REPUBLIC ACT No. 3404
An Act Amending Certain Sections of Commonwealth Act Numbered Five Hundred Forty-Seven, Otherwise Known as the Charter of the City of Cavite
Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
Section 1. Sections two, four, six, seven, eight and the first paragraph of Section nine of Commonwealth Act Numbered Five hundred forty-seven are amended to read as follows:
"Sec. 2. Territory of the City of Cavite. -The City of Cavite, which is hereby created, shall comprise the present territorial jurisdiction of the Municipality of Cavite, in the Province of Cavite.
"The Municipal Board may, by ordinance, divide the city into district for all administrative and other municipal purposes, including the description of property.
"Sec. 4. Seal and general powers of the city. -The city shall have a common seal, and may alter the same at pleasure. It may take, purchase, receive, hold, lease, convey and dispose of real and personal property for public use, contract and be contracted with, sue and be sued, prosecute and defend suits to final judgment and execution, and exercise all the powers conferred by this Charter together with all the powers implied thereby or appropriate to the exercise thereof. The provisions of this Charter shall be construed liberally in favor of the city, to the end that it may have all necessary powers for the efficient conduct of its municipal affairs.1awp++i1 The specific mention of particular powers in other sections of this Charter shall not be construed as limiting the powers of the city in the premises to those thus mentioned.
"Sec. 6. Jurisdiction of the City. -The jurisdiction of the City of Cavite for police purposes shall be coextensive with its territorial jurisdiction and for the purpose of protecting and insuring the purity of the water supply of the city, such police jurisdiction shall also be extended over all territory within the drainage area of such water supply, or within one hundred meters of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the city water service. The municipal court of the city shall have concurrent jurisdiction with the courts of justices of the peace of the municipalities to try crimes and misdemeanors committed within said drainage area, or within said spaces of one hundred meters. The court first taking jurisdiction of such an offense shall thereafter retain exclusive jurisdiction thereof.
"Sec. 7. Nature of Office; Qualifications. -The Mayor shall be the chief executive of the city and as such shall have immediate control and supervision over the executive functions of the different departments and agencies of the city. The Mayor shall be elected at large by the qualified electors of the city. He shall be at least thirty years of age, a resident of the city at least five years immediately prior to his election, and a qualified voter therein: Provided, That the first election for mayor shall be held at the general elections for provincial and municipal officials next following the approval of this Act in conformity with the provisions of the Revised Election Code and shall assume office on the first day of January next following his election. He shall hold office for four years and until his successor has been duly elected and qualified, unless sooner removed for disloyalty, dishonesty, oppression, or misconduct in office. He shall receive a salary of not exceeding seven thousand two hundred pesos a year. With the approval of the Office of the President, the Mayor may be provided, in addition to his salary, a non-commutable allowance of not exceeding one thousand two hundred 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 sickness, physical absence on unofficial business for more than three days or other temporary incapacity of the Mayor, or in the event of a definitive vacancy in the position of Mayor, until said office shall be filled in accordance with law. If, for any reason, the duties of the office of the Mayor cannot be performed by the Vice-Mayor or said office of the Vice-Mayor is vacant, said duties shall be performed by the President Pro tempore of the Municipal Board.
"In case of the incapacity of the officials mentioned above to perform the duties of the Mayor, 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 and shall receive the compensation of the Mayor.
"The Vice-Mayor shall perform such other duties as may be assigned to him by the Mayor or prescribed by law or ordinance. He shall be elected in the same manner as the Mayor and shall at the time of his election possess the same qualifications as the Mayor. He shall receive a salary of four thousand eight hundred pesos a year.
"Sec. 9. General powers and duties of the Mayor. -The Mayor shall have immediate control and supervision over the executive and administrative functions of the different departments and agencies of the city, subject to the supervision of the Office of the President. He shall have the following powers and duties:"
Section 2. Section ten of the same Act, is amended to read as follows:
"Sec. 10. City Secretary. -The Mayor shall appoint one secretary who shall have the title of City Secretary to hold office at the pleasure of the Mayor and who shall receive a compensation at not exceeding four thousand two hundred pesos per annum.
"The City Secretary shall have charge and custody of all records and documents of the city and of any office or department thereof for which provision is not otherwise made; shall keep the corporate seal and affix the same with his signature to all ordinances and resolutions signed by the Mayor and to all other official documents and papers of the Government of the City as may be required by law or ordinance; shall attest all executive orders, proclamations, ordinances, and resolutions signed by the Mayor and shall perform such other duties as the Mayor may require of him; and shall upon request, furnish certified copies of all city records and documents in his charge which are not of a confidential character, and shall charge fifty centavos for each one hundred words including the certificate, such fees to be paid directly to the city treasurer. For the purpose of Section eighteen of this Charter, the City Secretary shall be considered and have the legal status of a city department head.
"The City Secretary shall also have the following powers, duties and responsibilities, to be exercised under the general direction of the Mayor:
"(a) To supervise and coordinate the work of all departments and agencies under the jurisdiction of the mayor;
"(b) To be responsible for the development and administration of a sound personnel system for the city consistent with the governing provisions of the Civil Service Law; and to establish and maintain a roster of all employees of the city, whether or not in the classified service, in which there shall be set forth, as to each employee, the class title of the position held, the salary or pay, any change in class title, pay or status, and other pertinent data;
"(c) To conduct a continuous study of the work, and the internal organization and procedures, of all offices, departments, and agencies under the jurisdiction of the Mayor, and to develop and prescribe accepted administrative procedures and establish management and work standards therefor;
"(d) To analyze and report to the Mayor concerning impending policy decisions affecting the administration of the city and its agencies;
"(e) To convene the heads of departments and agencies under the jurisdiction of the Mayor, singly or collectively, for the purpose of conference, discussion and report; and
"(f) To attend meetings of any board or committee when requested by the Mayor, with the privilege of participating in the discussion and deliberations of such boards or committees as the Mayor’s proxy."
Section 3. The first and last paragraphs of Section eleven of the same Act, as amended by Republic Act Numbered Sixteen hundred ninety-nine, is further amended to read as follows:
"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 Vice-Mayor, who shall be its presiding officer and shall have no vote except in case of a tie, and eight councilors elected at large by popular vote during the regular election for provincial and municipal officials in conformity with the provisions of the Revised Election Code. The Board shall elect by a majority vote of its entire membership one of the councilors as President Pro tempore, who shall act as presiding officer in the event of any temporary incapacity or absence of the Vice-Mayor or if the office of Vice-Mayor is vacant. Any vacancy, in the office of President Pro tempore shall be filled in like manner. Should the Board fail to elect a President Pro tempore as herein provided, the Mayor may so designate one of the councilors, to temporarily serve until the Board elects one. Whenever the President Pro tempore is serving as acting Mayor in accordance with Section eight of this Charter, the remaining members of the Board may elect a temporary presiding officer for the transaction of business. 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 who shall possess all rights and perform all the duties of a member of the Board until the return to duty of the regular incumbent.
"The members of the Municipal Board shall receive a salary of three thousand six hundred pesos per annum."
Section 4. The first paragraphs of Section twelve and thirteen of the same Act are amended to read as follows:
"Sec. 12. Qualifications, election, suspension and removal of members of the Board. -The members of the Board shall be qualified electors of the city, residents therein for at least two years prior to their election, and not less than twenty-five years of age. Election for members of the Board shall be held on the date of the regular election for provincial and municipal officials. Upon qualifying, the members-elect shall assume office on the first day of January next following their election until their successors are elected and qualified.
"Sec. 13. Appointment, salary and duties of Secretary of the Board. -The Board shall have a secretary who shall be appointed by it to serve during the term of office of the members thereof. The compensation of the secretary shall not exceed three thousand six hundred pesos per annum."
Section 5. The first and last paragraphs of Section fourteen of the same Act, are amended to read as follows:
"Sec. 14. Method of transacting business by the Board—Veto—Authentication and publication of ordinances. -The Board shall hold one ordinary session for the transaction of business during each week on days which it shall fix by resolution, and extraordinary sessions as may be called by the Mayor. However, any five members of the Board may call special meetings of the Board upon at least twenty-four hours notice to each member. Such notice shall be delivered personally to each member or left at his usual place of residence with some responsible person. It shall sit with open doors, unless otherwise ordered by an affirmative vote of five members. It shall keep a record of its proceedings and determine its rules of procedure not herein set forth. Five members of the Board shall constitute a quorum for the transaction of business. But a smaller number may adjourn from day to day and may compel the immediate attendance of any member absent without good cause by issuing to the police of the city an order for his arrest and production at the session under such penalties as shall have been previously prescribed by ordinance. Five affirmative votes shall be necessary for the passage of any ordinance, or of any resolution or motion directing the payment of money or creating liability, but other measures shall prevail upon the majority votes of the members present at any meeting duly called and held. The ayes and nays 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 resolution or motion. Every ordinance and every resolution shall be presented in writing and read in full before a vote is taken thereof: Provided, That the reading may be dispensed with by unanimous consent. Except for emergency ordinances, no ordinance shall be passed at the meeting at which it is introduced and until at least two days have elapsed between its introduction and final passage. Should the Board by unanimous vote of a quorum declare the existence of an emergency due to a public calamity, the Board by unanimous vote of a quorum may waive all of the procedural and publication requirements of this section except those relating to the number of votes required for passage of an ordinance, the submission of ordinances and resolutions to the Mayor for his approval, and the official record of each ordinance and resolution and the vote thereon: Provided, However, That no prosecution shall be based upon the provisions of an emergency ordinance until twenty-four hours after the ordinance has been filed with the Secretary of the Board and posted or published as provided herein unless the person charged with violation had actual notice of the passage of the ordinance prior to the act or omission with which he is charged. Each approved ordinance, resolution or motion shall be sealed with the seal of the Board, signed by the presiding officer and the secretary of the Board and recorded in the book for the purpose and shall, on the day following its passage, be posted by the secretary at the main entrance of the city hall and in at least two other public and conspicuous places in the city, and shall take effect and be enforced on and after the tenth day following its passage unless otherwise stated in said ordinance, resolution or motion or vetoed by the Mayor as hereinafter provided. A vetoed ordinance, if repassed, shall take effect ten days after the veto is overridden by the required, votes unless otherwise stated in the ordinance or again disapproved by the Mayor within said time.
"Any provision of existing law to the contrary notwithstanding, if (a) the appropriation ordinance appropriates an aggregate amount not exceeding the estimated tax receipts and/or income for the ensuing year, certified collectible by the City Treasurer; (b) provisions have been made for the statutory and/or current contractual obligations of the city; and (c) no official or employee shall receive a salary higher than the maximum salary provided by subsisting salary laws and executive orders, the city budget shall be in full force and effect on the date fixed therein for its effectivity by the Municipal Board and the same shall not be subject to the approval of the Secretary of Finance."
Section 6. Subsections (d), (g), (n), (o), (x), (bb), (cc), (ii), (jj) and (kk), Section fifteen of the same Act, are amended to read as follows:
"(d) To authorize the free distribution of medicines to the employees and laborers of the city whose salary or wage does not exceed the minimum salary or wage under the Minimum Wage Law; of fresh or evaporated native milk if available, to indigent mothers residing in the city and of bread and light meals to indigent children of ten years or less of age residing in the city, the distribution to be made under the direct supervision of the City Mayor.
"(g) To establish and maintain schools as provided by law, and with the approval of the Director of Public Schools, to fix reasonable tuition fees for instruction therein.
"(n) To regulate and fix the amount of the license fees of the following: hawkers, peddlers and hucksters, not including hucksters or peddlers who sell only native vegetables, fruits or foods personally carried by the hucksters or peddlers, auctioners, plumbers, barbers, manicurists, hair dressers, wrestlers, boxers, pelotaris, electricians, painters, jockeys, collecting agencies, mercantile agencies, shipping and intelligence offices, private detective agencies, advertising agencies, beauty parlors, massagists, tattooers, juglers, acrobats, and the keeping, preparation, and sale of meat, poultry, fish, game, butter, cheese, lard, vegetables, bread, and other provisions; and to tax, fix the license fee and regulate the business of hotels, clubs, restaurant, cafes, lodging houses, boarding houses, refreshment places, livery garages, livery stables, boarding stables, dealers in large cattle, public billiard tables, public pool tables, physical or beauty culture and fashion schools, the letting or subletting of lands and buildings, whether used for commercial, industrial or residential purposes, laundries, cleaning and dyeing establishments, public warehouses, circuses and other similar parades, public vehicles, race tracks, horse races, bowling alleys, shooting galleries, slot machines, merry-go-round, pawnshops, dealers in secondhand merchandise, junk dealers, brewers, distillers, rectifiers, money changers and brokers, public ferries, theaters, theatrical performances, cinematographs, public exhibitions, boxing or any sporting or athletic contests, and all other performances and place of amusements;
"(o) To tax and fix the license fees on dealers in automobiles or accessories or both, and retail dealers in general merchandise, which dealers are not yet subject to the payment or any municipal tax. For the purpose of taxation, these retail dealers shall be classified as (A) retail dealers in general merchandise, (B) retail dealers exclusively engaged in the sale of (a) textiles including knitted wares, (b) hardwares including glasswares, cooking utensils, electrical goods and construction materials, (c) groceries including toilet articles except perfumery, (d) drugs including medicines and perfumeries, (e) books including stationery, paper, and office supplies, (f) jewelry, (g) slippers and other footwears, (h) arms, ammunitions, and sporting goods, and (C) retail dealers engaged in luxury and/or semi-luxury articles. A separate license shall be prescribed for each class but where commodities of different classes are sold in the same establishment, it shall not be compulsory for the owner to secure more than one license if he pays the higher or highest rate of tax prescribed by ordinance. Wholesale dealers shall pay the license tax as such, as may be provided by ordinance.
"For the purpose of this section, the term "General Merchandise" shall include poultry and livestock, agricultural products, fish and other allied products.
"(x) To tax, regulate the establishment or operation and fix the license fees of dance halls, saloons, bars, nightclubs, taverns, and the like, cabarets, and cockpits.
"(bb) To provide for the maintenance of waterworks for the purpose of supplying water to the inhabitants of the city, and for the purification of the source of supply and the consumption and use of the water; to fix and provide for the collection of, rents therefor: and to regulate the construction, repair, and use of hydrants, pumps, cisterns, reservoirs.
"(cc) To provide for the establishment and maintenance and regulate the use, of public drains, sewers, latrines, and cesspools; and to regulate the construction and use of private sewers, drains, cesspools, waterclosets, and privies.
"(ii) To extend its ordinances over all waters within the city, over any boat or other floating structures thereon and, for the purpose of protecting and insuring the purity of the water supply of the city, over all territory within the drainage area of such water supply, and within one hundred meters of any reservoir, conduit, canal, aqueduct or pumping station used in connection with the city water service.
"(jj) To tax, fix the license fee on, and regulate the sale of intoxicating liquor, whether imported or locally manufactured.
"(kk) To tax and regulate any other business occupation not specifically mentioned in the preceding paragraphs, and to impose a license fee upon all persons engaged in the same or who enjoy privileges in the city."
Section 7. Section fifteen of the same Act is amended by adding the following new subsections:
"(oo) To tax, and fix the license fees on, printers or bookbinders or both, tailor shops, milliners, manufacturers of jewelry, embroideries, sail or awnings or both, rope, paper, leather goods including shoes, slippers, sandals, harnesses and valises or bags, sporting goods, rubber goods, plastic and celluloid products, hardware including tinware, ceramic, and cement products, glasswares, cooking utensils, electrical goods and construction materials, chemical products including drugs, perfumes, toilet articles, paint, dyes and inks, textiles, shell lamps or lamp shades or both, statuettes or tombstone or both, sacks, furniture of all kinds, including rattan goods, wire brass beds or both, clothing, hats, eyeglasses or optical goods or both, fertilizers or buttons.
"Manufacturers above mentioned shall not be subject to the payment of any municipal tax or license fee as retail dealers of their own products: Provided, That any manufacturing conducted solely by the immediate members of a family at their own home shall not be subject to any tax or license fee;
"(pp) To provide for the prohibition and suppression of riots, affrays, disturbances, and disorderly assemblies; houses of ill-fame and other disorderly houses; gaming houses, gambling and all fraudulent devices for the purposes of obtaining money or property; prostitution, vagrancy, intoxication, fighting, quarreling, and all disorderly conduct; the printing, circulation, exhibition or sale of obscene pictures, books, or publications;
"(qq) To require property owners by ordinance to construct or repair, at their expense, sidewalks along the street or streets adjacent to their lots in accordance with the specifications of the city engineer as to quality, width and grade, and subject to this supervision and approval: Provided, That, in case of failure or inability of the property owners to comply with the requirement within a specified period of time after demand, the city engineer shall cause the work to be done and the cost thereof collected as a special assessment from such owners, who may choose to pay the same in full, or in ten equal yearly installments which shall be due and payable to the city in the same manner as the annual tax levied on real estate, and shall be made to subject to the same remedies, as such annual tax; and all said sums and amounts, shall from the day in which they were assessed constitute liens on the property against which the same were assessed and shall take precedence over any and all other liens that may exist upon such property excepting only such as may have attached thereto as a result of the non-payment of the said annual tax;
"(rr) To fill up or require to be filled up, at the owner’s expense, to a grade necessary for proper sanitation any and all lands and premises when necessary in the enforcement of sanitary ordinances adopted in accordance with law; and
"(ss) To prohibit the carrying of firearms by unauthorized persons within the jurisdictional limits of the city, any existing law to the contrary notwithstanding."
Section 8. Sections seventeen, nineteen, and twenty of the same Act are amended to read as follows:
"Sec. 17. City departments. -There shall be a Finance Department, Assessment Department, Engineering Department, a Law Department, a Health Department, a Police Department, and a Fire Department. The Mayor shall have direct supervision and control over all the city departments: Provided, That the Law Department shall be under the supervision of the Department of Justice.
"The Municipal Board, by ordinance, but only upon the recommendation of the Mayor, may from time to time assign additional functions or duties to, and make such readjustment of the duties of, the several departments as the public interest may demand, and may consolidate any department, division or office, except that it may not assign to any other department or office, any function or duty expressly assigned by this Charter to the Department of Finance, the Law Department, or the Police Department.
"Sec. 19. Appointment and removal of officials and employees. -The President of the Philippines shall appoint with the consent of the Commission on Appointments of the Congress of the Philippines the judges and auxiliary judges of the municipal court, the city treasurer and the assistant city treasurer, the city engineer, the city fiscal, the city health officer, the chief of police, the chief of the fire department, and the other heads of such city departments as may be created.
"All other officers and employees of the city, including all those paid from city funds, whose appointments are not otherwise provided for in this Act, shall be appointed by the Mayor upon recommendation of the corresponding city department head, notwithstanding any existing law to the contrary, in accordance with the Civil Service Law and they shall be suspended or removed by the Mayor, subject to appeal to the Commissioner of Civil Service, whose decision shall be final.
"Sec. 20. Officers not to engage in certain transactions. -It shall be unlawful for any officer, directly or indirectly, individually or as a member of a firm, to engage in any business transaction with the city, or with any of its authorized officials, boards, agents, or attorneys, whereby money is to be paid, directly, or indirectly, out of the resources of the city to such person of firm, or to purchase any real estate or other property belonging to the city, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of the city; or to be surety for any person having a contract or doing business with the city, for the performance of which security may be required; or to be surety on the official bond of any officer of the city; or to have a financial interest in any transaction or contract with the city or which the city is an interested party. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee found guilty thereof shall thereby forfeit his city office or employment."
Section 9. The same Act is amended by adding after Section twenty, two new sections to be known as Sections twenty-A and twenty-B, which shall read as follows:
"Sec. 20-A. Disqualifying acts and practices. -No officer or employee of the city shall give or promise to give any portion of his compensation or any money or valuable thing to any person in consideration of his having nominated, elected, appointed or employed as such officer or employee. No officer or employee of the city shall wilfully violate any provision of law relating to his office or employment or commit any fraud upon the city, or convert any of the public property to his own use, or knowingly permit any other person to do so. No officer or employee of the city shall detail or cause any officer or employee of the city to do or perform any service or work outside of his public office, work or employment. No officer or employee of the city shall, directly or indirectly, coerce or intimidate, or attempt directly or indirectly to coerce or intimidate, any officer or employee in the classified service involuntarily to resign his office or employment with the city. Any person convicted of any offense enumerated in this section, in addition to any other penalties imposed by law, shall forfeit his city office or employment.
"Sec. 20-B. Limitation on contracts. -No contract involving the payment of money by the city shall be made for a period longer than five years, and no such contract for personal services to be furnished the city shall extend beyond the term of the Mayor during whose incumbency the contract was approved; nor shall any such contract be valid unless made or approved by ordinance."
Section 10. The same Act is amended by adding after Section twenty-one, a new section to be known as Section twenty-one-A which shall read as follows:
"Sec. 21-A. Assistant City Treasurer. -There shall be an Assistant City Treasurer whose duties shall be to act as City Treasurer in the event of the sickness, absence or other temporary incapacity of the City Treasurer, and shall perform such other duties as may be assigned to him by the City Treasurer or prescribed by law or ordinance. He shall receive a salary of four thousand eight hundred pesos a year."
Section 11. The first paragraph and subsection (f), Section twenty-two of the same Act, are amended to read as follows:
"Sec. 22. The City Engineer—His powers, duties and compensation. -There shall be a City Engineer, who shall be in charge of the Department of Engineering and Public Works. He shall receive a salary of not exceeding five thousand seven hundred pesos per annum. He shall have the following powers and duties:
"(f) He shall have the care of all public streets, parks, and bridges, and shall maintain, sprinkle, and regulate the use of the same for all purposes as provided by ordinance; shall collect and dispose of all garbage, refuse, the contents of closets, vaults, and cesspools, and all other offensive and dangerous substances within the city."
Section 12. The first paragraph of Section twenty-four of the same Act is amended to read as follows:
"Sec. 24. The City Fiscal—His powers and duties. -The City Fiscal shall be the chief legal adviser of the city. He shall receive a salary of not exceeding five thousand seven hundred pesos per annum. He shall have the following powers and duties:"
Section 13. The same Act is amended by adding after Section twenty-four, a new section to be known as Section twenty-four-A, which shall read as follows:
"Sec. 24-A. Preliminary investigation of cases cognizable by the Court of First Instance.— In all cases brought to the office of the city fiscal involving crimes cognizable by the Court of First Instance, where the accused is not already in the legal custody of the police, no complaint or information shall be filed without first giving the accused a chance to be heard in a preliminary investigation, where such accused can be subpoenaed and appears before the investigating fiscal, with the right to cross-examine the complaint and his witnesses: Provided, That when the accused is detained, he may ask for a preliminary investigation, but he must sign a waiver of the provisions of Article one hundred twenty-five of the Revised Penal Code, as amended: And Provided, further, That if the case has already been filed in court, he may ask for a reinvestigation thereof later on with the same right to cross-examine the witnesses against him: Provided, finally, That notwithstanding such waiver, the said investigation must be terminated within ten days from its inception."
Section 14. Section eighty-two and the first paragraph of Section eighty-six of the same Act are amended to read as follows:
"Sec. 82. The General Auditing Office. -The Auditor General or his delegate shall receive and audit all accounts of the city, in accordance with the provisions of laws relating to Government accounts and accounting.1avvphi1 T he city auditor shall receive a salary of five thousand seven hundred pesos a year.
"Sec. 86. The City Health Department—Powers and duties of the City Health Office. -There shall be in the City of Cavite a City Health Officer who shall have charge of the City Health Department. He shall have a salary of not exceeding five thousand seven hundred pesos per annum. The city health officer shall have the following general powers and duties:"
Section 15. Section eighty-six of the same Act is amended by adding the following new subsections:
"(h) He shall have general supervision and control over the cleaning of all public buildings including markets, stockyards and slaughterhouses and buildings rented for city purposes; public toilets and all streets, avenues, alleys, parks and bridges, canals, public grounds recreation and playgrounds.
"(i) He shall have authority to declare that any lot or ground within the City of Cavite belonging to any person or corporation or to the National Government, for any branch or political subdivision thereof, is so low, excavated or walled, diked or dammed as to admit or cause the formation on the surface thereof of stagnant or foul water or that it is a nuisance or a menace to public health, unless filled in or its sanitary condition otherwise improved, shall communicate same to the Mayor.
"(j) He shall be responsible for the administration of all social welfare programs of the city and all medical aid or services furnished by it to indigent persons; and subject to the control of the Director of Medical Services, shall have supervision and administrative control over government hospitals and puericulture centers in the city.
"The City Health Officer shall be the ex-officio local civil registrar of the city and he shall receive an additional salary of not exceeding one thousand two hundred pesos per annum."
Section 16. The provisions of this Act shall not be construed to require new elections or appointments of officers and employees holding positions in the City of Cavite on the date of the approval of this Act, but the said officers and employees shall continue in office unless removed for cause, or until their successors shall have been elected in the next regular election for provincial, city and municipal officials to be held following the approval of this Act, and have qualified, and while they continue in office, they shall receive their respective compensations heretofore received by them unless such compensation is increased in accordance with the provisions of this Act or by other laws or executive orders: Provided, However, That the City Treasurer and the City Engineer shall cease to be members of the Municipal Board on the date this Act takes effect: Provided, further, That the first Vice-Mayor and the additional members of the Municipal Board provided in this Act shall be appointed by the President of the Philippines and shall hold office until their successors shall have been elected in the next regular elections for local officials and shall have qualified.
Section 17. All Acts, executive orders, administrative orders and proclamations or parts thereof inconsistent with any of the provisions of this Act are hereby repealed or modified accordingly.
Section 18. This Act shall take effect upon its approval.
Approved: June 18, 1961.
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