Instructions on internal affairs

Media

Part of The City Gazette

Title: Instructions on internal affairs
Creator: Laurel, Jose P.
Language: English
Source: Volume II (Issue no. 5) March 1, 1943
Year: 1943
Subject: Government agencies—Philippines; Management of government agencies; Delegated legislation
Rights
Fulltext: Instructions On Internal Affairs By JosE.P. LAUREL Commissj,oner of the Interior ·. GENERAL OBSERVATIONS Centralization of power and authority A DMINISTRATION is a question of understanding and intelligent execution. For reasons which experience must have made obvious to you,. the present Government has deemed it wise and salutary to adopt as one of its basic policies centralization of power and responsibility. This new system marks a momentous change. It has many advantages. For one it has strengthened, solidified, and greatly simplified the once hopelessly complicated system of local government. The result has been economy, efficiency, and dispatch. In conformity with this innovation, provincial and local governments, ·together with the Bureau of Constabulary, have been placed under the direct executive control and administrative supervision of the Department of the Interiior. In other words, the Central Administration has designated this Department as the instrumentality charged with the responsibility and vested with the corresponding authority to maintain peace and order throughout the land. You have a share of that authority and responsibility in your respective spheres of action. Provincial governor is the chief executive of the province From a total perspective, as it were, there appears to be no such thing as division of authority. Singleness of command implies singleness of responsibility. These days are such that there should be no dispersion or duality in the exercise of authority in a given province, that is to say, there can be no two heads of the provincial administration. There must be, there should be, only one who shall be responsible for the proper governmental functioning and the maintenance of peace and order within the province. This one official is the provincial governor. The provincial governor exercises general supervision and control over all Constabulary forces in his province although this is done through the senior inspector. This is advisedly provided for in Article 1, par. 9, Executive Order No. 29. Provincial governor solely responsible for success or failure of the provincial administration Because he is the provincial chief executive, the Central Government holds tlie provincial governor solely responsible for the success or failure of the administration in his province. He is the official directly answerable to the Commissioner of the Interior for the performance of the functions assigned to him by law. Provincial governors who do not · live up to the required standard of efficiency, earnestness and loyalty, should be ready to be relieved to give way to better men. Provincial governor strictly accountable for maintenance of peace and order In the administration of the province, especially in the maintenance of peace and order, the Central Administration holds the provincial chief executive to strict accountability. From him it will accept no excuse for his failure to do his duty or to achieve the desired results, in accordance with the plan outlined by the Central Government. For that matter, the provincial governor must be a man of initiative. He should not adopt a lukewarm attitude but he must exert a positive effort towards the pacification or conversion of recalcitrant elements and the dissemination of essential information concerning the paramount national policy of .the Government. He should bring home to the mind of every Filipino man, woman and child that the maintenance of internal peace and security is the crucial test of our capacity for selfgovernment. This is only proper. For a country which cannot maintain peace in its own territory is not entitled to govern itself. He should be able to impart to the masses the fundamental idea that if they really love freedom, if they wish to be governed by their own people, they must live in peace and cooperate unhesitatingly and unconditionally with the present administration. The best thing for the Filipinos to do now is to engage in the work of reconstruction. It should be made crystal clear that, whether from the standpoint of politics~ ethics or economics, the principles of co-existence, cooperation and co-prosperity upon which triangular foundation is premised the establishment of a Greater East Asia Co-Prosperity Sphere, are conditions sine qua non of any just and lasting social order. The repeated pronouncements of Premier General Hideki Tozyo that Japan will grant independence to the Philippines within the shortest possible time is by necessary implication conditioned upon the restoration of internal peace and order, as well as upon active demonstration of further tangible evidence of cooperation with the Japanese Empire in the establishment of the Greater East Asia CoProsperity Sphere-the sacred mission for which the great Japanese Empire was willing to stake her all through the mighty and decisive arbitrament of arms. [ 157] Submittal of reports required by the Japanese Military Adminis,ration Just now, there are many reports required by the Japanese Military Administration which are very important, among which are reports on radio receiving sets. and radio repairers, registration of former members of the USAFFE, intelligence reports, and weekly and monthly reports on peace and order. Many officials are remiss in the submission of these reports and their attention is hereby called to the necessity of complying strictly with the instructioris given on these matters. With reference to the submission of reports on peace and order, the present regulations on the point are defective. Now, both the provincial governor or city mayor and the senior inspector of Constabulary submit separate reports to the Department Head through their respective Bureau chiefs. In many cases the report of the senior inspector is duplicated by the report of the provincial governor, or vice versa. In other cases, the provincial governor, as a matter of routine, is satisfied in stating in his report that peace and order conditions in his province are normal, whereas, in sharp factual contrast the senior inspector mentioned in his report covering the same period a number of grave crimes and activities of recalcitrant elements. This is anomalous. There can not be two different reports on peace and order from any given province. To do away with these inexcusable inconsistencies, it is necessary and it is so directed that only one single, coordinated report on the conditions of peace and order in a given province be submitted. That report should be submitted by the governor directly to the Department of the Interior, after consultation with the senior inspector of Constabulary, and after obtaining such information as he may deem pertinent from the different municipal mayors. The original should be sent to the Department and copies furnished the Bureau of Constabulary and the Bureau of Local Governments. In other words, from now on only the provincial governor will submit weekly and monthly reports. The senior inspector may, in cases of far-reaching or military importance, accomplish the customary intelligence report. The regulations on this matter will be revised accordingly. Surrender of firearms and ammunition A definite menace to the peace and tranquillity of the people is the clandestine possession of firearms and ammunition by the civilian population in practically all the provinces of the Islands. As long as there are numerous firearms either hidden or in the hands of private individuals so long shall there be a direct threat and menace to public peace and order. The confiscation or peaceful surrender of such firearms is, therefore, a primordial consideration in the task of restoring peace and order. In every province, a campaign should be waged without let or hindrance for their peaceful surrender or their confiscation, but emphasis must be laid on their peaceful surrender. I shall await with eagerness practical suggestions from you, gentlemen of the convention, on this matter. Organization of vigilance committees As a necessary incident of our fundamental con- . cern for the complete restoration of peace and order, I urge you to study the feasibility and forthwith take the necessary steps for the creation of vigilance committees in the different municipalities and barrios, independent of the district and neighborhood associations, for the purpose of insuring the protection of law-abiding citizens from possible depredations of the criminally inclined. Instructions with regard to this additional organization will be issued by the Department of the Interior through the Bureau of Local Governments in the near future. Appointments to the service must be made purely on merit Political parties in the Philippines have already been abolished. Politics has no more place in the government service. For this reason and to preclude any charge of discrimination or favoritism, appointing officials should recruit men for employment, either for clerical jobs or for positions on the public works, on the basis of merit alone, disregarding entirely past political affiliations. Cooperation 'With the Kalibapi A nation-wide movement for the establishment of the New Philippines is being undertaken by the Kalibapi. This is a popular organization for service to the nation. The movement should merit the full support and cooperation of every Filipino. The provincial governors and local officials, when called upon to act in the promotion of that movement, should wholeheartedly accord the necessary cooperation. LOCAL GOVERNMENT Relationship between the provincial governOT and the national officials in the province and other provincial employees I have already emphasized the fact that the provincial governor is the head of the provincial administration. Provincial officials, paid out of provincial funds and also the officials and employees paid ' out of funds of the Central Administration, are under him subject to such conditions and limitations as may be determined by the Central Administrative Organization, through the Commissioner of the Interior. Any conflict between the governor and any representative of the Central Administration should be reported to the Commissioner of the Interior for action. I have also indicated the important, however subordinate role of the senior inspector of Constabulary with respect to the provincial governor. The senior inspector must not attempt to check or limit the provincial governor in the use of the Constabulary forces for the purpose of maintaining peace and order. This state of official responsibility will not [ 158] of course, excuse the senior inspector from incompetence or inefficiency in the discharge of the duties assigned to him by law. Nor will such arrangement justify any abuse on the part of either the provincial governor or the senior inspector in the employment of the armed forces of the Central Administration. For any such delinquency, administrative action will be taken to its full extent against the guilty official. Officials and employees not to engage in private business At this period of reconstruction and rehabilitation of the country, it is imperative that all officials and employees in the government service devote their full time to the particular duties and activities assigned to them by law. For this reason, it is the policy of this Department not only to eradicate such evils as may have existed in the past on this matter but also to see that the guiding principles on the spiritual renovation of the race are faithfully observed. With this purpose in mind, this Department has issued Order No. 10 prohibiting officials and employees from engaging in private business, strict compliance with which is enjoined. It is highly unjust and unethical for a government official to compete with private individuals in business, whether openly or stealthily by hiding himself behind the veil of silent partnership. His official position will readily enable him to cripple if not to kill the business of private individuals. An office is essentially a public trust. The theory is that a public official receives enough compensation from the government to enable him to live and let live. He is paid from public funds not with a view to letting him amass a private fortune, but in order that he ·may serve the public and fulfill the social function of helping others obtain the necessary means of livelihood. Pf'ovincial govef'nof's and city mayors to secuf'e the permission of the Department ·befof'e leaving their f'espective jurisdictions Owing to the abnormal conditions existing in the country, provincial governors and city mayors have been given instructions not to leave their respective jurisdictions without the previous approval of this Department. The reason behind this is to keep this Department informed of their whereabouts whenever they are out of their respective jurisdictions, to insure their presence at all times in their provinces and cities where they may be needed urgently, and to enable them to report at first hand on whatever is going on in their respective territories. At the same time, when they come to Manila on . official -business, they should invariably register in the office of the Department and in the Bureau of Local Governments so as to facilitate the location of their whereabouts in the city. Once in Manila, they shall have free access and preferential attention in conferring with the Commissioner of the Interior and also with the Directors and responsible officials of bureaus and offices under the Department. Inspections by provincial governors and city mayors The work now required of provincial governors and city mayors is more intensive and extensive on account of the national program of reconstruction being undertaken by the government. It is therefore imperative for the accomplishment of the task at the earliest moment possible that these officials make frequent inspections of their respective territories in order to enable them to follow up with vigor the different activities being undertaken calculated to enhance the well-being of the country. The provincial or city executive is not supposed to remain in the capital as if he were a permanent fixture there. It is an important and in a way an exhilarating feature of the functions of governors, whenever circumstances permit, to vist the different municipalities and barrios under their jurisdiction. In these inspections, they should confer with the local officials, including barrio lieutenants, to ascertain the problems and difficulties actually confronting them in their administration so that, if possible, they may be solved right then and there, thereby promoting efficiency in the public service; at the same time they should keep themselves well-posted by making inquiries as to the grievances of the people, if any, so that they may be able to take appropriate action. Periodical conferences with provincial and city olfi,cials · The provincial governor and/ or city mayor should hold conferences as often as possible with the chief officials of the provincial or city government. Problems and difficulties may be met and solved promptly by this method. Besides avoiding misunderstanding, these conferences will help much in establishing harmony and fostering mutual confidence and respect. Submittal of appointments So that local governments may be fully reestablished and be able to function immediately in those places where there is need therefor, it is necessary that provincial governors submit without delay their recommendations for the appointment of: (a) members of provincial boards, (b) municipal mayors, (c) municipal treasurers, (d) councilors, and (e) chiefs of police. As the local police forcees have not yet been incorporated into the Constabulary, the chiefs of police are at present appointed by the Commissioner of the Interior. The provincial governors are therefore enjoined to base their recommendation on seniority and civil service qualifications and to avoid nepotism . Administrative cases against municipal mayof's Provincial governors should get in constant touch with the local officials, particularly the municipal mayors, and submit to this Department the names of mayprs who are not active or efficient so that appropriate action may be taken. [ 159] In administrative cases against mayors of mun1c1palities, Executive Order No. 43 requires that where the respondent is under suspension the investigation shall be terminated within twenty days and the complete record of the case, with the comment and recommendation of the governor, shall be submitted to the Director of Local Governments. As the prior law prescribed different periods in conriect.1on with such cases, it is desired to invite particular attention to the period of twenty days .· fixed in the Executive Order within which the investigation in cases where the respondent has been suspended, must be terminated. To avoid delays in the disposition of cases of this nature, the provincial gover!l.ors should not fail, in submitting the same to the Director of Local Governments, to give his comment and recommendation thereon and see to it that the records thereof are complete. Regulation of Games and Amusements The Department of the Interior has been informed that many provinces are not enforcing the provisions of Executive Order No. 95 with reference to games and amusements. The Department of the Interior is in sympathy with the need of the people in the provinces for wholesome amusements, but at the same time, playgrounds and recreation centers are placed under necessary supervision so that they may not be converted· into cesspools of vice and immorality or hotbeds of subversive activities. Efforts should, therefore, be made to enforce the provisions of Executive Order No. 95. In this connection, the provincial governors should comply with the requirement imposed upon them by Executive Order No. 95 to submit to thie Department the government's one (1%) per cent participation of the gross receipts realized from boxing contests and exhibitions. There is a marked tendency among municipal mayors with the concurrence of their respective governors to promulgate ordinances prescribing lower license fees for the operation of cockpits contrary to the policy adopted by this Department with regard to this matter. This state of affairs should be immediately corrected. Submittal of annual budgets The legal fiscal year of the provinces is now different from that of the Central Administrativt Organization. In this connection, the provincial governors and city . mayors should make a study of the advisability of having the fiscal period of the local governments run concurrently wi";h that of the Central Administrative Organization. THE CONSTABULARY The Constabulary ia under the direct Of'ders of the Commissioner of the Interior The necessity for the organization of the Constab,,, ulary, especially at this time, can hardly be overemphasized. You, gentlemen, know why the Constabulary was created. It was organized for the purpose of restoring peace and order where it has been disturbed, and maintaining it wherever it has been restored. It should be clear to you by now, without need of any elaboration, that conditions which call for a peace and order organization like the Constabulary are graver in time of war than in time of peace. Correspondingly, the responsibilities and duties of the Government as a whole are greater. The Department of the Interior, being the instrumentality of the Central Administration responsible for the maintenance of peace and order, has in these days increased responsibility and authority. The task of maintaining peace and order is an all-spaqe and all-time problem covering as it does the whole length and breadth of the Philippines, and requiring the devotion of every Filipino, every official of the Government. The times demand the centralization of powers, to be wielded with a strong, firm and determined hand to insure quick decision, prompt action and positive results. Consequently the task of maintaining peace and order cannot very well be executed if the local governments and the Constabulary are not placed under the direct supervision and executive control of the Department of the Interior. By virtue of such supervision and control, the senior inspector, as well as the provincial governor, is under the direct orders of the Commissioner of the Interior. Establishment of a uniform system of Constabulary organization It is the policy of the Department of the Interior to establish only one uniform system of Constabulary organization so that eventually the municipal police will have to give way to this uniform system of the Central Government. Some of the members of the police forces in the different municipalities have been incorporated in the Constabulary without having undergone any training in the Constabulary Academy. These men will be required to undergo that training, but for the purpose of determining those that have been incorporated, it is necessary that survey be made by the provincial governor and a report thereorr submitted to the Department of the Interior so that proper steps for their training may be taken and the privileges to which they are entitled may be extended to them and their families. It is expected that the provincial governors, upon their return to their respective provinces, will conduct the su1Yey and send the proper report to this Department as soon as possible in order to facilitate the desired integration of the entire police system in the Islands. Filling of Constabulary quotas It is possible that in certain places, the provincial governors and city mayors will meet with difficulty in furnishing the required manpower for the Constabu..; lary. Some amount of explanation and appeal may have to be resorted to by the governor or mayor. It is necessary that they familiarize themselves with the organic act of the Constabulary, the advantages, [ 160] compensation, and above all, the public service that these prospective peace officers ·'will render the country. Under the present plan, each province is assigned a quota of the Constabulary forces. It is but fair and proper that each province should be required to supply at least that same quantity of manpower to the Central organization. This means that if the quota assigned to a given province is 300, the governor should exert efforts to send to the Constabulary Academy for training at least the same number of men for that purpose. Selection of trainees for Constabulary Academies Information has been received that many of the trainees sent to Manila by provincial governors and city mayors have been rejected because they were found suffering from ailments which not only render them physically u,nfit to undergo instruction or service in tlie Constabulary but also endanger the health of other trainees. As a result of this, the Government, to say nothing of the persons, concerned, has been put to an unnecessary expense and trouble. In order to avoid such inconveniences in the future, provincial governors and city mayors should exercise utmost care in the selection of trainees. Efforts should not be spared to secure for trainee instruction only those meeting the requirements heretofore preset ibed for this purpose by the proper authorities. While the provincial governor is mainly responsible for the filling of this quota, and will answer for any inability to fill such quota, the senior inspector can be called upon by, and must do his all to help, the provincial governor in discharging this duty. The selection of these men must be based principally on quality. They must not be merely the average in the province, but must be men of whom the province can be and may well be proud. Creation of an economic corps within the Constabulary The great problem brought about by the present world conflict is economic. The Central Administration, through the proper agencies, has fixed the prices that must be charged, especially with reference to the prime commodities of life. At present the prices in the market are so high that the necessaries of life have been placed beyond the reach of the individual with an aver~ge income. This accounts for the continuous flow of justified complaints against the distribution of prime necessities by the Government. So long ,as these prices remain at their present skyhigh levels, so long as the prices fixed by the· proper agencies of the Central Administration are not enforced, as long will the poor become poorer and more wretched in their manner of existence. It will be necessary, therefore, to create within the organization of the Constabulary, not only in the Bureau but also in the forces in each province, a group of 1757-3 specially trained men, qualified to deal with the economic problems, to enforGe laws and admjnistrative measures, particularly and especially with refe·rence to price control and profiteering. This aspect of law enforcement must be entrusted to men who fairly understand this economic phase of law enforcement and are thoroughly familiar with the iaws and regulations enacted for that purpose. A definite plan will be evolved· to carry this objective into effect. Spiritualization of the Constabulary It is the aim of the Department of the Interior to impart greater spiritual vigor to, and awaken pride of membership in, the Constabulary through the ap"." proval of measures necessary to achieve that end, such as the adoption of a service Code or Code of Ethics, the setting up of a Constabulary Day, the preparation of a Constabulary hymn, and the periodical assembly of the organization force with a view to improvement, and the adoption· of such suggestions as may be necessary in the interest of the organization. RELIGIOUS AFFAIRS Supervision of the activities of religious organizations in all cities and municipalities For the preservation of peace and order it fr, necessary to enforce close supervision over the activities of all religious organizations in the various cities and municipalities so that the Bureau of Religious Affairs may take appropriate action against religious cults which are subversive of public ord~r or destructive of good customs and sound traditions. Under Executive Order No. 47 all religious organizations are required to register themselves, their members and their properties with the Bureau of Religious Affairs. The Bureau is empowered by the aforesaid Executive Order to give due authorization for the organization and establishment after February 27, 1942, of other religious corporations or orders. As it is not expedient, for the present, to send inspectors of the Bureau to the provinces, it is 'requested that the provincial governors, ~ity mayors and senior inspectors help in the dissemination of the foregoing information cind in reporting violations thereof to the Director of Religious Affairs. Other matters which may be reported to the Director of Religl~us Affairs are: (a) Solicitation .and/ or collection by religious organ~ations of alms or contributions in violation of Executive Order No. 35; (b) Holding of processions by religious organizations without complying with the provisions of Executive Order No. 39, as amended by Executive Order No. 96; (c) Celebration of marriages by priests or ministers not authorized by the Bureau to solem:nize marriages, as well as abused by ecclesiastics in the celebration of marriages; and (d) such other matters that should be brought to the attenion of the Bureau of Religious Affairs by virtue of its power of supervision over all religious orders or organizations. [ 16i J CENSUS AND STATISTICS Prompt submittal of reports on the registration of aliens, births, marriages, and deaths, to the Bureau of the Census and Statistics The provincial governors and city mayors are requested to call the attention of the city and municipal treasurers to the necessity of submitting punctually reports regarding the registration of aliens, births, marriages, and deaths, in their respective municipalities, to the Director of Census and Statistics and Civil Registrar General. Campaign for the sale of the Economic Census of the Philippines By instruction of the Chairman of the Executive Commission in a letter addressed to the Commissioner of the Interior on December 12, 1942, the Bureau of the Census and Statistics, together with the Bureau of Printing, was asked to promote the sale of at least 2,000 copies of Volume IV of the Census of the Philippines and a similar number of other volumes. The provincial governors and city mayors are, therefore, urged to have their respective provinces and cities as well as the municipalities of each province requisition such volumes of the Census as their finances will permit. Volume IV, entitled the "Economic Census", is the most significant of the whole set, containing as it does the cross-section of the economic conditions of the country in terms of figures. The mastery of this volume, incidentally, will go a long way towards the devising of ways and means for the attainment of economic self-sufficiency, which is one of the three cardinal points stressed by the Director General of the Military Administration for the fulfillment of Premier General Tozyo's pledge to grant the Philippines her independence in the shortest possible time. UNEMPLOYMENT PROBLEM Creation of the Bureau of Employment By virtue of Executive Order No. 118, the Bureau of Employment has been created in order to relieve the acute unemployment situation all over the Islands and to find ways and means of inducing the idle to pursue gainful or productive occupations. The Bureau has just been organized and has already started functioning. It has submitted to the Department of the Interior, for approval, a proposed administrative order containing rules and regulations to secure coordination of the work of the Bureau of Employment and of the provincial governors and city mayors to solve the unemployment problem in their respective jurisdictions. Specific instructions covering important matters involved will soon be issued for the guidance of all concerned. In the meantime, the provincial governors, city mayors and senior inspector::; present at this convention are urged to give the problem of unemployment serious thought and _,ubmit suggestions on how to carry out most effectively the aims and purposes of Executive Order No. 118 so that the gospel of work may gain the widest acceptance and at long last find fruition. CONCLUDING REMARKS The foregoing observations and instructions are calculated not only to streamline the org~nization of the local governments and the Constabulary, to promote their usefulness and efficiency, and to coordinate their work with the other branches and instrumentalities of the Central Administrative Organization in the provinces, cities and municipalities; but are also designed to mobilize all the <:'.gencies of the Department of the Interior and galvanize them into action so that they may be able to contribute their all to the construction of the national edifice envisioned by Premier General Tozyo as a wot:"thy member of the Greater East Asia Co-Prosperity Sphere. You are the builders of the new Philippines. As you go out into your respective fields of endeavor, I want you to realize that each and every one of you, as well as each and every one of your- subalterns down to the lowliest police officer and barrio lieutenant, are not m~re cogs in the wheel of the governmental machinery but are conscious, active, self-respecting units, each with a definite task to perform for the honor and glory of the Filipino Nation. [ 162]