AN ACT CONVERTING THE MUNICIPALITY OF SAN PEDRO IN THE PROVINCE OF LAGUNA INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF SAN PEDRO

Fifteenth Congress

Third Regular Session

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

REPUBLIC ACT No. 10420

AN ACT CONVERTING THE MUNICIPALITY OF SAN PEDRO IN THE PROVINCE OF LAGUNA INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF SAN PEDRO

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 San Pedro".

Section 2. The City of San Pedro. – The Municipality of San Pedro shall be converted into a component city to be known as the City of San Pedro, hereinafter referred to as the City, which shall comprise the present territory of the Municipality of San Pedro, Province of Laguna.

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

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 San Pedro 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 provisions 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 its existing corporate seal: 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 (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 San Pedro shall have concurrent jurisdiction with the city or municipal court of the adjoining municipalities or cities, to try crimes and misdemeanors committed within said drainage area or within said spaces of one hundred meters (100 m.).

The court first taking cognizance of such an offense shall have jurisdiction to try cases to the exclusion of others. The police forces of several 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 spaces. 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 concerned and not to the City.

ARTICLE II
CITY OFFICIALS IN GENERAL

Section 7. The Officials of the City of San Pedro. – (a) There shall be in the City of San Pedro: a city mayor, a city vice mayor, sangguniang panlungsod members, a secretary to the sangguniang panlungsod, a city treasurer, a city assessor, a city accountant, a city budget officer, a city planning and development 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.

(b) In addition thereto, the city mayor may appoint a city environment and natural resources officer, a city architect, a city information officer, a city cooperatives officer, a city population officer and a city agriculturist.

(c) There shall be established in the City a city fire station to be headed by a city fire marshal, a city jail to be headed by a city jail warden, a city schools division to be headed by a city schools division superintendent and a city prosecution service to be headed by a city prosecutor.

(d) The sangguniang panlungsod may:

(e) 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.

(f) Elective and appointive city officials shall receive such compensation, allowances and other emoluments as may be determined by law or ordinance, subject to the budgetary limitations on personal services prescribed under Title Five, Book II of the Local Government Code of 1991: Provided, That no increase in compensation of the city mayor, city vice mayor and sangguniang panlungsod members shall take effect until after the expiration of the full term of the said local officials approving such increase.

ARTICLE III
THE CITY MAYOR AND THE 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, he or she 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 prior to his or her election and a qualified voter therein and 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 and 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″, and the implementing guidelines issued pursuant thereto.

The city mayor, as the chief executive of the city government, shall exercise such powers and perform such duties and functions as provided herein.

(b) For efficient, effective and economical governance, the purpose of which is the general welfare of the City and its inhabitants, the city mayor shall:

(c) During his or her incumbency, the city mayor shall hold office in the city hall.

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 Salary Standardization Law and the implementing guidelines issued pursuant thereto.

(b) The city vice mayor shall:

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 panlungsod na pederasyon ng mga sangguniang kabataan and the three (3) sectoral representatives, as members, who shall come from the following sectors: 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 disabled persons.

(b) The regular members of the sangguniang panlungsod and sectoral representatives shall be elected in the manner as may be provided by law.

(c) The members of the sangguniang panlungsod of the City of San Pedro shall receive a minimum monthly compensation corresponding to Salary Grade Twenty-five (25) as prescribed under the Salary Standardization Law and the implementing guidelines issued pursuant thereto.

Section 11. 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 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, 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.

(b) The rules of procedure shall provide for the following:

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. They shall also disclose any business, financial, professional relationship or any relation by affinity or consanguinity within the fourth civil degree, which they may have with any person, firm or entity affected by any ordinance or resolution under consideration by the sanggunian of which he or she is a member, which relationship may result in conflict of interests. Such relationship shall include:

In the absence of a specific constitutional or statutory provision 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 or her judgment to the prejudice of the service or the public.

(b) The disclosure required under this Act shall be made in writing submitted to the secretary of the sanggunian or the secretary of the committee of which he or she 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:

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 regular 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 the 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 sangguniang panlungsod shall keep a journal and a record of its proceedings, which may be published upon resolution of the sangguniang panlungsod.

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.

(b) Where there is no quorum, the presiding officer may declare a recess until such time 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 San Pedro, to arrest the absent member and present him or her 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.

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, the signature shall be affixed on each and every page thereof; otherwise, the ordinance shall be vetoed and returned with the statement 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.

(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 or she had signed it.

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.

(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 vetoed item or items 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 reenacted.

(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.

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.

(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 often (10) days from receipt of the documents, inform the sangguniang panlalawigan in writing of his or her 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 to be consistent with law and therefore valid.

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 or 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.

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 of San Pedro and in at least two (2) other conspicuous places in the City of San Pedro.

(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 and in at least two (2) conspicuous places in the City of San Pedro 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 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 the resolution duly enacted or adopted shall, in addition to being posted, be published once in a local newspaper of general circulation within the City: Provided, That in the absence thereof, the ordinance or the resolution shall be published in any newspaper of general circulation: Provided, further, That the gist of all ordinances with penal sanctions shall also be published in a newspaper of general circulation.

ARTICLE VI
DISQUALIFICATION AND SUCCESSION OF
ELECTIVE CITY OFFICIALS

Section 22. Disqualification of Elective Public 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 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 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 herein.

(b) If a permanent vacancy occurs in the office of the punong barangay, the highest ranking sangguniang barangay member or, in case of his or her permanent inability, the second highest ranking sangguniang member shall become the punong barangay.

(c) A tie between or among the highest ranking sangguniang panlungsod members shall be resolved by drawing of lots.

(d) The successors as defined herein shall serve only the unexpired terms of their predecessors.

(e) For purposes of this Act, a permanent vacancy arises when an elective local official fills in a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns or is otherwise permanently incapacitated to discharge the functions of his or her office.

(f) For purposes of succession as provided for in this Act, ranking in the sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in the City in the immediately preceding local election.

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 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.

(b) Said temporary incapacity shall terminate upon submission to the sangguniang panlungsod of a written declaration by the city mayor that he or she has reported back to office. In case where the temporary incapacity is due to legal cause, the city mayor shall also submit necessary documents showing that the said legal cause no longer exists.

(c) When the city mayor is traveling within the country but outside the territorial jurisdiction for a period not exceeding three (3) consecutive days, he or she may designate in writing the officer-in-charge of Iris or her office. Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the city mayor, except the power to appoint, suspend or dismiss employees.

(d) In the event, however, that the city mayor fails or refuses to issue such authorization, the city vice mayor or the highest ranking sangguniang panlungsod member, as the case may be, shall have the right to assume the powers, duties and functions of the said office on the fourth (4) day of absence of the city mayor, subject to the limitations provided for in subsection (c) hereof.

(e) Except as provided above, the city mayor shall, in no case, authorize any local official to assume the powers, duties and functions of the office other than the city vice mayor or the highest ranking member of the sangguniang panlungsod, as the case may be.

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.

(b) No person shall be appointed secretary to the sangguniang panlungsod unless he or she is a citizen of the Philippines, a resident of the City of San Pedro, of good moral character, a holder of a college degree preferably in law, commerce or public administration from a recognized college or university and a first grade civil service eligible or its equivalent.

The appointment of a secretary to the sanggunian shall be mandatory.

(c) The secretary to the sangguniang panlungsod shall take charge of the office of the sangguniang panlungsod, and shall:

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.

(b) The city treasurer shall be under the administrative supervision of the city mayor, to whom he or she shall report regularly on the tax collection efforts of the City.

(c) No person shall be appointed city treasurer unless he or she is a citizen of the Philippines, a resident of the City of San Pedro, of good moral character, a holder of a college degree preferably in commerce, public administration or law from a recognized college or university, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in treasury or accounting service for at least five (5) years.

The appointment of a city treasurer shall be mandatory.

(d) The city treasurer shall receive such compensation, emoluments and allowances as may be determined by law.

(e) The city treasurer shall take charge of the city finance department, and shall:

Section 28. The City Assessor. – (a) The city assessor must be a citizen of the Philippines, a resident of the City of San Pedro, 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 licensed appraiser under Republic Act No. 9646, and a first grade civil service eligible or its equivalent. He or she must have an experience in real property assessment work or in any related field for at least five (5) years immediately preceding the date of his or her appointment.

The appointment of a city assessor shall be mandatory.

(b) The city assessor shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city assessor shall take charge of the city assessor’s department, and shall:

Section 29. The City Accountant. – (a) The city accountant must be a citizen of the Philippines, a resident of the City of San Pedro, 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 immediately preceding the date of his or her appointment.

The appointment of a city accountant shall be mandatory.

(b) The city accountant shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city accountant shall take charge of both the office of the accounting and internal audit services, and shall:

Section 30. The City Budget Officer. – (a) The city budget officer must be a citizen of the Philippines, a resident of the City of San Pedro, 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, and a first grade civil service eligible or its equivalent. The city budget officer must have acquired experience in government budgeting or in any related field for at least five (5) years immediately preceding the date of his or her appointment.

The appointment of a city budget officer shall be mandatory.

(b) The city budget officer shall take charge of the city budget department, and shall:

(c) The city budget officer shall receive such compensation, emoluments and allowances as may be determined by law.

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 San Pedro, 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, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in development planning or in any related field for at least five (5) years immediately preceding the date of his or her appointment.

The appointment of a city planning and development officer shall be mandatory.

(b) The city planning and development officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city planning development officer shall take charge of the city planning and development coordinating office, and shall:

Section 32. The City Engineer. – (a) The city engineer must be a citizen of the Philippines, a resident of the City of San Pedro, of good moral character and a licensed civil engineer. He or she must have acquired experience in the practice of his or her profession for at least five (5) years immediately preceding the date of his or her appointment.

The appointment of a city engineer shall be mandatory.

(b) The city engineer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city engineer shall take charge of the city engineering office, and shall:

Section 33. The City Health Officer. – (a) The city health officer must be a citizen of the Philippines, a resident of the City of San Pedro, of good moral character and a licensed medical practitioner. He or she must have acquired experience in the practice of his or her profession for at least five (5) years immediately preceding the date of his or her appointment.

(b) The city health officer shall receive such compensation, emoluments and allowances as may be determined by law.

The appointment of a city health officer shall be mandatory.

(c) The city health officer shall take charge of the office of the city health services, and shall:

Section 34. The City Civil Registrar. – (a) The city civil registrar must be a citizen of the Philippines, a resident of the City of San Pedro, of good moral character, a holder of a college degree from a recognized college or university, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in civil registry work for at least five (5) years immediately preceding the date of his or her appointment.

The appointment of a city civil registrar shall be mandatory.

(b) The city civil registrar shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city civil registrar shall be responsible for the civil registration program in the City of San Pedro, pursuant to the Civil Registry Law, the Civil Code and other pertinent laws, rules and regulations issued to implement them.

(d) The city civil registrar shall take charge of the office of the city civil registry, and shall:

Section 35. The City Administrator. – (a) The city administrator must be a citizen of the Philippines, a resident of the City of San Pedro, 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, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in management, and administrative work for at least five (5) years immediately preceding the date of his or her appointment.

The appointment of a city administrator shall be mandatory.

(b) The term of the city administrator is coterminous with that of his or her appointing authority.

(c) The city administrator shall receive such compensation, emoluments and allowances as may be determined by law.

(d) The city administrator shall take charge of the city administrator’s office, and shall:

Section 36. The City Legal Officer. – (a) The city legal officer must be a citizen of the Philippines, a resident of the City of San Pedro, of good moral character and a member of the Philippine Bar. He or she must have practiced his or her profession for at least five (5) years immediately preceding the date of his or her appointment.

The term of the city legal officer shall be coterminous with that of his or her appointing authority.

The appointment of a city legal officer shall be mandatory.

(b) The city legal officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city legal officer, the chief legal counsel of the City, shall take charge of the office of the city legal service, and shall:

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 San Pedro, of good moral character, a duly licensed social worker or a holder of a college degree preferably in social work or in any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in the practice of social work for at least five (5) years immediately preceding the date of his or her appointment.

The appointment of a city social welfare and development officer shall be mandatory.

(b) The city social welfare and development officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city social welfare and development officer shall take charge of the office of the social welfare and development, and shall:

Section 38. The City Veterinarian. – (a) The city veterinarian must be a citizen of the Philippines, a resident of the City of San Pedro, of good moral character and a licensed doctor of veterinary medicine. He or she must have practiced his or her profession for at least three (3) years immediately preceding the date of his or her appointment.

The appointment of a city veterinarian officer shall be mandatory.

(b) The city veterinarian shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city veterinarian shall take charge of the office of the veterinary services, and shall:

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 San Pedro, of good moral character, a holder of a college degree in public administration, business administration or management from a recognized college or university, and a first grade civil service eligible or its equivalent. He or she 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 immediately preceding the date of his or her appointment.

The appointment of city general services officer shall be mandatory.

(b) The city general services officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city general services officer shall take charge of the office of the general services, and shall:

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 San Pedro, of good moral character, a holder of a college degree prefer ably in environment, forestry, agriculture or in any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in environment and natural resources management, conservation and utilization work for at least five (5) years immediately preceding the date of his or her appointment.

The appointment of a city environment and natural resoures officer shall be optional.

(b) The city environment and natural resources officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city environment and natural resources officer shall take charge of the city environment service department, and shall:

Section 41. The City Architect. – (a) The city architect must be a citizen of the Philippines, a resident of the City of San Pedro, of good moral character, and a duly licensed architect. He or she must have practiced his or her profession for at least five (5) years immediately preceding the date of his or her appointment.

The appointment of a city architect shall be optional.

(b) The city architect shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city architect shall take charge of the office of the architectural planning and design, and shall:

Section 42. The City Information Officer. – (a) The city information officer must be a citizen of the Philippines, a resident of the City of San Pedro, of good moral character, a holder of a college degree preferably in journalism, mass communication or in any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He or she must have experience in writing articles and research papers, or writing for print, television or broadcast media for at least three (3) years immediately preceding the date of his or her appointment.

The term of the city information officer is coterminous with that of his or her appointing authority.

The appointment of a city information officer shall be optional.

(b) The city information officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city information officer shall take charge of the city information and community relations department, and shall:

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

The appointment of a city cooperatives officer shall be optional.

(b) The city cooperatives officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city cooperatives officer shall take charge of the office for the development of cooperatives, and shall:

Section 44. The City Population Officer. – (a) The city population officer must be a citizen of the Philippines, a resident of the City of San Pedro, of good moral character, a holder of a college degree preferably with specialized training in population development from a recognized college or university, and a first grade civil service eligible or its equivalent. He or she must have acquired experience in the implementation of programs on population development or responsible parenthood for at least five (5) years immediately preceding the date of his or her appointment.

The appointment of a city population officer shall be optional.

(b) The city population officer shall receive such compensation, emoluments and allowances as may be determined by law; and

(c) The city population officer shall take charge of the office of the population development, and shall:

Section 45. The City Agriculturist. – (a) The city agriculturist must be a citizen of the Philippines, a resident of the City of San Pedro, of good moral character, a holder of a college degree preferably in agriculture or in any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He or she must have practiced his or her profession in agriculture or acquired the experience in a related field for at least five (5) years immediately preceding the date of his or her appointment.

The appointment of a city agriculturist shall be mandatory.

(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 of the agricultural services, and shall:

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 DILG. The City shall provide the necessary land or site of the station.

(b) The city fire station shall be headed by a city fire marshal whose qualifications shall be as those provided for under Republic Act No. 9263, as amended, otherwise known as the "Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of 2004″.

(c) The city fire station shall be responsible for providing emergency services such as the rescue and evacuation of injured people related to incidents and, in general, all fire prevention and suppression measures to secure the safety of life and property of the citizenry.

Section 47. 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 violent mentally ill person who endangers himself or herself 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 whose qualifications shall be as those provided for under Republic Act No. 9263, as amended, otherwise known as the "Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of 2004″. He or she 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.

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 San Pedro whose area of jurisdiction will cover all the school districts within the City.

(b) The city schools division shall be headed by a city schools division superintendent who must possess the necessary qualifications required by the DepED.

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 or 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 San Pedro existing at the time of the approval of this Act shall continue to be in force within the City of San Pedro until the sangguniang panlungsod shall declare otherwise.

Section 51. Plebiscite. – The City of San Pedro 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 San Pedro within thirty (30) days from the approval of this Act.

The Commission on Elections shall conduct and supervise such plebiscite.

The expenses for such plebiscite shall be borne by the Municipality of San Pedro.

Section 52. Officials of the City of San Pedro. – The present elective officials of the Municipality of San Pedro 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. 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 San Pedro.

Section 53. Succession Clause. – The City of San Pedro shall succeed to all the assets, properties, liabilities and obligations of the Municipality of San Pedro.

Section 54. Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province of Laguna. – The qualified voters of the City of San Pedro 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 Laguna.

Section 55. Jurisdiction of the Province of Laguna. – The City of San Pedro shall, unless otherwise provided by law, continue to be under the jurisdiction of the Province of Laguna.

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 San Pedro shall continue to be a part of the First Legislative District of the Province of Laguna.

Section 58. Applicability of Laws. – The provisions of the Local Government Code of 1991 and other laws pertaining to the Province of Laguna and such laws as are applicable shall govern the City of San Pedro insofar as these 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, the other parts or provisions hereof which are not affected thereby 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 any newspaper of general and local circulation.

Approved,

This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on January 30, 2013 and January 28, 2013, respectively.

Approved: MAR 27 2013

(Sgd.) BENIGNO S. AQUINO III
President of the Philippines