Act No. 2657

ACT NO. 2657

AN ACT CONSISTING AN ADMINISTRATIVE CODE

BOOK I

Organization, Powers, and General Administration of Philippine Government

TITLE I

Matter of General Nature

PRELIMINARY CHAPTER

Title of Act

SECTION 1. Title of Act. – This Act shall be known as the Administrative Code.

The contents may be cited by the numbered sections, and in case of any portion bearing a special title also by such title.

ARTICLE I

Definitions

SECTION 2. Words and Phrases Defined. – The following expressions shall be taken in the sense hereinbelow indicated, except as a different meaning for the word or phrase in question may be given in a particular statute or is plainly to be collected from the context or connection where the term is used:

“The Government of the Philippine Islands” is a term which refers to the corporate governmental entity through which the functions of government are exercised through-out the Philippine Islands, including, save as the contrary appears from the context, the various arms through which political authority is made effective in said Islands, whether pertaining to the central Government or to the provincial or municipal branches or other form of local government.

“Insular Government” refers to the central Government as distinguished from the different forms of local government. “Philippine Government” refers to the Government of the Philippine Islands.

“Specially organized province” includes Batanes, Mindoro, Mountain Province, Nueva Vizcaya, and Palawan.

“Regularly organized province” includes all provinces except the specially organized provinces and the provinces of the Department of Mindanao and Sulu.

“Municipality” refers to municipalities proper and except as otherwise specially provided does not include chartered city, township, municipal district, or other local political division.

“Chartered city”, “city incorporated under special charter”, and similar expressions refer to cities, like Manila and Baguio, incorporated under special laws.

“Citizen of the Philippine Islands” includes not only those who acquire the status of citizens of the Philippine Islands by birth or naturalization, but also persons who have acquired the status of Filipinos under Article IX of the Treaty of Paris, of the tenth of December, one thousand eight hundred and ninety-eight.

[Act of Congress, July 1, 1902, sec. 4.]

“Employee,” when generally used in reference to persons in the public service, includes any person in the service of the Government or any branch thereof of whatever grade or class.

“Officer”, as distinguished from “clerk” or “employee”, refers to those officials whose duties, not being of a clerical or manual nature, may be considered to involve the exercise of discretion in the performance of the functions of government, whether such duties are precisely defined by law or not.

“Officer”, when used with reference to a person having authority to do a particular act or perform a particular function in the exercise of governmental power, shall include any Government employee, agent, or body having authority to do the act or exercise the function in question.

The word “person” includes both natural and artificial persons.

ARTICLE II

General Principles

SECTION 3. Relation of Administrative Code to Prior Laws. – Such provisions of this Code as incorporate prior laws shall be deemed to be made in continuation thereof and to be in the nature of amendments thereto, without prejudice to any right already accrued.

SECTION 4. Authority of Officer to Act Through Deputy. – A ministerial act which may be lawfully done by any officer may be performed by him through any deputy or agent lawfully created or appointed.

SECTION 5. Exercise of Administrative Discretion. – The exercise of the permissive powers of all executive or administrative officers and bodies is based upon discretion, and when such officer or body is given authority to do any act but not required to do such act, the doing of the same shall be dependent on a sound discretion to be exercised for the good of the service and benefit of the public, whether so expressed in the statute giving the authority or not.

SECTION 6. Form of Enacting Clauses. – The enacting clause of all statutes passed by the Philippine Legislature shall be: By authority of the United States, be it enacted by the Philippine Legislature, that; and the enacting clause of all statutes passed by the Philippine Commission, in its separate legislative capacity, shall be: By authority of the United States, be it enacted by the Philippine Commission, that.

[J. R. 3, First Legislature.]

SECTION 7. Numbering and Frame of Sections. – Every Act shall be divided into sections, each of which shall be numbered and shall contain, as nearly as may be, a single proposition of enactment.

[See U. S. Rev. Stat., sec. 10.]

SECTION 8. Manner of Referring to Statutes. – Statutes passed by the Philippine Legislature or the Philippine Commission shall, for purposes of formal reference, be denominated Acts and may be identified by their respective serial numbers; but where a special title is supplied for a particular statute, it may also be referred to by such title.

[See 6-1; 2000-1.]

SECTION 9. When Laws Take Effect. – A statute passed by the Philippine Legislature or by the Philippine Commission shall, in the absence of special provision, take effect at the beginning of the fifteenth day after the completion of the publication of the statute in the Official Gazette, the date of issue being excluded. For the purpose of fixing such date the Gazette is conclusively presumed to be published on the day indicated therein as the date of issue.

Resolutions will have effect from the date of passage, unless otherwise declared.

[1945-1, 2; 1971-1, 2.]

SECTION 10. Ignorance of Law. – Ignorance of the law does not excuse from compliance therewith.

[Civil Code, art. 2.]

SECTION 11. Computation of Time. – In computing time from or after a fixed date the day of the date shall be excluded.

“Month” shall be understood to refer to a calendar month; “day,” to a day of twenty-four hours; and “night,” to the period from the setting to the rising of the sun.

[Civil Code, art. 7]

SECTION 12. No Implied Revival of Repealed Law. – When a law which expressly repeals a prior law is itself repealed the law first repealed shall not be thereby revived unless expressly so provided.

SECTION 13. English Version Controlling. – In the interpretation of a law officially promulgated in English and Spanish, the English text shall govern, but in case of ambiguity, omission, or mistake the Spanish may be consulted to explain the English text. The converse rule shall, however, be applied if so provided in the particular statute.

[1788-1.]

ARTICLE IV

Jurisdiction and Distribution of Powers of Government

SECTION 14. Territorial Jurisdiction and Extent of Powers of Philippine Government. – The territory over which the Government of the Philippine Islands exercises jurisdiction consists of the entire Philippine Archipelago and is comprised in the limits defined by the treaties between the United States and Spain, respectively signed in the city of Paris on the tenth day of December, eighteen hundred and ninety-eight, and in the city of Washington on the seventh day of November, one thousand nine hundred.

SECTION 15. Distribution of Powers of Government. – The executive, legislative, and judicial powers of the Philippine Government are distributed, respectively, among the executive, legislative, and judicial branches, severally exercising the functions and powers conferred on them by law.

The executive authority is vested in the following agencies: The Governor-General of the Philippine Islands, as Chief Executive; the Philippine Commission, in the exercise of its administrative functions; the several Departments and Bureaus of the Insular Government, with their lawful instrumentalities; and the provincial and local governments, with their subordinate functionaries, in the exercise of the administrative powers conferred on them.

The legislative bodies are, for the Philippine Archipelago, exclusive of the territory inhabited by Moros or other non-Christian inhabitants, the Philippine Legislature, consisting of two branches, to wit, the Philippine Commission and the Philippine Assembly; for the territory inhabited by Moros or other non-Christian inhabitants, the Philippine Commission.

The judicial power is vested in the Supreme Court, Courts of First Instance, courts of justices of the peace, and in such municipal and other inferior courts as may be created by law.

ARTICLE V

Arms and Great Seal

SECTION 16. Arms and Great Seal of Government of Philippine Islands. – The Arms and Great Seal of the Government of the Philippine Islands are these: Arms – Paleways of thirteen pieces, argent and gules; a chief azure; over all the arms of Manila, per fess gules and azure, in chief the castle of Spain or, doors and windows azure, in base a sea lion, argent langued and armed gules, in dexter paw a sword hilted or. Crest – The American eagle displayed proper. Beneath, a scroll with the words “Philippine Islands” inscribed thereon.

The Great Seal shall be circular in form, with the arms as described in the last preceding section, but without the scroll and the inscription thereon, and surrounding the whole a double marginal circle within which shall appear the words “Government of the Philippine Islands”, “United States of America”, the two phrases being divided by two small five-pointed stars. For the purpose of placing the Great Seal, the colors of the arms shall not be deemed essential.

[1365-1, 2.]

SECTION 17. Custody and Use of Great Seal. – The Great Seal shall be and remain in the custody of the Executive Secretary, and shall be affixed to or placed upon all commissions signed by the Governor-General, and upon such other official documents and papers of the Government of the Philippine Islands as may by law be provided, or as may be required by custom in the discretion of the Governor-General.

[1365-3.]

ARTICLE VI

Administration of Oaths in General

SECTION 18. Solemn Affirmation in Lieu of Oath. – Solemn affirmation shall in all cases be accepted in lieu of oath if the person of whom an oath is required is conscientiously scrupulous about taking an oath.

SECTIONS 19. Officials Authorized to Administer Oaths. – The following officers have general authority to administer oaths, to wit:

Notaries public; judges of courts; clerks of Courts of First Instance and the clerk of the Supreme Court; the Secretary of the Upper House of the Philippine Legislature; the Secretary of the Philippine Assembly; registers of deeds; justices of the peace and the auxiliary justices of the peace; the governor of a province; the president of a municipality; any other officer in the Philippine service appointed by the Governor-General, Secretary of War, or President of the United States. A person who by authority of law shall act in the capacity of any of the officers mentioned above shall possess the same power.

[82-60; 136-88; 162-1, 2; 190-384; 234-2; 742-1; 809-1 (a); 1407-36; 1699-5; 1792-37; 2041-3; Comp. 2274.]

SECTION 20. Duty to Administer Oaths. – With the exception of notaries public, justices of the peace, and clerks of court, officers authorized to administer oaths are not obliged to administer oaths or execute certificates save in matters of official business; and with the exception of notaries public, the officer performing the service in such matters shall charge no fee unless so provided by law.

[1165-2; 1407-36; 2139-2; Comp. 3388 to 3394.]

ARTICLE VII

Oaths of Office

SECTION 21. Oath of Office for Insular and Provincial Employees. – Save in the case of a laborer or emergency employee, every person elected or appointed to an office or position of trust or profit in the Insular or provincial service, or service of a chartered city, shall, before entering upon the discharge of his duties, take and subscribe an oath of office, in such form as shall be prescribed by the Executive Secretary, wherein the affiant shall declare that he recognizes and accepts the supreme authority of the United States of America and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and decrees promulgated by its duly constituted authorities; that he will well and faithfully discharge to the best of his ability the duties of the office or position upon which he is about to enter or of any position to which he may thereafter be appointed; and that the obligation imposed by such oath of office is assumed by him voluntarily, without mental reservation or purpose of evasion.

[82-16; 83-16; 136-7, 43, 84; 183-7; 1396-5; 1397-16.]

SECTION 22. Oath of Office of Municipal Officials. – Every person elected or appointed to a municipal or township office shall, before entering upon the discharge of his duties, take and subscribe an oath of office, in such form as shall be prescribed by the Executive Secretary, wherein the affiant shall declare that he has the requisite qualifications to hold office in the municipality; that he recognizes and accepts the supreme authority of the United States of America and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and decrees promulgated by its duly constituted authorities; that he will well and faithfully discharge to the best of his ability the duties of the office upon which he is about to enter or of any position to which he may thereafter be appointed; and that the obligation imposed by such oath of office is assumed by him voluntarily, without mental reservation or purpose of evasion.

[82-16 (a, b).]

SECTION 23. Occasions for Administration of Official Oath. – Notaries public and persons entering upon office by virtue of election shall take the oath upon the occasion of every appointment or induction into office; those entering the service by appointment, except notaries, shall be required to take the oath only upon the occasion of first entering upon the discharge of their duties in the particular branch of the service to which they respectively pertain; but if any such appointee should at any time be entirely separated from the service, he shall be required to take the oath upon entering the service again.

SECTION 24. By Whom Oath of Office may be Administered. – The oath of office may be administered by any officer generally qualified to administer oaths; but the oath of office of the members and officers of either House of the Legislature may also be administered by persons designated for such purpose by the respective Houses.

[82-16 (b); 2139.]

SECTION 25. Preservation of Oaths. – Oaths administered to officers and employees as aforesaid shall, in the absence of special provision, be filed in the Bureau, Office, or branch of the service to which they respectively pertain and shall be there preserved.

SECTION 26. Swearing of Interpreters and Stenographers. – Interpreters and stenographers employed to interpret, report, or certify sworn testimony in any nonjudicial examination, investigation, or inquiry which may be authorized by law shall, before entering upon the discharge of their duties, be required to take a verbal oath, after the manner of the swearing of ordinary witnesses, well and truly to interpret, report, or certify in the matter then to be submitted to them in their respective capacities.

[1697-1.]

ARTICLE VIII

Legal Holidays

SECTION 27. Legal Holidays. – Thursday and Friday of Holy Week, Thanksgiving Day, Christmas Day, and Sundays are legal religious holidays.

The other legal holidays are: The first of January, the twenty-second of February, the first of May, the thirtieth of May, the fourth of July, the thirteenth of August, and the thirtieth of December.

The day appointed by law for holding the general election is also a holiday in all parts of the Philippine Islands where the inhabitants are entitled to participate in the election of members of the Philippine Legislature.

[1818-1.]

When any regular holiday of fixed date falls on Sunday the next succeeding day shall be observed as a legal holiday.

[345-2; 745-1.]

SECTION 28. Special Holiday Declared by Governor-General. – The Governor-General may, in his discretion, proclaim any other day a special public holiday for a particular date, and in calling a special election for a delegate to the Assembly, or for a provincial office he shall limit such holiday, if one is declared, to the particular district or province where the election is held.

[1671-2; 1818-2.]

SECTION 29. Pretermission of Holiday in Performance of Civil Act. – When any act is appointed by law or contract to be performed upon a particular day, which day falls upon a legal holiday, the next succeeding business day shall be deemed to be the day for the due performance thereof.

[2081-194.]

ARTICLE IX

Weights and Measures

SECTION 30. Standard Weights and Measures in Philippine Islands. – The weights and measures to be used throughout the Philippine Islands are those of the metric system, with the following units:

(a) The unit of length is the standard meter, being the one ten-millionth part of the distance from the equator to the pole.

(b) The unit of area is either the square meter or an area of one hundred square meters known as the are.

(c) The unit of cubical contents or capacity is either the cubic meter or the one-thousandth part thereof known as the liter.

(d) The unit of weight is the gram.

The length of the standard meter shall be determined for the Philippine Islands by the length at the temperature of zero degrees centigrade of the fundamental standard measure numbered seventy-one, now preserved in the Bureau of Science and certified to by the International Bureau of Weights and Measures.

The weight of the standard gram shall be determined for the Philippine Islands by the weight at Manila of one-millionth of a cubic meter of pure water at the temperature of four degrees centigrade, or the one-thousandth part of the standard kilogram certified to by the International Bureau of Weights and Measures, designated by the symbol “L” and now preserved in the Bureau of Science.

[2339-125.]

SECTION 31. Requirement as to Use of Metric System. – The metric system of weights and measures, with its recognized scales, shall be used in all contracts, deeds, and other instruments publicly and officially attested, and in all official documents; and, except as hereinbelow provided, only weights and measures of the metric system shall be officially sealed and licensed.

In the purchase and sale of manufactured lumber the English system of measures may be employed; and in ordering commodities or articles from abroad such weights and measures may be employed as are commonly used in the country to which the order is sent or from which the goods are shipped.

[2339-126.]

ARTICLE X

Division of Archives, Patents, Copyrights, and

Trade-Marks

SECTION 32. Division of Archives, Patents, etc. – In the division of archives, patents, copyrights, and trade-marks shall be kept such public records, papers, and documents as may, in accordance with law or by order of the Governor-General, be deposited therein.

The chief of said division shall be an ex officio notary public.

[644-1; 1407-3 (b).]

SECTION 33. Seal of Division. – The division of archives, patents, copyrights, and trade-marks shall have a seal of such design as shall be prescribed by law or order of the Governor-General.

Said seal shall be used on all certified copies of documents and papers issued by the division and on all other papers upon which a seal from said office may be required, whether in notarial capacity or otherwise.

[644-1.]

SECTION 34. Information for Official Purposes. – Delivery of Original Documents. – The chief of said division shall furnish or cause to be furnished without charge, for official use, such information from the Insular archives and such papers and certified copies of papers contained therein as may be requested in writing by the Governor-General, any member of the Upper House of the Philippine Legislature, the head of any Department, Bureau, or Office of the Insular Government, or by any provincial board or municipal council.

No original document or file copy of any documents shall be delivered to the head of any Bureau or Office or to any provincial board or municipal council without the written approval of the Governor-General or proper Department head.

The person or persons to whom such original document or paper or file copy is delivered shall be held responsible for its proper care and custody while in his or their possession.

[644-1 (3), (6).]

SECTION 35. Copies for Private Purposes – Fees. – Said chief shall also furnish, or cause to be furnished, to any private person or persons making written application for the same, one or more copies of any document or paper in the archives in which such person or persons may be personally concerned and to which he or they may be entitled, the same to be accompanied by a certificate of its correctness, if desired, on the payment of the following fees:

For each certificate of correctness, with seal of office, fifty centavos.

For each folio, or fraction thereof, consisting of a sheet approximately two hundred sixteen by three hundred thirty millimeters with proper heading, double space, and approximately three centimeters margin, one peso.

[644-1 (5).]

SECTION 36. Seal and Signature on Certificate of Registry. – Certificates of registry of trade-marks and trade-names shall be issued in the name of the Government of the Philippine Islands, under the seal of the division and shall be signed by the chief of division; and a record thereof, together with printed copies of the specific trade-marks or trade-names, shall be kept by him in books for that purpose.

[803-1.]

SECTION 37. Regulations Concerning Transfer of Trade-Marks and Trade-Names. – Regulations prescribing the forms to be used in the transfer of the right to use trade-marks and trade-names and the manner of the recording of such transfers shall, with the approval of the proper Department head, be prescribed by the chief of Bureau or Office to which said division shall pertain.

[666-19.]

SECTION 38. Official Attachment of Division. – Until such time as the division of archives, patents, copyrights, and trademarks shall be merged into the Philippine Library and Museum, said division shall remain under the Executive Bureau.

[See 2572.]

ARTICLE XI

Official Gazette

SECTION 39. Reporter of Supreme Court as Editor of Official Gazette. – In addition to the duties imposed upon the Reporter of the Supreme Court in his capacity as such, it shall also be his duty, under the direction of the Governor-General, to edit the Official Gazette and compile the volumes of the Public Laws.

[1675-1.]

SECTION 40. Contents of Official Gazette. – The Official Gazette shall contain all legislative Acts and all resolutions of a public nature of the Legislature, all executive orders, such decisions or abstracts of decisions of the Supreme Court as may be deemed by said court of sufficient importance to be so published, and such other official documents as are usually published in an official gazette which may be designated for publication by the Governor-General.

The publication of any law, resolution, or other official document in the Official Gazette shall be prima facie evidence of its authenticity.

[664-1; 1675-1.]

At the end of each quarter an index shall be supplied as a part of the Official Gazette. The index published at the end of the last quarter shall be complete for the entire year.

[453-2; 1347-2 (a).]

SECTION 41. English and Spanish Issues of Official Gazette – Printing and Distribution. – The Official Gazette shall be published weekly and separately in both the English and Spanish languages, the two corresponding issues bearing the same date and containing the same matter.

The printing, sale, and distribution of the Gazette shall be effected by the Bureau of Printing.

[Comp. 2190, 2192.]

Each Insular Bureau and each provincial and municipal government shall subscribe for at least one copy of the Official Gazette and pay for the same out of their respective funds. Such copies shall be filed and properly kept with the public records of the Bureau, province, or municipality for reference.

[Comp. 2135 (d).]

CHAPTER 2

Political Grand Divisions and Subdivisions

ARTICLE I

Grand Divisions

SECTION 42. Grand Divisions of Philippine Islands. – The Philippine Islands comprise the thirty-six provinces named in the next succeeding paragraph hereof, the seven provinces of the Department of Mindanao and Sulu, and the territory of the city of Manila.

The provinces, other than the provinces of the Department of Mindanao and Sulu, are these: Albay, Ambos Camarines, Antique, Bataan, Batanes, Batangas, Bohol, Bulacan, Cagayan, Capiz, Cavite, Cebu, Ilocos Norte, Ilocos Sur, Iloilo, Isabela, Laguna, La Union, Leyte, Mindoro, Misamis, Mountain Province, Nueva Ecija, Nueva Vizcaya, Occidental Negros, Oriental Negros, Palawan, Pampanga, Pangasinan, Rizal, Samar, Sorsogon, Surigao, Tarlac, Tayabas, and Zambales.

The provinces of the Department of Mindanao and Sulu are these: Agusan, Bukidnon, Cotabato, Davao, Lanao, Sulu, and Zamboanga.

The city of Manila comprises a separate jurisdiction and is not included within the territory of any province; but, in the absence of special provision, the term “province” may be construed to include the city of Manila for the purpose of giving effect to laws of general application.

Any small island of the Philippine Archipelago not hereinafter specifically assigned to a definite province shall belong to the province to which it is in closest proximity.

ARTICLE II

Situs and Major Subdivisions of Provinces Other than such as are Contained in Department of Mindanao and Sulu

SECTION 43. Situs of Provinces and Major Subdivisions. – The general location of the provinces other than such as are contained in the Department of Mindanao and Sulu, together with the subprovinces, municipalities, and townships respectively contained in them is as follows:

The Province of Albay, lying north of Sorsogon and south and east of Ambos Camarines, consists of territory on the Island of Luzon (with appurtenant small islands), including also the larger islands of San Miguel, Cacraray, Batan, Rapu-Rapu, and the subprovince of Catanduanes, on the island of the same name. The province contains the following municipalities:

Albay (the capital of the province), Bacacay, Barás, Bató, Calolbon, Camalig, Guinobatan, Jovellar, Libog, Libon, Ligao, Malilipot, Malinao, Manito, Oas, Pandan, Polangui, Rapu-Rapu, Tabaco, Tiwi, Viga, and Virac.

The Province of Ambos Camarines, lying north and west of Albay and southeast of Tayabas, consists of territory on Luzon and adjacent islands, and comprises the following municipalities:

Baao, Basud, Bato, Buhi, Bula, Cabusao, Calabanga, Camaligan, Canaman, Capalonga, Caramoan, Daet, Gainza, Goa, Indan, Iriga, Labo, Lagonoy, Libmanan, Lupi, Magarao, Mambulao, Milaor, Minalabac, Nabua, Naga (the capital of the province), Pamplona, Paracale, Pasacao, Pili, Ragay, Sagnay, San Fernando, San Jose, San Vicente, Sipocot, Siruma, Talisay, Tigaon, and Tinambac.

The Province of Antique, lying west of Capiz and Iloilo, consists of territory on the Island of Panay and adjacent islands and comprises the following municipalities:

Barbasa, Bugasong, Culasi, Dao, Laua-an, Pandan, Patnongon, San Jose de Buenavista (the capital of the province), San Remigio, Sibalom, Tibiao, and Valderrama.

The Province of Bataan, lying south of Zambales and southwest of Pampanga, comprises the cape or promontory which separates Manila Bay from the China Sea. It contains the following municipalities:

Abucay, Bagac, Bagumbayan, Balanga (the capital of the province), Mariveles, Morong, Orani, Orion, Pilar, and Samal.

The Province of Batanes comprises all islands of the Philippine Archipelago situated north of the Balingtang Channel, and contains the following townships:

Basco (the capital of the province), Itbayat, Ivana, Mahatao, Sabtang, and Uyugan.

The Province of Batangas, lying south of Cavite and Laguna, and west of Tayabas, consists of territory on the Island of Luzon and adjacent islands, and comprises the following municipalities:

Alitagtag, Balayan, Batangas (the capital of the province), Bauan, Bolbok, Calaca, Calatagan, Cuenca, Ibaan, Lemery, Lian, Lipa, Lobo, Nasugbu, Rosario, San Jose, Santo Tomas, Taal, Talisay, Tanauan, and Tuy.

The Province of Bohol consists of the Island of Bohol and adjacent islands, and comprises the following municipalities:

Alburquerque, Anda, Antequera, Baclayon, Balilihan, Batuan, Bilar, Calape, Candijay, Carmen, Corella, Cortes, Dauis, Dimiao, Duero, Garcia Hernandez, Guindulman, Inabanga, Jagna, Jetafe, Lila, Loay, Loboc, Loon, Mabini, Maribojoc, Panglao, Sevilla, Sierra Bullones, Tagbilaran (the capital of the province), Talibon, Tubigon, Ubay, and Valencia.

The Province of Bulacan, lying on the northeastern side of Manila Bay, consists of territory in central Luzon, and comprises the following municipalities:

Angat, Baliuag, Bigaa, Bocaue, Bulacan, Calumpit, Guiguinto, Hagonoy, Malolos (the capital of the province), Marilao, Meycauayan, Norzagaray, Obando, Paombon, Polo, Pulilan, Quingua, San Ildefonso, San Miguel, San Rafael, and Santa Maria.

The Province of Cagayan consists of territory in the extreme northeastern part of Luzon, together with the small islands appurtenant thereto and the islands of the Babuyan Group to the north. The province contains the following municipalities:

Abulug, Alcala, Amulung, Aparri, Baggao, Ballesteros, Buguey, Camalaniugan, Claveria, Enrile, Faire, Gattaran, Iguig, Lal-lo, Pamplona, Peñablanca, Piat, Rizal, Sanchez Mira, Solana, Tuao, and Tuguegarao (the capital of the province).

The Province of Capiz consists of territory in the northern part of the Island of Panay, with adjacent small islands, and also of the subprovince of Romblon, which embraces the Islands of Romblon, Tablas, Sibuyan, Banton, Simara, and Carabao, with adjacent small islands. The province contains the following municipalities:

Badajoz, Banga, Buruanga, Cajidiocan, Calivo, Capiz (the capital of the province), Dao, Dumalag, Dumarao, Ibajay, Iuisan, Jamindan, Lezo, Libacao, Looc, Malinao, Mambusao, Nabas, New Washington, Odiongan, Panay, Panitan, Pilar, Pontevedra, Romblon, San Fernando, Sapian, Sigma, Taft, and Tapas.

The Province of Cavite consists of territory on the Island of Luzon lying on the south side of Manila Bay, including also Corregidor Island. It contains the following municipalities:

Alfonso, Amadeo, Bacoor, Bailen, Carmona, Cavite (the capital of the province), Imus, Indang, Kawit, Magallanes, Malabon, Maragondon, Mendez-Nuñez, Naic, Noveleta, Rosario, Silang, Tanza, and Ternate.

The Province of Cebu consists of the Island of Cebu and neighboring islands, including the Camotes Islands. It comprises the following municipalities:

Alcantara, Alegria, Aloguinsan, Argao, Asturias, Badian, Balamban, Bantayan, Barili, Bogo, Boljo-on, Borbon, Carcar, Carmen, Catmon, Cebu (the capital of the province), Cordova, Daanbantayan, Dalaguete, Danao, Dumanjug, Ginatilan, Liloan, Malabuyoc, Mandaue, Medellin, Minglanilla, Moalboal, Naga, Opon, Oslob, Pilar, Pinamungajan, Poro, Ronda, Samboan, San Fernando, San Francisco, San Remigio, Santa Fe, Sibonga, Tabogon, Talisay, Toledo, Tuburan, and Tudela.

The Province of Ilocos Norte consists of territory in the extreme northwestern part of the Island of Luzon and comprises the following municipalities:

Bacarra, Badoc, Bangui, Banna, Batac, Burgos, Dingras, Laoag (the capital of the province), Paoay, Pasuquin, Piddig, San Nicolas, Sarrat, Solsona, and Vintar.

This province also contains the township of Nueva Era.

The Province of Ilocos Sur, lying south of Ilocos Norte, consists of territory in the Island of Luzon known as Ilocos Sur, including the subprovince of Abra. It comprises the following municipalities:

Bangued, Bantay, Bucay, Cabugao, Candon, Caoayan, Dolores, La Paz, Lapog, Magsingal, Narvacan, Pidigan, Pilar, San Esteban, Santa, Santa Catalina, Santa Cruz, Santa Lucia, Santa Maria, Santiago, Santo Domingo, San Vicente, Sinait, Tayum, and Vigan (the capital of the province).

This province also contains the following townships: Banayoyo, Bato, Bauguen, Danglas, Galimuyod, Lagangilang, Lagayan, Langiden, Lidlidda, Luba, Manabo, Nagbukel, Nueva Coveta, Peñarrubia, Sallapadan, San Quintin, Tubo, and Villaviciosa.

The Province of Iloilo consists of territory on the southeastern part of the Island of Panay and includes the Island of Guimaras and other adjacent islands. It comprises the following municipalities:

Arevalo, Balasan, Banate, Barotac Nuevo, Buenavista, Cabatuan, Dingle, Dueñas, Dumangas, Guimbal, Iloilo (the capital of the province), Janiuay, Jaro, Lambunao, Leon, Miagao, Oton, Passi, Pototan, San Joaquin, San Miguel, Santa Barbara, Sara, and Tigbauan.

The Province of Isabela, lying south of Cagayan, consists of territory in northeastern Luzon and comprises the following municipalities:

Angadanan, Cabagan, Cauayan, Echagüe, Gamu, Ilagan (the capital of the province), Naguilian, Palanan, Reina Mercedes, San Pablo, Santa Maria, Santiago, and Tumauini.

This province also contains the township of San Mariano.

The Province of Laguna, lying on the south of Laguna de Bay, in Luzon, comprises the following municipalities:

Alaminos, Bay, Biñan, Cabuyao, Calamba, Calauan, Cavinti, Famy, Lilio, Longos, Los Baños, Luisiana, Lumban, Mabitac, Magdalena, Majayjay, Nagcarlan, Paete, Pagsanjan, Pangil, Pila, San Pablo, San Pedro, Santa Cruz (the capital of the province), Santa Maria, Santa Rosa, and Siniloan.

The Province of La Union, lying northeast of Lingayen Gulf, on the Island of Luzon, comprises the following municipalities:

Agoo, Aringay, Bacnotan, Balaoan, Bangar, Bauang, Caba, Luna, Naguilian, Rosario, San Fernando (the capital of the province), San Juan, Santo Tomas, and Tubao.

The Province of Leyte consists of territory on the Island of Leyte and adjacent islands, and contains the following municipalities:

Abuyog, Alangalang, Babatngon, Barugo, Bato, Baybay, Biliran, Burauen, Cabalian, Caibiran, Carigara, Dagami, Dulag, Hilongos, Hindang, Hinunangan, Hinundayan, Inopacan, Jaro, Kawayan, Leyte, Libagon, Liloan, Maasin, Macrohon, Malitbog, Maripipi, Matalom, Merida, Naval, Ormoc, Palo, Palompon, Pastrana, Pintuyan, San Isidro, San Miguel, Sogod, Tacloban (the capital of the province), Tanauan, Tolosa, and Villaba.

The Province of Mindoro consists of the Island of Mindoro, the Island of Lubang, the Island of Maestre de Campo, and all other islands adjacent to any of them, not included in the territory of some other province. It contains the following townships:

Abra de Ilog, Bulalacao, Calapan (the capital of the province), Caluya, Concepción, Lubang, Mamburao, Naujan, Paluan, Pinamalayan, Pola, Sablayan, and San Jose.

The Province of Misamis consists of territory in the northern part of the Island of Mindanao, including the Island of Camiguin and adjacent small islands. It contains the following municipalities:

Baliangao, Balingasag, Cagayan (the capital of the province), Catarman, Gingoog, Initao, Jimenez, Mambajao, Misamis, Oroquieta, Plaridel, Sagay, Tagoloan, and Talisayan.

The Mountain Province consists of territory in the central part of northern Luzon and comprises the subprovinces of Amburayan, Apayao, Benguet, Bontoc, Ifugao, Kalinga, and Lepanto.

The subprovince of Amburayan contains the municipality of Tagudin and the townships of Alilem, Bakun, San Gabriel, Santol, Sigay, Sudipen, Sugpon, and Suyo.

The subprovince of Benguet contains the city of Baguio and the townships of Atok, Bagulin, Bokod, Buguias, Disdis, Itogon, Kabayan, Kapangan, Kibungan, La Trinidad, Pugo, Tuba, and Tublay.

The subprovince of Bontoc contains the townships of Bontoc (the capital of the province), and Sagada.

The subprovince of Lepanto contains the townships of Ampusungan, Angaki, Banaao, Bauko, Besao, Cervantes, Concepcion, Kayan, Mankayan, Sabangan, and San Emilio.

The Province of Nueva Ecija consists of territory in north-central Luzon, and comprises the following municipalities:

Aliaga, Bongabon, Cabanatuan (the capital of the province), Cabiao, Carranglan, Cuyapo, Gapan, Guimba, Jaen, Licab, Lupao, Muñoz, Nampicuan, Pantabangan, Peñaranda, Quezon, Rizal, San Antonio, San Isidro, San Jose, San Leonardo, Santa Rosa, Santo Domingo, Talavera, and Zaragoza.

The Province of Nueva Vizcaya, lying southeast of the Mountain Province and southwest of Isabela, consists of territory in north-central Luzon and comprises the following townships:

Bagabag, Bambang, Bayombong (the capital of the province), Dupax, Imugan, Kayapa, Santa Cruz, and Solano.

The Province of Occidental Negros consists of territory in the northern and western part of the Island of Negros, including adjacent small islands. It comprises the following municipalities:

Bacolod (the capital of the province), Bago, Binalbagan, Cadiz, Cauayan, Escalante, Himamaylan, Hinigaran, Ilog, Isabela, Kabankalan, La Carlota, Manapla, Murcia, Pontevedra, Sagay, San Carlos, Saravia, Silay, Talisay, Valladolid, and Victorias.

The Province of Oriental Negros consists of territory in the southern and eastern part of the Island of Negros, with adjacent small islands, and includes also the subprovince of Siquijor, which consists of the island of the same name. The province contains the following municipalities:

Ayuquitan, Bacong, Bais, Dauin, Dumaguete (the capital of the province), Gihulñgan, Jimalalud, Larena, Lazi, Luzuriaga, Manjuyod, Maria, San Juan, Siaton, Sibulan, Siquijor, Tanjay, Tayasan, Tolong, Vallehermoso, and Zamboanguita.

The Province of Palawan consists of the Island of Palawan, the islands of Dumaran and Balabac, the Calamian Islands, the Cuyo Islands, the Cagayanes Islands, and all other islands adjacent to any of them, not included in some other province. It contains the townships of Cagayancillo, Coron, Cuyo, Puerto Princesa (the capital of the province), and Taytay.

The Province of Pampanga, lying to the north of Manila Bay, consists of territory in the Island of Luzon, and contains the following municipalities:

Angeles, Apalit, Arayat, Bacolor, Candaba, Floridablanca, Guagua, Lubao, Mabalacat, Macabebe, Magalan, Masantol, Mexico, Minalin, Porac, San Fernando (the capital of the province), San Luis, San Simon, Santa Ana, Santa Rita, and Sexmoan.

The Province of Pangasinan, lying to the south of Lingayen Gulf, on the Island of Luzon, comprises the following municipalities:

Agno, Aguilar, Alaminos, Alava, Alcala, Anda, Asingan, Balincaguin, Balungao, Bani, Bautista, Bayambang, Binalonan, Binmaley, Bolinao, Burgos, Calasiao, Dagupan, Dasol, Infanta, Labrador, Lingayen (the capital of the province), Malasiqui, Manaoag, Mangaldan, Mangatarem, Mapandan, Natividad, Pozorrubio, Rosales, Salasa, San Carlos, San Fabian, San Jacinto, San Manuel, San Nicolas, San Quintin, Santa Barbara, Santa Maria, Santo Tomas, Sual, Tayug, Umingan, Urbiztondo, Urdaneta, and Villasis.

This province also contains the township of Artacho.

The Province of Rizal, lying east of Manila Bay and north of Laguna de Bay, consists of territory in central Luzon and comprises the following municipalities:

Antipolo, Binangonan, Cainta, Caloocan, Cardona, Jala-jala, Las Piñas, Makati, Malabon, Mariquina, Montalban, Morong, Navotas, Parañaque, Pasay, Pasig (the capital of the province), Pateros, Pililla, San Felipe Neri, San Juan del Monte, San Mateo, Tagig, Tanay, and Taytay.

The Province of Samar consists of territory on the Island of Samar and adjacent islands, and comprises the following municipalities:

Allen, Almagro, Balangiga, Basey, Bobon, Borongan, Calbayog, Calbiga, Capul, Catarman, Catbalogan (the capital of the province), Catubig, Dolores, Gandara, Guiuan, Hernani, Laoang, Lavezares, Llorente, Mondragon, Oquendo, Oras, Palapag, Pambujan, Salcedo, San Antonio, San Julian, Santa Margarita, Santa Rita, Santo Niño, Sulat, Taft, Tarangnan, Tinambacan, Villareal, Wright, and Zumarraga.

The Province of Sorsogon consists of territory at the southeastern extremity of Luzon, including appurtenant small islands, and of the subprovince of Masbate, which embraces the islands of Masbate, Ticao, Burias, and all the small adjacent islands. The province contains the following municipalities:

Aroroy, Bacon, Barcelona, Bulan, Bulusan, Casiguran, Castilla, Cataingan, Dimasalang, Donsol, Gubat, Irosin, Juban, Magallanes, Masbate, Matnog, Milagros, Pilar, Prieto Diaz, San Fernando, San Jacinto, San Pascual, Santa Magdalena, and Sorsogon (the capital of the province).

The Province of Surigao consists of territory in the northeastern part of the Island of Mindanao, including the islands of Dinagat, Siargao, and Bucas Grande, with appurtenant small islands. It contains the following municipalities:

Cantilan, Dapa, Dinagat, Gigaquit, Hinatuan, Lianga, Placer, Surigao (the capital of the province), and Tandag.

The Province of Tarlac consists of territory in north-central Luzon and contains the following municipalities:

Anao, Bamban, Camiling, Capas, Concepcion, Gerona, La Paz, Moncada, Paniqui, Pura, San Clemente, San Manuel, Santa Ignacia, Tarlac (the capital of the province), and Victoria.

The Province of Tayabas consists of territory in the eastern part of the Island of Luzon, to the north and west of the Ambos Camarines Peninsula. It includes the subprovince of Marinduque, which embraces the Island of Marinduque and the small islands immediately adjacent thereto. It also comprises the Island of Polillo, the Island of Jomalig, and other islands forming a part of the same group.

The province contains the following municipalities: Alabat, Atimonan, Baler, Boac, Calauag, Candelaria, Casiguran, Catanauan, Dolores, Gasan, Guinayangan, Gumaca, Infanta, Lopez, Lucban, Lucena (the capital of the province), Macalelon, Mauban, Mogpog, Mulanay, Pagbilao, Pitogo, Polillo, Quezon, Sampaloc, San Narciso, Santa Cruz, Sariaya, Tayabas, Tiaong, Torrijos, and Unisan.

The Province of Zambales consists of territory on the China Sea in the west-central portion of Luzon and comprises the following municipalities:

Botolan, Cabangan, Candelaria, Castillejos, Iba (the capital of the province), Masinloc, Palauig, San Antonio, San Felipe, San Marcelino, San Narciso, Santa Cruz, and Subic.

[See records of Ex. Bur.]

ARTICLE III

Department of Mindanao and Sulu and Its Provinces

SECTION 44. Territory Included in Department of Mindanao and Sulu. – The Department of Mindanao and Sulu consists of the entire Island of Mindanao, excluding only the Provinces of Misamis and Surigao, together with the Sulu Archipelago, and including the islands known as the Jolo Group, the Tawi Tawi Group, and all other islands pertaining to the Philippine Archipelago south of the eighth parallel of north latitude, excepting therefrom the Island of Balabac, and the immediately adjacent islands, but including the Island of Cagayan Sulu with adjacent islands.

[2408-2.]

SECTION 45. Situs of Provinces of Department of Mindanao and Sulu. – The general location of the provinces of the Department of Mindanao and Sulu and the principal subdivisions contained in them is as follows:

The Province of Agusan consists of territory in the northern part of the Island of Mindanao, west of Surigao. It contains the municipalities of Butuan, Cabadbaran, and Talacogon.

The Province of Bukidnon consists of territory in the northern part of the Island of Mindanao between the Province of Agusan, to the east, and the Provinces of Misamis and Lanao to the west, with Cotabato to the south.

The Province of Cotabato lies east and south of the Province of Lanao, south of the Province of Bukidnon and west of the Province of Davao. It contains the municipalities of Cotabato and Parang.

The Province of Davao consists of territory in the southeastern corner of the Island of Mindanao, with appurtenant islands, including the Sarangani Islands. Its territory is indented by the waters of the Gulf of Davao.

This province contains the municipalities of Baganga, Caraga, Cateel, Davao, Manay, Mati, and Santa Cruz.

The Province of Lanao lies east of the Province of Zamboanga and west of Bukidnon, being washed on the southwest by the waters of Illana Bay. It contains the municipalities of Dansalan, Ilagan, and Malabang.

The Province of Sulu includes all the islands of the Department of Mindanao and Sulu situated in the Celebes Sea and in the Sulu Sea between the fourth and eighth parallels of north latitude lying southwest of a line running northwest and southeast and passing at a point two miles due east of the northeast extremity of Tatalan Island. It contains the municipality of Joló.

The Province of Zamboanga is located upon the western part of the Island of Mindanao and includes all the territory west of the boundary between Lanao and Zamboanga, with the adjacent islands not included within the Province of Sulu. It contains the municipalities of Dapitan, Dipolog, Isabela, Lubungan, and Zamboanga.

CHAPTER 3

Boundaries Defined

ARTICLE I

Recognition of Existing Boundaries and Seats of Government

SECTION 46. Existing Boundaries Recognized. – Except as hereinafter more precisely defined, the territorial limits and boundaries of the provinces, subprovinces, municipalities, townships, and other political subdivisions, and their respective seats of government are not affected by the passage of this Code and until expressly changed pursuant to law or executive order the same shall remain as heretofore determined by decree, statute, executive order, or other resolution having the force of law, and in the absence of such, by custom recognized by the administrative authorities.

ARTICLE II

Defined Boundaries

SECTION 47. Ambos Camarines and Tayabas Boundary. – The boundary separating the Province of Ambos Camarines from the Province of Tayabas begins at a point on the eastern shore of Basiad Bay and extends to a peak known as Mount Cadig in such manner as to bring the territory of the barrio of Basiad entirely within the municipality of Capalonga, in Ambos Camarines, and to exclude the same from the territory of Calauag, in Tayabas. From Mount Cadig it extends along the crest of a mountain range, a distance of 50 kilometers, more or less, to a peak known as Mount Labo; thence in a southwesterly direction, a distance of 25 kilometers, more or less, to a prominent stone monument at the source or headwaters of the Pasay River, thence along the meandering course of said river in a southerly direction, a distance of 1 1/2 kilometers, more or less, to the Gulf of Ragay.

[1468-1; Camp. 150; Ex. Or. 160 (1909); 574-1.]

SECTION 48. Ilocos Sur and Amburayan Boundary. – The boundary between Ilocos Sur and the subprovince of Amburayan, in the Mountain Province, is, in part, as follows: Beginning at the Coast and Geodetic Survey station called “Bald Peak”, north latitude 16° 59′ 44.95″, east longitude 120° 28′ 44.54″, thence S. 87° 8′ W. 3,062.6 meters to a wooden cross on the west side of the main road and continuing on the same bearing 518 meters more or less to the seashore. Starting again at the above-mentioned Bald Peak and running thence S. 79° 12′ E. toward a high and prominent peak lying in the range of mountains to the east until this line intersects the present north and south boundary between Amburayan and Ilocos Sur.

[1646-1; Comp. 247.]

SECTION 49. La Union and Amburayan Boundary. – The boundary between La Union and the subprovince of Amburayan in the Mountain Province, is as follows: Beginning at a point called “Initial”, from which the Tagudin church bell tower, latitude 16° 56′ 8.05″, east longitude 120° 26′ 24.09″, bears N. 39° 55.5′ W., and the Bangar church cross, north latitude 16° 53′ 43.50″, east longitude 120° 25′ 8.94″, bears S. 54° 6.5′ W., the two latter being Coast and Geodetic Survey points; thence S. 16° 29.5′ W. 2,899.9 meters to a point called “Cruz”, or “A2″; thence S. 22° 24.5′ E. 2,680.5 meters to a point called “Bangar”, north latitude 16° 52′ 19.35″, east longitude 120° 27′ 20.65″, which is a Coast and Geodetic Survey station of the same name; thence S. 4° 25′ W. 1,560.3 meters to a point called “Chow”, or “A6″; thence S. 25° 57.5′ W. 2,958.2 meters to a point called “San Francisco”, or “A7″; thence S. 18° 51.5′ W. 1,706.4 meters to a point called “Calat”, or “X2″; thence S. 4° 56′ W. 2,893 meters to a point called “Buñgcayo”, or “A9″; thence S. 8° 51.5′ W. 3,268.2 meters to a point called “San Jose”, or “AA10″; thence S. 30° 31′ W. 4,464.7 meters to a point called “Lacong No. 1″, or “All”; thence S. 20° 23′ W. 805.7 meters to a point called “Lacong No. 2″, or “A12″; thence S. 24° 14′ W. 1,283.3 meters to a point called “Hill”, or “A13″; thence S. 2° 21′ W. 2,118.7 meters to a point called “San Gabriel”, or “A14″; thence S. 26° 48.5′ W. 1,460.5 meters to a point called “Road”, or “X7″; thence S. 10° 7.5′ E. 297.8 meters to a wooden cross set on the south side of the main road from San Juan to San Gabriel; thence on the same bearing, S. 10° 7.5′ E. 1,409.7 meters to a point called “Final”, or “X6″, which point was the end of the boundary line and is at the junction of the Cabassitan and Baroro, or Cadaclan, Rivers. From Final the Coast and Geodetic Survey station Saragosa, north latitude 16° 42′ 32.27″, east longitude 120″ 22′ 14.66″, bears N. 29° 49.5′ W. 5,610.4 meters.

[1646-2; Comp. 248.]

SECTION 50. La Union and Benguet Boundary. – The boundary between La Union and the subprovince of Benguet, in the Mountain Province, is as follows: To reach the point of beginning start at the point called “Final”, or “X6″, in the next preceding paragraph, thence up the Cabassitan River, which is in part the boundary line between the subprovince of Amburayan and the Province of La Union, to the point of beginning, thence beginning at the junction of the Cabassitan and Riachuelo Rivers, thence in a curved line to the south around the barrio of Duplas, leaving that barrio in the Province of La Union, till the line joins the Riachuelo River; thence up the Riachuelo River to the lowest place in the mountain ridge; thence crossing this ridge and descending on the southerly slope down the creek Alalapang to its junction with the Naguilian River and crossing the Naguilian River to a prominent point of rock known as “Cruz” to all the people of a large district and which is the location of the boundary line in this section between the towns of San Fernando and Naguilian, the same being an old well-known landmark; thence in the same direction over the hill about one thousand feet to the Creek Paldit and following this Creek Paldit to its source; thence crossing the ridge at the lowest point between the Mounts Liddug and Diccan to the Diccan River; thence down said Diccan River to its junction with the Salnip forming the Ribsuan River; thence down the Ribsuan to the junction of the Ribsuan River and the Bayating River; thence up the said Bayating River about one kilometer passing a monument of stone and cement erected in the time of the Spanish as a boundary mark between the districts of La Union and Benguet, continuing to the mouth of the Creek Lungis; thence up said creek to its source, the barrio of Ancauay being in La Union Province; thence through the lowest place in a direct line to a point called Siam on the opposite ridge, the same being further designated by a marked tree; thence down the River Caboang to its junction with the Galiano River the same being just above the barrio of Galiano, Galiano being in the Province of La Union; thence down the Galiano River in the same general direction to the mountain from which the river reverses its course; thence across this mountain spur to the base of Mount Alipang at the River Alipang, giving all the Barrio of Rizal to the Province of La Union; thence up said Alipang River to the barrio of Pugo; thence following the road known as Calle Real to the barrio of Ambangonan. The barrio of Ambangonan being Christian, an offset is here made and thus described; from the river crossing of the Calle Real continue up the river about one-half mile, thence in a direct line back to the Calle Real at the foot of the hill about one-half mile from the river on the Calle Real, forming an equilateral triangle. Thence, continuing on the line of the Calle Real to a point overlooking the Inabaan Valley, at which point a cross is ordered placed, from this point the boundary is to follow a direct line across the valley to a point between the barrios of Cuenca and Casilagan, very near Cuenca, the barrios of Casilagan, Inabaan, and Garampang being in La Union, and Cuenca, San Luis, Enmistampa, Mauasuas and Dagupan being in Benguet, to a cross on a hill directly west of Dongon; and thence from this point in a direct line to Dongon, Dongon being the boundary point between Benguet, Pangasinan, and La Union.

[Ex. Or. 11 (1909); 1642-4.]

SECTION 51. Part of Boundary Between La Union and Mountain Province. – The boundary between the municipality of Bangar, in the Province of La Union and the municipality of Tagudin, in the Mountain Province, is as follows: Beginning at the point “Initial” in the La Union and Amburayan boundary as above described, thence S. 89° 41′ W. 1,883.91 meters to a spike in the concrete base of an old monument, which bears S. 9° 50′ W. 2,206.21 meters from Bureau of Lands location monument No. 2 of Tagudin; thence N. 71° 55′ W. 1,948.23 meters; thence N. 55° 28′ W. 1,185.5 meters to high-tide line of the China Sea.

[Ex. Or. 100 (1915).]

SECTION 52. La Union and Pangasinan Boundary. – The boundary between the Provinces of La Union and Pangasinan from the Lingayen Gulf to the Bued River is as follows:

Beginning at a point in the mouth of the Rabon River S. 4° 58′ E. 161.94 meters from barrio location monument No. 2 of Rabon and S. 88° 40′ W. 44.27 meters from an old brick monument in the west side of the railroad right of way, thence N. 88° 40′ E. 787.01 meters to the site of an old Spanish monument of 1856 at Nagcuralan formerly marked by a wooden cross, replaced in 1913 by a concrete monument, being corner 24 of survey Rs-352; thence S. 88° 08′ E. 3,214.77 meters to the site of an old Spanish monument of 1856 at Toblon formerly marked by a wooden cross, replaced in 1913 by a concrete monument, being corner 25 of survey Rs-352; thence N. 88° 03′ E. 842.96 meters to the southwest corner of property decreed in G. L. R. O. records 7299, being corner 52 of survey II-2019; thence N. 87° 42′ E. 26.50 meters to a concrete monument, being corner 51 of survey II-2019; thence N. 87° 46′ E. 214.97 meters to a concrete monument, being corner 50 of survey II-2019; thence N. 87° 52′ E. 500.36 meters to a concrete monument, being corner 49 of survey II-2019; thence N. 87° 44′ E. 500.21 meters to a concrete monument, being corner 48 of survey II-2019; thence N. 87° 51′ E. 500.10 meters to a concrete monument, being corner 47 of survey II-2019; thence N. 87° 48′ E. 500.14 meters to a concrete monument, being corner 46 of survey II-2019; thence N. 87° 48′ E. 184.49 meters to a concrete monument set over the remains of an old Spanish monument of 1856, site formerly marked by a wooden cross; thence N. 87° 48′ E. 315.74 meters to a concrete monument, being corner 45 of survey II-2019; thence N. 88° 30′ E. 137.40 meters to a concrete monument, being corner 44 of survey II-2019; thence N. 87° 51′ E. 12.00 meters to the center of the Saitan Creek, being corner 43 of survey II-2019 and the southeast corner of property decreed in G. L. R. O. records 7299; thence N. 87° 55′ E. 1,753.38 meters to a rock in place near the west bank of the Bued River, from which point barrio location monument No. 1 of Agat bears S. 58° 39′ E. 1,033.41 meters; thence N. 87° 55′ E. 400.00 meters to a point in the approximate center of the Bued River, from which point barrio location monument No. 1 of Agat bears S. 41° 10′ E. 733.48 meters.

[Ex. Or. 91 (1915).]

SECTION 53. Boundaries of Subprovince of Apayao. – The subprovince of Apayao in the Mountain Province contains the territory embraced in the following boundaries: The eastern boundary shall be a line beginning in the hills immediately to the westward of the municipality of Claveria, in the Province of Cagayan, and extending in a general south-easternly and southernly direction, between the settlements of Christians and of non-Christians, to the point in the hills immediately to the westward of Malaueg at which the boundary of the subprovince of Kalinga begins; its southern boundary shall be the line fixed for the northern boundary of the subprovince of Kalinga; its western boundary shall be the line fixed as the eastern boundary line of northern Abra and of that portion of Ilocos Norte which at present abuts upon the subprovince of Apayao, extending to a point directly to the west of the point of origin in the hills west of Claveria; its northern boundary shall be a line extending due east from this point to the point immediately to the westward of the municipality of Claveria, at which the boundary begins; the general purpose in fixing this boundary being to include within the subprovince of Apayao all the non-Christian inhabitants of the Province of Cagayan, as formerly constituted, west of the Rio Grande de Cagayan and north of Malaueg.

[1642-4; 1876; Comp. 157.]

SECTION 54. Benguet and Amburayan-Lepanto Boundaries. – The subprovincial boundary between Benguet, on the south, and Amburayan and Lepanto, on the north, all in the Mountain Province, is as follows: Beginning at the point where the watershed dividing the waters of the Amburayan River and its tributaries on the north from those of several smaller streams on the south flowing in a generally southwesterly direction through the subprovince of Benguet intersects the present eastern boundary of the Province of La Union, and extending in a generally northeasterly direction medially along the crest of the above-described watershed and of the watershed which divides the waters of the Abra River and its tributaries from the waters of the Agno River and its tributaries to the point where the ridge forming the latter watershed leaves the face of the high mountain known as Mount Data, and thence in a straight line along the side of Mount Data to the point where the ridge or watershed between the Agno River and the streams of Nueva Vizcaya joins Mount Data.

[768-1; Comp. 246.]

SECTION 55. Boundaries of Subprovince of Kalinga. – The subprovince of Kalinga, in the Mountain Province, has the following boundaries: Beginning at a point in the hills immediately west of the former municipality of Malaueg in the Province of Cagayan, and extending to the hills immediately west of the municipality of Santa Maria in the Province of Isabela, between the settlements of Christian natives and of non-Christian inhabitants; running thence southerly, between the settlements of Christians and non-Christians, to the Kalinga settlement of Sili; thence westerly to the boundary line of Nueva Vizcaya; thence along the present line of the northeasterly boundary of Nueva Vizcaya to its intersection with the boundary line of the subprovince of Bontoc; thence along the present easterly line of the subprovince of Bontoc to a point about half way between the rancherias Lias and Dakalan; thence westerly to the crest of the mountain range between the Tanudan River and the Rio Chico de Cagayan, including the watersheds of said rivers in the subprovinces of Bontoc and Kalinga, respectively; thence northerly along and following a line dividing said watersheds to the summit of Mount Patukan, near the rancheria of Bangad; thence to a point on the watershed west of Bangad, including that rancheria and the rancheria of Sumadel with all their barrios in the subprovince of Bontoc; thence to a point in the vicinity and south of the rancheria of Balatok; thence and including the rancheria of Balatok and the rancherias of the Saltan River Valley to the easterly boundary of the subprovince of Abra; thence northerly along the easterly line of the present boundary of the subprovince of Abra to the vicinity of Dagara and the settlements of the southern branch of the Abulug River; and thence easterly to the point of beginning.

[Ex. Or. 107 (1908).]

SECTION 56. Nueva Vizcaya and Ifugao Boundary. – The boundary between Nueva Vizcaya and the subprovince of Ifugao, in the Mountain Province, is in part as follows: Beginning at the point where the Lamut River intersects with the southern boundary of the subprovince of Ifugao, as it existed prior to first of June, nineteen hundred and nine, thence along said river to its union with the Magat River; thence along the Magat River to its union with the Alimit River.

The remainder of said boundary coincides with the southern limits of the former Comandancia of Kiangan.

[Ex. Or. 46 (1909).]

SECTION 57. Zamboanga and Lanao Boundary. – The boundary separating the Province of Zamboanga from the Province of Lanao begins at a point on the south shore of Panguil Bay 2 miles east of the intersection of the line of the old Spanish trocha with the shore of said bay, thence in a southerly direction parallel with the line of the trocha and 2 miles distant therefrom to Illana Bay, including in the Province of Zamboanga the town of Tucuran.

[787-2.]

SECTION 58. Boundary Between Misamis and Provinces of Department of Mindanao and Sulu.- The boundary separating the Province of Misamis from the provinces of the Department of Mindanao and Sulu is as follows:

A line beginning at a point on the parallel of 8° 39′ 30″, north latitude, at its intersection with the meridian of 123° 33′ 30″, east longitude, approximately 2,021.7 meters west of Cabugan Island, running due south to the middle of the channel of Migpangil River, thence along said river to its mouth in Panguil Bay, thence along the south shore of Iligan Bay, thence along the southern and southeastern shore of Iligan Bay in an easterly and northerly direction to a point which is located on the east coast of Iligan Bay, on the west side of the trail to Iligan at Salimbal point, about one kilometer south of the barrio of Lugait, thence S. 76° 36′ 53″ E. 1,483.4 meters to point 2; S. 56° 01′ 54″ E. 764.9 meters to point 3; N. 63° 14′ 26″ E. 3,148.9 meters to point 4; N. 30° 06′ 53″ E. 2,218.8 meters to point 5; N. 48° 35′ 46″ E. 3,565.8 meters to point 6; N. 18° 36′ 49″ E. 405.7 meters to point 7; N. 18° 37′ 09″ E. 689.1 meters to point 8; N. 23° 23′ 42″ E. 2,025.8 meters to point 9; N. 24° 31′ 16″ E. 1,480.9 meters to point 10; N. 63° 14′ 02″ E. 3,685.4 meters to point 11; N. 18° 18′ 55″ E. 5,357.6 meters to point 12; N. 22° 50′ 47″ E. 2,492.7 meters to point 13; N. 7° 01′ 58″ E. 1,291.3 meters to point 14; N. 18° 59′ 38″ W. 2,003.9 meters to point 15; N. 45° 33′ 52″ E. 3,309.2 meters to point 16; S. 58° 41′ 59″ E. 4,173.6 meters to point 17; S. 49° 23′ 17″ E. 8,535.6 meters to point 18; S. 30° 53′ 02″ W. 2,425.9 meters to point 19; S. 0° 13′ 38″ W. 2,295.9 meters to point 20; S. 82° 28′ 01″ E. 2,093.1 meters to point 21; S. 84° 20′ 21″ E. 4,801.4 meters to point 22; S. 79° 16′ 56″ E. 6,349.4 meters to point 23; S. 86° 00′ 06″ E. 2,146.9 meters to point 24; S. 89° 12′ 54″ E. 3,832.1 meters to point 25; N. 89° 09′ 55″ E. 12,479.2 meters to point 26; N. 83° 31′ 30″ E. 3,809.6 meters to point 27; N. 4° 52′ 15″ E. 137.8 meters to point 28; N. 28° 24′ 53″ W. 6,132.4 meters to point 29; N. 43° 14′ 00″ W. 2,176.5 meters to point 30; N. 65° 50′ 21″ E. 5,146.1 meters to point 31; N. 8° 36′ 11″ E. 7,891.8 meters to point 32; N. 52° 17′ 13″ W. 2,370.4 meters to point 33; N. 4° 26′ 26″ W. 1,336.8 meters to point 34; N. 15° 22′ 02″ W. 3,849.0 meters to point 35; N. 8° 03′ 18″ W. 4,251.2 meters to point 36; N. 8° 28′ 51″ W. 5,691.6 meters to point 37; N. 18° 17′ 50″ E. 4,907.5 meters to point 38; N. 71° 54′ 23″ W. 1,141.8 meters to point 39; N. 10° 08′ 56″ W. 423.9 meters to point 40; N. 11° 50′ 50″ E. 1,365.8 meters to point 41; N. 67° 15′ 36″ E. 2,052.8 meters to point 42; N. 28° 08′ 01″ W. 717.2 meters to point 43; N. 1° 19′ 23″ E. 3,793.5 meters to point 44; N. 2° 52′ 33″ E. 9,877.8 meters to point 45; N. 47° 58′ 12″ W. 1,583.1 meters to point 46; N. 0° 09′ 45″ E. 1,621.2 meters to point 47; N. 52° 30′ 40″ E. 3,647.5 meters to point 48; S. 87° 28′ 45″ E. 3,626.4 meters to point 49; S. 73° 42′ 47” E. 9,902.7 meters to point 50; S. 57° 49′ 42″ E. 6,673.6 meters to point 51; S. 27° 13′ 39″ E. 4,473.2 meters to point 52; S. 42° 06′ 42″ E. 6,956.4 meters to point 53; S. 50° 41′ 37″ E. 2,477.5 meters to point 54; S. 69° 56′ 00″ E. 5,743.6 meters to point 55; N. 65° 02′ 04″ E. 8,051.0 meters to point 56; N. 49° 08′ 15″ E. 5,133.5 meters to point 57; N. 2° 02′ 01″ W. 13,972.2 meters to point 58; N. 7° 11′ 44″ W. 1,056.2 meters to point 59; N. 39° 24′ 48″ E. 1,724.3 meters to point 60; N. 15° 00′ 33″ W. 10,537.3 meters to point 61, blazed tree located 10 meters from the edge of the northernmost point of rocks on Diauata Point. Bearings from true meridian.

[128-1; 787-1; 1693-1; Ex. Or. 31 (1912).]

SECTION 59. Boundary Between Bukidnon and Provinces of Lanao, Cotabato, and Davao. – The boundary separating the Province of Bukidnon from the Provinces of Lanao, Cotabato, and Davao is as follows: Beginning at point 3 of the boundary line described in the next preceding section hereof, thence due east to the crest of the watershed dividing the waters which flow into Iligan Bay from those flowing into Macajalar Bay, thence in a southerly direction along the crest of the said watershed to the eighth parallel of north latitude, thence along the eighth parallel of north latitude to a point due north of the highest peak of Mount Kalatungan, thence in a southerly direction to the headwaters of the main branch of the Mulita River, thence down the middle of the Mulita River to the mouth of the Bakto River, thence up the Bakto River in an easterly direction to its source, thence to the southernmost point of Lake Lamybyben, thence along the southern shore of said lake to its outlet, the Lamybyben River, thence down the Lamybyben River to the Pulangi River, thence down the Pulangi River to the mouth of the Tacurin River, thence up the Tacurin River to its source, thence due east to the crest of the eastern watershed of the Pulangi River, thence along the crest of this watershed to the eighth parallel of north latitude.

[Ex. Or. 31 (1912).]

SECTION 60. Eastern Boundary of Province of Lanao. – The eastern boundary of the Province of Lanao begins at a point which is located on the east coast of Iligan Bay, on the west side of the trail to Iligan at Salimbal Point, about one kilometer south of the barrio of Lugait, thence S. 76° 36′ 53″ E. for a distance of 1,483.4 meters, thence S. 56° 01′ 54″ E. for a distance of 764.9 meters, thence due east to the crest of the watershed dividing the waters which flow into Iligan Bay from those flowing into Macajalar Bay, thence in a southerly direction along the crest of the said watershed to the eighth parallel of north latitude. Departing at this point from the western boundary of Bukidnon the said Lanao boundary runs thence south along the crest of the watershed dividing the waters flowing into Lake Lanao from those which flow into Macajalar Bay and into the Mindanao River, thence south and west along the crest of said last mentioned watershed to the summit of Mount Bita, the highest peak south of Butig, thence south and west to Tugapangan Point.

[Ex. Or. 31 (1912).]

SECTION 61. Agusan and Bukidnon Boundary. – The boundary between the Provinces of Agusan and Bukidnon is formed by a line beginning at point 57 of the survey of the boundary line between the Province of Misamis and the provinces of the Department of Mindanao and Sulu, which point is a peak about 800 meters in height called Mount Piglagajan and is situated about 5 1/2 kilometers east of the barrio of Odiongon, thence due east to the crest of the watershed dividing the waters which flow into Butuan Bay, and into the Agusan River from the waters which flow into Gingoog Bay and into the Mindanao River, thence in a southerly direction along the crest of said watershed to its point of intersection with the eighth parallel of north latitude. Said line shall be so run as to bring the municipalities and settlements of the Agusan River Valley into the Province of Agusan.

[1693-1.]

SECTION 62. Agusan and Surigao Boundary. – The boundary between the Provinces of Agusan and Surigao begins at the point where the eighth parallel of north latitude intersects with the crest of the watershed between the Agusan River Valley and the Pacific Ocean, and runs thence in a northerly direction along the line of the crest of this watershed to the northern extremity of Mindanao, the general purpose being to include within the territory of Agusan all settlements west of the crest of the watershed in the peninsula of Surigao.

[1693-1.]

SECTION 63. Cotabato and Davao Boundary. – The eastern boundary of the Province of Cotabato, separating said province from the Province of Davao, is as follows: Beginning at a point where the boundary separating the Province of Bukidnon from the Province of Cotabato leaves the eastern watershed of the Pulangui River, thence in a southerly direction along the crest of the said divide, which is sometimes known as the Apo range of mountains, to the southernmost peak of Mount Apo, thence along the watershed that divides the waters that flow into Davao Bay from those that flow into the Mindanao River and Sarangani Bay to Tinaca Point.

[787-2 (d).]

TITLE II

Executive Power

CHAPTER 4

Chief Executive

ARTICLE I

Governor-General and Vice-Governor

SECTION 75. Appointment and Duties of Governor-General. – The Governor-General and Vice-Governor are appointed by the President of the United States, by and with the advice and consent of the Senate.

[Preamble, Act of Cong. July 1, 1902.]

The Governor-General, as Chief Executive of the Islands, is charged with the executive control of the Philippine Government, to be exercised in person or through the Executive Secretary, or other proper agency, subject to the approval and control of the Secretary of War.

[Act of Cong., July 1, 1902; Order of War Dept., June 21, 1901.]

SECTION 76. Succession of Vice-Governor to Position of Acting Governor-General. – When the Governor-General is absent from the Philippine Islands or is for any reason unable to discharge his duties, as well as in case of a vacancy in the office, the Vice-Governor shall serve as Acting Governor-General unless otherwise disposed by the Secretary of War.

SECTION 77. Secretary to Governor-General. – There shall be an officer to be known as the secretary to the Governor-General, who shall be charged with the performance of such secretarial and administrative duties relating to the office of Governor-General, or the Executive Bureau, as shall be required of him by law or direction of the Governor-General.

[2431-1 (Executive).]

SECTION 78. Aide-de-camp to Governor-General. – The Governor-General may designate as his own aide-de-camp an officer of the United States Army, Navy, Marine Corps, or of the Philippine Constabulary, who, during the time of his service as such, shall receive in addition to his regular compensation a per diem of not to exceed ten pesos.

[2372.]

SECTION 79. Executive Orders and Executive Proclamations. – Administrative acts and commands of the Governor-General touching the organization or mode of operation of the Government or rearranging or readjusting any of the districts, divisions, parts, or ports of the Philippine Islands and all acts and commands governing the general performance of duties by public employees or disposing of issues of general concern shall be made effective in executive orders.

Executive orders fixing the dates when specific laws, resolutions, or orders are to have or cease of effect and any information concerning matters of public moment determined by law, resolution, or executive order, may be promulgated in an executive proclamation, with all the force of an executive order.

ARTICLE II

Particular Powers and Duties of Governor-General

SECTION 80. Particular Powers and Duties of Governor-General. – In addition to his general supervisory authority, the Governor-General shall have such specific powers and duties as are expressly conferred or imposed on him by law and also, in particular, the powers and duties set forth in this chapter.

Among such special powers and duties shall be:

(a) To nominate and appoint officials to permanent positions in the service of the Government of the Philippine Islands, with the advice and consent of the Upper House of the Philippine Legislature, and not otherwise.

[Order of War Dept., June 21, 1901.]

(b) To remove officials from office conformably to law and to declare vacant the offices held by such removed officials. For disloyalty to the United States, the Governor-General may at any time remove a person from any position of trust or authority under the Government of the Philippine Islands.

[McKinley's Instructions and 1698-11.]

(c) To order, when in his opinion the good of the public service so requires, an investigation of any action or the conduct of any person in the Government service, and in connection therewith to designate the official, committee, or person by whom such investigation shall be conducted.

[1697-1.]

(d) To reserve from settlement or public sale and for specific public uses any of the public domain of the Philippine Islands the use of which is not otherwise directed by law, the same thereafter remaining subject to the specific public uses indicated in the executive order by which such reservation is made, until otherwise provided by law or executive order.

[648-1; 926-71.]

(e) To reserve from sale or other disposition, and for specific public uses or service, any land belonging to the private domain of the Government of the Philippine Islands, the use of which is not otherwise directed by law; and thereafter such land shall not be subject to sale or other disposition and shall be used for the specific purposes directed by such executive order until otherwise provided by law.

[2635-1.]

(f) To reserve in like manner and with the same effect any of the friar lands, when authorized by resolution of the Upper House of the Philippine Legislature.

[1120-21; Comp. 958.]

(g) To make request upon the military authorities of the United States for the detail of officers of the United States Army or of the Philippine Scouts, as well as of the forces commanded by them, for the purpose of suppressing violence, maintaining order, and enforcing the laws of the Philippine Islands.

(1797-1; Comp. 3938.]

(h) To determine when it is necessary or advantageous to exercise the right of eminent domain in behalf of the Government of the Philippine Islands; and to direct the Attorney-General, where such act is deemed advisable, to cause the condemnation proceedings to be begun in the court having proper jurisdiction.

[2249-1.]

(i) To grant to convicted persons reprieves or pardons, either plenary or partial, conditional, or unconditional; to suspend sentences without pardon, remit fines, and order the discharge of any convicted person upon parole, subject to such conditions as he may impose; and to authorize the arrest and re-incarceration of any such person who, in his judgment, shall fail to comply with the condition, or conditions, of his pardon, parole, or suspension of sentence.

[1561-1, 2.]

(j) To offer, or to authorize a provincial governor or the Chief of Constabulary to offer, a reward not exceeding twenty-five hundred pesos, for information leading to the capture and conviction of a member of a band of brigands, or of the perpetrator of any murder or robbery or any other crime, or for information leading to the capture of an escaped convict. Such reward, together with the proper expense of advertising the same, shall be payable pursuant to appropriation from the Insular Treasury; but the provincial board of any province in which a reward is so offered may order payment to be made from the provincial funds, subject to reimbursement from the Insular Treasury.

SECTION 81. Particular Officers Appointable by Governor-General. – Except as otherwise specially provided, the Governor-General shall appoint all chiefs and assistant chiefs, in each Bureau, including the Philippine Health Service, the Philippine General Hospital, and the Philippine Constabulary.

The following officers shall also be appointed by the Governor-General:

Judges and auxiliary judges of first instance, the assistant attorneys of the Bureau of Justice, the chief and assistant chief of the General Land Registration Office, provincial treasurers, provincial fiscals, registers of deeds, justices of the peace, auxiliary justices of the peace, special agents in the Executive Bureau, district health officers of the Philippine Health Service, the chief of the biological laboratory in the Bureau of Science, the superintendents of the postal and telegraph divisions of the Bureau of Posts, and the delegate of the Secretary of the Interior for the non-Christian people.

SECTION 82. General Authority of Governor-General to Fix Boundaries and Make New Subdivisions. – The Governor-General may by executive order define the boundary, or boundaries, of any province, subprovince, municipality, township, or other political subdivision, and increase or diminish the territory comprised therein, may divide any province into one or more subprovinces, separate any political division other than a province, into such portions as may be required, merge any of such subdivisions or portions with another, name any new subdivision so created, and may change the seat of Government within any subdivision to such place therein as the public welfare may require. When any action by the Governor-General in accordance herewith makes necessary a change of the territory under the jurisdiction of any administrative officer or any judicial officer, the Governor-General, with the recommendation and advice of the head of the Department having executive control of such officer, shall redistrict the territory of the several officers affected and assign such officers to the new districts so formed.

[1748-2; Comp. 343.]

Upon the changing of the limits of political divisions in pursuance of the foregoing authority, an equitable distribution of the funds and obligations of the divisions thereby affected shall be made in such manner as may be recommended by the Insular Auditor and approved by the Governor-General.

[1748-1.]

SECTION 83. Deportation of Subject of Foreign Power. – A subject of a foreign power residing in the Philippine Islands shall not be deported, expelled, or excluded from said Islands or repatriated to his own country by the Governor-General except upon prior investigation, conducted by said Executive or his authorized agent, of the ground upon which such action is contemplated. In such case the person concerned shall be informed of the charge or charges against him and he shall be allowed not less than three days for the preparation of his defense. He shall also have the right to be heard by himself or counsel, to produce witnesses in his own behalf, and to cross-examine the opposing witnesses.

[2113-1.]

SECTION 84. Examination of Books and Accounts of Auditor and Treasurer. – The Governor-General shall cause to be made, as often as by him deemed advisable, an examination of the books and accounts of the Auditor and Treasurer, and a comparison of the results shown by the same, and also an examination and count of moneys in the hands of the Treasurer, and shall submit his report thereon to the Secretary of War.

[1792-70.]

SECTION 85. Power of Investigating Officer to Take Testimony. – Any officer, committee, or person designated by the Governor-General to conduct any investigation which may be lawfully prosecuted upon his order may, in the execution of such duty, summon witnesses, administer oaths, and take testimony relevant to the investigation in question.

[1697-1.]

SECTION 86. Authority of Army Officer or Officer of Philippine Scouts Detailed at Request of Governor-General. – When detailed by the military authorities of the United States, upon the request of the Governor-General, to guard civil prisoners, to aid the Director of Health of the Philippine Islands in the enforcement of sanitary regulations, municipal health ordinances, and health laws, or to aid other civil authorities in the maintenance of law and order and the enforcement of their authority, officers of the United States Army and officers of the Philippine Scouts in command of troops are vested, while in the performance of such duties, with the powers of peace officers; and, when detailed at the request of the Governor-General, such officers, and soldiers and enlisted men under their command when acting under the orders of such officers, are authorized to apprehend escaping prisoners, to make arrests for the violation of any sanitary regulation, health ordinance, or health law, to make arrests for disturbance of the public peace, and, when requested to do so by the Governor-General, to make arrests for the violation of any law and to bring the person or persons so arrested before the proper courts for trial.

[1797-1.]

SECTION 87. Concentration of Inhabitants from Outlying Barrios. – In provinces which are infested to such an extent with ladrones or outlaws that the lives and property of residents in the outlying barrios are rendered wholly insecure by continued predatory raids and such outlying barrios thus furnish to the ladrones or outlaws their sources of food supply, and it is not possible with the available police forces constantly to provide protection to such barrios, it shall be within the power of the Governor-General, upon resolution of the Upper House of the Philippine Legislature to authorize the provincial governor to order that the residents of such outlying barrios be temporarily brought within stated proximity to the población or larger barrios of the municipality, there to remain until the necessity for such order ceases to exist, and during such temporary residence it shall be the duty of the provincial board, out of provincial funds, to furnish such sustenance and shelter as may be needed to prevent suffering among the residents of the barrios thus withdrawn.

[781-6.]

CHAPTER 5

Philippine Commission

SECTION 90. Administrative Powers of the Philippine Commission. – The Philippine Commission consists of the president of the Commission and eight Commissioners. In its administrative capacity the Commission advises the Governor-General in the matter of appointments and other matters laid before it, and passes on nominations submitted by him.

It is also charged with the performance of such other executive and administrative duties as are imposed on it by law.

[McKinley's Instructions and Order of War Dept., June 21, 1901.]

SECTION 91. Secretary of Commission. – A secretary to the Commission shall be appointed and his duties fixed by resolution of the Commission.

[1828-1.]

SECTION 92. Division of Legislative Records. – The division of legislative records shall be under the supervision of the Philippine Commission. It shall have the custody and keeping of the records of the Philippine Legislature and of the Philippine Commission acting in its separate legislative capacity. Said division shall keep an appropriate seal of such design as may be prescribed by legislative resolution.

The secretary of the Commission shall be ex officio chief of the division of legislative records, performing his duties in this capacity without additional compensation.

[1679-1; 1828-1; Ct. R. 1, First Legis.]

SECTION 93. Private Secretary to Commissioner. – There may be employed one private secretary to each member of the Commission, and when a Commissioner is also head of a Department his secretary shall act as such to him in both capacities.

[609-3.]

SECTION 94. Disbursement of Funds. – Funds appropriated for the Philippine Commission shall be disbursed by the disbursing officer of the Executive Bureau.

[2431-1 (Phil. Com.).]

CHAPTER 6

Executive Departments

SECTION 95. Executive Departments. – There shall be four executive departments, to wit, the Department of the Interior, the Department of Commerce and Police, the Department of Finance and Justice, and the Department of Public Instruction, which shall severally be under the executive control of the respective Secretaries of Departments, exercising their functions subject to the general supervision of the Governor-General.

[222-1, 5; 1407-29, 32, 34.]

When the Secretary of any Department is unable from absence or disability to discharge his duties, or when the position is vacant, the Governor-General shall perform or designate another to perform temporarily the functions of such office.

[639-1.]

SECTION 96. Bureaus and Offices Pertaining to Department of Interior. – The Department of the Interior shall have executive control and supervision over the Philippine Health Service, the Philippine General Hospital, the Bureau of Quarantine Service, the Bureau of Science, the Weather Bureau, the Bureau of Lands, and the Bureau of Forestry. It shall also be charged with the supervision of fisheries and shall have general supervision over the non-Christian inhabitants except in the Department of Mindanao and Sulu.

[1972-1; 2309.]

The administrative supervision vested in the Secretary of the Interior over the non-Christian inhabitants shall be exercised through an officer to be known as the delegate of the Secretary of the Interior for the non-Christian people. The duties of the said delegate shall be such as are assigned to him by the Secretary of the Interior with reference to such people and especially with reference to their relations with the Christian people of the Philippine Islands.

[2404-1, 2.]

SECTION 97. Bureaus and Offices Pertaining to Department of Commerce and Police. – The Department of Commerce and Police shall have executive control and supervision over the Philippine Constabulary, the Bureau of Public Works, the Bureau of Coast and Geodetic Survey, the Bureau of Posts, and the Bureau of Labor. It shall have general supervision of all corporations, except as otherwise provided.

[1407-30; 1568-1; Comp., 1192.]

SECTION 98. Bureaus and Offices Pertaining to Department of Finance and Justice. – The Department of Finance and Justice shall have executive control and supervision over the Bureau of Justice, the Bureau of Customs, the Bureau of Internal Revenue, and the Bureau of the Treasury. It shall have general supervision of banks, banking, coinage, and currency.

[1307-31; 1679-1; 1706-9; Comp., 1363.]

SECTION 99. Bureaus and Offices Pertaining to Department of Public Instruction. – The Department of Public Instruction shall have executive control and supervision over the Bureau of Education, the Bureau of Agriculture, the Bureau of Supply, the Bureau of Prisons, and the Bureau of Printing.

[1792-2.]

SECTION 100. Governor-General as Department Head. – For administrative purposes the Governor-General shall be considered the department head of the Executive Bureau, the Bureau of Audits, and the Bureau of Civil Service, as well as of all other unattached offices and administrative branches of the Philippine Government.

SECTION 101. Clerks and Messengers Pertaining to Departments. – The necessary clerks and messengers for the offices of the several Secretaries of Departments shall be supplied by the Executive Bureau.

[809-4; 1407-35.]

SECTION 102. Assignment of Offices. – The various Departments, Bureaus, Offices, and branches of the Insular service shall, for the purpose of conducting their work, have such quarters and offices as may be respectively assigned them by the Director of Public Works, with the approval of the Governor-General, or as may otherwise be by law especially determined.

[1407-13 (c).]

SECTION 103. Employees Subject to Supervision of Speaker of Assembly. – The Speaker of the Assembly shall be considered the department head of the permanent force of employees of the Assembly and employees of committees of the Assembly acting during recesses.

[1922-1.]

SECTION 104. Department Head for Supreme Court. – The function of department head for the Supreme Court and its subordinates shall be exercised by its Chief Justice, or, in case of his death, absence, or disability, by the Associate Justice on duty who holds the senior commission.

[2128-1-3.]

SECTION 105. Reports of Governor-General and Secretaries of Departments. – The several Secretaries of Departments shall submit annual reports to the Governor-General not later than the end of February of each year for the preceding fiscal year, unless the Governor-General shall otherwise direct; and within the same period the Executive Secretary shall prepare an annual report in representation of the Governor-General. Such reports shall be printed in English and Spanish and shall be distributed in such manner as the Governor-General shall prescribe.

[2325-1.]

TITLE III

Legislative Power

CHAPTER 7

Philippine Legislature

ARTICLE I

Constitution and Powers of Legislature

SECTION 110. Philippine Legislature. – The Philippine Legislature consists of two Houses, which are separate coordinate bodies, to wit, the Philippine Commission and the Philippine Assembly. The legislative power of the Philippine Legislature extends to all parts of the Philippine Archipelago, except the Department of Mindanao and Sulu and such other portions of the Islands as are inhabited by non-Christians.

[Act of Cong., July 1, 1902.]

The Legislature has the authority, each House voting separately, to elect two Resident Commissioners to the United States.

[Act of Cong., July 1, 1902; J. R. 2, First Legis.]

SECTION 111. Privilege of Members from Arrest. – Members of the Philippine Legislature, in all cases except treason, open disturbance of public order, or other offense punishable by death or imprisonment for not less than six years, shall be privileged from arrest during their attendance at the session of the Legislature, and in going to and in returning from the same; and for any speech or debate in either House they shall not be questioned in any other place.

[1582-5.]

SECTION 112. Convening of Legislature and Duration of Sessions. – The Legislature shall convene in regular session on the sixteenth day of October of every year, or if the sixteenth be a holiday, then on the first subsequent secular day, and may continue in session not exceeding ninety days (Sundays and holidays not included).

The Legislature may be called in special session at any time by the Governor-General for general legislation, or for action on such specific subjects as he may designate. No special session shall continue longer than thirty days, exclusive of Sundays.

[1929-1; Act of Cong., July 1, 1902, sec. 7; Act of Cong., Feb. 15, 1911.]

SECTION 113. Mode of Designating Successive Legislatures. – The legislative body which is in existence for the period during which each successive set of Assemblymen hold office shall be known as a Philippine Legislature, and the successive Legislatures shall be identified by their respective serial numbers. The Legislature which convened on the sixteenth of October, nineteen hundred and seven, and continued in existence until the first of January, nineteen hundred and ten, constitutes the First Philippine Legislature. The Legislature which followed and continued in existence until the sixteenth of October, nineteen hundred and twelve, constitutes the Second Philippine Legislature. Other Legislatures embrace the respective quadrennial periods beginning on the sixteenth of October following the general election.

[Ct. R. 3, First Legis.]

SECTION 114. Mode of Designating Different Sessions. – The session of the First Philippine Legislature which convened on the sixteenth of October, nineteen hundred and seven, is denominated “inaugural session”, and the succeeding session of the same Legislature which convened on the third of February, nineteen hundred and eight, is denominated “first session”. The different regular sessions of other Legislatures are numbered according to their sequence as first, second, or third, as the case may be.

A special session is denominated “special session”; or if there is more than one during the same legislature, those subsequent to the first are denominated, according to their sequence, “second special session”, “third special session”, and so on.

[Ct. R. 3, First Legis.]

SECTION 115. Adjournment of One House Limited to Three Days. – When the Legislature is convened in lawful session, neither House shall adjourn, without the consent of the other, for more than three days, exclusive of Sundays and holidays; and in case of disagreement between them with respect to the period of adjournment, the Governor-General may adjourn them to such time as he shall deem proper.

[Ct. R. 2, First Legis.]

SECTION 116. Assistance of Government Officers and Other Experts. – Either House of the Philippine Legislature may of itself, or through its President or Speaker, require the assistance of any officer of the Government for purposes of inquiry, investigation, or for any other purpose which the said President or Speaker may consider related to the duties intrusted to the body over which he presides.

Either House, or the President thereof, may designate temporarily or otherwise, and at such expense as may be agreed upon, any person or persons not in the Government service, whose expert knowledge may be considered necessary or useful. Expenses incurred under the provisions of this section shall be paid out of any funds available for the payment of the expenses of the Commission or of the Assembly, as the case may be.

[2292-1.]

SECTION 117. Power of Chairmen of Appropriation Committees to Require Information from Government Officers. – The chairman of the Committee on Appropriations of either House of the Philippine Legislature may require the attendance of chiefs and assistant chiefs of Bureaus and Offices and any other officers or employees, and the submission by them of such documents and information as may be necessary for the guidance of such committee in the performance of its duties.

[J. R. 4, Third Legis.]

SECTION 118. Contempt of Legislative Body or Committee. – Any person who, being summoned to attend as a witness before the Philippine Legislature, or either House thereof, or the Philippine Commission, or before any committee of either of said bodies lawfully clothed with authority to take testimony, fails or refuses, without legal excuse, to attend pursuant to such summons, and any person who, being present before any such body or committee, willfully refuses to be sworn or to answer any legal inquiry or to produce, upon reasonable notice, any material and proper books, papers, documents, records, or other evidence in his possession or under his control, required by any such body, shall be subject to discipline in the manner provided in section three hundred and twenty-one hereof.

SECTION 119. Disability of Member of Legislature to Hold Other Office. – No member of the Philippine Legislature shall, during the Legislature to which he was elected, be appointed to any civil office under the authority of the Government of the Philippine Islands, which shall have been created or the emoluments whereof shall have been increased during such time by either the Philippine Legislature or the Philippine Commission, unless said office shall be temporary or shall be held outside of the Philippine Islands, or shall be occupied without salary or emoluments; but this section shall not apply to appointments to the position of Secretary of a Department.

[1830-1.]

ARTICLE II

Election of Resident Commissioners

SECTION 120. Election of Resident Commissioners to United States. – Two Resident Commissioners to the United States shall be chosen by the Philippine Legislature, by separate vote of each House, at the regular annual session which follows next after the quadrennial general election. Such Commissioners shall hold office for four years beginning on the fourth of March next after election.

[Act of Cong., Feb. 15, 1911.]

SECTION 121. Duties of Secretary of Resident Commissioner. – Each of the Resident Commissioners may appoint a private secretary, who shall not be deemed to be in the Philippine civil service, and who, in addition to his duties as such secretary may be required to act as interpreter and translator, when necessary.

[1880-1.]

SECTION 122. Method of Choosing Resident Commissioners. – For the purpose of determining the two persons to be voted for by the Legislature as Resident Commissioners to the United States, each House, assembled as a committee of the whole, shall designate by a majority vote one resident of the Philippine Islands to be voted for as such Commissioner; and each House shall communicate to the other the result of its action. When both Houses thus name the same person such individual shall be one of the two nominees to be voted for as Commissioners, and the second person to be so voted for shall be nominated in the same manner. In case of a disagreement between the two Houses as regards any nominee a new nomination shall be made until both Houses agree upon the same individual. When the two persons to be voted for have been thus nominated there shall be a concurrent election of such two individuals by both Houses acting at the same time but by separate votes. If both persons previously nominated should not be elected the election shall be void, and a new election shall be made of two persons nominated by both Houses.

[Act of Cong., Feb. 15, 1911; J. R. 2, First Legis.]

CHAPTER 8

Philippine Commission

SECTION 125. Legislative Faculty of Philippine Commission. – The Philippine Commission constitutes the upper house of the Philippine Legislature and in this capacity it participates with the Philippine Assembly in the exercise of such power as is within the competency of the Legislature.

In its separate capacity the Philippine Commission has exclusive legislative authority in the Department of Mindanao and Sulu and other portions of the Philippine Islands inhabited by non-Christians.

[Act of Cong., July 1, 1902.]

CHAPTER 9

Philippine Assembly

ARTICLE I

Constitution and Organization of Philippine Assembly

SECTION 135. Philippine Assembly as Popular Branch of Legislature. – The Philippine Assembly constitutes the popular branch of the Philippine Legislature, and in this capacity it participates with the Philippine Commission in the exercise of such power as is within the competency of the Legislature.

[See Act of Cong., July 1, 1902.]

SECTION 136. Apportionment of Membership of Philippine Assembly. – The Philippine Assembly consists of eighty-one members, or delegates, elected by the people and apportioned as follows:

Albay, three; Ambos Camarines, three; Antique, one; Bataan, one; Batanes, one; Batangas, three; Bohol, three; Bulacan, two; Cagayan, two; Capiz, three; Cavite, one; Cebu, seven; Ilocos Norte, two; Ilocos Sur, three; Iloilo, five; Isabela, one; Laguna, two; La Union, two; Leyte, four; Manila, two; Mindoro, one; Misamis, two; Nueva Ecija, one; Occidental Negros, three; Oriental Negros, two; Palawan, one; Pampanga, two; Pangasinan, five; Rizal, two; Samar, three; Sorsogon, two; Surigao, one; Tarlac, two; Tayabas, two; and Zambales, one.

[1582-5; 1952-1.]

SECTION 137. Apportionment of Delegates for Additional Province. – When an additional province is given representation in the Assembly, the delegate or delegates apportioned to it shall be in addition to the number eighty-one and shall be in the ratio of one for every ninety thousand of population and one for an additional major fraction thereof. If at any time any change is made in the boundaries of the provinces or any new province is created, a readjustment of the apportionment of delegates of all provinces affected shall be made, on the basis of the original adjustment herein provided for. But at no time shall the total number of delegates exceed one hundred.

If any new province should be found to be entitled to more than one delegate it shall be divided into as many districts as it is entitled to delegates. Said districts shall be composed of contiguous and compact territory as near as may be and contain as nearly as practicable an equal number of inhabitants.

[1582-5 (2).]

SECTION 138. Qualifications for Delegate to Assembly. – No person shall be eligible to election as a delegate to the Assembly unless he is a qualified elector of the election district in which he may be chosen, is loyal to the United States, and at least twenty-five years of age.

[Act of Cong., July 1, 1902, McKinley's Instructions.]

SECTION 139. Term of Office of Delegate. – The official term of persons elected as delegates to the Philippine Assembly at the quadrennial general election shall begin on the sixteenth of October following and shall end on the fifteenth of the same month four years thereafter.

[Act of Cong., Feb. 15, 1911.]

SECTION 140. Special Election for Delegate. – Upon the failure to elect any delegate at any election at which the office is authorized to be filled, or upon the death or disqualification of a person elected a delegate before the beginning of his official term, or whenever a vacancy shall occur in the office of Delegate to the Philippine Assembly, the Governor-General shall make a proclamation of a special election to fill such office for the unexpired term, specifying the district in which the election is to be held, and the date thereof, which shall not be less than forty nor more than ninety days, reckoned from the date of the proclamation.

[2045-4.]

A special election shall not be held to fill a vacancy in the office of delegate to the Assembly, unless such vacancy shall occur on or before the first day of February of the last year of the term of office or unless occurring thereafter and a special session of the Assembly be called to meet before the time for the convening of the next Legislature.

[1582-4 (5) as amended by 1810.]

SECTION 141. Constitution and Governance of Philippine Assembly. – The Assembly shall be the judge of the elections, returns, and qualifications of its members. A majority shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may be authorized to compel the attendance of absent members. It shall choose its Speaker and other officers and may determine the rule of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds expel a member. It shall keep a journal of its proceedings, which shall be published; and the yeas and nays of the members on any question shall, on the demand of one-fifth of those present, be entered on the journal.

[Act of Cong., July 1, 1902, sec. 7.]

SECTION 142. Duties of Secretary of Assembly. – The secretary of the Assembly, in addition to the proper duties incident to his office as such, shall render service to Assembly committees acting during adjournments, and shall perform such other duties as may be required of him by the Speaker.

[1850-1.]

Upon the occurrence of a vacancy in the office of secretary during a recess of the Legislature, the Speaker may fill the place by appointment until a successor shall have been duly elected.

[2319-1.]

SECTION 143. Sessions of Assembly Committee Acting During Legislative Recesses. – When an Assembly committee is authorized by statute or by resolution or by joint order of the President of the Commission and the Speaker of the Assembly to sit while the Legislature is not in session, the services of the same being required by the Speaker, the Speaker of the Assembly shall fix the minimum hours of session or of work for such committee, or of any member thereof, and shall have authority to regulate the manner in which the duties of the same shall be performed.

[1989-1.]

ARTICLE II

Assembly Districts

SECTION 144. Assembly Districts in Certain Provinces. – The provinces entitled to elect more than one delegate are divided into Assembly districts as follows, each of which districts shall elect one delegate, thus constituting the full complement of the representation of such province:

Albay: First district – Composed of the municipalities of Bacacay, Libog, Malilipot, Malinao, Tabaco, and Tiwi. Second district – Composed of the municipalities of Albay, Baras, Bató, Calolbon, Manito, Pandan, Rapu-Rapu, Viga, and Virac. Third district – Composed of the municipalities of Camalig, Guinobatan, Jovellar, Libon, Ligao, Oas, and Polangui.

Ambos Camarines: First district – Composed of the municipalities of Basud, Cabusao, Capalonga, Daet, Gainza, Indan, Labo, Libmanan, Lupi, Mambulao, Milaor, Minalabac, Pamplona, Paracale, Pasacao, Ragay, San Fernando, San Vicente, Sipocot, and Talisay. Second district – Composed of the municipalities of Baao, Bato, Bula, Calabanga, Camaligan, Canaman, Iriga, Magarao, Nabua, Naga, and Pili. Third district – Composed of the municipalities of Buhi, Caramoan, Goa, Lagonoy, Sagnay, San José, Siruma, Tigaon, and Tinambac.

Batangas: First district – Composed of the municipalities of Balayan, Calaca, Calatagan, Lemery, Lian, Nasugbu, Taal, Talisay, Tanauan, and Tuy. Second district – Composed of the municipalities of Alitagtag, Batangas, Bauan, Cuenca, and Ibaan. Third district – Composed of the municipalities of Bolbok, Lipa, Lobó, Rosario; San José, and Santo Tomas.

Bohol: First district – Composed of the municipalities of Antequera, Baclayon, Calape, Corella, Cortés, Dauis, Loon, Maribojoc, Panglao, and Tagbilaran. Second district – Composed of the municipalities of Alburquerque, Balilihan, Batuan, Bilar, Cármen, Dimiao, Inabanga, Lila, Loay, Loboc, Sevilla, and Tubigon. Third district – Composed of the municipalities of Anda, Candijay, Duero, Garcia Hernandez, Guindulman, Jagna, Jetafe, Mabini, Sierra Bullones, Talibon, Ubay, and Valencia.

Bulacan: First district – Composed of the municipalities of Bigaa, Bocaue, Bulacan, Calumpit, Guiguinto, Hagonoy, Malolos, Paombong, Pulilan, and Quingua. Second district – Composed of the municipalities of Angat, Baliuag, Marilao, Meycauayan, Norzagaray, Obando, Polo, San Ildefonso, San Miguel, San Rafael, and Santa Maria.

Cagayan: First district – Composed of the municipalities of Alcalá, Amulung, Aparri, Baggao, Ballesteros, Buguey, Camalaniugan, Gattaran, Iguig, Lal-lo, Peñablanca, and Tuguegarao. Second district – Composed of the municipalities of Abulug, Claveria, Enrile, Faire, Pamplona, Piat, Rizal, Sanchez Mira, Solana, and Tuao.

Capiz: First district – Composed of the municipalities of Capiz, Dao, Dumarao, Iuisan, Panay, Panitan, Pilar, Pontevedra, and Sigma. Second district – Composed of the municipalities of Banga, Calivo, Dumalag, Jamindan, Lezo, Libacao, Mambusao, New Washington, Sapian, and Tapas. Third district – Composed of the municipalities of Badajoz, Buruanga, Cajidiocan, Ibajay, Looc, Malinao, Nabas, Odiongan, Romblon, San Fernando, and Taft.

Cebu: First district – Composed of the municipalities of Bogo, Borbon, Carmen, Catmon, Danao, Pilar, Poro, San Francisco, Tabogon, and Tudela. Second district – Composed of the municipalities of Cebu, Cordova, Liloan, Mandaue, and Opon. Third district – Composed of the municipalities of Carcar, Minglanilla, Naga, San Fernando, and Talisay. Fourth district – Composed of the municipalities of Argao, Dalaguete, and Sibonga. Fifth district – Composed of the municipalities of Alcantara, Alegria, Badian, Boljo-on, Ginatilan, Malabuyoc, Moalboal, Oslob, and Samboan. Sixth district – Composed of the municipalities of Aloguinsan, Barili, Dumanjug, Pinamungajan, Ronda, and Toledo. Seventh district – Composed of the municipalities of Asturias, Balamban, Bantayan, Daanbantayan, Medellin, San Remigio, Santa Fe, and Tuburan.

Ilocos Norte: First district – Composed of the municipalities of Bacarra, Bangui, Burgos, Laoag, Pasuquin, Piddig, Sarrat, and Vintar. Second district – Composed of the municipalities of Badoc, Banná, Batac, Dingras, Paoay, San Nicolas, and Solsona.

Ilocos Sur: First district – Composed of the municipalities of Bantay, Cabugao, Caoayan, Lapog, Magsingal, Santa Catalina, Santo Domingo, San Vicente, Sinait, and Vigan. Second district – Composed of the municipalities of Candon, Narvacan, San Esteban, Santa Cruz, Santa Lucia, Santa Maria, and Santiago. Third district – Composed of the municipalities of Bangued, Bucay, Dolores, La Paz, Pidigan, Pilar, San Quintin (township), Santa, and Tayum.

Iloilo: First district – Composed of the municipalities of Guimbal, Miagao, Oton, San Joaquin, and Tigbauan. Second district – Composed of the municipalities of Arevalo, Buenavista, Iloilo, and Jaro. Third district – Composed of the municipalities of Cabatuan, Leon, San Miguel, and Santa Barbara. Fourth district – Composed of the municipalities of Barotac Nuevo, Dumangas, Dingle, Janiuay, Lambunao, and Pototan. Fifth district – Composed of the municipalities of Balasan, Banate, Dueñas, Passi, and Sara.

Laguna: First district – Composed of the municipalities of Alaminos, Bay, Biñan, Cabuyao, Calamba, Calauan, Los Baños, Pila, San Pablo, San Pedro, and Santa Rosa. Second district – Composed of the municipalities of Cavinti, Famy, Lilio, Longos, Luisiana, Lumban, Mabitac, Magdalena, Majayjay, Nagcarlan, Paete, Pagsanjan, Pangil, Santa Cruz, Santa Maria, and Siniloan.

La Union: First district – Composed of the municipalities of Bacnotan, Balaoan, Bangar, Luna, San Fernando, and San Juan. Second district – Composed of the municipalities of Agoo, Aringay, Bauang, Caba, Naguilian, Rosario, Santo Tomas, and Tubao.

Leyte: First district – Composed of the municipalities of Baybay, Biliran, Caibiran, Kawayan, Leyte, Maripipi, Merida, Naval, Ormoc, Palompon, San Isidro, and Villaba. Second district – Composed of the municipalities of Bató, Cabalian, Hilongos, Hindang, Inopacan, Libagon, Liloan, Maasin, Macrohon, Malitbog, Matalom, Pintuyan, and Sogod. Third district – Composed of the municipalities of Abuyog, Barugo, Burauen, Carigara, Dagami, Hinunangan, Hinundayan, Jaro, and Pastrana. Fourth district – Composed of the municipalities of Alangalang, Babatngon, Dulag, Palo, San Miguel, Tacloban, Tanauan, and Tolosa.

Manila: First district – Composed of the districts of Binondo, Intramuros, San Nicolas, and Tondo. Second district – Composed of the districts of Ermita, Malate, Paco, Pandacan, Quiapo, Sampaloc, San Miguel, Santa Ana, and Santa Cruz.

Misamis: First district – Composed of the municipalities of Balingasag, Catarman, Gingoog, Mambajao, Sagay, Tagoloan, and Talisayan. Second district – Composed of the municipalities of Baliangao, Cagayan, Initao, Jimenez, Misamis, Oroquieta, and Plaridel.

Occidental Negros: First district – Composed of the municipalities of Cadiz, Escalante, Manapla, Sagay, San Carlos, Saravia, Silay, and Victorias. Second district – Composed of the municipalities of Bacolod, Bago, La Carlota, Murcia, Talisay, and Valladolid. Third district – Composed of the municipalities of Binalbagan, Cauayan, Himamaylan, Hinigaran, Ilog, Isabela, Kabankalan, and Pontevedra.

Oriental Negros: First district – Composed of the municipalities of Ayuquitan, Bais, Dumaguete, Gihulñgan, Jimalalud, Manjuyod, Sibulan, Tanjay, Tayasan, and Vallehermoso. Second district – Composed of the municipalities of Bacon, Dauin, Larena, Lazi, Luzuriaga, Maria, San Juan, Siaton, Siquijor, Tolong, and Zamboanguita.

Pampanga: First district – Composed of the municipalities of Angeles, Bacolor, Floridablanca, Guagua, Lubao, Macabebe, Masantol, Porac, Santa Rita, and Sexmoan. Second district – Composed of the municipalities of Apalit, Arayat, Candaba, Mabalacat, Magalan, Mexico, Minalin, San Fernando, San Luis, San Simon, and Santa Ana.

Pangasinan: First district – Composed of the municipalities of Agno, Aguilar, Alaminos, Anda, Balincaguin, Bani, Bolinao, Burgos, Dasol, Infanta, Labrador, Lingayen, Salasa, and Sual. Second district – Composed of the municipalities of Binmaley, Dagupan, Mangatarem, San Carlos, and Urbiztondo. Third district – Composed of the municipalities of Alava, Bayambang, Calasiao, Malasiqui, Mangaldan, Mapandan, San Fabian, and Santa Barbara. Fourth district – Composed of the municipalities of Alcala, Bautista, Binalonan, Manaoag, Pozorrubio, San Jacinto, Santo Tomas, Urdaneta, and Villasis. Fifth district – Composed of the municipalities of Asingan, Balungao, Natividad, Rosales, San Manuel, San Nicolas, San Quintin, Santa Maria, Tayug, and Umingan.

Rizal: First district – Composed of the municipalities of Caloocan, Las Piñas, Makati, Malabon, Navotas, Parañaque, Pasay, Pateros, San Felipe Neri, San Juan del Monte, and Taguig. Second district – Composed of the municipalities of Antipolo, Binangonan, Cainta, Cardona, Jalajala, Mariquina, Montalban, Morong, Pasig, Pililla, San Mateo, Tanay, and Taytay.

Samar: First district – Composed of the municipalities of Allen, Bobon, Calbayog, Capul, Catarman, Catubig, Laoang, Lavezares, Mondragon, Oquendo, Palapag, Pambujan, San Antonio, Santa Margarita, and Tinambacan. Second district – Composed of the municipalities of Almagro, Basey, Calbiga, Catbalogan, Gandara, Santa Rita, Santo Niño, Tarangnan, Villareal, Wright and Zumarraga. Third district – Composed of the municipalities of Balangiga, Borongan, Dolores, Guiuan, Hernani, Llorente, Oras, Salcedo, San Julian, Sulat, and Taft.

Sorsogon: First district – Composed of the municipalities of Bacon, Barcelona, Bulusan, Casiguran, Castilla, Gubat, Irosin, Juban, Matnog, Prieto Diaz, Santa Magdalena, and Sorsogon. Second district – Composed of the municipalities of Aroroy, Bulan, Cataingan, Dimasalang, Donsol, Magallanes, Masbate, Milagros, Pilar, San Fernando, San Jacinto, and San Pascual.

Tarlac: First district – Composed of the municipalities of Anao, Camiling, Gerona, Moncada, Paniqui, Pura, San Clemente, San Manuel, and Santa Ignacia. Second district – Composed of the municipalities of Bamban, Capas, Concepcion, La Paz, Tarlac, and Victoria.

Tayabas: First district – Composed of the municipalities of Atimonan, Baler, Candelaria, Casiguran, Dolores, Infanta, Lucban, Lucena, Mauban, Pagbilao, Polillo, Sampaloc, Sariaya, Tayabas, and Tiaong. Second district – Composed of the municipalities of Alabat, Boac, Calauag, Catanauan, Gasan, Guinayangan, Gumaca, Lopez, Macalelon, Mogpog, Mulanay, Pitogo, Quezon, San Narciso, Santa Cruz, Torrijos, and Unisan.

[2045-5.]

TITLE IV

Judicial Power, Embracing Courts of Superior Jurisdiction, Justices of the Peace, and Notaries Public

CHAPTER 10

Courts of Superior Jurisdiction

PRELIMINARY ARTICLE

Title of Chapter

SECTION 150. Title of Chapter. – This chapter shall be known as the Judiciary Law.

ARTICLE I

Provisions Common to More Than One Court

SECTION 151. Courts of Superior Jurisdiction. – The courts of superior jurisdiction referred to in this chapter are the Supreme Court and Courts of First Instance.

SECTION 152. Special Provision in Oath of Judges. – The oath of office of judges shall contain, in addition to the matters prescribed in section twenty-one of this Code, a declaration to the effect that the affiant will administer justice without respect to person and do equal right to the poor and the rich.

[136-7.]

SECTION 153. Preservation of Oath of Office of Judge. – The oath of office of a judge shall be filed with the clerk of the court to which the affiant pertains and shall be entered upon its records. Where a judge is authorized by law to exercise his functions in more than one court, it shall suffice if his oath is recorded in the court where he has his official station.

[136-7.]

SECTION 154. Judge’s Certificate as to Work Completed. – Judges and auxiliary judges of first instance, judges of municipal courts, and justices of the peace shall certify on their applications for leave, and upon salary vouchers presented by them for payment, or upon the pay rolls upon which their salaries are paid, that all special proceedings, applications, petitions, demurrers, motions, and all civil and criminal cases which have been under submission for decision or determination for a period of ninety days or more have been determined and decided on or before the date of making the certificate, and no leave shall be granted and no salary shall be paid without such certificate.

In case any special proceeding, application, petition, demurrer, motion, civil or criminal case is resubmitted upon the voluntary application or consent in writing of all the parties to the case, cause, or proceeding, and not otherwise, the ninety days herein prescribed within which a decision should be made shall begin to run from the date of such resubmission.

[1552-1.]

SECTION 155. Disposition of Moneys Paid into Court. – All moneys accruing to the Government in the Courts of First Instance or the Supreme Court, including fees, fines, forfeitures, costs, or other miscellaneous receipts, and all trust or depositary funds paid into such courts shall be received by the clerk of the court and in the absence of special provision shall be paid by him into the Insular Treasury to the credit of the proper account or fund and under such regulations as shall be prescribed by the Bureau of Audits.

A clerk shall not receive money belonging to private parties except where the same is paid to him or into court by authority of law.

SECTION 156. Disbursement of Funds for Judiciary Establishment. – Except as otherwise specially provided, Insular funds available for the judiciary establishment shall be disbursed by the disbursing officer of the Bureau of Justice.

SECTION 157. Annual Report of Clerks of Courts. – The clerk of the Supreme Court and all clerks of Courts of First Instance shall make annual reports to the Attorney-General, of such scope and in such form as shall be by the latter prescribed, concerning the business done in their respective courts during the year.

[136-77.]

ARTICLE II

Supreme Court

SECTION 158. Judges of Supreme Court. – The Supreme Court of the Philippine Islands shall consist of seven judges, namely, the Chief Justice and six Associate Justices.

[136-8.]

SECTION 159. Qualifications for Office of Judge of Supreme Court. – To be eligible to the office of judge of the Supreme Court, a person must -

(a) Be more than twenty-five years of age.

(b) Be a citizen of the United States or of the Philippine Islands.

(c) Have practiced law, or have been a judge of a court of record in the United States or the Philippine Islands or in Spain, or, previous to the date of the ratification of the treaty of Paris, in any Spanish territory, for a period of five years, or must for a like period have filled any office which requires a legal degree as an indispensable qualification in the Philippine Islands or, previous to the date of the ratification of the treaty of Paris, in any Spanish territory.

[136-3; 1024-1.]

SECTION 160. Authority of Supreme Court Over Administration of Its Own Affairs. – The Supreme Court shall have exclusive administrative control of all matters affecting the internal operations of the Court.

[2128-1, 3, et seq.]

SECTION 161. Status of Subordinates. – Except as regards the appointment and compensation of the reporter, clerk, and such private secretaries to the individual justices as the Court may authorize, all subordinates and employees of the Supreme Court shall be governed by the provisions of the Civil Service Law; but the court may, by resolution, remove any of them for cause.

[2128-1, 3, et seq.]

SECTION 162. Vacation Period. – The regular sessions of the Supreme Court may, in the discretion of the court, be suspended for the period beginning with the first of May and closing with the first of July of each year, which, in case of such suspension, shall be known as the Supreme Court vacation.

By resolution entered upon the minutes of the court, the Supreme Court vacation may be made to begin on the first of April and close with the first of July in any year.

During vacation at least one of the justices, to be designated in such manner as the court by resolution shall direct, shall remain on duty.

[867-1; 1184-1; 1598-1.]

SECTION 163. Sessions of Court in Banc. – The Supreme Court shall, as a body, sit in banc, the Chief Justice presiding. In case of the absence of the Chief Justice, that one of the attending judges shall preside who holds the senior commission.

[136-10; Comp. 2171.]

Five of the judges of the Supreme Court, lawfully convened, shall form a quorum for the transaction of any business of the court. In the absence of a quorum the court shall stand ipso facto adjourned until such time as the requisite number shall be present, and a memorandum showing this fact shall be inserted by the clerk in the minutes of the court.

[136-8.]

The concurrence of at least four members of the court shall in all cases be necessary to the pronouncement of a judgment.

[136-9; Comp. 2169.]

SECTION 164. Regular Terms of Supreme Court. – The Supreme Court shall hold at Manila two regular terms for the hearing of causes, the first commencing on the second Monday of January and the second on the second Monday of July. Each regular term shall continue to and include the day before the opening of the next regular term. The Supreme Court shall convene and hold a session after the regular court vacation on the first day of July, or, if that be a holiday, then upon the next day thereafter not a holiday, for the purpose of hearing such motions and applications as should be heard before the close of the term. The court shall also meet upon the second day of January, or, if that be a holiday, upon the next day thereafter which is not a holiday, for the purpose of hearing such business of the regular July term as should be heard before the end of the term. The office of the clerk of the Supreme Court shall always be open for the transaction of business, except upon lawful holidays, and the court shall always be open for the transaction of such interlocutory business as may be done by a single member thereof.

The sessions of the court for the hearing of cases shall be held on such days in the week, and for such length of time, as the court by its rules may order.

[867-2.]

SECTION 165. Preservation of Order in Supreme Court. – The sheriff of the city of Manila or of the province where the Supreme Court may be in session shall, in person or by deputy, attend the sessions of the Supreme Court, enforce proper decorum in the court room, and preserve good order in its precincts. To this end he shall carry into effect the rules or orders of the court made in this behalf, or of any judge thereof, and shall arrest any person there disturbing the court or violating the peace.

[136-25; 1546-1.]

SECTION 166. Service of Process of Supreme Court. – Writs, processes, and orders of the Supreme Court, or of any judge thereof, shall be served or executed by the sheriff of the city of Manila or of the province where the Supreme Court may be in session or by any officer having authority to execute the writs, processes, or orders of a Court of First Instance.

[136-25; 1546-1.]

SECTION 167. Form of Decisions – When Opinion to be Reported. – When a decision is rendered by the Supreme Court a written opinion or memorandum exemplifying the ground and scope of the judgment of the court shall be filed with the clerk of the court and shall be by him recorded in an opinion book. When the court shall deem a decision to be of sufficient importance to require publication, the clerk shall furnish a certified copy to the reporter. Dissenting opinions shall be published when the judges writing such opinions shall so direct.

[136-37; 1675-1.]

SECTION 168. Preparation of Opinions for Publication. – The reporter shall prepare and publish with each reported decision a concise synopsis of the facts necessary to a clear understanding of the case and shall state the names of counsel, and concisely the material and controverted points made, and the authority therein cited by them, and shall prefix to each case a syllabus, which shall be confined, as near as may be, to points of law decided by the court on the facts of the case, without a recital therein of the facts.

[136-37; 1675-1.]

SECTION 169. General Make-Up of Volumes. – Each volume of the decisions of the Supreme Court shall contain a table of the cases reported and of the cases cited in the opinions and a full and alphabetical index of the subject matters of the volume prepared by the reporter, shall contain not less than seven hundred and fifty pages of printed matter, shall be well printed, upon good paper, and well bound in the best law sheep, substantially in the manner of the reports of the decisions of the Supreme Court of the United States, and shall be styled, “Philippine Reports”, and numbered consecutively, in the order of the volumes published.

[136-34.]

SECTION 170. Assignment of Supreme Court Judge to Sit in Court of First Instance. – The Supreme Court may, at any time, and for any reason satisfactory to its judges, assign any judge of that Court to hear any particular cause pending in any Court of First Instance, or to hold a term of the court in any Court of First Instance. The judge so assigned shall possess all the powers of a judge of first instance in all actions heard by him under such assignment, but he shall not sit in the Supreme Court in review of any decisions made by him in such capacity.

[136-29.]

ARTICLE III

Courts of First Instance in General

SECTION 171. Courts of First Instance. – Courts of general original jurisdiction, known as Courts of First Instance, are organized and established throughout the Philippine Islands in conformity with the provisions of this chapter.

[2347-1, 2.]

SECTION 172. Judges of First Instance. – The judicial function in Courts of First Instance shall be vested in judges of first instance and auxiliary judges of first instance, to be appointed and commissioned as hereinafter provided.

[2347-1, 2.]

SECTION 173. Appointment of Judges. – Judges of first instance and auxiliary judges shall be appointed by the Governor-General, with the advice and consent of the Upper House of the Philippine Legislature, to serve until they shall reach the age of sixty-five years.

[2347-7.]

SECTION 174. Qualifications. – No person shall be appointed judge of first instance or auxiliary judge unless he has practiced law in the Philippine Islands or in the United States for a period of not less than five years or has held during a like period, within the Philippine Islands or within the United States, an office requiring a lawyer’s diploma as an indispensable requisite; and before assuming such judicial office he shall qualify as a member of the bar of the Supreme Court of the Philippine Islands if he has not already done so.

[2347-7.]

SECTION 175. Clerks and Other Subordinate Employees of Courts of First Instance. – Clerks, deputy clerks, assistants, and other subordinate employees of Courts of First Instance, including the employees of the General Land Registration Office, shall, for administrative purposes, belong to the Bureau of Justice; but in the performance of their duties they shall be subject to the supervision of the judges of the courts to which they respectively pertain.

The clerk of a Court of First Instance may, by special written deputization approved by the judge, authorize any suitable person to act as his special deputy and in such capacity to perform such functions as may be specified in the authority granted.

[152-2; 396-2; 867-27, 29; 2347-25.]

SECTION 176. Permanent Station of Clerk of Court. – The head office and permanent station of a clerk of court shall be at the provincial capital.

[2495-3.]

SECTION 177. Provincial Officer as Ex Officio Clerk of Court. – When the Secretary of Finance and Justice shall deem such action advisable, he may direct that the duties of the clerk of court of the Province of Bukidnon shall be performed by an officer or employee of the Province of Bukidnon as ex officio clerk of court, in which case the salary of said employee or officer as clerk of court, ex officio, shall be fixed by the provincial board of Bukidnon and shall be equitably distributed by said board with the approval of the Secretary of Finance and Justice between the Insular Government and the provincial government.

[2495-4.]

The Secretary of Finance and Justice may in like manner impose the duties of clerk of court for the subprovince of Romblon upon a clerk in the office of the lieutenant-governor of said subprovince.

[867-27; 1565-8.]

ARTICLE IV

Judicial Districts for Courts of First Instance and Judges Thereof

SECTION 178. Judicial Districts.- Judicial districts for Courts of First Instance in the Philippine Islands are constituted as follows:

The First Judicial District shall consist of the Province of Cagayan and the Province of Batanes.

The Second Judicial District, of the Province of Isabela and the Province of Nueva Vizcaya.

The Third Judicial District, of the Province of Ilocos Sur, including the subprovince of Abra, and the Province of Ilocos Norte.

The Fourth Judicial District, of the Province of La Union and the Mountain Province.

The Fifth Judicial District, of the Province of Pangasinan.

The Sixth Judicial District, of the Province of Tarlac and the Province of Nueva Ecija.

The Seventh Judicial District, of the Province of Pampanga and the Province of Bulacan.

The Eighth Judicial District, of the Province of Bataan and the Province of Zambales.

The Ninth Judicial District, of the city of Manila.

The Tenth Judicial District, of the Province of Cavite and the Province of Palawan.

The Eleventh Judicial District, of the Province of Rizal.

The Twelfth Judicial District, of the Province of Laguna.

The Thirteenth Judicial District, of the Province of Batangas and the Province of Mindoro.

The Fourteenth Judicial District, of the Province of Tayabas, including the subprovince of Marinduque.

The Fifteenth Judicial District, of the Province of Ambos Camarines and the Province of Albay, including the subprovince of Catanduanes.

The Sixteenth Judicial District, of the Province of Sorsogon, including the subprovince of Masbate.

The Seventeenth Judicial District, of the Province of Capiz and the Province of Antique and the subprovince of Romblon.

The Eighteenth Judicial District, of the Province of Samar.

The Nineteenth Judicial District, of the Province of Leyte.

The Twentieth Judicial District, of the Province of Cebu.

The Twenty-first Judicial District, of the Province of Oriental Negros, including the subprovince of Siquijor and the Province of Bohol.

The Twenty-second Judicial District, of the Province of Occidental Negros.

The Twenty-third Judicial District, of the Province of Iloilo.

The Twenty-fourth Judicial District, of the Province of Surigao and the Province of Agusan.

The Twenty-fifth Judicial District, of the Provinces of Misamis and Bukidnon and of all of the Province of Lanao except the municipality of Malabang and the municipal district of Mataling.

The Twenty-sixth Judicial District, of the Department of Mindanao and Sulu, except as hereinabove otherwise provided.

[2347-1.]

SECTION 179. Judges of First Instance for Judicial Districts. – One judge of first instance shall be commissioned for each judicial district except the ninth; for the ninth district there shall be four such judges, who shall be known as judge of the first, second, third, and fourth branch, respectively.

[2347-1.]

SECTION 180. Restriction Upon Detail of Judge to Other District. – For the purpose of trying land registration cases only, a judge of first instance may, if the public interests so require, be detailed by the Secretary of Finance and Justice to temporary duty in a district other than his own. Save when so detailed or when assigned to vacation duty, no judge of first instance shall be required to do duty in any other district than that for which he is commissioned; but nothing herein shall be construed to prevent a judge of first instance of one district from being appointed to be judge of another district.

[2347-6.]

SECTION 181. Permanent Stations of Judges of First Instance. – The permanent station of judges of the Ninth Judicial District shall be in the city of Manila. In districts containing only one province, the permanent official station of the judge shall be at the capital of the province.

In other judicial districts the permanent stations of the judges shall be as follows:

For the First District, in the municipality of Tuguegarao, Province of Cagayan.

For the Second District, in the municipality of Ilagan, Province of Isabela.

For the Third District, in the municipality of Vigan, Province of Ilocos Sur.

For the Fourth District, in the municipality of San Fernando, Province of Union.

For the Sixth District, in the municipality of Cabanatuan, Province of Nueva Ecija.

For the Seventh District, in the municipality of San Fernando, Province of Pampanga.

For the Eighth District, in the municipality of Balanga, Province of Bataan.

For the Tenth District, in the municipality of Cavite, Province of Cavite.

For the Thirteenth District, in the municipality of Batangas, Province of Batangas.

For the Fifteenth District, in the municipality of Albay, Province of Albay.

For the Sixteenth District, in the municipality of Sorsogon, Province of Sorsogon.

For the Seventeenth District, in the municipality of Capiz, Province of Capiz.

For the Twenty-first District, in the municipality of Dumaguete, Province of Oriental Negros.

For the Twenty-fourth District, in the municipality of Surigao; Province of Surigao.

For the Twenty-fifth District, in the municipality of Cagayan, Province of Misamis.

For the Twenty-sixth District, in the municipality of Zamboanga, Department of Mindanao and Sulu.

[2347-3.]

ARTICLE V

Auxiliary Judges of First Instance

SECTION 182. Auxiliary Judges of First Instance. – There shall be seven auxiliary judges of first instance, one of whom shall be commissioned for each of the respective groups of judicial districts defined in the next paragraph hereof.

The first group shall be composed of the First, Second, Third, and Fourth Judicial Districts; the second group of the Fifth, Sixth, Seventh, and Eighth Districts; the third group of the Ninth, Tenth, Eleventh and Twelfth Districts; the fourth group of the Thirteenth, Fourteenth, Fifteenth, and Sixteenth Districts; the fifth group of the Eighteenth, Nineteenth, Twentieth, and Twenty-first Districts; the sixth group of the Seventeenth, Twenty-second, and Twenty-third Districts; and the seventh group of the Twenty-fourth, Twenty-fifth, and Twenty-sixth Districts.

[2347-4.]

SECTION 183. Official Stations of Auxiliary Judges. – The official stations of auxiliary judges shall be as follows: For the first group, in the capital of the Province of Ilocos Sur; for the second group, in the capital of the Province of Pangasinan; for the third group, in the city of Manila; for the fourth group, in the capital of the Province of Albay; for the fifth group, in the city of Cebu; for the sixth group, in the city of Iloilo; for the seventh group, in the municipality of Zamboanga, Department of Mindanao and Sulu.

[2347-4.]

SECTION 184. Functions of Auxiliary Judge. – Auxiliary judges shall assist the judges of first instance of the several districts comprised in their respective groups; shall act as substitute for said judges in cases of their absence, illness, or incapacity; and shall temporarily supply any vacancy that may occur among them. When their services are not required elsewhere, auxiliary judges shall hold court at their respective official stations for the dispatch of any matters there requiring attention.

No special assignment by the Secretary of Finance and Justice shall be necessary to enable any auxiliary judge to act in any district in the proper group; and it shall be the duty of an auxiliary judge to render assistance to any of the judges of first instance in his group upon request from the proper judge, and in case of the absence, illness, or incapacity of any of such judges, or in case of a vacancy, the auxiliary judge shall proceed to the proper district upon being notified of the particular exigency. In such cases a report of his action shall be made to the Secretary of Finance and Justice, who shall have administrative authority over the assignment of auxiliary judges and who may in his discretion direct any auxiliary judge as regards the place where he should render service.

[2347-4.]

SECTION 185. Assignment of Auxiliary Judge to Other Group. – During the absence, illness, or other disability of an auxiliary judge, or in case of a vacancy in his office, his duties may be temporarily performed by any other auxiliary judge thereunto designated by written order of the Secretary of Finance and Justice. Except upon such occasion, an auxiliary judge shall not be assigned for service in any district not included in the group designated in his commission; and the assignment shall continue only so long as the exigency resulting in the substitution shall last.

[2347-4.]

ARTICLE VI

Places and Times of Holding Courts of First Instance

SECTION 186. Places and Times of Holding Court. – For the Ninth Judicial District, court shall be held in the city of Manila; and in other districts which comprise not more than one province, court shall be held at the capital of the province, except as hereinafter provided. In said districts sessions of court shall be convened on all work days when there are cases ready for trial or other court business to be dispatched.

In the following districts court shall be held at the places and times hereinbelow specified:

First District: At Tuguegarao, Province of Cagayan; on the first Tuesday of July and December of each year; at Santo Domingo de Basco, Province of Batanes, on the first Tuesday of March of each year.

Second District: At Ilagan, Province of Isabela, on the first Tuesday of March and September of each year; at Bayombong, Province of Nueva Vizcaya, on the first Tuesday of July and December of each year.

Third District: At Vigan, Province of Ilocos Sur, on the first Tuesday of January and July of each year; at Laoag, Province of Ilocos Norte, on the first Tuesday of March and September of each year; at Bangued, subprovince of Abra, on the first Tuesday of November of each year.

Fourth District: At San Fernando, Province of La Union, on the first Tuesday of January and July of each year; at Baguio, Mountain Province, on the first Tuesday of April and September of each year; at Kiangan, Mountain Province, on the first Tuesday of March and November of each year; at Bontoc, Mountain Province, on the second Tuesday of March and November of each year; at Cervantes, Mountain Province, on the third Tuesday of March and November of each year; at Tagudin, Mountain Province, on the fourth Tuesday of March and November of each year.

Sixth District: At Cabanatuan, Province of Nueva Ecija, on the first Tuesday of April, July, and October of each year; at Tarlac, Province of Tarlac, on the first Tuesday of February and August of each year.

Seventh District: At San Fernando, Province of Pampanga, on the first Tuesday of April and October of each year; at Malolos, Province of Bulacan, on the first Tuesday of February and August of each year.

Eighth District: At Iba, Province of Zambales, on the first Tuesday of January, April, and October of each year; at Balanga, Province of Bataan, on the first Tuesday of March, July, and December of each year.

Tenth District: At Cavite, Province of Cavite, on the first Tuesday of January, July, and November of each year; at Cuyo, Province of Palawan, on the first Tuesday of April of each year; at Puerto Princesa, Province of Palawan, on the third Tuesday of April of each year.

Thirteenth District: At Batangas, Province of Batangas, on the first Tuesday of February and August of each year; at Calapan, Province of Mindoro, on the first Tuesday of April and October of each year; at the township of Lubang, Lubang Island, in the Province of Mindoro, on the third Tuesday of March of each year.

Fourteenth District: At Lucena, Province of Tayabas, on the first Tuesday of February, July, and December of each year; at Boac, subprovince of Marinduque, on the second Tuesday of April and November of each year.

Fifteenth District: At Naga, Province of Ambos Camarines, on the first Tuesday of January and July of each year; at Tigaon, Province of Ambos Camarines, on the third Tuesday of September of each year; at Albay, Province of Albay, on the third Tuesday of February and the first Tuesday of October of each year; at Virac, subprovince of Catanduanes, Province of Albay, on the second Tuesday of April of each year; at Daet, Province of Ambos Camarines, on the fourth Tuesday of August of each year.

Sixteenth District: At Sorsogon, Province of Sorsogon, on the first Tuesday of February, July, and November of each year; at Masbate, subprovince of Masbate, on the first Tuesday of January of each year.

Seventeenth District: At Capiz, Province of Capiz, on the first Tuesday of February and September of each year; at Calivo, same province, on the first Tuesday of July of each year; at San José, Province of Antique, on the first Tuesday of April and November of each year; at Romblon, subprovince of Romblon, Province of Capiz, on the first Tuesday of January and August of each year.

Eighteenth District: At Catbalogan, Province of Samar, on the first Tuesday of January and September of each year; at Borongan, same province, on the first Tuesday of July of each year; at Catarman, same province, on the first Tuesday of April of each year.

Nineteenth District: At Tacloban, Province of Leyte, on the first Tuesday of July and November of each year; at Maasin, same province, on the first Tuesday of April and October of each year.

Twentieth District: At Cebu, Province of Cebu, on the first Tuesday of January and July of each year, and at Dumanjug, same province, on the first Tuesday of April and October of each year.

Twenty-first District: At Dumaguete, Province of Oriental Negros, on the first Tuesday of January and November of each year; at Tagbilaran, Province of Bohol, on the first Tuesday of March, July and October of each year; at Larena, subprovince of Siquijor, on the first Tuesday of April of each year.

Twenty-fourth District: At Surigao, Province of Surigao, on the first Tuesday of January, April and July of each year; at Butuan, Province of Agusan, on the first Tuesday of March and October of each year. A special term of court shall also be held once a year in either the municipality of Tandang or the municipality of Hinatuan, Province of Surigao, in the discretion of the court.

Twenty-fifth District: At Cagayan, Province of Misamis, on the first Tuesday of January and July of each year; at Malaybalay, Province of Bukidnon, Department of Mindanao and Sulu, on the first Tuesday of September of each year; at Iligan; Province of Lanao, Department of Mindanao and Sulu, on the first Tuesday of March of each year; but the March term may be held at Dansalan in the discretion of the court.

Twenty-sixth District: At Zamboanga, Department of Mindanao and Sulu, on the first Tuesday of January and July of each year; at Cotabato, same department, on the first Tuesday of February and August of each year; at Davao, same department, on the first Tuesday of March and September of each year; at Jolo, same department, on the first Tuesday of April and November of each year; at Dapitan, Province of Zamboanga, same department, on the first Tuesday of December of each year.

The jurisdiction of the court held at Dapitan shall extend over the municipalities of Dapitan and Dipolog and the municipal district of Sindangan, and if the Secretary of Finance and Justice shall so order, over any municipality or municipal district hereafter created in the same vicinity.

Any judge whose district comprises more than one place for holding court shall hold court at the place of his permanent station not only during the period hereinabove appointed but also at any other time when there are cases ready for trial or other court business to be there dispatched, if he is not engaged elsewhere.

[2347-5; 2576.]

SECTION 187. Special Terms of Court. – For the trial of cases relative to the registration of property, judges of first instance may at any time hold special terms of court at any place appointed by law for the holding of court within their respective districts; and when so directed by the Secretary of Finance and Justice, they shall hold special terms of court at any time or in any municipality in their respective districts for the transaction of any judicial business.

[2347-5.]

SECTION 188. Authority of Judge to Define Territory Appurtenant to Courts. – Where court is appointed to be held at more than one place in a district, the judge of first instance may, with the approval of the Secretary of Finance and Justice, define the territory over which the court held at a particular place shall exercise its authority, and cases arising in the territory thus defined shall be triable at such court accordingly. The power herein granted shall be exercised with a view to making the courts readily accessible to the people of the different parts of the district and with a view to making the attendance of litigants and witnesses as inexpensive as possible.

SECTION 189. Hours of Daily Sessions of Courts. – The hours for the daily sessions of Courts of First Instance shall be from nine to twelve in the forenoon, and from three to five in the afternoon, except on Saturdays, when a forenoon session only shall be required; but the judge may extend the hours of sessions whenever in his judgment it is proper to do so. The judge holding any court may also, in his discretion, order that but one session per day shall be held, instead of two, at such hours as he may deem expedient for the convenience both of the court and the public; but the number of hours that the court shall be in session per day shall be not less than five.

Clerks of court shall be in attendance during the hours of session; and when not so in attendance upon the court they shall keep the same office-hours as are prescribed for other Government employees.

[136-54; 602-1; Comp. 2203.]

ARTICLE VII

Special Provisions Relative to Business in Court of First Instance of Ninth District

SECTION 190. Division of Business Among Branches of Court of Ninth District. – In the Court of First Instance of the Ninth District all cases relative to the registration of real estate in the city of Manila and all matters involving the exercise of the powers conferred upon the fourth branch of said court or the judge thereof in reference to the registration of land shall be within the exclusive jurisdiction of said fourth branch and shall go or be assigned thereto for disposition according to law. All other business appertaining to the Court of First Instance of said district shall be equitably distributed among the judges of the four branches in such manner as shall be agreed upon by the judges themselves; but in proceeding to such distribution of the ordinary cases a smaller share shall be assigned to the fourth branch, due account being taken of the amount of land registration work which may be required of this branch.

[396-1; 2347-12.]

SECTION 191. Interchange of Judges. – The judges of the several branches of the Court of First Instance for the Ninth District may, for their own convenience or the more expeditious accomplishment of business, sit by interchange, by mutual agreement or by order of the Secretary of Finance and Justice, in other branches than those to which they severally pertain; and except as regards land registration matters, any action or proceeding in one branch may be sent to another branch for trial or determination.

[396-1.]

SECTION 192. Convocation of Judges for Assistance of Judge of Fourth Branch. – In matters of special difficulty connected with the registration of land, the judge of the fourth branch of the Court of First Instance of the Ninth District may, when he deems such course advisable or necessary, convoke the other three judges of said court for the purpose of obtaining their advice and assistance. In such case the issue or issues to be decided shall be framed in writing by the judge of the fourth branch and shall be propounded for determination in joint session, with not fewer than three judges present. In case of a tie upon any issue, that view shall prevail which is maintained by the judge of the fourth branch.

[2347-11.]

ARTICLE VIII

Vacation of Courts of First Instance

SECTION 193. Vacation of Courts of First Instance. – The yearly vacation of Courts of First Instance shall begin with the first of May and close with the first of July of each year.

[867-1; 1184-1; 1598-1.]

SECTION 194. Assignment of Judges to Vacation Duty. – During the month of January of each year the Secretary of Finance and Justice shall issue an order naming the judges who are to remain on duty during the court vacation of that year; and consistently with the requirements of the judicial service, the assignments shall be so made that no judge or auxiliary judge shall be assigned to vacation duty, unless upon his own request, with greater frequency than once in three years.

Such order shall specify, in the case of each judge assigned to vacation duty, the territory over which in addition to his own district his authority as vacation judge shall extend, and the assignments shall be so arranged that provision will be made for the exercise of interlocutory jurisdiction, during vacation, in all parts of the Islands.

[867-1; 1153-1 (g).]

At least one judge shall always be assigned for vacation duty in the Ninth Judicial District.

[867-1; 1153-1 (f, k).]

The Secretary of Finance and Justice may from time to time modify his order assigning the judges to vacation duty as newly arising conditions or emergencies may require.

A judge assigned to vacation duty shall not ordinarily be required to hold court during such vacation; but the Secretary of Finance and Justice may, when in his judgment the emergency shall require, direct any judge assigned to vacation duty to hold during the vacation a special term of court in any district.

[867-1; 1153-1 (i).]

ARTICLE IX

Removal and Suspension of Judges

SECTION 195. Proceedings for the Removal of Judge – Temporary Suspension. – No judge or auxiliary judge of first instance shall be separated or removed from office by the Governor-General unless sufficient cause shall exist, in the judgment of the Supreme Court, involving serious misconduct or inefficiency, for the removal of said judge from office after the proper proceedings. The Supreme Court of the Philippine Islands is authorized, upon its own motion, or upon information of the Attorney-General of the Philippine Islands to conduct an inquiry into the official or personal conduct of any judge appointed under the provisions of this law, and to adopt such rules of procedure in that regard as it may deem proper; and, after such judge shall have been heard in his own defense, the Supreme Court may recommend his removal to the Governor-General, who, if he deems that the public interest will be subserved thereby, shall thereupon make the appropriate order for such removal.

[2347-8.]

The Governor-General, upon recommendation of the Supreme Court, may temporarily suspend a judge pending proceedings under this section. In case the judge suspended is acquitted of the cause or causes that gave rise to the investigation, the Governor-General shall order the payment to him of the salary, or part thereof, which he did not receive during his suspension, from any available funds for expenses of the judiciary.

The costs and expenses incident to such investigations shall be paid from the funds appropriated for contingent expenses of the judiciary, upon vouchers approved by the Chief Justice of the Supreme Court.

[2347-9.]

ARTICLE X

General Land Registration Office

SECTION 196. General Land Registration Office. – For the due effectuation and accomplishment of the laws relative to the registration of land there shall be maintained in the city of Manila, under the supervision of the judge of the fourth branch of the Court of First Instance of the Ninth Judicial District, an office to be known as the General Land Registration Office.

[2347-13.]

Said office shall be the head of the clerical and archival system of the Courts of First Instance throughout the Philippine Islands in the exercise of the faculties conferred upon them or upon judges of first instance in reference to the registration of land and shall constitute a central repository of records in matters connected therewith.

[2347-15.]

SECTION 197. Chief and Assistant Chief of General Land Registration Office. – The General Land Registration Office shall have a chief and an assistant chief to be known, respectively, as the chief of the General Land Registration Office and assistant chief of the General Land Registration Office. The chief of said office shall be a lawyer duly qualified by the Supreme Court of the Islands.

The assistant chief shall serve as acting chief during the absence or disability of the chief, as he shall also do in case of the death, resignation, or removal of the chief, until the vacancy shall be filled.

[2347-14.]

SECTION 198. Relation of Chief to Courts of First Instance. – The chief of the General Land Registration Office shall be deemed to be clerk of the fourth branch of the Court of First Instance of the Ninth District in the exercise of the functions conferred upon said branch or the judge thereof in matters relating to the registration of land. As such it shall be his duty to attend, either in person or by deputy, all sessions of said court at which proceedings relative to the registration of land are held, to keep minutes of such proceedings, and to perform with reference thereto all the duties of clerk of court.

[2347-16 (g), 19.]

The chief of the General Land Registration Office shall be deemed to be the chief clerk of all Courts of First Instance, save in the Ninth Judicial District, in so far as concerns the discharge of functions conferred by law upon such courts or the judges thereof in matters relating to the registration of land, and all clerks of said courts, acting in said capacity, shall be deemed to be subordinate to the chief of the General Land Registration Office. As such it shall be their duty to attend, either in person or by deputy, all sessions of their respective courts at which proceedings relative to the registration of land are held, to keep minutes of such proceedings, and to perform with reference thereto all the duties of clerk of court.

[2347-18 (b).]

It shall be the duty of the chief of the General Land Registration Office to comply with all orders, decisions, or decrees relative to the registration of land addressed to him by Courts of First Instance or the Supreme Court.

[2347-16 (b).]

SECTION 199. Chief Surveyor. – There shall be a chief surveyor in the General Land Registration Office, who shall have general supervision of all other surveyors in said office, and of all plats, plans and work requiring the services of a surveyor in said office. He shall examine the applications, plans, and technical descriptions in all cases filed whether in the provinces or in the city of Manila, and shall promptly make report to the court of any errors in said plans and technical descriptions and any conflicts between descriptions in said cases and descriptions of adjoining lands for which application for registration has been made. It shall also be his duty to prepare notices for publication and to prepare final decrees in all adjudicated cases.

[2347-14.]

SECTION 200. Subordinate Employees of General Land Registration Office. – The chief surveyor and other subordinates of the General Land Registration Office shall be appointed by the Attorney-General, upon recommendation of the chief.

[2347-17.]

SECTION 201. Regulations of General Land Registration Office. – Administrative regulations governing the conduct of the business in the General Land Registration Office and defining the duties of its personnel may be made by the chief of said office.

With a view to uniformity of practice, regulations not inconsistent with law shall be made and promulgated by the chief of the General Land Registration Office, with the approval of the judge of the fourth branch of the Court of First Instance of the Ninth Judicial District, governing the registration, indexing, classification, filing, and preservation of documents, papers, and maps relative to the registration of land. These regulations shall be observed, so far as applicable, in all courts and offices and by all officers exercising functions connected with such matters, including clerks of Courts of First Instance in the provinces and registers of deeds throughout the Islands.

[2347-16 (c).]

SECTION 202. Blank Forms. – The chief of the General Land Registration Office, with the approval of the judge of the fourth branch, as aforesaid, shall also prepare the blank forms necessary for carrying into proper effect the laws relative to the registration of land.

[2347-16 (d).]

SECTION 203. Certain Documents to be Kept in General Land Registration Office. – In the General Land Registration Office shall be kept and preserved all official papers, documents, and records of whatever character pertaining to the registration of lands located in the city of Manila; and in this office shall be received and preserved copies of all applications for registration and of maps of lands concerned in registration proceedings, and of all replies and other documents connected with such proceedings, including the orders, resolutions, and decisions of the various courts in registration cases; but except as regards land located in the city of Manila, all the original records of cases, with all the documents, notes of the testimony of witnesses, and other papers attached thereto, after the issuance of the decree of registration, shall be kept, and preserved by the clerk of the Court of First Instance of the province in which the land lies.

[2347-15 (a, b).]

SECTION 204. Seal to be Used in General Land Registration Office. – All processes, documents, and papers which require a seal and which issue through the General Land Registration Office shall have the seal of the proper Court of First Instance affixed thereto.

[2347-15 (e, f).]

ARTICLE XI

Office of Sheriff

SECTION 205. Powers and Duties of Sheriff. – In the city of Manila and in each of the several provinces there shall be an officer to be known as the sheriff, whose powers and duties shall be these:

(a) He shall be the legal custodian of the courthouse or of the quarters set apart for the court room and court offices, including, in the city of Manila, the buildings occupied by the Supreme Court, and the court of the justice of the peace, and he shall be charged with the care and safe-keeping of all public property therein, except the books, records and papers appertaining to the office of the clerk.

(b) He shall, in person or by deputy, attend the sessions of the Court of First Instance, shall enforce proper decorum in the court room, and preserve good order in its precincts. To this end he shall carry into effect the orders of the court made in this behalf, or of the judge thereof, and shall arrest any person there disturbing the court or violating the peace.

(c) Except as otherwise specially provided, he shall serve all writs, execute all processes, and carry into effect all orders issuing from the Court of First Instance or made by any judge thereof; and in the city of Manila the sheriff shall serve or execute civil writs, processes, and orders issued from any inferior or superior court or by a judge of any such court. Criminal process, from whatever court or by whatever judge issued, shall be served in the city of Manila by members of the police department of the city, though the same may also be served or executed with equal effect by the sheriff.

[136-22, 25; 152-1; 267-12; 1546-1; 1680-1.]

SECTION 206. Appointment of Deputy. – A sheriff may appoint one or more deputies, for whose acts he shall be responsible.

[136-20, 21; 1817-1; 1901-1.]

SECTION 207. Service of Process when Sheriff Incompetent. – When the sheriff is party to any action or proceeding or is otherwise incompetent to serve process therein some suitable person shall be thereunto deputed by the judge of the court from which the process issues.

SECTION 208. Officers in Function of Sheriff Ex Officio. – In the city of Manila the clerk of the Court of First Instance of the Ninth Judicial District shall exercise the functions of the sheriff. In the several provinces of the Department of Mindanao and Sulu said functions shall be exercised by the respective clerks of the Court of First Instance in said provinces, or by the local deputy of the clerk of the said court, if there be no such clerk in the province.

[2347-16 (c) .]

SECTION 209. Provincial Governor as Sheriff. – In other provinces the duties pertaining to the office of sheriff shall be discharged by the provincial governor, or in case the provincial governor renounces the office, by a person appointed by the Attorney-General, upon the recommendation of the judge of first instance of the province. The clerk or deputy clerk of the Court of First Instance of the province or other officer in the Government service therein may be thus appointed, in which case he shall discharge the duties of said office in addition to his other duties.

SECTION 210. Detail of Policeman as Attendant Upon Court. – A provincial governor shall direct the detail of one or more members of the local police or Constabulary of the place where a Court of First Instance shall be held, to attend the sessions and enforce good order in and about the court-room under the direction of the sheriff. If no member of the local police or Constabulary can be thus detailed, the judge of the court may appoint a bailiff to serve as an emergency employee during such time as the court may be in session in the province. The salary of such employee shall be paid from the appropriation for the judiciary and in the provinces of the Department of Mindanao and Sulu shall not be in excess of twenty-five pesos per month.

[136-22; 159-1, 2; 1680-1; 2410-1.]

SECTION 211. Temporary Sheriff. – When the office of sheriff is vacant, or the proper appointee has not yet qualified, the judge of the Court of First Instance of the province may, in case of emergency, make a temporary appointment to the office of sheriff of the province, pending the appointment and qualification, or qualification of the sheriff in usual course; and he may appoint the clerk or deputy clerk of the court or other officer in the Government service to act in said capacity. Such temporary appointee shall have all the powers of a regular sheriff; but he shall not be required to give bond, and his authority shall terminate at the expiration of ninety days from his appointment or upon the prior qualification of a regular sheriff in due course. A second appointment of the same person as temporary sheriff shall not be made unless for the purpose of supplying a vacancy occurring after a permanent sheriff shall have been appointed and qualified.

[159-1, 3, 5; 867-33.]

SECTION 212. Expenses of Maintenance of Courthouse. – All expenses incident to the repair, alteration, and custody of the courthouse, or court room and court offices, and the cost of all equipment and supplies for a Court of First Instance, including necessary books and stationery, shall be borne by the province concerned. The similar expenses of the Court of First Instance of the Ninth Judicial District shall be borne by the city of Manila.

[152-1; 267-12.]

SECTION 213. Compensation of Sheriff. – In the city of Manila the clerk serving as sheriff shall receive from the city of Manila additional compensation at the rate of two thousand pesos per annum. In the provinces a sheriff shall be paid for his services by fees only, and strictly in accordance with the fee bill prescribed by law, such fees to be paid by the party requiring the services in civil actions and by the Government in criminal prosecutions. When any Government officer performs the duties of sheriff, whether by requirement of law or by virtue of his appointment to the office, he shall, if other provision is not made for his compensation as sheriff, receive the fees lawfully accruing for his duties as sheriff in addition to the compensation received in other capacity, but account shall be rendered of these fees.

[136-27; 176-1; 183.]

ARTICLE XII

Registers of Deeds

SECTION 214. Office of Register of Deeds. – There shall be a register of deeds for the city of Manila and one for each of the several provinces except the Mountain Province. In the Mountain Province there shall be one register of deeds for the Mountain Province, whose jurisdiction shall extend to such parts of the province as are not contained in the subprovince of Benguet, and for the subprovince of Benguet there shall be a register of deeds whose jurisdiction shall extend throughout the subprovince of Benguet.

[1699-4; 2001-1.]

SECTION 215. General Functions of Register of Deeds. – The office of register of deeds constitutes a public repository of records of documents affecting the title of land in the province or city wherein such office is situated; and it is the duty of a register of deeds to record in proper form all instruments relative to such lands, the recording whereof shall be required or allowed by law.

The register of deeds shall perform the functions of commercial register in all matters except the registration of vessels. He shall also maintain a book of records of chattel mortgages and perform in respect to such instruments the duties prescribed in section two hundred and twenty hereof.

[1288-1; 1900-1; 2207-1; 2496-1.]

SECTION 216. Recording of Instrument Relating to Unregistered Land. – Any instrument affecting the title of unregistered land, such as a deed, lease, mortgage, release, power of attorney, or other conveyance or contract relative thereto may, after the due execution or acknowledgment of such instrument, be delivered for record to the register of deeds for the province or city where the land lies.

Upon the presentation of any such instrument, the register of deeds shall immediately indorse thereon the true year, month, day, hour, and minute when the same was received; and from the time of the making of such notation the instrument in question shall be constructively deemed to have been recorded, and it shall be the duty of the register as soon as practicable thereafter formally to record the instrument by extending it in full upon the proper record. The register shall also indorse upon every such instrument a memorandum showing the volume and page wherein the instrument is so recorded.

When any instrument has been thus recorded, the owner thereof shall be entitled to the custody and possession of the same; and the original instrument, the record thereof in the books of the register of deeds, or any certified copy of such record shall be received as competent evidence in any court of justice.

[496-124.]

SECTION 217. Duties of Register with Reference to Land Judicially Registered. – A register of deeds shall have authority to make memoranda affecting the title of land registered in his district and to enter and issue new certificates and duplicate certificates of title as provided by law, affixing the proper seal of court to the same.

[1699-4.]

SECTION 218. Journal for Notation of Matters Relating to Commercial Documents. – It shall be the duty of all registers of deeds to keep a daybook in their offices in which they shall enter the hour and minute, date, month, and year of the commercial documents presented for registration, and the names of the persons executing said documents, as well as the name of the person presenting the same.

[2458-1.]

SECTION 219. Certain Fees Collectible Upon Commercial Documents. – The following fees shall be paid for the registration and entry of each commercial document in the office of the register of deeds:

For the presentation of a document, fifty centavos.

For each entry made in the book of merchants not mentioned in the following paragraphs, ten pesos.

For the entry of a change of any circumstance relating to a private merchant, two pesos.

For the entry of powers of attorney and of substitutions, modifications, and renewals of the same, five pesos.

For entries of dowries, articles of marriage, or paraphernal property, ten pesos.

For the first entry of any business partnership or association, the fees designated in the following schedule:

If the capital of said business partnership or association does not exceed ten thousand pesos, ten pesos; if it exceeds ten thousand, one peso for each thousand or fraction thereof in excess of the first ten thousand; but the maximum fee which may be charged for the first entry, whatever the amount of the capital may be, is three hundred pesos.

For entries made in the book of associations not mentioned in the foregoing paragraphs, five pesos.

For the exhibition of any registered document, one peso.

For a literal certificate of entries, first page, one peso; and subsequent pages, fifty centavos each.

For certificate of any entry, three pesos.

For any negative certificate, two pesos.

[2458-2.]

SECTION 220. Registration of Chattel Mortgages and Fees Collectible in Connection Therewith. – Every register of deeds shall keep a book of records of chattel mortgages; shall certify on each mortgage left for record the date, hour, and minute when the same was by him received; record in such book any chattel mortgage, transfer, or discharge, which shall be presented to him in duplicate, the original to be filed and the duplicate to be returned to the person concerned.

The record shall be effected by making an entry, which shall be given a correlative number, setting forth the names of the mortgagee and the mortgagor, the sum or obligation guaranteed, date of the instrument, name of the notary acknowledging the same, and a note that the property mortgaged is mentioned in detail in the instrument filed, giving the proper file number thereof.

The register shall also certify the officer’s return of sale upon any mortgage, making reference upon the margin of the record of such officer’s return to the volume and page of the record of the mortgage, and a reference of such return on the record of the mortgage itself, and give a certified copy thereof, when requested, upon the payment of the lawful fees for such copy; and certify upon each mortgage officer’s return of sale or discharge of mortgage, both on the original and on the duplicate, the date, hour, and minute when the same is received for record and record such certificate with the return itself and keep an alphabetical index of mortgagors and mortgagees, which record and index shall be open to public inspection.

Duly certified copies of such records and of filed instruments shall be receivable as evidence in any court.

A register of deeds shall collect the following fees for services under this section:

For record of filing of any document, twenty-five centavos.

For filing and recording each chattel mortgage, including the necessary certificates and affidavits, the fees established in the following schedule shall be collected:

For each mortgage, the amount of which is -

Three hundred pesos or less, three pesos.

From three hundred and one to six hundred pesos, three pesos and fifty centavos.

From six hundred and one to eight hundred pesos, four pesos.

From eight hundred and one to one thousand pesos, four pesos and fifty centavos.

From one thousand and one to one thousand five hundred pesos, five pesos.

From one thousand five hundred and one to two thousand pesos, five pesos and fifty centavos.

From two thousand and one to two thousand five hundred pesos, six pesos.

From two thousand five hundred and one to three thousand pesos, six pesos and fifty centavos.

From three thousand and one to four thousand pesos, seven pesos and fifty centavos.

From four thousand and one to five thousand pesos, eight pesos and seventy-five centavos.

From five thousand and one to eight thousand pesos, ten pesos.

From eight thousand and one to ten thousand pesos, eleven pesos and twenty-five centavos.

From ten thousand and one to twelve thousand pesos, twelve pesos and fifty centavos.

From twelve thousand and one to fourteen thousand pesos, fourteen pesos.

From fourteen thousand and one to sixteen thousand pesos, fifteen pesos and fifty centavos.

From sixteen thousand and one to eighteen thousand pesos, seventeen pesos.

From eighteen thousand and one to twenty thousand pesos, eighteen pesos and fifty centavos.

From twenty thousand to twenty-five thousand pesos, twenty pesos.

From twenty-five thousand pesos upward, twenty-five pesos.

For recording each instrument of sale, conveyance, and transfer of a mortgage credit, whatever be the amount, three pesos.

For recording each notice of embargo, including the necessary index and annotations, three pesos.

For recording each release, including the necessary index and references, forty centavos.

For recording each release of embargo, including the proper annotations, forty centavos.

For recording each sheriff’s return of sale, including the index and references, for each one hundred words, twenty centavos.

For certified copies of records, such fees as are allowed by law for copies of records kept by the register of deeds, that is ten centavos for each one hundred words.

For any kind of certificate on a declaration or statement, fifty centavos.

[2496-1.]

SECTION 221. Supervision Over Registers of Deeds. – In the exercise of all their powers, registers of deeds shall be subject to the supervision of the judges of first instance in their respective districts; and it shall be the duty of said judges to see that the records of said officers are neatly and securely kept and that their duties are otherwise properly performed. To this end the judges shall inspect the offices of registers of deeds and consult with them from time to time as occasion may require.

[496-124; 700-1 (4).]

SECTION 222. Reference of Doubtful Matter to Judge of Fourth Branch of Court of First Instance at Manila. – Where the register of deeds is in doubt with regard to the proper step to be taken or memorandum to be made in pursuance of any deed, mortgage, or other instrument presented for registration or where any party in interest does not agree with the register of deeds with reference to any such matter, the question shall be referred to the judge of the fourth branch of the Court of First Instance of the Ninth Judicial District either on the certificate of the register of deeds stating the question upon which he is in doubt or upon the suggestion in writing of the party in interest; and thereupon said judge, upon consideration of the matter as shown by the record certified to him, and in case of registered lands, after notice to the parties and hearing, shall enter an order prescribing the step to be taken or memorandum to be made.

[700-1 (4).]

SECTION 223. Discharge of Duties of Register in Case of Vacancy, etc. – Where no regular register of deeds shall have been appointed for any province, or in case of a vacancy in the office, or upon the occasion of the absence or disability of the register, the duties of register shall be performed by the following officials:

(a) For the city of Manila, by the chief or assistant chief of the General Land Registration Office.

(b) For the subprovince of Benguet, by the city treasurer of Baguio.

(c) For provinces in general, by the provincial fiscal or deputy provincial fiscal assigned exclusively to the particular province, and if there be none such, by the provincial treasurer, deputy provincial treasurer or other Government official designated by the Governor-General.

SECTION 224. Expenses of Office and Disposition of Fees. – All expenses incident to the office of a register of deeds shall be paid out of the treasury of the province or city to which the office in question pertains; and all fees collected therein shall accrue to the same treasury.

[1699-6; 2001-1.]

CHAPTER 11

Justices of Peace

ARTICLE I

Office of Justice of Peace

SECTION 235. Appointment and Distribution of Justices of Peace. – One justice of the peace and one auxiliary justice of the peace shall be appointed by the Governor-General for the city of Manila, the city of Baguio, and for each municipality, township, and municipal district in the Philippine Islands, and if the public interests shall so require, for any other minor political division or unorganized territory in said Islands.

[2041-1; 2184-1; 2409-2.]

With the approval of the Upper House of the Philippine Legislature, the territorial jurisdiction of any justice and auxiliary justice of the peace may be made to extend over any number of municipalities, townships, municipal districts, or other minor political divisions or places not included in the jurisdiction of a justice of the peace already appointed; and upon the recommendation of the Secretary of Finance and Justice, the Governor-General may, with the approval of the Upper House of the Philippine Legislature, combine the offices of justice of the peace for two or more such jurisdictions already established, and may appoint to the combined jurisdiction one justice of the peace and one auxiliary justice, at a salary not to exceed seventy-five per centum of the sum of the salaries of the combined positions. [2409-2.]

SECTION 236. Jurisdiction of Justice of Peace as Affected by Territorial Changes. – When a new political division affecting the territorial jurisdiction of a justice of the peace is formed or the boundaries limiting the same are changed, the Governor-General may, in the absence of special provision, designate which of the justices and auxiliary justices within the territory affected by the change shall continue in office; and the powers of any others therein shall cease.

[2441-1.]

SECTION 237. Oath of Office of Justice of Peace. – The oath of office of the justice of the peace shall be the same in substance as that prescribed for a judge of first instance. Said oath shall be filed with the clerk of the Court of First Instance in the province and shall be there preserved.

[136-7.]

SECTION 238. Tenure of Office. – A justice of the peace having the requisite legal qualifications shall hold office during good behavior unless his office be lawfully abolished or merged in the jurisdiction of some other justice.

[2041-1.]

SECTION 239. Qualifications for Office of Justice of Peace. – No person shall be eligible to appointment as justice of the peace or auxiliary justice unless he shall be (1) at least twenty-three years of age; (2) a citizen of the Philippine Islands or of the United States; (3) of good moral character; and (4) admitted by the Supreme Court to practice law, or be a person who has at least finished the courses of legal study in a recognized school, or shall have passed the civil-service examination for clerk of court, or an examination to be held in each province before a board composed of the judge of the Court of First Instance, the provincial fiscal, and a practicing lawyer appointed by the judge, under rules and regulations to be prescribed by the Attorney-General with the approval of the Secretary of Finance and Justice.

[2041-9; 2617.]

The duration of eligibility derived from examination before a board, as aforesaid, shall be for a period of four years only, from the date of examination, or if meanwhile the examinee has held the office of justice of the peace, auxiliary justice of the peace, notary public, or procurador judicial, for four years from the date on which he ceased to hold such office.

[2617-3.]

The examination requirement shall not be enforced in case the appointee is an officer of the United States Army or of the Philippine Government, or when there is no person having the necessary qualifications who is willing to accept the office. In this last-mentioned case the appointment shall continue only until such time as a qualified person can be found who is willing to accept the office.

[2041-9.]

In the future no person shall be appointed justice of the peace or auxiliary justice of the peace for the city of Manila or for any provincial capital who has not been admitted by the Supreme Court to practice law.

[2617.]

SECTION 240. Fee to be Paid by Examinee. – The applicant for examination for justice of the peace shall pay an examination fee of five pesos, to be collected by the clerk of the Court of First Instance.

[2041-9.]

SECTION 241. Fee of Examining Lawyer. – The lawyer appointed by the judge as a member of the board of examination shall be entitled to a compensation of twenty pesos for each day of actual service to be paid out of the appropriation for Courts of First Instance.

[2041-9.]

SECTION 242. Filling of Vacancy in Office of Justice of Peace. – When a vacancy occurs in the office of any justice of the peace, except in the city of Manila, the judge of the Court of First Instance of the district shall forward to the Governor-General a list of names of persons qualified to fill said vacancy, accompanied by all the applications presented by persons desirous of appointment. In making appointments from such list preference shall be given to any lawyer or justice of the peace of the province who may desire to transfer to another station and to any auxiliary justice of the peace whose record entitles him to promotion. However, the Governor-General, when he deems such course to be in the public interest, may appoint to the position any qualified person not included in the list and not an applicant for the place.

[2041-1.]

SECTION 243. Auxiliary Justice – Qualifications and Duties. – The auxiliary justice of the peace shall have the same qualifications and be subject to the same restrictions as the regular justice, and shall perform the duties of said office during any vacancy therein or in case of the absence of the regular justice from the municipality, or of his disability or disqualification, or in case of his death or resignation until the appointment and qualification of his successor, or in any cause whose immediate trial the regular justice shall certify to be specially urgent and which he is unable to try by reason of actual engagement in another trial.

[2041-7.]

In case there is no auxiliary justice of the peace to perform the duties of the regular justice in the cases above mentioned, the judge of the district shall designate the nearest justice of the peace of the province to act as justice of the peace in such municipality, town, or place, in which case the justice of the peace so designated shall have jurisdiction and shall receive seventy-five per centum of the sum of his salary and that of the justice of the peace whom he may substitute.

[2559.]

SECTION 244. Court Room and Supplies. – The municipalities and townships to which a justice of the peace pertains shall provide him with a room in the tribunal, or elsewhere in the center of population, suitable for holding court and shall supply the necessary furniture, lights, and janitor service therefor, and shall also provide him with such of the printed laws in force in the Philippine Islands as may be required for his official use. The similar expenses of maintaining the office of a justice of the peace appointed in unorganized territory shall be borne by the province.

Legal blanks and the dockets required by law, as well as the notarial seal to be used by the justice as ex officio notary public, shall be furnished by the Bureau of Justice.

[1627-28; Comp. 2244.]

SECTION 245. Clerks of Certain Courts. – The justice of the peace of Manila shall be allowed two clerks at the expense of said city. The justices of the peace of Iloilo and Cebu shall each be allowed two clerks at the expense of those respective municipalities.

[1741-2.]

The justices of the peace at the provincial capitals of Palawan and Batanes shall serve as clerks of the Court of First Instance in their provinces, without additional compensation.

[2617.]

ARTICLE II

Exercise of Functions of Justices of Peace

SECTION 246. Miscellaneous Powers of Justice of Peace. – A justice of the peace shall have power anywhere within his territorial jurisdiction to solemnize marriages, authenticate merchants’ books, administer oaths, and take depositions and acknowledgments; and in his capacity as ex officio notary public may perform any act within the competency of a notary public.

[2041-3.]

SECTION 247. Attendance at Court – Permission for Justice to Pursue Other Vocation. – A justice of the peace or auxiliary justice shall be present as often as the business of his court requires; and a justice of the peace shall be present at least once each business day at an appointed hour in his office or at the place where his court is held, but he may during his incumbency, with the permission of the judge of first instance of the district, pursue any other vocation or hold any other office or position.

No justice or auxiliary justice may act as the attorney for any party to a cause commenced in his court or elsewhere except by special permission of the said judge.

[1627-29.]

SECTION 248. Hearing of Cause at Place Other than Office of Justice of Peace. – Upon written request of both parties to a cause, a justice of the peace may hear the same at any suitable place in his jurisdiction; and in such case his necessary travel expense from his official station to the place of trial, and upon return therefrom, not exceeding two and one-half pesos per day in all, may be taxed as costs, but if the trial of more than one of such cases is requested in a particular locality, he shall arrange to try them as nearly as possible at the same time and place and shall divide the travel expense among them proportionately to the time consumed in the trial of each case.

[1627-28; Comp. 2244.]

SECTION 249. Service of Process of Justice of Peace. – The sheriff of the province shall serve or execute, or cause to be served and executed, all civil writs, processes, and orders issued by any justice of the peace in the province; and civil process, other than executions, may be served by any person designated by the justice for that purpose. Criminal process issued by a justice of the peace shall be served or executed by the president of the municipality or other local political division, by means of the local police, or in the city of Manila by the members of its police department; but such process may also be served or executed with equal effect by the sheriff.

Criminal process may be issued by a justice of the peace, to be served outside his province, when the judge of first instance of the district, or in his absence the provincial fiscal, shall certify that in his opinion the interests of justice require such service.

[1741-2; 1764-6.]

SECTION 250. Seal of Justice Acting as Notary Public. – The use of a seal of office shall not be necessary to the authentication of any paper, document, or record signed by a justice of the peace or emanating from his office except when he acts as notary public ex officio.

ARTICLE III

Justices of Peace Ex-Officio

SECTION 251. Appointment of Government Officers as Justices of Peace Ex Officio. – When in the opinion of the Governor-General the public interest shall so require, he may appoint any suitable person in the Government service to act in the capacity of justice of the peace ex officio, without additional compensation in any specially organized province or in any province of the Department of Mindanao and Sulu, with such territorial jurisdiction as shall be determined by resolution of the Upper House of the Philippine Legislature and stated in the commission issued to the appointee; provided such jurisdiction shall not extend to, or be hereafter exercised at any place within the jurisdiction of any duly appointed justice of the peace or auxiliary justice of the peace.

[955-4; 1396-24 (b); 1693-2, 3; 1816-1; 2091-2 (a); 2617.]

SECTION 252. Salaries of Justices of Peace. – Justices of the peace shall receive the following salaries per annum:

(a) In municipalities of the first class, nine hundred and sixty pesos.

(b) In municipalities of the second class, eight hundred and forty pesos.

(c) In municipalities of the third class, seven hundred and twenty pesos.

(d) In municipalities of the fourth class and other places not specially provided for by law, six hundred pesos:

Provided, however, That the salary of the justice of the peace of the city of Manila shall be three thousand six hundred pesos; of the justices of the peace at the capitals of the Provinces of Iloilo, Cebu, and Pangasinan, two thousand four hundred pesos; of the justices of the peace at the capitals of the Provinces of Albay, Ambos Camarines, Batangas, Bulacan, Ilocos Sur, Occidental Negros, Pampanga, and Tayabas, one thousand eight hundred pesos; of the justices of the peace at the capitals of the Provinces of Cagayan, Capiz, Cavite, Ilocos Norte, Laguna, Rizal, Samar, and Sorsogon, one thousand five hundred pesos; of the justices of the peace at the capitals of other regularly organized provinces and at the capitals of Mindoro, Palawan, and Batanes, one thousand two hundred pesos.

[2617-2.]

ARTICLE IV

Salaries, Compensation, and Fees

SECTION 253. Payment of Salaries of Justices of Peace. – In order to facilitate the payment of the salaries of justices of the peace in the provinces, the treasurer of the respective political division concerned shall advance the same monthly out of any proper available funds in their possession and such advances shall be reimbursed monthly from the Insular appropriation.

[136-71; 2041-6.]

SECTION 254. Compensation of Auxiliary Justice. – An auxiliary justice of the peace, when performing all the duties of a justice of the peace, shall receive the full compensation which would have accrued to the office of justice. In cases where the justice of the peace, without ceasing to act as justice, shall certify any cause to the auxiliary justice for trial, the latter shall receive compensation in an amount equivalent to the fees accruing in such cause, which amount shall be deducted from the salary of the regular justice.

[2041-7; Circ. 201, Prov. Div., Bur. Audits.]

When the auxiliary justice acts as substitute for the regular justice while the latter is absent on official business, the compensation of the auxiliary justice shall not be deducted from the salary of the justice.

[2131-3 (71).]

SECTION 255. Fees Collectible by Justice of Peace. – No fee, compensation, or reward of any sort, except such as is expressly prescribed and allowed by law, shall be collected or received for any service rendered by a justice of the peace or by any officer or employee of his court.

[136-73; 190-790 as amended by 2041-8; Comp., 2247.]

SECTION 256. Moneys Paid into Courts of Justices of Peace – By Whom to be Received. – All moneys accruing to the Government in courts of justices of the peace, including fees, fines, forfeitures, costs, or other miscellaneous receipts, and all trust or depository funds paid into such courts shall be received by the deputy provincial treasurer, or in the city of Manila by the Collector of Internal Revenue, for disposition according to law.

SECTION 257. Disposition of Government Moneys Derived from Courts of Justices of Peace. – Such of these moneys as accrue to the Government shall be turned over to the Collector of Internal Revenue, who shall have the administrative jurisdiction over such collections and shall pay the same into the Insular Treasury to the credit of the general funds of the Insular Government.

[2131-3 (71).]

SECTION 258. Monthly Report of Justice of Peace. – On the first of the month each justice of the peace shall submit to the receiving officer, upon forms prescribed by the Bureau of Audits, a detailed report of all official business transacted by him or in his court during the preceding month, such as marriages solemnized, actions begun, terminated, or pending in the court, together with an itemized statement of all fees and costs collected and for what service.

[1764-2; 2041-6.]

ARTICLE V

Supervision Over Justices of Peace

SECTION 259. Supervision of Judges of First Instance Over Justices of Peace – Annual Report of Justice. – The judge of the Court of First Instance shall at all times exercise supervision over the justices of the peace within his district, and shall keep himself informed of the manner in which they perform their duties, by personal inspection whenever possible, from reports which he may require from them, from cases appealed to his court, and from all other available sources. In proper cases he shall advise and instruct them whenever requested, or when occasion arises, and such justices of the peace shall apply to him and not the Attorney-General for advice and instruction, and any such inquiries received by the Attorney-General shall be referred by him to the judge of the proper district.

The justice of the peace shall, during the first five days of the fiscal year, forward to said judge of the district a report concerning the business done in his court for the previous year, upon forms to be prescribed by the Attorney-General with the approval of the Secretary of Finance and Justice.

Such report shall be filed in the office of the clerk of the Court of First Instance, and said judge of the district shall, with the assistance of said clerk, embody a summary of such reports for each province of his district, together with other matters of interest and importance relative to the administration of justice therein, particularly with reference to justice of the peace courts, in a brief report, which he shall forward as soon as possible after the close of the fiscal year to the Secretary of Finance and Justice.

[2041-2.]

SECTION 260. Suspension and Removal. – If at any time the judge of first instance has reason to believe that a justice of the peace is not performing his duties properly, or if complaints are made which, if true, would indicate that the justice is unfit for the office, he shall make such investigation of the same as the circumstances may seem to him to warrant, and may, for good cause, reprimand the justice, or may recommend to the Governor-General his removal from office, or his removal and disqualification from holding office and may suspend him from office pending action by the Governor-General. The Governor-General may, upon such recommendation or on his own motion, remove from office any justice of the peace or auxiliary justice of the peace.

[1627-32.]

SECTION 261. Final Disposition of Dockets. – When a justice of the peace shall die or resign or shall be removed from office or shall remove from the jurisdiction to which he was appointed, or when his office shall in any way become vacant, such justice of the peace, or his legal representative in case of his death, shall, within ten days thereafter, deliver his docket, process, papers, books, and all records relating to his office to the justice appointed to fill the vacancy or to the auxiliary justice of the same locality.

Where the documents and records aforesaid are delivered into the custody of the auxiliary justice of the peace, it shall be his duty, during the time he shall perform the duties of the office, safely to keep the same and to certify copies thereof whenever lawfully demanded; and upon the appointment and qualification of a justice of the peace to fill the vacancy, the said auxiliary justice shall deliver all the documents and records pertaining to the office in question to the new justice of the peace.

When any violation of this section comes to the knowledge of the judge of first instance having supervision over the office in question, it shall be his duty to issue a summary order for the delivery of the documents and records aforesaid, under penalty of contempt.

[190-71; 1702-3.]

CHAPTER 12

Notaries Public

PRELIMINARY ARTICLE

Title of Chapter

SECTION 265. Title of Chapter. – This chapter shall be known as the Notarial Law.

ARTICLE I

Appointment and Qualification of Notaries Public

SECTION 266. Appointment of Notaries Public. – Judges of Courts of First Instance in the respective provinces may appoint as many notaries public as the public good requires, and there shall be at least one for every municipality in each province. Notaries public in the city of Manila shall be appointed by the Supreme Court or, during vacation, by the Supreme Court judge assigned to vacation duty.

[136-82 as amended by 2387 and 2433; 1165-1.]

SECTION 267. Qualifications for Appointment. – To be eligible for appointment as notary public, a person must be a citizen of the Philippine Islands or of the United States, and over twenty-one years of age. He must, furthermore, be a person who has been admitted to the practice of law or who has completed and passed in the studies of law in a reputable university or school of law, or has passed the examination for the office of justice of the peace or clerk or deputy clerk of court, or be a person who has at some time held the office of clerk or deputy clerk of court for a period of not less than two years, or a person who had qualified for the office of notary public under Spanish sovereignty.

In the city of Manila and in the capitals of the provinces, where there are two or more lawyers appointed as notaries public, no person other than a lawyer or a person who had qualified to hold the office of notary public under the Spanish sovereignty shall hold said office.

In municipalities or townships wherein no persons reside having the qualifications herein before specified, or having them, refuse to hold such office, judges of first instance may appoint other persons temporarily to exercise the office of notary public who have the requisite qualifications of fitness and morality.

[2433-1.]

SECTION 268. Disqualification Incident to Conviction of Crime. – No person shall be appointed notary public who has been convicted of any crime implying moral turpitude.

[2433-1.]

SECTION 269. Restriction on Right of Certain Officials to Act as Notaries Public. – Municipal presidents and treasurers shall not act as notaries public while holding office in the capacities mentioned.

Justices of the peace and clerks of court shall not act as notaries public except in the character of notaries public ex officio.

[2433-1.]

SECTION 270. Where Oath of Office to be Preserved. – The oath of office of a notary public in a province shall be filed and preserved, together with the commission, in the office of the clerk of the Court of First Instance of the province. The oath of office of a notary public in the city of Manila shall be filed and preserved, with the commission, in the office of the clerk of the Supreme Court.

[136-84.]

SECTION 271. Form of Commission for Notary Public. – The appointment of a notary public shall be it writing, signed by the judge, and substantially in the following form:

GOVERNMENT OF THE PHILIPPINE ISLANDS,

Province of _________________________

This is to certify that ___________________, of the municipality of ______________ in said province, was, on the _______________ day of ___________, anno Domini nineteen hundred and ___________, appointed by me a notary public, within and for the said province, for the term ending on the first day of January, anno Domini nineteen hundred and _______.

___________________________ Judge of the Court of First Instance of said Province.

[136-83.]

SECTION 272. Certificate of Appointment to be Forwarded to Executive Secretary. – Clerks of Courts of First Instance shall make and forward to the Executive Secretary immediately after the commission and oath of office of any notary public are recorded in said clerk’s office a certificate of such appointment and the term of office of the appointee. A record shall be kept of all such certificates in the office of the Executive Secretary.

[136-85.]

SECTION 273. Term of Office. – The term of office of a notary public shall end at the expiration of the two-year period beginning upon the first day of January of the year in which the appointment is made.

[136-82.]

ARTICLE II

Jurisdiction and Powers

SECTION 274. Territorial Jurisdiction. – The jurisdiction of a notary public in a province shall be coextensive with the province. The jurisdiction of a notary public in the city of Manila shall be coextensive with said city. No notary shall possess authority to do any notarial act beyond the limits of his jurisdiction.

[136-82.]

SECTION 275. Powers of Notary Public. – Every notary public shall have power to administer all oaths and affirmations provided for by law, in all matters incident to his notarial office, and in the execution of affidavits, depositions, and other documents requiring an oath, and to receive the proof or acknowledgment of all writings relating to commerce or navigation, such as bills of sale, bottomries, mortgages, and hypothecations of ships, vessels, or boats, charter parties of affreightments, letters of attorney, deeds, mortgages, transfers and assignments of land or buildings, or an interest therein, and such other writings as are commonly proved or acknowledged before notaries; to act as magistrates, in the writing of affidavits or depositions, and to make declarations and certify the truth thereof under his seal of office, concerning all matters done by him by virtue of his office.

[136-83.]

ARTICLE III

Notaries Public Ex Officio

SECTION 276. Officers Acting as Notaries Public Ex Officio. – Except as otherwise specially provided, the following officials, and none other, shall be deemed to be notaries public ex officio, and as such they are authorized to perform, within the limits of their territorial jurisdiction as hereinbelow defined, all the duties appertaining to the office of notary public:

[162-1, 2; 496-9; 644-1; 742-1; 809-1 (a); 1862-1; 2041-3; 2131-1.]

(a) The chief of the division of archives, patents, copyrights, and trade-marks, the clerk of the Supreme Court, the clerk of the Court of First Instance of the Ninth Judicial District, and the chief of the General Land Registration Office, when acting within the limits of the city of Manila.

[162-1; 809-1 (a); 2347.]

(b) Clerks of Courts of First Instance outside of the city of Manila, when acting within the judicial districts to which they respectively pertain.

(c) Justices of the peace, within the limits of the territory over which their jurisdiction as justices of the peace extends; but auxiliary justices of the peace and other officers who are by law vested with the office of justice of the peace ex officio shall not, solely by reason of such authority, be also entitled to act in the capacity of notaries ex officio.

[2131-1.]

The authority conferred in subsections (a) and (b) hereof may, in the absence of the chief or clerk of court, be exercised by an assistant chief, acting chief, or deputy clerk of court pertaining to the office in question.

SECTION 277. Notary Public Ex Officio Required to Use Register. – No person shall do any act in the capacity of notary public ex officio in cases where full notarial authentication is required unless he shall have the prescribed notarial register; but the notarial acts of an assistant chief, acting chief, or deputy clerk shall be entered in the same register as would be used by his principal.

[136-87; 2035-2; 2244-1.]

ARTICLE IV

Notarial Seal

SECTION 278. Seal of Notary Public. – Every person appointed to the position of notary public shall have a seal of office, to be procured at his own expense, which shall be affixed to papers officially signed by him. It shall be of metal and shall have the name of the province and the words “Philippine Islands” and his own name engraved on the margin thereof, and the words “notary public” across the center. An impression of such seal directly on the paper or parchment on which the writing is had shall be as valid as if made on wax or wafer.

[906-1.]

In the case of the chief of the General Land Registration Office or other clerk of court acting as notary, public ex officio, it shall suffice to use the official seal of the court to which the officer in question pertains: other officials authorized to act as notaries public ex officio are not required to keep or use a seal, unless especially so prescribed by law.

ARTICLE V

Notarial Register

SECTION 279. Notarial Register. – Every notary public shall keep a register to be known as the notarial register, wherein record shall be made of all his official acts as notary; and he shall supply a certified copy of such record, or any part thereof, to any person applying for it and paying the legal fees therefor.

[2035-1.]

Such register shall be kept in books to be furnished by the Attorney-General to any notary public upon request, and upon payment of the actual cost thereof but officers exercising the functions of notaries public ex officio shall be supplied with the register at Government expense. The register shall be duly paged, and on the first page the Attorney-General shall certify the number of pages of which the book consists.

[2387-3.]

SECTION 280. Matters to be Entered Therein. – The notary public shall enter in such register, in chronological order, the nature of each instrument executed, sworn to, or acknowledged before him, the person executing, swearing to, or acknowledging the instrument, the witnesses, if any, to the signature, the date of the execution, oath, or acknowledgment of the instrument, the fees collected by him for his services as notary in connection therewith, and, when the instrument is a contract, he shall keep a correct copy thereof as part of his records, and shall likewise enter in said records a brief description of the substance thereof, and shall give to each entry a consecutive number, beginning with number one in each calendar year. The notary shall give to each instrument executed, sworn to, or acknowledged before him a number corresponding to the one in his register, and shall also state on the instrument the page or pages of his register on which the same is recorded. No blank line shall be left between entries.

[2387-3.]

When a notary public shall protest any draft, bill of exchange, or promissory note, he shall make a full and true record in his notarial register of all his proceedings in relation thereto, and shall note therein whether the demand for the sum of money therein mentioned was made, of whom, when, and where; whether he presented such draft, bill, or note; whether notices were given, to whom, and in what manner; where the same was made, and when, and to whom, and where directed; and of every other fact touching the same.

[136-89.]

At the end of each week the notary shall certify in his register the number of instruments executed, sworn to, acknowledged, or protested before him; or if none such, the certificate shall show this fact.

[2387-3.]

SECTION 281. Disposition of Notarial Register. – Immediately upon his notarial register being filled, and also within fifteen days after the expiration of his commission, unless reappointed, the notary public shall forward his notarial register to the clerk of the Court of First Instance of the province or of the city of Manila, as the case may be, wherein he exercises his office, who shall examine the same and report thereon to the judge of the Court of First Instance. If the judge finds that no irregularity has been committed in the keeping of the register, he shall forward the same to the chief of the division of archives, patents, copyrights, and trade-marks of the Executive Bureau. In case the judge finds that irregularities have been committed in the keeping of the register, he shall refer the matter to the fiscal of the province – and in the city of Manila, to the prosecuting attorney – for action, and the sending of the register to the chief of the division of archives, patents, copyrights, and trade-marks of the Executive Bureau shall be deferred until the termination of the case against the notary public.

[2244-1.]

ARTICLE VI

Supervisory Authority of Judges Over Notaries Public

SECTION 282. Supervision of Judges of First Instance Over Notaries Public. – The judge of the Court of First Instance in each judicial district shall at all times exercise supervision over the notaries public within his district and shall keep himself informed of the manner in which they perform their duties by personal inspection wherever possible, or from reports which he may require from them, or from any other available source.

[2035-2 (92).]

In the city of Manila such supervision shall be exercised by one of the judges of the Court of First Instance of the Ninth Judicial District to be thereunto assigned by the judges of the four branches of said court.

[2347.]

SECTION 283. Grounds for Revocation of Commission. – The following derelictions of duty on the part of a notary public shall, in the discretion of the proper judge of first instance, be sufficient ground for the revocation of his commission:

[136-82; 876-1; 2035-1 (87, par. 5), 2; 2244-1.]

(a) The failure of the notary to keep a notarial register.

(b) The failure of the notary to make the proper entry or entries in his notarial register touching his notarial acts in the manner required by law.

[2035-1 (87, par. 5).]

(c) The failure of the notary to affix to acknowledgments the date of expiration of his commission, as required by law.

[136-90.]

(d) The failure of the notary to forward his notarial register, when filled, to the proper clerk of court.

[2244-1.]

(e) The failure of the notary to make the proper notation regarding cedula certificates.

[876-1.]

(f) The failure of a notary to make report, within a reasonable time, to the proper judge of first instance concerning the performance of his duties, as may be required by such judge.

[2035-2.]

(g) Any other dereliction or act which shall appear to the judge to constitute good cause for removal.

ARTICLE VII

Miscellaneous Provisions

SECTION 284. Affixing Date of Expiration of Commission. – Notaries public shall affix to all acknowledgments taken and certified by them, according to law, a statement of the date on which their commissions expire.

[136-90.]

SECTION 285. Requirement as to Notation of Payment of Cedula Tax. – Every contract, deed, or other document acknowledged before a notary public shall have certified thereon that the parties thereto have presented their proper cedula certificates or are exempt from the cedula tax, and there shall be entered by the notary public as a part of such certification the number, place of issue, and date of each cedula certificate as aforesaid.

[867-1.]

SECTION 286. Compensation of Notaries Public. – No fee, compensation, or reward of any sort, except such as is expressly prescribed and allowed by law, shall be collected or received for any service rendered by a notary public. Such moneys collected by notaries public proper shall belong to them personally. Officers acting as notaries public ex officio shall charge for their services the fees prescribed by law and account therefor as for Government funds.

[216-2; 867-28; 2035-3.]

TITLE V

Government Service and Employment in General, to which are Added Various Laws of General Application

CHAPTER 13

Provisions Common to Various Bureaus and Offices

ARTICLE I

Bureau Organization

SECTION 290. Seal of Bureau. – The respective Bureaus shall keep appropriate seals, with which shall be sealed all commissions, records, transcripts, and other documents requiring authentication.

SECTION 291. Powers and Duties of Chiefs of Bureaus. – The Director or other chief official in each Bureau or Office shall exercise the functions of chief executive and administrative officer thereof. It shall be his duty, under the supervision of the proper Department head, to exercise general authority in all matters embraced within the jurisdiction of the Bureau or relating to the operation thereof and to see to the enforcement of all laws and regulations pertaining to it.

For administrative purposes, a Bureau chief may, consistently with law, distribute the work of his Bureau among such permanent divisions and sections as may be deemed advisable; and he shall define the duties of his subordinates in so far as may be desirable for the efficiency of the service.

SECTION 292. Authority to Prescribe Forms and Make Regulations. – Every chief of Bureau shall prescribe forms and make regulations or general orders, not inconsistent with law, to secure the harmonious and efficient administration of his branch of the service and to carry into full effect the laws relating to matters within the jurisdiction of his Bureau; but penalties shall not be prescribed in any such regulations or orders for violation thereof except as expressly allowed by law.

Regulations and orders shall become effective only when approved by the Department head and published in the Official Gazette or otherwise publicly promulgated. Formal approval or publication shall not be necessary as regards circulars of information or instructions for the guidance of officers and employees in the internal administration of the affairs of the Bureau.

All general orders issued by a Bureau chief shall be serially numbered. Such orders shall be called administrative orders and they shall be so entitled.

SECTION 293. Officials and Subordinates of Bureaus and Offices in General. – The officials and subordinates of each of the several Departments, Bureaus, Offices, and branches of the service shall consist of such as are specified in this Code and of such other assistants, clerks, employees, and agents as may, in each case, be essential to the proper accomplishment of the work required to be done and available within the limits of appropriated funds.

[222-6; 1407-35.]

SECTION 294. Authority of Bureau Chief to Employ and Discharge Subordinates. – Laborers receiving compensation at a rate of seven hundred and twenty pesos or less per annum and other employees receiving compensation at the rate of two hundred and forty pesos or less per annum shall be employed and discharged by the chief of Bureau or Office, subject only to the general control of the Department head.

Other subordinates and employees shall be employed and discharged by the chief of Bureau or Office and, except as otherwise specially provided, in conformity with the provisions of the Civil Service Law.

[1698-1.]

SECTION 295. Duties of Assistants and Other Subordinates. – Assistant chiefs and other subordinates in every Bureau, Office, and branch of the service shall, respectively, perform therein such duties as may be required of them by law or regulation or as may be specified by the chief or head of the office or other person in lawful authority over them.

The circumstance that the duties of any subordinate officer or employee are specified by law shall not, in the absence of special restriction, be understood to prevent his being assigned to additional duties by proper authority, when not inconsistent with the performance of the duties imposed by law.

SECTION 296. Acting Chief of Bureau. – The assistant chief shall serve as acting chief during the absence or disability of the chief of a Bureau. If there be more than one assistant chief of equal rank, the Department head shall designate the particular one to supply the place in question, in the absence of special provision therefor. If there be no assistant chief, the Department head may designate any officer or employee of the Bureau or other officer in the service as such acting chief; and for the good of the service any officer or employee of the Bureau or other officer in the service may be so assigned even though there should be an assistant chief.

[1407-37; 1698-15.]

SECTION 297. Designation of Acting Head of Office by Governor-General. – During the temporary absence or disability of the head of any Office or branch of the service, not in or subordinate to a Bureau, the Governor-General may, in the absence of special provision, designate any officer or employee to fill his place.

[See 1698-15.]

SECTION 298. Performance of Duties of Subordinate Officers Temporarily Absent. – In case of the temporary absence or disability of any subordinate officer or employee in any Bureau or Office, the chief of such Bureau or Office may, in the absence of special provision, designate any other subordinate officer or employee in his Bureau or Office temporarily to perform the duties of the person thus absent or disabled, or he may temporarily perform such duties himself.

[1698-15; Comp., 696.]

SECTION 299. Filling of Vacancies. – Vacancies caused by the death, resignation, or removal of any officer or subordinate may be temporarily supplied in the same manner as in case of absence or disability. Such vacancies shall not be filled by permanent appointment until the expiration of any leave allowable to the predecessor, unless the Governor-General or proper head of Department is of the opinion that the exigencies of the service require that the appointment be made forthwith.

[1698-15, 27.]

SECTION 300. Filling of Vacancy by Appointment of Person or Persons in Lower Grade. – With the prior approval of the Governor-General or proper head of Department, a vacancy in a position of any grade may be filled by the appointment of one person or more of a lower grade; but in such case the aggregate of salaries paid shall not be greater than the salary authorized by law for that position.

[1698-18.]

SECTION 301. Bonds Required of Private Persons – Duties of Bureau Chief in Respect Thereto. – The chief of each Bureau shall, consistently with law, prescribe the form and fix the amount of all bonds executed by private parties to the Government under the laws pertaining to his Bureau and shall pass on the sufficiency of the security and retain possession of the bond.

When it appears that any such bond is risky or insufficient, such chief may require better security, and after notice to the party concerned, and upon his failure within a reasonable time to give better security, or additional security, may abrogate the privileges secured by the giving of the bond, but such action shall be without prejudice to the liability of any person or property already obligated.

SECTION 302. Contract for Transportation Equipment Belonging to Employee – Loan for Purchase of Equipment. – Subject to restriction and regulation by executive order the chiefs of Bureaus may, in the absence of other adequate transportation equipment, enter into contracts with employees for the use by the latter, respectively, on official business, of transportation equipment owned by them, at a rental to be paid from the transportation-expense funds of the Bureau in question; but no allowance hereunder shall be in excess of twenty pesos per month in the case of a horse, or thirty pesos per month in the case of motor vehicles or vessels. When the nature of the official duties of any such employee justifies the permanent assignment to him of transportation equipment for his official use, he may, in the absence of other suitable means of transportation and with the prior approval of the proper head of Department, be loaned from the same funds an amount sufficient to purchase the necessary means of transportation, not to exceed four hundred pesos for an American horse or motor vehicle and two hundred pesos for a native horse, such loan to be repaid to the Government in monthly installments of not less than ten per centum of the amount loaned.

ARTICLE II

Hours of Labor

SECTION 303. Legal Hours of Labor – Minimum Requirement. – The chiefs of Bureaus and Offices in every branch of the Government service shall require of all employees, of whatever grade or class, not less than the legal number of hours of labor.

Such hours, except for schools and courts, shall be as prescribed in the Civil Service Rules and as otherwise from time to time disposed in temporary executive orders, in the discretion of the Governor-General; but save on Saturday and during the heated season they shall not be less than six and one-half hours per day, not including time for lunch.

[1698-22; 1881-1.]

SECTION 304. Government Employees not Required to Work on Holidays. – Upon holidays the schools, courts, and the various Departments, Bureaus, and Offices pertaining to the administration of the Insular, provincial, and municipal governments shall be closed; and on such days attendance or labor shall not be required of employees, except as otherwise provided.

SECTION 305. On Saturdays and During Heated Season. – On Saturdays throughout the year and on all days during the heated season, from April first to June fifteenth, inclusive, the period of labor may be reduced to five continuous hours; but an executive order so disposing shall not oblige the head of any Department, Bureau, or Office so to reduce the hours of labor in his branch of work, but shall leave the same in his discretion subject to the requirements of the service.

[1881-1.]

SECTION 306. Temporary Suspension of Labor for Special Reasons. – The Governor-General may, for special reasons only, direct that any Department, Bureau, or Office be closed during any particular day, or for part of a day, as occasion requires.

SECTION 307. Extension of Hours and Requirement of Overtime Work. – When the interests of the public service so require, the head of any Department, Bureau, or Office may extend the daily hours of labor, in what manner soever fixed, for any or all of the employees under him, and may likewise require any or all of them to do overtime work not only on work days but also on holidays.

[1881-1.]

ARTICLE III

Officials Authorized to Execute Government Conveyances and Contracts

SECTION 308. Authority of Governor-General to Execute Conveyances and Contracts Relating to Real Property. – When the Government of the Philippine Islands is party to a deed or any instrument conveying the title of real property or is party to any lease or other contract relating to real property belonging to said Government, said deed, instrument, or contract shall be executed on behalf of said Government by the Governor-General, unless authority to execute the same is by law expressly vested in some other officer.

[1705-1.]

SECTION 309. Authority of Insular Officials to Make Contracts. – Written contracts not within the purview of the preceding section shall, in the absence of special provision, be executed, with the approval of the proper Department head, by the chief of the Bureau or Office having control of the appropriation against which the contract would create a charge; or if there be no such chief, by the proper Department head himself or the Governor-General, as the case may require.

Contracts on behalf of the Insular Government with companies operating vessels engaged in the coastwise trade to secure the carriage of freight and passengers for the Government shall be executed by the Secretary of Commerce and Police, subject to such restrictions as may be prescribed by law; but vessels engaged in the coastwise trade and vessels plying between Philippine ports shall continue to carry mail free.

ARTICLE IV

Gratuitous Conveyance of Government Property for Certain Purposes

SECTION 310. Conveyance of Government Property to Province, City, or Municipality. – When real property belonging to the Government of the Philippine Islands is needed for school purposes or other proper governmental use by the province, city, municipality, or other local political division wherein the property is situated, it shall be competent for the Governor-General to execute to such province, city, municipality, or other local political division a proper conveyance thereof by way of gift, sale, lease, exchange, or otherwise, and upon such terms, to be inserted in the instrument of conveyance, as shall seem to him most convenient for the interests of the parties concerned. But nothing herein shall be deemed to authorize the conveyance of unreserved public land, friar land, or any other real property held by the Government of the Philippine Islands upon special trust.

[1813-1; 1890.]

SECTION 311. Conveyance of Provincial Property to Other Branches of Government. – When real property belonging to any province is needed for school purposes or other proper governmental use by the Government of the Philippine Islands or by any government of a municipality or other local political division wherein the property is situated, it shall be competent for the provincial board, by resolution, to authorize the governor of the province to convey the same in due form to said Government, municipality, or other division, as the case may be; and such conveyance may be made without consideration, if the board shall so determine.

[1492-1.]

SECTION 312. Conveyance of Municipal Property to Other Branches of Government. – When real property belonging to any municipality, township, or other local political division, is needed for school purposes or other governmental use by the Government of the Philippine Islands or by the government of the province wherein the property is situated, it shall be competent for the council of the municipality or other local division, by resolution, to authorize the conveyance of said property in due form to said Government or province, as the case may be; and such conveyance may be made without consideration, if the council shall so determine.

[1492-2.]

ARTICLE V

Miscellaneous Receipts of Bureaus and Offices

SECTION 313. Charges for Property Sold or Service Rendered – Refunds. – For services not required by law to be rendered without charge, for supplies furnished, or articles of any kind sold to other branches of the Government, or to any person or persons, the chief of a Bureau or Office may, upon the approval of the proper head of Department, charge and collect the cost of the same, or such other rate in excess of cost as may be prescribed by law or approved by the same authority. For cities, organized under special charters, such rate, unless otherwise prescribed by law, shall be fixed at cost or in excess of cost by the boards or councils of said cities; and in the case of the provinces, municipalities, townships, and settlements, by the proper provincial treasurers, with the approval of the respective provincial boards.

[1679-9, 10; 1792-66; 1873-5; Comp., 721.]

Upon the submission of facts warranting such action and consistently with good business practice, the authorities which fix the amounts to be paid for services rendered and supplies or articles furnished or sold, in accordance with the foregoing, may recommend that the whole or part of any sum so paid be refunded, and the same shall thereupon be done, upon the approval of the Insular Auditor.

[1679-11.]

SECTION 314. Disposition of Miscellaneous Bureau Receipts. – Money collected for property thus sold or service rendered, and all other receipts or earnings of Bureaus, Offices, and branches of the Insular service, not being revenue or the proceeds of taxation, shall accrue, in the absence of special provision, to the general unappropriated surplus of the Insular Government.

[2319-4.]

In case of the provinces, municipalities, townships, settlements, and cities incorporated under special charters, such receipts shall be paid into their respective treasuries as are their other treasury funds and shall be expendable in the same manner.

[174-1; 1679-10; 1873-5.]

ARTICLE VI

Official Reports

SECTION 315. Annual Report of Chiefs of Bureaus and Heads of Offices. – All provincial governors and the Municipal Board of the city of Manila, and all chiefs of Bureaus and heads of Offices of the Insular Government shall severally render annual reports to their respective heads of Department for each fiscal year. Such reports shall be typewritten but shall not be printed unless by specific approval of the Governor-General. Official copies of all such reports and statements shall be filed in English and Spanish by the Executive Secretary with the Philippine Legislature at the beginning of each regular session.

[2305-2; 2355-1.]

SECTION 316. Time for Submission of Annual Reports. – Except as otherwise specially provided, all reports and statements covering the fiscal year required to be rendered annually by any officer of the Government of the Philippine Islands or of any branch thereof or of the government of any political division or subdivision of the Philippine Islands, shall be rendered as soon as practicable after the first of January of each year.

[2305-2.]

SECTION 317. Form and Contents of Reports in General. – The following general rules shall be observed in regard to the form and contents of annual reports:

(a) Such report shall generally contain concise statements of the work of the Bureau or Office concerned and expenditures incurred in the prosecution of the same during the fiscal year, to which shall be added recommendations as to the future, including plans for specific work to be undertaken, if such there be.

(b) Financial reports contained in the annual reports shall be compared and brought into agreement with the Auditor’s books.

[Ex. Or. 48 (1909).]

(c) In addition, the report shall contain in each case the matter specifically required by law or regulation to be incorporated therein.

SECTION 318. Special Reports Required by Department Head. – Each chief of Bureau or other officer of the Government shall make such special reports concerning the work of his Bureau or Office as may from time to time be required of him by the Governor-General or proper head of Department.

SECTION 319. Submission of Annual Estimates. – At least thirty days before the opening of each regular session of the Philippine Legislature, each chief of Bureau or head of Office of the Insular Government shall file with the Executive Secretary a statement of the receipts and expenditures of his Bureau or Office during the year and an estimate of the receipts and necessary expenditures thereof for the ensuing fiscal year, including any other details which the Governor-General may require.

[2386-1.]

Such reports shall be made in English and Spanish upon forms prescribed by the Executive Secretary.

[2386-3.]

ARTICLE VII

Miscellaneous Provisions

SECTION 320. Inhibition Against Purchase of Property at Tax Sale. – Officials and employees of the Government of the Philippine Islands are prohibited from purchasing, directly or indirectly, from the Government, any property sold by the Government for the nonpayment of any public tax. Any such purchase by a public official or employee shall be void.

[1920-1, 2.]

SECTION 321. Powers Incidental to Taking of Testimony. – When authority to take testimony or evidence is conferred upon an administrative officer or upon any nonjudicial person, committee, or other body, such authority shall be understood to comprehend the right to administer oaths and summon witnesses and shall include authority to require the production of documents under a subpoena duces tecum or otherwise, subject in all respects to the same restrictions and qualifications as apply in judicial proceedings of a similar character.

Any one who, without lawful excuse, fails to appear upon summons issued under the authority of the preceding paragraph or who, appearing before any individual or body exercising the power therein defined, refuses to make oath, give testimony, or produce documents for inspection, when thereunto lawfully required, shall be subject to discipline as in case of contempt of court and upon application of the individual or body exercising the power in question shall be dealt with by the judge of first instance having jurisdiction of the case in the manner provided by law.

CHAPTER 14

Salary Law

PRELIMINARY ARTICLE

Title of Chapter

SECTION 325. Title of Chapter. – This chapter shall be known as the Salary Law.

ARTICLE I

Salaries and Compensation in General

SECTION 326. Salary of Official Determined by Appropriation. – A statute fixing the salary of a Government officer or employee at a definite amount shall, in the absence of special provision, be deemed to be repealed, so far as relates to the amount of such salary, by any subsequent appropriation Act making a different definite sum available therefor.

[See 2319-1 (last par.).]

SECTION 327. Pay of United States Officer Detailed for Duty in Philippine Service. – An officer of the United States Army or Navy, when detailed to perform the duties of an office under the Insular Government, shall receive in lieu of the salary authorized for said office the difference between the pay actually received by him from the Army or Navy during said detail and the amount of said salary.

[1407-39.]

SECTION 328. Division of Annual Salary into Fractional Parts. – All annual salaries shall be divided into twelve equal installments, one of which shall be the pay for each calendar month; and in making payment for part of a month the amount to be paid for each day shall be determined by dividing the monthly pay into as many parts as there are days in the particular month.

SECTION 329. When Salary Begins to Accrue. – Unless otherwise specially provided by law, the salary of any person appointed to a position in the Philippine service shall begin on the day he enters upon the discharge of the duties of his position.

SECTION 330. Date of Taking Effect of Appointments and Promotions. – Where a new position is created or the salary of an existing position is increased, appointment to such new position or promotion to the increased salary shall not be effective, unless expressly so provided, prior to the enactment of the law creating the new position or authorizing the higher salary; and aside from exceptional cases, approved as such by the proper head of Department, an appointment or promotion shall not be effective as of a date prior to that upon which the appointment or promotion is actually made.

[Com. Res., July 27, 1906.]

SECTION 331. Salary of Employee Transferred to Other Branch of Service. – When an employee stationed in the Philippine Islands is transferred from one branch of the Government service to another, and a change of station is thereby rendered necessary, the salary incident to his new position shall begin when he leaves his former station, provided he travels to his new destination in ordinary course; otherwise he shall be allowed such salary prior to arrival at his new destination for such time only as is ordinarily consumed in travel between the places in question.

[1509-4.]

SECTION 332. Inhibition Against Payment of Extra Compensation. – In the absence of special provision, persons regularly and permanently appointed under the Civil Service Law or whose salary, wages, or emoluments are fixed by law or regulation shall not, for any service rendered or labor done by them on holidays or for other overtime work, receive or be paid any additional compensation; nor, in the absence of special provision, shall any officer or employee in any branch of the Government service receive additional compensation on account of the discharge of duties pertaining to the position of another or for the performance of any public service whatever, whether such service is rendered voluntarily or is exacted of him under authority of law.

[148-2, 3; 1881-1; Ex. Or. 11 (1911).]

SECTION 333. Payment of Salary Accruing Pending Suspension. – When the chief of a Bureau or Office suspends a subordinate officer or employee from duty, the person suspended shall not receive pay during suspension unless the Department head shall so order; but upon subsequent reinstatement of the suspended person or upon his exoneration, if death should render reinstatement impossible, any salary so withheld shall be paid, but without prejudice to the application of the disciplinary provisions of section seven hundred and thirty hereof.

[1698-16.]

In case of a person suspended by the Governor-General or Secretary of War, no salary shall be paid during suspension unless so provided in the order of suspension; but upon subsequent reinstatement or exoneration of the suspended person, any salary so withheld may be paid in whole or in part, at the discretion of the officer by whom the suspension was effected.

SECTION 334. Extra Compensation for Substitutionary Service. – In case of the temporary absence or disability of the chief of any Bureau or Office, without pay, or in cases of a vacancy in such position, the Department head or person making temporary appointment may, in his discretion, order the payment of additional compensation to the substitute who acts or is designated temporarily to supply the place, which compensation with his existing salary shall not exceed the salary authorized by law for the position filled.

[1698-15.]

A person who serves as acting chief of a Bureau or Office during the suspension of the chief may also be paid additional compensation in the same manner, if upon the final disposition of the matter of such suspension, the full salary is not paid to the officer who was suspended.

SECTION 335. Payment of Money Due to Deceased Employee. – Where money is due to the estate of a deceased officer or employee for salary or compensation incident to leave, the same may be paid to the person or persons whom the Attorney-General shall certify to the Insular Auditor as lawfully entitled thereto; but such payment shall be without prejudice to the right of any person claiming said sum, or a part thereof, subsequently to proceed by action in court against the person or persons who may have received the same.

[1041-1.]

ARTICLE II

Salaries of Appointees from United States

SECTION 336. Salaries of Appointees from United States. – A person residing in the United States who is appointed to a position in the Philippine civil service shall receive full salary from the date of his arrival in the Islands; and he shall receive half salary from the date of his embarkation (or in case of a judge of a court, from the date of his leaving home to come to Manila) until the date of his arrival, provided he proceeds directly to the Islands by the route indicated for him, otherwise for such time only as is ordinarily required to perform the journey by that route.

[867-1; 1698-29 (b); 1747-1.]

Except in the case of judges of courts, the half salary earned en route shall not be paid until after two years of satisfactory service in the Islands, unless prior thereto the appointee dies or is involuntarily separated from the service without fault.

[1698-29.]

SECTION 337. Half Salary Upon Retirement. – A regularly appointed officer or employee, not being a judge of a court, who has come to the Islands upon appointment from the United States, and who has rendered continuous, faithful, and satisfactory service for three years or more after arrival in the Philippine Islands, shall, upon his retirement from the service, be allowed half salary for thirty days in addition to full salary for the period which may be granted him as leave of absence.

If appointed prior to January twelfth, nineteen hundred and four, such person shall also be furnished transportation from Manila to San Francisco or transportation of equal cost to the Government by any other route; but the transportation must be used within six months after retirement from the service.

[1698-29 (d).]

ARTICLE III

Scale of Salaries

SECTION 338. Scale of Salaries Received by Government Employees. – As regards salaries, employees in the Philippine service shall be arranged in grades according to the following scale; and in this schedule compensation at a stated rate refers not only to compensation paid at such rate for the whole or any part of the year but also to a salary fixed at so much per annum:

Grade 1. Persons receiving compensation at the rate of six thousand pesos or more per annum.

Grade 2. Persons receiving compensation at the rate of five thousand five hundred pesos or more, but less than six thousand pesos per annum.

Grade 3. Persons receiving compensation at the rate of five thousand pesos or more, but less than five thousand five hundred pesos per annum.

Grade 4. Persons receiving compensation at the rate of four thousand five hundred pesos or more, but less than five thousand pesos per annum.

Grade 5. Persons receiving compensation at the rate of four thousand pesos or more, but less than four thousand five hundred pesos per annum.

Grade 6. Persons receiving compensation at the rate of three thousand six hundred pesos or more, but less than four thousand pesos per annum.

Grade 7. Persons receiving compensation at the rate of three thousand two hundred pesos or more, but less than three thousand six hundred pesos per annum.

Grade 8. Persons receiving compensation at the rate of two thousand eight hundred pesos or more, but less than three thousand two hundred pesos per annum.

Grade 9. Persons receiving compensation at the rate of two thousand four hundred pesos or more, but less than two thousand eight hundred pesos per annum.

Grade 10. Persons receiving compensation at the rate of two thousand pesos or more, but less than two thousand four hundred pesos per annum.

Grade A. Persons receiving compensation at the rate of one thousand eight hundred pesos or more, but less than two thousand pesos per annum.

Grade B. Persons receiving compensation at the rate of one thousand six hundred and eighty pesos or more, but less than one thousand eight hundred pesos per annum.

Grade C. Persons receiving compensation at the rate of one thousand four hundred and forty pesos or more, but less than one thousand six hundred and eighty pesos per annum.

Grade D. Persons receiving compensation at the rate of one thousand two hundred pesos or more, but less than one thousand four hundred and forty pesos per annum.

Grade E. Persons receiving compensation at the rate of one thousand and eighty pesos or more, but less than one thousand two hundred pesos per annum.

Grade F. Persons receiving compensation at the rate of nine hundred and sixty pesos or more, but less than one thousand and eighty pesos per annum.

Grade G. Persons receiving compensation at the rate of eight hundred and forty pesos or more, but less than nine hundred and sixty pesos per annum.

Grade H. Persons receiving compensation at the rate of seven hundred and twenty pesos or more, but less than eight hundred and forty pesos per annum.

Grade I. Persons receiving compensation at the rate of six hundred pesos or more, but less than seven hundred and twenty pesos per annum.

Grade J. Persons receiving compensation at the rate of four hundred and eighty pesos or more, but less than six hundred pesos per annum.

Grade K. Persons receiving compensation at the rate of less than four hundred and eighty pesos per annum.

[1698-13.]

SECTION 339. Minimum Salary Payable in Absence of Specific Authority. – A position designated in an Appropriation Act as belonging to a particular grade, without indication of any specific salary, shall carry the minimum salary prescribed for persons of that grade.

[1698-13.]

SECTION 340. Attendance of Government Employee in Certain Proceedings. – When a Government employee is required to attend court as a witness or is required by lawful authority to render service as a witness or otherwise before a court-martial or in any extradition case or administrative proceeding of any sort, such service shall be deemed to be service in regular course of employment, and the salary accruing during the period thereof shall not be withheld.

CHAPTER 15

Leave Law

PRELIMINARY ARTICLE

Title of Chapter

SECTION 345. Title of Chapter. – This chapter shall be known as the Leave Law.

ARTICLE I

Leave of Judges

SECTION 346. Leave of Absence of Judges of Supreme Court. – During vacation of the Supreme Court, the judges not assigned to vacation duty shall be upon vacation leave; and if no court vacation is declared for any year each of the judges shall become entitled to three months’ leave in lieu of court vacation.

Each judge of the Supreme Court shall also be entitled to additional leave for a period equivalent to one-twelfth of the time of his service on the court.

[2128-5, 8; Comp., 2164.]

SECTION 347. Accumulation of Leave. – Additional leave and leave in lieu of court vacation, if not taken in whole or in part as the same accrue, shall be allowed to accumulate; but the total amount of leave to the credit of a judge at any one time shall not exceed one year, any excess being forfeited.

SECTION 348. Approval of Leave. – The right of the (judges) justices of the Supreme Court to leave of absence may be exercised by them subject only to approval in such manner as the court by resolution may direct, provided all such leaves of absence shall be so arranged as never to deprive the court of a quorum during its regular sessions.

SECTION 349. Leave of Absence of Judges of First Instance. – During the yearly court vacation the judges and auxiliary judges of first instance not specially assigned to vacation duty shall be upon vacation leave.

In every third year dating from the commencement of his service each judge and auxiliary judge of first instance may be granted extended leave for three months in addition to the court vacation to which he may be entitled during that year, making a total of five months leave.

[Comp., 2164.]

When a person is appointed to the position of judge or auxiliary judge of first instance from some other branch of the Philippine service to which leave is incident, any period of prior service in respect to which no leave has been enjoyed by him shall, for the purpose of determining when he may be allowed to go upon extended leave, be deemed to be time of judicial service.

[1598-1.]

SECTION 350. How Leave May be Taken. – The five months extended leave of a judge or auxiliary judge of first instance shall be assigned to him by the Secretary of Finance and Justice, and with the consent of said Secretary, may be taken at any time during the year, without including the court vacation, provided the judge enjoying the same shall have been assigned for duty during the part or whole of the court vacation not included in the leave granted. Extended leave beginning in the latter part of any year may run to conclusion in the succeeding year, and the Secretary of Finance and Justice may, in any case, postpone the extra three months from one year to the next, if this is required by the exigencies of the service.

If any judge should serve for five and one-half years or more without enjoying extended leave, he may be allowed leave for eight months if, in the opinion of the Secretary of Finance and Justice, the exigencies of the service permit, but in such case the period of leave granted must embrace the full period of a regular court vacation.

Any officer appointed to a position carrying accrued leave from a position carrying judges’ leave shall be allowed accrued leave for the period of actual service during which extended leave has not been enjoyed by him, subject to the same limitations as are applicable generally to accrued leave.

[867-1; 1153-1 (j); 2209-1.]

SECTION 351. Commutation of Salary. – When a judge of any court goes abroad upon extended leave taken under this chapter, the salary incident to the period of such leave may be paid before departure; but when a judge who has served more than two and less than three years is granted such leave, no payment for the time in excess of the ordinary court vacation shall be made until he returns to duty and completes three years of service. For the purposes hereof, the service of a judge appointed from the United States shall be deemed to begin thirty days before he arrives in the Islands ready for duty.

[1598-1.]

ARTICLE II

Teacher’s Leave

SECTION 352. Vacation and Leave of Teachers. – Persons in the teaching service other than such as are designated for continuous duty shall be entitled to teachers’ vacation; and upon the approval of the Secretary of Public Instruction such persons may, not oftener than once in three years, be granted extended leave on full pay during vacation period, with permission to spend a vacation period abroad.

[1698-23 (d).]

SECTION 353. Persons in Teaching Service Designated for Continuous Duty in Vacation Periods. – For the good of the service the Director of Education, or in the case of employees of the University of the Philippines, the President of the University, may, with the approval of the Secretary of Public Instruction, designate persons in the teaching service for continuous duty. Teachers so designated shall be entitled to accrued leave instead of teachers’ vacation leave, and shall render the same hours of service as other employees entitled to accrued leave.

[1989-1.]

ARTICLE III

Accrued Leave

SECTION 354. Persons Entitled to Accrued Leave – Schedule. – After at least two years’ continuous, faithful, and satisfactory service the proper head of Department shall, subject to the requirements of the public service, grant each regularly and permanently appointed officer or employee in the Philippine civil service, except as hereinafter provided, accrued leave of absence with full pay, inclusive of Sundays and of holidays, for each year of satisfactory service in the Islands, in accordance with the following schedule:

An employee receiving an annual salary of less than one thousand eight hundred pesos shall be granted twenty days’ leave; an employee receiving an annual salary of from one thousand two hundred to one thousand eight hundred pesos with board and quarters, and an officer or employee receiving an annual salary of one thousand eight hundred pesos or more, but less than three thousand six hundred pesos, shall be granted thirty days’ leave; an officer or employee receiving an annual salary of three thousand six hundred pesos or more shall be granted thirty-five days’ leave.

[1698-23.]

SECTION 355. Computation of Leave and Pay Earned Under Different Salaries. – In case of a change of salary, whether occasioned by transfer from one position to another or to an office newly created, or otherwise, leave and pay shall be so computed as to correspond with the salaries at which and periods during which such leave and pay were earned, and the same amount of pay shall be allowed as if leave had been taken while the officer or employee was receiving the salary at which it accrued.

[1698-23 (b).]

SECTION 356. Anticipation of Leave to Accrue During Absence. – Leave shall accrue during authorized absence on leave with pay, and leave so to accrue may be allowed by anticipation at the time leave is granted.

SECTION 357. Persons Not Entitled to Accrued Leave. – The following persons shall not be entitled to accrued leave:

(a) Laborers, skilled and unskilled, whose rate of compensation is less than two thousand pesos per annum.

(b) Temporary and emergency employees.

(c) Persons whose compensations are authorized at other than a yearly rate, except officers detailed from the military, naval, or civil service of the United States.

(d) Persons enlisted for a term of years.

(e) Detectives, except where appointment is by transfer from a leave-earning position, and secret agents.

(f) Messengers and watchmen.

(g) Postmasters who are required to perform the duties of telegraph operators, except postmasters appointed subject to the examination requirements of the Civil Service Law, postmasters at Army posts whose compensation does not exceed one thousand two hundred pesos per annum each, and operators and linemen in the Bureau of Posts.

(h) Persons who receive compensation for official duties not requiring all their time, and persons whose salary is wholly or partly paid by municipalities.

(i) Persons guilty of conduct requiring separation from the service.

(j) Persons brought to the Islands on special contract.

[1698-23 (f).]

(k) Any person or class of persons whose right to leave is governed by special provisions.

[1698-23 (h).]

SECTION 358. Accumulation of Accrued Leave. – If accrued leave is not taken, in whole or in part, as earned, the same shall accumulate for five years, after which the person entitled to leave may obtain accrued leave for five years’ service, the balance of the leave for past service being forfeited.

[1698-23 (b).]

SECTION 359. Accrued Leave for Employees of Assembly. – Accrued leave shall not be enjoyed by employees of the Philippine Assembly who serve during legislative sessions only, but such privileges may be granted in the discretion of the Speaker to all permanent employees after not less than one year of continuous and satisfactory service.

[1922-1.]

SECTION 360. Payment of Equivalent of Leave of Deceased Person. – The salary equivalent of leave earned by a deceased person shall be paid to the person or persons entitled to receive his estate.

[1698-26.]

SECTION 361. Time of Application for Persons Resigning. – In case of resignation no application for leave shall be considered if not presented within six months after separation from the service.

[1698-23 (g).]

ARTICLE IV

Vacation Leave

SECTION 362. Vacation Leave in Addition to Accrued Leave. – After at least six months’ continuous, faithful, and satisfactory service the Governor-General or proper head of Department may, in his discretion, grant to each officer or employee entitled to accrued leave, in addition to such accrued leave, vacation leave of absence with full pay, inclusive of Sundays and holidays, for each calendar year of service, in accordance with the following schedule:

An officer or employee receiving an annual salary of less than two thousand pesos may be granted twenty-one days’ vacation leave; an officer or employee receiving an annual salary of two thousand pesos or more, or a trained nurse, may be granted twenty-eight days’ vacation leave.

[1698-24.]

SECTION 363. Vacation Leave for Messengers, Treasurers, and Telegraph Operators. – Vacation leave may also be granted by the proper chief of Bureau or Office, subject to the necessities of the public service and to the approval of the Director of Civil Service, to regularly and permanently appointed messengers of the classified civil-service, municipal, and township treasurers, and telegraph operators of the Bureau of Posts, in accordance with the following schedule and special conditions:

A messenger may be granted fifteen days’ vacation leave, but only after at least one year’s continuous, faithful, and satisfactory service, and no substitute messenger shall be employed during the absence of any messenger to whom leave has been granted in accordance with this provision.

A municipal treasurer and deputy provincial treasurer, or a township treasurer and deputy provincial treasurer, may be granted twenty-one days’ vacation leave, but subject to the conditions that no person or persons not already in the municipal or provincial treasury service shall be employed merely in order that such leave may be granted, that no person designated to act in the place of the regular incumbent during any period of leave granted under this provision shall receive additional compensation therefor, and that the salary and all proper expenses of the acting officer shall in such cases be paid by the province, municipality, or township concerned in the same ratio in which payment of salary of the regular incumbent is authorized.

A telegraph operator of the Bureau of Posts may be granted twenty-one days’ vacation leave, after at least one year of continuous, faithful, and satisfactory service, effective the first of January, nineteen hundred and seventeen.

[2626.]

SECTION 364. When Vacation Leave to be Taken. – Vacation leave must be taken within the calendar year in which it is earned. The vacation leave allowable for one year of service, and no more, may be allowed in connection with accrued leave granted. In cases of resignation, vacation leave shall not be allowed in addition to accrued leave.

[1698-24.]

ARTICLE V

Sundry Provisions Applicable to Persons Entitled to Accrued Leave or Teacher’s Leave

SECTION 365. Leave to Go Abroad – Half Pay and Travel Allowance. – When an employee entitled to accrued leave has served in the Islands for three years or more and has accumulated to his credit the accrued leave allowed for two full years, he may, in the discretion of the proper Department head, but not oftener than once in each period of three years, be granted permission to go abroad, with the half-pay and travel-expense allowances hereinbelow specified:

[1698-23 (c).]

(a) If he is given permission to visit the United States, he shall be allowed, with half pay, in addition to the leave granted, sixty days for the time occupied by him in going to and returning from the United States if he is serving in Manila, and if serving in the provinces sixty days plus the actual and necessary time consumed from date of departure from station to date of departure from Manila, and on returning, from date of arrival at Manila to date of arrival at station, such half salary to be paid on return to duty; if he is granted permission to visit any other country he shall be allowed, under the same conditions and in lieu of the sixty days’ half pay above provided, actual and necessary travel time with half pay not exceeding sixty days.

(b) On the completion of two years of continuous, faithful, and satisfactory service, after returning to the Islands from such leave of absence to visit the United States, he shall be allowed his travel expense from his place of residence in the United States to Manila if he come by the route and steamer directed, and if returning from any other country or from the United States, not residing therein, he shall be allowed his travel expense to Manila from the port of embarkation in the United States or such other country not exceeding four hundred pesos.

Subject to the same qualifications, these privileges shall also be accorded to persons going abroad on teacher’s leave under section three hundred and fifty-two hereof.

[1698-23 (e).]

SECTION 366. Commutation of Salary for Persons Going Abroad. – In favor of persons going abroad upon accrued leave or teacher’s leave, the proper Department head may, in his discretion, direct a commutation of the salary that would be received during the period of leave and in lieu of the payment of such salary in usual course authorize the payment, from the fund out of which the salary would have been paid, of an equivalent sum in gross on or before the beginning of such leave or vacation.

[1698-27.]

SECTION 367. Commutation of Salary in Case of Separation from Service. – The salary incident to leave may be in like manner commuted upon the death or separation from the service of any person entitled thereto.

[1698-26, 27.]

SECTION 368. Return to Duty Pending Leave. – No officer or employee whose salary has been commuted shall be permitted to return to duty before the expiration of the period covered by his leave, unless he first refunds to the Government the value of the unused portion of his leave; but the requirement as to the making of such refund may be waived, in the discretion of the Department head, in the case of an officer or employee separated from the service through lack of work or the abolishment of his position.

In case of voluntary service without pay rendered during leave granted, the time cannot be saved for future leave.

[1698-27.]

SECTION 369. Absence of Teachers from Duty on Account of Illness. – Absence from duty of teachers, due to illness, shall be charged against their vacations, and with the consent of the Secretary of Public Instruction they may remain on duty during vacations for a period equal to that so 1ost, in which case no deduction of pay shall be made on account of absence caused by illness.

[1698-25.]

SECTION 370. Absence of Other Employees from Duty. – Absence on account of illness of other regularly and permanently appointed officers and employees in the Philippine civil service who are entitled to accrued leave shall be charged first against their vacation leave and then against accrued leave, until both are exhausted, when their further absence shall be without pay.

[1698-25.]

SECTION 371. Withholding of Salary Incident to Leave. – Payment of salary to an officer or employee for any absence during his first six months of service properly chargeable to vacation leave, or during his first two years of service properly chargeable to accrued leave, shall be withheld until such leave may properly be taken under the provisions of this chapter; though in case of absence due to illness the Governor-General or proper head of Department may direct that payment for such absence be not withheld if not in excess of the vacation and accrued leave to his credit.

[1698-25 (c).]

SECTION 372. Application for Leave – Action of Office Chief. – Applications for accrued or vacation leave shall first be acted upon by the chief of the Bureau or Office to which the applicant pertains. It shall then be transmitted by such chief to the Director of Civil Service.

[1698-28.]

SECTION 373. Final Determination by Department Head. – The respective heads of Departments may authorize the Director of Civil Service to act finally upon the application in all cases in which he approves the recommendation of the chief of the Bureau or Office in regard to such leave. Otherwise the matter shall in all cases be determined finally by the Department head.

[1698-28.]

CHAPTER 16

Travel-Expense Law

PRELIMINARY ARTICLE

Title of Chapter

SECTION 380. Title of Chapter. – This chapter shall be known as the Travel Expense Law.

ARTICLE I

Travel Expense Incurred by Government Officers and Employees in Philippine Islands

SECTION 381. Definition of “Travel Expense”. – “Travel expense” shall be held to include not only the actual and necessary expenses of transportation of one’s person and essential baggage but also the actual and necessary expenses of subsistence and lodging while en route or absent from permanent station, together with such other items necessarily incidental thereto as shall, by regulation, be allowed by the Auditor with the approval of the Governor-General.

SECTION 382. Travel Expense of Insular Employees. -When traveling or when absent from their permanent stations on official business, officers and employees of the Insular Government shall be allowed their travel expenses, to be charged to the Bureau or Office for which the service is rendered.

[1873-3; 1955-2.]

SECTION 383. How to be Paid. – Travel expenses shall be allowed either in the form of payment of the travel expenses actually and necessarily incurred, or in the discretion of the chief of Bureau or head of Office, by the payment of per diems, or fractional per diems, in lieu of expenses other than transportation.

[1955-2.]

Per diems shall not be allowed to members of field parties or others for whom subsistence in kind is supplied or other special provision made to cover travel expense.

[2347-5.]

When travel is done by water and subsistence is not included in the transportation the amount actually and necessarily expended for subsistence shall be paid, and no per diem shall be allowed in lieu thereof.

[1873-2.]

Neither per diems nor reimbursement of expenses of subsistence and quarters shall be allowed to judges during their absence from their official stations, and they shall be entitled only to reimbursement of expenses incurred during actual travel.

[1873-3.]

SECTION 384. Schedule of Per Diems for Insular Officers and Employees. – Per diems, when allowed, shall be in accordance with the following schedules:

(a) Officers and employees receiving a salary of less than one thousand two hundred pesos per annum, a per diem of one peso.

(b) Those receiving one thousand two hundred pesos or more per annum but not exceeding one thousand eight hundred pesos per annum, a per diem of two pesos.

(c) Those receiving more than one thousand eight hundred pesos per annum, but not exceeding two thousand four hundred pesos per annum, a per diem of three pesos.

(d) Those receiving more than two thousand four hundred pesos per annum, but not exceeding six thousand pesos per annum, a per diem of four pesos.

(e) Those receiving more than six thousand pesos per annum, a per diem of five pesos.

Persons whose compensations are stated at rates other than per annum may be given the allowances authorized for employees at a corresponding per annum compensation.

[1873-3.]

SECTION 385. Control of Head of Office Over Allowance of Per Diems. – Chiefs of Bureaus and heads of Offices shall make such examination in passing upon per diems as may be necessary to satisfy their minds that the per diems allowed will not more than reimburse employees for necessary travel expenses and will not constitute an increase of salary.

[1873-3.]

SECTION 386. Per Diems of Detailed Army and Navy Officers. – Officers of the United States Army or Navy detailed for duty with the Insular Government shall receive, when traveling on official business of this Government, the per diems corresponding to the salary of the position which the officers are filling under detail, and subject to the same conditions as other officers; and, if no salary is fixed by law for such position, the officers shall be considered as included in the class for which a per diem of five pesos is authorized.

[1873-3.]

SECTION 387. Travel Expense and Subsistence of Members of Philippine Legislature. – Each member of the Philippine Legislature, and also the private secretary to the Speaker of the Assembly, shall receive his travel expense en route from his home to Manila and return, once for each session which he actually attends. He shall also receive his actual and necessary expenses for lodging and subsistence in Manila from the date of his arrival until the day of the opening of the session, if he arrives by the steamer, conveyance, or train next preceding such opening, or, if he arrives sooner, from the time of the arrival of such steamer, conveyance, or train and the similar expenses incurred after the adjournment of the session until the departure of the first steamer, conveyance, or train for return to his home.

[1805-1; 2319-1 (Phil. Assembly).]

SECTION 388. Travel Expense of Provincial Employees. – Officers and employees of provincial governments when traveling, or when absent from their permanent stations on official business, shall be allowed travel expenses as follows, to be paid from the funds of their respective provinces:

(a) When traveling by water transportation, the actual travel expenses incurred.

(b) While in the city of Manila, a per diem of six pesos, which shall include transportation while in said city.

(c) When otherwise traveling or absent from station, the cost of transportation of person and essential baggage, together with a per diem to be fixed by the provincial board for expenses other than transportation, which per diem shall not exceed two pesos unless the Governor-General shall approve a greater allowance.

Officers and employees who are technically in the Insular service but whose salary or compensation is paid by the province in which their service is performed shall be on the same footing in regard to the allowance of travel expense as other provincial employees.

[1334-1-3; 1529-1.]

SECTION 389. Travel Expense of Employee Transferred to Other Branch of Service. – When a Government employee is transferred from one branch of the service in the Islands to another, he shall be entitled to receive from the branch of the service to which he is transferred reimbursement of the travel expense incurred in reaching his new permanent station or place where he is assigned to duty.

[1509-4.]

SECTION 390. Travel Expense of Appointee Going to Station. – When a resident of the Philippine Islands, not already in the Government service, is appointed to a position which necessitates a change of residence, he shall receive from the branch of the service to which he is appointed reimbursement of the travel expense incurred in going to his permanent station or place where he is assigned to duty.

[1509-4.]

ARTICLE II

Travel Expense of Persons En Route Between the United States and Manila

SECTION 391. Travel Expenses of Judges. – A judge, who at the time of his appointment resides in the United States, shall, upon entering the service, be allowed the travel expense of himself and family from his place of residence to Manila, and upon retirement therefrom, after a service of three years or more in the Philippines, the expense of transportation for himself and family from Manila to place of residence in the United States.

[867-1; 1747-1; Comp., 2165, 2264.]

SECTION 392. Refund to Employee of Travel Expense Paid by Him. – Except in the case of a judge, the travel expense of an appointee to the Philippine civil service, paid by himself, from his place of residence in the United States to Manila shall, if the journey be consummated by the route and steamer directed, be refunded to him at the expiration of two years’ continuous, faithful, and satisfactory service, after his arrival in the Philippines, such refund to be made from the funds of the Bureau, Office, or province with which he is at that time connected.

[1509-2, 3; 1698-29 (a).]

SECTION 393. Deduction from Salary for Travel Expense Advanced – Final Refund to Employee. – When an employee is coming to Manila, the cost of his transportation, or any part thereof, may be advanced to him by the Government; and when this is done, the amount of such advance shall be made a charge against the Bureau, Office, or province to which he is assigned on his arrival, or return; and in such event ten per centum of his monthly salary shall be retained and paid into the Insular Treasury to the credit of a travel-expense trust fund, until the amount so paid in is equal to the amount paid out by the Government. At the end of the period of two years of satisfactory service the amount so paid by the employee shall be returned to him from such fund.

[1509-2, 3; 1698-29 (a).]

SECTION 394. Audit and Certification of Accounts for Travel Expenses. – Accounts of employees for expenses of travel from the United States or foreign countries to Manila shall be filed with the Insular Auditor upon their arrival in Manila, for advance audit and subsequent certification to the proper Bureau, Office, or province, for payment when due.

[1509-6.]

CHAPTER 17

Public-Bonding Law

SECTION 398. Title of Chapter. – This chapter shall be known as the Public-Bonding Law.

SECTION 399. Persons Bondable in the Fidelity Fund. – Every officer, agent, and employee of the Government of the Philippine Islands whose duties permit or require the custody of funds or property in an accountable capacity shall be deemed a bondable officer; and except as otherwise provided every such person shall be bonded, or bondable, and his fidelity insured, in accordance with the provisions of this chapter.

[1739; 1792-37.]

Justices of the peace, with the exception of the justice of the peace for the city of Manila, are excluded from the bonding requirements of this chapter.

[Comp., 2245.]

SECTION 400. Administrative regulations. – The administrative regulations necessary for carrying into effect the provisions of this chapter relative to the fidelity fund and insurance of Government officers therein shall be prescribed by the Insular Treasurer, with the approval of the Secretary of Finance and Justice.

[2436-5.]

SECTION 401. Persons Bondable in Discretion of Auditor. – The fidelity of the following officers shall be insured in the fidelity fund only when the Insular Auditor shall in his discretion so direct:

(a) Officers discharging their duties in the United States or in any foreign country.

(b) Officers accountable to others who are primarily accountable.

(c) Officers who perform their services gratuitously, not being employed in some other governmental capacity with remuneration.

(d) Officers of the Army or Navy of the United States detailed for duty in the Philippine service.

(e) Officers whose accountability is in an amount less than five hundred pesos.

[1792-37.]

SECTION 402. Amount of Insurance – How Fixed. – The Governor-General shall fix the amount of insurance to be carried on the Insular Treasurer and Assistant Insular Treasurer. The like duty shall be performed, as regards other officers, by the Insular Auditor, who shall keep a record of all officers insured in the fidelity fund.

[1739-12; 1792-16.]

SECTION 403. Extent of Liability and Conditions of Insurance. – An officer whose fidelity is insured under the provisions hereof shall, from the moment he assumes the duties of office, be considered bonded to the Government of the Philippine Islands, for the benefit of whom it may concern, for the faithful performance of all duties now or hereafter imposed by law upon them, and for the faithful accounting for all public funds and public property coming into their possession, custody, or control by appropriation, collection, transfer, or otherwise, as well as for the lawful payment, disbursement, expenditure, or transfer of all such public funds or property in their possession or custody or under their control as accountable or responsible officers.

[1739-6; 2436-8.]

SECTION 404. Notification of Officer’s Accession to Bondable Office-Treasurer’s Record of Bonded Officers. – The chief of a Bureau or Office to which any bonded position pertains shall, upon the appointment or lawful accession of any person thereto, at once notify the Insular Treasurer. Similar notification shall be given in case of any change or vacancy occurring in such position. In the provinces this duty shall be performed by the provincial treasurers for all bonded positions under both the provincial and municipal governments, separately or jointly; in cities incorporated under special charters the duty shall be performed by the chief executive officer thereof. Such notification shall be in such form and contain such information as the Insular Treasurer shall require.

[1739-7, 8.]

Upon receiving notification, the Insular Treasurer shall place the name of the officer so certified upon a record of bonded officers to be kept by him and shall notify the chief of Bureau or head of Office of such action.

[1739-5, 7.]

SECTION 405. Unsafe Risks – How Dealt with by Governor-General. – When a person insured or about to be insured in said fund is not, in the judgment of the Insular Auditor or Insular Treasurer, a safe and conservative risk, owing to character, associations, or habits, the facts shall be reported to the Governor-General, who, if he disapproves the risk, shall either remove the officer or deprive him of such duties as require insurance.

[1739-7.]

SECTION 406. Determination of Premium Rates – Collection of Premium. – The Insular Treasurer, with the approval of the Governor-General shall fix, and may from time to time change, the uniform annual rate of premium chargeable for insurance under this chapter.

[1739-3.]

Premiums shall be due and payable semi-annually in advance, and shall be collected by the Insular Treasurer.

[1739-3, 6.]

SECTION 407. Liability for Premium. – One-third of the premium shall be a personal liability of the officer insured, unless he be exempt therefrom. The remaining two-thirds, and also the personal share of one-third, in case of exemption, shall be a liability of the Bureau, Office, province, municipality, or other branch of the Government concerned. When an official is acting in a bonded capacity for two or more governmental units, the governmental share of the premium on his bond shall be paid by the respective units served in such proportion and in such manner as the Insular Auditor shall determine.

[1739-3, 8; 2436-3.]

SECTION 408. Persons Exempt from Individual Liability. – The following shall be wholly exempt from the payment of premium charge:

(a) Officers in the United States or any foreign country.

(b) Officers who perform their services gratuitously, not being employed in some other governmental capacity with remuneration.

(c) Officers of the Army and Navy of the United States detailed for duty in the Philippine service.

[1739-4.]

(d) Persons who by way of substitutionary service temporarily discharge the duties incident to a bonded office without the full compensation incident thereto.

[1698-15; 1739-9.]

SECTION 409. Reimbursement of Officer in Certain Cases. – Upon the substitution, transfer, retirement, or death of an officer insured as aforesaid he shall be reimbursed from the funds of that branch of the service to which he pertains for the amount of the premium paid by him in excess of his period of service. In such case the same insurance shall continue in force as regards his substitute or successor, who, if not exempt from the payment of premium, shall be required to pay into the funds of his Bureau, Office, or branch of service the personal share of the unearned premium on said insurance computed from his accession to the position.

[1739-6.]

SECTION 410. Constitution and Maintenance of Fidelity Fund. – The fidelity fund shall be constituted and maintained as a permanent reimbursable fund, at an amount not in excess of one hundred thousand pesos, and shall consist of all moneys that heretofore have been or should have been lawfully covered into the fidelity fund, as heretofore constituted, and of its own future accretions resulting either from premiums, profits on investments, or payments made to replace shortages, losses, or defalcations of any sort. But any excess over the limit of one hundred thousand pesos shall revert to the general funds.

[1739-1, 2.]

SECTION 411. Application and Use of Fidelity Fund – Determination and Payment of Loss. – The fidelity fund shall be available for the purpose of replacing defalcations, shortages, and unrelieved losses in the accounts of bonded officers, for the payment of fees and costs incident to civil proceedings brought against them to recover sums paid on their account from said fund, and for the payment of such expenses of administration and operation of the fidelity fund as may be incurred in carrying out the provisions of this chapter.

In case the total claims payable from the fidelity fund shall at any time exceed the capital and net earnings pertaining thereto, the amount necessary to cover such deficit shall be advanced from the general surplus of the Insular Government until such time as the overdraft shall have been offset by the future net earnings of the fund.

[1739-1 (a-d), 12; 2436-1, 2.]

SECTION 412. Adjudication and Payment of Claims. – Any and all claims against the fidelity fund shall be made or forwarded to the Insular Auditor together with the evidence relating thereto, and if he shall recommend payment of the same, or a part thereof, and such recommendation shall receive the approval of the Governor-General, the same shall be a legal claim against the fidelity fund and shall be paid, but not otherwise.

[2436-4.]

SECTION 413. Payment of Loss Occasioned to Private Party by Dereliction of Bonded Officer. – When any person whosoever suffers loss in money or property intrusted to an officer insured in the fidelity fund who receives such money or property by virtue of his official position, the head of the Bureau or Office concerned and the Insular Auditor may, after ascertaining and fixing the amount of the loss, recommend that such loss be paid out of the fidelity fund, and the same shall be so paid upon approval by the Governor-General, as in other cases.

[1739-1 (d).]

SECTION 414. Liability of Officer Primarily Accountable as Affected by Insurance of Subordinate. – When a person accountable to another who is primarily accountable is insured in the fidelity fund and a loss, chargeable to that fund, occurs by reason of the dereliction of the former, the officer primarily accountable shall not be held liable to the Government, except for the excess, if any, of the loss over such insurance; and in no case shall he be required to answer over to the fidelity fund in respect of such loss.

SECTION 415. Bond to be Given by Sheriff. – A sheriff or a person exercising the functions of officer of court shall, before being qualified to perform the duties of his office, execute a bond, with approved sureties, in such form and amount as the Insular Auditor shall prescribe, running to the Government of the Philippine Islands, for the benefit of whom it may concern. Such bond shall be conditioned for the faithful performance of the duties of himself and his deputies as sheriff and officer of court, and for the delivery or payment to the Government, or the persons entitled thereto, of all property or sums of money that shall officially come into his or their hands. The failure to give bond as herein required before the expiration of the period of thirty days from the date when the officer should enter upon the discharge of his duties shall constitute a renunciation of the office.

The bond herein required shall in no case have less than two sureties, if they be individuals; and if there are only two such, each must own real property to the full amount of the bond, free from incumbrances, and over and above all his other existing liabilities and exclusive of property exempt from execution. If there be three or more sureties, it shall suffice if they collectively own real property in double the amount of the bond and similarly circumstanced as above.

[1817-2; 1901-1.]

But in any case the bond may be made by a corporation authorized by law to execute fidelity bonds.

[2203-1.]

SECTION 416. Qualification of Sureties. – Such bond shall bear an indorsement of the proper provincial treasurer stating that after due investigation and to the best of his knowledge and belief the sureties, if individuals, are qualified as by law required. The sureties themselves shall also justify to the same effect upon oath before a judge of the Court of First Instance of the district, or in his absence, before the provincial fiscal.

[1817-1; 1901-1.]

SECTION 417. Approval and Preservation of Bond. – Upon the execution of any such bond, the clerk of the court shall take a copy for preservation in his own office and shall transmit the original to the Insular Auditor, which, after receiving his approval, shall be forwarded to the Insular Treasurer for preservation.

[1817-1; 1901-1.]

SECTION 418. Renewal or Strengthening of Bond. – When it shall appear to the judge of first instance in any province, or to the judges of the Supreme Court in the city of Manila, that any such bond is risky or insufficient, an order shall be made requiring a new bond or additional security to be given within a period to be specified therein; and if the same is not duly complied with, the office shall be deemed to have been vacated and another person shall be appointed thereto.

[136-26.]

SECTION 419. Right of Bonded Officer to Require Bond from Deputy or Assistant. – A sheriff or other accountable official may require any of his deputies or assistants, not bonded in the fidelity fund, to give an adequate personal bond as security against loss by reason of any wrongdoing on the part of such deputy or assistant. The taking of such security shall in no wise impair the independent civil liability of any of the parties.

[136-21, 25, 38; 396-2; 1546-1; 2347-16.]

SECTION 420. Certificate Required for Bonded Officer Leaving Islands. – No sheriff or officer whose fidelity is or has been insured in the fidelity fund shall leave or attempt to leave the Philippine Islands until he shall secure a certificate from the Insular Auditor showing that his accounts have been finally settled.

[1605-1.]

CHAPTER 18

Property-Insurance Law

SECTION 424. Title of Chapter. – This chapter shall be known as the Property-Insurance Law.

SECTION 425. Insurance of Government Property in Special Fund. – Government vessels and craft, Government machinery, permanent public buildings, Government property therein, and Government property in rented buildings shall be insured, or insurable, in the property-insurance fund, against destruction or damage resulting from fire, earthquake, storm, or other casualty, in accordance with the provisions hereof.

[2140-1.]

SECTION 426. How Insurance Effected. – The property of a province, chartered city, municipality, or other local political division may only be insured in this fund with the approval of the Governor-General, upon application made by proper board or council of the governmental division in question. The premium rates for such insurance shall be as fixed by the Insular Auditor with the approval of the Governor-General.

[1728-2.]

Property of the Insular Government and Department of Mindanao and Sulu insurable under the next preceding section hereof shall be insured in said fund without charge, and shall be deemed to be so insured solely by virtue hereof, without formality of any sort.

[2536.]

SECTION 427. Determination and Payment of Loss. – The Insular Auditor shall fix the amount of any loss insured against under this chapter and with the approval of the Governor-General shall certify the same to the Insular Treasurer, who shall thereupon liquidate the liability in accordance with the Auditor’s certification; but in the case of property owned by the Insular Government such amount shall only be so certified and made available, in the discretion of the Governor-General, for the restoration by construction, repair, purchase, or otherwise, of the specific property damaged or destroyed.

[1728; 2140.]

SECTION 428. Constitution of Property-Insurance Fund. – The property-insurance fund shall be constituted and maintained as a permanent reimbursable fund, and shall consist of all moneys that heretofore have been or should have been lawfully covered into the “insurance fund”, as heretofore constituted, and of its own future accretions resulting either from profit on investments, from premiums, or the continuing annual appropriation thereto.

[1728-1, 4, 5.]

Until such time as the property-insurance fund shall reach five hundred thousand pesos there shall accrue to it, from any funds in the Insular Treasury not otherwise appropriated, a continuing annual appropriation of fifty thousand pesos and thereafter a similar appropriation of such sum or sums, not in excess of fifty thousand pesos, as may be necessary to maintain the fund at that level.

[1728-5.]

In case the total claims payable from the fund shall at any time exceed the capital, surplus, and reserves pertaining thereto, the amount necessary to cover such deficit shall be advanced from the general surplus of the Insular Government until such time as the overdraft shall have been offset by the future net earnings of the fund.

[2437-1.]

SECTION 429. Regulations for Carrying Law into Effect. – The necessary regulations for the effectuation of the purposes of this chapter shall be promulgated by the Insular Treasurer, with the approval of the Governor-General.

[1728-3.]

CHAPTER 19

Assessment Law

PRELIMINARY ARTICLE

Title of Chapter

SECTION 430. Title of Chapter. -This chapter shall be known as the Assessment Law.

ARTICLE I

Levy and Disposition of Proceeds

SECTION 431. Incidence of Real-Property Tax. – In those parts of the Philippine Islands comprised in regularly organized municipalities situated elsewhere than in the Department of Mindanao and Sulu there shall be levied, assessed, and collected, an annual ad valorem tax on real property, including land, buildings and other improvements not hereinafter specifically exempted.

[82-43 (a); 83-40 (a, i); 303-1 (h) ; 2238.]

SECTION 432. Property Exempt from Tax. – The exemptions shall be as follows:

(a) Property owned by the United States of America, the Government of the Philippine Islands, or by any province or municipality in the Philippine Islands.

[82-43 (a) ; 303-1 (h).]I

(b) Cemeteries or burial grounds.

[82-62; 1458-10.]

(c) Churches and parsonages or conventos appurtenant thereto, and all lands, buildings, and improvements used exclusively for religious, charitable, scientific, or educational purposes; but this exemption shall not extend to property held for investment, or which produces income, even though the income be devoted to some one or more of the purposes above specified.

[655-3; 680-1.]

(d) When the entire assessed valuation of real property in any one municipality, belonging to a single owner, shall be less than the sum of fifty pesos, the tax thereon shall not be collected, though in any event the property shall be valued for the purposes of assessment and record shall be kept thereof as in other cases.

[1458-4.]

(e) Land held by a homesteader under an application filed in accordance with law, prior to the vesting of title in him by the issuance of a patent; but this exemption does not extend to buildings and improvements thereon the title to which is not in the Government.

[926-3; 1864-2; III Op. Atty. Gen., 178, 486.]

(f) Machinery, which term shall embrace machines, mechanical contrivances, instruments, tools, implements, appliances, and apparatus used for industrial, agricultural, or manufacturing purposes.

[2197-7.]

(g) Fruit trees and bamboo plants, except where the land upon which they grow is planted principally to such growth.

[2516-1; 2653-1.]

SECTION 433. Division of Proceeds Between Provinces and Municipalities. – The proceeds of the real-property tax shall be applied to the use and benefit of the respective provinces and municipalities wherein the property liable to such tax is situated.

The share of a province in said tax shall be levied by the provincial board thereof, whose duty it shall be, on or before the thirty-first day of December of each year, to fix by resolution an uniform rate of taxation for the succeeding year, in an amount not less than one-eighth nor more than three-eighths of one per centum.

The share of a municipality shall in the same manner be levied by ordinance of the municipal council thereof in an amount not less than one-fourth nor more than one-half of one per centum.

The resolutions of the provincial board and the municipal ordinances fixing the rate of land tax shall remain in force for succeeding years unless said resolutions and ordinances are amended or revoked.

[82-43 (a) ; 83-13 (i) ; 303-1 (h) ; 772-2.]

SECTION 434. Special Application of Portions of Proceeds of Tax. – The gross proceeds of the first one-eighth of one per centum levied or imposed for provincial purposes shall accrue, in a regularly organized province, exclusively to its road and bridge fund, and in a specially organized province, exclusively to its road and public works fund. The gross proceeds of the remaining two-eighths, or any part thereof, levied for provincial purposes shall accrue to the general fund of the province.

The gross proceeds of the first one-fourth of one per centum levied or imposed for municipal purposes shall accrue exclusively to the school fund of the municipality. The gross proceeds of the remaining one-fourth, or any part thereof, levied for municipal purposes shall accrue to the general fund of the municipality.

[82-43 (b) ; 83-13 (i) ; 303-1 (i) ; 772-2.]

SECTION 435. Amount of Levy where Provincial or Municipal Authorities Fail to Act. – If for any year a provincial board should fail to make the levy of at least one-eighth of one per centum or a municipal council should fail to make a levy of at least one-fourth of one per centum, such respective minimum rates shall nevertheless become effective and the tax shall be collected and applied as if levied in usual course, unless the tax for such year be remitted by proper authority.

[82-43 (a) ; 83-13 (i); 303-1 (h); 772-2.]

SECTION 436. Change of Levy by Provincial or Municipal Authorities. – At any time before the beginning of the tax year a provincial board may, for good cause, change the provincial rate within the limits prescribed for the provincial levy; and a municipal council may likewise change the municipal rate within the limits prescribed for the municipal levy, but any municipal ordinance so disposing shall be approved by resolution of the provincial board.

[82-43 (a); 83-13 (i); 303-1 (h); 772-2.]

ARTICLE II

Powers of Assessor

SECTION 437. Authority Vested in Provincial Assessor. – In the performance of the duties devolving upon the provincial assessor, he shall be authorized from time to time as occasion may require, and subject to the provisions of this chapter and of any lawful regulations pursuant thereto:

(a) To receive proper declarations of property not previously declared by the owner, or to make official declarations therefor, as the case may require.

(b) To fix the value of real property not previously assessed and to assess the same for taxation according to law.

(c) To cancel the declaration of an original owner of property which has changed ownership and to substitute therefor the new declaration in the name of the new owner.

(d) To cancel, in case more than one declaration of the same property is received, all except the one properly made; but if any declarant shall object to the cancellation of his declaration, such declaration shall not be canceled but shall have the fact noted thereon and similar notation shall be made on the duplicate declaration.

(e) To cancel, raise, or lower, as the case may require, the assessment of any parcel or item of real property in any municipality or of the property of any owner or owners therein whenever it appears that the existing assessment, whether originally proper or not, does not conform to the requirements of law.

In the exercise of this power he shall eliminate from the list of taxable property all property which, being exempt, has been improperly included in the same; shall decrease the assessment where property previously assessed has suffered a permanent loss of value by reason of storm, flood, fire, or other casualty; and shall increase the assessment where taxable improvements have been made upon property subsequent to the last previous assessment.

[2238-4-7.]

ARTICLE III

Assessment of Tax

SECTION 438. General Revision of Property Valuations. – When directed by the provincial board the provincial assessor shall effect a general revision of the valuations of the real property in his province or any municipality thereof and shall make a new, or revised, assessment of the same according to law. No such general revision of assessment shall be made with greater frequency than once in two years.

[2238-4, 9.]

SECTION 439. Preparation of General Schedules of Values. – Prior to directing the provincial assessor to proceed to a general revision of the assessments in any province or municipality, the provincial board shall require the municipal council of each municipality in which such revision is to be effected to prepare, in such form and detail as shall be prescribed by the Executive Secretary, a general schedule of the values of the different classes of land for its municipality, which shall be forwarded to the provincial board for approval and such schedule, when approved by the provincial board, shall serve the assessor as basis for the valuation and assessment. Should the provincial board disapprove said schedule because it does not find it impartial, just, and equitable with respect to the other municipalities of the province, it shall return the same to the municipal council with its amendments, and if such amendments are not accepted by the municipal council, the latter shall forward them, with its arguments, in appeal to the Executive Secretary, within thirty days after receipt thereof. If said term shall lapse without an appeal having been made, the schedule as amended by the provincial board shall govern. The decision of the Executive Secretary shall be final.

[2238-9.]

SECTION 440. Failure of Municipal Council to Adopt Schedule. – Should a municipal council fail to prepare and adopt a schedule of values within thirty days after receipt of the provincial board’s resolution so directing, the provincial board may prepare the said schedule and furnish a copy thereof to the council of the municipality concerned, which council, if it does not accept it, shall forward it within thirty days after receipt thereof, with its arguments, in appeal to the Executive Secretary, whose decision shall be final. Should the thirty days thus allowed for appeal lapse without an appeal having been made, the schedule prepared by the provincial board shall govern.

[2363-1 (b).]

SECTION 441. Amending Schedules of Values. – For the correction of errors or inequalities in any schedule of values, the provincial board may, at any time, require the proper municipal council to prepare an amendment designed to remedy such errors or inequalities. Such amendments shall be subject to the same conditions as to preparation, modification, and appeal as general schedules.

[2363-1 (c).]

SECTION 442. Certification of Revised Values to Provincial Board. – When the provincial assessor shall finish a general revision of the assessments for any municipality he shall so certify to the provincial board, and the assessment shall become effective, and taxes shall accrue and be payable thereunder commencing with the year next ensuing.

[2238-11.]

SECTION 443. Principle Governing Valuations and Assessments. – All real property subject to taxation under the provisions of this chapter shall be valued and assessed for taxation at its true and full value in accordance with the schedule of values in force in the municipality wherein it is situated. So far as properly applicable such schedule shall be controlling; but where the property to be assessed is of a kind not classified in the schedule or of a kind for which a value is not therein fixed, it shall be assessed at its full and true value, independently of such schedule.

SECTION 444. Declaration to be Prepared by Owner. – It shall be the duty of every owner of real property within a municipality to prepare, or cause to be prepared, a declaration of the amount thereof which he owns within the municipality. Such declaration shall contain a description sufficient in detail to enable the provincial assessor to identify the same on examination.

He shall subscribe the declaration and verify the same on oath before the municipal secretary of the municipality in question or before the provincial assessor, or if not conveniently accessible to one of these, before any municipal secretary or any other person generally authorized to administer oaths.

The declaration made by the owner shall be accepted prima facie as correctly describing the quantity and character of the property covered by it.

[82-51; 303-1 (l); 2238-7.]

SECTION 445. Assessment of Back Taxes. – Real property declared for the first time shall have back taxes assessed against it for the period during which it would have been liable if assessed from the first in proper course but net in any case for more than the four years prior to the year of the initial assessment. But real property, part of the area or improvements of which are declared for the first time, will not be subject to taxation on such newly declared area or improvements till the year following that of assessment.

If said taxes are paid before the expiration of the tax collection period next ensuing, no penalty for delinquency shall be imposed, but if they be not so paid the property shall be subject to all the penalties to which it would have been liable had it originally become delinquent after assessment in usual course.

[2238-12.]

SECTION 446. Declaration Made by Assessor for Owner. – When real property is found in any municipality the owner of which refuses or fails to make the required declaration, the provincial assessor shall himself declare the property in the name of the defaulting owner, if known, or as against an unknown owner, as the case may be, and shall assess the property for taxation accordingly.

No oath shall be required to a declaration thus made by the provincial assessor.

[2238-5.]

SECTION 447. Notification of Increased Assessment. – When real property is assessed at a value greater than that stated in the declaration of the owner, or where an existing assessment is increased to an amount in excess of that so stated, the provincial assessor shall immediately give written notice of such assessment or increased assessment to the owner, or in his absence, to his authorized agent in the Philippine Islands, or if there be none such, to the occupant in possession, if any. This notice may be delivered personally or may be mailed to the last known address of the person to be served.

Written notice shall also be given in like manner to the owner, or his agent, if known, or the occupant, if such there be, of the valuation placed on property newly declared.

[2238-6.]

SECTION 448. Appeal by Owner to Municipal Council. – Any owner aggrieved by the action of a provincial assessor in the assessment of his property may at any time bring the matter before the municipal council of the municipality where the property is situated by filing with it a written statement of his grievance.

[2238-6.]

SECTION 449. Action by Municipal Council. – The municipal council shall take action upon the complaint within thirty days from the receipt thereof; and if such action be favorable to the taxpayer the provincial assessor shall be so notified and may thereupon rectify the assessment accordingly. If, however, the provincial assessor be of opinion that the matter should be reviewed by the provincial board, all the papers in the case shall be forwarded by him to that body for proper action by it.

If the action of the municipal council should be unfavorable to the taxpayer and the latter should indicate a desire to have the assessment reviewed by the provincial board, all the papers in the case shall, within ten days, be likewise forwarded as in the preceding paragraph provided.

Any assessment changed by the municipal council and acquiesced in by the parties shall be certified to the provincial treasurer.

[2238-6, 1C.]

SECTION 450. Review by Provincial Board. – A provincial board shall have the power to review assessments made under the provisions of this chapter, whether brought before it in the manner provided in the preceding section or taken up by the board of its own motion. Any assessment found to be unjust, erroneous, or unlawful shall be by it revised and altered so far as may be necessary to correct the same and bring it into conformity with the provisions of law.

[2238-10.]

SECTION 451. Review by Executive Secretary. – From the action of the provincial board upon any assessment, either the owner of the property or the municipal council of the municipality wherein the property is situated may take an appeal to the Executive Secretary who shall exercise a power of final revision and correct any defect with regard to legality or fairness found in the assessment.

[2238-10.]

ARTICLE IV

Collection of Tax and Remedies for Enforcement Thereof

SECTION 452. Date of Accrual of Tax – Lien of Tax. – The real property tax for any year shall become due and payable on the first of January and from the same date said tax and all penalties subsequently accruing thereto shall constitute a lien upon the property subject to such tax.

Said lien shall be superior to all other liens, mortgages, or incumbrances of any kind whatsoever, shall be enforceable against the property whether in the possession of the delinquent or any subsequent owner or possessor, and shall be removable only by the payment of the taxes, penalties, and costs.

[82-74, 77; 83-17; 374-1 (b); 1482-2 (h); 1791-15, 17.]

SECTION 453. Term Specially Fixed for Collection of Tax. – The Governor-General shall fix, by executive order, a special term of three months in each year for the collection of the real-property tax in the respective provinces. Such order shall be issued on or before the thirty-first day of December of the year preceding that in which it is to have effect and at least three months prior to the beginning of the term therein fixed.

Where no such order is issued for any year the collection period shall remain as previously fixed.

[82-74; 374-1 (b); 1482-2 (h); 1791-15.]

SECTION 454. Power of Provincial Board to Extend Term for Collection of Tax. – The provincial board shall have power to extend the special term for the collection of the real-property tax in any province for a period not exceeding three months; but a resolution so disposing shall not take effect until approved by the Governor-General.

[83-13 (nn); 1979-1.]

SECTION 455. Power of Governor-General to Postpone. – The Governor-General may in his discretion postpone the special term for the collection of the real-property tax in any province to any period falling within the same calendar year.

[1713-1.]

SECTION 456. Posting Notice of Time for Collection of Tax. – Notice of the dates during which the real-property tax may be paid in each municipality shall be posted by the provincial treasurer at the main entrance of the provincial building and of all municipal buildings and in a public and conspicuous place in each barrio.

[82-74; 374-1 (b); 1482-2 (h); 1791-15.]

SECTION 457. Penalty for Delinquency. – Failure to pay the real-property tax before the expiration of the period for the collection of the same shall subject the taxpayer to a penalty of twenty per centum of the amount of the original tax due, if paid within the first six months of delinquency, and a penalty of forty per centum of the original tax due if paid thereafter, to be collected at the same time and in the same manner as the original tax.

[82-74; 374-1 (b); 1482-2 (h); 1791-15.]

SECTION 458. Notice of Delinquency. – Upon the real-property tax becoming delinquent, the provincial treasurer shall immediately cause notice of that fact to be posted at the main entrance of the provincial building and of all municipal buildings and in a public and conspicuous place in each barrio.

[82-75; 1139-2; 1791-16.]

Such notice shall specify the date upon which the tax became delinquent and shall state that personal property is subject to seizure to effect payment. It shall also state that, at any time before the seizure of personal property, within six months from date of delinquency, payment may be made with penalty of twenty per centum, and after six months from such date with penalty of forty per centum of tax, and further, that one year from the date of delinquency, unless the tax and penalties be sooner paid or the tax shall have been judicially set aside, the delinquent real property will be forfeited and escheat to the Government, that the delinquent owner will then be dispossessed and all occupants and tenants on the property will be ejected, and that thereafter the full title will be and remain in the Government.

[82-78; 1139-1; 1791-18.]

SECTION 459. Distraint of Personal Property. – After delinquency in the payment of the real-property tax has occurred, the provincial treasurer or his deputy, if desirous of enforcing payment by distraining the personal property of any delinquent person or persons, shall issue a duly authenticated certificate, based upon the records of his office, showing the fact of delinquency and the amounts of tax and penalty due from such delinquent or each of them. This certificate shall be sufficient warrant for the seizure of any non-exempt personal property belonging to the delinquent or delinquents in question; and such process may be executed by the provincial treasurer, his deputy, or other officer authorized to execute legal process.

[82-75; 1791-16.]

SECTION 460. Property Exempt from Distraint or Levy. – The following property shall be exempt from distraint and from the levy of attachment or execution for delinquency in the payment of the real-property tax:

(a) Tools and implements necessarily used by the debtor in his trade or employment.

(b) One horse or cow, or carabao, or other beast of burden, such as the debtor may select, and necessarily used by him in his ordinary occupation.

(c) His necessary clothing, and that of all his family.

(d) Household furniture and utensils necessary for house-keeping, and used for that purpose by the debtor, such as the debtor may select, of a value not exceeding seventy-five pesos.

(e) Provisions actually provided for individual or family use sufficient for three months.

(f) The professional libraries of lawyers, judges, clergymen, doctors, school teachers, and music teachers, not exceeding five hundred pesos in value.

(g) One fishing boat and net, not exceeding the total value of twenty-five pesos, the property of any fisherman, by the lawful use of which he earns a livelihood.

[2204-1.]

SECTION 461. Sale of Distrained Property. – Property seized upon process under section four hundred and fifty-nine hereof shall, after due advertisement, be exposed for sale at public auction, to the highest bidder, and so much of the same shall be thus sold as may be necessary to satisfy the tax, penalty, and costs of the seizure and sale. The purchaser at such sale shall acquire an indefeasible title to the property.

Advertisement in such cases shall be given by notice stating the time, place, and cause of the sale, posted for ten days at the main entrance of the municipal building and at a public and conspicuous place in the barrio where the property was seized.

The sale shall take place, in the discretion of the treasurer or his deputy, either at the main entrance of the municipal building or at the place where the property was seized.

[82-75; 1791-16.]

SECTION 462. Return of Officers – Disposition of Proceeds. – The officer conducting a sale under the preceding section shall make immediate return of his proceedings and a memorandum thereof shall be entered by the provincial treasurer in his records. Any surplus proceeds resulting from the sale, and any of the property remaining unsold in the hands of the officer, shall be returned to the delinquent taxpayer.

[82-75; 1791-16.]

SECTION 463. Redemption of Distrained Property. – The owner of personal property seized for the non-payment of taxes hereunder may redeem the same from the collecting officer at any time after seizure and before sale by tendering to him the amount of the tax, the penalty, and the costs incurred up to the time of tender. The costs to be charged in making such seizure and sale shall only embrace the actual expense of seizure and preservation of the property pending the sale, and no charge shall be imposed for the services of the collecting officer or his deputy.

[82-76.]

SECTION 464. Final Vesting of Property in Provincial Government. – Upon the expiration of one year from the date whereon delinquency in the payment of the real property tax occurred, and in the event of continued default in payment of the tax and penalty, all private right, title, and interest in and to the property upon which the said tax is delinquent shall become indefeasibly vested in the government of the province wherein said property is situated, subject only to the rights of redemption and repurchase hereinbelow conferred.

[82-79; 1791-19.]

SECTION 465. Redemption by Owner. – At any time after delinquency shall have occurred, but not later than the expiration of ninety full days from the date of the publication of the notice prescribed in the next succeeding section hereof, the owner or his legal representative or any person having a lien, leasehold, or other legal or equitable interest in or upon such property may satisfy the taxes and penalties then due and thereby redeem the property. Such redemption shall operate to divest the provincial government of its title to the property in question and to revert the same in the original owner, but where such redemption is effected by a person other than the owner, the payment shall constitute a lien upon the property and the person making payment shall be entitled to recover it from the original owner, or if he be a lessee, he may retain the amount from any rent owing from him to the owner upon the property.

[82-79; 1791-19.]

SECTION 466. Manner of Effecting Publication. – The publication required in the preceding section shall be made by the posting of notices at the main entrance of the provincial building and of all municipal buildings and in a public and conspicuous place in the barrio wherein the property is situated, in English, Spanish, and the prevailing local dialect. Such notices shall contain the names of the persons delinquent, the date upon which the delinquency began, the amount of the tax and penalty then due from each, and shall state that unless such taxes and penalties shall be paid within ninety days from the date of publication of such notice the forfeiture of delinquent real property to the provincial government will become absolute.

[82-79; 1791-19.]

SECTION 467. Repurchase by Owner. – After the title to the property shall have become vested in the provincial government in the manner above provided, and at any time before a sale or contract of sale has been made by the province to a third party, the original owner or his legal representative shall have a further right to repurchase the entire amount of the property in question, by paying therefor the full amount then due for taxes, penalties, and costs, together with an additional penalty of ten per centum upon the whole, and if the province has made a contract for the lease of the property the repurchase may be made subject to such contract.

[82-79; 1791-19.]

SECTION 468. Taxes and Penalties Payable Upon Redemption or Repurchase. – The taxes and penalties to be paid by way of redemption or repurchase shall in all cases include not only the original tax by virtue of the non-payment of which the forfeiture became operative, and its incident penalty, but also the taxes and penalties which, regardless of the original forfeiture, shall correspond to the intervening year or years prior to redemption or repurchase, plus, in the case of repurchase, the additional penalty of ten per centum.

[See 2238-12.]

SECTION 469. Disposition of Proceeds. – The proceeds of all delinquent taxes and penalties shall accrue to the provincial and municipal governments in the same manner as if the tax or taxes had been paid in regular course. Income derived from the use or lease of forfeited property and the proceeds of all sales thereof, except in case of repurchase by the owner or his legal representative, shall accrue without division to the general fund of the province.

SECTION 470. Ejection of Occupants from Delinquent Property. – After the expiration of ninety full days from the date of publication of the notice of delinquency prescribed in section four hundred and sixty-six hereof, the provincial treasurer, or his deputy, may issue to the municipal president his certificate describing the parcel of property upon which the taxes are delinquent, stating the amount of taxes due, together with all penalties and costs accrued by reason of delinquency, and require him to eject from the said property all tenants or occupants thereof. The municipal president upon receiving such certificate shall immediately cause all tenants or occupants to be ejected from the property in question and kept therefrom by the municipal police, and to that end may employ such force as may be necessary.

[82-79; 1791-19.]

ARTICLE V

Miscellaneous Provisions

SECTION 471. Repayment of Excessive Collections. – When it appears that an assessment of real property was erroneous and unjust when made and the same is reduced more than twenty-five per centum because of such error or injustice, and not by reason of damage incurred or deterioration suffered by such property subsequently to the date of original assessment, the taxpayer shall be entitled to the proper credit for taxes and penalties already actually paid by him in excess of the amount which he should have paid upon proper assessment, such credit to be applicable only to the payment of real-property taxes or penalties due or to become due from such taxpayer upon the same property or other real property belonging to him in the same municipality.

[1943-1, 2.]

Timely notice shall be given by the provincial treasurer to every taxpayer whose assessment is so reduced and he shall be furnished a nontransferable certificate showing the amount of credit to which he is entitled for payments already made and the conditions under which such credit may be applied as above provided.

[1943-4.]

If no taxes shall have been paid upon the original assessment, the taxpayer shall be allowed sixty days after notice of such reduction within which to pay the proper tax upon the reduced assessment, without penalty. But upon his failure to pay the same within said period all the penalties provided by law shall attach as of the date upon which the taxes became delinquent upon the original assessment.

[1943-3]

SECTION 472. Remission of Tax by Provincial Board. – In case of a general failure of crops or similar widespread disaster, the provincial board of any province, by resolution passed prior to the first of December of any year, may wholly remit the real-property tax for such province for the succeeding year; but a resolution so disposing must clearly state the reasons for such remission and shall not take effect until approved by the Governor-General.

[1713-1.]

SECTION 473. Remission or Reduction of Tax by Governor-General. – The Governor-General may, in his discretion, remit or reduce the real-property tax for any year in any province if he deems that the public interest so requires.

[1713-1.]

SECTION 474. Evidence in Tax-Assessment Proceedings. – In the exercise of their appellate and supervisory powers over assessments, the municipal councils, the provincial boards, and the Executive Secretary may receive, take, and consider not only the evidence upon which the assessing officer or officers may have acted but other relevant proof, whether in the form of oral testimony or delivered by way of affidavit or deposition.

SECTION 475. Authority of Assessor to Take Evidence. – For the purpose of securing information upon which to base a correct assessment of any real property a provincial assessor may summon witnesses, administer oaths, and take testimony concerning the ownership, amount, character, or value thereof.

No summons shall be issued compelling the appearance of any witness outside of the municipality in which he is residing.

[2238-8.]

SECTION 476. Restriction Upon Power of Court to Impeach Tax. – No court shall entertain any suit assailing the validity of a tax assessed under this chapter until the taxpayer shall have paid, under protest, the taxes assessed against him, nor shall any court declare any tax invalid by reason of irregularities or informalities in the proceedings of the officers charged with the assessment or collection of the taxes, or of a failure to perform their duties within the time herein specified for their performance, unless such irregularities, informalities, or failures shall have impaired the substantial rights of the taxpayer; nor shall any court declare any tax assessed under the provisions of this chapter invalid except upon condition that the taxpayer shall pay the just amount of his tax, as determined by the court in the pending proceeding.

[82-84.]

SECTION 477. Restriction Upon Power of Court to Impeach Forfeiture. – No court shall entertain any suit assailing the validity of a forfeiture incurred under the provisions of this chapter until the taxpayer shall have paid into court the amount due thereon at the time of the forfeiture in question, whether by way of tax, penalties, or costs. If the taxpayer should prevail in such suit, the money so paid into court shall be applied to the satisfaction of such tax, penalties, and costs; if he should fail, it shall be returned to him, after the deduction of any court costs chargeable to him in the cause.

[82-85; 1791-20.]

SECTION 478. Duty of Municipal Officers to Assist Provincial Assessors. – It shall be the duty of the municipal president, secretary, and treasurer and all municipal employees to render every assistance in their power to the provincial assessor.

[2238-13.]

SECTION 479. Regulations for Enforcement of Assessment Law. – Regulations prescribing the forms to be used and procedure to be followed in carrying the provisions of this chapter into effect shall be promulgated by the Executive Secretary.

[2238-15.]

CHAPTER 20

Election Law

PRELIMINARY ARTICLE

Title of Chapter

SECTION 489. Title of Chapter. – This chapter shall be known as the Election Law; and in the absence of provision to the contrary all elections for public officers in the Philippine Islands shall be conducted in conformity with its requirements.

[2600.]

ARTICLE I

General Provisions

SECTION 490. Holding of Election in Manila. – For the effectuation of the purposes of this law in the city of Manila the duties which are herein made incumbent upon provincial boards and municipal councils shall be performed by the Municipal Board of said city, and the duties imposed upon provincial treasurers and municipal secretaries shall be performed by the secretary of said Board. Should any member of the Municipal Board be a candidate for office in any election, he shall be incompetent to act upon the board in the discharge of the duties incumbent upon it in respect to such election, and in such case the other members of the Board shall discharge said duties without his assistance, or if the membership of the Board is unduly depleted, the Governor-General may name some disinterested elector of the city to act on the Board in such matters in his stead.

[1582-2; 2606.]

SECTION 491. Participation of Township in Election Hereunder. – All townships entitled to participate in the election of any public officer in conformity with the provisions of this chapter shall be deemed to be municipalities within the meaning hereof; and for the accomplishment of the requirements of this law, township councils and township officials shall discharge the duties herein made incumbent upon similar municipal functionaries, except that the powers conferred upon municipal councils in respect to the appointment of the board of inspectors and the establishment of election precincts shall be exercised by the provincial board; and it shall be the duty of the provincial board to exercise these powers sufficiently in advance of the times herein prescribed to make sure the accomplishment of the purposes of this law.

In the regularly organized provinces only the township of San Quintin in Ilocos Sur shall participate in the election of Assemblymen and provincial officers, and the other townships contained in said provinces shall be governed, in the election of township officers, by the provisions of sections two thousand two hundred ninety-eight to two thousand three hundred and five of this Code.

[2045-3; 2498-1.]

SECTION 492. Electoral Relations of Outlying Community Endowed with Franchise. – When the right to exercise the elective franchise in the election of members of the Philippine Legislature or of any provincial officer is conferred by law upon the inhabitants of any outlying settlement, barrio, or district not forming a part of an organized municipality or township, such settlement, barrio, or district shall, for election purposes only, be considered a part of the township or municipality to which it is contiguous or to which it is most conveniently accessible, to be determined by the provincial board.

The right to participate in the election of members of the Philippine Legislature and provincial officers having been conferred upon the inhabitants of the settlement of Linapacan, in the province of Palawan, said settlement shall, for election purposes only, be considered a part of the township of Coron, in said province.

[2606-1.]

SECTION 493. Acquisition of Franchise Incident to Territorial Changes. – When a settlement or other unorganized territory is merged into an existing municipality or township or formed into a new one, either by legislative act or executive order, its inhabitants thereby acquire the right to participate in the election of public officers to the same extent as the inhabitants of other municipalities or townships in the same province.

SECTION 494. Time for Holding Quadrennial General Election. – A general election shall be held on the first Tuesday in June of every leap year, upon which occasion officers shall be elected to fill all provincial, subprovincial, municipal, and township elective offices, and the office of Delegate to the Philippine Assembly.

[2170-1.]

SECTION 495. Postponement of Election. – When rebellion, sedition, ladronism, epidemic, public calamity, or analogous cause makes the holding of an election in any province, district, municipality, or other political subdivision impossible or impracticable, the Governor-General, with the consent of the Upper House of the Philippine Legislature, may postpone the election therein for such time as is deemed necessary.

[1582-3.]

SECTION 496. Filling of Elective Offices in New Political Division. – When a new political division is created the inhabitants whereof are entitled to participate in the general election, the elective officers thereof shall be chosen at the next general election. In the interim such offices shall, unless otherwise provided, be filled by appointment of the Governor-General, who shall have the power to fix the salaries of such appointees, if not determined by law.

But the Governor-General may also, in the exercise of his discretion, and especially if a general election is not presently impending, order a special election to be held not more than three months after the call, and at such special election a full complement of local elective officers shall be chosen.

The Governor-General may likewise order a special election after having first appointed temporary officers, and in such case the officers chosen at the special election shall supersede the temporary appointments to the elective offices.

[1582-4; 1748-1.]

SECTION 497. Notice of Special Election. – The Executive Secretary, upon the filing in his office of the Governor-General’s proclamation ordering a special election, shall forthwith make and transmit to the treasurer of each province a notice under his hand and official seal, stating the day upon which such election shall be held and stating each office to be voted for at such election by the electors of the political division affected. If any such officer is to be elected to fill a vacancy, the notice shall so state and shall state the term for which such office is to be filled. The provincial treasurer upon the receipt of such notice shall forthwith file and record the same in his office and cause a copy thereof to be mailed to the secretary of each municipality affected. Each municipal secretary upon receipt thereof shall forthwith file and record the same and shall cause at least three copies thereof to be posted in three conspicuous public places in each election precinct of such municipality and one copy thereof at the municipal building.

[1582-11.]

SECTION 498. Expenses of Elections. – The pay of election boards and the expense of stationery, ballots, and all other expenses of election shall be paid out of the treasury of the municipality in which the election is held.

[1582-19.]

The expenses incident to the holding of the first election in a new municipality shall be advanced, so far as necessary for the proper conduct of the election, by the province, and such advances shall be afterwards collected from the municipality by the province.

[1582-4.]

SECTION 499. Posting of Election Law at Polling Place. – A printed copy of the Election Law in English and Spanish shall be posted in a conspicuous position in every polling place on all registration and election days, so that it may be readily consulted by any voter or person offering to register.

[1582-9.]

ARTICLE II

General Provisions Relative to Elective Officers and Offices

SECTION 500. Limitation Upon Reëlection to Same Office. – The incumbent of any elective office may become a candidate to succeed himself; but a second reëlection to a provincial, municipal or township office is prohibited, except after the lapse of a full term.

[2045-2.]

SECTION 501. Certificate of Candidacy. – No person shall be eligible for election as Delegate to the Assembly or for election to a provincial office unless, within the time fixed by law, he shall file with the proper provincial board a duly verified certificate of candidacy.

Said certificate shall declare that the person whose signature it bears announces, or permits to be announced, his candidacy for the position in question; that he is a resident of the Assembly district or of the province, as the case may be, in which his candidacy is offered; that he is a duly qualified elector therein; and that he is eligible to the office. The certificate shall also state the name of the political party to which the candidate belongs, or that he belongs to none, if such be the case.

[2045-7.]

SECTION 502. When Certificate to be Filed. – The certificate of candidacy contemplated above shall be filed with the provincial board of the province not less than ten days before the day set for the election; but when the death or disqualification of any candidate who has duly announced his candidacy occurs within the fifteen days next preceding the day of election, it shall be lawful for any other duly qualified person to file with said board on or before noon of the day of election, a certificate of his candidacy for the position for which the deceased or disqualified person, was a candidate.

Upon receipt of any certificate of candidacy it shall be the duty of the provincial board to spread a copy of the same upon the minutes of the next succeeding meeting of said board, and promptly to mail a copy to the Executive Secretary. The original shall be filed with the official records of the province.

[2045-7.]

SECTION 503. Official Acts of Person Ineligible to Office. – When an ineligible person is elected to and assumes office, his official acts done prior to his removal from office shall be valid.

[1582-12.]

SECTION 504. Removal of Disqualification Incident to Non-Payment of Taxes. – A person disqualified for office by reason of the non-payment of taxes may remove such disqualification by paying the delinquent taxes after election and before the date fixed by law for assuming office, but not afterwards.

[1582-12.]

SECTION 505. Removal of Ineligible Person from Office. – Where an ineligible person is elected to and assumes office he shall be removed therefrom in the following manner immediately upon the discovery of his ineligibility:

Any member of a provincial board or other person who has information that the provincial governor or an elective member is ineligible shall at once report the matter to the Governor-General who shall order an investigation by such officer or officers as he may appoint for the purpose, giving the official in question opportunity to present evidence in his own behalf, and upon receiving the report the Governor-General shall declare the office vacant or dismiss the proceedings, as the facts may warrant.

Any councilor or other municipal officer or other person who has information that a municipal officer is ineligible shall immediately report the matter to the municipal council which shall hold an investigation giving the officer opportunity to present evidence in his favor. The council shall declare the office vacant or dismiss the proceedings, as the facts may warrant. A record of the proceedings and evidence shall be kept and forwarded to the provincial board which, within thirty days, shall affirm or reverse the action of the council.

[1582-12.]

The Governor-General, upon receipt of proof satisfactory to him that an ineligible person is holding any provincial or municipal office or employment, may summarily remove such person.

[1726-2.]

ARTICLE III

Election Precincts

SECTION 506. Precincts to be Established by Municipal Council. – The unit of territory for the purpose of voting is the precinct, and each municipality shall have at least one.

The municipal council of each municipality shall fix the limits of all the precincts, if there are more than one, within its territory; and this whether the territory of the various barrios of the municipality is contained wholly within one Assembly district or is assigned to more than one such district.

[1582-8; 2045-6.]

SECTION 507. Arrangement of Precincts. – The precincts shall be so arranged that no precinct shall have more than four hundred voters, and each shall comprise, as far as practicable, contiguous and compact territory.

When it appears from the results of any registration or election that a precinct contains more than four hundred voters, the municipal council shall, at least four months prior to the next election, make such adjustment or new division as may be necessary.

When an old municipality which has previously had only one precinct has been merged into another, so as thereby to become a barrio, this barrio shall also constitute at least one voting precinct, if the distance between the remotest barrio of the merged municipality and the nearest polling place of the municipality to which it is annexed shall, by the shortest road, exceed five miles.

[1582-8; 2045-6.]

SECTION 508. Posting Map or Plan of Precincts. – Maps or plans plainly showing the boundaries of the precinct shall be posted and kept posted at the polling place or places and at two other conspicuous public places in each precinct for at least forty-five days before each election, and the plans of all the precincts of the municipality shall be kept posted at the municipal building for the same number of days before each election.

[1582-8; 2045-6.]

When the municipal council rearranges the precincts, or creates a new one, notice of such change shall be filed with the provincial treasurer together with a map or plan of the several precincts as changed.

[2045-6.]

SECTION 509. Posting Map or Plan of Assembly District. – In those provinces which are subdivided into Assembly districts the respective provincial boards shall cause to be prepared an outline map or plan of each district, showing the location and names of the municipalities, or portions thereof, included in the district. These shall be filed with the Executive Secretary, and a copy of each shall be kept posted for ninety days prior to the election at the municipal building and in at least two other conspicuous public places in each municipality.

[2045-5.]

SECTION 510. First Election in New Municipality. – For the first election in a new municipality the provincial board shall divide the new territory into election precincts and shall appoint the necessary inspectors of election and poll clerks and a suitable person to perform the duties of municipal secretary with respect to such election, all of whom shall act until their successors are chosen and qualified, and shall designate the necessary polling places and provide the supplies for such election, the expense of all of which shall be payable by the new municipality.

[1582-4.]

ARTICLE IV

Polling Places

SECTION 511. Designation and Arrangement of Polling Places. – At least sixty days before each general election the municipal council in each municipality in which such election is to be held shall designate in each election precinct a place, as centrally located with respect to the residences of the voters as is practicable, where the elections and the meetings of the board of inspectors for registration shall be held during the year. Each place so designated shall, if practicable, be a room upon the lower floor, of reasonable size, sufficient to admit and comfortably accommodate twenty electors at one time outside the guard rails. No liquors shall be sold or cockfights held in any building so designated from the time of designation until the day after election. If for any cause a place so designated shall thereafter and before election be destroyed or for any cause cannot be used, the municipal council shall forthwith meet and designate some other suitable place for holding such registry and election. Not more than one polling place shall be in the same room, and not more than two polling places shall be in the same building. The municipal council shall provide for each polling place at each election the necessary ballot and other boxes, guard rail, booths, stationery and supplies necessary for the lawful conduct of each registration and election thereat; shall preserve the same when not in use and shall deliver all such ballot or other boxes for each polling place at the opening of the polls of each election. Whenever the municipal council shall be unable to procure suitable places, or whenever it shall be more economical so to do, such council may provide temporary or portable structures adequate to the purpose, and shall take such measures as are proper and necessary for the storing thereof and reëlection of the same at the following election. Such structures may be erected in any public street or plaza, but not so as to block traffic thereon. No building owned or inhabited by any person who is a candidate for any office for which votes are to be cast in any precinct shall be used as a polling place for that precinct.

[1582-9.]

SECTION 512. Voting Booths. – There shall be in each polling place during each election a sufficient number of voting booths not less than one for every fifty voters in the election precinct. Each such booth shall be at least one meter square, shall have four sides inclosed, each at least two meters high, and the one in front shall open and shut as a door swinging outward and shall extend to within fifty centimeters of the floor. Each such booth shall contain a shelf which shall be thirty centimeters wide extending across one side of the booth at a convenient height for writing, and shall be kept furnished with indelible pencils to enable the voters conveniently to prepare their ballots for voting. Each booth shall be kept clearly lighted, by artificial lights if necessary, while the polls are open and until the voting has ended.

A guard rail shall be placed at each polling place at least two meters from the ballot boxes and from the booths, and no ballot box or booth shall be placed within two meters of such rail, and each guard rail shall be provided with an entrance and exit, the one separate from the other. The arrangement of the polling place shall be such that the booths can only be reached by passing within the guard rail, and that the booths, ballot boxes, election officers, and every part of the polling place, except the inside of the booths, shall be in plain view of the election officer and of persons just outside the guard rail. Each booth shall be so arranged that there shall be no access thereto except by the door in the front of said booth.

[1582-9.]

SECTION 513. Liquors, Cockfighting, Etc.. – No intoxicating liquors shall be sold or dispensed, nor allowed to be sold or dispensed, within thirty meters of any polling place on any registration day nor within one hundred and fifty meters of any polling place on any election day during the hours for voting and counting the votes.

No temporary booths, tents, or shelters of any kind for the sale or display of any wares, merchandise, or refreshments, solid or liquid, or for any other purpose whatsoever, shall be erected or maintained on said days, within said thirty meters, during the hours aforesaid; nor shall any cockfight be held in any municipality upon any election day.

[1948-2.]

ARTICLE V

Board of Inspectors

SECTION 514. Appointment of Inspectors and Poll Clerk. – It shall be the duty of the municipal council in each municipality wherein a general election is to be held to appoint, ninety days immediately prior to the date of such general election, three inspectors of election and one poll clerk for each election precinct therein, who shall hold office for four years. Should there be in such municipality one or more political parties or branches thereof which shall have polled thirty per centum or over of the votes cast at the preceding general election, then two of the inspectors shall belong to the party which polled the largest number of votes in said municipality at such preceding election and the other inspector shall belong to the party which polled the next largest number of votes at said election; and the inspectors so appointed shall be persons proposed by the representative or representatives of such political parties.

[2045-8.]

In case of a vacancy in the office of inspector of election or poll clerk the same shall be filled for the remainder of the term by the municipal council.

[2330-1.]

No person who holds any public office, or is a candidate for public office, shall be eligible to appointment as inspector or poll clerk.

[1582-15.]

SECTION 515. Disqualification of Inspector. – Any person appointed as inspector who accepts appointment and qualifies for the office may not be appointed to any other office unless one year shall have elapsed from the last election in which he acted as inspector and he shall have resigned the office prior to his appointment.

[2330-1.]

SECTION 516. Qualifications of Inspectors and Poll Clerks – Oath of Office. – All persons appointed inspectors of election or poll clerks shall be qualified electors of their respective precincts, of good character, not convicted of an offense involving moral turpitude and able to read, write, and speak either English, Spanish, or the local dialect understandingly. The persons so appointed shall be notified and shall each take and subscribe before the municipal secretary the following oath of office within twenty days after the date of the notice of appointment:

PHILIPPINE ISLANDS, } ss. Municipality of _____________}

OATH OF INSPECTOR OR CLERK.

I, _________, do solemnly swear (or affirm) that I will faithfully and fairly perform the duties of inspector of election (or poll clerk) for the ______ precinct of _________ to the best of my knowledge, understanding and ability; that I recognize and accept the supreme authority of the United States of America in these Islands and will maintain true faith and allegiance to the United States of America; that I will support the Government and laws of the United States of America and of the Philippine Islands; that I will honestly and justly administer my duties according to the Election Law without prejudice or favor toward any person, candidate, party, society, or religious sect, and that I take this oath freely and without evasion or mental reservation whatsoever. So help me God.

(In case of affirmation the words “So help me God” should be stricken out.)

_____________________ (Signature.)

Sworn to before me this ____ day of ________, 19_____.

________________________________ (Signature of officer administering oath.)

[1582-15.]

SECTION 517. Certificate of Appointment as Inspector or Poll Clerk. – A person appointed and sworn into office as inspector of election or poll clerk shall receive a certificate of appointment from the municipal president in such form as he shall prescribe, specifying the election precinct, the name of the person appointed and the date of the expiration of his term of office.

[1582-15.]

SECTION 518. Organization of Board of Inspectors – Filling of Temporary Vacancy. – Before otherwise entering upon their duties the inspectors of each precinct shall meet and appoint one of their number chairman, or, if a majority shall not agree upon such appointment they shall draw lots for such position.

If at the time of any meeting of the inspectors there shall be a vacancy in the office of any inspector or poll clerk, or if any inspector shall be absent from any such meeting, except as provided in section five hundred and thirty-four hereof, the inspector or inspectors present shall appoint a qualified elector of the precinct who, in case of an inspector, shall be a member of the same political party as the absent inspector, to fill such vacancy until such absent officer shall appear or the vacancy be filled.

The board of inspectors shall act through its chairman upon a majority vote of the members, the poll clerk having neither voice nor vote in its proceedings.

[1582-15.]

SECTION 519. Designation of Inspectors by Qualified Voters of Precinct. – If at any such time the offices of inspectors are all vacant, or if no inspector shall appear within one hour after the time fixed by law for the opening of such meeting, the qualified electors of the precinct present, not less than ten, may designate three qualified voters of the precinct to fill such vacancies, or to act in the place of such inspectors respectively until the absent inspectors respectively appear or their vacancies are filled by the council as hereinabove provided. In case of the filling of vacancies by the inspectors, or by the qualified voters of the precinct, the inspectors so appointed shall take the oath before the chairman of the board, or if he be not present shall administer it among themselves, and such oaths shall be forwarded forthwith to the municipal secretary for filing.

[1582-15.]

SECTION 520. Preservation of Order by Inspectors. – All meetings of the board of inspectors shall be public. The said board and each individual member thereof, shall have full authority to preserve peace and good order at such meetings and around the polls, and to keep the access thereto open and unobstructed, and to enforce obedience to their lawful commands during their meetings. The said board may appoint one or more electors to communicate their orders and directions and to assist in the performance of their duties in this section enjoined. If any person shall refuse to obey the lawful command of the inspectors, or by disorderly conduct, in their presence or hearing, shall interrupt or disturb their proceedings, they may make an order in writing directing any peace officer to take the person so offending into custody and detain him until the adjournment of that meeting; but such order shall not be so executed as to prevent the person so taken into custody from exercising his right to vote at such election. Such order shall be executed by any peace officer to whom the same shall be delivered; but if none shall be present, by any other person deputed by such board in writing.

[1582-16.]

SECTION 521. Pay of Inspectors and Clerk. – Each inspector of election shall receive pay for each day of actual service at meetings of the board except the meeting on the Saturday before election and shall receive two days’ pay for election day. Each poll clerk shall receive pay for each day of his service during the absence of a member and two days’ pay for election day. The rate of pay shall be fixed by the municipal council but shall not be less than two nor more than five pesos per day and shall not be changed during the term of office of the inspectors or of the clerk.

[1582-19.]

ARTICLE VI

Conditions and Manner of Registration

SECTION 522. Registration as Prerequisite of Right to Vote. – No person shall vote at any general or special election held under the provisions of this chapter unless his name appears upon the list of voters as completed by the board of inspectors.

[5582-17.]

SECTION 523. Time for Registration of Voters. – The board of inspectors for each election precinct in which an election is to be held shall hold four meetings for the registration of voters at the place designated therefor before each general election, on the sixth Friday, sixth Saturday and the fifth Friday and fifth Saturday before the election. The said inspectors shall also meet upon the Saturday next before election for the purpose of correcting this list, by adding names thereto or striking names therefrom in accordance with the orders of the constituted authorities, as hereinafter provided, and to number and complete the list. Each meeting except the last shall begin at seven o’clock in the morning and continue until seven o’clock in the evening with not more than one intermission of one hour and a half.

[1582-17.]

SECTION 524. Mode of Registration – Contents of List. – The inspectors of each election precinct shall prepare at such meetings a list of the names and residences of the persons qualified to vote in such precinct at such election who present themselves for registration, which, when finally completed, shall be the register of the voters of the precinct for such election. Such lists shall be arranged in columns. In the first column there shall be entered, at the time of the completion of the registry, a number, opposite the name of each person registered, beginning with one and continuing in consecutive order to the end of the list. In the second column shall be placed the surname used generally by such persons in alphabetical order; in the third column the respective Christian names of such persons; in the fourth column the respective numbers of the cedulas of such persons for the calendar year in which the election is held; in the fifth column the respective residences of such persons by street and number or, if there be none, by a brief description of the locality thereof; in the sixth column the qualification or qualifications by virtue of which he has taken the elector’s oath.

[1582-17; 2045-9.]

At each meeting, except the last, a space shall be left after each set of surnames beginning with the same letter sufficient for the addition thereto at subsequent meetings of surnames beginning with the same letter. Before any such names are added at any such subsequent meeting there shall be written “added at the second meeting”, “added at third meeting”, or “added at fourth meeting”, as the case may be.

[1582-17.]

SECTION 525. Exhibition of Cedula for Current Year. – Before any name is placed upon the list the applicant for registration must first exhibit to the inspectors his cedula for the calendar year in which the election is held or, should he be exempt from having one by reason of age, such fact shall be noted in the fourth column of the list.

[1582-17.]

SECTION 526. Oath of Applicant for Registration. – The following oath shall be administered to and subscribed by each applicant before entering his name upon the list:

PHILIPPINE ISLANDS, ____________} ss. Municipality of ______________}

ELECTOR’S OATH.

I, _______________, do solemnly swear (or affirm) that I am a male resident of the municipality of ________, in the Province of ________, residing at ____________, and on the date of the forthcoming election I will be ______ years of age, and should I present myself to vote I will have resided in said municipality continuously for the period of six months immediately preceding the said election; that I am not citizen or subject of any foreign power; that I have read (or heard read) sections five hundred and twenty-eight and five hundred and twenty-nine of the Election Law, and that I have the qualifications of a voter, and none of the disqualifications, prescribed in said sections; that I am not delinquent in the payment of any public taxes assessed against or due from me since August thirteenth, eighteen hundred and ninety-eight, in any part of the Philippine Islands; furthermore, that I recognize and accept the supreme authority of the United States of America in the Philippine Islands, and that I will maintain true faith and allegiance thereto; that I will obey the laws, legal orders, and decrees duly promulgated by its authority; and that I impose upon myself this obligation voluntarily and without mental reservation or purpose of evasion. So help me God.

(In case of affirmation, the words “So help me God” should be stricken out.)

__________________ (Signature of elector.)

Subscribed and sworn to (or affirmed) before me this ___________ day of __________, 19_______.

___________________________________ Inspector of Election, ___ Election Precinct, Municipality of _________________

Such oath may be administered by any one of the inspectors, but only at a meeting and in presence of the board. Upon completion of the lists by the board of inspectors all such oaths so taken shall be filed with the municipal secretary who shall retain them until the completion of the registration lists and filing of the oaths for the next general election.

[1582-17.]

SECTION 527. Who may be Registered. – The names of all persons who have complied with the requirements of the last two preceding sections hereof shall be placed upon the registration lists provided they have the qualifications prescribed for voters in the next succeeding section hereof and none of the special disqualifications mentioned in the next succeeding section but one.

A person not having, at the time of registration, the requisite qualification as to age or the period of his residence in the municipality shall also be registered if it be shown that at the time of the ensuing election he will have such qualification.

[See 1582-13.]

SECTION 528. Qualifications Prescribed for Voters. – Every male person twenty-three years of age or over who has had a legal residence for a period of six months immediately preceding the election in the municipality in which he exercises the suffrage, and who is not a citizen or subject of any foreign power, is entitled to vote in all elections if comprised within either of the following three classes:

(a) Those who, prior to the thirteenth of August, eighteen hundred and ninety-eight, held the office of municipal captain, gobernadorcillo, alcalde, lieutenant, cabeza de barangay, or member of any ayuntamiento.

(b) Those who own real property to the value of five hundred pesos, or who annually pay thirty pesos or more of the established taxes.

(c) Those who speak, read, and write English or Spanish.

Officers, soldiers, sailors, or marines of the Army or Navy of the United States shall not be considered as having acquired legal residence in a municipality by reason of being stationed therein.

[1582-13.]

SECTION 529. Disqualification. – The following persons shall be disqualified from voting:

(a) Any person delinquent in the payment of any public tax that may have accrued within six years.

(b) Any person who has been deprived of the right to vote by the sentence of a court of competent jurisdiction since August thirteenth, eighteen hundred and ninety-eight.

(c) Any person who has violated an oath of allegiance taken by him to the United States.

(d) Any person who, on the first day of May, nineteen hundred and one, or thereafter, was in arms in the Philippine Islands against the authority or sovereignty of the United States, whether such person be an officer, soldier, or civilian.

(e) Any person who, since the last day of March, nineteen hundred and one, has made or hereafter shall make contribution of money or other valuable thing in aid of any person or organization against the authority or sovereignty of the United States, or who shall demand or receive such contribution from others, or who shall make any contribution to any person or organization hostile to or in arms against the authority or sovereignty of the United States, for the purpose of securing any protection, immunity, or benefit.

(f) Any person who, since the last day of March, nineteen hundred and one, has or hereafter shall in any manner whatsoever give aid and comfort to any person or organization in said Islands in opposition to or in arms against the authority or sovereignty of the United States.

(g) Insane or feeble-minded persons.

The provisions of subsection (d) shall not apply to those persons who surrendered in Cebu to Brigadier-General Hughes or to those who were on October thirty-first, nineteen hundred and one, inhabitants of the town of Pilar in the Province of Sorsogon.

The provisions of subsections (d), (e), and (f) shall not apply to acts done prior to the surrender by persons who surrendered to Brigadier-General Samuel Sumner in the Province of Laguna in the month of June, nineteen hundred and one.

The disqualifications prescribed in the foregoing subsections (d), (e), and (f) shall not apply to persons who have received the benefits of an amnesty and have not since committed any of the acts set forth in said subsections.

[1582-14.]

SECTION 530. Certificate of Inspectors – Disposition of Lists. – At the close of each meeting for the registration of voters the inspectors shall append to each of the lists a certificate, signed by all of them, stating that the list as it then appears is a true and correct list of the names and residences in such precinct of all persons who have personally appeared before the board and who have requested that their names be placed thereon and who are qualified at the forthcoming election.

One copy of such list, so certified, shall be deposited temporarily in the office of the municipal secretary on the Monday following the second and fourth meetings to be open to the inspection of the public until the next meeting, or until election day, as the case may be, and the other copies shall be retained by the inspectors who shall permit their inspection by qualified voters of the precinct from eight o’clock in the morning to five o’clock in the afternoon on all days except Sundays and legal holidays.

[1582-17.]

SECTION 531. Challenge of Voter’s Right to be Registered. – Any person who applies for registration, or who is registered, may, at any of the first four meetings of the board, be challenged by any inspector, qualified voter, or candidate, or representative of such candidate authorized in writing.

[2045-10.]

The board shall thereupon examine the challenged party and take such other evidence as shall to it seem necessary with respect to his qualifications and disqualifications; and it shall at the conclusion of such examination order his name to be placed upon the list, or stricken therefrom, or to remain thereon, as the facts warrant and the situation requires. All such questions shall be heard and decided without delay.

[1709-4.]

On the determination of the matter the board shall, if requested, issue to either party a brief certificate and statement of its action in the matter and of the evidence upon which such action is based.

[1582-17.]

SECTION 532. Power of Board to Take Evidence. – For the purpose of determining the right of persons to be registered or to have their names remain upon the registration lists, boards of inspectors shall have the same authority to administer oaths, subpoena witnesses and compel their attendance and testimony as is possessed by justices of the peace, but the fees of such witnesses and for service of process shall be paid in advance by the party in whose behalf they are subpoenaed.

[1582-17; 1709-4.]

SECTION 533. Application to Provincial Board or Judge of First Instance. – Any person who may be refused registration or any party to a challenge questioning the right of another person to be registered may apply to the provincial board of the province or to any judge of first instance in the judicial district for an order directing the board of inspectors to take the action deemed proper. Such application shall be made by filing with said provincial board, or with said judge, as the case may be, a copy of the certificate and statement aforesaid, together with proof of service of a notice of such application upon a member of the board of inspectors, which notice shall state the time and place and tribunal to which such application will be made.

[1709-4.]

SECTION 534. Application to Strike Names from List. – After the fourth day of registration, and not later than ten days before the Saturday next before election, any qualified elector in the precinct may apply to such judge or provincial board for an order striking from the list the names of any person or persons claimed to be erroneously or wrongfully registered.

Written notice, stating the time and place of the application and the tribunal to which it will be made, must be served on one member of the board of inspectors and on each voter whose right to be registered is called in question, if he can be found.

Such application may be accompanied by affidavits in support thereof; but copies of all such affidavits shall be served upon the board of inspectors or party in interest with the notice of application and may be rebutted by affidavits to be filed by the board of inspectors or the opposing party Upon such application the board of inspectors may be represented by the provincial fiscal, or it may delegate one of its members to appear upon the hearing, and in that case the necessary travel expenses of such member, not to exceed the amount allowed the provincial officials in that province, shall be paid by the municipality. During the absence of such inspector the poll clerk shall sit with the board for the purpose of preparing the list of the absent inspector.

[1709-4.]

SECTION 535. Finality of Order Made by Judge. – The provincial board or judge to whom application is made as contemplated above shall have jurisdiction to determine the matter; and when the application is made to a judge, his decision shall be controlling and final, notwithstanding any decision of a provincial board to the contrary.

[1582-17.]

SECTION 536. Final Meeting of Board of Inspectors. – At the meeting of the board of inspectors on the Saturday preceding the election, the official lists as prepared by the inspectors shall each be corrected in conformity with the order, or orders, of the proper authorities, if any such have been made, by adding names thereto or striking names therefrom, as may be required; and in each copy of the registration list shall be added a note opposite the name of each person added to or stricken off the list showing the date of the order and the name of the tribunal that issued it. No name shall be added to or stricken from the list at the last meeting except in pursuance of such order.

At this final meeting the names comprised in the completed lists shall be numbered in sequence.

[1582-17.]

SECTION 537. Registration for Special Election. – Prior to a special election one meeting, and no more, shall be held for purposes of registration. This meeting shall take place ten days before the day designated for the election. The register of voters for the last preceding general election – as supplemented at any previous registration for a special election that may have intervened – shall serve as the basis of the registration in question; and to such prior register shall be added the names of persons presenting themselves for registration who may be known or proved to be entitled to vote at the ensuing special election The register as thus completed shall be the official register for the special election.

[1582-18.]

SECTION 538. Question as to Right of Voter to be Registered. – At any special registration, and at any time thereafter prior to the impending election, the right of any voter to be registered or to have his name remain on the registration list may be drawn in question and determined in substantial conformity with the procedure prescribed in regard to such matter under the general registration; and if application is made to a judge or provincial board, such notice shall be given as may be practicable or as may be required in the discretion of the judge or provincial board to whom application is made. In such case the board of inspectors shall comply with the order of the judge, or provincial board, in regard to the adding or striking out of names, at any time before the election or on election day.

ARTICLE VII

Official Ballots

SECTION 539. Official Ballots. – Official ballots shall be provided at public expense for every election held under this chapter. There shall be at each polling place but one form of ballot, which shall be of ordinary white printing paper in shape a strip one hundred and fourteen millimeters wide and three hundred and four millimeters long, and contain a printed heading of the title of each office to be voted for and the number of candidates for which the voter may vote, with a corresponding number of spaces underneath the title Such titles shall be printed both in Spanish and English in ten point (long primer) roman type and at the top of the ballot shall appear in eight point (brevier) gothic type both in English and Spanish the legend “Do not make any mark on this ballot or write anything thereon but the names of the candidates you vote for. Any violation of this instruction will invalidate the ballot.” The ballots shall be folded three times toward the top, so that they shall be one hundred and fourteen by thirty-eight millimeters when folded. Upon the upper outside fold there shall be printed in type which shall be discretionary with the Director of Printing, but which shall be uniform throughout the Islands, the words “Official Ballot”, a representation of the coat of arms of the Philippine Islands, the election precinct in which the particular ballot is intended to be used, and the date of the election, such ballots to be in substantially the following form:

[Official Ballot]

SECTION 540. Emergency Ballots. – No other ballot than the official ballot shall be used or counted, except that in case of failure to receive the ballots, or their destruction at such time as shall render it impracticable to procure from the Director of Printing a new supply, the provincial board or, if there be not time therefor, then the municipal council, shall procure from any available source another set which shall be as nearly like those prescribed in this section as circumstances will permit and which shall be uniform within each election precinct.

[1582-20.]

SECTION 541. Use of Sample Ballots. – For each election precinct at least thirty sample ballots printed upon colored paper but in other respects like the official ballots shall be furnished the board of inspectors for posting and use in demonstrating how to fill out and fold the official ballots properly. Five of such sample ballots shall be posted in public places within the precinct, including one at the polling place. In such demonstration the names of actual candidates shall not be written on such ballots nor shall such ballots be used for voting nor counted.

[1582-20.]

SECTION 542. Requisition for Official Ballots. – The ballots shall be furnished by the Director of Printing at the expense of the municipality upon requisition therefor by the provincial treasurer in the usual form, which requisition shall be for such a number of ballots for each voting precinct as will provide one and one-half as many ballots as there were persons registered in the precinct at the last preceding election and ten per centum additional. The requisition shall specify what offices are to be filled in each precinct.

In the case of newly formed precincts the requisition shall be for a number of ballots in like proportion to the estimated number of qualified voters in the precinct as adopted by the council.

The requisitions shall be forwarded at least two and one-half months before the date of the election.

In the case of special elections the Executive Secretary shall require the Director of Printing to furnish the requisite ballots in the same quantities as were requisitioned for the last regular election.

[1582-20.]

ARTICLE VIII

Opening of Polls and Casting of Ballots

SECTION 543. Hours During which Polls shall be Open. – At all the elections held under the provisions of this chapter the polls shall be open from seven o’clock in the morning until six in the afternoon, during which period not more than one member of the board of inspectors shall be absent at one time, and then for not to exceed twenty minutes at one time.

[1582-21; 2045-11.]

If it should become necessary to make room for more ballots the chairman may open the box in the presence of all the board and press down the ballots with his hands without removing any therefrom; he shall then close, lock and seal the box, as hereinafter provided. In case of the destruction of the boxes or the failure to deliver them at the polling place, the board of inspectors shall immediately provide other boxes or receptacles as nearly as possible adequate for the purposes for which intended.

[1582-21.]

SECTION 544. Formalities Incident to Opening of Polls and Conduct of Election. – The inspectors of election and poll clerks shall meet one-half hour before the time fixed for the opening of the polls at the place designated, and shall then and there have the ballot box, box for spoiled ballots, the ballots and all other supplies provided by law. At the opening of the polls the ballot box and box for spoiled ballots shall be opened by the chairman, emptied and exhibited to all the members and other voters present, and, being empty, shall be closed, locked, and a seal placed over the lock, and the boxes shall be kept closed and sealed until the polls are closed, when the ballot box shall be opened to count the votes.

[1582-21.]

SECTION 545. Persons Allowed in and Around Polling Place. – While the polls are open no person other than members of the board of inspectors, poll clerk, or necessary police, Constabulary, or other peace officer who may be present at the request of the board to execute its orders, or to serve the process of a court, or to act as messenger, and voters receiving or depositing their ballots, shall be allowed within the guard rail in the polling place.

No persons other than the persons mentioned above and voters waiting to vote or voting shall remain, during the time the polls are open, within the distance of thirty meters of the polling place, nor shall any person solicit votes or do any electioneering within such distance.

[1582-21.]

SECTION 546. Persons Prohibited from Influencing Elections. – No judge of first instance, justice of the peace, or treasurer, fiscal, or assessor of any province and no officer or employee of the Philippine Constabulary or of the Bureau of Education shall aid any candidate or exert influence in any manner in any election or take part therein otherwise than by exercising the right to vote, under penalty of being deprived of his office and being disqualified to hold any public office whatever for a term of five years.

[1948-3.]

SECTION 547. Prohibition Against Interference by Police in Election. – No member of the municipal police shall in any manner intervene in any election, except for the maintenance of public order. Any member of the police entitled to vote may do so, but shall not act as election officer nor solicit votes for any candidate.

[2169-32.]

SECTION 548. Method of Voting – Delivery of Ballot. – While the polls are open the voters who are entitled to vote and who have not already voted at that election may enter within the guard rail of the polling place in such order that, besides the persons lawfully in such place for purposes other than voting, there shall not be within said place at any one time more than twice as many voters as there are voting booths therein. Upon entering, the voter shall give to one of the inspectors his name and residence together with such other information concerning himself as should appear on the registration list and may be requested of him by any of the inspectors. Said inspector shall then distinctly announce the voter’s name and residence in a tone loud enough to be plainly heard throughout the polling place. If such person be entitled to vote and be not challenged, or, if challenged and the same be decided in his favor, the poll clerk shall deliver to him one ballot correctly folded. No person other than an inspector or poll clerk shall deliver to any person any official ballot, and no inspector shall deliver or permit to be delivered any official ballot to any person other than a voter at the time of voting, as herein provided, nor more than one ballot to such voter at one time.

[1582-22.]

SECTION 549. Preparation of Ballot by Voter. – The voter on receiving his ballot shall forthwith retire alone to one of the empty polling booths and shall there prepare his ballot by writing in the proper space for each office the name of the person for whom he desires to vote. No voter shall be allowed to occupy a booth already occupied by another voter, or to occupy a booth more than eight minutes in case there are voters waiting to occupy booths, or to speak or converse with any one other than as herein provided while within the polling place. It shall be unlawful to erase any printing from the ballot or to add any distinguishing feature thereto, or to intentionally tear or deface the same, or to make any mark thereon other than the names of the candidates voted for.

[2045-12.]

SECTION 550. Preparation of Ballot for Disabled Person. – A voter otherwise qualified who declares that he cannot write, or that from blindness or other physical disability he is unable to prepare his ballot, may make an oath to the effect that he is so disabled and the nature of his disability and that he desires the inspectors to assist him in the preparation of such ballot. The board shall keep a record of all such oaths taken and file the same with the municipal secretary with the other records of the board after the election. Two of the inspectors, each of whom shall belong to a different political party, shall ascertain the wishes of the voter, and one of them shall prepare the ballot of the voter in proper form according to his wishes, in the presence of the other inspector, and out of view of any other person. The information thus obtained shall be regarded as a privileged communication.

[2045-12.]

SECTION 551. Disposition of Spoiled Ballots. – If a voter shall soil or deface a ballot so that it cannot lawfully be used, he shall surrender the same to the poll clerk, who shall, if necessary, give him, one at a time, not to exceed two more. Each ballot given to a voter shall be announced to the inspectors and a record thereof kept opposite the name of the voter in the registry list in a column provided for that purpose. Each spoiled ballot, as soon as returned, and without opening, shall be distinctly marked “spoiled” on the indorsement fold thereof and immediately placed in a ballot box similar to the official ballot box, which shall be plainly marked “spoiled ballots”, together with the name of the municipality and number of the election precinct in which used, which shall be used for no other purpose and which shall be kept locked, and at the close of election be sealed up and delivered to the municipal secretary.

No ballot, spoiled or otherwise, shall be taken from the polling place, except as hereinafter provided.

[1582-22.]

SECTION 552. Casting of Ballot. – After properly preparing his ballot, the voter shall immediately return to the poll clerk, who shall again announce his name and residence, and the chairman of the board shall receive the ballot and without exposing the contents, shall deposit it in the ballot box in the presence and view of the voter. The fact that he has voted shall be recorded by placing a mark opposite the voter’s name on each of the registration lists in a column provided for that purpose. The voter shall then depart.

[1582-22.]

SECTION 553. Challenge of Person Offering to Vote. – Any qualified voter of the election precinct, if he believes that any person who is not registered is offering to vote or that any person is offering to vote in the name of another, may challenge the vote of such person upon such ground, and the board shall thereupon take the oath of such person or otherwise satisfy itself whether or not the ground of challenge be true.

For the purpose of receiving and counting the vote it shall be sufficient if the person so challenged shall prove that he is the identical person duly registered as by law provided.

[1582-23.]

SECTION 554. Challenge Based on Ground of Recent Disqualification or Corrupt Practices. – A challenge of any person offering to vote may likewise be made by any qualified voter of the precinct upon the ground that the challenged voter has suffered disqualification under subsection (b), (c), (e), or (f) of section five hundred and twenty-nine hereof, subsequent to the date of registration. Where a challenge is made upon such ground the following oath shall be administered to the challenged person by one of the inspectors:

“I, __________, do solemnly swear (or affirm) that since the date of my registration as a voter I have not suffered disqualification under subsection (b), (c), (e), or (f) of section five hundred and twenty-nine of the Election Law and in particular that I have not suffered and am not subject to the disqualification upon which my right to vote is now challenged.”

A challenge of any person offering to vote may likewise be made by any qualified voter of the precinct upon the ground that the challenged voter is guilty of corrupt practices in connection with the impending election; in which case the following oath shall be administered to the challenged person by one of the inspectors:

“I, ___________, do solemnly swear (or affirm) that I have not received or offered, do not expect to receive, have not paid, offered or promised to pay, contributed, offered or promised to contribute to another, to be paid or used, any money or other valuable thing or consideration as a compensation or reward for the giving or withholding of a vote at this election, and have not made any promise to influence the giving or withholding of any such vote; and that I have not made, or become directly or indirectly interested in any bet or wager depending upon the result of this election.”

Upon the taking of the proper oath by a person whose right to vote is questioned in the manner contemplated in this section, the challenge shall be disallowed, but in case of his refusal to take such oath the challenge shall be sustained and his vote shall be rejected.

[1582-23.]

SECTION 555. Reception of Challenged Vote Not Conclusive in Judicial Proceeding. – The reception and counting of the vote shall not be conclusive upon any court of the legality of the registration or voting in an action against such person for illegal registration or voting.

[1582-23.]

SECTION 556. Record of Challenges and Certificate of Oaths Administered. – The inspectors of election shall keep a minute of their proceedings in respect to the challenging and administering of oaths to persons offering to vote, in which shall be entered, by one of them, the name of every person who shall be challenged; specifying in each case whether either of the oaths herein prescribed were taken. At the close of the election, at each polling place, the inspectors thereat shall add to such minutes a certificate to the effect that the same are all such minutes as to all persons challenged at such election, and shall file the same with the registration lists and statements of results of the election as hereinafter provided.

[1582-23.]

ARTICLE IX

Counting of Votes and Canvass of Returns

SECTION 557. Counting of Votes – Announcement of Results. – As soon as the polls of an election are closed the board of inspectors shall publicly count the votes and ascertain the result, and not adjourn or postpone the count until it shall be fully completed.

[1582-24.]

No member of the board or election officer shall, before the announcement of the result, make any statement of the number of ballots cast, the number of votes given for any person, the name of any person who has voted or who has not voted, or of any other fact tending to show the state of the polls, nor shall he make any statement at any time, except as a witness before a court, tending to show how any person voted.

[1582-21.]

SECTION 558. Official Watchers at Counting of Ballots. – During the counting of the votes by the board, a number of qualified voters of the precinct, not to exceed six, who shall represent as evenly as possible the opposing candidates voted for, and be named by such candidates, shall be allowed within the polling place, but not within the guard rail, as watchers. Such watchers shall be allowed to freely witness the count and to hear the proceedings of the board and to take notes of what they see and hear, but shall not touch the ballots nor converse with the inspectors or any of them, nor with each other in such manner as to interfere with or interrupt the proceedings.

[1582-21.]

Other persons than watchers and the officials attendant upon the counting shall be excluded.

SECTION 559. Preliminaries to Counting of Vote. – Before proceeding to count the ballots the board of inspectors shall first compare the registration lists and ascertain the number of persons who have voted as shown thereon. They shall then open the box of ballots cast and shall count the ballots therein contained without unfolding them or exposing their contents, except so far as to ascertain that each ballot is single, and shall compare the number of ballots found in the box with the number shown by the registration lists to have been deposited therein. If the ballots found in the box shall be more than the number of ballots so shown to have been voted, the ballots shall all be replaced, without being unfolded, in the box from which they were taken and shall be thoroughly mingled therein and one of the inspectors designated by the board shall, without seeing the same and with his back to the box, publicly draw out as many ballots as shall be equal to such excess, and without unfolding them place them in a package which shall be then and there securely sealed and marked “excess ballots”, together with the signatures of the inspectors, which package shall be returned in the box with the other ballots and shall not be opened except as hereinafter provided. If in the course of this examination two or more ballots shall be found folded together in such manner that they must have been so folded before being placed in the box, then they shall be removed therefrom and counted as a portion of the excess number hereinbefore mentioned. In case ballots marked “spoiled” are found in the ballot box they shall be placed with the spoiled ballots.

[1582-24.]

SECTION 560. Examination for Marked Ballots. – The ballots shall then be opened and examined for marked ballots, and if any such be found they shall be placed in a package securely sealed and inscribed “marked ballots” together with the signatures of the inspectors and be returned in the same manner as provided for excess ballots. Marked ballots shall in no case be counted, and a majority vote of the board shall be sufficient to determine whether any ballot is marked or not. In case any ballot or ballots shall be objected to by any inspector as marked and the board shall decide against such objection, such ballot or ballots shall be counted but shall be marked upon the indorsement fold in such manner as not to obliterate the feature objected to, with the words, “objected to by (adding the name of the objecting inspector) as marked”, and all such ballots, after the count, shall be placed in another separate package and returned in all respects as herein provided for marked ballots. No ballot that is not an official ballot shall be counted, except such as are voted in accordance with the provisions of section five hundred and forty hereof.

[1582-24.]

SECTION 561. Mode of Procedure in Counting Votes. – The board shall then proceed to count the votes in manner following:

The ballots shall be arranged in piles in front of the chairman, who shall take them one by one and read therefrom, in the order in which they appear thereon, the names of the persons voted for, and as soon as read shall hand them to one of the other inspectors, who shall be previously selected for that purpose by the board and shall be of the political party opposite to the chairman, if two parties are represented on the board, who shall verify the reading of the chairman. The other inspector and the clerk shall keep tally sheets upon forms which shall be prepared by the Executive Secretary for the purpose and furnished by the Director of Printing, on which they shall record as read, the names of all persons voted for for each office and the number of votes severally received by them, each vote being separately noted by a stroke on the tally sheet as the ballot is read. At the conclusion of the count the totals shall be verified by the chairman and the other inspector, and in case of disagreement a recount shall be made for such offices as may be necessary. The tally sheets shall not be changed or destroyed and shall be returned with the ballots in the ballot box. All counting shall be made in plain view of the watchers.

[1582-24; 1709-5.]

SECTION 562. Inspectors Statement and Certificate of Result. – Upon the completion of the count the inspectors shall make and sign a written statement thereof in quadruplicate, showing the date of the election, the name of the municipality and the number of the precinct in which it was held, the whole number of ballots cast for each person for each office, the whole number of ballots rejected as marked, and the whole number objected to because marked but not rejected, writing out at length in words and at the end thereof a certificate signed by the inspectors to the effect that the statement is in all respects correct. Every such statement shall be made upon a single sheet of paper, or if not so made, each sheet thereof shall be signed at the end thereof by the inspectors. Forthwith thereafter one copy thereof shall be filed with the municipal secretary, one shall be securely sealed and forwarded by the board by mail or special messenger to the provincial treasurer, and one shall be securely sealed and forwarded by the board to the Executive Secretary. One copy shall be retained in the custody of the inspectors.

Upon the completion of such count and of the statements of the result thereof, the chairman of the heard of inspectors shall make public oral proclamation of the whole number of votes cast at such election at such polling place for all candidates, by name, for each office.

[1582-24.]

SECTION 563. Mode of Transmission of Statement. – The statement forwarded to the provincial treasurer by the board of inspectors shall be sent by mail if the mails are reasonably regular and expeditious for the purpose, otherwise by a special messenger at the expense of the municipality. Delayed statements shall in all cases be forwarded as soon as possible.

[1582-25; 2582.]

SECTION 564. Boxes and Contents Returned to Municipal Secretary. – The ballots, together with the packages herein before referred to, shall be returned to the ballot box, which shall be securely locked and sealed and returned to the municipal secretary together with the statements. The spoiled ballots shall be returned to the spoiled-ballot box, if removed therefrom, and such box, similarly locked and sealed, shall be likewise returned. The unused ballots shall all be placed in a sealed package, marked with the date of the election, name of the municipality and the number of the district and similarly returned.

The statements, ballot boxes and unused ballots shall be returned to the municipal secretary immediately upon the completion of the count, if practicable, and the municipal secretary shall keep his office open until midnight of each election day for the purpose of receiving the same and shall provide, at the expense of the municipality, facilities therefor. If by reason of the length of time required for the count, or the distance to the secretary’s office, it shall be impracticable to return the same before midnight, they shall be retained by the chairman of the board and delivered unchanged and with the seals unbroken to the said secretary as early thereafter as practicable.

[1582-24; 2582.]

In case statements from all precincts are not filed the day after election, the municipal secretary shall notify the members of the delinquent boards of inspector to the file same.

[1582-25; 2582.]

SECTION 565. Preservation of Boxes. – The municipal secretary shall retain the box unopened in his possession until the final decision of any election contest, and in any event for six months, subject to the order of a court of competent jurisdiction or other officer specially authorized by law to open the same.

[1582-24.]

SECTION 566. Canvass of Returns by Provincial Board. – The provincial board shall meet as a board of canvassers as soon as practicable, but not later than thirty days after the elections, and the provincial treasurer shall then produce before it the statements filed with or delivered to him. If any statements be missing the board, by special messenger or otherwise, shall obtain such missing statement and shall direct the fiscal to institute criminal proceedings against the person or the persons, if any, criminal responsible for such delay.

The board shall also examine the statement on file, and if it clearly appears that the material matters of form are omitted, such statement shall be returned for correction to the board of inspectors by special messenger or in such manner as may be most expeditious. Such statements may not, however, be returned for a recount.

As soon as well statement are before it, the board of canvassers shall proceed to a canvas of all the votes cast in the province for Delegates to the Assembly or for provincial officers, and upon completion thereof shall make one statement of all votes cast for each candidates for the Assembly in each Assembly district, and one statement of all the votes, if any, cast for provincial officers Upon the completion of such statement the board shall determine therefrom what person has been elected to the Assembly from each Assembly district, and what person has been elected to each provincial office.

[1582-25; 2582.]

SECTION 567. Certificate of Result. – All such determinations shall be reduce to writing, in duplicate, and signed by the members of the provincial board or a majority of them, and sealed with the provincial seal. One copy thereof shall be filed with the provincial treasurer, one forthwith with the Executive Secretary, and a certified copy thereof shall also forthwith be delivered to each elected candidate.

[1582-25; 2582.]

SECTION 568. Who may be Certified. – The provincial board of canvassers shall certify as elected to the office of Delegate to the Philippine Assembly and to any provincial office only persons who have obtained a majority of votes and who have filed their certificate of candidacy in accordance with the provisions of section five hundred and one hereof.

[2582.]

SECTION 569. Confirmation by Governor-General. – Upon the filing of said certificate in the office of the Executive Secretary, the Governor-General shall, except as provided in the next succeeding section hereof, confirm the election of each of the candidates for provincial office so certified as elected notwithstanding the pendency of any contest of his election in a court. Such confirmation shall not, however, prevail against the decision of the court.

[1726-3; 2582.]

SECTION 570. Confirmation Protested for Disloyalty. – Any candidate who has received votes at a provincial election may file with the Governor-General, within thirty days after such election, a protest against the confirmation of the election of a provincial officer elect, on account of disloyalty to the constituted Government. The Governor-General may then refuse to confirm the election of any provincial officer elect, pending the determination of the protest filed with him, which shall be investigated by a judge of the Court of First Instance, by the Attorney-General or any of his assistant attorneys whom the Governor-General may designate to make such investigation with the least possible delay. Upon the completion of the investigation, the Governor-General may either confirm or definitely refuse to confirm the election of the candidate elect, as the facts brought out by such investigation may warrant, and the decision of the Governor-General in such cases shall be final.

[2582.]

SECTION 571. Disability of Nonconfirmed Candidate. – In case of refusal to confirm the election of any provincial officer the Governor-General may appoint a suitable person to fill the vacancy for the full term and until the election and qualification of a successor or, in his discretion, may call a special election to fill the office as provided in section two thousand hereof, and at such special election a person whose confirmation was so refused shall be ineligible and no vote shall be counted or canvassed for him.

[2582.]

SECTION 572. Procedure when Election Results in Tie. – In case the board of canvassers shall decide that an election for delegate to the Assembly results in a tie it shall certify its decision, together with the statements and all papers upon which the same is based, to the Assembly, which shall have jurisdiction of the matter thereafter; in case the board of canvassers shall decide that an election for provincial governor results in a tie it shall similarly certify the matter to the Upper House of the Philippine Legislature, which shall have jurisdiction to declare either of the tied a candidates elected or to order a special election, as it may decide; but without prejudice in either case to the right of any candidate to contest the election as hereinafter provided.

[1582-25; 2582.]

SECTION 573. Incompetency of Member of Board to Assist in Canvass of Returns. – If any member of a provincial board should be a candidate for office in any election, he shall be incompetent to act upon the board in the matter of canvassing the returns in such election, and the board shall discharge said duties without his assistance, or if the board be unduly depleted, the Governor-General may designate one or more disinterested electors of the province to act on the board in such matter.

SECTION 574. Canvass by Municipal Council. – Immediately after the election the municipal council shall meet in special session and shall proceed to act as a municipal board of canvassers. The secretary shall produce before it the statements filed with him and the council shall canvass the votes cast for each municipal office in the same manner as hereinbefore provided for the provincial board, and to that end shall have the same powers. The municipal board of canvassers shall not have the power to recount the votes or to inspect any of them, but shall proceed upon the statements rendered, as corrected, if corrections are necessary. Its determinations shall be reduced to writing in triplicate, signed by the members, or a majority of them, and one copy shall be filed in the municipal secretary’s office, one with the provincial treasurer and one with the Executive Secretary immediately on completion of the canvass.

[1582-26.]

Any candidate for municipal office thus declared elected shall assume office, notwithstanding the pendency in court of any contest regarding his election, but said certificate of the municipal board of canvassers shall not prevail against the decision of the court.

[2582-2.]

In case the canvass results in a tie for any municipal office the tied candidates shall draw lots in the presence of the board of canvassers, and the successful candidate shall be declared elected.

[1582-26.]

For the first election in a new municipality the provincial board shall act as the board of canvassers to declare the result of the municipal election.

[1582-4.]

ARTICLE X

Election Contests

SECTION 575. Contested Election of Delegate to Philippine Assembly. – The Philippine Assembly shall by resolution prescribe the time and manner of filing contest in the election of members of said body, the time and manner of notifying the adverse party, and bond, or bonds, to be required, if any, and shall fix the costs and expenses of contest which may be paid from its funds.

[2170-1.]

SECTION 576. Contested Election to Office in General. – Contests in all elections for the determination of which provision has not been made otherwise shall be heard by the Court of First Instance having jurisdiction in the judicial district in which the election was held, upon motion by any candidate voted for at such election. The contests shall be filed with the court within two weeks after the election and shall be decided by the same as soon as possible after the hearing of the contest. Such court shall have exclusive and final jurisdiction, except as hereinafter provided, and shall forthwith cause the registration lists and all ballots used at such election to be brought before it and examined, and to appoint the necessary officers therefor and to fix their compensation, which shall be payable in the first instance out of the provincial treasury, and to issue its mandamus directed to the board of canvassers to correct its canvass in accordance with the facts as found.

[2170-2 (21).]

SECTION 577. Appeal to Supreme Court in Contested Election Case. – An appeal may be taken to the Supreme Court, within ten days, from any final decision rendered by the Court of First Instance on contests of elections for provincial governors, for the review, amendment, repeal, or confirmation of such decision, and the procedure thereon shall be the same as in a criminal cause.

[2170-2.]

SECTION 578. Mode of Procedure in Court Cases. – Proceedings for the judicial contest of an election shall be upon motion with notice of not to exceed twenty days to all candidates voted for and not upon pleadings or by action, and shall be heard and determined by the court in the judicial district in which the election was held regardless of whether said court be at the time holding a regular or stated term. In such proceedings the registration list as finally corrected by the board of inspectors shall be conclusive as to who was entitled to vote at such election.

The clerk of the court in which any such contest is instituted shall give immediate notice of its institution and also of the determination thereof to the Executive Secretary.

[1582-27; 2170-2.]

SECTION 579. Bond or Cash Deposit Required of Contestants. – Before the court shall entertain any such motion or admit an appeal, the party making the motion or filing the appeal shall give bond in an amount fixed by the court with two sureties satisfactory to it, conditioned that he will pay all expenses and costs incident to such motion or appeal, or shall deposit cash in court in lieu of such bond. If the party paying such expenses and costs shall be successful they shall be taxed by the court and entered and be collectible as a judgment against the defeated party.

[1582-27; 2170-2.]

SECTION 580. Certification of Finding when Election Found Illegal. – If the court finds that no person was lawfully elected, it shall, in the case of a provincial office, certify its finding to the Executive Secretary, and in case of a municipal office to both the Executive Secretary and the provincial board.

[1582-27.]

CHAPTER 21

Internal-Revenue Allotment Law

PRELIMINARY ARTICLE

Title of Chapter

SECTION 585. Title of Chapter. – This chapter shall be known as the Internal Revenue Allotment Law.

ARTICLE I

Special Disposition of Certain Internal Revenue

SECTION 586. Disposition of Fees for Sealing Weights and Measures. – The proceeds of fees for the sealing and licensing of weights and measures shall accrue equally to the province end municipality wherein collected.

[1519-19.]

SECTION 587. Disposition of Proceeds of Certain License Taxes. – The proceeds of the internal-revenue license taxes on theaters, museums, cockpits, concert halls, pawnbrokers, circuses, billiard rooms, and retail dealers in tuba, bassi, tapuy, or like domestic fermented liquors, shall be for the exclusive benefit of the municipality wherein the same are collected.

[1189-148; 1964-1; 2085-4.]

SECTION 588. Disposition of Proceeds of Cedula Tax. – In provinces where the cedula tax is fixed at one peso its proceeds shall go equally to the province and municipality wherein collected. In provinces where the tax is fixed at two pesos the extra peso shall accrue to the road and bridge fund or the road and public works fund, of the province, the other peso being divided equally between the province and the municipality, as before. The proceeds of delinquent payments shall, in either case, be dealt with upon the same principle.

[1964-2.]

SECTION 589. Disposition of Proceeds of Taxes on Franchises. – Where the grantee of any franchise, his lessees, successors, or assigns have issued bonds with interest guaranteed by the Government of the Philippine Islands the franchise tax shall accrue in its entirety to the Insular Government until the guaranty ceases.

Taxes upon franchises whose obligations are not thus guaranteed shall be applied as follows:

(a) Where the franchise is for the operation of a submarine telegraphic cable, the entire franchise tax shall accrue to the Insular Government.

(b) Where the franchise is for a steam railroad or marine railway operating in one or more municipalities five-tenths of the franchise tax shall accrue to the Insular Government, two-tenths to the province or provinces concerned, and three-tenths to the municipality or municipalities concerned; and where more than one province participates in the provincial share, only so much of their population shall be considered in making the division as is found in the municipality or municipalities wherein the franchise is operated in the particular province.

(c) Where the franchise is for an electric or tramway line operating in one or more municipalities one-fifth of the franchise tax shall accrue to the Insular Government, one-fifth to the province or provinces concerned and three-fifths to the municipality or municipalities concerned; and where more than one province participates the same rule of apportionment shall be observed as in the subsection preceding.

(d) Where the franchise is for the operation of a public service plant or system different from those specified above and the same is doing business in one or more municipalities, one-fifth of the franchise tax shall accrue to the Insular Government, one-fifth to the province or provinces concerned, and three-fifths to the municipality or municipalities concerned; and where more than one province or municipality participates, the apportionment shall be in proportion to the gross receipts from the business transacted within their respective limits.

[2096-1.]

ARTICLE II

Disposition and Allotment of Internal Revenue in General

SECTION 590. Disposition of Internal Revenue in General. – Internal revenue collected under the laws of the Philippine Islands and not applied as hereinabove provided or otherwise specially disposed of by law shall accrue to the Insular Treasury and shall be available for the general purposes of the Government, with the exception of the amounts set apart by way of allotment under the next succeeding section.

[1189-147; 1964-3.]

SECTION 591. Allotments of Internal Revenue for Special Purposes. – Of the internal revenue accruing to the Insular Treasury under the preceding section there shall be set apart ten per centum as a provincial allotment, ten per centum as a road and bridge allotment, and twenty per centum as a municipal allotment; but the amounts allotted to said several purposes during any year shall not be greater than the amount allotted for the same purposes during the fiscal year nineteen hundred and nine.

[1964.]

SECTION 592. Apportionment and Use of Provincial Allotment. – The provincial allotment shall be apportioned to the treasuries of the several respective provinces and shall there accrue to their general funds, respectively.

[1964.]

SECTION 593. Apportionment and Use of Road and Bridge Allotment. – The road and bridge allotment shall be apportioned among provinces wherein the road tax continues in force, as in the Mountain Province and Nueva Vizcaya, and other provinces wherein the annual cedula tax is fixed or maintained at two pesos.

Shares in the road and bridge allotment shall accrue respectively to the road and public works fund or road and bridge fund, as the case may be, of the governmental division participating therein.

[1964.]

SECTION 594. Apportionment and Use of Municipal Allotment. – The municipal allotment shall be for the benefit of the inhabitants of the Islands in the purview of their community requirements, being available for municipal or other use as hereinbelow provided.

In regularly organized provinces containing non-Christian inhabitants so much of the municipal allotment available for a particular province as pertains to its non-Christian inhabitants shall accrue to its non-Christian inhabitants’ fund.

In specially organized provinces so much of the municipal allotment available for a particular province as does not pertain to municipalities or chartered cities shall accrue to the township and settlement fund of such province.

Such part of the municipal allotment as is not applied as hereinabove provided shall be distributed among the various municipalities and except as regards the city of Baguio shall accrue in equal proportions to their general funds and school funds. The share of the city of Baguio shall accrue wholly to its general fund.

[1964.]

ARTICLE III

Miscellaneous Provisions

SECTION 595. Status of Cities, Townships, and Other Local Governmental Divisions. – For purposes of the allotment of internal revenue, a chartered city, township, or other local governmental division not constituting part of a municipality proper shall have the status of a municipality and shall be deemed to be included under the tear “municipality” as used in this chapter.

The city of Manila shall receive the shares which it would receive if it were both a municipality and a regularly organized province, and for the purposes hereof shall be deemed to be both the one and the other.

[1964.]

SECTION 596. Apportionment to be Based Upon Population as Shown by Official Census. – Except as otherwise specially provided, all apportionments of internal revenue under the provisions of this chapter shall be based on population as shown by the official census.

[1964-3.]

In determining the amount of internal-revenue funds payable to the Mountain Province and to the Province of Nueva Vizcaya, the Auditor shall take into account the total approximate population of said provinces as certified to him by the Secretary of the Interior and approved by the Upper House of the Philippine Legislature. Certification as to the number of inhabitants of the subprovince of Kalinga and of the Province of Nueva Vizcaya may be corrected by the Secretary of the Interior with the approval of the Upper House of the Philippine Legislature after an enumeration of the people shall have been made, and thereafter the distribution of the internal-revenue to which the Mountain Province and the Province of Nueva Vizcaya are entitled shall be made on the basis of such corrected certificate.

[1876-6.]

It shall be the duty of the lieutenant-governor of the Province of Samar to ascertain the approximate number of hill people under his jurisdiction in the Province of Samar. The number so ascertained shall be certified by him to the Insular Auditor; and upon such certification the Insular Auditor shall distribute the internal-revenue funds of said province, the amount proportionate to the number of hill people being paid into the non-Christian inhabitants’ fund of the province and expended for their benefit according to law.

[1759-2.]

SECTION 597. Warrants for Quarterly Payment of Allotments. – The payment of the internal-revenue allotments shall be made from the Insular Treasury quarterly, upon warrants drawn by the Collector of Internal Revenue.

[1964-3.]

BOOK II

Organization and Administration of Bureaus

TITLE VI

Bureaus Under Immediate Supervision of Chief Executive

CHAPTER 22

Executive Bureau

ARTICLE I

General Organization of Bureau

SECTION 600. Chief Officials of Executive Bureau. – The Executive Bureau shall have one chief and four assistant chiefs, to be known, respectively, as the Executive Secretary, the Secretary to the Governor-General, the Second Assistant Executive Secretary, the Third Assistant Executive Secretary and the Fourth Assistant Executive Secretary.

[2291-1; 2319-1 (Ex. Bur.).]

SECTION 601. Functions of Executive Bureau. – The Executive Bureau is charged with the performance of such administrative duties pertinent to the office of the chief executive as shall be imposed upon it by the Governor-General, and in it are especially lodged such functions as relate to the office of secretary. Through the Executive Bureau shall be exercised the supervision and control vested in the Governor-General over the government of provinces, chartered cities, municipalities, and other local political divisions.

In the Executive Bureau shall be recorded the official correspondence of the heads of the various Departments.

[1407-35.]

SECTION 602. Supervision of Executive Secretary Over Provincial Treasurers. – The Executive Secretary shall exercise a general administrative supervision over the offices of all provincial treasurers, and he shall prepare and promulgate such regulations as may be necessary for the proper administration of their offices, without prejudice to the jurisdiction vested in the Bureau of Audits over all matters of accounts and accounting.

[1407-3 (d).]

SECTION 603. Submission of Draft of Appropriation Bill. – The Executive Secretary shall prepare and submit to the Philippine Legislature, on the first day of each regular session, a draft of a general appropriation bill on the basis of the data contained in the reports and estimates submitted by the chiefs of Bureaus and Offices. Twenty-five copies of said draft in English and twenty-five copies in Spanish shall be supplied to each House.

[2386-4.]

ARTICLE II

Translating Division

SECTION 604. Translating Division of Executive Bureau. – There shall be a division of the Executive Bureau to be known as the translating division, in which shall be translated into English or Spanish, or into native dialects, such laws, orders, regulations, and other important papers, documents and communications as are necessary to the public service. Special translators shall be employed for court work.

[1407-3 (g).]

CHAPTER 23

Bureau of Audits

PRELIMINARY ARTICLE

Title of Chapter

SECTION 610. Title of Chapter. – This chapter shall be known as the Accounting Law.

ARTICLE I

General Organization of Bureau

SECTION 611. Chief Officials of Bureau of Audits. – The Bureau of Audits shall have one chief and one deputy chief, appointed by the Secretary of War, with the concurrence of the Governor-General and approval of the Upper House of the Philippine Legislature. These officers shall be respectively the Auditor for the Philippine Islands and the Deputy Auditor for the Philippine Islands. For brevity they may be designated as the Auditor and the Deputy Auditor respectively when the full title of the office otherwise appears in the document or paper requiring signature; and for the purpose of discrimination the term Insular Auditor may be used.

There shall also be in this Bureau two assistant auditors and a chief district auditor, who shall be appointed in the same manner as the Auditor and Deputy Auditor, and a corps of district auditors, who shall be appointed by the Insular Auditor, with the approval of the Governor-General.

[1792-2, 3, 5, 53.]

SECTION 612. Succession to Position of Acting Auditor in Absence of Deputy Auditor. – In case of the absence from duty from any cause of both the Auditor and the Deputy Auditor, one of the assistant auditors, or the chief district auditor, to be designated by the Governor-General, shall have charge of the Bureau as Acting Auditor.

[1792-3.]

SECTION 613. General Jurisdiction of Bureau of Audits. – The authority and powers of the Bureau of Audits extend to and comprehend all matters relating to accounting procedure, including the keeping of the accounts of the Government, the preservation of vouchers, the methods of accounting, the examination and inspection of the books, records, and papers relating to such accounts, and to the audit and settlement of the accounts of all persons respecting funds or property received or held by them in an accountable capacity, as well as to the examination and audit of all debts and claims of any sort due from or owing to the Government of the Philippine Islands in any of its branches.

[1792-2, 6.]

SECTION 614. Annual Report of Insular Auditor. – The annual report of the Auditor shall embrace the fiscal transactions of the Government for the year and shall show the income, expense, and outlays of the various Departments and Bureaus of the Insular Government and of the various provinces and municipalities for the year.

[1792-8.]

SECTION 615. Auditor’s Notification of Excessive Expenditures by Bureau or Office. – The Insular Auditor shall from time to time bring to the attention of the proper administrative officer any expenditure of money or use of property which in his opinion is irregular, unnecessary, excessive, or extravagant.

[1792-2.]

SECTION 616. Auditor’s Right of Direct Communication with Claimants. – The Auditor may communicate directly with any Department, Bureau, Office, or person having official relations with his office or having a claim before him for settlement.

[1792-6.]

SECTION 617. Authority of Auditor in Adjustment of Accounts between Offices. – The Insular Auditor shall have the power, subject to such regulations as may be prescribed therefor, to authorize and enforce the settlement of accounts subsisting between the different Bureaus or Offices of the Insular service or between any such Bureau or Office and any provincial or municipal government.

[See 1407-26 (d).]

SECTION 618. Authority of Insular Auditor to Investigate Business of Railroad Company. – The Insular Auditor shall have the power to examine from time to time, in his discretion, or when requested to do so by the Governor-General, the books, records, accounts, and vouchers of any railroad company or corporation organized or operating in the Philippine Islands.

[1507-5.]

SECTION 619. Submission of Papers Relative to Government Obligations. – It shall be within the power of the Insular Auditor for purposes of inspection to require the submission of the original of any order, deed, contract, or other obligation under which any payment should or might be made from Government funds, and such certificate or other evidence respecting the same as may be required; and if an authenticated copy is needed as an office record the same shall, upon demand, be supplied.

[1792-6, 26, 27.]

In the case of deeds to property purchased by the Government, the Auditor shall require a certificate of title entered pursuant to a decree of the Court of Land Registration or other evidence satisfactory to the Governor-General that the title is in the Government.

[1792-27.]

SECTION 620. Authority of Officers to Administer Oaths and Take Testimony. – The Insular Auditor, the Deputy Insular Auditor, the assistant auditors, the chief district auditor, and the district auditors shall have authority to administer oaths and take testimony in any investigation or matter within the jurisdiction of the Bureau of Audits.

[1792-9.]

SECTION 621. Statement of Monthly Receipts and Disbursements to Secretary of War. – The Auditor shall forward to the Secretary of War, as soon as practicable and within sixty days after the expiration of each month, a statement of all receipts of the Insular Government of whatever class, and payments of moneys made on warrants or otherwise during the preceding month.

[1792-7.]

ARTICLE II

District Auditors

SECTION 622. Auditing Districts and Assignment of District Auditors. – The Philippine Islands shall be divided into as many auditing districts, consisting of one or more provinces, as may from time to time be fixed by the Insular Auditor, and a District Auditor shall be assigned by him to each district so constituted.

The Insular Auditor may, as occasion requires, assign one district auditor to two or more districts, and he may withdraw any of the district auditors as the exigencies of the service may demand, or transfer them to other assignments.

[1792-55.]

SECTION 623. Official Station of District Auditor. – The permanent station of each district auditor shall be at such place in his district as shall be established by the Insular Auditor.

[1792-57.]

SECTION 624. Office of District Auditor at Provincial Capital. – It shall be the duty of the provincial board of each province to furnish the district auditor with suitable office space in the provincial building and with the necessary office supplies, furniture, and janitor service, the adequacy of which shall be determined by the Insular Auditor.

In case of the failure of a province to supply such office and service, the district auditor may, with the prior approval of the Insular Auditor, himself make such provision at the expense of the province.

[1792-56.]

SECTION 625. Ineligibility of District Auditor for Appointment as Provincial Treasurer. – During his tenure of office and until one full year after he ceases to be such, a district auditor shall be ineligible for permanent appointment to the office of provincial treasurer of any province within his district; and during the same period he may serve temporarily as such treasurer only by virtue of the express provision of law.

[1792-59.]

SECTION 626. Functions and Jurisdiction of District Auditors. – Each district auditor shall examine and settle the accounts of the provincial, municipal, township, and settlement treasurers and other officers of such branches of the Government, within the district assigned to him. In the exercise of this function the district auditor shall have exclusive original jurisdiction, and in such matters his powers shall be the same as those exercised by the Insular Auditor in regard to Insular accounts proper.

The district auditor shall also make such examinations, within his district, of Insular accounts, and render such reports thereon as the Insular Auditor shall require. In this capacity the district auditor shall be the immediate representative of the Insular Auditor.

[1792-53, 54.]

SECTION 627. Clerk to District Auditor – Duties and Compensation. – A district auditor, with the approval of the Insular Auditor, may appoint a clerk for each province in his district, at a salary not above that of Grace A. Such clerk shall be under the direction of the district auditor, and his salary and travel expense shall be paid from the funds of the province to which appointed.

Upon the prior approval of the Governor-General, more than one clerk may be permanently appointed for a province, and upon the same approval a higher salary may be paid.

[1792-56.]

SECTION 628. Transfer of Clerk for Service in Other Province. – A district auditor may, as the exigency of the service requires or to the end that in the small provinces a clerk shall not be permanently retained, direct that a clerk appointed to one province shall proceed to and render services in other provinces of his district, and in such event the salary and travel expense involved shall be apportioned among the provinces concerned as the Insular Auditor may deem equitable.

[1792-56.]

ARTICLE III

Terms Defined

SECTION 629. Words and Phrases Defined. – Words and phrases used in this chapter shall be taken in the sense indicated below:

“Governmental funds” or “Government funds” is a general term which includes public moneys of every sort, whether pertaining to the Insular Government, the city of Manila, a province, municipality, or other branch of the Government, and comprises revenue funds proper, depositary, and trust funds.

“Revenue funds” comprise all Government funds derived from the income of the Government in any of its branches and available for appropriation or expenditure according to law.

“Trust funds” are Government funds which have officially come into the possession of the Government or of a Government officer as trustee, agent, or administrator, or which have been received as a guaranty for the fulfillment of some obligation. A trust fund is available only for the specific purpose for which it was created or for which it came into the possession of the Government.

“Depositary funds” are Government funds over which the officer accountable therefor may retain control for the lawful purposes for which the same came into his possession, being subject to his official check for such purposes. The term embraces moneys in the Insular Treasury in its capacity as a depositary and all Government moneys in depositary banks.

“Depositary” means any institution lawfully authorized to receive Government moneys upon current or time deposit. The Insular Treasury, in addition to its faculty as Treasury of the Philippine Islands, for the keeping of treasury and trust funds, is also the chief depositary.

“Contract” includes every species of engagement or agreement competent to originate legal liability or to serve as the basis of a civil action between private parties.

ARTICLE IV

Application of Appropriated Funds

SECTION 630. Use of Appropriated Funds. – All moneys appropriated for the various branches of the public service shall be available solely for the specific purposes for which appropriated, and for no others. Moneys appropriated for salaries and wages shall not be available for contingent expenses or vice versa.

[148-1; 2319-3.]

SECTION 631. Appropriations Not Confined to Fiscal Year. – In the absence of express provision, legislative appropriations shall not be confined to fiscal years, but shall be available until expended for the purposes for which appropriated, subject to such restrictions as may be specifically imposed by law; but the net surplus of all annual appropriations for the current expenses of the Government remaining at the end of the fiscal year for which such appropriations are made shall revert to the general fund and shall not thereafter be available for expenditure except by subsequent legislative enactment.

[1792-25; 2319-5.]

SECTION 632. Official Fiscal Year. – The fiscal year of all branches of the Government of the Philippine Islands shall be the period beginning with the first day of January and ending with the thirty-first day of December of each calendar year.

[2305-1.]

SECTION 633. Transfer of Unexpended Balances to General Fund. – The Auditor may transfer at any time, from moneys appropriated for a specific purpose, to the unappropriated general fund, any surplus balances standing to the credit of any appropriation or fund when the officer having administrative control thereof shall certify to the Auditor that there is a surplus in excess of the requirements, or that the work or purpose for which the appropriation was made has been completed or indefinitely postponed, and that there are no outstanding obligations to be paid therefrom.

[1792-25.]

SECTION 634. Reimbursable Funds for Purchase of Supplies. – When in the opinion of the Insular Auditor it shall be advisable to create a reimbursable fund for the purchase of supplies for any Bureau or Office of the Insular Government, he shall so certify to the Secretary of the Department concerned, stating the amount he recommends for such fund, which certificate shall be forthwith transmitted by said Secretary to the Governor-General with his recommendation. The Governor-General may thereupon create such fund and fix the amount thereof, the same to be thereafter administered by the Bureau or Office concerned under regulations of the Bureau of Audits.

[1873-8.]

SECTION 635. Payment of Rewards. – When a reward becomes payable by authority of law for information given relative to any offense or for any act done in connection with the apprehension of the offender, such reward shall, in the absence of special provision, be paid in such manner as shall be prescribed by executive order. The final determination of any such matter by proper administrative authority pursuant to law or any such order shall be conclusive, as regards the liability of the Government, not only as to whether the person in respect to whose right the adjudication is made is entitled to any reward or not, but also as to the amount, if any, to which he may be entitled.

ARTICLE V

Restrictions Upon Making of Public Contracts

SECTION 636. Appropriation Antecedent to Making of Contract. – No contract involving the expenditure of public funds shall be made until there is an appropriation therefor, the unexpended balance of which, free of other obligations, is sufficient to cover the proposed expenditure. This provision shall not, however, be construed to prevent the purchasing and carrying of supplies in stock, under the regulations of the Bureau of Audits, provided that when issued such supplies shall be charged to the proper appropriation account.

[83-14; 584-5; 1396-17 (c); Comp., 1295.]

SECTION 637. Certificate Showing Appropriation to Meet Contract. – Except in the case of a contract for personal service or for supplies to be carried in stock, no contract involving an expenditure by the Insular Government of three thousand pesos or more shall be entered into or authorized until the Insular Auditor shall have certified to the officer entering into such obligation that funds have been duly appropriated for such purpose and that the amount necessary to cover the proposed contract is available for expenditure on account thereof. When application is made to the Insular Auditor for the certificate herein required, a copy of the proposed contract or agreement shall be submitted to him accompanied by a statement in writing from the officer making the application showing all obligations not yet presented for audit which have been incurred against the appropriation to which the contract in question would be chargeable; and such certificate, when signed by the Auditor, shall be attached to and become a part of the proposed contract, and the sum so certified shall not thereafter be available for expenditure for any other purpose until the Government is discharged from the contract in question.

Except in the case of a contract for supplies to be carried in stock, no contract involving the expenditure by any province, municipality, township, or settlement of two thousand pesos or more shall be entered into or authorized until the treasurer of the political division concerned shall have certified to the officer entering into such contract that funds have been duly appropriated for such purpose and that the amount necessary to cover the proposed contract is available for expenditure on account thereof. Such certificate, when signed by the said treasurer, shall be attached to and become a part of the proposed contract and the sum so certified shall not thereafter be available for expenditure for any other purpose until the contract in question is lawfully abrogated or discharged.

For the purpose of making the certificate hereinabove required ninety per centum of the estimated revenues and receipts which should accrue during the current fiscal year, but which are yet uncollected, shall be deemed to be in the treasury of the particular branch of the Government against which the obligation in question would create a charge.

[2119-2.]

SECTION 638. Void Contract – Liability of Officer. – A purported contract entered into contrary to the requirements of the next preceding section hereof shall be wholly void, and the officer assuming to make such contract shall be liable to the Government or other contracting party for any consequent damage to the same extent as if the transaction had been wholly between private parties.

[2119-2.]

ARTICLE VI

Initial Receipt and Disposition of Public Moneys

SECTION 639. Disposition of Moneys Collected by Public Officers. – Except as otherwise specially provided all moneys officially received by a public officer in any capacity or upon any occasion must be accounted for as Government funds.

SECTION 640. Funds of City of Manila – How Dealt with. – Except as otherwise specially provided, funds of the city of Manila shall be received into the Insular Treasury and paid out in the same manner as funds of the Insular Government.

SECTION 641. Payment of Government Moneys into Treasury. – Officers of the Government authorized to receive and collect moneys arising from taxes, revenues, or receipts of any kind shall pay the full amounts so received and collected by them into the treasury of the branch of the Government to which such officers in their collecting capacity respectively pertain, to the credit of the particular account or accounts to which the moneys in question initially belong. The amount of such collections ultimately payable to other branches of the Government, shall thereafter be transferred to the respective treasuries of those branches, under regulations which the Auditor shall prescribe.

[749-1.]

SECTION 642. Treasurer’s Receipts for Revenue Funds. – The Insular Treasurer shall issue a series of receipts for each fiscal year showing all revenue and trust funds received by him, each receipt bearing the date upon which deposit was actually made and indicating from whom and on what account the money was received.

These receipts shall be registered and countersigned by the Auditor or his duly authorized subordinate, and to this end shall be transmitted, as issued, to the Auditor, who, after registry and countersignature, shall transmit them to the persons who made the respective payments. A receipt lacking countersignature shall not be recognized in the audit of accounts.

[1792-17.]

SECTION 643. Certified Checks Receivable as Money. – An officer charged with the collection of revenue or the receiving of moneys payable to the Government may accept payment in the form of checks drawn on and certified by Government depositories in the Philippine Islands, and when so received in ordinary course such checks may be deposited by the collecting officer as money. Upon the subsequent dishonor of any such check neither the collecting officer nor the Insular Treasurer shall be held responsible.

The receiving of checks as aforesaid shall cease as to any depositary which shall refuse, upon demand, to receive for deposit or to cash any such check, without exchange, discount, or commission of any kind, at any point in the Islands where the depositary may be established or may maintain a branch bank.

[479-3.]

SECTION 644. Government Warrants Receivable as Money. – When the same can be done without embarrassment to the financial transactions of the office or officer concerned, checks and warrants issued in payment of Government obligations shall, upon proper indorsement and identification of the payee, or indorsee, be cashed or received as cash, at their face value by any provincial treasurer, postmaster, or other officer of the Insular Government outside of the city of Manila, who collect or have in their hands moneys belonging to the Insular Treasurer.

[257-1-3; Comp., 3756.]

The cashing of checks or warrants as contemplated above shall not be obligatory in favor of persons not residing or stationed within the province where the officer to whom the check or warrant is presented is officially located; but the same may be done in the discretion of such officer.

[257-4; Comp., 3759.]

ARTICLE VII

Disbursements

SECTION 645. Disbursement of Government Funds in General. – Revenue funds shall not be paid out of any treasury except in pursuance of lawful appropriation or other specific statutory authority.

Trust funds shall not be paid out of any treasury except in fulfillment of the purpose for which the trust was created or fund received, and upon authorization of the legislative body, or head of Bureau, Office, or other branch of the Government, having control thereof.

Insular revenue and trust funds, and like funds of the city of Manila, shall not be withdrawn from the Insular Treasury except upon warrant; but nothing herein shall be construed to prevent disbursing officers from maintaining checking accounts in the Insular Treasury or Philippine National Bank with funds so withdrawn, subject to such regulations as the Insular Auditor shall prescribe.

[1792-18,19.]

SECTION 646. Requirement of Approval and Endorsement of Head of Office. – Payments to creditors shall be made only upon the specific approval of the chief of Bureau or head of Office concerned, or his duly authorized representative, or if there be no such officer, upon the approval of the Department head, endorsed upon the warrant or voucher effecting such payment.

[1792-18.]

SECTION 647. Persons Authorized to Draw Warrants for Payment of Insular Funds. – Warrants upon the Insular Treasury shall be drawn by the chief of Bureau or Office having control of the appropriation or fund against which such warrants are chargeable or by such subordinate as shall be designated for such duty by the proper Department head.

Warrants chargeable to Insular appropriations or funds not under the control of a Bureau or Office shall be drawn by such officer as shall be specified by law or, in the absence of such, designated by the Governor-General.

[1792-18.]

For the city of Manila all warrants shall be drawn by the secretary of the municipal board.

SECTION 648. To whom Warrants may be Made Payable. – Warrants chargeable to treasury or trust funds of the Insular Government or city of Manila shall be drawn payable either directly to the creditor to whom the money is due or to a disbursing officer for official disbursement. All warrants for withdrawals for cash payment shall bear the words “Advance for official expenditures.”

[1792-18.]

SECTION 649. Disbursing Officer for Bureau or Office. – The chief of a Bureau or Office or other officer having administrative control of an appropriation or Government fund subject to be paid out of the Insular Treasury upon warrant may, with the approval of the proper Department head, designate such number of disbursing officers or agents as may be necessary to disburse such appropriation or fund.

[1792-20.]

SECTION 650. Funds Disbursable Under Regulations of Bureau of Audits. – Funds not specifically required to be withdrawn by warrant shall be paid out under such regulations as the Insular Auditor shall prescribe.

SECTION 651. Disbursing Agent in Washington. – There shall be a disbursing agent of the Government of the Philippine Islands in Washington, to be appointed by the Secretary of War.

He shall, from funds in his keeping or under his control, pay all bills of the Philippine Government approved by the Secretary of War, and generally shall handle and apply as authorized by law any funds placed in his keeping by or on behalf of the Philippine Government.

He shall give a bond conditioned faithfully to discharge all the duties of his office and to account for all moneys Officially coming into his hands. Such bond shall be approved by the Secretary of War and shall be in an amount fixed by him.

[129-1-4.]

SECTION 652. Countersigning of Warrants by Auditor. – No Insular warrant shall be paid by the Treasurer until countersigned by the Auditor or by an officer of the Bureau of Audits thereunto authorized in writing by him.

[1792-18.]

SECTION 653. Treasurer’s Responsibility for Indorsements. – The Insular Treasurer shall, during two years from the date of payment by him, be responsible for the indorsements on all warrants, and for this period shall retain them in his custody, after which they shall be filed with the Auditor.

[1792-14.]

SECTION 654. Payment of Lost Warrants. – When any check or warrant is lost, stolen, or destroyed, the issuing officer may issue a duplicate check or warrant, which shall be paid under such regulations in regard to issuance and payment and upon the execution of a bond to indemnify the Government in such amount and with such security, if any, as the Auditor and Treasurer shall jointly require.

[1792-40.]

SECTION 655. Retention of Salary for Satisfaction of Indebtedness to Government. – When any person is indebted to the Government of the Philippine Islands or Government of the United States, the Insular Auditor may direct the proper officer to withhold the payment of any money due him or his estate, the same to be applied in satisfaction of such indebtedness.

[911-1, 2; 1792-51, 52.]

ARTICLE VIII

Depositaries and Depositary Accounts

SECTION 656. Appointment of Depositaries by Governor-General or Secretary of War. – The Governor-General may appoint any bank or banking institution in the Philippine Islands, and the Secretary of War any similar institution in the United States, as a depositary of the Government of the Philippine Islands, after such institution has filed sufficient evidence of its sound financial condition and has deposited, as security, either in the Insular Treasury or in the Bureau of Insular Affairs, at Washington, bonds of the United States or of the Government of the Philippine Islands or other bonds or securities satisfactory to and approved by the officer making the appointment and in such amount as shall be required by him.

[1792-38.]

SECTION 657. Reports of Depositaries to Insular Auditor – Payment of Stale or Stopped Checks. – Depositaries shall report to the Auditor at the close of each quarter, or oftener if he shall so require, and in such form as he may direct, the condition of each Government account standing on their books. They shall pay no check drawn against a Government account after two years from date of issue or at any time after notification of stoppage of payment by the Audit for or drawer thereof.

[1792-39, 42.]

SECTION 658. Deposit of Funds in Hands of Officers. – Officers having funds in their hands for disbursement shall deposit them only with such duly appointed depositaries as may be designated by the Insular Treasurer.

Collecting officers may, in the same manner, with the further approval of the Insular Auditor, temporarily deposit collections received by them, pending payment into the proper treasury.

[1792-39.]

SECTION 659. Annual Report of Officers Having Accounts with Depositaries. – Every officer having an account with a depositary shall, at the close of business on the last day of every fiscal year, render a report to the Auditor showing all checks issued by him which have been outstanding and unpaid for two years or more from date of issue.

[1792-42.]

SECTION 660. Final Report of Officer Having Account with Depositary. – Upon ceasing to act in the official capacity under which an account with a depositary was maintained, the officer having such an account shall render a report to the Auditor, showing the balance standing to his credit with said depositary and a list of checks yet outstanding and unpaid.

[1792-43.]

SECTION 661. Transfer of Balance to Insular Treasury. – If in such case there remains an untransferred balance to the credit of such account, the Auditor may require the depositary to deposit such balance, or any part thereof, in the Insular Treasury; and when two years elapse after the final account of such officer is rendered, any remaining balance shall be so deposited.

[1792-39, 41, 44, 45.]

ARTICLE IX

Accounts and Accounting

SECTION 662. Style of Governmental Accounts. – All accounts of the Government shall be with the “Government of the Philippine Islands”, and save in the Insular branch of the service there shall be added in the style of the account the name of the particular province, municipality, or other governmental division to which it pertains.

[1792-24.]

SECTION 663. Creditors’ Unclaimed Balances. – There shall be maintained on the books of the Auditor an account styled “Creditors’ unclaimed balances” to the credit of which shall be deposited all moneys for which there is no present rightful claimant. Money accruing to this account shall be held exclusively for the payment of pertinent obligations against it, when certified by the Insular Auditor, not in excess of the respective amounts which accrued to said account by reason of such obligations.

After remaining unclaimed for a period of ten years moneys in this account shall accrue, as treasury funds, to the branch of the Government giving rise to their original deposit, or, in the absence of such, to the Insular Government.

[1792-46.]

SECTION 664. Persons Accountable for Government Funds or Property. – Every officer of the Government of the Philippine Islands whose duties permit or require the possession or custody of Government funds or property shall be accountable and responsible therefor and for the safekeeping thereof in conformity with the provisions of this law.

SECTION 665. Primary and Secondary Accountability for Government Property. – The Director or other head of a Bureau or Office of the Insular Government or department under the government of the city of Manila is immediately and primarily accountable for all Government property pertaining to his Bureau or Office, and the treasurer of A province, municipality, township, or other local division shall be likewise primarily accountable for all Government property pertaining to his province, municipality, township, or other division, as the case may be.

[1792-64.]

Persons entrusted with the possession or custody of Government property under any of the officers hereinabove mentioned shall be immediately accountable to such officers, without prejudice to the liability of either party to the Government.

[See 1792-65.]

SECTION 666. Records and Reports Required by Persons Primarily Accountable. – An officer primarily accountable for Government funds or property may require any person in possession of the same or having custody and control thereof under him to keep such records and make such reports as may be necessary for his own information and protection.

[1792-6, 65.]

SECTION 667. Measure of Liability of Officers Accountable for Government Property. – Every officer accountable for property shall be liable for its money value in case of the improper or unauthorized use, or misapplication thereof, by himself or any person for whose acts he may be responsible; and generally he shall be liable for all loss, damage, or deterioration occasioned by negligence in the keeping or use of such property, whether it be at the time in his actual custody or not.

[1792-64, 65.]

SECTION 668. Measure of Liability of Officers Accountable for Government Funds. – Persons accountable for Government funds shall be liable for all losses resulting from the unlawful or improper deposit, use, or application thereof and for all losses attributable to negligence in the keeping of the same.

[1792-49.]

SECTION 669. Credit for Loss Occurring in Transit or Due to Casualty – Notice to Auditor. – When a loss of Government funds or property occurs while the same is in transit or is caused by fire, theft, or other casualty, the officer accountable therefor or having custody thereof shall immediately notify the Insular Auditor, or the district auditor, according as the matter is within the original jurisdiction of the one or the other, and within thirty days or such longer period as the Auditor, or district auditor, may in the particular case allow, shall present his application for relief, with all the available evidence in support thereof. An officer who fails to comply with this requirement shall not be relieved of liability or allowed credit for any such loss in the settlement of his accounts.

[1792-49.]

A district auditor shall not allow credit for these losses unless the Insular Auditor shall give him express authority to that effect, to be exercised only if the loss is not in excess of one hundred pesos. When, in any case, the allowance of credit is not within the competency of the district auditor, the application and evidence, with the recommendation of the district auditor, shall be forwarded to the Insular Auditor for his action.

SECTION 670. Losses of Postal Money Order Funds. – Losses of postal money order funds shall, upon credit being given or relief granted therefor, be made a charge against the current postal money order revenues.

[1792-47.]

SECTION 671. Liability for Acts Done by Direction of Superior Officer. – No accountable person shall be relieved from liability by reason of his having acted under the direction of a superior officer in paying out, applying, or disposing of the funds or property with which he is chargeable; but the officer directing any illegal payment or disposition of such funds or property shall be first required to answer therefor.

[1792-23.]

SECTION 672. Destruction or Sale of Unserviceable Property. – When Government property, not constituting sales stock or supplies, has become unserviceable from any cause, or is no longer needed, it shall, upon application of the accountable officer, be inspected by a district auditor, or other duly designated officer of the Bureau of Audits, and if found to be valueless or unsalable may be destroyed in the presence of the inspecting officer, and if found to be valuable may be sold at public auction under the supervision of the Bureau of Audits, to the highest bidder after advertisement for not less than six days by printed notice in a newspaper of general circulation in the community where such property is to be sold, or by notices posted a like period in at least four public places where there is no newspaper published.

In the discretion of the Governor-General such property may be sold at private sale, subject to such restrictions as he may, in each case, impose.

[1792-66.]

SECTION 673. Transfer of Property Between Different Branches of Government. – Government property unserviceable or no longer needed by the branch of the Government to which it belongs may be transferred without cost, or at an appraised valuation, to other branches of the Government service, upon authority of the respective heads of Departments concerned.

[1792-66.]

SECTION 674. Disposition of Funds or Property Held by Defunct or Superseded Officer Primarily Accountable. – When an officer primarily accountable for Insular funds or property dies, absconds, or becomes incapacitated for the performance of his duties, the proper head of Department shall designate a custodian to take charge of such funds, or property until a lawful successor may be appointed and qualified, and may appoint a committee of one or more persons to count the cash and make an inventory of the property for which such officer was accountable and to determine the responsibility for any shortage therein. One copy of such inventory and of the report of the committee, duly certified, shall be filed with the Insular Auditor; but the finding of the committee shall not be conclusive until approved by the Insular Auditor or his duly authorized representative.

If the defunct or superseded officer is accountable for funds or property of a province, the custodian and committee shall be designated by the Executive Secretary; if accountable for funds or property of a city organized under a special charter, by the chief executive of said city; and if accountable for municipal, township, or settlement funds or property, by the provincial treasurer. In all other respects the proceedings in such cases shall be as above prescribed.

[1792-69.]

SECTION 675. Disposition of Funds or Property Held by Defunct or Superseded Officer Secondarily Accountable. – If the defunct or superseded officer is responsible to another who is primarily accountable, the latter may himself designate the committee or take other lawful measures for the protection of his interests.

[1792-68.]

SECTION 676. Transfer of Funds from One Officer to Another. – Transfers of Insular funds or funds of the city of Manila from one officer to another shall, except as allowed by law or regulation, be made only upon prior direction of the Auditor.

[1792-22.]

SECTION 677. Invoice and Receipt Upon Transfer of Funds or Property. – When Government funds or property are transferred from one officer accountable therefor to another, or from an outgoing officer to his successor, it shall be done upon properly itemized invoice and receipt.

SECTION 678. Shipment of Government Funds or Property by Carrier – Notation of Evidence of Loss. – When Government funds or property are transmitted from one place to another by carrier, it shall be upon proper bill of lading or receipt from such carrier; and it shall be the duty of the consignee, or his representative, to make full notation of any evidence of loss, shortage, or damage, upon the bill of lading or receipt, before accomplishing it.

[1792-67.]

SECTION 679. Time and Mode of Rendering Account. – In the absence of specific provision all accountable persons shall render their accounts, submit their vouchers, and make deposits of moneys collected or held by them at such times and in such manner as shall be prescribed in the regulations of the Bureau of Audits or as the Insular Auditor may in particular cases require.

[1792-21.]

SECTION 680. Certification of Balances by District Auditor. – District auditors shall certify the balances arising in the accounts settled by them to the Insular Auditor and to the proper provincial and municipal or township treasurer in such form as the Insular Auditor may prescribe.

[1482-1; 1792-58.]

SECTION 681. Auditor’s Notice to Accounting Officer of Balance Shown Upon Settlement. – The Insular Auditor shall, at convenient intervals, send an official notification in writing to each officer whose accounts have been settled in whole or in part by him, stating the balances found due thereon and certified and the charges or differences arising on such settlement by reason of disallowances, charges, or suspensions. Such statement shall be properly itemized and the reasons for disallowance, charge, or suspension of credit stated. District auditors shall perform the same duty as regards accounts audited by them. A charge or suspension which shall not be satisfactorily explained within ninety days after the deposit in the mails of notice thereof to the officer concerned shall become a disallowance, unless the Insular Auditor or proper district auditor, shall, in writing, extend the time for answer beyond ninety days.

[1792-28.]

SECTION 682. Collection of Indebtedness Adjudicated by Auditor. – The Insular Auditor shall, through the proper channels, supervise and procure the collection and enforcement of all debts and claims, and the restitution of all funds and property, found to be due the Government in his settlement and adjustment of accounts; and if any legal proceeding is necessary to such end, he shall request the Governor-General to authorize and direct the institution of the same.

All money demands in favor of the Government shall bear interest at six per centum per annum from the date of the Auditor’s written demand.

[1792-51.]

SECTION 683. Power of Auditor to Compromise Claim. – When in the judgment of the Insular Auditor the interest of the Government so requires he may compromise or release, in whole or in part, any claim or settled liability to the Government, not exceeding one hundred pesos, appearing in any matter that has arisen before him or before any district auditor; and with the written approval of the Governor-General, he may likewise compromise or release any similar claim or liability not exceeding two thousand pesos.

[1792-50.]

Applications for relief from such a claim or liability in excess of two thousand pesos shall be submitted, through the Auditor and Governor-General, with their recommendation, to the Philippine Legislature.

[1792-49.]

SECTION 684. Transcript of Auditor’s Record as Evidence of Liability. – At the trial of any criminal proceeding against an officer for the embezzlement or misappropriation of governmental funds or property, and upon the trial of any civil proceeding to recover an amount due the Government from an accountable officer, it shall be sufficient evidence, for the purpose of showing a balance against him, to produce a transcript from the books and proceedings of the Auditor, in the case of Insular accounts and accounts of the city of Manila, and of a district auditor in the case of other accounts, and a showing, in this manner, of any balance against such officer shall be prima facie evidence of the misappropriation of the funds or property unaccounted for or of the civil liability of the officer as the case may be. Bonds, contracts, or other papers relating to or connected with the settlement of any account may, in the same manner, be proved by the production of a certified copy, but the court may require the production of the original contract or other writing, when this appears to be necessary for the attainment of justice.

[1792-31-32; Comp., 589, 590.]

ARTICLE X

Appeal and Review

SECTION 685. Appeal from Decision of Auditor. – Any person aggrieved by the action or by any decision of a district auditor in the settlement of an account or claim may within one year appeal to the Insular Auditor; and any person similarly aggrieved by the action or decision of the Insular Auditor may likewise within one year appeal to the Governor-General.

[1792-36, 61.]

From a decision adversely affecting the interest of the Government the appeal may be taken by the proper head of Department, or in case of provinces and municipalities, or other form of local government, by the head of the Office or branch of the Government immediately concerned.

[1792-6.]

SECTION 686. Procedure Incident to Appeal. – All appeals shall be in writing and the particular action or decision to which exception is taken shall be specifically set forth; with the reason and authorities relied on for modifying or reversing the same, all the papers in the cause being at the same time transmitted to the officer to whom the appeal is taken.

[1792-61.]

SECTION 687. Finality of Decision Made by Auditor. – A decision of the Insular Auditor or of a district auditor upon any matter within their respective powers shall be conclusive, subject to appeal or review as hereinafter provided.

[1792-6, 54.]

SECTION 688. Final Action by Governor-General or Secretary of War. – If the Governor-General shall, upon any appeal to him, confirm the action of the Auditor, he shall so indorse the appeal and transmit it to the Auditor, and such action shall be final. Should he fail to sustain the action of the Auditor, he shall forthwith transmit his grounds of disapproval to the Secretary of War, together with the appeal and the papers necessary to a proper understanding of the matter; and the decision of the latter officer shall thereupon be conclusive.

[1792-61.]

SECTION 689. Power of Auditor to Open and Revise Settled Accounts. – At any time before the expiration of three years after the making of any settlement by a district auditor, the Insular Auditor may, on his own motion, review and revise the same and certify a new balance. For such purpose he may require any account, vouchers, or other papers connected with the matter to be forwarded to him.

[1792-62.]

When any settled account appears to be infected with fraud, collusion, or error of calculation, or when new and material evidence is discovered, the Insular Auditor may, within three years after original settlement, open such account, and after written notice to the person concerned and after a reasonable time for his reply or appearance, may certify thereon a new balance. A district auditor may exercise the same power in respect to settled accounts pertaining to the branches of the Government under his jurisdiction.

Accounts once finally settled shall in no case be opened or reviewed except as herein provided.

[1792-23, 29, 63.]

CHAPTER 24

Bureau of Civil Service

PRELIMINARY ARTICLE

Title of Chapter

SECTION 695. Title of Chapter. – This chapter shall be known as the Civil Service Law.

ARTICLE I

Organization of Bureau

SECTION 696. Chief Officials of Bureau of Civil Service. – The Bureau of Civil Service shall have one chief and one assistant chief, to be known, respectively, as the Director of Civil Service and the Assistant Director of Civil Service.

[1407-4; 1679-1 (Bur. Civ. Serv.); Comp., 681.]

SECTION 697. Duties of Director of Civil Service. – It shall be among the powers and duties of the Director of Civil Service -

(a) To keep a record of all officers and employees in the permanent service of the different branches of the Philippine Government

[1698-2 (a).]

(b) To keep a record of the absences of all officers and employees entitled to leave of absence.

[1698-2 (b).]

(c) To supervise the preparation and rating and have control of all civil-service examinations in the Philippine Islands.

[1698-2 (d).]

(d) To fix proper limits of age for applicants desiring to enter the service.

[1698-3 (l).]

(e) To make investigations and special reports upon all matters relating to the enforcement of the Civil Service Law and civil-service rules.

[1698-2 (e).]

(f) To prepare and certify to the Governor-General such rule as may be adapted to the more effectual carrying out of the provision and purposes of the Civil Service Law and to securing of an efficient administration of the Government within the scope of the Civil Service Law, such rules to be effective when approved by the Governor-General and promulgated in an executive order.

[1698-2 (f).]

SECTION 698. Matters to be Prescribed in Civil-Service Rules. – The civil-service rules shall, among other things, prescribe the conditions which shall govern certifications from eligible registers, appointments to the service, separations therefrom, suspensions, deductions from pay, reductions, reinstatements, and transfers, and shall define the procedure to be followed in such matters. They shall also contain regulations concerning the hours of labor, the allowance of leaves of absence (including the withholding of salary for leave granted), and the allowance of travel expenses and half salary of persons entitled thereto – all in conformity with the provisions of this Code. The rules shall also prohibit or regulate the political activity of persons in the civil service.

[1698-3.]

SECTION 699. Fundamental Requirements as to Civil-Service Rules. – Any civil-service rules promulgated by the Governor-General upon the recommendation of the Director shall be consistent with the following fundamental of requirements:

(a) So far as feasible open competitive entrance examinations shall always be required and given, though appointments to positions requiring technical, professional, or scientific knowledge may, in the discretion of the Director, be made upon either competitive or noncompetitive examinations.

[1698-3 (b).]

(b) Promotion examinations, competitive or noncompetitive, shall be prescribed when practicable.

[1698-3 (i).]

(c) A thorough physical examination by a competent physician shall be required of every applicant for examination in the United States, and in the discretion of the Director of Civil Service, the same may be required of applicants for examination in the Philippine Islands. Persons found to be physically disqualified for efficient service shall be rejected.

[1698-3 (e).]

(d) A period of trial service shall be required before appointment or employment is made permanent.

[1698-3 (h).]

SECTION 700. Authority of Officers and Examiners to Administer Oaths and Take Testimony. – Officers and examiners of the Bureau of Civil Service may administer such oaths as may be necessary in the transaction of official business, and the Director or other person conducting any investigation authorized by him may administer oaths and take testimony in connection therewith.

[See 1698-2 (e).]

SECTION 701. Duty of Officers to Aid Enforcement of Law. – All officers in the Philippine civil service shall aid in all proper ways in carrying the Civil Service Law and the civil-service rules into due effect.

[1698-2 (f).]

SECTION 702. Publication of Official Roster. – From the records kept by the Director of Civil Service shall be published an official roster at intervals determined by the Governor-General.

[1698-2 (a).]

SECTION 703. Annual Report of Director of Civil Service. – The annual report of the Director of Civil Service to the Governor-General shall contain an account of the work performed by the Bureau, a statement of the rules certified to the Governor-General and promulgated by him and the practical effect thereof, to which shall be added suggestions and recommendations for the effectual maintenance of an efficient and honest civil service in all the administrative branches of the Government.

[1698-2 (c).]

ARTICLE II

Scope of Civil Service

SECTION 704. Persons Embraced in Philippine Civil Service. – The Philippine civil service includes every person employed by the Insular Government or any provincial government or by the government of the city of Manila or Baguio, or partly by one and partly by the other of these agencies, and serving for compensation either at a yearly, monthly or daily rate or otherwise; and consistently with other laws concerning appointments, tenure of office, and the conditions of employment in particular cases. Such persons shall be appointed and employed in conformity with this law only and shall to the extent herein defined be entitled to its protection and privileges.

[1698-1, 5.]

SECTION 705. Civil-Service Status of Municipal Treasurers. – Municipal treasurers, though partly paid from provincial funds, are to be deemed municipal officers and as such are not included in the definition above given, but they shall be subject to the examination requirements and disciplinary provisions of this chapter.

[1846-1.]

SECTION 706. Persons Embraced in Classified Service. – Persons in the Philippine civil service pertain either to the classified or unclassified service. The classified service embraces all not expressly declared to be in the unclassified service.

SECTION 707. Persons Embraced in Unclassified Service. – The following officers and employees constitute the unclassified service:

(a) Appointees of the President of the United States.

(b) Appointees of the Secretary of War.

(c) Elected officers.

[1698-1 (a).]

(d) Persons, other than provincial treasurers and district health officers, appointed by the Governor-General, with the advice and consent of the Upper House of the Philippine Legislature, under the authority of provisions relating to particular offices.

[1698-1 (c).]

(e) Officers and Employees of the Philippine Assembly.

[1698-1 (b).]

(f) The Reporter of the Supreme Court, the Clerk of the Supreme Court, and private secretaries to the individual Justices of the Supreme Court.

[2128-1.]

(g) Members of the various faculties and other teaching force of the University of the Philippines.

[1870-11.]

(h) The Secretary to the Governor-General, the private secretaries and assistant private secretaries to the several heads of Departments, the private secretaries to the several members of the Upper House of the Philippine Legislature not heads of Departments.

[1698-1 (d).]

(i) Persons in the military, naval, or civil service of the United States who may be detailed for the performance of civil duties.

[1698-1 (e).]

(j) Members of the commissioned and enlisted service in the Philippine Constabulary.

[1698-1 (f).]

(k) Detectives, secret agents, sheriffs, and deputy sheriffs.

[1698-1 (i).]

(l) Postmasters at Army posts whose compensation does not exceed one thousand two hundred pesos per annum each; and operators and linemen in the Bureau of Posts.

[1698-1 (h).]

(m) Postmasters and customs inspectors whose rates of compensation do not exceed six hundred pesos and three hundred and sixty pesos per annum, respectively, and who may lawfully perform the duties of postmaster or customs inspector in connection with other official duties or in connection with their private business, such duties of postmaster or inspector requiring only a portion of their time, and postmasters who are required to perform the duties of telegraph operators.

[1698-1 (h).]

(n) Hospital internes.

(o) Laborers whose rate of compensation is seven hundred and twenty pesos or less per annum.

[1698-1.]

(p) All other employees whose rate of compensation is two hundred and forty pesos or less per annum.

[1698-1.]

ARTICLE III

Civil-Service Examinations

SECTION 708. Examination as Prerequisite to Appointment. – In the absence of special provision, no person shall be appointed to or employed in any position in the classified service until he passes the examination provided therefor.

[Civil Service Rules, III, 3.]

SECTION 709. Positions in Unclassified Service Not Subject to Examination Requirements. – The examination requirements of the Civil Service Law for entrance into the civil service or for promotion therein shall not apply to positions in the unclassified service, except as otherwise specially provided.

[1698-1.]

Postmasters mentioned in subsection (m) of section seven hundred and seven hereof may be subjected to examination in the discretion of the Director of Posts.

Persons appointed to the position of chief of assistant chief of a Bureau or Office or to the position of superintendent may be required to undergo a civil-service examination if the officer making the appointment shall so direct.

[1698-7.]

SECTION 710. Examining Committees and Special Examiners. – The Director of Civil Service may, with the approval of the proper head of Department, appoint examining committees or special examiners from officers and employees in the service. Such persons shall be examiners of the Bureau of Civil Service, and shall perform such duties as the Director may require in connection with examinations, investigations, appointments, and promotions, and in the performance of such duties they shall be under his exclusive control. The duties so performed by them shall be deemed part of the duties of the office to which they pertain, and time shall be allowed for the performance of such duties during office hours.

[Civil Service Rules, III, 6.]

SECTION 711. Citizenship as Qualification for Admission to Examination. – No applicant shall be admitted to examination who is not a citizen of the Philippine Islands or of the United States or an honorably discharged soldier, sailor, or marine of the United States; but the requirement of citizenship may be waived by the Governor-General.

[Civil Service Rules, II.]

SECTION 712. Director’s Authority to Elicit Information as to Qualifications. – The Director of Civil Service shall have power to elicit, under oath, from all applicants for examination and from persons in the service full information as to their citizenship, nativity, age, education, physical qualifications, and such other information as may reasonably be required affecting their fitness for the service.

[1698-3 (m).]

SECTION 713. Oath of Applicant for Examination. – Before admission to a civil-service examination in the Philippine Islands, every applicant shall take and subscribe an oath, in such form as shall be prescribed in the civil-service rules, wherein the affiant shall declare that he recognizes and accepts the supreme authority of the United States of America and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and decrees promulgated by its duly constituted authorities; that the obligation in posed by such oath is assumed voluntarily, without mental reservation or purpose of evasion; and that the answer to the questions contained in his application for examination are true to the best of his knowledge and belief.

[1698-12.]

SECTION 714. Use of Public Buildings for Civil-Service Examinations. – When examination are held, either in Manila or in the provinces, the officers having custody of public buildings shall allow the reasonable use thereof for such purpose and shall provide for furnishing and lighting the same.

[1698-4, Civil Service Rules, III, 7.]

ARTICLE IV

Appointment to Civil Service

SECTION 715. Appointment of Chief, Assistant Chief, and Superintendent. – Appointments to the position of chief or assistant chief of a Bureau or Office and to the position of superintendent shall be made by the promotion of persons already in the civil service, if there be such who are component and available and who in the judgment of the appointing power possess the qualifications required.

[1698-7.]

SECTION 716. Preferences in Selection from Lists of Eligibles. – In making selections from lists or certified eligibles furnished by the Director, appointing officers shall, when other qualifications are equal, prefer:

First. Citizens of the Philippine Islands.

Secondly. Honorably discharged soldiers, sailors, and marines of the United States.

[1698-6; Civil Service Rules, V, 3.]

SECTION 717. Temporary and Emergency Employees. – When work of a temporary or emergency nature is to be performed the chief of the Bureau or Office concerned may employ any suitable person. Eligibles shall be preferred if available; and the prior approval of the Director of Civil Service shall always be obtained if practicable, and if such cannot be procured, the officer making the appointment shall in all the cases without delay report such action to the Director and request his approval of the employment. The employment of a noneligible shall cease when the Director certifies an available eligible who will accept temporary or trial appointment.

[1698-1.]

SECTION 718. Appointments and Removals by Governor-General Regardless of Civil-Service Qualifications. – For the good of the public service the Governor-General, by and with the advice and consent of the Upper House of the Philippine Legislature, may make appointments to and removals from positions in the classified service without regard to the requirements of this law.

[1698-17.]

ARTICLE V

Sundry Provisions Relative to the Administration of Civil Service

SECTION 719. Limitation on Employment of Persons in Classified Service. – No person appointed to a position in the classified service shall, without the approval of the Director of Civil Service, be assigned to or employed in a position of a grade or character not contemplated by the examination from the result of which appointment was made, unless otherwise provided by law.

[1698-5 (c).]

SECTION 720. Limitations on Employment of Person in Unclassified Service. – A person appointed to the position in the unclassified service shall not be employed in any position in the classified service nor shall he be allowed to do critical duties other than such as may pertain to the office to which he was appointed.

[1698-5 (b); Comp., 686 (b).]

SECTION 721. Office Record of Attendance. – Each chief of a Bureau or Office shall cause to be kept on a proper form a daily record showing for each day any absence of any employee from duty, due to any cause, and the duration thereof. At the beginning of each month he shall make full report to the Director of Civil Service of the absences shown by such records for the preceding month. Persons serving in the field or on the water need not be required to keep a daily record but all absences of such employees must be included in the monthly report of changes and absences. Falsification of time records shall render the offender liable to summary removal from the service and subject him to prosecution as provided by law.

[1698-2 (a, b); Civil Service Rules, XV, 3.]

SECTION 722. Contributions to Political Fund Prohibited. – No person in the Philippine civil service shall be under obligation to contribute to a political fund or to render any political service, nor shall he be removed or otherwise prejudiced for refusing to contribute or render any such service; and no officer or employee in the Philippine civil service shall directly or indirectly solicit, collect, or receive from any other officer or employee, any money or other valuable thing to be applied to the promotion of any political object whatever.

Any person violating any provision hereof shall be removed from office or dismissed from the service and shall be subject also to prosecution as provided by law.

[1698-40.]

SECTION 723. Making Gifts to Official Superiors. – It shall be improper for an officer or employee to make a donation or present any gift of substantial value to an official to whom he is subordinate or to solicit or receive a contribution from other officers or employees in the Government service for the making of such donation or gift. It shall likewise be improper for any official to accept any donation or gift as aforesaid offered or presented to him by any person or persons in the Government service subordinate to himself.

SECTION 724. Political and Religious Affiliations to be Ignored. – No inquiry shall be made, and no consideration whatever shall be given to any information relative to the political or religious opinions or affiliations of persons examined, or to be examined, or of officers or employees in the matter of promotion, and no discrimination shall be exercised, threatened, or promised against, or in favor of, any person employed, examined, or to be examined, because of his political or religious opinions or affiliations; and in making removals or reductions, or in imposing other punishment, for delinquency or misconduct, action shall be taken irrespective of the political or religious opinions or affiliations of the offenders.

[Civil Service Rules, XII, 3, 7.]

SECTION 725. Payment of Salary of Person in Classified Service. – Payment of money on account of salary to any Officer or employee in the classified service shall not be made prior to the receipt by the disbursing officer or notification from the chief of the Bureau or Office that the appointment or employment of such officer or employee has been duly authorized as provided by the Civil Service Law and rules.

[Civil Service Rules, X, 2.]

SECTION 726. Payment of Person Employed Contrary to Law – Liability of Chief of Office. – No person employed in the classified service contrary to law or in violation of the civil service rules shall be entitled to receive pay from the Government; but the chief of the Bureau or Office responsible for such unlawful employment shall be personally liable for the pay that would have accrued had the employment been lawful, and the disbursing officer shall make payment to the employee of such amount from the salary of the officer so liable.

[1698-5.]

SECTION 727. Liability of Disbursing Officer for Pay of Such Person. – When the Director of Civil Service finds that any person is holding a position in the classified service in violation of law, he shall certify such fact to the Insular Auditor and to the disbursing officer through whom the payment of salary or wages to such person is by law required to be made. If the Insular Auditor finds that a disbursing officer has paid or permitted to be paid salary or wages to any person illegally holding a classified position, the whole amount paid shall be disallowed and the disbursing officer shall not receive credit for the same unless the Insular Auditor shall find that the chief of the Bureau or Office is responsible, as above provided, for the payment of such person and that such payment is not due to the failure of the disbursing officer to obtain the evidence required in section seven hundred and twenty-five hereof. In case the disbursing officer is not responsible for the illegal payment, he shall be directed to withhold from the salary of the chief of the Bureau or Office responsible for the illegal employment an amount equal to that disallowed by the Insular Auditor.

[1698-5 (a).]

SECTION 728. Opinion of Director of Civil Service on Controverted Questions Related to Service.- A disbursing officer, the head of any Department, Bureau, or Office, or the Insular Auditor, may apply for, and the Director of Civil Service shall render, a decision upon any question as to whether a position is in the classified or in the unclassified civil service, or whether the appointment of any person to a classified position has been made in accordance with law, which decision, when rendered, shall be final unless reversed by the Governor-General on appeal.

[1698-5 (a).]

ARTICLE VI

Discipline of Persons in Civil Service

SECTION 729. Suspension of Officer Pending Investigation. – The Governor-General may suspend any chief or assistant chief of a Bureau or Office, and in the absence of special provision, any other officer appointed by him, pending an investigation of charges against such officer or pending an investigation of his Bureau or Office. The Secretary of War shall exercise the same power in regard to his own appointees. The chief of a Bureau or Office may likewise suspend any subordinate or employee in his Bureau or under his authority pending an investigation, if the charge against such subordinate or employee involves dishonesty, oppression, or grave misconduct or neglect in the performance of duty.

[1698-16.]

SECTION 730. Administrative Discipline of Subordinate Officers and Employees. – For neglect of duty or violation of reasonable office regulations, or in the interest of the public service, a chief of Bureau or Office may remove any subordinate officer or employee from the service, suspend him without pay for not more than two months, reduce his salary or compensation, or deduct therefrom any sum not exceeding one month’s pay.

[1698-3 (n), 14, 16.]

SECTION 731. Person in Classified Service or Entitled to Leave. – If the person temporarily suspended or from whose pay a deduction is made is in the classified service or being in the unclassified service is entitled to accrued leave, the discipline imposed shall not take effect until the order imposing the same receives the approval of the proper Department head, after having been submitted to the Director of Civil Service for recommendation.

[1698-16.]

ARTICLE VII

Contract to be Executed by Civil-Service Employee Coming from United States

SECTION 732. Contract to be Executed by Appointee Coming from United States. – A person residing in the United States who contemplates accepting an appointment in the Philippine civil service to any other position than that of a judgeship or a place filled by appointment of the President or Secretary of War, shall, before receiving such appointment, execute and deliver to the Chief of the Bureau of Insular Affairs, a contract, wherein he shall agree to remain in the service of the Government of the Philippine Islands for at least two years unless released by the Governor-General or proper head of Department.

Upon breach of such contract by the appointee or upon his removal for cause, he shall be liable for any sum still due to the Government for expenses in bringing him to the Islands, and all salary and travel expense then due or accruing to him shall be withheld as forfeited, and he shall be thereafter debarred from again entering any branch of the Philippine service.

[1698-29 (c).]

SECTION 733. Right of Person Dying or Separated from Position Without Fault. – Where a regularly appointed employee of the permanent service dies or is separated from the service on account of disability, lack of work, or the abolishment of his position, and through no fault of his own, he or his estate shall be allowed such accrued leave as he may have earned for the time served and the travel expense and half pay to which he would have been entitled had he served two full years.

[Com. Res., Dec. 7, 1906.]

ARTICLE VIII

Allowance for Disability

SECTION 734. Allowances in Case of Injury, Death, or Sickness Incurred in Performance of Duty. – When a person in the Philippine civil service is so injured in the performance of duty as thereby to receive some actual physical hurt or wound, the proper head of Department may direct that absence during any period of disability thereby occasioned shall be on full pay, though not for more than six months, and in such case he may in his discretion also authorize the payment of the medical attendance, necessary transportation, subsistence, and hospital fees of the injured person. Absence in the case contemplated shall be charged first against vacation leave, if any there be.

[1698-25 (d).]

If a person in such service is killed or dies of injuries received in line of duty, the Department head may authorize the payment of reasonable burial expenses and of three months’ salary or wages to the widow or dependent child or children of such deceased person, which shall be in accord with his efficiency and service to the Government.

[2120-1; 2123-1.]

In case sickness follows as a direct and immediate consequence of the performance of some act in the line of duty the Department head may in his discretion authorize the payment of the necessary hospital fees.

[2120-1.]

For employees of the city of Manila the time allowance and disbursements contemplated above shall not be granted except upon recommendation of the municipal board; and in the case of employees of a provincial government, upon the recommendation of the provincial board.

[2120-1; 2123-1.]

SECTION 735. Priority of Government Employee in Admission to Hospitals. – A person entitled under the rules of any Government hospital to service in the free wards thereof, shall have a right of priority in admission to such free wards, being a Government employee, or the wife, or minor child of such.

TITLE VII

Bureaus and Offices Pertaining to Department of Interior

CHAPTER 25

Philippine Health Service

PRELIMINARY ARTICLE

Title of Chapter

SECTION 745. Title of Chapter. – This chapter shall be known as the Public Health Law.

ARTICLE I

Organization and Powers of Philippine Health Service

SECTION 746. Chief Officials of Philippine Health Service. – The Philippine Health Service shall have one chief and one assistant chief, designated respectively as the Director of Health and the Assistant Director of Health. Each of these officers shall be a physician of good repute and a graduate from a medical college of recognized standing. The Director of Health shall be a person possessed of special knowledge regarding hygiene and tropical medicine, and his term of service shall be four years and until the qualification of a successor.

Consistently with the provisions of this chapter, the Director of Health shall possess the powers conferred generally on Bureau chiefs.

[1407-5; 2468-13.]

SECTION 747. Functions of Philippine Health Service. – The Philippine Health Service is charged with the protection of the health of the people of the Philippine Islands and the maintenance of sanitary conditions therein. Its general powers and duties shall extend to and comprehend, among other things:

(a) The conduct and management of Government hospitals and sanitaria.

(b) The control and supervision of all hospitals for dangerous communicable diseases, the detection and detention of persons suffering from such diseases, and the making of provision for their isolation until they shall cease to be a source of infection.

(c) The control over the sanitation of school-houses and school premises and over prisons, penal settlements, jails, and other places for the detention of arrested persons, convicts, or offenders of any sort.

(d) The effectuation and maintenance of internal quarantine in times of epidemic or threatened spread of any dangerous communicable disease.

(e) The sanitary disposal of the dead and the control over the sanitation of cemeteries.

(f) The effectuation, at regular intervals or from time to time as conditions may require, of systematic inoculations of the people of the country by the use of virus, serums, or prophylactics.

(g) The dissemination of hygienic information among the people and especially the inculcation of knowledge as to the proper care of infants and the methods of preventing and combating dangerous communicable diseases.

(h) The making, from time to time, of adequate inspections of all health organizations or offices, taking account of their equipment and facilities and the character of their work.

(i) The making of investigations in the following matters and the collection of statistical data or other information relative thereto, to wit: the general vital statistics of the Philippine Islands; the causes, pathology, and means of preventing diseases, especially those of an epidemic or communicable character; the sources of mortality in the Philippine Islands and the effects of localities, employments, conditions, habits, foods, beverages, and medicines on the health of the people; the conditions affecting children and child life among all classes of people and the means of providing for their social, physical, and sanitary welfare and the preservation of their lives and health; and the chemical composition and medical properties of the minero-medicinal waters of the Islands.

[157-4; Comp., 728; 2468.]

SECTION 748. Scope of Internal Quarantine. – “Internal quarantine”, as used in subsection (d) of the preceding section, is restricted to human beings and such things as might convey infection. It includes all public-health quarantine except that maintained under the port-quarantine regulations of the Philippine Health Service and that effected under authority of the United States.

SECTION 749. Quarantine Regulations for Coastwise Ports and Inland Places. – Provision shall be made in the regulations of the Philippine Health Service for the effectuation and maintenance, as occasion therefor may arise, of port quarantine for the governance of vessels entering coastwise ports in the Philippine Islands.

[1340-1.]

SECTION 750. Regulations for Prevention and Suppression of Dangerous Communicable Diseases. – The regulations of the Philippine Health Service may, among other things, contain provisions prescribing the methods to be followed and the special means to be used for the prevention and suppression of dangerous communicable diseases generally, the abatement of nuisances endangering the public health, and the removal of the cause of any special disease or mortality.

[157-4 (h); 1458-36.]

When it shall appear to the Director of Health that rabies exists among dogs or other animals in any community in such a degree as to constitute a grave menace to the public health, he shall, with the approval of the Secretary of the Interior, give publicity to such fact by publication of a notice in a local newspaper, if any there be, and also by posting the same in one or more prominent places in the community. Such notice shall describe the locality of infection and shall admonish owners, or persons having control or possession of dogs and other animals liable to contract or convey the disease, effectually to muzzle or otherwise restrain said animals, under the penalty of law, for such period of time as shall be defined in said notice. Notice so published shall have the same effect as other lawful regulations of the Philippine Health Service.

[2461-1.]

SECTION 751. Final Action of Governor-General Upon Health Regulations. – In case the Director of Prisons shall question the propriety of any sanitary rule, regulation, or order promulgated by the Philippine Health Service with respect to the sanitation of any Insular prison or other Insular penal institution or for the sanitary protection of the inmates of any such institution, and in case the Director of Education shall question the propriety of any similar rule, regulation, or order with respect to the sanitation of any school, the matter shall be submitted to the Governor-General, whose decision thereon shall be final.

[1407-5 (c).]

SECTION 752. Philippine Health Service as Local Board for Manila. – The functions of a local board of health for the city of Manila shall be performed by the Philippine Health Service, its powers in this behalf being exercised immediately by the Director of Health in the manner and to the extent prescribed in article ten of this chapter or as otherwise by law allowed.

[157-4 (l).]

SECTION 753. Drafting and Recommendation of Sanitary Laws. – The Director of Health may draft, or cause to be drafted, and through the Department head may recommend to the Legislature for passage, sanitary laws for the Philippine Islands and laws for the extension of the service of the Philippine Health Service into all parts thereof. Among such projects shall be included laws governing the following professions and occupations: (a) medicine and surgery; (b) pharmacy; (c) dentistry; (d) midwifery; (e) nursing; (f) embalming and undertaking; (g) plumbing; and (h) sanitary engineering. In the same manner laws may be prepared and proposed regulating or controlling offensive and dangerous industries or occupations.

[157-4; 1760-1-8.]

SECTION 754. Recommendatory Authority of Director of Health as to Local Ordinances. – As occasion requires the Director of Health may recommend, for enactment by the proper local authorities, in the form of ordinances or otherwise, regulations for cities, municipalities, and populous places relative to the procurance and sanitary conservation of an adequate supply of pure water; the sanitary protection and conservation of foods and foodstuffs; the cleansing of sewers, streets, walks, roads, alleys, public squares, and parks; the collection and disposition of garbage, dead animals, night soil, and contents of cesspools; and the safeguarding of the sanitary conditions of buildings, premises, resorts, and other places of public or private character; or other matters requiring sanitary regulation.

SECTION 755. Power Over Local Ordinances and Orders. – The Director of Health, with the approval of the Secretary of the Interior, may suspend, modify or annul any ordinance, regulation, or order enacted or promulgated by a local board of health or municipal council or by any local or municipal official in the exercise of authority over matters of sanitation when in the opinion of said Director such ordinance, regulation, or order is detrimental to the interests of the public health.

[1407-5.]

SECTION 756. Authority of Governor-General to Invest Director of Health with Emergency Powers. – When it shall be shown to the satisfaction of the Governor-General that the city of Manila or any province or part of the Philippine Islands is threatened with or suffering from an epidemic of dangerous communicable disease, he may issue an executive order declaring that the place or portion of the Islands in question is so threatened with or suffering from an epidemic and he may, in such order, invest the Director of Health with emergency powers, to be defined in said order, with authority to prescribe, subject to the approval of the Secretary of the Interior, such emergency health regulations as may be deemed necessary to prevent or suppress the occurrence or spread of the epidemic in question. Such regulations shall, from issuance, have the same force and effect and shall be enforced in the same manner, as if enacted by legislative authority, throughout the city, district, or part thereof specified in such regulations.

[1150-8; 1487-17.]

When it is shown to the satisfaction of the Governor-General that the danger of an epidemic has passed, he shall so declare by executive order, and upon publication of such executive order the emergency health regulations shall become null and void, unless in such executive order it is specifically declared that one or more of the emergency regulations shall remain in effect for a further period to be prescribed.

[1150-9; 1487-17.]

SECTION 757. Inspection Work in General. – Consistently with law and the regulations of the Philippine Health Service, the Director of Health shall make, or cause to be made, regular inspection of the cleansing of sewers, streets, walks, alleys, public squares and parks; of the collection and disposition of garbage, dead animals, night soil, and contents of cesspools; and of the sanitation of houses, factories, mills, schools, prisons, dairies, markets, meat shops, bakeries, public water supplies, public bath houses, wells, cisterns, cemeteries, undertaking establishments, asylums, jails, barracks, barrooms, theaters, and all public institutions and places of public resort.

[157-6; Comp., 730.]

SECTION 758. Power of Entry. – When necessary to the due administration of laws, regulations, and ordinances within the jurisdiction of the Philippine Health Service, the Director of Health or other proper health officer or inspector may in a lawful manner and at reasonable hours make entry into grounds, inclosures, and buildings.

[157-6; Comp., 730.]

SECTION 759. Authority of Director of Health to Require Reports and Information. – The Director of Health shall have the power to require reports and information concerning any matter or matters with respect to which he may need information for the discharge of his official duties from all public dispensaries, asylums, hospitals, infirmaries, prisons, penitentiaries, schools, and from the managers, principals, or officers thereof, and from all other public institutions, their officers or managers, and from the proprietors, managers, lessees, and occupants of all places of public resort throughout the Islands, and from common carriers, as well as from physicians, pharmacists, dentists, nurses, cirujanos ministrantes, and midwives engaged in the practice of their profession, and other persons who may be able to furnish information of public value.

[157-4 (g).]

It shall be the duty of any person upon whom requisition is made for report or information under this section to supply the same within such reasonable time as may be required.

SECTION 760. Command of Services of Medical Employees in General. – Subject to the approval of the proper head of Department, the Director of Health may require the services, without additional compensation, of any medical officer or employee in the Government service.

[1989-1 (Bur. Health).]

SECTION 761. Authority of Officials to Administer Oaths and Take Testimony. – The Director of Health, the Assistant Director of Health, the president of the council of hygiene, the secretary of the council of hygiene, the chiefs of divisions, and district health officers shall have authority to administer oaths in the transaction of official business. The same officials, and any other person thereunto especially deputed by the Director of Health, shall have further authority to take testimony in any matter within the jurisdiction of the Bureau or in any special investigation into its affairs conducted by or upon the order of the Director of Health or the Secretary of the Interior.

ARTICLE II

Council of Hygiene

SECTION 762. Administration of Philippine Health Service. – The Philippine Health Service shall be administered by the Director of Health, under the supervision of the Secretary of the Interior, and with the advice and assistance of the council of hygiene as in this article provided.

[2468-2, 3, et seq.]

SECTION 763. Council of Hygiene – Appointment and Qualification of Members. – The council of hygiene shall be composed of a professor of the College of Medicine and Surgery of the University of the Philippines, a professor of the medical faculty of the University of Santo Tomás, a member of the Colegio Médico-Farmacéutico, a member of the Philippine Islands Medical Association, a senior officer of the Philippine Health Service, one attorney at law, and one other person who shall be an owner of real property in the Philippine Islands, all to be appointed by the Governor-General on nomination of the Secretary of the Interior.

[2468-4.]

SECTION 764. President and Secretary of Council. – The president of the council of hygiene shall be the chief executive officer thereof. He shall be a physician and shall be appointed by the Governor-General on nomination of the Secretary of the Interior from among the members of the council other than the officer of the Philippine Health Service detailed thereto, which latter officer in addition to his other functions shall act as secretary of the council.

[2468-9.]

SECTION 765. Term of Office of Appointive Members. – The appointive members of the council of hygiene shall hold office for a period of five years to be defined in the appointment, the appointments being so adjusted as to require at least one appointment to be made each successive year. A person appointed to supply an interim vacancy shall hold only until the expiration of the term of the original appointee.

[2468-6.]

SECTION 766. Compensation and Travel Expense of Members of Council. – The president of the council of hygiene shall receive such compensation as shall be allowed by current appropriations. The other appointive members, not being Government employees, shall receive per diems at the rate of twenty pesos for each meeting attended by them, or for each day spent outside of Manila on official business, not to exceed in the case of any individual the sum of seven hundred and twenty pesos in any one year.

Members of the council shall be entitled to reimbursement of travel expense to the same extent as other Government officers.

[2468-5.]

SECTION 767. Meetings of Council. – The council of hygiene shall hold regular meetings at least once a month on call of the president, and shall hold special sessions at any time when requested by the Director of Health or by a majority of the members.

A majority of the members of the council of hygiene shall constitute a quorum.

[2468-7, 8.]

SECTION 768. Authority of Council to Conduct Investigations and Propose Laws or Regulations. – The council of hygiene shall have authority to conduct investigations into matters connected with hygiene and public health in the Philippine Islands, particularly those concerning vital statistics, puericulture, nutrition, potable waters, sanitary condition of dwellings, removal and disposal of refuse, public works for drainage purposes, prevention of contagious and epidemic diseases, school hygiene, industrial and professional hygiene, marine and harbor health matters, exploitation or sale of foods, drugs, and medicines, operation of provincial health inspection, health districts and municipal health districts, and the practice of medicine and surgery in all their branches, of odontology, optometry, pharmacy, nursing, midwifery, and embalming, as well as the practice of veterinary medicine in its bearing upon the public health. The results of all such investigations and labors shall be submitted as advisory to the Director of Health.

The council of hygiene may prepare drafts of measures for enactment into law upon subjects within the scope of the Philippine Health Service. Such measures shall be submitted, through the Director of Health, to the Secretary of the Interior, and if approved by him shall be proposed to the Legislature.

It shall also have authority to propose to the Director of Health regulations relative to the sanitation of houses, restaurants, barber shops, factories, mills, schools, prisons, dairies, markets, meat shops, bakeries, public water supplies, public bathhouses, wells, cisterns, cemeteries, crematories, undertaking establishments, asylums, jails, barracks, barrooms, railroads, tramways, public vehicles and all public institutions and places of public resort, and in general any sanitary rules and regulations, or ordinances, designed to protect the public health or to make the administration of the laws relating thereto more efficacious or more uniform. It may thus propose regulations for the conduct or management of sanatoria, colonies, insane asylums, orphanages and invalid homes, and for any Government hospital except the Philippine General Hospital.

[2468-3 (a), (c), (f).]

SECTION 769. General Consultative and Advisory Functions of Council. – It shall be the duty of the council of hygiene, as a consultative and advisory body, to investigate and consider any matter relative to the public health or connected with the administration of the Philippine Health Service, or the discipline of its officers and employees, which may be placed before the council by the Director of Health; and its advice and assistance shall be at all times available to him.

[2468-3 (a, b).]

The council of hygiene may aid in the preparation of estimates for appropriations for the Philippine Health Service and may prepare literature on matters of health and sanitation, to be disseminated for the instruction of the public.

[2468-3 (b, h).]

SECTION 770. Management of Charitable Institutions and Distribution of Charitable Funds. – The council of hygiene shall have authority, with the approval of the Director of Health, to direct the management of orphanages and invalid homes of the Government and, subject to the like approval, to distribute such charity funds as may be lawfully under control of the Director of Health in such dispensaries or health establishments as may, in its judgment, be qualified to render service beneficial to the public.

[2468-3 (e).]

SECTION 771. Authority to Require Information. – For the effectual exercise of the powers conferred upon it, the council of hygiene may in its discretion require information concerning any matter related with the public health from the various branches, Bureaus, and Offices of the Insular, provincial, and municipal governments, from professionals or persons in charge of work related with the health service, and from the owners, managers, lessees, and occupants of public places.

[2468-3 (b).]

ARTICLE III

Commissioned Service

SECTION 772. Commissioned Service. – All officers of the Philippine Health Service whose duties are such as to require professional skill in medical science, except the Director and Assistant Director of Health, shall constitute a branch of the Philippine Health Service to be known as the commissioned service, and they shall be therein commissioned according to grade by the Governor-General.

There shall be four grades in the commissioned service, to wit: (1) senior medical inspector, (2) medical inspector, (3) senior surgeon, (4) surgeon.

The appointment of a member of the commissioned service as Director or Assistant Director of Health shall not affect his status as a commissioned officer nor deprive him, upon return to duty in said service, of any increase of future salary incident to the period of his service as Director or Assistant Director.

[2468-12, 17, 21.]

SECTION 773. Qualifications for Appointment as Commissioned Officer. – To be eligible for appointment as commissioned officer of the Philippine Health Service, a person must be a citizen of the Philippine Islands or of the United States and a physician of good repute and character, legally entitled to practice medicine and surgery in the Philippine Islands.

[2468-18.]

SECTION 774. Salaries of Commissioned Officers. – Commissioned officers of the Philippine Health Service shall receive salaries per annum as follows:

Senior medical inspector or medical inspector, being chief of division, six thousand pesos; senior medical inspector, four thousand pesos; medical inspector, three thousand pesos; senior surgeon, two thousand pesos; surgeon, one thousand six hundred pesos. The position of chief of division shall not be permanently held by any officer below the grade of medical inspector.

[2468-17.]

SECTION 775. Additional Pay. – Commissioned officers of the Philippine Health Service shall be entitled to receive additional pay at the rate of ten per centum for each five years of service; but a chief of division shall not receive more than eight thousand pesos, nor a senior medical inspector more than five thousand five hundred pesos, and other officers shall not receive such additional pay in an amount exceeding forty per centum of the pay of their respective grades.

In case of any future promotion, the years of service for the purposes of this paragraph shall be computed from the date of such promotion and not from the date of entrance into the service.

Medical officers assigned to duty at the leper colony, Culion, shall be entitled to receive an additional ten per centum on their pay proper while so serving.

[2468-17; 2540-1 (Phil. Health Service.]

SECTION 776. Additional Pay Based Upon Linguistic Attainments. – Any commissioned officer of the Philippine Health Service who may demonstrate special knowledge of any language used in the Philippine Islands may receive additional compensation for such knowledge at not to exceed one hundred pesos per annum for each such language.

[2468-17.]

SECTION 777. Grade of Original Appointments. – Except as provided in the next succeeding paragraph hereof, no original appointment in the commissioned service shall be made above the grade of surgeon.

If the Director of Health finds that a necessity exists for special expert services in the commissioned service, and, with the approval of the Secretary of the Interior, certifies that no physician or surgeon then in the service possesses the requisite special qualifications, an original limited appointment may be given by the Governor-General for a period of four years or less, to any physician or surgeon upon his having been examined and approved by the Bureau of Civil Service if a resident of the Philippine Islands, or by the Civil Service of the United States if a resident of the United States.

[2468-20.]

SECTION 778. Promotions. – A vacancy in any grade in the commissioned service shall be filled by promotion from the grade next below that of the position in question. Two-thirds of all promotions to such vacancies shall be made by seniority and one-third by selection.

[2468-23.]

SECTION 779. Promotion of Surgeon. – A surgeon, passing the requisite examination, shall be entitled to promotion to the next higher grade after three years’ service, and in making this computation time served in any medical capacity under the Government other than as interne shall be counted.

[2468-23.]

SECTION 780. Examination Requirement. – No officer shall be appointed to any position in the commissioned service or promoted to any higher grade therein unless he shall have passed the requisite civil-service examination.

[2468-23-25.]

All examinations for appointment and promotion shall be thorough and shall include physical, moral and professional qualifications. It shall cover such subjects as the Director of Health may prescribe and be conducted in such manner as may be required by the Civil Service Law and rules.

[2468-25.]

An applicant for appointment who is found, upon examination, not to possess the requisite professional qualifications, shall be allowed a second examination after one year, but not a third.

[2468-26.]

The same rule shall apply to an officer examined for promotion to a higher grade.

[2468-7.]

SECTION 781. Disqualification for Promotion. – All appointments to the position of surgeon shall be considered probationary, and any surgeon who, upon a second examination for promotion, is found to be professionally disqualified for promotion to the next higher grade shall be honorably discharged by the Governor-General.

Any senior surgeon who, on second examination, is found to be professionally disqualified for promotion to the next higher grade shall be debarred therefrom; but he may be continued in service as a senior surgeon, subject to successful passing of an examination appropriate to that grade, every five years, to determine his continuous competency to perform the duties pertaining thereto.

Any medical inspector who, on a second examination, is found to be professionally disqualified for promotion to a higher grade shall be ineligible for promotion but may continue to serve in his present grade.

[2468-28.]

SECTION 782. Special Examination for Specialist. – Any officer in the commissioned service may, upon his own application, be subjected to a special examination in any subject relating to the practice of medicine, surgery, or hygiene; and if such examination demonstrates the possession by such officer of an exceptional and expert knowledge of the subject in which he is examined, such officer shall be officially designated as a specialist and, so far as the interest of the service may permit, he shall be given assignments to duty affording opportunity for the exercise of such special knowledge. Any designation as specialist shall cease on promotion of the holder to the next higher grade, but may be revived on successfully passing another special examination in the same or another subject.

[2468-29.]

SECTION 783. Preparation and Rating of Examinations. – The Council of Hygiene, through its medical members, shall assist the Director of Civil Service in the preparation and rating of examinations for appointment and promotion in the Philippine Health Service and in the making of nominations to supply positions therein.

[2468-3 (g).]

SECTION 784. Discipline and Removal. – Members of the commissioned service shall hold office during good behavior and shall not be dismissed from the service without hearing and without consideration of the recommendation of the council of hygiene; but nothing herein shall be construed to prevent the discharge of persons physically unfit for service or who fail to pass satisfactory examinations.

For the purpose of making investigations into charges against a commissioned officer the council of hygiene shall have authority to take and receive evidence; and its conclusion shall be submitted to the Secretary of the Interior, through the Director of Health, in the form of a recommendation for the dismissal of the charge against the accused or for the imposition of a disciplinary penalty, not inconsistent with the provisions of the Civil Service Law, such as reprimand, reduction of pay, reduction in rank, or dismissal from the service, as the case may require. The recommendation of the council shall show the names of the members who concur in it.

[2468-3 (j).]

SECTION 785. Discharge for Physical Unfitness. – Any officer found on examination at any time to be physically unfitted for the service by reason of his own misconduct or habits shall be discharged by the Governor-General.

[2468-27.]

ARTICLE IV

Miscellaneous Provisions Relative to Service in General

SECTION 786. Placing of Officer on Waiting Orders. – When he deems such course to be in the interest of the public service, the Secretary of the Interior may place any official of the Philippine Health Service on waiting orders, for a period not exceeding six months, and while so serving such officer shall receive half pay.

[2468-22.]

SECTION 787. Status of Assistant Surgeon. – An assistant surgeon shall possess the same qualifications and be entitled to the same increase in pay by reason of length of service as a commissioned officer, but he shall not, by virtue of his appointment as assistant surgeon, be entitled to promotion.

[2468-17, 18, 23.]

SECTION 788. Compensation of Sanitary Inspectors. – As regards compensation the Insular sanitary inspectors of the Philippine Health Service shall be on the following basis: Entrance salary, one thousand eight hundred pesos per annum; after one year’s service, one thousand nine hundred and ninety-two pesos; after two years’ service, two thousand one hundred and sixty pesos; after three years’ service, two thousand two hundred and eighty pesos.

[2319-1 (Bur. Health).]

ARTICLE V

District Health Officers

SECTION 792. Division of Philippine Islands into Health Districts – District Health Officers. – With the approval of the Secretary of the Interior, the Director of Health shall divide the Philippine Islands, into such number of health districts as shall from time to time be deemed advisable. The several health districts shall, so far as practicable, be co-extensive with the respective provinces, but where the local conditions require, two or more provinces, or parts of provinces may be united into one health district.

To each health district there may be assigned by the Director of Health a district health officer who shall be the chief representative of the Philippine Health Service within his district.

Upon emergency additional health officers may be assigned to a particular district, or the district health officer of another district may be assigned to temporary duty therein.

The Director of Health may also assign to any health district such other duly authorized sanitary officers or employees as he may deem necessary.

Unless the Director of Health shall otherwise order, additional district health officers and other sanitary officers and employees assigned to a health district as hereinabove provided shall be subject to the supervision and control of the proper district health officer of the district to which the assignment is made, if such officer be there on duty.

[1487-2; Comp., 763.]

SECTION 793. Local Health Officer Designated to Serve Temporarily as District Health Officer. – During the temporary absence or disability of a district health officer or during a temporary vacancy caused by his death, the Director of Health may designate any local health officer temporarily to serve as acting district health officer. The person so designated shall, during the time he serves in such capacity, receive the salary of the health officer of the district in question, provided the same be not by law payable to the district health officer who is substituted, or his estate if he be dead. When a local health officer is so receiving the salary of a district health officer, he shall receive no salary in other official capacity.

[1487-9.]

SECTION 794. Supervisory and General Powers of District Health Officer. – The district health officer, within his district, shall exercise general supervision and control over the health and sanitary work, and shall exercise general supervision and control over the municipal boards of health, or other health organizations, and over the local health officers within his district. He shall have the power to institute all proceedings necessary to abate nuisances, and he may cause to be prosecuted all violations of sanitary laws and ordinances and the lawful regulations applicable to the district; and he shall have the power to remove the cause of any special disease or mortality.

[1487-11.]

When it comes to the attention of a district health officer that any municipal ordinance relating to sanitation in any municipality of his district is being disregarded and the enforcement thereof neglected, he shall direct the attention of the municipal president to the matter and the latter shall thereupon take such action as may be necessary to secure the proper enforcement of such ordinance and shall otherwise collaborate with the health authorities in securing the effectual administration of the health laws and regulations.

[1487-18.]

The district health officer may appoint provincial sanitary inspectors or other provincial sanitary employees when the provincial board or boards of the district shall make provision for the payment of their salaries.

[1487-12.]

SECTION 795. Authority in Matter of Sanitation of Buildings. – District health officers shall have authority to require that owners, agents, or occupants of any buildings, premises, places, or any part thereof shall place and maintain them in a sanitary condition so far as the same relates to cleanliness.

[1487-18.]

SECTION 796. Visitation of Jails and Other Government Institutions. – For purposes of inspection and for the rendering of medical service to inmates, district health officers shall make, or cause to be made by the local health officers under them, regular and adequate visitation of all provincial or municipal prisons, or jails, and other Government institutions within their respective jurisdictions.

[985-5; 1487-12, 14.]

In case any prisoner shall die in prison or jail without medical attendance, it shall be the duty of the district health officer to make or cause to be made an examination and to report to the provincial board or other proper authorities the cause of his death.

[413-4.]

SECTION 797. Investigation into Cause of Death. – The district health officer, upon the request of any provincial fiscal of a province within his district, or of any judge of a Court of First Instance, or of any justice of the peace, shall conduct in person, when practicable, investigations in cases of death where there is suspicion that death was caused by the unlawful act or omission of any person, and shall make such other investigations or reports as may be required in the proper administration of justice.

[1487-15.]

SECTION 798. Person to Make Investigation. – When it is not practicable for the district health officer to conduct such investigation in person, he may require any local health officer or member of a municipal board of health who is a registered physician to perform such duty; and where the services of a registered physician in the Government service cannot be thus obtained he may require a cirujano ministrante who is member of the board or a sanitary inspector to act in the matter.

[1487-15.]

SECTION 799. Travel Expense. – The actual and necessary travel expense of any person employed as aforesaid, incurred by reason of such service, shall be paid by the province when the investigation must be made or testimony taken at a place some distance removed from the place of his residence.

[1487-15.]

SECTION 800. Procurance of Service of Physician Not in Government Service. – If a suitable person in the employment of the Government is not available for the purpose of making the investigation above indicated, the district health officer may arrange, when necessary, for the performance of said service by a commissioned medical officer in the service of the United States, or by any other reputable physician, in which case payment shall be made from funds of the province for which such services were performed by fees according to a fixed schedule to be prescribed by the Director of Health.

[1487-15.]

SECTION 801. Clerical Assistance for District Health Officer – Office Room and Supplies. – The provincial board of the province in which the district health officer has his permanent station shall provide the necessary clerical assistance for the district health officer, and shall furnish suitable office room and the necessary furniture, equipment, supplies, printing, stationery, and blank forms necessary to the proper conduct of the business of the office.

[1487-8.]

SECTION 802. Estimate to be Submitted to Provincial Board by District Health Officer. – The district health officer of each health district shall prepare for each province of his district an estimate showing the probable expense of conducting the work of his office in the said province for the period for which the regular estimates of other provincial expenses are made, and shall seasonably submit the same to the provincial boards, together with such additional information as may be required as a basis for appropriation. The district health officer shall furnish a copy of such estimates to the Director of Health.

[1487-10.]

SECTION 803. Reimbursement of Salaries Paid to Officers and Employees Assigned to Health District. – The province or provinces comprised in a health district shall reimburse the Philippine Health Service for the salaries paid to all officers and employees assigned by the Director of Health to such district.

[1487-3.]

To this end a province comprising a health district shall deposit in the Insular Treasury, to the credit of the Philippine Health Service, on or before the thirty-first of January and July of each year, the sum so expended for salaries during the six months next preceding the first of January and July of the same year. Where a health district comprises more than one province the proportion to be thus paid by each shall be determined by the Insular Auditor upon the basis of the populations of the provinces concerned.

[1487-4.]

When a district health officer is temporarily assigned to a district paying less for the services of its district health officer than that regularly received by the officer so assigned, he shall continue to receive during such temporary assignment the salary of his regular position.

[1785-1.]

ARTICLE VI

Municipal Boards of Health

SECTION 804. Creation of Municipal Board of Health. – There may be a municipal board of health in each of the several municipalities of the Philippine Islands, which board shall be organized at such time as the district health officer for the province in which the municipality is situated may direct, and the provincial board approve.

[308-1.]

SECTION 805. Constitution of Membership of Municipal Board of Health. – Each municipal board of health shall consist of -

(a) A president, who shall be a registered physician or cirujano ministrante, or in case a civilian physician is not available, an Army surgeon, in the discretion of the Governor-General.

(b) A member, who shall be chosen by majority vote of the municipal council.

(c) A school teacher of the municipality, who shall be appointed by the division superintendent of public instruction for the division in which the municipality is situated.

(d) The municipal secretary, ex officio.

(e) A pharmacist, if there be such available and resident within the municipality, who shall be appointed an honorary member by the municipal president, without the right to vote.

[308-2; 878-1.]

These officers shall be removable only by the functionaries by whom they are respectively appointed.

SECTION 806. Appointment of President – Compensation. – The president of the municipal board of health shall be appointed by the Director of Health, upon the recommendation of the district health officer of the province in which the municipality is situated. When no person possessing the requisite legal qualifications is available for president of a municipal board of health the Director of Health may appoint any suitable person to such position.

The salary of the president shall be fixed by the municipal council, and shall not be less than the salary of the municipal secretary. The other members of the board shall serve without compensation.

[308-3; 2156-1.]

SECTION 807. Secretary of Board – Duties. – The municipal secretary shall be the secretary of the board. He shall keep its records, compile its statistics, and shall render such other clerical assistance in connection with the legitimate work of the board as it may direct.

[308-4.]

SECTION 808. Meetings of Board. – The municipal board of health shall hold regular meetings on the second and fourth Wednesdays of each month, and special meetings at the call of the president, or of a majority of the members.

[308-5.]

SECTION 809. Powers and Duties of Municipal Board of Health. – Subject to the supervision and control of the district health officer, a municipal board of health shall have general supervision over the health and sanitary condition of the municipality and of its several barrios. It shall cause to be prosecuted all violations of sanitary laws or ordinances and shall enforce the regulations of the Philippine Health Service. It shall have power and authority to abate nuisances endangering the public health, and to remove the cause of any special disease or mortality. It shall be the duty of a municipal board of health to draft and recommend to the municipal council for passage suitable ordinances or regulations for carrying into effect the powers conferred upon such body in matters of sanitation.

During epidemics of dangerous communicable diseases and at such other times as may be deemed necessary, the municipal board of health shall appoint such sanitary inspectors as the municipal council may authorize. It shall perform such other duties with reference to the health and sanitation of the municipality as the district health officer for the province in which the municipality is situated shall direct.

[308-5.]

SECTION 810. Functions and Duties of President of Municipal Board of Health. – The president of the municipal board of health shall be its chief executive officer, and shall exercise general supervision and control over the various branches of its work. Subject to the provisions of law with reference to public vaccinations, he shall conduct such vaccinations for the people of his municipality. In a case of emergency, when a quorum of the board cannot be obtained, he may exercise the powers conferred upon a municipal board of health by this chapter, but he shall report his action to the municipal board of health for ratification at the earliest practicable time. On or before the tenth days of March, June, September, and December he shall prepare and submit to the municipal council quarterly estimates, showing the probable expense of properly conducting the work of the board for the coming three months. He shall make such reports and discharge such other duties with reference to the health and sanitation of the municipality as the district health officer for the province in which the municipality is situated or the Director of Health may require.

[308-6.]

When a municipal board of health has been established in a municipality where a provincial jail is located, the president of such municipal board of health shall act as physician to the prisoners confined in the provincial jail.

[363-1.]

Presidents of municipal boards of health shall report to their respective municipal boards of health all births that may come to their notice, giving in each case the sex and race of the child, the name of its parents, and the date of its birth.

[309-12.]

SECTION 811. Assignment of President of Board to Duty in Other Municipality. – The Director of Health may in the exercise of discretion assign presidents of municipal boards of health to temporary duty outside the municipalities in which they are regularly located. The travel expenses and subsistence of presidents of municipal boards of health so assigned shall be paid during such assignment from the Insular Treasury.

[677-1.]

ARTICLE VII

Municipal Health Districts

SECTION 812. Creation of Municipal Health District. – With the approval of the respective municipal councils and the approval of the Director of Health, the district health officer may organize any two or more neighboring municipalities into a municipal health district, and such municipalities composing a district may employ jointly a president of the municipal health district thus constituted who shall also act as president of the municipal board of health of each municipality comprised in the said municipal health district.

[1613-1.]

Upon the forming of a municipal health district, the local health organizations of the respective municipalities shall not be affected except as herein expressly provided.

SECTION 813. Duties and Powers of President – Mode of Appointment. – Presidents of municipal health districts shall be subject to the same requirements and provisions of law as presidents of municipal boards of health, except as to restriction of salary, and shall be appointed in the same manner.

[1613-1.]

SECTION 814. Meetings of Boards in Municipalities Comprised in District. – In a municipality which is a component part of a municipal health district, meetings shall be held at the call of the president.

[1613-3.]

SECTION 815. Salary and Travel Expense of President. – The president of a municipal health district shall receive such compensation as may be appropriated by the respective municipal councils and approved by the Director of Health and shall be reimbursed by the municipality for which travel is performed for traveling expenses necessarily incurred in the discharge of his official duties.

[308-1, 2; 1613-1, 2.]

ARTICLE VIII

Municipal Sanitary Divisions

SECTION 816. Creation of Sanitary Divisions. – When the district health officer shall so recommend, the provincial board shall organize the municipalities of the province into sanitary divisions conformably with the provisions of this article, unless the Governor-General shall otherwise direct.

A sanitary division may comprise one or more municipalities, not exceeding four, and any such division shall be deemed to be created only when the resolution of the provincial board creating it shall have been approved by a majority of the municipal councils of the municipalities embraced therein.

When a municipality, whether previously a part of a health district or not, is incorporated in a sanitary division, its existing health organization and the offices pertaining thereto shall be deemed to be abolished.

[2156-1.]

SECTION 817. Dissolution of Sanitary Division. – A sanitary division may be dissolved, with the approval of the provincial board and Secretary of the Interior by the affirmative vote of a majority of the councils of the municipalities concerned.

[2156-1.]

SECTION 818. President of Sanitary Division. – There shall be a president for each sanitary division who shall be appointed by the Director of Health.

[2156-1.]

SECTION 819. Qualifications. – Such president shall be a duly qualified physician; but in emergency conditions, of the existence of which the Director of Health shall judge, persons with qualifications satisfying the Director of Health may be appointed to act temporarily as presidents of sanitary divisions.

[2156-1.]

SECTION 820. Powers and Duties of President. – The duties of the president of a sanitary division shall be performed under the immediate supervision of the district health officer. His powers and duties shall be as follows:

(a) He shall, subject to the direction of the district health officer, exercise general supervision over the hygienic and sanitary conditions of the division, including public and private premises therein, shall enforce all sanitary laws and regulations applicable in his division, and shall cause all violations of the same to be duly prosecuted.

He shall have the power and authority to abate any nuisance endangering the public health and to remove the cause of any special disease or mortality, and to enforce any internal quarantine regulations applicable to the municipalities of his division.

(b) He shall provide himself with the necessary appliances and also the instruments for all emergency cases, medical, surgical, and obstetrical.

(c) He shall draft and recommend to the municipal council of his division suitable ordinances or regulations for carrying into effect the powers conferred by law upon such bodies in respect to matters of sanitation.

(d) He shall inspect at least weekly, and as much oftener as may be necessary each of the municipalities in his division, and shall give free consultation to the indigent poor in each municipality for at least two hours weekly in the local municipal building or any other local available building found to be more suitable.

(e) He shall, when requested, attend personally and gratuitously all cases of dystocic labor among the poor and, when necessary, shall request the assistance of the president of the nearest sanitary division.

(f) He shall prepare and forward to the district health officer the quarterly report and other health reports of each municipality within his division.

(g) He shall keep such records and statistics as may be required by the district health officer.

(h) He shall carry out, and when so directed, he shall supervise the work of vaccination and disinfection in his division.

(i) He shall visit any house or place where any person is suffering or is dead of a dangerous, communicable disease and shall carry out the prescribed and other measures necessary to prevent the spread of such disease. He shall, whenever practicable, furnish free medicines to indigent patients, and when requested he shall render, free of charge, medical services to all Government officers and employees, to all persons in custody, and to other person entitled to such service.

(j) In the case of accidents or serious injuries received by an indigent person whose condition is such as not to allow of removal to the municipal building, he shall when requested afford free treatment at the person’s own house or elsewhere.

(k) He shall cooperate with the presidents of other sanitary divisions or other local health officers in the suppression of any epidemic.

(l) He shall, when deputed by the district health officer, examine the bodies of persons who die without medical attendance in his division, and shall issue the necessary certificate of death.

(m) He shall, once a year or more frequently if necessary, give in each of the barrios or other convenient areas of his sanitary division a public lecture in the local dialect, either directly or through an interpreter, on medical and sanitary subjects of local importance.

(n) He shall, whenever so directed by the district health officer, attend such conferences of presidents of sanitary divisions as the district health officer shall call.

[2156-1, 3.]

SECTION 821. Place of Residence. – The president of a sanitary division shall reside in the place which, in the judgment of the district health officer, will afford the greatest facilities for the proper discharge of his duties.

[2156-2.]

SECTION 822. Sanitary Inspectors – Their Powers and Duties. – Each municipality of a sanitary division shall have one or more sanitary inspectors, appointed by the provincial board on the recommendation of the district health officer after consulting with the president of the sanitary division.

[2156-5.]

SECTION 823. Duties and Powers of Inspectors – How Defined. – The duties and powers of sanitary inspectors shall be determined by the district health officer of the province in conference with the presidents of the local sanitary divisions.

[2156-5.]

SECTION 824. Removal of President or Inspector – How Effected. – Presidents of sanitary divisions and sanitary inspectors shall not be removed from office without an investigation made by the provincial board and the health officer of the district. In any such investigation the accused shall be given an opportunity to defend himself before final action is taken and he shall also have a right of appeal to the Director of Health, who may confirm, rescind, or vary the decision of the provincial board.

[2156-10.]

SECTION 825. Drugs and Medical Supplies to be Kept by President. – There shall be maintained in every municipality a suitable stock of drugs and medical supplies under the charge and responsibility of the president of the sanitary division. From any such stock articles may be sold at cost plus the necessary reasonable surcharge to cover cost of preparation and losses due to transportation, deterioration, or other causes. The permanent value of such stock at any dispensary shall not exceed two hundred and fifty pesos. The sale of medicines from the public stock shall cease when a pharmacy is opened by a pharmacist or other person legally authorized to sell medicines in the locality, and when such pharmacy is opened the municipal supplies shall be used exclusively for public free service.

[2156-4.]

SECTION 826. Health Fund – How Created and Maintained. – Each municipality embraced in a sanitary division shall set aside each year an amount not less than five per centum nor more than ten per centum from its general funds and each provincial board shall set aside a like amount from its general funds, which amount, added to that appropriated by the municipalities under its jurisdiction shall constitute a special fund to be known as the “health fund”.

[2156-6.]

The Governor-General may authorize the amounts hereinbefore specified to be set aside by a municipality or province to be increased or decreased, and a contribution to be made from Insular funds if an appropriation has been made for that purpose, which in no case shall exceed one-half the amount contributed by the municipalities and the province.

[2468-16.]

SECTION 827. How Health Fund to be Used. – The health fund thus created shall be deposited with the provincial treasurer and, except as provided in the next succeeding paragraph hereof, shall be used only for the purpose of paying the salaries and traveling expenses of presidents, subordinate officers and employees of the sanitary divisions of the province, and the travel expenses necessarily incurred by the same, from their place of residence, upon proceeding to their station to assume the office, upon appointment, and for the purchase of medicines, medical supplies, and disinfectants to be distributed among the municipalities concerned for sanitary and other medical purposes, and other incidental expenses for carrying out the purposes of sections eight hundred and sixteen to eight hundred and thirty, inclusive, hereof.

[2232-1.]

The salaries of district health officers and their assistants, and expenses in connection with their duties, may be paid from this fund, with the prior approval of the Secretary of the Interior.

[2468-16.]

If at the close of the fiscal year there shall remain any balance in the health fund provincial boards are hereby authorized to accumulate such balances from year to year for the purpose of establishing hospitals, benevolent institutions in the province, or of carrying out other permanent sanitary improvements.

SECTION 828. Municipality Not Contributing to Health Fund. – Municipalities included in a sanitary division whose general funds do not exceed three thousand pesos a year shall, upon application to the Director of Health, be relieved from liability to contribute to the health fund of the sanitary division, and in such case shall not be entitled to participate in the benefits of such fund.

[2156-6.]

SECTION 829. Salaries of Officials and Employees Pertaining to Sanitary Division. – The provincial boards shall in accordance with recommendation of the district health officer, when approved by the Director of Health, fix the salaries of the presidents of sanitary divisions and other sanitary employees of the province. The salaries of presidents of sanitary divisions shall not be less than one thousand two hundred pesos per annum nor more than three thousand six hundred pesos per annum.

[2166-7.]

SECTION 830. Travel Expenses. – The travel expenses of presidents of sanitary divisions and other sanitary employees on official business shall be regulated by the district health officer of the province with the approval of the provincial board.

[2156-7.]

Whenever in the course of official service any president of a sanitary division travels to visit or attend any pay client or patient, he shall not be entitled to reimbursement for travel expenses incurred in this latter regard and shall state in a sworn voucher to accompany his claim for reimbursement that the claim does not include any such expense.

[2156-6.]

In case of illness, or authorized absence the president of a sanitary division may, with the approval of the district health officer, arrange with the president of another sanitary division to act in his stead, such service to be without additional salary; in such cases the president so acting shall recover the travel expenses and per diems to which the regular incumbent of the position is entitled. In the event of any officer refusing to render such service the district health officer shall designate for duty such president as he deems fit.

[2156-9.]

SECTION 831. Leaves of Absence – Provision for Acting President. – Leaves of absence upon occasion of illness or for other cause shall be allowed under such conditions as the provincial authorities and the district health officer may approve, but during an epidemic no leave shall be granted without the approval of the Director of Health.

[2156-9.]

ARTICLE IX

Sanitary President in Community Possessing No Health Organization

SECTION 832. Sanitary President in Unorganized Community. – In a municipality or other community where no regular health organization can be maintained, any suitable person may, upon the recommendation of the district health officer, be designated as sanitary president by the provincial board, with power to perform, under the supervision of the district health officer and in accordance with the regulations of the Philippine Health Service, such duties appropriate to a local health officer as may be required of him. The term “local health officer”, as here used, includes presidents of sanitary divisions, presidents of municipal health districts, presidents of municipal boards of health, and sanitary inspectors.

Any person thus designated in a municipality shall, unless he be in the Insular or provincial service, be paid in the same manner as other municipal officers, and when a salaried municipal officer is so designated the compensation may be paid in addition to other salary.

ARTICLE X

Enactment of Health Ordinances for Manila

SECTION 833. Health Ordinances for Manila – How Drafted and Made Effective. – Subject to the approval of the Secretary of the Interior, the Director of Health, in the exercise of the function of local board of health for the city of Manila shall draft and forward, through the Secretary of the Interior, to the Municipal Board of the city of Manila for enactment, health ordinances for that city. It shall be the duty of the municipal board to enact the ordinances so forwarded; but if it shall consider any such ordinance to be unduly prejudicial to private interests or objectionable for other reasons, it shall promptly return such ordinance through the Secretary of the Interior to the Director of Health, together with such amendments as it may deem advisable. The Director of Health shall consider the amendments suggested, and shall make such changes in the ordinance, if any, as he may deem advisable, and shall return the same to the Municipal Board. In the event that the amendments, if any, adopted by the Director of Health and approved by the Secretary of the Interior are not satisfactory to the Municipal Board, the Municipal Board may appeal to the Governor-General, who shall decide the point or points at issue and prescribe the form which the ordinance shall take. His decision shall be final. If the Director of Health shall consider that the Municipal Board is unduly delaying action relative to any health ordinance duly transmitted to it for enactment, he may appeal, through the Secretary of the Interior, to the Governor-General, who may direct the Municipal Board to act on such ordinance or may himself approve it with such modifications as are deemed advisable, and every ordinance so approved by the Governor-General shall have the force and effect of law.

[1150-1; Comp., 733.]

SECTION 834. Subject Matter of Manila Health Ordinances. – The ordinances drafted by the Director of Health for the city of Manila may provide for -

(a) Entry and inspection in a lawful manner and at reasonable hours of all buildings and premises by officers or employees of the Philippine Health Service in the discharge of their duties, and by sanitary police when acting as sanitary inspectors.

(b) Cleansing, whitewashing, ventilation, and proper sanitary maintenance of all buildings and premises, the nature and thickness of materials to be used in covering the ground surfaces of all buildings or in covering open surfaces connected with cook houses, latrines, or other places where slops or foul liquids may be thrown or deposited; the conditions under which it shall be lawful to live in, occupy or use, let, sublet, or suffer or permit to be used for habitation or occupation any building or part thereof which is in an insanitary condition, and the cleansing of buildings and forbidding their occupancy until such time as they have been placed in satisfactory sanitary condition; prohibition of erection of insanitary buildings and of the erection of buildings on unhealthful sites.

(c) Fixing the maximum number of persons who may be permitted to occupy a dwelling or other building or any part thereof, and the number of lower animals that may be permitted to occupy any stable, corral, pen, pound, or other place or premises.

(d) Installation and maintenance of adequate and proper drainage of buildings and premises, including the materials to be used in and the construction of plumbing systems, drains, trappings, water-closets, vaults, latrines, urinals, cesspools, and sanitary fixtures and appliances.

(e) Proper sanitary maintenance, scavenging, collection and disposal of refuse, garbage, and manure, the removal and disposal of night soil, and the proper construction of receptacles for such substances.

(f) Maintaining in a proper sanitary condition, hotels, restaurants, saloons, tenements, lodging houses, emigration or immigration houses, factories, workshops, jails, prisons, theaters, convents, schools, or other places of public assembly or resort; markets, bakeries, confectioneries, dairies, manufactories of aerated waters or of bottled or other drinks or of ice; food-preserving establishments and other places where foods or drinks are prepared or offered for sale; securing the healthfulness and purity of foods or drinks sold or offered for sale in any such building, establishment, or place, and the sanitary conveyance of the same thereto and therefrom; and for such other purposes relative to their sanitary condition as the Director of Health may deem advisable.

(g) Sanitary regulation of the business and fixing the location of tanneries, renderies, tallow chandleries, bone factories, soap factories, and other offensive or unwholesome establishments, businesses, or occupations which are dangerous to the public health, or the removal of the same when already established, if necessary to secure proper sanitation; sanitary maintenance of butcher shops and slaughterhouses; sanitary regulation of the killing of animals thereat and of removal or conveyance of carcasses therefrom or thereto; and for the purpose of preventing the killing of animals in other places than authorized slaughterhouses; and such other matters and things as may be deemed desirable for the purpose of securing the proper sanitary conduct of such trades, businesses, manufactories, and occupations.

(h) Sanitary control and maintenance of public stables, baths, and laundries.

(i) Protection from infection of all public and private water supplies and sources, and prohibition of the use of water of dangerous character for domestic purposes.

(j) Prevention and suppression of dangerous communicable diseases; compulsory reporting of such diseases, compulsory inoculation of persons in order to prevent the occurrence or spread of any such diseases; cleansing and disinfection of buildings or premises where any such disease has occurred, and disinfection or destruction of bedding, clothing, or other articles contained therein; compulsory vacation, repair, removal, or destruction of any such building; quarantining of any building, premises or place declared by the Director of Health to be infected with a dangerous communicable disease; regulation of the movements of persons or animals into or from any such infected building, premises, or place, and the removal of the dead or of carcasses, fodder, litter, dung, clothing, utensils, or any other thing into, within, or from any such quarantined building, premises, or place; establishment of detention camps and dangerous communicable disease hospitals; isolation or removal to hospitals or places of detention of persons affected by or who have been exposed to any dangerous communicable disease, and their detention in their homes, in hospitals, or elsewhere until danger of their developing or communicating such diseases has passed; maintenance in a sanitary condition of all live-stock pens, stables, corrals, and other places of detention or maintenance of animals; condemning, killing, and disposal of animals sick of any dangerous communicable diseases; and disposal of the bodies of animals dying from any such disease.

(k) Cleansing and preservation in a sanitary condition of vessels and boats in the harbor of Manila or within the city limits not within or subject to the jurisdiction of the quarantine service.

(1) Cleansing and preservation in a sanitary condition of the harbor of Manila, and of rivers, esteros, canals, or other waterways and their shores included within the city limits.

(m) Destruction of rats, mice, insects, or vermin capable of carrying or communicating any dangerous communicable disease, and prescribing the means and precautions to be employed on land or in vessels in port at Manila, to minimize their number and prevent their spreading infection.

(n) Humane care of all persons confined or placed in public or private institutions or places of detention within the city because of sickness, deformity, imbecility, poverty, insanity, or other affliction, and provision of sanitary accommodations for persons so confined or placed.

(o) Reporting and registration of marriages, births, deaths, and other matters deemed by the Director of Health to be of sanitary or statistical importance.

(p) Registration and maintenance in a sanitary condition of morgues, undertaking establishments, receiving vaults, and places for embalming or burial of the dead.

(q) Shipment, exhuming, burial, or disposal of the dead.

(r) Definition, declaration, and prohibition of nuisances dangerous to the public health; location and use of public drains, sewers, latrines, and cesspools, and construction and use of private drains, sewers, latrines, and cesspools.

(s) Cleansing, drainage, or filling in of low lands where such lands are in an insanitary condition and in the opinion of the Director of Health constitute a serious menace to the public health. But no order for the cleansing, drainage, or filling in of such land involving a cost of more than three hundred pesos, shall be effective without the approval of the Secretary of the Interior.

[1150-3.]

SECTION 835. Territorial Force of Ordinances for Protection of Water Supply. – Ordinances enacted for the purpose of protecting the purity of the water supply of Manila shall apply to and be enforced over all territory within the drainage area of such water supply or within one hundred meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with the city water service.

[1150-3 (i).]

SECTION 836. Publication of Ordinances. – All health ordinances of Manila shall be published in English and Spanish, and in the discretion of the municipal board in other languages. A copy of any such ordinance shall be furnished free to any applicant who is an adult resident of Manila and in such language as may be desired, where publication has been made in such language.

[1150-4.]

SECTION 837. Sanitary Inspections – How to be Made and Supervised. – Sanitary inspections in Manila shall be made under the general supervision and control of the Director of Health by district medical inspectors of the Philippine Health Service, by such members of the police force of the city of Manila as shall be designated as sanitary police by the chief of police, and by such sanitary inspectors as may be authorized by law. Sanitary police and sanitary inspectors shall make sanitary inspections under the immediate direction of district medical inspectors, to whom they shall report the results of such inspections.

[1150-6.]

SECTION 838. Dangerous Accumulations of Refuse – How to be Dealt with. – Should the Director of Health find that excreta, garbage, refuse, the contents of closets, vaults, cesspools, or any other unhealthful or dangerous substance is being collected, disposed of, or allowed to accumulate by the city authorities in such a manner as to endanger the public health, he shall make complaint through the Secretary of the Interior to the Municipal Board, and should the Municipal Board fail to take seasonable and suitable measures to remedy the evil, the Director of Health shall make complaint through the Secretary of the Interior to the Governor-General, who shall issue to the Municipal Board such instructions as he may deem necessary in the interest of the public health.

[1150-7.]

SECTION 839. Inspection of Buildings and Drainage System in Manila. – The Director of Health shall inspect or cause to be inspected buildings, plumbing, waterworks, drainage and sewer systems, streams, and esteros within the limits of the city of Manila, and shall cause to be prepared plans for and estimates of the cost of remedying insanitary conditions discovered by him. He shall further cause to be prepared plans and estimates of the cost of improving the general sanitary condition of unhealthful districts in Manila.

[1150-12; 1407-5.]

SECTION 840. Manila Health Fund. – When the Governor-General shall so direct, the Municipal Board of the city of Manila shall set aside annually an amount equivalent to a certain fixed per centum, to be specified by the Governor-General, of its general funds. This allotment shall be known as the Manila health fund and shall be used under the supervision of the Director of Health, to supplement the Insular appropriations for the health service in said city.

[2468-16.]

ARTICLE XI

Hospital and Medical Attendance

SECTION 841. Jurisdiction of Philippine Health Service Over Hospitals and Charitable Institutions. – Except as otherwise specially provided, the Philippine Health Service shall have the control and management of all hospitals, sanitaria, detention camps, and charitable institutions supported in whole or in part by Insular funds for the treatment or care of sick, infirm, or disabled persons.

[157-4, 5; 1407-5; 1458-36; 1760-1, 8.]

There is also vested in the Philippine Health Service a power of visitation and inspection over all hospitals and institutions for the treatment or care of sick, infirm, indigent, or disabled persons, to be exercised so far as may be necessary to secure the proper treatment and sanitary protection of their inmates.

The Philippine Health Service shall also exercise a general supervisory authority over institutions and persons in whom the Director of Health may by contract confide the treatment or care of those who should be maintained or assisted from funds appropriated for the Philippine Health Service, so far as such supervision may be necessary for the enforcement of any such contract and the protection of the persons so confided to them.

[2122.]

SECTION 842. Subsistence and Quarters for Employees in Hospital Service. – Upon direction of the Director of Health, medical officers and employees rendering services in hospitals controlled by the Philippine Health Service shall be furnished subsistence, quarters, and laundry in kind at the expense of the hospital or other institution where said medical officer or employee may be assigned to duty.

[2319-1 (Bur. Health).]

SECTION 843. Ministration to Indigent Poor. – It shall be incumbent upon the Philippine Health Service, as funds may be available therefor, to provide for the proper care and medical treatment of poor people in clinics, hospitals, or otherwise.

SECTION 844. Free Medical Service – How Rendered. – District health officers shall, when practicable, render, or cause to be rendered by the local health officers of the respective municipalities of their several districts, such medical service as may be required for Insular, provincial, and municipal prisoners or other persons entitled to free medical service therein.

In the city of Manila and other places accessible to the Philippine General Hospital or hospitals or clinics supported by the Philippine Health Service the free medical service may be rendered through such agencies or through other agencies provided for by law or regulation.

[985-5; 1487-12, 14.]

SECTION 845. Duty of Medical Officers of Other Bureaus to Render Medical Service. – Where a physician of the Philippine Health Service or other health officer is not available to perform medical service for a Government employee or other person entitled thereto, such service shall be rendered by any accessible medical officer of the Philippine Constabulary or other Bureau.

[2319-1 (Bur. Health).]

SECTION 846. Medical Attendance for Government Employee Sick at Point Remote from Hospital. – When an officer or employee of the Insular Government or of a provincial government is ill at a point remote from a hospital under the control of the Insular or of a provincial government, and it appears that medical attendance is necessary to preserve his life, the Director of Health at the direction of the Governor-General, shall order a medical officer or nurse to attend such ill person and, if necessary, conduct him to the nearest hospital for treatment.

[1925-1.]

SECTION 847. Payment of Expenses. – The actual and necessary travel expenses of such physician or nurse shall be a proper charge against the Bureau or Office with which the patient is connected, and, if the patient is an employee of a provincial government, such travel expenses may be made a proper charge against the provincial treasury.

In such case the travel expenses and subsistence of such ill employee to or from a hospital shall be a personal charge to be borne by himself.

[1925-1.]

SECTION 848. Medical Supplies for Use in Provinces and Municipalities. – Medicines and supplies used by a district health officer in attending persons entitled to free medical service shall, if such service is not rendered through an Insular hospital, be furnished by the province; and such supplies used by a local health officer for the same purpose shall be furnished by the municipality, unless the expense is chargeable to the health fund of a sanitary division.

Medicine for the treatment of the indigent poor may be furnished by the Philippine Health Service whenever it shall be shown to the satisfaction of the Director of Health that the province or municipality in which the medicines are to be used is financially unable to supply the same.

[1487-14.]

SECTION 849. Inhibition Against Receiving Pay for Free Service. – In no case shall an officer or physician whose duty it is to render free medical service receive any payment therefor, either directly or indirectly.

[985-5; 1487-12; Comp., 1235.]

ARTICLE XII

Government Hospitals for Insane

SECTION 850. Words and Phrases Defined. – “Government hospital for the insane”, as used in this chapter, includes any place for insane persons under Government control or any private institution or person receiving insane patients under contract with the Director of Health.

“Insane person”, as herein used, is a person afflicted with insanity, which, in the intendment of this law, is a manifestation, in language, or conduct, of disease or defect of the brain, or a more or less permanently diseased or disordered condition of the mentality, functional or organic, and characterized by perversion, inhibition, or disordered function of the sensory or of the intellective faculties, or by impaired or disordered volition.

[2122-9.]

SECTION 851. Authority of Director of Health as Regards Supervision Over Insane Persons. – The Director of Health shall have authority to inquire into the history and mental condition of all insane or alleged insane persons and require information relating to such persons; to make such regulations as may be necessary for the sanitary erection, maintenance, and repair of buildings in which the insane are quartered, and to prescribe such rules and regulations as may be necessary for the public safety and for the general welfare and proper protection of all persons under treatment for insanity, whether such persons be under the care of public or private institutions or of their guardians or other persons in their homes.

[2122-1.]

SECTION 852. Admission of Insane Persons to Hospitals for Insane. – The Director of Health shall have authority to admit insane persons to any Government hospital for the insane, upon such terms as the Secretary of the Interior shall approve.

[2122-2.]

SECTION 853. Authority of Director of Health to Make Contracts for Care of Insane. – When necessary or desirable for the adequate and proper accommodation of insane persons, the Director of Health may make contracts, subject to the approval of the Secretary of the Interior, with private institutions or persons for the care, custody, and treatment of persons coming within the provisions hereof.

[2122-3.]

SECTION 854. Judicial Proceedings for Commitment of Insane Person. – The Director of Health, in all cases where in his opinion it is for the public welfare or for the welfare of any person who in his judgment is insane, and when such person or the person having charge of the patient is opposed to his being taken to a hospital or other place for the insane, shall present, or cause to be presented, a petition to the Court of First Instance of the district wherein the person alleged to be insane is found, alleging that such person is insane, that it is for the welfare of the public or of the patient that he be taken to a suitable place for treatment, and praying the court to commit such person to a hospital or other place for the insane.

If the judge shall find, after due hearing, that the person in question is insane, and that his relatives are unable for any reason to take proper custody and care of the patient, he shall order his commitment to such hospital or other place for the insane as may be recommended by the Director of Health.

[2122-4.]

SECTION 855. Authority of Director of Health to Confine Insane Person – Care of Property. – In the case contemplated in the preceding section the Director of Health may, upon emergency or if the court having jurisdiction is not in session, confine the patient without detriment to his legal status; and if the confinement of such person shall involve the care of property or money belonging to or held in trust by him, the municipal president at the request of the provincial fiscal, or in the city of Manila the chief of police at the request of the city prosecuting attorney, shall take charge of such property and money pending the appointment of a guardian by the court; but the Director of Health shall cause proceedings to be instituted within a reasonable time in order that the court may determine the legal status of the patient.

[2122-4.]

SECTION 856. Payment of Expenses Incident to Care of Insane Person. – The expense of sending an insane person to a hospital or other place for the insane, and of his maintenance therein, shall be paid by the guardian from the property of such insane person, if any there be, or by the person whose duty it is to care for such insane person. In all cases where the insane patient, or the person responsible for his support, is unable wholly or in part to pay the expenses of the patient’s transportation to the hospital and return, or for his maintenance and care while at the hospital, the same, or such part thereof as may be due, shall be chargeable to the municipality in which the patient is a bona fide resident at the time of his commitment. Upon the order of the Governor-General, such expense may, in any case, be made a charge against the Philippine Health Service.

[2122-5.]

SECTION 857. Appointment of Committee to Inquire into Mental Condition of Patient. – When in the opinion of the Director of Health there exists a reasonable doubt as to the mental condition of a person who has already been or might be admitted or committed to a Government hospital for the insane, the Director of Health may appoint a committee of two or more duly qualified physicians to inquire into the mental condition of such person, which committee shall submit a written report in the matter to said Director.

[2122-6.]

SECTION 858. Authority of Municipal President to Restrain Insane Person. – When in the opinion of a municipal president an insane person constitutes a menace to the safety of himself or others, or when the conduct of a person believed to be insane is such as to call for immediate restraint, he shall provide for the proper custody of such person and report such facts immediately to the Director of Health, by whom such person shall be committed to a hospital or other place for insane persons or otherwise dealt with according to law.

[2122-8.]

SECTION 859. Discharge of Patient from Custody. – When in the opinion of the Director of Health any patient in any Government hospital or other place for the insane is temporarily or permanently cured, or may be released without danger, he may discharge such patient, and shall notify the judge of the Court of First Instance who ordered the commitment, in case the patient is confined by order of the court.

[2122-7.]

SECTION 860. Assistance of Fiscal in Judicial Proceedings. – It shall be the duty of the provincial fiscal, or in the city of Manila of the fiscal of the city, to prepare the petition for the Director of Health and represent him in court in matters arising under the provisions of this article, when thereunto requested by said Director.

[2122-4.]

SECTION 861. Obligation of City of Manila to Reimburse for Maintenance of its Insane. – The city of Manila shall reimburse the Philippine Health Service, at rates to be approved by the Secretary of the Interior, for the maintenance of all insane persons committed to a hospital for the insane maintained by said Bureau who shall have resided in Manila for a period of one or more years prior to the date of application for commitment, so long as the number of insane maintained at the expense of the Insular Government on account of the city of Manila shall exceed the latter’s pro rata share of such persons on a basis of population.

[2319-1 (Bur. Health).]

ARTICLE XIII

Supervision of Orphans

SECTION 862. Transfer of Child from Institution for Poor Children. – The board of trustees or directors of any asylum or institution in which poor children are cared for and maintained at public expense are authorized, with the consent of the Director of Health, to place any orphan or other child so maintained therein whose parents are unknown, or being known are unable or unwilling to support such child, in charge of any suitable person who may desire to take such child and shall furnish satisfactory evidence of his ability suitably to maintain, care for, and educate such child.

[1670-1.]

The intrusting of a child to any person as herein provided shall not constitute a legal adoption and shall not affect the civil status of such child or prejudice the right of any person entitled to its legal custody or guardianship.

[1670-2.]

SECTION 863. Duty of Person Assuming Care of Child. – It shall be the duty of any person who shall thus take any child from an asylum or institution suitably to maintain, care for, and educate it while in his custody.

[1670-3.]

SECTION 864. Supervision of Director of Health – Restoration of Child to Institution from which Taken. – The Director of Health shall personally or by agent visit every child so committed to the care of a private person at least once every three months and shall make all needful inquiries as to its welfare; and if he shall find that any such child is not being properly maintained, cared for, and educated, or if the person with whom such child has been placed shall no longer desire to retain the custody thereof, he shall again place the child in the asylum or institution from which it was taken.

[1670-3, 4.]

SECTION 865. Adoption of Child from Institution for Poor Children. – Upon the application of any person to the trustees or directors of any asylum or institution where poor children are maintained at public expense to adopt any child so maintained therein, it shall be the duty of such trustees or directors, with the approval of the Director of Health, to report the fact to the provincial fiscal, or in the city of Manila to the fiscal of the city, and such official shall thereupon prepare the necessary adoption papers and present the matter to the proper court. The costs of such proceedings in court shall be de officio.

[1670-5.]

ARTICLE XIV

Public Vaccination

SECTION 866. Prohibition Against Vaccination by Means of Smallpox Virus or Smallpox Lymph. – Vaccination shall be effected by the use of vaccine virus. The inoculation of any human being with smallpox virus or smallpox lymph, either directly or indirectly, shall be unlawful.

[1894-1.]

SECTION 867. Stated Time for Vaccination. – Beginning in the first week of January of each year the provincial and municipal authorities, or other local authorities, shall cause a thorough public vaccination to be accomplished in their respective jurisdictions.

[309-9.]

Each municipal or township council or other local authority shall provide and furnish a suitable room or rooms for carrying on the work of vaccination within its respective jurisdiction.

[309-10.]

SECTION 868. Employment of Special Vaccinators. – With the approval of the Department head, the Director of Health may temporarily employ special vaccinators to render service in places or communities where vaccination is necessary to prevent the spread of smallpox, if the local authorities are unable to meet the sanitary requirements.

[309-1.]

SECTION 869. Persons Liable to Vaccination. – Every person in the Philippine Islands shall submit to vaccination when thereunto lawfully required, unless he shall furnish satisfactory evidence either by a certificate from a physician or vaccinator, or otherwise, to the effect that he is immune from the disease of smallpox. Such vaccination shall be performed gratis.

[309-2.]

SECTION 870. Certificate of Vaccination – Record of Vaccinations. – A vaccinator shall furnish a certificate to each person vaccinated by him, showing the date of vaccination and such other facts pertinent thereto as may be specified in forms prescribed by the Director of Health. It shall also be his duty to make an official record of all vaccinations performed by him containing such data as shall be prescribed by said Director.

[309-8; 1894-1.]

SECTION 871. Duty of Parents and Guardians to Have Children Forthcoming for Vaccination. – Every parent, guardian, or person having charge of one or more children over three months of age shall see that they are presented for examination and vaccination at such place and time as may be specified by proper authority, and that they are returned on the eight day after such presentation to said place so that the result of the vaccination may be verified.

[309-3.]

SECTION 872. Vaccination of Children in Schools, Orphanages, and Asylums – Duty of Person in Control. – The presidents, principals, boards of directors, managers, or any person or persons having charge of universities, colleges, academies, seminaries, public or parochial schools, orphanages, or asylums, or other places where children are educated, reared, or cared for, shall present such children for vaccination within said institution at such times as may be specified by proper authority.

[309-6.]

ARTICLE XV

Segregation of Lepers

SECTION 873. Segregation of Lepers – Duty of Police Officers. – The Director of Health and his authorized agents are empowered to cause to be apprehended, and detained, isolated, or confined, all leprous persons in the Philippine Islands; and it shall be the duty of every Insular, provincial, or municipal official having police powers, upon request of said Director or his agent, to arrest and deliver, at such place as the officer making the request shall indicate, any person alleged or believed to be a leper, in order that such suspect may be subjected to the medical inspection and diagnostic procedure necessary to determine the presence or absence of leprosy. It shall also be the duty of said authorities having police power to guard the person suspected of being a leper while he is in custody and to assist in removing him to a place of detention, treatment, or segregation and in restraining him at such place, when so required by the Director of Health or his agent; and if it be found that the suspected person is not a leper, they shall assist in his conveyance to the place at which he was arrested, unless other satisfactory arrangements are made.

[1711-1.]

SECTION 874. Confirmation of Diagnosis. – All protests and petitions shall be given careful consideration and if the diagnosis is questioned, no person shall be permanently removed to Culion reservation, or other place of segregation or detention, until the diagnosis of leprosy has been confirmed by bacteriological methods.

[1711-1.]

SECTION 875. Security of Property of Leprous Persons. – When the detention, treatment, isolation, or segregation of leprous persons shall involve the security of property and money belonging to or held by said leprous persons, the provincial treasurer, or such person as he may designate, shall act as guardian pending the appointment of a lawful guardian in the province where such person resides.

[1711-1.]

SECTION 876. Duty of Police Officers to Report Cases of Leprosy. – It shall be the duty of every police officer or other peace officer having reason to believe that any person within his district is afflicted with leprosy to report the fact forthwith to the district health officer of the district in which the case occurs.

[1711-3.]

SECTION 877. Harboring of Leprous Persons. – No person shall knowingly detain or harbor on premises subject to his control, or shall in any manner conceal or secrete, or assist in concealing or secreting, any person afflicted with leprosy, with the intent that such person be not discovered or delivered to the Director of Health or his agents, or shall support or assist in supporting any leper living in concealment.

[1711-2, 6.]

SECTION 878. Establishment of Hospitals and Detention Camps – Medical Treatment. – The Director of Health may establish for leprous persons hospitals and detention camps at such places as may be necessary, and where such hospitals and detention camps are established he may order the treatment of leprous patients in the incipient stage in order to attempt a cure, and he may discharge such patients as he shall deem cured or free from leprosy, and send to a place of segregation and isolation all such patients as shall be considered by him incurable or capable of spreading the disease of leprosy.

The Director of Health may permit any duly qualified and reputable physician to engage in the treatment of lepers or any person supposed to have leprosy. Such treatment shall be under the conditions and regulations prescribed by the Director of Health.

[1711-4.]

SECTION 879. General Regimen of Patients. – The Director of Health or his agents may require from patients such reasonable amount of labor as may be recommended by the attending physician and the Director of Health may further make and publish such rules and regulations as he may deem advisable for the amelioration of the condition of lepers.

[1711-4.]

SECTION 880. Control Over Person Living with Leper. – Voluntary helpers or friends while living with segregated lepers shall be under the control of the Director of Health and may thereafter be subjected to observation for a period to be prescribed by him.

[1711-5.]

SECTION 881. Jurisdiction of Secretary of Interior Over Culion Reservation. – The Secretary of the Interior shall have administrative control, to be exercised through the Director of Health, over the Culion reservation and he shall have authority to make, promulgate, and enforce in and for said reservation, and in or upon the waters thereof, such rules and regulations, consistent with law, as may be necessary for the efficient control, protection, and management of the Culion leper colony.

[1498-1.]

SECTION 882. Justice of Peace and Notary Public for Culion Reservation. – The chief of the Culion leper colony division of the Philippine Health Service shall be clothed with the powers of justice of the peace and ex officio notary public for the Culion reservation.

[1498-2, 3.]

SECTION 883. Control of Shipping and Travel in Culion Reservation. – It shall be unlawful for any owner, master, or other person in charge of any vessel, boat, or other water craft to land passengers, discharge cargo, or receive passengers or cargo, or permit the same to be done at any place in or within the jurisdiction of Culion reservation until a permit therefor in writing has been obtained from the chief of the Culion leper colony division of the Philippine Health Service; and it shall be unlawful for any person to land on or visit within said jurisdiction without permission from said chief.

[1498-4.]

SECTION 884. Articles for Transportation to Member of Leper Colony. – The family of any leper confined in the Culion leper colony may deliver to the district health officer of each province or to his representative, once in three months, any packages or parcels containing food, clothing, tobacco, letters, pictures, and generally all sorts of documents or papers, and nothing else, to be sent, at the expense of the Philippine Health Service, to the leper member of said family for his personal use, provided the total gross weight of each such shipment to a leper shall not exceed forty kilograms; but other articles or a greater quantity can be sent upon payment of the expense of transportation by the sender.

[1953-1, 4.]

“Family of any leper”, as herein used, shall include the parents, spouse, brothers, sisters, sons, and daughters of any leper confined as aforesaid; and it shall be the duty of the district health officer to ascertain and assure himself of such relationship in every instance before dispatching the articles.

[1953-3.]

SECTION 885. How Received and Dispatched. – The articles above mentioned shall be received at the provincial capital or other place in the province most convenient for shipment by sea; and it shall be the duty of the district health officer, by means of notices in English, Spanish, and the local dialect, posted at the door of every municipal building in the province, to give information as to the date or dates when such articles will be received at the place or places indicated in such notices. Such dates shall be fixed with a view to the making of proper connection with interisland mail steamers sailing from the port of embarkation. Receipts shall be given for all articles delivered for the purpose aforesaid, and such articles shall be shipped without delay to Culion by the most practicable transportation route.

[1953-2.]

SECTION 886. Supply Store for Leper Colony. – The Director of Health may maintain a general store for the purpose of furnishing merchandise required by the residents of the Culion leper colony, and for the purchase of supplies, and the reimbursement of services which such residents may, under the authority of the Secretary of the Interior, supply or render such colony.

[2319-1 (Bur. Health).]

The supply-store fund shall be reimbursable, the receipts from the business of the supply store being available for the payment of the expenses incident to the conduct of the same, without reappropriation.

ARTICLE XVI

Disposition of Bodies of Dead Persons

SECTION 887. City of Manila Excluded from Operation of this Article. – The provisions of this article shall not be in force in the city of Manila.

[1458-1.]

SECTION 888. Prohibition Against Burial in Unauthorized Places. – Except in cases of emergency, it shall be unlawful for any person to bury or inter, or to cause to be buried or interred, either temporarily or permanently, a dead body of any human being or any human remains in any place other than such as may lawfully be used for such purpose in conformity with the provisions hereof.

[1458-29.]

SECTION 889. Restriction as to Place of Sepulture. – No burial ground or cemetery shall be authorized or established, and no place shall be used for purposes of sepulture, which shall not be at least twenty-five meters from any dwelling house; but when compliance with this provision is impracticable the above restriction may be waived in whole or in part by written permit of the Director of Health, provided burial grounds or cemeteries or any part thereof, or for the erection, preservation, or removal of monuments, fences or other structure in or around said burial grounds or cemeteries, according to the terms of the grant, gift, or bequest. In cases where such grants, gifts, or bequests have been made without terms or conditions, they may be applied to such improvement of the municipal burial ground or cemetery as the council may deem advisable.

[1458-8.]

SECTION 896. Power of Municipality to Acquire Land for Cemetery Purposes. – Municipalities shall have authority to acquire land for the purpose of establishing or enlarging burial grounds or cemeteries by purchase, by lease, by the acceptance of gifts and bequests, or, when necessary, by condemnation by judicial proceedings.

[1458-9.]

SECTION 897. Cemetery Permits. – It shall be unlawful to establish, maintain, enlarge, reopen, or remove any burial ground or cemetery, or to disinter a human body or human remains, until a permit therefor, approved by the Director of Health, shall have been obtained.

[1458-12.]

SECTION 898. Mode of Application for Permit. – The application for a permit under the preceding section, whether for a municipal cemetery or otherwise, shall be transmitted by or through the municipal council of the municipality in which such burial ground or cemetery is to be established or is located and the municipal council shall make such endorsements thereon as it may deem proper before transmitting the same to the Director of Health.

Municipal councils shall forward all applications for the establishment, enlargement, reopening, or removal of burial grounds or cemeteries to the Director of Health within ten days after such applications are filed.

[1458-10, 12.]

SECTION 899. Cemetery Exempt from Taxation or Legal Process. – Land used for a burial ground or cemetery, public or private, shall be exempt from taxation, attachment, or levy of execution.

[1458-4, 10.]

SECTION 900. Authority of Director of Health to Close Cemetery. – The Director of Health shall have authority by order to close any burial ground or cemetery, whether conducted by a municipality, society, corporation, church, or by any person or persons, whenever he shall determine that the same is a menace to the public health.

[1458-11.]

SECTION 901. Authority of Municipal Council to Close or Remove Cemetery. – With the approval of the Director of Health, any municipal council may by ordinance or resolution, close any cemetery within the limits of the municipality over which it has jurisdiction and with the further approval of the Secretary of the Interior, any such cemetery may be removed by the same authority.

[1458-11.]

SECTION 902. Requirement of Certificate of Death – By whom to be Issued. – Except in cases of emergency, no dead body shall be buried without a certificate of death. If there has been a physician in attendance upon the deceased, it shall be the duty of the said physician to furnish the required certificate. If there has been no physician in attendance, it shall be the duty of the local health officer or of any physician to furnish such certificate. Should no physician or medical officer be available, it shall be the duty of the president, the secretary, or of a councilor of the municipality to furnish the required certificate.

[1458-15.]

The death certificate shall be forwarded by the person issuing it to the municipal secretary within forty-eight hours after death.

[1458-16.]

SECTION 903. Contents of Death Certificate. – Death certificates shall contain the following information, to wit: The name, age, sex, nationality, and occupation of the deceased; whether married or single, widowed or divorced; date of death, place of death, cause of death when known; duration of illness; residence of deceased; whether deceased was a permanent or transient resident of the municipality in which he died; whether the deceased had medical attendance, and if so the length of such attendance, the name and address of the physician attending; whether there are indications of violence or crime; and such other information as may be required for identification or statistical purposes.

[1458-16.]

SECTION 904. Proceedings in Case of Suspected Violence or Crime. – If the person who issues a death certificate has any reason to suspect or if he shall observe any indication of violence or crime, he shall at once notify the justice of the peace, if he be available, or if neither the justice of the peace nor the auxiliary justice be available, he shall notify the municipal president, who shall take proper steps to ascertain the circumstances and cause of death; and the corpse of such deceased person shall not be buried or interred until permission is obtained from the provincial fiscal, if he be available, and if he be not available, from the president of the municipality in which the death occurred.

[1458-17; 1627-41.]

SECTION 905. Burial and Transfer Permits. – Municipal secretaries in the capacity of secretaries of municipal boards of health, in places where such boards have been organized, or in places where there are no municipal boards of health, in the capacity of clerks to municipal councils, shall, upon the presentation of death certificates, issue permits for the burial or transfer of the dead and shall record on said certificates the place of interment and when practicable the number of the grave, and in cases of disinterment, in addition thereto, shall be noted the name of the cemetery and the number of the grave from which the body or remains have been transferred, and the disposition that is to be made of such body or remains. No permit shall be granted by any municipal secretary, or by any other person, to inter or disinter, bury or remove for burial, any human body or remains until a certificate of death, as hereinbefore required, shall have been filed; when it is impossible to secure a death certificate in the form and manner hereinbefore provided, municipal secretaries may issue the same upon such data as may be obtainable.

In case of the transfer of bodies or remains from one municipality to another municipality, a copy of the death certificate shall accompany the transfer permit.

[1458-18.]

SECTION 906. Exhibition of Permit to Sexton. – No sexton, superintendent, or other person having charge of a burial ground or cemetery shall assist in, assent to, or allow any interment, disinterment, or cremation to be made until a permit from the municipal secretary, authorizing the same, has been presented.

[1458-19.]

SECTION 907: Time Within which Body shall be Buried. – Except when required for the purpose of legal investigation or when specially authorized by local health authorities, no unembalmed body shall remain unburied longer than forty-eight hours after death; and after the lapse of such period the permit for burial, interment, or cremation of any such body shall be void and a new permit must be obtained.

When it has been certified or is known that any person died of, or with a dangerous communicable disease, the body of such person shall be buried within twelve hours after death, unless otherwise directed by the local board of health, or other health authority.

[1458-20.]

SECTION 908. Permit for Conveyance of Body to Sea for Burial. – Where death is not due to a dangerous communicable disease a special permit may, upon written request, be issued, by the officer authorized to issue burial permits, for the conveyance of a dead body to sea for burial. In such cases the body must be transported in the manner prescribed by the municipal board of health, if such there be, and the marine laws governing burials at sea must be complied with.

[1458-21.]

SECTION 909. Disposition of Body and Belongings of Person Dying of Dangerous Communicable Disease. – The body of any person dead of a dangerous communicable disease shall not be carried from place to place, except for the purpose of burial or cremation. It shall be the duty of the local health authorities to cause such body to be thoroughly disinfected before being prepared for burial and the house, furniture, wearing apparel, and everything capable of conveying or spreading infection shall also be disinfected or destroyed by fire. The local health authority, if there be any, subject to the approval of the Director of Health, shall, consistently with the provisions hereof, prescribe the conditions under which the bodies of persons dying of a dangerous communicable disease shall be buried or cremated.

[1458-22.]

SECTION 910. Permit to Disinter After Three Years – Treatment of Remains. – Permission to disinter the bodies or remains of persons who have died of other than dangerous communicable diseases, may be granted after such bodies have been buried for a period of three years; and in special cases the Director of Health may grant permission to disinter after a shorter period when in his opinion the public health will not be endangered thereby.

The body or remains of any such deceased person, upon exhumation, shall be immediately disinfected and inclosed in a coffin, case, or box, securely fastened, and this coffin, case, or box shall be placed in an outside box which shall also be securely fastened.

[1458-23.]

SECTION 911. Special Permit to Disinter Embalmed Body or to Remove from Receiving Vault for Transfer. – Special permits may be issued at any time for the disinterment or exhumation of remains of persons, dying of other than dangerous communicable diseases, that have been properly embalmed by an undertaker or embalmer, or for the transfer or removal of bodies that have been placed in a receiving vault awaiting transportation from the Philippine Islands. Boxes containing the bodies or remains shall be plainly marked so as to show the name of the deceased, place of death, cause of death, and the point to which such bodies or remains are to be shipped.

[1458-23.]

SECTION 912. Exhumation in Case of Death from Dangerous Communicable Disease. – Bodies or remains of persons who have died of any dangerous communicable disease may be exhumed only after the lapse of five years from burial, though in special cases the Director of Health may grant a permit to disinter after a shorter period when in his opinion the public health will not be endangered thereby.

In every such case the body or remains, after being disinfected, must be placed in a suitable and hermetically sealed container.

[1458-24.]

SECTION 913. Shipment of Remains by Sea. – No body or remains shall be shipped to the United States except under such conditions and regulations as may be prescribed by the United States Public Health Service. The outside box containing the body or remains of a deceased person intended for shipment by sea shall be plainly marked so as to show the name, age, nationality of the deceased person, the cause of death, and the destination of the remains.

[1458-25.]

SECTION 914. Placing of Body in Overground Tomb. – The placing of the body of any deceased person in an unsealed overground tomb is prohibited, unless the coffin or casket containing the remains shall be permanently sealed.

This provision shall not apply to tombs and vaults which are strictly receiving vaults for bodies or remains awaiting final disposition, nor to embalmed bodies awaiting final disposition.

[1458-26.]

SECTION 915. Depth of Grave. – A grave shall be dug, when practicable, to a depth of at least one and one-half meters, and after the implacement of the body it shall be well and firmly filled.

[1458-13.]

SECTION 916. Record of Deaths to be Kept by Local Board of Health. – It shall be the duty of each local board of health to keep a complete record of deaths occurring within its jurisdiction; and such board may require, from the person or persons charged with the burial of the dead, such reports as may be necessary for this purpose.

[1458-27.]

SECTION 917. Regulations for Government of Places for the Keeping or Repose of Dead. – All morgues, undertaking establishments, receiving vaults, and places for embalming the dead, and all burial grounds or cemeteries, crematories, or other places for the disposition of the dead, shall be subject at all hours to such inspection as the local health authorities or the Director of Health may deem advisable; and such institutions or establishments, whether public or private, shall be governed by sanitary regulations promulgated by the Director of Health.

[1458-28.]

SECTION 918. Persons Charged with Duty of Burial. – The immediate duty of burying the body of a deceased person, regardless of the ultimate liability for the expense thereof, shall devolve upon the persons hereinbelow specified:

(a) If the deceased was a married man or woman, the duty of burial shall devolve upon the surviving spouse if he or she possesses sufficient means to pay the necessary expenses.

(b) If the deceased was an unmarried man or woman, or a child, and left any kin, the duty of burial shall devolve upon the nearest of kin of the deceased, if they be adults and within the Philippine Islands and in possession of sufficient means to defray the necessary expenses.

(c) If the deceased left no spouse or kindred possessed of sufficient means to defray the necessary expenses, as provided in the two foregoing subsections, the duty of burial shall devolve upon the municipal authorities.

Any person upon whom the duty of burying a dead body is imposed by law shall perform such duty within forty-eight hours after death, having ability to do so.

[1458-31, 32.]

SECTION 919. Right of Custody to Body. – Any person charged by law with the duty of burying the body of a deceased person is entitled to the custody of such body for the purpose of burying it, except when an inquest is required by law for the purpose of determining the cause of death; and, in case of death due to or accompanied by a dangerous communicable disease, such body shall until buried remain in the custody of the local board of health or local health officer, or if there be no such, then in the custody of the municipal council.

[1458-33.]

SECTION 920. Restriction as to Funeral Ceremonies in Certain Cases. – In case of death due to dangerous communicable disease or due to any epidemic recognized by the Director of Health, the body of the deceased shall not be taken to any place of public assembly, nor shall any person be permitted to attend the funeral of such deceased person, except the adult members of the immediate family of the deceased, his nearest friends, not exceeding four, and other persons whose attendance is absolutely necessary. After the deceased shall have been buried for a period of one hour a public funeral may be held at the grave or in a place of public assembly or elsewhere.

In case of death due to other causes the right to hold public funerals in an orderly manner and to take the remains of the deceased into churches or other places for this purpose shall not be interfered with.

[1458-34.]

SECTION 921. United States Burial Corps Not Restricted by Provisions of this Chapter. – The provisions of this chapter shall not be construed to obstruct the United States burial corps when acting under the authority of the laws and military regulations of the United States, in so far as such provisions pertain to the disinterring of bodies or remains or their shipment after disinterment.

[1458-35.]

SECTION 922. Use of Dead Body for Scientific Purposes. – The body of any deceased person which is to be buried at public expense and which is unclaimed by relatives or friends for a period of forty-eight hours after death shall be subject to the disposition of the Philippine Health Service, and, by order of the Director of Health, may be devoted to the purposes of medical science and to the advancement and promotion of medical knowledge and information, subject to such regulations as said Director of Health, with the approval of the Secretary of the Interior, may prescribe. The regulations of the Director of Health shall provide for the decent burial of the remains of such bodies and for defraying the necessary expenses incident thereto. Except as herein provided, it shall be unlawful for any person to make use of any dead body for any scientific investigation other than that of performing an autopsy.

[1677-1, 2.]

CHAPTER 26

Philippine General Hospital

ARTICLE I

Organization and Functions of Philippine General Hospital

SECTION 925. Chief Officials of Philippine General Hospital. – The Philippine General Hospital shall have two chiefs, to be known as the Director of the Philippine General Hospital and the Assistant Director of the Philippine General Hospital. They shall be physicians of good repute and graduates from a medical college of recognized standing.

For administrative purposes the Director of the Philippine General Hospital shall have all the powers conferred generally on Bureau chiefs; but the council of hygiene shall exercise with respect to the Philippine General Hospital the same powers as are conferred on it with respect to the Philippine Health Service, the expenses of its service in this connection to be paid by the Philippine Health Service.

[2563.]

SECTION 926. Functions of Philippine General Hospital. – It shall be incumbent upon the Philippine General Hospital to provide for the training of medical students of the University of the Philippines and for the accommodation and medical treatment of emergency patients in the city of Manila, to render free medical service to such persons entitled thereto as shall apply for the same, and so far as the facilities and means of the Hospital shall extend, to supply medical service and medical attendance gratuitously to poor persons in said city. When not incompatible with the interests of the Hospital suitable accommodations and attendance shall be supplied to pay patients upon terms to be fixed by regulation.

[2563.]

SECTION 927. Regulations of Philippine General Hospital. – The Director of the Philippine General Hospital shall have authority, with the approval of the Secretary of the Interior, to adopt and promulgate such regulations, not inconsistent with law, as may be necessary to secure the efficient administration of the Hospital and the proper enforcement of all laws relating thereto but such regulations shall in no way limit the free admission to the clinics, operating rooms and wards of the Hospital of the students and members of the faculty of the College of Medicine and Surgery of the University of the Philippines.

[2563.]

SECTION 928. Subsistence and Quarters for Employees. – With the approval of the Secretary of the Interior, the Director of the Philippine General Hospital may allow subsistence, quarters, and laundry service in kind to physicians, nurses, or other employees serving in the Hospital when such action seems advisable for the best interests of the public service; and upon the recommendation of the Director, the Secretary of the Interior may commute subsistence and quarters to persons entitled thereto at rates according to the following schedule: Employees receiving a salary of less than six hundred pesos per annum, thirty pesos per month; those receiving a salary of six hundred pesos or more per annum, but less than one thousand eight hundred pesos, forty-five pesos per month, those receiving one thousand eight hundred pesos or more but less than two thousand four hundred pesos, sixty pesos per month; those receiving two thousand four hundred pesos or more but less than three thousand two hundred pesos, seventy-five pesos per month; those receiving three thousand two hundred pesos or more, one hundred pesos per month.

[2431-1 (Phil. Gen. Hosp.]

SECTION 929. Uniforms and Commissary Supplies. – Uniforms or the materials necessary therefor may be supplied free by the Director to employees of the hospital, the cost thereof being chargeable to the funds available for supplies and materials.

The Director of the Philippine General Hospital shall also have authority to sell commissary supplies at not less than cost to employees and patients in the Hospital. The proceeds of such sales shall be reimbursable to the item of supplies, becoming again available for the purposes thereof.

[2431-1 (Phil. Gen. Hosp.).]

ARTICLE II

School of Nursing

SECTION 930. Philippine General Hospital School of Nursing. – There shall be maintained in the Philippine General Hospital a school for the training of nurses, which shall be known as the Philippine General Hospital School of Nursing. Said school shall be under the administrative supervision of the Director of the Philippine General Hospital, subject to visitation of the Board of Regents of the University of the Philippines.

[2467-1.]

SECTION 931. Faculty and Instruction. – The activities of the school of nursing, except as regards instruction in midwifery, shall be in the immediate charge of a superintendent, who shall be a registered nurse of experience, appointed by the Director, with the approval of the Secretary of the Interior.

Except as provided in the next succeeding paragraph hereof, the faculty of instruction shall consist of the superintendent and such other instructors, appointed by the Director upon the recommendation of the superintendent, as the proper conduct of the school shall require.

The giving of instruction in midwifery shall be in charge of the obstetrical department of the College of Medicine and Surgery of the University of the Philippines.

[2467-2.]

SECTION 932. Conferring of Degrees by Board of Regents of University of Philippines. – The Board of Regents of the University of the Philippines shall have authority to confer the degree of graduate nurse, or of graduate nurse and midwife, or of graduate midwife, or such other degree as they may establish upon students of the school of nursing recommended for graduation by the Director of the Philippine General Hospital, provided their qualifications for entrance and graduation have been approved by the University council and the courses of instruction accomplished by them have been approved by the Board of Regents.

[2467-4.]

SECTION 933. Appointment of Government Students. – To the end that the advantages of the school of nursing may extend to all parts of the Philippine Archipelago, such number of students as shall be practicable under current appropriations shall be matriculated and maintained therein as Government students, or pensioners, as hereinbelow provided.

These students shall be selected, in a manner to be prescribed by the Secretary of the Interior, with the concurrence of the Board of Regents of the University of the Philippines, and so far as practicable, and consistently with educational qualifications, the appointments shall be distributed equitably among all the provinces; but the number of students admitted from the specially organized provinces during any semester shall not exceed fifteen per centum of the total number.

[2467-5.]

SECTION 934. Subsistence, Quarters, and Compensation. – Government students admitted to the school of nursing shall receive subsistence and quarters, in addition to such other allowances and compensation as may be provided by law.

[2467-3.]

With the approval of the Director of the Philippine General Hospital, the superintendent of the school may withhold a portion of the compensation of any student, not to exceed one-sixth thereof, and deposit the same in the postal savings bank to the credit of the student, from which amount deductions may be made for the purpose of purchasing such books and student’s equipment as may be necessary; and any unexpended balance shall be paid to the student upon resignation or honorable separation from the school.

[2467-5.]

SECTION 935. Contract of Government Student. – Prior to matriculation in the school of nursing, every Government student shall be required to sign a contract agreeing to serve the Government for a period of at least one year after graduation, at an equitable compensation which shall be fixed by the Secretary of the Interior, with the concurrence of the Board of Regents of the University of the Philippines.

[2467-7.]

CHAPTER 27

Bureau of Quarantine Service

SECTION 936. Administration of Bureau of Quarantine Service. – The Bureau of Quarantine Service shall be administered under the direction of the United States Public Health Service.

[1407-10.]

SECTION 937. Chief Quarantine Officer of Philippine Islands. – The medical officer detailed as quarantine officer at the port of Manila shall be the chief quarantine officer for the Philippine Islands. He shall have power to make appointments and removals from the Bureau of Quarantine Service, subject to the approval of the Secretary of the Treasury of the United States, and to authorize the necessary expenditures for said Bureau, under such regulations as the said Secretary of the Treasury may prescribe.

[1407-10.]

SECTION 938. Jurisdiction of Bureau of Quarantine Service Over Incoming and Outgoing Vessels. – The examination in ports of the Philippine Islands of incoming and outgoing vessels and the necessary surveillance over their sanitary condition, as well as of cargo, passengers, crew, and of all personal effects, and the issuing of quarantine certificates and bills of health, shall be vested in and be conducted by the Bureau of Quarantine Service.

Quarantine officers shall have authority over incoming vessels, their wharfage and anchorage, so far as is necessary for the proper enforcement of these regulations, including vessels of the Army transport service and noncombatant vessels of the Navy.

[1407-10.]

SECTION 939. Bills of Health for Outgoing Vessels. – The master of any vessel leaving any port in the Philippine Islands for a port in the United States or in any of its territory shall obtain a bill of health from the proper quarantine officer in the Philippine Islands.

A bill of health shall not be given to an outgoing vessel unless all quarantine regulations have been complied with. At ports where no quarantine officer is detailed bills of health shall be signed by the collector of customs.

[1407-10.]

SECTION 940. United States Quarantine Regulations Effective in Bureau of Quarantine Service. – The regulations for the Government of the United States Public Health Service shall, so far as practicable, have force and effect in the management of the Bureau of Quarantine Service in the Philippine Islands.

[1407-10.]

SECTION 941. Quarantine Laws Enacted by Congress Given Full Effect in Philippine Islands. – The provisions of the Act of Congress approved February fifteenth, eighteen hundred and ninety-three, entitled “An Act granting additional quarantine powers and imposing additional duties upon the Marine-Hospital Service”, and all subsequent Acts of Congress on the same subject and amendatory thereof, and all rules and regulations heretofore or hereafter prescribed by the Secretary of the Treasury of the United States under such Acts, shall be given full force and effect in the Philippine Islands, so far as applicable.

[1407-10.]

SECTION 942. Construction and Repair Work. – The Bureau of Quarantine Service shall have authority to conduct the construction and repair work at the quarantine stations without the intervention of the Bureau of Public Works.

CHAPTER 28

Bureau of Science

SECTION 945. Chief Officials of Bureau of Science. – The Bureau of Science shall have one chief and one assistant chief, designated, respectively, as the Director of the Bureau of Science and the Assistant Director of the Bureau of Science.

[1407-7.]

SECTION 946. Function of Bureau of Science. – It shall be the function of the Bureau of Science to make investigations, conduct researches, and do work of a scientific nature and to coordinate and make available the results thereof as permanent contributions to knowledge.

Among the particular duties to be accomplished and ends to be subserved by the Bureau of Science are these:

(a) The conduct of researches in anthropology and ethnology among the inhabitants of the Philippine Islands.

[253-1; 841-1; 1407-23 (b).]

(b) The maintenance of a Government herbarium and of collections of insects and other natural-history specimens.

(c) The conduct of researches in botany, entomology, ornithology, and zoology, and the accomplishment of biological work in general.

[156-2.]

(d) The establishment, equipment, and maintenance of laboratories, museums, and aquariums created or supported from Insular funds or other funds under the control of the Bureau of Science.

(e) The keeping, at Manila, of the fundamental standards of weights and measures for the Philippine Islands and instruments of precision; the comparison of the secondary standards therewith; and the certification of the secondary standards according to law.

[1519-10.]

(f) The conduct of investigations into the causes, pathology, and methods of diagnosing and combating the diseases of man and of domesticated animals, and of animals utilized for food, and of plants useful to man.

[156-2.]

(g) The making of special investigations and the accomplishment of special work which may be needed by other Bureau or Office of the Insular Government and which may require laboratory facilities or scientific knowledge of a specialized character.

[156-2.]

(h) The conduct and encouragement of investigations into the mineral resources and geology of the Philippine Islands; the collection of statistics concerning the occurrence of the economically important minerals and the methods pursued in making their valuable constituents available for commercial use.

[916-4; 1407-7 (b).]

(i) The conduct of investigations into the quality, composition, or properties of articles of food and drink; of gums, resins, drugs, herbs, oils, and other plant products; of soils and fertilizers; of cement and other construction and commercial materials; and of the minerals and minero-medicinal waters of the Philippine Islands.

[156-3.]

(j) The gathering and dissemination of useful information concerning the mineral wealth and other natural resources of the Philippine Islands; the inculcation of knowledge concerning the best methods of utilizing such resources; and the encouragement of Philippine industries generally.

[916-4; 1407-7 (b).]

(k) The care of the scientific division of the Philippine Library, which shall be housed in the Bureau of Science.

SECTION 947. Ethnology of Non-Christian Peoples. – The ethnological investigations conducted by the Bureau of Science with reference to the non-Christian peoples shall take account of the name of each tribe, the limits of the territory which it occupies, the approximate number of individuals which compose it, their social organizations and their languages, beliefs, manners, and customs, with special view to determining the most practicable means for bringing about their advancement in civilization and material prosperity.

[Comp., 1055.]

SECTION 948. Ethnological Work to be Done Upon Request of Other Bureau. – The head of any Department of the Insular Government may, through the Secretary of the Interior, call upon the Director of the Bureau of Science to make investigation, through the ethnological staff, concerning any matters referring to the inhabitants of the Philippines upon which information may be needed.

[253-1; 841-1; 1407-23 (b); Comp., 1056.]

SECTION 949. Special Laboratories – Accomplishment of Work for Other Bureaus. – The Bureau of Science shall maintain laboratories respectively devoted to biology, chemistry, and the manufacture of serums, in which shall be conducted all Government work appropriate to their several functions, whether required by the Bureau of Science itself or other Department or Bureau of the Insular Government. Work done in these laboratories shall be accomplished by the members of the staff of the Bureau of Science or, in the discretion of the Director of the Bureau of Science and subject to his supervision by properly qualified employees of the Department or Bureau for which the work may be done.

[156-2, 3; 607-1 (b, e).]

SECTION 950. Investigations into Quality of Philippine Sugars and Means of Improving Same. – The Director of the Bureau of Science shall conduct, or cause to be conducted, investigations into the quality of Philippine sugars and the means of improving the same. The results of such investigations shall from time to time be published for the benefit of sugar producers.

[1896-7.]

SECTION 951. Classification of Sugar in Cases of Dispute Between Contracting Parties. – In cases of dispute between contracting parties with respect to the classification of any sugar, any one of them may send to a sugar laboratory of the Bureau of Science a sample of the said sugar for its classification. The result of the classification made by the sugar chemist shall be set forth in a certified report which shall be transmitted in each case to the person sending the sample. A suitable portion of each sample of sugar the classification of which shall have been thus fixed, shall be deposited in a glass container which shall be closed with sealing wax, on which shall be stamped the seal of the Bureau of Science, and shall be properly marked so that it can be identified, and shall be transmitted to the person sending the sample.

[1896-3.]

A classification of a sample of sugar thus made and certified shall be accepted by the court as determining the classification of the sugar in question, unless the adverse party shall prove it to be incorrect.

[1896-4.]

SECTION 952. Establishment of Standard Samples by Sugar Chemist of Iloilo Laboratory. – It shall be the duty of the sugar chemist of the sugar laboratory at Iloilo, under regulations to be prescribed by the Director of the Bureau of Science, to fix and establish on or before the fifteenth day of November of each year, standard samples of sugars number one, number two, number three, superior damp, and current of Iloilo, which shall govern during the twelve months immediately following said fifteenth of November.

[1896-1, 2.]

SECTION 953. Sale of Supplies and Performance of Work. – The Bureau of Science may sell to the public or to public functionaries for official use natural-history specimens, photographs, vaccine virus, serums, prophylactics, by-products, and such apparatus or supplies as are not procurable in the markets of Manila, and may perform analyses, make examinations, or do any other work within the scope of its functions for provincial and municipal governments or for the public.

[Comp., 1050.]

Animals used in connection with the operation of the serum laboratory may be sold when no longer adapted to such use.

[735-1; Comp., 1064.]

SECTION 954. Price of Serum Products. – The charge for virus, serums, and prophylactics, when furnished for official use, shall be fixed at the actual cost of producing or securing and furnishing the same; but these supplies, if manufactured by the serum laboratory, shall be furnished free of charge to the Philippine Health Service in such quantity as the Director of Health shall deem necessary for the work of said Philippine Health Service, when the Director of the Bureau of Science can furnish the same, without unduly depleting the stock necessary to the continuation of the work of the laboratory.

[607-2; 728-1 (k); 1407-7 (o) ; Comp., 1050.]

SECTION 955. Charges for Work Done by Sugar Laboratory. – The charges to private persons for the determination of the degrees of polarization of sugar, and for the determination of its color, its hygrometric state, its granulation, and its crystallization shall not exceed the actual cost to the Government of performing the work.

[1056-5, 6.]

SECTION 956. Museum of Bureau of Science – Aquarium at Manila. – The Bureau of Science shall be charged with the collection of specimens and exhibits of a scientific, educational, or commercial character; and by it shall be maintained in Manila a museum for their proper display. In making this collection special attention shall be devoted to the acquisition of material pertaining to the natural history, geology, and ethnology of the Philippine Islands and to their mineral and economic resources.

The Bureau of Science shall also maintain the Aquarium at Manila.

[284-1; 1541-1.]

SECTION 957. Importation of Silkworms, Eggs, Cocoons, or Moths. – Silkworms, their eggs or cocoons, or the moths which produce silkworm eggs, shall not be imported into the Philippine Islands except by the Bureau of Science.

SECTION 958. Philippine Journal of Science. – As a vehicle for the publication of original contributions to scientific knowledge, the Director of the Bureau of Science shall publish and circulate, by subscription or otherwise, a periodical to be known as the Philippine Journal of Science.

CHAPTER 29

Weather Bureau

SECTION 960. Chief Officials of the Weather Bureau. – The Weather Bureau shall have one chief, three assistant chiefs, and one corresponding secretary, all appointed by the Governor-General and to be known respectively as the Director of the Weather Bureau, the Assistant Director of the Weather Bureau, the Chief of the Meteorological Division of the Weather Bureau, the Chief of the Astronomical Division of the Weather Bureau, and the Secretary of the Weather Bureau.

[1407-11; 1416-1; 2319-1 (Weather Bur.).]

SECTION 961. Designation of Assistant to Serve as Acting Chief. – The Director of the Weather Bureau may, with the approval of the Secretary of the Interior, designate the Assistant Director, one of the chiefs of division or the secretary, who in the absence or disability of the Director, shall serve as Acting Director.

[1407-11 (a).]

SECTION 962. Duties of the Director of Weather Bureau. – The Director shall maintain an efficient system of weather forecasts and storm warnings to be sent at his discretion to the commandants of the naval stations at Cavite and Olongapo, to the customhouse of Manila, to the public press, to all branch stations in telegraphic communication with the central office and to other persons who may ask for the warnings or be in particular need of them according to the judgment of the Director. When dangerous storms threaten any portion of the Archipelago, telegraphic warnings shall be sent to the threatened districts, through the governors of the respective provinces, if there is no branch station of the Weather Bureau in the capitals thereof.

The Director shall be in charge of the display of typhoon signals in Manila and in the other main harbors or cities of the Archipelago, these signals to be hoisted according to orders received from the Central Observatory.

Typhoon warnings shall be sent at the discretion of the Director to the Directors of the Central Meteorological Observatory of Japan, Formosa, and Indo-China, to the Directors of Hongkong and Zikawei (Shanghai) observatories, to the American consul at Hongkong, to the commandant of the harbor at Macao, and to such other persons as may be officially designated by other governments to receive them.

Daily weather maps of the Far East shall be prepared at the central office and distributed shortly after noon to some of the more prominent places of Manila for the benefit of the public.

[1833-1.]

SECTION 963. Duties of Secretary of Weather Bureau. – The secretary of the Weather Bureau shall assist the Director in his official correspondence; shall have charge of the library; shall superintend the mailing department, and perform such other duties, scientific or administrative, as the Director may assign to him.

[Comp., 1176 (a).]

SECTION 964. Office Hours of Certain Employees. – The official general forecaster of the Weather Bureau, or person acting for him in case of absence or disability, shall not be required to keep ordinary office hours but shall be guided in respect to his periods of daily duty by the directions of the Bureau chief.

When necessary duty beyond office hours or upon a holiday is required of any employee engaged in the weather or time service at the central station, an equal amount of time may be allowed him on a regular work day, if compatible with the requirements of the service.

SECTION 965. Publications of Weather Bureau. – The Director shall cause to be prepared and published for distribution a monthly bulletin and annual report.

The monthly bulletin shall contain some of the chief meteorological phenomena of the month, a comparison, if practicable, between the phenomena observed and normal conditions for the month in question, the discussion of typhoons, if there were any, with their approximate tracks, a note of all the earthquakes felt in the Philippines during the month with a discussion of the most important ones, and a complete list of the records of the microseismographic instruments.

The annual report shall contain the observations made at the central and branch stations, or such portions thereof as may be valuable, together with such other meteorological data and scientific discussion as the Director may deem advisable.

With the approval of the Department head, the Director of the Weather Bureau shall from time to time cause to be prepared such reports, charts, and maps as the service shall require. When deemed desirable such material may be printed and published, subject to the same approval.

[1833-1.]

SECTION 966. Daily Publication of Standard Time-Rating of Chronometers. – The Director shall cause standard time to be furnished daily to the city of Manila and to all branch stations in telegraphic communication with the central station. He shall further provide for the free rating of all chronometers brought to the Manila Observatory for this purpose.

[131-14.]

SECTION 967. Stations of Weather Bureau. – The Manila Observatory shall be the central station of the Bureau. There shall also be maintained throughout the Philippine Islands at points to be determined by the Director of the Weather Bureau, with the approval of the Department head, such number of subordinate meteorological stations as may from time to time be provided for under the current appropriations. These stations shall be of four classes, namely: first-class stations, second-class stations, third-class stations, and rain stations.

[Comp., 1178.]

SECTION 968. Meteorological Records to be Kept at Different Stations – Weather Reports. – At all subordinate stations such meteorological observations shall be taken and records kept as shall be prescribed in the regulations of the Weather Bureau; and reports of the same shall be forwarded to the central station at such intervals and in such manner as the Director of said Bureau shall require.

[1833-1.]

SECTION 969. Spread of Typhoon Warnings. – All Weather Bureau observers shall communicate typhoon warnings received from the central office to the governor of the province or municipal president and shall otherwise give such publicity to them as may be possible, for the benefit of agriculture, commerce, and navigation.

[1833-1.]

SECTION 970. Provincial Quarters for Weather Bureau Service. – In each province where a first, second, or third class station is maintained at the provincial capital, the provincial board shall, at the expense of the province, provide room adequate for the installation of the meteorological instruments and office equipment of the station and shall supply sleeping accommodations for the observers. The office, or station, shall be in the provincial building, if practicable.

[368-1.]

SECTION 971. Municipal Quarters for Weather Bureau Service. – Likewise, in each municipality, not a provincial capital, where a first, second, or third class station is maintained, the municipal council shall, at the expense of the municipality, provide similar suitable accommodations for the service.

[368-1, 2.]

SECTION 972. Determination of Adequacy of Accommodations Furnished. – The question of the adequacy of the accommodations furnished by provincial or municipal governments shall be determined by the Director of the Weather Bureau, subject to an appeal to the Governor-General, whose decision shall be final.

[368-3.]

SECTION 973. Employment of Persons in Government Service as Weather Bureau Observers. – At subordinate stations where other suitable persons are not procurable the Director of the Weather Bureau may appoint any suitable Government employee to act as observer for and during such time as the head of the Department to which the employee in question pertains shall approve.

Persons so appointed may receive salaries as Weather Bureau observers in addition to their other compensation as Government employees.

[661-1; Comp., 1182.]

SECTION 974. Right of Employees to Engage in Additional Employment. – Upon authorization by the Director of the Weather Bureau any third-class observer, rain observer, or assistant to a first-class observer, may engage in private business or accept employment from another branch of the Insular or Federal Government and receive compensation therefor; but additional Government employment shall be entered upon only after arrangement therefor shall have been mutually agreed upon between the Director of the Weather Bureau and the head of the other Bureau or Office concerned.

[807-1.]

CHAPTER 30

Bureau of Lands

ARTICLE I

Organization of Bureau

SECTION 976. Chief Officials of Bureau of Lands. – The Bureau of Lands shall have one chief and one assistant chief, to be known respectively as the Director of Lands and the Assistant Director of Lands.

[1407-6.]

SECTION 977. Functions of Bureau of Lands. – The Bureau of Lands shall be charged with the administration of all laws relative to public agricultural and mineral lands, the friar lands, and other public property placed under its control by legislative enactment or competent administrative authority.

The said Bureau shall conduct surveys of the public domain and other public property, cadastral surveys, and official surveys of private property, and shall exercise such other powers as are hereinafter conferred.

All existing records of Spanish grants and concessions of agricultural or mineral lands shall be preserved in the Bureau of Lands.

[218-1, 3; 915-2; 1705-1; 1875-2, 4; 1937-1; 2259-1-5.]

SECTION 978. Authority of Officers to Administer Oaths and Take Testimony. – The Director of Lands, the Assistant Director of Lands, and the chiefs of division in the Bureau of Lands are authorized to administer oaths and take acknowledgments in matters of official business, and to take testimony in official investigations conducted under the authority of the laws and regulations relating to the Bureau of Lands.

A local land officer, mining recorder, and any person designated by the Director of Lands as friar-land agent, chief of a survey party, or inspector of the Bureau of Lands may administer oaths and take acknowledgments as aforesaid and, when thereunto deputed by the Director of Lands, may exercise the same authority to take testimony as other officers hereinabove named.

[1118-1.]

ARTICLE II

Land Districts

SECTION 979. Land Districts. – With the approval of the Secretary of the Interior, the Director of Lands may establish land districts, which shall be, so far as practicable, coextensive with the territory of the respective provinces; but when the local conditions so require, two or more provinces or parts of provinces may be included in the same land district.

[1404-1.]

SECTION 980. Local Land Officer. – In each land district there shall be a local land officer who, under the supervision of the Director of Lands, shall perform such duties relative to public agricultural lands as may be prescribed by law or regulation.

When no other official is designated as local land officer, the provincial treasurer shall perform the duties of such office for the land district which comprises his province; and when two or more provinces or parts of provinces are included in the same land district, the Director of Lands shall designate the provincial treasurer who shall perform such duties.

[1404-1.]

SECTION 981. Mining Recorder. – In land districts where there are sufficient mining interests to warrant the appointment, there shall be a mining recorder, who shall keep such records and perform such duties relative to public mineral lands as may be prescribed by law or regulation.

Where no other officer is designated, the duties of mining recorder shall be performed by the secretary of the provincial board; and until otherwise provided, the duties of mining recorder for the subprovince of Masbate shall be discharged by the local deputy of the treasurer of the province of Sorsogon.

(926-72; 1489-1; 1766-1.]

SECTION 982. Designation of Persons to Perform Duties of Local Land Officer or Mining Recorder. – Until other provision shall be made for filling such offices, the Governor-General may by executive order impose the performance of the duties of local land officer or mining recorder upon any official or employee in the public service.

ARTICLE III

Cadastral Surveys

SECTION 983. Order for Making of Cadastral Survey. – When, in the opinion of the Governor-General, the public interests require that the title to any lands be settled and adjudicated, he may to this end order the Director of Lands to make a survey and plan thereof.

[2259-1.]

SECTION 984. Publication of Notice of Survey. – The Director of Lands shall, thereupon, give notice to persons claiming an interest in the lands, and to the general public, of the day on which such survey will begin, giving as full and accurate a description as possible of the lands to be surveyed. Such notice shall be published in two successive issues of the Official Gazette, and a copy of the notice in the English and Spanish languages shall be posted in a conspicuous place on the lands to be surveyed, and also in a conspicuous place on the chief municipal building of the municipality, township or settlement in which the lands, or any portion thereof, are situated. A copy of the notice shall also be sent to the president of such municipality, township, or settlement, and to the provincial board.

[2259-1.]

SECTION 985. Notice of Commencement of Survey. – The surveyor or other employee of the Bureau of Lands in charge of the survey shall give reasonable notice of the day on which the survey of any portion of such lands is to begin, and shall post such notice in the usual place on the chief municipal building of such municipality, township or settlement in which the lands are situated, and shall mark the boundaries of the lands by monuments set up at proper places thereon.

[2259-2.]

SECTION 986. Right of Surveyor to Enter Upon Lands. – It shall be lawful for surveyors and other employees of the Bureau of Lands to enter upon the lands whenever necessary for the making of such survey or for the placing of monuments.

[2259-4.]

SECTION 987. Duty of Claimants to Communicate Information Regarding Boundaries. – It shall be the duty of every person claiming an interest in the lands to be surveyed, or in any parcel thereof, to communicate to the surveyor in charge upon his request therefor all information possessed by such person concerning the boundary lines of any lands to which he claims title or in which he claims any interest.

[2259-4.]

SECTION 988. Institution of Registration Proceedings. – When the lands have been surveyed and platted, the Director of Lands, represented by the Attorney-General, shall institute registration proceedings, by petition against the holders, claimants, possessors or occupants of such lands or any part thereof, stating in substance that the public interests require that the titles to such lands be settled and adjudicated, and praying that such titles be so settled and adjudicated.

The petition shall contain a description of the lands and shall be accompanied by a plan thereof, and may contain such other data as may serve to furnish full notice to the occupants of the lands and to all persons who may claim any right or interest therein.

[2259-5.]

SECTION 989. Boundaries and Divisions of Lots. – If the lands contain two or more parcels held or occupied by different persons the plan shall indicate the boundaries or limits of the various parcels as correctly as may be. The parcels shall be known as “lots” and shall on the plans filed in the case be given separate numbers by the Director of Lands, which numbers shall be known as “cadastral numbers”. The lots situated within each municipality, township or settlement, shall, as far as practicable be numbered consecutively, beginning with the number “one” and only one series of numbers shall be used for that purpose in each municipality, township or settlement.

In cities or townsites a designation of the land holdings by block and lot numbers may be employed instead of the designation by cadastral numbers and shall have the same effect for all purposes as the latter.

[2259-5.]

SECTION 990. Monthly Statements of Director of Lands – Payment of Expenses Incident to Cadastral Surveys. – The Director of Lands shall at the end of each month certify to the Insular Auditor and the Insular Treasurer a statement showing the amounts expended on each cadastral survey project, and the Insular Treasurer is authorized and empowered to pay to the Bureau of Lands an amount equal to the amounts so certified as having been expended, and the necessary amounts to make such payments are hereby appropriated out of any funds in the Insular Treasury not otherwise appropriated, and such amounts shall be credited to the appropriation for the Bureau of Lands.

[2259-18; 2558-1 (18), last proviso of first par.]

ARTICLE IV

Private Land Surveys and Surveyors

SECTION 991. Private Land Surveys. – The Bureau of Lands may, upon application therefor, make private land surveys, for which a reasonable charge shall be made.

Private land surveys may also be made by private land surveyors, duly qualified as hereinafter provided; but no plan of such survey shall be admitted in original land registration proceedings until approved by the Director of Lands.

[1875-6; 1937-1; 2259-1.]

SECTION 992. Procedure Incident to Making of Survey Notice to Adjoining Owners. – The surveyors employed to make surveys for registration purposes, or to prepare maps and plats of property in connection therewith, shall give due notice in advance to the adjoining owners, whose addresses are known, of the date and hour when they should present themselves on the property for the purpose of making such objections to the boundaries of the properties to be surveyed as they consider necessary for the protection of their rights.

Surveyors shall report all objections made by adjoining property owners, and occupants or claimants of any portion of the lands at the time of the survey and demarcation, giving a proper description of the boundaries claimed by such owners, occupants, or claimants.

[1875-4.]

SECTION 993. Demarcation of Boundaries. – Surveyors shall define the boundaries of the lands, surveyed for registration purposes, by means of monuments placed thereon and shall indicate on the maps or plats the respective boundaries as designated, both by the applicant for the survey and adverse claimants of adjoining properties; but the work of survey and demarcation of the boundaries of the lands as occupied by the said applicant need not be suspended because of the presentation of any complaint or objection.

[1875-4.]

SECTION 994. Expenses of Rectification of Errors. – If, in any registration proceeding involving such survey, the court shall find the boundary line designated by an adverse claimant to be incorrect and that designated by the applicant to be correct, the expense of making any extra survey over that required by the applicant shall be assessed by the court as costs against the adverse claimant.

[1875-4.]

SECTION 995. Regulations Relative to Private Surveyors. – Private surveyors employed in making a survey as hereinabove contemplated shall be subject to the regulations of the Bureau of Lands in respect to such surveys and shall execute the same in accordance with current instructions relative thereto as issued by the Director of Lands. Promptly upon completing their work, it shall be their duty to send their original field notes, computations, reports, surveys, maps, and plats of the property in question to the Bureau of Lands, for verification and approval.

[2259-28.]

SECTION 996. Qualifications of Private Surveyors. – Except as hereinbelow provided, no private surveyor shall be qualified to make a survey to be used in registration proceedings unless he shall have passed either the appropriate civil service examination provided for surveyors or a special examination prepared by the Bureau of Lands for the purpose of determining his competency for such work. When so requested by the Director of Lands such special examination may be given under the supervision of the Bureau of Civil Service upon the dates and at the places of scheduled civil-service examinations, the papers being returned to the Director of Lands for rating by him.

Surveyors who have held the office of assistant in one of the technical corps of engineers of public works, forests, mines, and agronomists during the Spanish Government and surveyors holding an academic diploma issued by a duly authorized and recognized university, college or school, who furnish satisfactory proof to the Director of Lands that they have practiced surveying in the Philippine Islands prior to June first, nineteen hundred and nine, shall be exempt from the examination hereinabove required, excepting those who, having taken the said examination, failed to obtain a rating of fifty per centum therein. “Surveyors holding an academic diploma”, as herein used, shall include all those who, with similar diplomas under the Spanish Government, were considered as surveyors or as entitled to practice the said profession in the Philippine Islands.

[2259-28.]

SECTION 997. Certification of Private Surveyor. – A private surveyor possessing the prescribed qualifications shall, upon application to the Director of Lands, be given a certificate authorizing him to make surveys as contemplated in this article; and without such certificate no private surveyor shall make any survey for land registration purposes.

[2259-28.]

SECTION 998. Cancellation of Certificate. – When the Director of Lands shall find that any certificated private surveyor is incompetent or that any plan or survey made by him is defective, incorrect or substantially erroneous, owing to incompetency, inexperience, bad faith, or inexcusable negligence, the said Director may cancel the certificate of such surveyor; but the latter may, within five days after receiving notice of such action, take an appeal to a committee composed of the Governor-General, the judge of the fourth branch of the Court of First Instance for the Ninth Judicial District and a duly authorized surveyor appointed by the Governor-General. Pending appeal the right of the surveyor shall be suspended, and the action of said committee shall be final.

[2259-28.]

ARTICLE V

Apprentice and Junior Surveyors

SECTION 999. Certification of Students to be Trained as Surveyors.- At the beginning of each school year, the Director of Education shall certify to the Director of Lands the names of such number of students as may be provided for in the annual appropriation Acts and as may be best qualified to receive and profit by a course of instruction and education in surveying, for a term of five years, under the direction of the Bureau of Lands.

To be eligible for certification, a student must be of sound physical condition, of good moral character, and not less than seventeen years of age. He must also have educational qualifications such as are obtained by the satisfactory completion of the second year of instruction in the Manila High School or the second year of high-school work in a provincial school, normal school, or the Philippine Nautical School.

[1491-1-4; 1955-1.]

SECTION 1000. Appointment as Apprentice Surveyor – Course of Training. – Each student so certified may be appointed as apprentice surveyor in the Bureau of Lands at such annual compensation as may be fixed by law; and when so appointed, he shall continue in such school as the Secretary of Public Instruction shall determine, and during forenoons shall pursue therein a special course of study to be prescribed by the Director of Education.

[1491-2; 1955-1.]

During the afternoons of school days, as well as during regular office hours on Saturdays, and during school vacations, apprentices shall be employed in the Bureau of Lands, and shall perform such duties as may be assigned to them by the Director of Lands, such as office work, drawing, platting, practical computing, use of instruments, and similar work.

[1491-2.]

SECTION 1001. Examination After Completion of One Year of Service – Appointment as Junior Surveyor. – Upon the completion of one year’s service as apprentices, student surveyors shall be examined by the Bureau of Civil Service as to their qualifications for appointment as junior surveyors. Students who fail to pass this examination shall be required to continue their studies in the same status as first-year students until such time as they shall pass said examination or are separated from the service. Each student who qualifies shall, before receiving such appointment as junior surveyor, be required to sign an agreement, approved by his parents or guardian if he be under twenty-one years of age, to the effect that he will remain with the Bureau of Lands for the term of four years from date of appointment as junior surveyor and perform such duties as may be prescribed by the Director of Lands, unless sooner released.

[1491-1-4; 1955-1.]

SECTION 1002. Completion of Three Years’ Service – Appointment as Surveyor. – Upon the completion of three years’ service as junior surveyor, students shall be examined by the Bureau of Civil Service as to their qualifications for appointment as surveyors. Students qualifying in such examination shall be eligible for appointment as surveyors at such salaries as may be determined by competent authority. Students failing to qualify shall continue on the same basis until such time as they shall qualify as surveyors in the manner herein prescribed or until separated from the service.

[1491-3.]

SECTION 1003. Consequence of Violation of Contract. – Upon the expiration of their contracts, students may leave the service of the Government without prejudice; but any student separating himself from the service during his term of contract without the approval of the Secretary of the Interior shall be debarred thereafter from holding any position in the Philippine civil service.

[1491-3, 4.]

CHAPTER 31

Bureau of Forestry

PRELIMINARY ARTICLE

Title of Chapter

SECTION 1006. Title of Chapter. – This chapter shall be known as the Forest Law.

ARTICLE I

Organization of Bureau

SECTION 1007. Chief of Bureau of Forestry. – The chief of the Bureau of Forestry shall be known as the Director of Forestry.

[1407-9 (a).]

SECTION 1008. Jurisdiction of Bureau of Forestry. – The Bureau of Forestry shall have jurisdiction and authority over the demarcation, protection, management, reproduction, reforestation, occupancy, and use of all public forests and forest reserves and over the granting of licenses for the taking of products, including stone and earth, therefrom.

[1189-130; 1407-9 (c).]

SECTION 1009. Regulations of Bureau of Forestry. – The regulations of the Bureau of Forestry shall, among other things, contain provisions deemed expedient or necessary to secure the protection and conservation of the public forests in such manner as to insure a continued supply of valuable timber and other forest products for the future, and regulating the use and occupancy of the forests and forest reserves, to the same end.

The regulations shall also specify the kinds of licenses that will be issued by the Bureau of Forestry.

[1138-8.]

SECTION 1010. Authority of Employees of Bureau of Forestry to Make Arrests and Seizures. – Officers and employees of the Bureau of Forestry may arrest, in a public forest or territory adjacent thereto, any person committing or attempting to commit an offense against the provisions of this chapter; and they may also make seizures of forest products liable to seizure under this chapter or under the provisions of the Internal Revenue Law applicable to public forests and forest products. In the latter case the most accessible internal-revenue officer shall be notified and the property shall be delivered to him or held subject to his orders.

A person arrested by an employee of the Bureau of Forestry under the authority hereinabove given shall, if such be reasonably practicable, be brought within twenty-four hours after arrest, before a judge or justice of the peace, to be dealt with according to law.

[1148-23.]

SECTION 1011. President of Municipality to Act in Absence of Local Forest Officer. – In the absence of a local forest officer, the president of the municipality or settlement within which timber or other forest products are cut, collected, or disposed of, shall, when so instructed by the Director of Forestry, act in his stead for the performance of duties imposed upon such officer by or under the authority of this chapter.

[1148-41.]

ARTICLE II

Regulation and Use of Forests and Forest Products

SECTION 1012. Words and Phrases Defined. – For the purposes of this chapter, “public forest” includes, except as otherwise specially indicated, all unreserved public land and all forest reserves of whatever character.

“Forest product”, as used in this chapter and in the Internal Revenue Law, includes timber, firewood, barks, treetops, resins, gums, woodoils, beeswax, nipa, rattans, or other forest growth and also stone or earth when taken elsewhere in a forest than from a mining claim.

SECTION 1013. Groups of Trees. – The various trees shall be divided into four groups:

The first group shall include acle, baticulin, betis, camagon, ebony, ipil, lanete, mancono, molave, narra, tindalo, and yacal.

The second group shall include alupag, aranga, banaba, bansalaguin, banuyo, batitinan, bolongeta, calamansanay, shall be calantas, dungon, guijo, macaasin, malacadios, mangachapuy, palo maria, supa, teak, and tucan-calao.

The third group shall include agoho, amuguis, anubing, apitong, batino, bitanhol, calumpit, catmon, dalinsi, dita, dungonlate, malacmalac, malapapaya, malasantol, mayapis, nato, palosapis, panao, sacat, santol, tamayuan, and tanguile.

The fourth group shall include all species not included in any of the other groups.

[2339-83.]

The Director of Forestry may in his discretion by public order or regulation and with the approval of the Department head change the permanent grouping of any tree; but no change in the grouping of a particular tree shall be made with greater frequency than at intervals of five years.

SECTION 1014. Duty of Forest Officers to Cooperate with Bureau of Internal Revenue. – Forest officers and employees of the Bureau of Forestry shall cooperate with the Bureau of Internal Revenue in securing the payment of charges on forest products and shall assist said Bureau generally in the enforcement of the Internal Revenue Law in so far as it relates to forests and forest products.

SECTION 1015. Pecuniary Interest of Employees in Public Forests and Forest Products. – Exclusive of guards and assistant guards, no officer or employee of the Bureau of Forestry shall have pecuniary interest in any forest or in any forest product therein or taken therefrom.

[1148-22.]

SECTION 1016. Principle Governing Administration of Forests. – The public forests of the Philippine Islands shall be held and administered for the protection of the public interests, the utility and safety of the forests, and the perpetuation thereof in productive condition by wise use; and it is the purpose of this chapter to provide for the same.

[1148-2.]

SECTION 1017. Extent of Public Rights in Forests and Forest Products. – No prescriptive right to the use, possession, or enjoyment of any forest product, nor any permanent concession, continuing right, privilege or easement of any kind whatsoever upon or within the public forests and respecting the products thereof, shall accrue or be granted otherwise than in conformity with the provisions of this law, and except as specially provided, all such forests shall be and remain open to the people of the Philippine Islands for all lawful purposes.

[1148-6.]

SECTION 1018. Regulation Setting Apart Forest Reserves – Revocation of Same. – Upon the recommendation of the Director of Forestry, with the approval of the Secretary of the Interior, the Governor-General may set apart forest reserves from the public lands, and he shall by proclamation declare the establishment of such reserves and the boundaries thereof, and thereafter such forest reserves shall not be entered, sold, or otherwise disposed of, but shall remain as such for forest uses, and shall be administered in the same manner as public forests.

The Governor-General may in like manner by proclamation alter or modify the boundaries of any forest reserve from time to time, or revoke any such proclamation, and upon such revocation such forest reserve shall be and become part of the public lands as though such proclamation had never been made.

[1148-4.]

SECTION 1019. Assignment of Forest Land for Agricultural Purposes. – Lands in public forests, not including forest reserves, upon the certification of the Director of Forestry that said lands are better adapted and more valuable for agricultural than for forest purposes and not required by the public interests to be kept under forest, shall be declared by the Secretary of the Interior to be agricultural lands.

[1148-7.]

SECTION 1020. Establishment of Boundaries for Public Forests. – When the public interest requires the establishment of the boundaries of any public forest the Director of Forestry, with the approval of the Secretary of the Interior, may make requisition upon the Bureau of Lands to establish the boundaries of such forest and erect monuments defining the same. The cost of such demarcation shall be defrayed from the revenues of the public forests.

[1148-20.]

SECTION 1021. Registration of Title of Private Forest Land. – Every private owner of forest land shall register his title to the same with the Director of Forestry. A list of such owners, with a statement of the boundaries of their property, shall be furnished by said Director to the Collector of Internal Revenue, and the same shall be supplemented from time to time as occasion may require.

Upon application of the Director of Forestry the fiscal of the province in which any such land lies shall render assistance in the examination of the title thereof with a view to its registration in the Bureau of Forestry.

[1148-24; 1699-7.]

SECTION 1022. Sale of Forest Products by Director of Forestry. – When not detrimental to the forest or to the interests which depend upon them, the Director of Forestry may select or designate forest products for sale or disposal and may sell or dispose of the same, upon licenses, at the prices specified in the Internal Revenue Law or as otherwise determined in accordance with law.

[1148-10.]

SECTION 1023. License Required for Taking or Removal of Forest Products. – Except as herein provided, forest products shall be cut, gathered, or removed in or from any forest only upon license from the Bureau of Forestry.

[1148-13-15, 17-19.]

SECTION 1024. Authority of Director of Forestry to Issue Gratuitous Licenses for Certain Purposes. – The Director of Forestry may, subject to regulations to be prescribed by him, grant gratuitous licenses for the use of forest products in reasonable quantities and within definite territorial limits, for domestic purposes or for public works, churches, convents, and schoolhouses only, and not for sale or barter. When desirable for the preservation, betterment, or use of a forest such license may be granted for the removal of tops of fallen timber, regardless of the use to which the same may be put.

[Comp., 1149, 1156.]

No gratuitous license for the taking of woods of the first group shall be issued except in conformity with section one thousand and thirty-four hereof.

[1138-19.]

SECTION 1025. Miner’s License to Use Timber for Mining Purposes. – A gratuitous license to cut and use timber for mining purposes shall be granted on application to the holder, locator, owner, lessee, or operator of a mining claim. Said license shall be limited to the claim on which the timber is cut, and no timber shall be used under such license except in the development of the claim upon which it is cut. Said license shall specify the kinds and uses of the timber to which it entitles the holder, and the territorial limits within which it is valid.

A miners timber license to cut timber in the public forests or forest reserves other than that standing on the claim and desired for the development of said claim may be obtained on application by the holder, locator, owner, lessee, or operator of a mining claim. Said license shall specify the kinds and uses of the timber to which it entitles the holder and the territorial limits within which it is valid.

[1148-17.]

SECTION 1026. Conditions Imposed on Grantee of License. – Upon granting any license the Director of Forestry may prescribe and insert therein such terms, conditions and limitations, not inconsistent with law, as may be deemed by him to be in the public interest.

[1148-14.]

SECTION 1027. Duration of License – Cancellation or Suspension of Privilege Granted by License. – No license granted by the Director of Forestry shall continue in force for more than twenty years; and any license may be canceled or temporarily suspended by the Director of Forestry, with the approval of the Department head, upon violation by the licensee, of any provision of the Forest Law or regulations of the Bureau of Forestry relating to the taking, removal, or use of forest products under license, or for violation of any material condition expressed in the license itself.

[1148-14, 16; 1976-1.]

SECTION 1028. Specifications of License. – Every license for the taking or removal of forest products shall specify in detail the rights to which it entitles the holder, and all licenses issued to purchasers of forest products shall, when practicable, provide for exclusive territory in similar products to each licensee, and timber licenses shall provide for the selection of the timber before cutting, when such selection is feasible.

[1148-13.]

SECTION 1029. Taking of Forest Products by Unlicensed Person to Prejudice of Licensee. – Where a license is issued for the taking of forest products and a person other than the licensee unlawfully enters or operates without license in the territory covered thereby and cuts, gathers, or removes any forest products contrary to the terms of said license, or attempts to remove any products so cut or gathered, the same may be seized and delivered to the proper licensee, upon the payment of the regular charges thereon, free from any claim on the part of the offending person. Should the licensee, upon receiving notice of the seizure, refuse to accept such products and pay said charges, the property shall be deemed to be forfeited and upon delivery to the Bureau of Internal Revenue shall be disposed of under the Internal Revenue Law as such.

[1148-26.]

SECTION 1030. Leasing of Forest Land for Special Purposes. – The Director of Forestry, with the approval of the Secretary of the Interior, may, upon proper terms which he may deem reasonable, lease, as herein provided, forest land as sites for sawmills and timber depots, and for the construction of hotels, sanatoria, residences, or for camps, fish ponds, pastures, or other lawful uses, for a period not to exceed twenty years and not more than ten hectares in area, except so far as fish ponds are concerned, in which case the maximum area shall be two hundred hectares, and pastures, the maximum of which shall be one thousand hectares, to any person or to any association of persons.

The Secretary of the Interior may grant free rights of way through any public land to enable the holder of such special permit or license to get access to the land in question.

[2608.]

ARTICLE III

Communal Forests

SECTION 1031. Establishment of Communal Forests. – The Director of Forestry, with the approval of the Department head, may set aside, as communal forest, for the particular use of the inhabitants of any municipality, township, or settlement one or more tracts of public-forest land, more suitable for forest uses than for agriculture. Such assignments shall be preferably made from land in the province of the community to be served; but if there be no such land conveniently situated for the use of such community, a communal forest may be assigned for its use in a neighboring province. If the public interests so require, the Director of Forestry may, with like approval, change the location or boundaries of a communal forest or disestablish it altogether.

[Comp, 1173.]

SECTION 1032. Taking of Lower-Group Timber without License. – Until the twenty-fifth day of October, nineteen hundred and twenty, residents of a place for which a communal forest shall not have been set aside may, without license and free of charge, take timber of the second and lower groups, minor forest products, and stone or earth which they need for personal purposes, and not for sale or transportation to another municipality, township, or settlement; provided such products are taken in a public forest, but not in a forest reserve, situated in the municipality, township, or settlement wherein the person taking such products resides.

[2532.]

SECTION 1033. Administration of Communal Forest. – Communal forests shall be administered by the Director of Forestry, subject to the approval of the Secretary of the Interior, in such a way as to assure to the people having rights therein a continued supply of forest products necessary for their home use, and to this end the Director of Forestry may prescribe the species and sizes of trees that may be cut and the manner of removal of such trees or other forest products, stone, or earth. Exploitation of a communal forest for revenue shall be allowed by the Director of Forestry only when the best interest of the forest requires cutting in excess of local needs.

[976; 2165.]

SECTION 1034. Cutting of First-Group Timber in Communal Forest – Upon a satisfactory showing that a resident of any municipality, township, or settlement for which a communal forest has been set aside will erect for his personal use a house of strong materials the Director of Forestry may issue or cause to be issued to such resident a written permit for the cutting within such communal forest of the requisite amount of first-group timber without charge, provided that if a communal forest has not been set aside such permit may be given for any public forest in the jurisdiction of the municipality, township, or settlement, in which the building is to be erected; but the privilege herein conferred shall be subject to abrogation or restriction by executive order in the discretion of the Governor-General.

“House of strong materials”, as here used, means any dwelling-house which has its frame, floor, and sides made of wood, or if not wholly of wood, of concrete, steel, stone, or other like material.

[976; 2165.]

TITLE VIII

Bureaus Pertaining to Department of Commerce and Police

CHAPTER 32

Philippine Constabulary

PRELIMINARY ARTICLE

Title of Chapter

SECTION 1038. Title of Chapter. – This chapter shall be known as the Constabulary Law.

ARTICLE I

Philippine Constabulary

SECTION 1039. Constitution of Philippine Constabulary. – For the preservation of peace, law, and order in the Philippine Islands there shall be maintained as herein provided an organized and disciplined body to be known as the Philippine Constabulary.

[Comp., 1196.]

SECTION 1040. Authority of Governor-General Over Philippine Constabulary. – In the exercise of its power to maintain peace, law, and order, the Philippine Constabulary shall be subject to the command and general supervision of the Governor-General.

[175-1; 255-1.]

SECTION 1041. Chief and Assistant Chiefs of Philippine Constabulary. – The Philippine Constabulary shall have one Chief and such number of Assistant Chiefs as may from time to time be available under current appropriations.

[1407-12 (a); 2296.]

SECTION 1042. Succession of Assistant to Position of Acting Chief of Constabulary. – During the absence or disability of the Chief of Constabulary one of the Assistant Chiefs, to be designated by the Governor-General, shall serve as Acting Chief.

[1394-1.]

SECTION 1043. Chief of Constabulary Clothed with Powers of Bureau Chief. – For administrative purposes the Philippine Constabulary shall be deemed to be a Bureau, and the Chief of Constabulary shall have all the powers conferred generally on Bureau chiefs.

SECTION 1044. Cadet Academy. – The Chief of Constabulary shall have control and supervision of an academy, to be known as the Academy for Officers of the Philippine Constabulary, which shall be maintained at Baguio, in the subprovince of Benguet, for the instruction and training of officers in the Constabulary service and of cadets destined for such service.

[2319-1 (Bur. Constab.); 2605.]

SECTION 1045. Constabulary Districts-Assignment of Assistant Chiefs to Districts. – Subject to the approval of the Governor-General, the Chief of Constabulary shall establish and maintain as many Constabulary districts in the Islands as he shall deem necessary, and subject to the same approval, he may from time to time change their territorial limits, but such districts shall be kept as nearly equal in size and population as practicable. To each of such districts an Assistant Chief shall be assigned.

The Chief of Constabulary may change an Assistant Chief from one district to another and may detail any such assistant for such duties as the service may require.

[618-1; Comp., 1203.]

SECTION 1046. General Authority of Chief of Constabulary as Regards Maintenance of Law and Order. – The Chief of Constabulary shall have general control and command of the Constabulary, and it shall be his duty by means thereof, and for the maintenance of law and order throughout the Islands, to suppress insurrection, riots, brigandage, unlawful assemblies, and breaches of the peace and to see that the perpetrators of such offenses are brought to justice.

[175-4; 255-1; 1091-1.]

SECTION 1047. Cooperation of Constabulary with Provincial Governor. – It shall be the duty of all members of the Constabulary stationed in any province to cooperate in every way possible with the provincial governor in the maintenance of law and order and the suppression of brigandage, lawless violence, and crime.

[610-4.]

SECTION 1048. Duty of Provincial Governor to Report Misbehavior of Members of Constabulary. – It shall be the duty of the provincial governor, when any officer or other member of the Constabulary is, in his judgment, guilty of any official oppression, extortion, or other violation of duty, to make immediate report of the same to the Governor-General, with all the particulars thereof.

[175-10.]

SECTION 1049. Inspection of Local Police. – It shall be the duty of each senior inspector of Constabulary to make inspections of the various bodies of local police within his province and to make due report to the Chief of Constabulary as to their equipment and efficiency and generally as to the conditions of the province as regards peace and the observance of law and order.

[175-12; 1709.]

To this end he may require reports from the chiefs of police and presidents relative to the number, equipment, and state of discipline of their police forces or other information deemed desirable with respect to the operations of such police and the conditions prevailing in their respective jurisdictions.

[175-12.]

SECTION 1050. Suspension of Police by Provincial Governor. – When a senior inspector finds that the officers or men of any body of local police are inefficient, dishonest, disloyal to the United States, or guilty of any violation of law or duty, he shall at once report the same to the governor of the province, who shall have the power, and it shall be his duty, to suspend the accused pending final action in the matter.

[175-13; 610-3.]

SECTION 1051. Special Authority for Placing Municipal Police Under Control of Constabulary Officer. – The Governor-General, or the provincial governor with the approval of the Governor-General, may, when in his judgment the public interest will be subserved thereby, place any body of local police under the control of the senior inspector of Constabulary on duty in the province at the time. The senior inspector in such case is authorized and empowered, under the general supervision of the provincial governor, to control and direct the movements of said police.

[781-1.]

SECTION 1052. Discipline of Local Police when in Charge of Constabulary Officer. – It shall be the duty of the senior inspector to see that the police thus placed in his charge are properly uniformed, drilled, and disciplined and that all lawful orders of the provincial governor, president, and others in authority are executed as well as that all proper arrests are made for violations of law or municipal ordinances; and in case of emergencies he is authorized, under the general supervision of the provincial governor, to unite the forces of the various municipalities, townships, or districts in suppressing ladronism or brigandage or other grave violations of the law which threaten the peace of the entire community. To the same end he may unite the Constabulary forces under his command with the local police.

[781-1; Comp., 1252.]

SECTION 1053. Duty of Constabulary to Assist Local Police. – When a president is unable to preserve the peace in his jurisdiction with the police force under his control, he shall report such fact to the senior inspector of Constabulary, whose duty it shall be to render such assistance in the maintenance or restoration of peace and order as may be requisite to that end. In such case the senior inspector may temporarily take command of and direct the operations of the local police force in conjunction with the Constabulary under his command until peaceful conditions are restored.

[175-14; 255-1.]

SECTION 1054. Disarming of Local Police. – Upon the order either of the Governor-General or of the provincial governor of any province, the officer in charge of the Constabulary in such province shall cause any body of police therein to be disarmed. It shall be the duty of the provincial governor to make such order whenever he thinks there is danger that the arms in their custody will be lost or stolen.

[175-6; 610-1.]

SECTION 1055. Duty of Municipal Officers and Members of Police to Give Notice of Presence of Outlaws. – It shall be the duty of all officers of municipalities, townships, or districts and of the officers and members of all local police forces to give notice immediately, both to the provincial governor and the nearest Constabulary officer or station in the province, provided that said officer or station is within fifteen kilometers of such officer or member of the police force, of the presence of any bands of outlaws or other persons threatening the peace of the community within their jurisdiction, or any act of robbery or theft by such bands, when the offenders or any of the members of such bands are at large.

[1683-1.]

ARTICLE II

Constabulary Service

SECTION 1056. Words and Phrases Defined. – “Commissioned service” as used in this chapter, includes officers having the rank of brigadier-general, colonel, lieutenant-colonel, major, captain, first lieutenant, second lieutenant, and third lieutenant.

“Enlisted service” comprises all noncommissioned officers and privates.

SECTION 1057. Duty of Chief as Regards Discipline and Equipment of Constabulary. – The Chief of Constabulary shall be charged with the instruction and discipline of the Constabulary and with its interior economy and administration. To this end he shall see that the members of the Constabulary are properly selected; that the body is properly organized, governed, and disciplined; that it is supplied with arms, uniforms, and equipment prescribed by himself; and that it is in all respects maintained as an effective instrument for the performance of its duties.

[175-6; 255-1; Comp., 1204; Constab. Manual, 5, 6.]

SECTION 1058. Manual of Rules and Discipline. – The Chief of Constabulary is empowered, with the approval of the Governor-General, to prepare manuals of rules and discipline defining the lawful powers and duties of members of the Constabulary and of the members of the municipal police.

[Constab. Manual, sec. 10.]

SECTION 1059. Qualifications of Members of Constabulary. – No person shall be appointed as an officer in the Constabulary service or enlisted therein unless he is a citizen of the United States or Philippine Islands; nor shall any person be so appointed or enlisted until he shall have taken an oath such as is required in section twenty-seven of this Code.

[1168-3.]

SECTION 1060. Rank of New Appointees in Constabulary Service. – No officer appointed by the Chief of Constabulary may receive upon entering the service a higher rank than that of second lieutenant.

[1863-3.]

SECTION 1061. Additional Pay of Officer – Quarters in Kind. – In addition to the pay provided by law for the commissioned officers of the Philippine Constabulary, there shall be allowed and paid to each of such officers who is not an officer of the United States Army detailed for service with the Constabulary, ten per centum of his current annual pay for each term of five years of faithful and efficient service; but the total amount of such increase shall not exceed forty per centum of the yearly pay of the grade as provided by law. In computing compensation for length of service or retirement pay to commissioned officers who have risen from the ranks, they shall be credited with the time during which they served as enlisted men.

[2060-1.]

Officers of the Philippine Constabulary shall be entitled to quarters in kind.

[706; 807; 2319-1 (Bur. Constab.)]

SECTION 1062. Term of Enlistment-Additional Pay for Re-Enlistment. – The term of enlistment in the Philippine Constabulary shall be three years; and each enlisted man who shall reënlist within two months after his discharge by reason of expiration of term of enlistment shall receive two pesos per month additional pay for his second enlistment and one peso per month additional pay for each enlistment subsequent to his second enlistment. Upon discharge enlisted men shall be entitled to transportation to the place of their enlistment.

[1394-4; 1679-1; 2319-1 (Bur. Constab.)]

SECTION 1063. Authority of Members of Constabulary as Peace Officers. – Members of the Constabulary are peace officers and are authorized and empowered to prevent and suppress brigandage, unlawful assemblies, riots, insurrections, and other breaches of the peace and violations of the law. They are empowered and required to execute any lawful warrant or order of arrest issued against any person or persons for any violation of law, and to make arrests upon reasonable suspicion without warrant for breaches of the peace or other violations of law.

[175-9; 255-1; Constab. Manual, sec. 2.]

The Philippine Constabulary shall not, however, be charged with the duty of enforcing the ordinances of any municipality, and shall not make arrests for violations of the same, unless the Governor-General or the provincial governor shall, in writing, request the senior Constabulary officer of the province to direct his subordinates to enforce the ordinances, or any particular ordinance or ordinances, of any or all the municipalities of the province.

[610-6.]

Persons arrested by members of the Constabulary shall in all cases, if reasonably practicable, be brought, within twenty-four hours, before a judge or justice of the peace, to be dealt with according to law.

[175-9; 255-1.]

SECTION 1064. Discipline of Members of Constabulary Service. – For inefficiency, misconduct, or disloyalty to the United States, the Chief of Constabulary may suspend and, after due hearing, remove any member of the Constabulary service appointed by him or under his authority, or reduce him in rank, as the case may require.

[175-9; 255-1; 1091-1; Comp., 1198.]

For neglect of duty, violation of regulations, or any minor offense against good order and discipline for which no specific penalty is provided, the Chief of Constabulary may, in the interest of the public service, reduce the salary or compensation of any member of the Constabulary, deduct from his pay a sum not exceeding one month’s pay, or as a punishment suspend him without pay for a period not exceeding two months.

[619-10.]

When a member of the Constabulary has been convicted and sentenced by a court of competent jurisdiction, other than a Constabulary summary court, the Chief of Constabulary may order his discharge and the forfeiture of all pay and allowances due or to become due.

[1091-1; Comp., 1198.]

SECTION 1065. Provisions of Civil Service Law Not Applicable to Constabulary Service. – The examination, appointment, promotion, and removal of members of the commissioned and enlisted service of the Philippine Constabulary, the filling of vacancies therein, and the general discipline of persons in said service shall not be governed by the Civil Service Law.

SECTION 1066. Arrest and Confinement of Subordinate Officers and Enlisted Men. – The Chief or any Assistant Chief of Constabulary, the senior inspector of a province, or other superior officer may arrest and confine in his quarters any subordinate officer of his command charged with crime or with conduct unbecoming a gentleman, or to the prejudice of good order and discipline, for not exceeding ten days pending investigation of the charge and action thereon. An enlisted man of the Constabulary charged with crime or with being guilty of any offense under this chapter may be arrested and confined by any superior authority in the Constabulary until delivered to the proper provincial or judicial officials where the offense is cognizable by the Courts of First Instance, or until tried, where the offense is punishable by Constabulary summary court, or until released by proper authority. Such arrest and confinement shall be without warrant.

[619-13.]

SECTION 1067. Confinement of Noncommissioned Officers. – No noncommissioned officer shall be confined, awaiting trial, with prisoners who are not also noncommissioned officers, nor at all unless such confinement be necessary as a measure of restraint; and no noncommissioned officer shall be sentenced to confinement except when he is also sentenced to reduction to the grade of private.

[Comp., 1249.]

SECTION 1068. Advancement of Noncommissioned Officer After Reduction to Grade of Private. – No noncommissioned officer reduced to the grade of private by sentence of the summary court shall be again advanced within six months from the date of such sentence.

[Comp., 1249.]

SECTION 1069. Deduction of Forfeitures by Monthly Installments. – Where an accused is sentenced to a forfeiture of pay, the sentence may provide for the deduction of the amount of the forfeiture in equal monthly installments, during a period of not exceeding six months after the date of the sentence.

[Comp., 1249.]

SECTION 1070. Constitution of Summary Court. – The Chief of Constabulary is authorized to designate an officer in each Constabulary post or command as summary court before whom offenders triable before a summary court shall be brought to trial. Such officer shall have authority to administer oaths and to hear and determine such cases, and when satisfied of the guilt of the accused shall adjudge the punishment to be inflicted.

[619-11; 1054-1; 1638-3, 4; Comp., 1249.]

SECTION 1071. Sundry Offenses Against Good Order and Discipline. – Any enlisted man who willfully or through neglect wastes, loses, or spoils his horse, arms, ammunition, clothing, or accouterments; or behaves himself with disrespect toward his superior officer; or lies out of his quarters or camp, or otherwise absents himself therefrom, or from his guard or other command, without leave from his superior officer; or fails, except when prevented by sickness or other necessity, to repair, at the fixed time, to the place of parade, exercise, or other rendezvous appointed by his superior officer; or goes from the same before he is dismissed or relieved; or is found one mile from his quarters or camp without leave in writing from his superior officer; or fails to retire to his quarters or tent at retreat; or hires another to do his duty for him; or is found drunk on his guard, party or other duty; or is guilty of any offense, disorder, or neglect to the prejudice of good order and discipline, not hereinbefore mentioned, shall be punished as a Constabulary summary court shall direct, subject to the provisions and limitations hereinafter contained.

[619-10; Comp., 1248.]

Persons triable before a summary court shall, if in confinement, be brought to trial within twenty-four hours of the time of their arrest, or as soon thereafter as practicable.

[619-11; Comp., 1249.]

SECTION 1072. Record to be Kept by Summary Court. – Each summary court shall keep a record in which shall be entered all cases heard and determined and the action taken thereon.

[1825-1; 1966-1.]

SECTION 1073. Approval of Sentence Imposed by Summary Court. – No sentence adjudged by a summary court shall take effect until it has been approved by the Chief of Constabulary or an Assistant Chief of Constabulary or by the senior inspector of the province. Where a senior inspector is acting as the summary court the sentence shall be approved by the Chief or by an Assistant Chief.

[1825-1; 1966-1.]

SECTION 1074. Punishment Imposable by Summary Court. – The punishment imposed by a summary court shall not exceed confinement at labor for one month and forfeiture of one month’s pay for the first conviction, or confinement at labor for two months and forfeiture of two months’ pay for the second conviction within six months.

Where the accused is a noncommissioned officer, he may be sentenced to reduction to the grade of private in addition thereto, and where the accused has been convicted by summary court three times within a year he may be sentenced to be discharged and to forfeit all pay and allowances due or to become due, in addition to the other penalties.

[Comp., 1249.]

SECTION 1075. Penalties for Specific Offenses. – Sentences imposed by the summary court for a first offense shall not in any case exceed the limits fixed for the respective offense in the table below; and for the purposes hereof an offense shall be deemed to be a first offense if the accused has not been guilty of the same or other offense mentioned in the same table within the six months next preceding the offense which is the subject of punishment.

Losing or spoiling Twenty days’ confinement at labor
and
accouterments or clothing forfeiture of six pesos; for
through neglect. noncommissioned officer,
reduction
in addition thereto.
Absence without leave: Forfeiture of one peso; corporal,
One hour or less
two
pesos; sergeant, three
pesos; first
sergeant or
noncommissioned officer
of higher grade, four pesos.
For more than one to Forfeiture of two pesos; corporal
six hours, inclusive. three pesos; sergeant, four
pesos;
first sergeant or
noncommissioned
officer of higher grade, five
pesos.
Absence without leave – Continued.
For more than six to Forfeiture of three pesos; corporal,
twelve hours, inclusive. four pesos; sergeant, six
pesos;
first sergeant or
noncommissioned
officer of higher grade,
seven pesos.
For more than twelve Forfeiture of five pesos; corporal,
six
to twenty-four hours pesos; sergeant, seven
pesos; first sergeant or
inclusive.
noncommissioned officer of higher grade, ten pesos.
For more than twenty-four Forfeiture of six pesos and five
days’
to forty-eight hours, confinement at labor; for
corporal,
inclusive. forfeiture of eight pesos;
sergeant,
ten pesos; first sergeant or
noncommissioned officer of
higher
grade, twelve pesos; or for
all
noncommissioned officers,
reduction.
For more than two to Forfeiture of ten pesos and ten
days’
ten days, inclusive. confinement at labor; for
noncommissioned officer,
reduction
in addition thereto.
For more than ten to Forfeiture of thirty pesos and one
thirty days, inclusive. month’s confinement at
labor; for
noncommissioned officer,
reduction
in addition thereto.
Failure to repair at the time
fixed, to the place appointed,
etc.:
For reveille or retreat Forfeiture of one peso; corporal,
two
roll call and inspection. pesos; sergeant, three
pesos; first
sergeant, four pesos.
For assembly of guard
detail Forfeiture of five pesos; corporal,
For guard mounting (by eight pesos; sergeant ten
pesos.
musician detailed for
guard).
For guard mounting (by
musician not detailed
for guard).
For assembly of fatigue
detail
For dress parade Forfeiture of two pesos; corporal,
For inspection and muster, three pesos; sergeant, five
pesos.
weekly or monthly
inspection.
For target practice
For drill
For stable duty
For athletic exercises
Found drunk:
On extra or special
duty
At formation of company
for drill or on drill.
At target practice
At formation of company Forfeiture of twelve pesos; for
for dress parade noncommissioned officer,
reduction
or on dress parade. and forfeiture twelve pesos.
At reveille or retreat
roll call.
At inspection and muster,
weekly or monthly
inspection.
At inspection of company
guard detail or at guard
mounting.
At stable duty
On fatigue
Using threatening or insulting One month’s confinement at labor
and
language or behaving in an forfeiture of ten pesos; for
insubordinate manner to a noncommissioned officer,
reduction
noncommissioned officer while in addition thereto.
in the execution of his office.
Absence from fatigue duty Forfeiture of four pesos; corporal,
five
pesos; sergeant, six pesos.
Absence from extra or Forfeiture of four pesos; corporal,
five
special duty. pesos; sergeant, six pesos.
Absence from duty as company, Forfeiture of ten pesos.
general mess or hospital head
cook.
Drunkenness at post or in Forfeiture of three pesos; for
quarters. noncommissioned officer,
reduction
and forfeiture of five pesos.
Noisy or disorderly conduct in Forfeiture of four pesos; corporal,
quarters. seven pesos; sergeant, ten
pesos.
Drunk and disorderly in post Forfeiture of seven pesos; for
or quarters. noncommissioned officer,
reduction
and forfeiture of ten pesos.
Noncommissioned officer Reduction and forfeiture of five
pesos.
encouraging gambling.
Noncommissioned officer Reduction, forfeiture of eight
pesos,
making false report. and ten days’ confinement
at labor.
Breach of arrest in quarters. One month’s confinement at labor
forfeiture of ten pesos; for
noncommissioned officer,
reduction
in addition thereto.

[1825-1; Comp., 1249.]

SECTION 1076. Disposition of Moneys Accruing from Fines and Forfeitures. – All fines and forfeitures imposed or adjudged by summary court shall be deposited with the Insular Treasurer and shall constitute a part of the pension and retirement fund hereinafter created.

[619-11.]

SECTION 1077. Manual for Courts-Martial. – The Manual for Courts-Martial in use in the United States Army shall, so far as the same may not be inconsistent with the provisions of this Law, be followed by Constabulary summary courts in so far as it relates to procedure, forms of charges, previous convictions, records, reports, sentences, and the approvals thereof.

[619-12; Comp., 1250.]

SECTION 1078. Arrest of Members of Constabulary Upon Legal Process. – Members of the Constabulary shall ordinarily be liable to arrest by the civil authorities upon the same grounds and to the same extent as other persons; but when the Chief of Constabulary shall report to the Governor-General that in any province the efficiency of the Constabulary of the province is being interfered with by frivolous arrests and unfounded prosecutions leading to the imprisonment of members of the Constabulary and their unnecessary detention from duty, it shall be in the power of the Governor-General, if he finds the report to be well founded, by executive order to make the next succeeding section applicable to the method of arrests in such province.

[781-3; Comp., 1254.]

SECTION 1079. Mode of Arrest in Exceptional Situation. – When in respect to any province the Governor-General shall issue the executive order described in the next preceding section, and any officer or member of the Philippine Constabulary shall in such province be charged with the violation of any criminal law or ordinance and a warrant is issued for the arrest of the alleged offender, such warrant shall be placed in the hands of a Constabulary officer on duty in the province for execution; and it shall be the duty of said officer to arrest such person and bring him before the justice of the peace, or officer issuing such warrant, to be dealt with as the law directs. No officer or member of the police of a municipality in such province shall have authority to arrest an officer or member of the Constabulary upon any criminal charge, save for a criminal offense committed in his presence, and when such offense is committed in his presence it shall be the duty of the municipal officer making the arrest to deliver the prisoner to the nearest Constabulary officer on duty in the province with a statement of the cause of the arrest of the offender and the names of the witnesses to the offense; and it shall be the duty of the Constabulary officer receiving the prisoner, as soon as practicable, to bring him before a justice of the peace, or the Court of First Instance of the province, to be dealt with according to law.

In case a justice of the peace shall bind over any such officer or member of the Constabulary to answer a criminal charge and such officer or member shall fail to give bail, the offense being bailable, the person so in custody shall be delivered to the ranking Constabulary officer on duty in the province for safekeeping. It shall thereupon be the duty of such officer safely to keep and produce the prisoner in due course before the proper court, there to be dealt with according to law. If necessary for the safekeeping of the prisoner in any such case he may be committed to the provincial jail by the officer aforesaid.

[781-4; Comp., 1255.]

SECTION 1080. Supplies and Equipment for Members of Constabulary. – An officer of the Constabulary may be furnished forage in kind and shoeing for one private animal owned by him, on his certificate, approved by his senior inspector and district chief; and forage may be sold at cost price to any officer of the Constabulary stationed outside of Manila on his certificate that it is for his personal use.

Articles of clothing, equipage, and equipment may be sold to officers and enlisted men of the Constabulary for their personal use, at cost price, under such restrictions as the Chief of Constabulary, with the approval of the Secretary of Commerce and Police, shall prescribe.

[1679-1; 2319-1 (Bur. Constab.).]

SECTION 1081. Reimbursement for Subsistence Lost. – When the subsistence of enlisted men of the Constabulary is lost through unavoidable causes, the Secretary of Commerce and Police may authorize, upon proper evidence being submitted, reimbursement to the company sustaining such loss.

[1679-1.]

SECTION 1082. Control of Company Commanders and Medical Officers Over Subsistence and Supplies. – The company commanders of the Constabulary and the medical officers in charge of hospitals shall be charge with the duty of making requisition for, disbursing, and accounting for subsistence funds and subsistence supplies for their respective commands.

[1679-1.]

SECTION 1083. Hospital Fees for Medical Treatment in United States Military Hospital. – When an officer or enlisted man of the Philippine Constabulary entitled to medical treatment is received at a military hospital under the control of the United States military authorities, the regular schedule of fees for subsistence and attendance at such hospital shall be paid and no more.

[985-2.]

The hospital charges of officers shall only be allowed when incurred by reason of injury or disability received in line of duty.

[985-3.]

SECTION 1084. Expenses Incident to Transportation of Prisoners and Escort Duty in General. – The Philippine Constabulary shall pay the cost of transportation of prisoners from the place of arrest to the place where they are turned over to the province or to a court official for trial, and thereafter, and until turned over to the Bureau of Prisons, all necessary transportation shall be paid by the province concerned.

The subsistence and travel expense of officers and the travel expense of enlisted men on escort duty shall likewise be borne by the Philippine Constabulary, and not by the Bureau or province for which the service is rendered.

[2319-1 (Bur. Constab.).]

ARTICLE III

Pension and Retirement Fund

SECTION 1085. Pension and Retirement Fund of the Philippine Constabulary. – There shall be maintained in the Insular Treasury a special fund to be known as the pension and retirement fund of the Philippine Constabulary. Moneys accruing to this fund shall be deposited with the Insular Treasurer and shall be used for no other purpose than those hereinafter specified.

[1638-1, 3.]

SECTION 1086. Sources of Pension and Retirement Fund. – To this fund shall accrue all fines and forfeitures imposed by summary courts, all fines imposed upon commissioned officers under the authority of this chapter, and also sums to be deducted and retained from the monthly pay of members of the Constabulary, according to the following scale:

From the monthly pay of each colonel, three pesos and fifty centavos.

From the monthly pay of each lieutenant-colonel, three pesos.

From the monthly pay of each major, two pesos and fifty centavos.

From the monthly pay of each captain, two pesos.

From the monthly pay of each first or second lieutenant, one peso and fifty centavos.

From the monthly pay of each third lieutenant, one peso.

From the monthly pay of each enlisted man, twenty centavos.

[619-14; 884-1 (a) ; 1638-3; 1867-1; 1966-1.]

All such fines, forfeitures, deductions, and retentions shall be noted on the pay roll, and the Constabulary officer by whom any member of the Constabulary is paid shall, before making payment, verify the amount to be deducted in each case and shall, upon making payment, deduct such amount from the total amount of pay due said member.

All amounts so deducted shall be deposited with the Insular Treasurer by the officer making the deduction.

[619-14; 884-1 (b, c).]

SECTION 1087. Application of Pension and Retirement Fund. – Moneys pertaining to the pension and retirement fund may, upon recommendation of the Chief of Constabulary, with the approval of the Governor-General, be expended or applied, subject to such regulations as the Governor-General may prescribe, for the benefit of -

(a) The widows and orphans of members of the Constabulary losing their lives in line of duty; and

(b) Members of the Constabulary who may be incapacitated to gain a livelihood by reason of wounds or other causes due to the service.

Sums applied to the foregoing uses shall constitute a preferred charge on the entire fund and future accretions thereto and shall be paid in preference to any other claim.

[619-14; 1638-1.]

SECTION 1088. Compensation Upon Retirement. – When an officer of the Philippine Constabulary shall have had twenty or more years of actual and satisfactory service, not having been meanwhile separated from the service more than one year at any one time, he may, upon making application therefor, be retired from active service by the Governor-General, and when so retired he shall receive until his death from the fund above specified an annual compensation equal to two and one-half per centum, for each year’s active service theretofore rendered by him, of the total current pay received annually by him at the time he is retired, but in no case to exceed seventy-five per centum of such total current pay.

Under the same conditions an enlisted man is entitled to retirement and a similar annual stipend from the same fund based on the total current pay and allowances received annually by him at the time of retirement, but in no case exceeding seventy-five per centum thereof for each year.

[1638-1; Comp., 458.]

SECTION 1089. Requirement of Active Service from Retired Officers and Men. – All officers and enlisted men of the Constabulary drawing pensions or retirement pay and residing in the Philippine Islands may at any time be called by the Governor-General for active service, during the period of which service they shall be entitled to receive the full pay of their rank or grade. Refusal on the part of any officer or enlisted man to perform such duty shall terminate his right to further participation in the benefit of this fund, provided he is physically fit for service, such fitness to be determined under regulations to be prescribed by the Secretary of Commerce and Police.

[1638-2; Comp., 1262.]

SECTION 1090. Investment of Pension and Retirement Fund. – The investment of this fund shall be in charge of the postal savings bank investment board, subject in all respects to the conditions and restrictions which prevail in regard to the investment of postal savings bank funds.

[1638-4; Comp., 1260.]

ARTICLE IV

Keeping of Firearms

SECTION 1091. “Firearm” Defined. – “Firearm”, or “arm”, as herein used, includes rifles, muskets, carbines, shotguns, revolvers, pistols, and all other deadly weapons from which a bullet, ball, shot, shell, or other missile may be discharged by means of gunpowder or other explosive. The term also includes air rifles except such as being of small caliber and limited range are used as toys. The barrel of any firearm shall be considered a complete firearm for all the purposes hereof.

[1780-1.]

SECTION 1092. Unlawful Possession of Firearms, Parts of Firearms, and Ammunition. – Save as allowable under this article it shall be unlawful for any person to import, receive, buy, or in any way acquire any firearm, detached parts of firearms, or ammunition therefor, or to have the possession or custody thereof, or to sell or dispose of the same in any manner.

[1780-1.]

SECTION 1093. Exception as to Firearms and Ammunition Used by Military and Naval Forces or by Police Officers. – This article shall not apply to firearms and ammunition regularly and lawfully issued to officers, soldiers, sailors, or marines of the United States Army and Navy, the Philippine Constabulary, guards in the employment of the Bureau of Prisons, municipal police, provincial governors, lieutenant governors, provincial treasurers, and guards of provincial prisoners and jails, when such firearms are in possession of such officials and public servants for use in the performance of their official duties.

[1780-16.]

SECTION 1094. Authority of Governor-General to Permit Transfer of Arms and Ammunition. – The Governor-General may, in his discretion, authorize the sale or transfer of firearms and ammunition by the Bureau of Constabulary to provincial and municipal authorities upon such terms and conditions as may be prescribed by him.

[1780-27.]

SECTION 1095. Special Permit for Possession of Arms by Civil Employees. – The chief of any Bureau of the Insular Government may apply to the Governor-General for a special permit for any subordinate official or employee of the Bureau to possess firearms and ammunition for personal protection in the performance of his duties as such official or employee, and the Governor-General may issue, or cause to be issued, such special permission under such terms and conditions as he may deem proper.

[1780-17.]

SECTION 1096. Issuance of Special Hunting Permits. – The Governor-General may authorize the Chief of Constabulary to issue special hunting permits to persons temporarily visiting the Philippine Islands, without requiring a bond or deposit as a guarantee of security for their arms and ammunition. Such special hunting permit shall be valid only during the temporary sojourn of the holder in the Islands, shall be nontransferable, and shall be revocable at the pleasure of the Governor-General.

[1780-24.]

SECTION 1097. License Required for Dealer in Firearms. – Any person desiring to deal in firearms, parts of firearms, or ammunition therefor shall make application to the Governor-General for a license, stating therein the facts regarding the amount of business in the purchase and sale of firearms and ammunition intended to be transacted by such applicant, and the classes of arms and ammunition which the applicant intends to purchase and sell under the license applied for, and such additional information as may be specially requested by the Governor-General before passing upon the application. The Governor-General may approve or disapprove such application and, in the event of approval, shall state therein the amount of the bond to be executed by the applicant before the issuance of the license, and the time during which the license shall be effective, unless sooner revoked by his authority.

[1780-2.]

SECTION 1098. Issuance of License by Chief of Constabulary – Dealer’s Bond. – Upon approval of the application by the Governor-General it shall be transmitted to the Chief of Constabulary, who shall issue the license in accordance with the terms of the approval of the Governor-General, upon the execution and delivery by the licensee of a bond, to be approved by the Chief in the amount fixed by the Governor-General and conditioned for the faithful compliance on the part of the licensee with the laws and regulations relative to the business licensed.

[1780-3, 4.]

SECTION 1099. Additional License to Keep Firearms in Excess of Amount Permitted Under Original License. – If any person, having a dealer’s license, shall for purposes of sale, desire to import, buy, or otherwise acquire, dispose of, possess, or have the custody of any firearms or ammunition in greater amount than is named or described in his license, he must apply for and secure a new license.

[1780-6.]

SECTION 1100. Records to be Kept by Persons Doing Business Under Dealer’s License. – Every dealer in firearms or ammunition shall keep complete and accurate records and accounts of importations and sales of firearms and ammunition, with the name, age, residence, occupation, and post-office address of each and every purchaser of any firearms or firearms and ammunition, and the number and date of the license of each purchaser for the possession of each firearm purchased by him and the number of the firearm purchased, together with the amount and character of the ammunition purchased for each firearm; and each dealer in firearms shall, when requested by the Chief of Constabulary, permit the examination of such records and accounts of the purchases and sales of firearms and the counting and verification of all arms and ammunition remaining on hand; and any refusal upon the part of any such dealer to comply with the provisions of this section shall be a breach of the condition of the bond executed and delivered by such dealer.

[1780-8.]

SECTION 1101. License Required for Individual Keeping Arms for Personal Use-Security to be Given. – Any person desiring to possess one or more firearms for personal protection, or for use in hunting or other lawful purposes only, and ammunition therefor, shall make application for a license to possess such firearm or firearms or ammunition as hereinafter provided. Upon making such application, and before receiving the license, the applicant shall, for the purpose of security, make a cash deposit in the postal savings bank in the sum of one hundred pesos for each firearm for which the license is to be issued, and shall indorse the certificate of deposit therefor to the Insular Treasurer; or in lieu thereof he may give a bond in such form as the Governor-General may prescribe, payable to the Government of the Philippine Islands, in the sum of two hundred pesos for each such firearms.

Persons who were members of gun clubs, duly formed and organized on or before October twelfth, nineteen hundred and seven, and at that time had a license to possess firearms, shall not be required to make the deposit or give the bond prescribed by this section, and the bond theretofore executed by such persons in accordance with the then existing law shall continue to be security for the safe-keeping of such arms.

[1780-9.]

SECTION 1102. Mode of Making Application – Action of Governor-General and Chief of Constabulary Thereon. – An application for a personal license to possess firearms and ammunition, as herein provided for, made by a resident of the city of Manila, shall be directed to the chief of police of said city and it shall be the duty of the chief of police to forward the application to the Governor-General with his recommendation. Any such application made by a resident of a province shall be directed to the governor of the province, who shall make his recommendations thereon and forward the application to the senior inspector of Constabulary of the province, who in turn shall make his recommendations thereon and forward the application, through official channels, to the Governor-General. The Governor-General may approve or disapprove any such application, and, in the event of approval, the papers shall be transmitted to the Chief of Constabulary.

The Chief of Constabulary, upon receiving and approving the bond or receiving the certificate of deposit duly indorsed to the order of the Insular Treasurer, shall issue the license and shall transmit the license direct to the applicant, and shall notify the chief of police of the city of Manila if the applicant resides in Manila, otherwise the senior inspector of Constabulary of the province in which the applicant resides. The Chief of Constabulary shall file the certificate of deposit in his office. It shall be the duty of all officers through whom applications for licenses to possess firearms are transmitted to expedite the same.

[1780-11.]

SECTION 1103. Duration of Personal License. – A personal firearms license shall continue in force until the death or legal disability of the licensee, unless, prior thereto the license shall be surrendered by him or revoked by authority of the Governor-General.

[Comp., 1285.]

SECTION 1104. Change of Domicile by License. – When a person holding a valid license for the possession of any firearm or firearms and the ammunition therefor shall change his domicile from the city of Manila to a province or from a province to the city of Manila, or from one province to another, he shall, within ten days thereafter, notify the Chief of Constabulary of such change by registered mail, or he shall notify the senior inspector of the province in which he takes up his new domicile, or the chief of police of the city of Manila, as the case may be, and the said senior inspector or chief of police, as the case may be, shall transmit such information to the Chief of Constabulary.

[1780-13; Comp., 1275.]

SECTION 1105. Deposit of Firearms by Person Holding Dealer’s License. – With the permission of the Governor-General any person holding a dealer’s license may store firearms and ammunition in the custody of the Philippine Constabulary, subject to his call. Upon the making of any such deposit the Chief of Constabulary shall give a receipt containing a description of the materials stored and upon surrendering the same shall require that the same receipt be returned or similar receipt given by the party receiving the article or articles returned.

[1780-17; Comp., 1279.]

For such storage the Chief of Constabulary may make reasonable charges to be fixed by him, with the approval of the Secretary of Commerce and Police.

[1780-2.]

SECTION 1106. Deposit of Firearms by Person Arriving from Abroad. – A person arriving in the Philippine Islands, having in his possession any firearm or ammunition for which he has no license, shall deposit the same, upon written receipt, with the collector of customs for delivery to the Bureau of Constabulary for safe-keeping.

[1780-24.]

If the party in question desires to obtain a firearms license, the Chief of Constabulary shall communicate such fact to the Governor-General, and if the importation is allowed, a license may be issued as in other cases. If no license be desired, or leave to import be not granted, the article or articles in question shall remain in the custody of the Bureau of Constabulary until taken from the Islands or otherwise disposed of according to law.

[1780-2.]

SECTION 1107. Surrender of Arms Upon Termination of License. – Upon the revocation of any license or the termination thereof for any cause all arms and ammunition in the possession of the licensee and covered by such license shall be placed in the custody of the Philippine Constabulary.

[1780-5.]

SECTION 1108. Surrender of Firearms Upon Death or Disability of the Licensee. – Upon the death or legal disability of the holder of a firearms license, it shall be the duty of the nearest relative, legal representative, or other person who shall knowingly come into possession of such firearm or ammunition, forthwith to deliver the same to the senior inspector of Constabulary in the province or to the Chief of Constabulary in Manila, and such firearms and ammunition shall be retained by the officer pending the issuance of a license therefor in accordance with law.

[1780-20.]

SECTION 1109. Return of Firearms to Owner Upon Departure from Islands. – Upon the departure from the Philippine Islands of any person whose arms or ammunition may be in the custody of the Philippine Constabulary, the same shall, upon timely request, be delivered to him through the Insular Collector of Customs, aboard the steamer on which he is to sail.

[1780-21.]

SECTION 1110. Annual Inspection of Firearms Held Under License. – The Chief of Constabulary, once each year, shall issue directions to the senior inspectors of Constabulary of the various provinces to verify all arms in the possession of persons holding licenses and to make due report of such verification to the Chief of Constabulary of any violation of the terms of the license or of the laws, rules, or regulations relating to the possession of firearms or ammunition, and they shall indorse on each license that they have made such verification, with the date thereof. The chief of police in the city of Manila shall make a similar verification and report to the Chief of Constabulary, noting on each license the date of the verification made by him.

[1780-15.]

SECTION 1111. Duty of Holder to Exhibit License. – It shall be the duty of any person holding a license to possess firearms or ammunition to exhibit such license whenever called upon to do so by a provincial governor, by a provincial officer acting under written orders of the provincial governor, by an officer of the Constabulary, by a member of the Constabulary acting under orders or pursuant to regulation, by the chief of police of the city of Manila, or by a peace officer acting under a written order of the chief of police.

[1780-14.]

SECTION 1112. Revocation of Firearms License by Governor General. – Any firearms license may be revoked at any time by order of the Governor-General.

[1780-5, 22.]

SECTION 1113. Enforcement of Liability Upon Bond. – In the event of the loss or disappearance of any firearms or ammunition from any cause, except in the case of ammunition lawfully expended, it shall be the duty of the provincial fiscal, or, in the city of Manila, of the fiscal of the city, forthwith to institute proper action in a court of competent jurisdiction for the recovery of the amount specified in the bond of the licensee.

[1780-28.]

SECTION 1114. Forfeiture of Certificate of Deposit. – Where a certificate of deposit has been used as security and the licensee fails to comply with any provision of this article or of the regulations pursuant thereto, or with the terms of his license, or fails to have forthcoming upon proper demand the firearm covered by his license, whether lost through accident or otherwise, the Governor-General shall, upon satisfactory proof of such fact, order that the certificate of deposit be forwarded to the Insular Treasurer for collection. The amount thereof when collected shall be deposited to the credit of general funds.

[1780-12.]

SECTION 1115. Refund Upon Recovery of Lost Firearm. – When a lost firearm is recovered by the owner reimbursement shall be made for any sum collected upon his bond or enforced by forfeiture of his deposit.

[1780-12.]

SECTION 1116. Remission of Liability for Loss of Firearm. – The Governor-General, in his discretion, may relieve from liability on his bond or postal savings bank deposit any person losing a firearm for which he had a proper license, upon the presentation of satisfactory proof showing that said firearm was destroyed or lost beyond reasonable chance of recovery by any person, and through no fault or negligence on the part of the person holding the license.

[1780-23; Comp., 1290.]

SECTION 1117. Surrender of Bond or Certificate of Deposit. – When a firearms license expires or is revoked or surrendered, and all the arms or ammunition held thereunder are accounted for and disposed of according to law, the licensee’s bond or his certificate of deposit shall be surrendered by order of the Governor-General upon satisfactory proof of compliance with the laws and regulations relative to the use of firearms.

[1780-5, 23.]

SECTION 1118. Forms and Regulations to be Prescribed by Governor-General. – The Governor-General shall prescribe such forms and promulgate such regulations as he shall deem necessary for the proper enforcement of this law.

[1780-30.]

SECTION 1119. Suspension of Firearms Law in Department of Mindanao and Sulu. – The Governor-General may at any time, in his discretion, by executive order, suspend the operation of this article in the Department of Mindanao and Sulu and subsequently restore the same therein to full effect.

[1808-1; Ex. Or. 16 (1908).]

CHAPTER 33

Bureau of Public Works

ARTICLE I

Organization of Bureau

SECTION 1125. Chief Officials of Bureau of Public Works. – The Bureau of Public Works shall have one chief and two assistant chiefs, designated respectively as the Director of Public Works, the chief constructing engineer, and the chief designing engineer.

There shall be in this Bureau an officer to be known as the consulting architect, who, under the supervision of the Director of Public Works, shall be charged with the performance of such duties of the Bureau as relate to the architectural features of public works and improvements. The consulting architect may engage in private work and receive compensation therefor, provided such work shall not be allowed to interfere with the discharge of his official duties.

[1407-13 (a); 1495-1, 2; 2319-1 (Bur. Pub. Work).]

SECTION 1126. Functions of Bureau of Public Works. – The general functions of the Bureau of Public Works shall, among other things, comprise:

(a) The maintenance and repair of Insular buildings, the custody and care of vacant unassigned Insular buildings, and such other public buildings as may be designated by the Governor-General.

[1407-13; Comp., 1294 (a).]

(b) The assignment of quarters to Insular Bureaus and Offices in the public buildings.

[1407-13; Comp., 1294 (a).]

(c) The giving of advice to the Governor-General the Philippine Legislature, the Philippine Commission, and the Secretary of Commerce and Police upon matters pertaining to engineering work of all kinds and the architectural features of public works and improvements in general.

[584-2.]

(d) The making of needful preliminary investigations, plans, and specifications for the construction or repair of public works and improvements; the obtaining of bids for contract work, the acceptance or rejection of the same, and the awarding of contracts therefor.

[268-3 (1, 2).]

(e) The preparation of plans and estimates with reference to provincial and municipal works and improvements, the letting of contracts therefor, and supervision over the construction, maintenance, and repair thereof, as hereinafter provided.

[1407-7.]

(f) The supervision over the architectural features of buildings, parks, streets, and permanent constructions and improvements of a public character throughout the Islands, whether pertaining to the Insular or other branch of the Government; and the procurance of architectural plans for public buildings by means of public competition, when deemed advisable.

[1495-1, 2; 2314-1.]

(g) The construction of sewers, waterworks, irrigation systems and other public works requiring engineering skill, and the construction and equipment of public buildings and public improvements directed by law to be done on behalf of the Insular Government, when the accomplishment of such work is not otherwise specially provided for by law.

(h) The construction and repair of lighthouse towers and buildings appertaining thereto; the construction of wharves, docks, jetties, retaining walls, and all other port works; the work of reclaiming land from the sea by dredging, filling in, or otherwise, and the construction of all structures in connection with the improvement of the facilities for loading and unloading vessels, and the construction, repair, and maintenance of bridges crossing navigable waters, and river and harbor improvements; but when a bridge is constructed across navigable waters, the project for the construction thereof shall be prepared with the concurrence of the Bureau of Customs, and in case of its disagreement with the Bureau of Public Works, the Governor-General shall decide.

(i) The apportionment and appropriation of waters and of water rights; and the inspection, control, and supervision of works for the use of waters.

[2152.]

(j) The registration of motor vehicles, the licensing of operators of such vehicles, and supervision over motor-vehicle traffic.

[2159-3, 47.]

SECTION 1127. Execution of Work for Private Parties. – Subject to approval by the Secretary of Commerce and Police, work may be executed by the Bureau of Public Works for private parties, the total charges thereof to be collected and deposited to the credit of appropriations for current expenses of the Bureau of Public Works and become available therefor.

SECTION 1128. Supervision Over Architectural Features of Manila Improvements. – The Bureau of Public Works shall exercise supervision over the architectural and landscape features of the parks and city walls of the city of Manila, the approaches thereto, and of the moats and the area between them and the boundary streets of Intramuros. In case the Director of Public Works and the Municipal Board shall fail to agree on the treatment of such matters, the questions at issue shall be referred to the Governor-General for final decision.

[1495-2; 2314-1.]

SECTION 1129. Request of Municipal Board for Recommendation of Consulting Architect. – The Municipal Board of the city of Manila, before expending any appropriation for the construction of buildings or architectural works of a permanent character or for repairs or alterations which materially affect the architectural appearance of buildings of a permanent character or of any construction involving a modification of the Burnham plans, including the laying out or alteration of public streets and parks, shall request the written opinion and recommendation of the consulting architect, through the Director of Public Works, and shall not proceed in the matter until such is received.

[1495-6.]

SECTION 1130. Burnham Plans for Improvements in Manila and Baguio. – The general plan prepared by D. H. Burnham, commonly known as the Burnham plan for the improvement of the city of Manila, and the Burnham plan for the improvement of Baguio, shall be the bases for the future development of these places.

The consulting architect is charged with the interpretation of these plans and he shall prepare details where architectural effect or monumental features are involved.

[1495-4.]

SECTION 1131. Authority of Officials to Administer Oaths and Take Testimony. – The Director of Public Works, the assistant chiefs, and chiefs of divisions in the Bureau of Public Works shall have authority to administer oaths in the transaction of official business. The same officials or other officer or employee of the Bureau thereunto especially deputed by the Director of Public Works shall have further authority to take testimony in any matter within the jurisdiction of the Bureau of Public Works.

Any official in charge of a public work under the authority of the Insular Government or any provincial government shall also have authority to administer oaths.

[2152-31.]

SECTION 1132. Execution of Contracts and Leases for Buildings in Territory Under Control of Philippine Commission. – All contracts and leases for the use and occupancy of Government buildings or cottages in the territory under the exclusive control of the Philippine Commission shall be executed by the Director of Public Works, with the approval of the Secretary of Commerce and Police.

[268-3 (2) ; 2102-1.]

SECTION 1133. Medical Supplies and Attendance for Employees of Bureau. – When officers and employees of the Bureau of Public Works are engaged on authorized public works at places where usual medical attendance is not accessible, the Director of Public Works may, with the approval of the Department head, appoint such physicians at fixed monthly salaries as may be, in his judgment, for the best interest of the service, the cost of the same being chargeable to the funds available for the project in question.

[2319-1 (Bur. Pub. Works).]

ARTICLE II

District Engineers

SECTION 1134. Engineering Districts. – With the approval of the Secretary of Commerce and Police, the Director of Public Works shall divide the Philippine Islands into such number of engineering districts as shall from time to time be deemed advisable. The several engineering districts shall, as far as practicable, be coextensive with the territorial limits of the respective provinces.

[1401-2.]

SECTION 1135. District Engineer. – To each engineering district shall be assigned a civil engineer, who shall be known as the district engineer. With the approval of the Secretary of Commerce and Police, a district engineer may be changed by the Director of Public Works from one district to another, or he may be assigned to other duty, or additional duties, as the service may require.

The Director of Public Works shall designate the respective official stations of the district engineers, and it shall be the duty of the provincial board to provide the requisite quarters, fixtures, furniture, equipment, and office and engineering supplies for his office.

[1401-2, 13.]

SECTION 1136. Functions of District Engineer. – The district engineer shall have general supervision over the construction, maintenance, and repair of provincial public works of the district to which he is assigned and over all contracts connected with such works.

[1752-1; 2319-1 (Bur. Pub. Works).]

Upon request of any provincial board in his district, the district engineer shall make investigations and surveys of proposed construction or repair of public works, and shall submit to said provincial board reports and estimates of the cost of construction or repair of such proposed works with his recommendations, and he shall, subject to the regulations of the Bureau of Public Works, prepare plans and specifications for such public works as may be required by the provincial board.

[1752-1.]

It shall be the duty of the district engineer to prepare a comprehensive scheme of roads for all of the provinces and municipalities in his district, which shall be submitted, with his recommendations, to the provincial and municipal governments interested.

[1401-3.]

SECTION 1137. District Engineer as Adviser to Municipalities and Townships. – The district engineer shall act in an advisory capacity to the municipalities, townships, and other local political divisions. Upon request by any municipal or township council, and subject to the approval of the provincial board, it shall be his duty to make investigations and surveys for the proposed construction or repair of public works, and to submit to the president reports and estimates of the cost of such construction or repair, with his recommendations.

Upon request of any municipal or township council, subject to the regulations of the Bureau of Public Works, he shall prepare plans and specifications for such public works as may be required; and upon like request he shall be charged with the supervision of the construction or repair of the same.

[1401-7.]

SECTION 1138. Supplies and Materials for Use in Prosecution of Municipal Works. – Upon being authorized or requested by any provincial board or municipal council to make any investigations or surveys, or proceed with the construction or repair of any public works, the district engineer shall give his memorandum receipt for such available provincial or municipal property as shall be necessary for the prosecution of the work to the provincial or municipal officer accountable for the property, by whom it shall be issued to said engineer, and he shall be responsible for the return of the same to said accountable officer unless he shall present to said officer a certificate satisfactory to the Insular Auditor that the same has been properly expended or accounted for, and he shall have supervision over such provincial or municipal employees, tools, supplies, transportation, and material as may be assigned to him for projects authorized by said provincial or municipal governments.

Such additional supplies, tools, and material as may be necessary for the satisfactory completion of authorized works shall be secured for the district engineer by the proper provincial or municipal officer in the usual manner, and the provincial or municipal government authorizing such works shall make appropriations to pay for the same.

The Director of Public Works, whenever he shall deem the same to be in the interests of the public service, may place at the disposal of the district engineers, upon proper memorandum receipt, property under his control belonging to the Insular Government, and shall fix a reasonable charge to pay for the necessary expenses connected therewith and the wear and tear thereon, and said charge shall appear in the statement of the district engineer and shall be paid by the provincial or municipal government interested, as hereinafter provided.

[1401-8; Comp., 1302.]

SECTION 1139. Expenses of Work Done by District Engineer. – The district engineer shall submit to the Director of Public Works a statement showing the cost of authorized surveys and investigations made by him and of the superintendence of construction, repair, and maintenance of public works rendered by him for provinces and municipalities, and such cost shall be chargeable against the province or municipality for which such projects were accomplished, under such rules and regulations as may be jointly prepared by the Insular-Auditor and the Director of Public Works. It shall be the duty of the provincial or municipal government incurring charges to make appropriations providing for the payment of the same, and moneys so paid shall revert to the general funds in the Insular Treasury.

[1401-11; Comp., 1304.]

The salaries and wages of employees engaged in the prosecution of specific provincial or municipal public works shall be paid by the province or municipality concerned.

[1401-9; Comp., 1303.]

SECTION 1140. Special Assignment of Engineer to Superintend Provincial Construction Work. – Upon the request of the provincial board of any province to which a district engineer is not assigned, the Director of Public Works shall, with the approval of the Secretary of Commerce and Police, assign from the engineering force under his control an engineer to prepare plans and estimates for engineering work desired by such provincial board, or to supervise the construction of engineering work which has been duly authorized. In case of such assignment the provisions of the next preceding section with regard to payment of the expense of such service shall apply to the interested province, municipality, or township.

[1401-12.]

SECTION 1141. District Engineer in Capacity of Sanitary Engineer. – Within their respective districts, district engineers shall act as sanitary engineers, and shall consult with district health officers regarding sanitary improvements therein.

District engineers shall give information to district health officers as to the existence of insanitary conditions and of any failure to comply with legal sanitary orders and regulations which may come to their knowledge.

[1487-7; Comp., 768.]

ARTICLE III

Contracts for Public Works

SECTION 1142. Letting of Contracts for Insular Works. – When any Insular public work of construction or repair involves an estimated cost of three thousand pesos or more, the contract therefor shall, except as hereinbelow provided, be awarded by the Director of Public Works to the lowest responsible bidder after publication extending over a period of at least ten days.

Publication in such case shall be effected by advertisement in a paper of general circulation in the province or city where the work is to be done, and by posting notice at the main entrance of the provincial building, if the work is to be done in a province. When there is no local paper of general circulation published in the province in question, the newspaper publication herein required may be effected, if advisable, through the medium of a Manila daily of general circulation or of any paper of general circulation published in any province. In the discretion of the Director of Public Works, publication hereunder may be made in two newspapers, one of which shall be printed in the English language and one in some other language; and nothing herein shall be construed to prevent the Director of Public Works from adopting such additional means of publication as will secure ample publicity for all invitations for bids.

When the work involves the construction or repair of a lighthouse, or of a road or trail, and in any case where the work to be accomplished is in a locality where contractors are not available or is of such character that advertising for bids would probably be fruitless, the Director of Public Works may waive the requirements of this section and, with the approval of the Secretary of Commerce and Police, may either let the contract to a private contractor or proceed to execute the work himself.

In the case of Insular public works involving an expenditure of less than three thousand pesos, it shall be discretionary with the Director of Public Works either to proceed with the work himself or to let the contract to the lowest bidder after such publication and notice as shall be deemed appropriate or as may be, by regulation, prescribed.

[584-5, 6; 888-4; 1401-5; 1752-2; 2019.]

SECTION 1143. Authority to Reject Bids. – When such course appears best to subserve the interest of the Government, the Director of Public Works may reject any or all bids for any contract subject to his award; and when all bids are rejected he may proceed to advertise anew, or with the approval of the Secretary of Commerce and Police, he may himself proceed to execute the work.

[584-6.]

SECTION 1144. Letting of Contract for Provincial Works. – Except in the case of work upon roads or trails, every provincial public work of construction or repair involving an estimated expenditure of three thousand pesos or more shall be let to the lowest responsible bidder, after public advertisement for not less than ten days in a paper of general circulation in the province, if such there be, and by notice posted for not less than ten days at the main entrance of the provincial building; but nothing herein shall be construed to prevent the giving of such further notice or making such further publication as will secure ample publicity for all invitations for bids.

Provincial work not within the purview of the preceding paragraph may be prosecuted upon provincial account or may be let without advertisement, subject to the regulations of the Bureau of Public Works.

The district engineer shall perform the duties incident to advertising for bids for provincial public works, and the letting of contracts therefor; and with the approval of the provincial board, he may reject any or all bids received, in which case he may advertise anew or, with the approval of the board, may proceed with the execution of the work upon provincial account.

[1401-5; 1752-2.]

SECTION 1145. Execution of Contracts for Public Works. – Contracts awarded by the Director of Public Works for the construction or repair of public works and improvements of any kind shall be executed on behalf of the Government by said Director, with the approval of the Secretary of Commerce and Police.

Contracts awarded by a district engineer for the construction or repair of provincial public works and improvements of any kind shall be executed on behalf of the provincial government by said engineer, with the approval of the provincial board.

Contracts awarded by a district engineer for the construction or repair of public works or improvements undertaken on account of a municipality or other local political division shall be executed by the district engineer, with the approval of the local council of the political division concerned, if any.

SECTION 1146. Bond to be Given by Contractor. – The officer charged with the duty of awarding a contract for any public work may, under the regulations of the Bureau of Public Works, require the contractor to give an adequate bond to secure the proper accomplishment of the work to be done or to secure not only the proper accomplishment of the work but also the satisfaction of obligations for materials used and labor employed upon the same.

SECTION 1147. Certificate Showing Completion of Work. – No payment, partial or final, shall be made on any public work of construction or repair without a certificate on the voucher therefor to the effect that the work for which payment is contemplated has been accomplished in accordance with the terms of the contract and has been duly inspected and accepted. Such certificate shall be signed by a duly authorized representative of the Director of Public Works having full knowledge of the facts in the case.

[1752-3; Comp., 1300.]

SECTION 1148. Discharge of Bond. – After the work has been duly accepted by the Government, any bond given by the contractor to secure the proper accomplishment of the work shall be deemed to be discharged and shall be surrendered by the Director of Public Works; but if by the terms of the bond the obligors are bound to satisfy claims for material and labor, the bond shall not be surrendered until the expiration of two months from the acceptance of the work, and if meanwhile any materialman or laborer shall give written notice to the Director of Public Works to the effect that he has a just claim against the contractor for materials used or labor employed upon the work, the bond shall not be surrendered until the claim in question shall have been satisfied or its lack of equity established. Upon any such bond the materialman or laborer, giving notice as above prescribed, shall have a legal right of action for the enforcement of his claim.

CHAPTER 34

Bureau of Coast and Geodetic Survey

SECTION 1150. Chief Official of Bureau of Coast and Geodetic Survey. – The Bureau of Coast and Geodetic Survey shall have one chief, to be known as the Director of Coast Surveys.

[1407-17; 2319-1 (Bur. C. and G. Survey).]

SECTION 1151. Functions of Bureau of Coast and Geodetic Survey. – The functions of the Bureau of Coast and Geodetic Survey shall embrace the following matters:

(a) The making of hydrographic and topographic surveys of harbors, gulfs, bays, channels, approaches, seas, navigable rivers and lakes, and other waters adjacent to the Philippine Islands or pertaining thereto.

(b) The determination and location of geographic positions to be used as points of control for the coast and interior surveys.

(c) The establishment and marking of meridian lines and the determining of the magnetic variation on such lines and the annual changes therein.

(d) The making of tidal observations and the collection and compilation of such tidal data as may be necessary for charts and predictions of tidal movements and the collection of such data concerning currents as may be required in a complete hydrographic survey.

(e) The compilation, from all available sources, of information pertaining to other surveys in or near the Philippine Islands which may be of general value, and the publication in suitable form, for the Insular Government, of topographic maps of the several islands.

(f) The collection and distribution of hydrographic and geographic information valuable to craft navigating in Philippine waters.

(g) The compilation of all available data for complete coast pilots and sailing directions for the Islands, to be issued in sections, convenient for revision and reference.

(h) The publication in Manila, so as to give early publicity to valuable information obtained, of advance editions of the charts of the coasts, of coast pilots, of notices to mariners, and such other publications relating to the geography or hydrography of the Archipelago as come within the scope of the Survey.

[Proposed plan of work, United States Coast and Geodetic Survey in Philippine Islands.]

SECTION 1152. Supervision Over Bureau. – The Bureau of Coast and Geodetic Survey shall be administered and its work performed under the direction of the Coast and Geodetic Survey of the United States; but the Director of the Bureau shall report to the Governor-General of the Philippine Islands so far as concerns the expenditure of funds furnished by the Philippine Government.

[1407-17.]

CHAPTER 35

Bureau of Posts

PRELIMINARY ARTICLE

Title of Chapter

SECTION 1155. Title of Chapter. – This chapter shall be known as the Postal Law.

ARTICLE I

Organization of Bureau

SECTION 1156. Chief Officials of Bureau of Posts. – The Bureau of Posts shall have one chief and one assistant chief, designated respectively as the Director of Posts and the Assistant Director of Posts.

[1407-15 (a, b); 2319-1 (Bur. Posts); Comp., 1320.]

SECTION 1157. General Jurisdiction of Bureau of Posts. – The Bureau of Posts shall have exclusive authority to establish, maintain and discontinue post-offices and to control all mail and postal business conducted in the Philippine Islands, as well upon the waters within the maritime jurisdiction of the Philippine Government as upon land, and it shall likewise have the exclusive control and management of all telegraph and telephone lines and service, including submarine cables and wireless installations, now or hereafter under the jurisdiction or control of the Government of the Philippine Islands.

Upon recommendation of the Director of Posts, approved by the Secretary of Commerce and Police, the Governor-General may authorize the establishment, by a provincial or municipal government or by any branch of the Insular service, of telephone lines to serve local or temporary interests, without being subject to the jurisdiction of the Bureau of Posts.

[1407-15 (a, b).]

SECTION 1158. Postal Conventions with Foreign Countries. – For the purpose of making better postal arrangements with foreign countries, or to counteract their adverse measures affecting our postal intercourse with them, the Director of Posts, with the approval of the Department head, may negotiate and conclude postal conventions, and may fix the rates of postage on mail matter conveyed between the Philippine Islands and foreign countries.

SECTION 1159. Inspection Districts of Bureau of Posts. – The Director of Posts shall divide the Philippine Islands into such number of inspection districts as may from time to time be required for administrative purposes. Each of these districts shall be in charge of an inspector of the Bureau of Posts.

SECTION 1160. Duties of Inspectors. – It shall be the duty of every inspector of the Bureau of Posts to see that the laws and regulations pertaining to said Bureau are faithfully executed and complied with, to aid in the prevention, detection and punishment of any frauds or delinquencies in connection therewith, to examine into the efficiency of all officers and employees of the Bureau and to exercise general supervision over the work of the Bureau within the particular district or along the particular lines to which he is assigned. He shall report in writing to the Director any neglect, incompetency, delinquency, or malfeasance in office of any officer or employee of the Bureau of which he may obtain knowledge, with a statement of all the facts in each case and any evidence sustaining the same.

SECTION 1161. Assignment of Inspectors to Special Duties. – Inspectors of the Bureau of Posts may be assigned to duty under the direction of any officer of the Bureau and may be assigned to special duties other than those of inspector proper. Any officer or employee of the Bureau may be assigned to the duties of inspector without change of his official character or salary, and when so assigned, may exercise any power or perform any act which might be exercised or performed by a regularly appointed inspector of the Bureau.

SECTION 1162. Authority of Officers of Bureau to Make Arrests and Seizures. – The Director of Posts, the Assistant Director of Posts, and inspectors of the Bureau of Posts shall have authority to make seizures under the Postal Law and to make arrests in flagrante for violations of the penal provisions connected therewith, or upon warrant, subject in all respects to the same restrictions as prevail in regard to arrests by peace officers in general.

SECTION 1163. Authority to Make Searches on Land. – The Director of Posts, the Assistant Director of Posts, and inspectors of the Bureau of Posts may make searches for mailable matter transported in violation of law; and in so doing may open and search any car or vehicle passing, or having lately before passed, from any place at which there is a post office to any other such place, or any box, package, or packet, being, or having lately before been, in such car or vehicle, or any store or house, other than a dwelling house, used or occupied by any common carrier or transportation company, in which such box, package, or packet may be contained, whenever such agent or officer has reason to believe that mailable matter, transported contrary to law, may therein be found.

SECTION 1164. Searches and Seizures on Board Vessels. – Any officer or employee of the Bureau of Posts when instructed by the Director to make examinations and seizures, and the collector or other customs officer of any port without special instruction, shall carefully search all vessels for letters which may be on board or which have been conveyed contrary to law.

SECTION 1165. Authority of Officers to Administer Oaths and Take Testimony. – The Director of Posts, the Assistant Director of Posts, chiefs of divisions, and inspectors of the Bureau of Posts may administer oaths and take testimony in any official business or investigation conducted by them touching matters within the jurisdiction of the Bureau.

SECTION 1166. Appointment of Civil-Service Employee to Position of Postmaster. – To facilitate the establishment of post offices at places where it is not practicable to secure suitable persons not in the public service for appointment as postmaster, the Director of Posts is authorized to appoint as postmaster persons employed in other branches of the civil service, with the approval of the head of the Department or Departments in which such persons are employed. A person in the public service who may be thus appointed shall, in addition to his salary in the branch of the service in which he is employed, receive the compensation provided for such postal service.

[181-4.]

SECTION 1167. Postmaster Serving without Compensation at Army Post. – When the commanding general of the Philippine Department shall request that a post office be opened at an Army post where it is not feasible to establish such an office on an independent footing, the Director of Posts may, nevertheless, there establish a post office, provided a person in the military service is designated to act as postmaster without compensation and without allowance for rent, light, or furniture.

[181-7.]

SECTION 1168. Officers and Employees Not to Receive Fees. – No person employed in the postal service shall receive any fees or perquisite on account of the performance of official duties.

SECTION 1169. Fixing of Postal Rates and Charges. – The rates and manner of collection of postage, registry fees, special delivery charges, money order fees, telegraphic transfer fees, and charges for the transmission of messages by telegraph, telephone, or wireless telegraphy shall be prescribed by the Director of Posts with the approval of the Department head, subject to the limitations contained in this chapter.

[See 1476-1, 2.]

SECTION 1170. Compensation Allowance for Overtime Work. – When necessary service beyond office hours or upon a holiday is rendered by an employee of the Bureau of Posts upon requirement of the Director of Posts, an equal amount of time may be allowed him on a regular work day, but no accumulation of such time shall be allowed for vacation purposes.

SECTION 1171. Uniform for Employees of Bureau. – The Director of Posts may prescribe a uniform to be worn by any particular class of employees of the Bureau of Posts.

ARTICLE II

Mail Matter

SECTION 1172. Classes of Mail Matter. – Mail matter is divided into three classes, viz:

(a) First-class mail matter, which includes letters, postal cards and all other matter wholly or partly in writing (except as hereinafter specially provided), or which is sealed or otherwise closed against inspection, or which is not wrapped and packed as prescribed by the regulations of the Bureau of Posts for matter of the class to which it would otherwise belong.

(b) Second-class mail matter, which includes all newspapers and other publications, within the conditions named in the next succeeding section hereof.

(c) Third-class mail matter, which includes all matter not declared nonmailable by law or regulation, the same not being included in the first or second class.

SECTION 1173. Conditions for Admission of Publications to Second Class. – The conditions upon which a publication shall be admitted to the second class are as follows:

(a) It must be issued at stated intervals, as frequently as four times a year, and bear a date of issue, and be numbered consecutively.

(b) It must be issued from a known office of publication.

(c) It must be formed of printed paper sheets, without board, cloth, leather, or other substantial binding, such as distinguish printed books for preservation from periodical publications.

(d) It must be originated and published for the dissemination of information of a public character, or devoted to literature, the sciences, arts, or some special industry, and have a legitimate list of subscribers.

(e) It must be sent by the publisher thereof, and from the office of publication, or from a news agency to actual subscribers thereto, or to other news agents.

Nothing in this section contained shall be so construed as to admit to the second-class rate regular publications, designed primarily for advertising purposes, or for free circulation, or for circulation at nominal rates.

Publishers of matter of the second class may, without subjecting it to extra postage, fold within any regular issue a supplement; but in all cases the added matter must be germane to the publication which it supplements, that is to say, matter supplied in order to complete that to which it is added or supplements, but omitted from the regular issue for want of space, time or greater convenience, and such supplement must in every case be issued with the publication, and bear the title and date of the publication which it supplements and its pages be numbered consecutively.

SECTION 1174. Writing in or on Second-Class Matter. – Mailable matter of the second class shall contain no writing, print, or sign thereon or therein in addition to the original print, except as herein provided, to wit: The name and address of the person to whom the matter shall be sent, index figures of subscription book either printed or written, the printed title of the publication and the place of its publication, the printed or written name and address, without addition of advertisement, of the publisher or sender, or both, and written or printed words or figures, or both, indicating the date on which the subscription to such matter will end, the correction of any typographical error, a mark (except by written or printed words) to designate a word or passage to which it is desired to call attention; the words “sample copy” when the matter is sent as such, the words “marked copy” when the matter contains a marked item or article. And publishers or news agents may inclose in their publications bills, receipts, and orders for subscriptions thereto, but the same shall be in such form as to convey no other information than the name, place of publication, subscription price of the publication to which they refer, and the subscription due thereon.

SECTION 1175. Writing in or on Third-Class Matter. – Upon matter of the third class or upon the wrapper or envelope inclosing the same, or the tag or label attached thereto the sender may write his own name, occupation, and residence or business address, preceded by the word “from”, and may make marks other than by written or printed words to call attention to any word or passage in the text, and may correct any typographical errors. There may be placed upon the blank leaves or cover of any book or printed matter of the third class a simple manuscript dedication or inscription not of the nature of a personal correspondence. Upon the wrapper or envelope of third class matter or the tag or label attached thereto may be printed any matter mailable as third class, but there must be left on the address side a space sufficient for a legible address and necessary stamps.

There may also be placed on the mail matter of the third class or on the package, wrapper, or envelope inclosing same, or on a tag or label attached thereto, either in writing or otherwise, the words “Please do not open until Christmas”, or words to that effect.

SECTION 1176. What is Included in Address. – In all cases directions for transmission, delivery, forwarding, or return shall be deemed part of the address.

SECTION 1177. Printed Matter to be Dried and Wrapped. – No printed matter shall be received to be conveyed by mail unless it is sufficiently dried and inclosed in proper wrappers.

SECTION 1178. Definition of “Printed Matter.” – “Printed matter” within the intendment hereof is the reproduction upon paper, by any process except that of handwriting, of any words, letters, characters, figures, or images, or of any combination thereof, not having the character of an actual and personal correspondence.

SECTION 1179. Opening of First-Class Mail Matter. – When first-class mail matter is found to be undeliverable by reason of the insufficiency or inaccuracy of the address on the outside of the envelope or wrapper or by reason of the failure of the addressee to call for the matter, if held subject to call, it may be opened at the dead-letter office of the Bureau of Posts by an employee of the Bureau thereunto duly authorized by the Director. A letter addressed to a person in the United States may likewise be opened if deposited in the mail without the prepayment thereon of one full rate of postage. But matter with a sufficient return address, shall not be thus opened until returned to such address, with like inability to deliver the same to the sender, and a letter bearing the card of a hotel, school, college or other public institution or office printed on the envelope, shall not be returned unless the card includes a printed or written request for return. The period during which undelivered letters shall remain in any post office before being forwarded to the dead-letter office shall be prescribed by regulation.

Save as provided in the preceding paragraph, no person other than the addressee or sender, or the duly authorized agent of such, shall open or break the seal of any envelope or wrapper containing mailable first-class matter; and nothing in this chapter contained shall be deemed to authorize the opening of any such matter except as in this section provided.

SECTION 1180. Examination of Second and Third Class Mail Matter. – Any envelope, package, or wrapper containing matter of the second or third class may be examined at the office of mailing, and shall be charged with postage at the highest rate to which any of the inclosed matter is subject, but nothing herein contained shall be so construed as to prohibit the insertion in periodicals of advertisements attached permanently to the same.

SECTION 1181. Absolutely Nonmailable Matter. – No matter belonging to any of the following classes, whether sealed as first-class matter or not, shall be imported into the Philippine Islands through the mails, or be deposited in or carried by the mails of the Philippine Islands, or be delivered to its addressee by any officer or employee of the Bureau of Posts:

(a) Written or printed matter in any form advertising, describing, or in any manner pertaining to, or conveying or purporting to convey any information concerning any lottery, gift enterprise or similar scheme depending in whole or in part upon lot or chance, or any scheme, device, or enterprise for obtaining any money or property of any kind by means of false or fraudulent pretenses, representations, or promises.

(b) Written or printed matter in any form containing scurrilous libels against the Government of the United States or the Government of the Philippine Islands, or containing any statement which tends to disturb or obstruct any lawful officer in executing his office or in performing his duty, or which tends to instigate others to cabal or meet together for unlawful purposes, or which suggests or incites rebellious conspiracies or tends to disturb the peace of the community or to stir up the people against the lawful authorities.

(c) Articles, instruments, drugs, and substances designed, intended, or adapted for preventing conception or producing abortion, or for any indecent or immoral use, or which are advertised or described in a manner calculated to lead another to use or apply them for preventing conception or producing abortion, or for any indecent or immoral purpose.

(d) Written or printed matter and photographs, engravings, lithographs, and other representations of an obscene, lewd, lascivious, filthy, indecent, or libelous character, including all such matter which advertises or describes or gives, directly or indirectly, information where, how, from whom, or by what means any article, instrument, drug, or substance enumerated in the preceding subsection hereof may be obtained or made, or where or by whom any act or operation of any kind for the procuring or producing of abortion will be done or performed, or how or by what means conception may be prevented or abortion produced.

(e) Live or dead animals (dried-stuffed animals excepted), insects and reptiles, explosives, inflammable materials, infernal machines, mechanical, chemical or other devices and compositions which may ignite or explode, all disease germs and scabs, and all other natural or artificial articles, compositions and materials, which may hurt, harm, or injure another, or damage, deface, or otherwise injure the mails or other property.

(f) Spirituous, vinous, malted, fermented, or other intoxicating liquors of any kind.

(g) Any other matter which by law or treaty stipulation is absolutely debarred from transmission in the mails.

SECTION 1182. Matter Unmailable Under Certain Conditions. – Matter otherwise of a mailable character may be unmailable for failure to comply with the conditions requisite for transmission through the mails or for the carriage of which the Bureau of Posts has no adequate facilities.

SECTION 1183. Disposition of Nonmailable Matter. – All matter which is absolutely nonmailable by reason of its nature and which is deposited in any post office for transmission or delivery by mail, shall be forfeited to the Government.

Matter unmailable under section one thousand one hundred and eighty-two, above, when deposited in any post office for transmission or delivery by mail, shall be returned to the person who so deposited it if his identity is known or can be ascertained, but shall not be forwarded or delivered to its addressee.

SECTION 1184. Classes of Mail Matter which shall be Transmitted Free of Charge. – Official mail of officers of the United States Government, addressed for delivery in the Philippines, in the United States or any of its possessions, or at any United States postal agency, shall be received, transmitted, and delivered in the mails of the Philippine Islands free of ordinary postal charges when the outside envelope or wrapper thereof bears, over the words “Official Business”, the name of the Department, and if it is from a Bureau or Office, the name of such Bureau or Office, from whence transmitted, with the signature of the officer who offers it for transmission and a statement of the penalty for the misuse of such envelope or wrapper to avoid the payment of postage on nonofficial matter. This privilege shall not extend to any Department, Bureau, or Office of the Government of the Philippine Islands, except the Bureau of Posts.

SECTION 1185. Disposition of Dead Letters and Valuable Inclosures Therein. – Dead letters containing valuable inclosures shall be recorded in the dead-letter office; and when they cannot be delivered to the party addressed nor to the writer, the contents thereof shall be disposed of, and a careful account shall be kept of the amount realized in each case, which shall be subject to reclamation by either the party addressed or the sender, for four years from the recording thereof after which it shall become a part of the postal revenues. All dead letters and other mail matter not valuable which cannot be delivered to either addressee or sender shall be destroyed in the manner prescribed by the regulations of the Bureau.

SECTION 1186. Disposition of Undelivered Matter of the Second and Third Classes. – Second and third class mail matter shall not be returned to sender or remailed until the return postage has been fully prepaid on the same; but in all cases where undelivered matter of these classes is of obvious value, the sender, if known, shall be notified of the fact of nondelivery, and be given an opportunity to prepay the return postage.

SECTION 1187. Special Delivery. – Mailable matter upon which a special-delivery stamp shall be duly affixed in addition to the lawful postage thereon shall be entitled to immediate delivery within two kilometers of the post office to which addressed or within such greater limits as may be fixed by the Director.

When in addition to the stamps required to transmit any letter or package of mail matter through the mails, there shall be attached to the envelope or wrapper ordinary stamps of any denomination to the value of twenty centavos, with the words “special delivery” or their equivalent written or printed on the envelope or wrapper, under such regulations as the Director of Posts may prescribe, the said package shall be handled, transmitted, and delivered in all respects as though it bore a regulation special-delivery stamp.

SECTION 1188. Insufficient Postage on Special-Delivery Letters. – The omission by the sender to place the ordinary postage required upon a letter bearing such special-delivery stamp and otherwise entitled to immediate delivery shall not hinder or delay the transmission and delivery thereof, but such postage shall be collected upon its delivery, in the manner provided for the collection of deficient postage resulting from the overweight of letters.

ARTICLE III

Registration of Mail Matter

SECTION 1189. Establishment of Registry System. – For the greater security of valuable mail matter the Director of Posts shall establish a uniform system of registration, under regulations approved by the Department head. As a part of such system of registration he may, in his discretion, provide rules under which the senders or owners of registered matter may be indemnified for losses thereof in the mails, the indemnity to be paid out of postal revenues, but in no case to exceed one hundred pesos for any registered piece, or the actual value thereof when that is less than one hundred pesos, and for which no other compensation or reimbursement to the loser has been made.

SECTION 1190. Manner of Registering Mail Matter and Paying Registry Fees. – Mail matter shall be registered only on the application of the party posting the same, and the fee therefor shall not exceed forty centavos in addition to the regular postage. Letters upon the official business of the Bureau of Posts which require registering shall be registered free of charge; but with this exception the registry fee must be fully prepaid in all cases by means of postage stamps affixed to the envelope or wrapper.

SECTION 1191. Registry Receipts. – When the sender shall so request, a receipt shall be taken on the delivery of any registered mail matter, showing to whom and when the same was delivered, which receipt shall be returned to the sender.

ARTICLE IV

Postal Money Orders

SECTION 1192. Money-Order System. – To promote public convenience, and to insure greater security in the transfer of money through the mail, the Director of Posts shall establish and maintain, subject to the regulations of the Bureau of Posts, a uniform money-order system, at all suitable post offices, which shall be designated as “money-order offices”. The fees collected for such service shall be accounted for separately from the other revenues of the Bureau.

SECTION 1193. Telegraphic Transfers. – Provision may likewise be made, for the convenience of the public, for the telegraphic transfer of funds between places in the Philippine Islands having telegraphic offices conducted by the Bureau of Posts. The maximum amount which may be thus transferred directly or indirectly, and payable to the same person, corporation or firm, shall be two thousand pesos Philippine currency, upon any one day.

[1851-1, 2.]

SECTION 1194. Extension of Money-Order System to Other Countries. – The Director of Posts may, with the approval of the Department head, extend the money-order service to other countries and places at rates and on conditions determined by him.

SECTION 1195. Money-Order Accounts and Transfers. – Money-order accounts shall be rendered as often as required by the Auditor. Transfers of money from postal receipts to money-order funds, or vice versa, may be made by the Postmaster, under such regulations as the Auditor may prescribe, when his receipts from the sale of money orders are insufficient to pay the orders drawn upon his office, or when the postal revenues are insufficient to meet immediately the authorized expenditures of his office.

[1792-48.]

SECTION 1196. Fees for Money Orders. – Until different rates are prescribed in accordance with section eleven hundred and sixty-nine hereof, the fees charged for money orders shall be as in this section provided. The rate of fees chargeable on money orders issued from any post office in the Philippine Islands payable at the same or any other post office in the Philippine Islands shall be as follows:

For orders for sums not exceeding five pesos Philippine currency, ten centavos Philippine currency; over five pesos and not exceeding ten pesos Philippine currency, fourteen centavos Philippine currency; over ten pesos and not exceeding twenty pesos Philippine currency, twenty centavos Philippine currency; over twenty pesos and not exceeding forty pesos Philippine currency, twenty-four centavos Philippine currency; over forty pesos and not exceeding sixty pesos Philippine currency, twenty-eight centavos Philippine currency; over sixty pesos and not exceeding eighty pesos Philippine currency, thirty-four centavos Philippine currency; over eighty pesos and not exceeding one hundred pesos Philippine currency, forty centavos Philippine currency; over one hundred pesos and not exceeding one hundred and twenty pesos Philippine currency, forty-four centavos Philippine currency; over one hundred and twenty pesos and not exceeding one hundred and fifty pesos Philippine currency, fifty-four centavos Philippine currency; over one hundred and fifty pesos and not exceeding two hundred pesos Philippine currency, sixty-four centavos Philippine currency.

Orders issued in United States currency payable in the Philippine Islands may be issued in corresponding amounts at corresponding rates.

[1476-1; Comp., 1347.]

The rate of fees chargeable on money orders issued from any post office in the Philippine Islands payable at any post office in the United States (including Hawaii, Puerto Rico, Guam, Tutuila, Samoa, and the United States Postal Agency at Shanghai, China), British Guiana, Canada, Cuba, Newfoundland, and the following islands in the West Indies: Antigua, Barbados, Dominica, Grenada, Jamaica, Montserrat, Nevis, St. Kitts, St. Lucia, Saint Vincent, Tortola (Virgin Islands), and Virgin Gorda (Virgin Islands), shall be as follows:

For orders for sums not exceeding two dollars and fifty cents United States currency, ten centavos Philippine currency; over two dollars and fifty cents and not exceeding five dollars United States currency, fourteen centavos Philippine currency; over five dollars and not exceeding ten dollars United States currency, twenty centavos Philippine currency; over ten dollars and not exceeding twenty dollars United States currency, thirty-two centavos Philippine currency; over twenty dollars and not exceeding thirty dollars United States currency, forty-eight centavos Philippine currency; over thirty dollars and not exceeding forty dollars United States currency, sixty-two centavos Philippine currency; over forty dollars and not exceeding fifty dollars United States currency, seventy-six centavos Philippine currency; over fifty dollars and not exceeding sixty dollars United States currency, ninety centavos Philippine currency; over sixty dollars and not exceeding seventy-five dollars United States currency, one peso and sixteen centavos Philippine currency; over seventy-five dollars and not exceeding one hundred dollars United States currency, one peso and fifty centavos Philippine currency.

[1476-2; Comp., 1348.]

SECTION 1197. Maximum Amount Payable by Money Order. – No money order shall be issued for a greater sum than two hundred pesos Philippine currency, or one hundred dollars United States currency, and no postmaster shall directly or indirectly sell more than ten money orders in one day to one party payable to the same person outside of the Philippine Islands.

[1476-3.]

SECTION 1198. Indorsement of Money Order – Waiver of Identification. – More than one indorsement of a money order shall not be permitted; and no money order shall be issued conditioned that the identification of the payee, indorsee, or attorney shall be waived.

SECTION 1199. Repayment of Money Orders. – The postmaster issuing a money order shall repay the amount of it upon the application of the person who obtained it and the return of the order; but the fee for it shall not be returned.

SECTION 1200. Payment of Money Order After One Year from Date of Issue. – Domestic money orders shall not be paid at the offices upon which they are drawn, or at the offices of issue, after one year from the last day of the month of issue of such money orders; but such money orders shall be sent to the Director of Posts and shall be paid by warrant.

SECTION 1201. Issue of Duplicates of Lost Money Orders. – When a money order has been lost, within one year from the last day of the month of issue the Director of Posts, upon the application of the remitter, payee, or indorsee, may cause a duplicate to be issued provided the person losing the original shall furnish a certificate from the postmaster by whom it was payable that it has not been, and will not thereafter be paid; and a similar certificate from the postmaster by whom it was issued that it has not been, and will not thereafter be repaid.

SECTION 1202. Payment of Lost Money Order After One Year from Date of Issue. – When a money order, which has not been paid within one year from the last day of the month of issue, has been lost, the Director of Posts, upon the application of the remitter, payee, or indorsee, shall issue a warrant for the payment thereof, as provided in the next preceding section hereof upon evidence satisfactory to the Director that the order has not been paid.

SECTION 1203. Fund For Payment of Stale Money Orders. – The proceeds of unredeemed money orders more than one year old shall be transferred once a year to a fund to be known as the stale money-order fund against which warrants may be drawn for the satisfaction of claims arising upon the same orders.

When an order remains unpaid for three years, so much of the stale money-order fund as corresponds to said order shall be subject to be covered into the unappropriated surplus and all moneys accruing from such orders may be so transferred once a year. If at any time thereafter application should be made for the payment of any such order, so much as was paid into the unappropriated surplus as its proceeds shall be subject to be returned, if necessary, to the stale money-order fund to meet the obligation in question.

ARTICLE V

Carriage of Mails

SECTION 1204. Carriage of Letter Mail. – The business of carrying letter mail is a Government monopoly, and no person shall engage therein except as hereinafter provided; but nothing herein shall be deemed to prohibit the conveyance or transmission of letters or packets by private means between places where the Government does not provide for the carriage of mails.

SECTION 1205. Letters in Official Stamped Envelopes. – All letters inclosed in official stamped envelopes, if the postage stamp is of a denomination sufficient to cover the postage that would be chargeable thereon if the same were sent by mail, may be sent, conveyed, and delivered otherwise than by mail, provided such envelope shall be duly directed and properly sealed, so that the letter cannot be taken therefrom without defacing the envelope, and the date of the letter or of the transmission or receipt thereof shall be written or stamped upon the envelope. But the Director of Posts may suspend the operation of this section upon any mail route where the public interest may so require.

SECTION 1206. Forfeiture for Illegal Carriage of Mail. – Every letter illegally transported, or concealed for the purpose of being illegally transported, and every package, bag, box, or parcel in which any such letter is so concealed, shall be forfeited to the Government.

SECTION 1207. Carriage of Mails Between Post Offices. – The Director of Posts shall provide by contract or otherwise, for the carriage of the mails between post offices in the Philippine Islands and between the Philippine Islands and the United States and foreign countries, in such manner and with such frequency as shall appear to him proper.

SECTION 1208. Employees Not to be Interested in Mail Contracts. – No employee of the Bureau of Posts shall be a contractor or concerned in any contract for carrying the mail.

ARTICLE VI

Telegraph, Cable, and Wireless Service

SECTION 1209. Commercial Telegraph Business. – All telegraph lines, wireless stations, and cables under the control of the Bureau of Posts shall be open to the public for the transmission of telegrams, subject to the regulations of the Bureau of Posts. Only official telegrams of the Bureau of Posts shall be transmitted free of charge.

“Telegram”, as herein used, includes any written or printed message or communication transmitted or delivered for transmission by telegraph, cable, or wireless telegraphy.

SECTION 1210. Improper Divulgence of Contents of Telegram. – No officer or employee of the Bureau of Posts shall divulge to any unauthorized person the contents or purport of any telegram, knowledge of which shall have come to him by reason of his connection with said Bureau, nor shall he knowingly or negligently deliver a telegram to any one not authorized to receive the same.

SECTION 1211. Inhibition Against Sending of False Telegram. – No person shall file for transmission by the Bureau of Posts any message which purports to be signed by any person other than its actual sender, nor shall any person engaged in the service of transmitting telegrams in the Philippine Islands knowingly send, transmit, or deliver any such message.

ARTICLE VII

Administrative Remedies

SECTION 1212. Fraud Orders. – Upon satisfactory evidence that any person or company is engaged in conducting any lottery, gift enterprise, or scheme for the distribution of money, or of any real or personal property by lot, chance, or drawing of any kind, or that any person or company is conducting any scheme, device, or enterprise for obtaining money or property of any kind through the mails by means of false or fraudulent pretenses, representations, or promises, the Director of Posts may instruct any postmaster or other officer or employee of the Bureau to return to the person depositing same in the mails, with the word “fraudulent” plainly written or stamped upon the outside cover thereof, any mail matter of whatever class mailed by or addressed to such person or company or the representative or agent of such person or company. The public advertisement by the person or company conducting such lottery, enterprise, scheme, or device, that remittances for the same may be made by registered letters to any other person, firm, bank, corporation or association named therein shall be held to be prima facie evidence of the existence of said agency by all the parties named therein, but the Director of Posts shall not be precluded from ascertaining the existence of such agency in any other lawful manner satisfactory to himself.

SECTION 1213. Deprivation of Use of Money-Order System. – The Director of Posts may, upon evidence satisfactory to him that any person or company is engaged in conducting any lottery, gift enterprise, or scheme for the distribution of money, or of any real or personal property by lot, chance, or drawing of any kind, or that any person or company is conducting any scheme, device, or enterprise for obtaining money or property of any kind through the mails by means of false or fraudulent pretenses, representations, or promises, forbid the issue or payment by any postmaster of any postal money order to said person or company or to the agent of any such person or company, whether such agent is acting as an individual or as a firm, bank, corporation, or association of any kind and may provide by regulation for the return to the remitters of the sums named in money orders drawn in favor of such person or company or its agent. The public advertisement by such person or company so conducting any such lottery, enterprise, scheme, or device, that remittances for the same may be made by means of postal money orders to any other person, firm, bank, corporation, or association named therein shall be held to be prima facie evidence of the existence of said agency by all the parties named therein; but the Director shall not be precluded from ascertaining the existence of such agency in any other lawful manner.

SECTION 1214. Destruction of Certain Forfeited Matter. – When any article which is dangerous to be kept or handled or which is devoid of value or incapable of legitimate use is forfeited under the provisions of this chapter, it may upon seizure be forthwith destroyed.

SECTION 1215. Notice of Seizure. – In case of the seizure of a forfeited article which is of value and capable of legitimate use, notice shall be given to the owner or sender if known.

ARTICLE VIII

Postal Savings Bank

SECTION 1216. Philippine Postal Savings Bank. – To provide facilities for the safe investment of the savings of the people of the Philippine Islands and for other purposes, there shall be maintained as a division of the Bureau of Posts an institution to be known as the Philippine Postal Savings Bank, hereinafter referred to as the bank.

[1493-1, 2.]

SECTION 1217. Authority of Bank. – The bank shall have authority to receive, invest, loan, pay out, and otherwise dispose of sums of money and other valuable things, to receive and pay out interest and other charges therefor and to conduct and transact any other business incidental to the operation of a savings bank.

SECTION 1218. Location of Bank. – The central office of the Philippine Postal Savings Bank shall be in Manila and the Director of Posts shall establish, maintain, and discontinue postal savings banks and branches thereof in such places as he shall deem proper.

[1493-6.]

SECTION 1219. Postal Savings Bank Board. – The postal savings bank board, hereinafter referred to as the board, shall consist of the Secretary of Commerce and Police, who shall be chairman of the board; the Secretary of Finance and Justice, who shall be first vice-chairman of the board; the Director of Posts, who shall be second vice-chairman of the board; the Insular Treasurer; and a business man appointed by the Governor-General. The superintendent, postal savings bank division, shall be the secretary of the board.

[1493-18 (a).]

SECTION 1220. Duties of Board. – It shall be the duty of the board to invest the funds of the bank as provided herein, to fix the rates of interest on loans and deposits, and to perform such other duties as the proper investment and administration of the assets of the bank shall require.

[1493-18 (a).]

SECTION 1221. Authority of Chairman and Secretary to Sign for Board. – The chairman of the board, and in his absence the first or second vice-chairman, and the secretary of the board, shall, by direction of the board, execute necessary papers for the release, sale, or transfer of investments, securities, lands, buildings and other property acquired as herein provided.

SECTION 1222. Duties of Chief of Division. – The superintendent, postal savings bank division shall, under the direction of the Director of Posts, have immediate supervision over all matters pertaining to the bank. He shall keep a separate set of books dealing solely with the operations of the bank, and make monthly and annual statements thereof to the Director of Posts and the chairman of the board and perform such other duties as the Director of Posts may require.

[1493-2 (a).]

SECTION 1223. Guaranty to Depositor. – The Philippine Government guarantees to return to each depositor all money, with the interest accrued thereon, deposited by him in the bank in accordance with law.

SECTION 1224. Deposits Not Subject to Taxation. – No deposit shall be subject to taxation by the Philippine Government or by any provincial or municipal government.

[1493-17.]

SECTION 1225. Deposits Not Liable to Attachment. – Deposits which do not aggregate more than five hundred pesos shall not be liable to attachment upon mesne process in any case except where the cause of action is founded on fraud.

[1493-17 (c).]

SECTION 1226. Deposit Books and Certificates Not Valid as Security. – No deposit book, certificate of deposit, or other evidence of deposit in the bank shall be used as security for loan, debt, or obligation of any kind except certificates for guaranty deposits which shall be used only for the specific purpose for which they are issued.

[1493-17 (b).]

When it appears that a deposit book or other evidence of deposit is being held as security contrary to law, the Director of Posts shall have authority to seize such deposit book or other evidence of deposit and restore it to the owner or to declare such deposit book or other evidence of deposit null and void, and to issue a duplicate thereof to the lawful owner.

SECTION 1227. Secrecy of Bank Accounts. – No person connected with the Bureau of Posts shall give any information regarding bank transactions to any person not authorized by law to receive such information.

SECTION 1228. Right of Bank to Delay Repayment of Deposits. – The bank reserves the right to delay the repayment of any deposit for a period not exceeding thirty days in addition to the time required to secure the approval of the central office.

[1493-14 (b).]

SECTION 1229. Classification of Banks. – Banks shall be divided into three classes, to wit:

(a) First-class banks, which may receive deposits in any amount over one peso.

(b) Second-class banks, which shall not receive deposits aggregating more than five hundred pesos for the credit of one account in the same calendar month.

(c) Third-class banks, which shall not receive deposits aggregating more than one hundred pesos for the credit of one account in the same calendar month.

[1493-6 (c, d, e).]

SECTION 1230. Classification of Accounts. – Depositors’ accounts in the bank shall consist of general savings accounts and special-deposit accounts and shall be accepted for deposits and withdrawals at all postal savings bank without regard to the bank of origin.

General savings accounts shall include personal, parental, guardianship, and society accounts.

Special-deposit accounts shall include specified guarantee, time deposit, annuity, and all accounts not otherwise provided for.

[1493-3 (b, c), 6 (f).]

SECTION 1231. Deposit Books. – Deposit books or other evidences of deposit, in such form as the Director of Posts shall prescribe, shall be loaned free to all depositors in the bank, but shall remain the property of the bank, to be returned when the accounts are closed or upon demand of the Director of Posts.

[1493-8.]

SECTION 1232. Dormant Accounts. – Any bank account upon which there has been no deposit, withdrawal, or other transaction at the request of the depositor for ten years after the end of the fiscal year in which the account was opened, or for ten years after a stipulated period named in the application when the account was opened, shall thereafter become a dormant account.

[1493-10 (g).]

SECTION 1233. Issue of Duplicate Deposit Books. – Whenever it shall be shown to the satisfaction of the Director of Posts that any deposit book, certificate, or other evidence of deposit in the bank, has been lost, destroyed, or stolen, or is being unlawfully detained by any person, he may issue a duplicate thereof which shall be valid for all purposes and the original shall thereupon be void.

SECTION 1234. Minimum Account. – No account shall be permitted for a sum less than one peso.

[1493-6 (g).]

SECTION 1235. Transfer of Balances. – Balances in the bank shall not be transferred from one account to another account, except upon written order of the Director of Posts.

SECTION 1236. Failure of Depositor to Comply with Regulations. – When it shall appear that the owner of an account habitually fails to observe or disregards the Postal Savings Bank Law or regulations, the Director of Posts shall have authority to call in and cancel such account and pay to the owner the amount due him at that time.

SECTION 1237. Who May Open Accounts. – Any person over six years of age and not suffering under legal disability other than minority, may have one personal savings account, provided no parental or guardianship account is open in the same person’s name, but no such account may be opened or maintained in the names of two or more persons jointly, or in the name of any commercial firm or corporation. Personal accounts shall remain in the exclusive control of their owners regardless of the minority or marriage relations of the latter.

[1493-3 (a).]

SECTION 1238. Parental and Guardianship Accounts. – Any father or mother (but not both) may have one parental savings account for each of his or her minor children who has not already a personal account. A parental account shall remain under the exclusive control of the parent until the minor reaches legal age, when exclusive control passes to him.

Any guardian, trustee, or administrator may have one guardianship savings account for each person or estate legally committed to his care, upon first securing written permission from the Director of Posts.

[1493-3 (b).]

SECTION 1239. Accounts of Charitable or Benevolent Societies. – Any charitable or benevolent society or other organization not engaged in a commercial enterprise for profit may have one society savings account, upon first securing written permission from the Director of Posts.

[1493-3 (c).]

SECTION 1240. Limitation on Number of Accounts in Name of One Person. – No person or society shall have more than one savings account in the bank at the same time; but this shall not prevent any person from having parental or guardianship accounts for others nor shall it prevent any person from having an interest in any number of society accounts or from having any number of special-deposit accounts which may be permitted by the bank regulations.

[1493-4; 1811-1.]

SECTION 1241. Information to be Furnished by Depositors. – Applicants for bank accounts shall furnish the statistical information required before an account shall be opened for them.

[1493-5; 1811-2.]

SECTION 1242. Special-Deposit Accounts. – Special deposits for specific purposes may be opened by such persons and with such limitations as may be prescribed in the bank regulations.

[1493-3 (c), 4; 1811-2.]

SECTION 1243. Savings Stamps and Cards. – To facilitate deposits of small savings there shall be issued and placed on sale at all banks and other places designated by the Director of Posts, postal savings bank stamps, hereinafter referred to as savings stamps, of suitable denominations.

Savings-stamp cards shall be furnished free to purchasers of such stamps. Any stamp-card filled with stamps to the value of one peso shall be accepted as cash for deposit at any bank.

Postmasters and other employees to whom they are intrusted shall be charged with the same responsibility for savings stamps as for money.

Savings stamps once sold shall not be redeemed for cash nor exchanged for postage stamps.

[1493-9.]

SECTION 1244. Amount and Frequency of Deposits. – Deposits of not less than one peso, nor oftener than once each day for the credit of the same account, shall be accepted at any bank.

[1493-6 (g).]

SECTION 1245. Deposit Books and Receipts. – For each deposit made the depositor shall receive such evidence of deposit as may be provided by the regulations of the bank.

Unless otherwise provided by regulations, no deposit for the credit of any account, except an initial deposit made to open an account, shall be received at any bank unless the deposit book or other evidence of former deposits is presented at the time the deposit is made.

Deposit books and receipts shall be accountable forms, for which postmasters and other employees shall be held responsible as such.

[1493-8.]

SECTION 1246. Amount and Frequency of Withdrawals. – Withdrawals of not less than one peso may be made from each general savings account not oftener than three times, including a withdrawal to close the account, in one calendar month.

Withdrawals from special-deposit accounts may be made only in accordance with the regulations of the bank.

[1493-7, 13, 14.]

SECTION 1247. Procedure for Making Withdrawals. – For each withdrawal an application shall be submitted to the Director of Posts, who shall, upon finding the application correct and there being sufficient funds to the credit of the applicant, authorize the payment of the withdrawal to the applicant, who shall receipt for the amount paid.

[1493-13.]

SECTION 1248. Withdrawals by Telegraph. – Withdrawals may be requested and authorized by telegraph upon payment of the telegraph charges by the applicant.

[1493-13.]

SECTION 1249. Special Withdrawals. – The Director of Posts may, by regulation, provide that withdrawals not in excess of a specified amount may, in his discretion and upon his personal responsibility, be paid by any postmaster without first receiving authority for such payment from the central office.

In any such case credit shall not be claimed by the postmaster for the advance payment of a withdrawal until same shall have been approved by the Director of Posts. If the payment shall be disallowed, the postmaster shall immediately replace the amount paid in the bank funds. If the amount cannot afterwards be recovered from the depositor, the loss shall be borne by the postmaster.

SECTION 1250. Closing Accounts. – Each application to withdraw the entire balance of an account shall be accompanied by the proper deposit book or other evidence of deposit.

[1493-15.]

SECTION 1251. Rate of Interest on Deposits. – Interest shall be allowed on deposits in the bank at the rate of two and one-half per centum per annum or at such other rate as may be authorized by the board at the beginning of any calendar year.

[1493-10]

SECTION 1252. Time and Manner of Computing Interest. – Interest on a regular savings account shall be computed annually upon the lowest monthly balance during each calendar month the amount remains on deposit, and shall be placed to the credit of the depositor’s account in the central office and thereafter draw interest.

Interest shall be allowed only for the time the amount is of record as a deposit in the central office, and no interest shall be computed upon fractions of a peso.

Interest on special-deposit accounts shall be computed in accordance with the regulations of the bank.

[1493-10.]

SECTION 1253. Accounts Not to Draw Interest. – No interest shall be allowed on dormant accounts, nor on money to the credit of any depositor in excess of one thousand pesos in addition to the amount represented by firearms certificates of deposit, except that deposits made by charitable or benevolent societies, as provided in section twelve hundred and thirty-nine, not in excess of two thousand pesos shall bear interest.

[1493-10 (b, g).]

SECTION 1254. Deposit Books or Certificates Not Negotiable. – Deposit books, certificates, or other evidences of deposit issued by the bank, shall not be negotiable, but any depositor who has an account in the bank may, subject to the bank regulations, appoint another person to make a deposit in, or withdrawal from, that account.

[1493-10 (b, g).]

SECTION 1255. Nomination of Beneficiary. – Any depositor of the age of majority may execute a nomination in connection with his postal savings account, providing for the transfer of his deposit, if not in excess of five hundred pesos, or any part thereof not in excess of the same limit, to the nominee upon the occasion of the depositor’s death.

Such nomination shall be executed in writing, in prescribed form, and shall be signed by the depositor in the presence of a subscribing witness (other than the nominee), and upon due execution, shall be forwarded during the depositor’s lifetime to the chief of the postal savings bank division for registration.

[1493-16 (b, c).]

SECTION 1256. Formalities Incident to Payment to Beneficiary. – When a claim is made under a nomination executed by a depositor in the manner above provided, and in force at the depositor’s death, the nominee shall be required, before receiving any benefits from the depositor’s account, to forward to the chief of the postal savings bank division satisfactory evidence of the depositor’s death and of his identity as the person named in the nomination. The chief of the postal savings bank division, upon being satisfied from the above-mentioned evidence of the death of the depositor, the identity of the nominee, and the legality of his claim, shall pay to the nominee the sum legally due him as provided in the nomination.

[1493-16 (c).]

SECTION 1257. Title of Beneficiary. – The rights acquired by a beneficiary under such nomination shall not be greater than he might have acquired as legatee under the depositor’s will.

SECTION 1258. Disposition of Small Account in Absence of Nomination of Beneficiary. – When a depositor dies leaving an account of not more than one hundred pesos, the Director of Posts may, if no administration of the estate is undertaken within thirty days after the depositor’s death, authorize the payment of the deposit to the person whom he shall believe to be the nearest relative of the deceased, without prejudice to the legal rights of any other lawful claimant thereto.

[2136-2.]

SECTION 1259. Investment of Bank Funds. – The investment of the funds of the bank may be made by the board in any or all of the ways provided herein and in no other manner:

(a) In bonds or other evidences of indebtedness of the United States.

(b) In bonds or other evidences of indebtedness of the Insular Government of the Philippine Islands, the city of Manila, or any municipality in the Philippine Islands, issued in pursuance of section sixty-six of the Act of Congress approved July first, nineteen hundred and two, as amended by section three of the Act of Congress approved February sixth, nineteen hundred and five. Not more than ten per centum of the total funds of the bank shall be invested in bonds of municipalities of the Philippine Islands outside of the city of Manila.

(c) In interest-bearing deposits, under security approved by the board, in any bank situated in the United States or in the Philippine Islands having an unimpaired, paid-up capital equivalent to one million five hundred thousand pesos or over of Philippine currency.

(d) In stocks or shares of banks doing business in the Philippine Islands having a paid-up capital of one million five hundred thousand pesos or over, but not more than ten per centum of the total funds of the bank shall be invested in such stocks or shares.

(e) Upon first mortgage, deed of trust, or deed with contract for resale, to the bank of improved and unencumbered city real estate, with a title duly registered according to law, when the buildings are of a permanent and substantial character, situated in the Philippine Islands; but no such loan or investment shall be for more than sixty per centum of the value of such property as determined by the board.

(f) In first mortgage, deed of trust, or deed with contract for resale, to the bank of leasehold interests in lands having still not less than fifty years to run, and all buildings thereon, when the said lands are situated in the Philippine Islands, with title in the Government of the Philippine Islands, and the buildings are of a permanent and substantial character; but the amount of the loan or investment shall in no case exceed sixty per centum of the value of the buildings as determined by the board.

(g) Upon first mortgage, deed of trust, or deed with contract for resale to the bank of actually cultivated, improved, and unencumbered agricultural lands in the Philippine Islands with a title registered in accordance with law when the buildings thereon are of a permanent and substantial character, but no investment shall be made upon such property in an amount in excess of sixty per centum of its value as determined by the board, nor upon any one piece of such property in an amount in excess of ten thousand pesos.

(h) In securities the principal or interest of which is guaranteed by the Government of the United States or of the Philippine Islands.

(i) In loans or securities the principal or interest of which is guaranteed by the Government of the United States or of the Philippine Islands; but such loans shall not exceed eighty per centum of the market value of such securities and no loan shall be made on such securities for a period longer than one year.

(j) In bonds which are valid obligations against all the property of any public-service corporation incorporated under the laws of the United States or of the Philippine Islands.

(k) In bonds of the Manila Railroad Company known as “A debentures, Manila Railway, nineteen hundred and six, limited.”

[1493-18; 1620-1; 1911-1, 2; 1985-1; 2450-1.]

SECTION 1260. Appraisement of Property or Securities. – To ascertain the actual value and to secure other information relative to properties and securities upon which loans are contemplated, the Governor-General shall, upon the request of the board, appoint committees of appraisement whose duties shall be to examine such properties and securities and report promptly thereon to the board such information as it may require.

[1911-2 (a).]

SECTION 1261. Restrictions Upon Investments or Loans Upon Real Property. – No investment or loan shall be made upon a mortgage or deed on any property, including buildings thereon, or upon the buildings alone, as hereinbefore provided, without the approval of four-fifths of the members of the board, nor in an amount in excess of ten per centum of the total amount of the funds of the bank, nor for a longer time than five years, nor in an amount in excess of fifty thousand pesos on any one piece of property; and every such loan shall be made upon the condition that it may be recalled by the board in the event of any material depreciation of the value of the security or if any of the conditions of the loan are not complied with; and investments upon such mortgages and deeds shall in no event exceed in the aggregate fifty per centum of the total funds of the bank.

[1911-1; 2450-1 (b, 5a).]

SECTION 1262. Restrictions Upon Investment in Bonds of Public-Service Corporations. – Before an investment is made in the bonds of a public-service corporation, under subsection (j), the board shall make request upon the Governor-General for the appointment of a committee to inquire into the value of the securities in question. It shall thereupon be the duty of the Governor-General, if he deems the contemplated investment desirable, to appoint such committee, whose duty it shall be to ascertain the total reasonable value of all the property of the corporation on which the total issue of the bonds in question shall constitute valid obligations and also the total amount of all the obligations included in said issue or prior thereto; and no investment shall be made if the said committee finds that the said total issue of said bonds, together with all prior existing obligations, shall exceed eighty per centum of the total reasonable value of the said property, nor shall such investment be made unless, during the three years prior to the same, the net earnings of the corporation shall have been more than double the amount necessary to pay the interest on the total issue of the bonds offered for investment. Not more than twenty per centum of the total funds of the bank on the date of the investment shall be invested in securities of any public-service corporation, unless the principal or interest of such securities shall have been guaranteed by the Government of the United States or by the Government of the Philippine Islands.

[1911-2; 2450-1 (b, 8).]

SECTION 1263. Title to Real Property Acquired by Bank. – The title to real estate, leasehold, buildings, and other property acquired by foreclosure or otherwise shall be vested in the bank and shall be managed for the benefit of the bank under the direction of the board until such time as the board may, in its discretion, sell or otherwise dispose of it.

[1620-1 (5, b); 2450-1 (b, 5b).]

SECTION 1264. Proceeds and Earnings of Property Held by Bank. – All sums derived from the operation or sale of real estate, buildings and other property and securities acquired by the bank in excess of the amounts chargeable for interest, taxes, insurance, and other expenses shall accrue to the bank as additional earnings.

[1620-1 (5, b); 2450-1 (b, 5b).]

SECTION 1265. Postal Savings Bank Reserve Fund. – The earnings of the bank in any year in excess of the expenses of the bank for that year shall be placed in the postal savings bank reserve fund which shall be invested with other bank funds and be permitted to accumulate until the amount therein equals ten per centum of the total net deposits in the bank.

The postal savings bank reserve fund shall be a trust fund and shall be used for no other purpose than to meet deficits in those years after its establishment in which the earnings of the bank are not sufficient to pay the expenses of the bank.

[1493-20.]

SECTION 1266. Expenses and Earnings – How Ascertained. – To ascertain the earnings and expenses of the bank for any period, only the amounts actually paid and received during that period shall be taken into account.

SECTION 1267. Payment of Expenses of Bank. – The expense of the operation and administration of the bank shall be paid out of the funds of the Bureau of Posts in the same manner as the expenses of its other divisions are paid.

At the end of each fiscal year the total of the amounts so paid shall be repaid to the Bureau of Posts out of the bank’s current earnings and the postal savings bank reserve fund.

[1493-19.]

SECTION 1268. Excess of Net Earnings – Disposition. – The net earnings of the bank in excess of its expenses and the amount required to maintain the postal savings bank reserve fund shall, with the approval of the board, be used to increase the rate of interest paid to depositors and for no other purpose.

[1493-20.]

CHAPTER 36

Bureau of Labor

SECTION 1272. Chief Officials of Bureau of Labor. – The Bureau of Labor shall have one chief and one assistant chief, designated, respectively, as the Director of Labor and the Assistant Director of Labor.

[1868-4; 1966-1.]

SECTION 1273. Duties and Functions of Bureau of Labor. – The Bureau of Labor shall have the power, and it shall be its duty -

(a) To see to the proper enforcement of all laws relating to labor and capital in the Philippine Islands, and to promote the enactment of legislation which shall tend to establish the material, social, intellectual, and moral improvement of workers.

[1868-2 (a); 1966-1.]

(b) To acquire, collect, compile, systematize, and submit from time to time reports to the Secretary of Commerce and Police, statistical data relative to the hours and wages of labor, the number of workers in each trade or occupation, employed and unemployed, their place of birth, age, sex, civil status, and moral and mental culture; the estimated number of families of married workers, houses rented by them, and annual rental; property owned by them, the value of such property; the cost of living, the amount of labor required, the estimated number of persons dependent on their daily wages, the probable changes in all the persons employed, the condition of shops, factories, railways, tramways, industrial and commercial establishments, and all other places or centers of labor, whether public or private, including the penal institutions of these Islands, with respect to the safety of life and health of workers; the means adopted to avoid accidents or make reparation therefor; the number of accidents which take place, their causes and the action taken in each case; conditions and certainty of the payment of wages; the business of savings banks with the working classes, corporations, strikes, suspensions of work, and other labor difficulties, their causes and the remedies adopted in each case; mutual benefit associations, workers’ insurance societies, associations for the collection of statistics and cooperative production, and other labor organizations, and their effects on labor and capital; private employment, complaint, defense, and consultation agencies for laborers; their conditions and effects and other matters relative to the commercial, industrial, social, educational, moral, and sanitary condition of the working classes and the permanent prosperity of the various industries of the Islands; and in the case of laborers born in foreign countries, the date of their arrival and the length of their stay in these Islands.

[1868-2 (b).]

(c) To inspect all shops, factories, railways, tramways, vessels, industrial and commercial establishments, and all other places or centers of labor, whether public or private, and to take the proper legal steps to prevent the exposure of the health or lives of laborers, and to aid and assist by all proper legal means laborers and workers in securing just compensation for their labor, and the indemnity prescribed by law for injuries resulting from accidents when engaged in the performance of their duties.

[1868-2 (c).]

(d) To secure the settlement of differences between employer and laborer and between master and servant and to avert strikes and lockouts, acting as arbitrator between the parties interested, summoning them to appear before it, and advising and bringing about, after hearing their respective allegations and evidence, such arrangement as these may, in his judgment, show to be just and fair.

[2385-1.]

(e) To organize in such towns in the Philippine Islands as it may deem necessary or advisable one or more free employment agencies. A fee in an amount to be fixed by the Director of Labor, with the approval of the Secretary of Commerce and Police, may be collected by said Director from employers for services performed by an employment agency in securing servants and employees.

[1868-2 (e); 2449-1.]

SECTION 1274. Attorney of Bureau of Labor. – There shall be in the Bureau of Labor an attorney to be known as the attorney of the Bureau of Labor. It shall be his duty to assist the Director or Assistant Director of Labor in all legal questions by them submitted to him, and to bring suit gratuitously, in the proper courts, for indigent laborers or servants when he shall deem this proper after the failure of the endeavors to bring about a friendly settlement made by the Director or Assistant Director of Labor in the performance of the duties imposed and the exercise of the powers conferred upon them by subsection (d) of the next preceding section hereof.

[2385-3.]

SECTION 1275. Taking of Evidence by Officials of Bureau of Labor. – The Director of Labor and the Assistant Director of Labor shall have power to administer oaths in matters connected with the administration of the Bureau of Labor and to take testimony in any investigation conducted in pursuance of the provisions of this chapter.

[2385-2.]

The attorney of the Bureau of Labor shall have power to administer oaths as aforesaid and may, when thereunto specially deputed by the Director of Labor, exercise the authority to take evidence which is herein-above vested in said Director.

TITLE IX

Bureaus Pertaining to Department of Finance and Justice

CHAPTER 37

Bureau of Justice

ARTICLE I

Office of Attorney-General

SECTION 1278. Chief Officials of Bureau of Justice. – The Bureau of Justice shall have one chief, and one assistant chief, to be known respectively as the Attorney-General and the Solicitor-General. There shall also be in this Bureau such number of assistant attorneys as may from time to time be available under current appropriations and as the conditions of the service shall require.

[1407-18; 2319-1 (Bur. Justice).]

The qualifications for appointment to the positions of chief and assistant chief of the Bureau of Justice shall be the same as those prescribed for judges of Courts of First Instance.

[136-3; 1024-1.]

SECTION 1279. Function of Bureau of Justice. – The Bureau of Justice constitutes the law office of the Government of the Philippine Islands and by it shall be performed duties requiring the services of a law officer. This Bureau shall also have the supervision of the work of the fiscal of the city of Manila and of provincial fiscals and all other prosecuting officers throughout the Islands.

[1699-1; 2010-1.]

SECTION 1280. Duties of Attorney-General. – As principal law officer of the Government, the Attorney-General shall have authority to act for and represent the Government of the Philippine Islands, its officers, and agents in any official investigation, proceeding, or matter requiring the services of a lawyer.

[136-45; Comp., 1366.]

It shall among other things be his duty, in person or by proper subordinate:

(a) To prepare, upon request of the Governor-General or other officer of the Insular Government, drafts for contracts, forms, or other writings needed for official use.

[136-45 (g).]

(b) To represent the United States in the Supreme Court in all criminal cases, and to represent the United States and the Government of the Philippine Islands in the Supreme Court in all civil actions and special proceedings in which either of said Governments or any officer thereof in his official capacity is a party.

[136-45(a, b).]

(c) To prosecute or defend in the Supreme Court, except as otherwise specially provided, all causes in which a province may be a party.

[136-45 (b).]

(d) To institute and prosecute, at the request of the Governor-General or other proper officer of the Insular Government, actions on bonds or contracts in which the Government is interested, upon breach thereof.

[136-45 (f).]

(e) To pursue the collection of any claim or judgment in favor of the Government outside of the Philippine Islands, to which end he may, with the approval of the Governor-General, employ counsel to assist in such collection.

[136-45 (h).]

(f) To institute and prosecute actions to enforce penalties or forfeitures under laws of the United States in force in the Philippine Islands.

[1344-1.]

SECTION 1281. Opinions of Attorney-General. – When thereunto requested in writing he shall give advice, in the form of written opinions, to any of the following functionaries, upon any question of law relative to the powers or duties of themselves or subordinates or relative to the interpretation of any law or laws affecting their offices or functions, to wit: The Governor-General, the President of the Upper House of the Philippine Legislature, the Speaker of the Philippine Assembly, the respective heads of the Executive Departments, the chiefs of the organized Bureaus, the trustee of any Government institution, and any provincial fiscal.

[523-2.]

SECTION 1282. Publication of Opinions. – The Attorney-General shall, under the supervision of the Secretary of Finance and Justice, from time to time, edit or cause to be edited, such of the opinions of his office as the Secretary of Finance and Justice may deem valuable for preservation in volumes, and cause to be printed by the Director of Printing an edition of five hundred copies thereof, which volumes shall contain not less than seven hundred and fifty pages of printed matter, and, as to quality of paper, printing, and binding, shall be uniform in style and appearance with the Philippine Reports, and shall be numbered in the order of the volumes published. Each volume shall contain proper headnotes, a full and complete index, and such footnotes as the Attorney-General may approve.

[523-2.]

SECTION 1283. Additional Counsel to Assist Attorney-General. – The Attorney-General shall, when in his opinion the public interest requires it, upon the approval of the Secretary of Finance and Justice, employ and retain in the name of the Government of the Philippine Islands such attorneys as he may deem necessary to assist him in the discharge of his duties. Such attorneys shall be entitled to travel expenses, if incurred, and such compensation as shall be stipulated for.

[523-3.]

SECTION 1284. Authority of Officers to Administer Oaths and Take Testimony. – The Attorney-General, the Solicitor-General, the assistant attorneys of the Bureau of Justice and provincial fiscals are authorized to administer oaths in matters of official business. The Attorney-General and Solicitor-General and any assistant attorney or provincial fiscal thereunto especially deputed by the Attorney-General shall have further authority to take testimony in any matter or investigation within the competency of the Bureau of Justice.

SECTION 1285. Annual Report of Attorney-General. – The annual report of the Attorney-General shall, among other things, contain a statement of the conditions affecting the administration of justice throughout the Islands and an account of public litigation pending in the courts.

[1699-1; Comp., 107.]

ARTICLE II

Estates of Government Employees

SECTION 1286. Settlement of Estates of Deceased Employees. – When a citizen of the United States who is an employee of the Philippine Government or who is a civilian employee of the United States in the Philippine Islands shall die, leaving property in said Islands, either real or personal, not exceeding one thousand five hundred pesos in value, the Attorney-General shall, if no regular administration of his estate is had, take possession of such estate, make a complete inventory thereof, and file the same with the Insular Auditor.

[1407-18 (b); 2136-1.]

He shall thereupon proceed to ascertain by the best means within his power the names and residences of the persons who are lawfully entitled to the estate, and shall proceed to settle the same and to dispose of the assets in accordance herewith.

[290-1; 2136-1.]

SECTION 1287. Conversion of Deceased’s Estate into Cash. – If the Attorney-General shall find it to be for the best interest of the parties concerned in the estate to convert the whole or any part thereof into cash, he may dispose of the same at public or private sale, as may be deemed most advantageous. Any such sale shall convey to the purchaser all the title and interest of the deceased in the property sold.

[290-1; 1041-1; 1407-18; 2136-1.]

SECTION 1288. Payment of Debts. – From the proceeds of the estate the Attorney-General shall pay the burial expenses of the deceased, including the cost of conveying the remains to the United States where the same are so conveyed at the request of the surviving relatives, together with the expenses necessarily incurred by the Attorney-General under the provisions hereof and any other debts which the Attorney-General shall adjudge to be justly due from the estate of the deceased.

[290-1; 1041-1; 1407-18; 2136-1.]

SECTION 1289. Final Transmission of Assets to Persons Entitled. – After the payment of the debts the Attorney-General shall, upon receiving proper vouchers, transmit the balance of the cash assets and any personal property remaining unsold to the person or persons whom he shall adjudge to be lawfully entitled thereto; and he shall likewise convey any real property remaining unsold to the person or persons whom he shall adjudge to be lawfully entitled to the same.

If at any time prior to the final distribution or payment over of the assets of the estate, a regular administration of the estate shall be begun in the Philippine Islands by any person lawfully entitled to administer the same, the property, or any part thereof remaining in the hands of the Attorney-General, shall be surrendered or conveyed to such administrator, to be dealt with by the latter in ordinary course of administration.

No personal property not converted into cash shall be delivered nor any unsold real property shall be conveyed to any person until all the debts of the deceased for which claims have been presented shall have been satisfied in full or disallowed by the Attorney-General.

[290-1; 1041-1; 1407-18; 2136-1.]

SECTION 1290. Effect of Settlement of Estate by Attorney – General. – After the Attorney-General shall have disposed of any estate in conformity with the foregoing provisions, his accounts pertaining thereto being approved by the Insular Auditor, such estate shall, as regards the property so disposed of, be deemed to be lawfully settled; and the Attorney-General shall no longer be answerable therefor to any person. But this shall not preclude any lawful heir or creditor from bringing an action against the person or persons who have so received the proceeds of the estate for the enforcement of any lawful claim thereto.

[290-1; 1041-1; 1407-18; 2136-1.]

SECTION 1291. Custody of Property of Insane Employee. – When a citizen of the United States who is an employee of the Philippine Government or who is a civilian employee of the United States in the Philippine Islands shall become insane and shall be received for treatment in a Government hospital, it shall be the duty of the Attorney-General to assume the control and management of the property and personal effects of such employee until his recovery or removal to the United States, or until he shall have died or a guardian shall have been appointed according to law.

[2136-2.]

ARTICLE III

Provincial Fiscals

SECTION 1292. Office of Provincial Fiscal. – Except as otherwise provided there shall be a provincial fiscal for each province. To be eligible for appointment to this position a person shall be a citizen of the United States or of the Philippine Islands who has been duly admitted to practice in the courts of said Islands. He must be able to speak and write the Spanish language or the English language and, being thus conversant with one, he shall have at least a fair knowledge of the other.

The salary of the provincial fiscal and all other expenses incident to the maintenance of his office shall be paid by the province or provinces to which the service rendered pertains.

[Comp., 89, 90.]

Clerks, interpreters, and other subordinates in the office of the provincial fiscal shall be appointed and their salaries fixed in the same manner as in case of employees in other provincial offices.

[2108-1.]

SECTION 1293. Deputy Provincial Fiscal. – Where the provincial board shall authorize the appointment of a deputy provincial fiscal in the office of the provincial fiscal, the person appointed thereto shall be a lawyer who has been duly admitted to practice in the courts but he shall not be subject to the examination requirements of the Civil Service Law.

[2108-1.]

SECTION 1294. Salaries of Provincial Fiscals. – The provincial fiscals, in the provinces hereinbelow named, shall receive salaries within the following limits, the precise amount being from time to time fixed for each by the Governor-General, upon the recommendation of the Secretary of Finance and Justice:

(a) In the Provinces of Cebu, Iloilo, and Pangasinan, not less than four thousand five hundred pesos nor more than five thousand pesos per annum each.

(b) In the Provinces of Albay, Ambos Camarines, Batangas, Bulacan, Ilocos Sur, Laguna, Leyte, Occidental Negros, Pampanga, and Tayabas, not less than four thousand pesos nor more than four thousand five hundred pesos per annum each.

(c) In the Provinces of Bohol, Cagayan, Capiz, Rizal, Samar, and Sorsogon, not less than three thousand five hundred pesos nor more than four thousand pesos per annum each.

(d) In the Provinces of Cavite, Ilocos Norte, La Union, Misamis, Nueva Ecija, Oriental Negros, Surigao, and Tarlac, and in Nueva Vizcaya, not less than three thousand pesos nor more than three thousand five hundred pesos per annum each.

(e) In the Provinces of Agusan, Antique, Bataan, Isabela, Mindoro, Palawan, and Zambales, not less than two thousand five hundred pesos nor more than three thousand pesos per annum each.

[1701-1, 2; 1716-2.]

SECTION 1295. Authority of Governor-General to Consolidate Offices. – Whenever, in his judgment, the public interests will be promoted by the consolidation of the offices of two or more provincial fiscals, the Governor-General may, upon the recommendation of the Secretary of Finance and Justice, declare such positions consolidated, appoint a fiscal thereto, fix the salary of the position resulting therefrom at not to exceed seventy-five per centum of the sum of the salaries of the positions consolidated, determine the residence of the fiscal so appointed, and apportion among the provinces served the charges for salary, travel expenses, clerical and other necessary expenses incident to the performance of the duties of the combined office.

[1701-3.]

SECTION 1296. Authority of Governor-General to Declare Vacancy. – Whenever, in his judgment, the public interests will be promoted thereby, the Governor-General may, upon the recommendation of the Secretary of Finance and Justice, declare the position of provincial fiscal in any province vacant, and direct that the duties imposed by law upon the provincial fiscal of such province be performed by an assistant attorney of the Bureau of Justice designated by the Attorney-General; and such province shall reimburse the Bureau of Justice for the necessary travel expenses, salary of such assistant attorney, and other expenses necessarily incident to the services rendered, in such amount as shall be fixed by the Attorney-General, with the approval of the Secretary of Finance and Justice, not exceeding seventy-five per centum of the salary previously fixed for the fiscal of said province.

[1701-4; Comp., 142.]

SECTION 1297. Reestablishment of Consolidated or Vacated Offices. – Where the offices of two or more fiscal are consolidated or when the office of any fiscal has been declared vacant, as contemplated above, the Governor-General, upon the recommendation of the Secretary of Finance and Justice, may reestablish, upon its previous footing, the office of fiscal in any province thus affected, if in his opinion the public interest will be better served thereby.

[1701-5.]

SECTION 1298. When Court shall Appoint Acting Provincial Fiscal. – When a provincial fiscal shall be disqualified by personal interest to act in a particular case or when for any reason he shall be unable, or shall fail, to discharge any of the duties of his position, the judge of the Court of First Instance of the province shall appoint an acting provincial fiscal, who shall discharge all the duties of the regular provincial fiscal which the latter shall fail or be unable to perform. Such officer shall, for the days actually employed, be paid out of the provincial treasury the same compensation per day as that provided by law for the regular provincial fiscal. The person so appointed shall be either a practising attorney or some competent employee from the Bureau of Justice or office of any provincial fiscal.

[2108-1.]

SECTION 1299. Temporary Detail of Provincial Fiscal to Other Province. – With the approval of the Secretary of Finance and Justice, the Attorney-General may, in the interest of the public service, direct the temporary detail of any provincial fiscal from one province to any other province in the Islands there to perform such duties pertaining to the office of provincial fiscal as may be specified by the Attorney-General in such assignment.

The travel expense of a provincial fiscal so detailed shall be paid by the province to which he is temporarily assigned.

[1125-1; 1153-1 (n); Comp., 1364.]

SECTION 1300. General Functions of Provincial Fiscal. – The provincial fiscal shall be the law officer of the province, and as such shall therein discharge the duties incident to the institution of criminal prosecutions and represent the United States in all criminal cases in the courts held in such province. It shall also be his duty, consistently with other provisions of law, to represent in said courts the Government of the Philippine Islands and the officers and branches thereof in all civil actions and special proceedings and generally to act in such province in all matters wherein said Government, or any branch or officer thereof, shall require the services of a lawyer.

He shall assist Government officers in the enforcement of administrative laws by making prompt investigation into offenses against such laws which may be reported to him and by instituting, in accordance with law, such prosecutions or proceedings as may be required.

[See 136-62; 1699-1.]

SECTION 1301. Duty of Fiscal as Legal Adviser of Province and Provincial Subdivisions. – The provincial fiscal shall be the legal adviser of the provincial government and its officers, including district health officers, and of the president and council of the various municipalities, townships, and settlements of the province. As such he shall, when so requested, submit his opinion in writing upon any legal question submitted to him by any such officer or body pertinent to the duties thereof.

[1487-6; Comp., 107.]

In case the provincial fiscal is performing the duties of fiscal for more than one province he shall be disqualified, in controversies between such provinces, to act as attorney or legal adviser for either of them, and the Secretary of Finance and Justice shall, in accordance with law, direct the temporary detail of a fiscal for the performance of such duties for each province.

[1396-12.]

SECTION 1302. Duty of Fiscal to Represent Provinces and Provincial Subdivisions in Litigation. – The provincial fiscal shall represent the province and any municipality, township, or settlement thereof in any court, except in cases whereof original jurisdiction is vested in the Supreme Court or in cases where the municipality, township, or settlement in question is a party adverse to the provincial government or to some other municipality, township, or settlement in the same province. When the interests of a provincial government and of any political division thereof are opposed, the provincial fiscal shall act on behalf of the province.

[1443-2; Comp., 107.]

When the provincial fiscal is disqualified to serve any municipality or other political subdivision of a province, a special attorney may be employed by its council.

[1396-12; 1443-2; 1699-1.]

SECTION 1303. Report of Provincial Fiscal on Criminal Cases Appealed to Supreme Court. – When any criminal case is appealed to the Supreme Court, the provincial fiscal shall forthwith make a report to the Attorney-General, explaining the questions of law and fact appearing therein and the conclusions of the court.

[1699-1.]

SECTION 1304. When Provincial Fiscal May Appear in Supreme Court. – In litigation in the Supreme Court provincial fiscals may appear in behalf of the Government or any officer thereof under the conditions and subject to the qualifications hereinafter specified:

(a) Where the interest of a province is adverse to that of the United States, or of the Insular Government, or of some officer of either acting in his official capacity, the office of the Attorney-General shall represent, in the Supreme Court, the interest adverse to the province, and the latter shall be represented by its fiscal.

(b) Where two provinces are adversely interested in the same suit, the office of the Attorney-General shall not represent either in the Supreme Court; and they shall in such case be represented by their respective provincial fiscals.

(c) The Attorney-General, may, in his discretion, require the provincial fiscal of any province to appear or render service in the Supreme Court in any case wherein the province to which he pertains, or a municipality thereof, is interested, or when the case in question originated in such province.

[1699-1.]

SECTION 1305. Additional Counsel to Assist Fiscal. – The Attorney-General may appoint any lawyer, being either a subordinate from his office or, with the approval of the Secretary of Finance and Justice, a competent person not in the public service, temporarily to assist a fiscal or prosecuting attorney in the discharge of his duties, and with the same authority therein as might be exercised by the Attorney-General or Solicitor-General.

In addition to travel expense, such appointee, if not in the Government service, shall receive such compensation as shall be stipulated for, not exceeding thirty pesos per day for the time employed.

[867-17.]

SECTION 1306. Authority of Fiscal to Conduct Investigation in Criminal Matter. – A provincial fiscal shall have authority, if he deems it wise, to conduct an investigation into the matter of any crime or misdemeanor. To this end he may summon reputed witnesses and require them to appear and testify upon oath before him. The attendance or evidence of absent or recalcitrant witnesses who may be summoned or whose testimony may be required by a provincial fiscal under the authority herein conferred shall be enforced by proper process upon application to be made by the provincial fiscal to any judge of first instance of the judicial district or to the justice of the peace of the municipality in which the investigation is held. But no witness summoned to testify under this section shall be compelled to give testimony tending to criminate himself.

This section shall not be construed to authorize a provincial fiscal to act as justice of the peace in any preliminary investigation, but only as authorizing him to secure the attendance of witnesses before him in making necessary investigations for the purpose of instituting or carrying on criminal prosecutions.

[302-2.]

SECTION 1307. Administrative Authority of Attorney-General Over Provincial Fiscals. – The Attorney-General shall have general supervision over provincial fiscals, shall prepare rules for their guidance, and may require reports from them concerning the public business in the courts of their respective provinces or concerning other matters relating to the administration of justice therein.

[1701-1; Comp., 224.]

CHAPTER 38

Bureau of Customs

PRELIMINARY ARTICLE

Title of Chapter

SECTION 1310. Title of Chapter. – This chapter shall be known as the Customs Law.

[355-1.]

ARTICLE I

Organization and Powers of Bureau

SECTION 1311. Chief Officials of Bureau of Customs. – The Bureau of Customs shall have one chief and one assistant chief, to be known respectively as the Insular Collector of Customs and the Insular Deputy Collector of Customs.

[1407-20; 2319-1 (Bur. Customs).]

SECTION 1312. General Jurisdiction of Bureau. – The general duties, powers, and jurisdiction of the Bureau of Customs shall include:

(a) The admeasurement, registration, documenting, and licensing of vessels built or owned in the Philippine Islands, the recording of sales, transfers, and incumbrances of such vessels, and the performance of all the duties pertaining to commercial register.

[355-3.]

(b) The general supervision, control, and regulation of the coastwise trade; and the regulation and licensing of vessels engaged in the coastwise trade and in the carrying or towing of passengers and freight in the bays and rivers of the Philippine Islands.

[355-3, 134; Comp., 1524.]

(c) The prohibition and suppression of unnecessary noises, such as explosions of gasoline engines, the excessive sounding of whistles or sirens, and other needless and disturbing sounds made by water craft in the ports of the Philippine Islands or in parts of rivers included in such ports.

[2241-1.]

(d) The exclusion, if the conditions of traffic should at any time so require, of vessels of more than one hundred and fifty tons from entering, berthing, or mooring in the Pasig river for any other purpose than to obtain necessary repairs not procurable in Manila Bay.

[520-35.]

(e) The fixing of the number and classes of marine officers to be carried on Philippine vessels and the licensing of such officers; the determination of the qualifications of pilots, the regulation of their service, and the fixing of the fees which they may charge.

[1610-1.]

(f) The supervision and control over the entrance and clearance of vessels, whether engaged in domestic or foreign commerce; the inspection of Philippine vessels, and supervision over the safety and sanitation of such vessels.

[355-3.]

(g) The enforcement of the customs laws and other laws of the United States or Philippine Islands relating to customs, commerce, navigation, immigration, and Chinese exclusion in and for said Islands, and the enforcement of the lawful quarantine regulations for vessels entering Philippine ports.

[355-3.]

(h) The collecting or securing of the lawful revenues from dutiable merchandise and from tonnage dues and wharf charges; the collection or securing of all other dues, fees, fines, and penalties accruing under the customs laws; and the prevention and suppression of smuggling and other frauds upon the customs.

[355-3.]

(i) The supervision and control over the handling of foreign mails arriving in the Islands, for the purpose of the collection of the lawful duty on dutiable articles thus imported and the prevention of smuggling through the medium of such mails.

[355-396.]

(j) The construction, repair, maintenance and operation of vessels belonging to or under control of the Bureau; the maintenance, lighting, inspection, and superintendence of lighthouses; and the care and maintenance of buoys, beacons, lightships, navigation marks, and their appurtenances; and general superintendence over interisland water transportation.

[2308-1 (a).]

(k) The maintenance and enforcement in the Philippine Islands of the laws and treaties of the United States concerning commercial intercourse and immigration; the shipping, protection, and care of merchant seamen; the effecting of the return of deserting American seamen to the United States; the exclusion of stowaways arriving in the Philippine Islands and the arrest, detention, and deportation of such as unlawfully disembark therein; and the supplying of subsistence and giving of aid to shipwrecked sailors or other persons in distress, in conformity with maritime usage.

[2319-1 (Bur. Customs); Comp., 3870.]

SECTION 1313. Enforcement of Port Regulations of Philippine Health Service. – Customs officers and employees shall cooperate with the health authorities in the enforcement of the port quarantine regulations promulgated by the Philippine Health Service and shall give effect to the same in so far as they are connected with matters of shipping and navigation.

[See 1340-1.]

SECTION 1314. Territorial Jurisdiction of Bureau of Customs. – For the due and effective exercise of the powers confided by law in the Bureau of Customs, and to the extent requisite therefor, said Bureau shall have the right of supervision and police authority over all seas within the jurisdiction of the Government of the Philippine Islands and over all coasts, ports, harbors, bays, rivers, and inland waters navigable from the sea.

When a vessel becomes subject to seizure by reason of an act done in Philippine waters in violation of the customs laws, a pursuit of such vessel begun within the jurisdictional waters may continue beyond the maritime zone, and the vessel may be seized on the high sea. Imported merchandise which may be subject to seizure for violation of the customs laws may be followed in its transportation in the Islands by land or water, and such jurisdiction exerted over it at any place therein as may be necessary for the due enforcement of the law.

[355-349; See 1136-2.]

SECTION 1315. Jurisdiction of Bureau of Customs Over Premises Used for Customs Purposes. – The Bureau of Customs shall have the exclusive control, direction, and management of customhouses, warehouses, offices, wharves, and other premises used for customs purposes in the respective ports of entry, in all cases without prejudice to the general police powers of the municipality wherein such premises are situated.

[355-26; 1149-1; Comp., 1400.]

SECTION 1316. Jurisdiction of Bureau of Customs in Cavite Harbor. – The control vested by law in the rear admiral of the United States Navy having police supervision over Cavite Harbor and the berthing of vessels therein shall not affect or diminish the authority of the Insular Collector to take, with respect to vessels in said harbor, any step authorized by law for the protection of the customs revenues or the enforcement of the immigration and Chinese exclusion laws.

[See 238-1; 382-1; 675-1; Comp., 1400.]

SECTION 1317. Power of Governor-General to Subject Premises to Jurisdiction of Bureau of Customs. – When any public wharf, landing place, street, or land, not previously under the jurisdiction of the Bureau of Customs, in any port of entry, is necessary or desirable for any proper customs purpose, the Governor-General may, by executive order, declare such premises to be under the jurisdiction of the Bureau of Customs, and thereafter the authority of such Bureau in respect thereto shall be fully effective.

[355-26; 1149-1; Comp., 1400.]

SECTION 1318. Power of Governor-General to Open and Close Subports and Coastwise Ports. – Subports of entry may be opened or closed by executive order, in the discretion of the Governor-General. When a port is close its existing personnel shall be thereby abolished.

The Governor-General may in like manner temporarily close any port or place in the Philippine Islands to the coastwise trade, and afterwards reopen the same.

[898-5; 1341-1; 1777-1, 2; 1823-1.]

SECTION 1319. Designation of Official as Customs Inspector. – At a coastwise port where no customs officer or employee is regularly stationed the Insular Collector of Customs may designate any Insular, provincial, or municipal official of the port to act as an inspector of customs for the purpose of enforcing the laws and regulations of the Bureau of Customs in the particular port; but all such designations shall be made with the consent of the Governor-General or proper Department head of the official so designated.

SECTION 1320. Authority of Officers to Administer Oaths and Take Testimony. – The Insular Collector, the Insular Deputy Collector, collectors of customs and their deputies, surveyors, appraisers, members of the board of protests and appeals, and any other person thereunto especially deputed by the Collector of Customs shall have authority to administer oaths and take testimony in the transaction of official business within the jurisdiction of the Bureau of Customs, and in connection therewith may require the production of relevant papers, documents, books, and records in accordance with law.

[355-21.]

SECTION 1321. General Bonds. – In cases where bonds are required to be given under the provisions of the customs laws, the Insular Collector, instead of requiring separate special bonds where the transactions of a particular party are numerous, may accept general bonds extending over such periods of time and covering such transactions of the party in question as shall to said Collector seem proper.

SECTION 1322. Breach of Bond. – Upon breach of any bond given under the authority of the customs laws, the collector of customs, with approval of the Secretary of Finance and Justice, may accept in satisfaction thereof a smaller sum than that mentioned in the penalty of the bond, but in no case less than the amount necessary to indemnify the Government for the damage occasioned by such breach.

SECTION 1323. Returns of Commerce, Navigation, and Immigration. – The annual report of the Insular Collector shall, among other things, contain a compilation of the returns of the commerce, navigation, and immigration of the Islands for the preceding year.

[355-3 (12).]

ARTICLE II

Collection Districts and Ports of Entry

SECTION 1324. Collection Districts and Ports of Entry Thereof. – For administrative purposes the Philippine Islands shall be divided into six collection districts, the respective limits of which may be changed from time to time in the discretion of the Insular Collector. The principal ports of entry for the respective collection districts shall be Manila, Tabaco, Iloilo, Cebu, Zamboanga, and Jolo.

[355-10.]

SECTION 1325. Collector of Customs at Port of Entry. – At each principal port of entry there shall be a collector of customs who, under the supervision and control of the Insular Collector, shall be the official head of the customs service in his port and district and shall there exercise the functions of captain of the port.

[355-12.]

At Manila the Insular Collector and the Insular Deputy Collector shall respectively discharge the duties of collector of customs and deputy collector of customs for the said port.

[355-11.]

SECTION 1326. Seal of Collector of Customs. – In the office of the collector of customs of a collection district shall be kept a seal of such design as the Insular Collector shall prescribe, with which shall be sealed all documents and records requiring authentication in such office.

[355-22.]

SECTION 1327. Port Regulations. – A collector of customs may prescribe local administrative regulations, not inconsistent with law or the general Bureau regulations, for the government of his port or district, the same to be effective upon approval by the Insular Collector.

[355-371; Comp., 1743.]

SECTION 1328. Performance of Consular Duties. – For the accomplishment of the laws of the United States, a collector of customs shall perform in his district the duties relative to seamen, vessels, clearances, and similar matters, which under the laws of the United States devolve on American consuls or consular officers; and he shall collect for such services the fees allowed under the United States laws, when the same shall have been approved and declared applicable in the Philippine Islands by the Insular Collector of Customs.

[355-372.]

SECTION 1329. Authority of Collector to Remit Duties. – A collector of customs shall have discretionary authority to remit the assessment and collection of customs duties when such duties amount to less than two pesos; and he may dispense with the seizure of merchandise of less than two pesos in value except in cases of prohibited importations or the habitual or intentional violation of the revenue laws.

[1781-1; Comp., 1401.]

SECTION 1330. Supervision Over Customs and Immigration Brokers. – Customs and immigration brokers shall, in the exercise of their duties as such, be subject to the supervision of the collector of customs; and no person shall do business as a customs or immigration broker except after obtaining a license from the collector of customs of the port authorizing him to engage in such occupation. Any license so granted may be canceled by the collector for cause.

[355-19 (5).]

SECTION 1331. Supervision Over Attorneys in Fact. – Persons acting as agents or attorney in fact for others in matters pertaining to customs, immigration, or navigation may be required to lodge their respective powers of attorney with the collector of customs of the port. No more than two such continuing powers may be accepted or recognized from any one person acting as agent in the importation of merchandise unless he be a licensed customs broker.

[355-168.]

SECTION 1332. Authority of Deputy Collector of Customs. – A deputy collector of customs at a principal port of entry may, in the name of the collector and subject to his supervision and control, perform any particular act which might be done by the collector himself; at subports a deputy collector may, in his own name, exercise the general powers of a collector, subject to the supervision and control of the collector of the principal port.

[See 355-31.]

SECTION 1333. Appointment of Special Deputies with Limited Powers. – Collectors of customs may, with the approval of the Insular Collector, appoint from their force such number of special deputies as may be necessary for the proper conduct of the public business, with authority to sign such documents and perform such services as may be specified in writing.

[355-18.]

SECTION 1334. Succession of Deputy Collector to Position of Acting Collector. – In the absence or disability of a collector of customs at any other port than Manila, or in case of a vacancy in his office, the temporary discharge of his duties shall devolve upon the deputy collector of the port. Where no deputy collector is available, an officer to serve in such contingency may be designated in writing by the collector of customs from his own force. The collector of customs making such designation shall report the same without delay to the Insular Collector and the Insular Auditor, forwarding to them the signature of the person so designated.

[355-28.]

SECTION 1335. Assignment of Customs Employees to Overtime Work. – Customs employees may be assigned by a collector to do overtime work at rates fixed by the Insular Collector, when the service rendered is to be paid for by importers shippers, or other persons served.

[367-30.]

SECTION 1336. Compensation of Private Appraisers. – When persons, not Government employees, are employed by a collector of customs to appraise property or report upon its character or value, they may be paid compensation in an amount, to be determined by the Insular Collector, not exceeding ten pesos for each day during the period necessarily employed in such service.

[355-188.]

SECTION 1337. Records to be Kept by Customs Officers. – Collectors of customs, deputy collectors, surveyors, and other customs officers acting in such capacities are required to keep true, correct, and permanent records of their official transactions, to submit the same to the inspection of authorized officers at all times, and to turn over all records and official papers to their successors or other authorized officers.

[355-394.]

SECTION 1338. Reports to Insular Collector. – A collector of customs shall make report to the Insular Collector from time to time concerning prospective or newly begun litigation in his district touching matters relating to the customs service; and he shall, in such form and detail as shall be required by the Insular Collector, make regular monthly reports of all transactions in his port and district.

[355-24; 1781-1; Comp., 1401.]

ARTICLE III

Registration and Inspection of Vessels

SECTION 1339. Registration and Documentation of Vessels. – The Bureau of Customs is vested with exclusive authority over the registration and documentation of Philippine vessels. By it shall be kept and preserved the records of registration and of transfers and incumbrances of vessels; and by it shall be issued all certificates, licenses, or other documents incident to registration and documentation, or otherwise requisite for Philippine vessels.

[See 355-117-133; Comp., 1497-1512.]

SECTION 1340. Vessels Required to be Registered. – Every vessel of more than three tons gross used in Philippine waters, not being a transient of foreign register, shall be registered in the Bureau of Customs. To this end it shall be the duty of the master, owner, or agent of every such vessel to make application to the proper collector of customs for the registration thereof within fifteen days after the vessel becomes subject to such registration.

SECTION 1341. Where Registration to be Effected. – The registration of a vessel shall be effected at its home port, being a port of entry, or at the port of entry of the district of the vessel’s home port.

[355-131.]

SECTION 1342. Exemption of Small Boats. – A vessel of three tons gross or less shall not be registered, unless the owner shall so desire, nor shall documents or licenses of any kind be required for such vessel, but the proper fee shall be charged for admeasurement, when admeasurement is necessary.

SECTION 1343. Data to be Noted in Register of Vessels. – In the register of vessels, to be kept at each port of entry, the following facts concerning each vessel there registered shall be noted in such form and detail as the Insular Collector shall prescribe:

(a) Name of vessel.

(b) Rig of vessel.

(c) Material of hull.

(d) Principal dimensions.

(e) Gross tonnage.

(f) Net tonnage.

(g) Where built.

(h) Year when built.

(i) Name, citizenship, nationality, and residence of owner.

(j) Date of issuance of certificate of Philippine register.

(k) Any material change of condition in respect to any of the preceding items.

(l) Any other fact required to be there noted by the regulations of the Bureau of Customs.

[355-132; Code of Com., art. 22 (1).]

SECTION 1344. Record of Documents Affecting Title. – In the record of transfers and incumbrances of vessels, to be kept at each principal port of entry, shall be recorded at length all transfers, bills of sale, mortgages, liens, or other documents which evidence ownership or directly or indirectly affect the title of registered vessels, and therein shall be recorded all receipts, certificates, or acknowledgments canceling or satisfying, in whole or in part, any such obligation. No other record of any such document or paper shall be required than such as is affected hereunder.

SECTION 1345. Certificate of Philippine Register. – Upon registration of a vessel of domestic ownership, and of more than fifteen tons gross, a certificate of Philippine register shall be issued for it. If the vessel is of domestic ownership and of fifteen tons gross or less, the taking of the certificate of Philippine register shall be optional with the owner.

“Domestic ownership”, as used in this section, means ownership vested in some one or more of the following classes of persons: (a) Citizens or native inhabitants of the Philippine Islands; (b) citizens of the United States residing in the Philippine Islands; (c) any corporation or company created under the laws of the United States, or of any State thereof, or of the Philippine Islands, provided some duly authorized officer thereof, or the managing agent or master of the vessel resides in the Philippine Islands.

[355-117, etc.]

SECTION 1346. Certificate of Ownership. – Upon registration of a vessel of more than five tons gross, a certificate of ownership shall be issued for it, if the vessel does not take a certificate of Philippine register. If such vessel is of five tons gross or less, the taking of a certificate of ownership shall be optional with the owner.

SECTION 1347. Form and Recitals of Certificate of Philippine Register. – The certificate of Philippine register shall be in such form as shall be prescribed by the Insular Collector, and it shall show that the vessel is engaged in legitimate trade and is entitled to the protection and flag of the United States.

[355-117, 119, 120.]

SECTION 1348. Privileges Conferred by Certificate of Philippine Register. – A certificate of Philippine register confers upon the vessel the right to engage, consistently with law, in the Philippine coastwise trade and entitles it to the protection of the authorities and flag of the United States in all ports and on the high seas, and at the same time secures to it the same privileges and subjects it to the same disabilities as under the laws of the United States pertain to foreign-built vessels transferred abroad to citizens of the United States.

[355-117, 119, 120.]

SECTION 1349. Investigation into Character of Vessel. – No application for a certificate of Philippine register shall be approved until the collector is satisfied from an inspection of the vessel that it is engaged or destined to be engaged in legitimate trade.

A collector may at any time inspect a vessel or examine its owner, master, crew, or passengers in order to ascertain whether the vessel is engaged in legitimate trade and is entitled to have or retain the certificate of Philippine register.

[355-128.]

SECTION 1350. Report of Accident to Vessel. – When any Philippine vessel of more than three tons gross sustains or causes any accident involving loss of life, material loss of property, or serious injury to any person, or receives any damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel shall, by the first available mail, send to the collector of the district within which such vessel belongs, or of that within which such accident or damage occurred, a report thereof, stating the name of the vessel, the port to which she belongs, and the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish such other information as shall be called for.

When the managing owner or agent of such vessel has reason to apprehend that it has been lost, he shall promptly send notice in writing to the collector of customs at her home port giving advice of such loss and the probable occasion therefor, stating the name of the vessel and the names of all persons on board, so far as the same can be ascertained, and shall furnish, upon request of the collector, such additional information as shall be required.

[355-75, 363.]

SECTION 1351. Application of Shipping Laws to Government Boats. – Vessels owned or operated by the Government shall not be subject to the requirements of this chapter relative to registration and navigation except in so far as prescribed in the regulations of the Bureau of Customs.

SECTION 1352. Revocation of Certificate. – When it shall appear to the Insular Collector that any certificate of Philippine register or certificate of ownership was illegally or improperly issued, he may cancel the same.

[355-127.]

SECTION 1353. Inspection of Hulls, Boilers, and other Constructional Features. – In the exercise of the authority confided in the Bureau of Customs over the coastwise trade and over Philippine vessels and shipping generally, it shall be the duty of the Insular Collector to cause adequate technical inspections to be made from time to time and as occasion may require of the hulls, engines, boilers, and other mechanical and constructional features of all Philippine vessels and to fix the standards which must be attained in respect thereto. The hull, engines, and boilers of all steam vessels engaged in coastwise traffic shall be inspected at least once a year, or in case of the hull of a wooden vessel, at least once every two years.

[See Marine Regulations.]

SECTION 1354. Inspection Certificate. – Upon the inspection of any vessel as aforesaid, a certificate of inspection shall be issued, if the inspected vessel shall be found to conform with the requirements applicable to it. A vessel thus inspected and certified shall be permitted to operate for the length of time stated in t