REPUBLIC ACT NO. 5269 - AN
ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED FORTY-THREE
HUNDRED AND EIGHTY-TWO, OTHERWISE KNOWN AS THE CHARTER OF BAGO
Section 1. The second paragraph of Section seven, the first
paragraph of Section ten, the third paragraph of Section eleven, the
first paragraph of Section thirteen, the first paragraph of Section fourteen, subparagraphs (c) and (d) of Section fifteen with the
insertions of new subparagraphs in said section, the first paragraph of
Section twenty-two, the first paragraph of Section twenty-three, the
first paragraph of Section twenty-four, and subparagraph (m) of the
same section, Section twenty-five, the first paragraph of Section twenty-six, the first paragraph of Section twenty-seven, the second
paragraph of Section twenty-eight, Section thirty-nine, Section forty,
Section forty-one, Section seventy-three, the fourth paragraph of
Section seventy-six, the first sentence of Section seventy-seven, and
Section eighty-six of Republic Act Numbered Forty-three hundred
eighty-two otherwise known as the Charter of Bago, are hereby amended
to read as follows:
"Sec. 7. The Mayor . . .
He shall receive a salary in accordance with the scales provided for in
Republic Act Numbered Forty-four hundred seventy-seven and such other
laws of general application. The mayor may receive, in addition to his
salary, a commutable allowance of at least two thousand pesos per annum
or such higher amount as may be fixed by the municipal board.
"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 as compensation, to be fixed by ordinance
at not less than three thousand three hundred pesos per annum.
"Sec. 11. Constitution and organization of the
municipal board. — Compensation of members thereof. —
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"The vice-mayor and the members of the board shall receive the salary
in accordance with the scales provided for in Republic Act Numbered
Forty-four hundred seventy-seven and such other laws of general
application.
"Sec. 13. Appointment, salary and duties of secretary
of the board. — The board shall have a secretary who shall be chosen by
the board and who shall serve during the term of office of the members
thereof. The compensation of the secretary shall be fixed by ordinance.
A vacancy in the office of the secretary shall be filled temporarily
for the unexpired term in like manner.
"Sec. 14. Method of transacting business by the
board. — Veto; authentication and publication of ordinances. — Unless
the president of the Philippines orders otherwise, the board shall hold
one ordinary session for the transaction of business during each week
on a day which shall be fixed by resolution, and such extraordinary
sessions as may be called by the mayor. It shall sit with open doors,
unless otherwise ordered by an affirmative vote of five members. It
shall keep a record of its proceedings and determine its rule of
procedure not herein set forth. Five 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 the 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 ordinances. Five 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 any other measure 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 kept for the purpose and shall, on the day
following its passage, be posted by the secretary at the main entrance
of 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 the
said time.
"Sec. 15. General powers and duties of the board. —
Except as otherwise provided by law, and subject to the conditions and
limitations thereof, the municipal board shall have the following
legislative powers:
"(c) To fix the number and salaries of officials and
employees of the city not otherwise provided for in this
Act;
"(d) To authorize the free distribution of medicines
to the employees and laborers of the city whose salary or wage does not
exceed sixty pesos per month or two pesos and fifty centavos per day;
and of fresh or evaporated native milk to indigent mothers residing in
the city and of bread and light meals to indigent children of ten years
or less of age residing in the city, the distribution to be made under
the direct supervision and control of the mayor;
"nn. To float bonds, subject to existing laws and
regulations, for the purpose of financing public works projects;
"oo. To tax motor and other vehicles operating within
the City of Bago, the provisions of any existing laws to the contrary
notwithstanding, and draft animals not paying any national taxes:
Provided, That all automobiles and trucks belonging to the National
Government or to any provincial and municipal government shall be
exempt from such tax;
"pp. To establish and regulate the size, speed, and
operation of motor and other vehicles within the city; to establish bus
stops and terminals; and prohibit or regulate the entrance of
provincial public utility vehicles into the city, except those passing
through the city.
"qq. To tax, license and regulate any business, trade
or occupation being conducted or practiced within the City of Bago, not
otherwise enumerated in the preceding subsections, including percentage
taxes based on gross production, sales or receipts;
"rr. To enact an ordinance or pass a resolution
providing for the automatic retention of the expected allotments of
one-tenth of the annual allotments of the city. Such allotments of the
city are to be remitted to the city treasurer within ten days. However,
if collections are less than the allotments the Bureau of Internal
Revenue has to release the balance to the city every
quarter;
"ss. To enact an ordinance fixing and providing
bonuses and allowances to officials and employees of the city; and
"tt. To make provisions for the care or
hospitalization of the poor, the sick or persons of unsound mind.
"Sec. 22. 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 in accordance with the scales provided for in
Republic Act Numbered Forty-four hundred seventy-seven and such other
laws of general application. He shall have the following powers and
duties:
"Sec. 23. The City Attorney and Register of Deeds
ex-officio. — His compensation, powers and duties. — The law department
shall consist of the city attorney and one assistant, who shall
discharge their duties under the general supervision of the Secretary
of Justice. The city attorney shall be the chief legal adviser of the
city and all offices and departments thereof. The city attorney and his
assistant shall receive the salary as provided for in Republic Act
Numbered Forty-one hundred forty-two or such other laws of general
application. He shall act as city register of deeds ex-officio with an
additional compensation of at least six hundred pesos per annum or such
amount which may be fixed by the municipal board. In case of vacancy,
absence or disability, the duties of the register of deeds shall be
performed by the assistant city attorney, or when the needs of the
service require it, the Secretary of Justice may designate any other
officer of the government. The city attorney shall have the following
powers and duties:
"Sec. 24. The City Engineer and District Engineer
ex-officio. — His powers and duties. — There shall be a city engineer,
who shall be in charge of the department of engineering and public
works, and who shall be the ex officio district engineer for the Second
District of Negros Occidental. He shall receive a salary in accordance
with the scales provided for in Republic Act Numbered Forty-four
hundred seventy-seven and such other laws of general application. As an
ex-officio second district engineer, he shall receive an additional
compensation of three thousand pesos per annum to be paid by the
Department of Public Works and Communications. He shall have the
following powers and duties:
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"(m) He shall supervise and regulate the location and
use of engines, boilers, forges, and other manufacturing and heating
appliances in accordance with law and ordinance relating thereto. He is
authorized to charge fees at rates to be fixed by the board with the
approval of the mayor for the sanitation and transportation services
and supplies furnished by his department;
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"Sec. 25. Execution of authorized public works and
improvement. — All repair or construction of any work or public
improvement, except parks, boulevards, streets or alleys, involving an
estimated cost of five thousand pesos or more shall be awarded by the
mayor, upon the recommendation of the city engineer, to the lowest
responsible bidder after public advertisement by posting notices of the
call for bids in conspicuous place in the city hall and other public
places, and by publication in the Official Gazette, both for not less
than ten days: Provided, however, That the city engineer may, with the
approval of the mayor upon recommendation of the board execute by
administration any such public work costing five thousand pesos or
more.
"In case of public works involving an expenditure of less than five
thousand pesos, the city engineer upon his recommendation and by
approval of the mayor, may proceed with the work by himself or to let
the contract to the lowest bidder after such publication and notice as
shall be deemed appropriate or as may be, by regulations,
prescribed.
"Sec. 26. 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 receive a salary in
accordance with the scales provided for in Republic Act Numbered
Forty-four hundred seventy-seven, and such other laws of general
application. The city health officer shall have the following general
powers and duties:
"Sec. 27. 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 in
accordance with the scales provided for in Republic Act Numbered
Forty-four hundred seventy-seven, and such other laws of general
application. He shall have the following general powers and duties:
"Sec. 28. Chief of the detective service. — The chief
of detective service shall receive a salary as may be fixed by the
municipal board.
"Sec. 39. The Board of Assessment Appeals. — There
shall be a board of assessment appeals, which shall be composed of the
members of the municipal board, the mayor to be the chairman thereof,
who shall have no vote except in case of tie.
"Sec. 40. Oath to be taken by members of the Board of
Assessment Appeals. — The members of the board assessment appeals shall
before organizing as such, take the following oath before the judge of
the municipal court or some other officer authorized to administer an
oath.
"I do solemnly swear that I will and truly hear and determine all
matters and issues between the city assessor and taxpayers submitted
for my decision. So help me God.
_____________________________
(Signature)
(Member of the board of Assessment Appeals)"
"Sec. 41. Proceedings before the Board of Assessment
Appeals and the department head. — The Board of Assessment Appeals
shall meet beginning the first Monday after the fifteenth of January of
each year, shall hear all appeals duly transmitted to it by filing of
written notice, and shall decide the same forthwith. It shall have
authority to cause to be amended the listing and valuation of the
property in respect to which any complaint is made in order signed by
the board or majority thereof, and transmit it to the City Assessor,
who shall amend the tax list in conformity with said order.
"Sec. 73. Annual Budget. — At least three months
before the beginning of each fiscal year, the city treasurer shall
present to the mayor a certified detailed statement by department of
all receipts and expenditures of the city pertaining to the preceding
fiscal, and to the first seven months of the current fiscal year,
together with an estimate of the receipts and expenditures for the
remainder of the current fiscal year, and he shall submit with this
statement a detailed estimate of the revenues and receipts of the city
from all sources for the ensuing fiscal year. Upon the receipt of this
statement and estimate, and the estimates of department heads as
required by Section eighteen of this Charter, the mayor shall formulate
and submit to the municipal board at least two and a half months before
the beginning of the ensuing fiscal year, a detailed budget covering
the estimated necessary expenditures for the said ensuing fiscal year,
which shall be the basis of the annual appropriation ordinance:
Provided, however, That in no case shall the aggregate amount of such
appropriation exceed the estimate of revenues and receipts submitted by
the city treasurer as provided above: Provided, further, That not less
than fifteen per cent of the expected revenue of the city for any
fiscal year shall be appropriated for public improvements of the said
fiscal year. The city budget once approved by the municipal board and
the city mayor shall become effective and operative immediately.
"Sec. 76. Regular, auxiliary and acting judge of city
court. —
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The city judge shall receive a salary in accordance with the scales
provided for in Republic Act Numbered Forty-four hundred seventy-seven,
and such other laws of general application. He shall have its residence
in the city.
"Sec. 77. Clerk and employee of the city court. —
There shall be a clerk of the city court who shall be appointed by the
mayor and who shall receive a compensation, to be fixed by ordinance.
"Sec. 86. General Auditing Office. — City Auditor. —
The city auditor under the supervision of the Auditor General, shall
receive and audit all accounts of the city, in accordance with the
provisions of law relating to government accounts and accounting. He
shall receive a salary in accordance with the scales provided for in
Republic Act Numbered Forty-four hundred seventy-seven, and such other
laws of general application, payable half by the national government
and half from the funds of the city. He shall act as ex-officio highway
auditor and shall receive an additional salary of at least one thousand
two hundred pesos per annum payable from the Highway Engineering
Funds.
Sec. 2. This Act shall take effect upon its
approval.
Enacted without Executive
approval, June 15, 1968
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