Provincial affairs subject to approval or authorization by national authorities.pdf

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Part of The Local Government Review

extracted text: PROVINCIAL AFFAIRS SUBJECT TO APPROVAL OR AUTHORIZATION BY NATIONAL AUTHORITIES Compiled by J.F.R. 1. Execution of deeds and contracts conveying title of reaJ. propertysubject to approval of the President of the Philippines. (Sec. 2068, Adm. Code.) 2. ifermission for ·official to absent himself from province-1.0 be secured from Department Head. (Sec. 2073, .Adm. Code; see Ex;. Ord. 75, s. ·1945.) 3. Vacancy in elective provincial of· fice-temporary vacancy to be filled by appointment by the Presiden't; vacancy as a result of the death, resignaUon, removal or cessation of the incumbent, by appointment by the President of a suitable person belonging to the political par:y of the officer to be replaced upon the recommendation of said party; due to failure of election or :failure to elect, by special elections; di.:.z to death of officer-elect before assump:'.ion of office, by special election or by appointment by President; due to failure to elect in spec'ial election, by appointment by the Presiden•t. (Sec. 21, Election Code.) 4. Compensation for person appointed to temporary service-President of the Plhilippines or officer having power to fill position may, in his discre1ion, order payment of compensation, or additional compensation, to any Government officer or employee designated or appointed temporarily to fill the place. (Sec. 2077, Adm. Code.) 5. Suspension and removal of provincial officer by the President of the Philippines for disloyalty, dishonesty, oppression, or misconduct in office. (Sec. 2078, Adm. Code.) 6. Upon subsequent reinstatement of the suspended person or upon his exoneration, if death should render reins.tatement impossible, Page 448 any salary withheld may be paid in whole or in part upon order of the Department Head approved by the President of the. Philippines. (Sec. 2'079, Adm. Code.) 7. Subject to regula:Jon by the Secretary of Finance, the provincial board shall fix the number of assistants. deputies, clerks, and other employees for the various branches of the provincial governmen't and the rates of salary wage they shall receive. (Sec. 2081, Adm. Code; see C. A. 78 and Ex. Ord. 167, s. 1938.) 8. Approval of appointments by De-· nartment Head. <Ex. Ord. 63, s. 1917 and Sec. 255, Adm. Code.) 9. The provincial board, with the previoc:s approval of the Depar~ mrnt Head, may in its discretion provide quarters for the provincial governor, or allow the value thereof, in addition to his salary. (Sec. 2086, .Adm. Code, last paragraph.) 10. Assistant provincial treasurer to be appointed by provincial treasurer subject to approval of Secretary of Finance. (Sec. 2088 (A), Adm. Code.) 11 . Compensation of Assistant 1 F·rovincial Treasurer to be fixed by provincial board with the approval of Sec. of Finance. (Sec. 2088 (A), Adm. Code.) 12. Provincial Treasurer shall act, with the approval of the Department Head as agent of the Philippine National Bank, subject to such conditions as the board of directors of the Philippine Na;tional Bank may confer and impose upon him. (Sec. 2089 (h), Adm. Cod~.) 13. Bv unanimous resolution of the provincial board. approved by the Department Head, either elective member may be required, for the THE LOCAL GOVER!i!MENT REVIEW 11. 15. 16. 17. 18. 1~. 20. 21. 22. time specified in such resolution, to perform the duties of any other provincial officer or to perform any ministerial duty required by the board. (Sec. 2096, 1_~dm. Code.) The provincial board shall keep in such form and manner as shall be prescrilbed by the Secretary of the Interior a complete, permanent, and carefully writ:ten record, arranged in proper chronolog_ical sequence, showing the proceedings at its various meetings. Sec. 2100, Adm. Code.) Copies of mfoutes and of executive orders to be s•:.ipplied to Secretary of the Interior under such regu· ia:Hons as he may- prescribe. (Sec. 2101, Adm. Code.) Decision of controversy as to suffidency of accommodations for courts to be rendered bv President of the Philippines. (Sec. 2103, Adm. Code.) Appropriation for purchase and maintenance of draft animals for breeding purposes. to be used under such regulations as :lhe provincial board shall prescribe and the Director of Animal Industry approve. (Sec. 2105 (b), Adm. Code.) Appropriation for purposes r.ot specified by law but for general welfare cf province and inhabitants subject to approval of Derartment Head. (Sec. 2106 (a). Aclm. Code.) Fixir.g of rn'.ary of lieu!enant· gonrnor of any sub-proYince is subject to approval of Dept. Head. !Sec'. 2106 (b), Adm. Coclo.) Loans to municipalities or municipal districts subject to approval of Dent. Head. (Sec. 2106 ( c). ifl.) Investment of fixed deposi'.s in possession of the Philippir:e National Eank to rural banks or rural credit asrnciations to be app1·0\•ecl by Department Head. (Sec. 2106 I cl). i.~ elm,. Code. ) Fixing of salaries, in excess of authorized rates, of municipal ofSEPTEi.\IEER, l~W 23. 24. 25. 26. 27. 23. ficers of capitals of provinces. (Sec. 2106(e), fdm. Code). Exercise of the power of eminent domain subject to approval of Dept. Head for : the construction or extension of roads, streets, sidewalks, bridges, ferries, levees, wharves. or piers; the cons:truction of public buildings, including schoolhouses, and the making of the necessary improvements in connection therewith; the estaba.ishment of parks, playgrounds, plazas, market places, artesian wells, or systems for the supply of water and the es.tablishment of cemeteries, crematories, drainage systems, cesspools or sewage systems. (Sec. 2'106 (f), Adm. Code.) Construction and maintenance, for private use, of railways, conduits. and telephone lines across public thoroughfares, streets, roads, and other public property in the province to ·be approved by the Department Head upon favorable recom· mendation by the Secretary of Public '"forks and Communications. (Sec. 2106 (g), Adm. Code.) Convocation of mayors for more than fo11Jr in any one year is subject to approval of Dept. Head. (Sec. 2108, Adm. Code.) Deposit of surplus funds in any bank duly designated as a Government dep0<sitory other than the Philippine National· Bank is subject to approval by the Dept. Head. (Sec. 2110, Adm. Code.) Disestablishment of exhibition fund is subject to ai:;proval of the Secretary of the frterior. (3:c. 2112, Adrq. Code.) Appropriation from the road ard bridge fund for wh'.lrve~. piers, nnd docks is rnbject to app;·oval of Department Head. (Sec. 2113 (b), Adm., Code.) Appropriation from the road and bridge fund for acquiring, subsidi~ing, operating. arcd maintaining means of water transportation within the province or between (Continued on page 473) Page 449 Opinion of Secretary of JusttceRetirement under Act 4183 In reply to yours of September 24 requesting my comment and recommendation on the interpretation and applieation of Act No. 4183, as amend· ed ·by .Commonwealth Act No. 623, in relation to the proposed retirement of Mr. Sisenando Ferriols, tAdministrative Deputy in the offce of the Provin~ <'ial Treasurer of Batangas, I beg to say: ."In order to grant a gratuity to provincial, mµnicipal and city officers and employees who resign or are sqiarated from the service by reason of a reorganization thereof, the provincial boards, mimicipal and city boards or councils may, with the approval of the Secretary of the Interior, retire their officers and employees, granting them, in eonsideration of satisfactory service rendered, a gratuity ... " Referring to these provisions, as well as to Act No. 4270, authorizing the retirement, under similar conditions, of officers and employees of the City of Manila, this Department has consistently held that the retirement gratuity provided in said Acts "may be demanded only if the claimant i.:r retired or separa.ted ft-om the service as a re.~ult of the reorga.niza· tion" of the local government. (Op. No. 150, series 1941, Op. No. 46, series 1939, of the Secretary of Justice.) Thus, in one case this Office stated,: "Having -been separated from the service by h~s death-which tooik place before the approval of Commonwealth Act No. 623'-and not by reorganization, of the Government of the City of Manila, Mr. Revilla is not entitled to the retirement g1·a:tuity provided in said act." (Op. of the Sec. of Justice, July 15, 1946; uniderscorng supplied.) · You state that in approving Act No. 4183 the then Governor General laid clown the policy that no local official or employee shall be allowed to retire unless his .position is abolished SEPTEMBER, 1949 and that no position so abolished shall be recreated, and cautioned against the conversion of the said Act into a pension law, inasmuch as this legis· lation was passed apparently for the purpose of facilitating the reorganiza· tion of the local government with the retrenchment policy in view. Conformably to that policy and to the opinions of this Department hereinbefore mentioned, I recommend that no provi11cial, municipal, or city officer or employee be retired with gratuity unless his retirement or separa· tion from the service should arise from or should become necessary by reason of a reorganization of the service.Letter dated Oct. 16, 1946 of the Sec. of Just:Ce to the Chief of the Executive Office. - 0 0 1 > - - Provincial Affairs ... (Co1ttintted from page 449) the .province and neighboring provinces or islands or to dredge rivers and provide facilities for communication and transportation by river, and for establishing and operating telephone systems is subject ro approval of Dept. Head; (Sec. 2113(c), !Adm. Code.) ZO. Expenditures for the benefit of non-ChrlstiallJ inhabitants are subject to approval of Secretary of the Interior. (Sec. 2114., Adm. Code. Note: Suck expenditures noio come from the genertil fund, the so-called Non-Christian inhabitants' fund having been disestablished inasmuch as the inhabitants concerned are no. longer enumeroted as non-Christians.-Ed.) ""'.:~::::::::::::::::::~:::::::~:::::::::::::::::::::::::--l'llflllflliffrflfllfl1D1111111JJM-.rt1111111n111111 ~. ""''°"'m1111111111111m11111111W111•nu11111111111m•111~1111~ I Compliments of i Del Mundo Welding Shop I Come and see our shop. ~ 2321 Misericordia, Manila Page 473
Date: 1949
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