H. No. 49 / 46 OG No. 6, 2454 (June, 1950)

[ REPUBLIC ACT NO. 429, June 07, 1950 ]

AN ACT CREATING THE POSITIONS OF VICE-MAYOR
AND ASSISTANT CITY ATTORNEY IN ORMOC CITY, AMENDING FOR THE PURPOSE CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED ONE HUNDRED AND SEVENTY-NINE.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:SECTION 1. A new section, to be known as section seven-A, is hereby inserted between sections seven and eight of Republic Act Numbered One hundred seventy-nine to read as follows:

"SEC. 7-A. The Vice-Mayor.—There shall be a Vice-Mayor who shall be appointed by the President of the Philippines, with the consent of the Commission on Appointments, and who shall hold office at the pleasure of the President. He shall act as Mayor and perform the duties and exercise the powers of the Mayor in the event of sickness, absence, or other permanent or temporary incapacity of the Mayor, and he shall, when acting as Mayor, be entitled to the salary and allowances of the Mayor."The Vice-Mayor, when not acting as Mayor, shall be ex officio member of the Municipal Board and shall receive twenty pesos for each day of attendance of the session of the board."

SEC. 2. Section eight of Republic Act Numbered One hundred and seventy-nine is hereby amended to read as follows:

"SEC. 8. The Acting Mayor.—In the event of sickness, absence, or other temporary incapacity of the Mayor and Vice-Mayor, or in the event of a vacancy in the positions of Mayor and Vice-Mayor, the City Treasurer shall perform the duties of the Mayor until said office shall be filled in accordance with law. If, for any reason, the duties of the office of the Mayor cannot be performed by the City Treasurer, said duties shall be performed by the City Engineer. In case of the incapacity of the officials mentioned above to perform the duties of the Mayor, the President shall appoint or designate one. The Acting Mayor shall have the same powers and duties as the Mayor, and, if one appointed or designated is other than a government official, he shall receive the same compensation."

SEC. 3. The first paragraph of section eleven of Republic Act Numbered One hundred seventy-nine is hereby amended to read as follows:

"SEC. 11. Constitution and organization of the Municipal Board-Compensation of members thereof.—The Municipal Board shall be the legislative body of the city and shall be composed of the Mayor, who shall be its presiding officer, the Vice-Mayor, as ex officio member, and eight councilors elected at large by popular vote during every election for provincial and municipal officials in conformity with the provisions of the Election Code. In case of sickness, absence, suspension or other temporary disability of any member of the Board, or if necessary to maintain a quorum, the President of the Philippines may appoint a temporary substitute who shall possess all the rights and perform all the duties of a member of the Board until the return to duty of the regular incumbent."If any member of the Municipal Board should be candidate for office in any election, he shall be incompetent to act with the Board in the discharge of the duties conferred upon it relative to election matters, and in such case the other members of the Board shall discharge said duties without his assistance, or they may choose some disinterested elector of the city to act with the Board in such matters in his stead."The members of the Municipal Board, who are not officers or employees of the Government receiving a fixed compensation or salary from public funds, shall receive ten pesos for each day of attendance of the session of the Board."

SEC. 4. Section fourteen of Republic Act Numbered One hundred seventy-nine is hereby amended to read as follows:

"SEC. 14. Method of transacting business by the Board-Veto-Authentication and publication of ordinances.—Unless the Secretary of the Interior orders otherwise, the Board shall hold one ordinary session for the transaction of business during each week on a day which it shall fix by resolution, and such extraordinary sessions, not exceeding thirty during any one year, as may be called by the Mayor. It shall sit with open doors, unless otherwise ordered by an affirmative vote of six members. It shall keep a record of its proceedings and determine its rules of procedure not herein set forth. Six members of the Board shall constitute a quorum for the transaction of business. But a smaller number may adjourn from day to day and may compel immediate attendance of any member absent without good cause by issuing to the police of the city an order for his arrest and production at the session under such penalties as shall have been previously prescribed by ordinance. Six affirmative votes shall be necessary for the passage of any ordinance, or of any resolution or motion directing the payment of money or creating liability, but other measures shall prevail upon the majority votes of the members present at any meeting duly called and held. The ayes and nays shall be taken and recorded upon the passage of all ordinances, upon all resolutions or motions directing the payment of money or creating liability, and at the request of any member, upon any other resolution or motion. Each approved ordinance, resolution or motion shall be sealed with the seal of the Board, signed by the presiding officer and the secretary of the Board and recorded in a book for the purpose and shall, on the day following its passage, be posted by the secretary at the main entrance to the City Hall, and shall take effect and be in force on and the tenth day following its passage unless otherwise stated in said ordinance, resolution or motion or vetoed by the Mayor as hereinafter provided. A vetoed ordinance, if repassed, shall take effect ten days after the veto is overriden by the required votes unless otherwise stated in the ordinance or again disapproved by the Mayor within said time."Each ordinance and each resolution or motion directing the payment of money or creating liability enacted or adopted by the Board shall be forwarded to the Mayor for his approval. Within ten days after the receipt of the ordinance, resolution, or motion, the Mayor shall return it with his approval or veto. If he does not return it within that time, it shall be deemed to be approved. If he returns it with his veto, his reasons therefor in writing shall accompany it. It may then be again enacted by the affirmative votes of seven members of the Board, and again forwarded to the Mayor for his approval, and if within ten days after its receipt he does not again return it with his veto, it shall be deemed to be approved. If within said time he again returns it with his veto, it shall be forwarded forthwith to the Secretary of the Interior for his approval or disapproval, which shall be final. The Mayor shall have the power to veto any particular item or items of an appropriation ordinance, or of an ordinance, resolution or motion directing the payment of money or creating liability, but the veto shall not affect the item or items of which he does not object. The item or items objected to shall not take effect except in the manner heretofore provided in this section as to ordinances, resolutions, and motions returned to the Board with his veto, but should an item or items in an appropriation ordinance be disapproved by the Mayor, the corresponding item or items in the appropriation ordinance of the previous year shall be deemed restored unless otherwise expressly directed in the veto."The Secretary of the Interior shall have full power to disapprove directly, in whole or in part, any ordinance, resolution or motion of the Municipal Board if he finds said ordinance, resolution or motion or parts thereof, beyond the powers conferred upon the Board,"

SEC. 5. The first paragraph of section nineteen of Republic Act Numbered One hundred and seventy-nine is hereby amended to read as follows:

"SEC. 19. Appointment and removal of officials and employees.—The President of the Philippines shall appoint with the consent of the Commission on Appointments of the Congress of the Philippines, the judge and auxiliary judge of the municipal court, the city treasurer, the city engineer, the city attorney, the assistant city attorney, the chief of police, the chief of the fire department, and the other heads of such city department as may be created. Except the judge and the auxiliary judge of the municipal court, said officers shall hold office at the pleasure of the President."

SEC. 6. The first paragraph of section twenty-four of Republic Act Numbered One hundred and seventy-nine is hereby amended to read as follows:

"SEC. 24. The City Attorney and Assistant City Attorney—Their power and duties.—The City Attorney shall be the chief legal adviser of the City. The City Attorney and the Assistant City Attorney shall receive a salary of not exceeding three thousand pesos and two thousand four hundred pesos, per annum, respectively. The City Attorney shall have the following powers and duties:"

SEC. 7. This Act shall take effect upon its approval.Approved, June 7, 1950.

Source: Supreme Court E-Library