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extracted text: EXECUTIVE DETERMINATION NATIONAL ALLOTMENTS FOR SPECIFIC PROJECTS NEED NOT BE TAKEN UP IN RROVINCIAL BUDGET.-Your supplemenfal budget No. 25, road and bridge fund. is not necessary as the national allotments therein taken up are for specific projects and they do not need· budgetary action on your part in accordance with the provisions ·of Section 310 of the Manu'l! of Instructions of Treasurers. letter dated July 6, 1947, of Undei·secretary of Finance to Provincicil Boai·d of Lanao. DESIGNATION OF PROVINCIAL BOARD MEMBER TO PERFORM MI· NISTERIAL DUTY-REQUISITES. - With reference to your Resolution No. 973, current series, authorizing· members Ramon Soler and Ramon lngente of that body to make a trip to Mani!~: beginfil'ing September 6, 1946, for the purptlse therein stated, attention is· invited to Section 2096 of the Revised Administrative Code, which provides that "either elective Member may be required, for the time specified in such resolution, to perform the d·:.ities of any provincia.I officer or to perform any ministerial duty required by the Board." This provision of the law has been construed to mean that only one member may be so designated at a time and for a specified period. Our records show that Member lngente made a trip to Manila covering the pe· i·iod from September 6 to 10, 1946. iAs evidently said trip was made pursuant to the ·above-mentioned resolution, the same resolution is hereby approved under Section 2096 of the Administrative Code insofar as Mr. lngente is concerned. Hereafter. in making similar deeignation, the inclusive period of such designation should be given in the re· solution as required by the law mentioned herein.-Letter dated Sept. 24, 1946 of Sec. of the Int. to the Provincial Board of Quezon. RURAL POLICEMEN, STATUS OF.-The municipal police force conSEPTEMBER, 1949 templated in the Revised Administrative Code refers only to members, re• gnlar or special, who have beeen duly appointed pursuant to Sec. 2259 of the Revised Administrative Code and Executive Order No. 175, s. 1938. Rural policemen are those who assist. in the maintenance of peace and order in. their respective localities. More . or, leRs, they fall in the category of temrorary policemen who are generally appointed with the nominal salary of· f'l.00 per annum, although they may receive aid in the form of cash; riCe· and other foodstuffs voh:1ntari.l;V donated by civic-spirited inhabitants of the. municipality when authority .. to st· licit ·ontr;bution Las been previously · se<;ured from proper authorities '(Par. 2 &r, ·firov. Cir. (Unnumbered)'· dated· 31 l\~a::ch 1947). Their designation aa such rural policemen carries with it· no police authority of any. kttitt-:+""D.n, the query whether rural police; falls. within the purview of the murticipaf police as defined in the Revised Admi~' nistrative Code, the answer ,is in the negative.-Opinion of Staff Judge Advocate of the Philippine Constabulary quoted in 3rd Ind., Oct. 23, 1948 of the Chief of Constabulary to the Sec. o.f the Interior. MINIMUM STANDARD AREAS FOR INTOW1 N PARK, PLAZA AND SCHOOL SITES. We are.recommending a minimum standard· of two hec~ares per thousand population to be set aside for in town park and plaza pur·' poses. exclusive of playgrounds and playfie!ds. An elementary school site for a neigborhood unit having a population of 5,000 should be centrally located. It should contain an area of at least one and one-half hectares (1.5 Ha.) and should be so located that chi-1dren would not have to pass through roads traversed by heavy traffic.From 6th Incl., Nov. 15, 1946, of Adviter to the President on Planning to the Sec. of the Int. PETIT CARNIVAL AND BEAUTY CONTESTS, HOLDING OF BY MUNPage 451 ICIPALITY CANNOT BE AUTHORIZED.-Respectfully retuirned to the Provincial Board, Dipolog, Zamboanga, inviting attention to •the attached cop· y of the Znd Indorsement, dated November 11, 1946, of .the Auditor General, regarding the holding of carnival ; to Executive Order No. 20, series of 1907, prohibiting public officials and emplo_yees from taokin~ part directly or indirectly in the solicitation of voluntary contributions, and to Adminio0 '.rative Order No. 11, dated June 4, 1936, prohibiting public offcia· !s and employees from taking part directly or indirectly .in beauty, popqlarity and other contests. In view thereof, favorable con· Eideration of the proposed holding by tho municipality of Pagadian of petit c:irnival and beauty l:onte~ts and the &olicitation by municipal officials and employees of voluntary contributions for that purpose cannot be given by this Department.-lst Ind., March 12, 1947, of Sec. of the Int. AUTOMOEILE . A L,L 0 WAN CE, WHEN MA.Y BE G~ANTED.-It appears from the attached Resolution No. 144, cnrrent series of that body that the automobile being utilized by the G?rovincial Governor in his official travels is government-owned. For this l'cason. allowance therefor is not neCi:!ssary, inasmuch as under the provisions of Executive Order No. 172 series of 1938, as amended by Executive Order No. 51, current series, said vehicle should be operated under the provinci~I garage, and the salary of the driver from the garage fund. In other words, .transportation allowance may be granted only at the rates provided in said Executive Order, if the official concerned owns an automobile. In this case, the official concerned has to employ a driver and pay the Ilocos Sur's District Mayors Page .C52 THE LOCAL GOVERN~1ENT REVIEW sa!ary .thereof as well as the gasoline consumed and the maintenance of the car out of the allowance granted him. -3rd Ind., May 2, 1947, of Sec. of the Int. to the Pro11incial Board of Bulacan. DONATION OF' GOVERNMENT :FUNDS IN RECOGNITION OF SERVTCE TO PROVINCE NOT AUTHORIZED BY LAW.-Respectfully returned t.., the Provincial Board, Naga, Camarines St·1r, regretting that favorable action cannot be taken ·by this Department on the proposition made in its attached Resolution No. 653, current se1·ies, to donate the amount of 1'500 to Mr. Roque Albn, principal of the Camarines Sur High School, in "recognition of his work and service" to the pro,·ince, there ·being "no la\,. sanctioninq" the proposed donation.-lst Ind., No. 21, 1946, Sec. of the Int. PAYM.~ STER :.~ND INSPECTORC H E C KE R , EMlf!LOYMENT OF CHARGEABLE AGAINST THE ENGINEERING 1FUND.-This Department can not view with favor the perm~ment appointment by a Provincial Treasur~r of a paymaster or by a Provincial Auditor of an inspector-checker, whose salaries will be chargeable against the engineering fund. The legality of such appointments is open to serious doubts. But the principal reason for this view is that the engineering fund is a specia.I fund, which may be spen1t exclusively for the particular purpose or purposes for which it has been created. The expenditure of that fund for .the payment of salaries of em· ployees or laborers appointed by officials other than the District Engineer is not among those purposes. However, it is a matter of common knowledge tha.t in not a few cases the general fund of a province is not sufficient for the purposes for which it has been created while ordinarily the engineering fund is more than enough to meet the expenses of the Di~:trict Engineer's Office. Consequently, there are times when. for laclc of necessary personnel, the Office of the Provincial Treasurer is unable to pay on time the wages of laborers of the District EnSEPTEMBER, 1949 gineer and the office of the Provincial Auditor is delayed. in the checking and in~pection of materia.ls and supplies for public works and in the latter the exe-' cution of public works projects suffers' delays that are damaging to the public' interest. It would, therefore, seem obvious that, in the interest of the public welfare, District Engineers may agree, under proper limitations and conditions, to the expenditure of the engin· eering fund for the payment of salaries and/or wages of employees or laborers appointed by the 1 PJrovincial Treasurer or Provincial !Auditor and whose duties are discharged in. connection with the activities of the of· fire of the District Engineer. If the District Engineer of a particular prov~ ince co:: siders that the engineei-ing: fund thereof is more than sufficient to meet the expenditures o{ J1is office and its general fund is not suffici~J)t to serve the purposes for which it ha~. been created, this Departme.nt wql',not object to his agreeing to the expeiJ..d.i.~ · ture of the engineering fund for,. t'he payment of the salaries of a p,ayllla.!\ter aµpointed by the Provincial 'rrea;!!1.1r(lr and inspector-checker appoiirited by t~~ Provincial Auditor. However, for ob· vious reasons, such arrangement ca~·. be of a .temporary nature only. It ~hould l:e made only when ~he engineerin\! fund is more than sufficient to meet the expenditures of the Office of 1he District Engineer and the general fund is insufficient for the purposes for which it has been created, and the appointments of the paymaster and· ~he inspector-checker should be effective only as long as these conditions exist and their duties are principa\.ly per~ formed in connection with the ac'tivi· ties of the .office of the District Engineer. In view of what has been stated. where the arrangement above described· is agreeable to the District Engineer' of a particufar province, he should see to it that the appoin:tments issued by the Provincial Treasurer and the 'flrovinrial Auditor expressly state that they Page 45~ shall be effective only as long as he, the District Engineer, does not certify that the interests of his office demand that the effectivity of those appointments ceases.-22nd Ind., April 21, 1947 of Sec. of Pubilic Works and Communica.tions to .the Director of Public Works. P 0 L I C Y ON NAMING OF SCHOOLS.-Respectfully returned to the Honorable, the. Secretary of Instruction, Manila. This Office has consister.tly adhered to the policy of nam· ing the school after the barrio, town, or city in which it is located, as it is believed that this is the most practical way of identifying and locating a school. It is, therefore, regretted that this Office cannot indorse favorably the changes in the names of the schools referred to in the attached Resolution No. 10 of the Municipal Council of Santo Tomas, La Union. This, however, should not be construed as a lack of appreciation and reverence for the Filipino heroes in whose honor the f'ehools listed are to be re·named.-4th lnd., June 5, 1947, of l)irectoi· of Education. DISTRl\BUTION OF F 0 R E ST CHARGES, DOCUMEN11ARY STAMP TAXES, RESIDENCE TAXES AND JUSTICE OF THE PEACE FEES.F'orest charges and documentary stamp taxes are among those included in the general allotment of internal revenue taxes under Seetion 363 of the National Internal Revenue Code, as amended by Section 8 of Commonwealth Act No~ 586. Under said Section of the Code, as· amended, municipalities do not receive any share in said collections. Residence taxes are allotted under Section 8 of Commonwealth Act No. 'Hi5, as amended by Section 8 of Commonwealth Act No. 586, by virtue of which municipalities receive as share under their general fund, 255{ of the total collections of residence taxes, in proportion to the population of each municipality as shown by the Official Census of 1939. Justice of the peace fees accrue to the National Government with certain exceptions. The collection and disposiPage 454 tion of these fees are provided in Section 8 of Act No. 2041 and Sections 225, 226, 2751 and 2752 of the Revised iAd• ministrative Code (Act 2711). Unless, .therefore, the above stated provisions of laws are amended. this Office sees no way whereby the present distribution of said taxes and fees may be changed. 3rd Ind., April 21, 1947, o.f Collector of lnternEil Revenue to the Sec. of Finance. SALARY PERCENTAGE ALLOWABLE, NATIONAL 1 AIDS TO REPLACE LOCAL RE.VENUE CONSI· DERED· IN DETERMINATION O!F. - National aids granted to the local governments to help them meet their ordinary expenses for essential services are to be considered for the purnoses of Section 2299 of the Administrative Code for the reason that such aids are given to replace the loss in revenue suffered by the local governments as a result of the war.-2nd., Dec. 5, 1946, of the Undersecretary of Finance, DIF 210, Neg. Occ., Hi.tniga. Htn. HOLDING OF SPECIAL SESSIONS BY •PIROVINCIAL 1BOARDS~\\~HEN MAY BE AUTHORIZED - ... this Department is not inclined, as a mat· ter of general policy, to grant such authority (to hold six special sessions a month) considering that important matters can conveniently be delibe· rated upon during the scheduled four regular sessions and the· two special sessions already authorized a month. In strictly emergency cases, however, the Provincial Board may be au· thorized to hold .special sessions, in adclition to the two special sessions just mentioned, provided authority therefor is first secured from this Office, v.ccompanied with a statement to the effect that the matters to be taken up in each of the proposed special sessions require such action which, if deferred till the next session (either regular or special session already authorized), would adversely affect the public ser· vice.-Froni lettei· dated July 18, 1949, of Undersecretary of the Interior to the Provincial Board of Lagwna. THE LOCAL GOVERNMENT REVIEW ::)ALARY INCREASES - CONDITIONS FOR GRANTING; TRJANSF'ER OF .FUND TO PUERICULTURE CENTER.-The salary increases .proposed therein are hereby approved subJect to the conditions that all mandatory obligations of the municipality are duly provided for and that the legal percentage expendable for salaries and wages is not e:x.ceeded. Under the o:ame conditions the transfer of P300 to the Puericulture Center is also approved provided that the Center is un· der the supervision of the Bureau of Health.-Froin "letter dated June 16, 1949, of Undersecretary of Finance to Mun. Council of Catbalogan, Samar. FISHING, CLOSE-SEASON ORDER -ON-PURPOSE.-... your petition to exclude the coastal waters of your mun_ icipality from the provisions of the Fish and Game Administrative Order No. 13-1, as amended, cannot be favor.ably considered because of the following reasons : 1. The close-season order was promulgated for the sole 'purpose of protecting the herr~ngs and sardines (tabogac, -tuloy, balantiong and haulhaul) during their spawning season and their offspring at the state when they are still very small. The adult or sexually matured fish are thereby given a chance to reproduce freely. The extent of the period includes the time at which stage the offspring will have grown to such a size when the fish are big enough and capable of wider dispersion in the fishing ground. 2. By the promulgation of the abovementicined order, this Office has made Qne more step toward the conservation -0f one of our principal commercial fisheries, which is one of the main functions of the Division of Fishfries ss guardian of the Philippine fishery resources. This Office wiil fall short of the people's expectation if the interests of a few are to be considered paramount to the interests of the majority (fishermen as well as laborers of all sorts, transportation men and the consumers) who will, no doubt, be tenefited by the measure. SEPTEMBER, 1949 3. F'urthermore, the close-season order does not entirely prohibit fishing. In other words the fishermen can go on with their usual occupation provided that they do not catch the species being protected by the Order In view of the above considerations, this Office regrets to state that your petition will have to be, as hereby it is, denied. - Letter dated March 12, 1947 of the Sec. of Agr. & Com. to i"llun. Council of Estancia. lloilo. GASOLINE ALLOWANCE - MUNICIPAL MIA YOR NOT ENTITLED.The apptopriation of Pl50 for gasoline allowance of the municipal mayor provided for in supplemental budget No. 2, general fund, cannot be approved, in view of the fact that municipal mayors are not authorized to collect this nature of expenses.-From letter dated May 24, 1949, of Undersecretary of Fina.nee to Municipal Council of Caoayan, /.Sur . DONATION OF PROVINCIAL PROPERTY TO WIEATHER 113UREAU.-Respectfully returned to the Provincial .Board, Basco, Batanes, with the information that under the provisions of Section 570 of the ·Revised Administrative Code that body is empowered to authorize the !Provincial Governor to convey by way of donation, for weather station site purposes, the .Jot mentioned in its attached current Resolution No. 128,. without the necessity of securing approval of this Department-1st Ind., April 23, 1949, Undersecretary of the Interior. PROVINCIAL EXPOSITION AND FAIR, MUNICIPALITY'S PA.RTICIP,ATION IS APPROVED; CONDlTION.- The appropriations of PlOO and P370 set aside in supplemental bud_ irets Nos. 1 and 2, general fund-, to defray the expenses in connection with the municipality's participation in the Ilocos Sur Provincial Exposition and Fair are hereby approved, provided that all the essential services of the municipality during the current fiscal year are fully provided for. - From letter dated May 24, 1949, of Undersecretary of Finance to Municipal CounPage 455 RULINGS OF THE GENERAL AUDITING OFFICE APPOINTIVE MAYOR NOT ENTI· 'TLED TO HIS PENSION UNDER ACT 3173 IF HE ELECTS TO RE· CEIVE HIS SALARY AS MAYOR. -Respectfully returned to the Honor.able, the Secretary of '!he Interior, Manila, with the information that, hasmuch as Mayor Mariano Mendoza of Katipunan, Zamboanga, v:m;. not -elected but appointed to his present position, this Office believes that, un· der the provisions of Section 7·1- ( 9) of Commonwealth Act No. 246, as pensioner under Act No. 3173, he has the option to receive either the compensation of the position he is now holding or hi>s pension, but he is not entitled to receive "both ......... 2nd Ind., 1tng. 16, 1946, Aud. Gen. ID.; RIGHT TO PENSION NOT LOST; W1.1IVER ENDS UPON EX· PIRATION OF TERM OR TENURE. -Respectfu.lly returned, thru the Prodr.cial Auditor, to the 1 F:rovincial ·GoYernor, Dipolog, Zamboanga, with foe information that under Section 7 · I (9-) of Commonwealthe Act No. 246, 1\layor Mariano Mendoza of Katipunan, th~.t provinee may at his option -either continue to receive his monthly per:sion of P2'8.00 or draw the salary of Mayor at P66.66 per month, but not \10th. If he decides to continue re· ceiving his pension, he cannot be paid the difference of P38.66 because the same is not provided for in the law above-mentioned. However, if he elects to receive the salary attached to the position of Mayor instead of his pen· ·i;ion, this Office believes that he will not lose his. right to the said pension which may again be continued when he will cease to be Mayor inasmuch as the waiver thereto is only for the duration or during the period of his in· <>umbency.-6th Ind., Dec. 9, 1946, of Awl. Gen. · SUBSISTENCE ALLOWANCE TO MUNICIPAL EMPLOYEES FOR OVERTIME SER.VICE NOT 1AL· LOWED.-In view of the absence of a law authorizing the payment of snbsistence allowance to municipal em· SEPTEMBER, 1949 ployees on· account of overtime service, it is regretted that the herein appropriation of P308.00 by the Municipal Council of San Juan, Rizal, for such purpose cannot be allowed in au· dit..-4.th Ind., Feb. 10, 1947, of Dep. Aud. Gen. to Unde1·secretary of the Intm·ior. QUARTERS F'OR CHIE:F O:F FIRE DEPARTMENT.-Inasmuch as the nature of the duties of the Chief of the Fire Department of Davao City requires his presence at the station 24 hoi:rs ot the day, he and his family may be provided with quarters as granted: in Resolution No. 678, series vf 1947, of the City Council of Davao. --2nd Ind., Nov. 12, 1948, of Aud. Gen. to Underseci·etary of the lnte·;-ior. CITY COUNCILORS WHO ARE MEMBERS OF THE BOARD OF TAX APPEALS NOT ENTITLED TO 'FiER DIE MS FOR .ATTENDANCE .AT LATTER.-Respectfully returned to the Acting City Auditor, Davao, Davao, with the information that in view of the stringent provisions of section 259 of the Revised Administrative Code and section 3, Article XI of the 1 Philippine Constitution, .proh;biting the payment of additional compensation, and in the absence of E<pecial provision in Commonwealth ·Act No. 51 (Charter of ·city of Davao) authorizing the payment of compensation to members of the Board of Tax Appeals, this Office believes that councilors of that city while attending Ressions of said \Board are not entitled to per diems.-lst Ind., March 3, 1939, of Aud. Gen. PRINCIPAL CLERK 'WHEN ACTING AS MUNICIPAL TREASURER MAY SIG.N HIS OWN PROMO· TIONAL APPOINTMENT AS PRINCJFIAL CLERK.-On account of irre.,.ularities committed by the Municipal Treasurer of San Jacinto, Masbate, the Provincial Treasurer designated the principal clerk of the former, Mr. Rafael L. Carranza, as acting municipal treasurer without additional compenPage 457 sation. He was rece1vmg a monthly salary of P28 as such principal clertk. With the promulgation of Executive Order No. 50, series of 1936, fixing P30.00 as the minimum monthly salary to be paid to employees of the Na· tional Government unless otherwise specifically provided by law, effective St>ptember 1, 1936, the Municipal Council of San Jacinto increased the salary of the principal clerk to P35.00 a month by its Resolution No. 67, series of 1936. Pursuant to said resolution and upon the prior approval of the Provincial Treasurer, the said Mr. Carranza, as .P.cting Municipal Treasurer, extended to himself, as principal clerk, the promotional appoint· ment necessary to carry into effect the salary increase granted him by the council, as under the first paragraph of section 2207 of the Revised Administrative Code, "the municipal treasurer sh::ill appoint the clerks and other employees necessary to aid him in the discharge of his dll'ties, the number and salaries thereof being determined by the municipal council as in the case o.f other employees." · The question submitted is whether or not the actuation of Mr. Carranza ir. this case was ·proper. Admittedly, "it is contrary to pub1;c policy to permit an officer, having the power to appoint to an office, to exercise that power in his own interest by appointing himself." (Me· chem, Law of Public Offices and Officers, Sec. 112, ·P'· 46). In this case, however, Mr. Carranza did not in fact appoint himself. The municipal council, in. which is vested the power to determine the salaries of municipal employees, voted an increase in his salary as principal clerk of the mundcipal treasurer. Unfortunately, he happened to be discharging the functions of municipal treasurer in the ab· sence of the regular incumbent who was then under suspension and acco,.ri;.,~ to law. he was th~ one required to sign the appointment in his fa"nr. He signPd that appointment (".nlv Upon the prior approval of the lj"lrn•·l~nl:;il Treasm·Pr and in doing so Page 458 PUTTING FAITH IN A FORT RAJAH MAMAGTAL lDefiance to the · Camucones, Buglasan, Negros, in 1372; from Pavon MS.) Lugib·sang-Kabilagoan, our fort, fears not sea rovers from Malaca. Its walls are mighty rocks, its floors of coral. Tvro hundred defences does it present. Seven stout bulwarks surround it. !And if these all should be taken still there would remain fifteen secret passages for our escape. Here Datu Kamatel and I with our followers shall make our stand, in a fortress as inaccessible to you as Mount Marapara, the highest peak of yonder distant mou111tains. 11.YHY THE CEIBUANS BECAME CHRISTIANS Rajah Muda !FERNANDO (Address of welcome by the Crown Prince, to Magellan, Cebu, April 19, f521, as reported by P~ga fetta) In the name of my uncle King Tupas, I greet you and pledge peace to you. His Majesty has no sons, but I, as ihe husband of his eldest daughter, am the heir apparent, or Rajah Muda. Your leader tells of a God' Who made sky, earth, sea, and all else there is, and Who commands us to honor our paren~s. Such has not bee.n the custom of our country for when oull' fa· thers and our mothers grow old they receive no further honor from us but we, their children, command them. Your way, we realize, is the ·better, and we shall be glad t1:o learn of the religion which teaches it, if you will leave us teachers here. But first we must tell these things to our king, and obtain his permission. Of our own free will and accord we are becoming Christians, nO"t just to please you or at your command. We place ourselves in yo~·,r hands, and ask that you make use of us as your most faithful servants. he merely complied with a formality imposed by law. He did not take adTHE LOCAL GOVERNME~T .REVIEW OUR LOCAL OFFICIALS ANATOLIO YNCLINO City Treasurer of the· City of Cebu Persond Circumstances.-Born in Bo!· joon, Cebu, on July 9, 1900, and married to B. Colmenaries of VaIlehermooo of Negros Occidental with two children. Education.-Associate of Commercial Science, 1939-40 (Saluta:~orian), visayan Institute; Bachelor of Laws, 1947-48 (Salutatorian), University of the Visayas, Cebu City. Previous positions.-Municipal Treasurer of Aloguinsan, Alcoy, and Boljoon ; Traveling Deputy Provincial Treas~1rer of Cebu; Chief, Internal Revenue Division, Provincial Treasury of Cebu; Chief, Assessment and Land Tax Division, same office; and Cashier and Bookkeeper, P. N . B. 1~gency, Cebu. Member, Cebu •Planning Board. Hobby.-Poultry raising. Motto ........ Ee hardworking and honest. vantage of the power to appoint by exercising it in his own interest. (Continued on page 484) SEPTEMBER, 1949 PERFECTO P. LINGAN Municipal Treasurer of Solana, Cagayan Personal Circumstances. - Born on March 15, 1906 in Solana, Cagayan, :rnd married to Estefania Usita with whom he has nine children. Schools attended.-Solana Elementary School, 1915-1921; Cagayan High School, class of 1925; and took up teaching course in the Philippine Normal School in 1926 & 1928. Activities and positions held.-Platoon sergeant, Adduru Guerilla Unit and Member and Actual Wor~hi.pful Master of Gonzaga Lodge No. 66 of Free and Accepted Masons. Formerly regular teacher, Bureau of Educa:tion, 1925-'31 ; principal clerk, 1931-1937; and deputy provincial and municipal treasurer ·and postmaster from 1937 to-date. Hobbies.- Poultry and hog raising and hunting. Jlotto.-Strive to ma:ke dreams (ambitions) come true (realized or attained). (Continued on page 474) P age 459
Date: 1949
Rights