Title
Elective city officials and salary regulation
Law
Republic Act No. 2259
Decision Date
Jun 19, 1959
Republic Act No. 2259 establishes the elective nature of the offices of Mayor, Vice-Mayor, and members of the city council in chartered cities in the Philippines, regulates the election process, creates the position of Vice-Mayor in cities without one, and fixes the salaries and tenure of these offices.

How city officials are elected

  • Section 2 provides that the Mayor, Vice-Mayor, and Councilors are elected at large by the qualified voters of the city.
  • Section 2 requires the election to be on the date of the elections for provincial and municipal officials, and to follow the Revised Election Code.
  • Section 2 allows cities to vote or not vote for certain officials according to their respective charters, and specifically provides that in the cities of Iloilo and Dagupan the qualified voters shall not vote for provincial officials.
  • Section 2 sets the assumption of office: the newly elected city officials assume office on the first day of January following their elections.
  • Section 2 establishes a four-year term, held until successors are duly elected and qualified, unless removed or suspended for cause as provided by law.

Vice-mayor created; presiding and succession

  • Section 3 creates the position of Vice-Mayor in chartered cities that at present have no Vice-Mayor under their corporate charters.
  • Section 3 requires the Vice-Mayor to serve as the presiding officer of the City Council or Municipal Board.
  • Section 3 makes the Vice-Mayor the acting executive authority: the Vice-Mayor performs the duties and exercises the powers of the Mayor in the event of the Mayor’s inability to discharge the powers and duties.
  • Section 3 provides for permanent succession: upon a permanent vacancy in the office of Mayor, the Vice-Mayor becomes Mayor for the completion of the unexpired term.
  • Section 3 governs temporary incapacitation:
    • If the Vice-Mayor is temporarily incapacitated, the councilor who received the highest number of votes in the last election serves as acting Vice-Mayor.
    • If the Mayor is temporarily incapacitated or the Vice-Mayor’s office is vacant, the councilor with the highest number of votes in the last election serves as Acting Mayor.
  • Section 3 restricts council membership during acting service: while serving as Acting Mayor, the councilor does not perform any duty as a member of the council but continues to hold the office of Councilor.
  • Section 3 provides internal leadership during acting Mayor service: the remaining council members elect from among themselves the presiding officer.
  • Section 3 fixes compensation during acting service: for service as Acting Mayor or Acting Vice-Mayor, the Vice-Mayor or councilor receives total compensation equivalent to the salary of the Mayor or Acting Vice-Mayor, as the case may be, during the period of service.

Ex-officio council members replaced by electives

  • Section 4 provides that in chartered cities where the City Treasurer, City Engineer, and/or any other head of office in a province or city sit as ex-officio members of the City Council, they cease as ex-officio members upon the election and qualification of their successors.
  • Section 4 requires creation of additional elective offices: as many elective offices of City Councilors are created as there are ex-officio officers serving as council members.
  • Section 4 mandates that the City Council or Municipal Board keeps the present number of councilors after the ex-officio seats cease.
  • Section 4 specifically provides that in the City of Baguio, there shall be six (6) Councilors.

Incumbency, continuity, and removal

  • Section 5 allows incumbent appointive officials—City Mayors, Vice-Mayors, and Councilors—to continue in office until successors are elected in the next general local elections and qualify, unless sooner removed or suspended for cause.
  • Section 5 provides continuity for incumbent appointive city secretaries until an elective city council or municipal board is elected and qualified, unless sooner removed or suspended for cause.
  • Section 5 provides that after an elective council or board is elected and qualified, the city secretary is elected by majority vote of the elective City Council or Municipal Board.
  • Section 5 states that all other city officials appointed by the President of the Philippines may not be removed except for cause.

Eligibility requirements for city office

  • Section 6 bars any person from being a City Mayor, Vice-Mayor, or Councilor unless the person is at least twenty-five (25) years of age.
  • Section 6 requires residency: the person must be a resident of the city for at least one (1) year prior to election.
  • Section 6 requires voter qualification: the person must be a qualified voter.

Salaries by city classification; proportional reduction

  • Section 7 provides that the Mayor, Vice-Mayor, and members of the Municipal Board receive salary rates subject to availability of funds and in accordance with city classification under Republic Act Numbered Eight hundred and forty.
  • Section 7 directs that for classifying chartered cities, Republic Act Numbered Eight Hundred and forty does not control as to Quezon and Baguio, which are classified according to their respective charters as amended.
  • Section 7 sets salary ranges by class:
    • Class one chartered cities:
      • Mayor: not less than PHP 7,200 but not more than PHP 8,400 per annum.
      • Vice-Mayor: not less than PHP 5,400 but not more than PHP 6,800 per annum.
      • Municipal Board member: not more than PHP 5,400 per annum (each).
    • Class two chartered cities:
      • Mayor: not less than PHP 6,000 but not more than PHP 7,200 per annum.
      • Vice-Mayor: not less than PHP 4,800 but not more than PHP 5,400 per annum.
      • Municipal Board member: not more than PHP 4,800 per annum (each).
    • Class three chartered cities:
      • Mayor: not less than PHP 4,800 nor more than PHP 6,000 per annum.
      • Vice-Mayor: not less than PHP 3,000 but not more than PHP 4,800 per annum.
      • Municipal Board member: not more than PHP 3,000 per annum (each).
    • Class four chartered cities:
      • Mayor: not less than PHP 3,600 nor more than PHP 4,800 per annum.
      • Vice-Mayor: not less than PHP 3,000 nor more than PHP 3,400 per annum.
      • Municipal Board member: not more than PHP 2,400 per annum (each).
    • Class five chartered cities:
      • Mayor: not less than PHP 2,800 nor more than PHP 3,600 per annum.
      • Vice-Mayor: not less than PHP 2,400 but not more than PHP 2,800 per annum.
      • Municipal Board member: not more than PHP 1,800 per annum (each).
  • Section 7 requires proportional salary adjustment: if city revenues cannot support the salary provided for the listed positions in the relevant city class, the City Council for the next fiscal year must make the corresponding proportional reduction to the rates fixed for the same officials in a lower class, and—if the city is in the lowest class—to such lesser rates as the City Council determines.
  • Section 7 imposes a floor: no salary for the Mayor, Vice-Mayor, or Municipal Board members may be reduced below the minimum fixed by the Minimum Wage Law.

Cities excluded from the Act

  • Section 8 excludes Manila, Cavite, Trece Martires, and Tagaytay from the application of the Act.

Repeal and effectivity

  • Section 9 repeals all Acts or parts of Acts, Executive Orders, and rules and regulations inconsistent with the Act.
  • Section 10 provides that the Act takes effect upon approval.

Enactment details

  • Republic Act No. 2259 is titled “AN ACT MAKING ELECTIVE THE OFFICES OF MAYOR, VICE-MAYOR AND COUNCILORS IN CHARTERED CITIES, REGULATING THE ELECTION IN SUCH CITIES AND FIXING THE SALARIES AND TENURE OF SUCH OFFICES.”
  • Republic Act No. 2259 was approved on June 19, 1959.
  • Republic Act No. 2259 is published in 55 OG No. 30, 5705 (July 27, 1959).

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