SEC. 11. Powers, Duties, Functions and Compensation.—(a)
The sangguniang panlungsod, as the legislative body of the City, shall
enact ordinances, approve resolutions and appropriate funds for the
general welfare of the City and its inhabitants pursuant to Section 16
of the Local Government Code of 1991 and in the proper exercise of the
corporate powers of the City as provided for under Section 22 of the
Local Government Code of 1991, and shall:
(1) Approve ordinances
and pass resolutions necessary for an efficient and effective city
government and, in this connection, shall:
(i) Review all
ordinances approved by the sangguniang barangay and executive orders
issued by the punong barangay to determine whether these are within the
scope of the prescribed powers of the sangguniang barangay and of the
punong barangay;
(ii) Maintain peace and order by enacting
measures to prevent and suppress lawlessness, disorder, riot, violence,
rebellion or sedition and impose penalties for the violation of said
ordinances;
(iii) Approve ordinances imposing a fine not
exceeding Five thousand pesos (P5,000.00) or an imprisonment for a
period not exceeding one (1) year, or both, at the discretion of the
court, for violation of a city ordinance;
(iv) Adopt measures to
protect the inhabitants of the City from the harmful effects of man-made
or natural disasters or calamities, and to provide relief services and
assistance to victims during and in the aftermath of said disasters or
calamities and in their return to productive livelihood following said
events;
(v) Enact ordinances intended to prevent, suppress and
impose appropriate penalties for habitual drunkenness in public places,
vagrancy, mendicancy, prostitution, the establishment and maintenance of
house of ill-repute, gambling and other prohibited games of chance,
fraudulent devices and ways to obtain money or property, drug addiction,
maintenance of drug dens, drug pushing, juvenile delinquency, the
printing, distribution or exhibition of obscene or pornographic
materials or publications and such other activities inimical to the
welfare and morals of the inhabitants of the City;
(vi) Protect
the environment and impose appropriate penalties for acts which endanger
the environment, such as illegal togging, smuggling of logs, smuggling
of natural resources products and of endangered species of flora and
fauna, slash-and-burn farming and such other activities which result in
pollution, acceleration of siltation of rivers and lakes or of
ecological imbalance;
(vii) Subject to the provisions of the
Local Government Code of 1991 and other pertinent laws, determine the
powers and duties of officials and employees of the City;
(viii)
Determine the positions and the salaries, wages, allowances and other
emoluments and benefits of officials and employees paid wholly or mainly
from city funds and provide for expenditures necessary for the proper
conduct of programs, projects, services and activities of the city
government;
(ix) Authorize the payment of compensation to a
qualified person not in the government service who fills in a temporary
vacancy or grant honoraria to any qualified official or employee
designated to fill in a temporary vacancy in a concurrent capacity at
the rate authorized by law;
(x) Provide a mechanism and the
appropriate funds therefore for the safety and protection of all city
government properties, public documents or records such as those
relating to property inventory, land ownership, records of births,
marriages, deaths, assessments, taxation, accounts, business permits and
such other records and documents of public interest in the offices and
departments of the city government;
(xi) When the finances of the
city government allow, provide for additional allowances and other
benefits to judges, prosecutors, public elementary and high school
teachers, and other national government officials stationed in or
assigned to the City;
(xii) Provide legal assistance to barangay
officials who, in the performance of their official duties or on the
occasion thereof, have to initiate judicial proceedings or defend
themselves against legal actions; and
(xiii) Provide for group
insurance or additional insurance coverage for all barangay officials,
including members of barangay tanod brigades and service units, with
public or private insurance companies, when the finances of the city
government allow said coverage:
(2) Generate and maximize the use
of resources and revenues for the development plans, program objectives
and priorities of the City, with particular attention to
agro-industrial development and citywide growth and progress, and
relative thereto, shall:
(i) Approve the annual and supplemental
budgets of the city government and appropriate funds for specific
programs, projects, services and activities of the City, or for other
purposes not contrary to law, in order to promote the general welfare of
the City and its inhabitants;
(ii) Subject to the provisions of
Book II of the Local Government Code of 1991 and applicable laws and,
upon the majority vote of all the members of the sangguniang panlungsod,
enact ordinances levying taxes, fees and charges, prescribing the rates
thereof for general and specific purposes and granting tax exemptions,
incentives or reliefs;
(iii) Subject to the provisions of Book II
of the Local Government Code of 1991 and upon the majority vote of all
the members of the sangguniang panlungsod, authorize the city mayor to
negotiate and contract loans and other forms of indebtedness;
(iv)
Subject to the provisions of Book II of the Local Government Code of
1991 and applicable laws and, upon the majority vote of all the members
of the sangguniang panlungsod, enact ordinances authorizing the floating
of bonds or other instruments of indebtedness, for the purpose of
raising funds to finance development projects;
(v) Appropriate
funds for the construction and maintenance or the rental of buildings
for the use of the City and, upon the majority vote of all the members
of the sangguniang panlungsod, authorize the city mayor to lease to
private parties such public buildings held in a proprietary capacity,
subject to existing laws, rules and regulations;
(vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the City;
(vii)
Adopt a comprehensive land-use plan for the City and ensure that the
formulation, adoption or modification of the said plan shall be in
coordination with the approved provincial comprehensive land-use plan;
(viii)
Reclassify lands within the jurisdiction of the City, subject to the
pertinent provisions of the Local Government Code of 1991;
(ix)
Enact integrated zoning ordinances in consonance with the approved
comprehensive land-use plan, subject to existing laws, rules and
regulations; establish fire limits or zones, particularly in populous
centers; and regulate the construction, repair or modification of
buildings within said limits or zones in accordance with the provisions
of the Fire Code of the Philippines;
(x) Subject to national law,
process and approve subdivision plans for residential, commercial or
industrial purposes and other development purposes, and to collect
processing fees and other charges, the proceeds of which shall accrue
entirely to the City; Provided, however, That where approval of a
national agency or office is required, said approval shall not be
withheld for more than thirty (30) days from receipt of the application.
Failure to act on the application within the period stated above shall
be deemed as approval thereof;
(xi) Subject to the provisions of
Book II of the Local Government Code of 1991, grant the exclusive
privilege of constructing fish corrals or fish pens, or the taking or
catching of bangus fry, prawn fry or kawag-kawag, or fry of any species
or fish within the city waters;
(xii) With the concurrence of at
least two thirds (2/3) vote of all the members of the sangguniang
panglungsod, grant tax exemptions, incentives or reliefs to entities
engaged in community growth-inducing industries, subject to the
provisions of the Local Government Code of 1991;
(xiii) Grant
loans or provide grants to other local government units or to national,
provincial and city charitable, benevolent or educational institutions: Provided, That said institutions are operated and maintained within the City;
(xiv) Regulate the numbering of residential, commercial and other buildings; and
(xv) Regulate the inspection, weighing and measuring of articles of commerce;
(3)
Subject to the provisions of Book II of the Local Government Code of
1991, enact ordinances granting franchises and authorizing the issuance
of permits or licenses, upon such conditions and for such purposes
intended to promote the general welfare of the inhabitants of the City
and, pursuant to this legislative authority, shall:
(i) Fix and impose reasonable fees and charges for all services rendered by the city government to private persons or entities;
(ii)
Regulate or fix license fees for any business or practice of profession
within the City and the conditions under which the license for said
business or practice of profession may be revoked and enact ordinances
levying taxes thereon;
(iii) Provide for and set the terms and
conditions under which public utilities owned by the City shall be
operated by the city government and prescribe the conditions under which
the same may be leased to private persons or entities, preferably
cooperatives;
(iv) Regulate the display of and fix the license
fees for signs, signboards or billboards at the place or places where
the profession or business advertised thereby is, in whole or in part,
conducted;
(v) Any law to the contrary notwithstanding, authorize
and license the establishment, operation and maintenance of cockpits,
and regulate cockfighting and commercial breeding of gamecocks; Provided, That existing rights should not be prejudiced;
(vi)
Subject to the guidelines prescribed by the Department of
Transportation and Communications (DOTC), regulate the operation of
tricycles and grant franchises for the operation thereof within the
territorial jurisdiction of the City; and
(vii) Upon approval by
the majority vote of all the members of the sangguniang panlungsod,
grant a franchise to any person, partnership, corporation or cooperative
to do business within the City; establish, construct, operate and
maintain ferries, wharves, markets or slaughterhouses; or undertake such
other activities within the City as may be allowed by existing laws: Provided, That, cooperatives shall be given preference in the grant of such franchise.
(4)
Regulate activities relative to the use of land, buildings and
structures within the City in order to promote the general welfare and,
for the said purpose, shall: (i) Declare, prevent or abate any nuisance;
(ii)
Require that buildings and the premises thereof and any land within the
City be kept and maintained in a sanitary condition; impose penalties
for any violation thereof or, upon failure to comply with the said
requirement, have the work done at the expense of the owner,
administrator or tenant concerned; and require the filling up of any
land or premises to a grade necessary for proper sanitation;
(iii) Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar establishments;
(iv)
Regulate the establishment, operation and maintenance of restaurants,
beerhouses, hotels, motels, inns, pension houses, lodging houses and
other similar establishments, including tourist guides and transports;
(v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or fermented liquors at any retail outlets;
(vi)
Regulate the establishment and provide for the inspection of steam
boilers or any heating device in buildings and the storage of
inflammable and highly combustible materials within the City;
(vii)
Regulate the establishment, operation and maintenance of any
entertainment or amusement facilities, including the theatrical
performances, circuses, billiard halls, public dancing schools, public
dance halls, sauna baths, massage parlors and other places for
entertainment or amusement; regulate such other events or activities for
amusement or entertainment, particularly those which tend to disturb
the community or annoy the inhabitants, or require the suspension or
suppression of the same; or prohibit certain forms of amusement or
entertainment in order to protect the social and moral welfare of the
community;
(viii) Provide for the impounding of stray animals;
regulate the keeping of animals in homes or as part of a business, and
the slaughter, sale or disposition of the same; and adopt measures to
prevent and penalize cruelty to animals; and
(ix) Regulate the
establishment, operation and maintenance of funeral parlors and the
burial or cremation of the dead, subject to existing laws, rules and
regulations.
(5) Approve ordinances which shall ensure the
efficient and effective delivery of the basic services and facilities as
provided for under the Local Government Code of 1991 and, in addition
to said services and facilities, shall:
(i) Provide for the
establishment, maintenance, protection and conservation of communal
forests and watersheds, tree parks, greenbelts, mangroves and other
similar forest development projects;
(ii) Establish markets,
slaughterhouses or animal corrals and authorize the operation thereof by
the city government; and regulate the construction and operation of
private markets, talipapas or other similar buildings and structures;
(iii)
Authorize the establishment, maintenance and operation by the city
government of ferries, wharves and/or other structures intended to
accelerate productivity related to marine and seashore or offshore
activities;
(iv) Regulate the preparation and sale of meat,
poultry, fish, vegetables, fruits, fresh dairy products and other
foodstuffs for public consumption;
(v) Regulate the use of
streets, avenues, alleys, sidewalks, bridges, parks and other public
places and approve the construction, improvement, repair and maintenance
of the same; establish bus and vehicle stops and terminals or regulate
the use of the same by privately-owned vehicles which serve the public;
regulate garages and the operation of conveyances for hire; designate
stands to be occupied by public vehicles when not in use; regulate the
putting up of signs, signposts, awnings and awning posts on the streets;
and provide for the lighting, cleaning and sprinkling of streets and
public places;
(vi) Regulate traffic on all streets and bridges;
prohibit encroachments or obstacles thereon and, when necessary in the
interest of public welfare, authorize the removal of encroachments and
illegal constructions in public places;
(vii) Subject to existing
laws, establish and provide for the maintenance, repair and operation
of an efficient waterworks system to supply water for the inhabitants
and to purify the source of the water supply; regulate the construction,
maintenance, repair and use of hydrants, pumps, cisterns and
reservoirs; protect the purity and the quantity of the water supply of
the City and, for this purpose, extend the coverage of appropriate
ordinances over all territory within the drainage area of said water
supply within one hundred meters (100 m.) of the reservoir, canal,
conduit, aqueduct, pumping station and watershed used in connection with
the water service; and regulate the consumption, use or wastage of
water and fix and collect charges thereof;
(viii) Regulate the
drilling acid excavation of the ground for the laying of water, gas,
sewer and other pipes, and the construction, repair and maintenance of
public drains, sewers, cesspools, tunnels and similar structures;
regulate the placing of poles and the use of crosswalks, curbs and
gutters, adopt measures to ensure public safety against open canals,
manholes, live wires and other similar hazards to life and property; and
regulate the construction and use of private water closets, privies and
other similar structures in buildings and homes;
(ix) Regulate
the placing, stringing, attaching, installing, repair and construction
of all gas mains, electric telegraph and telephone wires, conduits,
meters and other apparatus; and provide for the correction, condemnation
or removal of the same when found to be dangerous, defective or
otherwise hazardous to the welfare of the inhabitants;
(x)
Subject to the availability of funds and to existing laws, rules and
regulations, establish and provide for the operation of vocational and
technical schools and similar post-secondary institutions and, with the
approval of the Technical Education and Skills Development Authority
(TESDA), and subject to existing laws on tuition fees, fix and collect
reasonable tuition fees and other school charges in educational
institutions supported by the city government;
(xi) Establish a
scholarship fund for the poor but deserving students in schools located
within its jurisdiction or for students residing within the City;
(xii) Approve measures and adopt quarantine regulations to prevent the introduction and the spread of diseases;
(xiii)
Provide for an efficient and effective system of solid waste and
garbage collection and disposal and prohibit littering and the placing
or throwing of garbage, refuse and other filth and wastes;
(xiv)
Provide for the care of persons with disabilities (PWD), paupers, the
aged, the sick, persons of unsound mind, abandoned minors, juvenile
delinquents, drug dependents, abused children and other needy and
disadvantaged persons particularly children and the youth below eighteen
(18) years of age and, subject to the availability of funds, establish
and provide for the operation of centers and facilities for the said
needy and disadvantaged persons;
(xv) Establish and provide for
the maintenance and improvement of jails and detention centers,
institute a sound jail management program and appropriate funds for the
subsistence of detainees and convicted prisoners in the City;
(xvi)
Establish a city council whose purpose is the promotion of culture and
the arts, coordinate with government agencies and nongovernmental
organizations and, subject to the availability of funds, appropriate
funds for the support and development of the same; and
(xvii)
Establish a city council for the elderly and senior citizens which shall
formulate policies and adopt measures mutually beneficial to the
elderly and to the community; provide incentives for nongovernmental
agencies and entities and, subject to the availability of funds,
appropriate funds to support programs and projects for the benefit of
the elderly.
(6)Perform such other duties and functions and
exercise such other powers as provided for under the Local Government
Code of 1991, and those that are prescribed by law or ordinance.