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PHILIPPINE LAWS, STATUTES & CODES
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PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW
LIBRARYREPUBLIC ACTS
REPUBLIC
ACT NO. 5441
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REPUBLIC ACT NO. 5441 - AN
ACT AMENDING CERTAIN SECTIONS OF THE REVISED CHARTER OF QUEZON CITY
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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:
"(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. 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:
"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 nays 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 therefor 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:
"(a) First Councilor District. – All parts of the
territory of Quezon City bounded on the North by the center line of
Epifanio de los Santos Avenue beginning from the boundary limits of
Quezon City with Caloocan City up to the center line of its
intersection with Quezon Boulevard Extension; thence, by the center
line of Quezon Boulevard Extension in a southwesterly direction up to
the boundary of Quezon City with the City of Manila.
"(b) Second Councilor District. – All parts of the
territory of Quezon City bounded on the South by the center line of
Epifanio de los Santos Avenue beginning from the boundary limits of
Quezon City with Caloocan City up to the center line of its
intersection with Kamias road; thence along the center line of Kamias
road up to its intersection with the center line of Chico road; thence
along Chico road up to the center line of its intersection with
Katipunan road; thence along the center line of Katipunan road up to
the center line of its intersection with Aurora Boulevard; and thence
along the center line of Aurora Boulevard up to the boundary limit of
Quezon City with the Province of Rizal.
"(c) Third Councilor District. – All parts of the
territory of Quezon City bounded on the West by the center line of
Epifanio de los Santos Avenue beginning from its boundary limits with
the Province of Rizal; thence to the center line of its intersection
with Kamias road: thence along the center line of Kamias road up to its
intersection with the center line of Chico road; thence along Chico
road up to the center line of its intersection with Katipunan road;
thence along the center line of Katipunan road up to the center line of
its intersection with Aurora Boulevard; and thence along the center
line of Aurora Boulevard up to the City boundary limits with the
Province of Rizal.
"(d) Fourth Councilor District. – All parts of the
territory of Quezon City bounded on the Northwest by the center line of
Quezon Boulevard Extension beginning from the boundary limits of Quezon
City with the City of Manila up to the center line of its intersection
with Epifanio de los Santos Avenue and on the Northeast by the center
line of Epifanio de los Santos Avenue in a southeasterly direction up
to the boundary limits of the City with the Province of
Rizal."
Sec. 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:
"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. 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:
"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."
Sec. 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.
Sec. 6. This Act shall take effect upon its
approval.
Enacted without Executive
approval, September 9, 1968.
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