Percentage of salaries allowable for fifth class municipalities

Title

Language

English

Source

I (10&11) October-November 1949

Year

1949

Subject

Municipal officials & employees -- Salaries, etc. -- Tubay (Agusan del Norte)

Rights

In Copyright - Educational Use Permitted

Abstract

In the Revised Administrative Code, the municipalities are divided into five classes, since the classification for the municipality of Tubay has not been made, the administrative practice of computing the maximum amount allowable to be used by 5th class municipalities for salaries and wages based on that fixed for 4th class municipalities.

Fulltext

governments are authorized to issue licenses to qualified fishing operators using vessels of three tons or less. Other municipal fishery income may be derive! from the lease of bafigos fry grounds, municipal fishponds, fisherman's licenses, taxes on fishing gears, aside from the indirect revenue being derived from market fees and fish-drving establishments doing business in the municipality. In the execution of the Fisheries Law, the National Government is particularly taking care of the protection and conservation of the fishery wealth of the nation and even for these alone, the National Government should be allowed to share in the revenue derived from fishing and fisheries. In view of the foregoing, this Office cannot recommend favorable consideration of Resolution No. 2, series of 1947 of the Municipal Council of Madridejos, Province of Cebu.-2nd Ind., Feb. 28, 1947, of Undersecretary of Agriculture and Commerce to Sec. to the President. PROVINCIAL BOiARD NOT EMPOWERED TO REGULATE EXPORTATION OF LUMBER NOR TO IMPOSE FEE ON BUSIKESSES,-Resolution No. 145, current series, of the Provincial Board of Negros Occidental, provides for the collection of a permit fee of P5 for every 1000 board feet of lumber obtained from that province and exported to other provinces and for the apportionment of the proceeds thereof between the province (75'.c() and the municipality (25'.() where the lumber is loaded for export. Resolution No. 146, current series, of the same Provincial Board provides for the collection of a fee of P5 for every 1000 board feet of lumber mill or forest concessionaire, the proceeds to accrue to the province and the municipality where the factories are located on the basis of 60 '.~ and 40(/C, respectively. As the provincial governments are not vested wit}) the power to regulate the exportation from the province of lumber or any other article, and/or the power to impose a fee on businesses and occupations either for regulatory or revenue purposes, it is evident that the said resolutions are ultrn vires and, Page 506 therefore, null and void ab initio. In connection with Resolution No. 145, attention is invited to the fact that even the municipalities are prohibited under Section 2287 of the Revised Administrative Code to impose a tax in any form whatever upon goods and merchandise carried into the municipality, or out of the same. In view of the foreging, this Depart::nent will instruct the 1P~ovincial Treasurer of Negros Occidental to refrain from collecting the fees provided in the said resolutions.-3rd Ind., Nor. 11, 1946, of Undersecretary of Finance to Sec. of the Int. DESIGNATION OF PROVINCIAL BOARD MEMBER AS ACTING PROVINCIAL GOVERNOR-WHAT HE MAY CLAIM- .. it is desired to state that in accordance with the Provincial Circular (Unnumbered) dated August 20, 1947, of 'this Department on the subject: "Acting Governor in a specially organized province, Designation of", such designation should be without pay. However, l\'lr. Dacuycuy may collect the usual per diems as !Board Member for attendance at the sessions of the Pro,·incial Board. If .Memebr Dacuycuy is not a resident of the City of Darno, he may be reimbursed of his actual expenses for subsistence and lodging during his stay in the provincial capital in his capacity as aoting flrovincial Go._·ernor, at the rate not exceeding PS.00 a day during the period he actuall;1- actrd as such !Ac.ting Gowrnor of Davao, except on days when the !F~·ov:indal Board held sessions in which case, :Nlr. Dacuycuy ma:v be entitled only to his regular per diems as Board Member.From letter dcited July 18, 1949, of U11dersecretar11 of Intevior to Provincial Governor of Dai•ao. PERCENTAGE OF SALARIES ALLOW ABLE FOR FIFTH CLASS MUNICIPALITIES. - 'While sub-sec. ·:·ion (d) of Section 2614 of the Re\"ised Administrative Code divides the municipalities in the specially organized provinces into five classes, namely, 1st, 2nd, 3rd, 4th, and 5th, the same Code THE LOCAL GOVERNMENT REVIEW in its Section 2615 providing for the maximum salary rates for the municL pal officials fails to provide for such rates for the officials of fifth class municipal:ities. The records of this Department show that the initial classification of Tubay as a fifth class municipality under Republic Act No.130 ha~ not yet been made. -~ ssuming, however, that Tubay is a fifth class municipality and in line with the administrative practice of computing the maximum amount allowable to be expended by 5th class municipalities for salaries and wages on the basis of that fixed for 4th class municipalities, .this Department will interpose no objection, to the municipal council thereof fixing the rnJarie'3 of its mayor and municipal secretary, and the provincial board fixing the salary of the municipal treasurer at the rates not exceeding- the limits fixed by Section 2615 of the Adrninistrati\"e Code for the official5 of 4th class municipalities, provided funds ther~for are available.-211fl Ind., Nov. 5, 1947, of Sec. of the Int. to Sec. of Finance. · . · NAMING OF 1 FUBLIC PROJECTS, POLICY ON.-I wish to inform you that, l'.s a matter af policy, the Pre.~ident does not fr.vor the n~ming of public projects after living persons.From letter dnted July IO, 1947, of As. ~·ista.nt Sec. to the President, to the llf1111icip<1l Council of Lucena, lloilo. EXECUTIVE DETER:WIN A TIO NS STREETS, USE OF'; HOW' TO CLOSE s_urn FRO:\I PUBLIC SERVITUDE-"The reasons given are stated in the following whereases of the doresaid council's resolution No. 18, quoted ipsissimis verbis, to wit: "WJIEREAS, the municipal council of Bulan, Sorsogon, is fully convinced that numerous people are crowding along the streets from National Road . . . to the Market . . . , and WHEREAS, to be aware from any dangerous precedent in the future it is demmed wise by this council to pass and approve, as it is hereby approved, to close TRA!F'FIC to the streets mentioned above.' OCTOBER-NOVEMBER, 1949 "In our opinion these reasons are vague and not sufficient to justify the prohibi:tion of traffic in said sector. lt should be borne in mind that public streets are held by the municipality in trust for 1he general public and every individual, without distinction, is entL tied to the lawful use thereof, subject to such restriction, only as may be nece'sary for the exercise by the municipality of its police powers. "As affirmed in a Lousiana case more than a cerntury ago the use d streets belongs to the public; the u<:e of them belongs to the whole world'; and the public right goes to the full width of the street and extends indefinitely upward and downward: Therefore, the municipal authorities are obligated to prevent obstl'uc_ tion of them which preclude or hamper the public use. In the control of streets and puhlic highways the municipality is a trustee for the entire public, and as trustee it should permit nothing to be done that will in. terfere with ,the condition of the streets or their free use bv all alike." (Section 981, V'ol. III, - McQuillin, Mun. Corp., 2nd Rev. Ed.) 'In this connection, we received a protest from Mr. x x x against the closing of the streets in question to traffic, wherein it is stated that the said streets :ire being used for market purposes . If this is .true, attention is drawn to the fact that streets cannot be used for market purposes. On this point, the fo)lowing observations are illuminating: "But power to a municipal corpora. tion to establish markets and build market-houses will no1t give the authority to build them on a public street. Such erecit:ions are nuisances, though made by the corporation, because the. street, and the entire street, is for the use of the whole people. They are nuisances when built upon the streets, although sufficient space be left for the passage of vehicles and person:s. Such erections may, it seems, be legalized by an ex.µress act of the legislature. But unless so legaHzed, a nuirnnce erected and maPage 507

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