Section 1. The last paragraph of section seven of
Commonwealth Act Numbered Fifty-eight, is hereby amended to read as
follows:
"Sec. 7. The Mayor shall be appointed by the
President of the Philippines with the approval of the Commission on
Appointments, shall hold office for three years unless sooner removed,
and shall receive a salary of seven thousand two hundred pesos a year."
Sec. 2. Section eight of Commonwealth Act Numbered
Fifty-eight is hereby amended to read as follows:
"Sec. 8. There shall be a vice-mayor who shall
perform the duties of the mayor, in the event of the sickness, absence
or other temporary incapacity of the mayor, until said office shall be
filled, in accordance with law. If, for any reason, the vice-mayor is
temporarily incapacitated for the performance of the duties of the
office of the mayor, or said office of the vice-mayor is vacant, the
duties of the mayor shall be performed by the city engineer. The acting
mayor shall have the same powers and duties as the mayor.
"The vice-mayor shall perform such other duties as may be assigned upon
him by the mayor or prescribed by law or ordinances. He shall be
appointed by the President of the Philippines with the consent of the
Commission on Appointments of the Congress of the Philippines and shall
receive a salary of four thousand eight hundred pesos per annum."
Sec. 3. The first paragraph of section twenty-six
of Commonwealth Act Numbered Fifty-eight is hereby amended to read as
follows:
"Sec. 26. The Director of Education shall exercise
the same jurisdiction and powers in the city as elsewhere in the
island, and the city superintendent of schools shall have all the
powers and duties in respect to the school of the city as are vested in
Division Superintendents in respect to the schools of their division.
In case the Division Superintendent of Schools of the Province of Cebu
is appointed ex-officio City Superintendent of Schools, he shall
receive an additional compensation of two thousand four hundred pesos
per annum."
Sec. 4. Section twenty-eight of Commonwealth Act
Numbered Fifty-eight is hereby amended to read as follows:
"Sec. 28. The Director of Health shall have general
supervision and control of health and sanitary matters and inspections
in the city, and the Philippine Health Service shall serve as the local
board health. In case the city health officer is absent for any cause
whatsoever, the district health officer of the Province of Cebu shall
take his place as city health officer."
Sec. 5. First sentence of section thirty of
Commonwealth Act Numbered Fifty-eight is hereby amended to read as
follows:
"Sec. 30. There shall be a city engineer who shall be
in charge of the department of engineering and public works and shall
receive an additional salary of two thousand four hundred pesos per
annum in addition to his salary as district engineer for the Province
of Cebu."
Sec. 6. The first and the last paragraphs of
section thirty-seven of Commonwealth Act Numbered Fifty-eight is hereby
amended to read as follows:
"Sec. 37. The law department shall consist of the
fiscal of the city and three assistants, namely, first assistant
fiscal, second assistant fiscal, and third assistant fiscal, who shall
discharge their duties under the general supervision of the Secretary
of Justice. The fiscal of the city shall be the chief legal adviser of
the city and all offices and departments thereof; shall represent the
city in all city cases wherein the city or any officer thereof in his
official capacity is a party; shall attend, when required, meetings of
the Board, draw ordinances, contracts, bonds, leases, and other
documents involving any interest of the city, and inspect and pass upon
all such documents already drawn; shall give his opinion in writing
when requested by the Mayor or Board upon any question relating to the
city, or the rights or duties of any city officers; shall whenever it
is brought to his knowledge that any city officer or employee is guilty
of neglect or misconduct in office, or that any person, firm or
corporation holding or exercising any franchise or public privilege
from the city has failed to comply with any condition or to pay any
consideration mentioned in the grant of such franchise or privilege,
investigate the same and report to the Mayor; shall when directed by
the Mayor, institute and prosecute in the city's interest a suit on any
bond, lease, or other contract, and upon any breach or violation
thereof; and shall prosecute and defend all civil actions related or
connected with any office or interest. He shall also have charge of the
prosecution of all crimes, misdemeanors, and violations of city
ordinances, in the Court of First Instance of Cebu and the Municipal
Court of the city, and shall discharge all the duties in respect to
criminal prosecution enjoined by the law upon provincial fiscals.
"The fiscal of the city and his assistants shall receive the salaries
hereinafter set forth, which shall be paid by the City of Cebu; fiscal
of the city, four thousand eight hundred pesos per annum; first
assistant fiscal, three thousand six hundred pesos per annum; and
second and third assistant fiscals, three thousand pesos per annum
each."
Sec. 7. The provisions of Commonwealth Act
Numbered Four hundred and nine relating to the city attorney ex-officio
of the City of Cebu is hereby repealed.
Sec. 8. This Act shall take effect upon its
approval.
Approved: June 12, 1948
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