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LOCAL
GOVERNMENT CODE OF 1991 (R.A. NO. 7160)
TABLE OF CONTENTS
BOOK I. – GENERAL PROVISIONS
BOOK
II. – LOCAL TAXATION AND FISCAL MATTERS
BOOK III. – LOCAL GOVERNMENT UNITS
TITLE ONE. – THE BARANGAY
TITLE TWO. – THE MUNICIPALITY
TITLE THREE.
– THE CITY
CHAPTER 1. – Role and Creation of the City
SECTION 448.
Role of the City
SECTION 449.
Manner of Creation
SECTION 450.
Requisites for Creation
SECTION 451.
Cities, Classified
SECTION 452.
Highly Urbanized Cities
SECTION 453.
Duty to Declare Highly Urbanized Status
CHAPTER 2. – City
Officials in General
SECTION 454.
Officials of the City Government
CHAPTER 3. – Officials
and Offices Common to all Cities
SECTION 455.
Chief Executive: Powers, Duties and Compensation
Article Two. – The City Vice Mayor
SECTION 456.
Powers, Duties and Compensation
Article Three. – The Sangguniang Panlungsod
SECTION 457.
Composition
SECTION 458.
Powers, Duties, Functions and Compensation
TITLE THREE. – THE CITY
TITLE FOUR. – THE PROVINCE
CHAPTER 1. – Role and
Creation of the City
SEC. 448. Role of the City. - The city, consisting of more urbanized
and developed barangays, serves a general-purpose government for the coordination
and delivery of basic, regular and direct services and effective governance
of the inhabitants within its territorial jurisdiction.
SEC. 449. Manner of Creation.- A city may be created, divided, merged,
abolished, or its boundary substantially altered, only by an Act of Congress,
and subject to approval by a majority of the votes cast in a plebiscite
to be conducted by the Comelec in the local government unit or units directly
affected. Except as may otherwise be provided in such Act, the plebiscite
shall be held within one hundred twenty (120) days from the date of its
effectivity.
SEC. 450. Requisites
for Creation. - (a) A municipality or a cluster of barangays
may be converted into a component city if it has an average annual income,
as certified by the Department of Finance, of at least Twenty million
pesos (P20,000,000.00) for the last two (2) consecutive years based on
1991 constant prices, and if it has either of the following requisites:
(i) a contiguous
territory of at least one hundred (100) square kilometers, as certified
by the Lands Management Bureau; or
(ii) a population
of not less than one hundred fifty thousand (150,000) inhabitants, as
certified by the National Statistics Office.
Provided, That the creation thereof shall not
reduce the land area, population, and income of the original unit or units
at the time of said creation to less than the minimum requirements prescribed
herein.
(b) The territorial jurisdiction
of a newly-created city shall be properly identified by metes and bounds.
The requirement on land area shall not apply where the city proposed to
be created is composed of one (1) or more islands. The territory need
not be contiguous if it comprises two (2) or more islands.
(c) The average annual
income shall include the income accruing to the general fund, exclusive
of special funds, transfers, and non-recurring income.
SEC. 451. Cities, Classified.
- A city may either be component or highly urbanized: Provided, however,
That the criteria established in this Code shall not affect the classification
and corporate status of existing cities.
Independent
component cities are those component cities whose charters prohibit their
voters from voting for provincial elective officials. Independent component
cities shall be independent of the province.
SEC. 452. Highly Urbanized
Cities. - (a) Cities with a minimum population of two hundred
thousand (200,000) inhabitants, as certified by the National Statistics
Office, and with the latest annual income of at least Fifty Million Pesos
(P50,000,000.00) based on 1991 constant prices, as certified by the city
treasurer, shall be classified as highly urbanized cities.
(b) Cities which do not
meet the above requirements shall be considered components cities of the
province in which they are geographically located. If a component city
is located within the boundaries of two (2) or more provinces, such city
shall be considered a component of the province of which it used to be
a municipality.
(c) Qualified
voters of highly urbanized cities shall remain excluded from voting for
elective provincial officials.
Unless otherwise provided in the Constitution or this Code,
qualified voters of independent component cities shall be governed by
their respective charters, as amended, on the participation of voters
in provincial elections.
Qualified voters of cities who acquired the right to vote for
elective provincial officials prior to the classification of said cities
as highly urbanized after the ratification of the Constitution and before
the effectivity of this Code, shall continue to exercise such right.
SEC. 453. Duty to Declare
Highly Urbanized Status. - It shall be the duty of the President
to declare a city as highly urbanized within thirty (30) days after it
shall have met the minimum requirements prescribed in the immediately
preceding Section, upon proper application therefore and ratification
in a plebiscite by the qualified voters therein.
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CHAPTER 2. – City
Officials In General
SEC. 454. Officials
of the City Government. - (a) There shall be in each city a mayor,
vice mayor, sangguniang panlungsod members, a secretary to the sangguniang
panlungsod, a city treasurer, a 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 veterinarian, 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 agriculturist, a city population officer, a city environment and
natural resources officer, and a city cooperatives officer.
The appointment of a city population officer shall be optional
in the city: Provided, however, That cities which have existing population
offices shall continue to maintain such offices for a period of five (5)
years from the date of the effectivity of this Code, after which said
offices shall become optional.
(c) The sangguniang panlungsod may:
(1) Maintain existing
offices not mentioned in subsections (a) and (b) 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.
(d) 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 date of its submission, otherwise the same shall be
deemed confirmed.
(e) Elective and
appointive city officials shall receive such compensation, allowances,
and other emoluments as may be determined by law or ordinance, subject
to the budgetary limitations on personal services prescribed under Title
Five, Book II of this Code: Provided, That no increase in compensation
of the mayor, vice mayor and sangguniang panlungsod members shall take
effect until after the expiration of the full term of the said local officials
approving such increase.
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CHAPTER 3. – Officials
And Offices Common To All Cities
SEC. 455. Chief
Executive: Powers, Duties and Compensation. - (a) The city mayor,
as the chief executive of the city government, shall exercise sum powers
and perform such duties and functions as provided by this Code and other
laws.
(b) For efficient, effective
and economical governance the purpose of which is the general welfare
of the city and its inhabitants pursuant to Section 16 of this Code, the
city mayor shall:
(1) Exercise general
supervision and control over all programs, projects, services and activities
of the city government, and in this connection shall:
(i) Determine the guidelines
of city policies and be responsible to the sangguniang panlungsod for
the program of government;
(ii) Direct the formulation
of the city development plan, with the assistance of the city development
council, and upon approval thereof by the sangguniang panlungsod, implement
the same;
(iii) Present the program
of government and propose policies and projects for the consideration
of the sangguniang panlungsod at the opening of the regular session of
the sangguniang panlungsod every calendar year and as often as may be
deemed necessary as the general welfare of the inhabitants and the needs
of the city government may require;
(iv) Initiate and propose
legislative measures to the sangguniang panlungsod and as often may be
deemed necessary, provide such information and data needed or requested
by said sanggunian in the performance of its legislative functions;
(v) Appoint all officials
and employees whose salaries and wages are wholly or mainly paid out of
city funds and whose appointments are not otherwise provided for in this
Code, as well as those he may be authorized by law to appoint;
(vi) 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;
(vii) Carry out such
emergency measures as may be necessary during and in the aftermath of
man-made and natural disasters and calamities;
(viii) Determine the
time, manner and place of payment of salaries or wages of the officials
and employees of the city, in accordance with law or ordinance;
(ix) Allocate and
assign office space to 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;
(x) Ensure that all
executive officials and employees of the city faithfully discharge their
duties and functions as provided by law and this Code, and cause to be
instituted administrative or judicial proceedings against any official
or employee of the city who may have committed an offense in the performance
of his official duties;
(xi) Examine the books,
records and other documents of all offices, officials, agents or employees
of the city and, in aid of his executive powers and authority, require
all national officials and employees stationed in or assigned to the city
to make 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, to the provincial governor in the case
of component city mayors, to the Office of the President in the case of
highly urbanized city mayors, and to their respective metropolitan council
chairmen in the case of mayors of cities in the Metropolitan Manila Area
and other metropolitan political subdivisions, within seventy-two (72)
hours after their issuance;
(xiii) Visit component
barangays of the city at least once every six (6) months to deepen his
understanding of problems and conditions, listen and give appropriate
counsel to local officials and inhabitants, inform the component barangay
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 officials
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 official or employee in the formulation and implementation
of plans, programs and projects and, when appropriate, initiate an administrative
or judicial action against a national government official or employee
who may have committed an offense in the performance of his official duties
while stationed in or assigned to the city;
(xvii) Authorize payment
for medical care, necessary transportation subsistence, hospital or medical
fees of city officials and employees who are injured while in the performance
of their official duties and functions, subject to availability of funds
;
(xviii) Solemnize marriages,
any provision of law to the contrary notwithstanding;
(xix) Conduct an annual
palarong panlungsod, which shall feature traditional sports and disciplines
included in national and international games, in coordination with the
Department of Education, Culture and Sports; and
(xx) Submit to the
provincial governor, in the case of component cities, to the Office of
the President, in the case of highly-urbanized cities; to their respective
metropolitan authority council chairmen and to the President, in the case
of cities of the Metropolitan Manila Area and other metropolitan political
subdivisions, the following reports: an annual report containing a summary
of all matters pertinent to the management, administration and development
of the city and all information and data relative to its political, social
and economic conditions; and supplemental reports when unexpected events
and situations arise at any time during the year, particularly when man-made
or natural disasters or calamities affect the general welfare of the city
, province, region or country;
(2) Enforce all laws
and ordinances relative to the governance of the city and in the exercise
of the appropriate corporate powers provided for under Section 22 of this
Code, implement all approved policies, programs, projects, services and
activities of the city and, in addition to the foregoing, shall:
(i) Ensure that the
acts of the city's component barangays and of its officials and employees
are within the scope of the prescribed powers, duties and functions;
(ii) Call conventions,
conferences, seminars, or meetings of any elective and appointive officials
of the city, including provincial officials and national officials and
employees stationed in or assigned to the city, at such time and place
and on such subjects as he may deem important for the promotion of the
general welfare of the local government unit and its inhabitants;
(iii) Issue such executive
orders for the faithful and appropriate enforcement and execution of laws
and ordinances;
(iv) Be entitled to
carry the necessary firearm within his territorial jurisdiction;
(v) Act as the deputized
representative of the National Police Commission, formulate the peace
and order plan of the city and upon its approval, implement the same;
and as such exercise general and operational control and supervision over
the local police forces in the city, in accordance with R.A. 6975;
(vi) 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 as provided for
under Section 18 of this Code, particularly those resources and revenues
programmed for agro-industrial development and countryside growth and
progress and relative thereto, shall:
(i) Require each
head of an office or department to prepare and submit an estimate of appropriations
for the ensuing calendar year, in accordance with the budget preparation
process under Title Five, Book II of this Code;
(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
Title Five, Book II of this Code;
(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 settlement of obligations
of the city, in accordance with law or ordinance;
(iv) Issue licenses
and permits and suspend or revoke the same for any violation of the conditions
upon which said licenses or permits had been issued, pursuant to law or
ordinance;
(v) Issue permits,
without need of approval 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;
(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, marine, forest, and
other resources of the city;
(viii) Provide efficient
and effective property and supply management in the city; and protect
the funds, credits, rights and other properties of the city; and
(ix) Institute or
cause to be instituted administrative or judicial proceedings for violation
of ordinances in the collection of taxes, fees 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 provision of adequate facilities, as provided for
under Section 17 of this code and, in addition thereto shall:
(i) Ensure that the
construction and repair of roads and highways funded by the national government
shall be, as far as practicable, carried out in a spatially contiguous
manner and in coordination with the construction and repair of the roads
and bridges of the city , and in the case of component cities, 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 in the case of highly urbanized
and independent component cities, and by national and provincial offices
in the case of component cities; and
(5) Exercise such other
powers and perform such other duties and functions as may be prescribed
by law or ordinance.
(c) During his
incumbency, the city mayor shall hold offices in the city hall.
(d) The city mayor shall
receive minimum monthly compensation corresponding to Salary Grade thirty
(30) as prescribed under R.A. No.6758 and the implementing guidelines
issued pursuant thereto.
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ARTICLE TWO. –
The City Vice Mayor
SEC. 456.
Powers, Duties and Compensation. - (a) The city vice mayor shall:
(1) Be the presiding
officer of the sangguniang panlungsod and sign all warrants drawn on the
city treasury for all expenditures appropriated for the operation of the
sangguniang panlungsod;
(2) Subject to civil
service law , rules and regulations, appoint all officials and employees
of the sangguniang panlungsod, except those whose manner of appointment
is specifically provided in this Code;
(3) Assume the office
of the city mayor for the unexpired term of the latter in the event of
permanent vacancy as provided for in Section 44, Book I of this Code;
(4) Exercise the powers
and perform the duties and functions of the city mayor in cases of temporary
vacancy as provided for in Section 46, Book I of this Code; and
(5) Exercise such other
powers and perform such other duties as functions as may be prescribed
by law or ordinance.
(b) The city vice mayor
shall receive a monthly compensation corresponding to Salary Grade twenty
eight (28) for a highly urbanized city and Salary Grade twenty six (26)
for a component city, as prescribed under R.A. No.6758 and the implementing
guidelines issued pursuant thereto.
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ARTICLE THREE.
– The Sangguniang Panlungsod
SEC.
457. Composition. - (a) The sangguniang panlungsod, the legislative
body of the city, shall be composed of the city vice mayor as the presiding
officer, the 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 (3) sectoral representatives; one (1) from the women;
and as shall be determined by the sangguniang concerned within ninety
(90) days prior to the holding of the local elections, one (1) from the
agricultural and industrial workers; and one (1) from other sectors, including
the urban poor, indigenous cultural communities, or disabled persons.
(c) The regular members
of the sangguniang panlungsod and the sectoral representatives shall be
elected in the manner as may be provided for by law.
SEC. 458.
Powers, Duties, Functions and Compensation. - (a) The sangguniang
panlungsod, as the legislative body of the city, shall enact ordinances,
approve resolutions and appropriate funds for the general welfare of the
city and its inhabitants pursuant to Section 16 of this Code and in the
proper exercise of the corporate powers of the city as provided for under
Section 22 of this Code, and shall :
(1) Approve ordinances
and pass resolutions necessary for an efficient and effective city government,
and in this connection shall:
(i) Review all ordinances
approved by the sangguniang barangay and executive orders issued by the
punong barangay to determine whether these are within the scope of the
prescribed powers of the sanggunian and of the punong barangay;
(ii) Maintain peace
and order by enacting measures to prevent and suppress lawlessness, disorder,
riot, violence, rebellion or sedition and impose penalties for the violation
of said ordinances;
(iii) Approve ordinances
imposing a fine not exceeding Five thousand pesos (P5,000.00) 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;
(iv) Adopt measures
to protect the inhabitants of the city from the harmful effects of man-made
or natural disasters and calamities, and to provide relief services and
assistance for victims during and in the aftermath of said disasters of
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, 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,
the printing, distribution or exhibition of obscene or pornographic materials
or publications, and such other activities inimical to the welfare and
morals of the inhabitants of the city;
(vi) Protect the environment
and impose appropriate penalties for acts which endanger the environment,
such as dynamite fishing and other forms of destructive fishing, illegal
logging and 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 or eutrophication
of rivers and lakes or of ecological imbalance;
(vii) Subject to the
provisions of this Code and pertinent laws, determine the powers and duties
of officials and employees of the city;
(viii) Determine the
positions and the salaries, wages, allowances and other emoluments and
benefits of officials and employees paid wholly or mainly from city funds
and provide for expenditures necessary for the proper conduct of programs,
projects, services, and activities of the city government;
(ix) 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;
(x) Provide a mechanism
and 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;
(xi) When the finances
of the city government allow, provide for addition 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 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
(xiii) 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;
(2) Generate and
maximize the use of resources and revenues for the development plans,
program objectives and priorities of the city as provided for under Section
18 of this Code, with particular attention to agro-industrial development
and city-wide growth and progress, and relative thereto, shall:
(i) Approve the annual
and supplemental budgets of the city government and appropriate funds
for specific programs, projects, services and activities of the city,
or for other purposes not contrary to law, in order to promote the general
welfare of the city and its inhabitants;
(ii) Subject to the
provisions of Book II of this Code and applicable laws and upon the majority
vote of all the members of the sangguniang panlungsod, enact ordinances
levying taxes. fees and charges, prescribing the rates thereof for general
and specific purposes, and granting tax exemptions, incentives or reliefs;
(iii) Subject to the
provisions of Book II of this Code and upon the majority vote of all the
members of the sangguniang panlungsod, authorize the city mayor to negotiate
and contract loans and other forms of indebtedness;
(iv) Subject to the
provisions of Book II of this Code and applicable laws and upon the majority
vote of all the members of the sangguniang panlungsod, enact ordinance
authorizing the floating of bonds or other instruments of indebtedness,
for the purpose of raising funds to finance development projects;
(v) Appropriate funds
for the construction and maintenance or the rental of buildings for the
use of the city, and, upon the majority vote of all the members of the
sangguniang panlungsod, authorize the city mayor to lease to private parties
such public buildings held in a proprietary capacity, subject to existing
laws, rules and regulations;
(vi) Prescribe reasonable
limits and restraints on the use of property within the jurisdiction of
the city;
(vii) Adopt a comprehensive
land use plan for the city; Provided, That in the case of component cities,
the formulation, adoption or modification of said plan shall be in coordination
with the approved provincial comprehensive land use plan;
(viii) Reclassify land
within the jurisdiction of the city, subject to the pertinent provisions
of this Code;
(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 to collect
processing fees and other charges, the proceeds of which shall accrue
entirely to the city: Provided, however, That where approval of a national
agency or office is required, said approval shall not be withheld for
more than thirty (30) days from receipt of the application. Failure to
act on the application within the period stated above shall be deemed
as approval thereof;
(xi) Subject to the
provisions of Book II of this Code, grant the exclusive privilege of constructing
fish corrals or fish pens, or the taking or catching of bangus fry , prawn
fry or kawag-kawag, or fry of any species or fish within the city waters;
(xii) With the concurrence
of at least two-thirds (2/3) of all the members of the sangguniang panlungsod,
grant tax exemption, incentives or reliefs to entities engaged in community
growth-inducing industries, subject to the provisions Chapter 5, Title
I, Book II of this Code;
(xiii) Grant loans or
provide grants to other local government units or to national, provincial,
and city charitable, benevolent or educational institutions: Provided,
That, said institutions are operated and maintained within the city;
(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 Book II of this Code, enact ordinances granting franchises
and authorizing the issuance of permits or licenses, upon such
conditions and for such purposes intended to promote the general welfare
of the inhabitants of the city and pursuant to this legislative authority
shall:
(i) Fix and impose
reasonable fees and charges for all services rendered by the city government
to private persons or entities;
(ii) Regulate or
fix license fees for any business or practice of professions within the
city and the conditions under which the license for said business or practice
of profession may be revoked and enact ordnances levying taxes thereon;
(iii) Provide for
and set the terms and conditions under which public utilities owned by
the city shall be operated by the city government, and prescribe the conditions
under which the same may be leased to private persons or entities, preferably
cooperatives ;
(iv) Regulate the
display of and fix the license fees for signs, signboards, or billboards
at the place or places where the profession or business advertised thereby
is, in whole or in part; conducted;
(v) Any law to the
contrary notwithstanding, authorize and license the establishment, operation,
and maintenance of cockpits, and regulate cockfighting and commercial
breeding of gamecocks: Provided, That existing rights should not be prejudiced
;
(vi) Subject to the
guidelines prescribed by the Department of Transportation and Communications,
regulate the operation of tricycles and grant franchises for the operation
thereof within the territorial jurisdiction of the city; and
(vii) Upon approval
by a majority vote of all the members of the sangguniang panlungsod:
grant a franchise to any person, partnership, corporation, or cooperative
to do business within the city; establish, construct, operate and maintain
ferries, wharves, markets or slaughterhouses; or undertake such other
activities within the city as may be allowed by existing laws: Provided,
That, cooperatives shall be given preference in the grant of such franchise;
(4) Regulate activities
relative to the use of land, buildings and structures within the city
in order to promote the general welfare and for said purpose shall:
(i) Declare, prevent
or abate any nuisance;
(ii) Require that
buildings and the premises thereof and any land within the city be kept
and maintained in a sanitary condition; impose penalties for any violation
thereof or, upon failure to comply with said requirement, have the work
done at 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 sanitations;
(iii) Regulate the
disposal of clinical and other wastes from hospitals clinics and other
similar establishments;
(iv) 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:
(v) Regulate the
sale, giving away or dispending of any intoxicating malt, vino, mixed
or fermented liquors at any retail outlet;
(vi) Regulate the
establishment and provide for the inspection of steam boilers or any heating
device in buildings and the storage of inflammable and highly combustible
materials within the city;.
(vii) Regulate the
establishment operation and maintenance of any entertainment or amusement
facilities, including the theatrical performances, circuses, billiard
pools, public dancing schools, public dance halls, sauna baths, massage
parlors. and other places for entertainment or amusement; regulate such
other events or activities for amusement or entertainment, particularly
those which tend to disturb the community or annoy the inhabitants, or
require the suspension or suppression of the same; or prohibit certain
forms of amusement or entertainment in order to protect the social and
moral welfare of the community;
(viii) Provide for
the impounding of stray animals; regulate the keeping of animals in homes
or as part of a business, and the slaughter, sale or disposition of the
same; and adopt measures to prevent and penalize cruelty to animals; and
(ix) Regulate the establishment.
operation and maintenance of funeral parlors and the burial or cremation
of the dead, subject to existing laws, rules and regulations.
(5) Approve ordinances
which shall ensure the efficient and effective delivery of the basic services
and facilities as provided for under Section 17 of this Code , and in
addition to said services and facilities, shall:
(i) Provide for the
establishment, maintenance, protection, and conservation of communal forests
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;
(iii) Authorize the
establishment, maintenance and operation by the city government of ferries,
wharves, and other structures 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 food-stuffs for public consumption;
(v) Regulate the
use of streets, avenues, alleys, sidewalks, bridges, parks and other public
places and approve the construction, improvement, repair and maintenance
of the same; establish bus and vehicle stops and terminals or regulate
the use of the same by privately-owned vehicles which serve the public;
regulate garages and the operation of conveyances for hire; designate
stands to be occupied by public vehicles when not in use; regulate the
putting up of signs, signposts, awning 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;
(vii) Subject to existing
laws, establish and provide for the maintenance, repair and operation
of an efficient water works system to supply water for the inhabitants
and to purify the source of the water supply; regulate the construction,
maintenance, repair and use of hydrants, pumps, cisterns and reservoirs;
protect the purity and 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 (100) meters of the reservoir, conduit, canal, aqueduct, pumping
station, or water-shed used in connection with the water service; and
regulate the consumption, use of 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, cesspools, tunnels and similar structures; regulate the
placing of poles and the use of crosswalks, curbs, and gutters; adopt
measures to ensure public safety against open canals, manholes, live wires
and other similar hazards to life and property; and regulate the construction
and use of private water closets, privies and other similar structures
in building 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, defective or otherwise
hazardous to the welfare of the inhabitants;
(x) Subject to the
availability of funds and to 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 Department
of Education, Culture and Sports and subject to existing law on tuition
fees, fix and collect reasonable tuition fees and other school charges
in education institutions supported by the city government;
(xi) Establish a scholarship
fund for poor but deserving students in schools located within its jurisdiction
or for students residing within the city;
(xii) Approve measures
and adopt quarantine regulations to prevent the introduction and spread
of diseases;
(xiii) Provide for an
efficient and effective system of solid waste and garbage collection and
disposal and prohibit littering and the placing or throwing of garbage,
refuse and other filth and wastes;
(xiv) Provide for the
care of disabled persons, paupers, the aged, the sick, persons of unsound
mind, abandoned minors, juvenile delinquents, drug dependents, abused
children and other needy and disadvantaged persons; particularly children
and youth below eighteen (18) years of age; and subject to availability
of funds, establish and provide for the operation of centers and facilities
for said needy and disadvantaged persons;
(xv) Establish and
provide for the maintenance and improvement of jails and detention centers,
institute a sound jail management program, and appropriate funds for the
subsistence of detainees and convicted prisoners in the city;
(xvi) Establish a city
council whose purpose is the promotion of culture and the arts, coordinate
with government agencies and non-governmental organizations and, subject
to the availability of funds, appropriate funds for the support and development
of the same; and
(xvii) Establish a city
council for the elderly which shall formulate policies and adopt measures
mutually beneficial to the elderly and to the community, provide incentives
for non-governmental agencies and entities and, subject to the availability
of funds, appropriate funds to support programs and projects for the benefit
of the elderly; and
(6) Exercise such
other powers and perform such other duties and functions as may be prescribed
by law or ordinance.
(b) The members of the
sangguniang panlungsod of component cities shall receive a minimum monthly
compensation corresponding to Salary Grade twenty-five (25) and members
of the sangguniang panlungsod of highly-urbanized cities shall receive
a minimum monthly compensation corresponding to Salary Grade twenty-seven
(27), as prescrbed under R.A. 6758 and the implementing guidelines issued
pursuant thereto.
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