Title 12. The Law Regarding Municipalities

For purposes of the Public Administration, the national territory is divided into provinces. They are divided into cantons and the cantons into districts. The law may establish special circumscriptions.

The Legislative Assembly, by observing the procedures required for a partial amendment of this Constitution, may create new provinces, provided that the appropriate proposal be previously approved by a plebiscite which the Assembly shall order to be held in the province or provinces which are to be divided.

The creation of new cantons shall be approved by the Legislative Assembly by a vote of no less than two thirds of the entire membership.

The administration of local interests and services in each canton shall be entrusted to the Municipal Government, consisting in a deliberative body composed of municipal council members designated by popular election and an executive official to be designated by law.

The municipal entities are autonomous.

Municipal council members shall be elected for a term of four years and they shall hold office compulsorily.

The law shall specify the number of municipal council members and the manner in which they shall serve.

However, the Municipal Governments of the central cantons of provinces shall consist of no less than five regular council members and a like number of alternates.

The Municipal Governments shall be installed on the first day of May of the appropriate year.

(As amended by subsection 2 of the single Article of Law No. 2741, May 12, 1961.)

Each district shall be represented in the municipality of the respective canton by a regular representative (síndico) and an alternate, entitled to speak but not to vote.

Municipal ordinances may be:

1. Objected to by the official designated by law, by means of a duly reasoned veto;

2. Appealed by any interested party.

In either case, if the Municipal Government does not revoke or amend the ordinance objected or appealed, the case shall be referred to such Court of the Judicial Branch as determined by law, for final resolution thereof.

The law shall specify those cases in which Municipal Governments require legislative authorization to subscribe loan agreements, encumber their properties or revenues, or dispose of real or personal property.

Municipal Governments shall fix their ordinary and extraordinary budgets. In order to take effect, they shall be approved by the Office of the Comptroller General, which shall supervise their execution.