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H. NO. 2234 / 65 OG No. 28, 7126 (July 14, 1969)

[ REPUBLIC ACT NO. 5441, September 09, 1968 ]

AN ACT AMENDING CERTAIN SECTIONS OF THE REVISED CHARTER OF QUEZON CITY

Be it enacted by the Senate and House of Representatives of the Philippines in 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:

"(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 ox 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 ayes and nayes shall be taken and recorded upon the passage of all ordinance, upon all resolution 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 shall be deemed to be approved. If he returns it his veto, his reasons therefor in writing shall accompany. It may then be again enacted by the affirmative vote of three-fourths of all members of the Council, and again I forwarded to the Mayor for his approval, and if within days after its receipt he does not return it with his veto, it shall be deemed to be approved.    If within said he returns it with his veto, it shall be forwarded to the President of the Philippines for his approval or approval 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 seal, signed by the presiding officer and 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 is 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 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 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 roa 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 limits 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 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 compensation.—There shall be a city secretary and an assistant secretary to be appointed by the Mayor who sha11 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 fared seventy-five, is further amended to read as follows:

"SEC.  31. Clark  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 n 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 d 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 r 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 ternary in capacity 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 considered the officer next in rank and shall be thereto, if qualified and competent.

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

Enacted without Executive approval, September 9, 1968.