An Act to Amend the Charter of the City of San Carlos

REPUBLIC ACT No. 3413

An Act to Amend the Charter of the City of San Carlos

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

Section 1. Republic Act Numbered Twenty-six hundred forty-three, otherwise known as the Charter of San Carlos, is hereby amended by inserting between Section six and seven thereof a new section to be known as Section six-A which shall read as follows:

Section 2. The first paragraph of Section thirteen of the same Act is amended to read as follows:

Section 3. Section fifteen of the same Act is amended by adding thereto the following subsections:

Section 4. Section seventeen, twenty-three, twenty-four, twenty-six, twenty-seven, twenty-eight, seventy-seven, and eighty-eight of the same Act are amended to read as follows:

Section 5. This Act shall take effect upon its approval.

Approved: June 18, 1961.

"Sec. 6-A. Salaries of City Officers. -Unless otherwise provided in this Act, the mayor, vice-mayor, members of the municipal board, secretary of the board, city attorney, city engineer, city health officer, chief of police, municipal judge and city auditor shall receive compensation or additional compensation in accordance with the provisions of existing laws."

"Sec. 13. Appointment and duties of secretary of the board. -The board shall have a secretary who shall be appointed by the mayor with the consent of the majority members of the board and who shall serve during the term of office of the members thereof. A vacancy in the office of the secretary shall be filled temporary for the unexpired term in like manner."

"(nn) To exercise the right of eminent domain for certain purposes specified by law subject to the approval of the President of the Philippines;

"(oo) To request, through the city mayor, for the appearance of any official, department head and employee of the city government at any of its regular meetings for the purpose of enlightening the board on vital matters affecting the city government; and

"(pp) To grant local franchise subject to the approval of the President of the Philippines."

"Sec. 17. City departments. -There shall be a finance department, an engineering department, a law department, a health department, a police and fire department, and an assessment department. Unless otherwise provided by law, the mayor shall have general supervisory control over all the city departments.

"The municipal board may from time to time make such readjustment of the duties of the several departments as the public interest may demand, and, with the approval of the President, may consolidate or separate any department, division, or office of the city with or from any other department, division or office.

"Sec. 23. The City Attorney and Register of Deeds ex-officio—His powers and duties. -The city attorney who shall discharge his duties under the general supervision of the Secretary of Justice shall be the chief legal adviser of the city. He shall act as city register of deeds ex-officio with an additional compensation of six hundred pesos per annum. He shall have the following powers and duties:

"Sec. 24. The City Engineer—His powers and duties. -There shall be a city engineer, who shall be in charge of the department of engineering and public works and shall have the following powers and duties:

"Sec. 26. The City Health Officer—His powers and duties. -There shall be a city health officer, who shall have charge of the health department and shall have the following general powers and duties:

"Sec. 27. The Chief of Police—His powers and duties. -There shall be a chief of police who shall have charge of the police and fire department and shall have the following general powers and duties:

"Sec. 28. Chief of the detective service. -There shall be a chief of the detective service who shall, under the chief of police, have charge of the detective work of the department and of the detective force of the city, and shall perform such other duties as may be assigned to him by the chief of police or prescribed by law or ordinance.

The chief of detective service shall receive a salary not exceeding three thousand pesos per annum.

"Sec. 77. Clerk and employees of the municipal court. -There shall be a clerk of the municipal court, who shall be a member of the Philippine Bar. He shall be appointed by the mayor in accordance with Civil Service law, rules and regulations, and shall receive a compensation to be fixed by ordinance approved by the President of the Philippines, at not exceeding three thousand pesos per annum. 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 the criminal cases, the name of the defendant, the charges 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 municipal court shall, at the same time, be sheriff of the city and shall as such have the same powers and duties conferred by existing law to provincial sheriffs. T he municipal board may provide for such number of clerks in the office of the clerk of the municipal court as the needs of the service may demand.

"There shall be a deputy clerk of the municipal court who shall be appointed by the mayor in accordance with the Civil Service law, rules and regulations and who shall receive a compensation, to be fixed by ordinance approved by the President of the Philippines, at not exceeding two thousand four hundred pesos per annum.

"Sec. 88. The Bureau of Public Schools. -The Director of the Bureau of Public Schools shall exercise the same jurisdiction and power in the city as elsewhere in the Philippines and the division superintendent of schools for the Province of Negros Occidental shall have all the powers and duties in respect to the schools of the city as are vested in division superintendents in respect to schools of their division. As such ex-officio superintendent of city schools, he shall receive additional compensation of one thousand two hundred pesos. There shall be a district supervisor for city intermediate schools with compensation to be fixed by the municipal board."