R.A. No. 8251, Charter of the City of Las Piñas
AN ACT CONVERTING THE MUNICIPALITY OF LAS PIÑAS INTO A HIGHLY-URBANIZED CITY TO BE KNOWN AS THE CITY OF LAS PIÑAS
ARTICLE I
General Provisions
Section 1. Title. — This Act shall be known as the Charter of the City of Las Piñas.
Section 2. The City of Las Piñas. — The Municipality of Las Piñas shall be converted into a highly urbanized city to be known as the City of Las Piñas, hereinafter referred to as the City, which shall comprise the present territory of the Municipality of Las Piñas in the Metropolitan Manila Area over which it has jurisdiction, bounded by the Municipality of Parañaque and the City of Muntinlupa, Metro Manila and the municipalities of Bacoor, Imus, and Dasmariñas, Cavite. Its bounds are as follows:
Northeast — Cad 299-D Parañaque Cadastre along MBM 19 of Cad 299-D to MBM 18, 17, 16, 15, 14, 13, 12 following the Parañaque River or creek to MBM 12, 11, 10, 9 to intersection of Daang Hari Road, MBM 8, all of Cad. 299-D; thence
Southeast — MCadm – 593-D Muntinlupa Cadastre from intersection of Daang Hari Road to MBM 8 (intersection of Alabang-Zapote Road and Daang Hari Road) to MBM 7 following Daang Hari to MBM 6 to MBM 5 ( = BBM 16 Muntinlupa) to MBM 4, all of Mcad 593-D; thence to
South — Imus Estate (Dasmariñas, Cavite) going west along a road to points A, B, C, D, E, F along Zapote River and Imus Estate (Imus, Cavite); thence going
Southwest — Bacoor, Cavite following Zapote River to BBM 31 to PBM 1 ( = BBM 27) to PBM 2 ( = BBM 28) to Manila Bay at mouth of Zapote River;
Northwest — Manila Bay from BBM 32 to BBM 26 to MBM 19.
Metes: Beginning from point MBM-19, CAD-299-D, 14 deg 29 min 16.2 sec N., 120 deg 58 min 53.7 sec E., in the Coastal Road;
thence to MBM-18, Cad-299-D, 14 deg 29 min 12.5 sec N., 120 deg 59 min 01.4 sec E., on Quirino Ave;
thence to MBM-17, Cad-299-D, 14 deg 29 min 08.9 sec N., 120 deg 59 min 06.3 sec E.;
thence to MBM-16, Cad-299-D, 14 deg 29 min 07.4 sec N., 120 deg 59 min 12.7 sec E., following Parañaque River;
thence to MBM-15, Cad-299-D, 14 deg 28 min 50.7 sec N., 120 deg 59 min 23.6 sec E., following Parañaque River;
thence to MBM-14, Cad-299-D, 14 deg 28 min 39.8 sec. N., 120 deg 59 min 23.1 sec E, following Parañaque River;
thence to MBM-13 Cad-299-D, 14 deg 28 min 35.6 sec N., 120 deg 59 min 37.9 sec E., following Parañaque River;
thence to MBM-12, Cad-299-D, 14 deg 27 min 31.5 sec N., 121 deg 00 min 00.7 sec E., following Parañaque River;
thence to MBM-11, Cad-299-D, 14 deg 27 min 16.7 sec N 121 deg 00 min 29.7 sec E., following Parañaque River;
thence to MBM-10, Cad-299-D, 14 deg 26 min 58.4 sec N., 121 deg 00 min 45.1 sec E.;
thence to MBM-9, Cad-299-D, 14 deg 26 min 19.1 sec N., 121 deg 00 min 59.7 sec E.;
thence to MBM-8, Cad-299-D, 14 deg 26 min 14.4 sec N., 121 deg 01 min 22.9 sec E.;
thence to MBM-8, MCadm-393-D, 14 deg 25 min 45.3 sec N., 121 deg 01 min 15.3 sec E; intersecting Alabang-Zapote Road and Daang Hari Road;
thence to MBM-7, MCadm-393-D, 14 deg 24 min 15.3 sec N., 121 deg 0.0 min 39.3 sec E., along Daang Hari Road;
thence to MBM-6, MCadm-393-D, 14 deg 23 min 28.9 sec N., 121 deg 0.0 min 30.2 sec E., along Daang Hari Road;
thence to MBM-5, MCadm-593-D, 14 deg 22 min 10.2 sec N., 121 deg 0.0 min 31.5 sec E.;
thence to MBM-4, MCadm-593-D, 14 deg 21 min 02.5 sec N., 121 deg 0.0 min 23.6 sec E.;
thence to A, 14 deg 21 min 07.5 sec N., 121 deg 0.0 min 13.4 sec E., intersection of road and Zapote River;
thence to B, 14 deg 21 min 25.5 sec N., 121 deg 0.0 min 22.0 sec E., following Zapote River;
thence to C, 14 deg 21 min 42.3 sec N., 121 deg 0.0 min 20.0 sec E., following Zapote River;
thence to D, 14 deg 22 min 19.5 sec N., 121 deg 0.0 min 22.0 sec E., following Zapote River;
thence to E, 14 deg 22 min 52.1 sec N., 121 deg 0.0 min 36.7 sec E., following Zapote River;
thence to F, 14 deg 24 min 05.0 sec N, 121 deg 0.0 min 05.0 following Zapote River;
thence to Mon. 50, Imus Estate, 14 deg 24 min 40.3 sec N., 120 deg 59 min 36.0 sec E., following Zapote River;
thence to BBM 8, MCadm-592-D, 14 deg 25 min 34.0 sec N., 120 deg 59 min 08.5 sec E., following Zapote River;
thence to BBM 31, MCadm-592-D, 14 deg 26 min 46.6 sec N., 120 deg 58 min 13.5 sec E., following Zapote River;
thence to BBM 30, MCadm-592-D, 14 deg 27 min 02.2 sec N., 120 deg 58 min 08.2 sec E., following Zapote River;
thence to PBM 1 = BBM 27, MCadm-592-D, 14 deg 27 min 52.0 sec N., 120 deg 57 min 58.0 sec E., following Zapote River;
thence to PBM 2 = BBM 28, MCadm-592-D, 14 deg 27 min 56.0 sec N., 120 deg 57 min 54.8 sec E., following Zapote River;
thence to PBM 3 = BBM 29, MCadm-592-D, 14 deg 28 min 11.0 sec N., 120 deg 58 min 06.7 sec E., following Zapote River;
thence to BBM 32; MCadm-592-D, 14 deg 28 min 39.2 sec N., 120 deg 58 min 17.2 sec E., Coastal Road;
thence to BBM 24, MCadm-592-D 14 deg 28 min 54.6 sec N., 120 deg 58 min 36.9 sec E., along Manila Bay; thence to BBM 22, MCadm-592-D, 14 deg 28 min 58.6 sec N., 120 deg 58 min 39.4 sec E., along Manila Bay;
thence to BBM 26 MCadm-592-D, 14 deg 29 min 07.0 sec N., 120 deg 58 min 46.1 sec E., along Manila Bay; thence to the point of beginning, MBM 19, Cad-299, mouth of Parañaque River;
Containing an area of approximately 3,268.6 hectares.
Area bounded by Points MBM 7, 6, 5, 4 (all of MCadm 593-D), A, B, C, D, E, F (all along Zapote River is subject to future delimitation).
The foregoing provisions shall be without prejudice to the award or resolution by the appropriate agency or forum of whatever claim that may be due to the City, or a boundary dispute that may arise or a case involving questions of territorial jurisdiction between the City of Las Piñas and any of the adjoining local government units.
Section 3. Corporate Powers of the City of Las Piñas. — The City constitutes a political body corporate and as such is endowed with the attribute of perpetual succession and possessed of the powers which pertain to a municipal corporation, to be exercised in conformity with the provisions of this charter. The City shall have the following corporate powers:
(1) To have a continuous succession in its corporate name;
(2) To sue and be sued;
(3) To have and use a corporate seal;
(4) To acquire and convey real or personal property;
(5) To enter into contracts; and
(6) To exercise such other powers as are granted to corporations, subject to the limitations provided in this Act other laws.
Section 4. General Powers of the City. — The City shall have an independent, common seal, and may alter the same at pleasure. It shall exercise the powers to levy taxes, and subject to the pertinent provisions of the Constitution, open or close roads, streets, alleys, parks or squares, or any other open space, including those of subdivisions, villages or compounds, in order to serve a public purpose. It may take, purchase, receive, hold, lease, convey, and dispose of real and personal property for the general interest of the City, condemn private property for public use, contract and be contracted with, sue and be sued, prosecute and defend to final judgment and execution suits wherein said city is a party, and exercise all the powers as are granted to corporations or as hereinafter conferred.
City Officials in General
Section 5. The Officials of the City of Las Piñas. — (a) There shall be in the City of Las Piñas a city mayor, a city vice-mayor, a sangguniang panlungsod, a sangguniang panlungsod secretary, a city treasurer, an assistant city treasurer, a city assessor, an assistant city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city social welfare and development officer, and a city general services officer.
(b) In addition thereto, the city mayor may appoint a city architect, a city information officer, a city tourism and cultural affairs officer, a city environment officer, a city cooperatives officer, a city registrar of deeds, a city land transportation officer, a city fire marshal, a city jail warden, a city prosecutor, and a city schools division superintendent.
(c) The City of Las Piñas, through the city mayor, may:
(d) Unless otherwise provided herein, all appointive city officials of the City shall be appointed by the city mayor with the concurrence of the majority of all the Sangguniang Panlungsod members, subject to the Civil Service Law, rules and regulations. The Sangguniang Panlungsod shall act on the appointment within fifteen (15) days from the date of its submission, otherwise the same shall be deemed confirmed.
ARTICLE III
The City Mayor and Vice-Mayor
Section 6. The City Mayor. — (a) The city mayor shall be the chief executive of the City. He shall be elected at large by the qualified voters of the City. No person shall be eligible for the position of city mayor unless at the time of the election he is at least twenty-three (23) years of age, an actual resident of the City for at least one (1) year prior to his election, and a qualified voter therein. He shall hold office for three (3) years, unless sooner removed, and shall receive a minimum monthly compensation corresponding to salary grade thirty (30) as prescribed under Republic Act No. 6758 and the implementing guidelines issued pursuant thereto.
(b) The city mayor, as the chief executive of the city government, shall exercise such powers and perform such duties and functions as provided herein:
(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 general welfare:
(aa) Determine the guidelines of city policies and be responsible to the Sangguniang Panlungsod for the program of government;
(bb) 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;
(cc) Present the program of government and propose policies and projects for the consideration of the Sangguniang Panlungsod at the opening of the regular session of the Sangguniang Panlungsod every calendar year and as often as may be deemed necessary as the general welfare of the inhabitants and the needs of the city government may require;
(dd) Initiate and propose legislative measures to the Sangguniang Panlungsod and, as often as may be deemed necessary, provide such information and data needed or requested by said Sanggunian in the performance of its legislative functions;
(ee) 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 to appoint;
(ff) Represent the City in all its business transactions and sign in its behalf all bonds, contracts, and obligations, and such other documents upon authority of the Sangguniang Panlungsod or pursuant to law or ordinance.
(gg) Carry out such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities;
(hh) Determine the time, manner and place of payment of salaries or wages of the officials and employees of the City, in accordance with law or ordinance;
(ii) Allocate and assign office space to city and other 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;
(jj) Ensure that all executive officials and employees of the City faithfully discharge their duties and functions as provided by law and this Act, and cause to be instituted administrative or judicial proceedings against any official or employee of the City who may have committed an offense in the performance of his official duties;
(kk) Examine the books, records and other documents of all offices, officials, agents or employees of the City and, in aid of his executive powers and authority, require all national officials and employees stationed in or assigned to the City to make available to him such books, records, and other documents in their custody, except those classified by law as confidential;
(ll) Furnish copies of executive orders issued by him to the respective council chairmen within seventy-two (72) hours after their issuance;
(mm) Visit component barangays of the City at least once every six (6) months to deepen his understanding of problems and conditions, listen and give appropriate counsel to local officials and inhabitants of general laws and ordinances which especially concern them, and otherwise conduct visits and inspections to ensure that the governance of the City will improve the quality of life of the inhabitants;
(nn) 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;
(oo) Authorize official trips of city officials and employees outside of the City for a period not exceeding thirty (30) days;
(pp) 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 official or employee in the formulation and implementation of plans, programs and projects; and, when appropriate, initiate any administrative or judicial action against a national government official or employee who may have committed an offense in the performance of his official duties while stationed in or assigned to the City;
(qq) 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 availability of funds;
(rr) Solemnize marriages, any provision of law to the contrary notwithstanding;
(ss) 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, Culture and Sports; and
(tt) Submit to the respective metropolitan authority council chairmen and to the Office of the President the following reports: an annual report containing a summary of all matters pertinent to the management, administration and development of the City and all information and data relative to its political, social, and economic conditions; and supplemental reports when unexpected events and situation arise at any time during the year, particularly when man-made or natural disasters or calamities affect the general welfare of the City.
(2) Enforce all laws and ordinances relative to the governance of the City and in the exercise of its appropriate corporate powers, as well as implement all approved policies, programs, projects, services and activities of the City:
(aa) Ensure that the acts of the City’s component barangays and of its officials and employees are within the scope of their prescribed powers, duties, and functions;
(bb) Call conventions, conferences, seminars, or meetings of elective and appointive officials and employees of the City, including national officials and employees stationed in or assigned to the City, at such time and place and on such subject as he may deem important for the promotion of the general welfare of the local government unit and its inhabitants;
(cc) Issue such executive orders for the faithful and appropriate enforcement and execution of laws and ordinances;
(dd) Be entitled to carry the necessary licensed firearm within his territorial jurisdiction;
(ee) Act as the deputized representative of the national Police Commission, formulate the peace and order plan of the City and upon its approval, implement the same; and as such, exercise general and operational control and supervision over the local police forces in the City, in accordance with Republic Act No. 6975; and
(ff) Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition, or to apprehend violators of the law when public interest so requires and the city police forces are inadequate to cope with the situation or the violators.
(3) Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities, particularly those resources and revenues programmed for industrial development and countryside growth and progress:
(aa) Require each head of an office or department to prepare and submit an estimate of appropriations for the ensuing calendar year, in accordance with the budget preparation process in accordance with the provisions of the Local Government Code;
(bb) 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;
(cc) Ensure that all taxes and other revenues of the city are collected, and that city funds are applied to the payment of expenses and settlement of obligations of the City, in accordance with law or ordinance;
(dd) 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;
(ee) Issue permits, without need of approval therefor from any national agency for the holding of activities for any charitable or welfare purpose, excluding prohibited games of chance or shows contrary to law, public policy and public morals;
(ff) 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;
(gg) Adopt adequate measures to safeguard and conserve land, mineral, marine, and other resources of the City;
(hh) Provide efficient and effective property and supply management in the City; and protect the funds, credits, rights and other properties of the City; and
(ii) Institute or cause to 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 the delivery of basic services and the provisions of adequate facilities and, in addition thereto:
(aa) Ensure that the construction and repair of roads and highways funded by the national government shall be, as far as practicable, carried out in a spatially contiguous manner and in coordination with the construction and repair of the roads and bridges of the City; and
(bb) Coordinate the implementation of technical services including public works and infrastructure programs, rendered by national offices.
(5) Perform such other duties and functions and exercise such other powers, as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.
Section 7. The City Vice-Mayor. — (a) There shall be a vice-mayor who shall be elected in the same manner as the city mayor and shall, at the time of his election, possess the same qualifications as the city mayor. He shall hold office for three (3) years, unless sooner removed, and shall receive a monthly compensation corresponding to salary grade twenty eight (28) as prescribed under Republic Act No. 6758, and the implementing guidelines issued pursuant thereto.
(b) The vice-mayor shall:
ARTICLE IV
The Sangguniang Panlungsod
Section 8. The Sangguniang Panlungsod. — (a) The Sangguniang Panlungsod, the legislative body of the City, shall be composed of the vice-mayor as presiding officer, the regular sangguniang 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 (3) sectoral representatives; one (1) from the women; and, as shall be determined by the Sangguniang Panlungsod within ninety (90) days prior to the holding of the local elections, one (1) from the commercial or industrial workers; and one (1) from the other sectors, including the urban poor, or disabled persons.
(c) The regular members of the Sangguniang Panlungsod and the sectoral representatives shall be elected in the same manner as may be provided for by law. The elective members of the Sangguniang Panlungsod shall possess the same qualifications as that of the city mayor and vice-mayor Htq7kNWkK.
(d) They shall receive such compensation, emoluments and allowances as may be determined by law kaWU.
(e) The Sangguniang Panlungsod shall:
(1) Approve ordinances and pass resolutions necessary for an efficient and effective city government and, in this connection, shall:
(aa) Review all ordinances approved by the Sangguniang Barangay and executive orders issued by the punong barangay to determine whether these are within the scope of the prescribed powers of the sanggunian and of the punong barangay;
(bb) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances;
(cc) Approve ordinances imposing a fine not exceeding Five Thousand Pesos (P5,000.00) or an imprisonment for a period not exceeding one (1) year, or both, in the discretion of the court, for the violation of a city ordinance;
(dd) Adopt measures to protect the inhabitants of the City from the harmful effects of man-made or natural disasters and calamities, and to provide relief services and assistance for victims during and in the aftermath of said disasters or calamities and in their return to productive livelihood following said events;
(ee) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent device and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications, and such other activities inimical to the welfare and morals of the inhabitants of the City;
(ff) Protect the environment and impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, smuggling of natural resources products and of endangered species of flora and fauna, and such other activities which result in pollution, acceleration of eutrophication of creeks or rivers, or of ecological imbalance;
(gg) Subject to the provisions of the Local Government Code and pertinent laws, determine the powers and duties of officials and employees of the City;
(hh) 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 expenditure necessary for the proper conduct of programs, projects, services, and activities of the city government;
(ii) Authorize the payment of compensation to a qualified person not in the government service who fills up a temporary vacancy or grant honorarium to any qualified official or employee designated to fill a temporary vacancy in a concurrent capacity at the rate authorized by law;
(jj) Provide a mechanism and the appropriate funds therefor, to ensure the safety and protection of all city government property, public documents, or records such as those relating to property inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts, business permits, and such other records and documents of public interest in the offices and departments of the city government;
(kk) When the finances of the city government allow, provide for additional allowances and other benefits to judges, prosecutors, public attorneys, public elementary and high school teachers, and other national government officials stationed in or assigned in the City;
(ll) Provide legal assistance to barangay officials who, in the performance of their official duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and
(mm) Provide for group insurance or additional insurance coverage for all barangay officials, including members of barangay tanod brigades and other service units, with public or private insurance companies, when the finances of the city government allow said coverage.
markets or slaughterhouses; or undertake such other activities within the City as may be allowed by existing laws: provided, that, cooperatives shall be given preference in the grant of such franchise.
(dd) Regulate the establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses, and other similar establishments, including tourist guides and transports;
Process of Legislation
Section 9. Internal Rules of Procedure. — (a) On the first regular session following the election of its members and within ninety (90) days thereafter, the Sangguniang Panlungsod shall adopt or update its existing rules of procedure.
(b) The rules of procedure shall provide for the following:
Section 10. Full Disclosure of Financial and Business Interest of Sangguniang Panlungsod Members. — (a) Every Sangguniang Panlungsod member shall, upon assumption to office, make a full disclosure of his business and financial interest. He shall also disclose any business, financial, or professional relationship or any relation by affinity or consanguinity within the fourth civil degree, which he may have with any person, firm or entity affected by any ordinance or resolution under consideration by the sanggunian of which he is a member, which relationship may result in conflict of interest. Such relationship shall include:
In the absence of a specific constitutional or statutory provision applicable to this situation, “conflict of interest” refers in general to one where it may be reasonably deduced that a member of a sanggunian may not act in the public interest due to some private, pecuniary or other personal considerations that may tend to affect his judgment to the prejudice of the service or the public.
(b) The disclosure required under this Act shall be made in writing and submitted to the secretary of the sanggunian and of the secretary of the committee of which he is a member. The disclosure shall, in all cases, form part of the record of the proceedings and shall be made in the following manner:
Section 11. 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 regular sessions. The minimum number of regular sessions shall be once a week for the Sangguniang Panlungsod Gj2D.
(b) When public interest so demands, special sessions may be called by the city mayor or by a majority of the members of the sanggunian uVtsbrsriP.
(c) All sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency, or morality. No two (2) sessions, regular or special, may be held in a single day.
(d) In the case of special sessions of the sanggunian, a written notice to the members shall be served personally at the member’s usual place of residence at least twenty-four (24) hours before the special session is held NgUfMfLx.
Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.
(e) The sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of the Sangguniang Panlungsod.
Section 12. Quorum. — (a) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.
(b) When there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian, to be assisted by a member
or members of the police force assigned in the territorial jurisdiction of the City of Las Piñas, to arrest the absent member and present him at the session.
(c) If there is still no quorum despite the enforcement of the immediately preceding subsection, no business shall be transacted. The presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.
Section 13. Approval of Ordinances. — (a) Every ordinance enacted by the Sangguniang Panlungsod shall be presented to the city mayor. If the city mayor approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian, which may proceed to reconsider the same. The sanggunian may override the veto of the city mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes.
(b) The veto shall be communicated by the city mayor to the sanggunian within ten (10) days; otherwise, the ordinance shall be deemed approved as if he had signed it K7AUUDk.
Section 14. Veto Power of the City Mayor. — (a) The city mayor may veto any ordinance of the Sangguniang Panlungsod on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons therefor in writing gUSYwrv.
(b) The city mayor shall have the power to veto any particular item or items of an appropriations ordinance, an ordinance or resolution adopting a local development plan and public investment program, or an ordinance directing the payment of money or creating liability. In such a case the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the Sangguniang Panlungsod overrides the veto in the manner herein provided; otherwise, the item or items in the appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be deemed reenacted zCnTE0W.
(c) The city mayor may veto an ordinance or resolution only once. The sanggunian may override the veto of the city mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the city mayor.
Section 15. Review of Barangay Ordinances by the Sangguniang Panlungsod. — (a) Within ten (10) days after its enactment, the Sangguniang Barangay shall furnish copies of the barangay ordinance to the Sangguniang Panlungsod for review as to whether the ordinance is consistent with law and city ordinances lBhqT.
(b) If the Sangguniang Panlungsod fails to take action on the barangay ordinance within thirty (30) days from receipt thereof, the same shall be deemed approved 5yFBZC.
(c) If the Sangguniang Panlungsod finds the barangay ordinance inconsistent with law or city ordinances, the Sangguniang Panlungsod shall, within thirty (30) days from receipt thereof, return the same with its comments and recommendations to the Sangguniang Barangay concerned for adjustment, amendment, or modification; in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is effected.
Section 16. Enforcement of Disapproved Ordinances or Resolutions. — Any attempt to enforce any ordinance or any resolution approving the local development plan and public investment program, after the disapproval thereof, shall be sufficient ground for the suspension or dismissal of the official or employee concerned.
Section 17. Effectivity of Ordinance or Resolution. — (a) Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted on a bulletin board at the entrance of the City Hall of Las Piñas, and in at least two (2) other conspicuous places in the City of Las Piñas 32y8.
(b) The secretary of the Sangguniang Panlungsod shall cause the posting of an ordinance or resolution on the bulletin board at the entrance of the City Hall of Las Piñas and in at least two (2) conspicuous places in the City of Las Piñas not later than five (5) days after approval thereof nZA6CyCxd.
The text of the ordinance or resolution shall be disseminated and posted in Filipino or English, and in the language or dialect understood by the majority of the people in the City, and the secretary of the Sangguniang Panlungsod shall record such fact in a book kept for the purpose, stating the dates of approval and posting sf2pR8gW.
(c) The main features of the ordinance or resolution duly enacted or adopted shall, in addition to being posted, be published once in a local newspaper of general circulation within the City: provided, that in the absence thereof, the ordinance or resolution shall be published in any newspaper of general circulation: provided, further, that the gist of all ordinances with penal sanctions shall also be published in a newspaper of general circulation.
Disqualification and Succession of Elective City Officials
Section 18. Disqualifications for Elective Public City Officials. — The following persons are disqualified from running for any elective position in the City:
Section 19. Permanent Vacancy in the Office of the City Mayor and City-Vice Mayor. — (a) If a permanent vacancy occurs in the office of the city mayor, the city vice-mayor concerned shall become the city mayor. If a permanent vacancy occurs in the office of the vice-mayor, the highest ranking Sangguniang Panlungsod member or, in case of his permanent incapacity, the second highest Sangguniang Panlungsod member, shall become the city mayor or city vice-mayor, as the case may be. Subsequent vacancies in the said offices shall be filled automatically by the other sanggunian members according to their ranking as defined herein tJqORw7Y3.
(b) A tie between or among the highest ranking Sangguniang Panlungsod members shall be resolved by the drawing of lots.
(c) The successors as defined herein shall serve only the unexpired terms of their predecessors ZEDU.
For purposes of this Act, a permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns or is otherwise permanently incapacitated to discharge the functions of his office.
For purposes of succession as provided in this Act, ranking in the sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in the City in the immediately preceding local election i8CFc7x.
Section 20. Permanent Vacancies in the Sanggunian. — Permanent vacancies in the Sangguniang Panlungsod where automatic succession as provided above does not apply shall be filled by appointment in the following manner:
Sec. 21. Temporary Vacancy in the Office of the City Mayor. — (a) When the city mayor is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the city vice-mayor, or the highest ranking Sangguniang Panlungsod member shall automatically exercise the powers and perform the duties and functions of the city mayor, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days EcDUuuqF.
(b) Said temporary incapacity shall terminate upon submission to the Sangguniang Panlungsod of a written declaration by the city mayor that he has reported back to office. In cases where the temporary incapacity is due to legal causes, the city mayor shall also submit necessary documents showing that said legal causes no longer exist.
(c) When the city mayor is traveling within the country but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the officer-in-charge of his office. Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the city mayor except the power to appoint, suspend, or dismiss employees.
(d) In the event, however, that the city mayor fails or refuses to issue such authorization, the city vice-mayor, or the highest ranking Sangguniang Panlungsod member, as the case may be, shall have the right to assume the powers, duties and functions of the said office on the fourth day of absence of the city mayor, subject to the limitations provided in subsection (c) hereof.
(e) Except as provided above, the city mayor shall in no case authorize any legal official to assume the powers, duties and functions of the office, other than the city vice-mayor, or the highest ranking member of the Sangguniang Panlungsod, as the case may be.
The Appointive Officials of the City, Their Qualifications, Powers and Duties
Section 22. The Secretary to the Sangguniang Panlungsod. — (a) There shall be a secretary to the Sangguniang Panlungsod with the rank and salary equal to a head of a department or office.
(b) No person shall be appointed secretary to the Sangguniang Panlungsod unless he is a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in law, commerce or public administration from a recognized college or university, and a first grade civil service eligible or its equivalent.
The secretary to the Sangguniang Panlungsod shall take charge of the office of the Sangguniang Panlungsod, and shall:
Section 23. The City Treasurer. — (a) The city treasurer shall be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the city mayor, subject to civil service law, rules and regulations.
(b) The city treasurer shall be under the administrative supervision of the city mayor, to whom he shall report regularly on the tax collection efforts of the City.
(c) No person shall be appointed city treasurer unless he is a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in commerce, public administration or law from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in treasury or accounting service for at least five (5) years.
(d) The city treasurer shall receive such compensation, emoluments and allowances as may be determined by law.
(e) The city treasurer shall take charge of the treasury office, and shall:
Section 24. The Assistant City Treasurer. — (a) The assistant city treasurer may be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the city mayor, subject to Civil Service Law, rules and regulations YTYpCxM9.
(b) No person shall be appointed assistant city treasurer unless he is a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in commerce, public administration or law from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired at least five (5) years experience in treasury or accounting immediately preceding the day of his appointment.
(c) The assistant city treasurer shall receive such compensation, emoluments and allowances as may be determined by law.
(d) The assistant city treasurer shall assist the city treasurer and perform such other duties as the latter may assign to him. He shall have authority to administer oaths concerning notices and notifications to those delinquent in the payment of the real property tax and concerning official matters relating to the accounts of the city treasurer or otherwise arising from the offices of the city treasurer and the city assessor.
Section 25. The City Assessor. — (a) The city assessor must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce, or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in real property assessment work or in any related field for at least five (5) years immediately preceding the day of his appointment.
(b) The city assessor shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city assessor shall take charge of the City Assessor’s Office and shall:
Section 26. The Assistant City Assessor. — (a) The assistant city assessor must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in assessment or in any related field for at least three (3) years immediately preceding the day of his appointment.
(b) The assistant city assessor shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The assistant city assessor shall assist the city assessor and perform such other duties as the latter may assign to him. He shall have the authority to administer oaths on all declarations of real property for purposes of assessment.
Section 27. The City Accountant. — (a) The city accountant must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, and a certified public accountant. He must have acquired experience in the treasury or accounting service for at least (5) years immediately preceding the day of his appointment.
(b) The city accountant shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city accountant shall take charge of both the Office on Accounting and Internal Audit Services and shall:
Section 28. The City Budget Officer. — (a) The city budget officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in accounting, economics, public administration, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in government budgeting or in any related field for at least five (5) years immediately preceding the date of his appointment.
(b) The city budget officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city budget officer shall take charge of the City Budget Office and shall:
Section 29. The City Planning and Development Coordinator. — (a) The city planning and development coordinator must be a citizen of the Philippines, a resident of City of Las Piñas, of good moral character, a holder of a college degree preferably in urban planning, development studies, economics, public administration, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in development planning or in any related field for at least five (5) years immediately preceding the date of his appointment 4yXAFODtY.
(b) The city planning and development coordinator shall receive such compensation, emoluments and allowances as may be determined by law LGs.
(c) The city planning and development coordinator shall take charge of the City Planning and Development Office and shall:
Section 30. The City Engineer. — (a) The city engineer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, and a licensed civil engineer. He must have acquired experience in the practice of his profession for at least five (5) years immediately preceding the date of his appointment 3AKe9.
(b) The city engineer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city engineer shall take charge of the City Engineering Office and shall:
Section 31. The City Health Officer. — (a) The city health officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a licensed medical practitioner. He must have acquired experience in the practice of his profession for at least five (5) years immediately preceding the date of his appointment.
(b) The city health officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city health officer shall take charge of the Office of the City Health Services and shall:
Section 32. The City Civil Registrar. — (a) The city civil registrar must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in civil registry work for at least five (5) years immediately preceding the date of his appointment.
(b) The city civil registrar shall receive such compensation emoluments and allowances as may be determined by law.
(c) The city civil registrar shall be responsible for the civil registration program in the City of Las Piñas, pursuant to the Civil Registry Law, the Civil Code, and other pertinent laws, rules and regulations issued to implement them.
(d) The city civil registrar shall take charge of the office of the City Civil Registry and shall:
Section 33. The City Administrator. — (a) The city administrator must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, holding a college degree preferably in public administration, law, or any related course from a recognized college, university, and a first grade civil service eligible or its equivalent. He must have acquired experience in management and administration work for at least five (5) years immediately preceding the date of his appointment.
(b) The city administrator shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city administrator shall take charge of the Office of the City Administrator and shall:
Section 34. The City Legal Officer. — (a) The City legal officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, and a member of the Philippine Bar. He must have practiced his profession for at least five (5) years immediately preceding the date of his appointment.
(b) The city legal officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city legal officer, the chief legal counsel of the City, shall take charge of the Office for Legal Services and shall:
Section 35. 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 Las Piñas, of good moral character, a duly licensed social worker or a college degree holder preferably in sociology. or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in the practice of social work for at least five (5) years immediately preceding the date of his appointment.
(b) The city social welfare and development officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city social welfare and development officer shall take charge of the Office on Social Welfare and Development and shall:
Section 36. The City Architect. — (a) The city architect must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, and a duly licensed architect. He must have practiced his profession for at least five (5) years immediately preceding the date of his appointment.
(b) The city architect shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city architect shall take charge of the Office of Architectural Planning and Design and shall:
Section 37. The City Information Officer. — (a) The city information officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in journalism, mass communication or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience in writing articles and research papers, or in writing for print, television or broadcast media for at least three (3) years immediately preceding the date of his appointment OrLPaF.
(b) The city information officer shall receive such compensation, emoluments and allowances as may determined by law.
(c) The city information officer shall take charge of the Media Affairs and Public Information Office and shall:
Section 38. The City Environment Officer. — (a) The city environment officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in environment, forestry, agriculture or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in environmental management, conservation, and utilization work for at least five (5) years immediately preceding the date of his appointment.
(b) The city environment officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city environment officer shall take charge of the Office on the Environment and shall:
Section 39. The City Cooperatives Officer. — (a) The city cooperatives officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in business administration with special training in cooperatives or any course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience in cooperatives organization and management for at least five (5) years immediately preceding the date of his appointment.
(b) The city cooperatives officer shall receive such compensation, emoluments and allowances as may be determined by law ICm7DFrK.
(c) The city cooperatives officer shall take charge of the Office for the Development of Cooperatives and shall:
Section 40. The City General Services Officer. — (a) The city general services officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree in public administration, business administration and management from a recognized college or university and a first grade civil service eligible or its equivalent. He must have acquired experience in general services, including management of supply, property, solid waste disposal, and general sanitation for at least five (5) years immediately preceding the date of his appointment 1C7nT.
(b) The city general services officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city general services officer shall take charge of the Office of General Services and shall:
Section 41. The City Tourism and Cultural Affairs Officer. — (a) The city tourism and cultural affairs officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree and a first grade civil service eligible or its equivalent. He must have acquired experience in tourism and cultural affairs work for at least three (3) years immediately preceding the date of his appointment.
(b) The city tourism and cultural affairs officer shall receive such compensation. emoluments and allowances as may be determined by law.
(c) The city tourism and cultural affairs officer shall take charge of the Office of Tourism and Cultural Affairs and shall:
Section 42. The City Land Transportation Officer. — (a) The city land transportation officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree and a first grade civil service eligible or its equivalent. He must have acquired experience in land transportation work for at least three (3) years immediately preceding the date of his appointment ZMaFEoLlu.
(b) The city land transportation officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city land transportation officer shall be under the direct supervision of the Land Transportation Office of the Department of Transportation and Communications, shall take charge of the City Land Transportation Office and shall:
Section 43. The City Prosecutor. — (a) The city prosecutor must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, and a member of the Philippine Bar. He must have acquired experience in handling criminal cases in court for at least three (3) years immediately preceding the date of his appointment.
(b) The city prosecutor shall receive such compensation, emoluments and allowances, as may be determined by law.
(c) The city prosecutor shall be under the direct supervision of the Department of Justice, shall take charge of the Office of the City Prosecutor and shall:
Section 44. The City Schools Division Superintendent. — (a) The city schools division superintendent must be a citizen of the Philippines, a resident of the City of Las Piñas, 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 practicing his profession in an educational institution for at least three (3) years immediately preceding the date of his appointment.
(b) The city schools division superintendent shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city schools division superintendent shall be under the direct supervision of the Department of Education, Culture and Sports, shall take charge of the Office of the City Schools Division Superintendent and shall:
Section 45. The City Fire Marshal. — (a) The city fire marshal must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, and a qualified fire marshal under Republic Act No. 6975, otherwise known as the PNP Law.
(b) The city fire marshal shall receive such compensation, emoluments and allowances as may be determined by law CyFuFB.
(c) The city fire marshal shall be under the direct supervision of the Department of the Interior and Local Government, shall take charge of the City Fire Station and shall:
Section 46. The City Jail Warden. — (a) The city jail warden must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree in psychology, psychiatry, sociology, social work or criminology from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience practicing his profession for at least three (3) years immediately preceding the date of his appointment.
(b) The city jail warden shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The city jail warden shall be under the direct supervision of the Department of the Interior and Local Government, shall take charge of the City Jail and shall:
Transitory and Final Provisions
Section 47. Municipal Ordinances. — All municipal ordinances of the Municipality of Las Piñas existing at the time of the approval of this Act shall continue to be in force within the City of Las Piñas until the Sangguniang Panlungsod shall, by ordinance, provide otherwise.
Section 48. Plebiscite. — The City of Las Piñas shall acquire corporate existence upon the ratification of its creation by a majority of the votes cast by the qualified voters in a plebiscite to be conducted in the present Municipality of Las Piñas within sixty (60) days from the approval of this Act. The expenses for such plebiscite shall be borne by the Municipality of Las Piñas. The Commission on Elections shall conduct and supervise such plebiscite.
Section 49. Officials of the City of Las Piñas. — The present elective officials of the City 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 City shall likewise continue exercising their functions and duties and they shall automatically be absorbed by the city government of the City of Las Piñas.
Section 50. Jurisdiction of Metropolitan Manila. — The City of Las Piñas shall, unless otherwise provided by law, continue to be under the jurisdiction of Metropolitan Manila.
Section 51. Legislative District. — As a highly-urbanized city, the City of Las Piñas shall have its own legislative district with the first representative to be elected in the next national election after the passage of this Act.
Section 52. Tax Moratorium. — Upon the effectivity of this Act the City of Las Piñas shall maintain a tax moratorium for five (5) years, wherein no increase in the rates of taxes shall be imposed. Furthermore it shall abide by the provisions of Republic Act Numbered 7160, otherwise known as the Local Government Code of 1991, which limit the authority of local government units in adjusting tax rates which shall not be oftener than once every five (5) years, but in no case shall such adjustment exceed ten percent (10%) of the rates fixed under the said Code.
Section 53. Moratorium on Gambling Sites. — Upon the effectivity of this Act, the City of Las Piñas shall also maintain a moratorium on the establishment of gambling sites for five (5) years, wherein no new gambling site, place or venue for cockfighting, lotto, or any other form of gambling or games of chance, shall be allowed to be built or established within the City gYoQa7iDO.
Section 54. Applicability of Laws. — The provisions of Republic Act Numbered 7160, otherwise known as the Local Government Code of 1991, Presidential Decree Numbered Eight hundred and twenty-four, and other laws pertaining to Metropolitan Manila and such laws as are applicable to highly-urbanized cities shall govern the City of Las Piñas in so far as they are not inconsistent with the provisions of this Act.
Section 55. Separability Clause. — If any part of this Act is declared unconstitutional for any reason whatsoever, such declaration shall not in any way affect the other parts or sections of this Act.
Section 56. Effectivity. — This Act shall take effect fifteen (15)days from its publication in the Official Gazette or in at least two (2) newspapers of national circulation.
Approved, February 12, 1997.