AN ACT REVISING THE CHARTER OF THE CITY OF BAGUIO

Eighteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.

[ REPUBLIC ACT NO. 11689, April 11, 2022 ]

AN ACT REVISING THE CHARTER OF THE CITY OF BAGUIO

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

ARTICLE I 
GENERAL PROVISIONS

Section 1. Short Title. — This Act shall be known as the "Revised Charter of the City of Baguio."

Section 2. Declaration of Objectives and Core Values. — The objectives and aspirations of the City of Baguio, hereinafter referred to as the City, are as follows:

In the pursuit of the foregoing purposes, public officials and employees of the City shall be guided by the core values of service, integrity, competence, transparency, accountability, and resourcefulness.

Section 3. Territorial Boundaries. — The City shall comprise the present territorial jurisdiction of the City.

The foregoing provision shall be without prejudice to the resolution by the appropriate agency or forum of any boundary dispute or case involving questions of territorial jurisdiction between the City and the adjoining local government units (LGUs): Provided, That the territorial jurisdiction of the disputed area or areas shall remain with the LGU which has existing administrative supervision over said area or areas until the final resolution of the case.

Section 4. Corporate Powers of the City. — The City is a political body corporate and as such is endowed with the attributes of perpetual succession and possessed of the powers which pertain to a municipal corporation to be exercised in conformity with the provisions of this Charter. The City shall have the following corporate powers:

Section 5. General Powers. — The City shall have a corporate seal and may alter the same at pleasure: Provided, That any change of corporate seal shall be registered with the Department of the Interior and Local Government (DILG). It shall exercise the powers to levy taxes, fees, and charges; 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.

ARTICLE II
CITY OFFICIALS

Section 6. Officials of the City of Baguio. — (a) The officials of the City are the City Mayor, City Vice Mayor, Sangguniang Panlungsod members, Secretary to the Sangguniang Panlungsod, city treasurer, city assessor, city engineer, city buildings and architecture officer, city health officer, city civil registrar, city accountant, city social welfare and development officer, city budget officer, city planning and sustainable development officer, city administrator, city legal officer, city general services officer, city veterinarian, city human resource management officer, city environment and parks management officer, city disaster risk reduction and management officer, city tourism officer, city public information officer and city librarian.

ARTICLE III
CITY MAYOR

Section 7. City Mayor. — (a) The City Mayor, as the chief executive of the city government, shall exercise such powers and perform such duties and functions as provided under Section 455 of the Local Government Code of 1991, as amended, and other laws and ordinances passed by the Sangguniang Panlungsod.

The City Mayor shall receive a minimum monthly compensation corresponding to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758, otherwise known as the "Compensation and Position Classification Act of 1989,"  as amended, and the implementing guidelines issued pursuant thereto.

ARTICLE IV
CITY VICE MAYOR

Section 8. City Vice Mayor. — The City Vice Mayor shall be the presiding officer of the Sangguniang Panlungsod and shall exercise the duties and functions as provided under Section 456 of the Local Government Code of 1991, as amended, and other laws and ordinances passed by the Sangguniang Panlungsod.

The City Vice Mayor shall receive a minimum monthly compensation corresponding to Salary Grade Twenty-eight (28) as prescribed under the "Compensation and Position Classification Act of 1989," as amended and the implementing guidelines issued pursuant thereto.

ARTICLE V
SANGGUNIANG PANLUNGSOD

Section 9. Composition. — (a) The Sangguniang Panlungsod, the legislative body of the City, shall be composed of the City Vice Mayor as presiding officer, the twelve (12) elected regular Sangguniang Panlungsod members, the president of the city chapter of the Liga ng mga Barangay, the president of the Pederasyon ng mga Sangguniang Kabataan, and the sectoral representative for indigenous people of Baguio City.

Section 10. Powers, Duties, Functions and Compensation. — (a) The Sangguniang Panlungsod, as the legislative body of the City, shall exercise the powers, duties and functions as provided under Section 458 of the Local Government Code of 1991, as amended, and other laws and ordinances passed by the Sangguniang Panlungsod. It shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the City and its inhabitants pursuant to Section 16 of the Local Government Code of 1991, as amended, and in the proper exercise of the corporate and general powers of the City as provided for under Sections 4 and 5 of this Charter.

ARTICLE VI
PROCESS OF LEGISLATION

Section 11. 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.

Section 12. Full Disclosure of Financial and Business Interests of Sangguniang Panlungsod Members. — (a) Every Sangguniang Panlungsod member shall, upon assumption to office, make a full disclosure of their business and financial interests. Such disclosure shall also include a professional relationship or any relation by affinity or consanguinity within the fourth civil degree, which a sanggunian member may have with any person, firm or entity affected by any ordinance or resolution under consideration by the Sanggunian and which relationship may result in conflict of interests. Such relationship shall include:

Section 13. Sessions. — (a) On the first day of the session immediately following the election of its members, the Sangguniang Panlungsod shall, by resolution, fix the day, time and place of its sessions. The minimum number of regular sessions shall be once a week for the Sangguniang Panlungsod and twice a month for the Sangguniang Barangay.

Section 14. 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.

Section 15. 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, the signature of the City Mayor shall be affixed on each and every page thereof; otherwise, the ordinance shall be vetoed and returned with statements on the 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.

Section 16. 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 the reasons for the veto in writing.

Section 17. Review of Barangay Ordinances by the Sangguniang Panlungsod. — (a) Within ten (10) days after their 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 or city ordinances.

Section 18. 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 19. 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 Baguio, and in at least two (2) other conspicuous places in the City of Baguio not later than five (5) days after approval thereof.

ARTICLE VII

QUALIFICATIONS, DISQUALIFICATIONS AND SUCCESSION OF ELECTIVE CITY OFFICIALS

Section 20. Qualifications and Disqualifications. — The elective city officials of the City shall possess the same qualifications and disqualifications as enumerated under Sections 39 and 40, respectively, of the Local Government Code of 1991, as amended.

Section 21. Permanent Vacancy in the Offices of the City Mayor and the City Vice Mayor. — (a) If a permanent vacancy occurs in the office of the City Mayor, the City Vice Mayor concerned shall become the City Mayor. If a permanent vacancy occurs in the office of the City Vice Mayor, the highest ranking Sangguniang Panlungsod member or, in case of permanent inability, the second highest ranking Sangguniang Panlungsod member shall become the City Mayor or the 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.

Section 22. Permanent Vacancies in the Sangguniang Panlungsod. — Permanent vacancies in the Sangguniang Panlungsod, where automatic succession provided above does not apply, shall be filled by appointment in the following manner:

ARTICLE VIII
THE APPOINTIVE OFFICIALS OF THE CITY:
THEIR QUALIFICATIONS, FUNCTIONS, DUTIES
AND RESPONSIBILITIES

Section 23. Secretary to the Sangguniang Panlungsod. — (a) There shall be a Secretary to the Sangguniang Panlungsod who shall be a career official with the rank and salary equal to a head of a department or office.

Section 24. City Treasurer. — (a) The City Treasurer shall be appointed by the Secretary of the Department of Finance from a list of at least three (3) ranking eligible recommendees of the City Mayor, subject to civil service law, rules and regulations.

Section 25. City Assessor. — (a) The City Assessor must be a citizen of the Philippines, a resident of the City, 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, a first grade civil service eligible or its equivalent, and must have acquired experience in real property assessment work or in any related field for at least five (5) years immediately preceding the date of the appointment.

Section 26. City Engineer. — (a) The City Engineer must be a citizen of the Philippines, a resident of the City, of good moral character, a licensed civil engineer, and must have acquired at least five (5) years experience in the practice of profession.

Section 27. City Buildings and Architecture Officer. — (a) The City Buildings and Architecture Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a licensed architect or civil engineer, and must have acquired at least five (5) years experience in the practice of architecture or civil engineering profession.

Section 28. City Health Officer. — (a) The City Health Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a licensed medical practitioner, and must have acquired experience at least five (5) years experience in the practice of the medical profession.

Section 29. City Civil Registrar. — (a) The City Civil Registrar must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in civil registry work.

Section 30. City Accountant. — (a) The City Accountant must be a citizen of the Philippines, a resident of the City, of good moral character, a certified public accountant, and must have acquired at least five (5) years experience in treasury or accounting service.

Section 31. 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 good moral character, a duly licensed social worker, a holder of a college degree preferably in sociology, social work or any other related course obtained from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in the practice of social work.

Section 32. The City Budget Officer. — (a) The City Budget Officer must be a citizen of the Philippines, a resident of the City, 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, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in government budgeting or in any related field.

Section 33. City Planning and Sustainable Development Officer. — (a) The City Planning and Sustainable Development Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a professional license as an environmental planner and, preferably, a licensed engineer or architect, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in development planning or in any related field.

Section 34. City Administrator. — (a) The City Administrator must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in public administration, law or any other related course from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in management and administrative work.

Section 35. City Legal Officer. — (a) The City Legal Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a member of the Integrated Bar of the Philippines, and must have practiced law for at least five (5) years immediately preceding the date of the appointment.

Section 36. City General Services Officer. — (a) The City General Services Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree in public administration, business administration or business management from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in general services, including the management of supply and property.

Section 37. City Veterinarian. — (a) The City Veterinarian must be a citizen of the Philippines, a resident of the City, of good moral character, a licensed doctor of veterinary medicine, and must have practiced veterinary profession for at least three (3) years immediately preceding the date of the appointment.

Section 38. City Human Resource Management Officer. — (a) The City Human Resource Management Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a human resource management or development practitioner, a holder of a college degree in management or any other related course from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in the practice of human resource management or development, the administration, execution, coordination, and supervision of activities involving personnel operations, and the implementation of civil service laws, rules and regulations.

Section 39. City Environment and Parks Management Officer. — (a) The City Environment and Parks Management Officer must be a citizen of the Philippines, a resident of the City, of good moral character, with bachelor's degree preferably in environment management, natural resources management or urban/environment planning or any related course from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in environment and natural resources management, parks management and/or urban planning.

Section 40. The City Disaster Risk Reduction and Management Officer. — (a) The City Disaster Risk Reduction and Management Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in disaster risk reduction and management or in any related field.

Section 41. City Tourism Officer. — (a) The City Tourism Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably with specialized training in tourism development obtained from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in the implementation of programs on tourism development.

Section 42. City Public Information Officer. — (a) The City Public Information Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in journalism, mass communications or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. The City Public Information Officer must have acquired at least five (5) years experience in writing articles and research papers or in writing for print, television or broadcast media.

Section 43. City Librarian. — (a) The City Librarian must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in library science or any related course from a recognized college or university, a licensed librarian, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in library administration.

Section 44. City Agriculturist. — (a) The City Agriculturist must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in agriculture or any other related course from a recognized college or university, a first grade civil service eligible or its equivalent, and must have practiced the profession in agriculture or have acquired at least five (5) years experience in related field.

Section 45. City Population Officer. — (a) The City Population Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably with specialized training in population development from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in the implementation of programs on population development or responsible parenthood.

Section 46. City Traffic and Transportation Management Officer. — (a) The City Traffic and Transportation Management Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a traffic engineer or a holder of a college degree related to traffic and transportation from a recognized college or university, and must have acquired at least five (5) years of relevant experience.

Section 47. City Cooperatives Officer. — (a) The City Cooperatives Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in business administration with special training on cooperatives or any related course from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in cooperatives development, organization and management.

Section 48. City Solid and Liquid Wastes Management Officer. — (a) The City Solid and Liquid Wastes Management Officer must be citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in environment, ecology, engineering, solid and liquid wastes management or any related course from a recognized college or university, a holder of a first grade civil service eligibility or its equivalent, and must have acquired at least five (5) years experience in environmental and natural resources management, conservation and utilization or environmental engineering.

ARTICLE IX
BOARDS AND COUNCILS

Section 49. Boards and Councils. — The local boards and councils created pursuant to the Local Government Code of 1991, as amended, shall continue to exist and function as provided for by law. Other local bodies such as the City Tourism Council, the City Convention and Visitors Bureau, the Sister-Cities Committee, the Character City Committee, the City Traffic and Transportation Management Committee, Office of the Local Zoning Officer, the City Disaster and Risk Reduction Management Council, the City Solid and Liquid Waste Management Board, the City Market Authority, and the Baguio City Creative Council, Smart City Council, E-Governance Council, and other bodies which may be created thereafter in pursuit of UNSDG shall exist and function as provided for by law or ordinance.

ARTICLE X 
BAGUIO TOWNSITE RESERVATION AND WATERSHEDS 

Section 50. Alienable and Disposable Lands. — All alienable and disposable lands within the Baguio Townsite Reservation shall be disposed of and awarded by the DENR through the grant of residential free patent, townsite sales, or other modes of disposition pursuant to Republic Act No. 10023; Commonwealth Act No. 141, otherwise known as "The Public Land Act," as amended; Republic Act No. 11573; and such other laws authorizing the disposition of the lands to qualified applicants.

The application of Republic Act No. 10023 shall always consider the zoning ordinance and the city land use plan. Hence, alienable and disposable public land covered by a townsite sales application filed with the DENR covering areas exceeding two hundred (200) square meters may be subdivided for processing under a residential free patent application, and the excess area thereof shall be processed through townsite sales.

Alienable and disposable lands between roads and titled properties and lands adjoining legal easements along creeks and rivers with an area of two hundred (200) square meters, or less, and which are not occupied by houses nor covered by vested rights, shall be immediately delineated, marked and corners monumented not later than twelve (12) months from the effectivity of this Act, and shall form part of the greenbelt areas of Baguio City and not to be awarded to private individuals.

Section 51. Conduct of Subdivision Survey. — In coordination with the DENR, the City shall advance the cost for the conduct of a subdivision survey of all its alienable and disposable public lands which are part of its townsite reservation in accordance with its land use development plan, and segregate therein the areas for public use such as road systems, greenbelt areas, playground lots, health center sites, school sites and danger zones, as determined by geosciences experts of the Mines and Geosciences Bureau (MGB) of the DENR.

Section 52. Special Committee on Lands. — There shall be created a Special Committee on Lands to assist the DENR and to serve as venue for the resolution of all land-related issues in the City. It shall protect the interest of the City and its long-time occupants, especially in the review of (i) all ancestral land claims but such review shall not include the delineation processes facilitated by the National Commission on Indigenous Peoples (NCIP) pursuant to Republic Act No. 8371, otherwise known as "The Indigenous Peoples' Rights Act of 1997";  (ii) the conversion of lands; and (iii) the disposition of public lands including, if possible, the streamlining of the modes of disposition to those most appropriate for the City in order to achieve a balanced development while ensuring land tenure security and equity.

The Special Committee on Lands shall be chaired by the City Mayor, City Vice Mayor, or the City Committee on Urban Planning, Lands, and Housing, with the DENR as co-chair; the NCIP as vice-chair, and the John Hay Management Corporation (JHMC) and the Department of Human Settlements and Urban Development (DHSUD) as members.

Section 53. City Watersheds. — The Baguio City government, in coordination with the DENR, the National Water Resources Board (NWRB), and the Baguio Water District (BWD), shall protect, conserve, develop, and sustainably manage its forestlands and watersheds, and impose penal sanctions on anyone who destroys or infringes on the said areas and water sources of the City. The forest reservations and water sources within the lands of the Bases Conversion and Development Authority (BCDA) shall remain under the jurisdiction of the BCDA.

ARTICLE XI
ANCESTRAL LANDS

Section 54. Ancestral Lands. — Republic Act No. 8371, otherwise known as "The Indigenous Peoples' Rights Act of 1997,"  shall, insofar as applicable, continue to govern claims related to ancestral lands and domains in the City of Baguio.

The applications covering lands which are subject to pending ancestral land claims before the NCIP shall not be processed and shall not be acted upon pursuant to this Act from the moment the said ancestral land claims have been denied with finality by the proper court, government agency or instrumentality.

ARTICLE XII
CAMP JOHN HAY RESERVATION 

Section 55. Camp John Hay Reservation. — The Camp John Hay Reservation covering a total land area of six million two hundred fifty-four thousand one hundred five square meters (6,254,105 sqm.) subject to final survey, which was transferred to the BCDA by virtue of Republic Act No. 7227, as amended, otherwise known as the "Bases Conversion and Development Act of 1992,"  as amended, is not part of the Baguio Townsite Reservation.

ARTICLE XIII
TRANSITORY PROVISIONS 

Section 56. Ordinances Prior to the Approval of this Act. — All ordinances and resolutions of the City of Baguio existing at the time of the approval of this Act shall continue to be in force and effect until the Sangguniang Panlungsod of the City shall declare otherwise.

Section 57. Incumbent Representative and Other Elective and Appointive Officials. — The incumbent Representative of the Lone Legislative District of the City of Baguio and other elective and appointive officials of the City shall continue to exercise their powers and functions until the expiration of their terms of office, pursuant to the Constitution and existing laws.

Section 58. Lone Legislative District. — Until otherwise provided by law, the City of Baguio shall continue to exist as a lone legislative district.

Section 59. Identity of the City. — The City shall retain its identity as a highly-urbanized city, and shall remain part of the Cordillera Administrative Region. The City may form part of any growth corridor that will be established or of any aggrupation of LGUs that shall undertake to consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them such as those being undertaken by the City, and the municipalities of La Trinidad, Itogon, Sablan, Tuba, and Tublay, commonly known as the BLISTT.

ARTICLE XIV 
FINAL PROVISIONS

Section 60. Applicability of Laws. — The provisions of the Local Government Code of 1991, as amended, and such other laws applicable to highly-urbanized cities shall govern the City.

Section 61. Separability Clause. — If any part or provision of this Act is declared invalid or unconstitutional, the other parts or provisions hereof shall remain valid and effective.

Section 62. Repealing Clause. — The provisions of the Charter of the City of Baguio as contained in Act No. 2711, otherwise known as the "Revised Administrative Code of 1917," as amended, and all other laws, decrees, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 63. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved,

This Act which originated in the House of Representatives was passed by the House of Representatives and the Senate of the Philippines on December 7, 2021 and December 1, 2021.

Approved: Lapsed into law on April 11, 2022 without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constitution.

RODRIGO ROA DUTERTE
President of the Philippines