REPUBLIC ACT NO. 3404 - AN ACT
AMENDING CERTAIN SECTIONS OF COMMONWEALTH ACT NUMBERED FIVE HUNDRED
FORTY-SEVEN, OTHERWISE KNOWN AS THE CHARTER OF THE CITY OF CAVITE
Section 1. Section s two, four, six, seven, eight and the
first paragraph of Section nine of Commonwealth Act Numbered Five
hundred forty-seven are amended to read as follows:
"Sec. 2. Territory of the City of Cavite. — The City
of Cavite, which is hereby created, shall comprise the present
territorial jurisdiction of the Municipality of Cavite, in the Province
of Cavite.
"The Municipal Board may, by ordinance, divide the city into district
for all administrative and other municipal purposes, including the
description of property.
"Sec. 4. Seal and general powers of the city. — The
city shall have a common seal, and may alter the same at pleasure. It
may take, purchase, receive, hold, lease, convey and dispose of real
and personal property for public use, contract and be contracted with,
sue and be sued, prosecute and defend suits to final judgment and
execution, and exercise all the powers conferred by this Charter
together with all the powers implied thereby or appropriate to the
exercise thereof. The provisions of this Charter shall be construed
liberally in favor of the city, to the end that it may have all
necessary powers for the efficient conduct of its municipal affairs.
The specific mention of particular powers in other sections of this
Charter shall not be construed as limiting the powers of the city in
the premises to those thus mentioned.
"Sec. 6. Jurisdiction of the City. — The jurisdiction
of the City of Cavite for police purposes shall be coextensive with its
territorial jurisdiction and for the purpose of protecting and insuring
the purity of the water supply of the city, such police jurisdiction
shall also be extended over all territory within the drainage area of
such water supply, or within one hundred meters of any reservoir,
conduit, canal, aqueduct or pumping station used in connection with the
city water service. The municipal court of the city shall have
concurrent jurisdiction with the courts of justices of the peace of the
municipalities to try crimes and misdemeanors committed within said
drainage area, or within said spaces of one hundred meters. The court
first taking jurisdiction of such an offense shall thereafter retain
exclusive jurisdiction thereof.
"Sec. 7. Nature of Office; Qualifications. — The
Mayor shall be the chief executive of the city and as such shall have
immediate control and supervision over the executive functions of the
different departments and agencies of the city. The Mayor shall be
elected at large by the qualified electors of the city. He shall be at
least thirty years of age, a resident of the city at least five years
immediately prior to his election, and a qualified voter therein:
Provided, That the first election for mayor shall be held at the
general elections for provincial and municipal officials next following
the approval of this Act in conformity with the provisions of the
Revised Election Code and shall assume office on the first day of
January next following his election. He shall hold office for four
years and until his successor has been duly elected and qualified,
unless sooner removed for disloyalty, dishonesty, oppression, or
misconduct in office. He shall receive a salary of not exceeding seven
thousand two hundred pesos a year. With the approval of the Office of
the President, the Mayor may be provided, in addition to his salary, a
non-commutable allowance of not exceeding one thousand two hundred
pesos per annum.
"Sec. 8. The Vice Mayor. — There shall be a
Vice-Mayor who shall perform the duties of the Mayor, in the event of
sickness, physical absence on unofficial business for more than three
days or other temporary incapacity of the Mayor, or in the event of a
definitive vacancy in the position of 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 Vice-Mayor or said
office of the Vice-Mayor is vacant, said duties shall be performed by
the President Pro tempore of the Municipal Board.
In case of the incapacity of the officials mentioned above to perform
the duties of the Mayor, the duties of the Mayor shall be performed by
the City Treasurer. The Acting Mayor shall have the same powers and
duties as the Mayor and shall receive the compensation of the Mayor.
"The Vice-Mayor shall perform such other duties as may be assigned to
him by the Mayor or prescribed by law or ordinance. He 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 receive a salary
of four thousand eight hundred pesos a year.
"Sec. 9. General powers and duties of the Mayor. —
The Mayor shall have immediate control and supervision over the
executive and administrative functions of the different departments and
agencies of the city, subject to the supervision of the Office of the
President. He shall have the following powers and duties:"
Sec. 2. Section ten of the same Act, is amended to
read as follows:
"Sec. 10. City Secretary. — The Mayor shall appoint
one secretary who shall have the title of City Secretary to hold office
at the pleasure of the Mayor and who shall receive a compensation at
not exceeding four thousand two hundred pesos per annum.
"The City Secretary shall have charge and custody of all records and
documents of the city and of any office or department thereof for which
provision is not otherwise made; shall keep the corporate seal and
affix the same with his signature to all ordinances and resolutions
signed by the Mayor and to all other official documents and papers of
the Government of the City as may be required by law or ordinance;
shall attest all executive orders, proclamations, ordinances, and
resolutions signed by the Mayor and shall perform such other duties as
the Mayor may require of him; and shall upon request, furnish certified
copies of all city records and documents in his charge which are not of
a confidential character, and shall charge fifty centavos for each one
hundred words including the certificate, such fees to be paid directly
to the city treasurer. For the purpose of Section eighteen of this
Charter, the City Secretary shall be considered and have the legal
status of a city department head.
"The City Secretary shall also have the following powers, duties and
responsibilities, to be exercised under the general direction of the
Mayor:
"(a) To supervise and coordinate the work of all
departments and agencies under the jurisdiction of the mayor;
"(b) To be responsible for the development and
administration of a sound personnel system for the city consistent with
the governing provisions of the Civil Service Law; and to establish and
maintain a roster of all employees of the city, whether or not in the
classified service, in which there shall be set forth, as to each
employee, the class title of the position held, the salary or pay, any
change in class title, pay or status, and other pertinent data;
"(c) To conduct a continuous study of the work, and
the internal organization and procedures, of all offices, departments,
and agencies under the jurisdiction of the Mayor, and to develop and
prescribe accepted administrative procedures and establish management
and work standards therefor;
"(d) To analyze and report to the Mayor concerning
impending policy decisions affecting the administration of the city and
its agencies;
"(e) To convene the heads of departments and agencies
under the jurisdiction of the Mayor, singly or collectively, for the
purpose of conference, discussion and report; and
" To attend meetings of any board or committee when
requested by the Mayor, with the privilege of participating in the
discussion and deliberations of such boards or committees as the
Mayor's proxy."
Sec. 3. The first and last paragraphs of Section eleven of the same Act, as amended by Republic Act Numbered Sixteen
hundred ninety-nine, is further 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 shall have no
vote except in case of a tie, and eight councilors elected at large by
popular vote during the regular election for provincial and municipal
officials in conformity with the provisions of the Revised Election
Code. The Board shall elect by a majority vote of its entire membership
one of the councilors as President Pro tempore, who shall act as
presiding officer in the event of any temporary incapacity or absence
of the Vice-Mayor or if the office of Vice-Mayor is vacant. Any
vacancy, in the office of President Pro tempore shall be filled in like
manner. Should the Board fail to elect a President Pro tempore as
herein provided, the Mayor may so designate one of the councilors, to
temporarily serve until the Board elects one. Whenever the President
Pro tempore is serving as acting Mayor in accordance with Section eight
of this Charter, the remaining members of the Board may elect a
temporary presiding officer for the transaction of business. 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 rights and perform all the duties of a member of the
Board until the return to duty of the regular incumbent.
"The members of the Municipal Board shall receive a salary of three
thousand six hundred pesos per annum."
Sec. 4. The first paragraphs of Section twelve and
thirteen of the same Act are amended to read as follows:
"Sec. 12. Qualifications, election, suspension and
removal of members of the Board. — The members of the Board shall be
qualified electors of the city, residents therein for at least two
years prior to their election, and not less than twenty-five years of
age. Election for members of the Board shall be held on the date of the
regular election for provincial and municipal officials. Upon
qualifying, the members-elect shall assume office on the first day of
January next following their election until their successors are
elected and qualified.
"Sec. 13. Appointment, salary and duties of Secretary
of the Board. — The Board shall have a secretary who shall be appointed
by it to serve during the term of office of the members thereof. The
compensation of the secretary shall not exceed three thousand six
hundred pesos per annum."
Sec. 5. The first and last paragraphs of Section fourteen of the same Act, are amended to read as follows:
"Sec. 14. Method of transacting business by the
Board. — Veto — Authentication and publication of ordinances. — The
Board shall hold one ordinary session for the transaction of business
during each week on days which it shall fix by resolution, and
extraordinary sessions as may be called by the Mayor. However, any five
members of the Board may call special meetings of the Board upon at
least twenty-four hours notice to each member. Such notice shall be
delivered personally to each member or left at his usual place of
residence with some responsible person. 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 rules 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 ordinance. 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 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. Every ordinance and every
resolution shall be presented in writing and read in full before a vote
is taken thereof: Provided, That the reading may be dispensed with by
unanimous consent. Except for emergency ordinances, no ordinance shall
be passed at the meeting at which it is introduced and until at least
two days have elapsed between its introduction and final passage.
Should the Board by unanimous vote of a quorum declare the existence of
an emergency due to a public calamity, the Board by unanimous vote of a
quorum may waive all of the procedural and publication requirements of
this section except those relating to the number of votes required for
passage of an ordinance, the submission of ordinances and resolutions
to the Mayor for his approval, and the official record of each
ordinance and resolution and the vote thereon: Provided, however, That
no prosecution shall be based upon the provisions of an emergency
ordinance until twenty-four hours after the ordinance has been filed
with the Secretary of the Board and posted or published as provided
herein unless the person charged with violation had actual notice of
the passage of the ordinance prior to the act or omission with which he
is charged. 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 the book 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 in at least two other public and
conspicuous places in the city, and shall take effect and be enforced
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.
"Any provision of existing law to the contrary notwithstanding, if (a)
the appropriation ordinance appropriates an aggregate amount not
exceeding the estimated tax receipts and/or income for the ensuing
year, certified collectible by the City Treasurer; (b) provisions have
been made for the statutory and/or current contractual obligations of
the city; and (c) no official or employee shall receive a salary higher
than the maximum salary provided by subsisting salary laws and
executive orders, the city budget shall be in full force and effect on
the date fixed therein for its effectivity by the Municipal Board and
the same shall not be subject to the approval of the Secretary of
Finance."
Sec. 6. Subsections (d), (g), (n), (o), (x), (bb),
(cc), (ii), ( jj) and (kk), Section fifteen of the same Act, are
amended to read as follows:
"(d) To authorize the free distribution of medicines
to the employees and laborers of the city whose salary or wage does not
exceed the minimum salary or wage under the Minimum Wage Law; of fresh
or evaporated native milk if available, 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 of the City Mayor.
"(g) To establish and maintain schools as provided by
law, and with the approval of the Director of Public Schools, to fix
reasonable tuition fees for instruction therein.
"(n) To regulate and fix the amount of the license
fees of the following: hawkers, peddlers and hucksters, not including
hucksters or peddlers who sell only native vegetables, fruits or foods
personally carried by the hucksters or peddlers, auctioners, plumbers,
barbers, manicurists, hair dressers, wrestlers, boxers, pelotaris,
electricians, painters, jockeys, collecting agencies, mercantile
agencies, shipping and intelligence offices, private detective
agencies, advertising agencies, beauty parlors, massagists, tattooers,
juglers, acrobats, and the keeping, preparation, and sale of meat,
poultry, fish, game, butter, cheese, lard, vegetables, bread, and other
provisions; and to tax, fix the license fee and regulate the business
of hotels, clubs, restaurant, cafes, lodging houses, boarding houses,
refreshment places, livery garages, livery stables, boarding stables,
dealers in large cattle, public billiard tables, public pool tables,
physical or beauty culture and fashion schools, the letting or
subletting of lands and buildings, whether used for commercial,
industrial or residential purposes, laundries, cleaning and dyeing
establishments, public warehouses, circuses and other similar parades,
public vehicles, race tracks, horse races, bowling alleys, shooting
galleries, slot machines, merry-go-round, pawnshops, dealers in
secondhand merchandise, junk dealers, brewers, distillers, rectifiers,
money changers and brokers, public ferries, theaters, theatrical
performances, cinematographs, public exhibitions, boxing or any
sporting or athletic contests, and all other performances and place of
amusements;
"(o) To tax and fix the license fees on dealers in
automobiles or accessories or both, and retail dealers in general
merchandise, which dealers are not yet subject to the payment or any
municipal tax. For the purpose of taxation, these retail dealers shall
be classified as (A) retail dealers in general merchandise, (B) retail
dealers exclusively engaged in the sale of (a) textiles including
knitted wares, (b) hardwares including glasswares, cooking utensils,
electrical goods and construction materials, (c) groceries including
toilet articles except perfumery, (d) drugs including medicines and
perfumeries, (e) books including stationery, paper, and office
supplies, jewelry, (g) slippers and other footwears, (h)
arms, ammunitions, and sporting goods, and (C) retail dealers engaged
in luxury and/or semi-luxury articles. A separate license shall be
prescribed for each class but where commodities of different classes
are sold in the same establishment, it shall not be compulsory for the
owner to secure more than one license if he pays the higher or highest
rate of tax prescribed by ordinance. Wholesale dealers shall pay the
license tax as such, as may be provided by ordinance.
"For the purpose of this section, the term "General Merchandise" shall
include poultry and livestock, agricultural products, fish and other
allied products.
"(x) To tax, regulate the establishment or operation
and fix the license fees of dance halls, saloons, bars, nightclubs,
taverns, and the like, cabarets, and cockpits.
"(bb) To provide for the maintenance of waterworks
for the purpose of supplying water to the inhabitants of the city, and
for the purification of the source of supply and the consumption and
use of the water; to fix and provide for the collection of, rents
therefor: and to regulate the construction, repair, and use of
hydrants, pumps, cisterns, reservoirs.
"(cc) To provide for the establishment and
maintenance and regulate the use, of public drains, sewers, latrines,
and cesspools; and to regulate the construction and use of private
sewers, drains, cesspools, waterclosets, and privies.
(ii) To extend its ordinances over all waters within
the city, over any boat or other floating structures thereon and, for
the purpose of protecting and insuring the purity of the water supply
of the city, over all territory within the drainage area of such water
supply, and within one hundred meters of any reservoir, conduit, canal,
aqueduct or pumping station used in connection with the city water
service.
"( jj) To tax, fix the license fee on, and regulate
the sale of intoxicating liquor, whether imported or locally
manufactured.
"(kk) To tax and regulate any other business
occupation not specifically mentioned in the preceding paragraphs, and
to impose a license fee upon all persons engaged in the same or who
enjoy privileges in the city."
Sec. 7. Section fifteen of the same Act is amended by
adding the following new subsections:
"(oo) To tax, and fix the license fees on, printers
or bookbinders or both, tailor shops, milliners, manufacturers of
jewelry, embroideries, sail or awnings or both, rope, paper, leather
goods including shoes, slippers, sandals, harnesses and valises or
bags, sporting goods, rubber goods, plastic and celluloid products,
hardware including tinware, ceramic, and cement products, glasswares,
cooking utensils, electrical goods and construction materials, chemical
products including drugs, perfumes, toilet articles, paint, dyes and
inks, textiles, shell lamps or lamp shades or both, statuettes or
tombstone or both, sacks, furniture of all kinds, including rattan
goods, wire brass beds or both, clothing, hats, eyeglasses or optical
goods or both, fertilizers or buttons.
"Manufacturers above mentioned shall not be subject to the payment of
any municipal tax or license fee as retail dealers of their own
products: Provided, That any manufacturing conducted solely by the
immediate members of a family at their own home shall not be subject to
any tax or license fee;
"( pp) To provide for the prohibition and
suppression of riots, affrays, disturbances, and disorderly assemblies;
houses of ill-fame and other disorderly houses; gaming houses, gambling
and all fraudulent devices for the purposes of obtaining money or
property; prostitution, vagrancy, intoxication, fighting, quarrelling,
and all disorderly conduct; the printing, circulation, exhibition or
sale of obscene pictures, books, or publications;
"(qq) To require property owners by ordinance
to construct or repair, at their expense, sidewalks along the street or
streets adjacent to their lots in accordance with the specifications of
the city engineer as to quality, width and grade, and subject to this
supervision and approval: Provided, That, in case of failure or
inability of the property owners to comply with the requirement within
a specified period of time after demand, the city engineer shall cause
the work to be done and the cost thereof collected as a special
assessment from such owners, who may choose to pay the same in full, or
in ten equal yearly installments which shall be due and payable to the
city in the same manner as the annual tax levied on real estate, and
shall be made to subject to the same remedies, as such annual tax; and
all said sums and amounts, shall from the day in which they were
assessed constitute liens on the property against which the same were
assessed and shall take precedence over any and all other liens that
may exist upon such property excepting only such as may have attached
thereto as a result of the non-payment of the said annual tax;
"(rr) To fill up or require to be filled up, at the
owner's expense, to a grade necessary for proper sanitation any and all
lands and premises when necessary in the enforcement of sanitary
ordinances adopted in accordance with law; and
"(ss) To prohibit the carrying of firearms by
unauthorized persons within the jurisdictional limits of the city, any
existing law to the contrary notwithstanding."
Sec. 8. Section s seventeen, nineteen, and twenty of
the same Act are amended to read as follows:
"Sec. 17. City departments. — There shall be a
Finance Department, Assessment Department, Engineering Department, a
Law Department, a Health Department, a Police Department, and a Fire
Department. The Mayor shall have direct supervision and control over
all the city departments: Provided, That the Law Department shall be
under the supervision of the Department of Justice.
"The Municipal Board, by ordinance, but only upon the recommendation of
the Mayor, may from time to time assign additional functions or duties
to, and make such readjustment of the duties of, the several
departments as the public interest may demand, and may consolidate any
department, division or office, except that it may not assign to any
other department or office, any function or duty expressly assigned by
this Charter to the Department of Finance, the Law Department, or the
Police Department.
"Sec. 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 judges and auxiliary judges of the municipal court, the
city treasurer and the assistant city treasurer, the city engineer, the
city fiscal, the city health officer, the chief of police, the chief of
the fire department, and the other heads of such city departments as
may be created.
"All other officers and employees of the city, including all those paid
from city funds, whose appointments are not otherwise provided for in
this Act, shall be appointed by the Mayor upon recommendation of the
corresponding city department head, notwithstanding any existing law to
the contrary, in accordance with the Civil Service Law and they shall
be suspended or removed by the Mayor, subject to appeal to the
Commissioner of Civil Service, whose decision shall be final.
"Sec. 20. Officers not to engage in certain
transactions. — It shall be unlawful for any officer, directly or
indirectly, individually or as a member of a firm, to engage in any
business transaction with the city, or with any of its authorized
officials, boards, agents, or attorneys, whereby money is to be paid,
directly, or indirectly, out of the resources of the city to such
person of firm, or to purchase any real estate or other property
belonging to the city, or which shall be sold for taxes or assessments,
or by virtue of legal process at the suit of the city; or to be surety
for any person having a contract or doing business with the city, for
the performance of which security may be required; or to be surety on
the official bond of any officer of the city; or to have a financial
interest in any transaction or contract with the city or which the city
is an interested party. Any willful violation of this section shall
constitute malfeasance in office, and any officer or employee found
guilty thereof shall thereby forfeit his city office or employment."
Sec. 9. The same Act is amended by adding after
Section twenty, two new sections to be known as Section s twenty-A and
twenty-B, which shall read as follows:
"Sec. 20-A. Disqualifying acts and practices. — No
officer or employee of the city shall give or promise to give any
portion of his compensation or any money or valuable thing to any
person in consideration of his having nominated, elected, appointed or
employed as such officer or employee. No officer or employee of the
city shall wilfully violate any provision of law relating to his office
or employment or commit any fraud upon the city, or convert any of the
public property to his own use, or knowingly permit any other person to
do so. No officer or employee of the city shall detail or cause any
officer or employee of the city to do or perform any service or work
outside of his public office, work or employment. No officer or
employee of the city shall, directly or indirectly, coerce or
intimidate, or attempt directly or indirectly to coerce or intimidate,
any officer or employee in the classified service involuntarily to
resign his office or employment with the city. Any person convicted of
any offense enumerated in this section, in addition to any other
penalties imposed by law, shall forfeit his city office or employment.
"Sec. 20-B. Limitation on contracts. — No contract
involving the payment of money by the city shall be made for a period
longer than five years, and no such contract for personal services to
be furnished the city shall extend beyond the term of the Mayor during
whose incumbency the contract was approved; nor shall any such contract
be valid unless made or approved by ordinance."
Sec. 10. The same Act is amended by adding after
Section twenty-one, a new section to be known as Section twenty-one-A
which shall read as follows:
"Sec. 21-A. Assistant City Treasurer. — There shall
be an Assistant City Treasurer whose duties shall be to act as City
Treasurer in the event of the sickness, absence or other temporary
incapacity of the City Treasurer, and shall perform such other duties
as may be assigned to him by the City Treasurer or prescribed by law or
ordinance. He shall receive a salary of four thousand eight hundred
pesos a year."
Sec. 11. The first paragraph and subsection ,
Section twenty-two of the same Act, are 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 not exceeding five thousand seven hundred pesos per annum. He
shall have the following powers and duties:
" He shall have the care of all public streets,
parks, and bridges, and shall maintain, sprinkle, and regulate the use
of the same for all purposes as provided by ordinance; shall collect
and dispose of all garbage, refuse, the contents of closets, vaults,
and cesspools, and all other offensive and dangerous substances within
the city."
Sec. 12. The first paragraph of Section twenty-four
of the same Act is amended to read as follows:
"Sec. 24. The City Fiscal — His powers and duties. —
The City Fiscal shall be the chief legal adviser of the city. He shall
receive a salary of not exceeding five thousand seven hundred pesos per
annum. He shall have the following powers and duties:"
Sec. 13. The same Act is amended by adding after
Section twenty-four, a new section to be known as Section twenty-four-A, which shall read as follows:
"Sec. 24-A. Preliminary investigation of cases
cognizable by the Court of First Instance. — In all cases brought to
the office of the city fiscal involving crimes cognizable by the Court
of First Instance, where the accused is not already in the legal
custody of the police, no complaint or information shall be filed
without first giving the accused a chance to be heard in a preliminary
investigation, where such accused can be subpoenaed and appears before
the investigating fiscal, with the right to cross-examine the complaint
and his witnesses: Provided, That when the accused is detained, he may
ask for a preliminary investigation, but he must sign a waiver of the
provisions of Article one hundred twenty-five of the Revised Penal
Code, as amended: And provided, further, That if the case has already
been filed in court, he may ask for a reinvestigation thereof later on
with the same right to cross-examine the witnesses against him:
Provided, finally, That notwithstanding such waiver, the said
investigation must be terminated within ten days from its inception."
Sec. 14. Section eighty-two and the first paragraph
of Section eighty-six of the same Act are amended to read as follows:
"Sec. 82. The General Auditing Office. — The Auditor
General or his delegate shall receive and audit all accounts of the
city, in accordance with the provisions of laws relating to Government
accounts and accounting. The city auditor shall receive a salary of
five thousand seven hundred pesos a year.
"Sec. 86. The City Health Department — Powers and
duties of the City Health Office. — There shall be in the City of
Cavite a City Health Officer who shall have charge of the City Health
Department. He shall have a salary of not exceeding five thousand seven
hundred pesos per annum. The city health officer shall have the
following general powers and duties:"
Sec. 15. Section eighty-six of the same Act is
amended by adding the following new subsections:
"(h) He shall have general supervision and control
over the cleaning of all public buildings including markets, stockyards
and slaughterhouses and buildings rented for city purposes; public
toilets and all streets, avenues, alleys, parks and bridges, canals,
public grounds recreation and playgrounds.
"(i) He shall have authority to declare that any lot
or ground within the City of Cavite belonging to any person or
corporation or to the National Government, for any branch or political
subdivision thereof, is so low, excavated or walled, diked or dammed as
to admit or cause the formation on the surface thereof of stagnant or
foul water or that it is a nuisance or a menace to public health,
unless filled in or its sanitary condition otherwise improved, shall
communicate same to the Mayor.
"( j) He shall be responsible for the administration
of all social welfare programs of the city and all medical aid or
services furnished by it to indigent persons; and subject to the
control of the Director of Medical Services, shall have supervision and
administrative control over government hospitals and puericulture
centers in the city.
"The City Health Officer shall be the ex-officio local civil registrar
of the city and he shall receive an additional salary of not exceeding
one thousand two hundred pesos per annum."
Sec. 16. The provisions of this Act shall not be
construed to require new elections or appointments of officers and
employees holding positions in the City of Cavite on the date of the
approval of this Act, but the said officers and employees shall
continue in office unless removed for cause, or until their successors
shall have been elected in the next regular election for provincial,
city and municipal officials to be held following the approval of this
Act, and have qualified, and while they continue in office, they shall
receive their respective compensations heretofore received by them
unless such compensation is increased in accordance with the provisions
of this Act or by other laws or executive orders: Provided, however,
That the City Treasurer and the City Engineer shall cease to be members
of the Municipal Board on the date this Act takes effect: Provided,
further, That the first Vice-Mayor and the additional members of the
Municipal Board provided in this Act shall be appointed by the
President of the Philippines and shall hold office until their
successors shall have been elected in the next regular elections for
local officials and shall have qualified.
Sec. 17. All Acts, executive orders, administrative
orders and proclamations or parts thereof inconsistent with any of the
provisions of this Act are hereby repealed or modified accordingly.
Sec. 18. This Act shall take effect upon its
approval.
Enacted, without Executive
approval, June 18, 1961.
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