Republic Act No. 8475

This Act shall be known as the "Charter of the City of Calapan."

The Municipality of Calapan is hereby converted into a component city to be known as the City of Calapan, hereinafter referred to as the City, which shall comprise of the present territory of the Municipality of Calapan in Oriental Mindoro. The territorial jurisdiction of the City shall be within the present metes and bounds of the Municipality of Calapan, to wit:

The City constitutes a political body corporate and as such is endowed with the attribute of perpetual succession and possessed of the powers which pertain to a municipal corporation, to be exercised in conformity with the provisions of this charter. The City shall have the following corporate powers:

The City shall have a common seal and may alter the same at pleasure. It shall exercise the powers to levy taxes, close and open roads, streets, alleys, parks or squares subject to the provisions of the Constitution and existing laws. It may take, purchase, receive, hold, lease, convey, and dispose of real and personal property for the general interest of the City, condemn private property for public use, contract and be contracted with, sue and be sued, prosecute and defend to final judgment and execution suits, wherein said City is a party, and exercise all the powers as are granted to corporations and/or hereinafter conferred.

The City and its officials shall not be liable for death or injury to persons or damage to property done or caused as a consequence or result of the discharge or performance of official functions within the scope of their duties.

The jurisdiction of the City of Calapan, for police purposes only, shall be co-extensive with its territorial jurisdiction and for the purpose of protecting and insuring the purity of the water supply of the City, such police jurisdiction shall also extend over all territory within the drainage area of such water supply, or within one hundred 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 shall have concurrent jurisdiction with the city or municipal courts of adjoining municipalities or cities, to try crimes and misdemeanors committed within said drainage area, or within said spaces of one hundred meters (100 m.). The court first taking cognizance of such an offense shall have jurisdiction to try said cases to the exclusion of others. The police forces of the several municipalities and cities concerned shall have concurrent jurisdiction with the police force of the City for the maintenance of good order and the enforcement of ordinances throughout said zone, area or spaces. But any license that may be issued within said zone, area or spaces shall be granted by the proper authorities of the city or municipality concerned, and the fees arising therefrom shall accrue to the treasury of the said city or municipality.

The city mayor shall be the chief executive of the City. He shall be elected at large by the qualified voters of the City. No person shall be eligible for the position of the city mayor unless at the time of the election he is at least twenty-one (21) years of age, an actual resident of the City for at least one (1) year prior to his election, and a qualified voter therein. He shall hold office for three (3) years unless sooner removed and shall receive a minimum monthly compensation corresponding to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758 and the implementing guidelines issued pursuant thereto.

The city mayor, as chief executive of the city government, shall exercise such powers and perform such duties and functions as provided herein:

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

The city vice mayor shall:

Act as presiding officer of the sangguniang panlungsod and sign all warrants drawn on the city treasury for the sangguniang panlungsod;

Subject to Civil Service Law, rules and regulations, appoint all officials and employees of the sangguniang panlungsod, except those whose manner of appointment is specifically provided for under existing laws;

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

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

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.

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

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

The regular members of the sangguniang panlungsod and the sectoral representatives shall be elected in the manner as may be provided for by law. The elective members of the sangguniang panlungsod shall possess the same qualifications as that of the city mayor and vice mayor except that candidates for said position must be at least eighteen (18) years of age on election day.

The sangguniang panlungsod shall:

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

The rules of procedure shall provide for the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the City Hall of Calapan, and in at least two (2) other conspicuous places in the City of Calapan.

The secretary of the sangguniang panlungsod shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the City Hall of Calapan, and in at least two (2) conspicuous places in the City of Calapan not later than five (5) days after approval thereof. All ordinances or resolutions passed and enacted by the sangguniang panlungsod shall take effect immediately after the publication requirement.

The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and the secretary of the sangguniang panlungsod shall record such fact in a book kept for the purpose, stating the date of approval and posting.

The main features of the ordinance or resolution duly enacted or adopted shall, in addition to being posted, be published once in a local newspaper of general circulation within the City: Provided, That in the absence thereof the ordinance or resolution shall be published in any newspaper of general circulation: Provided, further, That the gist of all ordinances with penal sanctions shall also be published in a newspaper of general circulation.

The following persons are disqualified from running for any elective position in the City:

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 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.

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

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.

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

There shall be a secretary to the sangguniang panlungsod who shall be a career official with the rank and salary equal to a head of department or office, and who shall be appointed by the city vice mayor.

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

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

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

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.

No person shall be appointed treasurer unless he is a citizen of the Philippines, a resident of the City of Calapan, 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 experience in treasury or accounting service for at least five (5) years.

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

The city treasurer shall take charge of the treasury department, and shall:

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.

No person shall be appointed assistant city treasurer unless he is a citizen of the Philippines, a resident of the City of Calapan, 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 five (5) years experience in treasury or accounting.

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

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.

The city assessor must be a citizen of the Philippines, a resident of the City of Calapan, 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 day of his appointment.

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

The city assessor shall take charge of the city assessors' department, and shall:

The assistant city assessor must be a citizen of the Philippines, a resident of the City of Calapan, 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.

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

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 on all declarations of real property for purposes of assessment.

The city accountant must be a citizen of the Philippines, a resident of the City of Calapan, 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.

The city accountant shall receive such compensation, emoluments and allowances as may be determined by law. The city accountant shall take charge of the accounting and internal audit department, and shall:

The city budget officer must be a citizen of the Philippines, a resident of the City of Calapan, 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.

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

The city budget officer shall take charge of the city budget department, and shall:

The city planning and development officer must be a citizen of the Philippines, a resident of the City of Calapan, 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.

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

The city planning and development officer shall take charge of the urban planning and development department, and shall:

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

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

The city engineer shall take charge of the city engineering and public works department, and shall:

The city health officer must be a citizen of the Philippines, a resident of the City of Calapan, 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.

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

The city health officer shall take charge of the city health and sanitation department, and shall:

The city civil registrar must be a citizen of the Philippines, a resident of the City of Calapan, 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.

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

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

The city civil registrar shall take charge of the city civil registry department, and shall:

The city administrator must be a citizen of the Philippines, a resident of the City of Calapan, 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 administration work for at least five (5) years immediately preceding the date of his appointment.

The term of the city administrator is coterminous with that of the appointing authority.

The city administrator shall take charge of the office of the city administrator, and shall:

The city legal officer must be a citizen of the Philippines, a resident of the City of Calapan, 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.

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

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

The city legal officer/chief legal counsel of the City shall take charge of the legal department, and shall:

The city agriculturist must be a citizen of the Philippines, a resident of the City of Calapan, of good moral character, a holder of a college degree in agriculture or any 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 experience in a related field for at least five (5) years.

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

The city agriculturist shall take charge of the agricultural services department, and shall:

The city social welfare and development officer must be a citizen of the Philippines, a resident of the City of Calapan, 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.

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

The city social welfare and development officer shall take charge of the social welfare and development department, and shall:

The city environment and natural resources officer must be a citizen of the Philippines, a resident of the City of Calapan, 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 environment and natural resources management, conservation, and utilization work for at least five (5) years immediately preceding the date of his appointment.

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

The city environment and natural resources officer shall take charge of the environment and natural resources department, and shall:

The city architect must be a citizen of the Philippines, a resident of the City of Calapan, 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.

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

The city architect shall take charge of the architectural planning and design department, and shall:

The city information officer must be a citizen of the Philippines, a resident of the City of Calapan, of good moral character, a holder of a college degree preferably in journalism, mass communication or any other 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 three (3) years immediately preceding the date of his appointment.

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

The term of the city information officer is coterminous with that of his appointing authority.

The city information officer shall take charge of the public information department, and shall:

The city veterinarian must be a citizen of the Philippines, a resident of the City of Calapan, 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.

The city veterinarian shall receive such compensation, emoluments and allowances as may be determined by law. The city veterinarian shall take charge of the veterinary services department, and shall:

The city general services officer must be a citizen of the Philippines, a resident of the City of Calapan, 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, property, solid waste disposal, and general sanitation for at least five (5) years immediately preceding the date of his appointment.

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

The city general services officer shall take charge of the general services department, and shall:

In addition to the officials enumerated above, the City of Calapan shall also have the following officials with the corresponding qualifications, duties, functions and compensation:

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 as may be promulgated by the Department of the Interior and Local Government.

The City shall provide the necessary land or site of the station.

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

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

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.

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 the human rights of these prisoners are respected and protected, and their spiritual and physical well-being are properly and promptly attended to.

All municipal ordinances of the Municipality of Calapan existing at the time of the approval of this Act shall continue to be in force within the City of Calapan until the sangguniang panlungsod shall, by ordinance, provide otherwise.

Upon the effectivity of this Act, the City of Calapan shall maintain a tax moratorium for five (5) years, wherein no increase in the rates of taxes shall be imposed. Furthermore, it shall abide by the provisions of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, which limit the authority of local government units in adjusting tax rates which shall not be oftener than once every five (5) years, but in no case shall such adjustment exceed ten percent (10%) of the rates fixed under the said Code.

The City of Calapan 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 Calapan within sixty (60) days from the approval of this Act. The expenses for such plebiscite shall be borne by the Municipality of Calapan. The Commission on Elections shall conduct and supervise such plebiscite.

The present elective officials of the Municipality of Calapan shall continue to exercise their powers and functions until such time that a new election is held and the duly-elected officials shall have already qualified and assumed their offices. The limitations under Section 8, Article X of the Constitution shall apply and commence upon the conversion of Calapan from a municipality into a city. The appointive officials and employees of the City shall likewise continue exercising their functions and duties and they shall be automatically absorbed by the city government of Calapan.

The City of Calapan shall succeed to all these assets, properties, liabilities, and obligations of the Municipality of Calapan.

The provisions of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, other laws pertaining to the Province of Oriental Mindoro, and such laws as are applicable to cities shall govern the City of Calapan insofar as they are not inconsistent with the provisions of this Act.

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

All laws, decrees, rules or regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

This Act shall take effect upon its approval.