PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES
REPUBLIC ACTS
| REPUBLIC ACT NO. 2368 - AN ACT TO
AMEND CERTAIN SECTION OF THE REVISED ADMINISTRATIVE CODE, AS AMENDED,
SO AS TO PROVIDE FOR THE CLASSIFICATION OF MUNICIPALITIES, TO FIX THE
MAXIMUM LIMIT OF THE SALARIES OF MUNICIPAL OFFICERS, AND FOR OTHER
PURPOSES |
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Section 1.
Sections twenty-one hundred and seventy, twenty-one
hundred and seventy-one, and twenty-one hundred and eighty-four of the
Revised Administrative Code, as amended, are further amended to read as
follows: "Sec. 2170.
Classification of municipalities � Number of councilors. �
Municipalities are divided into seven classes, according to their
income, as follows:
"(a) First
class: The municipalities that have obtained an average total revenue
of three hundred thousand pesos or more per annum during the last four
fiscal years, and shall have eight councilors;
"(b) Second class: The municipalities that have obtained an average total revenue of two hundred thousand pesos or more per annum, but less than three hundred thousand pesos, during the last four fiscal years, and shall have eight councilors; "(c) Third class: The municipalities that have obtained an average total revenue of one hundred thousand pesos or more per annum, but less than two hundred thousand pesos, during the last four fiscal years, and shall have eight councilors; "(d) Fourth class: The municipalities that have obtained an average total revenue of fifty thousand pesos or more per annum but less than one hundred thousand pesos, during the last four fiscal years, and shall have eight councilors; "(e) Fifth
class: The municipalities that have obtained an average total revenue
of thirty thousand pesos or more per annum, but less than fifty
thousand pesos, during the last four fiscal years, and shall have eight
councilors;
"(f) Sixth class: The municipalities that have obtained an average total revenue of fifteen thousand pesos or more per annum, but less than thirty thousand pesos, during the last four fiscal years, and shall have six councilors: "(g) Seventh class: The municipalities that have obtained an average total revenue of less than fifteen thousand pesos per annum during the last four fiscal years, and shall have six councilors: Provided, That municipalities with an average total revenue of less than five thousand pesos per annum during the same fiscal period shall have only four councilors: "Provided, further, That the
councilors elected at the last general election in each municipality
shall continue to hold office during the term for which they were
elected, and the reduction or increase of the number of councilors in
accordance with the classification of municipalities prescribed in this
Act shall take effect beginning with the general election of nineteen
hundred and fifty-nine.
"Sec. 2171. Classification of municipalities by the Secretary of Finance. � Beginning July first, nineteen hundred and fifty-eight, and for each period of four consecutive fiscal years after said date, the Secretary of Finance shall classify all municipalities on the basis of their average annual income during the four consecutive fiscal years immediately preceding such classification in accordance with the provisions of the next preceding section as certified by the Auditor General. "Sec. 2184.
Maximum limit of salaries. � Except as otherwise specially provided
herein, the annual salaries of municipal officers shall not exceed the
amounts hereinbelow fixed:
"In municipalities of the first class that have obtained during the next preceding two fiscal years and average total annual revenue of one million four hundred thousand pesos or more (First-1): For the mayor, seven thousand eight hundred pesos; for the municipal treasurer, six thousand four hundred and eighty pesos; for the municipal secretary, four thousand two hundred pesos; for the chief of police, three thousand seven hundred and twenty pesos; and for the chief of municipal fire department, three thousand one hundred and twenty pesos. "In municipalities of the first
class that have obtained during the next preceding two fiscal years an
average total annual revenue of one million pesos or more but less than
one million four hundred thousand pesos (First-2): For the mayor, seven
thousand five hundred pesos; for the municipal treasurer, six thousand
one hundred and twenty pesos; for the municipal secretary, three
thousand nine hundred and sixty pesos; for the chief of police, three
thousand six hundred pesos; and for the chief of municipal fire
department, three thousand pesos.
"In municipalities of the first class that have obtained during the next preceding two fiscal years an average total annual revenue of seven hundred thousand pesos or more but less than one million pesos (First-3): For the mayor, seven thousand two hundred pesos; for the municipal treasurer, five thousand seven hundred and sixty pesos; for the municipal secretary, three thousand seven hundred and eighty pesos; for the chief of police, three thousand four hundred and eighty pesos; and for the chief of municipal fire department, two thousand eight hundred and eighty pesos. "In municipalities of the first
class that have obtained during the next preceding two fiscal years and
average total annual revenue of five hundred thousand pesos or more but
less than seven hundred thousand pesos (First-4): For the mayor, six
thousand six hundred pesos; for the municipal treasurer, five thousand
four hundred pesos; for the municipal secretary, three thousand six
hundred pesos; for the chief of police, three thousand three hundred
pesos; and for the chief of municipal fire department, two thousand
seven hundred and sixty pesos.
"In other municipalities of the first class with an average total annual revenue of three hundred thousand pesos or more but less than five hundred thousand pesos (First-5): For the mayor, six thousand pesos; for the municipal treasurer, five thousand and forty pesos; for the municipal secretary, three thousand three hundred and sixty pesos; for the chief of police, three thousand pesos; and for the chief of municipal fire department, two thousand five hundred and eighty pesos. "In municipalities of the second
class: For the mayor, five thousand four hundred pesos; for the
municipal treasurer, four thousand six hundred and eighty pesos; for
the municipal secretary, three thousand pesos; for the chief of police,
two thousand seven hundred pesos; and for the chief of municipal fire
department, two thousand four hundred pesos.
"In municipalities of the third class: For the mayor, four thousand eight hundred pesos; for the municipal treasurer, four thousand three hundred and twenty pesos; for the municipal secretary, two thousand seven hundred pesos; for the chief of police, two thousand four hundred pesos; and for the chief of municipal fire department, two thousand or one hundred and sixty pesos. "In municipalities of the fourth class: For the mayor, four thousand two hundred pesos; for the municipal treasurer, three thousand seven hundred and eighty pesos; for the municipal secretary, two thousand four hundred pesos; for the chief of police, two thousand two hundred and eighty pesos and for the chief of municipal fire department, two thousand and forty pesos. "In municipalities of the fifth
class: For the mayor, three thousand six hundred pesos; for the
municipal treasurer, three thousand two hundred and forty pesos; for
the municipal secretary, two thousand one hundred and sixty pesos; for
the chief of police, two thousand and forty pesos; and for the chief of
municipal fire department, one thousand eight hundred pesos.
"In municipalities of the sixth class: For the mayor, two thousand seven hundred and sixty pesos; for the municipal treasurer, two thousand four hundred pesos; for the municipal secretary, one thousand five hundred and sixty pesos; and for the chief of police, one thousand six hundred and eighty pesos. "In municipalities of the seventh class: For the mayor, two thousand one hundred and sixty pesos; for the municipal treasurer one thousand nine hundred and twenty pesos; for the municipal secretary, one thousand four hundred and forty pesos; and for the chief of police, one thousand four hundred and forty pesos. "Two-third of the salary of the
municipal treasurer shall be paid out of municipal funds, in his
capacity as such, and one-third thereof out of provincial funds, in his
capacity as deputy of the provincial treasurer: Provided, That the
provincial board concerned may, in its discretion, authorize as salary
of the municipal treasurer in his capacity as deputy of the provincial
treasurer an amount more than the maximum rate fixed herein as payable
from provincial funds, provided the corresponding maximum salary rate
hereinabove fixed is not exceeded.
"With the approval of the
Secretary of Finance, the annual salaries of municipal officers of a
municipality which is the capital of a province or a subprovince may be
fixed at rates higher than those authorized for the class to which the
municipality belongs: Provided, That the salaries so fixed shall not
exceed the maximum rates authorized for the corresponding officers in
the next higher scale of salaries herein established: Provided,
further, That in case no higher scale is provided herein, said salaries
of officers of provincial and subprovincial capitals may, with the
approval of the Secretary of Finance, be increased by not more than
three hundred and sixty pesos per annum."
Sec. 2. Paragraph one of section twenty-one hundred and eighty-seven of the Revised Administrative Code, as amended by Republic Act Numbered Nineteen hundred and forty-three, is further amended to read as follows: "Sec. 2187.
Compensation of vice-mayor and councilors � Full pay for sick
mayor.-The municipal council may grant to the vice-mayor and each
councilor a per diem not to exceed twenty pesos in municipalities of
the first class; eighteen pesos in municipalities of the second class;
fifteen pesos in municipalities of the third class; twelve pesos in
municipalities of the fourth class; ten pesos in municipalities of the
fifth class; eight pesos in municipalities of the sixth class; and six
pesos in the seventh class municipalities, for each day of regular or
special session of the council actually attended by them: Provided,
however, That no per diem may be granted for more than four special
sessions a month. When, by reason of absence, suspension, or other
disability, the mayor ceases to discharge the duties of his office, the
vice-mayor or councilor acting as mayor shall receive compensation
equivalent to the salary of the mayor during the period of such
service."
Sec. 3. Section twenty-two hundred and seventy-seven of the Revised Administrative Code is hereby amended to read as follows: "Sec. 2277-B. Salaries of members of municipal fire
department. � The salaries of the chief and other members of the
municipal fire department shall be fixed by the municipal council."
Sec. 4. Sections twenty-two hundred and ninety-one (A) and twenty-two hundred and ninety-nine of the Revised Administrative Code, as amended, are further amended to read as follows: "Sec. 2291
(A). Municipal permanent public improvement fund. �
There shall be a special fund in the treasury of each municipality
which shall be known as permanent public improvement fund. To this fund
shall accrue the appropriations from time to time made by the municipal
council and twelve per centum of the municipal general fund in first,
second, and third class municipalities, ten per centum in fourth and
fifth class municipalities, and eight per centum in sixth and seventh
class municipalities, as defined in the next preceding section. This
fund shall be available exclusively for the construction and
maintenance of all public improvements: Provided, That if the municipal
council should require this fund for other peremptory needs of the
municipality, it may use it for the same, subject to the approval of
the provincial board.
"Sec. 2299.
General limitation upon amount expendable for salaries and wages. �
Except as hereinbelow provided, there shall not be expended during any
fiscal year for salaries and wages of municipal officials and employees
of every description, excluding those employed on public works, in
municipalities of the first class more than fifty-five per centum, in
municipalities of the second class more than sixty per centum, in
municipalities of the third class more than sixty-five per centum, in
municipalities of the fourth class more than seventy per centum, in
municipalities of the fifth class more than seventy-five per centum, in
municipalities of the sixth class more than eighty per centum, of the
annual revenues accruing to the municipal general funds during said
fiscal year, exclusive of all balances carried forward from preceding
years, and any and all appropriations, loans, or gifts made from
national, provincial, or private funds.
"With the approval of the Secretary of Finance a municipality may, for justifiable cause, exceed the foregoing percentages under such limitations as may be prescribed by the said Secretary." Sec. 5. Upon the first classification of municipalities provided in this Act, the provisions of existing laws, orders, rules and/or regulations referring to the first class-A municipalities shall apply to the first class or the second class municipalities, as the case may be, and those referring to the first class-B, first class, second class, third class, and the fourth and fifth class municipalities shall apply to the third class, fourth class, fifth class, sixth class, and the seventh class municipalities, respectively, as defined in this Act: Provided, That the term "first class municipalities," or "municipalities of the first class," or "municipalities belonging to the first class group," or other similar term, whenever used in any provision of existing law, order, rule or regulation not expressly amended or modified by this Act, shall, upon the initial classification of municipalities herein provided, apply to the fourth, third, second and first class municipalities as defined in section one hereof: Provided, further, That municipalities with an average total annual revenue of less than five thousand pesos shall not be subject to the financial contribution provided in section two of Republic Act Numbered Nineteen hundred and thirty-nine. Sec. 6. The municipal officers mentioned in this Act shall be entitled to receive the full amount of the appropriations for their salaries which may be provided and approved in the corresponding provincial and municipal budgets in accordance with the provisions of section one hereof, any provision of existing laws, rules and regulations to the contrary notwithstanding: Provided, That the maximum rate of compensation authorized for the civil service eligibility, where this is required, of the officer concerned is not exceeded. Sec. 7. Paragraphs two, three, four, five, six, seven, eight, nine, and ten of section twenty-two hundred and seventy-three of the Revised Administrative Code, as amended, section three of Republic Act Numbered Thirteen hundred and forty-six, and all other Acts or parts thereof which are inconsistent with any provision of this Act are hereby repealed and/or modified accordingly.
Sec. 8. This Act shall take effect upon its
approval. Approved: June 20, 1959 |