Tasks and Responsibilities Checklist A Simple ... - LGRC DILG 10

A Simple Reference Guide to ActionTHE CITY MAYOR1

The City Mayor Tasks and Responsibilities Checklist:A Simple Reference Guide to ActionRevised EditionCopyright © 2007Local Government Academy (LGA) andBureau of Local Government Supervision (BLGS)Department of the Interior and Local GovernmentAll rights reserved.Portions Portions of of this this checklist Checklist may may be be used for education and and training trainingpurposes. When using using such such for publications for publications and learning and materials, learningmaterials, please acknowledge your reference.please acknowledge your reference by putting this credit line:ISBN No. : 978-971-0383-31-3The City Mayor: Tasks and Responsibilities Checklist. RevisedPrinted Edition. and Bureau bound of in Manila, Local Government Philippines. Supervision and LocalGovernment Academy, Department of the Interior and LocalPublished by: Government. Quezon City, Philippines: 2007.Local Government Academy,Department of the Interior and Local Government,8/F Agustin I Building, F. Ortigas Jr. Road (formerly Emerald Avenue),Ortigas Center, Pasig City,1605 PhilippinesTel. No. (632)634 – 8430 / 634-8436www.lga.gov.phandBureau of Local Government Supervision,Department of the Interior and Local Government,A. Francisco Gold Condominium II,EDSA cor. Mapagmahal St., Diliman, Quezon City,1100 PhilippinesTel. No. 925 – 0377 / 925 – 0372www.dilg.gov.phcover design: Iris Alegro-Igrobay2This project was undertaken in collaboration with the PhilippinesDevelopment Forum with financial support of the Governmentof Canada provided through the Canadian InternationalDevelopment Agency (CIDA).

THE CITY MAYORTasks and ResponsibilitiesChecklistA Simple Reference Guide to Action3

Message from the SecretaryThe quest for good governance begins with a strong andeffective local leadership. Local chief executives that set aclear vision for their LGUs and who are able to fosterdevelopment make successful local leaders.Beyond this, a clear understanding of the defined tasks andresponsibilities and the ability to manage change helps in bringingabout a genuine and complete foundation for effective localgovernance.The Department of the Interior and Local Government (DILG) is proudto offer you this set of modules on the Tasks and ResponsibilitiesChecklist which will provide you insights on how to effectively manageyour initial approach to the challenges and issues confronting thelocality.This guidebook also provides a very practical and useful reference foryou in charting your agenda and development directions. It featuresstrategic and insightful tips and approaches that are more attunedand applicable to existing conditions in most LGUs in the country.We hope that this set of modules will serve as an inspiration to all thelocal chief executives as they chart a common vision for their LGUsand their people towards this shared vision.Ronaldo V. PunoSecretary4

Message from the Executive Directorongratulations for owning a copy of this knowledge materialon The Tasks and Responsibilities of Local GovernmentOfficials.CThe pursuit of effective and good governance take-off from a strongand potent local leadership. We clamor for local leaders who possessand articulate their shared visions, and who are able to steer theirlocality towards this vision along with the other strategic sectors likecivil society, the basic sectors and the business community. Beyondleadership, it is also crucial to converge and explore participatoryapproaches that foster transparency, effectiveness, and efficiencyin the public sector.The Local Government Academy is therefore proud to present to youthis Gift for Good Governance which is part of our continuing missionto empower our local communities. We feel that it is very importantfor us to cultivate a culture of learning in our localities that will caterto our people’s victory against the perennial problems on poverty.This guidebook complements the other existing local governancetools. It is packaged to serve as a practical and reader-friendlyreference material for local officials in knowing their functions ascatalysts for local development.We hope that this will serve as an inspiration to all the readers as theyembark towards achieving their mission and leading their people intoprosperity.Marivel C. SacendoncilloExecutive Director5

Message from the Philippine Development ForumWorking Group on the Decentralization and Local Governments an elected official of your Local Government, you have takenup the challenge of responding to the call of your citizens foreffective governance and efficient service delivery. Animportant first task for you and other members of your teamAwill be to develop a good understanding of your mandate as it relatesto the particular circumstances of your LGU and as a basis for decidingon the strategic direction on which you will focus over the next threeyears.The Working Group on Decentralization and Local Governmentestablished under the Philippines Development Forum aims to promotecoordination of development efforts between different governmentdepartments, international donors and other local-governmentstakeholders in the Philippines. One of the priorities of the WorkingGroup is to harmonize and strengthen capacity building programs forlocal governments.We hope that this publication - The Tasks and Responsibilities of LocalGovernment Officials - prepared as part of a wider orientation programfor newly elected officials, will serve as an integral part of your LocalGovernment’s foundation for governance and as a valuablereference tool throughout your term.On behalf of the members of the Working Group, we commend theLocal Government Academy (LGA) for this publication and thank allthose who made this collaborative effort possible.Philippine Development ForumWorking Group on Decentralization and Local GovernmentAustere A. PanaderoLead ConvenorMukami KariukiCo-convenorNote: the contents of this manual are the responsibility of the Local Government Academy, and should not beattributed in any manner to the individual member institutions of the Philippine Development Forum.6

Message from the DirectorToday, local authorities are expected to govern withadministrative simplicity and efficiency, and to genuinelyassume a lead role towards the realization of a desirablelevel of socio-economic development and environmentalhealth.This publication entitled, Tasks and Responsibilities Checklist, A SimpleReference Guide to Action, is a supplementary material in support ofefforts aimed at building the long-term foundation of a localgovernment system which values the quality of its human capital,which genuinely enables its business environment and which jealouslyprotects the integrity of its natural resource endowment.ROLANDO M. ACOSTA, CESO IIDirector, BLGS7

Table of Contentsi. Forewordii.NotesI. Starting Up: Tasks and Responsibilitiesfor the First 100 Days in Office, 9II. Gearing Up for the Continuing Tasks, 16o Local Administrative Governance, 16o Local Social Governance, 35o Local Economic Governance, 50o Local Environmental Governance, 56III. Officer-in-Charge City Mayor, 608

1 STARTING UPTASKS AND RESPONSIBILITIES FOR THEFIRST 100 DAYS IN OFFICEGeneral Administrative Concerns! Exercise general supervision and control over all programs,projects, services and activities of the City Government[Section 455 (b) (1), LGC]! Present the program of government and propose policiesand projects for the consideration of the SangguniangPanlungsod [Section 455 (b) (1) (iii), LGC]IMPORTANT REMINDERS" Subscribe to an Oath or Affirmation of Office, upon assumption, togetherwith other elective and appointive city officials and employees [Section 92,LGC]; and" File sworn Statement of Assets, Liabilities and Net Worth, lists of relativeswithin the fourth degree of consanguinity or affinity in government service,financial and business interests, and personnel data sheets, as required by law[Section 91, LGC]9

! Call upon any national official or employee stationed in orassigned in the city to advise him on matters affecting thecity and to make recommendations thereon [Section 455(b) (1) (xvi), LGC]ORGANIZATION OF LOCAL SPECIAL BODIESThe City Mayor is to organize, if none is still in place, or tore-organize, if already in existence, the following local specialbodies:! City Development Council [Section 106, LGC]! City School Board [Section 98, LGC]! City Health Board [Section 102, LGC]! City Bids and Awards Committee [RA 9184]! City Peace and Order Council [Section 116, LGC; EO 309,as amended ]! People’s Law Enforcement Board [Article 187, IRR, LGC;DILG MC No. 06-59, s. 2006]FORMULATION OF THE EXECUTIVEAND LEGISLATIVE AGENDA! Cause the formulation of a term-based ELA [DILG MC No.04-64, s. 2004]10

NOTES ON THE EXECUTIVE AND LEGISLATIVE AGENDA1. The Executive and Legislative Agenda highlights priority areas for improvements,or reforms;2. The ELA is structured as follows:- Governance – financial accountability; transparency; citizen participation;equity; and local legislation.- Administration – development planning; revenue generation; revenueallocation and utilization; human resources management and development;and customer services.- Social Services – health and nutrition; education; housing and basic utilities;and peace, security and disaster preparedness.- Economic Development – agriculture and fisheries development; andbusiness, enterprise and industry promotion.- Environmental Management – natural resources management; and wastemanagement and pollution control; and3. In the formulation of the ELA, involve the civil society and the business community[DILG MC No. 2004-64, s. 2004]11

ON OTHER PLANS! Cause the formulation, or the updating, of theComprehensive Land Use Plan [DILG MC No. 04-133, s. 2004]! Cause the formulation of the City Development Plan [Section455 (b) (1) (ii), LGC]PERSONNEL ACTIONS! Ensure that all personnel actions are in accordance with thecivil service laws, rules and regulations [Section 77, LGC]! Appoint all officials and employees whose salaries and wagesare wholly or mainly paid out of city funds and whoseappointments are not otherwise provided for in the LocalGovernment Code [Section 455 (b) (1) (v), LGC]NOTES" Determine, according to law or ordinance, the time, manner and place of paymentof salaries or wages of the officials and employees. [Section 455 (b) (1) (viii),LGC]" Allocate and assign office space to officials and employees. [Section 455 (b) (1)(ix), LGC]12

POINTERS IN THE PREPARATION OF THE ANNUAL BUDGET" Total Appropriations - shall not exceed the estimates of income [Section324 (a), LGC]" Full Provision - shall be made for all statutory and contractual obligations ofthe city [Section 324 (b), LGC]" Debt Servicing - shall not exceed 20% of the regular income of the city" Aid to Component Barangays - shall not be less than One ThousandPesos (PhP 1,000.00) per barangay [Section 324 (c), LGC]" Calamity Fund – shall be 5% of the estimated revenue from regular sources[Sec 324 (d), LGC; RA 8185]" Development Fund - at least 20% of the annual IRA shall be appropriatedfor development projects [Section 287, LGC; EO No. 189 s. 1999; DILG;and DBM JMC No. 1, s. 2005]" Personal Services - shall not exceed 45% for 1 st – 3 rd class, and 55% 4 th to6 th class local governments" Intelligence or Confidential Undertakings - shall not exceed 30% of thetotal annual amount allocated for peace and order efforts or 3% of the annualappropriations, whichever is lower [DILG MC No. 99-65, s. 1999, asamended]" Discretionary Purposes - shall not exceed 2% of the actual receiptsderived from basic real property tax in the next proceeding" 1% of the Internal Revenue Allotment of the City Government shall beallocated for the strengthening of the Local Council for the protection ofchildren [RA 9344, April 23, 2006, Juvenile Justice and Welfare Act]13

ON PEACEAND SECURITY! Cause the formulation, or updating, and implementationof the City Peace and Order Annual Action Plan for thepreservation and maintenance of peace and order [DILGMC No. 97-142, s. 1997]! Cause the formulation, or updating, and implementationof the Integrated Area/Community Peace and Order andPublic Safety Plan [DILG MC No. 02-162, s. 2002]OTHERCONCERNS! Cause the preparation of the executive budget for theensuing fiscal year and its submission to the SangguniangPanlungsod not later than the 16 th day of October of thecurrent fiscal year [Section 318, LGC]REMINDERThe City Mayor is to direct the City Accountant and Barangay Officials on thesubmission of the Monthly Financial Statements to the Sangguniang Panlungsod30 days after the close of each month, and the Year-End Statement of Accounts,60 days after the 31 st of December [DILG MC No. 96-161, s. 1996]14

! Cause the establishment of a local revenue managementinformation system [DILG MC No. 98-51, s. 1998]! Institute, or cause to be instituted, administrative or judicialproceedings for violation of ordinances in the collection oftaxes, fees or charges, and for the recovery of funds andproperty [Section 455 (b) (3) (ix), LGC]! Cause the formulation, or updating, and enforcement ofthe City Environmental Code [DILG MC No.97-267, s. 1997]15

2 GEARING UPCONTINUING TASKS AND RESPONSIBILITIESLOCAL ADMINISTRATIVE GOVERNANCE! Enforce all laws and ordinances relative to thegovernance of the city, and in the exercise of itscorporate powers, and cause the implementation ofall approved policies, programs, projects, services andactivities of the city [Section 455 (b) (2), LGC]! Call conventions, conferences, seminars or meetings ofelective or appointive officials of the city [Section 455(b) (2) (ii), LGC]Exercise general supervision over component barangays:[Section 32, LGC]! Ensure that the acts of component barangays andtheir officials and employees are within the scope oftheir prescribed powers, duties and functions [Section455 (b) (2) (i), LGC];! Visit component barangays at least once every sixmonths to deepen understanding of problems andconditions, to listen and give appropriate counsel tolocal officials and inhabitants and to inform thecomponent barangays officials and inhabitants ofgeneral laws and ordinances [Section 455 (b) (1) (xiii),LGC];16

! Ensure that all barangays have complete or updatedRegistry of Barangay Inhabitants [DILG MC No. 06-134, s.2006]; and! May impose preventive suspension upon erring electiveand appointive officials and employees [Sections 63 (a) (3)and 85, LGC]! Establish cooperative undertakings of the city with otherlocal government units [Section 33, LGC]! Take the lead in the replication of exemplary practices ofother local governments, as appropriate [DILG MC No.04-152, s. 2004]! Cause the city to be defended against all suits to ensurethat its interests, resources and rights are adequatelyprotected [Section 455 (b) (3) (ix), LGC]! Represent the city in all its business transactions and sign inits behalf all bonds, contracts and obligations, and otherdocuments, upon authority of the SangguniangPanlungsod [Section 455 (b) (1) (vi), LGC]! Cause the preparation of an Annual Report containing asummary of all matters pertinent to governance,administration, social services, economic development17

and environmental management, including supplementalreports when unexpected events and situations arise atany time during the year [Section 455 (b) (1) (xx), LGC andDILG MC No. 07-24, s. 2007]! See to it that the Annual Report, also referred to as theState of Local Governance Report, is optimally utilized asa principal source document in the formulation andimplementation of programs or projects, or administrativereforms which are within the competence and authority ofcity officials to undertake [DILG MC No. 07-24, s. 2007]! Apply and secure permission from proper authorities beforegoing on Official Travel outside of the city [Section 96,LGC]ON TRANSPARENCYCarry out an Open-Door-Policy Type of Governance to bringthe government closer to the people by way of:! Institutionalizing a policy that allows people from all walksof life access to City Government offices;! Designating a Citizens’ Desk, at the lobby of the city hall,properly identified and completely manned at least eighthours a day to provide information and other forms ofassistance;18

! Conducting regular informative tours for the youth to cityoffices to familiarize them with the workings of the citygovernment; and! Establishing semi-permanent bulletin boards or billboardscontaining information such as duties and functions of cityoffices, programs and services [DILG MC No. 96-45, s. 1996,as amended]ON PARTICIPATIONPromote the establishment and operation of People’s andNon-governmental Organizations to become active partnersin the pursuit of local autonomy through: [Section 34, LGC]! Entering into joint ventures and other cooperativearrangements with people’s and non-governmentalorganizations to engage in the delivery of certain basicservices, capability-building and livelihood projects in thecity [Section 35, LGC]; and! Causing the provision of assistance, financial or otherwise,to accredited city-based people’s and nongovernmentalorganizations for economic, socially-oriented,environmental, or cultural projects to be implemented inthe city [Section 36, LGC]19

Regarding the Indigenous and Cultural Communities:! Uphold and ensure the free exercise of the rights of theIndigenous and Cultural Communities or the IndigenousPeople, if any, in the city [DILG MC No. 02-89, s. 2002];and! Cause the integration of Indigenous People’s rights andrelated concerns within the framework of gender anddevelopment [DILG MC No. 05-34, s. 2005]ON DEVELOPMENT PLANNING! Cause the formulation, or updating, of theComprehensive Land Use Plan and see to it that thezoning ordinance is strictly enforced [DILG MC No. 04-133,s. 2004]REMINDERS FOR COMPONENT CITIESIf the CLUP is not acted upon by the Sangguniang Panlalawigan within theprescribed three-month period:1. Issue a corresponding certification that the CLUP was not acted upon by theSangguniang Panlalawigan; and2. Submit to the DILG Central Office, through the DILG Regional Office, theCLUP, together with such certification on the inaction by the SangguniangPanlalawigan.20

! Seek assistance from the Housing and Land Use RegulatoryBoard or directly contract the services of private technicalexperts or consultants to ensure transparency and to fasttrack the formulation or updating of the CLUP [DILG MCNo. 01-76, s. 2001]ON OTHERPLANS! Direct the formulation and implementation of the cityDevelopment Plan [Section 455 (b) (1) (ii), LGC]REMINDERS IN FORMULATING PLANS" Include the Rights-Based Approach (RBA) in the City Government Plan ofAction." Appropriate funds for RBA programs and apply this approach to developmentplanning, programming, budgeting and policy formulation." Ensure that appropriate access improvement interventions based on IRAPanalysis, findings, and recommendations are integrated in the AnnualInvestment Plan." Incorporate development projects on culture and arts in the short and longtermdevelopment plans." Incorporate in the annual development plan, programs or projects that willenhance the development and the management of fisheries and other aquaticresources [DILG MC No. 98-68, s. 1998; DILG MC No. 01-131, 2001]21

REMINDERS IN SUBMITTING PLANS" Submit the updated Comprehensive Medium-Term Annual Investment Planand Land Use Plan to DILG Regional Office to include approved zoningordinances [DILG MC No. 97-221, s. 1997]" Submit the Annual Development Plan to the DILG, copy furnished DBM.Release of the 20% DF shall be in accordance with the procedures andguidelines issued by the DBM for the speedy and effective enforcement of theprovisions of Section 288 of RA 7160 and its implementing rules andregulations [DILG MC No. 01-55, s. 2001; EO No. 189, s.1999]! Adopt the Medium Term Youth Development Plan for CY2005-2010, and every five years thereafter, in theformulation and implementation of youth-orientedprograms and policies [EO No. 438, s. 2005]ON REVENUE GENERATION! Cause the generation of resources and revenues tofinance the implementation of development plans,programs, objectives and priorities [Section 455 (b) (3),LGC and DILG MC No. 99-111, s. 1999]Enhance tax enforcement and collection efforts by:! Ensuring the withholding of correct taxes and remitting thesame to competent bodies;22

! Including the TIN in all application for government permits,CTC and other official papers and documents;! Submitting updates on the current and fair market valueof a property;! Providing the Bureau of Internal Revenue with analphabetical list of taxpayers;! Providing the Revenue District Office with the list ofcontractors who are engaged in government contractsand the list of professionals who are issued with professionor occupation tax;! Requiring the presentation of proper documents prior tothe renewal of business permit;! Assisting in the dissemination of tax reminders, promotionof BIR programs and other reminders or campaigns on theissuance of official receipts for every purchase made bythe taxpayers;! Submitting requirements useful in the computation ofcertificates to BIR;! Assisting the Revenue District Office in locatingunregistered taxpayers and delinquent taxpayers; and! Allowing the BIR authorized personnel access toassessment, collection and remittance of records, subjectto pertinent provisions applicable to laws, rules andregulations [DILG MC No. 01-33, s. 2001]! Strictly implementing withholding tax laws andregulations, and advise all concerned officers in-charge ofwithholding taxes that failure to comply with the saidrequirements is subject to administrative and penalliabilities as provided for by law [DILG MC No. 99-151, s.23

1999; DILG MC. No. 95-164, s. 1999; Revenue MemorandumOrders 14-98 and 70-98]! Imposing terminal, parking and other similar fees andenforce regulations on the routing of PUVs in strictconformity with the approved route mandated by theLTFRB [DILG MC No. 02-17, s. 2002]! Causing the inclusion in the annual budget appropriationsfor the operational and logistical support to the PNP in thecity [EO No. 546, s. 2006]! Causing the codification of revenue ordinances with theaim of improving local revenue administration [DILG MCNo. 98-51, s. 1998]REMINDERPrior to the issuance of a Tax Declaration, require a Certification from the Directorsof the FMB and the LMB, or their duly authorized representatives, that the areadeclared for taxation purposes is alienable and disposable [DILG MC No. 99-165, s. 1999; PD No. 705]ON RESOURCE ALLOCATION AND UTILIZATION! Ensure that the 20% component of the Internal RevenueAllotment is optimally utilized for development projects,such as the following:24

1. Social Development! Establishment or rehabilitation of ProductivityEnhancement Center for out-of-school youths, women,minors, displaced families, indigenous people, differentlyabledpersons and older persons;! Establishment or rehabilitation of health centers, ruralhealth unit or hospital, and purchase of medicalequipment;! Construction or rehabilitation of a local governmentownedpotable water supply system;! Installation of street lighting system;! Preservation of cultural/historical sites; and! Other programs or projects of similar nature.2. Economic Development! Implementation of a livelihood or entrepreneurshipdevelopment program or project;! Construction or rehabilitation of a communal irrigation orwater impounding system and purchase of post harvestfacilities such as farm or hand tractor with trailer, thresher,mechanical drier and the like;! Construction or rehabilitation of farm-to-market roads;! Construction or rehabilitation of local roads or bridges;and! Other programs or projects of similar nature.25

3. Environmental Management! Construction or rehabilitation of sanitary landfill orcontrolled dumpsite and purchase of a garbage truck orrelated equipment;! Community reforestation or urban greening projects;! Flood control programsREMINDERor projects such as decloggingof canals or desiltingof rivers; andPrioritize funding or resource allocation todevolved projects, services and facilities! Other environmentalparticularly those that affect health,agriculture, social welfare andmanagement programsenvironmental concerns [DILG MC No. or projects that promote95-14, s. 1995]air and water quality, aswell as productivity ofcoastal or freshwaterhabitat agricultural land and forest land [Section 287, LGCand DILG and DBM Joint Memorandum Circular No. 1, s.2005]! Require each head of office or department to prepareand submit an estimate of appropriations for the ensuingcalendar year on or before the 15 th of July of every year[Section 455 (b)(3) (i), LGC]! Cause the preparation and submission of the ExecutiveBudget to the Sangguniang Panlungsod not later than the16 th day of October of the current fiscal year [Section 318,LGC]! Cause the preparation of the Annual ProcurementProgram for the ensuing fiscal year on or before the 15 thday of July of each year [Section 373, LGC]26

ON FINANCIAL ACCOUNTABILITY! Cause the provision of efficient and effective property andsupply management in the city and protect the funds,credits, rights and other city properties [Section 455 (b) (3)(viii), LGC]! Direct the City Accountant andNOTEBarangay Treasurers to submitmonthly accounts to the City AuditorA City Finance[DILG MC No. 96-161, s. 1996]Committee is to beorganized, or re-organized,in the local government ! Cause the appointment of a[Section 316, LGC]bookkeeper for every 15 barangayssubject to the approval of theSangguniang Panlungsod and availability of funds [DILGMC No. 96-161, s. 1996]Monitor compliance of the City Government and componentbarangays concerning financial transactions:! Direct the City Accountant and Barangay Officials on thesubmission of the Monthly Financial Statements to theSangguniang Panlungsod 30 days after the close of eachmonth, and the Year-end Statement of Accounts, 60 daysafter the 31 st of December [DILG MC No. 96-161, s. 1996];! Direct the conduct of annual physical inventory ofproperties and equipment in all barangays every year-endand the submission of reports to the City Auditor;27

! Direct the submission of Monthly Bank ReconciliationStatement by the City Accountant on Barangay DepositoryAccount to the City Auditor for verification and review;! Direct the posting of itemized revenues and expendituresby the Punong Barangays or Barangay Treasurers within 30days after the end of each year in at least threeconspicuous places in the barangay as provided bySection 352 of the LG Code; and! Cause legal actions against barangay officials who misusebarangay funds or properties [DILG MC No. 96-161, s. 1996]! Before entering into a contract, exert all efforts todetermine that the private contracting party is free andclear of all tax liabilities to the government [Section 2, EONo. 398, s. 2005]TIMELINES IN THE ISSUANCE OF ENDORSEMENT" Consultation with NGOs, POs and other concerned sectors of thecommunity – not more than 1 week upon hearing other merits of the projectproposal from the proponent, and upon evaluation that such is supportive ofthe development agenda of the LGU;" Enactment of the requisite Sanggunian Resolution – not more than 2weeks upon receipt of the results of the consultation accepting or endorsingthe proposed project; and" Preparation, approval and release of the endorsement – not more thanone (1) day upon receipt of the Sanggunian [DILG MC No. 03-58, s. 2003]28

! Strictly adhere to the government policy on austerity andeconomy measures [DILG MC No. 2000-13, s. 2000; AO No.339, NBC No. 446-A]ON CUSTOMER SERVICECause the implementation of the Anti Red-Tape Program forLocal Governments, now called Simplification of CivilApplication Systems, focusing on the Simplification of InternalRegulatory Systems, by:! Simplifying and rationalizing local rules and procedureconcerning the processing of business, permits, buildingpermits, certificates of occupancy and such otherapplication areas as civil registry and real propertydocuments;! Working for the eventual computerization of internalregulatory systems, as in the case of manual-based rulesand procedure;! Displaying step-by-step application procedure in the form offlowcharts in publicly accessible and conspicuous placeswithin the city hall premises; and! Developing primers or flyers on the simplified rules andprocedure, for distribution to the general public [DILG MCNo. 01-120, s. 2001; DILG MC No. 04-50, s. 2004; DILG MC No.04-65, s. 2004]29

! Cause the organization of One-Stop-Shop or One-StopProcessing Center [DILG MC No. 01-120, s. 2001]ONE-STOP-SHOPS SHOULD BE ABLE TO:1. Facilitate the processing and issuance of business permits, building permits,certificates of occupancy and civil registry and real property documents;2. Act on problems relative to the delivery of basic services or to refer such problemsto competent local authorities for resolution;3. Maintain a record of permits and other documents acted upon; and4. Recommend measures to the City Mayor improving the workings of the One-Stop Shop.! Cause the operation of the One-Stop Shop beyond theusual office hours to extend up to 9:00 in the evening, asmay be necessary, within the months of January throughMarch [DILG MC No. 03-10, s. 2003]! Cause the installation of a Customer Complaint Desk [DILGMC No. 01-120, s. 2001]THE CUSTOMER COMPLAINT DESK SHOULD:1. Act on red-tape related queries or complaints that are within its authority andcompetence to address;2. Refer to the City Mayor all red-tape related complaints against any localgovernment personnel, for appropriate action;3. Maintain a database on queries or complaints and actions taken; and4. Provide a regular update to the City Mayor on customer feedback relative to theimplementation of the internal regulatory system and One-Stop Shop.30

Cause the prompt issuance of the following:! Barangay clearance and city permit or license inaccordance with the LG Code and its implementing rulesand regulations [DILG MC No. 02-11, s. 2002]; and! Locational clearance for proposed ecozones, providedthat the application for such clearance is consistent withthe approved Land Use Plan and Zoning Ordinance of thecity [DILG MC No. 97-220, s. 1997]! Require the submission of a Certificate of SSS coverageprior to issuance of any annual business license or permit[DILG MC No. 2000-164, s. 2000; Section 24 (g), SocialSecurity Act of 1997]REMINDER FOR CITY MAYORSIN THE NATIONAL CAPITAL REGIONRequire business or commercial establishments to present Certificates of EmployerRegistration for newly-registered employers or contractors or a Certificate of PAG-IBIG Active Membership for actively paying and remitting employers or contractorsissued by the PAG-IBIG Fund, prior to the issuance or renewal of businesspermits [DILG MC No. 04-29, s. 2004]31

! Require the employers of business establishments topermanently display their SSS Certificates of Registrationbeside their licenses or permits and provide the SSS with anannual list of business establishments which have notrenewed their business license or permit [DILG MC No. 96-181, s. 1996]Regarding the Issuance of Business Permits:! Refrain from issuing a business permit or license to any pestcontrol operator, pesticide dealer or distributor, as well asindividuals or entities who would like to engage in similarbusiness enterprise, unless duly registered with the FPA, orcovered by a numbered provisional permit issued by thesaid Authority [DILG MC No. 95-147, s. 1995];! Direct the City Engineer to issue a building permit only to ahospital project with a Permit to Construct Certificateissued by the DOH [DILG MC No. 96-26, s. 1996]; and! For a city within an airport zone, refrain from issuing abuilding permit unless a permit is first secured from the AirTransportation Office [DILG MC No. 2000-118, s. 2000]! Enforce a 30-day time standard prescribed under EO 258for the issuance of a development permit for a housingproject, consistent with the CLUP and investment programof the city [DILG MC No. 2000-136, s. 2000]32

! Require any contractor for a development permit issuedby the HLURB, prior to the issuance of a building permit fora condominium project [EO No. 71 s. 93 and DILG MC No.97-106, s. 1997]! Require the owner of an illegally constructed house,building or other structure to obtain the necessary permit,or to make the necessary change in the construction ofthe same when said construction violates any law orordinance, or to order the demolition or removal of saidhouse, building or structure within the period prescribed bylaw or ordinance [Section 455 (b) (3) (vi), LGC]ON HUMAN RESOURCE MANAGEMENTAND DEVELOPMENT! See to it that all city officials and employees faithfullydischarge their mandated duties and functions [Section455 (b) (1) (x), LGC]! Act on leave applications of appointive officials andemployees and the commutation of the monetary valueof their leave credits [Section 455 (b) (1) (xiv), LGC]! Authorize official trips of city officials and employeesoutside of the city for a period not exceeding 30 days[Section 455 (b) (1) (xv), LGC]33

! Determine the time, manner and place of payment ofsalaries or wages of the officials and employees,according to law or ordinance [Section 455 (b) (1) (viii),LGC]! Authorize payment for medical care, necessarytransportation, subsistence, hospital or medical fees of cityofficials and employees who are injured while in theperformance of their official duties and functions, subjectto the availability of funds [Section 455 (b) (1) (xvii), LGC]! Initiate the formulation and implementation of a CityHuman Resource and Development Program[DILG MC No. 96-171, s. 1996; PD No. 284]! Allocate and assign office space to officials andemployees [Section 455 (b) (1) (ix), LGC]! Ensure that occupational, health and safety, sanitationand environmental conditions in the workplace of localgovernment workers are made available and areadequately maintained by having regular annual mental,physical or medical check-up, clean and adequatecomfort rooms, potable water, safe building or officefacilities and safety measures against fire and otherhazards [DILG MC No. 98-54, s. 1998]! Cause the review of job descriptions of midwives; fill up allmidwife positions that were vacated; and create or retainthe items of midwife in the plantilla [DILG MC No. 03-89, s.2003]34

REMINDERS REGARDING BARANGAY OFFICIALS" Encourage them to enroll, together with their personnel and volunteers, withthe PhilHealth program during their tenure, to be paid out of barangay funds.[DILG MC No. 02-66, s. 2002]" Encourage them to register as members of the Pag-IBIG Fund. [DILG MC No.06-178, s. 2006]LOCAL SOCIAL GOVERNANCECause the provision of the following basic services andfacilities [Section 17, LGC]:1. Social welfare services which include programs andprojects on:! Child and youth welfare, family and community welfare,women’s welfare, welfare of the elderly, and disabledpersons;! Community-based rehabilitation programs for vagrants,beggars, street children, scavengers, juvenile delinquents,and victims of drug abuse;! Livelihood and other pro-poor projects;! Nutrition services; and! Family planning services.35

2. Infrastructure facilities to serve the needs of the residents ofthe city and which are funded out of city funds including butnot limited to:! School buildings and other facilities for public elementaryand secondary school;! Clinics, health centers and other health facilities necessaryto carry-out health services;! Artesian wells, spring development, rain water collectorsand water supply systems;! Traffic signals and road signs;! Public cemetery;! Tourism facilities and other tourist attractions, includingacquisition of equipment, regulation and supervision ofbusiness concessions, and security services for suchfacilities;! Communication and transportation facilities;! Sites for police and fire stations and substations and cityjail; and! City buildings, cultural centers, public parks includingfreedom parks, playgrounds and sports facilities andequipment and other similar facilities.! Ensure that appropriations for social welfare services areoptimally utilized and supportive of the poverty alleviationthrust of the government [DILG MC No. 02-19, s. 2002]36

! Encourage full participation of the constituents to ensurethe success of Commission on Filipinos Overseas-sponsoredactivities [DILG MC No. 01-67, s. 2001]! Solemnize marriages, any provision of law to the contrarynotwithstanding [Section 455 (b) (1) (xviii), LGC]! Beyond the customary activities of wreath-laying, flagraising,parades, and the like, celebrate PhilippineIndependence Day by embarking into activities thataddress the concerns of the poor such as medical missions,job fairs, and other special programs or activities ingovernment cultural facilities [DILG MC No. 99-87, s. 1999]! Enjoin constituents to actively participate in sportsactivities [Section 455 (b) (1) (xix), LGC; DILG MC No. 98-26,s. 1998]! Strictly enforce the law or ordinance which prohibit theselling of obscene and pornographic materials,publications, pictures, literatures and other similar articles,including the exhibition or giving away of indecent,immoral or obscene plays, scenes, acts or shows, whetherlive or in film [DILG MC No. 99-213, s. 1999; Article 201 ofthe Revised Penal Code]! Cause the apprehension of any violator of such law orordinance and effect the confiscation of obscene pictures,materials, articles, publications, literatures and othermaterials [DILG MC No. 99-213, s. 1999; Article 201 of theRevised Penal Code]! Exert efforts to dispel the public perception that illegalgambling thrives because local and police officials eithertolerate or connive with gambling lords, by being37

unrelenting in the campaign against jueteng and otherforms of illegal gambling [DILG MC No. 02-105, s. 2005;DILG MC No. 01-161, s. 2001]! Ensure the efficient and effective implementation andadministration of Katarungang Pambarangay [Section421, LGC]! Cause the implementation of a program or service infavor of children in conflict with the law [DILG MC No. 06-104, s. 2006]Strengthen efforts against human trafficking through thefollowing strategies:! Enactment, and enforcement, of city ordinance againsthuman trafficking; and! Conduct of information dissemination campaign [DILGMC No. 05-26, s. 2005; DILG MC No. 06-172, s. 2006]! Enforce the Anti-Sexual Harassment Act of 1995 [DILG MCNo. 01-37, s. 2001]ON SENIOR CITIZENS, WOMENAND CHILDRENOrganize, or reorganize, the following:! Local Council for Women [DILG MC No. 01-163, s. 2001];and! City Council for the Protection of Children [DILG MC No.02-121, 2002]38

! Strongly support the campaign and advocacy for theelimination of child labor [DILG MC No. 98-81, s. 1998]! Enforce the Anti-Violence Against Women and TheirChildren Act of 2004 [DILG MC No. 04-118, s. 2004]! Strengthen the operations of Local Council of Women[DILG MC No. 02-167, s. 2002; DILG MC No. 06-125, s. 2006]! Establish and allocate funds for senior citizens and daycare centers [DILG MC No. 98-102, s. 1998]! Establish, or strengthen, the Office for Senior Citizens Affairs[DILG MC No. 05-63, s. 2005]! Cause the enactment, and enforcement, of an ordinanceagainst the commercial and sexual exploitation ofchildren [DILG MC No. 99-164, s. 1999]! Cause the conduct of free registration of all indigentchildren [DILG MC No. 2006-86, s. 2006]Implement the Early Childhood Care Development (ECCD)program by:! Supporting the organization of parent cooperatives toinitiate the establishment of ECCD program;! Ensuring that service providers of public ECCD program inthe city are justly compensated, that adequate funds aremade available, and that their working conditions areconducive to fulfill national quality standards;! Providing counterpart for training and continuingeducation of ECCD service providers, and supporting theoperations of city ECCD Coordinating Committee [DILGMC No. 01-02, s. 2001]; and39

! Complying with the new set of standards in theaccreditation of center-based ECCD Programs andService Providers [DILG MC No. 06-91, s. 2006]SUGGESTED ACTIVITIES IN THE OBSERVANCEOF THE NATIONAL CHILDREN’S MONTH" Conducting symposia, meetings or similar activities about current issues andconcerns of Filipino child;" Child-friendly activities such as parades, children’s march, caravans, fieldtrips, photo exhibits, art contests, kiddy fairs and the like; and" Sponsoring free mobile services such as medical, dental, food and nutritionservices in favor of the less fortunate children and their families [DILG MC No.99-217, s. 1999]ON HEALTH AND NUTRITIONCause the provision of the following basic health serviceswhich include the implementation of programs and projectson the following [Section 17, LGC]:! Primary health care, maternal and child care,communicable and non-communicable disease controlservices;! Access to secondary and tertiary health services; and! Purchase of medicines, medical supplies, and equipment.40

Support the promotion of food safety by:! Causing the enactment of a local legislative measure topromote food safety, if none has been passed thus far, orto review an existing ordinance on the matter to ensure itsrelevance in the overall efforts to address food poisoningand other food-borne diseases, and the enforcement ofthe said measure;! Adopting a city Declaration of Commitment to foodsafety [DILG MC No. 99-194, s. 1999]; and! Conducting appropriate and fitting activities, e.g., visits topublic markets and other food handling facilities tounderscore the imperatives of ensuring food safety [DILGMC No. 99-194, s. 1999]Support the Polio-Free Maintenance Immunization Campaign:! Direct the City Health Office to oversee the vaccinationactivities in the city and coordinate all efforts with theDOH Field Office;! Establish “patak centers” in the area and sendparamedical personnel to participate in the door- to-doorimmunization activities when necessary; and! Disseminate information on all sectors in the city to haveall children below five years old receive oral anti-poliovaccine either at their homes or at nearest “patakcenters” in their community [DILG MC No. 02-14, s. 2002]41

Regarding smoking:! Implement a Youth Smoking Prevention Program, inpartnership with socio-civic organizations, to ensure thesuccess of the Youth Smoking Prevention Campaign of thegovernment [DILG MC No. 04-86, s. 2004 and DILG MCNo. 02-97, s. 2002];! Coordinate with law enforcement agencies concerned intaking necessary steps to ensure the implementation ofRepublic Act No. 9211, otherwise known as the TobaccoRegulatory Act of 2003 [DILG MC No. 04-86, s. 2004];! Cause the immediate enactment, and enforcement, of anordinance prohibiting the selling of cigarettes and othertobacco products to persons below 18 years of age, andimplement youth smoking prevention program, inpartnership with socio-civic organizations, to ensure thesuccess of the anti-youth smoking campaign of thegovernment [DILG MC No. 02-71, s. 2002]; and! Support the implementation of the comprehensive andunified policy for tuberculosis control in the Philippines andtap or solicit the assistance of the private sector involvedin health care services [DILG MC No. 03-93, s. 2003]Extend full support and participation to the Voluntary BloodDonation Program by:! Providing funds as may be necessary and appropriate[DILG MC No. 96-66, s. 1996]; and! Integrating the Voluntary Blood Donation Services in theCity Work and Financial Plan and including the same as42

an additional function of the City Health Board [DILG MCNo. 99-133, s. 1999; DILG MC No. 99-66, s. 1999]Other Health and Nutrition Services:! Initiate the creation of a city physical fitness and sportsdevelopment council in support of the national policy ofSports For All [DILG MC No. 96-97, s. 1996; EO Nos. 63 and64];! Establish and operate a Special Drug Education Center forout-of-school youth and street children [DILG MC No. 06-150, s. 2006];! Strictly enforce the provision of the Code on Sanitationand other related laws and ordinances in order to preventand obviate possible outbreak of water and food-bornediseases and safeguard the health and safety of the publicparticularly the students and personnel of various schools[DILG MC No. 97-105, s. 1997; MC No. 99-44, s. 1999; PD856];! Implement measures to further improve the system ofdengue case management and services [DILG MC No. 05-86, s. 2005; DILG MC No. 05-74, s. 2005];! Cause the enactment of a city ordinance, or amend orsupplement such ordinance already in existence, insupport of the intent and provisions of Republic Act No.8050, otherwise known as the Revised Optometry Law of1995 [DILG MC No. 04-148, s. 2004];! Ensure that government ambulances are not used for anypurpose other than the transport of patients [DILG MCNo. 2000-114, s. 2000]; and43

! Prohibit the featuring of events or scenes in all shows orcarnivals that degrade persons with disabilities [DILG MCNo. 98-74, s. 1998]ON EDUCATION! Coordinate and work closely with the Bureau of Non-Formal Education of the Department of Education, theDepartments of Budget and Management, Social WelfareDevelopment, and Interior and Local Government, andother government agencies and non-governmentorganizations in the city in the development andimplementation of literacy and non-formal education[DILG MC No. 2000-120, s. 2000]! Include the Eradication of Illiteracy as one of the prioritiesin the city development plan, provide funds andimplement the same [DILG MC No. 2000-120, s. 2000]! Ensure the participation of NGOs and the community inthe eradication of illiteracy [DILG MC No. 2000-94, s. 2000]! Provide the necessary school site requirement of at leastone-half hectare land area, as may be necessary [DILGMC No. 01-167, s. 2001]ON HOUSING AND BASIC UTILITIES! Provide technical, financial and other possible forms ofsupport or assistance to Punong Barangays within the cityto ensure that the problem of squatting is properlyaddressed [DILG MC No. 98-202, s. 1998]44

! Cause the submission of an updated report on landsidentified for socialized housing and resettlement areas[DILG MC No. 01-21, s. 2001]! Cause the maintenance of the operational autonomy oflocal water districts [DILG MC No. 05-21, s. 2005]ON PEACE, SECURITY ANDDISASTER RISK MANAGEMENTUndertake the following measures to maintain peace andorder in the city:! Act as the deputized representative of the National PoliceCommission, and formulate and implement the peaceand order plan of the city [Section 455 (b) (2) (v), LGC];! Strengthen citizens’ support and participation in themaintenance of peace and order; and! Enforce security measures to counter terrorist threats andother forms of lawless violence [DILG MC No. 03-80, s.2003]Support internal security operations against insurgency andother serious threats to national security:! Deputize the barangay tanods as force multipliers in theimplementation of the peace and order plan in the city;! Include in the Integrated Area/Community Public SafetyPlan of the city a priority program of action or thrusts in45

esolving insurgency and other serious threats to nationalsecurity; and! Appropriate funds in support of peace and order efforts[EO No. 546, s. 2006]Intensify actions against illegal drugs by:! Organizing and strengthening the City Anti-Drug AbuseCouncil;! Ensuring that pushers are brought to justice;! Serving as a focal point for various organizations andindividuals to work together in the planning,implementation and evaluation of illegal drug preventionactivities; and! Providing for a mechanism to obtain funds, volunteers,facilities and technical expertise[Presidential Memorandum dated 01 August 2000; DILGMC No. 01-90, s. 2001; DILG MC No. 2000-98, s. 2000; DILGMC No. 98-227, s. 1998; DILG MC No. 97-35, 2007]Undertake disaster preparedness, mitigation and preventionmeasures to minimize the adverse impact of natural disasters:! Cause the periodic updating of the city disaster riskmanagement plan; and! Cause the passage of an ordinance in support of disasterrisk management [DILG MC No. 98-94, s. 1998]! Take the lead in the carrying out emergency measuresduring and in the aftermath of man-made and naturaldisasters and calamities [Section 455 (b) (1) (vii), LGC]46

“MUSTS” IN THE CITY DISASTER PREPAREDNESS PLANWarning and communication systems; !Early evacuation from high-risk areas; !Rescue and emergency operations; !Distribution of relief goods and services; !Reporting of situations and actions taken; !Post-calamity clean-up; !Medical assistance; !Rehabilitation of agricultural and livelihood programs; !Housing assistance; !Burial assistance; and !Loan assistance. [DILG MC No. 98-94, s. 1998] !! Initiate the organization of in-house and communityvolunteer fire brigades to include the conduct of fire drills,periodic evaluation and inspection of fire fightingequipment and electrical installations and proper disposalof fire hazard materials [DILG MC No. 96-73, s. 1996]Prepare for the occurrence of natural disasters by:! Creating, or activating, the Public Safety and EmergencyOffice;! Establishing support mechanism composed of nongovernmentalorganizations, volunteer groups oremergency responders, and community organizations;47

! Formulating a preparedness plan to include routes,protocols and Standard Operating Procedure forevacuation;! Ensuring the functionality of the Local DisasterCoordinating Council and the early warning system;! Identifying areas for evacuation centers and possibleresettlement areas for affected people; and! Undertaking damage and needs assessment, and takingdecisive and immediate action on areas that demandaction [DILG MC No. 06-20, s. 1996]PUBLIC SAFETY CONCERNS! Strictly enforce the pertinent provisions of the NationalBuilding Code, and see to it that no advertising billboard,signage or display media is constructed in the city that:- Endangers the safety of a person or property, or harmsthe public interest;- Hinders public order or violates sound social morals;- Contains information which suggests obscenity,indecency, or violence, both in textual and graphicalforms;- Conveys vague and double-ended messages to thepublic;- Contains messages that mislead or deceiveconsumers;- Carries racially, sexually or ethnically abusive, offensiveor objectionable content, or promotes socialdiscrimination and prejudice against gender, beliefsand convictions;48

- Obstructs the public view on natural scenery andhinders the enjoyment thereof; and- Detracts from the picturesque view of scenery due tolack of coordination with its environmentalsurroundings by way of colors and tones used,structure, size and location [DILG MC No. 04-158, s.2004]Ensure the safety of residents and prevent freak accidents fromoccurring on a construction project:! Require the contractor to take full responsibility for theproper safekeeping of construction materials andequipment used for the entire duration of the constructionproject and to assume liability for any untoward accidentthat may result from failure to observe the necessaryprecautionary measures, which shall be stipulated in thecontract between the city government and thecontractor;! Require the contractor to clear all construction debrisaway from the areas that may be possibly tripped on byany passerby; and! Provide visible marks or signs on accident-prone areassuch as open canals, manholes and the like, lightingfacilities in a construction site, and other precautionarymeasures [DILG MC No. 95-87, s. 1995]! Ensure the strict enforcement of the Firecrackers andPyrotechnic Devices Regulatory Law [DILG MC No. 02-188,s. 2002]49

! Ensure public safety, and peace and order during anypublic assembly or rally in a designated freedom park[DILG MC No. 06-42, s. 2006; DILG MC. No. 06-79, s. 1996]! Demolish illegal structures along a river or estuary whichimpedes normal water flow [DILG MC No. 02-64, s. 2002]! Employ safety measures in all gasoline stations [DILG MCNo. 06-66, s. 2006]LOCAL ECONOMIC GOVERNANCEON AGRICULTURE AND FISHERIES DEVELOPMENTCause the provision of the following extension and on-siteresearch services and facilities related to agriculture andfishery activities which include:! Dispersal of livestock and poultry, fingerlings, and otherseeding materials for aquaculture;! Palay, corn and vegetable seed farm;! Medicinal plant garden;! Fruit tree, coconut, and other kinds of seedling nursery;! Demonstration farm;! Quality control of copra and improvement anddevelopment of local distribution channels preferablythrough a cooperative; and! Inter-barangay irrigation system [Section 17, LGC]50

! Cause the inclusion in the Comprehensive DevelopmentPlan and in the appropriate annual implementation planof a program or project relative to the development andthe management of fisheries and other aquatic resources,if any [DILG MC No. 98-68, s. 1998; DILG MC No. 01-131, s.2001]! Organize, or reorganize, the Fisheries and AquaticResources Management Council, if necessary [DILG MCNo. 99-142, s. 1999]! Organize, or activate, an Agri-Credit Desk, and designatea senior staff as Agri-Credit Information Officer [DILG MCNo. 97-262, s. 199 ]! Cause the inclusion in the Comprehensive DevelopmentPlan and in the appropriate annual implementation planof a program or project in support of the integratedseaweed industry, if any, and to extend preferentialtreatment to a seaweed farming cooperative, if any, inthe granting of a permit to operate within city waters[DILG MC No. 98-68, s. 1998]! Cause the inventory post harvest facilities and theinclusion of agricultural mechanization in theComprehensive Development Plan and in the appropriateannual implementation plan [DILG MC No. 01-20, s. 2001]ON ENTREPRENEURSHIP, BUSINESSAND INDUSTRY PROMOTIONCause the provision of the following infrastructure facilities, asappropriate, to serve the needs of the residents of the city and51

which are funded out of city funds including but not limitedto:! City road(s) and bridge(s);! Communal irrigation and small water impoundingproject(s);! Fish port(s); and! Public market(s), slaughterhouse(s) and other cityenterprise(s) [Section 17, LGC]Organize, or reorganize, the following:! Local Price Coordinating Council [DILG MC No. 98-81, s.1998; DILG MC No. 04-75, s. 2004; DILG MC No. 05-130, s.2005]; and! City Small and Medium Enterprise Development Council[DILG MC No. 02-107, s. 2002]! Enable the environment that will promote thedevelopment of small and medium enterprises in the city[DILG MC No. 96-13, s. 1996; DILG MC No. 97-47, s. 1997]! Strictly enforce the Consumer Act of the Philippines [DILGMC No. 92-47, s. 1997; RA Nos. 7160 and 7394; Art. 62 of theConsumer Act of the Philippines]Protect the consumers’ welfare by:! Intensifying price monitoring and enforcing the Price TagLaw ;! Putting in place Timbangan ng Bayan and enforcing52

compliance to weighing scale;! Setting up and updating regularly of price billboardsinstalled in wet market(s) [DILG MC No. 06-58, s. 2006;DILG MC No. 98-81, s. 1998; DILG MC No. 05-130, s. 2005]! Provide necessary support and assistance to a PublicMarket Vendors’ Cooperative, if any, in the city [DILG MCNo. 02-69, s. 2002]! Strictly implement control measures in theslaughterhouse(s) [DILG MC No. 03-52, s. 2003]! Initiate measures to ensure that the willing, able andunemployed residents of the city are hired in public worksprojects, either locally, nationally or foreign-funded [DILGMC No. 2000-167, s. 2000; RA No. 6685]REMINDERS REGARDING FISHING VESSELS" Cause the enactment, or enforcement, of an ordinance prescribing theprocedure for registration of fishing vessels of three gross tonnage andbelow; and" Cause the periodic updating of records on fishing vessels of three grosstonnages and below and the submission of the list of city-registered vessels tothe MARINA Central Office or MARINA Regional Offices, the PCG Station orDetachment and DA-BFAR. [EO No. 305, s. 2004]53

Enact or amend a tricycle franchise and regulatory ordinancein consideration of the following:! Physical Requirements – no tricycle shall be issued afranchise unless applicable physical requirements arecomplied with and certified by duly authorized authority;! Fares – should be established at a level that provide theoperator a reasonable return of profit, and affordable tothe general public;! Load or Capacity Limit – no tricycle should be allowed tocarry more passengers and goods than what it is designedfor;! For safety reasons, no tricycle should operate on nationalhighways;! Zones must be established within the city; and! A common color may be imposed on tricycles operating inthe same zone [DILG MC No. 07-01, s. 2007]! Coordinate with the Department of Energy on theconduct of periodic inspection of gasoline stations todetermine whether said establishments are complying withthe provisions of Downstream Oil Industry Deregulation Actof 1998 (RA 8479) and its Implementing Rules andRegulations. [DILG MC No. 04-113, s. 2004 social]54

PHYSICAL REQUIREMENTS FOR TRICYCLES1. Clean windshield2. Garbage receptacle3. Functional horn that does not emit exceptionally loud or startling sound4. Functional two signal lights, front and back for turning right or left or foremergency purposes5. Functional tail light, including license plate light6. Top chain extending to the rear wheel7. Functional white head light in front and functional red tail light at the rear,visible at least 50 meters from the front and rear of the tricycle and functioningunder all weather conditions8. Functional light installed inside the sidecar and kept lighted while plying adesignated route9. Functional anti-noise equipment10. Sticker containing the body number of the vehicle and placed prominently andidentifiable from a distance11. Fully-operational mufflers12. Roadworthiness of the tricycle unit.55

LOCAL ENVIRONMENTAL GOVERNANCEON NATURAL RESOURCES MANAGEMENTAdopt adequate measures to safeguard and conserve land,mineral, marine, forest and other natural resources of the citythrough the following measures:! Implement a water and soil resource utilization andconservation project(s);! Provide seawall(s), dike(s), drainage and sewerage, andflood control facility(ies), as appropriate;! Enforce fishery laws in city waters, including theconservation of mangroves, as appropriate;! Implement a community-based forestry project(s), whichinclude an integrated social forestry program(s) and asimilar project(s), management and control of acommunal forest(s), establishment of a tree park(s),greenbelt(s), and a similar forest development project(s);and! Establish a solid waste disposal system or environmentalmanagement system and services or facilities related togeneral hygiene and sanitation [Section 17 and Section455 (b) (3) (vii), LGC]Initiate an environmental management project(s) through:! Coordination and collaboration with concerned nationalgovernment agencies for technical assistance; and56

! Establishment of working arrangements with privateinstitutions with proven track records in local capabilitybuildingand environmental management initiatives [DILGMC No. 97-267, s. 1997]Implement existing policies, rules and regulations concerningforest management:! In coordination with the DENR, monitor the state of forests,report logging activities, arrest illegal loggers and fileappropriate charges against the perpetrators;! Take the lead in reforestation activities;! Strictly enforce the provisions of Joint DENR-DILGMemorandum Circular No. 98-01, which embodies themanual of procedure of DENR-DILG-LGU partnership ondevolved and other forest management functions,strengthening and institutionalizing the DENR-DILG-LGUpartnership on devolved and other forest managementfunctions and the mandates of the Local GovernmentCode [DILG MC No. 04-166, s. 2004]! Actively support Anti-Illegal Logging Campaign byensuring that any business permit applicant, using woodas a raw material, has a certification from the DENR thatsaid materials came from legal sources [DILG MC No. 98-203, s. 1998]! Assist in the enforcement of the National IntegratedProtected Areas System Act of 1992, and the WildlifeResources Conservation and Protection Act [DILG MC No.04-44, s. 2004]57

! Ensure that the Sangguniang Kabataan in every barangayallocates 10% of their annual budget in support of theGreen Brigade [DILG MC No. 2000-94, s. 2000; EO No. 52, s.1998] ; and! Prior to the issuance of a Tax Declaration, require aCertification from the Directors of the FMB and the LMB, ortheir duly authorized representatives, that the areadeclared for taxation purposes is alienable and disposable[DILG MC No. 99-165, s. 1999; PD No. 705]Undertake the following:! Adoption of measures to prevent overcrowding andcongestion in city waters, fish ponds, and fish pens, whichmay result to fish kills, when awarding a permit for theconstruction of a fish pen or of a sea cage; and! Cause the enactment, or enforcement, of an ordinance insupport of Code of Practice for Aquaculture, asappropriate [DILG MC No. 02-64, s. 2002]ON WASTE MANAGEMENT, POLLUTION CONTROLAND URBAN LAND QUALITY! Organize, or reorganize, the City Solid WasteManagement Board [DILG MC No. 01-19, s. 2001; DILG MCNo. 01-38, s. 2001]Implement the Zero-Waste Management Technology through:! Total recycling such as conversion of wastes into factory-58

eturnable goods, fertilizers, feeds, fuel, fine crafts andfilling materials;! Adoption of methodologies in recycling wastes such assorting, segregation at source, proper waste packagingand ecologically-sound disposal system; and! Information campaign on the benefits derived from theadoption of the technology [DILG MC No. 2000-117, s.2000]! Establish an incentive system for barangays which performwell in managing solid waste [DILG MC No. 01-38, s. 2001]! Refrain from issuing any kind of permit to pest controloperator, pesticide dealer or distributor, as well as,individuals or entities who would like to engage in similarbusiness enterprise, unless duly registered with the FPA, orcovered by a numbered provisional permit issued by thesaid authority [DILG MC No. 95-147, s. 1995]Cause the enactment of an ordinance on:! The implementation of comprehensive solid wastemanagement system highlighting waste segregation andstorage, waste processing and resource recovery,collection, transportation, and disposal of solid waste[DILG MC No. 98-119, s. 1998]; and! Smoking inside public buildings or enclosed public placesincluding public vehicles and other means of transport orin any enclosed area outside of one’s private residence,private place of work or any duly designated smokingarea [DILG MC No. 02-27, s. 2002]59

3 OFFICER-IN-CHARGEOIC-MAYOR as distinguished from ACTING MAYORActing Mayor is governed by Section 46 (a) of the LocalGovernment Code, while OIC Mayor is governed by section 46(c) of the same Code.When the City Mayor is temporarily incapacitated to perform hisduties for physical or legal reasons, such as but not limited to,leave of absence, travel abroad and suspension from office,the City Vice-Mayor shall automatically exercise the powers andperform the duties and functions of the Local Chief Executiveconcerned, except the power to appoint, suspend, or dismissemployees which can only be exercised if the period of temporaryincapacity exceed thirty (30) working days.In this case, the automatic assumption by the Vice-Mayor, evenon the first day of incapacity of the City Mayor, is automaticand as such, he is properly defined as Acting City Mayor. AsActing City Mayor, he can perform all the functions, power andduties of the City Mayor except the limitations provided for incases of appointment, suspension or dismissal of employees.On the other hand, Section 46 (c) of the Code provides thatwhen the City Mayor is travelling within the country but outsidehis territorial jurisdiction for a period of not exceeding three (3)60

consecutive days, he may designate in full writing the OIC. Suchauthorization shall specify the powers and functions that thelocal official concerned shall exercise in the absence of the localchief executive, except the power to appoint, suspend or dismissemployees.In this case, it may be noted that the City Mayor can designateany official of the City government as OIC for three (3)consecutive days while he is outside his territorial jurisdiction butwithin the country. It should be further noted that in case ofdesignation of OIC, there is really, in contemplation of law, notemporary vacancy to speak of in the Office of the City Mayor.The City Mayor may designate the Vice-mayor or any memberof the Sanggunian or any appointive official of the City to actas OIC. But such designation cannot exceed three (3) days.Hence, on the 4 th day, if the City Mayor failed to return to hisstation, Section 46 (d) of the same Code will now apply, in whichcase, the Vice-Mayor shall assume as Acting Mayor on the 4 thday of absence of the City Mayor.Who may be authorized to act as OIC City Mayor?Per Section 46 (c) of the Local Government Code, the City Mayormay designate in writing any City official to act as OIC duringhis absence for three (3) days. The authorization shall specify thepowers and functions that the local official concerned shallexercise.61

How shall an OIC City Mayor assume his functions?With regards to OIC City Mayor, upon presentation of a validdesignation in writing, he can assume as OIC City Mayor. (Sec.26 [c], Local Government Code)With regards to Acting City Mayor, upon the occurrence of anyevent leading to the temporary incapacity of the City Mayor,either for physical or legal reasons, the City Vice-Mayorautomatically assumes as Acting Mayor. (Sec. 46 [a], LocalGovernment Code)When shall an OIC City Mayor cease to act as such?An OIC City Mayor shall stop performing his functions as such onthe 4 th day of absence of the City Mayor. This has to be sobecause his designation as OIC is effective only during the threeconsecutivedays absence of the City Mayor, who is outside hisjurisdiction but is within the country. On the 4 th day, designationof OIC ceases to exist by operation of law and the City Vice-Mayor shall now automatically assume as Acting City Mayorpursuant to Section 46 (d) of the Local Government Code.62

May the City Vice-Mayor, acting as Acting City Mayor,continue to preside over the session of the SangguniangPanlungsod?In the case of Gamboa vs. Aguirre (G.R. No. 134213, July 20,1999), the Supreme Court ruled that the Vice-Governor, who isnow acting as Acting Governor, cannot anymore continue topreside over the session as this would violate the principle ofseparation of powers and functions. The Vice-Governor, in hiscapacity as Acting Governor, is expected to perform full-timeexecutive functions which would include approval of ordinances.This pronouncement of the Supreme Court equally applies tocities and municipalities.May the City Vice-Mayor, acting as OIC, continue topreside over the session of the Sangguniang Panlungsod?The situation is different between the OIC and Acting. As earliernoted, in the acting capacity, there is temporary vacancy in theOffice of the City Mayor, while in OIC capacity there is notemporary vacancy in the Office of the City Mayor. Moreover,OICs exercise only limited powers as may be contained in theletter-authorization designating him as such. Hence, ifincidentally, the City Vice-Mayor was the one designated as OIC,he can still continue to preside over the session of theSanggunian since the ruling in the Gamboa case will not apply.63

As a mere OIC, he has no power to perform all the functionsand powers of the City Mayor and more importantly, he is nowempowered to approve ordinances. Such being the case, theviolation of separation of powers and functions, the evil soughtto be avoided in the Gamboa ruling, is not present. Since,anyway, as OIC he has no power to approve ordinancesenacted by the Sanggunian.May the City Vice-Mayor, acting as OIC, appointofficials?No, under CSC rules on appointment, an OIC cannot issue anappointment.64

AcknowledgementWe would like to extend our appreciation to the working teamthat made the completion of this publication possible—fromthe Bureau of Local Government Supervision and the LegalService of DILG, to the LGA personnel who gave time and talentto see this piece of work to print.Likewise, we recognize the various institutions particularly thelocal government leagues, the national government agencies,the academe and non-governmental organizations for theirgenerosity in sharing their recommendations and inputs so thatthe reading material would be much more understandable anduseful to ordinary citizens.The list will not be complete if the development partners,specifically the Philippine Development Forum Working Groupon Decentralization and Local Government are notacknowledgement because they are the ones who principallygave impetus to this endeavor.Without being specific, there are still others who worked to makethis publication possible. We sincerely thank them and we areconfident that they are one with us in advocating excellent localgovernance in the Philippines.67