Last April, PAS said they were ready for a three-cornered fight in Kepala Batas against BN and Pakatan Harapan because they have stood in the area in the past few elections.
ARTICLE I General Provisions Section 1. – This Act shall be known as the 'Charter of the City of Valencia.' The City of Valencia. – The Municipality of Valencia shall be converted into a component city to be known as the City of Valencia, hereinafter referred to as the City, which shall comprise the present territory of the Municipality of Valencia, Bukidnon Province. The territorial jurisdiction of the City shall be within the present metes and bounds of the Municipality of Valencia, as follows. LINE BEARING DISTANCE 1-2 S9 45W 4,500 M.
2-3 S9 45W 8,420.00 M. 3-4 S18 00E 5,540.00 M. 4-5 N75 00W 6,700 M., thence Following Kulaman River and Pulangi River downstream about 20,700 meters to MBM No. 5 5-6 N0 30W 7,300 M. 6-7 S89 30W 7,000 M.
7-8 DUE - WEST 4,000 M. 8-9 N69 40W 3,510 M. 9-10 N17 20W 2,075 M. 10-11 N38 00W 2,100 M. 11-12 N03 00W 1,700 M. 13-14 N54 00W 2,400 M. 14-15 N89 32W 8,277.00 M.
15-16 N39 23E 11,350 M. 16-17 following Manupali River downstream about 36,000 meters to MBM No. 17 17-18 S41 15E 1,300 M. 18-19 S88 30E 3,900 M. 19-1 following Pulangi River upstream about 7,500 meters to MBM No. The foregoing provision shall be without prejudice to the resolution by the appropriate agency or forum of existing boundary disputes or cases involving questions of territorial jurisdiction between the City of Valencia and the adjoining local government units.
Corporate Powers of the City. – The City constitutes a political body corporate and as such is endowed with the attributes of perpetual succession and possessed of the powers which pertains to a municipal corporation to be exercised in conformity with the provision of this Charter. The City shall have the following corporate powers. (a) To have a continuous succession in its corporate name; (b) To sue and be sued; (c) To have and use a corporate seal; (d) To acquire, hold and convey real or personal property; (e) To enter into any contracts and/or agreements; and (f) To exercise such other powers, prerogatives or authority subject to the limitations provided in this Act or laws. General Powers. – The City shall have a common seal and may alter the same at pleasure. It shall exercise the powers to levy taxes; to close and open roads, streets, alleys, parks or squares; to take, purchase, receive, hold, lease, convey and dispose of real and personal property for the general interests of the City; to expropriate or condemn private property for public use; to contract and be contracted with, to sue and be sued; to prosecute and defend to final judgment and execution suits wherein the City is involved or interested in and to exercise all the powers as are granted to corporations or as hereinafter granted.
Liability for Damages. – The City and its officials shall not be exempt from liability for death or injury to persons or damage to property.
Jurisdiction of the City. – The jurisdiction of the City of Valencia, for police purposes only, shall be coextensive with its territorial jurisdiction and for the purpose of protecting and ensuring the purity of the water supply of the City, such police jurisdiction shall also extend over all the territory within the drainage area of such water supply, or within one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the city water service. The regional trial courts and the city courts of the City of Valencia shall have concurrent jurisdiction with the regional trial courts and the metropolitan trial courts or city or municipal trial courts of the adjoining municipalities to try crimes and misdemeanor committed within the said drainage area, or within said space of one hundred meters (100 m.). The court first taking jurisdiction of such offense shall thereafter retain exclusive jurisdiction thereof. But any license that may be issued within said zone, area or spaces shall be granted by the proper authorities of the city or municipality concerned, and the fees arising therefrom shall accrue to the treasury of the said city or municipality. ARTICLE II City Officials in General Sec.
The Officials of the City of Valencia. (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.
Unless otherwise provided herein, heads of departments and offices shall be appointed by the city mayor with the concurrence of the majority of all the sangguniang panlungsod members, subject to civil service law, rules and regulations. The sangguniang panlungsod shall act on the appointment within fifteen (15) days from the day of its submission, otherwise the same shall be deemed confirmed. (1) He is at least twenty-one (21) years of age; (2) An actual resident of the City for at least one (1) year prior to his election; and (3) 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 by the Local Government Code of 1991 and other laws. (a) 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 of the province; and (b) Coordinate the implementation of technical services, including public works and infrastructure programs, rendered by national offices and provincial office. (5) Exercise such other powers and perform such other duties and functions as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991 and those that are prescribed by law or ordinance. 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-six (26) as prescribed under Republic Act No. 6758 and the implementing guidelines issued pursuant thereto. ARTICLE IV The Sangguniang Panlungsod Sec. The Sangguniang Panlungsod.
– The sangguniang panlungsod, the legislative body of the City, shall be composed of the city vice mayor as presiding officer, ten (10) regular sanggunian members, the president of the city chapter of the liga ng mga barangay, the president of the panlungsod na pederasyon ng mga sangguniang kabataan and the sectoral representatives, as members. (A) 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 agricultural or industrial workers; and one (1) from the other sectors, including the urban poor, indigenous cultural communities or disabled persons.
(B) The regular members of the sangguniang panlungsod and the sectoral representatives shall be elected in the manner as may be provided for by law. The elective members of the sangguniang panlungsod shall possess the qualifications as provided under Sec.
39 of Republic Act No. (C) They shall receive such compensation, emoluments and allowances as may be determined by law. (D) The sangguniang panlungsod shall. (1) Ownership of stock or capital, or investment in the entity or firm to which the ordinance or resolution may apply; and (2) Contracts or agreements with any person or entity which the ordinance or resolution under consideration may affect.
In the absence of a specific constitutional or statutory provisions applicable to this situation, 'conflict of interest' refers in general to one where it may be reasonably deduced that a member of a sanggunian may not act in the public interest due to some private, pecuniary or other personal considerations that may tend to affect his judgment to the prejudice of the service or the public. (b) The disclosure required under this Act shall be made in writing and submitted to the secretary of the sanggunian or the secretary of the committee of which he is a member. The disclosure shall, in all cases, form part of the record of the proceedings and shall be made in the following manner. (1) Disclosure shall be made before the member participates in the deliberations on the ordinance or resolution under consideration: Provided, That if the member did not participate during the deliberations, the disclosure shall be made before voting on the ordinance or resolution on second and third readings; and (2) Disclosure shall be made when a member takes a position or makes a privilege speech on a matter that may affect the business interest, financial connection, or professional relationship described herein. – (a) On the first day of the session immediately following the election of its members, the sangguniang panlungsod shall, by resolution, fix the day, time and place of its sessions. The minimum number of regular sessions shall be once a week for the sangguniang panlungsod and twice a month for the sangguniang barangay. (b) When the public interest so demands, special sessions may be called by the city mayor or by a majority of the members of the sanggunian.
(c) All sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of 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 members' usual place of residence at least twenty-four (24) hours before the special session is held. Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.
(e) The sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of the sangguniang panlungsod. – (a) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business.
Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results. (b) Where there is no quorum, the presiding officer may declare a recess until such time 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 Valencia, 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. 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.
Veto Power of the City Mayor. – (a) The city mayor may veto any ordinance of the sangguniang panlungsod on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons thereof in writing. (b) The city mayor shall have the power to veto any particular item or items of an appropriations ordinance, an ordinance or resolution adopting a local development plan, any public investment program or an ordinance directing the payment of money or creating liability.
In such 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 enacted.
(c) The city mayor may veto an ordinance or resolution only once. The sanggunian may override the veto of the city mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the city mayor. Review of City Ordinances by the Sangguniang Panlalawigan. – (a) Within three (3) days after approval, the secretary to the sangguniang panlungsod shall forward to the sangguniang panlalawigan for review, copies of approved ordinances and the resolutions approving the local development plans and public investment programs formulated by the local development councils. (b) Within thirty (30) days after receipt of copies of such ordinances and resolutions, the sangguniang panlalawigan shall examine the documents or transmit them to the provincial attorney or the provincial prosecutor for prompt examination. The provincial attorney or the provincial prosecutor shall, within a period of ten (10) days from receipt of the documents, inform the sangguniang panlalawigan in writing of his comments or recommendations, which may be considered by the sangguniang panlalawigan in making its decision.
(c) If the sangguniang panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon the sangguniang panlungsod concerned, it shall declare such ordinance or resolution invalid in whole or in part. The sangguniang panlalawigan shall enter its action in the minutes and shall advise the corresponding city authorities of the action it has taken. (d) If no action has been taken by the sangguniang panlalawigan within thirty (30) days after submission of such an ordinance or resolution, the same shall be presumed consistent with law and therefore valid.
Review of Barangay Ordinances by the Sangguniang Panlungsod. – (a) Within ten (10) days after its enactment, the sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlungsod for review as to whether the ordinance is consistent with law and city ordinances. (b) If the sangguniang panlungsod fails to take action on barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved. (c) If the sangguniang panlungsod finds the barangay ordinances inconsistent with law or city ordinances, the sangguniang panlungsod shall, within thirty (30) days from receipt thereof, return the same with its comments and recommendations to the sangguniang barangay concerned for adjustment, amendment or modification; in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is effected. 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. Effectivity of Ordinances or Resolutions. – (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 in a bulletin board at the entrance of the City Hall of Valencia, and in at least two (2) other conspicuous places in the City of Valencia. (b) The secretary of the sangguniang panlungsod shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the City Hall of Valencia, and in at least two (2) conspicuous places in the City of Valencia not later than five (5) days after approval thereof. The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the language 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. (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. In the absence thereof the ordinance or resolution shall be published in any newspaper of general circulation.
The gist of all ordinances with penal sanctions shall also be published in a newspaper of general circulation. (1) The provincial governor shall make the aforesaid appointments; (2) Only the nominee of the political party under which the sanggunian member concerned had been elected shall be appointed in the manner herein provided. The appointee shall come from the political party as that of the sanggunian member who caused the vacancy and shall serve the unexpired term of the vacant office. ARTICLE VII The Appointive Officials of the City: Their Qualifications, Powers and Duties Sec. The Secretary of the Sangguniang Panlungsod. – (a) There shall be a secretary of the sangguniang panlungsod who shall be a career official with the rank and salary equal to a head of a department or office. (b) No person shall be appointed secretary to the sangguniang panlungsod unless he is a citizen of the Philippines, a resident of the City of Valencia, of good moral character, a holder of a master's degree preferably in law, commerce or public administration from a recognized college or university, and a first grade civil service eligible or its equivalent.
(c) The secretary of the sangguniang panlungsod shall receive such compensation, emoluments and allowances as may be determined by law. (d) The secretary to the sangguniang panlungsod shall take charge of the office of the sangguniang panlungsod, and shall. (1) Formulate measures for consideration of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and provision of adequate facilities; (2) Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with veterinary-related activities which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide; (3) In addition to the foregoing duties and functions, the city veterinarian shall. (a) Advise the city mayor on all matters pertaining to the slaughter of animals for human consumption and the regulation of slaughterhouses; (b) Regulate the keeping of domestic animals; (c) Regulate and inspect poultry, milk and dairy products for public consumption; (d) Enforce all laws and regulations for the prevention of cruelty of animals; and (e) Take the necessary measures to eradicate, prevent or cure all forms of animal diseases. (a) Provide relevant, adequate and timely information to the City and its residents; (b) Furnish information and data on the City to government agencies or offices as may be required by law or ordinance; and nongovernmental organizations to be furnished to said agencies and organizations; and (c) Maintain effective liaison with the various sectors of the community on matters and issues that affect the livelihood and the quality of life of the inhabitants and encourage support for programs of the local and national government. (a) Assist in the organization of cooperatives; (b) Provide technical and other forms of assistance to existing cooperatives to enhance their viability as an economic enterprise and social organization; and (c) Assist cooperatives in establishing linkages with government agencies and non-government organizations involved in the promotion and integration of the concept of cooperatives in the livelihood of the people and other community activities. (a) Assist the city mayor in the implementation of the constitutional provisions relative to population development and the promotion of responsible parenthood; (b) Establish and maintain an updated data bank for program operations, development planning and an educational program to ensure the people's participation in and understanding of population development; and (c) Implement appropriate training programs responsive to the cultural heritage of the inhabitants.
(4) 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.
The City Agriculturist. – (A) The city agriculturist must be a citizen of the Philippines, a resident of the City of Valencia, of good moral character, a holder of a college degree preferably in agriculture or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have practiced his profession in agriculture or acquired the experience in a related field for at least five (5) years immediately preceding the date of his appointment. (B) The city agriculturist shall receive such compensation, emoluments and allowances as may be determined by law. (C) The city agriculturist shall take charge of the office for the agricultural services, and shall. ARTICLE VIII The City Fire Station Service, The City Jail Service, The City School Division and The City Prosecution Service Sec. The City Fire Station Service.
– (a) There shall be established in the City at least one (1) fire station with adequate personnel, fire fighting facilities and equipment, subject to the standards, rules and regulations that may be promulgated by the Department of the Interior and Local Government. The City shall provide the necessary land or site of the station. (b) The city fire station service shall be headed by a city fire marshal whose qualifications shall be as those provided for under Republic Act No.
6975, otherwise known as the Philippine National Police Law. (c) The city fire station shall be responsible for the protection and various emergency services such as rescue and evacuation of injured people at fire-related incidents and, in general fire prevention and suppression measures to secure the safety of life and property of the citizenry. The City Jail Service. – (a) There shall be established and maintained in the City a secured, clean, adequately equipped and sanitary jail for the custody and safekeeping of prisoners, any fugitive from justice, or person detained awaiting investigation or trial and/or transfer to the national penitentiary, and/or violent mentally ill person who endangers himself or the safety of others, duly certified as such by the proper medical health officer, pending the transfer to a mental institution. (b) The city jail service shall be headed by a city jail warden who must be a graduate of a four (4)-year course in psychology, psychiatry, sociology, nursing, social work or criminology who shall assist in the immediate rehabilitation of individuals or detention of prisoners. Great care must be exercised so that human rights of these prisoners are respected and protected, and their spiritual and physical well-being are properly and promptly attended to. The City School Division.
– (a) The Department of Education, Culture and Sports shall establish and maintain a school division of the City of Valencia whose area of jurisdiction will cover all the school districts within the City; and (b) The city school division shall be headed by a division superintendent who must possess the necessary qualifications required by the Department of Education, Culture and Sports. The City Prosecution Service. – (a) There shall be established in the City a prosecution service to be headed by a city prosecutor and such number of assistant prosecutors as may be necessary, who shall be organizationally part of the Department of Justice, and under the supervision and control of the Secretary of Justice and whose qualifications, manner of appointment, rank, salary and benefits shall be governed by existing laws covering prosecutors in the Department of Justice. (b) The city prosecutor shall handle the criminal prosecution in the municipal trial courts in the City as well as in the regional trial courts for criminal cases originating in the territory of the City, and shall render to or for the City such services as are required by law, ordinance or regulation of the Department of Justice.
(c) The Secretary of Justice shall always assure the adequacy and quality of prosecution service in the City and for this purpose, shall, in the absence or lack or insufficiency in number of city assistant prosecutors as provided hereinabove, designate from among the assistant provincial prosecutors a sufficient number to perform and discharge the functions of the city prosecution service as provided hereinabove. ARTICLE IX Transitory and Final Provisions Sec. Municipal Ordinances Existing at the Time of the Approval of this Act.
– All municipal ordinances of the Municipality of Valencia existing at the time of the approval of this Act shall continue to be in force within the City of Valencia until the sangguniang panlungsod ordinance shall provide otherwise. – The City of Valencia 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 Valencia within sixty (60) days from the approval of this Act. The expenses for such plebiscite shall be borne by the Municipality of Valencia. The Commission on Elections shall conduct and supervise such plebiscite. Officials of the City of Valencia. – The present elective officials of the Municipality of Valencia shall continue to exercise their powers and functions until such a time that a new election is held and the duly elected officials shall have already qualified and assumed their offices. The appointive officials and employees of the Municipality of Valencia shall likewise continue exercising their functions and duties and they shall be automatically absorbed by the City Government of Valencia.
Succession Clause. – The City of Valencia shall succeed to all the assets, properties, liabilities and obligations of the Municipality of Valencia.
Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province of Bukidnon. – The qualified voters of the City of Valencia shall qualify to vote and run for any elective position in the elections for provincial governor, provincial vice-governor, sangguniang panlalawigan members and other elective offices for the Province of Bukidnon. Jurisdiction of the Province of Bukidnon. – The City of Valencia shall, unless otherwise provided by law, continue to be under the jurisdiction of Bukidnon Province. Suspension of Increase in Rates of Local Taxes. – No increase in the rates of local taxes shall be imposed by the City within the period of five (5) years from its acquisition of corporate existence.
Representative District. – Until otherwise provided by law, the City of Valencia shall continue to be a part of the Second Congressional District of Bukidnon Province. Applicability of Laws. – The provisions of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and such laws as are applicable to component cities shall govern the City of Valencia insofar as they are not inconsistent with the provisions of this Act. Separability Clause.
– If any part of this Act is declared invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective. – Nothing herein contained shall preclude the determination by the appropriate agency or forum of boundary disputes or cases involving questions of territorial jurisdiction between the City of Valencia and any of the adjoining local government units even after the effectivity of this Act. Repealing Clause. – All laws, decrees, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. – This Act shall take effect upon its publication in at least two (2) newspapers of general and local circulation.