Amendments to Charter of Cagayan de Oro City Re: Mayor, Vice-Mayor and Municipal Board

June 16, 1955

REPUBLIC ACT NO. 1325

AN ACT MAKING ELECTIVE THE POSITIONS OF MAYOR AND VICE-MAYOR AND THE ENTIRE MEMBERSHIP OF THE MUNICIPAL BOARD OF THE CITY OF CAGAYAN DE ORO, AMENDING FOR THIS PURPOSE CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED FIVE HUNDRED TWENTY-ONE

SECTION 1. Sections seven, eight and eleven of Republic Act Numbered Five hundred twenty-one, otherwise known as the Charter of the City of Cagayan de Oro, are amended to read as follows:

"Sec. 7. The Mayor. — The Mayor shall be the chief executive of the city. He shall be elected by the qualified voters of the city during every election for provincial and municipal officials in accordance with the provisions of the Revised Election Code. No person shall be eligible for the position of mayor unless he is at least twenty-five years of age, a qualified voter and a resident of the city for not less than one year immediately preceding his election.

"He shall receive a salary of not exceeding six thousand pesos a year. With the approval of the Secretary of Finance, the Mayor may be provided, in addition to his salary, a non-commutable allowance of not exceeding five thousand pesos per annum.

"Sec. 8. The Vice-Mayor. — There shall be a Vice-Mayor who shall perform the duties of the Mayor, in the event of the sickness, absence or other temporary incapacity of the Mayor, or in the event of a definitive vacancy in the position of the mayor, until said office shall be filled in accordance with law. He shall be elected in the same manner and shall possess the same qualifications as the mayor. If for any reason, the Vice-Mayor is temporarily incapacitated for the performance of the duties of the office of mayor or said office of the Vice-Mayor is vacant, the duties of the Mayor shall be performed by the city treasurer. The acting mayor shall have the same powers and duties as the mayor. cd

"The Vice-Mayor shall be a member of the Municipal Board and shall perform such other duties as may be assigned to him by the mayor or prescribed by law or ordinance. He shall receive a salary not exceeding three thousand six hundred pesos per annum: Provided, That when he acts as mayor his salary shall be equivalent to that of the Mayor.

"Sec. 11. Constitution and organization of the Municipal Board — compensation of members thereof . — The Municipal Board shall be the legislative body of the city and shall be composed of the Mayor, who shall be its presiding officer, the Vice-Mayor and seven councilors elected at large by popular vote during every election for provincial and municipal officials in conformity with the provisions of the Revised Election Code. In case of sickness, absence, suspension or other temporary disability of any member of the Board, or if necessary to maintain a quorum, the President of the Philippines may appoint a temporary substitute belonging to the same political party as the temporarily incapacitated member who shall possess all the rights and perform all the duties of a member of the Board until the return to duty of the regular incumbent. aisa dc

"If any member of the Municipal Board should be candidate for office in any election, he shall be disqualified to act with the Board in the discharge of the duties conferred upon it relative to election matters, in such case the other members of the Board shall discharge said duties without his assistance, or they may choose a disinterested elector of the city to act with the Board in such matters in his stead.

"The members of the Municipal Board shall receive per diem provided for in Republic Act Numbered Eight hundred forty."

SECTION 2. The appointive mayor and vice-mayor and all the councilors who are serving as such on the date of the approval of this Act shall continue in office until their successors are elected and have qualified in the next general election for provincial and municipal officials in conformity with the provisions of the Revised Penal Code.

SECTION 3. This Act shall take effect upon its approval.

Approved: June 16, 1955

Published in the Official Gazette, Vol. 51, No. 8, p. 3876 in August 1955