Thirteenth Congress Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand six.
REPUBLIC ACT No. 9387 March 10, 2007
AN ACT CONVERTING THE MUNICIPALITY OF NAVOTAS INTO A HIGHLY URBANIZED CITY TO BE KNOWN AS THE CITY OF NAVOTAS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
ARTICLE 1 GENERAL PROVISIONS
Section 1. Title
- This Act shall be known as the "Charter of the City of Navotas".
Section 2. The City of Navotas
- The Municipality of Navotas is hereby converted into a highly urbanized city to be known as the City of Navotas, hereinafter referred to as the City, which shall comprise of the present territory of the Municipality of Navotas, Metro Manila.
The foregoing provision shall be without prejudice to the resolution by appropriate agency or forum of any existing boundary dispute between the City and its adjoining local government units: Provided, That, the territorial jurisdiction of the disputed area or areas shall remain with the local government unit which has existing administrative supervision over said area or areas until the final resolution of the case.
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 power 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, expropriate private property for public use, contract and be contracted with, sue and be sued, prosecute and defend to final judgment and execution suits wherein the City is a party, and exercise all the powers as are granted to corporations and/or as hereinafter conferred.
Section 5. General Welfare Clause of the City
- The City shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare.
Within its territorial jurisdiction, the City shall ensure and support, among other things, preserve and enrich its culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.
Section 6. Liability for Damages
- Unless otherwise provided by law, the City of Navotas shall be liable for injuries or damages to persons or property arising from the act or omission of any of its officers or employees while in the performance of their official functions.
Section 7. Jurisdiction of the City
- The Jurisdiction of the City of Navotas, for police purpose 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 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 courts of the City of Navotas 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 forces of the City for the maintenance of good order and enforcement of ordinance 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 concerned and not to the City.
ARTICLE II CITY OFFICIALS IN GENERAL
Section 8. The Officials of the City of Navotas
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ARTICLE III THE CITY MAYOR AND CITY VICE MAYOR
Section 9. 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 election, he is at least twenty-three (23) years of age, a resident of the City for at least one year prior to his election and a qualified voter therein. He shall hold office for three years, unless sooner removed, and shall receive a minimum monthly compensation corresponding to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758, otherwise known as the Salary Standardization Law, and the implementing guidelines issued pursuant thereto, and such other compensation, emoluments and allowances as may be determined by law.
Section 10. The City Vice Mayor
- (a) There shall be a 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 years, unless sooner removed, and shall receive a minimum monthly compensation corresponding to Salary Grade Twenty-eight (28) as prescribed under the Salary Standardization Law and the implementing guidelines issued pursuant thereto, and such other compensation, emoluments and allowances as may be determined by law.
Section 11. 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 regular sanggunian members, the president of the city chapter of the llga ng mga barangay and the president of the panlungsod na pederasyon ng mga sangguniang kabataan, and such other members as may be provided for by law. They shall hold office for three years, unless sooner removed.
Section 12. 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 rules of procedure.
Section 13
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 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 14. 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.
Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian members present, there being a quorum, no other matter may be considered at a special session except those stated in the notice.
Section 15. 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 result.
Section 16. 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.
Section 17. 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 public welfare, stating his reasons thereof in writing.
Section 18. Review of Barangay Ordinances by the Sangguniang Panlungsod
- (a) Within ten (10) days after the 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.
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 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 and in at least two other conspicuous places in the City of Navotas.
ARTICLE VI SUCCESSION FOR ELECTIVE CITY OFFICIALS
Section 21
Permanent Vacancy in the Offices of the City Mayor and the 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 snail become the city vice mayor. If permanent vacancies occur in both the offices of the city mayor and the city vice mayor, the first and second highest ranking sangguniang panlungsod members, or in case of permanent Incapacity of one or both of them, the next highest ranking sangguniang panlungsod member or members shall become the city mayor and city vice mayor, respectively. Subsequent vacancies in the said offices shall be filled automatically by the other sanggunian members according to their ranking as defined herein.
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 number of registered voters In the City in the immediately preceding local election.
Section 22. Permanent Vacancies in the Sangguniang Panlungsod
- Permanent vacancies in the sangguniang panlungsod where automatic succession as provided above does not apply shall be filled by appointments in the following manner:
In the appointment herein mentioned, a nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non, and any appointment without such nomination and certification shall be null and void ab initio and shall be a ground for administrative action against the official responsible therefor;
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 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.
ARTICLE VII THE APPOINTIVE OFFICIALS OF THE CITY: THEIR QUALIFICATIONS, POWERS AND DUTIES
Section 24. 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 a department or office who shall be appointed by the city vice mayor with the concurrence of the majority of all sangguniang panlungsod members as provided herein.
Section 25. The City Treasurer
- (a) The city treasurer shall be appointed by the Secretary of Finance from a list of at least three ranking eligible recommendees of the city mayor, subject to civil service law, rules and regulations.
Section 26. The Assistant City Treasurer
- (a) The assistant city treasurer shall be appointed by the Secretary of Finance from a list of at least three ranking eligible recommendees of the city mayor, subject to civil service law, rules and regulations.
Section 27. The City Assessor
- (a) The city assessor must be a citizen of the Philippines, a resident of the City, 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 years immediately preceding the date of his appointment.
Section 28. The Assistant City Assessor
- (a) The assistant city assessor must be a citizen of the Philippines, a resident of the City, 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 years immediately preceding the date of his appointment.
Section 29. The City Engineer
- (a) The city engineer must be a citizen of the Philippines, a resident of the City, of good moral character and a licensed civil engineer. He must have acquired experience in the practice of his profession for at least five years immediately preceding the date of his appointment.
Section 30. The Assistant City Engineer
- (a) The assistant city engineer must be a citizen of the Philippines, a resident of the City, 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 years immediately preceding the date of his appointment.
Section 31. The City Health Officer
- (a) The city health officer must be a citizen of the Philippines, a resident of the City, of good moral character and a licensed medical practitioner. He must have acquired experience in the practice of his profession for at least five years immediately preceding the date of his appointment.
Section 32. The Assistant City Health Officer
- (a) The assistant city health officer must be a citizen of the Philippines, a resident of the City, of good moral character and a licensed medical practitioner. He must have acquired experience in the practice of his profession for at least three years immediately preceding the date of his appointment.
Section 33. The City Civil Registrar
- (a) The city civil registrar must be a citizen of the Philippines, a resident of the City, 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 years immediately preceding the date of his appointment.
Section 34. The Assistant City Civil Registrar
- (a) The assistant city civil registrar must be a citizen of the Philippines, a resident of the City, of good moral character and 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 assessment or in any related field for at least three years immediately preceding the date of his appointment.
Section 35. The City Accountant
- (a) The city accountant must be a citizen of the Philippines, a resident of the City, of good moral character and a certified public accountant. He must have acquired experience in the treasury or accounting service for at least five years immediately preceding the date of his appointment.
Section 36. The Assistant City Accountant
- (a) The assistant city accountant must be a citizen of the Philippines, a resident of the City, of good moral character and a certified public accountant. He must have acquired experience in assessment or in any related field for at least three years immediately preceding the date of his appointment.
Section 37. 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 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 years immediately preceding the date of his appointment.
Section 38. The City Budget Officer
- (a) The city budget officer must be a citizen of the Philippines, a resident of the City, 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 years immediately preceding the date of his appointment.
Section 39. The City Planning and Development Officer
- (a) The city planning and development officer must be a citizen of the Philippines, a resident of the City, 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 years immediately preceding the date of his appointment.
Section 40. The City Administrator
- (a) The city administrator must be a citizen of the Philippines, a resident of the City, 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 years immediately preceding the date of his appointment.
Section 41. The City Legal Officer
- (a) The city legal officer must be a citizen of the Philippines, a resident of the City, of good moral character and a member of the Philippine bar. He must have practiced his profession for at least five years immediately preceding the date of his appointment.
Section 42. The City General Services Officer
- (a) The city general services officer must be a citizen of the Philippines, a resident of the City, 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 years immediately preceding the date of his appointment.
Section 43. 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 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 years immediately preceding the date of his appointment.
Section 44. The City Architect
- (a) The city architect must be a citizen of the Philippines, a resident of the City, of good moral character and a duly licensed architect. He must have practiced his profession for at least five years immediately preceding the date of his appointment.
Section 45. The City Human Resource Development Officer
- (a) The city human resource development officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in psychology 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 personnel administration for at least five years immediately preceding the date of his appointment.
Section 46. The City Information Officer
- (a) The city information officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in journalism or 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 acquired experience in writing articles and research papers or writing for print, television, broadcast and other forms of mass media for at least five years immediately preceding the date of his appointment.
Section 47. The City Cooperatives Officer
- (a) The city cooperatives officer must be a citizen of the Philippines, a resident of the City, 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 acquired experience in cooperatives development for at least five years immediately preceding the date of his appointment.
Section 48. The City Population Officer
- (a) The city population officer must be a citizen of the Philippines, a resident of the City, 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 acquired experience in the implementation of programs on population development or responsible parenthood for at least five years immediately preceding the date of his appointment.
Section 49. The City Agriculturist
- (a) The city agriculturist must be a citizen of the Philippines, a resident of the City, 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 for at least five years preceding the date of his appointment.
Section 50. The City Veterinarian
- (a) The city veterinarian must be a citizen of the Philippines, a resident of the City, of good moral character and a licensed doctor of veterinary medicine. He must have practiced his profession for at least three years immediately preceding the date of his appointment.
Section 51. The City Building Official
- (a) The city building official must be a citizen of the Philippines, a resident of the City, of good moral character and a licensed engineer or a licensed architect. He must have acquired experience in the practice of his profession for at least five years.
Section 52. The City Tourism Officer
- (a) The city tourism officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably with specialized training in tourism development from a recognized college or university and a first grade civil service eligible or its equivalent. He must have acquired experience in the implementation of programs on tourism development for at least five years immediately preceding the date of his appointment.
Section 53. The City Fire Station Service
- (a) There shall be established in the City at least one fire station with adequate personnel, fire fighting facilities and equipment, subject to the standards, rules and regulations that may be promulgated by the DILG. The City shall provide the necessary land or site of the station.
Section 54. The City Jail Service
- (a) There shall be established and maintained in the City a secured, clean and adequately equipped 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.
Section 55. The Office of the City Prosecutor and Public Schools Division
- The City of Navotas shall remain within the jurisdiction of the office of the city prosecutor of Malabon City, which shall be known hence as the office of the city prosecutor of Malabon and Navotas. Likewise, the public schools division for the cities of Malabon and Navotas shall continue to administer public education in both local government units.
ARTICLE IX TRANSITORY AND FINAL PROVISIONS
Section 56. Municipal Ordinances Existing at the Time of the Approval of this Act
- All municipal ordinances of the Municipality of Navotas existing at the time of the approval of this Act shall continue to be in force and effect within the City of Navotas until the sangguniang panlungsod shall provide otherwise.
Section 57. Officials of the City of Navotas
- The present elective officials of the municipality 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 appointive officials and employees of the municipality shall likewise continue exercising their functions and duties and they shall automatically be absorbed by the city government of Navotas.
Section 58. Legislative District
- The City of Navotas shall have its own Legislative District with the first representative to be elected in the next national elections after the effectivity of this Act. Until such time, the City of Navotas shall continue to be represented by the incumbent representative in the House of Representatives.
Section 59. Suspension of Increase in Rates of Local Taxes
- No increase in the rates of local taxes shall be imposed by the City within a period of five years from its acquisition of corporate existence.
Section 60. Plebiscite
- The City of Navotas 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 Navotas within thirty (30) days from the approval of this Act. The expenses for such plebiscite shall be borne by the Municipality of Navotas. The Commission on Elections shall conduct and supervise such plebiscite.
Section 61. Applicability of Laws
- The provision of the Local Government Code of 1991, and such laws as are applicable to highly-urbanized cities shall govern the City of Navotas insofar as they are not inconsistent with the provisions of this Act.
Section 62. Separability Clause
- If any part of this Act Is declared Invalid or unconstitutional, the other parts or provisions hereof shall remain valid and effective.
Section 63. 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 Navotas and any of the adjoining local government units even after the effectivity of this Act.
Section 64. 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 65. Effectivity
- This Act shall take effect upon its complete publication in at least two newspapers of general circulation.
Approved,
| JOSE DE VENECIA JR. Speaker of the House of Representatives | MANNY VILLAR President of the Senate |
This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on December 19, 2006 and November 14, 2006, respectively.
| ROBERTO P. NAZARENO Secretary General House of Representatives | OSCAR G. YABES Secretary of Senate |
Approved:
GLORIA MACAPAGAL-ARROYO President of the Philippines
Lapsed into law on MAR 10 2007 without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constitution.
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.