QuestionsQuestions (Act No. 82)
Pueblos are recognized as municipal corporations with the same boundaries as existing de jure or de facto, and property/property rights vested in the pueblo under its former organization continue to vest in the municipality after incorporation.
Because Section 1 explicitly excludes (1) the city of Manila, which requires special legislation, and (2) settlements of non-Christian tribes, which likewise require special legislation.
It is vested in a president, a vice-president, and a municipal council. The president and councilors (and the vice-president together with them) are chosen at large by qualified electors.
Their term is two years from and after the first Monday in January next after their election, until successors are duly chosen and qualified.
They are classified by population: first class (not less than 25,000: 18 councilors), second class (18,000 to less than 25,000: 14), third class (10,000 to less than 18,000: 10), and fourth class (less than 10,000: 8).
He must be male, 23 years old or over, have legal residence in the municipality for six months immediately preceding election, not be a citizen/subject of a foreign power, and fall under one of the three classes (prior officeholding, property/taxpaying, or speaking/reading/writing English or Spanish).
The elector must subscribe the Elector’s Oath recognizing/accepting U.S. supreme authority, committing to allegiance and obedience to laws/orders. It is administered by the municipal secretary who files it.
Examples include delinquency in public taxes; deprivation by court sentence; violation of the oath of allegiance; being in arms against U.S. authority (from April 1, 1901 onward); contributing money/value to hostile persons/organizations or demanding/receiving such contributions; giving aid and comfort against U.S. authority; insanity/feeble-mindedness.
General municipal elections (except first, per special rules later) are held on the first Tuesday of December each year. The president must prepare and post a proclamation specifying place/hours and notify qualified electors to appear for the elector’s oath during the first 15 days of the month in which the proclamation is dated.
After oaths, the president prepares and posts lists of qualified electors. A five-day period allows demands for inclusion/exclusion. Disputes are settled by a board consisting of the vice-president, municipal treasurer, and the president; where land value is used, assessed tax value conclusively determines it.
Elections are presided over by a board of election judges: three qualified electors (not candidates) plus two tellers, designated prior by majority vote. Voting is by secret ballot with screened tables and a ballot box locked until counting. Each voter checks his name on the official list; illiterates may be assisted by tellers.
A certificate of result is prepared. For three days, residents may file written objections. The chairman sends duplicates and objections to the provincial board, which investigates and may declare the election illegal or candidate ineligible; it can order a special election if necessary, ignoring irregularities that don’t change the actual will of the electors.
They must be qualified electors of the municipality, at least 26 years old, have legal residence for at least one year prior to election, and intelligently speak/read/write Spanish or English or the local dialect.
Ecclesiastics, soldiers in active service, persons receiving salaries from provincial/departmental/governmental funds, and contractors for public works of the municipality cannot be elected or appointed.
The president causes execution of ordinances, supervises subordinates, presides at council meetings and signs the journal. He approves ordinances unless prejudicial to public welfare (veto). The council can override veto by a two-thirds vote. If the president neither approves nor vetoes within five days, the ordinance becomes law.
No single penalty exceeds a fine of P200 or imprisonment for six months (or both). Appeal lies to the Court of First Instance when the fine exceeds P15 or imprisonment exceeds 15 days, with the provincial fiscal representing the prosecution.
Municipal revenues must be devoted exclusively to local public purposes and cannot tax goods and merchandise carried into or out of the municipality. Any attempt to impose an import/export tax in the guise of wharfage or similar charges is void.
Taxes/licenses/fees are fixed by ordinance and may change yearly. Municipal treasurer keeps accounts and pays warrants only upon authorized ordinances/resolutions and presidential warrant countersigned by the secretary. All taxes/revenues are not leased/farmed; they must be collected by the provincial treasurer or authorized deputies.
It consists of the president, municipal treasurer, and a specially authorized deputy of the provincial treasurer. The president is board president and the municipal secretary serves as secretary. The board values/assesses real estate for taxation; decisions are by majority vote.