REPUBLIC ACT No. 3622

An Act Amending Certain Sections of Commonwealth Act Numbered Three Hundred Thirty-Eight, Otherwise Known as the Charter of the City of Tagaytay

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. The first paragraph of Section six of Commonwealth Act Numbered Three hundred thirty-eight, as amended, is further amended to read as follows:

"Sec. 6. Appointment of city officials— Compensation. -The President of the Philippines shall appoint, with the consent of the Commission on Appointments, the city health officer, the city engineer, the city treasurer, the city assessor, the city attorney, and the assistant city attorney, and he may remove a pleasure any of the said appointive officers. He may appoint to any of the abovenamed offices, persons who already hold official positions, and any officer or employee in the public service who shall be appointed or designated to any authorized position in the government of the city may, in the discretion of the appointing authority, receive all or any part of the salary appropriated for the position, other provisions of law to the contrary notwithstanding. In the case of sickness, absence, or inability to serve for any reason, of any of the aforementioned officials, the President of the Philippines may make a temporary appointment or designation until the return to duty of such official. During the period of such temporary appointment or designation, the person receiving the same shall possess all the powers and perform all the duties pertaining thereof:"

Section 2. The first paragraph of Section eleven of the same Act is amended to read as follows:

"Sec. 11. The Mayor. -There shall be a Mayor who shall be elected by the qualified voters of the city during every election for provincial and municipal officials. No person shall be elected Mayor unless he is at least twenty-five years of age, has been a resident of the city for at least two years immediately prior to his election, and is a qualified voter therein. He shall have the following general powers and duties:"

Section 3. Subsection (d) of Section eleven of the same Act is repealed.

Section 4. Subsection (g) of Section eleven of the same Act is amended to read as follows:

"(g) He shall appoint, in accordance with the Civil Service Law, the city secretary, all employees of the office of the mayor, and all heads and assistant heads of departments not otherwise herein provided for, and employees and laborers of the city which may be provided for by law or ordinance, and, at any time, for cause, he may suspend any such officer or employee thus appointed for a period not exceeding ten 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."

Section 5. Sections twelve and thirteen of the same Act are amended to read as follows:

"Sec. 12. The Vice-Mayor. -There shall be a vice-mayor who shall be elected in the same manner, and shall possess the same qualifications, as the mayor. He shall be the presiding officer of the City Council, and shall, during the absence of the Mayor from the city of his disability for any reason, discharge the duties of his office and exercise all his powers, except that of removing any officer from office.

"Sec. 13. The City Council—Meetings—Ordinances. -There shall be a City Council composed of the vice-mayor and four members who shall be elected in the same manner, and shall possess the same qualifications, as the mayor. The Council shall fix the time and places for its regular meetings, which shall be held once in each week, and shall hold special meetings 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. Meetings 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 its 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.1âшphi1 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 motion or resolution. The affirmative vote of majority of all the members of the City Council shall be necessary for the passage of any ordinance, or any resolution or motion directing the payment of money or creating liability, but other measures shall prevail upon the majority vote of the members present at any meeting duly called and held. Each ordinance shall be sealed with the city seal, signed by the Mayor and the city secretary, and recorded in a book kept for that purpose. Each ordinance shall, on the day after it passage, be posted by the city secretary at the main entrance to the municipal building, 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 6. Subsection (e) of Section twenty-one of the same Act is amended to read as follows:

"(e) He shall have charge of the prosecution of all crimes and misdemeanors and violations of city ordinances in the justice of the peace court. He shall also have charge of all prosecution of crimes, misdemeanors, and violations of city ordinances appealed to, or brought before, the Court of First Instance of the Province of Cavite."

Section 7. The first paragraph of Section twenty-four of the same Act is amended to read as follows:

"Sec. 24. The Chief of Police. -There shall be a chief of police who shall be appointed by the Mayor upon recommendation of the City Council. He shall have the following general powers and duties:"

Section 8. This Act shall take effect upon its approval: Provided, That the first election for mayor, vice-mayor, and councilors shall be held simultaneously with the general elections for provincial and municipal officials in November nineteen hundred sixty-three: Provided, further, That until their respective successors shall have been elected and have qualified, the incumbent mayor, vice-mayor and councilors shall continue in office and shall not be removed except for cause.

Approved: June 22, 1963.


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