ra 9434

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Begun and held in Metro Manila, on Monday, the twenty-fourth
day of July, two thousand six.
[REPUBLIC ACT NO. 9134 1

AN ACT CONVERTING THE MUNICIPALITY ,OF
CABADBARAN INTO A COMPONENT CITY OF THE
PROVINCE OF AGUSAN DEL NORTE TO BE KNOWN
AS THE CITY OF CABADBARAN
Be if enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:
ARTICLE I
GENERAL PROVISIONS
SECTION1. Title. - This Act shall be known as the
"Charter of the City of Cabadbaran".
SEC. 2 . The City of, Cabadbaran. - The Municipality of
Cabadbaran is hereby converted into a component city to be
known as the City of Cabadbaran, hereinafter referred to as the
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City, which shall comprise of the present territory of the

Municipality of Cabadbaran, Province of Agusan del Norte.
The foregoing provision shall be without prejudice to the
resolution by the appropriate agency or forum of any existing
boundary disputes or cases involving questions of territorial
jurisdiction between the City of Cabadbaran and its adjoining
local government units: Provided, T h a t t h e 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.
SEC.3. Corporate Powers of t h e C i t y . - The City
constitutes a political body corporate and as such is endowed
with the attributes of perpetual succession and possessed of the
powers which pertain to a municipal corporation to be exercised
in conformity with the provisions of this Charter. The City
shall have the following corporate powers:
(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
(0 To exercise such other powers, prerogatives or
authority subject to the limitations provided in this Act or laws.
SEC.4. General Powers ofthe City. -The City shall have
a common seal and may alter the same a t pleasure. It shall
exercise the powers t o levy taxes; to close and open roads,
streets, alleys, parks or squares; t o take, purchase, receive,
hold, lease, convey and dispose of real and personal property
for the interests of the City; to expropriate or condemn private
property far public use; to contract and be contracted with; to
sue and be sued; to prosecute and defend to final judgment and
execution suits wherein the City is involved or interested in;
and to exercise all the powers as are granted to corporations or
as hereinafter granted.
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SEC.5. General Welfare Clause of the City. - The City

shall exercise the powers expressly granted, those necessarily
implied therefrom, as well as powers necessary, appropriate or
incidental for its efficient and effective governance, and those
which are essential t o the promotion of the general welfare.
Within its territorial jurisdiction, the City shall ensure
and support, among other things, preserve and enrich its culture,
promote health and safety, enhance the right of the people t o a
balanced ecology, encourage and support the development of
appropriate and self-reliant scientific and technological
capabilities, improve public morals, enhance economicprosperity
and social justice, promote full employment among their
residents, maintain peace and order, and preserve the comfort
and convenience of their inhabitants.
SEC.6. Liability for Damages. -The City and its officials
shall not be exempt from liability for death or injury to persons
or damage to property.
SEC. 7. Jurisdiction ofthe City. -The jurisdiction of the
City of Cabadbaran, 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 regional trial courts and the city courts of the City of
Cabadbaran shall have concurrent jurisdiction with the regional
trial courts and metropolitan trial courts or city or municipal
trial courts of the adjoining municipalities to try crimes and
misdemeanors committed within the said drainage area o r
within said space of one hundred meters (100 m.).
The court first taking jurisdiction of such offense shall
thereafter retain exclusive jurisdiction thereof. But any license
that may be issued within the said zone, area or spaces shall be
granted by the proper authorities of the city or municipality
concerned and the fees arising therefrom shall accrue t o the
treasury of the said city or municipality concerned and n o t to
the City.
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ARTICLE I1
CITY OFFICIALS IN GENERAL
SEC. 8. The O~iciaZsof the City of Cabadbaran.- (a) "here
shall be in the City of Cabadbaran: a city mayor, a city vice
mayor, sangguniang panlungsod members, a secretary to the
sangguniang panlungsod, a city treasurer and a n assistant city
treasurer, a city assessor and a n assistant city assessor, a city
accountant, a city budget officer, a city planning and development
coordinator, a city engineer, a city heath officer, a city civil
registrar, a city administrator, a city legal officer, a city social
welfare and development officer, a city veterinarian, a city
general services officer, a city agriculturist, a city cooperatives
officer and a city building officer.
(b) In addition thereto, the city mayor may appoint an
environment and natural resources officer, a city architect, a
city information officer and a city population officer.
(c) The City shall establish a city fire station to be headed
by a city fire marshall, a city jail to be headed by a city jail
warden, a city schools division to be headed by the city schools
division superintendent and a city prosecution service to be
headed by a city prosecutor.
(d) The sangguniang panlungsod of the City may:
(1) Maintain existing offices n o t mentioned i n
subsections (a), @) and (c) hereof;
(2) Create such other offices as may be necessary to carry
out the purposes of the city government; or
(3) Consolidate the functions of any office with those of
another in the interest of efficiency and economy.
Unless otherwise provided herein, heads of departments
and offices shall be appointed by the city mayor with the
concurrence of the majority of all the sangguniang panlungsod
members, 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.
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ARTICLE I11
THE CITY MAYOR AND THE CITY VICE MAYOR
SEC.9. The City Mayor. -(a) The city mayor shall be the
chief executive of the City. He shall be elected a t large by the
qualified voters of the City. No person shall be eligible for the
position of the city mayor unless a t the time of the election:
(1) He is a t least twenty-one (21) years of age;
(2) An actual resident of the City for a t least one year
prior t o his election; and
(3) A qualified voter therein.
H e shall hold office for three years, unless sooner
removed, and shall receive a minimum monthly compensation
corresponding to Salary Grade Thirty (30) as prescribed under
Republic Act No. 6758, and the implementing guidelines issued
pursuant thereto, and such other compensation, emoluments
and allowances as may be determined by law.
(b) The city mayor, as the chief executive of the city
government, shall exercise such powers and perform such duties
and functions as provided for under the Local Government Code
of 1991 and other laws, and 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;
(E) Present the program of government and propose
policies and projects for the consideration of the sangguniang
panlungsod a t the opening of the regular session of the
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sangguniang panlungsod every calendar year and as often as

may be deemed necessary as t h e 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 the said sanggunian in the performance of its
legislative functions;
(v) Appoint all officials and employees whose salaries
and wages are wholly or mainly paid out of city funds and whose
appointments are not otherwise provided for in this Act as well
as those he may be authorized by law t o appoint, except those
who are to be appointed by the city vice mayor as provided for
in Section 9 hereof;
(vi) Represent the City in all its business transactions
and sign on its behalf all bonds, contracts and obligations and
such other documents with authority from the sangguniang
panlungsod or pursuant t o law or ordinance;
(vii) Carry out such emergency measures a s may be
necessary during and in the aftermath of man-made and natural
disasters or calamities;
(viii) Determine the time, manner and place of payment
of salaries or wages of the city officials and employees, in
accordance with law or ordinance;
(ix) Allocate and assign office space to the city officials
and employees who, by law or ordinance, are entitled to such
space in the city hall 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 by this Act, and cause t o be instituted
administrative or judicial proceedings against any official or
employee of the City whojmay have committed a n 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
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officials and employees stationed in or assigned to ihe City t o

make available 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 t o
the office of the governor within seventy-two (72) hours after
the issuance;
(xiii) Visit component barangays of the City a t least once
every six months t o deepen his understanding of the problems
and conditions, listen and give appropriate counsel t o 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;
(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
said officials and employees in t h e 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 a n 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 t o the
contrary notwithstanding;
(&) 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), the Commission on Higher Education
(CHED) or the Philippine Sports Commission (PSC); and
(xx) Submit t o the provincial governor the following
reports: an annual report containing a summary of all matters
pertinent t o 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 a t 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 t h e
governance of the City and in the exercise of its appropriate
powers, as well as implement all approved policies, programs,
projects, services and activities of the City and, in addition, shall:
(i) Ensure t h a t t h e acts of t h e city's component
barangays and of its officials and employees are within the scope
of their prescribed powers, duties and functions;
(ii) Callconventions, conferences, seminars or meetings
ofelective or appointive offkials of the City, including provincial
and national officials and employees stationed in or assigned t o
the City, a t 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 t o carry the necessary firearms within
his territorial jurisdiction;
(v) Act as the deputized representative of the National
Police Commiwion, formulate the peace and order plan of the
City and, upon its approval, implement the same; and as such,
exercise the general and operational control and supervision
over the police forces in the City in accordance with Republic
Act No. 6975; 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.
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(3) Initiate and maximize the generation of resources

and revenues and apply the same to the implementation of the
development plans, program objectives and priorities,
particularly the resources and revenues programmed for agro-
industrial development and countryside growth and progress
and, relative thereto, shall:
(i) Require each head of a n office or department to
prepare and submit an estimate of appropriations for the ensuing
calendar year, in accordance with the provisions of 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.
This also includes the issuance of licenses and permits to
gambling operations authorized bylaw, subject to the ordinance
of the sangguniang panlungsod;
(v) Issue permits, without need of approval therefor from
any national agency for the holding of activitiesfor any cliaritable
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 permit,
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, forest, marine and other resources of the City;
(viii) Provide efficient and effective property and s~ipply
management in the City and protect the funds, credits, rights
and other properties of the City; and
(ix) Institute or cause t o be instituted administrative or
judicial proceedings for violation of ordinances in the collection
of taxes, fees or 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 t h e delivery of basic services and the
provision of adequate facilities and, in addition, thereto:
(i) Ensure that the construction and repair ofroads 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 of the province; and
(ii) Coordinate the implementation of technical services,
including public works and infrastructure programs, rendered
by national offices and provincial offices.
(5) Exercise such other powers and perform such other
duties and functions as provided for under Republic Act No.
7160, otherwise known as the Local Government Code of 1991,
and those that are prescribed by law or ordinance.
SEC. 10. 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
years, unless sooner removed, and shall receive a monthly
compensation corresponding to Salary Grade Twenty-six (26)
as prescribed under RepublicAct No. 6758 and the implementing
guidelines issued p u r s u a n t thereto, a n d such o t h e r
compensation, emoluments and allowances a s may be
determined by law.
(b) The city vice mayor shall:
(1) Act as the presiding officer of the sangguniang
panlungsod and sign all warrants drawn on the city treasuryfor
all expenditures appropriated for t h e operation of t h e
sangguniang panlungsod;
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(2) Subject to civil service law, rules and regulations,

appoint all officials and employees including the secretary of
the sangguniang panlungsod, and such employees of the
individual members of the sangguniang panlungsod, except those
whose manner of appointment is 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 Republic Act No. 7160,
otherwise known as the Local Government Code of 1991, and
those that are prescribed by law or ordinance.
ARTICLE IV
THE SANGGUNIANG
PANLUNGSOD
SEC. 11. The Sangguniang Panlungsod. - (a) The
sangguniang panlungsod, the legislative body of the City, shall
be composed of the city vice mayor as the presiding officer, ten
(10) regular sanggunian members, the president of the city
chapter of the liga ng mga barangay, the president of the
panlungsod na pederasyon ng mga sangguniang kabataan and
the sectoral representatives, as members.
(b) In addition thereto, there shall be three sectoral
representatives: one from t h e women; and as shall be
determined by the sangguniang panlungsod within ninety (90)
days prior t o the holding of the local elections, one from the
agricultural or industrial workers; and one from the other
sectors, including the urban poor, the indigenous cultural
communities or disabled persons.
(c) The regular members of the sangguniang panlungsod
and the sectoral representative shall be elected in the manner
as may be provided for by law. The elective members of the
sangguniang panlungsod shall possess the qualifications as
provided for under Section 39 of Republic Act No. 7160.
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(d) They shall receive such compensation, emoluments

and allowances as may be determined by law.
(e) The sangguniang panlungsod shall:
(1) Approve ordinances and pass resolutions necessary
for a n efficient and effective city government and, relative
thereto, shall:
(i) Review all ordinances approved by the sangguniang
barangay and executive orders issued by the punong barangay
t o determine whether these a r e within t h e 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 ordinance;
(iii)Approve ordinances imposing a fine not exceeding
Five thousand pesos (P5,OOO.OO) or an imprisonment for a period
not exceeding one year, or both, a t the discretion of the court,
for violation of a city ordinance;
(iv) Adopt measures to protect the inhabitants of the City
on harmful effects of man-made and natural disasters or
calamities, and to provide relief services and assistance for
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 houses 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, t h e 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 and impose appropriate
penalties for acts which endanger the environment, such as
dynamite fishing and other forms of destructive fishing, illegal
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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 eutrophication of rivers and lakes or
of ecological imbalance;
(vii) Subject to the provisions of the Local Government
Code of 1991 and pertinent laws, determine the powers and
duties of officials and employees of the City;
(viii) Consistent with the Salary Standardization Law,
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 government;
(ix) Authorize the payment of compensation to a qualified
person not in the government service who fills in a temporary
vacancy in a concurrent capacity a t the rate authorized by law;
(x) Provide a mechanism and appropriate funds therefor,
to ensure the safety and the protection of all city government
properties, public documents or records such as those relating
to property inventory, land ownership, record of births,
marriages, deaths, assessments, taxation, accounts, business
permits and such other records and documents of public interest
in the offices and departments of the city government;
(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 officials stationed in or assigned to
the City;
(xii) Provide legal assistance to city and barangay officials,
including the members of the city police whom, i n the
performance of their official duties or in the occasion thereof,
have to initiate judicial proceedings or defend themselves against
legal actions. The sangguniang panlungsod may authorize the
city mayor to engage the services of private counsel for this
purpose; and
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(xiii) Providt for group insurance or additional insurance

coverage for all officials, including members of barangay tanod
brigades and other service units, with public or private insurance
companies, when the Fiances of the city government allows
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 tu law, in order t o promote the general welfare of
the City and its inhabitants;
(ii) Subject to the provisions of Book I1 of the Local
Government Code of 1991 and the applicable laws and, upon
the majority vote of all t h e members of the sangguniang
panlungsod, enact ordinances levying taxes, fees and charges,
prescribing the rates thereof for genera1 and specific purposes
and granting tax exemption, incentive or relief;
(iii) Subject to the provisions of Book I1 of the Local
Government Code of 1991and, 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, The application for loans or other forms of
indebtedness and the terms and conditions thereof shall, before
approval, be published in a newspaper of general circulation in
the City. Once approved, the contract covering the loans or
other forms of indebtedness shall be furnished to any city resident
requesting a copy thereof, upon payment of reasonable fees;
(iv) Subject t o the provisions of Book I1 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. The authorization to float bonds
and other instruments of indebtedness shall be published in a
newspaper of general circulation in the City. Once approved,
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the contract covering the floating of bonds or nther instruments

of indebtedness shall be furnished to any city resident requesting
a copy thereof upon payment of reasonable fees;
(v) Appropriate funds for t h e construction and
maintenance or the rental of the 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
the 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 of 1991;
(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 fire
limits or zones in accordance with the provisions of the Fire
Code;
(x) Subject to national law, process and approve
subdivision plans for residential, commercial or industrial
purposes and other development purposes, and 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 thereot
(xi) Subject to the provisions of Book I1 of the Local
Government Code of 1991, grant the exclusive privilege of
constructing fish corrals or fish pens or the taking or catching
of bangus fry or kawag-kawag, or fry of any species of fish within
the city waters;
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(xii) With the concurrence of a t least two-thirds (2/3) vote

of all the members of the sangguniang panlungsod, grafit tax
exemptions, incentives or reliefs t o entities engaged in
community growth-inducingindustries, subject to the provisions
of the Local Government Code of 1991;
(xiii)Grant loans or provide grants to other local
government units or t o national, provincial and city charitable,
benevolent or educational institutions: Provided, That said
institutions are operated and maintained within the City;
(xiv) Regulate the numbering of residential, commercial
and other buildings; and
(xv) Regulate the inspection, weighing and measuring of
articles of commerce.
(3) Subject to the provisions of the Local Government
Code of 1991, enact ordinances granting franchises and
authorizing the issuance of permits or licenses, upon such
conditions and for such purposes intended to promote the general
welfare of the inhabitants of the City and, pursuant to this
legislative authority, shall:
(i) Fix and impose reasonable fees and charges for all
services rendered by the city government to private persons or
entities ;
(ii) Regulate andfor 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;
(E)Provide for and set the terms and conditions under
which the 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 a t the place or places where the
profession or business advertised thereby is, in whole or in part,
conducted;
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(v) Any law t o the contrary notwithstanding, authorize

and license the establishment, operation and maintenance of
cockpits and regulate cockiiihtings and the commercial breeding
of gamecocks: Prouided, "hat existing rights should not be
prejudiced;
(vi) Subject to t h e guidelines prescribed by t h e
Department of Transportation and Communications, 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 as may be allowed by existing laws: Provided, That
cooperatives shall be given preference in the grant of such
franchise.
(4) Regulate activities relative t o 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) With the concurrence of a majority of the members
of the sangguniang panlungsod, a quorum being present, deny
the entry of legalized gambling by ordinance into any part of
the City or regulate its location in the City;
(iii) 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 thereot or, upon
failure t o comply with said requirement, have the work done a t
the expense of the owner, administrator or tenant concerned,
or require the filling up of any land or premises to a grade
necessary for proper sanitation;
(iv) Regulate the disposal of clinical and other wastes from
hospitals, clinics and other similar establishments;
(v) Regulate the establishment, operation a n d
maintenance of cafes, restaurants, beerhouses, hotels, motels,
inns, pension houses, lodging houses and other similar
establishments, including tourist guides and transports;
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(vi) Regulate the sale, giving away or dispeming of any

intoxicating malt, uino, mixed or fermented liquors a t any retail
outlets;
(vii) 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;
(*)Regulate t h e establishment, operation and
maintenance of any entertainment or amusement facilities,
including the theatrical performances, circuses, billiard pools,
public dancing schools, public dance halls, sauna baths, massage
parlors and other places for entertainment and amusement;
regulate such other events or activities for amusement or
entertainment, particularly those which tend to disturb the
community or annoy the inhabitants, or require the suspension
or suppression of the same; or prohibit certain forms of
amusement or entertainment in order t o protect the social and
moral welfare of the community;
(ix) Regulate t h e establishment, operation and
maintenance of funeral parlors and burial or cremation of the
dead, subject to existing laws, rules and regulations; and
(x) Provide for the impoundhg 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.
(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 t h e establishment, maintenance,
protection and conservation of communal forest and watersheds,
tree parks, greenbelts, mangroves and other similar forest
development projects;
(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;
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(iii) Authorize the establishment, maintenance and

operation by the city government of ferries, wharves and other
structure intended to accelerate productivity related to marine
and seashore or offshore activities;
(iv) Regulate the preparation and sale of meat, poultry,
fish, vegetables, fruits, fresh dairy products and other foodstuffs
for public consumption;
(v) Regulate t h e 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
encroachments or obstacles thereon and, when necessary in
the interest of public welfare, authorize the removal of
encroachments and illegal constructions in public places;
(vi) Subject to existing laws, establish and provide for
the maintenance, repair and operation of an efficient waterworks
system t o supply water for the inhabitants and to purify the
source of t h e water supply; regulate t h e construction,
maintenance, repair and use of hydrants, pumps, cisterns and
reservoirs; protect the purity and 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 and within one hundred meters
(100 m.) of the reservoir, canal, conduit, aqueduct, pumping
station or watershed used in connection with the water service;
and regulate the consumption, use or wastage of water and fix
and collect charges therefor;
(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,
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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 anduse of private water closets, privies
and other similar structures in buildings and homes;
(ix) Regulate the placing, stringing, attaching, installing,
repair and construction of all gas mains, electric telegraph and
telephone wires, conduits, meters and other apparatus; and
provide for the correction, condemnation or removal of the same
when found to be dangerous to the welfare of the inhabitants;
(x) Subject to the availability of funds and the existing
laws, rules and regulations, establish and provide for the
operation of vocational and technical schools and similar post-
secondary institutions and, with the approval of the DepEd, the
Commission on Higher Education or the Technical Education
and Skills Development Authority, as the case may be, and
subject to existing laws on tuition fees, fix and collect reasonable
tuition fees and other school charges in educational institutions
supported by the city government;
(xi) Establish a scholarship fund for the poor but deserving
students in schools located within its jurisdiction or for the
students residing within the City;
(xii) Approve measures and adopt quarantine regulations
to prevent the introduction and the spread of diseases;
(xiii) Provide for a n efficient and effective system of solid
waste and garbage collection and disposal and prohibit littering
and the placing and throwing of garbage, refuse and other filth
and wastes;
(xiv) Provide €or the care of disabled persons, paupers,
the aged, the sick, persons of unsound mind, abandoned minors,
juvenile delinquents, drug dependents, abused children and other
needy and disadvantaged persons, particularly 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;
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(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) Appropriate funds t o support the maintenance and
improvement of the provincial hospital located within the City;
(xvii) Establish a city council whose purpose is the
promotion of culture and the arts, coordinate with government
agencies and nongovernment organizations and, subject t o the
availability of funds, appropriate funds for the support and
development of the same; and
(xviii)Establish a city council for the elderly which shall
formulate policies and adopt measures mutually beneficial to
the elderly and to t h e community; provide incentives for
nongovernment agencies and entities and, subject t o 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 other powers as provided for under Republic Act
No. 7160, otherwise known as the Local Government Code of
1991, and those that are prescribed by law or ordinance.
ARTICLE V
PROCESS OF LEGISLATION
SEC. 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 the
members of each committee;
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(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 consecutive
sessions for which they may be censured, reprimanded or
excluded from the session, suspended for not more than sixty
(60) days or expelled Prouided, That the penalty of suspension
or expulsion shall require the concurrence of a t least two-thirds
(2/3) vote of all the sanggunian members: Provided, further,
That the member convicted by final judgment to imprisonment
of a t least one year for any crime involving moral turpitude
shall be automatically expelled from the sanggunian; and
(6) Such other rules as the sanggunian may adopt.
SEC. 13. Full Disclosure of Financial and Business
Interests of Sangguniang Panlungsod Members. - (a) Every
sangguniang panlungsod member shall, upon assumption to
office, make a full disclosure of his business and financial
interests. He shall also disclose any business, financial,
professional relationship o r 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, when relationship may result in conflict of
interests. Such relationship shall include:
(1) Ownership of stock or capital, or investment in the
entity or firm to 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 specific constitutional or statutory
provisions 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
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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 and submitted to the secretary of the sanggunian or
the secretary of the committee of which he is a member. The
disclosure shall, in all cases, form part of the record of the
proceedings and shall be made in the following manner:
(1) Disclosure shall be made before t h e member
participates in the deliberations on the ordinance or resolution
under consideration: Prouided, That if the member did not
participate during the deliberations,the disclosure shall be made
before voting on the ordinance or resolution on second or 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.
SEC. 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 o f regular
sessions shall be once a week for the sangguniang panlungsod.
(b) When the public interest so demands, special sessions
may be called by the city mayor or by a majority of the members
of the sanggunian.
(c) All sanggunian sessions shall be open to the public
unless a closed-door session is ordered by an affirmative vote of
a majority of the members present, there being a quorum, in
the public interest or for reasons of security, decency or morality.
No two sessions, regular or special, may be held in a single day.
(d) In the case of special sessions of the sangguniau, a
written notice t o the members shall be served personally a t 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 (213) vote of
the sanggunian members present, there being a quorum, no
other matters may be considered a t a special session except
those stated in the notice.
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(e) The sanggunian shjll keep a journal and a record of

its proceedings which may be published upon resolution of the
sangguniang panlungsod.
SEC. 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.
@) When 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 t o day
and may compel the immediate attendance of any member absent
without justifiable cause by designating a member of the
sanggunian, t o be assisted by a member or members of the
police force assigned in the territorial jurisdiction of the City of
Cabadbaran, t o arrest the absent member and present him a t
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.
SEC. 16. Approval of Ordinances. - (a) Every ordinance
enacted by the sangguniang panlungsod shall be presented to
the city mayor. If the city mayor approves the same, he shall
affix his signature on each and every page thereof; otherwise,
he shall veto it and return the same with his objections to the
sanggunian, which may proceed to reconsider the same. The
sanggunian may override the veto of the city mayor by two.
thirds (2/3) vote of all its members, thereby making the
ordinance or resolution effective for all legal intents and
purposes.
@) 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.
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SEC.17. Veto Power of the City Mayor. 2 (a) The city

mayor may veto any ordinance of the sangguniang panlungsod
on the ground that it is ultra uires or prejudicial to the public
welfare, stating his reasons thereof in writing.
(b) The city mayor shall have the power t o veto any
particular item or items of an appropriations ordinance, a n
ordinance or resolution adopting a local development plan, a n y
public investment program o r an ordinance directing t h e
payment of money or creating liability. In such case, the veta
shall not affect the item or items which are not objected to.
The vetoed item or items shall not take effect unless t h e
sangguniang panlungsod overrides the veto in the manner
herein provided; otherwise, t h e item or items in t h e
appropriations ordinance of the previous year corresponding to
those vetoed, if any, shall be deemed enacted.
(c) The city mayor may veta an ordinance or resolution
only once. The sanggunian may override the veto of the city
mayor by two-thirds (2/3) vote of all its members, thereby making
the ordinance effective even without the approval of the city
mayor.
SEC. 18. Review of City Ordinances by the Sangguniang
Punlalawigan. - (a) Within three days after approval, the
secretary to the sangguniang panlungsod shall forward to the
sangguniang panlalawigan for review copies of approved
ordinances and resolutions approving the local development
plans and the public investment programs formulated by t h e
local development councils.
6) 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 th.at such an
ordinance or resolution is beyond the power conferred upon the
sangguniang panlungsod concerned, it shall declare such
26
ordinance or resolution invalid in w h d e or i n 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, t h e same shall be presumed
consistent with law and therefoke valid.
SEC. 19. Review of B a r a n g a y O r d i n a n c e s by the
Sangguniang Panlungsod. -(a) Within ten (10) days after its
enactment, the sangguniang barangay shall furnish copies of
all barangay ordinances to the sangguniang panlungsod for
review as to whether the ordinance is consistent with law and
city ordinances.
(b) If the sangguniang panlungsod fails to take action on
barangay ordinances within thirty (30) days from receipt thereof,
the same shall be deemed approved.
(c) If the sangguniang panlungsod finds the barangay
ordinances inconsistent with law or city ordinances, the
sangguniang panlungsod shall, within thirty (30) days from
receipt thereof, return the same with its comments and
recommendations to the sangguniang barangay concerned for
adjustment, amendment or modification; in which case, the
effectivity of the barangay ordinance is suspended until such
time as the revision called for is effected.
SEC. 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 the disapproval thereof shall be
sufficient ground for the suspension or dismissal of the official
or employee concerned.
SEC.21. Effectivity of Ordinances and Resolutions. -(a)
Unless otherwise stated in the ordinance 'or the resolution
approving the local government 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 a t the entrance
of the City Hall of Cabadbaran and in a t least two other
conspicuous places in the City of Cabadbaran.
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(b) The secretary of the sangg,ypiang panlungsod shall

cause the posting of an ordinance or resolution in the bulletin
board a t the entrance of the City Hall of Cabadbaran and in a t
least two conspicuous places in the City of Cabadbaran not later
than five days after approval thereof.
T h e text of t h e ordinance o r resolution s h a l l be
disseminated and posted in Filipino or English and in the
language or dialect understood by the majority of the people in
the City, and the secretary of the sangguniang panlungsod shall
record such fact in a book kept for the purpose, stating the
dates of approval andposting.
(c) The main features of the ordinance or resolution duly
enacted or adoptedshall, in addition to beingposted, be published
once in a localnewspaper of generalcirculation within the City:
Provided, That in the absence thereof, the ordinance or
resolution shall be published in any newspaper of general
circulation: Prouided, further, That the gist of all ordinances
with penal sanctions shall also be published in a newspaper of
general circulation.
ARTICLE VI
SUCCESSION FOR ELECTIVE
CITY OFFICIALS
SEC.22. Permanent Vacancy in the Offices of the City
Mayor and the Gity Vice Mayor. - (a) If a permanent vacancy
occurs in the office of the city mayor, the city vice mayor shall
become the city mayor. If a permanent vacancy occurs in the
office of the city vice mayor, the highest ranking sangguniang
panlungsod member or, in case of his permanent incapacity,
the second highest ranking sangguniang panlungsod member
shall become the city vice mayor. If permanent vacancies occur
in both the offices of the city mayor and the city vice mayor, the
first and second highest ranking sangguniang panlungsod
members, or in case of permanent incapacity of one or both of
them, the next highest ranking sangguniang panlungsod
member or members, shall become the city mayor and city vice
mayor, respectively. Subsequent vacancies in the said offices
shall be filled in automatically by the other sanggunian members
according to their ranking as defined herein.
28
(b) A tie between or among the highest ranking

sangguniang panlungsod members shall be resolved by drawing
of lots.
(c) The successors a s defined herein shall serve only
the-unexpired terms of their predecessors.
For purposes of this Act, a permanent vacancy arises
when a n elective local official fills in a higher vacant office,
refuses to assume office, fails to qualify, dies, is removed from
office, voluntarily resigns or is otherwise permanently
incapacitated to discharge the functions of his office.
For purposes of succession as provided for in this Act,
ranking in the sanggunian shall be determined on the basis of
the proportion of votes obtained by each winning candidate to
the total number of registered voters in the City immediately
preceding local election.
SEC. 23. ' Permanent Vacancies in the Sanggunian. -
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 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 a b 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 t h e recommendation of t h e
sangguniang panlungsod, appoint a qualified person to fill in
the vacancy; and
29
(d) In case of vacancy in the representation of the youth

and the barangay in the sangguniangpanlungsod, said vacancy
shall be filled in automatically by the official next-in-rank of the
organization concerned.
SEC. 24. Temporary Vaeancy 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, t h e city vice mayor or the highest r a n k i n g
sangguniang panlungsod member shall automatically exercise
the powers and perform the duties and functions of the city
mayor, except t h e power t o 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 t h e 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 territorial jurisdiction for a period not exceeding
three consecutive days, he may designate in writing the officer-
in-charge of his office. Such authorization shall specify the
powers and functions that the local official concerned shall
exercise in the absence of the city mayor except the power to
appoint, suspend or dismiss employees.
(d) In the event, however, that the city mayor fails or
refuses to issue such authorization, the city vice mayor or the
highest ranking sangguniang panlungsod member shall have
the right to assume the powers, duties and functions of the said
office on the fourth day of absence of the city mayor, subject to
the limitations provided for in subsection (c) hereof.
(e) Except as provided above, the city mayor shall, in no
case, authorize any local official t o assume the powers, duties
and functions of the office other than the city vice mayor or the
highest ranking sangguniang panlungsod member, as the case
may be.
30
ARTICLE VI1
THE APPOINTIVEOFFTCIALS OF THE CITY:
THEIRQUALIFICATIONS, POWERS AND DUTIES
SEC. 25. The Secretary to the Sangguniang Panlungsod.
-(a) There shall be a secretary t o the sangguniang panlungsod
who should 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 t h e
sangguniang panlungsod unless he is a citizen of the Philippines,
a resident ofthe City of Cabadbaran, of good moral character, a
holder of a college degree preferably inlaw, commerce or public
administration from a recognized college or university, and a
first grade civil service eligible or its equivalent.
(c) The secretary of the sangguniang panlungsod shall
receive such compensation, emoluments and allowances as may
be determined by law.
(d) The secretary to the sangguniang panlungsod shall
take charge of the office of the sangguniang panlungsod and
shall:
(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 t o 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 in the manner as provided for under the
(4) Forward to the sangguniang panlalawigan copies of
duly approved ordinances in the manner provided for in Sections
56 and 57 under Book I of the Local Government Code of 1991;
(5) Forward t o " t h e Department of Budget and
Management (DBM) copies of appropriation ordinances passed
by the sangguniang panlungsod as provided for under Section
326 of the Local Government Code;
31
(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 t o the public during usual business hours;
(9) Translate into the dialect used by the majority of the
inhabitants, all ordinances and resolutions immediately after
their approval and cause the publication of the same together
with the original version in the manner provided for under the
(IO) Take custody of the local archives and, where
applicable, the local library and annually account for the same;
and
(11) Exercise such other powers and perform such other
duties and functions as may be prescribed by taw or ordinance
relative to his position.
SEC.26. The City Treasurer.- (a) The city treasurer shall
be appointed by the Secretary of Finance from a list of at least
three ranking eligible recommendees of the city mayor, subject
to civil service law, rules and regulations.
(b) The city treasurer shall be under the administrative
supervision of the city mayor, to yhom 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
Cabadbaran, of good moral character, a holder of a college degree
preferably in commerce, public administration or law from a
recognized college or university and a first grade civil service
eligible or its equivalent. He must have acquired experience in
treasury or accounting service for a t least five years.
(d) The city treasurer shall receive such compensation,
emoluments and allowances as may be determined by law.
32
(e) The city treasurer shall take chargc of the city

treasury office 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 p r i v a t e commercial and i n d u s t r i a l
establishments within the jurisdiction of the City in relation t o
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
SEC.27. TheAssistant City Treasurer. -(a) The assistant
city treasurer shall be appointed by the Secretary of Finance
from a list of a t least three 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, R resident of the City of
preferably in commerce, public administration or law from a
eligible or its equivalent. He must have acquired at least five
years experience in treasqry or accounting.
(c) The assistant city treasurer shall receive such
determined bylaw.
33
. (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 c0ncernin.gofficial matters relating to
the accounts of the city €reasurer or otherwise arising from the
offices of the city treasurer and the city assessor.
SEC. 28. The City Assessor. -(a) The city assessor must
be a citizen of the Philippines, a resident of the City of
preferably in civil or mechanical engineering, commerce or any
other related course from a recognized college or university
and a first grade civil service eligible or its equivalent. He
must have acquired experience in real property assessment
work or in any related field for a t least five years immediately
preceding the date of his appointment.
(h) The city assessor shall receive such compensation,
(c) The city assessor shall take charge of t h e city
assessor's office and shall:
(1) Ensure that all laws and policies governing the
appraisal and assessment of real propertiesfor 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 o f 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 t o verify and
determine whether all real properties within the City are
properly listed in the assessment rolls;
34
(7) E.;ercise the functions of appraisal and assessment

primarily for taxation purposes of all real properties in the City;
(5) Prepare a schedule of the fair market value of
different classes of real properties in accordance with the
provisions of the Local Government Code of 1991;
(9) Issue, upon the request of any interested party,
certified copies of assessment records of real properties and all
their records relative to its assessment, upon payment of a
service charge or fee t o the city treasurer;
(10) Submit every semester a report of all assessments,
cancellations and modifications of assessments to the city mayor
and the sangguniang panlungsod;
(11) Attend personally or through a n authorized
representative all sessions of the local Board of Assessment
Appeals whenever his assessment is the subject of the appeal
and present or submit any information or record in his
possession, as may be required by the Board; and
SEC. 29. The Assistant City Assessor. -(a) The assistant
city assesmr must be a citizen of the Philippines, a resident of
the City of Cabadbaran, 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 a t least three years immediately preceding the
date ofhis appointment.
(b) The assistant city assessor shall receive such
determined by law.
(c) The assistant city assessor shall assist the city
assessor and perform such other duties as the latter may assign
to him. He shall have the authority to administer oaths and all
declarations of real property for purposes of assessment.
35
SEC. 30. The City Accountant. - (a) The city accountant

must be a citizen of the Philippines, a resident of the City of
Cabadbaran, of good moral character and a certified public
accountant. He must have acquired experience in the treasury
or accounting service for a t least five years immediately
(b) The city accountant shall receive such compensation,
(c) The city accountant shall take charge of both the
office of the accounting and internal audit services and shall:
(1) Install and maintain a n 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 to
which expenditures and obligations may be properly charged;
(5) Review supporting documents before the preparation
of vouchers t o determine the completeness of requirements;
(6) Prepare statements of cash advances, liquidations,
salaries, allowances, reimbursements and remittances
pertaining to the City;
(7) Prepare statements of j o u r n a l 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;
(IO) 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;
S6
(12) Prepare jouruals and the analysesof obligations and

maintain and keep all records and reports related thereto; and
SEC.31. The City Budget Officer.- (a) The city budget
officer must be a citizen of the Philippines, a resident of the
City of Cabadbaran, 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 a t least five years
immediately preceding the date of his appointment.
(b) The city budget officer shall receive such
determined bylaw.
(e) The city budget officer shall take charge of the city
budget office 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 budget hearings;
(4) Study and evaluate budgetary implications of proposed
legislation and submit comments and recommendations thereon;
(5) Submit periodic budgetary reports to the Department
of Budget and Management;
(6) Coordinate with t h e city t r e a s u r e r , t h e c i t y
accountant and the city planning and development coordinator
for the purpose of budgeting;
37
(7) Assist the.sangguniang panlungsod in reviewing the

approved budgets of component local government units;
(8) Coordinate with the city planning and development
coordinator in the formulation of the development plan of the
City; and
those that are prescribed by law and ordinance.
SEC. 32. The C i t y P l a n n i n g a n d Development
Coordinator. - (a) The city planning and development
coordinator must be a citizen of the Philippines, a resident of
college degree preferably in urban planning, development
studies, economics, public administration or any related course
from a recognized college or university and a first grade civil
service eligible or its equivalent. He must have acquired
experience in development planning or in any related field for
a t least five years immediately preceding the date of his
appointment.
(b) The city planning and development coordinator shall
be determined bylaw.
(c) The city planning and development coordinator 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 t o 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 comprehensiveplansand other development
planning documents for t h e consideration of t h e 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 City as provided
for under the Local Government Code of 1991;
(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 functions and duties and exercise
SEC. 33. The City Engineer. -(a) The city engineer must
be a citizen of the Philippines, a resident of t h e City of
Cabadbaran, of good moral character and a licensed civil
engineer. He must have acquired experience in the practice of
his profession for a t least five years immediately preceding the
date of his appointment.
03) The city engineer shall receive such compensation,
(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 and 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;
39
(4) Provide engineering services to'the City, including

investigations and surveys, engineering designs, feasibility
studies and project management; and
SEC.34. The City Health Officer. - (a) The city health
officer must be a citizen of the Philippines, a resident of the
City of Cabadbaran, of good moral character and a licensed
medical practitioner. He must have acquired experience in the
practice of his profession for a t lerrst five years immediately
(b) The city h e a l t h officer shall receive such
compensation, emoluments and allowances as m a y 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 t o assist him in the efficient, effective
and economical implementation of health services programs
geared to implement health-related projects and activities;
(2) Formulate measures for the consideration of the
sangguniang padungsod and provide technical assistance and
support t o the city mayor in carrying out activities to ensure
the delivery of basic services and the provision of adequate
facilities relative to health services 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
(4) I n addition to the foregoing duties and functions, the
city health officer shall:
40
(i) Formulate and implement policies, plans and projects

to promote the health of the people in the City;
(ii) Advise t h e 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 ordinances 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 selling food items or providing accommodation
such as hotels, motels, lodging houses, pension houses and the
like, in accordance with the Sanitation Code;
(vii) Conduct health information campaigns and render
health intelligence services; and
(viii) Coordinate with other government agencies and
nongovernmental organizations involved in the promotion and
the delivery of health services.
(5) 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
SEC. 35. The City Ciui2 Registrar. - (a) The city civil
registrar must be a citizen of the Philippines, a resident of the
City of Cabadbaran, 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 a t least five years
41
(b) The city civil .registrar shall receive s u c h

compensation, emoluments and allowances a s m a y be
determined by law.
(c) The city civil registrar shall be responsible for the
civil registration program in the City of Cabadbaran, pursuant
to the Civil Registry Law, the Civil Code and other pertinent
laws, rules and regulations issued to implement them.
(d) The city civil registrar shall take charge of the office
of the city civil registry and shalk
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 t o provide for under the Local
(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 persons;
(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 persons in the appropriate civil registry books:
(iv) Transmit to the Office of the Civil Registrar-General,
within the prescribed period, duplicate copies of registered
documents required by law;
(v) Issue certified transcripts or copies of any certificate
or registered document upon payment of the required fees to
the city treasurer:
(vi) Receive applications 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 authorize fee to the city treasurer; and
42
(vii) Coordinate with the National Statistics Office in

conducting educational-campaigns for vital registration and
assist in the preparation of demographic and other statistics for
the City of Cabadbaran.
such other powers asprovidedfor under Republic Act No. 7160,
SEC. 36. The C i t y Administrator. - (a) The city
administrator must be a citizen of the Philippines, a resident of
college degree preferably in public administration, law or any
other related course from a recognized college or university
must have acquired experience i n management a n d
administrative work for a t least five years immediatelypreceding
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 take charge of the city
administrator's office and shall:
those which have to do with t h e management a n d
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
city administrator shall:
(i) Assist in the coordination of the work of all the officials
of the City under the supervision, direction and control of the
city mayor and, for this purpose, he may convene the chiefs of
offices and other officials of the City;
(ii) 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; and
43
(iii)Conduct a continuing organizational development of

t h e City with t h e end i n view of instituting effective
administrative reforms.
(3) Be in the frontline of the delivery of administrative
support services, particularly those related t o the situations
during and in the aftermath of man-made and natural disasters
or calamities;
(4) Recommend t o the sangguniang panlungsod and
advise the city mayor on all matters relative to the management
and administration of the City; and
SEC. 37. The City Legal Officer. -(a) The city legal officer
Cabadbaran, of good moral character and a member of t h e
Philippine Bar. He must have practiced his profession for a t
least five years immediately preceding the date of h i s
appointment.
(b) The term of the legal officer shall be coterminous
with that of his appointing authority.
(c) The city legal officer shall receive such compensation,
(d) The city legal officer, the chief legal counsel of the
City, shall take charge of the office of the city legal service and
shalt
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;
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 for under the Local Government Code of 1991;
44

city legal officer shall:
(i) Represent the City in all civil actions and special
proceedings wherein the City or any official thereof, in his official
capacity is a party: Provided, That in actions or proceedings
where the City is the adverse party to the provincial government
or to another component city or municipality, a special legal
officer may be employed to represent the adverse party;
(ii) When required by the city mayor or the sanggunian,
draft ordinances, contracts, bonds, leases and other instruments,
involving any interests of the City and provide comments and
recommendations on any instruments already drawn;
(iii) Render his opinion in writing on any question of law
when requested to do so by the city mayor or the sanggunian;
(iv) Investigate or cause to be investigated any local
official or employee for administrative neglect or misconduct in
office and recommend the appropriate action to the city mayor
or the sanggunian, as the case may be;
(v) Investigate or cause to be investigated any person,
firm or corporation holding any franchise or exercising any
public privilege for failure to comply with any term or condition
in the grant of such franchise or privilege, and recommend
appropriate action to the city mayor or sangguniang panlungsod;
(vi) When directed by the city mayor or the sanggunian,
initiate or prosecute, in the interest of the City, any civil action
on any bond, lease or other contract upon any breach or violation
thereof; and
(vi) Review and submit recommendations on ordinances
approved and executive orders issued by component units.
(4) Recommend measures to the sangguniang
panlungsod and advise the city mayor on all matters related to
upholding the rule of law;
(5) 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
45
(6) Perform such other duties and fwctions and exercise

such other powers asprovidedfor under Republic ActNo. 7160,
SEC. 38. The City Social Welfare and Development Officer.
-(a) The city social welfare and development officer must be a
citizen of the Philippines, a resident of the City of Cabadbaran,
of good moral character, a duly licensed social worker or a holder
of a college degree preferably in sociology or any other related
course from a recognized college or university and a first grade
civil service eligible or its equivalent. He must have acquired
experience in the practice of social work for a t least five years
@) The city social welfare and development officer shall
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 t h e approval of t h e
sangguniang panlungsod and provide technical assistance and
support to the city mayor in carrying out measures to ensure
facilities relative to social welfare and development services;
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) In addition t o the foregoing duties and functions, the
city social welfare and development officer shall:
(i) Identify t h e basic needs of t h e needy, t h e
disadvantaged and the impoverished and develop and implement
appropriate measures t o alleviate their problems and improve
their living conditions;
(ii) Provide relief and appropriate crisis intervention for
victims of abuse and exploitation and recommend appropriate
measures to deter further abuse and exploitation;
46
(iii) Assist the city mayor in implementing the barangay

level program for the total development and protection of
children up to six years of age;
(iv) Facilitate the implementation of welfare programs
for the differently-abled, elderly, and victims of drug addiction,
the rehabilitation of prisoners and parolees, the prevention of
juvenile delinquency and such other activities which would
eliminate or minimize the ill-effects of poverty;
(v) Initiate and support youth welfareprograms that will
enhance the role of the youth in nation-building; and
(vi) Coordinate with government agencies and
nongovernmental organizations which have for their purpose
the promotion and protection of all needy, disadvantaged,
underprivileged or impoverished groups or individuals,
particularly those identified to be vulnerable and high-risk to
exploitation, abuse and neglect.
(4) Be in the frontline of the delivery of services
particularly those which have to do with immediate relief and
assistance during and in the aftermath of man-made and natural
disasters or calamities;
advise the city mayor on all other matters related t o social
welfare and development services which will improve the
livelihood conditions of the inhabitants; and
SEC.39. The City Veterinarian.-(a) The city veterinarian
Cabadbaran, of good moral character and a licensed doctor of
veterinary medicine. He must have practiced his profession
for a t least three years immediately preceding the date of his
appointment.
(b) T h e city veterinarian shall receive such
compensation, emoluments and allowances as may be
determined by law.
47
(c) The city veterinarian shall take charge of the office

of veterinary services and shall:
facilities;
those which have to do with veterinary-related activities which
the city mayor is empowered t o implement and which the
sangguniang panlungsod is empowered to provide;
city veterinarian shall:
(i) Advise the city mayor on all matters pertaining to
the slaughter of animals for human consumption and the
regulation of slaughterhouses;
(ii) Regulate the keeping of domestic animals;
(iii) Regulate and inspect poultry, milk and dairy products
for public consumption;
(iv) Enforce all laws and regulations for the prevention
of cruelty t o animals; and
(v) Take the necessary measures to eradicate, prevent
or cure all forms of animal diseases.
(4) 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 man-made and natural disasters or
calamities;
advise the city mayor on all 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
48

SEC. 40. 17ae City General Seruices Officer.-(a) The city
general services officer must be a citizen of the Philippines, a
resident of the City of Cabadbaran, 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 ik equivalent.
He must have acquired experience in general services, including
the management of supply, solid waste disposal and general
sanitation for a t least five years immediately preceding the date
of his appointment.
(b) The city general services officer shall receive such
determined by law.
(c) The city general services officer shall take charge of
the office of the general services and shall:
facilities which require general services expertise and technical
support services;
those which have to do with the 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 for under the Local
city general services officer shall:
(i) Take custody of and be accountable for all properties,
real and personal, owned by the City and those granted t o it in
the form of donation, reparation, assistance and counterpart of
joint projects;
49
(ii) '%"h the approval of the city mayor, assign building

or land to local officials or other public officials, who bylaw, are
entitled to such space;
(iii) Recommend to the city mayor reasonable rental rates
for local government properties, whether real or personal, which
will be leased to public or private entities by the city
government;
(iv) Recommend t o the city mayor reasonable rental
rates of private properties which may be leased for the official
use of the City;
(v) Maintain and supervise janitorial, security,
landscaping and other related services in all local government
public buildings and other real property, whether owned or leased
by the City;
(vi) Collate and disseminate information regarding the
prices, shipping and other costs of supplies and other items
commonly used by the City;
(vii) Perform archival and record management with
respect to records of offices and departments of the City; and
(viii) Perform all other functions pertaining t o supply and
property management heretofore performed by the local
government treasurer and enforce policies on records creation,
maintenance and disposal.
(4) Be in t h e frontline of general services-related
activities, such as the possible or 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 t o general services;
and
50
SEC.41. The City Agriculturist. -(a) The city agriculturist

preferably in agriculture or any other related course from a
eligible or its equivalent. He must have practiced his profession
in agriculture or acquired experience in any related field for at
least five years immediately preceding t h e 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
for the agricultural services and shall:
(1) Formulate measures for t h e approval of t h e
support to the city mayor in carrying out measures t o ensure
facilities relative t o agricultural services;
(2) Develop plans and strategies and, upon appraval
those which have to do with agricultural programs and projects
(3) In addition t o the foregoing duties and functions, the
city agriculturist shall:
(i)Ensure that maximum assistance and access t o
resources in the production, processing and marketing of
agricultural and aquacultural and marine products are extended
to farmers, fisherfolk and local entrepreneurs;
(ii) Conduct or cause to be conducted location-specific
agricultural researches a n d assist in making available the
appropriate technology arising out of and disseminating
information on basic research on crops, prevention and control
of plant disease and pests, and other agricultural matters which
will maximize productivity;
51
(iii) Assist the city mayor in the establishment and the

extension services of demonstration farms or aquaculture or
marine products;
(iv) Enforce rules and regulations relating to agriculture
and aquaculture; and
(v) Coordinate with government agencies a n d
nongovernment organizations which promote agricultural
productivity through appropriate 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;
advise the city mayor on all other matters related t o agriculture
and aquaculture which will improve the livelihood and the living
conditions of the inhabitants; and
SEC. 42. The City Cooperatives Officer. - (a) The city
cooperatives officer must be a citizen of the Philippines, a resident
of the City of Cabadbaran, of good moral character, a holder of
a college degree preferably in business administration with
special training on cooperatives or any related course from a
recoghized college or university and a first grade civil service
eligible or its equivalent. He must have acquired experience in
cooperatives development for a t least five years immediately
(b) The city cooperatives officer shall receive such
determined by law.
(c) The city cooperatives officer shall take charge of the
office for the development of cooperatives and shall
62

facilities through the development of cooperatives and in
providing access to such services and facilities;
those which have to do with the integration of cooperatives
principles and methods in programs which the city mayor is
empowered t o implement and which the sangguniang
panlungsod is empowered t o provide for under the Local
city cooperatives officer shall:
(i) Assist the organization of cooperatives;
(ii) Provide technical and other forms of assistance to
existing cooperatives to enhance their viability as an economic
enterprise and social organization; and
(iii) Assist cooperatives in establishing linkages with
government agencies and nongovernment organizations
involved in the promotion and integration of the concept of
cooperatives in the livelihood of the people and other community
activities.
(4) Be i n the frontline of cooperative organization,
rehabilitation or viability enhancement, particularly during and
in the aftermath of man-made and natural disasters or
calamities, and aid in their survival and, ifnecessary, subsequent
rehabilitation;
advise t h e c i t y 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
53
SEC. 43. The City Environment and NatLi:al Resources

Officer. -(a) The city environment and natural resources officer
preferably in forestry, environment, agriculture or any other
related course from a recognized college or university and a
first grade civil service eligible or its equivalent. He must have
acquired experience in the environment and natural resources
management, conservation and utilization work for a t least five
years immediately preceding the date of his appointment.
(b) The city environment and natural resources officer
shall receive such compensation, emoluments and allowances
as may be determined by law.
(c) The city environment and natural resources officer
shall take charge of the office of environment and natural
resources and shall:
sangguniang panlungsod and provide assistance and support t o
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 as provided for
under Section 17 of the Local Government Code of 1991;
those which have to do with environment and natural resources
programs and projects which the city mayor is empowered to
city environment and natural resources officer shall:
(i) Establish, maintain, protect and preserve communal
forests, watersheds, tree parks, mangroves, greenbelts,
commercial forests and similar forests projects like industrial
tree farms and agro-forestry projects;
(ii) Provide extension services to beneficiaries of forest
development projects and render assistance for natural
resources related conservation and utilization activities
consistent with ecological balance;
54
,;(iii) Promote small-scale mining and the utilization of

mineral resources, particularly the mining of gold; and
(iv) Coordinate with government agencies and
nongovernment organizations in t h e implementation of
measures t o prevent and control land, air and water pollution
with the assistance of the Department of Environment and
Natural Resources.
(4) 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;
(5) Recommend measures t o the sangguniang
panlungsod and advise the city mayor on all matters relative to
the protection of, conservation,maximum utilization, application
of appropriate technology and other matters related to the
environment and natural resources; and
those that are prescribed by law or ordinance,
SEC. 44. The City Architect. -(a) The city architect must
be a citizen of the Philippines, a resident of the City of
Cabadbaran, of good moral character and a duly licensed
architect. He must have practiced his profession for a t least
five years immediately preceding the date of his appointment.
(b) The city architect shall receive such compensation,
(c) The city architect shall take charge of the office on
architectural planning and design and shall:
(1) Formulate mefasures for the consideration of the
support to the city mayor in carrying out measures t o ensure
facilities relative to architectural planning and design;
5s

those which have to do with architectural planning and design
programs and projects which the city mayor is empowered t o
city architect shall:
(i) Prepare and recommend for the consideration of t h e
sangguniang panlungsod the architectural plan and design for
the City, or part thereof, including the renewal of slums and
blighted areas, land reclamation activities, the greening of land
and the appropriate planning of marine and foreshore areas;
)i( Review and recommend, for appropriate action of the
sangguniang panlungsod or the city mayor as the case may be,
the architectural plans and designs submitted by the government
and nongovernment entities or individuals, particularly those
for undeveloped, underdeveloped and poorly designed areas; and
(2) Coordinate with government, nongovernment
entities and individuals involved in the aesthetics and maximum
utilization of the land and water within the jurisdiction of the
City, compatible with environmental integrity and ecological
balance.
(4) Be in the frontline of t h e delivery of services
involving architectural planning and deuign, 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;
advise the city mayor on all matters relative to architectural
planning and design as it relates to the total socioeconomic
development of the City; and
SEC. 45. The City Information Officer. - (a) The city
information officer must be a citizen of the Philippines, a
resident of the City of Cabadbaran, of good moral character, a
holder of a college degree preferably in journalism, mass
communication or any related course from a recognized college
or university and a first grade civil service eligible or its
equivalent, He must have acquired experience in writing
articles, research papers or writing for print, television, broadcast
or other forms of mass media for a t least three years
(b) The city information officer shall receive such
determined bylaw.
(c) The city information officer shall take charge of the
office on public information and shall:
sangguniang panlungsod and provide assistance and support to
the city mayor in providing 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;
those which have to do with public information and research
data to support programs and projects which the city mayor is
empowered t o implement and which t h e sangguniang
panlungsod is empowered to provide;
(3) In addition to foregoing duties and functions, the city
information officer shall:
(i) Provide relevant, adequate and timely information
t o the City and its residents;
(ii) Furnish information and d a t a on the City t o
government agencies or,,offices,as may be required by law or
ordinance, and nongovernmental organizations t o be furnished
to said agencies and organizations; and
(iii) Maintain effective liaison with various sectors of the
community on matters and issues that affect the livelihood and
the quality of life of the inhabitants and encourage support for
programs of the local and national government.
(4) Be in the frontline in providing information during
and in the aftermath of man-made and natural disasters o r
calamities, with special attention t o the victims thereof, to help
minimize injuries and casualties during and after the emergency
and to accelerate relief and rehabilitation;
advise the city mayor on all matters relative to public information
and research data as it relates to the total socioeconomic
development of the City; and
(6) Perform such other duties and &unctions and exercise
SEC.46. The City Population Officer. - (a) The city
population officer must be a citizen of the Philippines, a resident
of the City of Cabadbaran, of good moral character, a holder of
a college degree preferably with specialized training i n
population development from a recognized college or university
must have acquired experience i n the implementation of
programs on population development or responsible parenthood
for at least five years immediately preceding the date of his
appointment.
(b) The city population officer shall receive such
determined by law.
(c) The city population officer shall take charge of the
office on population development and shall:
support t o the city mayor in carrying out measures to ensure
facilities relative to t h e integration of t h e population
development principles and in providing access to said services
and facilities;
58

those which have t o do with the integration of population
development principles and methods in program and projects
city population officer shall:
(i) Assist the city mayor in the implementation of the
constitutional provisions relative to population development and
the promotion of responsible parenthood
(ii) Establish and maintain an updated data bank for
program operations, development planning and an educational
program t o e n s u r e t h e people's participation i n and
understanding of population development; and
(iii) Implement appropriate training programs responsive
to the cultural heritage of the inhabitants.
ARTICLE VI11
THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE,
THE CITY SCHOOLS DIVISION AND THE CITY
PROSECUTIONSERVICE
SEC.47. The City Fire Station Service. - (a) There shall
be established in the City a t least one fire station with adequate
personnel, firefighting facilities and equipment, subject to the
standards, rules and regulations that may be promulgated by
the Department of the Interior and Local Government. The
City shall provide the necessary land or site of the station.
(b) The city fire station service shall be headed by a city
fire marshal whose qualifications shall be as those provided for
under Republic Act No. 6975, otherwise known as the Philippine
National Police Law.
59
(c) The city fire station shall be responsible for the

provision of various emergency services such as the rescue and
evacuation of injured people a t fire-related incidents and, in
general, all fire prevention and suppression measures to secure
the safety of life and property of the citizenry.
SEC. 48. The City Jail Seruice. - (a) There shall be
established and maintained in the City a secure,clean, adequately
equipped and sanitary jail for the custody and safekeeping of
prisoners, any fugitive from justice or person detained awaiting
investigation or trial and/or transfer to the national penitentiary,
and/or violent mentally ill person who endangers himself or
the safety of others, duly certified as such by the proper medical
health officer, pending the transfer to a mental institution.
(b) The city jail service shall be headed by a city jail
warden who must be a graduate of a four-year course in
psychology, psychiatry, socioiogy, 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 physical and spiritual well-being are
properly and promptly attended to. Likewise, the City shall
ensure that proper separate detention centers for juveniles and
women are provided for.
SEC. 49. Xhe City Schools Division. -(a) The DepEd shall
establish and maintain a city schools division of the City of
Cabadbaran 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 superintendent who must possess the necessary
qualifications required by the DepEd.
SEC.50. The City Prosecution Office. - (a) There shall
be established in the City a prosecution service to be headed by
a city prosecutor and such number of assistant prosecutors as
may be necessary, who shall be organizationally part of the
Department of Justice (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.
60
(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.
(c) The Secretary of Justice shall always assure the
adequacy and quality of prosecution service in the City and, for
this purpose, shall, in the absence or lack or insufficiency in
number of the city assistant prosecutors as provided hereinabove,
designate from among the assistant provincial prosecutors a
sufficient number to perform and discharge the functions of the
city prosecution service as provided hereinabove.
ARTICLE IX
TRANSITORY
AND FINAL PROVISIONS
SEC. 51. Municipal Ordinances Existing a t ths Time of
the Approval of this Act. - All municipal ordinances of the
Municipality of Cabadbaran existing a t the time of the approval
of this Act shall continue t o be in full force within the City of
Cabadbaran until the sangguniang panlungsod shall provide
otherwise.
SEC.52. Plebiscite. - The City of Cabadbaran shall
acquire corporate existence upon the ratification of its creation
by a majority of votes cast by the qualified voters in a plebiscite
to be conducted in the present Municipality of Cabadbaran within
thirty (30) days from the approval of this Act. The expenses for
such plebiscite shall be borne by the Municipality of Cabadbaran.
The Commission on Elections shall conduct and supervise such
plebiscite.
SEC. 53. Officials of the City of Cabadbaran. -The present
elective officials of the Municipality of Cabadbaran shall continue
to exercise their powers and functions until such time that a
new election is held and the duly elected officials shall have
already qualified and assumed their offices. The appointive
officials and employees of the Municipality of Cabadbaran shall
likewise continue exercising their functions and duties and they
shall be automatically absorbed by the city government o€the
City of Cabadbaran.
61
SEC.24, Succession Clause. - The City of Cabadbaran

shall succeed to all the assets, properties, liabilities and
obligations of the Municipality of Cabadbaran.
SEC. 55. Election of Provincial Governor a n d
Sangguniang Panlalawigan Members of the Province ofAgusan
del Norte. -The qualified voters of the City of Cabadbaran shall
qualify to vote and run for any elective position in the elections
for provincial governor, provincial vice governor, sangguniang
panlalawigan members and other elective officers for the
Province of Agusan del Norte.
SEC. 56. Jurisdiction of the Province ofdgusan del Norte.
-The City of Cabadbaran shall, unless otherwise provided by
law, continue to be under the jurisdiction of the Province of
Agusan del Norte.
SEC. 57. Suspension of Increase in Rates of Local Taxes.
-No increase in the rates of local taxes shall be imposed by the
City within the period of five years from its acquisition of
corporate existence.
SEC. 58. Representatiue District. - Unless otherwise
provided by law, the City of Cabadbaran shall continue to be a
part of the Second Congressional District of the Province of
Agusan del Norte.
SEC. 69. Applicability of Laws. - The provisions of
Republic Act No; 7160, otherwise known a s t h e Local
Government Code of 1991, and such laws as are applicable to
component cities shall govern the City of Cabadbaran insofar as
they are not inconsistent with the provisions of this Act.
SEC. 60. Exemption from Republic Act No. 9009. -The
City of Cabadbaran shall be exempted from t h e income
requirement prescribed under Republic Act No. 9009.
SEC. 61. Separability Clause. - If, for any reason or
reasons, any part or provision of this Charter shall be held
unconstitutional, invalid or inconsistent with the Local
Government Code of 1991, the other parts or provisions hereof
which are not affected thereby shall continue to be in full force
and effect. Moreover, in cases where this Charter is silent or
unclear, the pertinent provisions of the Local Government Code
shall govern, if so provided therein.
62
SEC. 62. Reseruation. - 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 Cabadbaran and any of the
adjoining government units even after the effectivity of this
Act.
SEC. 63. Repealing Clause. -All laws, decrees, rules and
regulations or parts thereof which are inconsistent with the
provisions of this Act are hereby repealed, amended or modified
accordingly.
SEC. 64. Effectivity. - This Act shall take effect fifteen
(15) days after its completepublication in at least two newspapers
of general and local culation.
I?
This Act which o iginated in the House of Representatives

was finally passedby tk e House of Representatives and the Senate
on February 6,2007 and February 5,2007, respectively.
a F
Secretary of e Senate
Approved:
GLORIA MACMAGAL-ARROYO
President of the Philippines

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--.

[REPUBLIC ACT NO. 9134 1

Be if enacted by the Senate and House of Representatives of the

City, which shall comprise of the present territory of the

SEC.5. General Welfare Clause of the City. - The City

sangguniang panlungsod every calendar year and as often as

officials and employees stationed in or assigned to ihe City t o

(3) Initiate and maximize the generation of resources

(2) Subject to civil service law, rules and regulations,

(d) They shall receive such compensation, emoluments

logging, smuggling of logs, smuggling of natural resources

(xiii) Providt for group insurance or additional insurance

the contract covering the floating of bonds or nther instruments

(xii) With the concurrence of a t least two-thirds (2/3) vote

(v) Any law t o the contrary notwithstanding, authorize

(vi) Regulate the sale, giving away or dispeming of any

(iii) Authorize the establishment, maintenance and

cesspools, tunnels and similar structures; regulate the placing

(xv) Establish and provide for the maintenance and

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

may tend to affect his judgment to the prejudice of the service

(e) The sanggunian shjll keep a journal and a record of

SEC.17. Veto Power of the City Mayor. 2 (a) The city

ordinance or resolution invalid in w h d e or i n part. The

(b) The secretary of the sangg,ypiang panlungsod shall

(b) A tie between or among the highest ranking

(d) In case of vacancy in the representation of the youth

(6) Furnish, upon the request of any interested party,

(e) The city treasurer shall take chargc of the city

. (d) The assistant city treasurer shall assist the city

(7) E.;ercise the functions of appraisal and assessment

SEC. 30. The City Accountant. - (a) The city accountant

(12) Prepare jouruals and the analysesof obligations and

(7) Assist the.sangguniang panlungsod in reviewing the

(4) Provide engineering services to'the City, including

(i) Formulate and implement policies, plans and projects

(b) The city civil .registrar shall receive s u c h

(vii) Coordinate with the National Statistics Office in

(iii)Conduct a continuing organizational development of

(3) In addition to the foregoing duties and functions, the

(6) Perform such other duties and fwctions and exercise

(iii) Assist the city mayor in implementing the barangay

(c) The city veterinarian shall take charge of the office

(6) Perform such other duties and functions and exercise

(ii) '%"h the approval of the city mayor, assign building

SEC.41. The City Agriculturist. -(a) The city agriculturist

(iii) Assist the city mayor in the establishment and the

(1) Formulate measures for the consideration of the

SEC. 43. The City Environment and NatLi:al Resources

,;(iii) Promote small-scale mining and the utilization of

(2) Develop plans and strategies and, upon approval

(2) Develop plans and strategies and, upon approval

(c) The city fire station shall be responsible for the

(b) The city prosecutor shall handle the criminal

SEC.24, Succession Clause. - The City of Cabadbaran

SEC. 62. Reseruation. - Nothing herein contained shall

This Act which o iginated in the House of Representatives

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