Section 1. Section fourteen of Commonwealth Act Numbered One
hundred and fifty-eight, as amended by Commonwealth Act Numbered Six
hundred four, is further amended to read as follows:
"Sec. 14. Constitution and organization of the
Municipal Board. — The Municipal Board shall be the legislative body of
the city and shall consist of the City Mayor and ten councilors, five
of them to be appointed by the President of the Philippines, with the
consent of the Commission on Appointments, and the other five to be
elected by popular vote. The City Mayor shall act as Chairman of the
Board. Until the next general elections, the positions of the five
elective councilors shall be filled in the same manner as those of the
appointive councilors. The Chairman of the Board shall preside over all
sessions thereof to vote on all matters submitted to the Board. In his
absence, the members present shall elect one to preside at the sessions
of the Board as temporary chairman. The Chairman of the Board shall
sign all ordinances and resolutions and motions directing the payment
of money or creating liability. In case of sickness or absence of any
member of the Board, or if it becomes necessary to maintain a quorum,
the President of the Philippines shall appoint a temporary substitute
who shall hold office, possess all the rights, receive the emoluments
and discharge all the duties in connection therewith until the return
to duty of the sick or absent member.
"The President of the Philippines, with the consent of the Commission
on Appointments, shall fill for the rest of the term all the permanent
vacancies taking place in the Municipal Board.cralaw
"The City Mayor shall discharge his duties in the Board without
additional compensation. The other members shall each receive a per
diem of ten pesos for each day of attendance at the session of the
Board."
Sec. 2. Section seventeen of the same Act is
amended to read as follows:
"Sec. 17. Appropriations by the Board. — The Board
shall make all appropriations for the expenses of the government of the
city. Whenever the Board fails to pass an appropriation ordinance for
any year before the end of the previous year, the appropriation
ordinance for such previous year shall be deemed reenacted and shall go
into effect on the first day of January of the current year, as the
appropriation ordinance for that year, until a new appropriation
ordinance is duly enacted.cralaw
"The Municipal Board shall obtain the written opinion of the city
treasurer on any matter involving the levying or collection of taxes or
expenditure of funds, but the opinion so obtained shall have no weight
beyond that of a recommendation; and the Municipal Board shall have
full authority to decide the matter in such manner as it may deem just
and advisable for the interests of the city, the provisions of
paragraph (i) of section twenty-seven hereof notwithstanding."
Sec. 3. Section eighteen of the same Act as
amended by Commonwealth Act Numbered Six hundred and four is further
amended to read as follows:
"Sec. 18. 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 two
ordinary sessions every week for the transaction of business on days
which it shall fix by resolution, and such special sessions not
exceeding ten during any one year as may be called by the Mayor, except
the sessions provided in section thirty-seven of this Chapter. It shall
sit with open doors unless otherwise ordered by the affirmative vote of
five 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 and six
affirmative votes shall be necessary for the passage of any ordinance,
resolution or motion. 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
ordinance enacted by the Board and each resolution or motion directing
the payment of money or creating liability 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. 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 to which he did 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 or motions
returned to the Board with his veto. Each approved ordinance, and each
resolution or motion directing the payment of money or creating
liability which may be passed shall be sealed with the city seal,
signed by the Chairman of the Board and the Secretary, recorded in a
book kept for that purpose, published within ten days after its
approval and if no date is fixed in the same, it shall take effect and
be in force on the twentieth day following its publication."
Sec. 4. Section s twenty-three and fifty-eight of
the same Act as amended by Commonwealth Act Numbered Five hundred and
sixty-eight, and the first two paragraphs of section fifty-six of the
same Act, are further amended to read as follows:
"Sec. 23. City Departments. — There shall be the
following city departments over which the Mayor shall have general
supervisory control.cralaw
"1. Department of Finance and Assessment
"2. Department of Engineering and Public Works
"3. Legal Department
"4. Police and Fire Department
"The Board may from time to time make such readjustments of the duties
of the several departments as the public interest may demand.cralaw
"The chiefs of departments shall receive the following annual salaries:
five thousand one hundred pesos for the city treasurer and assessor,
and an amount not in excess of the salary paid to ex-officio assessor
of a province in the same category, as ex-officio city assessor; four
thousand eight hundred pesos for the city engineer; four thousand pesos
for each of the municipal judges; four thousand eight hundred pesos for
the city fiscal; and four thousand eight hundred pesos for the chief of
police and fire department.
"The city fiscal shall have two assistants who shall receive
compensation in accordance with the following scale: (a) The first
assistant city fiscal shall receive three thousand six hundred pesos
per annum; and (b) the second assistant city fiscal shall receive three
thousand pesos per annum. The city fiscal and his assistants shall be
appointed by the President of the Philippines with the consent of the
Commission on Appointments."
"Sec. 56. Municipal Court — Its jurisdiction. — There
shall be a Municipal Court for the City of Iloilo for which there shall
be appointed two municipal judges who shall receive a salary of four
thousand pesos each. The municipal judges shall have as a general rule
the same powers and duties as justices of the peace, including
authority to solemnize marriages. They shall be entitled to thirty
days' vacation with pay each year.cralaw
"In case of absence, incapacity or disqualification both of the
municipal judges the judge of the Court of First Instance of the
district shall assign the justice of the peace of any of the adjacent
municipalities to preside the Municipal Court, and the same shall act
temporarily until such absence, incapacity or disqualification shall
ease or until another municipal judge shall be appointed by the
President of the Philippines, with the consent of the Commission on
Appointments.cralaw
"Sec. 58. Clerk and employees of Municipal Court —
Sheriff and Deputy Sheriffs. — There shall be a clerk of the municipal
court who shall be appointed by the Secretary of Justice and shall
receive a yearly salary of three thousand pesos. The clerk shall at the
same time be sheriff of the city and shall as such have the same powers
and duties as assigned by existing law to provincial sheriffs:
Provided, however, That the newspaper or newspapers in which notices of
sales at auction of real property or other notices are to be published
shall be designated by the interested party. There shall be one deputy
clerk of the municipal court, three deputy sheriffs and other clerks of
the municipal court who shall be appointed by the municipal judge and
whose salaries shall be fixed by the Municipal Board.cralaw
"The clerk of the Municipal Board shall keep its seal and affix it to
all orders, judgments, certificates, records, and other documents
issued by the court. He shall keep a docket of the trials in the court,
in which he shall record in any 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, the
date of the trial, and the nature of the judgment, together with the
fines and costs adjudged or collected in accordance with the judgment.
He shall have power to administer oaths."
Sec. 5. This Act shall take effect on July first,
nineteen hundred and forty-seven.
Approved: June 20, 1947
|