Republic Act No. 9740: Charter of the City of Biñan

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. 9740

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

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 Biñan".

Section 2. The City of Biñan

The Municipality of Biñan shall be converted into a component city to be known as the City of Biñan, hereinafter referred to as the City, which shall comprise the present territory oithe Municipality of Biñan, Province of Laguna. The territorial jurisdiction of the City shall be within the present metes and bounds of the Municipality of Biñan.

The foregoing provision shall be without prejudice to the resolution by the appropriate agency or forum of any boundary dispute or case involving questions of territorial jurisdiction between the City of Biñan and the adjoining local government unit.: 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 provision of this Charter. The City shall have the following corporate powers:

(a)To have a continuous succession in its corporate name;

(b)To sue and be sued;

(c)To have and use a corporate seal;

(d)To acquire, hold and convey real or personal property;

(e)To enter into any contract and/or agreement; and (f) To exercise such other powers, prerogatives or authority subject to the limitations provided in this Act or laws.

Section 4. General Powers

The City shall have a common seal and may alter the same at pleasure. It shall exercise the powers to levy taxes; to close and open roads, streets, alleys, parks or squares; to take, purchase, receive, hold, lease, convey and dispose of real and personal property for the general interests of the City; to expropriate or condemn private property for public use; to contract and to be contracted within to sue and be sued; to prosecute and defend to final judgment and execution suits wherein the City is involved or interested in; and to exercise all the powers as are granted to corporations or as hereinafter conferred."

Section 5. Liability for Damages

The City and its officials shall not be exempt from liability for death or injury to persons or damage to property.

Section 6. Jurisdiction of the City

The jurisdiction of the City, for police purposes only, shall be coextensive with its territorial jurisdiction and, for the purpose of protecting and ensuring the purity of the water supply of the City, such police jurisdiction shall also extend over all the territory within the drainage area of such water supply, or within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the city water service.

The city court of the City of Biñan shall have concurrent jurisdiction with the city or municipal court 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 cases to the exclusion of others. The police forces of several municipalities and cities concerned shall have concurrent jurisdiction with the police forces of the City for the maintenance of good order and the enforcement of ordinances throughout said zone, area or spaces. But any license that may be issued within said zone, area or spaces shall be granted by the proper authorities of the city or municipality concerned, and the fees arising there from shall accrue to the treasury of the said city or municipality concerned and not to the City.

ARTICLE II CITY OFFICIALS IN GENERAL

Section 7. The Officials of the City of Biñan

(a)There shall be in the City of Biñan: a city mayor, a city vice mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer and an assistant city treasurer, a city assessor and an assistant city assessor, a city accountant, a city budget officer, a city planning and development officer, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city social welfare and development officer, a city veterinarian and a city general services officer.

(b)In addition thereto, the city mayor may appoint a city environment and natural resources officer, a city' architect, a city information officer, a city cooperatives officers, a city population officer, a city business permits and licensing officer, an international and business relations officer, a youth and sports development officer, an education officer, a public safety officer, a city tourism and cultural affairs officer, a city agriculturist, a city human resource development officer and a city building official.

(c)There shall be established in the City a city fire station to be headed by a city fire marshal, a city jail to be headed by a city jail warden, and a city schools division to be headed by a city schools division superintendent.

(d)The City of Biñan may:

(1)Maintain existing offices not mentioned in subsections (a), (b) and (c) hereof;

(2)Create such other offices as may be necessary to carry out the purposes of the City; or (3) Consolidate the functions of any office with those of another in the interest of efficiency and economy.

(e)Unless otherwise provided herein, all appointive city officials shall be appointed by the city mayor with the concurrence of the majority of all the members of the sangguniang panlungsod, subject to civil service law, rules and regulations. The sangguniang panlungsod shall act on the appointment within fifteen (15) days from the day of its submission, otherwise the same shall be deemed confirmed. ARTICLE III THE CITY MAYOR AND CITY VICE MAYOR

Section 8. The City Mayor

(a)The city mayor shall be the chief executive of the City. He shall be elected at large by the qualified voters of the City. No person shall be eligible for the position of city mayor unless, at the time of the election, 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.

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

(b)For efficient, effective and economical governance, the purpose of which is the general welfare of the City and its inhabitants, the city mayor shall:

(1)Exercise those powers expressly granted to him by law, those necessarily implied therefrom, as well as powers necessary, appropriate or incidental for the efficient and effective governance of the City, and those which are essential to the promotion of the general welfare:

(i)Determine the guidelines of city policies and be responsible to the sangguniang panlungsod for the program of government;

(ii)Direct the formulation of the city development plan, with the assistance of the city development council and, upon approval thereof by the sangguniang panlungsod, implement the same;

(iii)Present the program of government and propose policies and projects for the consideration of the sangguniang panlungsod at the opening of the regular session of the sangguniang panlungsod every calendar year and as often as may be deemed necessary as the general welfare of the inhabitants and the needs of the city government may require;

(iv)Initiate and propose legislative measures to the sangguniang panlungsod and, as often as may be deemed necessary, provide such information and data needed or requested by said sanggunian in the performance of its legislative Functions;

(v)Appoint all officials and employees whose appointments are not otherwise provided for in this Act, as well as those he may be authorized by law to appoint;

(vi)Represent the City in all its business transactions and sign on its behalf all bonds, contracts and obligations, and such other documents upon the authority of the sangguniang panlungsod or pursuant to law or ordinance;

(vii)Carry out such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities;

(viii)Determine the time, manner and place of payment of salaries or wages of the officials and employees of the City, in accordance with law or ordinance;

(ix)Allocate and assign office space to the City and other officials and employees who, by law or ordinance, are entitled to such space in the office and other buildings owned or leased by the city government;

(x)Ensure that all executive officials and employees of the City faithfully discharge their duties and functions as provided for by law and the Local Government Code of 1991, and cause to be instituted administrative or judicial proceedings against any official or employee of the City who may have committed an offense in the performance of his official duties;

(xi)Examine the books, records and other documents of all offices, officials, agents or employees of the City and, in aid of his executive powers and authority, require all national officials and employees stationed in or assigned to the City to make avai1ehle to him such books, records and other documents in their custody, except those classified by law as confidential;

(xii)Furnish copies of executive orders issued by him to the Office of the President and the Office of the Secretary of the Department of the Interior and Local Government (DILG) within seventy-two (72) hours after their issuance;

(xiii)Visit component barangays of the City at least once every six (6) months to deepen his understanding of the problems and conditions, listen and give appropriate counsel to local officials and inhabitants of general laws and ordinances which especially concern them, and otherwise conduct visits and inspections to ensure that the governance of the City will improve the quality of life of the inhabitants;

(xiv)Act on leave applications of officials and employees appointed by him and the commutation of the monetary value of their leave credits in accordance with law;

(xv)Authorize official trips of city officials and employees outside of the City for a period not exceeding thirty (30) days: Provided, That the trips abroad or for a longer period may be authorized in accordance with the Local Government Code of 1991;

(xvi)Call upon any national official or employee stationed in or assigned to the City to advise him on matters affecting the City and to make recommendations thereon; coordinate with the said officials and employees in the formulation and the implementation of plans, programs and projects; and, when appropriate, initiate an administrative or judicial action against a national government official or employee who may have committed an offense in the performance of his official duties while stationed in or assigned to the City;

(xvii)Authorize payment for medical care, necessary transportation, subsistence, hospital or medical fees of city officials and employees who are injured while in the performance of their official duties and functions, subject to the availability of funds;

(xviii)Solemnize marriages, any provision of law to the contrary notwithstanding;

(xix)Conduct an annual palarong panlungsod which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education (DepED); and (xx) Submit to the provincial governor the following reports: an annual report containing a summary of all matters pertinent to the management, administration and development of the City and all information and data relative to its political, social and economic conditions; and supplemental reports when unexpected events and situations arise at any time during the year, particularly when man-made and natural disasters or calamities affect the general welfare of the City.

(2)Enforce all laws and ordinances relative to the governance of the City and in the exercise of its appropriate corporate powers, as well as implement all approved policies, programs, projects, services and activities of the City; and, in addition, shall:

(i)Ensure that the acts of the City's component barangays and of its officials and employees are within the scope of their prescribed powers, duties and functions;

(ii)Call conventions, conferences, seminars or meetings' of elective and appointive officials of the City, including national officials and employees stationed in or assigned to the City, at such time and place and on such subject as he may deem important for the promotion of the general welfare of the local government unit and its inhabitants; .

(iii)Issue such executive orders for the faithful and appropriate enforcement and execution of laws and ordinances;

(iv)Be entitled to carry the necessary firearms within his territorial jurisdiction;

(v)Act as the deputized representative of the National Police Commission, formulate the peace and order plan of the City and, upon its approval, implement the same, and as such, exercise general and operational control and supervision over the police forces in the City in accordance with Republic Act No. 6975, otherwise known as the Philippine National Police Law; and (vi) Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition, or apprehend violators of the law when ,Public interest so requires and the city police forces are inadequate to cope with the situation or the violators.

(3)Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities, particularly those resources and revenues programmed for agro industrial development and countryside growth and progress and, relative thereto, shall:

(i)Require each head of an office or department to prepare and submit an estimate of appropriations for the ensuing calendar year, in accordance with the budget preparation process enshrined under Republic Act No, 7160, otherwise known as the Local Government Code of 1991;

(ii)Prepare and submit to the sanggunian for approval the executive and supplemental budgets of the City for the ensuing calendar year in the manner provided for under the Local Government Code of 1991;

(iii)Ensure that all taxes and other revenues of the City are collected, and that city funds are applied to the payment of expenses and the settlement of obligations of the City, in accordance with law or ordinance;

(iv)Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which said licenses or permits had been issued, pursuant to law or ordinance;

(v)Issue permits, without need of approval therefore from any national agency, for the holding of activities for any charitable or welfare purpose, excluding prohibited games of chance or shows contrary to law, public policy and public morals;

(vi)Require owners of illegally constructed houses, 'buildings or other structures to obtain the necessary permits, subject to such fines and penalties as may be imposed by law or ordinance, or to make necessary changes in the construction of the same when said construction violates any law or ordinance, or to order the demolition or removal of said house, building or structure within the period prescribed by law or ordinance;

(vii)Adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other resources of the City;

(viii)Provide efficient and effective property and supply management in the City and protect the funds, credits, rights and other properties of the City; and (ix) Institute or cause to be instituted administrative or judicial proceedings for violation of ordinances in the collection of taxes, fees, charges, and for the recovery of funds and property; and cause the City to be defended against all suits to ensure that its interests, resources and rights shall be adequately protected.

(4)Ensure the delivery of basic services and provision of adequate facilities and, in addition thereto shall:

(i)Ensure that the construction and repair of roads and highways funded by the national government shall be, as far as practicable, carried out in a spatially contiguous manner and in coordination with the construction and repair of the roads and bridges of the City; and (ii) Coordinate the implementation of technical services, including public works and infrastructure programs, rendered by national offices;

(5)Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed bylaw or ordinance, (c) During his incumbency, the city mayor shall hold office in the city hall.

Section 9. The City Vice Mayor

(a)There shall be a city vice mayor who shall be elected in the same manner as the city mayor and shall, at the time of his election, possess the same qualifications as the city mayor. He shall hold office for three (3) years, unless sooner removed, and shall receive a monthly compensation corresponding to Salary Grade twenty-six (26) as prescribed under the Salary Standardization Law and the implementing guidelines issued pursuant thereto.

(b)The city vice mayor shall:

(1)Be the presiding officer or the sangguniang panlungsod and sign all warrants drawn on the city treasury for all expenditures appropriated for the operation of the sangguniang panlungsod;

(2)Subject to civil service law, rules and regulations, appoint all officials and employees of the sangguniang panlungsod, except those whose manner of appointments specifically provided for under existing laws;

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

(4)Exercise the powers and perform the duties and functions of the city mayor in case of temporary vacancy; and (5) Perform such other duties and functions and exercise .such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance. ARTICLE IV THE SANGGUNIANG PANLUNGSOD

Section 10. Composition

(a)The sangguniang panlungsod, the legislative body of the City, shall be composed of the city vice mayor as the presiding officer, the ten (10) regular sanggunian members which shall be elected at large, the president of the city chapter of the liga ng mga barangay, the president of the panlungsod na pederasyon ng mga sangguniang kabataan and the sectoral representatives, as members.

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

(c)The regular members of the sangguniang panlungsod and sectoral representatives shall be elected in the manner as may be provided by law.

Section 11. Powers, Duties, Functions and Compensation

(a)The sangguniang panlungsod, as the legislative body of the City, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the City and its inhabitants pursuant to Section 16 of the Local Government Code ofl991 and in the proper exercise of the corporate powers of the City as provided for under Section 22 of the Local Government Code of1991, and shall:

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

(i)Review all ordinances approved by the sangguniang barangay and executive orders issued by the punong barangay to determine whether these are within the scope of the prescribed powers of the sangguniang barangay and of the punong barangay;

(ii)Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances;

(iii)Approve ordinances imposing a fine not exceeding Five thousand pesos (p5,OOO.OO) or an imprisonment for a period not exceeding one (1) year, or both, at the discretion of the court, for violation of a city ordinance;

(iv)Adopt measures to protect the inhabitants of the City from the harmful effects of man-made or natural disasters and calamities, and to provide relief services and assistance to victims during and in the aftermath of said disasters or calamities and in their return to productive livelihood following said events;

(v)Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, the establishment and maintenance of house of ill-repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications and such other activities inimical to the welfare and morals of the inhabitants of the City;

(vi)Protect the environment. To this end, it may set aside at least ten percent (10%) of its development funds for the purpose of maintaining and enhancing the ecological balance of the City. It may also impose appropriate penalties for acts which endanger the environment, such as illegal logging, smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash-and-burn farming and such other activities which result in pollution, acceleration of siltation of rivers and lakes or of ecological imbalance;

(vii)Subject to the provisions of the Local Government Code of 1991 and other pertinent laws, determine the powers and duties of officials and employees of the City;

(viii)Determine the positions and the salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from city funds and provide for expenditures necessary for the proper conduct of programs, projects. services and activities of the city governm.ent;

(ix)Authorize the payment of compensation to a qualified person not in the government service who fills in a temporary vacancy or grant honoraria to any qualified official or employee, designated to: fill in a temporary vacancy in a concurrent capacity at the rate authorized by law;

(x)Provide a mechanism and the appropriate funds therefore for the safety and protection of all city government properties, public documents or records such as those relating to property inventory, land ownership, records of births , marriages, deaths, assessments,. taxation, accounts, business permits and such other records and documents of public interest in the offices(xi) When the finances of the city government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other national government employees stationed in or assigned to the City;

(xii)Provide legal assistance to barangay officials who, in the performance of their official duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal actions; and (xiii) Provide for group insurance or additional insurance coverage for all barangay officials, including members of barangay tanod brigades and service units, with public or private insurance companies, when the finances of the city government allow said coverage.

(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 and citywide growth and progress, and relative thereto, shall:

(i)Approve the annual and supplemental budgets of the city government and appropriate funds for specific programs, projects, services and activities of the City, or for other purposes not contrary to law, in order to promote the general welfare of the City and its inhabitants;

(ii)Subject to the provisions of Book II of the Local Government Code of 1991 and applicable laws and, upon the majority vote of all the members of the sangguniang panlungsod, enact ordinances levying taxes, fees and charges, prescribing the rates thereafter general and specific purposes and granting tax' exemptions, incentives or reliefs;

(iii)Subject to the provisions of Book II of the Local Government Code of 1991 and upon the majority vote of all the members of the sangguniang panlungsod, authorize the city mayor to negotiate and contract loans and other forms of indebtedness;

(iv)Subject to the provisions of Book II of the Local Government Code of 1991 and applicable laws and, upon the majority vote of all the members of the sangguniang panlungsod, enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development projects;

(v)Appropriate funds for the construction and maintenance or the rental of buildings for the use of the City and, upon the majority vote of all the members of the sangguniang panlungsod, authorize the city mayor to lease to private parties such public buildings held in a proprietary capacity, subject to existing laws, rules and regulations;

(vi)Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the City;

(vii)Adopt a comprehensive land-use plan for the City and ensure that the formulation, adoption or modification of said plan shall be in coordination with the approved provincial comprehensive land-use plan;

(viii)Reclassify lands within the jurisdiction of the City, subject to the pertinent provisions of the Local Government Code of199l;

(ix)Enact integrated zoning ordinances in consonance with the approved comprehensive land-use plan, subject to existing laws, rules and regulations; establish fire limits or zones, particularly in populous centers; and regulate the construction, repair or modification of buildings within said limits or zones in accordance with the provisions of the Fire Code of the Philippines;

(x)Subject to national law, process and approve subdivision plans for residential, commercial or industrial purposes and other development purposes, and to collect processing fees and other charges, the proceeds of which shall accrue entirely to the City: Provided, however, That where approval of a national agency or office is required, said approval shall not be withheld for more than thirty (30) days from receipt of the application. Failure to act on the application within the period stated above shall be deemed as approval thereof;

(xi)With the concurrence of at least two thirds (2/3) vote of all the members of the sangguniang panlungsod, grant tax exemptions, incentives or reliefs to entities engaged in community growth including industries, subject to provisions of the Local Government Code of1991;

(xii)Grant loans or provide grants to other local government units or to national. provincial and city charitable, benevolent or educational institutions: Provided, That said institutions are operated and maintained within the City;

(xiii)Regulate the numbering of residential, commercial and other buildings; and (xiv) Regulate the inspection, weighing and measuring of articles of commerce.

(3)Subject to the provisions of Book II 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:

(i)Fix and impose reasonable fees and charges for all services rendered by the city government to private persons or entities;

(ii)Regulate or fix license fees for any business or practice of profession within the City and the conditions under which the license for said business or practice of profession may be revoked and enact ordinances levying taxes thereon;

(iii)Provide for and set the terms and conditions under which public utilities owned by the City shall be operated by the city government and prescribe the conditions under which the same may be leased to private persons or entities, preferably cooperatives;

(iv)Regulate the display of and fix the license fees for signs, signboards or billboards at the place or places where the profession or business advertised thereby is, in whole or in part, conducted;

(v)Any law to the contrary notwithstanding, authorize and license the establishment, operation and maintenance of cockpits, and regulate cockfighting and commercial breeding of gamecocks: Provided, That existing rights should not be prejudiced;

(vi)Subject to the guidelines prescribed by the Department of Transportation and Communications (DOTC), regulate the operation of tricycles and grant franchises for the operation thereof within the territorial jurisdiction of the City; and (vii) Upon approval by a majority vote of all the members of the sangguniang panlungsod, grant a franchise to any person, partnership, corporation or cooperative to do business within the City; establish, construct, operate and maintain ferries, wharves, markets or slaughterhouses; or undertake such other activities within the City as may be allowed by existing laws: Provided, That cooperatives shall be given preference in the grant of such franchise.

(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:

(i)Declare, prevent or abate any nuisance;

(ii)Require that buildings and the premises thereof and any land within the City be kept and maintained in a sanitary condition; impose penalties for any violation thereof; Or upon failure to comply with the said requirement, have the work done at the expense of the owner, administrator or tenant concerned; and require the filling up of any lands or premises to a grade necessary for proper sanitation;

(iii)Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar establishments;

(iv)Regulate the establishment, operation and maintenance of restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses and other similar establishments, including tourist guides and transports;

(v)Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mix of fermented liquors at any retail outlets;

(vi)Regulate the establishment and provide for the, inspection of steam boilers or any heating device in buildings and the storage of inflammable and highly combustible materials within the City;

(vii)Regulate the establishment, operation and maintenance of any entertainment or amusement facilities, including the theatrical performance, circuses, billiard halls, public dancing schools, public dance halls, sauna baths, massage parlors and other places for entertainment or amusement; regulate such other events or activities for amusement or entertainment, particularly those which tend to disturb the carom unity or annoy the inhabitants, or require the suspension or suppression of the same; or prohibit certain forms of amusement or entertainment in order to protect the social and moral welfare of the community;

(viii)Provide for the impounding of stray animals; regulate the keeping of animals in homes or as part of a business, and the slaughter, sale or disposition of the same; and adopt measures to prevent and penalize cruelty to animals; and (ix) Regulate the establishment, operation and maintenance of funeral parlors and the burial or cremation of the dead, subject to existing laws, rules and regulations;

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

(i)Provide for the establishment, maintenance, protection and conservation of tree parks and greenbelts;

(ii)Establish markets, slaughterhouses or animal corrals and authorize the operation thereof by the city government; and regulate the construction and operation of private markets, talipapas or other similar buildings and structures;

(iii)Authorize the establishment, maintenance and operation by the city government of ferries, wharves, and/or other structures intended to accelerate productivity related to marine life in the preservation thereof;

(iv)Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products and other foodstuffs for public consumption;

(v)Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement, repair and maintenance of the same; establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets and public places;

(vi)Regulate traffic on all streets and bridges, prohibit encroachment or obstacles thereon and, when necessary in the interest of public welfare, authorize the removal of encroachments and illegal constructions in public places;

(vii)Subject to existing laws, establish and provide for the maintenance, repair and operation of an efficient waterworks system to supply water for the inhabitants and to purify the source of the water supply; regulate the construction, maintenance, repair and use of hydrants, pumps, cisterns and reservoirs; protect the purity and the quantity of the water supply of the City and, for this purpose, extend the coverage of appropriate ordinances over all territory within the drainage area of said water supply within one hundred meters (100 m.) of the reservoir, canal, conduit, aqueduct, pumping station and watershed used in connection with the water service; and regulate the consumption, use or wastage of water and fix and collect charges thereof;

(viii)Regulate the drilling and excavation of the ground for the laying of water, gas, sewer and other pipes. and the construction, repair and maintenance of public drains, sewers, cesspools, tunnels and similar structures; regulate the placing of poles and the use of crosswalks, curbs and gutters; adopt measures to ensure public safety against open canals, manholes, live wires and other similar hazards to life and property; and regulate the construction and use of private water closets, privies and other similar structures in buildings and homes;

(xiv)Provide for the care of disabled persons, paupers, the aged, the sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abused children and the youth below eighteen (18) years of age, and subject to the availability of funds, establish and provide for the operation of centers and facilities for the said needy and disadvantaged persons;

(xv)Establish and provide for the maintenance and improvement of jails and detention centers, institute a sound jail management program and appropriate funds for the subsistence of detainees and convicted prisoners in the City;

(xvi)Establish a city council whose purpose is the promotion of culture and the arts, coordinate with government agencies and nongovernmental organizations and, subject to the availability of funds, appropriate funds for the support and development of the same; and (xvii) Establish a city council for the elderly and senior citizens which shall formulate policies and adopt measures mutually beneficial to the elderly and to the community; provide incentives for nongovernmental agencies and entities and, subject to the availability of funds, appropriate funds to support programs and projects for the benefit of the elderly;

(6)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 law or ordinance.

(b)The members of the sangguniang panlungsod of the City of Biñan shall receive a minim um monthly compensation corresponding to Salary Grade twenty-five (25) as prescribed under the Salary Standardization Law and the implementing guidelines issued pursuant thereto. ARTICLE V PROCESS OF LEGISLATION

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 its existing rules of procedure.

(b)The rules of procedure shall provide for the following:

(1)The organization of the sanggunian and the election of its officers as well as the creation of standing committees which shall include, but shall not be limited to, the committees on appropriations, revenues, engineering and public works, education and health, women and family, human rights, youth and sports development, environmental protection, peace and order and traffic, and cooperatives; the general jurisdiction of each committee; and the election of the chairman and members of each committee;

(2)The order and calendar of business for each session;

(3)The legislative process;

(4)The parliamentary procedures which include the conduct of members during sessions;

(5)The discipline of members for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions for which they may be censured, reprimanded or excluded from the session, suspended for not more than sixty (60) days or expelled: Provided, That the penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the sanggunian members: Provided, further, That the member' convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the sanggunian; and (6) Such other rules as the sanggunian may adopt.

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 fmancial interests. He shall also disclose any business, financial, professional relationship or any relation by affinity or consanguinity within the fourth civil degree, which he may have with any person, firm or entity affected by any ordinance or resolution under consideration by the sanggunian of which he is a member, which relationship may result in conflict of interests. Such relationship shall include:

(1)Ownership of stock or capital, or investment in the entity or firm which the ordinance or resolution may apply; and (2) Contracts or agreements with any person or entity which the ordinance or resolution under consideration may affect. In the absence of a specific constitutional or statutory provision applicable to this situation, "conflict of interest" refers, in general, to one where it may be reasonably deduced that a member of a sanggunian may not act in the public interest due to some private, pecuniary or other personal considerations that may tend to affect his judgment to the prejudice of the service or the public.

(b)The disclosure required under this Act shall be made in writing 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:

(1)Disclosure shall be made before the member participates in deliberations on the ordinance or resolution under consideration: Provided, That if the member did not participate during the deliberations, the disclosure shall be made before voting on the ordinance or resolution on second and third readings; and (2) Disclosure shall be made when a member takes a position or makes a privilege speech on a matter that may affect the business interest, financial connection or professional relationship described herein.

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 for the sangguniang panlungsod and twice a month for the sangguniang barangay.

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

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

(d)In the case of special sessions of the sanggunian, a written notice to the members shall be served personally at the members' usual place of residence at least twenty-four (24) hours before the special session is held. Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.

(e)The sangguniang panlungsod shall keep a journal and a record of its proceedings, which may be published upon resolution of the majority of its members.

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 results.

(b)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 of the sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the City of Biñan, to arrest the absent member and present him at the session.

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

Section 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 (213) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes.

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

Section 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 the public welfare, stating his reasons thereof in writing.

(b)The city mayor shall have the power to veto any particular item or items of an appropriations ordinance, an ordinance or resolution adopting a local development plan, any public investment program 01: an ordinance directing the payment of money or creating liability. In such case, the vetoed item or items shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the sangguniang panlungsod overrides the veto in the manner herein provided; otherwise, the item or items in the appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be deemed enacted.

(c)The city mayor may veto an ordinance or resolution only once. The sanggunian may override the veto of the city mayor by two-thirds (213) vote of all its members, thereby making the ordinance effective even without the approval of the city mayor.

Section 18. Review of City Ordinances by the Sangguniang Panlalawigan

(a)Within three (3) days after approval, the secretary to the sangguniang panlungsod shall forward to the sangguniang panlalawigan for review. copies of approved ordinances and the resolutions approving the local development plans and the public investment programs formulated by the local' development councils.

(b)Within thirty (30) days after receipt of copies of such ordinances and resolutions, the sangguniang panlalawigan shall examine the documents or transmit them to the provincial attorney or the provincial prosecutor for prompt examination. The provincial attorney or the provincial prosecutor shall. within a period of ten (10) days from receipt of the documents, inform the sangguniang panlalawigan in writing of his comments or recommendations, which may be considered by the sangguniang panlalawigan in making its decision.

(c)If the sangguniang panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon the sangguniang panlungsod concerned, it shall declare such ordinance or resolution invalid in whole or in part. The sangguniang panlalawigan shall enter its action in the minutes and shall advise the corresponding city authorities of the action it has taken.

(d)If no action has been taken by the sangguniang panlalawigan within thirty (30) days after submission of such an ordinance or resolution, the same shall be presumed to be consistent with law and therefore valid.

Section 19. Review of Barangay Ordinances by the Sangguniang Panlungsod

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

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

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

Section 20. Enforcement of Disapproved Ordinances or Resolutions

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

Section 21. Effectivity of Ordinances or Resolutions

(a)Unless otherwise stated in the ordinance or the resolution approving the local development plan and the public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the City Hall of Biñan and in at least two (2) other conspicuous places in the City of Biñan not later than five (5) days after approval thereof.

(b)The secretary of the sangguniang panlungsod shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the city hall and ;n at least two (2) conspicuous places in the City of Biñan 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 the secretary of the sangguniang panlungsod shall record such fact in a book kept for the purpose, stating the dates of approval and posting.

(c)The main features of the ordinance or the 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 the resolution shall be published in any newspaper of general circulation: Provided, further, that the list of all ordinances with penal sanctions shall also be published in a newspaper of general circulation. ARTICLE VI DISQUALIFICATION AND SUCCESSION OF ELECTIVE CITY OFFICIALS

Section 22. Disqualification of Elective Public City Officials

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

(a)Those sentenced by final judgment for an offense involving moral turpitude or an offense punishable by one (1) year or more of imprisonment within two (2) years after serving sentence;

(b)Those removed from office as a result of an administrative case;

(c)Those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines;

(d)Those with dual citizenship;

(e)Fugitives from justice in criminal or nonpolitical cases here and abroad;

(f)Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Local Government Code of1991; and (g) The insane or feeble-minded.

Section 23. 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 becomes the city mayor or the city vice mayor, as the case maybe. Subsequent" vacancies in the said offices shall be filled automatically by the other sanggunian members according to their ranking as defined herein.

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

(c)The successors as defined herein shall serve only the unexpired terms of their predecessors.

(d)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.

(e)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:

(a)The provincial governor shall make the aforesaid appointments;

(b)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 action against the official responsible therefor;

(c)In case the permanent vacancy is caused by a sanggunian 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 (d) In case of vacancy in the representation of the youth and the barangay in the sangguniang panIungsod, 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

(a)When the city mayor is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad and suspension from office, the city vice mayor or the highest sangguniang panlungsod member shall automatically exercise the powers and perform the duties and functions of the city mayor, except the power to appoint, suspend or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days.

(b)Said temporary incapacity shall terminate upon submission to the sangguniang panlungsod of a written declaration by the city mayor that he has reported back to office.

In case where the temporary incapacity is due to legal cause, the city mayor shall also submit necessary documents showing that the said legal cause no longer exists.

(c)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.

(d)In the event, however; that the city' mayor fails or refuses to issue such authorization, the city vice mayor or the highest ranking sangguniang panlungsod member, 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, subject to the limitations provided for in subsection (c) hereof.

(e)Except as provided above, the city mayor shall, in no case, authorize any local official to assume the powers, duties and functions of the office other than the city vice mayor or the highest ranking member of the sangguniang panlungsod, as the case maybe. ARTICLE VII THE APPOINTIVE OFFICIALS OF THE CITY

Section 26. 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.

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

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

(1)Attend meetings of the sangguniang panlungsod and keep a journal of its proceedings;

(2)Keep the seal of the City and affix the same with his signature to all ordinances, resolutions and other official acts of the sangguniang panlungsod, and present the same to the presiding officer for his signature;

(3)Forward to the city mayor for approval, copies of ordinances enacted by the sangguniang panlungsod, duly certified by the presiding officer;

(4)Forward to the Department of Budget and Management (DBM) copies of the appropriations ordinances passed by the sangguniang panlungsod as provided for under Section 326, Book II of the Local Government Code of 1991;

(5)Forward to the sangguniang panlalawigan copies of duly approved ordinances in the manner as provided for in Sections 56 and 57 of the Local Government Code of 1991;

(6)Furnish, upon the request of any interested party, certified copies of records of public character in his custody, upon payment to the city treasurer of such fees as may be prescribed by ordinance;

(7)Record in a book kept for the purpose all ordinances and resolutions enacted or adopted by the sangguniang panlungsod, with the dates of passage and publication thereof;

(8)Keep his office and all nonconfidential records therein open to the public during usual business hours;

(9)Translate into the dialect used by the majority of the inhabitants, ordinances and resolutions immediately after their approval, and cause the publication of the same together with the original version in the manner provided under the Local Government Code of 1991;

(10)Take custody of the local archives and. where applicable, the local library and annually account for the same; and (11) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 27. The City Treasurer

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

(b)The city treasurer shall be under the administrative supervision of the city mayor, to whom he shall report regularly on the tax collection efforts of the City.

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

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

(e)The city treasurer shall take charge of the City finance department, and shall:

(1)Advise the city mayor, the sangguniang panlungsod and other local government and national officials concerned regarding disposition of local government funds and on such other matters relative to public finance;

(2)Take custody and exercise proper management of the funds of the City;

(3)Take charge of the disbursement of all funds of the City and such other funds, the custody of which may be entrusted to him by law or other competent authority;

(4)Inspect private commercial and industrial establishments within the jurisdiction of the City in relation to the implementation of tax ordinances, pursuant to the provisions of the Local Government Code of 1991;

(5)Maintain and update the tax information system of the City; and (6) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 28. The Assistant City Treasurer

(a)The assistant city treasurer may be appointed by the Secretary of the Department of Finance from a list of at least three (3) ranking eligible recommendees of the city mayor, subject to civil service law, rules and regulations.

(b)No person shall be appointed assistant city treasurer unless he is a citizen of the Philippines, a resident of the City of Biñan, 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 four (4) years of experience in treasury or accounting.

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

(d)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

(a)The city assessor must be a citizen of the Philippines, a resident of the City of Biñan, 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 an experience in real property assessment work at in any related field for at least five (5) years immediately, preceding the date of his appointment.

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

(c)The city assessor shall take charge of the city assessor's department, and shall:

(1)Ensure that all laws and policies governing the appraisal and assessment of real properties for taxation purposes are properly executed;

(2)Initiate, review and recommend changes in policies and objectives, plans and programs, techniques, procedures and practices in the evaluation and assessment of real properties for taxation purposes;

(3)Establish a systematic method of real property assessment;

(4)Install and maintain real property identification and accounting systems;

(5)Prepare, install and maintain a system of tax mapping, showing graphically all properties subject to assessment and gather all data concerning the same;

(6)Conduct frequent physical surveys to verify and determine whether all real properties within the City are properly listed in the assessment rolls;

(7)Exercise the functions of appraisal and assessment primarily for taxation purposes of all real properties in the City;

(8)Prepare a schedule of the fair market value of the different classes of real properties in accordance with the provisions of the Local Government Code of 1991;

(9)Issue, upon request of any interested party, certified copies of assessment records of real properties and all other records relative to its assessment, upon payment of a service charge or fee to the city treasurer;

(10)Submit every semester a report of all assessments, as well as cancellations and modifications of assessments to the city mayor and the sanggunang panlungsod; and (11) Perform such other duties and functions and exercise such other powers as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed bylaw or ordinance.

Section 30. The Assistant City Assessor

(a)The assistant city assessor must be a citizen of the Philippines, a resident of the City of Biñan, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in assessment or in any related field for at least three (3) years immediately preceding the date of his appointment.

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

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

Section 31. The City Accountant

(a)The city accountant must be a citizen of the Philippines, a resident of the City of Biñan, of good moral character and a certified public accountant. He must have acquired experience in treasury or accounting service for at least five (5) years immediately preceding the date of his appointment.

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

(c)The city accountant shall take charge of both the office of the accounting and internal audit services, and shall:

(1)Install and maintain an internal audit system in the City;

(2)Prepare and submit financial statements to the city mayor and to the sangguniang panlungsod;

(3)Apprise the sangguniang panlungsod and other officials on the financial condition and operations of the City;

(4)Certify to the availability of budgetary allotment from which expenditures and obligations may be properly charged;

(5)Review supporting documents before the preparation of vouchers to determine completeness of requirements;

(6)Prepare statements of cash advances, liquidations, salaries, allowances, reimbursements and remittances pertaining to the City;

(7)Prepare statements of journal vouchers and liquidations of the same and other adjustments related thereto;

(8)Post individual disbursements to subsidiary ledgers and index cards;

(9)Maintain individual ledgers for officials and employees of the City pertaining to payrolls and deductions;

(10)Record and post in index cards details of purchased furniture, fixtures and equipment, including disposal thereof, if any;

(11)Account for all issued requests for obligations and maintain and keep all records and reports related thereto;

(12)Prepare journals and the analysis of obligations and maintain and keep all records and reports related thereto; and (13) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or, ordinance.

Section 32. The City Budget Officer

(a)The city budget officer must be a citizen of the Philippines, a resident of the City of Biñan, 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 i m m e d i-t e l y preceding the date of his appointment.

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

(1)Prepare forms, orders' and circulars embodying instructions on budgetary and appropriation matters for the signature of the city mayor;

(2)Review and consolidate the budget proposals of different departments and offices of the City;

(3)Assist the city mayor in the preparation of the budget, and during and after, the budget hearings;

(4)Study and evaluate budgetary implication of proposed legislation and submit comments and recommendations thereon;

(5)Submit periodic budgetary reports to the DBM;

(6)Coordinate with the city treasurer, the city accountant and the city planning and development officer for the purpose of budgeting;

(7)Assist the sangguniang panlungsod in reviewing the approved budgets of the component barangays (8) Coordinate with the city planning and development coordinating office in the formulation of the development plan of the City; and (9) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 33. 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 Biñan, of good moral character, a holder of a college degree preferably in urban planning, development studies, economics, public administration or in any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in development planning or in any related field for at least five (5) years immediately preceding the date of his appointment.

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

(c)The city planning and development officer shall take charge of the city planning and development coordinating office, and shall:

(1)Formulate integrated economic, social, physical and other development plans and policies for the consideration of the City;

(2)Conduct continuing studies, researches and training programs necessary to evolve plans and programs for implementation;

(3)Integrate and coordinate all sectoral plans and studies undertaken by the different functional groups or agencies;

(4)Monitor and evaluate the implementation of the different development programs, projects and activities in the City in accordance with the approved development plan;

(5)Prepare comprehensive plans and other development planning documents for the consideration of the local development council;

(6)Analyze the income and expenditure patterns, and formulate and recommend fiscal plans and policies for the consideration of the finance committee of the sangguniang panlungsod;

(7)Promote people's participation in development planning within the City;

(8)Exercise supervision and control over the secretariat of the local development council; and (9) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 34. The City Engineer

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

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

(c)The city engineer shall take charge of the city engineering office, and shall:

(1)Initiate, review and recommend changes in policies and objectives, plans and programs, techniques, procedures and practices in infrastructure development and public works in general of the City;

(2)Advise the city mayor on infrastructure, public works and other engineering matters;

(3)Administer, coordinate, supervise and control the construction, maintenance, improvement and repair of roads, bridges, other engineering and public works projects of the City;

(4)Provide engineering services to the City, including investigations and surveys, engineering designs, feasibility studies and project management; and (5) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991; and those that are prescribed by law or ordinance.

Section 35. The City Health Officer

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

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

(c)The city health officer shall take charge of the office of the city health services, and shall:

(1)Supervise the personnel and staff of the said office, formulate program implementation guidelines and rules and regulations for the operation of the said office for the approval of the city mayor in order to assist him in the efficient, effective and economical implementation of health service program geared to implement health related projects and activities;

(2)Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out activities to ensure the delivery of basic services and the provision of adequate facilities relative to health services as provided for under Section 17 of the Local Government Code of 1991;

(3)Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with health programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide for under the Local Government Code of 1991;

(4)In addition to the foregoing duties and functions, the city health officer shall:

(i)Formulate and implement policies, plans and projects to promote the health of the people in the City;

(ii)Advise the city mayor and the sangguniang panlungsod on matters pertaining to health;

(iii)Execute and enforce all laws, ordinances and regulations relating to public health;

(iv)Recommend to the sangguniang panlungsod through the local health board, ,the passage of such ordinance as he may deem necessary for the preservation of public health;

(v)Recommend the prosecution of any violation of sanitary laws, ordinances or regulations;

(vi)Direct the sanitary inspection of all business establishments, stores selling food items or providing accommodations such as hotels, motels, local houses, pension houses and the like, in accordance with the Sanitation Code of the Philippines;

(vii)Conduct health information campaigns and render health intelligence services;

(viii)Coordinate with other government agencies and nongovernment organizations involved in the promotion and delivery of health services; and (ix) Be in the frontline of the delivery of health services, particularly during and in the aftermath of man-made and natural disasters or calamities; and (5) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 36. The City Civil Registrar

(a)The city civil registrar must be a citizen of the Philippines, a resident of the City of Biñan, of good moral character, a holder of a college degree from a recognized college or university. and a first grade civil service eligible or its equivalent. He must have acquired experience in civil registry work for at least five (5) years immediately preceding the date of his appointment.

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

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

(d)The city civil registrar shall take charge of the office of the city civil registry, and shall:

(1)Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with the management and administration-related programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide for under the Local Government Code of 1991; and (2) In addition to the foregoing duties and functions, the city civil registrar shall:

(i)Accept all registrable documents and judicial decrees affecting the civil status of per sons;

(ii)File, keep and preserve in a secure place the books required by law;

(iii)Transcribe and enter immediately upon receipt all registrable documents and judicial decrees affecting the civil status of per sons in the appropriate civil registry books;

(iv)Transmit to the office of the civil registrar, within the prescribed period, duplicate copies of registered documents required by law;

(v)Issue certified transcripts or copies of any certificate or registered documents upon payment of the required fees to the city treasurer;

(vi)Receive application for the issuance of a marriage license and, after determining that the requirements and supporting certificates and publication thereof for the prescribed period have been complied with, issue the license upon payment of the authorized fee to the city treasurer; and (vii) Coordinate with the National Statistics Office (NSO) in conducting educational campaigns for vital registration and assist in the preparation of demographic and other statistics for the City of Biñan; and (3) Performs such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 37. The City Administrator

(a)The city administrator must be a citizen of the Philippines, a resident of the City of Biñan, of good moral character, a holder of a college degree preferably in public administration 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.

(b)The term of the city administrator is coterminous with that of his appointing authority.

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

(d)The city administrator shall take charge of the city administrator's office, and shall:

(2)Be in the frontline of the delivery of administrative support services, particularly those related to the situations during and in the aftermath of man-made and natural disasters or calamities;

(3)Recommend to the saogguniang panlungsod and advise the city mayor on all matters relative to the management and administration of the City; and (4) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991. and those that are prescribed by law Or ordinance.

Section 38. The City Legal Officer

(a)The city legal officer must be a citizen of the Philippines, a resident of the City of Biñan, of good moral character and a member of the Philippine Bar. He must have practiced his profession for at least five (5) years immediately preceding the date of his appointment.

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

(c)The city legal officer, the chief legal counsel of the City, shall take charge of the office of the city legal service, and shall:

(1)Formulate measures for the consideration of the sangguniang panlungsod and provide legal assistance and support to the city mayor in carrying out the delivery of basic services and the provision of adequate facilities;

(2)Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with the programs and projects related to legal services which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

(3)Recommend measures to the sangguniang panlungsod and advise the city mayor on all matters related to upholding the rule of law;

(4)Be in the frontline of protecting human rights and prosecuting any violation thereof, particularly those which occur during and in the aftermath of man-made and natural disasters or calamities; and (5) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 39. 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 Biñan, of good moral character, a licensed social worker or a holder of a college degree preferably in social work 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 the practice of social work for at least five (5) years immediately preceding the date of his appointment.

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

(c)The city social welfare and development officer shall take charge of the office of the social welfare and development, and shall:

(1)Formulate measures for the approval of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to social we1fare and development services;

(2)Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have, to do with social welfare programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

(3)Be in the frontline of the delivery of services particularly those which have to do with the immediate relief and assistance during and in the aftermath of man-made and natural disasters or calamities;

(4)Recommend to the sangguniang panlungsod and advise the city mayor on all other matters related to social welfare and development services which will improve the livelihood and the living conditions of the inhabitants; and (5) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 40. The City Veterinarian

(a)The city veterinarian must be a citizen of the Philippines, a resident of the City of Biñan of good moral character and a licensed doctor of veterinary medicine. He must have practiced his profession for at least three (3) years immediately preceding the date of his appointment.

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

(c)The city veterinarian shall take charge of the office of the veterinary services, and shall:

(1)Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities;

(2)Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with veterinary-related activities which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

(3)Be in the frontline of veterinary-related activities, such as the outbreak of highly-contagious and deadly diseases, and in situations resulting in the depletion of animals for work and for human consumption, particularly those arising from and in the aftermath of human made and natural disasters or calamities (4) Recommend to the sangguniang panlungsod and advise the city mayor on all other matters relative to veterinary services which will increase the number and improve the quality of livestock, poultry and other domestic animals used for work or for human consumption; and (5) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 41. The City General Services Officer

(a)The city general services officer ill ust be a citizen of the Philippines, a resident of the City of Biñan, 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 the management of supply, property, solid waste disposal and general sanitation for at least three (3) years immediately preceding the date of his appointment.

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

(c)The city general services officer shall take charge of the office of the general services, and shall:

(2)Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with general services supportive of the welfare of the inhabitants of the City which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

(3)Take custody of and be accountable for all properties, real or personal, owned by the City and those granted to it in the form of donation, reparation, assistance and counterpart of joint projects;

(4)Be in the frontline of general services-related activities, such as the possible and imminent destruction or damage to records, supplies, properties and structure materials or debris, particularly during and in the aftermath of man-made and natural disasters or calamities;

(5)Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to general services; and (6) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 42. 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 Biñan, of good moral character, a holder of a college degree preferably in environment, forestry, agriculture 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 environment and natural resources management, conservation and utilization work for at least five (5) years immediately preceding the date of his appointment.

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

(c)The city environment and natural resources officer shall take charge of the city environment service department, and shall:

(1)Formulate measures for the consideration of the sangguniang panlungsod and provide assistance and support to the city mayor in carrying out measures to ensure, the delivery of basic services and the provision of adequate facilities relative to environment and natural resources services provided for under Section 17 ofthe Local Government Code of 1991;

(2)Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with the environment and natural resources programs and projects which the city mayor is empowered to implement and which the sanggunlang panlungsod is empowered to provide;

(3)Be in the frontline of the delivery of services concerning the environment and natural resources, particularly in the renewal and rehabilitation of the environment during and in the aftermath of man-made and natural disasters or calamities;

(4)Recommend measures to the sangguniang panlungsod and advise the city mayor on all matters relative to the protection, conservation, maximum utilization, application of appropriate technology and other matters related to the environment and natural resources; and (5) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 43. The City Architect

(a)The city architect must be a citizen of the Philippines l a resident of the City of Bin an, of good moral character, and a duly licensed architect. He must have practiced his profession for at least five (5) years immediately preceding the date of his appointment.

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

(c)The city architect shall take charge of the office of the architectural planning and design, and shall:

(2)Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with architectural planning and design programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide for under the Local Government Code of 1991;

(3)Be in the frontline of the delivery of services involving architectural planning and design, particularly those related to the redesigning of spatial distribution of basic facilities and physical structures during and in the aftermath of man-made and natural disasters or calamities;

(4)Recommend to the sangguniang panlungsod and advise the city mayor on all other matters relative' to architectural planning and design as it relates to the total socioeconomic development of the City; and (5) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 44. The City Information Officer

(a)The city information officer must be a citizen of the Philippines, a resident of the City of Biñan, of good moral character, a holder of a college degree preferably in journalism, mass communication or in any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience in writing articles and research papers, or writing for print, television or broadcast media for at least five (5) years immediately preceding the date of his appointment.

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

(c)The city information officer shall take c4arge of the city information and community relations department, and shall:

(1)Formulate measures for the consideration of the, sangguniang panlungsod and provide technical assistance and support to the city mayor in providing the information and research data required for the delivery of basic services and the provision of adequate facilities so that the public becomes aware of said services and may fully avail of the same;

(2)Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with public information and research data to support programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

(3)Be in the frontline in providing information during and in the aftermath of man-made and natural disasters or calamities, with special attention to the victims thereof, to help minimize injuries and casualties and after the emergency, and to accelerate relief and rehabilitation;

(4)Recommend to the sangguniang panlungsod and advise the city mayor on all other matters relative to public information and research data as it relates to the total socioeconomic development of the City; and (5) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 45. The City Cooperatives Officer

(a)The city cooperatives officer must be a citizen of the Philippines, a resident of the City of Biñan, of good moral character, a holder of a college degree preferably in business administration with special training on cooperatives or in 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 organization and management for at least five (5) years immediately preceding the date of his appointment.

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

(c)The city cooperatives officer shall take charge of the office for the development of cooperatives, and shall:

(2)Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with the integration of cooperatives principles and methods in programs which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

(3)Be in the frontline of cooperatives organization, rehabilitation or viability enhancement, particularly during and in the aftermath of man-made and natural disasters or calamities, to aid in their survival and, if necessary, subsequent rehabilitation;

(4)Recommend to the sangguniang panlungsod and advise the city mayor on all other matters relative to cooperatives development and viability enhancement which will improve the livelihood and the quality of life of the inhabitants; and (5) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 46. The City Population Officer

(a)The city population officer must be a citizen of the Philippines, a resident of the City of Biñan, 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 appointmel1t.

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

(c)The city population officer shall take charge of the office of the population development, and shall;

(1)Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and , support to the city mayor in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to the integration of the population development principles and in providing access to said services and facilities.

(2)Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with the integration of population development principles and methods in programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; and (3) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of1991, and those that are prescribed by law or ordinance.

Section 47. The City Agriculturist

(a)The city agriculturist must be a citizen of the Philippines, a resident of the City of Biñan, of good moral character, a holder of a college degree preferably in agriculture 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 practiced his profession in agriculture or acquired experience in a related field for at least five (5) years immediately preceding the date of his appointment.

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

(c)The city agriculturist shall take charge of the office of the agricultural services, and shall:

(2)Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with the agricultural programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

(3)In addition to the foregoing duties and functions, the city agriculturist, shall:

(i)Ensure that maximum assistance and access to resources in the production, processing and marketing of agricultural and aqua cultural and marine products are extended I to farmers, fishermen and local entrepreneurs;

(ii)Conduct or cause to be considered location-specific agricultural researches and assist in making available the appropriate technology arising out of and disseminating information on basic research on crops, prevention and control of plant diseases and pests, and other agricultural matters which will maximize productivity;

(iii)Assist the city mayor in the establishment and extension services of demonstration farms on aquaculture and marine products;

(iv)Enforce rules and regulations relating to agriculture and aquaculture; and (v) Coordinate with government agencies and nongovernmental organizations, which promote agricultural productivity through applied technology compatible with environmental integrity;

(4)Be in the frontline of the delivery of basic agricultural services, particularly those needed for the survival of the inhabitants during and in the aftermath of man-made and natural disasters or calamities;

(5)Recommend to the sangguniang panlungsod and advise the city mayor on all other matters related to agriculture anil aquaculture which will improve the livelihood and the living conditions of the inhabitants; and (6) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 48. The City Business Permits and Licensing Officer

(a)The city business permits and licensing officer must be a citizen of the Philippines, a resident of the City of Biñan, of good moral character, a holder of a college degree preferably in business administration or in any related course from a recognized college Or university, and a first grade civil service eligible or its equivalent. He must have experience in management for at least five (5) years immediately preceding the date of his appointment.

(b)The city business permits and licensing officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c)The city business permits and 1icensing officer shall take charge of the office for the business permits and licensing, and shall:

(1)Supervise the conduct of spot/post inspection of all business establishments, gaming and other entities requiring permits and licenses for compliance with existing laws and ordinances;

(2)Review the application for permits and licenses and recommend its approval/disapproval to the chief executive or his authorized representative; and (3) Exercise over-all supervision in the city licensing office. ARTICLE VIII THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE, THE CITY SCHOOLS DIVISION AND THE CITY PROSECUTION SERVICE

Section 49. The City Fire Station Service

There shall be established in the City at least one (1) fire station with adequate personnel, fire fighting facilities and equipment, subject to the standards, rules and regulations that may be promulgated by the Department of the Interior and Local Government (DILG). The City shall provide the necessary land or site of the station. The city fire station shall be responsible for providing emergency services such as the rescue and evacuation of injured people related to incidents and, in general, all fire prevention and suppression measures to secure the safety of life and property of the citizenry.

Section 50. The City Jail Service

(a)There shall be established and maintained in the City a secured, clean, adequately equipped and sanitary jail for the custody and safekeeping of prisoners, any fugitive from justice, or person detained awaiting investigation or trial and/or violent mentally ill person who endangers himself or the safety of others, duly certified as such by the proper medical health officer, pending the transfer to a mental institution.

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

Section 51. The City Schools Division

(a)There shall be established and maintained by the Department of Education (DepED) a city schools division of the City of Biñan whose area of jurisdiction will cover all the school districts within the City.

(b)The city schools division shall be headed by a city schools division su.verintendent who must possess the necessary qualifications required by the DepED.

Section 52. The City Prosecution Service

(a)There shall be established in the City a city 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.

(b)The city prosecutor shall handle the criminal prosecution in the municipal trial courts in the City as well as in the regional trial courts for criminal cases originating in the territory of the City, and shall render to or for the City such services as are required by law, ordinance or regulation of the DOJ. The Secretary of Justice shall always ensure the adequacy and the 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.

Section 53. Other City Officials

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

(a)The City Education Officer. - (1) The city education officer must be a citizen of the Philippines, a resident of the City o(Biñan, of good moral character, a holder of a college degree in education 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 practiced his profession for at least five (5) years immediately preceding the date of his appointment.

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

(3)The city education officer shall take charge of the city education department, and shall:

(i)Formulate measures for the consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to education;

(ii)Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with education supportive of the welfare of the inhabitants of the City which the city mayor is empowered to provide;

(iii)Liaison with teachers and principals assigned in the City as well as sit as additional member of the city school board;

(iv)Study, evaluate and recommend the allocation of the Special Education Fund (SEF); and (v) Perform such other duties and functions and exercise such other powers as may be prescribed by law or ordinance.

(b)The City Youth and Sports Development Officer. (1) The city youth and sports development officer must be a citizen of the Philippines, a resident of the City of Biñan, 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 sports development or in any related field for at least five (5) years immediately preceding the date of his appointment.

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

(3)The city youth and sports development officer shall take charge 'of the youth and sports development department, and shall:

(i)Develop plans and strategies and, upon the approval thereof by the city mayor, implement the same, particularly those which have to do with youth and sports programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; and (ii) Perform such other duties and functions and exercise such other powers as may be prescribed by law or ordinance.

(c)The City Public Safety Officer. (1) The city public safety officer must be a citizen of the Philippines, a resident of the City of Biñan, 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 public safety management for at least five (5) years immediately preceding the date of his appointment.

(2)The city public safety officer shall receive such compensation, emoluments and allowances as may determined by law.

(3)The city public safety officer shall take charge of the public safety department, and shall:

(i)Develop plans and strategies and, upon the approval thereof by the city mayor, implement the same, particularly those which have to do with public safety plans and programs which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; and (ii) Perform such other duties and functions and exercise such other powers as may be prescribed by law or ordinance.

(d)The City Tourism and Cultural Affairs Officer. (a) The city tourism and cultural affairs officer must be a citizen of the Philippines, a resident of the City of Biñan, of good moral character, a holder of a college degree and a first grade civil service eligible or its equivalent. He must have acquired experience in tourism and cultural affairs work for at least three (3) years immediately preceding the date of his appointment.

(b)The city tourism and cultural affairs officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c)The city tourism and cultural affairs officer shall take charge of the office of the city tourism and cultural affairs, and shall:

(1)Develop plans and strategies and, upon the approval thereof by the city mayor, implement the same, particularly those which have to do with tourism and cultural affairs programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

(2)Be in the frontline of the delivery of repair and reconstruction work related to tourism and cultural affairs, particularly during and in the aftermath of man-made and natural disaster or calamities;

(3)Recommend to the sangguniang panlungsod and advise the city mayor on all matters relative to the cultural affairs of the City; and (4) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

(e)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 Biñan, of good moral character, a holder of a college degree preferably in psychology or in 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 (5) years immediately preceding the date of his appointment.

(b)The city human resource development officer shall receive a minimum monthly compensation equivalent to Salary Grade twenty-five (25) 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.

(c)The city human resource development officer shall take charge of the human resource development office, and shall:

(1)Develop a human resource management program for approval by the city mayor and the sangguniang panlungsod;

(2)Assist the city mayor in implementing the City's policies and programs relative to recruitment and selection, appointments, training, promotion compensations and other personnel actions involving officials and employees of the City;

(3)Recommend to the sangguniang panlungsod and advises the city mayor on all matters relative to human resource management and development;

(4)Establish and maintain a sound personnel program for the City designed to promote career development and uphold the merit principle in the local government service;

(5)Conduct a continuing organizational development of the City. with the end in view of instituting effective administrative reforms; and (6) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance.

(f)The City Building Official. - (1) The city building official must be a citizen of the Philippines, a resident of the City of Biñan, 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 (5) years.

(2)The city building official shall receive such compensation, emoluments and allowances as may be determined by law.

(3)The city building official shall take charge of the office of the city building official, and shall:

(i)Process and take appropriate action on applications for building permits;

(ii)Oversee and ensure the proper implementation of the National Building Code and city ordinances pertaining to buildings and similar structures;

(iii)Recommend to the sangguniang panlungsod and advise the city mayor on matters involving buildings and similar structures; and (iv) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, and those that are prescribed by law or ordinance. ARTICLE IX TRANSITORY AND FINAL PROVISIONS

Section 54. Municipal Ordinances Existing at the Time of the Approval of this Act

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

Section 55. Plebiscite

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

Section 56. Officials of the City of Biñan

The present elective officials of the Municipality of Biñan 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. Appointive officials and employees of the municipality shall likewise continue exercising their functions and duties and they shall be automatically absorbed by the city government of the City of Biñan.

Section 57. Succession Clause

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

Section 58

Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province of Laguna. - The qualified voters of the City of Biñan 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 officials for the Province of Laguna.

Section 59. Jurisdiction of the Province of Laguna

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

Section 60. 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 61. Representative District

Until otherwise provided by law, the City of Biñan shall continue to be a part of the First Congressional District of the Province of Laguna.

Section 62. 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 Biñan and any of the adjoining local government units even after the effectivity of this Act.

Section 63. Applicability of Laws

The provisions of the Local Government Code of 1991, and other laws pertaining to the Province of Laguna and such laws as are applicable shall govern the City of Biñan insofar as they are not inconsistent with the provisions of this Act.

Section 64. Separability Clause

If, for any reason or reasons, any partial provisions of this Charter shall be held unconstitutional, invalid or inconsistent with the Local Government Code of 1991, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

Section 65. 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 October 6,2009 and September 28,2009, respectively.

EMMA LIRIO-REYES

Secretary of the Senate

MARILYN B. BARUA-YAP

Secretary General House of Representatives

Approved: October 30,2009

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.

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