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REPUBLIC ACT NO. 2366 - AN ACT
AMENDING CERTAIN SECTION OF REPUBLIC ACT NUMBERED THREE HUNDRED
TWENTY-EIGHT, OTHERWISE KNOWN AS THE CHARTER OF THE CITY OF CALBAYOG |
Section 1.
Section s seven, eight, eleven and thirteen of
Republic Act Numbered Three hundred twenty-eight, otherwise known as
the Charter of the City of Calbayog, are amended to read as follows: "Sec. 7. The
Mayor. — The Mayor shall be the chief executive of the city. He shall
be elected by the qualified voters of the city during every election
for provincial and municipal officials in accordance with the
provisions of the Revised Election Code. No person shall be eligible
for the position of mayor unless he is at least thirty years of age, a
resident of the city for at least five years and a qualified voter
therein.cralaw "Sec. 8. The
Vice-Mayor. — There shall be a Vice-Mayor who shall perform the duties
of Mayor in the event of the sickness, absence or other temporary
incapacity of the Mayor, or in the event of a definite vacancy in the
position of Mayor, until said office is filled in accordance with law.
The Vice-Mayor shall also preside over the meetings of the Municipal
Board, but he shall have no right to vote except in case of tie. If,
for any reason, the Vice-Mayor is temporarily incapacitated for the
performance of the duties of the Mayor, or said office of the
Vice-Mayor is vacant, 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.cralaw "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 Vice-Mayor who shall be its
presiding office, and ten councilors who shall be elected during every
election for provincial and municipal officials in accordance with the
provisions of the Revised Election Code. The said presiding officer
shall vote only in case of tie. No person shall be eligible for the
position of member of the board unless he is at least twenty-five years
of age, a resident of the city for at least three years and a qualified
elector therein. 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 possessed 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
disqualified 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.cralaw "Section 13.
Method of transacting business by the board — Veto — Authentication and
publication of ordinances. — Unless the President 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 session, 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 seven members. It shall keep a record
of its proceedings and determine its rules of procedure not herein set
forth. Seven members of the Board shall constitute a quorum for the
transaction of business. But a smaller number may adjourn form 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. Seven 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 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 over-ridden 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
veto, his reasons therefor in writing shall accompany it. It may then
be again enacted by the affirmative votes of eight members of the
board, and again forwarded to the Mayor for his approval, and if within
ten days after its receipts he does not again return it with his 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 President for
his approval or disapproval, within 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 to 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 other wise expressly directed in the veto." Sec. 2. The first paragraph of section twenty-five of the same Act is amended to read as follows: "Sec. 25.
The city attorney — His powers and duties. — The city attorney shall be
the chief legal adviser of the city. He shall receive the salary
provided for in Republic Act Numbered Eight hundred forty. He shall be
assisted in the discharge of his duties by an assistant city attorney
who shall receive a salary of three thousand three hundred pesos per
annum. The city attorney shall have the following powers and duties." Sec. 3. The first paragraph of section twenty-six of the same Act is amended to read as follows: "Sec. 26.
The Chief of Police — His powers, duties and compensation. — There
shall be a chief of police who shall have charge of the police
department and who shall receive the salary provided for in Republic
Act Numbered Eight hundred forty. He shall be assisted in the discharge
of his duties by an assistant chief of police, who shall receive a
salary of two thousand four hundred pesos per annum. The chief of
police shall have the following general powers and duties:" Sec. 4. This Act shall take effect upon its approval.cralaw Approved: June 20, 1959 |
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