Municipal council; duties.
Section 46
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.