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extracted text: TllE MUNICIPAL LAW (Chapter 57 Title IX, Admin"istrative Code of 1917 as amended up to 1949) · Edited by Juan F. Riverci PRELIMINARY ARTICLE.- Title of agr.eement if possihle, but, in the event Chapter of their failing to agree, an appeal shall SEC. Z164. Title of chapter. -This be had to the Secretary of the Interior chapter shall be krnown as the Munici- whose decision shall be final. pal Law. [2657-- 21113.] ARTTICLE !.--General provisions SEC. 2168. Begimrui,n·g of corporate SEC. 2165 - Corporate powers of existence of new mwnricipality. - municipalities. - MunicipaJ.ities are po· !Where prov.is.ion is made for the crealitical • bodies· corporate, and as such tion or organfzation of a new municiare endowed with faculties of munici- pality, it ·shall come into existence as a pal cor.poration.s, to be excercised by and seperate corporate body upon the quathrough their respective municipal gov- lif.ication of the mayor, vice-mayor, ernments in conformity with law. and a majority of the counci.Jors, unless It shall be c·ompetent for them, in some other time be fixed therefor by their proper corporate name, to sue anrd Jaw. be sued, to contract and be contracted When a township or other local terriwjth, to acquire and hold real and· · per- torial divisions is converted or fused insonal property for municipal purpos·es, to a municipality all property rights and generally to exercise the powers vested in the original territorial orgahereinafter specified or otherwise con- r.i~ation shaJ.l become vested in the govferred upon them by law. ernment of the municipality. [2657- 2111; see Commonwealth Act [2657- 2114; C. A·. 233- 3; see sec. No. 41.] 2, Act 2824.] SEC. 2166. Municipal subdivisions. ARTICLE IL-Organization of muni-The municipality shall be div·ided in- cipal gover;tment to barrios anrl for administrative ·pur· SEC. 2169. Chief officials of mum:poses these may be grouped into dis- cipal government.- The chief officials tr~cts. The number of districts· in the of the municipal government are the municipality shall be equal to the num- mayor, the vice-mayor, the treasurer, ber of councilors, including the vice-ma- and the councilors. yor. • With the exception of the treasurer, [2657- 2112; C. A. 233- 3.] these officers shall be elected by the SEC. 2167. Municipal boundary dis- qualified voters of the munidpa!ity. putes -How settled.-Disputes as to [2657-2115; C. A. 233-3.] jurisdiction of municipal government SEC. 2170.Classification of mumciover places qr barrios shall be decided }Jolities-Number of councilors.- Muby the provincial boards of the pr-ovin- nicipalities are divided into five classes, ces .in which such munkipalities are according to their receipts, as follows: situated, after an investigation at Municipaliti.es of the first class shall be which the municipalities concerned those the annual receipts of which ashall be duly heard. From the decision veraged fifty thou.sand pesos or more of the provincial board app2al may be during the last three years, and shall taken by the municipality aggrieved to have e~ght councilors; of the second t~~ Secretary of the Interior, whose ! de- class, those the annual receipts of which c1s-10n shall be final. l\Vlhere the places averaged thirty thousand pesos or or bar·rios in dispute are daimed by more, but J:ess than fifty thousand ~unicipalities situated in different pro- pesos, during the last three years, and v~nces, the provincial boards of the .pro- ~hall have eight counci.Jors·; of the third vmces concerned shall come to an class, those the annual receipts of DECEMBER, 1949 Page 621 which averaged £,if.teen thousand .pesos or more, but Jess than thirty thousand ,pesos, during the last three years, and shall have six councilors; of the fourth class, those the annuail receipts of which av.eraged five thousand pesos or more, but less· than fifteen thousand pesos, dur,ing the last three years, and shall have six councilors; of the fifth class, those the annual receipts of which averaged les·s than five thousand pesos during the last three years, and shail have tour councilors; m case the clas·s of a municipality is raised as herein prescribed, the first additional councilors needed to complete the number corresponding to its new class shall be appointed by the .Pre<:·ident of the Philippines. The persons so appointed shall hold office until their succe2sors are duly elected at the regular election next following the change of class and have qualified. If a municipality is re· duced in class· all the councilors in office shall be allowed to serve out their full term. In case of death, resigna· tion, or· removal of any. such councilor the vacancy thereby caused shall not be filled un.less vacancy reduces the num· ber of councilor.s below that 'prescribed for the new class, in which case the vacancy shall be filled .in accordance with sub.section (b) of section 16 of Com· monwealth Act No. 357, !known as the Election Code. [2657_.:_2116 ; 3261-1 ; C. A. 633; and Republic Act No. 80; see Republ,ic Act No. 130, 'published at page 14, Vol. I, No. 1, Local Government Review.] 1. See sec 21 (6), Rep. Act 180 (The Revised Election Code). SEC. 2171. Change of amount of re_ ceipts as affecting . classification of municipalities - IEt.eginning with the year nineteen hundred and twenty-five and for each period of three consecutive years after .saiid date, the Secretary of Interior shaill order the classification of the municipalities readjusted in accordance with the rules estabJ,ished in the last preceding section.· [2657- 2117; 3261- 2; See Republic A ct No. ·130, published at page 14, Vol I, No. 1; Local Government Review.] Page 622 SEC. 2172. Additional councilors for miinicipality passing to higher class. ~[Repealed by C. A. 357-184.] SEC. 2173. Reduction in number of councilors for mwruicipality passing to lower class.-[Repealed by C. A. 357184.] [2657-2119.] ARTICLE IIL-Muruicipal offices arul officers in general SEC. 2174. Qualifications of elec· tive miinicipal officer.- An elective municipal officer must, at the time of the election, be a qual~lfied vo)ter iin his municipality and mu,st have been resident therein for at least one year; he must be loyal to the United States, and not les·s than twenty-three years of age. He must ailso be able to read and write intelligently either Spanish, English, or the local dialect. [2657-2120.] SEC. 2175. Persons ineligible to municipal office.-In no case shall there be elected or a,ppointed to a mu.nicipal off,ice ecclesiastics, soldiers in active S ·ervice, persons receiving salaries or compensation from ,provincial or National funds, or contractors for pub· lie works of the municipality. [2657--,2121.] SEC. 2176. Inhibition against holding of pecuniary interest of municipal Officia.', exceptions.-It shall be unlawful for a mundcipal officer-to possess a pecuniary in;ternst, either <;lirect or indirect, an any municipal contract work, or other municipal business., or to hold such interest in any cockpit or other game l'icensed by municipal authority, but the Vice-Mayor when not acting as or ,performing the duties of foe Ma· yor, and· the councilors when not attending .sess-ions of the council, may be employed in National or prov;incial public works within the province in which they reside and may receive compensa· ti'On therefrom in addition to the per diems authorized by section twenty-one hundred and eighty-seven of this Code. [2657-2122; Rep. Act 383-1.] SEC. 217"7. Term of elective ofiic31-. -[Repealed by Commonwealth Act No. 357-1~4.J DECEMBER, 1949 [2657-2123 ; 3879-2 ; C. A. 2331.] 1. See Sec. 7, Revised Election Code (1947) ::>EC. 2178. Term of appoirvtive of· ficer.-An ofJ icer appointed by the mayor shall, in the absence of special ·provis·ion, hold until the end of the term of the mayor making the appofotment and until his own successor is appoint· eel and qualified, unless prior thereto he shall resign or be removed according to law. Other appo~ntive municipal officer shali hold until i·esignation or removal from office according to .Jaw. [2657- 2124; C. A .. 233-3.] SEC. 2179. Change of te?~·itory as r1ffecting tenure of office. - iWhen a part of a ba rrio is detached from a mu· n:icipality or to be added to an existing municipality any officer of the old municipality livin.g in the detached territorv may continue to hold th's offic:e Hnd exert the ftinctions thereof for the remainder of his term; but if he is re· sidP.nt of a barrio the whole of which is detached, his office shall be deemed to be vacated. f2657- :125.] SEC. 2180. Vacancies in murvicipal office. - [R€pealed by Commonwealth Act No. 357-184.] [2657-2126; C. A. 233-3.] 1. See Sec. 21, Revised Election Code (1947) . SEC. 2181. Declaration of vacancy 'tn elective mwruicipal office.- Should any t lective municipal offic~r h3come permanently incapacitated for the proper discharge of his dutie~ during his· term of office, through accident or disqease, hi.s office may be declared vacant by the vote of a major.ity of all the members of the council. [2657-2127.] S.EC. 2182. Resignation of municipal officei·.- Any elective municipal officer who has qualified may be allowed to resigm in the interest of the public ser· vice, with the approval of the prov·incial board. r2657-~128.] SEC. 2183. Salaries of municipal DECEMBER, 1949 officer.-The salaries of the mayor and · munici.pal secretary shall be fixed by · the council; that of the municipal trea· surer by the provincial board. [2657-2129; C. A" 233-3.] SEC. 2184. Maximum limit of salaries. - FIRST CONGRESS OF THE REPUBLIC OF THE PHILIPPINES Second Session H. No. 230 S. No. 77 [REPUBLIC AcT No. 103] AN ACT INCREASING THE MAXIMUM LIMIT OF THE SALARIES OF MAY 0 RS, SECRETARIES AND TREASURERS OF MUNICIPALITIES IN REGULARLY ORGANIZED PROVINCES, AMENDING FOR THIS PURPOSE SECTION TWENTY-ONE HUNDRED AND EIGHTY-FOUR OF THE RE. - VISED ADMINISTRATIVE CODE. AS AMENDED. Be it enacted by the Senate and House of Representatives of the Philippines in Congi·ess assembled: SECTION 1. Section twenty-one hundred and eighty-four of the Revised Administrative Code, as amended, is further amended to read as follows: "SEC. 2184. Maximum limit of salaries.-Except as otherwise specially provided, the annual salaries of municipal officers shall not exceed the amounts herein-below fixed : ''In municipalities of the first class : for the mayor, twenty-four hundred pesos ; for the municipal se~retary, 10urteen hundred and forty pesos; and for the municipal treasurer, twentyune hundred and sixty pesos, of which fourteen hundred and forty pesos shall be payable out of municipal funds in his capacity as municipal treasurer, and seven hundred and twenty ·pesos out of provincial funds in his capacity as deputy o'f the provincial treasurer. "In municipalities of the second class : for the mayor, twenty hundreu and forty pesos ; for the municipal secretary, twelve hundred pesos ; and for the municipal treasurer, sixteen hundred and · eighty pesos, of which eleven hundred and twenty pesos shall be payable out of municipal funds in his capacity as municipal treasurer, and five Page 623 hundred and sixty pesos out of provincial funds in his capacity as deputy of the provincial treasurer: "In municipalities of the third clasR: for the mayor, sixteen hundred and eighty pesos; for the municipal secretary, nine hundred and sixty pesos; and for the municipal treasurer, fourteen hundred and forty pesos, of which nine hundred and sixty pesos shall be payable out of municipal funds in his capacity as municipal treasurer, and four hundred and eighty pesos out of provincial funds in his capacity as deputy of the provincial treasurer. "In municipalities of the fourth class: for the mayor, fourteen hundred and forty pesos; for the municipal secretary, seven hundrecj and twenty pesos; and for the municipal. treasurer, twelve hundred pesos, of which eight hundred pesos shall be payable out of municipal funds in his capacity as municipal treasurer, and four hundred pesos out of provincial funds in his capacity as deputy of the provincial treasurer. "In municipalities of the fifth class. for the mayor, twelve .hundred pesos; for the municipal secretary, six huudred pesos; and for the municipal treasurer, nine hundred and sixty pesos, of which six hundred and forty pesos shall be payable out of municipal rnnds in his capacity as municipal treasurer, and three hundred and twenty pesos out of provincial funds in his capacity as deputy of the provincial treasurer. "From the decisions of the provincial board with regard to salaries and per diems o'f municipal officers, the municipal officer or council .concerned or any member of the provincial board having expressed his disconformity when the resolution objected to was passed, may appeal, and such appeal shall, within ten days after his receipt by the provincial board, be forwarded to the Secretary of the Interior or the Secretary of Finance, as the case may be, whose decision shall be final." SEC.2. Provincial boards and municipal councils that have already submitted their budgets for the current fiscal year may, for the purposes of this Act, recall said budgets to make the necessary adjustments in conformity with the scale of salaries provided for in Page 624 this Act. . SEC. 3. This Act shall take effect upon its approval. Approved, June 2, 1947. [2657~2130; 3261-.:3;4007-33; C. A. 233-3 ; Rep. Act, No. 103] SEC. 2185. A diditional compensation for miirvicipal treasurer acting as municipal secretary.L..,The municipal council with the approval of the provincial board, may require that the municipal treasurer shall, in addition to the 1·eJrnlar duties of his office, perform the duties of muntlcipal secretary ;in which case he may be paid additional compensation in an amount fiX7ed by the municipal council, with the approval of the provincial board; but the compensation thus paid to the treasurer for his se!'viceE· in both capacities shall not exceed Eeventy-five .per centum of the sum of the salaries attached to the two offices. [2'657-2131.] SEC. 2186. Additional co. mpensation for treasurer irlJ the capacity of deputy provincial trea.surer. - A municipal treasurer may receive, for his services in the ca.pacity of deputy provlincial treasurer, such additio.nal compensation to be paid from provincial funds, as the provincial board may fix and the (Chief of the Executive Bureau) Secretary of Finance may approve. [3657-3132; See act 4007-33, C. A. 78, and Executive Order No. 94, S. 1947.] SEC. 2187. Compensation of vice· mayor and councilors. - Full pay for sick mayor.-The municipal council may, with the approval of the provincial board and the Department of the Interior, grant to the vice-mayor and each councilor a per diem not to exceed two pesos for each day of regular sessiion of the council actually attended by them; hut when, by reason of absence, s-uspen:sion., or other disability, the mayor ceases- to discharge the duties of his office, the :vice-mayor or councilor acting as mayor shall receive compensation equivalent to the salary of the mayor during the period of such service. T~e mayor S ·hall receive full salary DECEMBER, ~949 when absent from the municipality upon occasfon of any meeting of mayors convoked by the provincial board or when absent therefrom upon any other business the performance of which is required of him by express provisfon of law or competent administrative authority or if the genera,J funds· of the municipality permit w~en he is absent from his office because of illness con_ tracted through no fault of his own, provided the absence in the latter case does not exceed thirty days during the year, which fact ·must be attested by an affidavit of the interested party and by :i medical certificate or, if there be no physician in the locaiity, by a health officer's certificate; and if during suc.111 authorized or justified abs~mce the vicemayor or a counci.Jor t emporarily ctJs-' charges the local duties of mavor. the officer r 2nder'ng snch service may re-" ceive compensaiJion· in an amount to be :ru:xed by the rouncil, with the approval' of the provfocial · gove~nor, which amount shall not be in exiees·s of the salary of mayor for the same period: ProvW:ed, That per diems for attendance of the ses·sions of the counc'i<l shall not be paid to an officer rendering such service. IW!hen ab<sent from thier permanent stations on offidal business' other than attendance at the sessfon of the council, vice-mayor and councilors shall be allowed their actual expenses of travel with the approval of the provincial governor. [2657-2133; 3356-1; 3931-1 C. A. 233-3.J \To be contiruued) - - - . 000--AURORA A. QUEZON - Sacrifice yourselves in the interest of the needy. Don't expect reward from those· to whom you extend aid. The satisfaction of having done your duty is enough recompense. DECEMBER, 1949 A HINT TO PROVINCIAL GOVERNORS AND MUNICIPAL MAYORS When Mayor La Guardia of New York City was asked by reporters· whether he would be a candidate for PreRident of the U.S. in 1940, he replied: "It is a bad thing for a man holding one office to think about obtaining another office, It impairs his usefulness. It is like necking in a closed car on a moonlight night, after a good dinner and champagne. Don't start it." Could he be drafted? "Don't be silly. Nobody was ever drafted for any office any time, anywhere."-From. Time. MARCELO H. DEL PILAR - The education of the women stimulates and elevates that of the men ... because of their influence in the family as daughter, sister, wife or mother . . . They are not only a balm to the hardships of life but also an element that influences and guides men along the path of virtue, perversity or cowardice. Oable Address: LAS Office Address : 322-324 Zurbaran St. LAICO AUTO SUPPLY DIRECT IMPORTERS ESTAJB.LISHED SINCE 1932 AUTO SPARE PARTS Tel. 2-90-48 JOSE A. LAICO Manager & Prop. Res.: 1106 iFelix· Huertas =====·Sta. Cruz, Manila= JIMENEZ AUTO REPAIR SHOP !For customers satisfaction, come and try our active ·service. 2232 Oro1uieta and 703 Tayuman (!Branch) AGUSTIN JIMENEZ Proprietor Page 625
Date: 1949
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