Eighteenth Congress Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.
[ REPUBLIC ACT NO. 11929, July 30, 2022 ]
AN ACT CONVERTING THE MUNICIPALITY OF BALIWAG IN THE PROVINCE OF BULACAN INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF BALIWAG
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I GENERAL PROVISIONS
Section 1. Short Title
This Act shall be known as the "Charter of the City of Baliwag."
Section 2. The City of Baliwag
The Municipality of Baliwag shall be converted into a component city to be known as the City of Baliwag, hereinafter referred to as the City, which shall comprise the present jurisdiction of the Municipality of Baliwag, Province of Bulacan.
The territorial jurisdiction of the City shall be within the present metes and bounds of the Municipality of Baliwag.
The foregoing provision shall be without prejudice to the resolution by the appropriate agency or forum of existing boundary disputes or cases involving questions of territorial jurisdiction between the City of Baliwag and the adjoining local government units (LGUs): Provided, That the territorial jurisdiction of the disputed area or areas shall remain with the LGU which has existing administrative supervision over said area or areas until the final resolution of the case.
Section 3. Official Seal of the City of Baliwag
The City of Baliwag shall have an official seal. It shall be circular in form with the dominant colors of green and blue representing the City's vision to promote economic and social progress, sustainable development, and technological advancement.
The year 2022 at the center upper part of the official seal indicates the year that Baliwag became a component City. The building structure represents the facade of the town's seat of government. On top of this image is the year 1733, when Baliwag was founded by the Augustinians.
The official seal shall display rice stalks to indicate that the City of Baliwag maintains its commitment to national food security as one of the top rice yielders in the Province of Bulacan. The Baliwag buntal hat, a product woven in this City and is regarded as superior in quality to other types of buntal hats produced in the country, is likewise depicted in the official seal.
The City of Baliwag may alter its official seal: Provided, That any change of the seal shall be approved by Congress and registered with the Department of the Interior and Local Government (DILG).
Section 4. Corporate Powers of the City
The City constitutes a political body corporate and as such is endowed with the attributes of perpetual succession and possessed of the powers which pertain to a municipal corporation to be exercised in conformity with the provision of this Charter. The City shall have the following corporate powers:
Section 5. General Powers
The City shall exercise the powers to levy taxes, fees and charges; to close and open roads, streets, alleys, parks or squares; to take, purchase, receive, hold, lease, convey, and dispose of real and personal property for the general interests of the City; to expropriate or condemn private property for public use; to contract and be contracted with; to sue and be sued; to prosecute and defend to final judgment and execution suits wherein the City is involved or interested in; and to exercise all the powers as are granted to corporations or as hereinafter conferred.
Section 6. General Welfare Clause
The City shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare.
Within its territorial jurisdiction, the City shall ensure and support the preservation and enrichment of its culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.
Section 7. Liability for Damages
The City and its officials shall not be exempt from liability for death or injury to persons or damage to property.
Section 8. Jurisdiction of the City
For police purposes, the jurisdiction of the City shall be coextensive with its territorial jurisdiction and for the purpose of protecting and ensuring the purity of the water supply of the City, such police jurisdiction shall also extend over all the territory within the drainage area of such water supply, or within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the City water service.
The city court of the City of Baliwag and the city or municipal courts of the adjoining cities and municipalities shall have concurrent jurisdiction to try crimes and misdemeanors committed within the said drainage area or areas within said spaces of one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the City water service delivery.
The court first taking jurisdiction of such offenses shall have jurisdiction to try cases to the exclusion of others. The police forces of the City of Baliwag and the municipalities and cities concerned shall have concurrent jurisdiction over the maintenance of good order and the enforcement of ordinances throughout said zone, area, or space. Any license that may be issued within said zone, area, or space shall be granted by the proper authorities of the city or municipality concerned, and the fees arising therefrom shall accrue to the treasury of the said city or municipality concerned.
ARTICLE II CITY OFFICIALS IN GENERAL
Section 9. The Officials of the City of Baliwag
Section 10. City Mayor
The City Mayor, as the chief executive of the city government, shall exercise such powers and perform such duties and functions as provided under Section 455 of the Local Government Code of 1991, as amended, and other laws and ordinances passed by the Sangguniang Panlungsod
The City Mayor shall receive a minimum monthly compensation corresponding to Salary Grade Thirty (SG-30) as prescribed under Republic Act No. 6758, otherwise known as the "Compensation and Position Classification Act of 1989," as amended, and the implementing guidelines issued pursuant thereto.
Section 11. City Vice Mayor
The City Vice Mayor shall be the presiding officer of the Sangguniang Panlungsod and shall exercise the duties and functions as provided under Section 456 of the Local Government Code of 1991, as amended, and other laws and ordinances passed by the Sangguniang Panlungsod.
The City Vice Mayor shall receive a minimum monthly compensation corresponding to Salary Grade Twenty-Six (SG-26) as prescribed under the "Compensation and Position Classification Act of 1989," as amended, and the implementing guidelines issued pursuant thereto.
ARTICLE IV THE SANGGUNIANG PANLUNGSOD
Section 12. Composition and Compensation
Section 13. Powers, Duties, and Functions
The Sangguniang Panlungsod, as the legislative body of the City, shall exercise the powers, duties and functions as provided under Section 458 of the Local Government Code of 1991, as amended, and other laws and ordinances passed by the Sangguniang Panlungsod. It shall enact ordinances, approve resolutions, and appropriate funds for the general welfare of the City and its inhabitants pursuant to Section 16 of the Local Government Code of 1991, as amended, and Section 5 of this Charter; and in the proper exercise of corporate and general powers of the City as provided for under Sections 3 and 4 of this Charter.
ARTICLE V PROCESS OF LEGISLATION
Section 14. Internal Rules of Procedure
Section 15. Full Disclosure of Financial and Business Interests of Sangguniang Panlungsod Members
Section 16. Sessions
Section 17. Quorum
Section 18. Approval of Ordinances
Section 19. Veto Power of the City Mayor
Section 20. Review of City Ordinances by the Sangguniang Panlalawigan
Section 21. Review of Barangay Ordinances by the Sangguniang Panlungsod
Section 22. Enforcement of Disapproved Ordinances or Resolutions
Any attempt to enforce any ordinance or any resolution approving the local development plan and public investment program, after the disapproval thereof, shall be a sufficient ground for the suspension or dismissal of the official or employee concerned.
Section 23. Effectivity
of Ordinances or Resolutions.
Section 24. Disqualifications for Elective City Officials
The following persons are disqualified from running for any elective position in the City:
Section 25. Permanent Vacancy in the Offices of the City Mayor and City Vice Mayor
Section 26. Permanent Vacancies in the Sangguniang Panlungsod
Permanent vacancies in the Sangguniang Panlungsod where automatic succession as provided above does not apply shall be filled by appointments in the following manner:
Section 27. Temporary Vacancy in the Office of the Mayor
Section 28. The Secretary to the Sangguniang Panlungsod
Section 29. City Treasurer
Section 30. City Assessor
Section 31. City Accountant
Section 32. City Budget Officer
Section 33. City Internal Auditor
Section 34. City Planning and Sustainable Development Officer
Section 35. City Environment and Natural Resources Officer
Section 36. City Agriculturist
Section 37. City Engineer
Section 38. City Health Officer
Section 39. City Civil Registrar
Section 40. City Administrator
Section 41. City Legal Officer
Section 42. City Human Resource and Management Officer
The City Human Resource and Management Officer must be a citizen of the Philippines, a resident of the City of Baliwag, of good moral character, a holder of a college degree preferably in human resource, psychology, and other related course obtained from a recognized college or university, a first grade civil service eligible or its equivalent and must have acquired experience in organization design and strategic workforce planning, recruitment and staffing, performance management, compensation and benefits, and training and development for at least five (5) years immediately preceding the date of appointment.
The City Human Resource and Management Officer shall receive compensation, emoluments, and allowances as may be determined by law, and shall:
Section 43. City Disaster Risk Reduction and Management Officer
Section 44. City Tourism Officer
Section 45. City Information and Community Relations Officer
Section 46. City Information and Communication Technology Officer
Section 47. City Public Order and Safety Officer
Section 48. City Enterprise and Economic Affairs Officer
Section 49. City Social Welfare and Development Officer
Section 50. City Youth and Development Officer
Section 51. City Persons with Disability Affairs Officer
Section 52. City Librarian
Section 53. City Sports Development Officer
Section 54. City Veterinarian
Section 55. City General Services Officer
Section 56. City Architect
Section 57. City Cooperatives Officer
Section 58. City Population Officer
Section 59. City Business Permit and Licensing Officer
Section 60. City Nutrition Officer
Section 61. City Public Employment Service Officer
Section 62. City Security Officer
Section 63. City Solid and Liquid Waste Management Officer
Section 64. City Fire Station Service
The City shall provide the appropriate site for the City Fire Station.
Section 65. City Jail Service
Section 66. City Schools Division
The Department of Education (DepEd) shall establish and maintain a City Schools Division of the City of Baliwag whose area of jurisdiction will cover all the school districts within the City.
The City Schools Division shall be headed by a City Schools Division Superintendent who must possess the necessary qualifications required by the DepEd.
Section 67. City Prosecution Service
The Secretary of Justice shall always ensure the adequacy and quality of prosecution service in the City and for its purpose shall, in the absence or lack or insufficiency in number of assistant city prosecutors as provided herein above, designate from among the assistant provincial prosecutors a sufficient number to perform and discharge the functions of the City Prosecution Service as provided hereinabove. IDSEAH
ARTICLE IX TRANSTORY AND FINAL PROVISIONS
Section 68. Municipal Ordinance Existing at the Time of the Approval of this Act
All municipal ordinances of the Municipality of Baliwag existing at the time of the approval of this Act shall continue to be in force within the City of Baliwag until the new Sangguniang Panlungsod shall provide otherwise.
Section 69. Plebiscite
The City of Baliwag shall acquire corporate existence upon the ratification of its creation by a majority of the votes cast by qualified voters in a plebiscite to be conducted in the present Municipality of Baliwag within ninety (90) days from the approval of this Act.
The Commission on Elections (COMELEC) shall conduct and supervise such plebiscite. The expenses for such plebiscite shall be borne by the Municipality of Baliwag.
Section 70. Officials of the City of Baliwag
The present elective officials of the Municipality of Baliwag shall continue to exercise their powers and functions until such time that a new election is held and the duly elected officials shall have already qualified and assumed their offices. Appointive officials and employees of the Municipality of Baliwag shall likewise continue exercising their functions and duties and shall automatically be absorbed by the city government of the City of Baliwag.
Section 71. Succession Clause
The City of Baliwag shall succeed to all the assets, properties, liabilities, and obligations of the Municipality of Baliwag.
Section 72
Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province of Bulacan. The qualified voters of the City of Baliwag shall be qualified to vote and run for any elective position in the elections for provincial governor, provincial vice governor, Sangguniang Panlalawigan members, and other elective offices for the Province of Bulacan.
Section 73. Jurisdiction of the Province of Bulacan
The City of Baliwag shall, unless otherwise provided by law, continue to be under the jurisdiction of the Province of Bulacan.
Section 74. 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 75. Legislative District
Until otherwise provided by law, the City of Baliwag shall continue to be a part of the Second Legislative District of the Province of Bulacan.
Section 76. Applicability of Laws
The provisions of the Local Government Code of 1991, as amended, and such other laws as are applicable to component cities shall govern the City of Baliwag insofar as they are not inconsistent with the provisions of this Act.
Section 77. Separability Clause
If, for any reasons, any part or provision of this Charter shall be held unconstitutional, invalid, or inconsistent with the Local Government Code of 1991, as amended, the other parts or provisions hereof which are not affected shall continue to be in full force and effect.
Section 78. Effectivity
This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
Approved,
| (SGD.)VICENTE C. SOTTO III President of the Senate | (SGD.)LORD ALAN JAY Q. VELASCO Speaker of the House of Representatives |
This Act which originated in the House of Representatives was passed by the House of Representatives on November 22, 2021, amended by the Senate of the Philippines on May 23, 2022, and which amendments were concurred in by the House of Representatives on June 1, 2022.
MYRA MARIE D. VILLARICA
Secretary of the Senate
MARK LLANDRO L. MENDOZA
Secretary General House of Representatives
Approved: Lapsed into law on JUL 30 2022 without the signature of the President, in accordance with Article VI Section 27 (1) of the Constitution.
RODRIGO ROA DUTERTE
President of the Philippines
For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.