February 2, 2018

Republic Act No. 11086 Establishing the City of Santo Tomas, Batangas

Poblacion Santo Tomas.  Image source:  Google Earth Street View.
Santo Tomas is the Province of Batangas’ fourth and newest city, converted from a municipality in 2018. It is Batangas’ northernmost geo-political unit and the gateway to Laguna and beyond. It was erstwhile a 1st income class municipality with a land area of 95.41 square kilometers and a 2015 population of 124,740

Below are the contents of Republic Act 11086 which converted Santo Tomas formally into a city:
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 lmown as the “Charter of the City of Sto. Tomas”.

SEC. 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 mates 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.

SEC. 3. Corporate Powers of the City. — The City constitutes a political body corporate and as such is endowed w1th 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:

(a) To have a continuous succession in its corporate name;

(b) To sue and be sued;

(c) To have and use a corporate seal;

(d) To acquire, hold and convey real or personal property;

(e) To enter into any contract and/or agreement; and

(f) To exercise such other powers, prerogatives or authority subject to the limitations provided under Republic Act No. 7160, otherwise known as the "Local Government Code of 1991, as Amended," this Act or Laws.

SEC. 5. 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.

SEC. 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.

SEC. 6. Jurisdiction of the City. — The jurisdiction of the City, for police purposes only, shall be coextensive with its territorial jurisdicfion 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 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 (100 m.) 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 shall have concurrent jurisdiction with the police forces of the City for the maintenance of good order and the enforcement of ordinances throughout said zone, area or space. Any license that may be issued within said zone, area or space shall be granted by the proper authorities of the city or municipality concerned, and the fees arising therefrom shall accrue to the treasury of the said city or municipality concerned and not to the City.

ARTICLE II

CITY OFFICIALS IN GENERAL

SEC. 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 Panlungsod members, a secretary to the Sangguniang Panlungsod, a city treasurer, a city assessor, a city accountant, a city budget ofiicer, a city planning and development officer, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal ofiicer, 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:

(1) Maintain existing offices not mentioned in subsections (a) and (b) hereof;

(2) Create such other offices as may be necessary to carry out the purpose of the city; or

(3) Consolidate the functions of any oflice with those of another in the interest of efficiency and economy.

(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 laws, rules and regulations. The Sangguniang Panlungsod shall act on the appointment within fifteen (15) days from the date of its submission, otherwise the same shall be deemed confirmed.

(f) Elective and appointive city officials shall receive 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, as amended: Provided, That no increase in the 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 local officials approving the increase.

ARTICLE III

THE CITY MAYOR AND CITY VICE MAYOR

SEC. 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 monthly compensation corresponding to the 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.

The City Mayor, as the Chief Executive of the City Government, shall exercise such powers and perform such duties and functions as provided under the Local Government Code of 1991, as amended, this Act, and other laws.

(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:

(1) Exercise general supervision and control over all programs, projects, services, and activities of the City government and, in this connection, shall:

(i) Determine the guidelines of city policies and be responsible to the Sangguniang Panlungsod for the program of government;

(ii) Direct the formulation of the city development plan, with the assistance of the city development council and, upon approval thereof by the Sangguniang Panlungsod, implement the same;

(iii) Present the program of government and propose policies and projects for the consideration ofthe Sangguniang Panlungsod at the opening of the regular session of the Sangguniang Panlungsod every calendar year and as often as may be deemed necessary as the general welfare of the inhabitants and the needs of the city government may require;

(iv) Initiate and propose legislative measures to the Sangguniang Panlungsod and, as often as may be deemed necessary, provide such information and data needed or requested by said Sangguniang Panlungsod in the performance of its legislative functions;

(v) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of city funds and whose appointments are not otherwise provided for under the Government Code of 1991, as amended, and in this Act, and those whose appointment he or she may be authorized by laws to appoint;

(vi) Represent the City in all its business transactions and sign on its behalf all bonds, contracts and obligations, and other documents upon the authority of the Sangguniang Panlungsod or pursuant to law or ordinance;

(vii) Carry out emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities;

(viii) Determine the time, manner and place of payment of salaries or wages of the officials and employees of the City, in accordance with law or ordinance;

(ix) Allocate and assign office space to the City and other officials and employees who, by law or ordinance, are entitled to space in the city hall and other buildings owned or leased by the city government;

(x) Ensure that all executive officials and employees of the City faithfully discharge their duties and functions as provided for by law and the Local Government Code of 1991, as amended, and cause to be instituted administrative or judicial proceedings against any official or employee of the City who may have committed an offense in the performance of official duties;

(xi) Examine the books, records and other documents of all offices, officials, agents or employees of the City and, in aid of executive powers and authority, require all national officials and employees stationed in or assigned to the City to make available books, records and other documents in their custody, except those classified by law as confidential;

(xii) Furnish copies of executive orders issued to the provincial governor within seventy-two (72) hours after their issuance;

(xiii) Visit component barangays of the City at least once every six (6) months to deepen understanding of the problems and conditions, listen and give appropriate counsel to local officials and inhabitants, inform the component barangay officials and-inhabitants of general laws and ordinances which especially concern them, and otherwise conduct visits and inspections to ensure that the governance of the City will improve the quality of life of the inhabitants;

(xiv) Act on leave applications of officials and employees appointed by him or her and on the commutation of the monetary value of their leave credits in accordance with law;

(xv) Authorize official trips of city officials and employees outside of the City for a period not exceeding thirty (30) days: Provided, That trips abroad for a longer period may be authorized in accordance with the Local Government Code of 1991, as amended;

(xvi) Call upon any national official or employee stationed in or assigned to the City for advice on matters affecting the City and to make recommendations thereon; coordinate with the oficials and employees in the formulation and the implementation of plans, programs and projects; and, when appropriate, initiate an administrative or judicial action against a national government official or employee who may have committed an offense in the performance of official duties while stationed in or assigned to the City;

(xvii) Authorize payment for medical care, necessary transportation, subsistence, hospital or medical fees of city officials and employees who are injured while in the performance of their official dutieI and functions, subject to the availability of funds;

(xviii) Solemnize marriages, any provision of law to the contrary notwithstanding;

(xix) Conduct an annual palarong panlungsod which shall feature traditional sports and disciplines included in national international games, in coordination with the Department of Education (DepEd); and

(xx) Submit to the provincial governor the following reports: an annual report containing a summary of all matters pertinent to the management, administration and development of the City and all information and data relative to its political, social and economic conditions; and supplemental reports when unexpected events and situations arise at any time during the year, particularly when man-made and natural disasters or calamities affect the general welfare of the City;

(2) Enforce all laws and ordinances relative to the governance of the City and in the exercise of its appropriate corporate powers, as well as implement all approved policies, programs, projects, services and activities of the City; and, in addition, shall:

(i) Ensure that the acts of the City’s component barangays and of its officials and employees are within the scope of their prescribed powers, duties and functions;

(ii) Call conventions, conferences, seminars or meetings of elective and appointive officials of the City, including national and provincial officials and employees stationed in or assigned to the City, at such time and place and on subjects as may be deemed important for the promotion of the general welfare of the local government unit and its inhabitants;

(iii) Issue executive orders for the faithful and appropriate enforcement and execution of laws and
ordinances;

(iv) Be entitled to carry the necessary firearms within his or her territorial, jurisdiction;

(v) Act as the deputized representative of the National Police Commissionl, formulate the peace and order plan of the City and, upon its approval, implement the same, and as such, exercise general and operational control and supervision over local police force in the City in accordance with Republic Act No. 6975, otherwise known as the “Department of the Interior and Local Government Act of 1990”; and

(vi) Call upon the law enforcement agencies to suppress disorder, riot, lawless violence, rebellion, sedition, or apprehend violators of the law when public interest so requires and the city police forces are inadequate to cope with the situation or the violators;

(3) Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities, particularly those resources and revenues programmed for agro-industrial development and countryside growth and progress and, relative thereto, shall:

(i) Require each head of an office or department to prepare and submit an estimate of appropriations for the ensuing calendar year, in accordance with the budget preparation process enshrined under Republic Act No. 7160, as amended, otherwise known as the “Local Government Code of 1991”;

(ii) Prepare and submit to the Sanggunian for approval the executive and supplemental budgets of the City for the ensuing calendar year in the manner provided for under the Local Government Code of 1991, as amended;

(iii) Ensure that all taxes and other revenues of the City are collected, and that city funds are applied to the payment of expenses and the settlement of obligations of the City, in accordance with law or ordinance;

(iv) Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which the licenses or permits had been issued, pursuant to law or ordinance;

(v) Issue permits, without need for approval from any national agency, for the holding of activities for any charitable or welfare purpose, excluding prohibited games of chance or shows contrary to law, public policy and public morals;

(vi) Require owners of illegally constructed houses, buildings or other structures to obtain the necessary permits, subject to fines and penalties as may be imposed by law or ordinance, or to make necessary changes in their construction when violative of any law or ordinance, or to order the demolition or removal of house, building or structure within the period prescribed by law or ordinance;

(vii) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other resources of the City;

(viii) Provide efficient and effective property and supply management in the City and protect the funds, credits, rights and other properties of the City; and

(ix) Institute or cause to be instituted administrative or judicial proceedings for violation of ordinances in the collection of taxes, fees, charges, and for the recovery of funds and property; and cause the City to be defended against all suits to ensure that its interests, resources and rights shall be adequately protected;

(4) Ensure the delivery of basic services and the provision of adequate facilities and, in addition thereto, shall:

(i) Ensure that the construction and repair of roads and highways funded by the national government shall be, as far as practicable, carried out, in a spatially contiguous manner and in coordination with the construction and repair of the roads and bridges of the City and of the Province; and

(ii) Coordinate the implementation of technical services, including public works and infrastructure programs, rendered by national offices; and

5) Perform such other duties and functions and exercise such other powers as provided for under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.

(c) During the incumbency of the City Mayor, he or she shall hold office in the city hall.

SEC. 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.

(b), The City Vice Mayor shall:

(1) Be the presiding officer of the Sangguniang Panlungsod and shall sign all warrants drawn on the City Treasury for all expenditures appropriated for the operation of the Sangguniang Panlungsod;

(2) Subject to civil service law, rules and regulations, appoint all officials and employees of the Sangguniang Panlungsod, except those whose manner of appointment is specifically provided for under the Local Government Code of 1991, as amended;

(3) Assume the office of the City Mayor for the unexpired term of the latter in the event of permanent vacancy as provided for under the Local Government Code of 1991, as amended;

(4) Exercise the powers and perform the duties and functions of the City Mayor in case of temporary vacancy as provided for under the Local Government Code of 1991, as amended; and

(6) Perform other duties and functions and exercise other powers as provided for under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.

ARTICLE IV

THE SANGGUNIANG PANLUNGSOD

SEC. 10. Composition. — (a) The Sangguniang Panlungsod, the legislative body of the City, shall be composed of the City Vice Mayor as the presiding oflicer, 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, 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).

(b) The regular members ofthe Sangguniang Panlungsod and sectoral representatives shall be elected in the manner as may be provided by law.

(c) The members of the Sangguniang Panlungsod shall receive a minimum monthly compensation corresponding to Salary Grade Twenty-five (25) as prescribed under the “Compensation and Position Classification Act of 1989”, as amended, and the implementing guidelines issued pursuant thereto.

SEC. 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:

(1) Approve ordinances and pass resolutions necessary for an efficient and effective city government and, in this connection, shall:

(i) Review all ordinances approved by the Sangguniang Barangay and executiver orders issued by the Punong Barangay to determine whether these are within the scope of the prescribed powers of the Sangguniang Barangay and of the Punong Barangay;

(ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the violation of ordinances;



(iii) Approve ordinances imposing a fine not exceeding Five thousand pesos (₱5,000.00) or imprisonment for a period not exceeding one (1) year, or both, at the discretion of the court, for violation of a city ordinance;

(iv) Adopt measures to protect the inhabitants of the City from the harmful effects of man-made or natural disasters and calamities, and to provide relief serviceI and assistance to victims during and in the aftermath of said disasters or calamities and in their return to productive livelihood following said events;

(v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, the establishment and maintenance of house of ill-repute, illegal gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic material or publications and such other activities inimical to the welfare and morals of the inhabitants of the City;

(vi) Protect the. environment and impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging, smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash-and-burn farming and such other activities which result in pollution, acceleration of siltation of rivers and lakes or of ecological imbalance;

(vii) Subject to the provisions of the Local Government Code of 1991, as amended, and other pertinent laws, determine the powers and duties of officials and employees of the City;

(viii) Determine the positions and the salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from city funds and prov1de for expenditures necessary for the proper conduct of programs, projects, services and activities of the city government;

(ix) Authorize the payment of compensation to a Qualified person not in the government service who fills in a temporary vacancy or grant honoraria to any qualified official or employee designated to fill in a temporary vacancy in a concurrent capacity at the rate authorized by law;

(x) Provide a mechanism and the appropriate funds therefor for the safety and protection of all city government properties, public documents or records such as those relating to property inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts, business permits-and such other records and documents of public interest in the offices and departments of the city government;

(xi) When. the finances of the city government allow, prov1de for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other national government employees stationed in or assigned to the city.

(xii) Provide legal assistance to barangay officials who, in the performance of their official duties on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and

(xii) Provide for group insurance or additional insurance coverage for all barangay officials, including members of barangay tanod brigades and service units, with public or private insurance companies, when the finances of the city government allow coverage;

(2) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the City, as provided for under the Local Government Code of 1991, as amended, with particular attention to agro-industrial development and city wide growth and progress and, relative thereto, shall:

(i) Approve the annual and supplemental budgets of the city government and appropriate funds for specific programs, projects, services and activities of the City, or for other purposes not contrary to law, in order to promote the general welfare of the City and its inhabitants;

(ii) Subject to the provisions of Book II of the Local Government Code of 1991, as amended, and applicable laws and, upon the majority vote of all the members of the Sangguniang Panlungsod, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes and granting tax exemptions, incentives or reliefs;

(iii) Subject to the provisions of Book II of the Local Government Code of 1991, as amended, and upon the majority vote of all the members of the Sangguniang Panlungsod, authorize the City Mayor to negotiate and contract loans and other forms of indebtedness;

(iv) Subject to the provisions of Book II of the Local Government Code of 1991, as amended, and applicable laws and, upon the majority vote of all the members of the Sangguniang Panlungsod, enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development projects;

(v) Appropriate funds for the construction and maintenance or the rental of buildings for the use of the City and, upon the majority vote of all the members of the Sangguniang Panlungsod, authorize the City Mayor to lease to private parties such public buildings held in a proprietary capacity, subject to existing laws, rules and regulations;

(vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the City;

(vii) Adopt a comprehensive land-use plan for the City and ensure that the formulation, adoption or modification of said plan shall be in coordination with the approved provincial comprehensive land-use plan;

(viii) Reclassify lands within the jurisdiction of the City, subject to the pertinent provisions of the Local Government Code of 1991, as amended;

(ix) Enact integrated zoning ordinances in consonance with the approved comprehensive land-use plan, subject to existing laws, rules and regulations; establish fire limits or zones, particularly in populous centers; and regulate the construction, repair or modification of buildings within said limits or zones in accordance with the provisions of the Fire Code of the Philippines;

(x) Subject to national law, process and approve subdivision plans for residential, commercial or industrial purposes and other development purposes, and to collect processing fees and other charges, the proceeds of which shall accrue entirely to the City: Provided, however, That where approval of a national agency or office is required, said approval shall not be withheld for more than thirty (30) days from receipt of the application. Failure to act on the application within the period stated above shall be deemed as approval thereof.

(xi) Subject to the provisions of Book II of the Local Government Code of 1991, as amended, grant exclusive privilege of constructing fish corrals or fish pens, or taking or catching of bangus fry, prawn fry or kawag-kawag, or try of any species or fish within the city waters;

(xii) With the concurrence of at least two-thirds (2/3) vote of all the members of the Sangguniang Panlungsod, grant tax exemptions, incentives or reliefs to entities engaged in community growth-inducing industries, subject to the provisions of the Local Government Code of 1991, as amended;

(xiii) Grant loans or provide grants to other local government units or to national, provincial and city
charitable, benevolent or educational institutions: Provided, That the institutions are operated and maintained within the City;

(xiv) Regulate the numbering of residential, commercial and other buildings; and

(xv) Regulate the inspection, weighing and measuring of articles of commerce;

(3) Subject to the provisions of Book II of the Local Government Code of 1991, as amended, enact ordinances granting franchises and authorizing the issuance of permits or licenses, upon conditions and for purposes intended to promote the general welfare of the inhabitants of the City and, pursuant to this legislative authority, shall:

(i) Fix and impose reasonable fees and charges for all services rendered by the city government to private persons or entities;

(ii) Regulate or fix license fees for any business or practice of profession within the City and the conditions under which the license for the business or practice of profession may be revoked, and enact ordinances levying taxes thereon;

(iii) Provide for and set the terms and conditions under which public utilities owned by the City shall be operated by the city government and prescribe the conditions under which the same may be leased to private persons or entities, preferably cooperatives;

(iv) Regulate the display of and fix the license fees for signs, signboards or billboards at the place or places : where the profession or business advertised thereby is, in whole or in part, conducted;

(v) Any law to the contrary notwithstanding, authorize and license the establishment, operation and maintenance of cockpits, and regulate cockfighting and commercial breeding of game cocks: Provided, That existing rights should not be prejudiced;

(vi) Subject to the guidelines prescribed by the Department of Transportation (DOTr), regulate the operation of tricycles and grant franchises for the operation thereof within the territorial jurisdiction of the City; and

(vii) Upon approval by a majority vote of all the members of the Sangguniang Panlungsod, grant a franchise to any person, partnership, corporation or cooperative to do business within the City; establish, construct, operate and maintain ferries, wharves, markets or slaughterhouses; or undertake other activities within the City as may be allowed by existing laws: Provided, That cooperatives shall be given preference in the grant of franchise;

(4) Regulate activities relative to the use of land, buildings and structures within the City in order to
promote the general welfare and, for the said purpose, shall:

(i) Declare, prevent or abate any nuisance;

(ii) Require that buildings and the premises thereof and any land within the City be kept and maintained in a sanitary condition; impose penalties for any violation thereof; or upon failure to comply with the said requirement, have the work done at the expense of the owner, administrator or tenant concerned; and require the filling up of any land or premises to a grade necessary for sanitation;

(iii) Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar establishments;

(iv) Regulate the establishment, operation and maintenance of restaurants, beer houses, hotels, motels, inns, pension houses, lodging houses and other similar establishments, including tourist guides and transports;

(v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or fermented liquors at any retail outlet;

(vi) Regulate the establishment and provide for the inspection of steam boilers or any heating device in buildings and the storage of inflammable and highly combustible materials within the City;

(vii) Regulate the establishment, operation and maintenance of any entertainment or amusement facility, including the theatrical performances, circuses, billiard halls, public dancing schools, public dance halls, sauna baths, massage parlors, and other places for entertainment or amusement; regulate such other events or activities for amusement or entertainment, particularly those which tend to disturb the community or annoy the inhabitants, or require the suspension or suppression of the same; or prohibit certain forms of amusement or entertainment in order to protect the social and moral welfare of the community;

(viii) Provide for the impounding of stray animals; regulate the keeping of animals in homes or as part of a business, and the slaughter, sale or disposition of the same; and adopt measures to prevent and penalize cruelty to animals; and

(ix) Regulate the establishment, operation and maintenance of funeral parlors and the burial or cremation of the dead, subject to existing laws, rules and regulations;

(5) Approve ordinances which shall ensure the efficient and effective delivery of basic services and facilities as provided for under the Local Government Code of 1991, as amended, and, in addition to said services and facilities, shall:

(i) Provide for the establishment, maintenance, protection and conservation of communal forests and watersheds, tree parks and green belts, mangroves, and other similar forest development projects;

(ii) Establish markets, slaughterhouses or animal corrals and authorize the operation thereof by the city government; and regulate the construction and operation of private markets, talipapas or other similar buildings and structures;

(iii) Authorize the establishment, maintenance and operation by the city government of ferries; wharves, and/or other structures intended to accelerate productivity related to marine life and seashore or offshore activities in the preservation thereof;

(iv) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products, and other foodstuffs for public consumption;

(v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement, repair and maintenance of the same; establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets and public places;

(vi) Regulate traffic on all streets and bridges, prohibit encroachments or obstacles thereon and, when necessary in the interest of public welfare, authorize the removal of encroachments and illegal constructons in public places;

(vii) Subject to existing laws, establish and provide for the maintenance, repair and operation of an efficient waterworks system to supply water for the City’s inhabitants and to purify the source of the water supply; regulate the construction, maintenance, repair and use of hydrants, pumps, cisterns and reservoirs; protect the purity and the quantity of the water supply of the City and, for this purpose, extend the coverage of appropriate ordinances over all territories within the drainage area of said water supply within one hundred meters (100 m.) of the reservoir, canal, conduit, aqueduct, pumping station or watershed used in connection with the water service; and regulate the consumption, use or wastage of water and fix and collect charges thereof;

(viii) Regulate the drilling and excavation of the ground for the laying of water, gas, sewer and other pipes and the construction, repair and maintenance of public drains, sewers, cesspools, tunnels and similar structures; regulate the placing of poles and the use of crosswalks, curbs and gutters; adopt measures to ensure public safety against open canals, man holes, live wires and other similar hazards to life and property; and regulate the construction and use of private water closets, privies and other similar structures in buildings and homes;

(ix) Regulate the placing, stringing, attaching, installing, repair and construction of all gas mains, electric telegraph and telephone wires, conduits, meters and other apparatus; and provide for the correction, condemnation or removal of the same when found to be dangerous to the welfare of the City’s inhabitants;

(x) Subject to the availability of funds and to existing laws, rules and regulations, establish and provide for the operation of vocational and technical schools and similar post-secondary institutions and, with the approval of the Technical Education and Skills Development Authority (TESDA), and subject to existing laws on tuition fees, fix and collect reasonable tuition fees and other school charges in educational institutions supported by the city government;

(xi) Establish a scholarship fund for poor but deserving students in schools located within its jurisdiction or for students residing within the City;

(xii) Approve measures and adopt quarantine regulations to prevent the introduction and the spread of diseases;

(xiii) Provide for an efficient and effective system of solid waste and garbage collection and disposal and prohibit littering and the placing or throwing of garbage, refuse and other filth and wastes;

(xiv) Provide for the care of PWDs, paupers, the elderly, the sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abused children and the youth below eighteen (18) years of age and, subject to the availability of funds, establish and provide for the operation of centers and facilities for the needy and disadvantaged persons;

(xv) Establish and provide for the maintenance and improvement of jails and detention centers, institute a sound jail management program and appropriate funds for the subsistence of detainees and convicted prisoners in the City;

(xvi) Establish a city council whose purpose is the promotion of culture and the arts, coordinate with government agencies and nongovernmental organizations and, subject to the availability of funds, appropriate funds for the support and development of the same; and

(xvii) Establish a city council for the elderly and senior citizens which shall formulate policies and adopt measures mutually beneficial to the elderly and to the community; provide incentives for nongovernmental entities and, subject to the availability of funds, appropriate funds to support programs and projects for the benefit of the elderly; and

(6) Perform other duties and functions and exercise such powers as provided for under the Local Government Code of 1991, as amended, and those that are‘prescribed by law or ordinance.

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