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:
"Section 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:
"Section 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 after
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 overridden 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 is 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:
"Section 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
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