Tenth Congress
[ REPUBLIC ACT NO. 8489, February 11, 1998 ]
AN ACT CONVERTING THE MUNICIPALITY OF TALISAY, NEGROS OCCIDENTAL, INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF TALISAY
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE I GENERAL PROVISIONS
Section 1. Title
This Act shall be known as the Charter of the City of Talisay in the Province of Negros Occidental.
Section 2. The City of Talisay
The Municipality of Talisay is hereby converted into a component city to be known as the City of Talisay, hereinafter referred to as the City, which shall comprise of the present territory of the Municipality of Talisay, Negros Occidental. The territorial jurisdiction of the City shall be within the present metes and bounds of the Municipality of Talisay with the technical description as follows:
Bounds:
North - Cad 49, Silay City along MBM 10, 11, 12 and 13 to MBM 14, 15 and 16 following the Bagacay River or creek to MBM 17 following Hinalinan River or creek to MBM 18 to point A, thence;
East - Cad 127, Municipality of Sagay from point A to point B, C of Cad 149, Municipality of Calatrava, thence;
South - Cad 43, Municipality of Murcia from point C of Cad 149 going to point D, E and to MBM 1 of Cad 48, Talisay Cadastre; along MBM 1, 2, 3, 4, 5, 6 of Cad 48 following the Loygoy River to MBM 7 then going to MBM 8, 9 of Cad 48, thence;
West - Guimaras Strait from MBM 9 of Cad 48 going to points F, G, H along the Guimaras Strait.
Metes: Beginning from point
| POINT | LATITUDE | LONGITUDE |
|---|---|---|
| MBM-1 Cad 48, from Barangay Cabatangan | 1040'08.72"N | 123 06'45.65" |
| Thence to MBM-2 Cad | 48 1040'18.77" | 123 05'42.00" |
| Thence to MBM-3 Cad | 48 1040'22.31" | 123 04'09.86" |
| Thence to MBM-4 Cad | 48 1040'43.64" | 123 03'31.47" |
| Thence to MBM-5 Cad 48followingLoygoy River | 1041'15.37" | 123 02'34.96" |
| Thence MBM-7 Cad 48 | 1042'09.82" | 123 59'34.29" |
| Thence MBM-8 Cad 48 | 1042'55.06" | 123 57'21.24" |
| Thence MBM-9 Cad 48 | 1043'05.42" | 123 56'39.42" |
| followingGuimaras Strait | ||
| Thence to FfollowingGuimaras Strait | 1043'23.64" | 123 56'34.48" |
Section 3
Corporate Powers of the City. The City constitutes a political body corporate and as such is endowed with the attributes of perpetual succession and possessed of the powers which pertain to a municipal corporation, to be exercised in conformity with the provisions of this Charter. The City shall have the following corporate powers:
Section 4
General Powers of the City. 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.
Section 5
Liability for Damages. The City and its officials shall not be exempt from liability for death or injury to persons or damage to property.
Section 6
Jurisdiction of the City. The jurisdiction of the City of Talisay, for police purposes only, shall be coextensive 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 or municipal courts of the 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. 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 that fees arising therefrom shall accrue to the treasury of the said city or municipality.
ARTICLE II CITY OFFICIALS IN GENERAL
Section 7
The Officials of the City of Talisay. (a) There shall be in the City of Talisay a city mayor, a city vice mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer, a city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city zoning administrator, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city veterinarian, a city social welfare and development officer, a city general services officer and a city agriculturist.
Section 8
The City Mayor. (a) The city mayor shall be the chief executive of the City. He shall be elected at large by the qualified voters of the City.
No person shall be eligible for the position of the city mayor unless at the time of the election:
Section 9
The City Vice Mayor. (a) 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. 6578 and the implementing guidelines issued pursuant thereto, including all emoluments and allowances allowed by law.
Section 10
The Sangguniang Panlungsod. (a) The sangguniang panlungsod, the legislative body of the City, shall be composed of the city vice mayor as presiding officer, the ten (10) regular sanggunian members, the president of the city chapter of the liga ng mga barangay, the president of the panlungsod na pederasyon ng mga sangguniang kabataan and the sectoral representatives, as members.
When the finances of the city government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers and other national government officials stationed in or assigned to the City: l. Provide legal assistance to barangay officials who, in the performance of their duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and m. Provide for group insurance or additional insurance coverage for all barangay officials, including members of barangay tanod brigades and other service units, with public or private insurance companies, when the finances of the city government allow said coverage.
Section 11
Internal Rules of Procedure. (a) On the first regular session following the election of its members and within ninety (90) days thereafter, the sangguniang panlungsod shall adopt or update its existing rules of procedure.
Section 12
Full Disclosure of Financial and Business Interest of Sangguniang Panlungsod Members.
Section 13
Sessions. (a) On the first day of the session immediately following the election of its members, the sangguniang panlungsod shall, by resolution, fix the day, time and place of its 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.
Section 14
Quorum. (a) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.
Section 15
Approval of Ordinances/Resolutions. (a) Every ordinance enacted and/or resolution passed 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.
Section 16
Veto Power of the City Mayor. (a) The city mayor may veto any ordinance of the sangguniang panlungsod on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons therefor in writing.
Section 17. Review of Barangay Ordinance by the Sangguniang Panlungsod
Section 18
Enforcement of Disapproved Ordinances or Resolutions. Any attempt to enforce any ordinance or any resolution approving the local development plan and public investment program after the disapproval thereof, shall be sufficient ground for the suspension or dismissal of the official or employee concerned.
Section 19
Effectivity of Ordinances or Resolutions. (a) Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the city hall of Talisay and in at least two (2) other conspicuous places in the City of Talisay.
Section 20
Disqualifications of Elective City Officials. The following persons are disqualified from running for any elective position in the City:
Section 21. Permanent Vacancy in the Office of the City Mayor and City Vice Mayor
If a permanent vacancy occurs in the offices of the mayor or vice mayor, the highest ranking sangguniang panlungsod member or, in case of his permanent inability, the second highest ranking sangguniang panlungsod member shallipso factobecome the city mayor or the city vice mayor, as the case may be. Subsequent vacancies in the said offices shall be filled automatically by the other sanggunian members according to their ranking as defined herein.
Section 22
Permanent Vacancies in the Sanggunian. (a) Permanent vacancies in the sangguniang panlungsod where automatic succession as provided above does not apply shall be filled by appointment in the following manner:
Section 23
Temporary Vacancy in the Office of the City Mayor. (a) When the city mayor is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad and suspension from office, the city vice mayor or the highest ranking sangguniang panlungsod member shall automatically exercise the powers and perform the duties and functions of the city mayor, except the power to appoint, suspend or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days.
Section 24
City Elective Officers. (a) There shall be established in the city government of the City of Talisay the following offices for its elective officials:
Section 25
The Secretary to the Sangguniang Panlungsod. (a) 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.
Section 26
The City Treasurer. (a) The city treasurer shall be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the city mayor, subject to civil service law, rules and regulations.
Section 27
The Assistant City Treasurer. (a) The assistant city treasurer may be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the city mayor, subject to civil service law, rules and regulations.
Section 28
The City Assessor. (a) The city assessor must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce or in other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in real property assessment work or in any related field for at least five (5) years immediately preceding the date of his appointment.
Section 29
The Assistant City Assessor. (a) The assistant city assessor must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, 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.
Section 30
The City Accountant. (a) The city accountant must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, 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.
Section 31
The City Budget Officer. (a) The city budget officer must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, 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.
Section 32
The City Planning and Development Coordinator. (a) The city planning and development coordinator must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, 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.
Section 33
The City Engineer. (a) The city engineer must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, 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.
Section 34
The City Health Officer. (a) The city health officer must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of his appointment, 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.
Section 35
The City Civil Registrar. (a) The city civil registrar must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, 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.
Section 36
The City Administrator. (a) The city administrator must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, of good moral character, a holder of a college degree preferably in public administration, law 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 management and administration work for at least five (5) years immediately preceding the date of his appointment.
Section 37
The City Legal Officer. (a) The city legal officer must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, 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.
Section 38
The City Social Welfare and Development Officer. (a) The city social welfare and development officer must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, of good moral character, a duly licensed social worker or a holder of a college degree preferably in sociology 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 the practice of social work for at least five (5) years immediately preceding the date of his appointment.
Section 39
The City Environment and Natural Resources Officer. (a) The city environment and natural resources officer must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, 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 environmental and natural resources management, conservation and utilization work for at least five (5) years immediately preceding the date of his appointment.
Section 40
The City Architect. (a) The city architect must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, 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.
Section 41
The City Information Officer. (a) The city information officer must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, 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 in writing for print, television or broadcast media for at least five (5) years immediately preceding the date of his appointment.
Section 42
The City Cooperatives Officer. (a) The city cooperatives officer must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, of good moral character, a holder of a college degree preferably in business administration with special training in cooperatives or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience in cooperatives organization and management for at least five (5) years immediately preceding the date of his appointment.
Section 43
The City Population Officer. (a) The city population officer must be a citizen of the Philippines, a resident of the City of Talisay for at least (3) years on the date of appointment, of good moral character, a holder of a college degree with specialized training in population development from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience in the implementation of programs on population development or responsible parenthood for at least three (3) years immediately preceding the date of his appointment.
Section 44
The City Veterinarian. (a) The city veterinarian must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, 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.
Section 45
The City General Services Officer. (a) The city general services officer must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, of good moral character, a holder of a college degree on 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.
Section 46
The City Agriculturist. (a) The city agriculturist must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, 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 immediately preceding the date of his appointment.
Section 47
The City Zoning Administrator. (a) The city zoning administrator must be a citizen of the Philippines, a resident of the City of Talisay for at least three (3) years on the date of appointment, of good moral character, a holder of a college degree, preferably a member of the Philippine Bar or a civil engineer, or any related course from a recognized college or university. He must be a first grade civil service eligible or its equivalent and have acquired experience in related work for at least five (5) years immediately preceding his appointment.
Section 48
The City Fire Station Service. (a) There shall be established in the City at least one (1) fire station with adequate personnel, firefighting 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.
Section 49. The City Jail Service
Section 50
Municipal Ordinances Existing at the Time of the Approval of this Act. All municipal ordinances of the Municipality of Talisay existing at the time of the approval of this Act shall continue to be in force within the City of Talisay until the sangguniang panlungsod shall, by ordinance, provide otherwise.
Section 51
Suspension of Increase in Rates of Local Taxes. No increase in the rates of local taxes shall be imposed by the City of Talisay within a period of five (5) years from its acquisition of corporate existence.
Section 52
Plebiscite. The City of Talisay 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 Talisay within sixty (60) days from the approval of this Act. The expenses for such plebiscite shall be borne by the Municipality of Talisay. The Commission on Elections shall conduct and supervise such plebiscite.
Section 53
Officials of the City of Talisay. The present elective officials of the Municipality of Talisay shall continue to exercise their powers and functions until their three-year term shall have expired or until such time that a new election is held and duly elected officials shall have already qualified and assumed their offices. The appointive officials and employees of the Municipality shall likewise continue exercising their functions and duties as such and they shall be automatically absorbed by the city government of the City of Talisay.
Section 54
Succession Clause. The City of Talisay shall succeed to all the assets, properties, liabilities and obligations of the Municipality of Talisay.
Section 55
Representative District. Until otherwise provided by law, the City of Talisay shall continue to be part of the Third Congressional District of the Province of Negros Occidental.
Section 56
Applicability of Laws. The provisions of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and other laws pertaining to the Province of Negros Occidental and such laws as are applicable to cities shall govern the City of Talisay insofar as they are not inconsistent with the provisions of this Act.
Section 57
Separability Clause. If any part of this Act is declared invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective.
Section 58
Repealing Clause. All laws, decrees, rules or regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Section 59
Effectivity. This Act shall take effect upon its approval.
Approved, February 11, 1998.
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.