Republic Act No. 9723: Charter of the City of Dasmariñas

Fourteenth Congress Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

REPUBLIC ACT No. 9723 October 15, 2009

AN ACT CONVERTING THE MUNICIPALITY OF DASMARIÑAS IN THE PROVINCE OF CAVITE INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF DASMARIÑAS

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 Dasmariñas".

Section 2. The City of Dasmariñas

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

Bounded on the North, along line 1-19 by the Municipality of Imus;

Bounded on the East, along line 19-35 by the Municipality of San Pedro, Laguna; along line 35-166 by the Embarcadero River (adjacent to Municipality of Carmona);

Bounded on the South, along line 166-188 by the Municipality of Silang, Cavite;

Bounded on the West, along line 188-320 by the Ylang-Ylang River (adjacent to Municipality of General Trias);

Bounded on the North, along line 320 to the point of beginning.

Beginning from:

| LINE | BEARING | DISTANCE |

| --- | --- | --- |

| 1-2 2-3 3-4 4-5 5-6 6-7 7-8 8-9 9-10 10-11 11-12 12-13 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 23-24 24-25 25-26 26-27 27-28 28-29 29-30 30-31 31-32 32-33 33-34 34-35 35-36 36-37 37-38 38-39 39-40 40-41 41-42 42-43 43-44 44-45 45-46 46-47 47-48 48-49 49-50 50-51 51-52 52-53 53-54 54-55 55-56 56-57 57-58 58-59 59-60 60-61 61-62 62-63 63-64 65-66 66-67 67-68 68-69 69-70 70-71 71-72 72-73 73-74 74-75 75-76 76-77 77-78 78-79 79-80 80-81 81-82 82-83 83-84 84-85 85-86 86-87 87-88 88-89 89-90 90-91 91-92 92-93 93-94 94-95 95-96 96-97 97-98 98-99 99-100 100-101 101-102 102-103 103-104 104-105 105-106 106-107 107-108 108-109 109-110 110-111 111-112 112-113 113-114 114-115 115-116 116-117 117-118 118-119 119-120 120-121 121-122 122-123 123-124 124-125 125-126 126-127 127-128 128-129 129-130 130-131 131-132 132-133 133-134 134-135 135-136 136-137 137-138 138-139 139-140 140-141 141-142 142-143 143-144 144-145 145-146 146-147 148-149 149-150 150-151 151-152 152-153 153-154 154-155 155-156 156-157 157-158 158-159 159-160 160-161 161-162 162-163 163-164 164-165 165-166 166-167 167-168 168-169 169-170 170-171 171-172 172-173 173-174 174-175 175-176 176-177 177-178 178-179 179-180 180-181 181-182 182-183 183-184 184-185 185-186 186-187 187-188 188-189 189-190 190-191 191-192 192-193 193-194 194-195 195-196 196-197 197-198 198-199 199-200 200-201 201-202 202-203 203-204 204-205 205-206 206-207 207-208 208-209 209-210 210-211 211-212 212-213 213-214 214-215 215-216 216-217 217-218 218-219 219-220 220-221 221-222 222-223 223-224 224-225 225-226 226-227 227-228 228-229 229-230 230-231 231-232 232-233 233-234 234-235 235-236 236-237 237-238 238-239 239-240 240-241 241-242 242-243 243-244 244-245 245-246 246-247 247-248 24S-249 249-250 250-251 251-252 252-253 253-254 254-255 255-256 256-257 257-258 258-259 259-260 260-261 261-262 262-263 263-264 264-265 265-266 266-267 267-26S 268-269 269-270 270-271 271-272 272-273 273-274 274-275 275-276 276-277 277-278 278-279 279-280 280-281 281-282 282-283 283-284 284-285 285-286 286-287 287-288 288-289 289-290 290-291 291-292 292-293 293-294 294-295 295-296 296-297 297-298 298-299 299-300 300-301 301-302 302-303 303-304 304-305 305-306 306-307 307-308 308-309 309-310 310-311 311-312 312-313 313-314 314-315 315-316 316-317 317-318 318-319 319-320 320- 1 | S. 85Â 58' E. S. 84Â 51' E. S. 78Â 35' E. S. 70Â 18' E. N. 78Â 25' E. S. 07Â 39' E. N. 79Â 06' E. S. 70Â 11' E. N. 56Â 57' E. N. 42Â 21' W. N. 15Â 41' W. N. 26Â 14' W. N. 00Â 05' E. N. 60Â 12' W. N. 66Â 39' E. S. 58Â 40' E. N. 50Â 39' E. N. 89Â 50' E. S. 12Â 07' E. S. 01Â 49' E. S. 26Â 14' W. S. 57Â 56' E. S. 59Â 33' E. S. 60Â 49' E. S. 27Â 43' W. S. 07Â 20' W. S. 21Â 16' W. S. 23Â 33' W. S. 10Â 50' E. S. 18Â 40' W. S. 59Â 31' E. S. 59Â 42' E. S. 33Â 04' E. S. 61Â 28' E. S. 20Â 21' E. S. 55Â 29' W. S. 22Â 25' W. S. 47Â 35' W. S. 20Â 29' W. S. 32Â 41' W. S. 67Â 10' W. S. 03Â 06' E. S. 47Â 43' W. S. 21Â 07' W. S. 77Â 38' W. S. 00Â 16' E. S. 03Â 21' E. S. 48Â 20' W. S. 84Â 31' W. S. 23Â 09' W. S. 60Â 49' W. S. 49Â 07' W. S. 01Â 36' W. S. 14Â 34' W. S. 27Â 33' E. S. 09Â 15' W. S. 58Â 44' W. S. 02Â 29' E. S. 25Â 58' W. S. 69Â 40' W. N. 79Â 35' W. S. 28Â 23' W. S. 38Â 25' W. S. 60Â 14' E. S. 38Â 01' W. S. 23Â 52' E. S. 31Â 44' W. S. 25Â 29' E. S. 29Â 09' W. S. 16Â 50' W. S. 30Â 43' W. S. 06Â 22' E. S. 47Â 28' E. S. 07Â 27' E. S. 64Â 36' W. N. 80Â 28' W. S. 62Â 46' W. S. 21Â 23' E. S. 68Â 19' E. S. 08Â 55' E. S. 06Â 00' E. S. 27Â 25' W. S. 41Â 12' W. S. 14Â 46' E. S. 05Â 42' E. S. 28Â 24' W. S. 74Â 03' E. S. 05Â 39' E. S. 18Â 55' W. S. 45Â 23' E. S. 34Â 07' W. N. 61Â 39' W. S. 86Â 44' W. S. 15Â 03' W. S. 15Â 52' W. S. 28Â 05' W. S. 88Â 33' W. S. 31Â 18' W. S. 50Â 35' E. S. 11Â 01' W. S. 10Â 05' E. S. 79Â 54' W. S. 47Â 36' E. S. 29Â 12' W. S. 08Â 20' E. N. 89Â 14' W. S. 29Â 18' W. S. 47Â 23' W. N. 35Â 04' W. S. 39Â 06' W. S. 11Â 44' E. S. 66Â 55' W. S. 52Â 39' W. S. 07Â 43' E. N. 72Â 12' E. S. 37Â 55' E. S. 57Â 07' W. S. 10Â 14' W. S. 00Â 13' E. S. 78Â 15' W. S. 12Â 57' W. S. 76Â 05' W. S. 36Â 18' W. S. 43Â 53' E. S. 00Â 48' W. N. 82Â 43' W. S. 29Â 49' E. S. 76Â 20' W. S. 15Â 56' W. S. 04Â 29' E. N. 72Â 57' E. S. 44Â 48' E. S. 08Â 47' E. S. 61Â 18' W. S. 04Â 40' E. S. 68Â 12' E. S. 13Â 56' E. S. 07Â 19' W. S. 33Â 14' E. S. 17Â 33' E. S. 74Â 51' E. S. 18Â 05' E. S. 59Â 45' E. S. 19Â 29' E. S. 33Â 31' W. S. 50Â 00' E. S. 34Â 57' W. S. 27Â 59' E. S. 02Â 09' W. S. 75Â 37' E. S. 50Â 20' E. s. 40Â 04' E. S. 16Â 28' E. S. 25Â 58' W. N. 54Â 24' W. S. 78Â 38' W. S. 46Â 56' W. S. 11Â 52' W. S. 75Â 45' E. S. 11Â 15' W. S. 17Â 25' W. S. 29Â 40' W. N. 88Â 18' W. S. 87Â 29' W. S. 87Â 31' W. S. 87Â 33' W. S. 87Â 19' W. N. 78Â 22 W. N. 77Â 4l' W. N. 76Â 47' W. N. 77Â 31' W. N. 77Â 20' W. S. 89Â 36' W. S. 89Â 48' W. S. 66Â 43' W. S. 63Â 11' W. S. 46Â 31' W. S. 46Â 31' W. S. 46Â 39' W. S. 46Â 47' W. S. 45Â 06' W. S. 45Â 08' W. S. 45Â 12' W. S. 45Â 02' W. N. 63Â 42' W. N. 39Â 05' W. N. 17Â 40' W. N. 36Â 43' W. N. 34Â 32' W. N. 10Â 33' W. N. 24Â 36' W. N. 02Â 12' E. N. 29Â 46' W. N. 76Â 39' W. N. 28Â 41' W. N. 11Â 27' W. N. 65Â 24' W. N. 02Â 38' E. N. 11Â 06' E. N. 22Â 01' E. N. 24Â 36' E. N. 54Â 20' W. N. 39Â 01' W. N. 34Â 25' W. N. 66Â 54' W. N. 40Â 49' W. N. 18Â 03' E. N. 04Â 41' E. N. 35Â 37' E. N. 41Â 46' W. N. 03Â 53' W. N. 35Â 31' W. N. 10Â 11' W. N. 02Â 23' W. N. 35Â 35' W. N. 12Â 34' W. N. 47Â 18' E. N. 17Â 22' W. N. 38Â 25' W. N. 83Â 57' W. N. 02Â 39' W. N. 06Â 09' E. N. 10Â 51' W. N. 12Â 43' E. N. 12Â 30' E. N. 59Â 52' E. N. 13Â 36' E. N. 23Â 42' E. N. 39Â 28' E. N. 10Â 00' W. N. 50Â 58' E. N. 03Â 15' E. N. 16Â 05' E. N. 02Â 57' W. N. 36Â 29' W. N. 73Â 30' W. N. 63Â 54' W. N. 38Â 56' W. N. 27Â 40' W. N. 21Â 41' W. N. 45Â 24' W. N. 18Â 23' W. N. 69Â 48' W. N. 54Â 56' W. N. 70Â 27' W. N. 26Â 13' W. N. 76Â 45' E. N. 11Â 03' W. N. 5SÂ 56' W. N. 48Â 03' W. N. 38Â 30' E. N. 03Â 30' W. N. 06Â 49' W. N. 13Â 54' E. N. 70Â 10' E. N. 03Â 22' W. N. 55Â 32' W. N. 61Â 49' E. N. 44Â 09' E. N. 77Â 04' E. N. 10Â 58' W. N. 29Â 53' W. N. 10Â 09' E. N. 00Â 09' E. N. 32Â 09' W. N. 27Â 32' W. N. 14Â 57' W. N. 16Â 59' E. N. 37Â 02' E. N. 06Â 42' E. N. 71Â 14' E. N. 19Â 31' E. N. 20Â 37' W. N. 78Â 44' W. N. 13Â 56' W. N. 19Â 14' W. N. 52Â 59' W. N. 76Â 06' W. N. 03Â 11' E. N. 19Â 31' W. N. 56Â 01' W. S. 80Â 09' W. S. 76Â 51' W. N. 53Â 03' W. N. 25Â 06' W. N. 09Â 55' W. N. 29Â 17' W. N. 09Â 31' E. N. 27Â 30' E. N. 32Â 40' W. N. 33Â 22' E. N. 18Â 09' E. N. 01Â 36' W. N. 02Â 25' E. N. 06Â 51' W. N. 04Â 48' E. S. 46Â 20' E. N. 16Â 02' W. N. 13Â 19' W. N. 47Â 03' W. N. 38Â 59' W. N. 03Â 06' E. N. 47Â 28' W. N. 66Â 19' W. N. 24Â 13' W. N. 05Â 02' W. N. 11Â 23' E. N. 34Â 23' W. N. 16Â 09' E. N. 09Â 33' W. N. 15Â 54' W. N. 15Â 25' E. N. 09Â 27' W. N. 30Â 49' W. N. 26Â 49' W. N. 36Â 39' W. N. 62Â 55' E. | 59.00 m. 133.50 m. 36.94 m. 578.90 m. 142.50 m. 48.13 m. 219.46 m. 125.64 m. 42.07 m. 106.20 m. 58.08 m. 67.89 m. 71.26 m. 27.16 m. 20.78m. 21.90 m. 18.08 m. 6,171.45 m. 401.86 m. 468.14 m. 510.95 m. 145.39 m. 197.68 m. 305.50 m. 497.13 m. 487.78 m. 385.00 m. 315.36 m. 435.67 m. 295.64 m. 118.48 m. 140.36 m. 381.96 m. 45.89 m. 57.70 m. 114.00 m. 160.60 m. 144.90 m. 123.40 m. 35.00 m. 84.60 m. 103.60 m. 90.99 m. 66.20 m. 117.40 m. 73.20 m. 99.70 m. 83.40 m. 99.20 m. 78.20 m. 92.60 m. 32.10 m. 104.50m. 107.41 m. 53.50 m. 92.50 m. 37.10 m. 127.80 m. 22.90 m. 56.60 m. 157.40 m. 38.70 m. 125.50 m. 79.80 m. 68.60 m. 81.10 m. 65.30 m. 48.00 m. 43.90 m. 89.60 m. 52.50 m. 95.70 m. 55.10 m. 77.00 m. 61.60 m. 18.30 m. 75.20 m. 48.90 m. 54.80 m. 46.30 m. 121.30 m. 63.10 m. 78.70 m. 35.90 m. 51.59 m. 89.69 m. 88.10 m. 18.00 m. 85.10 m. 149.20 m. 119.80 m. 66.60 m. 92.10 m. 76.50 m. 52.10 m. 48.30 m. 78.30 m. 44.30 m. 33.70 m. 53.10 m. 43.60 m. 100.50 m. 64.60 m. 90.70 m. 62.00 m. 41.70 m. 37.60 m. 115.60 m. 91.50 m. 104.80 m. 68.20 m. 42.30 m. 78.00 m. 62.70 m. 50.80 m. 23.81 m. 74.30 m. 53.70 m. 65.80 m. 84.20 m. 53.20 m. 27.20 m. 53.20 m. 53.40 m. 43.40 m. 76.70 m. 75.60 m. 54.10 m. 150.90 m. 44.30 m. 42.80 m. 32.60 m. 152.10 m. 67.10 m. 42.70 m. 64.80 m. 133.39 m. 147.20 m. 69.00 m. 135.60 m. 121.70 m. 84.60 m. 54.00 m. 71.00 m. 97.10 m. 63.40 m. 64.70 m. 56.50 m. 44.70 m. 73.10 m. 23.50 m. 59.40 m. 118.50 m. 55.10 m. 52.50 m. 34.10 m. 112.00 m. 92.50 m. 49.70 m. 68.60 m. 157.30 m. 79.20 m. 233.80 m. 385.17 m. 202.89 m. 194.48 m. 354.39 m. 317.52 m. 334.29 m. 144.83 m. 170.74 m. 226.52 m. 312.21 m. 201.70 m. 199.65 m. 293.11 m. 215.25 m. 138.93 m. 377.25 m. 233.53 m. 300.80 m. 203.72 m. 180.81 m. 396.80 m. 188.91 m. 455.30 m. 167.70 m. 573.40 m. 284.80 m. 191.70 m. 115.00 m. 280.50 m. 38.50 m. 48.90 m. 316.60 m. 305.90 m. 90.10 m. 34.80 m. 197.00 m. 152.80 m. 207.10 m. 112.90 m. 162.80 m. 68.10 m. 133.10 m. 85.20 m. 180.50 m. 44.10 m. 119.20 m. 51.40 m. 235.10 m. 39.90 m. 79.20 m. 45.50 m. 242.10 m. 89.60 m. 86.30 m. 128.40 m. 84.50 m. 38.90 m. 71.40 m. 153.30 m. 118.90 m. 140.80 m. 153.40 m. 126.50 m. 164.50 m. 168.00 m. 92.50 m. 117.50 m. 66.00 m. 59.90 m. 60.30 m. 69.90 m. 60.20 m. 57.00 m. 78.20 m. 35.50 m. 90.40 m. 76.60 m. 80.50 m. 75.70 m. 70.60 m. 89.80 m. 73.20 m. 5S.40 m. 37.10 m. 307.40 m. 56.40 m. 65.10 m. 68.70 m. 98.20 m. 191.20 m. 97.00 m. 45.10 m. 79.90 m. 71.60 m. 80.90 m. 76.50 m. 32.60 m. 94.60 m. 79.70 m. 138.00 m. 74.21 m. 45.50 m. 68.30 m. 72.90 m. 71.50 m 119.40 m. 109.80 m. 81.40 m. 64.90 m. 166.10 m. 54.80 m. 85.90 m. 69.80 m. 71.30 m. 77.90 m. 72.20 m. 48.50 m. 40.00 m. 88.00 m. 45.30 m. 28.80 m. 133.60 m. 37.80 m. 166.00 m. 144.20 m. 142.50 m. 95.40 m. 114.70 m. 55.60 m. 92.60 m. 121.00 m. 89.70 m. 154.00 m. 51.60 m. 95.60 m. 89.00 m. 65.20 m. 42.50 m. 35.10 m. 59.00 m. 42.60 m. 80.90 m. 150.40 m. 85.10 m. 70.30 m. 75.90 m. 69.90 m. 124.80 m. 126.00 m. 120.00 m. 20.50 m. 50.10 m. 47.20 m. 2,008.60 m. |

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 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:

1.To have a continuous succession in its corporate name;

2.To sue and be sued;

3.To have and use a corporate seal;

4.To acquire and convey real or personal property;

5.To enter into contracts; and

6.To exercise such other powers, prerogatives and authority as are granted to corporations, subject to the limitations provided for in this Act and other laws.

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 interests of the City; expropriate or 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 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 Dasmariñas 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 Dasmariñas, 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.

The regional trial courts and the city courts of the City of Dasmariñas shall have concurrent jurisdiction with the regional trial courts and the metropolitan trial courts or 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. 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 Dasmariñas

1.There shall be in the City of Dasmariñas: a city mayor, a city vice mayor, twelve (12) 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 engineer, an assistant city engineer, a city architect, a city budget officer, a city planning and development officer, a city health officer, an assistant city health officer, a city civil registrar, an assistant 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 information officer, a city cooperatives officer, a city population officer, a city agriculturist, a city environment and natural resources officer, a city tourism officer and a city human resource development officer.

2.In addition thereto, the city mayor may appoint a city population officer and a city building official.

3.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 schools division to be headed by a city schools division superintendent and a city prosecution service to be headed by a city prosecutor.

4.The sangguniang panlungsod of the City of Dasmariñas may:

ARTICLE III THE CITY MAYOR AND THE CITY VICE MAYOR

Section 9. The City Mayor

1.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-one (21) years of age, a resident of the City for at least one (1) year prior to his election and a qualified voter therein. He shall hold office for three (3) years, unless sooner removed, and shall receive a minimum monthly compensation corresponding to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758, 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.

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

3.During his incumbency, the city mayor shall hold office in the city hall.

Section 10. The City Vice Mayor

1.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 minimum monthly compensation corresponding to Salary Grade Twenty-six (26) 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.

2.The city vice mayor shall:

ARTICLE IV THE SANGGUNIANG PANLUNGSOD

Section 11. Composition and Compensation

The sangguniang panlungsod, the legislative body of the City, shall be composed of the city vice mayor as the presiding officer, the twelve (12) regular sanggunian members, the president of the city chapter of the liga 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.

The regular members of the sangguniang panlungsod, the sectoral representatives and other members shall be elected or appointed in the manner as may be provided for by law. The elective members of the sangguniang panlungsod shall possess the qualifications as provided for under Section 39 of the Local

They shall receive a minimum monthly compensation corresponding to Salary Grade Twenty-five (25) 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 12. Powers, Duties, Functions and Compensation

The sangguniang panlungsod shall:

1.Approve ordinances and pass resolutions necessary for an efficient and effective city government and, in this connection, shall:

2.Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the City with particular attention to agro-industrial development, citywide growth and progress, and the provision of basic services and, relative thereto, the sangguniang panlungsod shall:

3.Subject to the provisions of the Local Government Code of 1991, enact ordinances granting franchises and authorizing the issuance of permits or licenses, upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the City and, pursuant to this legislative authority, shall:

4.Regulate activities relative to the use of land, buildings and structures within the City in order to promote the general welfare and, for the said purpose, shall:

1.Approve ordinances which shall ensure the efficient and effective delivery of basic services and facilities as provided for under the Local Government Code of 1991 and, in addition to said services and facilities, shall:

2.Perform such other duties and functions and exercise such powers as provided for under the Local Government Code of 1991, and those that are prescribed by other relevant laws or by ordinance.

ARTICLE V PROCESS OF LEGISLATION

Section 13. Internal Rules of Procedure

1.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 rules of procedure.

2.The rules of procedure shall provide for the following:

Section 14. Full Disclosure of Financial and Business Interests of Sangguniang Panlungsod Members

1.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:

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

Section 15. Sessions

1.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.

2.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.

3.All sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of the 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.

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

Unless otherwise concurred in by two-thirds (213) 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.

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

Section 16. Quorum

1.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.

2.Where there is no quorum, the presiding officer may declare a recess until such time 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 or members of the sanggunian to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the City of Dasmariñas, to arrest the absent member and present him at the session.

3.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 and duly approved by the members present, shall then declare the session adjourned for lack of quorum.

Section 17. Approval of Ordinances

1.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.

2.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 signed it.

Section 18. Veto Power of the City Mayor

1.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.

2.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 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.

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

Section 19. Review of City Ordinances by the Sangguniang Panlalawigan

1.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 resolutions approving the local development plans and public investment programs formulated by the local development councils.

2.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.

3.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.

4.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 20. Review of Barangay Ordinances by the Sangguniang Panlungsod

1.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.

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

3.If the sangguniang panlungsod finds the barangay ordinance 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 21. 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 22. Effectivity of Ordinances or Resolutions

1.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 (2) other conspicuous places in the City of Dasmariñas.

2.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 and in at least two (2) conspicuous places in the City of Dasmariñas 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 pr dialect understood by 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.

3.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 SUCCESSION FOR ELECTIVE CITY OFFICIALS

Section 23. Permanent Vacancy in the Offices of the City Mayor and the City Vice Mayor

1.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 vice mayor, as the case may be. Subsequent vacancies in the said offices shall be filled in automatically by the other sanggunian

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

3.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 in 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 for 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 24. Permanent Vacancies in the Sangguniang Panlungsod

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

1.The provincial governor shall make the aforesaid appointments;

2.Only the nominee of the political party under which the sanggunian member concerned had been elected shall be appointed in the manner herein provided. The appointee shall come from the same political party as that of the sanggunian member who caused the vacancy and shall serve the unexpired term of the vacant office.

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

3.In case the permanent vacancy is caused by a sangguniari member who does not belong to any political party, the city mayor shall, upon the recommendation of the sangguniang panlungsod, appoint a qualified person to fill in the vacancy; and

4.In Case of vacancy in the representation of the youth, the barangay and other sectors in the sangguniang panlungsod, said vacancy shall be filled in automatically by the official next-in-rank of the organization concerned.

Section 25. Temporary Vacancy in the Office of the City Mayor

1.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.

2.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 ca use no longer exists.

3.When the city mayor is traveling within the country but outside the 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.

4.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, as the case may be, shall have the right to assume the powers, duties and functions of the said office on the fourth (4th) day of absence of the city mayor,

5.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 maybe.

ARTICLE VII THE APPOINTIVE OFFICIALS OF THE CITY: THEIR QUALIFICATIONS, POWERS AND DUTIES

Section 26. The Secretary to the Sangguniang Panlungsod

1.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 mayor with the concurrence of the majority of all sangguniang panlungsod members, subject to civil service law, rules and regulations.

2.No person shall be appointed secretary to the sangguniang panlungsod unless he is a citizen of the Philippines, a resident of the City, 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.

3.The secretary to the sangguniang panlungsod shall receive such compensation, emoluments and allowances as may be determined by law.

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

Section 27. The City Treasurer

1.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.

2.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.

3.No person shall be appointed city treasurer unless he is a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in commerce, public administration or law from a recognized college or university and a first grade civil service eligible or its equivalent. He must have acquired experience in treasury or accounting service for at least five (5) years.

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

5.The city treasurer shall take charge of the city treasury office, and shall:

Section 28. The Assistant City Treasurer

1.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.

2.No person shall be appointed assistant city treasurer unless he is a citizen of the Philippines, a resident of the City, 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.

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

4.The assistant city treasurer shall assist the city treasurer and perform such other duties as the latter may assign to 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 29. The City Assessor

1.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 (5) years immediately preceding the date of his appointment.

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

3.The city assessor shall take charge of the city assessor's office, and shall:

Section 30. The Assistant City Assessor

1.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 (3) years immediately preceding the date of his appointment.

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

3.The assistant city assessor shall assist the city assessor and perform such other duties as the latter. may assign to him. He shall have authority to administer oaths on all declarations of real property for purposes of assessment.

Section 31

. The City Accountant. -

1.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 (5) years immediately preceding the date of his appointment.

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

3.The city accountant shall take charge of both the office of the accounting and internal audit services, and shall:

Section 32. The City Engineer

1.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 (5) years immediately preceding the date of his appointment.

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

3.The city engineer shall take charge of the city engineering office, and shall:

Section 33. The Assistant City Engineer

1.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 (3) years immediately preceding the date of his appointment.

2.The assistant city engineer shall assist the city engineer and perform such other duties as the latter may assign to him.

3.The assistant city engineer shall receive such compensation emoluments and allowances as may be determined.

Section 34. The City Architect

1.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 (5) years immediately preceding the date of his appointment.

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

3.The city architect shall take charge of the office of the architectural planning and design, and shall:

Section 35. The City Budget Officer

1.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 (5) years immediately preceding the date of his appointment.

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

3.The city budget officer shall take charge of the city budget office, and shall:

Section 36. The City Planning and Development Officer

1.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 (5) years immediately preceding the date of his appointment.

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

3.The city planning and development officer shall take charge of the city planning and development coordinating office, and shall:

Section 37. The City Health Officer

1.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 (5) years immediately preceding the date of his appointment.

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

3.The city health officer shall take charge of the office of the city health services, and shall:

Section 38. The Assistant City Health Officer

1.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 assessment or in any related field for at least three (3) years immediately preceding the date of his appointment.

2.The assistant city health officer shall assist the city health officer and perform such other duties as the latter may assign to him.

3.The assistant city health officer shall receive a minimum monthly compensation equivalent to Salary Grade Twenty-four (24) 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 39. The City Civil Registrar

1.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 (5) years immediately preceding the date of his appointment.

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

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

4.The city civil registrar shall take charge of the office of the city civil registry, and shall:

Section 40. The Assistant City Civil Registrar

1.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 (3) years immediately preceding the date of his appointment.

2.The assistant city civil registrar shall assist the city civil registrar and perform such other duties as the latter may assign to him.

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

Section 41. The City Administrator

1.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 in 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.

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

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

4.The city administrator shall take charge of the city administrator's office, and shall:

Section 42. The City Legal Officer

1.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 (5) years immediately preceding the date of his appointment.

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

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

4.The city legal officer, the chief legal counsel of the City, shall take charge of the office of the city legal service, and shall:

Section 43. The City Social Welfare and Development Officer

1.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 (5) years immediately preceding the date of his appointment.

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

3.The city social welfare and development officer shall take charge of the office of social welfare and development, and shall:

Section 44. The City Veterinarian

1.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 (3) years immediately preceding the date of his appointment.

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

3.The city veterinarian shall take charge of the office of veterinary services, and shall:

Section 45. The City General Services Officer

1.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 (5) years immediately preceding the date of his appointment.

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

3.The city general services officer shall take charge of the office of the general services, and shall:

Section 46. The City Information Officer

1.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 (5) years immediately preceding the date of his appointment.

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

3.The city information officer shall take charge of the office on public information, and shall:

Section 47. The City Cooperatives Officer

1.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 (5) years immediately preceding the date of his appointment.

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

3.The city cooperatives officer shall take charge of the office for the development of cooperatives, and shall:

Section 48. The City Population Officer

1.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 (5) years immediately preceding the date of his appointment.

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

3.The city population officer shall take charge of the office of the population development, and shall:

Section 49. The City Agriculturist

1.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 experience for at least five (5) years preceding the date of his appointment.

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

3.The city agriculturist shall take charge of the office for agricultural services, and shall:

Section 50. The City Environment and Natural Resources Officer

1.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 (5) years immediately preceding the date of his appointment.

2.The city environment and natural resources officer shall receive a minimum monthly compensation equivalent to Salary Grade Twenty-six (26) as prescribed under the Salary Standardization Law and the implementing guidelines issued pursuant thereto, and such compensation, emoluments and allowances as may be determined by law.

3.The city environment and natural resources officer shall take charge of the office of the environment and natural resources, and shall:

ARTICLE VIII THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE, THE CITY SCHOOLS DIVISION AND THE CITY PROSECUTION SERVICE

Section 53. The City Fire Station Service

1.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 that may be promulgated by the Department of the Interior and Local Government (DILG). The City shall provide the necessary land or site of the station.

2.The city fire station service shall be headed by a city fire marshal whose qualifications shall be as those provided for under the Philippine National Police Law.

3.The city fire station shall be responsible for the provision of various emergency services such as the 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 54. The City Jail Service

1.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.

2.The city jail service shall be headed by a city jail warden who must be a graduate of a four (4)-year course in psychology, psychiatry, sociology, nursing, social work or criminology, who shall assist in the immediate rehabilitation of individuals or detention of prisoners. Great care must be exercised so that the human rights of these prisoners are respected and protected, and their spiritual and physical well-being are properly and promptly attended to. Likewise, the City shall ensure that proper separate detention centers for juveniles and women are provided for.

Section 55. The City Schools Division

1.The DepED shall establish and maintain a city schools division of the City of Dasmariñas whose area of jurisdiction will cover all the school districts within the City.

2.The city schools division shall be headed by a city schools division superintendent who must possess the necessary qualifications required by the DepED.

Section 56. The City Prosecution Service

1.There shall be established in the City a prosecution service to be headed by a city prosecutor and such number of assistant city prosecutors as may be necessary, who shall be organizationally part of the Department of Justice (DOJ), 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 DOJ.

2.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 DOJ.

3.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 assistant city 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 57. Municipal Ordinances Existing at the Time of the Approval of This Act

All municipal ordinances of the Municipality of Dasmariñas existing at the time of the approval of this Act shall continue to be in force and effect within the City of Dasmariñas until the sangguniang panlungsod shall provide otherwise.

Section 58. Plebiscite

The City of Dasmariñas 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 Dasmariñas within thirty (30) days from the approval of this Act. The expenses for such plebiscite shall be borne by the Municipality of Dasmariñas. The Commission on Elections shall conduct and supervise such plebiscite.

Section 59. Officials of the City of Dasmariñas

The present elective officials of the Municipality of Dasmariñas 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 Dasmariñas.

Section 60. Succession Clause

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

Section 61

Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province of Cavite. - The qualified voters of the City of Dasmariñas shall be qualified to vote and run for any elective position in the elections for provincial governor, provincial vice governor, sangguniang panlalawigan members and other elective offices for the Province of Cavite.

Section 62. Jurisdiction of the Province of Cavite

The City of Dasmariñas shall, unless otherwise provided by law, continue to be under the jurisdiction of the Province of Cavite.

Section 63. 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 64. Legislative District

The City of Dasmariñas shall have its own legislative district to commence in the next national election after the effectivity of this Act.

Section 65. 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 Dasmariñas insofar as they are not inconsistent with the provisions of this Act.

Section 66. 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 67. Reservation

Nothing herein contained shall preclude the determination by the appropriate agency or forum of any boundary dispute or case involving question of territorial jurisdiction between the City of Dasmariñas and any of the adjoining local government units even after the effectivity of this Act.

Section 68. Repealing Clause

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

Section 69. Effectivity

This Act shall take effect fifteen (15) days after its complete publication in at least two (2) newspapers of general and local circulation.

Approved,

| JUAN PONCE ENRILE President of the Senate | PROSPERO C. NOGRALES 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 November 17, 2008 and October 5, 2009, respectively.

EMMA LIRIO-REYES

Secretary of the Senate

MARILYN B. BARUA-YAP

Secretary General House of Representatives

Approved: OCT 15 2009

GLORIA MACAPAGAL ARROYO

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.

In plain language