in the city hall and other buildings owned or leased by thecity government; (jj) Ensure that all executive officials andemployees of the City faithfully discharge their duties and functionsas provided by law and this Act, and cause to be institutedadministrative or judicial proceedings against any official or employeeof the City who may have committed an offense in the performance of hisofficial duties; (kk) Examine the books, records and other documentsof all offices, officials, agents or employees of the City and in aidof his executive powers and authority, require all national officialsand employees stationed in or assigned to the City to make available tohim such books, records and other documents in their custody, exceptthose classified by law as confidential; (ll) Furnish copies of executive orders issued by himto the respective council chairmen within seventy-two (72) hours aftertheir issuance; (mm) Visit component barangays of the City at leastonce every six (6) months to deepen his understanding of problems andconditions, listen and give appropriate counsel to local officials andinhabitants of general laws and ordinances which especially concernthem, and otherwise conduct visits and inspections to ensure that thegovernance of the City will improve the quality of life of theinhabitants; (nn) Act on leave applications of officials andemployees appointed by him and the commutation of the monetary value oftheir leave credits in accordance with law; (oo) Authorize official trips of city officials andemployees outside of the City for a period not exceeding thirty (30)days; (pp) Call upon any national official or employeestationed in or assigned to the City to advise him on matters affectingthe City and to make recommendations thereon; coordinate with saidofficial or employee in the formulation and implementation of plans,programs and projects; and, when appropriate, initiate anyadministrative or judicial action against a national governmentofficial or employee who may have committed an offense in theperformance of his official duties while stationed in or assigned tothe City; (qq) Authorize payment for medical care, necessarytransportation, subsistence, hospital or medical fees of city officialsand employees who are injured while in the performance of theirofficial duties and functions, subject to availability of funds; (rr) Solemnize marriages, any provision of law to thecontrary notwithstanding; (ss) Conduct an annual palarong panlungsod, whichshall feature traditional sports and disciplines included in nationaland international games, in coordination with the Department ofEducation, Culture and Sports; and (tt) Submit to the respective metropolitan authoritycouncil chairmen and to the Office of the President the followingreports: an annual report containing a summary of all matters pertinentto the management., administration and development of the City and allinformation and data relative to its political, social and economicconditions; and supplemental reports when unexpected events andsituations arise at any time during the year, particularly whenman-made or natural disasters or calamities affect the general welfareof the City. (2) Enforce all laws and ordinances relative to thegovernance of the City and in the exercise of its appropriate corporatepowers, as well as implement all approved policies, programs, projects,services and activities of the City: (aa) Ensure that the acts of the City's componentbarangays and of its officials and employees are within the scope oftheir prescribed powers, duties and functions; (bb) Call conventions, conferences, seminars ormeetings of elective and appointive officials of the City, includingnational officials and employees stationed in or assigned to the City,at such time and place and on such subject as he may deem important forthe promotion of the general welfare of the local government unit andits inhabitants; (cc) Issue such executive orders for the faithful andappropriate enforcement and execution of laws and ordinances; (dd) Be entitled to carry the necessary firearmwithin his territorial jurisdiction; (ee) Act as the deputized representative of theNational Police Commission, formulate the peace and order plan of theCity and upon its approval, implement the same; and as such, exercisegeneral and operational control and supervision over the local policeforces in the City, in accordance with Republic Act No. 6975; and (ff) Call upon the appropriate law enforcementagencies to suppress disorder, riot, lawless violence, rebellion orsedition, or to apprehend violators of the law when public interest sorequires and the city police forces are inadequate to cope with thesituation or the violators. (3) Initiate and maximize the generation of resourcesand revenues, and apply the same to the implementation of developmentplans, program objectives, priorities, particularly those resources andrevenues programmed for agro-industrial development and countrysidegrowth and progress: (aa) Require each head of an office or department toprepare and submit an estimate of appropriations for the ensuingcalendar year, in accordance with the budget preparation process and inaccordance with the provisions of the Local Government Code; (bb) Prepare and submit to the sanggunian forapproval the executive and supplemental budgets of the City for the ensuing calendar year in themanner provided for under the Local Government Code; (cc) Ensure that all taxes and other revenues of theCity are collected, and that city funds are applied to the payment ofexpenses and settlement of obligations of the City, in accordance withlaw or ordinance; (dd) Issue licenses and permits and suspend or revokethe same for any violation or the conditions upon which said licensesor permits had been issued, pursuant to law or ordinance; (ee) Issue permits, without need of approval thereforfrom any national agency, for the holding of activities for anycharitable or welfare purpose, excluding prohibited games of chance orshows contrary to law, public policy and public morals; (ff) Require owners of illegally constructed houses,buildings or other structures to obtain the necessary permit, subjectto such fines and penalties as may be imposed by law or ordinance, orto make necessary changes in the construction of the same when saidconstruction violates any law or ordinance, or to order the demolitionor removal of said house, building or structure within the periodprescribed by law or ordinance; (gg) Adopt adequate measures to safeguard andconserve land, mineral, marine, forest and other resources of the City; (hh) Provide efficient and effective property andsupply management in the City and protect the funds, credits, rightsand other properties of the City; and (ii) Institute or cause to be institutedadministrative or judicial proceedings for violation of ordinances inthe collection of taxes, fees or charges, and for the recovery of fundsand property; and cause the City to be defended against all suits toensure that its interests, resources and rights shall be adequatelyprotected. (4) Ensure the delivery of basic services and theprovision of adequate facilities and, in addition thereto: (aa) Ensure that the construction and repair of roadsand highways funded by the national government shall be, as far aspracticable, carried out in a spatially contiguous manner and incoordination with the construction and repair of the roads and bridgesof the City; and (bb) Coordinate the implementation of technicalservices, including public works and infrastructure programs, renderedby national offices. (5) Perform such other duties and functions andexercise such other powers, as provided for under Republic Act No.7160, otherwise known as the Local Government Code of 1991, and thosethat are prescribed by law or ordinance. Sec. 9. The City Vice Mayor. — (a) There shall bea city vice mayor who shall be elected in the same manner as the citymayor and shall, at the time of his election, possess the samequalifications as the city mayor. He shall hold office for three (3)years, unless sooner removed and shall receive a monthly compensationcorresponding to salary grade twenty-eight (28) as prescribed underRepublic Act No. 6758, and the implementing guidelines issued pursuantthereto. ARTICLE IV THE SANGGUNIANG PANLUNGSOD Section 10. The Sangguniang Panlungsod. — (a) Thesangguniang panlungsod, the legislative body of the City, shall becomposed of the city vice mayor as presiding officer, the regularsanggunian members, the president of the city chapter of the liga ngmga barangay, the president of the panlungsod na pederasyon ng mgasangguniang kabataan, and the sectoral representatives, asmembers. (b) In addition thereto, there shall be three (3)sectoral representatives: one (1) from the women; and as shall bedetermined by the sangguniang panlungsod within ninety (90) days priorto the holding of the local elections, one (1) from the agricultural orindustrial workers; and one (1) from the other sectors, including theurban poor, indigenous cultural communities, or disabled persons. (c) The regular members of the sangguniang panlungsodand the sectoral representatives shall be elected in the manner as maybe provided for by law. The elective members of the sangguniangpanlungsod shall possess the same qualifications as that of the citymayor and vice mayor except that candidates for said position must beat least eighteen (18) years of age on election day. (d) They shall receive such compensation, emolumentsand allowances as may be determined law. (e) The sangguniang panlungsod shall: (1) Approve ordinances and pass resolutions necessaryfor an efficient and effective city government and, in this connection,shall: (aa) Review all ordinances approved by thesangguniang barangay and executive orders issued by the punong barangayto determine whether those are within the scope of the prescribedpowers of the sanggunian and of the punong barangay; (bb) Maintain peace and order by enacting measures toprevent and suppress lawlessness, disorder, riot, violence, rebellionor sedition and impose penalties for the violation of said ordinances: (cc) Approve ordinances imposing a fine not exceedingFive thousand pesos (P5,000.00) or an imprisonment for a period notexceeding one (1) year, or both in the discretion of the court, for theviolation of a city ordinance; (dd) Adopt measures to protect the inhabitants of theCity from the harmful effects of man-made or natural disasters andcalamities and to provide relief services and assistance for victimsduring and in the aftermath of said disasters or calamities and intheir return to productive livelihood following said events; (ee) Enact ordinances intended to prevent, suppressand impose appropriate penalties for habitual drunkenness in publicplaces, vagrancy, mendicancy, prostitution, establishment andmaintenance of houses of ill repute, gambling and other prohibitedgames of chance, fraudulent devices and ways to obtain money orproperty, drug addiction, maintenance of drug dens, drug pushing,juvenile delinquency, the printing, distribution or exhibition ofobscene or pornographic materials or publications, and such otheractivities inimical to the welfare and morals of the inhabitants of theCity; (ff) Protect the environment and impose appropriatepenalties for acts which endanger the environment such as illegallogging and smuggling of logs, smuggling of natural resources productsand of endangered species of flora and fauna, slash-and-burn farming,and such other activities which result in pollution, acceleration ofeutrophication of rivers and lakes or of ecological imbalance; (gg) Subject to the provisions of the LocalGovernment Code and pertinent laws, determine the powers and duties ofofficials and employees of the City; (hh) Determine the positions and the salaries, wages,allowances and other emoluments and benefits of officials and employeespaid wholly or mainly from city funds and provide for expenditurenecessary for the proper conduct of programs, projects, services andactivities of the city government; (ii) Authorize the payment of compensation to aqualified person not in the government service who fills up a temporaryvacancy or grant honorarium to any qualified official or employeedesignated to fill a temporary vacancy in a concurrent capacity at therate authorized by law; (jj) Provide a mechanism and the appropriate fundstherefor, to ensure the safety and protection of all city governmentproperty, public documents or records such as those relating toproperty inventory, land ownership, records of births, marriages,deaths, assessments, taxation, accounts, business permits and suchother records and documents of public interest in the offices anddepartments of the city government; (kk) 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 othernational government officials stationed in or assigned to the City; (ll) Provide legal assistance to barangay officialswho, in the performance of their official duties or on the occasionthereof, have to initiate judicial proceedings or defend themselvesagainst legal action; and (mm) Provide for group insurance or additionalinsurance coverage for all barangay officials, including members ofbarangay tanod brigades and other service units, with public or privateinsurance companies, when the finances of the city government allowsaid coverage. (2) Generate and maximize the use of resources andrevenues for the development plans, program objectives and prioritiesof the City, with particular attention to agro-industrial developmentand city-wide growth and progress: (aa) Approve the annual and supplemental budgets ofthe city government and appropriate funds for specific programs,projects, services and activities of the City, or for other purposesnot contrary to law, in order to promote the general welfare of theCity and its inhabitants; (bb) Subject to the provisions of Book II of theLocal Government Code and applicable laws and upon the majority vote ofall the members of the sangguniang panlungsod, enact ordinances levyingtaxes, fees and charges prescribing the rates thereof for general andspecific purposes, and granting tax exemptions, incentives or reliefs; (cc) Subject to the provisions of Book II of theLocal Government Code and upon the majority vote of all the members ofthe sangguniang panlungsod, authorize the city mayor to negotiate andcontract loans and other forms of indebtedness; (dd) Subject to the provisions of Book II of theLocal Government Code and applicable laws and upon the majority vote ofall the members of the sangguniang panlungsod enact ordinancesauthorizing the floating of bonds or other instruments of indebtedness,for the purpose of raising funds to finance development projects; (ee) Appropriate funds for the construction andmaintenance or the rental of buildings for the use of the City; and,upon the majority vote of all the members of the sangguniang panlungsodauthorize the city mayor to lease to private parties such publicbuildings held in a proprietary capacity, subject to existing laws,rules and regulations; (ff) Prescribe reasonable limits and restraints onthe use of property within the jurisdiction of the City; (gg) Adopt a comprehensive land use plan for the City; (hh) Reclassify land within the jurisdiction of theCity, subject to the pertinent provisions of the Local Government Code; (ii) Enact integrated zoning ordinances in consonancewith the approved comprehensive land use plan, subject to existinglaws, rules and regulations; establish fire limits or zones,particularly in populous centers; and regulate the construction, repairor modification of buildings within said fire limits or zones inaccordance with the provisions of the Fire Code; (jj) Subject to national law, process and approvesubdivision plans for residential, commercial or industrial purposesand other development purposes, and to collect processing fees andother charges, the proceeds of which shall accrue entirely to the City:provided, however, that where approval of a national agency or officeis required, said approval shall not be withheld for more than thirty(30) days from receipt of the application. Failure to act on theapplication within the period stated above shall be deemed as approvalthereof; (kk) With the concurrence of at least two-thirds(2/3) of all the members of the sangguniang panlungsod, grant taxexemptions, incentives or relief to entities engaged in communitygrowth-inducing industries, subject to the provisions of the LocalGovernment Code; (ll) Grant loans or provide grants to other localgovernment units or to national, provincial and city charitable,benevolent or educational institutions: provided, that the saidinstitutions are operated and maintained within the City; (mm) Regulate the numbering of residential,commercial and other buildings; and (nn) Regulate the inspection, weighing and measuringof articles of commerce. (3) Subject to the provisions of the Local GovernmentCode of 1991, enact ordinances granting franchises and authorizing theissuance of permits or licenses, upon such conditions and for suchpurposes intended to promote the general welfare of the inhabitants ofthe City and pursuant to this legislative authority, shall: (aa) Fix and impose reasonable fees and charges forall services rendered by the city government to private persons orentities; (bb) Regulate or fix license fees for any business orpractice of profession within the City and the conditions under whichthe license for said business or practice of profession may be revokedand enact ordinances levying taxes thereon; (cc) Provide for and settle terms and conditionsunder which public utilities owned by the City shall be operated by thecity government, and prescribe the conditions under which the same maybe leased to private persons or entities, preferably cooperatives; (dd) Regulate the display of and fix the license feesfor signs, signboards or billboards at the place or places where theprofession or business advertised thereby is, in whole or in part,conducted; (ee) Any law to the contrary notwithstandingauthorize and license the establishment, operation and maintenance ofcockpits and regulate cockfighting and commercial breeding ofgamecocks: provided, that existing rights shall not be impaired; (ff) Subject to the guidelines prescribed by theDepartment of Transportation and Communications, regulate the operationof tricycles and grant franchises for the operation thereof within theterritorial jurisdiction of the City; and (gg) Upon approval by a majority vote of all themembers 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 orslaughterhouses; or undertake such other activities within the City asmay be allowed by existing laws: provided, that cooperatives shall begiven 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 thegeneral welfare and for said purpose, shall: (aa) Declare, prevent or abate any nuisance; (bb) Require that buildings and the premises thereofand any land within the City be kept and maintained in a sanitarycondition; impose penalties for any violation thereof; or, upon failureto comply with said requirement, have the work done at the expense ofthe owner, administrator or tenant concerned; or require the filling upof any land or premises to a grade necessary for proper sanitation; (cc) Regulate the disposal of clinical and otherwastes from hospitals, clinics and other similar establishments; (dd) Regulate the establishment, operation andmaintenance of cafes, restaurants, beerhouses, hotels, motels, inns,pension houses, lodging houses and other similar establishments,including tourist guides and transports; (ee) Regulate the sale, giving away or dispensing ofany intoxicating malt, vino, mixed or fermented liquors at any retailoutlet; (ff) Regulate the establishment and provide for theinspection of steam boilers or any heating device in buildings and thestorage of inflammable and highly combustible materials within the City; (gg) Regulate the establishment, operation andmaintenance of any entertainment or amusement facilities, includingtheatrical performances, circuses, billiard pools, public dancingschools, public dance halls, sauna baths, massage parlors, and otherplaces for entertainment. or amusement; regulate such other events oractivities for amusement or entertainment, particularly those whichtend to disturb the community or annoy the inhabitants, or require thesuspension or suppression of the same; or prohibit certain forms ofamusement or entertainment in order to protect the social and moralwelfare of the community; (hh) Provide for the impounding of stray animals;regulate the keeping of animals in homes or as part of a business, andthe slaughter, sale or disposition of the same; and adopt measures toprevent and penalize cruelty to animals; and (ii) Regulate the establishment, operation andmaintenance of funeral parlors and the burial or cremation of the dead,subject to existing laws, rules and regulations. (5) Approve ordinances which shall ensure theefficient and effective delivery of the basic services and facilitiesas provided for under the Local Government Code, and in addition tosaid services and facilities, shall: (aa) Provide for the establishment, maintenance,protection and conservation of tree parks, green belts and othersimilar development projects; (bb) Establish markets, slaughterhouses or animalcorrals and authorize the operation thereof by the city government; andregulate the construction and operation of private markets, talipapasor other similar buildings and structures; (cc) Regulate the preparation and sale of meat,poultry, fish, vegetables, fruits, fresh dairy products and otherfoodstuffs for public consumption; (dd) Regulate the use of streets, avenues, alleys,sidewalks, bridges, parks and other public places and approve theconstruction, improvement, repair and maintenance of the same;establish bus and vehicle stops and terminals or regulate the use ofthe same by privately-owned vehicles which serve the public; regulategarages and the operation of conveyances for hire; designate stands tobe occupied by public vehicles when not in use; regulate the putting upof signs, signposts, awnings and awning posts on the streets; andprovide for the lighting, cleaning and sprinkling of streets and publicplaces; (ee) Regulate traffic on all streets and bridges;prohibit encroachments or obstacles thereon and, when necessary in theinterest of public welfare, authorize the removal of encroachments andillegal constructions in public places; (ff) Subject to existing laws, establish and providefor the maintenance, repair and operation of an efficient waterworkssystem to supply water for the inhabitants and to purify the source ofthe water supply; regulate the construction, maintenance, repair anduse of hydrants, pumps, cisterns and reservoirs; protect the purity andquantity of the water supply of the City, and for this purpose, extendthe coverage of appropriate ordinances over all the territory withinthe drainage area of said water supply and within one hundred meters(100 m.) of the reservoir, conduit, canal, aqueduct, pumping station orwatershed used in connection with the water service; and regulate theconsumption, use or wastage of water and fix and collect chargestherefore; (gg) Regulate the drilling and excavation of theground for the laying of water, gas, sewer and other pipes and theconstruction, repair and maintenance of public drains, sewers,cesspools, tunnels and similar structures; regulate the placing ofpoles and the use of crosswalks, curbs and gutters; adopt measures toensure public safety against open canals, manholes, live wires andother similar hazards to life and property; and regulate theconstruction and use of private water closets, privies and othersimilar structures in buildings and homes; (hh) 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 samewhen found to be dangerous, defective or otherwise hazardous to thewelfare of the inhabitants; (ii) Subject to the availability of funds and toexisting laws, rules and regulations, establish and provide for theoperation of a city college, vocational and technical schools andsimilar post-secondary institutions and, with the approval of theDepartment of Education, Culture and Sports and subject to existing lawon tuition fees, fix and collect reasonable tuition fees and otherschool charges in educational institutions supported by the citygovernment; (jj) Establish a scholarship fund for poor butdeserving students in schools located within its jurisdiction or forstudents residing within the City; (kk) Approve measures and adopt quarantineregulations to prevent the introduction and spread of diseases; (ll) Provide for an efficient and effective system ofsolid waste and garbage collection and prohibit littering and theplacing or throwing of garbage, refuse and other filth and wastes; (mm) 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 youth beloweighteen (18) years of age; and, subject to availability of funds,establish and provide for the operation of centers and facilities forsaid needy and disadvantaged persons; (nn) Establish and provide for the maintenance andimprovement of jails and detention centers, institute a sound jailmanagement program, and appropriate funds for the subsistence ofdetainees and convicted prisoners in the City; (oo) Establish a city council whose purpose is thepromotion of culture and the arts, coordinate with government agenciesand nongovernmental organizations and, subject to the availability offunds, appropriate funds for the support and development of the same;and (pp) Establish a city council for the elderly whichshall formulate policies and adopt measures mutually beneficial to theelderly and to the community; provide incentives for nongovernmentalagencies and entities and, subject to the availability of funds,appropriate funds to support programs and projects for the benefit ofthe elderly. (6) Perform such other duties and functions andexercise such other powers as provided for under Republic Act No. 7160,otherwise known as the Local Government Code of 1991, and those thatare prescribed by law or ordinance. ARTICLE V Section 11. Internal Rules of Procedure. — (a) On thefirst regular session following the election of its members and withinninety (90) days thereafter, the sangguniang panlungsod shall adopt orupdate its existing rules of procedure. (b) The rules of procedure shall provide for thefollowing: (1) The organization of the sanggunian and theelection of its officers as well as the creation of standing committeeswhich shall include, but shall not be limited to, the committees onappropriations, women and family, human rights, youth and sportsdevelopment, environmental protection, and cooperatives; the generaljurisdiction of each committee; and the election of the chairman andmembers of each committee; (2) The order and calendar of business for eachsession; (3) The legislative process; (4) The parliamentary procedures which include theconduct of members during sessions; (5) The discipline of members for disorderly behaviorand absences without justifiable cause for four (4) consecutivesessions, for which they may be censured, reprimanded or excluded fromthe session, suspended for not more than sixty (60) days or expelled:provided, that the penalty of suspension or expulsion shall require theconcurrence of at least two-thirds (2/3) vote of all the sanggunianmembers: provided, further, that a member convicted by final judgmentto imprisonment of at least one (1) year for any crime involving moralturpitude shall be automatically expelled from the sanggunian; and (6) Such other rules as the sanggunian may adopt. Section 12. Full Disclosure of Financial and BusinessInterest of Sangguniang Panlungsod Members. — (a) Every sangguniangpanlungsod member shall, upon assumption to office, make a fulldisclosure of his business and financial interest. He shall alsodisclose any business, financial or professional relationship or anyrelation by affinity or consanguinity within the fourth civil degree,which he may have with any person, firm or entity affected by anyordinance or resolution under consideration by the sanggunian of whichhe is a member, which relationship may result in conflict of interest.Such relationship shall include: Section 13. Sessions. — (a) On the first day of thesession immediately following the election of its members, thesangguniang panlungsod shall, by resolution, fix the day, time andplace of its regular sessions. The minimum number of regular sessionsshall be once a week for the sangguniang panlungsod, and twice a monthfor the sangguniang barangay. Section 14. Quorum. — (a) A majority of all themembers of the sanggunian who have been elected and qualified shallconstitute a quorum to transact official business. Should a question ofquorum be raised during a session, the presiding officer shallimmediately proceed to call the roll of the members and thereafterannounce the results. Section 15. Approval of Ordinances. — (a) Everyordinance enacted by the sangguniang panlungsod shall be presented tothe city mayor. If the city mayor approves the same, he shall affix hissignature on each and every page thereof; otherwise, he shall veto itand return the same with his objections to the sanggunian, which mayproceed to reconsider the same. The sanggunian may override the veto ofthe city mayor by two-thirds (2/3) vote of all its members, therebymaking the ordinance or resolution effective for all legal intents andpurposes. Section 16. Veto Power of the City Mayor. — (a) Thecity mayor may veto an ordinance of the sangguniang panlungsod on theground that it is ultra vires or prejudicial to the public welfare,stating his reasons therefor in writing. Section 17. Review of Barangay Ordinances by theSangguniang Panlungsod. — (a) Within ten (10) days after enactment, thesangguniang barangay shall furnish copies of all barangay ordinances tothe sangguniang panlungsod for review as to whether the ordinance isconsistent with law and city ordinances. Section 18. Enforcement of Disapproved Ordinances orResolutions. — Any attempt to enforce any ordinance or any resolutionapproving the local development plan and public investment program,after the disapproval thereof, shall be sufficient ground for thesuspension or dismissal of the official or employee concerned. Section 19. Effectivity of Ordinances or Resolutions.— (a) Unless otherwise stated in the ordinance or the resolutionapproving the local development plan and public investment program, thesame shall take effect after ten (10) days from the date a copy thereofis posted in a bulletin board at the entrance of the City Hall ofValenzuela, and in at least two (2) other conspicuous places in theCity of Valenzuela. ARTICLE VI Sec. 20. Disqualification of Elective PublicOfficials. — The following persons are disqualified from running forany elective position in the City: (a) Those sentenced by final judgment for an offenseinvolving moral turpitude or for an offense punishable by one (1) yearor more of imprisonment, within two (2) years after serving sentence; (b) Those removed from office as a result of anadministrative case; (c) Those convicted by final judgment. for violatingthe oath of allegiance to the Republic of the Philippines; (d) Those with dual citizenship; (e) Fugitives from justice in criminal ornonpolitical cases here and abroad; (f) Permanent residents in a foreign country or thosewho have acquired the right to reside abroad and continue to avail ofthe same right after the effectivity of the Local Government Code; and (g) The insane or feeble-minded. Sec. 21. Permanent Vacancy in the Office of theCity Mayor and Vice Mayor. — (a) If a permanent vacancy occurs in theoffice of the city mayor, the city vice mayor concerned shall becomethe city mayor. If a permanent vacancy occurs in the office of the vicemayor, the highest ranking sangguniang panlungsod member or, in case ofhis permanent incapacity, the second highest ranking sangguniangpanlungsod member, shall become the city mayor or city vice mayor, asthe case may be. Subsequent vacancies in the said offices shall befilled automatically by the other sanggunian members according to theirranking as defined herein. Sec. 22. Permanent Vacancies in the Sanggunian. —Permanent vacancies in the sangguniang panlungsod where automaticsuccession as provided above does not apply shall be filled byappointment. in the following manner: Sec. 23. Temporary Vacancy in the Office of theCity Mayor. — (a) When the city mayor is temporarily incapacitated toperform his duties for physical or legal reasons such as, but notlimited to, leave of absence, travel abroad, and suspension fromoffice, the city vice mayor, or the highest ranking sangguniangpanlungsod member shall automatically exercise the powers and performthe duties and functions of the city mayor, except the power toappoint, suspend or dismiss employees which can only be exercised ifthe period of temporary incapacity exceeds thirty (30) workingdays. ARTICLE VII Sec. 24. The Secretary to the SangguniangPanlungsod. — (a) There shall be a secretary to the sangguniangpanlungsod who shall be a career official with the rank and salaryequal to a head of a department or office who shall be appointed by thecity vice mayor. (b) No person shall be appointed secretary to thesangguniang panlungsod unless he is a citizen of the Philippines, aresident of the City of Valenzuela, of good moral character, a holderof a college degree preferably in law, commerce or publicadministration from a recognized college or university, and a firstgrade civil service eligible or its equivalent. (c) The secretary to the sangguniang panlungsod shalltake charge of the office of the sangguniang panlungsod, and shall: (1) Attend meetings of the sangguniang panlungsod andkeep a journal of its proceeding; (2) Keep the seal of the City and affix the same withhis signature to all ordinances, resolutions and other official acts ofthe sangguniang panlungsod and present the same to the presidingofficer for his signature; (3) Forward to the city mayor, for approval, copiesof ordinances enacted by the sangguniang panlungsod and duly certifiedby the presiding officer; (4) Furnish, upon request of any interested party,certified copies of records of public character in his custody, uponpayment to the city treasurer of such fees as may be prescribed byordinance; (5) Record in a book kept for the purpose, allordinances and resolutions enacted or adopted by the sangguniangpanlungsod, with the dates of passage and publication thereof; (6) Keep his office and all nonconfidential recordstherein open to the public during the usual business hours; (7) Translate into the dialect used by the majorityof inhabitants all ordinances and resolutions immediately after theirapproval, and cause the publication of the same together with theoriginal version in the manner provided under the Local Government Code; (8) Take custody of the local archives and whereapplicable, the local library and annually account for the same; and (9) Perform such other duties and functions andexercise such other powers as provided for under Republic Act No. 7160,otherwise known as the Local Government Code of 1991, and those thatare prescribed by law or ordinance. Sec. 25. The City Treasurer. — (a) The citytreasurer shall be appointed by the Secretary of Finance from a list ofat least three (3) ranking eligible recommendees of the city mayor,subject to civil service law, rules and regulations. Sec. 26. The Assistant City Treasurer. — (a) Theassistant city treasurer may be appointed by the Secretary of Financefrom a list of at least three (3) ranking eligible recommendees of thecity mayor, subject to civil service law, rules and regulations. Sec. 27. The City Assessor. — (a) The cityassessor must be a citizen of the Philippines, a resident of the Cityof Valenzuela, of good moral character, a holder of a college degreepreferably in civil or mechanical engineering, commerce or any otherrelated course from a recognized college or university, and a firstgrade civil service eligible or its equivalent. He must have acquiredexperience in real property assessment work or in any related field forat least five (5) years immediately preceding the date of hisappointment. Sec. 28. The Assistant City Assessor. — (a) Theassistant city assessor must be a citizen of the Philippines, aresident of the City of Valenzuela, of good moral character, a holderof 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 musthave acquired experience in assessment or in any related field for atleast three (3) years immediately preceding the date of his appointment. Sec. 29. The City Accountant. — (a) The cityaccountant must be a citizen of the Philippines, a resident of the Cityof Valenzuela, of good moral character, and a certified publicaccountant. He must have acquired experience in the treasury oraccounting service for at least five (5) years immediately precedingthe date of his appointment. Sec. 30. The City Budget Officer. — (a) The citybudget officer must be a citizen of the Philippines, a resident of theCity of Valenzuela, of good moral character, a holder of a collegedegree preferably in accounting, economics, public administration orany related course from a recognized college or university, and a firstgrade civil service eligible or its equivalent. He must have acquiredexperience in government budgeting or in any related field for at leastfive (5) years immediately preceding the date of his appointment. Sec. 31. The City Planning and DevelopmentCoordinator. — (a) The city planning and development coordinator mustbe a citizen of the Philippines, a resident of the City of Valenzuela,of good moral character, a holder of a college degree preferably inurban planning, development studies, economics, public administrationor any related course from a recognized college or university, and afirst grade civil service eligible or its equivalent. He must haveacquired experience in development planning or in any related field forat least five (5) years immediately preceding the date of hisappointment. Sec. 32. The City Engineer. — (a) The cityengineer must be a citizen of the Philippines, a resident of the Cityof Valenzuela, of good moral character, and a licensed engineer. Hemust have acquired experience in the practice of his profession for atleast five (5) years immediately preceding the date of his appointment. Sec. 33. The City Health Officer. — (a) The cityhealth officer must be a citizen of the Philippines, a resident of theCity of Valenzuela, of good moral character, and a licensed medicalpractitioner. He must have acquired experience in the practice of hisprofession for at least five (5) years immediately preceding the dateof his appointment. Sec. 34. The City Civil Registrar. — (a) The citycivil registrar must be a citizen of the Philippines, a resident of theCity of Valenzuela, of good moral character, a holder of a collegedegree from a recognized college or university, and a first grade civilservice eligible or its equivalent. He must have acquired experience incivil registry work for at least five (5) years immediately precedingthe date of his appointment. Sec. 35. The City Administrator. — (a) The cityadministrator must be a citizen of the Philippines, a resident of theCity of Valenzuela, of good moral character, holding a college degreepreferably in public administration, law or any related course from arecognized college or university, and a first grade civil serviceeligible or its equivalent. He must have acquired experience inmanagement and administration work for at least five (5) yearsimmediately preceding the date of his appointment. Sec. 36. The City Legal Officer. — (a) The citylegal officer must be a citizen of the Philippines, a resident of theCity of Valenzuela, of good moral character, and a member of thePhilippine Bar. He must have practiced his profession for at least five(5) years immediately preceding the date of his appointment. Sec. 37. The City Social Welfare and DevelopmentOfficer. — (a) The city social welfare and development officer must bea citizen of the Philippines, a resident of the City of Valenzuela, ofgood moral character, a duly licensed social worker or a holder of acollege degree preferably in sociology or any other related course froma recognized college or university, and a first grade civil serviceeligible or its equivalent. He must have acquired experience in thepractice of social work for at least five (5) years immediatelypreceding the date of his appointment. Sec. 38. The City Environment and NaturalResources Officer. — (a) The city environment and natural resourcesofficer must be a citizen of the Philippines, a resident of the City ofValenzuela, of good moral character, a holder of a college degreepreferably in environment, forestry, agriculture or any other relatedcourse from a recognized college or university, and a first grade civilservice eligible or its equivalent. He must have acquired experience inthe environmental and natural resources management, conservation andutilization work for at least five (5) years immediately preceding thedate of his appointment. Sec. 39. The City Architect. — (a) The cityarchitect must be a citizen of the Philippines, a resident of the Cityof Valenzuela, of good moral character, and a duly licensed architect.He must have practiced his profession for at least five (5) yearsimmediately preceding the date of his appointment. Sec. 40. The City Information Officer. — (a) Thecity information officer must be a citizen of the Philippines, aresident of the City of Valenzuela, of good moral character a holder ofa college degree preferably in journalism, mass communication or anyother related course from a recognized college or university, and afirst grade civil service eligible or its equivalent. He must haveexperience in writing articles and research papers, or in writing forprint, television or broadcast media for at least five (5) yearsimmediately preceding the date of his appointment. Sec. 41. The City Cooperatives Officer. — (a) Thecity cooperatives officer must be a citizen of the Philippines, aresident of the City of Valenzuela, of good moral character, a holderof a college degree preferably in business administration with specialtraining in cooperatives or any related course from a recognizedcollege or university, and a first grade civil service eligible or itsequivalent. He must have experience in cooperatives organization andmanagement for at least five (5) years immediately preceding the dateof his appointment. Sec. 42. The City Population Officer. — (a) Thecity population officer must be a citizen of the Philippines, aresident of the City of Valenzuela, of good moral character, a holderof a college degree with specialized training in population developmentfrom a recognized college or university, and a first grade civilservice eligible or its equivalent. He must have experience in theimplementation of programs on population development or responsibleparenthood for at least three (3) years immediately preceding the dateof his appointment. Sec. 43. The City Veterinarian. — (a) The cityveterinarian must be a citizen of the Philippines, a resident of theCity of Valenzuela, of good moral character, and a licensed doctor ofveterinary medicine. He must have practiced his profession for at leastthree (3) years immediately preceding the date of his appointment. Sec. 44. The City General Services Officer. — (a)The city general services officer must be a citizen of the Philippines,a resident of the City of Valenzuela, of good moral character, a holderof a college degree in public administration, business administrationor management from a recognized college or university, and a firstgrade civil service eligible or its equivalent. He must have acquiredexperience in general services, including management of supply,property, solid waste disposal and general sanitation for at least five(5) years immediately preceding the date of his appointment. ARTICLE VIII Sec. 45. Municipal Ordinances Existing at the Timeof Approval of this Act. — All municipal ordinances of the Municipalityof Valenzuela existing at the time of the approval of this Act shallcontinue to be in force within the City of Valenzuela until thesangguniang panlungsod shall, by ordinance, provide otherwise. Sec. 46. Plebiscite. — The City of Valenzuelashall acquire corporate existence upon the ratification of its creationby a majority of the votes cast by the qualified voters in a plebisciteto be conducted in the present Municipality of Valenzuela within sixty(60) days from the approval of this Act. The expenses for suchplebiscite shall be borne by the Municipality of Valenzuela. TheCommission on Elections shall conduct and supervise such plebiscite. Sec. 47. Officials of the City of Valenzuela. —The present elective officials of the municipality shall continue toexercise their powers and functions until such time that a new electionis held and the duly elected officials shall have already qualified andassumed their offices. The appointive officials and employees of themunicipality shall likewise continue exercising their functions andduties and they shall automatically be absorbed by the city governmentof the City of Valenzuela. Sec. 48. Succession Clause. — The City ofValenzuela shall succeed to all the assets, properties, liabilities andobligations of the Municipality of Valenzuela. Sec. 49. Jurisdiction of Metropolitan Manila. —The City of Valenzuela shall, unless otherwise provided by law,continue to be under the jurisdiction of Metropolitan Manila. Sec. 50. Suspension of Increase in Rates of LocalTaxes. — No increase in the rates of local taxes shall be imposed bythe City within a period of five (5) years from its acquisition ofcorporate existence. Sec. 51. Legislative District. — Upon itsconversion into a highly-urbanized city, Valenzuela shall thereafterhave at least two (2) legislative districts that shall initiallycorrespond to the two (2) existing districts created under Sec. 3(a)of Republic Act No. 7166 as implemented by the Commission on Electionsto commence at the next national elections to be held after theeffectivity of this Act. Sec. 52. Applicability of Laws. — The provisionsof Republic Act No. 7160, otherwise known as the Local Government Codeof 1991, Presidential Decree No. 824, and other laws pertaining toMetropolitan Manila and such laws as are applicable to highly-urbanizedcities shall govern the City of Valenzuela insofar as they are notinconsistent with the provisions of this Act. Sec. 53. Separability Clause. — If any part ofthis Act is declared invalid or unconstitutional, the other parts orprovisions thereof shall remain valid and effective. Sec. 54. Repealing Clause. — All laws, decrees,rules and regulations or parts thereof inconsistent with the provisionsof this Act are hereby repealed, amended or modified accordingly. Sec. 55. Effectivity. — This Act shall take effectupon its approval. Approved: February 14, 1998 |