Eleventh Congress
[ REPUBLIC ACT NO. 8803, August 16, 2000 ]
AN ACT CONVERTING THE MUNICIPALITY OF KORONADAL, SOUTH COTABATO PROVINCE, INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF KORONADAL
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 Koronadal."
Section 2
City of Koronadal. The Municipality of Koronadal shall be converted into a component city to be known as City of Koronadal, herein referred to as the City which shall comprise of the present territory of the Municipality of Koronadal, South Cotabato Province. The territorial jurisdiction of the City shall be within the present metes and bounds of the Municipality of Koronadal, as follows:
Bounded on the South-East along lines 1-9 by Municipality of Tampakan, along lines 9-11 by Municipality of Tupi; On the South-West along lines 11-13 by Municipality of Banga; On the North-West along lines 13-14 by Municipality of Tantangan; On the North along lines 14-18 by Municipalities of Lutayan and Columbio, Province of Sultan Kudarat; On the Southeast along lines 18 to the point of beginning by the municipalities of Columbio and Tampakan.
Beginning at a point marked "1" on plan to the junction of Taplan River and watershed line;
Thence Westerly along Taplan River to point 2 (equivalent toMBM6ofCad-l094-D);
Thence Southeast direction to point 3 (equivalent to MBM 5ofCad-l094-D);
Thence Southwest direction to point 4 (equivalent to MBM 4ofCad-l094-D);
Thence Southeast direction to point 5 (equivalent to MBM 3 of Cad-l094-D);
Thence Southwest direction to point 6 (equivalent to MBM 2 of Cad-l094-D);
Thence Southwest direction to point 7 (equivalent to MBM 1 of Cad-l094-D);
Thence Southwesterly direction to point 8 (junction of Palian River and Marbel River);
Thence Southeasterly direction along Palian River to point 9 (junction of Palian River and Kipalbig River);
Thence Southerly direction to point 10 (junction of Palian River and a creek);
Thence Southwesterly direction along Palian River to its source and Gally to point 11 (Milas Peak);
Thence Northwesterly direction along the boundary of the Municipality of Banga and Municipality of Koronadal as per E.O. No. 612 to point 12 (intersection point of Sarcon Creek and the boundary of San Vicente, Banga and Paraiso, Koronadal);
Thence Northwesterly direction along the barangay boundaries of San Vicente and Malaya, Banga as per E.O. No. 612 to point 13 (intersection point of Municipality of Tantangan and Municipality of Lutayan);
Thence Northeasterly direction along the barangay boundaries of San Felipe and New Lambunao, Tantangan, South Cotabato to point 14 (intersection point of Municipality of Tantangan, South Cotabato and Municipality of Lutayan, Sultan Kudarat);
Thence Easterly direction along the boundary of Municipality of Lutayan as per R.A. No. 4864 to point 15 (peak, elevation 782);
Thence Southeasterly direction along the watershed line to point 16 (peak, elevation 840);
Thence Southeasterly direction along the watershed line to point 17 (peak, elevation 874);
Thence South last direction straight line from peak 874 to peak 866 to point 18 (intersection of Balisan River and straight line from peak 874 to peak 866);
Thence Southerly direction along Balisan River to point 19 (equivalent of MBM 9 of Cad-l094-D);
Thence Southwesterly direction along the watershed line to point of beginning;
Containing an area of twenty-seven thousand seven hundred (27,700) hectares more or less.
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 Koronadal and the adjoining local government units.
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 pertains to a municipal corporation to be exercised in conformity with the provision of this Charter. The City shall have the following corporate powers:
a. To have a continuous succession in its corporate name; b. To sue and be sued; c. To have and use a corporate seal; d. To acquire, hold and convey real or personal property; e. To enter into any contracts and/or agreements; and f. To exercise such other powers, prerogatives or authority subject to the limitations provided in this Act or laws.
Section 4
General Powers. The City shall have a common seal and may alter the same at pleasure. It shall exercise the powers to levy taxes; 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 appropriate 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 granted.
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 Koronadal, for police purposes only, 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 (100) meters of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the city water service.
The regional trial courts and the city courts of the City of Koronadal shall have concurrent jurisdiction with the regional trial courts and the metropolitan trial courts or city or municipal trial courts of the adjoining municipalities to try crimes and misdemeanor committed within the said drainage area, or within said space of one hundred (100) meters. The court first taking jurisdiction of such offense shall thereafter retain exclusive jurisdiction thereof. 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.
ARTICLE II CITY OFFICIALS IN GENERAL
Section 7. The Officials of the City of Koronadal
a. There shall be in the City: a city mayor, a city vice mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer and an assistant city treasurer, a city assessor and an assistant city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city social welfare and development officer, a city veterinarian, a city general services officer, a city agriculturist, a city cooperatives officer, and a city environmental and natural resources officer; b. In addition thereto, the city mayor may appoint a city architect, a city information officer, and a city population officer; c. The City shall establish a city fire station to be headed by a city fire marshal, a city jail to be headed by a city jail warden, a city school division to be headed by a city school division superintendent, and a city prosecution service to be headed by a city prosecutor; and d. The City may:
ARTICLE III THE CITY MAYOR AND VICE MAYOR
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 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. 6758 and the implementing guidelines issued pursuant thereto. b. The city vice mayor shall exercise the following duties:
Section 10
The Sangguniang Panlungsod. The sangguniang panlungsod, the legislative body of the City, shall be composed of the city vice mayor as presiding officer, 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.
A. 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 or disabled persons. B. 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 qualifications as provided under Section 39 of Republic Act No. 7160. C. They shall receive such compensation, emoluments and allowances as may be determined by law. D. The sangguniang panlungsod shall:
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 city and barangay officials including the members of the city police who, in the performance of their official duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal actions. The sangguniang panlungsod may authorize the city mayor to engage the services of private counsel for this purpose; and m. Provide for group insurance or additional insurance coverage for all officials, including members of barangay tanod brigades and other service units, with public or private insurance companies, when the finances of the city government allows 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. b. The rules of procedure shall provide for the following:
Section 12
Full Disclosure of Financial and Business Interests of Sangguniang Panlungsod Members.
a. Every sangguniang panlungsod member shall, upon assumption to office, make a full disclosure of his business and financial interests. 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 interests. Such relationship shall include:
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 sessions. The minimum number of regular sessions shall be once a week for the sangguniang panlungsod and twice a month for the sangguniang barangay. b. When the public interest so demands, special sessions may be called by the city mayor or by a majority of the members of the sanggunian. c. 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. d. In the case of special sessions of the sanggunian, a written notice to the members shall be served personally at the members' usual place of residence at least twenty-four (24) hours before the special session is held. Unless otherwise 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. e. The sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of the sangguniang panlungsod.
Section 14
Quorum.
a. A majority of all the members of the sanggunian who have been elected and qualified shall constitutea quorumto 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. b. 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 sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the City of Koronadal, to arrest the absent member and present him at the session. c. 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.
Section 15
Approval of Ordinances.
a. 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. b. 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.
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 isultra viresor prejudicial to the public welfare, stating his reasons thereof in writing. b. 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, any public investment program or an ordinance directing the payment of money or creating liability. In such 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 enacted. c. 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.
Section 17
Review of City Ordinances by the Sangguniang Panlalawigan.
a. Within three (3) days after approval, the secretary to the sangguniang panlungsod shall forward to the sangguniang panlalawigan for review, copies of approved ordinances and the resolutions approving the local development plans and public investment programs formulated by the local development councils. b. Within thirty (30) days after receipt of copies of such ordinances and resolutions, the sangguniang panlalawigan shall examine the documents or transmit them to the provincial attorney or the provincial prosecutor for prompt examination. The provincial attorney or the provincial prosecutor shall, within a period often (10) days from receipt of the documents, inform the sangguniang panlalawigan in writing of his comments or recommendations, which may be considered by the sangguniang panlalawigan in making its decision. c. If the sangguniang panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon the sangguniang panlungsod concerned, it shall declare such ordinance or resolution invalid in whole or in part. The sangguniang panlalawigan shall enter its action in the minutes and shall advise the corresponding city authorities of the action it has taken. d. If no action has been taken by the sangguniang panlalawigan within thirty (30) days after submission of such an ordinance or resolution, the same shall be presumed consistent with law and therefore valid.
Section 18
Review of Barangay Ordinances by the Sangguniang Panlungsod.
a. 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. b. If the sangguniang panlungsod fails to take action on barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved. c. 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.
Section 19
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 20
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 Koronadal, and in at least two (2) other conspicuous places in the City of Koronadal. b. 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 Koronadal, and in at least two (2) conspicuous places in the City of Koronadal not later than five (5) days after approval thereof. The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the language or dialect, understood by the majority of the people in the City and the secretary of the sangguniang panlungsod shall record such fact in a book kept for the purpose, stating the dates of approval and posting. c. 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. ARTICLE VI DISQUALIFICATIONS AND SUCCESSIO FOR ELECTIVE CITY OFFICIALS
Section 21
Disqualifications for Elective City Officials. The following persons are not qualified from running for any elective position in the City:
a. Those sentenced by final judgment for an offense involving moral turpitude or an offense punishable by one (1) year or more of imprisonment within two (2) years after serving sentence; b. Those removed from office as a result of an administrative case; c. Those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines; d. Those with dual citizenship; e. Fugitives from justice in criminal or nonpolitical cases here and abroad; f. Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Local Government Code of 1991;and g. The insane or feeble-minded.
Section 22
Permanent Vacancy in the Office of the City Mayor and City Vice Mayor.
a. If a permanent vacancy occurs in the office of the city mayor, the city vice mayor concerned shall become the city mayor. If a permanent vacancy occurs in the office of the city vice mayor, the highest ranking sangguniang panlungsod member or, in case of his permanent incapacity, the second highest ranking sangguniang panlungsod member shall become the city mayor or city vice mayor, as the case may be. Subsequent vacancies in said offices shall be filled automatically by the other sanggunian members according to their ranking as defined herein. b. A tie between or among the highest ranking sangguniang panlungsod members shall be resolved by drawing of lots. c. The successors as defined herein shall serve only the unexpired terms of their predecessors. For purposes of this Act, a permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns or is otherwise permanently incapacitated to discharge the functions of his office.
For purposes of succession as provided in this Act, ranking in the sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in the City in the immediately preceding local election.
Section 23
Permanent Vacancies in the Sanggunian.
a. Permanent vacancies in the sangguniang panlungsod where automatic succession as provided above does not apply shall be filled by appointments in the following manner:
Section 24
Temporary Vacancy in the Office of the City Mayor.
a. When the city mayor is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad and suspension from office, the city vice mayor or the highest ranking sangguniang panlungsod member, shall automatically exercise the powers and perform the duties and functions of the city mayor, except the power to appoint, suspend or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days. b. Said temporary incapacity shall terminate upon submission to the sangguniang panlungsod of a written declaration by the city mayor that he has reported back to office. In case where the temporary incapacity is due to legal cause, the city mayor shall also submit necessary documents showing the said legal cause no longer exists. c. When the city mayor is traveling within the country but outside territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the officer-in- charge of his office. Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the city mayor except the power to appoint, suspend or dismiss employees. d. In the event, however, that the city mayor fails or refuses to issue such authorization, the city vice mayor or the highest ranking sangguniang panlungsod member, shall have the right to assume the powers, duties and functions of the said office on the fourth day of absence of the city mayor, subject to the limitations provided in subsection (c) hereof. e. Except as provided above, the city mayor shall in no case authorize any local official to assume the powers, duties and functions of the office, other than the city vice mayor or the highest ranking sangguniang panlungsod member, as the case may be. ARTICLE VII THE APPOINTIVE OFFICIALS OF THE CITY: THEIR QUALIFICATIONS, POWERS AND DUTIES
Section 25
The Secretary of the Sangguniang Panlungsod.
a. There shall be a secretary of the sangguniang panlungsod who shall be a career official with the rank and salary equal to a head of a department or office. b. No person shall be appointed secretary to the sangguniang panlungsod unless he is a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, a holder of a master's degree preferably in law, commerce or public administration from a recognized college or university, and a first grade civil service eligible or its equivalent. c. The secretary of the sangguniang panlungsod shall receive such compensation, emoluments and allowances as may be determined by law. d. The secretary to the sangguniang panlungsod shall take charge of the office of the sangguniang panlungsod, and shall:
Section 26. The City Treasurer
a. The city treasurer shall be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the city mayor, subject to the civil service law, rules and regulations. b. The city treasurer shall be under the administrative supervision of the city mayor, to whom he shall report regularly on the tax collection efforts of the City. c. No person shall be appointed treasurer unless he is a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, a holder of a college degree in commerce, public administration or law from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in treasury or accounting service for at least five (5) years. d. The city treasurer shall receive such compensation, emoluments and allowances as may be determined by law. e. The city treasurer shall take charge of the city treasury office, and shall:
Section 27. The Assistant City Treasurer
a. The assistant city treasurer may be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the city mayor, subject to civil service law, rules and regulations. b. No person shall be appointed assistant city treasurer unless he is a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, a holder of a college degree preferably in commerce, public administration or law from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired at least three (3) years experience in treasury or accounting. c. The assistant city treasurer shall receive such compensation, emoluments and allowances as maybe determined by law. d. The assistant city treasurer shall assist the city treasurer and perform such other duties as the latter may assign him. He shall have authority to administer oaths concerning notices and notifications to those delinquent in the payment of the real property tax and concerning official matters relating to the accounts of the city treasurer or otherwise arising from the offices of the city treasurer and the city assessor.
Section 28. The City Assessor
a. The city assessor must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce, or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in real property assessment work or in any related field for at least five (5) years immediately preceding the date of his appointment. b. The city assessor shall receive such compensation, emoluments and allowances as may be determined by law. c. The city assessor shall take charge of the city assessor's office, and shall:
Section 29. The Assistant City Assessor
a. The assistant city assessor must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in assessment or in any related field for at least three (3) years immediately preceding the date of his appointment. b. The assistant city assessor shall receive such compensation, emoluments and allowances as maybe determined by law. c. The assistant city assessor shall assist the city assessor and perform such other duties as the latter may assign to him. He shall have the authority to administer oaths and all declarations of real property for purposes of assessment.
Section 30. The City Accountant
a. The city accountant must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, and a certified public accountant. He must have acquired experience in the treasury or accounting service for at least five (5) years immediately preceding the date of his appointment. b. The city accountant shall receive such compensation, emoluments and allowances as may be determined by law. c. The city accountant shall take charge of both the office of the accounting and internal audit services, and shall:
Section 31. The City Budget Officer
a. The city budget officer must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, a holder of a college degree preferably in accounting, economics, public administration, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in government budgeting or in any related field for at least five (5) years immediately preceding the date of his appointment. b. The city budget officer shall receive such compensation, emoluments and allowances as may be determined by law. c. The city budget officer shall take charge of the city budget office, and shall:
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 Koronadal, of good moral character, a holder of a college degree preferably in urban planning, development studies, economics, public administration, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in development planning or in any related field for at least five (5) years immediately preceding the date of his appointment. b. The city planning and development coordinator shall receive such compensation, emoluments and allowances as may be determined by law. c. The city planning and development coordinator shall take charge of the city planning and development coordinating office, and shall:
Section 33. The City Engineer
a. The city engineer must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character and a licensed civil engineer. He must have acquired experience in the practice of his profession for at least five (5) years immediately preceding the date of his appointment. b. The city engineer shall receive such compensation, emoluments and allowances as may be determined by law. c. The city engineer shall take charge of the city engineering office, and shall:
Section 34. The City Health Officer
A. The city health officer must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, and a licensed medical practitioner. He must have acquired experience in the practice of his profession for at least five (5) years immediately preceding the date of his appointment. B. The city health officer shall receive such compensation, emoluments and allowances as may be determined by law. C. The city health officer shall take charge of the office of the city health services, and shall:
Section 35. The City Civil Registrar
A. The city civil registrar must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, a holder of a college degree from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in civil registry work for at least five (5) years immediately preceding the date of his appointment. B. The city civil registrar shall receive such compensation, emoluments and allowances as may be determined by law. C. The city civil registrar shall be responsible for the civil registration program in the City of Koronadal, pursuant to the Civil Registry Law, the Civil Code, and other pertinent laws, rules and regulations issued to implement them. D. The city civil registrar shall take charge of the office of the city civil registry, and shall:
Section 36. The City Administrator
A. The city administrator must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, a holder of a college degree preferably in public administration, law, or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in management and administrative work for at least five (5) years immediately preceding the date of his appointment. B. The term of the city administrator is coterminous with that of his appointing authority. C. The city administrator shall serve as a career official of the City and shall receive such compensation, emoluments and allowances as may be determined by law. D. The city administrator shall take charge of the city administrator's office, and shall:
Section 37. The City Legal Officer
A. The city legal officer must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, and a member of the Philippine Bar. He must have practiced his profession for at least five (5) years immediately preceding the date of his appointment. B. The term of the city legal officer shall be coterminous with that of his appointing authority. C. The city legal officer shall receive such compensation, emoluments and allowances as may be determined by law. D. The city legal officer, the chief legal counsel of the City, shall take charge of the office of the city legal service, and shall:
When required by the city mayor or sanggunian, draft ordinances, contracts, bonds, leases and other instruments involving any interest of the City and provide comments and recommendations on any instruments already drawn; c. Render his opinion in writing on any question of law when requested to do so by the city mayor or sanggunian; d. Investigate or cause to be investigated any local official or employee for administrative neglect or misconduct in office and recommend the appropriate action to the city mayor or sanggunian, as the case may be; e.
When directed by the city mayor or sanggunian, initiate and prosecute, in the interest of the City, any civil action on any bond, lease or other contract upon any breach or violation thereof; and f. Review and submit recommendations on ordinances approved and executive orders issued by component units;
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 Koronadal, of good moral character, a duly licensed social worker or a holder of a college degree preferably in sociology, or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in the practice of social work for at least five (5) years immediately preceding the date of his appointment. b. The city social welfare and development officer shall receive such compensation, emoluments and allowances as may be determined by law. c. The city social welfare and development officer shall take charge of the office of social welfare and development, and shall:
Section 39. The City Veterinarian
A. The city veterinarian must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, and a licensed doctor of veterinary medicine. He must have practiced his profession for at least three (3) years immediately preceding the date of his appointment. B. The city veterinarian shall receive such compensation, emoluments and allowances as may be determined by law. C. The city veterinarian shall take charge of the office of veterinary services, and shall:
Section 40. The City General Services Officer
A. The city general services officer must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, a holder of a college degree in public administration, business administration or management from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in general services, including management of supply, solid waste disposal and general sanitation for at least five (5) years immediately preceding the date of his appointment. B. The city general services officer shall receive such compensation, emoluments and allowances as maybe determined by law. C. The city general services officer shall take charge of the office of the general services, and shall:
Section 41. The City Environment and Natural Resources Officer
A. The city environment and natural resources officer must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, a holder of a college degree preferably in environment, forestry, agriculture or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in the environment and natural resources management, conservation and utilization work for at least five (5) years immediately preceding the date of his appointment. B. The city environment and natural resources officer shall receive such compensation, emoluments and allowances as may be determined by law. C. The city environment and natural resources officer shall take charge of the office of the environment and natural resources, and shall:
Section 42. The City Architect
A. The city architect must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, and a duly licensed architect. He must have practiced his profession for at least five (5) years immediately preceding the date of his appointment. B. The city architect shall receive such compensation, emoluments and allowances as may be determined by law. C. The city architect shall take charge of the office on the architectural planning and design, and shall:
Section 43. The City Information Officer
A. The city information officer must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, a holder of a college degree preferably in journalism, mass communications, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience in writing articles and research papers, or writing for print, television or broadcast media for at least five (5) years immediately preceding the date of his appointment. B. The city information officer shall receive such compensation, emoluments and allowances as maybe determined by law. C. The city information officer shall take charge of the office on public information, and shall:
Section 44. The City Cooperatives Officer
A. The city cooperatives officer must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, a holder of a college degree preferably in business administration with special training on cooperatives or any related course from a recognized college or university and a first grade civil service eligible or its equivalent. He must have experience on cooperatives development for at least five (5) years immediately preceding the date of his appointment. B. The city cooperatives officer shall receive such compensation, emoluments and allowances as maybe determined by law. C. The city cooperatives officer shall take charge of the office for the development of cooperatives, and shall:
Section 45. The City Population Officer
A. The city population officer must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, a holder of a college degree preferably with specialized training in population development from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience in the implementation of programs on population development or responsible parenthood for at least five (5) years immediately preceding the date of his appointment. B. The city population officer shall receive such compensation, emoluments and allowances as maybe determined by law. C. The city population officer shall take charge of the office of the population development, and shall:
Section 46. The City Agriculturist
A. The city agriculturist must be a citizen of the Philippines, a resident of the City of Koronadal, of good moral character, a holder of a college degree preferably in agriculture or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have practiced his profession in agriculture or acquired the experience in a related field for at least five (5) years immediately preceding the date of his appointment. B. The city agriculturist shall receive such compensation, emoluments and allowances as may be determined by law. The city agriculturist shall take charge of the office for the agricultural services, and shall:
Section 47. The City Fire Station Service
a. There shall be established in the City at least one (1) fire station with adequate personnel, fire fighting facilities and equipment, subject to the standards, rules and regulations that may be promulgated by the Department of the Interior and Local Government. The City shall provide the necessary land or site of the station. b. The city fire station service shall be headed by a city fire marshal whose qualifications shall be as those provided for under Republic Act No. 6975, otherwise known as the Philippine National Police Law. c. The city fire station shall be responsible for the protection and various emergency services such as rescue and evacuation of injured people at fire-related incidents and, in general fire prevention and suppression measures to secure the safety of life and property of the citizenry.
Section 48. The City Jail Service
a. There shall be established and maintained in the City a secured, clean, adequately equipped and sanitary jail for the custody and safekeeping of prisoners, any fugitive from justice, or person detained awaiting investigation or trial and/or transfer to the national penitentiary, and/or violent mentally ill person who endangers himself or the safety of others, duly certified as such by the proper medical health officer, pending the transfer to a mental institution. b. The city jail service shall be headed by a city jail warden who must be a graduate of a four (4) year course in psychology, psychiatry, sociology, nursing, social work or criminology who shall assist in the immediate rehabilitation of individuals or detention of prisoners. Great care must be exercised so that human rights of these prisoners are respected and protected, and their spiritual and physical well-being are properly and promptly attended to.
Section 49. The City School Division
a. The Department of' Education, Culture and Sports shall establish and maintain a school division of the City of Koronadal whose area of jurisdiction will cover all the school districts within the City; and b. The city school division shall be headed by a division superintendent who must possess the necessary qualifications required by the Department of Education, Culture and Sports.
Section 50. The City Prosecution Service
a. There shall be established in the City a prosecution service to be headed by a city prosecutor and such number of assistant prosecutors as may be necessary, who shall be organizationally part of the Department of Justice, and under the supervision and control of the Secretary of Justice and whose qualifications, manner of appointment, rank, salary and benefits shall be governed by existing laws covering prosecutors in the Department of Justice. b. The city prosecutor shall handle the criminal prosecution in the municipal trial courts in the City as well as in the regional trial courts for criminal cases originating in the territory of the City, and shall render to or for the City such services as are required by law, ordinance or regulation of the Department of Justice. c. The Secretary of Justice shall always assure the adequacy and quality of prosecution service in the City and for this purpose, shall, in the absence or lack or insufficiency in number of city assistant prosecutors as provided hereinabove, designate from among the assistant provincial prosecutors a sufficient number to perform and discharge the functions of the city prosecution service as provided hereinabove. ARTICLE IX TRANSITORY AND FINAL PROVISIONS
Section 51. Municipal Ordinances Existing at the Time of the Approval of this Act
All municipal ordinances of the Municipality of Koronadal existing at the time of the approval of this Act shall continue to be in force within the City of Koronadal until the sangguniang panlungsod ordinance shall provide otherwise.
Section 52. Plebiscite
The City of Koronadal 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 Koronadal within sixty (60) days from the approval of this Act. The expenses for such plebiscite shall be borne by the Municipality of Koronadal. The Commission on Elections shall conduct and supervise such plebiscite.
Section 53. Officials of the City of Koronadal
The present elective officials of the Municipality of Koronadal shall continue to exercise their powers and functions until such a time that a new election is held and the duly-elected officials shall have already qualified and assumed their offices. The appointive officials and employees of the Municipality of Koronadal shall likewise continue exercising their functions and duties and they shall be automatically absorbed by the City Government of Koronadal.
Section 54. Succession Clause
The City of Koronadal shall succeed to all the assets, properties, liabilities and obligations of the Municipality of Koronadal.
Section 55
Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province of South Cotabato. The qualified voters of the City of Koronadal shall qualify to vote and run for any elective position in the elections for provincial governor, provincial vice governor, sangguniang panlalawigan members and other elective offices for the Province of South Cotabato.
Section 56. Jurisdiction of the Province of South Cotabato
The City of Koronadal shall, unless otherwise provided by law, continue to be under the jurisdiction of South Cotabato Province.
Section 57. Suspension of Increase in Rates of Local Taxes
No increase in the rates of local taxes shall be imposed by the City within the period of five (5) years from its acquisition of corporate existence.
Section 58. Representative District
Until otherwise provided by law, the City of Koronadal shall continue to be a part of the Second Congressional District of South Cotabato Province.
Section 59. Applicability of Laws
The provisions of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and such laws as are applicable to component cities shall govern the City of Koronadal insofar as they are not inconsistent with the provisions of this Act.
Section 60
Separability Clause. If any part of this Act is declared invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective.
Section 61. Reservation
Nothing herein contained shall preclude the determination by the appropriate agency or forum of boundary disputes or cases involving questions of territorial jurisdiction between the City of Koronadal and any of the adjoining local government units even after the effectivity of this Act.
Section 62
Repealing Clause. All laws, decrees, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.
Section 63
Effectivity. This Act shall take effect upon its publication in at least two (2) newspapers of general and local circulation.
Approved,
| (Sgd.) FRANKLIN M. DRILON President of Senate | (Sgd.) MANUEL B. VILLAR JR. Speaker of the House of Representatives |
This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on May 30, 2000 and May 22, 2000, respectively.
OSCAR G. YABES
Secretary of Senate
ROBERTO P. NAZARENO
Secretary General House of Representatives
Approved: August 16, 2000.
JOSEPH E. ESTRADA
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.