AN ACT CONVERTING THE MUNICIPALITY OF CALACA IN THE PROVINCE OF BATANGAS INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF CALACA

Eighteenth Congress
Second Regular Session

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

[ REPUBLIC ACT NO. 11544, May 26, 2021 ]

AN ACT CONVERTING THE MUNICIPALITY OF CALACA IN THE PROVINCE OF BATANGAS INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF CALACA

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

ARTICLE I
GENERAL PROVISIONS

Section 1. Title. – This Act shall be known as the “Charter of the City of Calaca.”

Section 2. The City of Calaca. – The Municipality of Calaca shall be converted into a component city to be known as the City of Calaca, hereinafter referred to as the City, which shall comprise the present jurisdiction of the Municipality of Calaca, Province of Batangas.

The territorial jurisdiction of the City shall be within the present metes and bounds of the Municipality of Calaca.

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 Calaca and the adjoining local government units (LGUs): Provided, That, the territorial jurisdiction of the disputed area or areas shall remain with the local government unit, which has existing administrative supervision over said area or areas until the final resolution of the case.

Section 3. 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:

Section 4. General Powers. – The City shall have a common 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.

Section 5. General Welfare Clause of the City. – The City shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare.

Within its territorial jurisdiction, the City shall ensure and support the preservation and enrichment of its culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.

Section 6. Liability for Damages. – The City and its officials shall not be exempt from liability for death or injury to persons or damage to property.

Section 7. Jurisdiction of the City. – The jurisdiction of the City, 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 in 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 city court of the City of Calaca and the city or municipal courts of the adjoining cities and municipalities shall have concurrent jurisdiction to try crimes and misdemeanors committed within the said drainage area or areas within said spaces of one hundred meters (100 m.) of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the City water service delivery.

The court first taking jurisdiction of such offense shall have jurisdiction to try cases to the exclusion of others. The police force of the municipalities and cities concerned shall have concurrent jurisdiction with the police forces of the City for the maintenance of good order and the enforcement of ordinances throughout said zone, area or space. Any license that may issued within said zone, area or space 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 concerned and not to the City.

ARTICLE II
CITY OFFICIALS IN GENERAL

Section 8. The Officials of the City of Calaca. – (a) There shall be in the City of Calaca: a City Mayor, a City Vice Mayor, Sangguniang Panlungsod members, a secretary to the Sangguniang Panlungsod, a city treasurer and an assistant city treasurer, a city assessor and an assistant city assessor, a city accountant, a city budget officer, a city planning and development officer, a city engineer, a city health officer, a city social worker and development officer, a city veterinarian and a city general services officer.

ARTICLE III
THE CITY MAYOR AND CITY VICE MAYOR

Section 9. The City Mayor. – (a) The City Mayor shall be the chief executive of the City and shall be elected at large by the qualified voters of the City.

Section 10. The City Vice Mayor. - (a) There shall be a City Vice Mayor who shall be elected in the same manner as the City Mayor and shall at the time of election possessed the same qualifications as the City Mayor. The City Vice Mayor shall hold office for three(3) years, unless sooner removed, and shall received a monthly compensation corresponding to Salary Grade Twenty Six(SG-26) as prescribed under the “Compensation and position classification act of 1989”, and the implementing guidelines issued pursuant thereto, and such other compensation, emolument’s and allowances as maybe determined by law.

ARTICLE IV
THE SANGGUNIANG PANLUNGSOD

Section 11. Composition. - (a) The Sangguniang Panlungsod, the legislative body of the City, shall be composed of the City Vice Mayor as the presiding officer, ten (10) regular Sanggunian members, the
President of the city chapter of the Liga ng mga Barangay, the
President of the Panlungsod na Pederasyon ng mga Sangguniang Kabataan and the three (3) sectoral representatives from the following sectors as members: one (1) from the women sector; 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 sector; and one (1) from the other sectors, including the urban poor, indigenous cultural communities, or persons with disabilities (PWDs).

Section 12. 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 the Local Government Code of 1991, as amended, and in the proper exercise of the corporate powers of the City as provided under Section 22 of the Local Government Code, as amended, and shall:

ARTICLE V
PROCESS OF LEGISLATION

Section 13. 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 14. 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 relationshio 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 15. 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 16. Quorum. - (a) A majority of all the members 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 17. 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 shall be affixed on each and every page thereof; otherwise, the ordinance shall be vetoed and returned the same 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 ordinances or resolution effective for all legal intents and purposes.

Section 18. 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 19. Review of the 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.

Section 20. Review of Barangay Ordinances of 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 21. 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 22. Effectivity of Ordinance 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 Calaca, and in at least two (2) other conspicuous places in the City of Calaca not later than five (5) days after approval thereof.

ARTICLE VI
DISQUALIFICATIONS AND SUCCESSION FOR
ELECTIVE CITY OFFICIALS

Section 23. Disqualifications for Elective City Officials. - The following persons are disqualified from running for any elective position in the City:

Section 24. Permanent Vacancy in the Offices of the Mayor and City Vice Mayor. - (a) If a permanent vacancy occurs in the office of the City Mayor, the City Vice Mayor shall become the City Mayor. If a permanent vacancy occurs in the office of the City Vice Mayor, the highest ranking Sangguniang Panlungsod member or, in case of the latter's permanent incapacity, the second highest ranking Sanggunuang Panlungsod member shall become the City Mayor or City Vice Mayor, as the case may be. Subsequent vacancies in the said office shall be filled automatically by the other Sannggunian members according to their ranking as defined under the Local Government Code of 1991, as amended,

Section 25. Permanent Vacancies in the Sangguniang Panlungsod. - Permanent vacancies in the Sangguniang Panlungsod where automatic succession as provided above does not apply shall be filled by appointments in the following manner:

Section 26. Temporary Vacancy in the Office of the City Mayor. - (a) When the City Mayor is temporarily incapacitated to perform the duties for physical or legal reasons such as leave of absences, travel abroad and suspension from office, the City Vice Mayor or the highest ranking Sangguniang Panlungsod member, shall automatically exercise the powers and perform the duties and functions of the City Mayor, except the power to appoint, suspend or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days.

ARTICLE VII
THE APPOINTIVE OFFICIALS OF THE CITY: THEIR
QUALIFICATIONS, POWERS AND DUTIES

Section 27. The Secretary to 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.

Section 28. The City Treasurer. - (a) The city treasurer shall be appointed by the Secretary of the Department of Finance (DOF) from a list of at least three (3) ranking eligible recommendees of the City Mayor, subject to the civil service law, rules and regulations.

Section 29. The City Assessor. - (a) The city assessor must be a citizen of the Philippines, a resident of the City of Calaca, 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 at least five (5) years experience in real property assessment work or in any related field immediately preceding the date of the appointment.

Section 30. The City Accountant. - (a) The city accountant must be a citizen of the Philippines, a resident of the City of Calaca, of goof moral character, a certified public accountant and must have acquired at least five (5) years experience in the treasury or accounting service immediately preceding the date of the appointment.

Section 31. The City Budget Officer. - (a) The city budget office must be a citizen of the Philippines, a resident of the City of Calaca, 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 immediately preceding the date of appointment.

Section 32. The City Planning and Development Officer. - (a) The city planning and development officer must be a citizen of the Philippines, a resident of the City of Calaca, of good moral character, a holder of a college degree preferably in urban planning, development studies, economics, public administration, or in 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 development planning or in any related field immediately preceding the date of the appointment.

Section 33. The City Engineer. - (a) The city engineer must be a citizen of the Philippines, a resident of the City of Calaca, of good moral character, a licensed civil engineer and must have acquired at least five (5) years experience in the practice of profession.

Section 34. The City Health Officer. - (a) The city health officer must be a citizen of the Philippines, a resident of the City of Calaca, of good moral character, a licensed medical practitioner, and must have at least five (5) years experience in the practice of profession.

Section 35. The City Civil Registrar. - (a) The city civil registrar must be a citizen of the Philippines, a resident of the City of Calaca, 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 36. The City Administrator. - (a) The city administrator must be a citizen of the Philippines, a resident of the City of Calaca, of good moral character, a holder of a college degree preferably in public administration, law 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 management and administrative work.

Section 37. The City Legal Officer. - (a) The city legal officer must be a citizen of the Philippines, a resident of the City of Calaca, of good moral character, a member of the Philippine Bar, and must have practived the profession for at least five (5) years.

Section 38. The City Social Welfare and Development Officer. - (a) The city social welfare and development officer must be a citizen of the Philippines, a resident of the City of Calaca, of good moral character, a duly licensed social worker or a holder of a college degree preferably in social work, sociology, or any related course from a recognized college or university, a first grade civil service eligible or its equivalent, and must have at least five (5) years experience in the practice of social work immediately preceding the date of appointment.

Section 39. The City Veterinarian. - (a) The city veterinarian must be a citizen of the Philippines, a resident of the City of Calaca, of good moral character, a licensed doctor of veterinary medicine and must have practiced the profession for at least three (3) years.

Section 40. The City General Services Officer. - (a) The city general services officer must be a citizen of the Philippines, a resident of the City of Calaca, of good moral character, a holder of a college degree in public administration, business administration or 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 management of supply, property, solid waste disposal and general sanitation.

Section 41. The City Environment and Natural Resources Officer. - (a) The city environment and natural resources officer must be a citizen of the Philippines, a resident of the City of Calaca, of goodmoral character, a holder of a college degree preferably in environment, forestry, agriculture or any related course from a recognized college or university, a first grade civil service eligible or its equivalent and must have acquired at lease five (5) years experience in the environment and natural resources management, conservation and utilization work.

Section 42. The City Architect. - (a) The city architect must be a citizen of the Philippines, a resident of the City of Calaca, of good moral character, a duly licensed architect and must have practices the profession for at least five (5) years.

Section 43. The City Information Officer. - (a) The city information officer must be a citizen of the Philippines, a resident of the City of Calaca, 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, a first grade civil service eligible or its equivalent and must have at least three (3) years experience in writing articles and research papers, or writing for print, television or broadcast media.

Section 44. The City Cooperatives Officer. - (a) The city cooperatives officer must be a citizen of the Philippines, a resident of the City of Calaca, of good moral character, a holder of 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 at least five (5) years experience on cooperatives development, organization and management.

Section 45. The City Population Officer. - (a) The city population officer must be a citizen of the Philippines, a resident of the City of Calaca, 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 at least five (5) years experience in the implementation of programs on population development or responsible parenthood.

Section 46. The City Agriculturist. - (a) The city agriculturist must be a citizen of the Philippines, a resident of the City of Calaca, of good moral character, a holder of a college degree in agriculture or any 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 acquired at least five (5) years experience in related field.

Section 47. The City Business Permits and Licensing Officer. - (a) The city business permits and licensing officer must be a citizen of the Philippines, a resident of the City of Calaca, of good moral character, a holder of a college degree preferably in business administration or in any related course from a recognized college or university, a first grade civil service eligible or its equivalent and must have at least five (5) years experience in management.

ARTICLE VIII
THE CITY FIRE STATION, THE CITY JAIL
SERVICE, THE CITY SCHOOLS DIVISION AND
THE CITY PROSECUTION SERVICE

Section 48. The City Fire Station Service. - (a) There shall be established in the City at least one (1) fire station with adequate personnel, firefighting facilities and equipment, subject to the standards, rules and regulations that may be promulgated by the Department of the Interior and Local Government (DILG). The City shall provide the necessary site of the station.

Section 49. The City Jail Service. - (a) The DILG shall, at least five (5) months from the commencement of the corporate existence of the city, establish and maintain a secured, clean, adequately equipped and sanitary jail facility 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, or a violent mentally ill person who may endanger oneself or the safety of others, as duly certified by proper medical health officer, prior to the transfer of such person to a mental institution.

Section 50. The City Schools Division. - (a) The Department of Education (DepEd) shall establish and maintain a city schools division of the City of Calaca whose area of jurisidiction will cover all the school districts within the City.

Section 51. The City Prosecution Service. - (a) The Department of Justice (DOJ) shall within two (2) months from the commencement of the corporate existence of the City, establish and maintain a prosecution service. It shall be headed by a city prosecutor, who shall be assisted by such number of assistant prosecutors as may be necessary. and whose qualifications, manner of appointment, rank, salary and benefits shall be governed by existing laws covering prosecutors inthe DOJ. The City Prosecution Service shall be organizationally part of the DOJ, and under the supervision and control of the Secretary of the DOJ.

Section 52. Municipal Ordinances Existing at the Time of Approval of this Act. - All municipal ordinance of the Municipality of Calaca, existing at the time of approval of this Act, shall continue to be in force within the City of Calaca until the new Sangguniang Panlungsod shall provide otherwise.

Section 53. Plebiscite. - The City of Calaca shall acquire corporate existence upon ratification of its creation by majority of the votes cast by qualified voters in a plebiscite to be conducted in the present Municipality of Calaca within ninety (90) days from the approval of this Act, and the Commission on Elections shall conduct and supervise such plebisciite and the expenses for such plebiscite shall be borne by the Municipality of Calaca.

Section 54. The present elective officials of the Municipality of Calaca shall continue to exercise their powers and functions until such time that a new election is held and that the duly elected officials shall have wualified and assumed their offices, and the officials and employees of the Municipality shall likewise continue exercising their functions and duties and they shall automatically be absorbed by the city government of the City of Calaca.

Section 55. Succession Clause. - The City of Calaca shall succedd to all the assets, properties, liabilities and obligations of the Municipality of Calaca.

Section 56. Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province of Batangas. - The qualified voters of the City of Calaca shall be qualified 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 Batangas.

Section 57. Jurisidiction of the Province of Batangas. - The City of Calaca shall, unless otherwise provided by law, continue to be under the jurisdiction of the Province of Batangas.

Section 58. 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.

Section 59. Legislative District. - Until otherwise provided by law, the City of Calaca shall continue to be a part of the First Legislative District of the Province of Batangas.

Section 60. Applicability of Laws. - The provisions of the Local Government Code of 1991, as amended, and such other laws as are applicable to component cities shall govern the City of Calaca insofar as they are not inconsistent with the provisions of this Act.

Section 61. Separability Clause. - If, for any reason or reasons, any part or provision of this charter shall be held unconstitutional, invalid or inconsistent with the Local Government Code of 1991, as amended, the other parts or provisions hereof which are not affected shall continue to be in full force and effect.

Section 62. Effectivity. - This Ach shall take effect fifteen (15) days after its complete 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 on June 3, 2020, amended by the Senate of the Philippines on February 8, 2021, and which amendments were concurred in by the House of Representatives on March 9, 2021.

Approved: MAY 26 2021