Municipal affairs subject to action by national or provincial authorities.pdf

Media

Part of The Local Government Review

extracted text: MUNICIPAL AFFAIRS SUBJECT TO ACTION BY NATIONAL AND UR PROVINCIAL AUTHORITIES (Compiled by Juan F. Rivera, Chief, Provincwl Dii>ision, Department of the Interior amd Member: Mal.acanan Legislative Assistance Committee and Technical Negotiators on Delimitation of U. S. M~litary & Naval Bases in the Philippines) 1. Municipal boundary disputes shall be decided by the P.rovincial Board or 1B:oards concerned, subject to appeal to Secretary of the Interior whose decision is final. (Sec. 2167, Adm. Code). 2. GlasS'ification of municipalities or readjustmeut thereof to be authorized by the President of the Philippines. (R.A. 130). 3. Additional municipal councilors of a municipality raised in class shall be appointed by the President of the Philippines. (C.A. 633). 4. Temporary vacancy in any elective municipal office to be filled by 'Provincial Governor with the consent of the Provincial -Board; vacancy as a result of the death, resignation, removal .or cessation of the incumbent, by the President of the Philippines upon recommendation of the political party of the officer to be replaced, save in the case of. a mayor, which shall be filled by the vice-mayor. (Sec. 21 (a) & (b), Rev. Election CodP J R.A. 180). 5. Resignation of elective municipal officer is subject to approval of the provincial board. (Sec. 2182. Adm. Code). 6. Salaries of municipal treasurers shall be fixed by the provincial board. (Sec. 2183, Adm. Code). 7. Decisions of provincial board with regard to salaries and per diems of. municipal officers may be appealed by the municipal officer or council concerned or any board member to the Secretary of the Interior whose decision is final. (Sec. 2184, last par., Adm. Code). 8. The municipal council, with the approval of the provincial board, may JUNE, 1949 require that the municipal treasurer shall, in addition to the regular duties of his office, perform the duties of municipal secretary. (Sec. 2185, Adm. Code). 9. Additional compensation may be paid to 1he municipal treasurer designated as acting municipal secretary in an amount fixed by the municipal council, with the approval of the provincial board, in not exceeding 75 % of the sum of the salaries attached to the two offiJO. 11. 12. ces. (Sec. 2185,_ id.) Additional compensatfon may be granted to the municipal treasunir as deputy provincial treasurer by the pro·vincial board out of provinc.ial fonds, subject to approval by the Secretary of Finance. (Sec. 2186, Adm. Code; C. A. 78; E. O. 167, s. '38 and E . 0. 94, s. '47). A per diem not to exceed two pesos for each day of regular session of the council cictually attended may be granted by the municipal council to the vice-mayor and each councilor, subject to approval of the provincial board and. the Secretary of the Interior. (Sec. 2187, 1st par., Adm. Code). Duri• ng an authorized or justified absence of municipal mayor, the vice-mayor or a councilor temporarily discharging duties of mayor may receive compensation i.n an amount to be fixed by the council, with the approval of the provincial governor, not exceeding the salary of the mayor for the same period, provided per diems for attendance of the sessions of. the council shall not be paid to such vice-mayor or councilor. (Sec. 2187, last par., id.) Page 319 13. Provincial governor shall receive and investigate complaints made under oath against municipal officers for neglect of duty, oppression, corruption or other form of maladministration of office, and conviction by final judgment of any crime involving moral turpitude. Fo.r minor delinquency he may reprimand the offender. (Sec. 2188. Adm. Gode). 14. Provincial governor may suspend a mu.nicipal officer (not be!ng ~he municipal treasurer) pendmg mvestigation by the Provincial 1B-0ard of the chai;ges preferred against such municipal officer if the char· ges affect the official integrit~ of the same officer. (Sec. 2188, 1d.) 15. Provincial !Board shall hear and investigate the truth o~ falsity . o_f charges preferred agamst mun~c~ pal officer other tha.n the mumc1pal treasurer. (Sec. 2188, id) 16. Suspension of accused for .more than thirty days may be contmued in case of conviction until the Secretary of the Interior sh'.111 other· wise direct or the .case fmally decided by the said Secretary. (Sec. 2189, Adm. Code). 17. If the provincial board shall adjudge that the charges are not s~s tained the proceedings shall be dis_ missed· if it shall adjudge that the acc~sed has been guilty o.f .mis· conduct which would be suff1c1ently punished by reprimand. or further reprimand, it shall ~1rect the provincial governor to deliver su.ch reprimand in pursuance of its judgment; and in either case the official, if suspended, shall be. reinstated. (Sec. 2190, 1st par., 1d.) 18. If. the case requires severe disc~ pline and in case of apI_>eal, certi· fied copies of the record m the case shall be forwarded to the Secr:-tary of the Interior, together with the recommendation of 1he board '\O to whether the official oughl to be suspended, further sus.pended, or finally dismissed from office · and in such case the board may' exercise its discretion to rePage 320 19. 20. 21. instate the official, if suspended., (Sec. 2190, last par., id.) The Seeretary. of the Interior shall review the case without unnecessary delay and shall make such order for the rei;nstatement, dismissal, ·suspension, or further suspension of the official. Disciplinary suspension made upon order of th~ Secretary of the Interior shall be without pay. No final dismissa; shall take effect until recommended by the Secretary of the Interior and approved by the President of the Philippines. (S~c. 2191, id.) A municipal officer suspended from duty pending an i:nvestigation of charges agai,nst him shall receive no pay during such suspension; b11t. upon subsequent exoneration or remstatement, the Department Head may order the payment of the whole or part of the salary accruing during such suspension. (Sec. 21!)?, id.) Upon receiving information to the effect that any municipal officer is guilty of official misconduct involving criminal or civil liability of such character as to make ad· visable the institution• of judicial proceedings, the provincial gO'Vernor shall direct the provincial fiscal to institute such proceedings. (Sec. 2193, Adm. Code). (To be continued) THE LO-CAL GOVERNMENT REVIEW
Rights