Municipal corporations.
SEC. 37. Municipal corporations.—The provincial board of any province established under this Act may by resolution, approved by the department governor, organize any territory within the province as a municipality in accordance with the provisions of this chapter.
(a) Municipalities excepted.—Municipalities established within the Department of Mindanao and Sulu previous to the passage of this Act are continued and recognized as corporations unless otherwise reorganized in accordance with the provisions of this Act.
(b) Names and corporate powers.—Municipalities organized hereunder shall be known by the names heretofore adopted, unless otherwise specifically stated in the resolution of the provincial board approved by the department governor. Under such names they may sue and be sued, contract and be contracted with, acquire and hold real and personal property for the general interests of the municipality, and exercise all the powers hereinafter conferred upon them.
(c) Division into barrios.—Each municipality shall be divided into barrios. For the purpose of the first elections, existing barrios shall be recognized, unless expressly readjusted by resolution of the provincial board creating the municipality, which resolution shall fix the capital thereof, classification.
(d) Classification.—Municipalities of the first class shall be those which contain not less than twenty-five thousand inhabitants: Provided, however, That a municipality which is also the seat of a provincial government shall be considered as a first-class municipality regardless of the number of its inhabitants; of the second class, those containing eighteen thousand and less than twenty-five thousand inhabitants ; of the third class, those containing ten thousand and less than eighteen thousand inhabitants; of the fourth class, those containing less than ten thousand inhabitants.
(e) Department governor determines classification.—In case of controversy the department governor shall determine to which class a municipality shall belong.
Municipal salaries.
SEC. 38. Municipal salaries.—The president and municipal secretary shall receive such salaries as the council shall fix; the salary of the municipal treasurer shall be fixed by the provincial board: Provided, That the municipal treasurer may also act as a deputy of the provincial treasurer and receive such additional compensation therefor, to be paid from provincial funds, as the provincial board may fix and the department governor approve. Salaries shall not exceed the following rates:
(a) Municipalities, first-class.—In cases of municipalities of the first class: For president, one thousand two hundred pesos; for municipal secretary, eight hundred pesos; and for municipal treasurer, nine hundred pesos.
(b) Municipalities, second-class.—In cases of municipalities of the second class: For president, one thousand pesos; for municipal secretary, five hundred pesos; and for municipal treasurer, six hundred pesos.
(c) Municipalities, third-class.—In cases of municipalities of the third class: For president, eight hundred pesos; for municipal secretary, four hundred pesos; and for municipal treasurer, four hundred pesos.
(d) Municipalities, fourth-class.—In cases of municipalities of the fourth class: For president, six hundred pesos; for municipal secretary, three hundred pesos; and for municipal treasurer, three hundred pesos.
(e) Salary of acting president.—The salary of the president, during the period when the vice-president or a councilor performs the duties of president, shall be drawn by the vice-president or the councilor performing such duties.
(f) Honorary offices.—The vice-president and the councilors, except when serving as president, shall receive no compensation, their offices being honorary: Provided, however, That with the approval of the provincial board first had, the municipal council is authorized to fix the rate or rates for reimbursement of actual and necessary traveling expenses incurred by the vice-president and councilors in attending sessions of the council.
(g) Municipal treasurer as secretary; additional compensation.—Whenever the municipal treasurer shall, in any addition to the regular duties of his office, perform the duty of municipal secretary in accordance with section forty-five hereof, the municipal council shall fix the extra compensation which he shall receive therefor: Provided, That in no case shall the total salary received by the municipal treasurer from municipal funds exceed the limit fixed by law for salaries of municipal presidents, except as hereinafter provided. The eligibility of a municipal treasurer for his office shall be sufficient qualification for his performance of the duties of municipal secretary in accordance with the provisions of this paragraph.
(h) Maximum salary inadequate, may be raised.—When, by reason of exceptional circumstances, the maximum salary herein authorized for any nonelective municipal officer is found by the provincial board to be inadequate, that board may fix and the department governor approve such higher rate as may be necessary to secure and retain the services of a competent appointee, and such salary shall be paid from the funds of the municipality concerned, other provisions of this Act to the contrary notwithstanding.
Government, how vested.
SEC. 39. Government, how vested.—The government of each municipality established under this chapter is hereby vested in a president, a vice-president, and one representative from each barrio of the municipality who shall be designated as councilor.
The president, until otherwise provided by law, shall be selection of officers, appointed by the provincial governor subject to the approval of the department governor. The vice-president shall be chosen at large by the qualified electors of the municipality; the councilor of each barrio shall be chosen by the qualified electors of the barrio.
ARTICLE 15.—Municipal officers and employees.
Nonelective officers.
SEC. 40. Nonelective officers.—There shall be in each municipality a secretary, a treasurer, and such other non-elective officers and employees as the council shall deem necessary and provide for and the provincial board shall authorize: Provided, That in municipalities where the provincial board may deem it necessary for purposes of economy, the board may by resolution provide that the duties of municipal secretary and municipal treasurer shall be performed by one officer who shall be known as the municipal secretary-treasurer and who shall be appointed in the manner hereinafter prescribed for the municipal treasurer.
Municipal officers and employees in general.
SEC. 41. Municipal officers and employees in general.— All municipal officers and employees shall be subject to the following provisions:
(a) Oath of office.—Municipal officers shall, before entering on the duties thereof, take and subscribe to the following oath, which shall be filed with the municipal secretary and be by him recorded:
"I, ____________________, having been _____________ as _______________ of the municipality of _________________ in the Province of ___________________, do solemnly swear (or affirm) that I have the prescribed qualifications to hold office in said municipality; that I recognize and accept the supreme authority of the United States of America and will maintain true faith and allegiance thereto; that I will obey the laws, legal orders, and decrees promulgated by its duly constituted authorities; that I impose upon myself this obligation voluntarily, without mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter, so help me God. (Last four words to be stricken out in case of affirmation.)
_________________
(Signature of officer.)
"Subscribed and sworn to (or affirmed) before me this ___________________ day of ______________ 19______."
Such oaths shall be filed in the office of the municipal secretary.
This oath and all oaths required in connection with the administration of the municipal government may be administered by any officer authorized to administer oaths, or by any municipal officer appointed or elected under this Act, and no fee shall be charged therefor.
(b) Term of office.—All appointive officers and employees shall hold office during good behavior.
(c) Retiring officers; transfer to successors.—Every retiring municipal officer shall deliver to his successor in office, who shall receipt for the same in duplicate, all property, books, and effects of every description in his possession belonging to the municipality or pertaining to his office. One copy of the receipt shall be delivered to the retiring officer and the other copy shall be filed with the municipal treasurer. Any violation of this paragraph shall be punished with a fine not exceeding two hundred pesos upon conviction by a competent court.
(d) Additional powers and duties.—Every municipal Additional powers officer shall, in addition to the powers and duties in this Act expressly imposed and granted, have such further powers and perform such further duties as may be prescribed by law or ordinance.
Qualifications.
SEC. 42. Qualifications.—Municipal officers and employees shall have the following qualifications in general:
(a) President, vice-president, and councilors.—A president, vice-president, or councilor shall have the qualifications prescribed by law for elective municipal officers: Provided, That in the case of an appointive municipal president
it will be sufficient if he is a duly-qualified elector of the province.
(b) Secretary.—A secretary shall be able to read, write, and speak intelligently a local dialect generally understood
in the municipality, and the Spanish or English language.
(c) Ecclesiastics, soldiers, and so forth.—In no case shall there be elected or appointed to a municipal office ecclesiastics ; soldiers in active service; persons receiving salaries from provincial, departmental, or Insular funds; those who are delinquent in the payment of public taxes assessed after September fourteenth, nineteen hundred and five; or contractors for public works within the province.
ARTICLE 16.—The municipal executive.
The municipal president.
SEC. 43. The municipal president.—The municipal president shall be the chief executive officer of the municipality and shall have the following general powers and duties:
(a) Observation and enforcement of laws.—He shall take of care that all laws, ordinances, regulations, and resolutions in force in the municipality are duly observed and executed within the jurisdiction of the municipality.
(b) Authority over municipal officers.—He shall see that all other officers of the municipality faithfully discharge their respective duties, and to that end may, with the approval of the provincial governor, cause to be instituted any appropriate criminal action or take other proceedings to bring the attention of the proper superior officer to the derelictions of the municipal official.
(c) Recommendations to council.—He shall give to the municipal council from time to time such information and recommend such measures as he shall deem advantageous to the municipality.
(d) Meetings of council.—He shall preside at all meetings of the municipal council; shall have the right to vote on ordinances or other matters coming before the council only in the case of a tie vote; shall sign the secretary's record of the proceedings of each meeting of the council, at the same meeting at which same is approved by the council; and shall sign all ordinances and resolutions.
(e) Bonds, contracts, and so forth.—Re shall sign all bonds, contracts, and obligations of the municipality, pursuant to a resolution of the council, in each instance, unless otherwise herein provided.
(f) Appointments.—Re shall appoint, by and with the consent of the majority of all the members of the council, the municipal secretary, all nonelective municipal officers and employees that may be provided for by law or by ordinance with the exception of school-teachers, the municipal treasurer, and his subordinates: Provided, That the appointment of the municipal secretary and chief of police shall be subject to the approval of the provincial governor.
(g) Nominations.—He shall make all nominations at the first meeting of the council after assuming the duties of his office except for those offices and employments in which a vacancy may occur during his term. In case the council shall reject any of the nominations made by him, he shall be entitled to appeal to the provincial board whose decision shall be final. In case a vacancy occurs in any of the above named offices during the term of office of the president, he shall submit a nomination to the council at the first regular meeting after the occurrence of the vacancy.
(h) Judicial proceedings.—He shall cause to be instituted judicial proceedings to recover property and funds of the municipality wherever found or otherwise to protect the interests of the municipality, and shall cause to be defended all suits against the municipality, subject to the approval of the municipal council.
(i) Public order, calamities, and so forth.—He shall issue orders relating to the police or to public safety, and orders for the purpose of avoiding conflagrations, floods, and the effects of storms or other public calamities.
(i) Collection of taxes.—He shall assist the provincial treasurer and his deputies in the collection of taxes.
(k) Judicial powers.—He shall act as ex officio justice of the peace for the municipality in the absence of the justice and auxiliary justice of the peace therein, subject to the provisions and limitations of general law: Provided, That fees collected by him while acting as justice of the peace shall be covered into the municipal treasury.
(l) Inspection of barrios.—He shall st least once every three months visit every barrio within the municipality.
(m) Annual report.—He shall, on or before the tenth day of January of each year, prepare and present to the provincial governor an annual report covering the operations of the municipal government during the preceding fiscal year.
The vice-president.
SEC. 44. The vice-president.—The vice-president shall be a member of the municipal council and shall, during the temporary absence of the president from the municipality or his disability for any reason, discharge the duties of his office and exercise all his powers: Provided, That in case of death, removal, or permanent disability of the municipal president the vice-president shall act as temporary president until a new president is appointed and qualified, secretary.
The municipal secretary.
SEC. 45. The municipal secretary.—The municipal secretary shall have the following general powers and duties:
(a) Council meeting.—He shall act as secretary of the municipal council, whose meetings it shall be his duty to attend.
(b) Journal of proceedings.—He shall record all ordinances passed by the municipal council with the dates of the passage and publication of the same.
(c) Seal.—He shall keep the corporate seal and affix the same with his signature to all ordinances and other official acts of the president or council.
(d) Posting.—He shall cause each ordinance passed to -p°st>nK ordinances, be posted as herein provided.
(e) Documents, and so forth.—He shall have charge of all records and documents of the municipality for which ments' provision is not otherwise made, and shall, on demand furnish certified copies of all municipal records and documents
and collect and receive therefor a fee of ten centavos per one hundred words which shall accrue to the municipal treasury.
(f) Civil register.—He shall keep a civil register as prescribed for the regularly organized municipalities.
(g) Ordinances, resolutions, and so forth.—He shall, within thirty-six hours after any session of the council or the issuance of an executive order, forward a correct and certified copy of each act, resolution, and ordinance passed thereat, and of every executive order, properly numbered, to the provincial board. He shall also, within the thirty-six hours aforesaid, forward to the provincial treasurer a copy of each act, resolution, or ordinance authorizing or necessitating the collection of municipal revenues. He shall translate or cause to be translated each ordinance into the dialect generally spoken in the municipality and forward copies thereof to each municipal councilor.
(h) Other duties.—He shall perform such other duties as the president or council may direct.
ARTICLE 17.—Municipal council and councilors.
Municipal council; duties.
SEC. 46. Municipal council; duties.—There shall be a municipal council composed of the president, vice-president, and one councilor for each barrio.
(a) Meetings.—The council shall fix the times and places for its regular meetings, which shall be held once in every two weeks, and shall hold special meetings when called by the president. Any meeting, regular or special, may, in case the amount of business shall require, be adjourned from day to day until the business is completed. Meetings shall be open to the public unless otherwise ordered by an affirmative vote of a majority of its members.
(b) Rules of procedure.—It shall keep a record of its proceedings and determine its rules of procedure not herein set forth.
(c) Quorum.—A majority of the council shall constitute-quorum a quorum for the transaction of business, but a smaller number may adjourn from time to time. The ayes and noes 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 motion or resolution.
(d) Ordinances, resolutions, and so forth.—-The affirmative vote of a majority of all the members of the municipal council shall be necessary for the passage of any ordinance or any resolution, or motion directing the payment of money or creating liability, but other measures shall prevail upon the majority vote of the members present at any meeting duly called and held. Each ordinance shall be sealed with the municipal seal, signed by the president and municipal secretary, and duly recorded. Each ordinance shall, on the day after its passage, be posted by the municipal secretary at the main entrance to the municipal building and shall take effect and be in force on and after the tenth day following its passage, if no date is fixed in the ordinance.
(e) Passing on nominations.—At the first regular meeting after the appointment or election and qualification of a new president, the council shall pass on his nominations of nonelective municipal officers and employees and shall prescribe the duties of all appointive municipal officers and employees when not determined by this Act or municipal ordinances.
(f) Annual report and budget.—During the month of January of each year the council shall prepare and present to the provincial treasurer for approval a report in itemized form and in detail:
(1) Inventory.—An inventory of land, buildings, and other property, real and personal, belonging to the municipality, including cash in the treasury.
(2) Liabilities.—A statement of the liabilities of the municipality.
(3) Revenues.—An estimate of the revenues of the municipality from all sources for the ensuing fiscal year, with a statement opposite each item of the amounts realized from such sources during the preceding twelve months.
(4) Ordinary expenses.—An estimate of the ordinary expenses for the ensuing fiscal year with a statement opposite each item of the corresponding expenses during the preceding twelve months. The estimated expenses shall not exceed the estimated resources. This estimate shall include a statement of outstanding indebtedness, if such exists.
(5) Extraordinary expenses.—An estimate of such extraordinary expenditures as may be necessary for any purpose, the approximate total expenditure recommended, and the amount which it is expected to expend during the ensuing fiscal year; also an itemized statement of the extraordinary expenditures during the preceding twelve months.
(6) Additional estimate.—Expenses not provided for in the annual estimate can be incurred and paid only after the approval of an additional estimate therefor in the manner provided in this section.
The report and budget herein provided for may be modified from time to time and shall be in such form as may be prescribed by the provincial treasurer. In case the council is dissatisfied with the action of the provincial treasurer disapproving any item or items of the budget an appeal may be taken to the provincial board whose decision shall be final.
(g) Vacancies.—The provincial governor, with the advice and consent of the provincial board, shall fill temporary vacancies in the offices of vice president or municipal councilor, and whenever a president, vice president, or councilor is suspended shall appoint some person to discharge his duties until he is reinstated or until he is removed and the vacancy thus occasioned is filled. Whenever the election of an elective municipal officer shall have resulted in a failure to elect, or in the event of the death of a municipal officer-elect, prior to his taking office, or whenever any municipal officer-elect shall, for any reason, fail to qualify, the provincial board shall appoint a duly qualified elector of the municipality to fill the vacancy until his successor shall have been duly elected and shall have qualified for the subsequent term.
(h) Provincial board, supervision by.—The provincial board shall approve or disapprove any act, ordinance, or v resolution, orders of the municipal council, and executive order of the municipal president: Provided, however, That all health ordinances shall be subject to the approval of the chief health officer as provided in chapter one hereof. Any attempt to enforce such act, ordinance, resolution, or executive order, after the disapproval or suspension thereof, shall be brought to the attention of the municipal council, shall be sufficient ground for the dismissal of the officer or officers attempting to enforce the same. Should the council or the president be dissatisfied with the decision of the provincial board, an appeal may be taken by it or him to the department governor, who shall decide the same question which was presented to the provincial board and either affirm or reverse the decision of the provincial board. If the decision of the provincial board is affirmed, the act, ordinance, resolution, or executive order involved shall be null and void. If, however, he shall reverse the decision of the provincial board, then and in that case notice of his decision shall be given to the provincial board and to the council of the municipality appealing, and upon receipt of notice by the appellant, the act, ordinance, resolution, or executive order shall be revived and come into force again. Pending the decision on appeal from a decision of the provincial board annulling any act, ordinance, resolution, or executive order, the same shall have no force and effect. Nothing in this subsection shall be construed to deprive any judicial tribunal of power to hold void for want of statutory authority any act, ordinance, or resolution of a municipal council or executive order of a municipal president, the validity of which shall be involved in any cause arising before such tribunal, without respect to the decision of the executive authorities.
The municipal council; powers.
SEC. 47. The municipal council; powers.—The municipal council shall have power by ordinance or resolution:
(a) Appropriations.—To make necessary appropriations -appropriations, for the expenses of government of the municipality, and establish and fix therein the salaries of municipal officers and employees, except as herein provided.
(b) Property.—To purchase, receive, hold, sell, lease, convey, and dispose of property, real and personal, for the benefit of the municipality: Provided, That the express authorization of the provincial governor shall be necessary to alienate or constitute any lien upon any real property of the municipality, and, with the prior authorization of the department governor, to close in whole or in part any municipal road, street, alley, park, or square, and to devote the same to any municipal purpose, including those mentioned in Act Numbered Two thousand and twenty-nine, or to convey the same, with or without money consideration, to the department, province, or to the Insular Government for governmental purposes: Provided, however, That no road, street, alley, park, or square, or any part thereof, shall be closed without indemnifying any person prejudiced thereby.
(c) Levy, collections, and expenditures of taxes.—To provide for the levy and collection of taxes and other municipal revenues, as provided by law, and apply the same to the payment of municipal expenses in accordance with appropriations.
(d) Licenses and license fee.—To issue licenses fixing the amount of the license fee for the following:
Hawkers, peddlers, hucksters, not including hucksters or peddlers who sell only native vegetables, fruits, or foods, personally carried by the huckster or peddler, auctioneers, plumbers, barbers, tailor shops, bakeries, manicuring establishments, massage parlors, embalmers, collecting agencies, mercantile agencies, transportation companies and agencies, advertising agents, tattooers, hotels, clubs, restaurants, lodging houses, boarding houses, livery stables, boarding stables, laundries, cleaning and dyeing establishments, establishments for the storage of highly combustible or explosive materials, public warehouses, circus and other similar parades, public vehicles, bicycles, horse races, bowling alleys, pawnbrokers, dealers in second-hand merchandise, junk dealers, billiard tables, theaters, theatrical performances and all other performances and places of amusement, shooting galleries, slot machines not used for gaming, and merry-go-rounds; to license or prohibit dance halls; and the selling, giving away, or disposing in any manner of any intoxicating, spirituous, vinous, or fermented liquors, and determine the amount to be paid for such licenses: Provided, That nothing in this section shall be held to repeal or modify the provisions of Act Numbered Sixteen hundred and thirty-nine.
If after due investigation the president shall decide that any person licensed under the provisions of this subsection is abusing his license and privilege to the injury of the public morals or peace or that any place so licensed has been or is conducted in a disorderly or unlawful manner, or is a nuisance, or is permitted to be used as a resort for disorderly characters, criminals, or women of ill repute, he may by order summarily revoke such license, subject to appeal to the provincial governor, whose action on the appeal shall be final. Such revocation shall operate to forfeit to the municipality all sums which may have been paid for said license and to prohibit the issuance to the person whose license is revoked of any other license for a term which may be fixed in said order.
(e) Regulations for conducting business.—To make regulations for the conducting of the business of the persons and places named in subsection (d) of this section. To regulate the business and fix the location of blacksmith shops, foundries, steam boilers, steam engines, lumber yards, sawmills, and other establishments likely to endanger the public safety by giving rise to conflagrations or explosions; to regulate the storage and sale of gunpowder, tar, pitch, resin, coal, oil, gasoline, benzine, turpentine, nitroglycerin, petroleum, or any of the products thereof and of all other highly combustible or explosive materials.
(f) Public buildings.—To provide for the erection or rental of public buildings necessary for the use of the municipality.
(g) Schools.—To establish and maintain primary schools, subject to the limitations of law.
(h) Scholarships.—To grant scholarships to municipal teachers and male and female students in the municipality, under such conditions as it may deem convenient to prescribe, subject to the approval of the provincial board and the department governor.
(i) Building regulations.—To establish fire limits, and prescribe the kind of buildings and structures that may be erected within said limits, and the manner of constructing and repairing the same.
(j) Fire department.—To erect engine house, and provide fire engines, hose carts, hooks and ladders, and other equipment for the prevention and extinguishment of fires, and to provide for the management and use of the same: Provided, That until further provision is made, Act Numbered Seventeen hundred and thirty-three of the Philippine Commission, except as to the number of authorized volunteer firemen, shall apply to all municipalities.
(k) Lights, fires, and fireworks.—To regulate the use of and lights in stables, shops, and other buildings and places, and to regulate or restrain the building of bonfires and the use of firecrackers, fireworks, torpedoes, and pyrotechnic displays.
(I) Storms and calamities.—To make suitable provisions to insure the public safety from conflagrations, the effects ities' of storms, and other public calamities, and to provide relief for persons suffering from the same.
(m) Streets, sidewalks,plazas, parks,water supply,and so forth; special assessment.—To provide for laying out, opening, extending, widening, straightening, closing up, constructing, or regulating, in whole or in part, any public plaza, square, street, sidewalk, trail, park, waterworks, or water mains, or any cemetery, sewer, sewer connection or connections, either on, in, or upon public or private property; to provide for ascertaining whether any, and what amount in value, of damage will be caused, or benefit will accrue to the owner or possessor of any land, premises, or improvements; whether public or private, by reason of any such work and for which such owner or possessor should be compensated, or should pay a compensation, and provide for assessing, levying, and collecting, either generally on the whole assessable property within the municipality, specially on the property benefited, or on all the property within any stated area or district within the bounds of said municipality which it may create and establish for any such purpose, the whole, or any part of the amount of damages and expenses which, as so ascertained, will be incurred in and about any such work or construction as aforesaid within the bounds of said municipality; to provide for the payment of such compensation as may be found to be due to any person or persons entitled thereto; to provide, when the owners or possessors of such lands, premises, or improvements shall not properly and fully pay to such official and at such time or times and manner as it shall fix therefor any amount or amounts which may be found and declared to be due as and for such assessment as aforesaid, for filing in the proper and appropriate registers or records of property declarations of such amounts so found due, which amounts shall, in each and all cases and upon and after such filing, be and become liens upon and against such lands, premises, or improvements; that said liens shall have and take precedence over all other liens of every kind and nature whatsoever whether antecedent or subsequent in point of time, save and except annual or other regular tax liens; and that said liens shall be enforced and collected by the same officials, in the same manner and under the same penalties as to time and interest, as annual or other regular tax liens, and shall, when so paid or collected, be paid in and credited to the appropriate assessment fund, whether general or special, and be disbursed therefrom in such and no other manner as shall be provided in the ordinance creating such assessment and fund; to carry into effect by ordinance the powers hereinbefore granted in this subsection, but no ordinance shall provide for more than one project of any of the kinds named herein, nor create more than the one district, assessment, and fund necessary and appropriate therefor, and in each and every such ordinance provision shall be made for notice to any and all persons interested, giving them and each of them not less than two weeks from and after the date of depositing a notice in the post office at the municipality in a securely sealed post-paid wrapper addressed to each person affected thereby and assessed thereunder at his last known place of residence, or at the municipality if no place of residence is known, or to an agent who may be or may have been appointed by such-person in writing, in which to appear and file objection to either the work itself, the method or manner of assessment, the time or times and method of payment therefor, or to all thereof, and such other and further objection or objections as may seem to any such person or persons reasonable and proper in the premises; such notice shall set forth the nature of the proposed improvement, the estimated cost thereof, the total amount of the assessment to be levied therefor, and the amount to be levied upon each parcel of the property or possession of the addressee; any and every such appearance and objection shall be made and heard only before the municipal council, and said council may, at any such hearing, alter, modify, or increase the area of such district, the total assessment thereof, or any individual area or assessment objected to therein, and shall decide any and every such objection within ten days after the filing thereof and give notice of such decision to the person or persons interested in the manner hereinbefore provided for notice of such assessment within five days thereafter: Provided, That all assessments levied by virtue of this subsection shall be levied only upon the basis of the value of the land benefited and not upon improvements thereon, and that all valuations of any and all lands and premises made under the provisions hereof and for the purposes herein stated shall be the valuations thereof last regularly made for the purposes of annual taxation: Provided further, That no ordinance passed pursuant to the provisions of this section shall be valid or take effect until it shall have been approved by the provincial board and the department governor.
The decision of the municipal council upon any objections made by a property owner may in its discretion be reviewed by the Court of First Instance, upon an appeal thereto filed within fifteen days after receipt by such property owner of notice of the decision of the municipal council. The court may order the appellant upon application therefor, to execute and file a bond as the necessity of the case may require.
(n) Excess condemnation.—To acquire, take, condemn, or appropriate more land and property than is needed for actual construction in connection with any improvement herein authorized: Provided, however, That the additional land and property so authorized to be acquired, taken, condemned, or appropriated shall be no more than sufficient to form suitable building sites abutting on such improvement. After so much of the land and property has been appropriated for the improvement as is needed therefor, the remainder may be sold or leased. The municipal council is hereby further authorized and empowered to provide by general or special ordinance, the manner in which the power herein granted may be exercised, subject to the provisions of general law as to procedure: And provided further, That no ordinance passed pursuant to the provisions of this subsection shall be valid or take effect until it shall have been approved by the provincial board and the department governor.
(o) Streets; lighting, cleaning, care, and control.—To provide for the lighting, cleaning, and sprinkling of streets control of and public places; to prevent and remove encroachments and obstructions upon the same; to regulate or prevent the use of the same for processions, signs, signposts, awnings, and awning posts; to prohibit the throwing or depositing of offal, garbage, refuse, or other offensive matter in the same, and to provide for its collection and disposition; to regulate the openings therein for the laying of gas, water, Fewer, and other pipes therein, the building and repair of tunnels, sewers, and drains, and all structures therein and thereunder, and the erecting of poles and stringing of wires therein; to provide for and regulate crosswalks, curbs, and gutters therein; to name and change the names of the same, and provide for and regulate the numbering of houses and lots fronting thereon; to regulate traffic and sales upon the same; to abate nuisances in the same and punish the authors or owners thereof; to construct, maintain, and regulate the use of bridges, viaducts, and culverts; to prevent and regulate amusements having a tendency to annoy persons using the streets or public places, or to frighten horses and other animals; to regulate the speed of horses and other animals, vehicles, and locomotives within the limits of the municipality.
(p) Gas, electricity, telephones, and so forth.—To provide for the inspection of all gas, electric and telephone p ones< wires, conduits, meters, and other apparatus and the condemnation and correction or removal of the same when dangerous or defective.
(q) Watertvorks and ivater supply.—To maintain water works for the purpose of supplying water to the inhabitants of the municipality, to purify the source of supply, and regulate the control and use of the water, and to fix and collect rents therefor; to regulate the construction, repair, and use of hydrants, pumps, cisterns, and reservoirs, and to prevent the waste of water.
(r) Pounds, stray animals.—To establish and maintain a municipal pound and fix the fees for poundage; to regulate, restrict, or prohibit the running at large of domestic animals and fowls, and to provide for the distraining, impounding, and sale of the same for the penalty incurred and the cost of the proceedings or for killing in the event of failure of sale; also to impose penalties upon the owners of said, animals for the violation of any ordinance in relation thereto: Provided, That "large cattle" shall be disposed of in accordance with general law.
(s) Dogs, possession of, regulated.—To license, tax, and regulate the possession of dogs, and authorize the killing of the same when at large contrary to ordinance; to require owners of large cattle as defined by section one of Act Numbered Eleven hundred and forty-seven, sheep, goats, and swine to keep such animals from moving, running, or being at large except when in charge of some person of sufficient discretion, and to penalize infractions of such regulations by fine or imprisonment or both.
(t) Keeping and, use of animals.—To regulate the keeping and use of animals, in so far as the same affects the public health and the health of domestic animals.
(w) Insanitary property.—To require any land or building which is in an insanitary condition to be cleansed at the expense of the owner or tenant, and, upon failure to comply with such an order, have the work done, and assess the expense upon the land or buildings.
(v) Property below grade.—To fill up or require to be filled up to a grade necessary for proper sanitation any and all lands and premises which may be declared and duly reported by the health officer of the municipality as being insanitary by reason of being below such grade or which, in the opinion of the council, the public health or welfare may require.
(w) Drains, setuers, and so forth.—To construct and keep in repair public drains, sewers, and cesspools, and regulate the construction and use of private waterclosets, privies, sewers, drains, and cesspools.
(x) Burial of dead.—To prohibit the burial of the dead within the centers of population of the municipality and provide for their burial in such proper place and in such manner as the council may determine, subject to the provisions of Act Numbered Fourteen hundred and fifty-eight of the Philippine Commission.
(y) Slaughterhouses and markets.—To establish or authorize the establishment of slaughterhouses and markets, and inspect and regulate the use of the same; to provide for and regulate the keeping, preparation, and sale of meat, fruits, poultry, milk, fish, vegetables, and all other provisions or articles of food offered for sale.
(z) Enforcement of health laws and regulations.—To enforce health laws and regulations, and by ordinance to provide fines and penalties for violations of such regulations ; to adopt such other measures to prevent the introduction and spread of disease as may, from time to time, be deemed desirable or necessary.
(aa) Nuisances.—To declare, prevent, and abate nuisances.
(bb) Cockfighting.—To regulate and license or prohibit cockfighting and the keeping or training of fighting cocks, and to close cockpits subject to the provisions and restrictions of general law.
(cc) Ringing of bells.—To regulate and restrain the ringing of bells and the making of loud or unusual noises.
(dd) Police.—To establish, maintain, and regulate a police force subject to the provisions of section seventeen hereof, and the provisions of general law.
(ee) Prison.—To establish, maintain, and regulate a municipal prison.
(ff) Cruelty to animals.—To prohibit and provide for -«ueity to animals, the punishment of cruelty to animals.
(gg) Disorderly and so forth.—To suppress or houses, regulate houses of ill fame and other disorderly houses; to e prohibit the printing, sale, or exhibition of immoral pictures, books, or publications of any description.
(hh) Gambling, riots, and breaches of the peace.—To prevent and suppress riots, gambling, affrays, disturbances, and disorderly assemblies; to punish and prevent intoxication, fighting, quarreling, and all disorderly conduct; to make and enforce all necessary police ordinances, with the view to the confinement and reformation of vagrants, gamblers, disorderly persons, mendicants, and prostitutes, and persons convicted of violating any municipal ordinance.
(ii) Penalties for violation of ordinances.—To fix penalties for violation of ordinances, but no single penalty shall exceed a fine of two hundred pesos or imprisonment for six months, or both; imprisonment shall be imposed in lieu of unpaid fines at the rate of one day's imprisonment for each peso of the fine: Provided, That persons undergoing imprisonment for violation of ordinances may be required to labor for the period of imprisonment upon public works of the municipality in such manner as may be directed by the municipal council: Provided, further, That whenever a person is imprisoned for nonpayment of a fine he shall be released upon payment of such fine, less one peso per day for each day that he has been confined: And provided further, That persons charged with violation of a municipal ordinance who cannot be tried immediately after arrest, shall be released by the chief of police or his authorized agents either upon personal recognizance or a cash bond not exceeding fifty per centum of the maximum fine provided in the ordinance.
(jj) General welfare clause.—To make such further ordinances and regulations not repugnant to law, as may be necessary to carry into effect and discharge the powers and duties conferred by this Act, and such as shall seem necessary and proper to provide for the health and safety, promote the prosperity, improve the morals, peace, good order, comfort, and convenience of the municipality and the inhabitants thereof, and for the protection of property therein; and enforce obedience thereto with such lawful fines or penalties as the municipal council may prescribe under the provisions of subsection (ii) of this section.
Councilors.
SEC. 48. Councilors.—Each councilor shall have the fol- councilors, lowing general duties and powers:
(a) Information for barrios.—He shall keep the people for of his barrio informed as to the acts of the council, or other governmental measures which directly concern them, by bandillo or other method of appropriate or effective publication.
(b) Recommendation to the council—He shall bring the special needs of his barrio to the attention of the council
and shall make such recommendations as he may deem necessary.
(c) Important events.—Re shall promptly inform the president of any unusual or untoward event occurring within his barrio.
(d) Lieutenant of barrio.—He shall appoint one lieutenant for the barrio which comes under his immediate supervision. A lieutenant of barrio shall serve without compensation, and shall report directly to the councilor appointing him. It shall be the duty of the lieutenant of barrio to assist the councilor in the performance of his ministerial duties in his barrio. The term of office of the lieutenant of barrio shall be that of the councilor appointing him: Provided, That a lieutenant of barrio shall be entitled to have a cedula issued to him free of charge while performing his duties as such.
(e) Substitute lieutenant of barrio.—He shall also appoint a substitute lieutenant, who shall take the place of the lieutenant of such barrio during the temporary absence or disability of the latter.
ARTICLE 18.—Taxation and, finance.
The municipal treasurer.
SEC. 49. The municipal treasurer.—The municipal treasurer shall, until otherwise provided by law, be appointed by the provincial treasurer, subject to the approval of the provincial board, and shall perform the following general powers and duties:
(a) Receipts and accounts for moneys.—He shall receive all moneys paid to the municipality from any source whatever, and shall account for the same in accordance with law and administrative regulations.
(b) Account to district auditor.—He shall render such accounts as the district auditor may require of him.
(c) Office; keeping of money, and no forth.—He shall have his office in the municipal building and he shall keep in the municipal safe or strong box, which it shall be the duty of the municipal council to provide, all funds in his custody. Such moneys shall be kept separate and distinct from his own money, nor shall he be permitted to make profit out of public money or to lend or otherwise use it, or to use the same in any method not authorized by law. Any violation of this provision may be considered a malversation of funds, to be tried by a court of competent jurisdiction, in accordance with the provisions of general law.
(d) Deposit of funds.—He shall, when authorized by the department treasurer, deposit for safe keeping with the provincial treasurer such sums of money as he will not be obliged to use at once.
(e) Custodian of municipal property.—He shall be the custodian of all municipal property and shall keep a complete record thereof.
(f) Annual report.—He shall, during the first fifteen
days of January of each year, prepare in duplicate itemized statements of the income and disbursements for the preceding calendar year, one copy of which shall be transmitted to the provincial treasurer and the other to the municipal council.
(g) List of taxpayers.—He shall, within ten days after the passage of the ordinance by the council for the payment of licenses or privilege taxes, prepare a list of the names of the persons whose business, if continued, would render them liable to the license or tax and he shall transmit such list at once to the provincial treasurer, to enable him more readily to detect persons failing to pay the licenses and privilege taxes for which they shall have become liable.
(h) Appointment of clerks.—He shall appoint such clerks of and other employees as are necessary to aid him in the discharge of his duties when the number and salaries thereof are determined in the manner provided by this Act. In case it shall appear that the number or salaries authorized by the municipal council are manifestly inadequate, it shall be within the power of the provincial board, on application, to increase the number of clerks or employees or the salaries fixed by the municipal council therefor.
(i) Requisitions.—To make requisitions upon the provincial treasurer for necessary supplies or equipment, in accordance with the provisions of section thirty-four (h) hereof.
Revenues.
SEC. 50. Revenues.—The revenues of the municipality shall be devoted exclusively to local public purposes. They shall be derived in addition to those prescribed in section forty-seven hereof, from the following sources:
(a) Land taxes.—The assessment and collection of an -land taxes-ad valorem tax on all land, buildings, and improvements
in the municipality shall be made in accordance with the provisions and restrictions of the real property tax law, in force in the department.
(b) Fisheries and fishing privileges.—The granting of fisheries, other than pearl or shell fisheries, in fresh-water streams, lakes, and tidal streams, included within the municipality and not the property of any private individual, and in the marine waters included between two lines drawn perpendicular to the general coast line from points where the boundary lines of the municipality touch the sea at high tide, and a third line parallel with the general coast line and distant from it three marine leagues: Provided, That when municipalities are so situated on opposite shores that there is less than six marine leagues of marine waters between them the third line shall be a line equally distant from the opposite shores of the respective municipalities. Where fresh-water lakes are not included within the limits of any one municipality, or where freshwater or tidal streams form boundaries between municipalities, disputes which may arise as to the waters within which any municipality may exercise the right of taxing the granting of the privilege of fisheries shall be referred by each municipality to the provincial board of the province to which it belongs for settlement, subject to appeal to the department governor, whose decision shall be final.
(c) Rents and profits, municipal property.—Rents and profits from all property belonging to the municipality, tolls from ferries, municipal stables, markets, slaughterhouse, bath house, laundries, pounds, and cemeteries.
(d) Rentals of privileges.—Rentals for the privilege of establishing and maintaining the same.
(e) Tuition fees.—Fees for tuition in institutions of instruction, other than primary schools, founded and maintained solely by the municipality; but nothing herein shall require the charging of such fees.
(f) Frontage tax.—A uniform annual frontage tax to be imposed in the discretion of the municipal council within the commercial zone upon each person owning, or in case of doubt as to ownership, upon the person occupying land fronting upon a public thoroughfare, for each meter or part of meter of frontage, upon approval of the provincial board of the province in which the municipality is situated. The proceeds from such tax shall constitute a special fund which shall be expended only for the purpose of cleaning, repairing, and improving the public thoroughfares within the commercial zone in which it is imposed.
(g) Municipal fines; burial permits.—Municipal fines, and fees for the issuance of burial permits and permits for the removal of the bodies of deceased persons: Provided, That the charge made for each such permit shall not exceed fifty centavos.
(h) Building permits.—To issue building permits and to provide fees therefor.
General rides for municipal taxation and licenses.
SEC. 51. General rides for municipal taxation and licenses.—The following provisions shall be observed in the exercise of the right of taxation:
(a) Import and export tax prohibited.—It shall not be in the power of the municipal council to impose a tax in any form whatever upon goods and merchandise carried into the municipality, or out of the same, and any attempt to impose an import or export tax upon such goods in the guise of an unreasonable charge, wharfage, use of bridges, or otherwise, shall be void.
(b) Fixing and changing taxes.—All taxes, licenses, and fees imposed by the council shall be fixed by ordinance and may be changed from year to year, as the council may deem proper.
(c) Prepayment of licenses.—All licenses and privilege taxes shall be paid before the licensee or taxpayer shall begin the business or enjoyment of the privilege for which the license or tax is imposed by the ordinance.
(d) Termination of licenses, and so forth.—All licenses and privilege taxes shall terminate on the thirty-first of December of each year, and anyone beginning a business or exercising a privilege upon which a tax is levied by the council after the thirty-first of December shall be required, before beginning such business or exercising such privilege, to pay the license or tax for the quarters of the year which remain, to and including the thirty-first of December following. But all licenses and privilege taxes may be paid in quarterly installments without penalty during the first ten days of the quarter, at the election of the licensee.
(e) Fanning or leasing; collection by provincial treasurer.—No taxes, imposts, or other revenues of the municipality shall be leased or farmed except as provided in Act Numbered Sixteen hundred and thirty-four: Provided, That the powers therein conferred upon the Governor-General shall be exercised by the department governor. All imposts, taxes, revenues, fines, penalties, rents, debts due the municipality, license and privilege fees, and money or funds payable to the municipality for any reason or from any source whatsoever shall be collected and received by the provincial treasurer or his authorized deputies: Provided, further, That when the municipal treasurer is also a deputy of the provincial treasurer all such collections shall be made by him as such deputy: And provided further, That when the municipal treasurer is not a deputy of the provincial treasurer he may, as such municipal treasurer, make such collections as are in this Act specifically provided.
(f) Conducting business without license.—The council conducting business shall provide that any person conducting a business or enjoying a privilege without paying the tax required by its ordinances shall be punished by fine and imprisonment, after trial and conviction before the justice of the peace, as in other cases under the limitations prescribed in section forty-seven (ii) hereof.
(g) Collection of taxes.—It shall be the duty of the provincial treasurer, in person or by deputy, to receive payment of all revenues due to the municipality from any source whatever, in accordance with law and administrative regulations : Provided, That taxes collected by a deputy of a provincial treasurer shall not be transferred to himself in his capacity as a municipal treasurer but shall be turned over to the provincial treasurer or his deputy specially authorized for that purpose, who shall be other than the municipal treasurer.
(h) Turning over of revenues.—Taxes, imposts, and of other revenues of the municipality shall be turned over by revenues the provincial treasurer or his deputies, to the municipal treasurer, within a reasonable time after the collection thereof, together with an itemized statement showing the nature of the tax, impost, or other revenue collected and the respective amounts of same.
ARTICLE 19.—Municipal districts.
Special municipal governments.
SEC. 52. Special municipal governments.—In localities the majority of the inhabitants whereof have not progressed sufficiently in civilization to make it practicable to bring them under municipal government as provided in existing legislation, and wherever non-Christian settlements are so small or so remote that their organization as barrios of municipalities is impracticable, the department governor is authorized to organize municipal district governments and exercise jurisdiction over them through the provincial governors. In dealing with such non-Christian settlements, or members thereof, the department governor is authorized to appoint officers, to fix the designation of such officers, and to prescribe their powers and duties: Provided, however, That the powers and duties thus prescribed shall not be in excess of the powers conferred upon municipal officers by this chapter, except as provided in section eight (s) hereof.
Taxation.
SEC. 53. Taxation.—The provincial board is hereby empowered to prescribe the tax to be collected in municipal districts organized in accordance with section fifty-two hereof, subject to the approval of the department governor: Provided, however, That such taxes shall be within the limitations and restrictions imposed on municipal councils by chapter three hereof: And provided further, That in districts where no council is provided, the provincial board shall exercise all the duties and powers devolving upon municipal councils under this chapter.
ARTICLE 20.—Final and transitory provisions.
Elections.
SEC. 54. Elections.—For the purpose of the elections herein provided, the following shall govern:
(a) Election of third members.—For the purpose of the election of the third members of the provincial board, as provided in paragraph (c) of section twenty-two hereof, the Governor-General, upon the recommendation of the department governor, shall fix not later than three months after the passage of this Act a date which may be different for each province, for the election of third members of the provincial boards: Provided, however, That until a duly elected and qualified third member of the provincial board shall take possession of the office, the department governor shall appoint, by and with the consent of the administrative council, the said third member of the provincial board.
(b) Municipal elections.—The provisions of the Election Law, as amended, relating to the election of municipal officials, provided in section thirty-nine hereof, not inconsistent herewith, are hereby made applicable to the Department of Mindanao and Sulu with the following exceptions, to wit:
1. That the Governor-General, upon the recommendation of the department governor, shall fix a date for the general elections of municipal presidents not later than the date fixed for provincial governors herein provided: Provided, however, That nothing in this paragraph shall be construed to preclude the election of municipal presidents in municipalities organized under the provisions of Act Numbered Eighty-two.
2. That section thirteen (c) of said Act, shall, for the purposes of this Act, read as follows:
Those who speak, read, and write English, Spanish, or any of the local native dialects: Provided, That officers, soldiers, sailors, or marines of the Army or Navy of the United States shall not be considered as having acquired legal residence within the meaning of this section by reason of their having been stationed in the municipalities for the required six months."
(c) Term of office.—The provincial and municipal officers elected under this Act shall hold office until their successors qualify in accordance with the provisions of the Election Law. The term of office of all such elective officers shall be four years: Provided, however, That the next general election, immediately succeeding the first called pursuant to the provisions hereof, shall be coincident with the election prescribed by the Election Law for regularly organized provinces and municipalities.
Administrative Code.
SEC. 55. Administrative Code.—The department governor is hereby authorized and empowered to prepare or cause to be prepared under his direction and supervision, a compilation of the acts of the legislative council of the Department of Mindanao and Sulu, executive orders, circulars, and regulations issued thereunder, revised and modified to conform with the provisions of this Organic Act, including rules and regulations required by this Act and instructions necessary to properly carry into effect the provisions hereof. Such executive orders, rules and regulations, instructions, and circulars authorized by law when duly approved by the Governor-General shall have the force and effect of law and together with the compiled acts of the legislative council shall hereafter be referred to as "The Administrative Code of the Department of Mindanao and Sulu" : Provided, however, That such code may be amended from time to time by the administrative council with the approval of the Governor-General first had: Provided further, That if requested by the department governor, the Governor-General may detail such officers and employees of the Insular or provincial governments, as may be considered necessary, to assist in the preparation of the Administrative Code herein provided, and such officers and employees shall receive such additional compensation, in lieu of living expenses, as may be provided by the administrative council.
Officers and employees continued; interest in government contract work prohibited.
SEC. 56. Officers and employees continued; interest in government contract work prohibited.—Any officer or employee of the department or any political subdivision thereof whose official designation is modified herein shall continue in the performance of his duties in his capacity as officer or employee of the department or any political subdivision thereof until otherwise provided by law or administrative action.
No officer or employee of the department or any political subdivision thereof shall be directly or indirectly interested in any contract work, any business transaction with the Government whereby money is to be paid directly or indirectly out of the revenues of the Government to such person, any licensed games and amusements, 'any business of the Government, or in the purchase of any real estate except with the permission of the department governor, or any other property belonging to the Government. Any officer or employee violating the provisions of this paragraph shall, after due hearing, be removed from office in accordance with the provisions of section thirty-six hereof and upon trial and conviction in a court of competent jurisdiction shall be punished by a fine of not more than one thousand pesos, or by imprisonment for not more than two years, or by both such fine and imprisonment, in the discretion of the court.
Insular Auditor.
SEC. 57. Insular Auditor.—The Insular Auditor is hereby authorized and empowered to make and prescribe necessary rules and regulations as to preparation of budgets, disbursement of funds and accounts in general, to properly carry into effect the provisions of this Act.
Customs revenue.
SEC. 58. Customs revenue.—All customs collections in the Department of Mindanao and Sulu shall be deposited in the Insular Treasury subject to appropriation as Insular funds: Provided, however, That until December thirty-first, inclusive, nineteen hundred and fourteen, the gross amount of customs receipts from whatever source collected within the department, less the cost of collection of the same therein, shall constitute a special fund to be expended in the discretion of the administrative council; and for this purpose such funds shall be deposited by the collectors of customs in the department directly with the treasurer of the department, taking receipts therefor and forwarding one copy thereof to the Insular Collector of Customs and one copy to the Insular Treasurer.
Repealing provisions.
SEC. 59. Repealing provisions.—The provisions of Act Seven hundred eighty-seven, as amended, and provisions, all Acts and parts of Acts inconsistent herewith are hereby repealed: Provided, however, That no provision of this Act shall be construed as repealing the provisions of the Civil Service Act, as amended, which shall continue in full force and effect in the department and political subdivisions thereof.
Date effective.
SEC. 60. Date effective.—This Act shall take effect September first, nineteen hundred and fourteen.
Enacted, July 23, 1914.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
