Republic Acts

Media

Part of The Lawyers Journal

Title: Republic Acts
Language: English
Source: The Lawyers Journal XIX (5) May 31, 1954
Year: 1954
Subject: Republic Acts; Philippines -- Constitution; Republic Act No. 722; Republic Act No. 826; Republic Act No. 879; Republic Act No. 850; Republic Act No. 838; Republic Act No. 915; Republic Act No. 895; Republic Act No. 841
Rights
Abstract: [This article comprises Republic Acts which are used to fulfil the principles of the Philippine Constitution.]
Fulltext: REPUBLIC ACTS Republic Act No. 722 AN ACT TO EXEMPT THE HOLDING OF OPERAS, CONCERTS, RECITALS, DRAMAS, PAINTING AND ART EXHIBITIONS, FLOWER SHOWS, AND LITERARY, ORATORICAL OR MUSICAL PROGRAMS FROM THE PAYMENT OF' ANY NATIONAL OR MUNICIPAL AMUSEMENT TAX. Be it 611acted by the Senate and House of Representatives of the Philippines in Ctmgress asB6111bled: SeCtion 1. The holding of operas, concerts, recital.;;, dramas, painting and art exhibitions, flower shows, and lite1·ary, oratorical or musK:al programs, except film exhibitions and radio or phonographic records thereof, shall be exempt from the payment of any nations! or municipal amusement tax on the i-eceipts derived there. from. Sec. 2. All laws or parts of laws which are inconsistent with the provisii:ms of this Act are herebf ~pealed. Sec. 8. This Act shall take effect upon its approval. Appro~ed, June 6, 1952. Republic Act No. 826 AN ACT CREATING THE COMMISSION ON PARKS AND WILDLIFE, DEFINING ITS POWERS, FUNCTIONS, AND DUTIES. Be it enacted by the Ser.dte and Hous_e of Rtpf'esentativea of the . Philippines in Congress 11,!sembled: Section 1. Creation of Commission on P"'1'ka and Wildlife.In ordet' to promote effectual planning, development, maintenance, and conservation of national parks, monuments and wilfllife in said puks, of game and fish, and of provincial, city and municipal public pa.rks, to provide for the. enjoyment of the same, and to, carry out the provisions of this Act, there is hereby created a commission to be known as thP. Commission on Parks and Wildlife, hereinafter referred to as t.he Commission. The eom.M.ission shall be composed of the Secretary of Agriculture and Natural Resources, who shall be the Chainnan of the Commission, the Secretary of Public Works and Communications, the Secretary of Education, the Secrt!tary of Health and the Social Welfare Com... missioner, as members. The Chairman arid the members of t.he Commission shall serve as such without additional compen9ation. A majority of the members of the Commission shall constitute a quonm. The Commission shall be under the executive control and supenision of the President of t.he PhiUppines. · Sec. 2. Duties of the Commi8don.-It shall be the duty of the Commission to administer the provisions of this Act and to promote, conserve, maintain", and regula~ the use of national parks, national monuments and wildlife in said parks, of game and flrh, game -refuge!!!, bird sanctuaries, and game fa.rms, and to provide nuistance to, and cooperate with, the provinces, chartered citie9, municipalities and municipal districts in the establishment and conservation of provincial, city, municipal and municipal district parks a.nd monument$ by such means and measures as conform tc. the fundamental purpose of the said parks, monuments, and game and fish, game refuges, bird sanctuaries, 8.nd game farms, which purpose is to conserve the scenery and the na.. ~ral and historic objects and the wildlife therein, including birds, fishes, mammals, and other animals and to provide for the en.. joym~t of the se.me in such manner and by such means as will leave them unimpaired for the benefit and enjoyment of future ge.. nerations. _The Comm.isaion is also charged with the a8ministr11.tion ·Of Acts Numbered Twenty-five hundred and ninety, entitled "A.n Act for the protection of game and fish," ' and Numbered Thirty-nine hundred and fifteen, entitled "An Act providing for the establishn1ent of National Pa1·ks, declaring such parks as game refuges, and for other purposes," both as amended. Sec. 3 Powers of the Co7ii.mis8ion.-The CommiSsion shall have power to: (a.) Adopt rules· and rf:gulations for the administration of this Aet, and the transaction of the business of the (',ommission. (b) Make expenditures for the care, supervision, improvement, development, extension &nd maintenance of all parks, parkways, and monuments under the control of the Commission and for the protection and conservation of wildlife and game fish, game refuges, bird sanctuaries and game farms. (cl Make rules and regulations governing the proper ust" and protection of park areas, game refuges, bird sa.nctuaries and game farm& and to protect propP.rty and preserve the peace therein. Cd> Cooperate with "the local governments for the purpose of securing improvement. development, or maintenance of land& which are designated as parks or pleasure gro.unds and to seCure agreements between the local governments for the accomplishment t)f the purposes of this Act. (e) Delegate to the Director of Parks and Wildlife or other employees of the Commission, to foresters, Tangers and forest guards of the Bureau of Forestry; to land inspectors of the Bureau af Lands; to agricultural agents, pla.nt inspectors or other suitable employees of the Bureau of Agricultural Extension Service or of the Bureau of Plant lndusti:y; and to members of the Philippine C.Onstabulary and of the Jocal police force and other suitable persons 11.ny duty or authority relath•e to the administration, or protecti(!n of national parks, wildlife, game and fish, game refuies, bird sanctuaries and game farms. Said Director of Pa1·ks and Wildlife and employees and pPl's'3ns shall comply with the duty and exercise the authority del~ gated to them pursuant to this subsection. They shall, in additfon, be peace officers and as such they ms;y arrest any person within the pr~ises of national parks found under suspicious circumstances and 1·easonably tending tC> !!how that such person has committeed or is about to commit an offense against the laws or regulations concerning national parks, wildlife, game and fisb, game refuges, bird sanctuaries end game farms. Sec. 4. Directof' of Pa-rks atul Wildli/e-othe'l' emp'4yees. -The Commission shall have a Director of Parks and Wildlife who shall be appointed by the President of the Philippines with the consent of the Commission on Appointments and who shall have a.ctive cha1·ge and administration of all national parks an:l national monuments and of the laws relating to the protection of game and fish, game refuges, bird aanctual'ies and game farms. He shall, under the direction of the Commission. cooperate with local boards of park commissioners and local officials in the establishment and conservation of provincial, city, municipal and municipal district public parks. He shall perform such other duties &'J may from time to time be required by the Commission. Said flirector shall be &elected. solely upon the basis of executive ability and special' training in park matters. He shall receive an annual compensation of seven thous:and two hundred pesos. The Director of Parks and Wildlife shall appoint, in acco1·dancP with Civil Service Uules and Regnlations and subject to the approval of the Commi!sion, such c.-mployees as shall be necessary for th!! maintenance and comierva.tion of national parks and m0numents, and protection and conservation of wildlife and game and f()r carrying out the functions of the Commission. Sec. 5. Acquisition of proptt"tif by gifts O'l' otherwise.-The Commission, on behalf of the National Government, and the provincial, city, and municipal or municipal district government, cm behalf ot the proyJpce, city, munidpality or municipal district conc~rned, ma.y acquire lands nit;able for park purposes, by gift. donation. contribution or otherwise, and may receive and accept devises, bequests, and other gifts or beneficial transfers of property, mo~ey, and other objects for the purpose of the improvement or omamentation of any national, provincial, city, municipal or municipal district pa1·k. pleasure ground, parXway, a.venue or road, Or for the establishment in said park or pleasure ground of zooJngical or other gardens, collections of natural history, monument& 01· works of arts, or for conservation of wildlife, game birds or anima1s. Sec.-6. Restrictions on membt1's a.nd employees of Commis. .~ion and Bo01'"ds of Park Commi8si01uws.-No member or employee 254 LAWYERS JOURNAL May 81, 1954 of the Conunisaion or of the Jocal boards of park commissioners shall be interested, directly or indirectly, any contract relating to the establishment or maintenance of any national, provincial, city C)r municipal public park, pleasure ground or parkway, or jn any contract providing for the expenditure of any money in relation thereto. Sec. 7. Provincial, city and municipal pMks.-Any province, city, municipality or municipal district may acquire, establiah and 1naintain public parks, pleasure grounds and parkways within the bounds.ries of said province, city, municipality or municipal dis.. trict. Lands which may be required for any ?f such purposes may be set aside .by such province, city, municipality, or municipal dis.. trict lijf.d devoted to such purposes, out of any lands or parcels cf land owned or possessed by 11.ny such provinr.e, city, municip11ity or muiticipal district; or said lands may be acquired by gift or purchase, in the· manner provided by la.w: Provided, That no lands, the purchase price of which exceeds one thousand pesos, shaJI be acquired by purchase by a province, city, muniClpality, or municipal district for any of sUch purposes without the previous approval of thti President of the Philippines. Any province, city, municipality or municipal district establishing public p&rks, pleasure grounds or parkways under ·th• provisions of this Act shall, by its duly constituted ·authority, have full power to cultivate, plant and otherwise improve the same; and shall enact resolutfons or ordinances for the proper adminis.. tration, maintenance and. use_ thE·reof, . Sec. 8 Cities and toum.s tnCl!I unite in establishing puka.-Atif two or more citiH, municipalities or municipal districts which are rontiguous or adjacent :lnay unite in acquiring, establishing and maintaining public parks, pleasure grounds or parkways f11r their common benefit upon such- terms and conditions as may be mutually agreed upon by ordinance. Sec. 9. Board of Pwrk Commisrionff'a.-Whenever a province, city, municipality or municipal district has established a public park, the provincial governor, city, municipal, or municipal district mayor thereof shaJI, with the consent of the provincial boatd, city, municipal or municipal district council, appoint a board of park commissioners,' hereinafter called the Board, which shall bP. composed. of three most travelled and civic minded members whc. shall be residents of the province, city, municipality or municipal district where such park is located, and who shall serve for a term of two year• without compP.ns11tion. The Board shall elect from among themselves a. chairman. A majority of the Board shall constitute a quorum for the transaction of business, and no action of the Board shall be binding unless. authorized by a majority of the members of the Bc4rd at a regular meeting or duly called speda.l meeting thereof. The Bnard !thall be provided by the province, city, municipality, or m11ntcipal district with a ClOIWIDdent office and with such facilities and stationery as may be necessary for the performance of their duties. The provincial , governor, city, municipal, or municipal district mayor concerned may, upon recommenda.tion of the Bo81'd, appoint a secretary of the Board, who shall keep a record of all proceedings of the Board, have custody of and preserve all its records and perform such other duties as may be presc1ibed by the Board. Sec. 10. Management of local pMks-Rules.-The Board of Park Commissioners· shan ·have the management and control of public parks, pleasure grounds and parkways of the province, city, municipality, or municipal district wherein it is appointed. It shall establish neceseary rules and regulations not in conflict with law or the ordinances of the city, municipality or municipal district for the proper supervision and uae of such parks, pleasure grounds and parkways and shall have such additional powers relating thereto a1 may be prescribed by resolution of the provincial board or ordinance by the city, municipal, or municipal district council. Tile prcvincial board, city, municipal, ~r municipal district council concerned shall, by resolution or ordinance, provide for tke enforeemait of the rules and regulatipns {)romulgated by the Board of Park Commissioners. The Board may appoint a park caretaker, who shall be a practical la.nda:cape gardener, .aud who sha1l, under the direction of the Board, have active charge, control and direction of all the parks, pleasure grounds or parkways. under. the contiOl of _said ·Board, _and pi:-"rfonri. such· other d.uties a.a may be required by the Boa1·d . . The provincial board, city, municipal, or municipal district council, ae the case may be, shall provide for the salary of the park caretaker and the secretary to the Board of Park Commissioners. Sec. 11. PMk Commissionus and employees not to be tntE't"ested in contract.-No park Commissioner or employee of the Boa.rd of Park Commissioners shall be interested, directly or indirectly in anjr contract relating to the esteblishm"ent' Or maintenance of any. public park or pleasure grounds under its' jurisdiction or in any contract providing for the expenditures of any money in relation therct.o, Sec. 12. E~enditures for pwrk purposea.-The Board shall, with the approval of the provincial governor, city, lnunicipaJ or municipal di~trict mayor concerned, have full, complete and exclusive power and authority to expend, for and on behalf of the province, city, municipality or municipal district wherein it is appointed, all sums of money that may be appropriated for the establishment, maintenance and improvement of public pa.rks, parkways and plea.. sure grounds therein, See. 13. Tram fer of functions and activities f'elative to po;rb, tlrildlife and game and fisk to Commission.-All the power1t functions and duties vested in, and exercised. by, the Secretary o:C Agiiculture and Natural· Resources and the Director of Forestry unde.r Acts Numbered Twenty-five hundred and ninety· and Thil"ty-ninG hundred &ltd fifteen, both as amended, refative to the protection of game and fish and the eatablishment of national parks, are transferred to the Commission on Parks and Wildlife and the Director of Parks and Wildlifli, respectively. The G:lme and WildJife Section of the Burea:u of Forestry 'lil.d the positioiis therein in charge of the work relative to the ma.intenance, operation and improvement of national parks, together with their corresponding personnel, appropriations, equipment, fa.. cilities, records and other proPerty, are hereby likewise transferred to the Commission on Parks and Wildlife. · Sec. 14. Appropria.tions.-Aside from the sums set asid~ in the General Appropriations Acts for the Game and Wildlife Section of the Bureau of Forestry and for the positions in charge of the work relative to the maintenance, operation . and . improvement uf national parks, which are by vjrtue of this Act transferred to the Commission on Parka and Wildli'fe, there is hereby appropiated, out of any funds in the Nationa.1 Treasll:ry not otherwise appropriated, the sum of five thousan~p os which shall be expended by the Commission on Parks an _ ildlife f~r the establishment, maintenance, conservation and im rovement of na~ional parks, monument.a, aud parkways; for the construction; maintenance and repa.ir of roads, trails, and necessary buildings within the said parks; for the pl'otection and propagation of game birds, mammals, and other useful wild animals protected by law; for the est.ablishment, improvement and maintenance of gamEi "refuges, bird sanCtuaries and game fa.rms; for the salaries and wages d the necessary personnel; and for sundry and other nP.eessary expenses which the so.id ComrnisSJ::m may incur in carrying aut the provisions l'Jf this Act for the 1-elna.inder Of the fiseal · yes.r nineteen hundred a.nd fifty-two and for the fiscal year ninteen hundred and fifty-three. Thereafter, 0the neces98.ry funds for the operation of the Commission on Farks and Wildlife and for cal'fyiug out its activities shall be incl\lded in the Annual General Appropriation Acts. See. 15. Repeal8.-All Acts and parts of Acts in conflict ·with the provisions of this Act are repealed. SeC. 16. Date of taking ef/ect.-This Act shall take effect upon its approval. Approved, August 14, 1952. 'Republic Act No. 879 AN ACT REORGANIZING THE MUNICIPAL BOARD OF THE CITY OF SAN PABLO, BY AMENDING SECTION ELEVEN OF COMMONWEALTH ACT NUMBERED FIVE HUNDRED AND TWENTY, AS AMENDED. Be it enacted by the Senate and House of Representati'IJea of the Philippines in Congress a.ssembltd: Section 1. Section eleven of CommonweaRh Act Numbered May Sl, 1954 LAWYERS JOURNAL 266 Five hundred and twenty, as amended by Republic Act Numbered One hundred and sixty.three, is hereby further amended to read as follows: "Sec. 11. Constitution a.nd orgf11'1iza.tion. of the Municipal Board -Compenaa.tion of members thereof.-The Municipal Board shall be the legislative body of the city and shall be composed of the Mayar, who shall be its presiding officer, the city treasurer, the city engineer, the city health officer, and five councilor who shall be elected at large by Popular vote during every election for pro. vincial and municipal officials in conformity with th4 provillions of the Revised Election Code. In case of sickness, absence. BUS. pens.ion or ot.her temporary disability of any member of the Board, or if nece888ry to maintain a qulH"um, the President of the Philip. pinea may _appoint a. temporary substitute who shall posseo all the rights and perfonn all the duties of a member of the Board until the return to duty of the regular incumbent. "If any member of the Municipal Board should be candidate for office in any election, he shall be ineompetent to act . with the Board in the discharge of the duties conferred upon it re.. lative to election matters, and in such case the other members of the Boa.rd shall discharge said duties without his assistance, or they may choose SOJne disinterested elector of the city to act with the Board in such matters in his stead. "'The Members of the Municipal Board of the City of San Pablo, who are not officers or employees of the Government re. ceiving a fixed compensation or salary from public funds, shall each receive a compensation of two thousand pesos pe-r a.nmttiL'' Sec. 2. Pending the next election for provincial a.nd munfcf .. pal officers, the present .two appointive Members of the Municipal Board of the City of San Pablo shall continue to occupy the two new elective positions in the said Board. Sec. 8. True Act shall take effect upon its approval Approved, J'une 19, 1958. Republic Act No. 838· AN ACT TO CHANGE THE NAME OF KAWIT HIGH SCHOOL TO EMILiaNO, T. TIRONA MEMORIAL HIGH SCHOOL. Be it ena.eted bu the Senate and Hot,se of Representatives of tl:.e PhUippi11es it1 Congf'ess assembled: . Section 1. In ·recognition of the distinguished services rendered by Emiliano T. Tirona, Fili.Pino l'l:a.tesman and leader and an illustrious son of the Province of Cavite, the name of Kawit High School is changed to Emilian~. Tirona Memorial High School Sec. 2. This Act shall ta9 effect upon its approval. Approved, March 26, 1953. Republic Act No. 895 AN ACT TO AMEND SECTION SEVEN, PART C, TITLE III, OF REPUBLIC ACT NUMBERED SEVEN HUNDRED EIGHT, REGARDING CONVERSION OF CERTAIN POSITIONS IN THE DEPARTMENT OF FOREIGN AFFAIRS TO POSITIONS OF FOREIGN AFFAIRS OFFICERS. Be it enacted bv the Sena.ts a.'l'ld HoWJe of Representa.tives of the Philippines in Congress a.ssembted: Section 1. Section seven, Part C, Title III, of Republic Act Numbered Seven hundred eight, is amended to read as follows: .. See. 7. Conversion of positions.-To permit rotation of car. eer personnel between the Home Office and the Foreign Service, as contemplated in this Act. the positions of Counselors and the positions of chiefs of division and those of equal rank and respDnsibility now occupied by graduates of the Foreign Affairs Train. ing Program in the United States Deparln)ent of State are here. by converted into positions of Foreign Affairs Officers, Class I and Claa II, respectively, occupying the rate in each class which the Secretary deems a.pproprlate. The Secretary shall, by regola.. tion, determine the manner and frequency in which Counselors, chiefs of division and occupants of positions of equal rank and responsibility shall be teXchanged with Foreign Affairs Officers in the field, subject to the limitations of this Act." Sec. 2. This Act shall · take effect upon its approval Aj>proved, Jone 20, 1958. Republic Act No. 8511 AN ACT TO AMEND REPUBLIC ACT NUMBERED FIVE HUN. DRED SEVENTY-THREE IN ORDER TO PROVIDE FOR THE EXTENSION O~' THE ACTIVE DUTY OR ENLIST. MENT OF RESERVE OFFICERS AND ENLISTED MEN OF, THE PHILIPPINE EXPEDITIONARY FORCE PROVIDED FOR IN SAID ACT. Be it enacted by the Sent~te and House of Rept"esentatives of the Philippines in Congress as11embled: SECTION 1. Republic Act Numbered Fivo hundred seventy. three, otherwise lmown as the "Philippine Military Aid to the C:nited N&tions Act," is hereby amended by inserting a new section between sections ten and eleven ther00f, to be designated as section ten.A, which shall read as follows: "SEC. 10..A. The provisions of cny law to the contrary notwithstanding. Reserve Officers in the Philippine Expeditionary 1o~orce sha.ll remain on active duty as long as the Philippines continues to maintain aid force overseas,. unless sooner relieved from such aeti.,,·e duty or diecharged by the President, or dismisac:d from the service pursuant to the approved sentence of a general court-. mart~al. All enlisbnents of enlist¢ tnen serving with the Fhiiip.. pine Expeditionary FGrce shall continue in foree for a like Period, unless sooner terminated by the President or pursuant to the ap.. ~roved sentence of a court.martial." SEc. 4. This Act shall take effect upon its ai)proval. Approyed, May 28, 19_53_._~-Republic Act No. 915 AN ACT TO MAKE THE CI.ERK OF THE COURT OF FIRST INSTANCE OF A PROVINCE EX OFFlCIO SEIERIFF NOT ONLY OF SUCH PROVINCE BUT ALSO OF ANY CITY WHICH, BEFORE CONVERSION TO A CITY, FORMED PART OF SUCH PROVINCE. He it enaeted b11 the Senate and House of Representatives of t.he PhilippiMs in Cong,.ess assembled: SECTION 1. The clerk of the Court of First Instance of a prov. ince aha.II be e:e officio sheriff not only of such province but also of any city, which before conversion to a city, formed part of such province. As ell: officio sherif of a city, such clerk flhall receive an additional compensation of not exceeding one thousand two hund~ llf'BOB, which shall be fixed by the city council or m11nicipal board and payable from city funds. SEC. 2. Commonwealth Act Numbered Six hundred twenty.nine is repealed. SEC. 8. This Act shall take etfect upon its &pprova1. Approved, J'une 20, 1953. · Republic Act No. 841 AN ACT TO DESIGNATE THE DISTRICT OR CITY ENGIN• EERS TO TAKE CHARGE OF RECONSTRUCTING, MAJN. T AINING, PROTECTING AND CLEANING MONUMENTS AND HISTORICAL MARKERS SITUATED WITHIN THEIR RESPECTIVE JURISDICTIONS AND REGULATING THE CONSTRUCTION OR MANU~'ACTURE OF SUCH STRUC. TURE OR PLAQUE TO PERPETUA,TE THE MEMORY OF A PERSON OR EVENT. Be it enacted by the Sena.te ·and House of Representativts of tM Pliilippines in Con{ff"ess assembled: Section 1. The district or city engineers are hereby designated tc. ta.lee charge of reconstructing, maintaining, protecting and cleanjng monuments and historical markers located within thei~ respec.. tive jurisdictions. The district or city engin"!crs shall include a yearly estimate ef expenditure for this purpose for appropriate action "by the respective provincial or municipal board, or cit.y coun.. cil. Unexpended appropriation should be reverted to the General Fund. . Sec. 2. In the construction of monuments or manufacture of plaques to perpetuate the memory of a . person or event, the party or parties concerned should submit the necessary plans, sket. ches or inscriptions to the Philippine Historical Committee through the Department of Public Works and Communioationa for D1ent and approval. Sec. 8 This Act shall take effect upon its approval Approved, April 7, 195"8. 256 LAWYERS JOURNAL May 31, 1954
pages: 254-256