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PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
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Section 1.
Sec. 2.
The sangguniang panlalawigan of each province shall be composed of the
governor as chairman and presiding officer, the vice-governor as
presiding officer pro tempore, the elective sangguniang panlalawigan
members, and the appointive members consisting of the president of the
provincial association of barangay councils, and the president of the
provincial federation of the kabataang barangay.
Each province shall have six (6) elective sangguniang panlalawigan
members: Provided, That provinces with a population of less than one
hundred thousand inhabitants as reflected in the records of the last
population census shall have four (4) elective sanggunian members: and
Provided, further, That provinces with a population of more than one
million inhabitants as reflected in the records of the last population
census shall have eight (8) elective sanggunian members.
Sec. 3.
Until cities are reclassified into highly urbanized and component
cities in accordance with the standards established in the Local
Government Code as provided for in Article XI, Sec. 4 (1) of the
Constitution, any city now existing with an annual regular income
derived from infrastructure and general funds of not less than forty
million pesos (P40,000,000.00) at the time of the approval of this Act
shall be classified as a highly urbanized city. All other cities shall
be considered components of the provinces where they are geographically
located.
The City of Baguio, because of its special functions as the summer
capital of the Philippines, shall be classified as a highly urbanized
city irrespective of its income.
The registered voters of a component city may be entitled to vote in
the election of the officials of the province of which that city is a
component, if its charter so provides. However, voters registered in a
highly urbanized city, as hereinabove defined, shall not participate
nor vote in the election of the officials of the province in which the
highly urbanized city is geographically located.
Sec. 4.
The sangguniang bayan shall be composed of the municipal mayor who
shall be the chairman and presiding officer, the municipal vice-mayor
who shall be the presiding officer pro tempore, the elective members of
the sangguniang bayan, and the members appointed by the President
(Prime Minister) consisting of the president of the municipal
association of barangay councils, the president of the kabataang
barangay municipal federation, and one representative each from the
agricultural and industrial labor sectors.
In the case of municipalities, there shall be eight (8) elective
sangguniang bayan members, while in the case of municipal districts
there shall be six (6) elective sangguniang bayan members.
Sec. 5.
Sec. 6.
Sec. 7.
In the case of the members of the sanggunian representing the
association of barangay councils and the president of the federation of
kabataang barangay, their terms of office shall be co-terminous with
their tenure as president of their respective association and
federation.
The foregoing notwithstanding, in no case shall the term of office of
the appointive members go beyond the end of the term of office of the
elective members.
Sec. 8.
In case the vice-governor, city or municipal vice-mayor, as the case
may be, likewise fails to qualify, dies, or is convicted by final
judgment of a crime involving moral turpitude, resigns, is permanently
incapacitated, or has been absent without authorization for more than
three (3) consecutive months, the elected sanggunian member who
obtained the highest number of votes will succeed within forty-eight
(48) hours from the time the vacancy occurs.
In case of temporary incapacity of the governor, city or municipal
mayor to perform his duties on account of illness or authorized absence
from his post. He shall designate an officer in charge from among the
provincial, city or municipal officials, as the case may be, except the
private secretary or the secretary of the corresponding sanggunian.
Said officer-in-charge shall exercise the powers, duties and functions
of the temporarily incapacitated or absent governor, city or municipal
mayor, except the power to preside over meetings of the sanggunian
concerned which shall devolve upon the vice-governor or the vice-mayor,
as the case may be, and the power to appoint, suspend, or dismiss
employees, or to enter into any contract for and in behalf of the
province, city or municipality, as the case may be, for a period
corresponding to the absence or illness of the incumbent or for a
period of not more than three (3) months, whichever is shorter;
Provided, however, That if the designation is necessary beyond such
period, the vice-governor or vice-mayor or in his default any member of
the sanggunian concerned shall be designated as
officer-in-charge.
If for any reason whatsoever, the governor or city mayor fails or is
unable to designate an officer-in-charge within a period of forty-eight
(48) hours due to temporary incapacity, the officer-in-charge shall be
designated by the Ministry of Local Government and Community
Development: Provided, That in the case of failure to designate by the
municipal mayor, the officer-in-charge shall be designated by the
Governor.
The designation hereinabove referred shall automatically be deemed
terminated upon the assumption of office by the incumbent following a
written notice served upon the sanggunian and the
office-in-charge.
Any designation made by a governor or mayor before the suspension from
office shall automatically terminate upon the effectivity of the order
of suspension.
Sec. 9.
Sec. 10.
Sec. 11. Since 19.07.98.
Approved: December 22,
1979.
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