General Provisions Proposed for the 1937 Appropriation Bill

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Part of Budget for 1937 of the Commonwealth of the Philippines

Title: General Provisions Proposed for the 1937 Appropriation Bill
Language: English
Source: Budget for 1937 of the Commonwealth of the Philippines (1936)
Year: 1936
Subject: Budget -- Philippines; Appropriations and expenditures; Appropriation Bill
Rights
Fulltext: GENERAL PROVISIONS Section 1. Title of Act.—This Act shall be known as “General Appropriation Act for nineteen hundred and thirty-seven [six].” Sec. 2. Appropriation of funds.—The following sums or so much thereof as may be respectively necessary, [In case that a new General Appropriation Act for the fiscal year nineteen hundred and thirty-six is not enacted before the first day of the said fiscal year, Acts Numbered Forty-one hundred and eighty-seven, Forty-one hundred and fifty eight and Forty-one hundred and eighty-eight, shall con tinue in force for the operation of the Government of the Commonwealth of the Philippines during the portion of the fiscal year nineteen hundred and thirty-six for which such new General Appropriation Act is not in force, and for this purpose, there] are hereby appropriated [from] out of any [fund] funds in the [Insular] National Treasury not [otherwise] appropriated for other purposes, [the sums equal to the various items of appropriations authorized by said Acts, as modified by the following amendments which are hereby made.] in compensation of the service of the Government of the Commonwealth of the Philippines for the fiscal year ending December thirty-first, nineteen hun dred and thirty-seven, unless otherwise stated: Sec. 3 [23]. Allotment of appropriations.—The appro priations for sundry expenses, furniture and equipment, and special appropriations for the bureaus and offices under the direct control of the President and for the Executive De partments shall be allotted, respectively, by the President and the proper Head of Department among the bureaus and offices under their respective control as the needs of the service may require. Sec. 4 [3]. Unexpended balance of salaries and wages.— Any provision of existing law to the contrary notwithstand ing, any unexpended balance of the appropriations herein made for salaries and wages of a bureau or office is hereby made available for the payment of compensation to injured employees as contemplated by Act Numbered Thirty-four hundred and twenty-eight as amended, and subject to the approval of the Department Head concerned, may be used to cover any deficit in the appropriations for sundry expenses, furniture and equipment, and special appropriations, of any bureau or office in the same Department. [Provided, That in no case shall such unexpended balance or any portion 560 GENERAL PROVISIONS 561 thereof be transferred to the credit of the Teachers’ Pen sion and Disability Fund, Act No. 3050.] Sec. 5 [13]. Lower salary shall prevail.—When the amount appropriated herein for salary of any position is larger than that [the salary] fixed [in the Classification and Standardization Act, or] in any special Act fixing the salary of the same, [a position] the latter salary shall pre vail. [; but when the amount appropriated herein for salary is less than the salary fixed in the Classification and Standarization Act, or in any special Act fixing the salary of a position, the salary fixed herein shall prevail.] Sec. 6 [15] Reduction of salaries, wages and allow ances.—The salaries, wages and allowances of all officers and employees payable from any lump sum appropriation au thorized [either] in this Act [or in any other special Act, including those payable from any special or trust fund created by an Act of the Legislature] shall be reduced ac cording to the following schedule, the reduction to be based upon the rates of salaries, wages and allowances prior to the reduction prescribed in the Memorandum Ordei' of the Governor-General, dated April 8, 1932. More than 1*1,200 a year, more than ¥100 a month, or more than 1*4 a day................... 15% ¥=1,200 a year, ¥=100 a month, or ¥=4 a day, or less, but more than ¥300 a year, ¥25 a month, or ¥1 a day.......................................... 10% Allowances .......................................................... 20% Provided, That the officer or employee whose fixed salary is ¥300 a year, ¥25 a month, or ¥1 a day or less shall suffer no reduction: Provided, further, That the officer or em ployee whose fixed salary has been reduced by 15% shall not receive less than ¥1,080 a year, ¥90 a month, or ¥3.60 a day, and the officer or employee whose fixed salary has been reduced by 10% shall not receive less than ¥300 a year, ¥25 a month, or ¥1 a day: And provided, further, That this provision shall not apply to the salaries of [those officers whose compensations are fixed in Acts of the United States Congress and also to the salaries of insular] tea chers payable from appropriations provided in this Act and contracted prior to January 1, 1933, by virtue of the provi sions of section 697 of the Revised Administrative Code, but the difference between the contract salary and the appropriation available shall be offset by corresponding savings in any item or items of the appropriation of the Bureau of Education for salaries and wages. Sec. 7 [21]. Use of lump-sum appropriations for sala ries and wages.—Hereafter, any provision of existing law to the contrary notwithstanding, whenever lump-sum ap propriations provided under the general headings [head ing] “I.—Salaries and Wages” and [salaries and wages 299089------ 36 562 GENERAL PROVISIONS under the general heading] “IV.—Special Appropriations” in this [the General Appropriation] Act are used for the payment of salaries and wages, such appropriations shall be limited only to the employment of laborers paid by the month, by the day or by the hour and of emergency em ployees other than laborers: Provided, That said emergency employees shall in no case be paid a salary in excess of 1*36 a month, nor shall their employment continue for a whole [more than one] year: Provided, further, That these limitations shall not be applicable to the National Assembly, to the Bureau of Health, to craftsmen, helpers, and other employees of the Bureau of Printing, to justices of the peace, to officers and employees of the Bureau of Public Works whose salaries and wages are payable from appro priations for projects authorized in this Act, to officers and employees of the Quarantine Service, and to emergency employees appointed on or before July 1, 1933, but said emergency employees shall not be granted promotion in salary from the date of the approval of this Act. Sec. 8 [18]. Compensation of persons receiving life pension.—A person receiving life pension, annuity or gra tuity from the Government of the Commonwealth of the Philippines or any subdivision thereof, who is reappointed to any position, the appropriation for the-salary of which is provided in this Act, [in any branch of the Government of the Commonwealth of the Philippines including the municipalities and the provinces, and who receives pay or compensation on account of such reappointment,] or a per son receiving life pension, annuity or gratuity from any fund, to which the National Government contributes with an ap propriation provided in this Act who is reappointed to any position in any province, municipality or any subdivision of the Government of the Commomvealth of the Philippines, shall have the option to receive [, during the period of such reemployment,] either the pay or compensation for the position, or the pension, gratuity, or annuity; but in no case shall he receive both: Provided, [That the provision of this section shall not affect those occupying elective positions: Provided, further,] That the provisions [contained in] of this section [and in the section immediately preceeding] shall not be applicable to employees receiving both pension and salary on the date of the approval of this Act. Sec. 9 [J-VI-6]. Employment of temporary ship’s officer or member of crew.—Whenever a ship’s officer or member of the crew whose salary is payable from any appropria tion provided in this Act, is absent on accrued leave or leave without pay, [the Secretary of Agriculture and Com merce may appoint a temporary substitute in his place if the needs of the service or the customs law and regula tions so require] the temporary substitute who may be em GENERAL PROVISIONS 563 ployed in his place may receive compensation from the appropriation corresponding to the position of the absent ship's officer or member of the crew. Sec. 10 [20]. Extra compensation for overtime work.— Any provision of existing law to the contrary notwithstand ing, the officers and employees of the Budget Office [Depart ment of Finance] below the rank of Director of the Biidget and those detailed therein from other bureaus and offices, when working overtime on Saturdays, Sundays, holidays, or during half-day sessions, and after six o’clock p. m. on regular days, in connection with the Budget and the Gen eral Appropriation and Public Works Bills, shall each be paid from any unexpended balance of the appropriations made under this Act an overtime pay at a rate to be fixed by the [Secretary of Finance] Budget Commission. Sec. 11 [30a]. Voluntary service.—No person shall be employed or appointed in the Government service under the guise of voluntary service without compensation but with privilege of reimbursement of traveling expenses and per diems payable from any appropriation herein provided, in the absence of specific position therefor or specific legisla tion authorizing the creation of such position. Sec. 12 [10]. Schedule of per diems for [insular] officers and employees of the National Government.—Based on the net salaries hereunder prescribed, per diems or actual ex penses for subsistence and lodging of [insular] officers and employees of the National Government, when traveling on official business, may be allowed only in accordance with the following schedule, any provision of existing law to the contrary notwithstanding: (a) Officers and employees receiving a salary of ^2,0^0 [Tl,530] or less per annum, a per diem of not to exceed T2 [T1J. [(b) Those receiving more than Pl,530 but not exceed ing P2,040 per annum, a per diem of not to exceed P2.J [(c)] (b) Those receiving more than P2,040 but not exceeding P5.100 per annum, a per diem of not to exceed P3. [(d)] (c) Those receiving more than P5,100 per annum and United States Army and Navy officers detailed without salary to the [Insular] National Government, a per diem of P4. [(c)] (d) Those whose rates of compensation are not stated on a yearly basis may be allowed the amount of per diems authorized for officers and employees receiving an equivalent pay on a yearly basis. Sec. 13 [30b]. Allowance for subsistence.—The provisions of this Act or any other existing law to the contrary not withstanding, no officer or employee of the [Insular] Na tional Government shall be given subsistence chargeable 564 GENERAL PROVISIONS against the appropriation herein provided, except the fol lowing : (a) Marine officers, engineers and crew of the govern ment vessels, launches, and motorboats, who shall take their meals in the mess on board the vessels, launches, or motor boats when on duty during meal time; (b) Lightkeepers who shall be furnished raw food mate rials ; (c) Those officials and employees who have been granted subsistence heretofore, at the discretion of the Department Head concerned, when required to render continuous serv ice and covering meal time at not to exceed one-third subsist ence for every meal time, allowing full subsistence when required to live within the premises of hospitals, prisons, Philippine [Constabulary] Army barracks, training schools, leper institutions or similar institution to make their serv ices available at any and all time: Provided, That said sub sistence shall be furnished in kind, requiring those entitled thereto to take their meals in the mess provided therefor and maintained at the expense of the Government and under no condition shall the same be commuted or paid in cash or given in raw foodstuffs, except as otherwise provided in this section in the case of lightkeepers, and except further that commutation of subsistence may be granted to enlisted men of the Philippine [Constabulary] Army as provided in the [Constabulary] Army regulations, and the following officers and employees heretofore allowed such commuta tion at rates not exceeding one-half of the corresponding per diems prescribed in section 12 hereof when no mess is con ducted or maintained by the institution in which such officers and employees are serving: (1) District nurses of the Bureau of Health and nurse social workers of the Bureau of Public Welfare in Manila not assigned to any particular institution; (2) Officers and employees in leper institutions; (3) The Director and Assistant Director of Prisons, physicians, pharmacists, dentists, sanitary inspectors, at tendants and nurses of the Bureau of Prisons; (4) Officials and employees of the Insular Psychopathic Hospital and Welfareville; and (5) Employees of the Bureau of Quarantine Service at thirty-six centavos daily. Sec. 1-i [9]. Allowance for use of private automobiles.— Notwithstanding the provisions of section 561 of the Admin istrative Code, no officer or employee of the [Insular] Na tional Government shall be paid any allowance, directly or indirectly, for the use of his own automobile on official busi ness, payable from any appropriation provided in this Act. [except the following: (a) those employed under Act No. GENERAL PROVISIONS 565 3431; (b) officers of the Federal Government assigned for service in the Office of the President; (c) the Secretaries and Undersecretaries of Departments; (e) the secretary and assistant secretaries to the President; (/) Directors and Assistant Directors of bureaus and offices; (g) district com manders, provincial commanders and 15 inspectors of the Philippine Constabulary; (h) superintendents of schools assigned in the provinces; (t) the chief of the sanitary sec tion and the chief of the division of provincial sanitation of the Bureau of Health; (k) the secretary and assistant sec retary of the National Assembly and the Secretary to the Speaker of the National Assembly; (Z) the medical inspec tor and surveyor of the port of the Bureau of Customs: Provided, however, That the automobile allowance author ized in this Act is subject to the regulations governing the payment of such allowance; And Provided, further, That the rate of automobile allowance shall be . determined by the proper Head of Department but it shall not exceed 1*60 per month.] Sec. 15 [28]. Availability of appropriations on rental of buildings and grounds.—The appropriation authorized in this Act for the rental of buildings and grounds for the dif ferent Executive Departments and the various bureaus and offices under their respective supervision and control shall be available only for the rental of buildings and grounds authorized by the Department Head concerned, during the year 1937 [1936]. Sec. 16 [6]. Application of appropriations.—No appro priation for “consumption of supplies and materials” au thorized in this Act shall be used for the construction of new buildings, except buildings of light materials in emergency cases: Provided, however, That in all purchases of products, materials and supplies preference shall be given to local and United States manufactures, materials and pro ducts, and only in case of a difference of fifteen per centum or more in the cost of the local or United States over the foreign imported products, materials or supplies, or in case such products, materials or supplies made in the Philip pines or United States are not available, shall it be lawful to make purchases with these funds of non-Philippine or non-United States products, materials or supplies. Sec. 17 [8]. Purchase of automobiles.—Unless otherwise specifically authorized herein, no appropriation made in this Act [for “Furniture and equipment”] shall be used for the purchase of automobile or auto jitney, or station wagon, the provision of any existing law to the contrary not withstanding, nor fund appropriated in this Act for travel ing expenses or any other purposes shall be available to purchase any automobile, auto jitney or station wagon, by the method of paying for it in installments under the guise 566 GENERAL PROVISIONS of rentals or by any other indirect method nor to pay for rental of automobile in excess of the rate provided in exist ing contract for automobile hire entered into under section 568 of the Administrative Code, as amended. [Provided, That this provision shall not be applicable to contracts duly approved prior to November first, nineteen hundred and thirty.] Sec. 18. Economy in the use of supplies and materials.— Supplies and materials including equipment purchased from any appropriation authorized in this Act shall be used ex clusively for the necessary and actual requirements of any official or employee in the performance of his official duties. In the case of gasoline and other fuel supplies and lubri cating oil f<or use of government automobiles, other motor vehicles, vessels and tvatercrafts, a detailed report shall be submitted monthly to the General Auditing Office by the official or employee responsible for the operation thereof, showing the official trips made, places visited, distance traveled, time consumed, quantities of gasoline, fuel sup plies and <oil received, quantities on hand, and such other data as may be necessary for the proper determination of the quantities of supplies actually and necessarily consumed in connection with the performance of official duties. The Auditor General shall prescribe such necessary supplemen tary rules and regulations as may be necessary for the ef fective enforcement of this provision. Sec. 19 [14] Manufacture of vaccines, sera, etc.—Any provision of existing law to the contrary notwithstanding, whenever the appropriations for the Bureau of Science become insufficient, any appropriation authorized herein for the Bureau of Health and the Bureau of Public Welfare may be used for the manufacture of vaccines, sera, and other biological products in the Bureau of Science. Sec. 20 [22]. Pensionados.—Any provision of existing law to the contrary nothwithstanding, no institution or office receiving financial aid from any appropriation contained in this Act [the Insular Government] shall send any new pensionado abroad unless specifically authorized in this Act [or any subsequent Act of the Legislature.] Sec. 21 [6a]. Reduction of appropriations.—Nothing con tained in this Act shall be construed as limiting the power of the President to reduce the expenditures chargeable to appropriations authorized in this Act for the Executive Departments, bureaus, offices and de pendencies of the Government whenever in his opinion the public interest so requires. [Whenever it shall become apparent that the income of the Government for the year 1936 will not be sufficient to cover the authorized expen ditures for such year, it shall be the duty of the Secretary of Finance to bring such fact to the attention of the PresGENERAL PROVISIONS 567 ident who is hereby authorized to reduce the appropriations made in this Act so as to effect a saving not to exceed ten per centum (10%) of the total sum authorized herein.] Sec. 22 [31]. This Act shall take effect on January first, nineteen hundred and thirty-seven [six] unless otherwise stated. [Sec. 4. Employees under contract.—Any provision of existing law to the contrary notwithstanding, no person shall be employed under contract by the Insular Govern ment unless this be authorized by an appropriation in this Act: Provided, however, That this provision shall not apply to persons employed under Act Numbered Thirtyfour hundred and thirty-one.] [Sec. 5. Disposition of old government vessels.—Upon rec ommendation of the proper Head of Department, the Pres ident is hereby authorized to order the sale of any old government vessel which is no longer needed by the Gov ernment. The sale shall be made by the Auditor General at public auction or otherwise under the terms most favor able to the Government, in which latter case the sale shall not be effective until it has been approved by the Pres ident.] [Sec. 11. Inhibition against increase in salary.—No pro vincial auditor, district health officer, justice of the peace, or any other official or employee paid in whole or in part from insular funds shall, during the year 1936, receive an increase in salary due to the reclassification of provinces and municipalities neither shall the number of deputy sheriffs be increased on account of such reclassification, the provisions of existing law to the contrary notwithstand ing.] [Sec. 12. Simplification of government organization.—For the purpose of promoting efficiency and effecting economy in the service, the proper Head of Department is hereby authorized to eliminate any activity which is not indis pensable, transfer any activity from one division to another, add a new authorized activity to any division, or consolidate into one or more divisions all activities and functions of a similar nature of the different bureaus and offices of the Department: Provided, That no transfer, addition, or con solidation shall be made if it will result in duplication of work: Provided, further, That the personnel of such di visions, sections, or services as may be placed under the immediate supervision of the Department Head, in accord ance with the provisions of this Act shall be subject to all the provisions of the Civil Service Law, rules and regula tions governing the classified service: And provided, fin ally, That no new activity, division, office, or unit in any branch of the Insular Government shall be created; and any activity, division, office, or unit which may be suspended 568 GENERAL PROVISIONS or abolished in this Act or in any other Act shall not be revived or recreated except by appropriate legislative enact ment.] [Sec. 16. Reduction to be made on actual salary.—When ever an employee is not receiving the maximum salary au thorized for his position, the salary which he is actually receiving shall be reduced in accordance with the schedule prescribed in section 15 hereof, unless the salary stated in the appointment is declared to be net.] [Sec. 17. Abolition of additional compensation.—Any existing act, rule or order to the contrary notwithstanding, no full time officer or employee of the Governemnt shall hereafter receive directly or indirectly any kind of additional or extra compensation or salary including per diems and bonuses from any fund of the Government, its dependencies, and semi-government entities or boards created by law, except (a) officers serving as chairmen or members of boards of entities and enterprises organized, operated owned or controlled by the Government, who may be paid per diems for each meeting actually attended or when on official travel; (b) auditors and accountants; (c) provincial and municipal treasurers and their employees; (d) em ployees serving as observers of the Weather Bureau; and (e) those authorized to receive extra or additional compen sation by virtue of the provisions of this Act. This section is hereby made permanent legislation.] [Sec. 24. Repeal of section 12 of Act No. 2935.—Section 12 of Act No. 2935 is hereby repealed provided that ad vances of the cost of instruction made heretofore shall be liquidated in accordance with the provisions of said section 12 of Act No. 2935.] [Sec. 25. Reversion of appropriations.—Any unexpended balance of any appropriation herein made or of any appro priation hereafter made by special Act shall revert to the unappropriated surplus in the Insular Treasury at the end of the year in which it was enacted and shall not be avail able for expenditure except upon subsequent appropriation by the Legislature, unless otherwise specifically provided in said Act. This section is hereby made permanent legisla tion.] [Sec. 29. Payment of retirement gratuities to officers and employees whose positions are abolished in this Act.—Any person who up to and including December 31,1934, occupied a position eliminated from the General Appropriation Act of 1935, shall be considered retired from the Government service and shall be given a gratuity equivalent to what he would get if he were retired under Act No. 4051: Pro vided, That his years of service shall be computed to De cember 31, 1934.] [Sec. 30. Payment of gratuity for officers, employees or laborers in the Department of Labor who may be retired or GENERAL PROVISIONS 569 separated from the service as a result of any reorganization in that Department.—Any officer, employee or laborer who may be separated or retired from the service as a result of any reorganization that may be effected in the Depart ment of Labor or in the bureau or office under it during the years nineteen hundred and thirty-four and nineteen hun dred and thirty-five may be granted gratuity in accordance with the provisions of Act Numbered Forty hundred and fifty-one which is hereby revived in so far as said officer, employee, or laborer is concerned: Provided, however, That the positions of officers, employees or laborers so re tired shall not be filled except those which may be filled under Act Numbered Forty hundred and fifty-one.]
pages: 560-569