Eighteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-sixth day of July, two thousand twenty one.
[ REPUBLIC ACT NO. 11689, April 11, 2022 ]
AN ACT REVISING THE CHARTER OF THE CITY OF BAGUIO
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 known as the "Revised Charter of the City of Baguio."
Section 2. Declaration of Objectives and Core Values. — The objectives and aspirations of the City of Baguio, hereinafter referred to as the City, are as follows:
(a) To make the City of Baguio a home of dynamic and diverse cultures, inclusive citizenship, and urban synergy; to be a center of education, trade and tourism in consonance with the laws of nature and environment; to be managed by sincere and steadfast God-fearing leaders in partnership with responsible citizenry;
(b) To adopt an integrated life cycle approach to environmental protection and management consistent with United Nations Sustainable Development Goals (UNSDG) of ensuring sustained, inclusive, and sustainable economic growth, sustainable production and production patterns, and urban resilience; preserve and restore the historical and heritage value of the City; promote eco-cultural tourism and tourism-related microenterprises; ensure the sustenance of the City as an educational center of Northern Luzon; and develop and implement an investment portfolio and a progressive marketing strategy;
(c) To attain effectiveness and efficiency in local governance; to advance the City's competitiveness by institutionalizing rural-urban linkages; to uphold the general welfare and gender equality; promote good urban governance, and ensure the delivery of basic services;
(d) To maximize the exercise of the proprietary functions of the City for the general welfare; the provision of basic services and facilities, such as adequate and safe water supply, effective liquid and solid wastes management, efficient traffic and transportation management, sound housing, human settlement, and disaster risk reduction and management policies; preserve and protect its natural resources such as watersheds and other protected areas; and effectively manage its economic enterprises and generate and utilize resources, subject to such limitations as provided for under this Act; and
(e) To be the paradigm of a resilient, sustainable, inclusive, and livable city in the Philippines; promote the utilization of innovative and digital means to improve the quality of life and urban operation services; and cultivate respect for cultural heritage and intergenerational responsibility among its citizenry.
In the pursuit of the foregoing purposes, public officials and employees of the City shall be guided by the core values of service, integrity, competence, transparency, accountability, and resourcefulness.
Section 3. Territorial Boundaries. — The City shall comprise the present territorial jurisdiction of the City.
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 and the adjoining local government units (LGUs): Provided, That the territorial jurisdiction of the disputed area or areas shall remain with the LGU which has existing administrative supervision over said area or areas until the final resolution of the case.
Section 4. Corporate Powers of the City. — The City is 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 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 and 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 other applicable laws.
Section 5. General Powers. — The City shall have a corporate 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 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 granted.
ARTICLE II
CITY OFFICIALS
Section 6. Officials of the City of Baguio. — (a) The officials of the City are the City Mayor, City Vice Mayor, Sangguniang Panlungsod members, Secretary to the Sangguniang Panlungsod, city treasurer, city assessor, city engineer, city buildings and architecture officer, city health officer, city civil registrar, city accountant, city social welfare and development officer, city budget officer, city planning and sustainable development officer, city administrator, city legal officer, city general services officer, city veterinarian, city human resource management officer, city environment and parks management officer, city disaster risk reduction and management officer, city tourism officer, city public information officer and city librarian.
(b) In addition thereto, the City Mayor may appoint a city agriculturist, a city population officer, a city cooperatives officer, a city solid and liquid waste management officer and a city traffic and transportation management officer.
(c) The Sangguniang Panlungsod shall:
(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 purposes of the city government; or
(3) Consolidate the functions of any office with those of another in the interest of efficiency and economy.
(d) Unless otherwise provided herein, heads of departments and offices shall be appointed by the City Mayor with the concurrence of the majority of all the Sangguniang Panlungsod members, subject to civil service law, rules and regulations. The Sangguniang Panlungsod shall act on the appointment within fifteen (15) days from the date of its submission, otherwise the same shall be deemed confirmed.
(e) 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, as amended: Provided, That no increase in compensation of the City Mayor, City Vice Mayor and Sangguniang Panlungsod members shall take effect until after the expiration of the full term of the local officials approving such increase.
ARTICLE III
CITY MAYOR
Section 7. City Mayor. — (a) The City Mayor, as the chief executive of the city government, shall exercise such powers and perform such duties and functions as provided under Section 455 of the Local Government Code of 1991, as amended, and other laws and ordinances passed by the Sangguniang Panlungsod.
The City Mayor 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," as amended, and the implementing guidelines issued pursuant thereto.
ARTICLE IV
CITY VICE MAYOR
Section 8. City Vice Mayor. — The City Vice Mayor shall be the presiding officer of the Sangguniang Panlungsod and shall exercise the duties and functions as provided under Section 456 of the Local Government Code of 1991, as amended, and other laws and ordinances passed by the Sangguniang Panlungsod.
The City Vice Mayor shall receive a minimum monthly compensation corresponding to Salary Grade Twenty-eight (28) as prescribed under the "Compensation and Position Classification Act of 1989," as amended and the implementing guidelines issued pursuant thereto.
ARTICLE V
SANGGUNIANG PANLUNGSOD
Section 9. Composition. — (a) The Sangguniang Panlungsod, the legislative body of the City, shall be composed of the City Vice Mayor as presiding officer, the twelve (12) elected regular Sangguniang Panlungsod members, the president of the city chapter of the Liga ng mga Barangay, the president of the Pederasyon ng mga Sangguniang Kabataan, and the sectoral representative for indigenous people of Baguio City.
(b) The regular members of the Sangguniang Panlungsod, and sectoral representative shall be elected in the manner provided by law.
Section 10. Powers, Duties, Functions and Compensation. — (a) The Sangguniang Panlungsod, as the legislative body of the City, shall exercise the powers, duties and functions as provided under Section 458 of the Local Government Code of 1991, as amended, and other laws and ordinances passed by the Sangguniang Panlungsod. It 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 and general powers of the City as provided for under Sections 4 and 5 of this Charter.
(b) The members of the Sangguniang Panlungsod of the City shall receive a minimum monthly compensation corresponding to Salary Grade Twenty-seven (27) as prescribed under the "Compensation and Position Classification Act of 1989," as amended and the implementing guidelines issued pursuant thereto.
ARTICLE VI
PROCESS OF LEGISLATION
Section 11. Internal Rules of Procedure. — (a) On the first regular session following the election of its members and within ninety (90) days thereafter, the Sangguniang Panlungsod shall adopt or update its existing rules of procedure.
(b) The rules of procedure shall provide for the following:
(1) The organization of the Sanggunian and the election of its officers as well as the creation of standing committees which shall include the Committees on Appropriations and Finance; Ways and Means; Barangay Affairs; Education, Culture and Historical Research; Employment, Livelihood and Cooperatives and Persons with Disabilities; Ethics, Governmental Affairs and Personnel; Health and Sanitation, Ecology and Environmental Protection; Laws, Human Rights and Justice; Market, Trade and Commerce, and Agriculture; Public Protection and Safety, Peace and Order; Public Utilities, Transportation and Traffic Legislation; Public Works; Social Services, Women and Urban Poor; Tourism, Special Events, Parks and Playground; Urban Planning, Lands and Housing; Youth Welfare and Sports Development; the general jurisdiction of each committee and the election of the chairman and members of each committee;
(2) The order and calendar of business for each session;
(3) The legislative process;
(4) The parliamentary procedures which include the conduct of members during sessions;
(5) The discipline of members for disorderly behavior and absences without justifiable cause for four (4) consecutive sessions for which they may be censured, reprimanded or excluded from the session, suspended for not more than sixty (60) days or expelled: Provided, That the penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the Sanggunian members: Provided, further, That a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the Sanggunian; and
(6) Such other rules as the Sanggunian may adopt.
Section 12. Full Disclosure of Financial and Business Interests of Sangguniang Panlungsod Members. — (a) Every Sangguniang Panlungsod member shall, upon assumption to office, make a full disclosure of their business and financial interests. Such disclosure shall also include a professional relationship or any relation by affinity or consanguinity within the fourth civil degree, which a sanggunian member may have with any person, firm or entity affected by any ordinance or resolution under consideration by the Sanggunian and which relationship may result in conflict of interests. Such relationship shall include:
(1) Ownership of stock or capital, or investment in the entity or firm to which the ordinance or resolution may apply; and
(2) Contracts or agreements with any person or entity which the ordinance or resolution under consideration may affect.
In the absence of a specific constitutional or statutory provision applicable to the situation, "conflict of interest" refers to a situation where it may be reasonably deduced that a member of the Sanggunian may not act in the public interest due to some private, pecuniary or other personal considerations that may tend to affect the exercise of judgment to the prejudice of the service or the public.
(b) The disclosure required under this Act shall be made in writing and submitted to the Secretary of the Sanggunian or the secretary of the concerned committee. The disclosure shall, in all cases, form part of the record of the proceedings and shall be made in the following manner:
(1) Disclosure shall be made before the member participates in the deliberations on the ordinance or resolution under consideration: Provided, That if the member did not participate during the deliberations, the disclosure shall be made before voting on the ordinance or resolution on second and third readings; and
(2) Disclosure shall be made when a member takes a position or makes a privilege speech on a matter that may affect the business interest, financial connection or professional relationship described herein.
Section 13. 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.
(b) When the public interest so demands, special sessions may be called by the City Mayor or by a majority of the members of the Sanggunian.
(c) All Sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency or morality. No two (2) sessions, regular or special, may be held in a single day.
(d) In the case of special sessions of the Sanggunian, a written notice to the members shall be served personally at the members' usual place of residence at least twenty-four (24) hours before the special session is held.
Unless otherwise concurred in by two-thirds (2/3) vote of the Sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.
(e) The Sangguniang Panlungsod shall keep a journal and record of its proceedings which may be published upon resolution of the majority of its members.
Section 14. 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.
(b) Where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the Sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the City of Baguio, to locate and present the absent member at the session.
(c) If there is still no quorum despite the enforcement of the immediately preceding subsection, no business shall be transacted. The presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.
Section 15. Approval of Ordinances. — (a) Every ordinance enacted by the Sangguniang Panlungsod shall be presented to the City Mayor. If the City Mayor approves the same, the signature of the City Mayor shall be affixed on each and every page thereof; otherwise, the ordinance shall be vetoed and returned with statements on the objections to the Sanggunian, which may proceed to reconsider the same. The Sanggunian may override the veto of the City Mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes.
(b) The veto shall be communicated by the City Mayor to the Sanggunian within ten (10) days; otherwise, the ordinance shall be deemed approved as if it had been signed.
Section 16. 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 for the veto 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 and public investment program or an ordinance directing the payment of money or creating liability. In such case, the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the Sangguniang Panlungsod overrides the veto in the manner herein provided; otherwise, the item or items in the appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be deemed reenacted.
(c) The City Mayor may veto an ordinance or resolution only once. The Sanggunian may override the veto of the City Mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the City Mayor.
Section 17. Review of Barangay Ordinances by the Sangguniang Panlungsod. — (a) Within ten (10) days after their enactment, the Sangguniang Barangay shall furnish copies of all barangay ordinances to the Sangguniang Panlungsod for review as to whether the ordinance is consistent with law or city ordinances.
(b) If the Sangguniang Panlungsod fails to take action on barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved.
(c) If the Sangguniang Panlungsod finds the barangay ordinances inconsistent with law or city ordinances, the Sangguniang Panlungsod shall, within thirty (30) days from receipt thereof, return the same with its comments and recommendations to the Sangguniang Barangay concerned for adjustment, amendment or modification; in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is effected.
Section 18. Enforcement of Disapproved Ordinances or Resolutions. — Any attempt to enforce any ordinance or any resolution approving the local development plan and public investment program after the disapproval thereof, shall be sufficient ground for the suspension or dismissal of the official or employee concerned.
Section 19. Effectivity of Ordinances or Resolutions. — (a) Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the City Hall of Baguio, and in at least two (2) other conspicuous places in the City of Baguio not later than five (5) days after approval thereof.
(b) The Secretary of the Sangguniang Panlungsod shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the city hall, and in at least two (2) conspicuous places in the City 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 in the language or dialect understood by the majority of the people in the City. 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) Ordinances with penal sanctions shall be posted at prominent places in the city hall, for a minimum period of three (3) consecutive weeks. Such ordinances shall also be published in a newspaper of general circulation within the City.
ARTICLE VII
QUALIFICATIONS, DISQUALIFICATIONS AND SUCCESSION OF ELECTIVE CITY OFFICIALS
Section 20. Qualifications and Disqualifications. — The elective city officials of the City shall possess the same qualifications and disqualifications as enumerated under Sections 39 and 40, respectively, of the Local Government Code of 1991, as amended.
Section 21. Permanent Vacancy in the Offices of the City Mayor and the City Vice Mayor. — (a) If a permanent vacancy occurs in the office of the City Mayor, the City Vice Mayor concerned shall become the City Mayor. If a permanent vacancy occurs in the office of the City Vice Mayor, the highest ranking Sangguniang Panlungsod member or, in case of permanent inability, the second highest ranking Sangguniang Panlungsod member shall become the City Mayor or the City Vice Mayor, as the case may be. Subsequent vacancies in the said offices shall be filled automatically by the other Sanggunian members according to their ranking as defined herein.
(b) A tie between or among the highest ranking Sangguniang Panlungsod members shall be resolved by drawing of lots.
(c) The successors as defined herein shall serve only for the unexpired terms of their predecessors.
(d) For purposes of this Act, a permanent vacancy arises when an elective local official fills in a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of the office.
(e) For purposes of succession as provided herein, ranking in the Sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in the constituency, in the immediately preceding local election.
Section 22. Permanent Vacancies in the Sangguniang Panlungsod. — Permanent vacancies in the Sangguniang Panlungsod, where automatic succession provided above does not apply, shall be filled by appointment in the following manner:
(a) The President, through the Executive Secretary, shall make the aforesaid appointment.
(b) Only the nominee of the political party under which the Sanggunian member concerned had been elected and whose elevation to the position next higher in rank created the last vacancy in the Sanggunian shall be appointed in the manner hereinabove provided.
(c) In the appointment herein mentioned, a nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non, and any appointment without such nomination and certification shall be null and void ab initio, and shall be a ground for administrative action against the official responsible therefor.
In case the permanent vacancy is caused by a Sanggunian member who does not belong to any political party, the City Mayor shall, upon the recommendation of the Sanggunian, appoint a qualified person to fill the vacancy.
(d) In case of vacancy in the representation of the youth and the barangay in the Sanggunian, said vacancy shall be filled automatically by the official next-in-rank of the organization concerned.
ARTICLE VIII
THE APPOINTIVE OFFICIALS OF THE CITY:
THEIR QUALIFICATIONS, FUNCTIONS, DUTIES
AND RESPONSIBILITIES
Section 23. Secretary to the Sangguniang Panlungsod. — (a) There shall be a Secretary to the Sangguniang Panlungsod who shall be a career official with the rank and salary equal to a head of a department or office.
(b) The Secretary to the Sangguniang Panlungsod must be a citizen of the Philippines, a resident of the City of Baguio, of good moral character, a holder of a college degree preferably in law, commerce, or public administration from a recognized college or university, and a first grade civil service eligible or its equivalent.
(c) The Secretary to the Sangguniang Panlungsod shall take charge of the office of the Sangguniang Panlungsod, and shall:
(1) Attend meetings of the Sangguniang Panlungsod and keep a journal of its proceedings;
(2) Keep the seal of the City and affix it with signature to all ordinances, resolutions, and other official acts of the Sangguniang Panlungsod and present the same for the signature of the presiding officer;
(3) Forward to the City Mayor, for approval, copies of ordinances enacted by the Sangguniang Panlungsod duly certified by the presiding officer, in the manner provided in Section 54 of the Local Government Code of 1991, as amended;
(4) Forward to the Sangguniang Panlalawigan copies of duly approved ordinances in the manner provided in Sections 56 and 57 of the Local Government Code of 1991, as amended;
(5) Furnish, upon the request of any interested party, certified copies of records of public character in custody, upon payment to the City Treasurer of such fees as may be prescribed by ordinance;
(6) Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the Sangguniang Panlungsod, with the dates of passage and publication thereof;
(7) Keep the office and all non-confidential records therein open to the public during usual business hours;
(8) Translate into the dialect used by the majority of the inhabitants all ordinances and resolutions immediately after their approval and cause the publication of the same together with the original version in the manner provided under the Local Government Code of 1991, as amended;
(9) Take custody of the local archives and where applicable, the local library, and annually account for the same; and
(10) Perform other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 24. City Treasurer. — (a) The City Treasurer shall be appointed by the Secretary of the Department of Finance from a list of at least three (3) ranking eligible recommendees of the City Mayor, subject to civil service law, rules and regulations.
(b) The City Treasurer shall be under the administrative supervision of the City Mayor, and shall report regularly on the tax collection efforts of the City.
(c) The City Treasurer must be a citizen of the Philippines, a resident of the City of Baguio, of good moral character, a holder of a college degree in commerce, public administration or law from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired for at least five (5) years experience in treasury or accounting service.
(d) The City Treasurer shall receive such compensation, emoluments and allowances as may be determined by law.
(e) The City Treasurer shall take charge of the City Finance Department, and shall:
(1) Advise the City Mayor, the Sangguniang Panlungsod and other local government and national officials concerned regarding the disposition of local government funds and on such other matters relative to public finance;
(2) Take custody and exercise proper management of the funds of the City;
(3) Take charge of the disbursement of all funds of the City and such other funds the custody of which may be entrusted to the City Treasurer by law or other competent authority;
(4) Inspect private commercial and industrial establishments within the jurisdiction of the City in relation to the implementation of tax ordinances pursuant to the provisions of the Local Government Code of 1991, as amended;
(5) Maintain and update the tax information system of the City; and
(6) Perform other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 25. City Assessor. — (a) The City Assessor must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce or any other related course from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired experience in real property assessment work or in any related field for at least five (5) years immediately preceding the date of the appointment.
(b) The City Assessor shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The City Assessor shall take charge of the City Assessor's Department, and shall:
(1) Ensure that all laws and policies governing the appraisal and assessment of real properties for taxation purposes are properly executed;
(2) Initiate, review and recommend changes in policies and objectives, plans and programs, techniques, procedures and practices in the evaluation and assessment of real properties for taxation purposes;
(3) Establish a systematic method of real property assessment;
(4) Install and maintain real property identification and accounting systems;
(5) Prepare, install and maintain a system of tax mapping, showing graphically all properties subject to assessment and gather all data concerning the same;
(6) Conduct frequent physical surveys to verify and determine whether all real properties within the City are properly listed in the assessment rolls;
(7) Exercise the functions of appraisal and assessment primarily for taxation purposes of all real properties in the City;
(8) Prepare a schedule of the fair market value of the different classes of real properties in accordance with the provisions of the Local Government Code of 1991, as amended;
(9) Issue, upon request of any interested party, certified copies of assessment records of real properties and all other records relative to its assessment, upon payment of a service charge or fee to the City Treasurer;
(10) Submit every semester a report of all assessments, as well as cancellations and modifications of assessments, to the City Mayor and the Sangguniang Panlungsod;
(11) Attend personally or through an authorized representative all sessions of the Local Board of Assessment Appeals whenever the assessment is subject of the appeal, and present or submit any information or record in the possession as may be required by the Board; and
(12) Perform such other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 26. City Engineer. — (a) The City Engineer must be a citizen of the Philippines, a resident of the City, of good moral character, a licensed civil engineer, and must have acquired at least five (5) years experience in the practice of profession.
(b) The City Engineer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The City Engineer shall take charge of the City Engineering Office, and shall:
(1) Initiate, review and recommend changes in policies and objectives, plans and programs, techniques, procedures and practices in infrastructure development and public works in general of the City;
(2) Advise the City Mayor on infrastructure, public works and other engineering matters;
(3) Administer, coordinate, supervise and control the construction, maintenance, improvement and repair of roads, bridges, other engineering and public works projects of the City;
(4) Provide engineering services to the City, including investigation and survey, engineering designs, feasibility studies and project management; and
(5) Perform such other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 27. City Buildings and Architecture Officer. — (a) The City Buildings and Architecture Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a licensed architect or civil engineer, and must have acquired at least five (5) years experience in the practice of architecture or civil engineering profession.
(b) The City Buildings and Architecture Officer shall take charge of the City Buildings and Architecture Office, and shall:
(1) Initiate, review, and recommend changes in policies and objectives, plans and programs, techniques, procedures, practices, and guidelines on vertical infrastructure development and other related public works for the City;
(2) Administer, coordinate, supervise, and control the construction, maintenance, improvement, and repair of vertical infrastructure development and other related public works (such as, signage and billboards, fences, among others) in the City:
(i) Enforce the provisions of the National Building Code of the Philippines and other issuances relevant to vertical infrastructure development;
(ii) Undertake the investigation and recommend appropriate actions on violations of the National Building Code of the Philippines and other relevant issuances; and
(iii) Provide support or assistance in the enforcement of sanctions or decisions, such as the demolition of structures, when necessary.
(3) Prepare detailed engineering plans for vertical infrastructure development projects and other related public works for the City;
(4) Ensure compliance by all entities and individuals with the approved zoning plan for the City;
(5) Participate in the planning of special projects for the City and implement components within its scope of responsibility;
(6) Manage and maintain all city government-owned vertical structures; and
(7) Perform such other duties and functions, and perform other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 28. City Health Officer. — (a) The City Health Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a licensed medical practitioner, and must have acquired experience at least five (5) years experience in the practice of the medical profession.
(b) The City Health Officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The City Health Officer shall take charge of the Office of the City Health Services, and shall:
(1) Supervise the personnel and staff of the said office, formulate program implementation guidelines and rules and regulations for the operation of the said office for the approval of the City Mayor in order to assist him in the efficient, effective and economical implementation of health service program geared to implement health-related projects and activities;
(2) Formulate measures for the consideration of the Sangguniang Panlungsod and provide technical assistance and support to the City Mayor in carrying out activities to ensure the delivery of basic services and the provision of adequate facilities relative to health services provided under Section 17 of the Local Government Code of 1991, as amended;
(3) Develop plans and strategies on the promotion of the health and well-being of the citizenry and, upon approval thereof by the City Mayor, implement them through the health programs and projects which the City Mayor is empowered to implement and which the Sangguniang Panlungsod is empowered to provide under the Local Government Code of 1991, as amended;
(4) In addition to the foregoing duties and functions, the City Health Officer shall:
(i) Formulate and implement policies, plans and projects to promote the health of the people in the City;
(ii) Advise the City Mayor and the Sangguniang Panlungsod on matters pertaining to health;
(iii) Execute and enforce all laws, ordinances and regulations relating to public health;
(iv) Recommend to the Sangguniang Panlungsod, through the Local Health Board, the passage of such ordinances necessary for the preservation of public health;
(v) Recommend the prosecution of any violation of sanitary laws, ordinances or regulations;
(vi) Direct the sanitary inspection of all business establishments selling food items or providing accommodation such as hotels, motels, lodging houses, and pension houses, in accordance with the Sanitation Code;
(vii) Conduct health information campaigns and render health intelligence services;
(viii) Coordinate with other government agencies and nongovernmental organizations involved in the promotion and delivery of health services; and
(ix) Be in the frontline of the delivery of health services, particularly during and in the aftermath of man-made and natural disasters and calamities; and
(5) Perform such other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 29. City Civil Registrar. — (a) The City Civil Registrar must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in civil registry work.
(b) The City Civil Registrar shall be responsible for the civil registration program in the City of Baguio, pursuant to the Civil Registry Law, the Civil Code, and other pertinent laws, rules and regulations issued to implement them.
(c) The City Civil Registrar shall take charge of the Office of the City Civil Registry, and shall:
(1) Develop plans and strategies and, upon approval thereof by the City Mayor, implement the same, particularly those which have to do with the management and administration-related programs and projects which the City Mayor is empowered to implement and which the Sangguniang Panlungsod is empowered to provide under the Local Government Code of 1991, as amended;
(2) In addition to the foregoing duties and functions, the City Civil Registrar shall:
(i) Accept all registrable documents and judicial decrees affecting the civil status of persons;
(ii) File, keep and preserve in a secure place the books required by law;
(iii) Transcribe and enter immediately upon receipt all registrable documents and judicial decrees affecting the civil status of persons in the appropriate civil registry books;
(iv) Transmit to the Office of the Civil Registrar-General, within the prescribed period, duplicate copies of registered documents required by law;
(v) Issue certified transcripts or copies of any certificate or registered documents upon payment of the required fees to the City Treasurer;
(vi) Receive applications for the issuance of a marriage license and, after determining that the requirements and supporting certificates and publication thereof for the prescribed period have been complied with, issue the license upon payment of the authorized fee to the City Treasurer; and
(vii) Coordinate with the Philippine Statistics Authority (PSA) in conducting educational campaigns for vital registration and assist in the preparation of demographic and other statistics for the City of Baguio; and
(3) Perform such other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 30. City Accountant. — (a) The City Accountant must be a citizen of the Philippines, a resident of the City, of good moral character, a certified public accountant, and must have acquired at least five (5) years experience in treasury or accounting service.
(b) The City Accountant shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The City Accountant shall take charge of both the Office of the City Accounting and Internal Audit Services, and shall:
(1) Install and maintain an internal audit system in the City;
(2) Prepare and submit financial statements to the City Mayor and to the Sangguniang Panlungsod;
(3) Apprise the Sangguniang Panlungsod and other officials on the financial condition and operations of the City;
(4) Certify to the availability of budgetary allotment to which expenditures and obligations may be properly charged;
(5) Review supporting documents before the preparation of vouchers to determine the completeness of requirements;
(6) Prepare statements of cash advances, liquidations, salaries, allowances, reimbursements and remittances pertaining to the City;
(7) Prepare statements of journal vouchers and liquidation of the same and other adjustments related thereto;
(8) Post individual disbursements to the subsidiary ledger;
(9) Maintain individual ledgers for officials and employees of the City pertaining to payrolls and deductions;
(10) Record and post details of purchased furniture, fixtures and equipment, including disposal thereof, if any;
(11) Account for all issued requests for obligations and maintain and keep all records and reports related thereto; and
(12) Prepare journals and the analysis of obligations and maintain and keep all records and reports related thereto.
(d) Perform such other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 31. City Social Welfare and Development Officer. — (a) The City Social Welfare and Development Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a duly licensed social worker, a holder of a college degree preferably in sociology, social work or any other related course obtained from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in the practice of social work.
(b) The City Social Welfare and Development Officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The City Social Welfare and Development Officer shall take charge of the Office of Social Welfare and Development, and shall:
(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 social welfare and development services;
(2) Develop plans and strategies and, upon approval thereof by the City Mayor, implement the same, particularly those which have to do with social welfare programs and projects which the City Mayor is empowered to implement and which the Sangguniang Panlungsod is empowered to provide;
(3) Identify the basic needs of the needy, the disadvantaged and impoverished and develop and implement appropriate measures to alleviate their problems and improve their living conditions;
(4) Provide relief and appropriate crisis intervention for victims of abuse and exploitation and recommend appropriate measures to deter further abuse and exploitations;
(5) Assist the City Mayor in implementing the barangay level program for the total development and protection of children up to six (6) years of age;
(6) Facilitate the implementation of welfare programs for the disabled, elderly and victims of drug addiction, the rehabilitation of prisoners and parolees, the prevention of juvenile delinquency and such other activities which would eliminate and minimize the ill-effects of poverty;
(7) Initiate and support youth welfare program that will enhance the role of youth in nation-building;
(8) Coordinate with government agencies and nongovernmental organizations whose purpose is the promotion and the protection of all the needy, disadvantaged, underprivileged or impoverished groups or individuals, particularly those identified to be vulnerable and high risk to exploitation, abuse and neglect;
(9) Be in the frontline of the delivery of services particularly those concerned with immediate relief and assistance during and in the aftermath of man-made and natural disasters and calamities;
(10) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all other matters related to social welfare and development services that will improve the livelihood and living conditions of the City's inhabitants; and
(11) Perform such other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 32. The City Budget Officer. — (a) The City Budget Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in accounting, economics, public administration, or any related course from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in government budgeting or in any related field.
(b) The City Budget Officer shall take charge of the City Budget Office, and shall:
(1) Prepare forms, orders, and circulars embodying instructions on budgetary and appropriation matters for the signature of the City Mayor;
(2) Review and consolidate the budget proposals of the different departments and offices of the City;
(3) Assist the City Mayor in the preparation of the budget and during budget hearings;
(4) Study and evaluate budgetary implementation of proposed legislation and submit comments and recommendations thereon;
(5) Submit periodic budgetary reports to the Department of Budget and Management;
(6) Coordinate with the City Treasurer, City Accountant, and City Planning and Sustainable Development Office for the purpose of budgeting;
(7) Assist the Sangguniang Panlungsod in reviewing the approved budgets of component barangays; and
(8) Coordinate with the City Planning and Sustainable Development Officer the formulation of the city development plan.
(c) Exercise such other duties and functions, and perform other powers as provided for under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 33. City Planning and Sustainable Development Officer. — (a) The City Planning and Sustainable Development Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a professional license as an environmental planner and, preferably, a licensed engineer or architect, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in development planning or in any related field.
(b) The City Planning and Sustainable Development Officer shall take charge of the City Planning and Sustainable Development Office, and shall:
(1) Formulate integrated economic, social, physical, and other sustainable development plans and policies for consideration of the City, including the provision of safe and quality public spaces;
(2) Ensure that the principles of inclusivity, resiliency and sustainability are incorporated in the local development plans and policies which shall include the review and adoption of policies that seek to achieve the UNSDG and other similar targets identified by the national government and the people of the City of Baguio;
(3) Applying the concepts and methodologies of futures thinking which takes a long-term multi-perspective approach to consider different outcomes, conduct continuing studies, research, and training programs necessary to evolve and innovate plans and programs for implementation, with the goal of achieving the City's desired future;
(4) Integrate and coordinate all sectoral plans and studies undertaken by the different functional groups or agencies;
(5) Monitor and evaluate the implementation of different development programs, projects and activities in the City in accordance with the approved development plans;
(6) Prepare comprehensive plans and other development planning documents for the consideration of the local development council;
(7) Analyze the income and expenditure patterns, and formulate and recommend fiscal plans and policies for consideration of the Finance Committee of the City as provided under the Local Government Code of 1991, as amended;
(8) Promote people's participation in development planning within the City; and
(9) Exercise supervision and control over the secretariat of the local development council.
(c) Exercise such other duties and functions, and perform other powers as provided for under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 34. City Administrator. — (a) The City Administrator must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in public administration, law or any other related course from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in management and administrative work.
(b) The term of the City Administrator is coterminous with that of the appointing authority.
(c) The City Administrator shall receive such compensation, emoluments and allowances as may be determined by law.
(d) The City Administrator shall take charge of the City Administrator's Office, and shall:
(1) Develop plans and strategies and, upon approval thereof by the City Mayor, implement the same, particularly those which have to do with the management and administration-related programs and projects which the City Mayor is empowered to implement and which the Sangguniang Panlungsod is empowered to provide under the Local Government Code of 1991, as amended;
(2) Assist in the coordination of the work of all the officials of the City under the supervision, direction and control of the City Mayor, and for this purpose, may convene the chiefs of offices and other officials of the LGU;
(3) Establish and maintain a sound personnel program for the LGU designed to promote career development and uphold the merit principle in the local government service;
(4) Conduct a continuing organizational development of the City with the end in view of instituting effective administrative reforms;
(5) Be in the frontline of the delivery of administrative support services, particularly those related to situations during and in the aftermath of man-made and natural disasters or calamities;
(6) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all matters relative to the management and administration of the City; and
(7) Perform such other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 35. City Legal Officer. — (a) The City Legal Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a member of the Integrated Bar of the Philippines, and must have practiced law for at least five (5) years immediately preceding the date of the appointment.
(b) The term of the City Legal Officer shall be coterminous with that of the appointing authority.
(c) The City Legal Officer shall receive such compensation, emoluments and allowances as may be determined by law.
(d) The City Legal Officer, as the chief legal counsel of the City, shall take charge of the Office of the City Legal Service, and shall:
(1) Formulate measures for the consideration of the Sangguniang Panlungsod and provide legal assistance and support to the City Mayor in carrying out the delivery of basic services and the provision of adequate facilities;
(2) Develop plans and strategies and, upon approval thereof by the City Mayor, implement the same, particularly those which have to do with programs and projects related to legal services which the City Mayor is empowered to implement and which the Sangguniang Panlungsod is empowered to provide;
(3) Represent the City in all civil actions and special proceedings wherein the LGU or any official thereof, in official capacity, is a party: Provided, That, in actions or proceedings where the City of Baguio is a party adverse to the provincial government or to another component city or municipality, a special legal officer may be employed to represent the adverse party;
(4) When required by the City Mayor or Sanggunian, draft ordinances, contracts, bonds, leases and other instruments involving any interest of the City and provide comments and recommendations on any instrument already drawn;
(5) Render an opinion in writing on any question of law when requested to do so by the City Mayor or Sanggunian;
(6) Investigate or cause to be investigated any local official or employee for administrative neglect or misconduct in office and recommend the appropriate action to the City Mayor or Sanggunian, as the case may be;
(7) Investigate or cause to be investigated any person, firm or corporation holding any franchise of exercising any public privilege for failure to comply with any term or condition in the grant of such franchise or privilege, and recommend the appropriate action to the City Mayor or Sanggunian, as the case may be;
(8) When directed by the City Mayor or Sanggunian, initiate and prosecute, in the interest of the City, any civil action on any bond, lease or other contract upon any breach or violation thereof;
(9) Review and submit recommendations on ordinances approved and executive orders issued by component units;
(10) Recommend measures to the Sangguniang Panlungsod and advise the City Mayor on all matters related to upholding the rule of law;
(11) Be in the frontline of protecting human rights and prosecuting any violation thereof, particularly those which occur during and in the aftermath of man-made and natural disasters or calamities; and
(12) Perform such other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 36. City General Services Officer. — (a) The City General Services Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree in public administration, business administration or business management from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in general services, including the management of supply and property.
(b) The City General Services Officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The City General Services Officer shall take charge of the Office of the General Services, and shall:
(1) Formulate measures for the consideration 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 that require general services expertise in technical support 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 general services that are supportive of the welfare of the inhabitants of the City which the City Mayor is empowered to implement and which the Sangguniang Panlungsod is empowered to provide;
(3) Take custody of and be accountable for all properties, real or personal, owned by the City, and those granted to it in the form of donation, reparation, assistance and counterpart of joint projects;
(4) With the approval of the City Mayor, assign building or land space to local officials or other public officials who, by law, are entitled to the space;
(5) Recommend to the City Mayor the reasonable rental rates for local government properties, whether real or personal, which will be leased to public or private entities by the local government;
(6) Recommend to the City Mayor reasonable rental rates of private properties which may be leased for the official use of the City;
(7) Maintain and supervise janitorial, security, landscaping and other related services in all local government public buildings and other real property, whether owned or leased by the LGU;
(8) Collate and disseminate information regarding prices, shipping and other costs of supplies and other items commonly used by the LGU;
(9) Perform archival and record management with respect to records of offices and departments of the LGU;
(10) Perform all other functions pertaining to supply and property management heretofore performed by the local government treasurer and enforce policies on records creation, maintenance and disposal;
(11) Be in the frontline of general services-related activities, such as the possible and imminent destruction or damage to records, supplies, properties, and structure materials or debris, particularly during and in the aftermath of man-made and natural disasters and calamities;
(12) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all matters relative to general services; and
(13) Perform such other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 37. City Veterinarian. — (a) The City Veterinarian must be a citizen of the Philippines, a resident of the City, of good moral character, a licensed doctor of veterinary medicine, and must have practiced veterinary profession for at least three (3) years immediately preceding the date of the appointment.
(b) The City Veterinarian shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The City Veterinarian shall take charge of the Office of the Veterinary Services, and shall:
(1) Formulate measures for the consideration 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;
(2) Develop plans and strategies and, upon approval thereof by the City Mayor, implement the same, particularly those which have to do with veterinary-related activities which the City Mayor is empowered to implement and which the Sangguniang Panlungsod is empowered to provide;
(3) Advise the City Mayor on all matters pertaining to the slaughter of animals for human consumption and the regulation of slaughterhouses;
(4) Regulate the keeping of domestic animals;
(5) Regulate and inspect poultry, milk and dairy products for public consumption;
(6) Enforce all laws and regulations for the prevention of cruelty to animals;
(7) Take the necessary measures to eradicate, prevent or cure all forms of animal diseases;
(8) Be in the frontline of veterinary-related activities, such as the outbreak of highly contagious and deadly diseases and in situations resulting in the depletion of animals for work and for human consumption, particularly those arising from and in the aftermath of man-made and natural disasters or calamities;
(9) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all matters relative to veterinary services which will increase the number and improve the quality of livestock, poultry and other domestic animals used for work or human consumption; and
(10) Perform such other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 38. City Human Resource Management Officer. — (a) The City Human Resource Management Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a human resource management or development practitioner, a holder of a college degree in management or any other related course from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in the practice of human resource management or development, the administration, execution, coordination, and supervision of activities involving personnel operations, and the implementation of civil service laws, rules and regulations.
(b) The City Human Resource Management Officer shall take charge of the Human Resource Management Office, and shall:
(1) Develop a human resource management program for approval by the City Mayor and the Sangguniang Panlungsod;
(2) Assist the City Mayor in implementing the City's policies and programs relative to recruitment and selection, appointment, training, promotion, compensation, and other personnel actions involving officials and employees of the City;
(3) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all matters relative to human resource management and development;
(4) Establish and maintain a sound personnel program for the City designed to promote career development and uphold the merit principle in the local government service; and
(5) Conduct a continuing organization development of the City, with the end view of instituting effective administrative reforms.
(c) Exercise such other powers and perform other duties and functions as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 39. City Environment and Parks Management Officer. — (a) The City Environment and Parks Management Officer must be a citizen of the Philippines, a resident of the City, of good moral character, with bachelor's degree preferably in environment management, natural resources management or urban/environment planning or any related course from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in environment and natural resources management, parks management and/or urban planning.
(b) The City Environment and Parks Management Officer shall take charge of the City Environment and Parks Management Office, and shall:
(1) Formulate measures for the consideration of the Sangguniang Panlungsod and provide assistance and support to the City Mayor in carrying out measures to ensure the delivery of basic services relative to sustainable management and utilization of environment and natural resources as provided under Section 17 and the provision of adequate facilities relative to parks services;
(2) Develop plans and strategies and, upon approval thereof by the City Mayor, implement the same, particularly those which have to do with environment, natural resources, and parks management programs and projects which the City Mayor is empowered to implement and which the Sangguniang Panlungsod is empowered to provide for under the Local Government Code of 1991, as amended;
(3) Establish, maintain, protect, and preserve communal forests, watersheds, tree parks, greenbelts, commercial forests, and similar forest projects like industrial tree farms and agro-forestry projects;
(4) Provide extension services and technical, financial, and infrastructure assistance to beneficiaries of parks and forest development projects;
(5) Manage and maintain seed banks and produce seedlings for forest and tree parks;
(6) Provide extension services and render assistance for natural resources-related conservation and utilization activities consistent with ecological balance to beneficiaries of forest development projects;
(7) Coordinate with government agencies and nongovernment organizations in the implementation of measures to prevent and control land, air, and water pollution with the assistance of the Department of Environment and Natural Resources (DENR);
(8) Be in the frontline of the delivery of services concerning the environment and natural resources, particularly in the renewal and rehabilitation of the environment and in the aftermath of man-made and natural disasters and calamities;
(9) Recommend measures to the Sangguniang Panlungsod and advise the City Mayor on all matters relative to the protection, conservation, maximum utilization, application of appropriate technology, and other matters related to environment and natural resources; and
(10) Exercise other duties and functions as provided for under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 40. The City Disaster Risk Reduction and Management Officer. — (a) The City Disaster Risk Reduction and Management Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in disaster risk reduction and management or in any related field.
(b) The City Disaster Risk Reduction and Management Officer shall receive compensation, emoluments, and allowances equal to that received by other appointive city officials stated herein or as may be determined by law or ordinance.
(c) The City Disaster Risk Reduction and Management Officer shall take charge of the City Disaster Risk Reduction and Management Office, and shall:
(1) Formulate and implement a comprehensive and integrated disaster risk reduction and management plan in accordance with the framework and policies on disaster risk reduction in close coordination with the local development council;
(2) Design, program and coordinate activities on disaster risk reduction consistent with the National Disaster Risk Reduction and Management Council's (NDRRMC) standards and guidelines, and to disseminate disaster risk information;
(3) Prepare and submit to the Sangguniang Panlungsod, through the City Disaster Risk Reduction and Management Council, an annual plan and budget;
(4) Organize and conduct training, orientation, and knowledge management activities on disaster risk reduction and management and to supervise the local emergency response teams and Accredited Community Disaster Volunteers (ACDV);
(5) Develop, strengthen, and operationalize mechanisms for partnership or networking with the private sector, civil society organizations, and volunteer groups for disaster risk reduction and emergency response purposes; and
(6) Perform such other duties and functions and exercise other powers as prescribed by law or ordinance.
Section 41. City Tourism Officer. — (a) The City Tourism Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably with specialized training in tourism development obtained from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in the implementation of programs on tourism development.
(b) The City Tourism Officer shall take charge of the City Tourism Office, and shall:
(1) Encourage the City to enact local legislation adopting the Department of Tourism (DOT) accreditation standards for tourism facilities and services;
(2) Ensure a pleasant experience and stay of tourists while at the same time protecting the interests, welfare and rights of the City;
(3) Develop tourist products and destinations that will benefit the City and its local community;
(4) Pursue the implementation of the national tourism master plans, the national ecotourism strategy and the area specific plans of national and local government units and the private sector; and
(5) Support the LGU in promoting festivals, fiestas and other tourism-related activities.
(c) Perform such 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.
Section 42. City Public Information Officer. — (a) The City Public Information Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in journalism, mass communications or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. The City Public Information Officer must have acquired at least five (5) years experience in writing articles and research papers or in writing for print, television or broadcast media.
(b) The City Public Information Officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The term of the City Public Information Officer shall be coterminous with that of the appointing authority.
(d) The City Public Information Officer shall take charge of the Office of the City Information and Community Relations Department, and shall:
(1) Formulate measures for the consideration of the Sangguniang Panlungsod and provide technical assistance and support to the City Mayor in providing the information and research data required for the delivery of basic services and the provision of adequate facilities so that the public becomes aware of said services and may fully avail of the same;
(2) Develop plans and strategies and, upon approval thereof by the City Mayor, implement the same, particularly those which have to do with public information and research data to support programs and projects which the City Mayor is empowered to implement and which the Sangguniang Panlungsod is empowered to provide;
(3) Provide relevant, adequate and timely information to the LGU and its residents;
(4) Furnish information and data on the local government agencies or offices as may be required by law or ordinance; and nongovernmental organizations to be furnished to said agencies and organizations;
(5) Maintain effective liaison with the various sectors of the community on matters and issues that affect the livelihood and the quality of life of the City's inhabitants and encourage support for programs of the local and national government;
(6) Be in the frontline in providing information during and in the aftermath of man-made and natural calamities and disasters or calamities, with special attention to the victims thereof, to help minimize injuries and casualties during and after the emergency, and to accelerate relief and rehabilitation;
(7) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all matters relative to public information and research data as it relates to the total socioeconomic development of the City; and
(8) Perform such other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 43. City Librarian. — (a) The City Librarian must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in library science or any related course from a recognized college or university, a licensed librarian, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in library administration.
(b) The City Librarian shall take charge of the City Library, and shall:
(1) Formulate plans and programs to carry out a responsive and effective delivery of free library services to students, professionals, and the general public;
(2) Determine policies, rules and regulations on the operation and management of the City Library;
(3) Acquire library facilities and equipment;
(4) Manage the procurement of books, periodicals, documents, and papers of research value through purchase, donation, or allocation from the National Library for the collection development of the City Library, either in print or in digital format;
(5) Maintain and continually upgrade the operation of the internet and electronic library (e-library) services of the City Library in order to keep abreast with the fast changing trends in information and science and technology for fast and global access to unlimited information;
(6) Maintain and continually upgrade the operation of the online public access catalog or computerized catalog for easier and faster access to the various collections of the City Library;
(7) Adopt and administer a system of classifying, cataloguing, filing, indexing and labeling in the preparation of library reading materials, in print and digital format, in accordance with the modern trends of library science;
(8) Prepare the annual budget of the City Library; submit appropriate reports; rate efficiency rating of subordinates; and attend meetings, conferences, and seminars;
(9) Provide technical assistance in the establishment and operation of barangay libraries in the City pursuant to Republic Act No. 7743; and
(10) Maintain the upkeep of the City Library building and its premises, and safeguard and preserve its contents.
(c) Exercise such other powers and perform other duties and functions as provided for under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 44. City Agriculturist. — (a) The City Agriculturist must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in agriculture or any other related course from a recognized college or university, a first grade civil service eligible or its equivalent, and must have practiced the profession in agriculture or have acquired at least five (5) years experience in related field.
(b) The City Agriculturist shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The City Agriculturist shall take charge of the Office for Agricultural Services, and shall:
(1) Formulate measures for the approval of the Sangguniang Panlungsod and provide technical assistance and support to the City Mayor in carrying out said 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 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, 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 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 City's inhabitants during and in the aftermath of man-made and natural disasters and 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 living conditions of the inhabitants; and
(6) Perform such other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 45. City Population Officer. — (a) The City Population Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably with specialized training in population development from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in the implementation of programs on population development or responsible parenthood.
(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 on Population Development, and shall:
(1) Formulate measures for the consideration 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 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 population development principles and methods in program 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 bank for program operations, development planning and an educational program to ensure the people's participation in and understanding of population development;
(5) Implement appropriate training programs geared at developing among residents their unique history, identity, and cultural heritage; and
(6) Perform such other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 46. City Traffic and Transportation Management Officer. — (a) The City Traffic and Transportation Management Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a traffic engineer or a holder of a college degree related to traffic and transportation from a recognized college or university, and must have acquired at least five (5) years of relevant experience.
(b) The City Traffic and Transportation Management Officer shall take charge of the City Traffic and Transportation Management Office, and shall:
(1) Formulate measures for the consideration of the Sangguniang Panlungsod and provide assistance and support to the City Mayor in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities in relation to traffic and transportation management, including parking structures and management thereof;
(2) Develop plans and strategies and, upon the approval of the City Mayor, implement the same, particularly those which relate to traffic and transportation management programs, policies, and projects which the City Mayor is empowered to implement and the Sangguniang Panlungsod is empowered to provide under the Local Government Code of 1991, as amended;
(3) Be in the frontline of the delivery of services concerning traffic and transportation;
(4) Certify or issue appropriate permits to private individuals and/or entities intending to establish parking structures in Baguio City and determine the appropriate fees thereof; and
(5) Recommend to the Sangguniang Panlungsod and advise the City Mayor on all matters relative to planning, monitoring, and implementation of policies on traffic and transportation.
(c) Exercise powers and perform duties as provided for under law or ordinance.
Section 47. City Cooperatives Officer. — (a) The City Cooperatives Officer must be a citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in business administration with special training on cooperatives or any related course from a recognized college or university, a first grade civil service eligible or its equivalent, and must have acquired at least five (5) years experience in cooperatives development, organization and management.
(b) The City Cooperatives Officer shall receive such compensation, emoluments and allowances as may be determined by law.
(c) The City Cooperatives Officer shall take charge of the Office for the Development of Cooperatives, and shall:
(1) Formulate measures for the consideration 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 facilities through the development of cooperatives, and in providing access to such 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 cooperatives principles and methods in programs which the City Mayor is empowered to implement and which the Sangguniang Panlungsod is empowered to provide;
(3) Assist in the organization of cooperatives;
(4) Provide technical and other forms of assistance to existing cooperatives to enhance their viability as an economic 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 cooperative organization, rehabilitation or viability-enhancement, particularly during and in the aftermath of man-made and natural calamities or disasters, 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 quality of life of the inhabitants; and
(8) Perform such other duties and functions, and exercise such other powers as provided under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
Section 48. City Solid and Liquid Wastes Management Officer. — (a) The City Solid and Liquid Wastes Management Officer must be citizen of the Philippines, a resident of the City, of good moral character, a holder of a college degree preferably in environment, ecology, engineering, solid and liquid wastes management or any related course from a recognized college or university, a holder of a first grade civil service eligibility or its equivalent, and must have acquired at least five (5) years experience in environmental and natural resources management, conservation and utilization or environmental engineering.
(b) The City Solid and Liquid Wastes Management Officer shall take charge of the Office of the City Solid and Liquid Wastes Management, and shall:
(1) Initiate the formulation and implementation of a comprehensive and integrated Solid and Liquid Wastes Management and Monitoring Plan (SLWMMP) for the City in accordance with the parameters of sustainable urban development and management set for the City and all related national and local environmental laws, standards and issuances;
The City Solid and Liquid Wastes Management Officer shall:
(i) Develop and recommend specific policies, guidelines, plans and programs, practices, techniques and measures to implement component or details of solid and liquid wastes management plan;
(ii) Consult and coordinate with all concerned sectors of the City in the formulation, implementation and monitoring of the SLWMMP and its component such as the solid waste management, liquid waste management, air ambience, water quality and watershed management;
(iii) Institutionalize generation of renewable energy from waste through waste-to-energy and other technologies as may be consistent with Republic Act No. 9003, otherwise known as the "Ecological Solid Waste Management Act of 2000"; Republic Act No. 9513, otherwise known as the "Renewable Energy Act of 2008"; and other applicable laws;
(iv) Enforce regulatory measures to manage properly solid and liquid wastes as provided in national and local legal issuances; and
(v) Source out assistance in all forms from international, national and local partners to ensure implementation of the SLWMMP and its components, subject to the approval and guidelines set by the city government.
(2) Operate and maintain facilities and equipment related to the components of the SLWMMP; and
(3) Review sewerage plans submitted to the office of the building official for the issuance of building permits and endorse the application if result of the review is favorable.
(c) Exercise such other powers and perform other duties and functions as provided for under the Local Government Code of 1991, as amended, and those that are prescribed by law or ordinance.
ARTICLE IX
BOARDS AND COUNCILS
Section 49. Boards and Councils. — The local boards and councils created pursuant to the Local Government Code of 1991, as amended, shall continue to exist and function as provided for by law. Other local bodies such as the City Tourism Council, the City Convention and Visitors Bureau, the Sister-Cities Committee, the Character City Committee, the City Traffic and Transportation Management Committee, Office of the Local Zoning Officer, the City Disaster and Risk Reduction Management Council, the City Solid and Liquid Waste Management Board, the City Market Authority, and the Baguio City Creative Council, Smart City Council, E-Governance Council, and other bodies which may be created thereafter in pursuit of UNSDG shall exist and function as provided for by law or ordinance.
ARTICLE X
BAGUIO TOWNSITE RESERVATION AND WATERSHEDS
Section 50. Alienable and Disposable Lands. — All alienable and disposable lands within the Baguio Townsite Reservation shall be disposed of and awarded by the DENR through the grant of residential free patent, townsite sales, or other modes of disposition pursuant to Republic Act No. 10023; Commonwealth Act No. 141, otherwise known as "The Public Land Act," as amended; Republic Act No. 11573; and such other laws authorizing the disposition of the lands to qualified applicants.
The application of Republic Act No. 10023 shall always consider the zoning ordinance and the city land use plan. Hence, alienable and disposable public land covered by a townsite sales application filed with the DENR covering areas exceeding two hundred (200) square meters may be subdivided for processing under a residential free patent application, and the excess area thereof shall be processed through townsite sales.
Alienable and disposable lands between roads and titled properties and lands adjoining legal easements along creeks and rivers with an area of two hundred (200) square meters, or less, and which are not occupied by houses nor covered by vested rights, shall be immediately delineated, marked and corners monumented not later than twelve (12) months from the effectivity of this Act, and shall form part of the greenbelt areas of Baguio City and not to be awarded to private individuals.
Section 51. Conduct of Subdivision Survey. — In coordination with the DENR, the City shall advance the cost for the conduct of a subdivision survey of all its alienable and disposable public lands which are part of its townsite reservation in accordance with its land use development plan, and segregate therein the areas for public use such as road systems, greenbelt areas, playground lots, health center sites, school sites and danger zones, as determined by geosciences experts of the Mines and Geosciences Bureau (MGB) of the DENR.
Section 52. Special Committee on Lands. — There shall be created a Special Committee on Lands to assist the DENR and to serve as venue for the resolution of all land-related issues in the City. It shall protect the interest of the City and its long-time occupants, especially in the review of (i) all ancestral land claims but such review shall not include the delineation processes facilitated by the National Commission on Indigenous Peoples (NCIP) pursuant to Republic Act No. 8371, otherwise known as "The Indigenous Peoples' Rights Act of 1997"; (ii) the conversion of lands; and (iii) the disposition of public lands including, if possible, the streamlining of the modes of disposition to those most appropriate for the City in order to achieve a balanced development while ensuring land tenure security and equity.
The Special Committee on Lands shall be chaired by the City Mayor, City Vice Mayor, or the City Committee on Urban Planning, Lands, and Housing, with the DENR as co-chair; the NCIP as vice-chair, and the John Hay Management Corporation (JHMC) and the Department of Human Settlements and Urban Development (DHSUD) as members.
Section 53. City Watersheds. — The Baguio City government, in coordination with the DENR, the National Water Resources Board (NWRB), and the Baguio Water District (BWD), shall protect, conserve, develop, and sustainably manage its forestlands and watersheds, and impose penal sanctions on anyone who destroys or infringes on the said areas and water sources of the City. The forest reservations and water sources within the lands of the Bases Conversion and Development Authority (BCDA) shall remain under the jurisdiction of the BCDA.
ARTICLE XI
ANCESTRAL LANDS
Section 54. Ancestral Lands. — Republic Act No. 8371, otherwise known as "The Indigenous Peoples' Rights Act of 1997," shall, insofar as applicable, continue to govern claims related to ancestral lands and domains in the City of Baguio.
The applications covering lands which are subject to pending ancestral land claims before the NCIP shall not be processed and shall not be acted upon pursuant to this Act from the moment the said ancestral land claims have been denied with finality by the proper court, government agency or instrumentality.
ARTICLE XII
CAMP JOHN HAY RESERVATION
Section 55. Camp John Hay Reservation. — The Camp John Hay Reservation covering a total land area of six million two hundred fifty-four thousand one hundred five square meters (6,254,105 sqm.) subject to final survey, which was transferred to the BCDA by virtue of Republic Act No. 7227, as amended, otherwise known as the "Bases Conversion and Development Act of 1992," as amended, is not part of the Baguio Townsite Reservation.
ARTICLE XIII
TRANSITORY PROVISIONS
Section 56. Ordinances Prior to the Approval of this Act. — All ordinances and resolutions of the City of Baguio existing at the time of the approval of this Act shall continue to be in force and effect until the Sangguniang Panlungsod of the City shall declare otherwise.
Section 57. Incumbent Representative and Other Elective and Appointive Officials. — The incumbent Representative of the Lone Legislative District of the City of Baguio and other elective and appointive officials of the City shall continue to exercise their powers and functions until the expiration of their terms of office, pursuant to the Constitution and existing laws.
Section 58. Lone Legislative District. — Until otherwise provided by law, the City of Baguio shall continue to exist as a lone legislative district.ℒαwρhi৷
Section 59. Identity of the City. — The City shall retain its identity as a highly-urbanized city, and shall remain part of the Cordillera Administrative Region. The City may form part of any growth corridor that will be established or of any aggrupation of LGUs that shall undertake to consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them such as those being undertaken by the City, and the municipalities of La Trinidad, Itogon, Sablan, Tuba, and Tublay, commonly known as the BLISTT.
ARTICLE XIV
FINAL PROVISIONS
Section 60. Applicability of Laws. — The provisions of the Local Government Code of 1991, as amended, and such other laws applicable to highly-urbanized cities shall govern the City.
Section 61. Separability Clause. — If any part or provision of this Act is declared invalid or unconstitutional, the other parts or provisions hereof shall remain valid and effective.
Section 62. Repealing Clause. — The provisions of the Charter of the City of Baguio as contained in Act No. 2711, otherwise known as the "Revised Administrative Code of 1917," as amended, and all other laws, decrees, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Section 63. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
Approved,
(SGD.) VICENTE C. SOTTO III
President of the Senate |
(SGD.) LORD ALLAN JAY Q. VELASCO
Speaker of the House of Representatives |
This Act which originated in the House of Representatives was passed by the House of Representatives and the Senate of the Philippines on December 7, 2021 and December 1, 2021.
(SGD.) MYRA MARIE D. VILLARICA
Secretary of the Senate |
(SGD.) MARK LLANDRO L. MENDOZA
Secretary General House of Representatives |
Approved: Lapsed into law on April 11, 2022 without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constitution.
RODRIGO ROA DUTERTE
President of the Philippines
The Lawphil Project - Arellano Law Foundation
