REPUBLIC ACT NO. 3461 - AN ACT TO
AMEND REPUBLIC ACT NUMBERED SIX HUNDRED AND THREE, ENTITLED "AN ACT
CREATING THE CITY OF ROXAS," BY ALTERING CERTAIN SECTIONS THEREOF AND
ADDING NEW ONES
Section 1. Section seven of Republic Act Numbered Six hundred
and three is hereby amended, to read as follows:
"Sec. 7. The Mayor. — The mayor shall be the chief
executive of the city. He shall be elected at large by the qualified
voters of the city on the date of the elections for provincial and
municipal officials in conformity with the provisions of the Revised
Election Code. No person shall be eligible for the position of mayor
unless at the time of the election he is at least twenty-five years of
age, a resident of the city for at least one year prior to his election
and is a qualified voter of the city. He shall assume office on the
first day of January following his election, and upon qualifying, shall
hold office for four years and until his successor shall have been duly
elected and qualified, unless sooner removed or suspended for cause, as
provided by law.
"He shall receive a salary of eight thousand four hundred pesos per
annum, and in addition to his salary, a non-commutable allowance of not
exceeding two thousand four hundred pesos per annum."
Sec. 2. Section eight of the same Act is hereby
amended, to read as follows:
"Sec. 8. The vice-mayor. — There shall be a
vice-mayor who shall preside over the meetings of the municipal board,
but he shall have no right to vote except in case of tie.
"The vice-mayor shall be elected in the same manner as the mayor and
shall at the time of his election possess the same qualifications as
the mayor. He shall assume office on the first day of January following
his election, and upon qualifying, shall hold office for four years and
until his successor shall have been duly elected and qualified, unless
sooner removed or suspended for cause, as provided by law. He shall
receive a compensation of six thousand pesos per annum."
Sec. 3. The following sub-section shall be added to
Section nine of the same Act:
"(o) To appoint the subordinate personnel in all
departments of the government of the City of Roxas, subject to the
provisions of the Civil Service Law, rules and regulations."
Sec. 4. The first paragraph of Section ten of the
same Act is hereby amended, to read as follows:
"Sec. 10. Secretary to the Mayor. — The mayor shall
appoint one secretary who shall hold office at the pleasure of the
mayor and who shall receive a compensation of not exceeding four
thousand two hundred pesos per annum."
Sec. 5. Section eleven of the same Act 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 vice-mayor, who shall be its presiding officer, and six
councilors, who shall be elected in the same manner as the mayor and
the vice-mayor and at the time of the election shall possess all the
qualifications of the mayor and the vice-mayor. The councilors shall
assume office on the first day of January following their election, and
upon qualifying, shall hold office for four years and until their
successors shall have been duly elected and qualified, unless sooner
removed or suspended for cause, as provided by law. 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
belonging to the political party of the regular incumbent 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 a candidate for office
in any election, he shall be disqualified 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 councilors shall each receive a salary of four thousand two
hundred pesos per annum."
Sec. 6. The first paragraph of Section thirteen of
the same Act is hereby amended, to read as follows:
"Sec. 13. Appointment, salary and duties of secretary
of board. — The board shall have a secretary who shall be appointed by
it to serve during the term of office of the members thereof. He shall
receive a compensation of not exceeding four thousand two hundred pesos
per annum."
Sec. 7. The first paragraph of Section twenty-one of
the same Act is hereby amended, to read as follows:
"Sec. 21. The city treasurer — his powers, duties and
compensation. — There shall be a city treasurer, who shall have charge
of the department of finance and shall act as chief fiscal officer and
financial adviser of the city and custodian of its funds. He shall
receive a salary of six thousand nine hundred pesos per annum. He shall
have the following general powers and duties:"
Sec. 8. The following section shall be inserted
between Section s twenty-one and twenty-two of the same Act.
"Sec. 21-A. Assistant city treasurer. — In the office
of the city treasurer, there shall be an assistant city treasurer whose
compensation shall not exceed four thousand two hundred pesos per
annum."
Sec. 9. The first paragraph of Section twenty-two of
the same Act is hereby amended, to read as follows:
"Sec. 22. The city engineer — his powers, duties and
compensation. — There shall be a city engineer, who shall be in charge
of the department of engineering and public works. He shall receive a
salary of six thousand nine hundred pesos per annum. He shall have the
following powers and duties:"
Sec. 10. The title and the first paragraph of Section twenty-four of the same Act are hereby amended, to read as follows:
"Sec. 24. The city fiscal and assistant city fiscals
— their powers, duties and compensation. — The city fiscal shall be the
chief legal adviser of the city, and in the performance and discharge
of his duties he shall be assisted by three assistant city fiscals —
one first assistant city fiscal and two second assistant city fiscals.
The city fiscal shall receive a salary of six thousand nine hundred
pesos per annum, the first assistant city fiscal shall receive a salary
of four thousand two hundred pesos per annum, and the two second
assistant city fiscals shall each receive a salary of three thousand
pesos per annum. The city fiscal shall have the following powers and
duties:"
Sec. 11. The following section shall be inserted
between Section s twenty-four and twenty-five of the same
Act:
"Sec. 24-A. Preliminary investigations in the city
fiscal's office, municipal court and Court of First Instance. — Every
person arrested shall, without unnecessary delay, be brought before the
city fiscal, the municipal court or the Court of First Instance for
preliminary investigation, release on bail or trial, as the case may
be. In cases triable in the municipal court the defendant shall not be
entitled as of right to a preliminary investigation, except to a
summary one to enable the court to fix the bail, in any case where the
prosecution announces itself ready and is ready for trial within three
days, not including Sundays, after the request for such preliminary
investigation is presented. In cases triable only in the Court of First
Instance the defendant shall not be entitled as of right to preliminary
investigation in any case where the city fiscal or any of his
assistants, after a due examination of the facts, shall have presented
an information against him in proper form. But the Court of First
Instance may make such summary investigation into the case as it may
deem necessary to enable it to fix the bail or determine whether the
offense is bailable."
Sec. 12. The first paragraph of Section twenty-five
of the same Act is hereby amended, to read as follows:
"Sec. 25. The city health officer — his salary,
powers and duties. — There shall be a city health officer who shall
have charge of the health department. He shall have a salary of six
thousand nine hundred pesos per annum. The city health officer shall
have the following general powers and duties:"
Sec. 13. The following section shall be inserted
between Section s twenty-five and twenty-six of the same Act:
"Sec. 25-A. Assistant city health officer. — In the
office of the city health officer, there shall be an assistant city
health officer who shall have a salary of not exceeding four thousand
two hundred pesos per annum."
Sec. 14. The first paragraph of Section twenty-six of
the same Act is hereby amended, to read as follows:
"Sec. 26. The chief of police — his powers, duties
and compensation. — There shall be a chief of police who shall have
charge of the police and fire department. He shall receive a salary of
six thousand three hundred pesos per annum. He shall have the following
general powers and duties:"
Sec. 15. The second paragraph of Section twenty-seven
of the same Act is hereby amended, to read as follows:
"The chief of secret service shall receive a salary of not exceeding
four thousand two hundred pesos per annum."
Sec. 16. Section twenty-nine of the same Act is
hereby amended, to read as follows:
"Sec. 29. The city treasurer as city assessor ex
officio — His additional compensation, powers and duties. — Until such
time as the municipal board passes an ordinance creating the position
of city assessor and a person qualified to hold it in accordance with
the Civil Service Law, rules and regulations shall have been appointed
to it, with a salary of six thousand three hundred pesos per annum, the
city treasurer shall act as city assessor ex officio and shall have
charge of the department of assessment with an additional compensation
of one thousand two hundred pesos per annum, to be taken from city
funds. He and his authorized deputies are empowered to administer any
oath authorized in connection with the valuation of real estate for the
assessment and collection of taxes. He shall make the list of the
taxable real estate in the city, arranging in the order of the lot and
the block numbers the names of the owners thereof, with a brief
description of the property opposite each such name and the cash value
thereof. In making this list, the city assessor ex officio shall take
into consideration any sworn statement made by the owners of the
property, but shall not be prevented thereby from considering other
evidence on the subject and exercising his own judgment in respect
thereto. For the purpose of completing this list, he and his
representatives may enter upon the real estate for the purpose of
examining and measuring it, and may summon witnesses, administer oaths
to them, and subject them to examination concerning the ownership and
the amount of real estate and its cash value. He may, if necessary,
examine the records of the office of the Register of Deeds in the
Province of Capiz showing the ownership of real estate in the city."
Sec. 17. Section seventy-five of the same Act is
hereby amended, to read as follows:
"Sec. 75. Regular and acting judges of municipal
courts. — There shall be a municipal court of the City of Roxas, to be
composed of two branches, to each of which there shall be appointed a
municipal judge.
"The municipal judges may, upon proper application to the Secretary of
Justice, be each allowed a vacation of not more than thirty days every
year with salary.
"In case of absence, incapacity or inability of any one of the
municipal judges, the Secretary of Justice shall designate the justice
of the peace of any of the adjoining municipalities to preside over
that branch of the municipal court the regular incumbent of which is
absent, incapacitated or unable to discharge his official functions,
and the justice of the peace so designated shall hold office
temporarily until the regular incumbent thereof shall have resumed
office or until another judge shall have been appointed in accordance
with the provisions of this Act. The justice of the peace so designated
shall receive his salary as justice of the peace plus fifty per cent of
the salary of the municipal judge whose office he has temporarily
assumed.
"The municipal judges shall each receive a salary of seven thousand two
hundred pesos per annum."
Sec. 18. The first paragraph of Section seventy-six
of the same Act is hereby amended, to read as follows:
"Sec. 76. Clerk and employees of the municipal court.
— There shall be a clerk of the municipal court who shall be appointed
by the municipal judge in accordance with Civil Service Law, rules and
regulations, and who shall receive a compensation to be fixed by
ordinance at not exceeding two thousand four hundred pesos per annum.
He shall keep the seal of the court and affix it to all orders,
judgments, certificates, records, and other documents issued by the
court. He shall keep a docket of the trial in the court, in which he
shall record in a summary manner the names of the parties and the
various proceedings in civil cases, and in criminal cases, the name of
the defendant, the charge against him, the names of the witnesses, the
date of the arrest, the appearance of the defendant, together with the
fines and costs adjudged or collected in accordance with the judgment.
He shall have the power to administer oath."
Sec. 19. Section eighty-three of the same Act is
amended, to read as follows:
"Sec. 83. General auditing office — City Auditor. —
The city auditor, under the supervision of the Auditor General, shall
receive and audit accounts of the city, in accordance with the
provisions of law relating to government accounts and accounting. Until
such time as the municipal board passes an ordinance creating the
position of city auditor and a person qualified to hold it in
accordance with the Civil Service Law, rules and regulations shall have
been appointed to it, with a salary of six thousand nine hundred pesos
per annum, the provincial auditor of the Province of Capiz shall act as
city auditor ex officio of the City of Roxas with an additional
compensation of nine hundred pesos per annum, payable from the funds of
the city."
Sec. 20. Section eighty-six of the same Act is hereby
amended, to read as follows:
"Sec. 86. The Bureau of Public Schools. — The
Director of the Bureau of Public School shall exercise the same
jurisdiction and power in the city as elsewhere in the Philippines and,
until such time as the municipal board passes an ordinance creating the
position or city superintendent of schools and a person qualified to
hold it in accordance with the Civil Service Law, rules and regulations
shall have been appointed to it, with a salary of six thousand nine
hundred pesos per annum, the division superintendent of schools for the
Province of Capiz shall act as city division superintendent of schools
ex officio of the City of Roxas with an additional compensation of one
thousand two hundred pesos per annum payable from the funds of the
city, and shall have all the powers and duties in respect to the
schools of the city as are vested in division superintendents in
respect to schools of their divisions."
Sec. 21. The following section shall be inserted
between Section s eighty-six and eighty-seven of the Act.
"Sec. 86-A. Establishment and operation of primary
and intermediate schools. — The expenses for the establishment and
operation of primary and intermediate schools in the City of Roxas
shall be borne by the national governments."
Sec. 22. Subsection (g), Section fifteen of Republic
Act Numbered Six Hundred and three is hereby repealed.
Sec. 23. This Act shall take effect upon its
approval.
Approved: June 16, 1962.
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