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H. No. 4730

BATAS REPUBLIKA [REPUBLIC ACT]

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

[REPUBLIC ACT No. 10160]

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

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

GENERAL PROVISIONS

SECTION 1. Title.-This Act shall be known as the "Charter of the City of Bacoor".

SEC. 2. The City of Bacoor.-The Municipality of Bacoor shall be converted into a component city to be known as the City of Bacoor, hereinafter referred to as the City, which shall comprise the present territory of the Municipality of Bacoor in the Province of Cavite.

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 Bacoor 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 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:

(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 in this Act or laws.

SEC. 4. General Powers.-The City shall have a common seal and may alter the same at pleasure: Provided, That any change of corporate seal shall be registered with the Department of the Interior and Local Government (DILG). It shall exercise the powers to levy taxes, fees and charges; to close and open roads, streets, alleys, parks or squares; to take, purchase, receive, hold, lease, convey and dispose of real and personal property for the general interests of the City; to expropriate or condemn private property for public use; to contract and to be contracted with; to sue and be sued; to prosecute and defend to final judgment and execution suits wherein the City is involved or interested in; and to exercise all the powers as are granted to corporations or as hereinafter conferred.

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 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

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 Bacoor 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

SEC. 7. The Officials of the City of Bacoor. (a) There shall be in the City of Bacoor, 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.

(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), (b) and (c) hereof;

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

(3) Consolidate the functions of any office 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 to civil service law, rules and regulations. sangguniang panlungsod members, subject 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 member shall take effect until after the expiration of the full term of the said local officials approving such increase.

ARTICLE III

(b) In addition thereto, the city mayor THE CITY MAYOR AND THE CITY VICE 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.

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

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be eligible for the position of city mayor unless he is a citizen of the Philippines at the time of the election, one is at least twenty-one (21) years of age, a resident of the City for at least one (1) year prior to his 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:

(1) Exercise those powers expressly granted to him by law, those necessarily implied therefrom, as well as powers necessary, appropriate or incidental for the efficient and effective governance of the City, and those which are essential to the promotion of the general welfare;

(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 of the 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 sanggunian 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 in this Act, as well as those he may be authorized by law to appoint;

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

(vii) Carry out such 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 buildings owned or leased by the city such space in the city hall and other

government;

(x) Ensure that all executive officials and employees of the City faithfully discharge their duties and functions as provided for by law and Republic Act No. 7160, as amended, otherwise known as the Local Government Code of 1991, 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 such books, records and other documents in their custody, except those classified by law as confidential

(xii) Furnish copies of executive orders issued by him 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 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 the trips abroad or for a longer period may be authorized in accordance with the Local Government Code of 1991;

(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 said officials 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

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(xix) Conduct an annual palarong panlungsod which shall feature traditional sports and disciplines included in national and 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 officials and employees stationed in or assigned to the City, at such time and place and on such subject as may be deemed important for the promotion of the general welfare of the local government unit and its inhabitants;

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

(iv) Be entitled to carry the necessary firearms within the territorial jurisdiction;

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