An Act Amending Certain Sections of the Revised Charter of Quezon City

REPUBLIC ACT No. 5441

An Act Amending Certain Sections of the Revised Charter of Quezon City

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Subparagraph (g), Section ten of Republic Act Numbered Five hundred and thirty-seven, otherwise known as the Revised Charter of Quezon City, as amended by Republic Act Numbered Fifteen hundred and seventy-five, is further amended to read as follows:

Section 2. Section eleven of the same Act, as amended by Republic Act Numbered Fifteen hundred seventy-five and Republic Act Numbered Thirty-six hundred sixty-three, is further amended to read as follows:

Section 3. Section fifteen of the same Act, as amended by Republic Act Numbered Thirty-six hundred and sixty-three, is further amended to read as follows:

Section 4. The first paragraph of Section thirty-one of the same Act, as amended by Republic Act Numbered Fifteen hundred seventy-five, is further amended to read as follows:

Section 5. In the event of sickness, absence and other temporary incapacity of the head of the department or office, the assistant shall perform the duties and enjoy the privileges, emoluments and salary granted to the head of the department or office while acting as such head of the department or office and in case of vacancy or retirement the assistant head of the department or office concerned shall be considered the officer next in rank and shall be promoted thereto, if qualified and competent.

Section 6. This Act shall take effect upon its approval.

Approved: September 9, 1968.

"(g) He shall appoint his secretary who shall serve as such at his pleasure and an assistant secretary who shall have the same rank and salary of a head of a department and an assistant head of a department, respectively. All provisions of other laws notwithstanding, he shall appoint in accordance with the Civil Service Laws, all officials and employees of the city, except teachers and personnel of the city auditor, whose salaries are paid out of city funds, and whose appointment is not otherwise vested in the President, and at any time for cause, he may suspend any officer and employee not otherwise appointed by the President for a period not exceeding thirty days, which suspension may continue for a longer period if approved by the Department Head; and by and with the consent of the Department Head may discharge any such officer or employee. The Mayor, upon recommendation of the City Council, may appoint rural representatives, whose duties will be as directed by the Mayor in conformity with existing laws and city ordinances."

"Sec. 11. The City Council— Constitution and organization— Compensation of members— Meetings— Ordinances.— There shall be a City Council composed of the Vice-Mayor as presiding officer and sixteen other members: Provided, That the additional members provided for in this Act shall be appointed by the President of the Philippines with the consent of the Commission on Appointments and shall serve as such until their successors shall have been elected in the next regular elections for city officials. The Vice-Mayor shall have no right to vote except in case of a tie. The Council shall fix the time and place for its regular meetings, which shall be held twice in each week, and shall hold special sessions when called by the Mayor. 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. The meetings of the Council shall be open to the public unless otherwise ordered by an affirmative vote of a majority of its members. It shall keep a record of each proceedings and determine its rules of procedure not herein set forth. A majority of the Council shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. The yeas and nayes shall be taken and recorded upon the passage of all ordinance, 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. The affirmative vote of a majority of all the members of the City Council shall be necessary for the passage of any ordinance, resolution or motion directing the payment of money or creating liability. Each ordinance enacted by the Council, and each resolution or motion directing the payment of money or creating liability, shall be forwarded to the Mayor for his approval. Within ten days after the receipt of the ordinance, resolution or motion, the Mayor shall return it with his approval or veto. If he does not return it within that time, it shall be deemed to be approved. If he returns it with his veto, his reasons there for in writing shall accompany it. It may then be again enacted by the affirmative vote of three-fourths of all members of the Council, and again forwarded to the Mayor for his approval, and if within ten days after its receipt he does not return it with his veto, it shall be deemed to be approved. If within said time he returns it with his veto, it shall be forwarded to the President of the Philippines for his approval or disapproval which shall be final. The Mayor shall have the power to veto any particular item or items of an appropriation ordinance or of an ordinance, resolution or motion directing the payment of money or creating liability, but the veto shall not affect the item or items to which he does not object. The item or items objected to shall not take effect except in the manner heretofore provided in this section as to ordinances, resolutions and motions returned to the Council with his veto. Each ordinance shall be sealed with the city secretary, and recorded in a book kept for that purpose. Each ordinance shall, on the day after its passage, be posted by the city secretary at a conspicuous part of the city hall 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.

"The councilors hereinabove mentioned shall be elected as provided for by existing law, four in each of the four councilor districts herein created: and such councilors shall receive a fixed salary of fourteen thousand four hundred pesos per annum each.

"For purposes of electing councilors pursuant to the preceding paragraph, and for all administrative and other municipal purposes, Quezon City is divided into four councilor districts as follows:

"Sec. 15. The City Secretary and his assistant— their compensation.— There shall be a city secretary and an assistant city secretary to be appointed by the Mayor who shall have the same rank and salary as head of a department and an assistant head of a department, respectively."

"Sec. 31. Clerk and employees of the City Court.— There shall be a clerk of the city court who shall be appointed by the City Mayor in accordance with the Civil Service Laws, rules and regulations who shall have the same rank and salary of an assistant head of a department. He shall keep the seal of the court and affix it to all orders, judgments, certificates, records, and other documents issued by the court. He shall keep a docket of the trials in the court, in which he shall record in a summary manner the names of the parties and the various proceedings in civil cases, and in criminal cases, the name of the defendant, the charge against him, the names of the witnesses, the date of the arrest, the appearance of the defendant, together with the fines and costs adjudged or collected in accordance with the judgment. He shall have the power to administer oaths.

"The clerk of the city court shall at the same time be sheriff of the city and shall as such have the same powers and duties as are assigned by existing laws to provincial sheriffs. He shall have an additional compensation to be fixed by the City Council. The City Council shall provide for such number of deputies and clerks of the Sheriff's Office as the needs of the service demands."