An Act to Amend the Charter of the City of Manila, Abolishing the Advisory Board and Increasing the Municipal Board by Adding Thereto Two Elective Members

June 18, 1908

ACT NO. 1869

AN ACT TO AMEND THE CHARTER OF THE CITY OF MANILA, ABOLISHING THE ADVISORY BOARD AND INCREASING THE MUNICIPAL BOARD BY ADDING THERETO TWO ELECTIVE MEMBERS

SECTION 1. Section four of Act Numbered One hundred and eighty-three, entitled "An Act to incorporate the city of Manila," is hereby amended to read as follows:

"SEC. 4. Government of City Vested in Municipal Board. — The government of said city is hereby vested in a Municipal Board, consisting of six members, three to be appointed by the Governor-General, by and with the consent of the Commission, and to be removable in the same manner, one ex officio member, to wit, the city engineer, and two elective members to be elected from the city of Manila, who shall hold office for two years or until their successors are elected and qualified or appointed and qualified. One of said elective members shall be elected from the First Assembly District of the city of Manila and one shall be elected from the Second Assembly District of said city, and each of said elective members at the time of his election shall be a resident and qualified elector of the Assembly District from which he is elected. The elective members of the Municipal Board may be suspended or removed from office under the same circumstances, with the same effect, in the same manner, and for the same reasons as those specified in section nineteen of Act Numbered Eighty-three, as amended, and the provisions of law providing for the suspension or removal of elective provincial officers and for the confirmation of their elections are hereby made effective for the suspension or removal of said elective members of the Municipal Board and for the confirmation of their elections. In so far as they are applicable all of the provisions of Act Numbered Fifteen hundred and eighty-two, as amended, are hereby made effective as to elective members of the Municipal Board and to their election to the same extent as if the provisions of said Act Numbered Fifteen hundred and eighty-two, as amended, had been incorporated in this Act, and as if the city of Manila were a province and the election of said elective members were the election for provincial governor or for third member of the provincial board: Provided, However, That in case of conflict between the provisions of the Election Law and this Act, the provisions of this Act shall prevail and control. One member of, the Board shall be designated in the appointment of the Governor-General as President and shall preside at all meetings of the Board. The President shall sign all ordinances, resolutions, bonds, contracts, and obligations made or authorized by the Board, and shall issue such orders and instructions as may be necessary to carry out and enforce the ordinances of the city and the orders of the Board relating thereto. In case of sickness or absence of any member of the Board, or if for any reason it becomes necessary to maintain a quorum or to break a tie, the Governor-General may make a temporary appointment until the return of the absent member or members or until the tie is broken. During the period of such temporary appointment the person receiving the same shall possess all the rights and perform all the duties of a member of the Board. CAIHTE

"Elections for elective members of the Municipal Board shall be held on the first Tuesday after the first Monday in November of each odd-numbered year and the persons elected as elective members shall take office on the first day of January next after their election: Provided, However, That the first election for elective members of the Municipal Board shall be held on a date to be proclaimed by the Governor-General which shall not be later than August fifteenth, nineteen hundred and eight, and that the register of voters for such election proclaimed by the Governor-General shall be that specified in section eighteen of Act Numbered Fifteen hundred and eighty-two, and said section eighteen is hereby made applicable to said first election for elective members. Elective members elected at the first election shall take office immediately upon qualifying and giving the bond required by law, and shall hold office until January first, nineteen hundred and ten, or until their successors are elected and qualified or appointed and qualified. If any person elected as elective member of the Municipal Board is ineligible to hold office, or if for any reason there should be a failure to elect one or both elective members, no special election shall be called, but the vacancy in the office of elective member shall be filled for the term by the Governor-General by and with the advice and consent of the Commission. Vacancies in the office of elective member occurring after taking office and before the expiration of the regular term shall be filled for the unexpired term by the Governor-General by and with the advice and consent of the Commission.

"The city engineer as ex officio member of the Board shall receive no compensation in addition to that received by him as city engineer.

"The two elective members shall each receive a per diem of twenty pesos for each day of attendance on a session of the Municipal Board."

SECTION 2. Section eight of Act Numbered One hundred and eighty-three is hereby amended to read as follows:

"SEC. 8. Each member of the Municipal Board before entering upon the duties of his office shall execute a bond to the Insular Government in the sum of twenty thousand pesos, with such surety or sureties as shall be approved by the Insular Auditor, or, by and with the approval of the Governor-General, may be bonded in accordance with the provisions of Act Numbered Seventeen hundred and thirty-nine. The bond given shall be filed with the Insular Auditor and a copy spread upon the records of the Board. Before entering upon the duties of his office every city officer and employee charged with the custody of property or funds shall be bonded in accordance with the provisions of Acts Numbered Seventeen hundred and thirty-nine and Seventeen hundred and ninety-two, and said Acts Seventeen hundred and thirty-nine and Seventeen hundred and ninety-two are hereby made applicable and effective as to every city officer and employee of the city of Manila accountable for property or funds." DETACa

SECTION 3. Section ten of said Act Numbered One hundred and eighty-three is hereby amended to read as follows:

"SEC. 10. Method of Transacting Business by Board. — The Board shall meet and transact business every day during the year, Sundays and legal holidays excepted. It shall sit with open doors unless otherwise ordered by an affirmative vote of four members. It shall keep a record of its proceedings and determine its rules of procedure not herein set forth. Four members of the Board shall constitute a quorum for the transaction of business, and four affirmative votes shall be necessary for the passage of any ordinance or motion. 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. Each ordinance shall be sealed with the city seal, signed by the president of the Board and the secretary, and recorded in a book kept for that purpose. Each ordinance shall be published in two daily newspapers of Manila, one printed in English and the other in Spanish, within three days after its passage, 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."

SECTION 4. Section twenty-six of said Act Numbered One hundred and eighty-three is hereby amended to read as follows:

"SEC. 26. Each officer of the municipal government of Manila, except elective members of the Municipal Board, shall devote his time and attention exclusively during the usual office hours to the duties of his office: Provided, That it shall be the duty of the elective members to attend the regular sessions of the Municipal Board. No officer of the municipal government of Manila shall hold more than one office unless expressly provided by law. This section shall not apply to members of the local school board, or to other persons discharging public duties under the city government who receive no compensation for their services."

SECTION 5. The Advisory Board of the city of Manila is hereby abolished and section sixty-five of said Act Numbered One hundred and eighty-three, as amended, is hereby repealed. Section forty-four of said Act Numbered One hundred and eighty-three, as amended by section thirteen of Act Numbered Two hundred and sixty-seven, is hereby amended by striking out the word "Advisory" wherever it appears and substituting in lieu thereof the word "Municipal." aDSIHc

SECTION 6. Section one of Act Numbered Eleven hundred and five is hereby amended to read as follows:

"SECTION 1. The resolution of the Municipal Board of the city of Manila of the thirtieth day of July, nineteen hundred and two, whereby the territory of the city of Manila was divided into thirteen districts named Tondo, San Nicolas, Binondo, Santa Cruz, Quiapo, San Miguel, Intramuros, Ermita, Paco, Malate, Pandacan, Sampaloc, and Santa Ana, and the boundaries of said districts were defined, is hereby ratified and confirmed, and the names of said districts and the boundaries thereof as set forth in said resolution shall, for the purpose of administration, for the purpose of description of property, and for all other municipal purposes, be the lawful names and boundaries of said districts."

SECTION 7. This Act shall take effect on the first day of July, nineteen hundred and eight.

ENACTED, June 18, 1908.