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enhance their viability as an economic panlungsod and provide enterprise and social organization;

(5) Assist cooperatives in establishing linkages with government agencies and nongovernment organizations involved in the promotion and integration of the concept of cooperatives in the livelihood of the people and other community activities;

(6) Be in the frontline of cooperatives organization, rehabilitation or viability enhancement, particularly during and in the aftermath of man-made and natural disasters or calamities, to aid in their survival and, if necessary, subsequent rehabilitation;

(7) Recommend to the sangguniang panlungsod and advise the city mayor on all other matters relative to cooperatives development and viability enhancement which will improve the livelihood and the quality of life of the inhabitants; and

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

SEC. 44. The City Population Officer.(a) The city population officer must be a citizen of the Philippines, a resident of the City of Bacoor, 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. One must have acquired experience in the implimentation of programs on population development or responsible parenthood for at least five (5) years immediately preceding the date of the appointment.

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

law.

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

(1) Formulate measures for the consideration of the sangguniang

assistance and support to the city mayor in of basic services and the provision of carrying out measures to ensure the delivery adequate facilities relative to the integration of the population development principles and in providing access to said services and facilities;

(2) Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with the integration of the population development principles and methods in programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

(3) Assist the city mayor in the implementation of the constitutional provisions relative to population development and the promotion of responsible parenthood;

(4) Establish and maintain an updated data data bank for program operations, development planning and an educational program to ensure the people's participation in understanding of population development;

(5) Implement appropriate training programs responsive to the cultural heritage of the inhabitants; and

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

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

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(1) Formulate measures for the approval of the sangguniang panlungsod and provide technical assistance and support to the city mayor in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to agricultural services;

(2) Develop plans and strategies and, upon approval thereof by the city mayor, implement the same, particularly those which have to do with the agricultural programs and projects which the city mayor is empowered to implement and which the sangguniang panlungsod is empowered to provide;

(3) In addition to the foregoing duties and functions, the city agriculturist shall:

(i) Ensure that maximum assistance and access to resources in the production, processing and marketing of agricultural and aquacultural and marine products are extended to farmers, fishermen and local entrepreneurs;

(ii) Conduct or cause to be conducted location-specific agricultural researches and assist in making available the appropriate technology arising out of and disseminating information on basic research on crops, prevention and control of plant diseases and pests, and other agricultural matters which will maximize productivity;

(iii) Assist the city mayor in the establishment and extension services of demonstration farms on aquaculture and marine products;

(iv) Enforce rules and regulations relating to agriculture and aquaculture; and

(v) Coordinate with government agencies and nongovernmental organizations which promote agricultural productivity through

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applied technology compatible with environmental integrity;

(4) Be in the frontline of the delivery of basic agricultural services, particularly those needed for the survival of the inhabitants during and in the aftermath of man-made and natural disasters or calamities;

(5) Recommend to the sangguniang panlungsod and advise the city mayor on all other matters related to agriculture and aquaculture which will improve the livelihood and the living conditions of the inhabitants; and

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

ARTICLE VIII

THE CITY FIRE STATION SERVICE, THE CITY JAIL SERVICE, THE CITY SCHOOLS DIVISION, THE CITY PROSECUTION SERVICE AND OTHER SATELLITE OFFICES

SEC. 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.

SEC. 47. The City Jail Service.—(a) There shall be established and maintained in the City a secured, clean, adequately equipped and sanitary jail facility for the custody and safekeeping of prisoners, any fugitive from justice, or person detained awaiting investigation or trial/or violent mentally ill person who endangers himself 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". One 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.

SEC. 48. The City Schools Division.-(a) There shall be maintained by the DepED the existing three (3) city school districts of the City of Bacoor, each headed by a district supervisor under a schools division whose area of jurisdiction will cover 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.

SEC. 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 herein above, designate from among the assistant provincial prosecutors a sufficient number to perform and discharge the functions of the city prosecution service as provided hereinabove.

SEC. 50. Establishment of Extension or Satellite Offices.-There shall be established in the City of Bacoor extension or satellite offices of the Registry of Deeds, Land Transportation Office, Housing and Land Use Regulatory Board, Government Service Insurance System, Social Security System, Philippine Health Insurance and Overseas Workers Welfare Administration office, which shall be organizationally part of their respective national offices, and under the supervision and control of their respective heads of national offices and whose qualifications, manner of appointment, rank, salary and benefits shall be governed by existing laws covering their respective departments or offices. They shall extend services and perform such other functions as mandated by their respective charters to the residents of the City and its neighboring local government units.

ARTICLE IX

TRANSITORY AND FINAL PROVISIONS

SEC. 51. Municipal Ordinances Existing at the Time of the Approval of this Act.-All municipal ordinances of the Municipality of Bacoor existing at the time of the approval of this Act shall continue to be in force within the City of Bacoor until the suangguniang panlungsod shall declare otherwise.

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SEC. 52. Plebiscite.-The City of Bacoor 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 Bacoor within thirty (30) days from the approval of this Act. The Commission on Elections (COMELEC) shall conduct and supervise such plebiscite.

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

SEC. 53. Officials of the City of Bacoor.The present elective officials of the Municipality of Bacoor 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 Bacoor.

SEC. 54. Succession Clause.-The City of Bacoor shall succeed to all the assets,

properties, liabilities and obligations of the Municipality of Bacoor.

SEC. 55. Election of Provincial Governor and Sangguniang Panlalawigan Members of the Province of Cavite.-The qualified voters of the City of Bacoor shall be qualified to vote and run for any elective position in the elections for provincial governor, provincial vice governor, sangguniang

SEC. 56. Jurisdiction of the Province of Cavite. The City of Bacoor shall, unless otherwise provided by law, continue to be under the jurisdiction of the Province of Cavite.

SEC. 57. 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.

SEC. 58. Legislative District.-Upon its creation, the City of Bacoor shall maintain its status as Secod Legislative District of the Province of Cavite pursuant to Republic Act No. 9727.

SEC. 59. Applicability of Laws.-The provisions of the Local Government Code of 1991, as amended; Executive Order No. 882 (Series of 2010), entitled: "Mandating the Metropolitan Manila Development Authority to Give All the Necessary Assistance to the Local Government of Bacoor in Connection with the Development, Planning, Transport and Traffic Management, Solid Waste Disposal and Management, Flood Control and Sewerage Management", and such laws as are applicable shall govern the City of Bacoor insofar as these are not inconsistent with the provisions of this Act.

SEC. 60. 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

panlalawigan members, who will represent Government Code of 1991, the other parts

the City in the Sangguniang Panlalawigan of the Province of Cavite, and other elective officials for the Province of Cavite: Provided, That the two (2) members of the sangguniang panlalawigan, who will represent the City in the Sangguniang Panlalawigan of the Province of Cavite, shall be elected in each sanggunian district apportioned under Section 10(b) of this Act by qualified voters therein.

or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SEC. 61. Effectivity.-This Act shall take effect fifteen (15) days after its complete publication in any newspaper of general and local circulation.

Approved: April 10, 2012.

MGA HATOL NG KATAAS-TAASANG HUKUMAN [DECISIONS OF THE SUPREME COURT]

ATTY. EDNA BILOG CAMBA
DEPUTY CLERK OF COURT AND REPORTER

THIRD DIVISION

[A.M. No. P-11-2946. July 13, 2011]

RE: DROPPING FROM THE ROLLS OF CORNELIO RENIETTE CABRERA UTILITY WORKER I, MUNICIPAL TRIAL COURT IN CITIES, BRANCH I, LIPA CITY.

SYLLABUS

of the Ruling of the Court

1. POLITICAL LAW; ADMINISTRATIVE LAW; ABSENCE WITHOUT OFFICIAL LEAVE (AWOL) FOR AT LEAST 30 WORKING DAYS WARRANTS SEPARATION FROM SERVICE.-Pursuant to Section 63, Rule XVI of the Omnibus Rules on Leave, as amended by Civil Service Resolution No. 070631, an employee's absence without official leave for at least 30 working days warrants his separation from the service. The Rule specifically provides:***

2. ID.; ID.; COURT EMPLOYEES; REQUIRED DECORUM; VIOLATED WHEN COURT EMPLOYEE CABRERA WENT AWOL.Every so often, it has been declared that any act which falls short of the exacting standards for public office, especially on the part of those expected to preserve the image of the judiciary, shall not be countenanced. Indeed, a public office is a public trust. Public officers must at all times be accountable to the people, serve them with the utmost degree of responsibility, integrity, loyalty, and efficiency. By going on AWOL, Cabrera grossly disregarded and neglected the duties of his office. He failed to adhere to the high standards of public accountability imposed on all those in government service. Specifically for court personnel, their conduct and behavior are circumscribed with the heavy burden of responsibility. This Court shall not tolerate any act or omission on the part of all those involved in the administration of justice which would violate the norm of public accountability and diminish or tend to diminish the faith of the people in the judiciary.

3. ID.; ID.; DROPPING FROM THE ROLLS; NONDISCIPLINARY IN NATURE.-Under Section 2 (2.6), Rule XII of the Revised Omnibus Rules on Appointments and Other Personnel Actions, the dropping from the rolls as a mode of separation from service is "non-disciplinary in nature and shall not result in the forfeiture of any benefits on the part of the official or employee nor in disqualifying him from re-employment in the government." While there is jurisprudence to the effect that a court employee's AWOL for a prolonged period of time warrants the penalty of dismissal from the service and the forfeiture of his benefits, the Court, given the circumstances of the case is inclined to adhere to the evaluation and recommendation of the OCA, and refrain from imposing the administrative penalties of forfeiture of benefits and disqualification from re-employment.

OPINION OF THE COURT

MENDOZA, J.:

The present administrative matter concerns Cornelio Reniette Cabrera (Cabrera), Utility Worker of the Municipal Trial Court in Cities, Branch 1 of Lipa City (MTCC). Records of the Office of the Court Administrator (OCA) disclose that Cabrera has failed to file his Daily Time Records (DTRs) from October 2010 up to present and to seek leave for any of his absences.1

It appears that on October 22, 2010, the OCA received Cabrera's sick leave applications2 for the month of September 2010, which covered a total of eleven (11) days. Due to lack of proper documentation, Presiding Judge Renato M. Castillo disapproved the applications for sick leave.

1 Rollo, pp. 1-4.

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