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Batas Pambansa Bilang 51
AN
ACT PROVIDING FOR THE ELECTIVE OR APPOINTIVE POSITIONS IN VARIOUS LOCAL
GOVERNMENTS AND FOR OTHER PURPOSES.
chan
robles
virtual law library
BATAS
PAMBANSA BILANG 51AN
ACT PROVIDING FOR THE ELECTIVE OR APPOINTIVE POSITIONS IN VARIOUS LOCAL
GOVERNMENTS AND FOR OTHER PURPOSES.chan
robles
virtual law library
chan
robles virtual law librarySection
1. Local Elective Officials.
— There shall be in each province, city, municipality and municipal
district
such elective and appointive local officials as may be provided in this
Act.chanrobles virtual law library
Sec.
2. Provinces. — There shall
be in each provinces a governor, a vice-governor, elective members of
the
sangguniang panlalawigan, all of whom shall be elected by the qualified
voters in the province, and members of the sangguniang panlalawigan
representing
the barangays and the kabataang barangay who shall be appointed by the
President (Prime Minister).chanrobles virtual law library
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 thepresident
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.chanrobles virtual law library
Sec.
3. Cities. — There shall
be in each city such elective local officials as provided in their
respective
charters, including the city mayor, the city vice-mayor, and the
elective
members of the sangguniang panlungsod, all of whom shall be elected by
the qualified voters in the city. In addition thereto, there shall be
appointive
sangguniang panlungsod, members consisting of the president of the city
association of barangay councils, the president of the city federation
of the kabataang barangay, and one representative each from the
agricultural
and industrial labor sectors who shall be appointed by the President
(Prime
Minister) whenever, as determined by the sangguniang panlungsod, said
sectors
are of sufficient number in the city to warrant representation.chanrobles virtual law library
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, Section 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.chanrobles virtual law library
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.chanrobles virtual law library
Sec.
4. Municipalities and Municipal
Districts. — There shall be in each municipality and municipal district
a municipal mayor, a municipal vice- mayor, and elective members of the
sangguniang bayan, all of whom shall be elected by the qualified voters
in the municipality or municipal district. In addition thereto, there
shall
be appointive sangguniang bayan members consisting of the president of
the municipal association of barangay councils, the president of the
municipal
federation of the kabataang barangay, and one representative each from
the agricultural and industrial labor sectors who shall be appointed by
the President (Prime Minister) whenever, as determined by the
sangguniang
bayan, said sectors are of sufficient number in the municipality or
municipal
district to warrant representation, after consultation with
associations
and persons belonging to the sector concerned.chanrobles virtual law library
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. chanrobles virtual law library
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.chanrobles virtual law library
Sec.
5. Powers, Duties and Functions.
— The powers, duties and functions of the local elective and appointive
officials hereinabove mentioned shall be governed by the provisions of
existing laws.chanrobles virtual law library
Sec.
6. Compensation. — The
vice-governor, vice- mayor and other elective and appointive members of
the sanggunian at all levels shall be entitled to receive such
salaries,
allowances and other emoluments as may be determined by the Joint
Commission
on Local Government Personnel Administration as provided for in
Presidential
Decree No. 1136.chanrobles virtual law library
Sec.
7. Term of Office. — Unless
sooner removed for cause, all local elective officials hereinabove
mentioned
shall hold office for a term of six (6) years, which shall commence on
the first Monday of March 1980.chanrobles virtual law library
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.chanrobles virtual law library
Sec.
8. Succession to the office
of the Governor, City or Municipal Mayor. — In case of a permanent
vacancy
that arises when a governor, city or municipal mayor refuses to assume
office, fails to qualify, dies, 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 vice-governor, city vice-mayor, or municipal vice-mayor, as the
case
may be, shall assume the office.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
Any
designation made by a governor or mayor before the suspension from
office
shall automatically terminate upon the effectivity of the order of
suspension.chanrobles virtual law library
Sec.
9. Applicability. — The
provisions of this Act shall apply to existing provinces, cities,
municipalities
and municipal districts: Provided, That nothing herein shall be
understood
to amend or repeal the provisions of Presidential Decree No. 824.chanrobles virtual law library
Sec.
10. Repealing Clause. —
All other acts, decrees, executive orders or part or parts thereof
which
are inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.chanrobles virtual law library
Sec.
11. Effectivity. — This
Act shall take effect upon its approval.chanrobles virtual law library
Approved:
December 22, 1979
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