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

Fifteenth Congress

Second Regular Session

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

REPUBLIC ACT NO. 10164       May 15, 2012

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

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 ofMabalacat City".

Section 2. MabalacatCity. - The Municipality ofMabalacat shall be converted into a component city to be known as Mabalacat City, hereinafter referred to as the City. The territorial jurisdiction of the City shall be within the present metes and bounds of the Municipality ofMabalacat, Province of Pampanga.

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 Mabalacat City and the adjoining local government units.

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 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, streete, 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. \f1\endash 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 Mabalacat City 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 he 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 OfficialsofMabalacatCity. - (a) There shall be in Mabalacat City: a city mayor, a city vice mayor, sangguniang panIungsod members, a secretary to the sangguniangpanIungsod, 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.

Provided, That, no increase in compensation of the city mayor, city vice mayor and sangguniang panlungsod member 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, he or she is a citizen of the Philippines at the time of the election, at least twenty-one (21) years of age, a resident of the City for at least one

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, but shall serve for not more than three (3) consecutive terms in the same position 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.

ARTICLE IV
THE SANGGUNIANG PANLUNGSOD

Section 10. Composition. - (a) The sangguniangpanlungsod, 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.

Section 11. Powers, Duties, Functions and Compensation. -

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 sangguniangpanlungsod 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:

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 results.

Section 16. Approval of Ordinances. - (a) Every ordinance enacted by the sanggnniang panlungsod shall be presented to the city mayor. Hthe city mayor approves the same, the signature on each and every page thereof shall be affixed, 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 (213) 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.

(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 enacted.

(c) The city mayor may veto an ordinance or resolution only once. The sanggunian may override the veto of the city mayor by two-thirds (213) 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 of ten (10) days from receipt of the documents, inform the sangguniang panlalawigan in writing of 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 cop ills 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 sangguniangpanlungsod 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 Mabalacat City Hall and in at least two (2) other conspicuous places in Mabalacat City not later than five (5) days after approval thereof.

(b) The secretary ofthe 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 Mabalacat City 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 ElectivePublicCity 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, the City Vice Mayor and the Among Barangay. - (a) If a permanent vacancy occurs in the office of the city mayor, the city vice mayor concerned shall become the city mayor.

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 the duties for physical or legal reasons such as, but not limited lo, 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.

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 Mabalacal Cily, of yood mural ulmiactei, a holder of a college degree preferably in civil or mechanical engineering, commerce or 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 an experience in real property assessment work or in any related field for at least five (5) years immediately preceding the date of the appointment.

Section 29. The City Accountant. - (a) The city accountant must be a citizen of the Philippines, a resident of Mabalacat City, 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 the appointment.

Section 30. The City Budget Officer. - (a) The city budget officer must be a citizen of the Philippines, a resident of Mabalacat City, of good moral character, 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 the appointment.

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 Mabafacat City, 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 the appointment.

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

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

Section 32. The City Engineer. - (a)Thecity engineermustbeacitizenofthe Philippines , a resident of Mabalacat City , of good moral character and a licensed civil engineer. He or she must have acquired experience in the practice of profession for at least five (5) years immediately preceding the date of the appointment.

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

Section 34. The City Civil Registrar. - (a) The city civil registrar must be a citizen of the Philippines, a resident of Mabalacat City, 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 the appointment.

Section 35. The City Administrator. - (a) The city administrator must be a citizen of the Philippines, a resident of Mabalacat City, 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 the appointment.

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

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

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 Mabalacat City, of g&od moral character, a 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 the appointment.

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

Section 39. The City General Services Office/s. - (a) The city general services officer must be a citizen of the Philippines, a resident of Mabalacat City, 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 the appointment.

Section 40. The City Architect. - (a) The City architect must be a citizen of the Philippines , a resident of Mabalacat City , of good moral character, and a duly licensed architect. He or she must have practiced his or her profession for at leat five (5) years immediately preceding the date of his or her appointment.

Section 41. The City Population Officer. - (a)Thecity population officer must be a citizen of the Philippines, a resident of Mabalacat City, 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.

Section 42. 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 Mabalacat City, of good moral character, a holder of a college degree preferably 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 the appointment.

Section 43. The City Information Officer. - (a) The city information officer must be a citizen of the Philippines, a resident of Mabalacat City, 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 acquired 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 the appointment

Section 44. The City Cooperatives Officer. - (a) The city cooperatives officer must be a citizen of the Philippines, a resident of Mabalacat City, 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 the appointment.

Section 45. The City Agriculturist. - fa) The city agriculturist must be a citizen of the Philippines, a resident of Mabalacat City, 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 the profession in agriculture or acquired the experience in a related field for at least five (5) years immediately preceding the date of the appointment.

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 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 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 Mabalacat City 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.

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

Section 51. P/e6/sc/te. - The Mabalacat City 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 Mabalacat 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 Mabalacat .

Section 52. Officials of Mabalacat City. - The present elective officials of the Municipality of Mabalacat 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 theirduties and functions and they shall be automatically absorbed by the city government of Mabalacat City.

Section 53. Succession Clause. - The Mabalacat City shall succeed to al! the assets, properties, liabilities and obligations of the Municipality of Mabalacat .

Section 54. EIection of Provincial Governor and Sangguniang Fanlalawigan Members of the Province of Pampanga. -The qualified voters of Mabalacat City shall be qualified to vote and run for any elective position in the elections for provincial governor, provincial vice governor.-sangguniang panlafawigan members and other elective positions for the Province of Pampanga.

Section 55. Jurisdiction of the Province of Pampanga. - The Mabalacat City shall, unless otherwise provided by law, continue to be under the jurisdiction of ihe Province of Pampanga.

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. Representative District. - Unless otherwise provided by law, Mabalacat City shall continue to be a part of the First Legislative District of the Province of Pampanga .

Section 58. Applicability of Laws. - The provisions of the Local Government Code of 1991, and other laws pertaining to the Province of Pampanga and such other laws as are applicable shall govern Mabaiacat City 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, other parts or provisions hereof which are not affected thereby shail continue to be in full force and effect.

Section 60. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in anyaewspaper of general and local circulation. Approved,

Approved,

This Act which ooriginated in the House of Representatives was finallly passed og the House of the Representative and the Senate on March March 6, 2012 and March 7, 2012, respectively.

Approved: JUNE 15, 2012

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