Question & AnswerQ&A (Act No. 82)
Pueblos incorporated under Act No. 82 are designated as municipalities (municipios).
Qualified electors are male persons at least 23 years old, residents of the municipality for 6 months prior to election, not foreign citizens, and who are either former municipal officials before August 13, 1898, own real property worth 500 pesos or pay taxes of 30 pesos or more annually, or can speak, read, and write English or Spanish.
There are four classes: First class (25,000+ inhabitants, 18 councilors), Second class (18,000-24,999 inhabitants, 14 councilors), Third class (10,000-17,999 inhabitants, 10 councilors), Fourth class (less than 10,000 inhabitants, 8 councilors).
Each municipality's government consists of a president, a vice-president, and a municipal council.
Disqualifications include being delinquent in taxes, deprived of voting rights by court, violating oath of allegiance to the US, being in arms against US authority since April 1, 1901, giving aid to the enemy, and being insane or feeble-minded.
The municipal president is the chief executive, executes ordinances, supervises municipal duties, inspects records, issues safety orders, draws warrants, assists in tax collection, holds court for ordinance violations, may suspend municipal employees, presides over council meetings, appoints municipal officers with council consent, and makes annual reports.
Elections are by secret ballot held on the first Tuesday of December each year, in designated municipal buildings, with a board of election judges and tellers overseeing the process, including voter identification, ballot distribution, voting until 4 PM, ballot counting, and certification of results.
For first-class municipalities, the president's salary shall not exceed 1,200 pesos, the municipal secretary's 600 pesos, and the municipal treasurer's 800 pesos per annum.
A person elected must qualify and serve, except if exempted due to having served two prior terms, physical disability, or being over 65 years of age. Violation results in imprisonment up to six months upon conviction.
Revenues come from ad valorem property taxes, fisheries privileges, fees for cattle certificates, rents and profits from municipal property, school tuition fees (non-primary), licenses for various activities and establishments, and municipal fines, among others.
No, the municipal council cannot impose import or export taxes or disguised charges such as unreasonable wharfage fees on goods carried into or out of the municipality.
Such officers can be removed from office by a two-thirds council vote and, upon court conviction, imprisoned from six months to two years.
The council consists of councilors and the vice-president. Regular meetings are held once every two weeks, with special meetings as needed.
The council can set salaries, fill vacancies, manage municipal property, enact ordinances, levy taxes, approve budgets, establish police, regulate health and safety, license businesses, and more as authorized by the Act.
They must execute a bond with two or more sureties approved by the president, provincial treasurer, and municipal council, conditioned on faithful performance and payment of funds.