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

Seventeenth Congress
Third Regular Session

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

REPUBLIC ACT No. 11086

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

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 "Charter of the City of Sto. Tomas".

Section 2. The City of Sto. Tomas. — The Municipality of Sto. Tomas shall be converted into a component city to be known as the City of Sto. Tomas, hereinafter referred to as the City, which shall comprise the present territory of the Municipality of Sto. Tomas, Province of Batangas

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

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 of Sto. Tomas and the adjoining local government units: 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 pertain 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 to 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 conferred.

Section 5. 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 6. 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 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 (100m.) of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the city water service.

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

The court first taking cognizance of such an offense shall have jurisdiction to try cases to the exclusion of others. The police forces 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 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 7. The Officials of the City of Sto. Tomas. – (a) There shall be in the City of Sto. Tomas: a City Mayor, a City Vice Mayor, Sangguniang Panglungsod 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 officer, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city social welfare and development officer, a city veterinarian and a city general services officer.

ARTICLE III
THE CITY MAYOR AND CITY VICE MAYOR

Section 8. 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. No person shall be eligible for the position of City Mayor unless, at the time of the election, that person is a citizen of the Philippines, at least twenty-one (21) years of age, a resident of the City for at least one (1) year immediately preceding the day of the election and a qualified registered voter therein, and is able to read and write Filipino or any other local language or dialect. The City Mayor shall hold office for three (3) years, unless sooner removed, but shall serve for not more than three (3) consecutive terms in the same position. The City Mayor shall receive a minimum monthly compensation corresponding to Salary Grade Thirty (30) as prescribed under Republic Act No. 6758, as amended, otherwise known as the "Compensation and Position Classification Act of 1989", and the implementing guidelines issued pursuant thereto.

Section 9. 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 the election, possess the same qualifications as the City Mayor. The City Vice Mayor 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 the "Compensation and Position Classification Act of 1989", as amended, and the implementing guidelines issued pursuant thereto.

ARTICLE IV
THE SANGGUNIANG PANLUNGSOD

Section 10. Composition. – (a) The Sangguniang Panlungsod, the legislative body of the City, shall be composed of the City Vice Mayor as the presiding officer, the ten (10) regular Sanggunian members, the President of the City Chapter of the Liga ng mga Barangay, 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, who shall come 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 urban poor, indigenous cultural communities or persons with disabilities (PWDs).

Section 11. Powers, Duties, Functions and Compensation. – 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 for under Section 22 of the Local Government Code of 1991, as amended, and shall:

ARTICLE V
PROCESS OF LEGISLATION

Section 12. 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 13. 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 business and financial interests. Such disclosure shall also include professional relationship or any relation by affinity or consanguinity within the fourth civil degree with any person, firm or entity affected by any ordinance or resolution under consideration Sanggunian of which he or she is a member, which relationship may result in conflict of interests. Such relationship shall include:

Section 14. 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 15. 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 result.

Section 16. 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, his or her signature shall be affixed on each and every page thereof; otherwise, the ordinace shall be vetoed and return the same with his or her statement on the objections to the Sanggunian, which any 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 17. 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 thereof in writing.

Section 18. 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 the public investment programs formulated by the local development councils.

Section 19. 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 ordinances are consistent with law and city ordinances.

Section 20. Enforcement of Disapproved Ordinances or Resolutions. – Any attempt to enforce any ordinance or any resolution approving the local development plan and the public investment program after disapproval thereof shall be sufficient ground for the suspension or dismissal of the official or employee concerned.

Section 21. Effectivity of Ordinances or Resolutions. – (a) Unless otherwise stated in the ordinance or the resolution approving the local development plan and the 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 and in at least two (2) other conspicuous places in the City not later than five (5) days after approval thereof.

ARTICLE VI
DISQUALIFICATION AND SUCCESSION OF
ELECTIVE CITY OFFICIALS

Section 22. Disqualification of Elective City Officials. – The following persons are disqualified from running for any elective position in the City:

Section 23. 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 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 his or her permanent incapacity, the second highest ranking Sangguniang Panlungsod member becomes 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 under the Local Government Code of 1991, as amended.

Section 24. Permanent Vacancies in the Sangguniang Panlungsod. – Permanent vacancies in the Sangguniang Panlungsod where automatic succession as provided above does not apply shall be filled in by appointments in the following manner:

Section 25. Temporary Vacancy in the Office of the City Mayor. – (a) When the City Mayor is temporarily incapacitated to perform his or her duties for physical or legal reasons, such as, but not limited to, leave of absence, travel abroad and suspension from office, the City Vice Mayor or the highest ranking Sangguniang Panlungsod member shall automatically exercise the powers and perform the duties and functions of the City Mayor, except the power to appoint, suspend or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days.

ARTICLE VII
THE APPOINTIVE OFFICIALS OF THE CITY

Section 26. The 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 27. 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 civil service law, rules and regulations.

Section 28. The City Assessor. – (a) The City Assessor must be a citizen of the Philippines, a resident of the City of Sto. Tomas, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce 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 experience in real property assessment work or in any related field for at least five (5) years.

Section 29. The City Accountant.- (a) The City Accountant must be a citizen of the Philippines, a resident of the City of Sto. Tomas, of good moral character, a certified public accountant and must have acquired experience in the treasury or accounting service for at least five (5) years.

Section 30. The City Budget Officer. – (a) The City Budget Officer must be a citizen of the Philippines, a resident of the City of Sto. Tomas, of good moral character, a holder of a college degree preferably in accounting, economics, public administration or any related course obtained from a recognized college or university a first grade civil service eligible or its equivalent and must have acquired experience in government budgeting or in any related field for at least five (5) years.

Section 31. 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 Sto. Tomas, of good moral character, a holder of a college degree preferably in urban planning, development studies, economics, public administration, or in any related course obtained from a recognized college or university, a first grade civil service eligible or its equivalent and must have acquired experience in development planning or in any related field for at least five (5) years.

Section 32. The City Engineer. – (a) The City Engineer must be a citizen of the Philippines, a resident of the City of Sto. Tomas, of good moral character, a licensed civil engineer and must have acquired experience in the practice of profession for at least five (5) years.

Section 33. The City Health Officer. – (a) The City Health Officer must be a citizen of the Philippines, a resident of the City of Sto. Tomas, of good moral character, a licensed medical practitioner and must have acquired experience in the practice of the profession for at least five (5) years.

Section 34. The City Civil Registrar. – (a) The City Civil Registrar must be a citizen of the Philippines, a resident of the City of Sto. Tomas, of good moral character, a holder of a college degree obtained from a recognized college or university, a first grade civil service eligible or its equivalent and must have acquired experience in civil registry work for at least five (5) years.

Section 35. The City Administrator. – (a) The City Administrator must be a citizen of the Philippines, a resident of the City of Sto. Tomas, of good moral character, a holder of a college degree preferably in public administration, law or in 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 management and administrative work for at least five (5) years.

Section 36. The City Legal Officer. – (a) The City Legal Officer must be a citizen of the Philippines, a resident of the City of Sto. Tomas, of good moral character, a member of the Philippine bar and must have practiced the profession for at least five (5) years.

Section 37. 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 Sto. Tomas, of good moral character, a licensed social worker or a holder of a college degree preferably in social work, sociology or in any other related course obtained from a recognized college or university, a first grade civil service eligible or its equivalent and must have acquired experience in the practice of social work for at least five (5) years immediately preceding the date of appointment.

Section 38. The City Veterinarian. – (a) The City Veterinarian must be a citizen of the Philippines, a resident of the City of Sto. Tomas, of good moral character, a licensed Doctor of Veterinary Medicine and must have practiced the profession for at least three (3) years.

Section 39. The City General Services Officer. – (a) The City General Services Officer must be a citizen of the Philippines, a resident of the City of Sto. Tomas, of good moral character, a holder of a college degree in public administration, business administration or management obtained from a recognized college or university, a first grade civil service eligible or its equivalent and must have acquired experience in general services, including the management of supply, property, solid waste disposal and general sanitation for at least five (5) years.

Section 40. 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 Sto. Tomas, of good moral character, a holder of a college degree preferably in environment, forestry, agriculture or in any other related course obtained from a recognized college or university, a first grade civil service eligible or its equivalent and must have acquired experience in environment and natural resources management, conservation and utilization work for at least five (5) years.

Section 41. The City Architect. – (a) The City Architect must be a citizen of the Philippines, a resident of the City of Sto. Tomas, of good moral character, a duly licensed architect and must have practiced the profession for at least five (5) years.

Section 42. The City Information Officer. – (a) The City Information Officer must be a citizen of the Philippines, a resident of the City of Sto. Tomas, of good moral character, a holder of a college degree preferably in journalism, mass communication or in any related course obtained from a recognized college or university, a first grade civil service eligible or its equivalent and must have experience in writing articles and research papers, or writing for print, television or broadcast media for at least three (3) years.

Section 43. The City Cooperatives Officer. – (a) The City Cooperatives Officer must be a citizen of the Philippines, a resident of the City of Sto. Tomas, of good moral character, a holder of a college degree preferably in business administration with special training on cooperatives or in any related course obtained from a recognized college or university, a first grade civil service eligible or its equivalent and must have acquired experience in cooperatives organization and management for at least five (5) years.

Section 44. The City Population Officer. – (a) The City Population Officer must be a citizen of the Philippines, a resident of the City of Sto. Tomas, of good moral character, a holder of a college degree preferably with specialized training in population development obtained from a recognized college or university, a first grade civil service eligible or its equivalent and must have acquired experience in the implementation of programs on population development or responsible parenthood for at least five (5) years.

Section 45. The City Agriculturist. – (a) The City Agriculturist must be a citizen of the Philippines, a resident of the City of Sto. Tomas, of good moral character, a holder of a college degree preferably in agriculture or in any other related course obtained 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 experience in s related field for at least five (5) years.

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

Section 46. 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 land or site of the station.

Section 47. The City Jail Service. – (a) There shall be established and maintained in the City a secure, clean, adequately equipped and sanitary jail for the custody and safekeeping of prisoners, any fugitive from justice, or person detained awaiting investigation or transfer to the National Penitentiary, and/or trial and/or violent mentally ill person who endangers oneself or the safety of others, duly certified as such by the proper medical health officer, pending the transfer to a mental institution.

Section 48. The City Schools Division. – (a) There shall be established and maintained by the Department of Education (DepEd), a city schools division of the City of Sto. Tomas whose area of jurisdiction will cover all the school districts within the City.

Section 49. The City Prosecution Service. – (a) There shall be established in the City, a city prosecution service to be headed by a City Prosecutor and such number of assistant city prosecutors, as may be necessary, who shall be organizationally part of the Department of Justice (DOJ), 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 DOJ.

(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 DOJ.

The Secretary of Justice shall always ensure the adequacy and the quality of prosecution service in the City and, for this purpose, shall, in the absence, lack or insufficiency in number of assistant city 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

Section 50. Municipal Ordinances Existing at the Time of the Approval of this Act. – All municipal ordinances of the Municipality of Sto. Tomas existing at the time of the approval of this Act shall continue to be in force within the City of Sto. Tomas until the Sangguniang Panlungsod shall declare otherwise.

Section 51. Plebiscite. – The City of Sto. Tomas 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 Sto. Tomas within ninety (90) days from the approval of this Act.

The Commission on Elections shall conduct and supervise such plebiscite.

The expenses for the plebiscite shall be borne by the Municipality of Sto. Tomas.

Section 52. Officials of the City of Sto. Tomas. – The present elective officials of the Municipality of Sto. Tomas shall continue to exercise their powers and functions until such time that a new election is held and the duly elected officials shall have already qualified and assumed their offices. The two (2) additional members of the Sangguniang Panlungsod shall be appointed by the City Mayor and shall assume office until such time that the regular members of the Sangguniang Panlungsod have been elected and qualified in the next national and local elections after the effectivity of this Act. Appointive officials and employees of the municipality shall likewise continue exercising their functions and duties and they shall be automatically absorbed by the city government of the City of Sto. Tomas.

Section 53. Succession Clause. – The City of Sto. Tomas shall succeed to all the assets, properties, liabilities and obligations of the Municiaplity of Sto. Tomas.

Section 54. Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province of Batangas. – The qualified voters of the City of Sto. Tomas 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 officials for the Province of Batangas.

Section 55. Jurisdiction of the Province of Batangas. - The City of Sto. Tomas shall, unless otherwise provided by law, continue to be under the jurisdiction of the Province of Batangas.

Section 56. 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 57. Legislative District. – Until otherwise provided by law, the City of Sto. Tomas shall continue to be a part of the Third Legislative District of the Province of Batangas.

Section 58. Applicability of Laws. – The provisions of the Local Government Code of 1991, as amended, and other laws pertaining to the Province of Batangas and such laws as are applicable shall govern the City of Sto. Tomas insofar as they are not inconsistent with the provisions of this Act.

Section 59. 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 60. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in a newspaper of general circulation.

Approved,

VICENTE C. SOTTO III
President of the Senate

GLORIA MACAPAGAL-ARROYO
Speaker of the House of Representatives

This Act which originated  in the House of Representatives was passed by the House of Representatives on May 2, 2017, amended by the Senate on March 19, 2018, and which amendments were concurred in by the House of Representatives on July 31, 2018.

MYRA MARIE D. VILLARICA
Secretary of the Senate

DANTE ROBERTO P. MALING
Acting Secretary General
House of Representatives

Approved: October 5, 2018

(Sgd.) RODRIGO ROA DUTERTE
President of the Philippines