The Local Government Review

Media

Part of The Local Government Review

Title: The Local Government Review
Issue Date: Volume I (Issue No. 1) January 1949
Year: 1949
Language: English
Rights
extracted text: CITIZENSHIP DECALOGUE - -» :«- - I. Love God above all things. II. Place the welfare of your country and the common good above your own. III. Know · your Constitution; safeguard the rights it recognizes; conform to the duties it implies. IV. Obey laws; pay your taxes willingly and promptly. Citizenship implies not only rights but obligations. V. Defend your honor and the honor of your country. VI. Recognize and obey parental and civic authority. . VII. Be honest and truthful. VIII. Be industrious, diligent, and frugal. IX. Be kind and generous. X. Be observant of the personal and property rights of others. (From 1948 Constitution Day Poster) JULY, 1949 - The Civic and Ethical Principles (E~·ecutfre Order No. 211, s. 1939) 1. Have faith in Divine Providence that guides the des:tinies of me•n and nations. 3 . Lo\e your country for it is the home of your people, the seat of your ·affections, and the source of your happiness and well-being. Its defense is your primary duty. Be ready at all times to sacrifice and die for it if necessary. 3. Respect the Constitution which is the expression of your sovereign will. The government is your government. It has been' established for your safety and welfare. Obey the laws and see 'that they are observed by all and that public officials comply with their duties. 4. Pay your taxes willingly an<l promptly. Citizenship implies not only rights but also obligations. 5. Safeguard the purity. of suffrage and abide by the decisions of the majority. · 6 . Love and respect your parents. It is your duty to serve them gratefully and well. · 7 . Value your honor as you value your life. Poverty with honor is preferable to wealth with dishonor. 8. 9. 10. 11. 12. 13.. 14. 15. 1 Be truthful and be honest in thought and in action. Be just and charitable, courteous but dignified in your dealings with your fellowmen. Lead a clean and frugal life. Do r.ot indulge in frivolity or pretense. Be simple in your dress and modest in your behavior. Live up to the noble traditions of our people. Venerate the memory of our heroes. Their lives point the way to duty and hon. or. Be industrious. 1 Be not afraid or ashamed to do · manual labor. Pr_oductive toil is conducive to economic security and adds to the wealth of the nation. Rely on your own efforts for your progress and happiness. Be not easily discouraged. · :Persevere in the pursuit of your legitimate ambitions. Do your work cheerfully, thoroughly. and well. Work badly done is worse than work undone. Do not leave for tomorrow what you can do today. Contribute to the welfare of your community and promote social justice. You do not live for yourselves and your families alone. You are a part society to which you owe definite responsibilities. Cultivate the habit of using goods made in the Phi.Jippines. Patron· ize the products and trade of your countrymen. 16. Use and develop our natural resources and conserve them for posterity. They are the inalienable heritage of our people. Do not traffic with your citizenship. THE LOCAL GOVERNMENT REVIEW The LOCAL GOVERNMENT REVIEW VOL. I-No. 1 JANUARY, 1949 ONE PESO PRINCIPAL CONTENTS A STATEMENT OF PURPOSE .................................................... ··· 2 MESSAGE OF HIS EXCELLENCY, THE PRESIDENT OF THE PHILIP-PINES . .. . . ...... . ... .. . . ..... ........ ......... ......... ........... 3 THE CIVIC AND ETHICAL PRINCIPLES ...... . . . .... .. ........ ....... 4 REGULATIONS . How to Organize New Municipalities anid Barrios ........................ 5 Classification of :Provinces ............ ........... ....................... 9 Disbursement of Discretionary Funds ............................................ 11 Discretionary Expenses .............. -...... .. . ........................... ....... .. .. .......... 11 RULINGS OF THE AUDITOR GENE;RAL. Expenses Chargeab.J.e to the Discretionary Fund of the Provincial Governor .................................................................. .................. 12 Assignment of Rooms to Provincial Officers .... ........................... 13 LEGISLATIONS Republic Act No. 130-Classification of Provinces .............. 14 Executive Order No. 183-:Aruthority to Increase Salary of Policemen ............................................................................................ 16 OPINION OF THE SECRETARY OF JUSTICE Back 'Pay of Tem'Porary Employees and Laborers ........................ 17 SUPREME COURT DECISION Local Autonomy-Municipal Authori:ty-Provincial Authority 20 MISCELLANY Strength at. Home--:Arldress of President EITpidio Quirino .. ..... 26 Municipal Autonomy and Government Administration - Juan F. Rivera ............ ..................... ........................................................ 31 _ Theory vs. Experience ........................................................................ 40 Punctuality ........ ............................................................................ •.... 43 Cause of National Backwardness-Jose Rizal ................................ 43 Pronunciamentos .................... .................... ............................. 44 THE MUNICIPAL POLICE LAW ANNOTATED by Juan F'. Rivera 44 Probable Civil Service Exarmination Q.uestions for Policeman .... 47 HIBTORI'CAL FACTS AND DOCUMENTS Votes obtained by Provincial Governors and Members of· Provincial Boards in the Election of Nov. 11, 1947 ............................ 51 Dates of Occunation and Llberatfon of Provinces and Cities .... 56 List of City Councilors Elect ............................................................ 58 List of Municipal Officials Elect (Abra to Albay) .................... 59 ACTIVITIES OF THE LOCAL GOVERNMENTS AND THEIR OFFICIALS Resolutions Nos. 1 to 10, Conference of Provincial Governors and Ci,ty Mayors on January 21-27, 1948 .................... ............... 63 Th ~ Tlricos Sur Agricultural, Commercial and Indus.trial< Exposition .. ......................................... .............................. 67 " OUR LOCAL ORFTCIALS'' Provincial Governor Perfecto Faypon of llocos· Sur .................... 68 Provincial Treasurer Jose R. Collante of Sorsog-on .................. 68 MEMORANDUM FOR EVERY CITIZEN OF THE REPUBLIC .... 70 WERE YOU BORN IN JANUARY?-A Horoscope ............................ 71 Broaden your knowledge of mumicinal life and qovernment administrafclJ?l by SUBSCRIBING to the LOCAL GOFE'RNMENT REVIEW--<i magazine for every home, library, office and school. ..t.1t<~~~~~~~~~~~~~~e)f!-~.~~~~~ )!<_ . ~ ~ The Civic and Ethical Principles ~ )!<_ ~ ~ (Executive Order No. 21'7, s. 1939) ~ ~ 1 . Have faith in, Divine Providence that guides the destinies of men ~ ~ and nations. ~ ~ 2. Love yom· country for it is the home of your people, the seat of your ~ ~ affections, and the source of your happiness and well-being. Its Ci! ~ defense is your primary duty. He ready at all times to sacrifice and ~ ~ die for it if necessary. 41[ ~ 3 . Res1 pect the Constitution which is the expression of your sovereign Ci! ~ wi!Jl. The government i·s your government. It has been established ~ ii) for your safety and welfare. Obey the laws and see that they are 41[ ~ observed by all and that public officials comply with their duties. ~ ~ 4. Pay your ta:x;es willingly and promptly. Citizenship implies not ~ ii) only rights but also obligations. -:g_ ~ 5. Safeguard the purity of s·uffrage and abide by the decisions of the & ~ maj~~ ~ ii) 6. Love and respect your parents. It is your duty to serve them grate- ~ ~~ fully ~nd well. Q. 7. Value your honor as you value your life. Poverty with honor is % preferable to wealth with dishonor. "t£. ~ 8. Be truthful and be honest in thought and in action. Be just and ~ ~ ~ charitable, courteous but dignified in your dealings with your fel~ lowmen. % £? 9. Lead a clean and frugal life. Do not indulge in frivolity or pretense. ~ :;Jji:: Be simple ·in your dress and modest in your behavior. ~ 10. Live up to the nobTe traditions of our people. Venerate the memory ~ l5 of our heroes. Their lives point the way to duty and honor. ~ ~ :;Jji:: 11. Be industrious. ,B'e not afraid or ashrumed to do manuii_l labor. ~ Productive toil is conducive to economic security and. adds to ·the % £? wealth of the 111ation. · ~ :;Jii:: 12. Rely on your own efforts for your .p·rogress and happiness. Be not ~ ~ eas.Uy discouraged. Persevere in the pursuit of your legitimate % £? ambitions. ~ ~ :;Jji:: 13. Do your work cheerfully, thoroughly, and well. Work badly done is ~ worse than work undone. Do not leave for tomorrow what you can §( £? do today. ~ :;Jji:: 14. Contribute to the welfare of your community and promote social ~ ~ justice. You do not live for yourselves and your families alone. §( l5 You are a part of society to which you owe defini;te responsibilities. ~ :;Jji:: 15. Cultivate the habit of using goods made in .the Philippines. Patron- ~ ~ ize the products and trades of ycur countrymen. ~ £? 16. Use and devefop our natural resources and conserve them for pos- 'Z} :;Jji:: terity. They are the inalienable heritage of our people. Do not ~ ~ traffic with your citizenship. % ~~~~~~~~~~~~~~~~~~~~~~ Page 4 THE LOCAL GOVERNMENT REVIEW RegulationsH OW To Organize New Municipalities And Barrios Commonwealth of the Philippines DEPARTMENT OF THE INTERIOR Manila SUBJECT: Organization of new municipalities, and barrios-Instructions regarding It has been observed that provincial boards have been submitting to this Department petitions for organization of new municipalities or barrios without the necessary data, thereby causing much delay and voluminous correspondence on the matter. In order t.1 .avoid such unjustifiable waste of time and materials, provincial boards are hereby requested not to forward to Manila any petition for the organization of a new municipality or barrio, until after the Board shall have conducted the necessary investigation to determine whether or not the proposed organization is necessary, feasible, and for the public interest. and welfare of the inhabitants affected. In sending the petition to this Department. the Provincial Board shall submit therewith the following data: A. In the case of petition for organization of a portion of a municipality into a new municipality!. The name of the proposed new political subdivision. 2. The recommendation of the Provincial Board. 3. Detailed statement of the facts and circumstances upon which the Board's recommendation is based. If it is believed that the proposed organization will subserve better the interests of the inhabitants and promote the economic development of the territory affected, reasons therefor should be clearly and fully stated. 4. Map (2 copies) of the mother municipaHty, to be prepared by the District Engineer, showing: (a) The relative positions of duly constituted barrios to compose the proposed municipality, specially the one wherein the ·seat of government is to be. located; JANUARY, 1949 Provincial Circular No. 321 February 16, 1938 (b) The distance in kilometers and the means of communication frvm each barrio of t.he proposed munici· pality to the proposed seat of government thereof and to the seat of government of the mother municipality; and (c) The boundary lines referred to in .paragraph No. 5 hereof. 5. Accurate descriptions of the boundary lines which shall separate thf' proposed political subdividon from its mother political subdivision or subdivisiorns. :As far as practicable each boundary line shall be the course of a stream, or a straight line starting from one permanent and visible point and ending at another permanent and visib:le point. In :preparing these descriptions, the assistance of the District Engineer and the Land: Off,jcer should be secured, in pursuance of the provisions of Executive Order No. 114, dated August 31, 1937, of the President. x x x 6. Description by the District Engineer of the existing me.ans of communication between tl:e proposerl political subdivision and t.he pobla ·ion of the mother political subdivision, as well as of the conditions of the country, that is, whether hiBy or mountainous, and whether there are streams that affect travels between the two places. 7. A certificate by the District Engineer as to (a) whether the proposed munbpality owns a buildin>. of str011g materials large enough to hcuse all the municipal offices, including the ji.:stice of the peace court, the office of the president of sanitary division, and the post office· and (b) whether the sites for pres.idencia, school, plaza or (Continued on page 7) Page 5 Page 6 Then the President of the Philippines, MANUEL ROXAS, addressing the Provincial Governors and City Mayors (picture below) in the opening session of their CONFERENCE held in Ma- .J nila from January 21 to 28, 1948, at the Session Hall of the H o use of Representatives. THE LOCAL GOVERNMENT REVIEW How to Organize . .... park, market, and cemetery meet the following requirements: Plaza or Park--There should be at least one plaza or park. If there i3 only one, it shou1d be in the poblacion, preferably in the center thereof. It should be of adequate size, not less than one hectare, if. possible. Presidencia Site-This must be in the poblacion, should have an area of at least 5,000 'square meters and should, if possible, adjoin the plaza or vark. School Sile-A site meeting the requirements . of the school authorities. Market Site-This should have an area of one hectare, if possible, and be near a river, seash(,.re, or a main road, whichever will make it most accessible to the business community. It should be away from both the plaza and the school. Cemetery Site-A site meeting the requirements of the health authorities. 8. The deeds of conveyance showing that the title to the ::ibove-mentioned building and sites is or will be in the proposed municipality. If no such deeds have been executed by the parties who own such properties and who have the cap11city and full right to convey the same, the petition should not be forwarded to this Department until such deeds have been obtained. The conveyance of such properties may be subject to the condition that the same shall be valid only if and when the proposed mun'icipality is organized. In this respect the assistance of the Provincial Fiscal should be avai'led of. 9. Sketch (2 copies) to be prepared by the District Engineer of the pertinent portion of the proposed municipality showing: (a) The pla11 of the poblacion; (b) The correct position and areas of the different sites referred to in paragraph No. 7 hereof; and (c) The location of. each public building actually in existence. 10. Comment and recommendation of the Local Planning Commission, created by our Department Order No. JANUARY, .1949 6, dated March 16, 1936, on the layout of the poblacion of the proposed municipality, especially with respect tu the location and adequacy of sites for proposed streets and other public improvements, considering both the present and future needs of the community. 11. Information as to which of. the ;mblic buildings and sites above-mentioned are actuaHy owned by the loca1 government and which, if any, are pro~ posed to be acquired. 12. An itemized statement to be ;:.rer-.ired by the Provincial Treasurer,. based 1.1pon the latest available data, ::ihowing . separately the probable annual income and expenditures pertaining to the general and school funds of the proposed municipality, and those of the mother municipality with and without the proposed municipality. 13. Information· to be furnished by the Provincial Treasurer as to whether or not the mother municipality has any outstanding loans. If it has, said official should be asked to state(a) The total amount of the loans, showing the unpaid balance of each )oan; the project for which the same was cont racted; the date of matur• ity or eaCh; and · the source of each loan; (b) Which of the projects benefits tlie· inhabitants and portion of the mofher municipality outside the proposed municipality; which benefits only the proposed municipality; and which benefits the one as well as the other; (c) The amount which the proposed municipality will be under obligation to pay annually on account of said loans in case the organization thereo:t1 into separate municipality is approved, and that which should be paid by the mother municipality; and (d) Whether the mother municipality will be able to meet its obligations (loan) as tbey fall du!'\ and still be able to carry out its govern· mental activities, if the proposed: municipality is not required to pay its proportionate share of the loan. 14. A statement of the present population of the proposed municipality, (Continued on next page) Page 7 Haw to Organize ... . . . certified to as correct by the District Health Officer. 15. Statement by the DistrictHealth Officer as t-0 whether the place to be made the seat of government of the proposed municipality is sanftary. 16. Statement of the Division Superintendent of Schools as to the probable ~ff.ect of the proposed orp:anization up-0n the sehool activities in the mother municipality and in the proposed municipality. This should, among other things, specify whether or not the proposed organization wi.M have the effect -Of lessening the school activities in both political divisions. 17. Comment and recommendation ·Of the municipal eouncil. . B. In the case of petition for conver.sion of a municipal district into a muni~ipality1. The same data as those called for in paragraphs Nos. 1, 2, 3, 4(a), 9, 10, 11, 14, 15, and 17 above; and 2. A statement, based upon the latest .r.vailable data, to be prepared by the .Provincial Treasurer, of the income a;id . expenditures of the municipal <i1str1ct, before as well as after its ·conversion into a municipality. C. In the case of petition for organization of a barrio1. The same data as those called for in paragraphs Nos. 1, 2, 3, 5, 6, and TI, under A, above. 2. The name or names of the barrio ·or barrios to which the different sitios to compose the proposed barrio belong. 3. Statement to be prepared and certified to. as correct by the .proper local officer showing the number of inhabitants of the proposed barrio, and the number of those who are to remain in its motlier barrio after the segregation therefrom of the proposed barrio. If the proposed barrio consists of two or more sitios belonging to different barrios, the number of inhabitants that will remain in each · of these barrios should be given. 4. Statement, to be prepared preferably by the District Engineer, showing the approximate distance in kilometers of the poblacion of the proposed barrio from the poblacion of the mother barrio. If the proposed barrio consists of two or more sitios belonging to different barrios, this statement shall show, in a tabulated form, the distance from each sitio to the poblacion of the proposed barrio and to the poblacion of each barrio to which it actually belongs. 5. Sketch (2 copies) to be prepared by the same officials showing each proposed barrio and its mother barrio, the boundaries, roads, di!rtances, etc., mentioned in paragraphs Nos. 5 and 6 under heading A hereof, and in the last preceding paragraph. This supersedes all instructions previously issued relative to the same matters as those referred to herein. (Sgd.) ELPIDIO QUIRINO Secretary of the Interior . ro ALLProvincial Boards COMPLIMENTS OF S. P. TRlllDAD & CO. Importers-Wholesalers-Manufacturers Exclusive Agents for : Distributors of: BERG, HEDSTROM & CO., Inc. New York, New York NEW YORK STANDARD BLACKBOARD CO., Inc. Lastoplate Blackboard TRINCO Blackboard Rudco Duplicator Stansteel Products Typewriters New York, New York PAN INDUSTRIAL CORP. New York, New York 3TANDARD STEEL EQUIPMENT CO., Inc. Washington, D. C. Manila Office: Factory & Warehouse : Page 8 661 Evangelista 19 M. Cristobal San Juan, Rizal Wolcott Filing Cabinets Sundstrand Adding Machines Royal Steel Safe Office & School Supplies BEN. R. MATEUS Manager Bicol Agency Naga, Carnarines Sur THE LOCAL GOVERNMENT REVIEW CLASSIFICATION OF PROVINCES 1 Pursuant to the provisions of section 3 of Act 379.8, as amended by Act No. 4216, * the following classification of the provinces is hereby prescribed: First Cla~s A 1. N egros Occidental Z. Cebu 3. Pangasinan 4. Iloilo 5. Rizal First Class B 1. Nueva ECija 2. Leyte First Class . 1. Pampanga 2. BulaG:an 3. Laguna 4. (Tayabas) Quezau_ 2 5. Tarlac - 6. Batangas· Second Class 1. Bohol3 2. Albay 3. Capiz 4. Camarines Sur• 5. Negros Oriental 6. Ilocos Norte 7. Sarnars 8. Ilocos Sur •• 9. Cagayan 10.. Davao This classification of the provinces:o shall take effect on October 16, 1941. - DEPARTMENT ORDER NO. 6, dated March 21, 1941, of the Secretary of. the Interior. 1. See R. A. 130. 2. R. A. 14. 3. Raised to 1st Class A, D. 0. 39, Dec. 20, 1948, Sec. of Int. 4. Raised to '1st Class, D. 0. 36, Dec. 21, 1948, Sec. of Int. 5. Raised to First Class A-D. 0. 26, Aug. 14, 1948, Sec. of Int. 6. Raised to 1st Class-D. 0. No. 37, Dec. 17, 1948, Sec. of Int. Third Clc;rs 1. Cavites 2. La Union7 3. Mountai• n Province 4. Misamis Oriental 5. IsabeJas 6. Surigao 7. Cotabato 8. Zamboanga 9. Sorsogon 10. Misamis Occidental 11. Carnarines· Norte 12. Antique 13. Zambales 14. Mindoro Fourth Cla.~.~ 1. Masbate9 2. Bataan 3. Sulu 4. Nueva V.izcaya 5. Abra 6. Laoo.o 7. Agusan 8. Marin1duque 9. Pa1awan Fifth Class 1. B>ukidnon 2. Batanes 7. Recommended for reclassification to 1st Class. 8. Raised to Fi.'.rst Class-D. O. 32, Oct. 13, 1948, Sec. of Int. 9. Raised to 2nd class-D. 0. 33, OC"'.:. 28, 1948, Sec. of Int. 10. Romblon, ·a reestabli.shed province, has been classified as 4th class (D. 0. 10, Aug. 22, 1947); Catanduanes, a new province, has been recommended for classification as third class. *See page 25 ** Raised to 1st Class B_:_D. 0. 40, Dec. 23, 1948, Sec. of Int. (Note:-Classijication of M1lnicipalities will be publi~hed in the next issue.) JANUARY, 1949 Page !) · Compliments of Del Gallego Sawmills Page 10 Operating at Del Gallego, Cam. Sur and Hon. Jose U. del Gallego Provincial Governor of Camarines Sur THE LOCAL GOVERNMENT REVIEW Disbursement Of Discretionary Funds U PON the recom1::endation of the Secretary of the Interior, and the '.lpproval of the Secretary of Finance of the particular resolution by which »uch action shall be taken, provincial boards may appropriate money for purpo!'es not specified by law, having in view the general welfare of the province and its inhabitants (Section 2106 (a), Revised Administrative Code). Control over such appropriations, when authorized, should generally be given to the provincial governor. Under such condition, it will consequently be set up in the functional classification C-l-r, but there will be no objection to placing appropriations of this nature under the control of other responsible officials, the same being discretionary on the part of the provincial board and of the approving Secretary. Whenever such appropriations are authorized, the purpose or object for which the same may be spent should be clearly and expressly stated in a specific manner in the resolution 0f the provincial board making the appropriations. Should the board overlook this requirem8nt uporu the passage of the corresponding resolution, the provincial treasurer and the provincial auditor will immediately call the attention of this body to the oversight and ask it to set forth in a subsequent resolution the specific purpose for which such appropriations are made availab1e. No appropriations of this nature will be set up in the books of the provincial treasurer until the requisite departmental approval has been secured. This special appropriation will be available only for the purpose for which it has been created or obligated, which, to be lawful, must be of a public characJ!:er, beneficial to the interests of the inhabitants of the province, and connected with the exercise of the powers and functions of the local government. Expenditures from discretionary or emergency funds are governed ty the same general regulations as are prescribed for any other kind of governmen~ funds. In the disbursement of such f!unds, for example, the cost of wines, tobacco anrd JANUARY, 1949 music is not allowable in audit, even if the resolution establishing the special appropriation ex·pressly provides that such appropriation is for the entertainment of a visiting personage and it has been approved by the Secretary under such purpose. Vouchers covering disbursement from such special appropriation will be pre-audited by the provincial auditor personally before the same may be presented to the provincial treasurer for payment. The voucher toget'tler with all its supporting receipts will be submitted to the provincial auditor himself who will immediately a·udit the same personally. If the voucher is found correct, the following notation will be made thereon: Receipts supporting this claim have been audited by me personally and found correct. The receipts concerned, after being invalidated by the provincial auditor by means of proper notations and checks with his initials, :nay be detached from the voucher and retained by him. The voucher will then be in order for payment. The provinClal treasurer will pay the voucher bearing the above notation without further requ<iring the submission of the corresponding receipts the.refor; provided, however, that, if there is no objection on the part of the provincial governor, aH disbut'sement vouchers covPrimr expenses o:nargeable against the dfscretionar) rnnd of the said provincial governor may first be submitted to the provincial treasurer personally together with the supporting receipts for his information or comment.-SEC. 625, Revised Manual of Instructions to Treas1trers, 1939 Edition, pp. 456-457. DISCRETIONARY EXPENSES When appropriation and expeudiwre of a discretionary character has been duly authorized in accordance with law, as in the City of Manila, ciiarges to the r, Discretionary, acc0unt will consist of those expenses for services of confidential nature rendered by such personnel as are temporarily err.ployed by proper administrative of(Continued on next page) Page 11 Rulings of Auditor GeneralExpenSeS Chargeable to the Dism·etionary Fund of the Provincial Governor "With reference to Item No. 1 of the enclosed Resolution No. 176, current series, of the Provincial Board of Mountai11 Province, it is recommended that expenses from. the discretionary fund of the Provincial Governor for the reception and entertainment of vis: :ting officials be limited to ~nose for the President and Vice-President of the United States, the TJnited States Ambassador, the President antd Vice-Presic'ent of the Republic of the Philippines, and members of the Cabinet and of the Congress of tlie Un'ited States on official trips. "Department Secretaries of the Republic of the Philippines on official ini::pection trips should only be allowed c:mrtesy transportation expenses in their entertainmenJt, inasmuch as under the Travel Expense Law they are entitled to reimbursement of expenses incurred by them in connection with the said trips. "With respect to Items 2 and 3. this Office has no objection to the use of discretioirnry fund of the Provincal Governor for the purposes therein stated. "Items 4 and 5 may be paid from the regu.Jar appropriation for 'travel and transportation,' 'travel expenses of persons not gover,nanen.t employees,' or 'other service' in the General Fund. (Continued from page 11) ficers to carry on successfully the various administrative activities of the Government; for compensation of spies and informers employed to detect the whereabouts of criminals or the presence or existence of prohibited games; and those authorized expen:>es of representation, such as for the entertainment of high official or foreign persomtges, tourists, ek. No appropriation or expenditure shall be mad2 for this purpose unless previously sanctioned by the Department Head.SEC. 833, Revised Manual of Instructions to Treasurers, 1939 Edition, p. ll42. Page 12 "It is understood, in this connection, that the appropriations... is (are) subject to the approval of the Honorable, the Secretary of Finance and that expenditures therefrom shall be governed by the provisions of Section 625 of the Revised Manual of Instructions to Treasurers." - 2nd Ind., April 30, 1947, of Auditor General to the Secretary of the Interior. Items 2, 3, 4 and 5, mentioned irn the foregoing indorsement read as follows : "2. Compensation of special' and confidential agents of the provincial government employed 'uf the Provincal Governor in connection with the maintenanc~ of peace and order, particularly in the detection and/or apprehension of criminals and prevention or suppression of crimes and other forms of lawlessness within the province. "3. Meal rations and/ or other necessary and incidental expenses during meetings or conferences of tribal chieftains or village headmen called for by the Provvincial Governor in the interest and conduct of the provincial administration. "4. Expenditures of official -delegations in representation of the province in any national celebrations or occasions upon instructions from superior offices. "5. Such other emergency and extraordinary expenses not covered by any prescribed classification in the budget, such as (a) subscriptions on periodicals, magazines, newspapers; (b) printed matters and/or special issues or supplements of any publicaltion, periodicals, magazines, newspapers provided that same contain subject or S1Uhjects of publfo and special interest concer,niing the Mountain Province in particular or the nation at 'li arge." THE LOCAL GOVERNMENT REVIEW Assignment of Rooms to Provincial Officers "The Provincial Treasurer is the le::gal custodian of all provincial buildings :ind pursuant to section 2'089 ( c) of ~he Administrative Code, it is his duty to assign, subject to the approval of the provincial governor, rooms to provindal officers and other public officials who, by law, are entitled to office space in the provincial building. It is not incumbent upon the Prov'incial Board, in the exercise of its duty to provide and furnish suitable offices for provincial officers ar.d othe'r officials who, by law, are entitled thereto at provincial expense, under section 987 and 2102 (b) of the aforecited Code, to assign office rooms, as done in the instant case by the Provincial Roard of Zambales in its Resolutions Nos. 417 and 418, current <oeries, copies attached. The assigning -Qf rooms of the provir.cial building to the officers entitled thereto by the Prov1T1cial Board was done in excess ')f aut.hority and in violation of section 2089 ( c) of the Administrative Code. In view hereof, this office is of the opinion that the above stated resolution3 in so far as they are in conflict with the assignment of the said rooms already made by the Provincial Treasurer and approved by the Provincial Governor, should not be given due force and dfect. "It should be understood, however, that in the assignment of rooms to the various offices concerned, the suitability and adequacy thereof should he made the prime consideration."- 3rd Ind., Oct. 17, 1939, of the Auditor Gen0ral to the Prov'incial Treasurer of Zambales; G.A.O.F. 66.6 Zambales. "'""""""'"""""'""'""""::::::::::::::::::::::COMPL/JY/ENTS OF::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::'" ALIP AND BRION PUBLICATIONS, INC. A. P. Reyes, Bldg. Corner Raon and Sales Streets Manila PUBLISHER OF f ILIPINO CHILD THE FAVORITE MAGAZINE of School Officials Teachers and Pupils L 4.nd Teictbooks On ..JANUARY, 1949 Philipp1:ne Government Philippine History NaJtional Language and Others LIFE Page 13 LegislationsREPUBLIC ACT NO. '130. CLASSIFICATION OF PROVINCES AND MUNICIPALITIES FIRST CONGRESS OF THE ) - REPUBLIC OF THE PHILJPPINES) ) Second Session ) H. No. 999 * . [REPUBLIC 1A.CT NO. 130] AN ACT CONTINUING THE EXISTING CLASSIFICATIONS OF PROVINCES AND MUNICIPALITIES AND AUTHORIZING THE PRESIDENT OF THE PHILIPPINES TO MAKE PARTIAL READJUSTMENT THEREOF'. Be it enacted by the Senate' and House of Representatives of the Philippines in Congress assembled: SEC. 1. The classifications of the provinces an<l municipalities last made by the Secretary of the Interior are continued until revised in accordance with this Act. SEC. 2. Beginning. with the year nin!!teen hundred and fifty-one and for each period of five cons(Jcutive years after said date, the President of the Philippines shall order the classification.. of the provinces and municipalities in accordance with the graduated amounts <'<stablished in section two thousand one·· hundred seventy of the ,\dministrative Code, as amended, Commonwealth Act Numbered Two h 1J n d red ninetyeight, and section o n e of Act_· Numbered Three thousand seven' hundred ninety-eight: Prnvided, That •vhenever. advisable in the public interest, the President of the Philippines may, before and after said d·ate, make· a partial readjustment of the classification of a province or municipality bRsed on the average annual revenues. of such ptovince or municipaJ.ity for any preceding three consecutive fiscal years in accordance with foe graduated amounts. SEC. 3. All :>ds or uarts of acts which are inconsistent wfth the provi-oions of this Act are hereby repealed. SEC. 4. This Act shall take effect upon its approval. Approved, Jun,e 14, 1947. *This bi!/. was drafted by the editor of this REVIEW with the assistance of Atty. Clemente Sioson of the Department of the Interior and introduced in the House by Congressmen Loniunta<l, Barreto, Reyes, Cinco Co,ba.rruguis, and Topacio Nueno with the following ' EXPLANATORY NOTE "The provinces were last classified effective October 16, 1941, under Department Order No. 6, dated March 21, 1941, of the Department of the Interior, pursuant to section 3 of Act No. 3798, as amended by Act No. 4216, and should have been reclassified effective October 16, 1946. The municipal·ities in regularly organized provinces were last classified effective January 1, 1941, in accordance with sections 2170 and 2171 of. the Revised Administrative Code, as amended, under Department Order No. 1, dated December 11, 1940, as amended by Departmenrt Order No. 8. dated October 6, 1941, of the Department of the Interior, and should have been twice reclassified effective January 1, 1944 and January 1, 1947; Page 14 while the municipalities in ·specially or- - ganized provinces were for the first time classified in accordance with subsection (-d) of section 2614. of the Re- - vised Administrative Code, as amended ! by Commonwealth Act No. 298, under Department Order No. 4, issued in 1939, effective July 1, 1939, of the De- - partment of the Interior which superseded Department Order No. 3, dated · May 29, 1939, and should have been also twice reclassified to take effect . July 1, 1942, and July 1, 1945. The proper data on fiscal resources of the · provinces and municipalities, upon which a new classification shall be · based in• accordance with the laws cited, . are no longer available according to the · (Continued on page 16) THE LOCAL GOVERNMENT REVIEW:OFFICE Ot: TME. PRUIOE.NT OI" T14£ Ptrn .. 1PPINl' MA\.ACAMAN -. PHH.IPPJHE.S ftE.RALDRY COMMITTE.6 ACTUAL SIZE APPROV£D BY AUTMORITY OF TMI. Pl'UIOl.WT COL.OR GUIDll : 11 •'-u& lluo ~ODOR /~~STA --iXecvi1 !. -s-ac111.-e.--,.·":Rv-- ., JANUARY, 1949 Page 15 Explanatory Note ..... Deputy Auditor General who, together with ·the Secretary of Fi11Jance, has expressed the view that a new classification based on the average annual revenue during the period specified in the laws above mentioned is not now Possible. B{)th these officials recommend that the classifications, as last determined by the Department of the IntericT, be extended until they are revised on the basis of the average annual receipts durir.g- the required periods. For such extension, section one of the BilL provides. Under the laws now in force, the municipalities ill the regularly organilied provinces, the municipalities in the specially organized provinces, and the provinces (regular and sp: ecial) have to be reclassified to take effect on three different dates. While the period within which the readjustment of the classifications of . the municipalities is fixed at three years, the period for the readjustment of the classifications1 of the provinces is l'ixed at five years. Originally there might have been good ;-easons for fixing different effective dates for the classifications and for prescrib:ng differerut fiscal periods upon which to base such classifications. 'We fo not now see any good reason for ~uch differences, considering that the finan'Ces of the province and municipal,ty dovetail. The proposed Jaw provides for the general classification and adjustment of 8UCh classif;cation of all the pr0vinces and municipalitioo at the same time after the lause of every five consecutive years. Ii is believed that this period of interval would the better reflect lthe finaJ'lJCial standing of a province or municipality. The year 1951 is heing fixed as the beginning of. the first general classHication, as five fu.Ji fiscal years will then have passed since liberation. Section two of the bill contains a proviso which makes the classification of a province or municipality flexible, that is, responsi,ve to the facts of growth and change. Thus a province or municipality that will have had buoyant finances after three full fiscal years from ll1>eration may be reclassified to a higher class even before 1951. Similarly a municipality may be reduced Page 16 MUNIClP AL GOVERNMENTS AUTHORIZED TO INCREASE SALARIES OF MUNICIPAL POLICEMEN BY THE PRESIDENT OF THE PHILIPPINES EXECUTIVE ORDER NO. 183 AUTHORIZING MUNICIPAL GOVERNMENTS TO INCRBASE SALARIES OF MUNICIPAL POLICEMEN WHEREAS, the maximum rates of s.alaries fixed for municipal polieemen under Republic rAct No. 160 are inadequate under present econun:1c CCYil· ditions due to the elimination of the bonus formerly received by them; and WHEREAS, such a state of :?.ffairs is not conducive to the efficiency of the public service and may compel our guardians of law and order to commit a ts detrimental thereto; NOW, THEREFORE, I, ELPIDIO QUIRINO, 'President of the Philippines• , by virtue of the powers vested in me by the Constitution and the Emergency Powers Law, do hereby allow the var,ious municipal governments, should their financ:al conditions permit, to increase the salaries of municipa1 policemen to such amounts as shall not exceed the sum of their basic pay and the bonus formerly received by them: Provided, however, That no municipality shall incur any overdraft for the purpose of effecting the salary inicreases herein authorized. Done in the City of Manila, this 9th day of November, in the year of Our Lord, nineteen hundred and fortyeight, and of. the Independence of the .Philippines, the third. (Sgd.) ELPIDIO 'QUIRINO President -of the Philippines By the President: TEODORO EVANGELISTA Executive Secretary in class if its finances do not reflect the present classification thereof. But after the ].apse of one more year which favored the same municipality with increased re·\-enues, it may, following that year, be raised in category by virtue of the provision of section two. So, (Continued on page 47) THE LOCAL GOVERNMENT REVIEW Opinions Secretary of JusticeBACK PAY OF TEMPORARY EMPLOYEES AND LABORERS "SIR: This is in reply to your letter of July 31, 1948, wherein you request my opinion as to whether laborers who actually began to render services on Dec·ember 8, 1941, but had not renderPd six mon1 t:hs of continuous service prior to said date may ·be entitlt:d to file claims for thP recognition of their rights to back pay covering the period from Januarr 1, 1942 to February 26, 1945, pursuant to the provisions of Republic Act No. '304. "You state that six months' continuous service prior to December 8, 1941, was required of those lll!borers who were granted three months' advance salary and two months' gratuity under Administrative Order No. 167 of December 18, 1941 and Executive Order ~o. 83 of December 24, 1945, respectively. "Republic IAct No. 304 provides in section 1 as· follows: 'Except as herein provided, the right of all, officers, employees and persons under contract with the Government of the Commonwealth of the Philippines who, on the eighth day of December, nineteen hundred and forty-one, were serving in the classified or unclassified service .1f national, provincial, city or municipal governments, including the University of the Philippines and the corporations owned or controlled by the Government, to such of their respective salaries, emoluments, fees, per diems, compensations or wages as have not been received by them by reason Gf the war, and those of the free local civrl governments, provincial, and municipal, duly organized for purposes of resistance against the enemy, corresponding to the period from January first, nineteen hundred and forty-two, up to and including February twenty-six, nineteen hundred and forty-five, or any portion of such period or before and subsequent thereto when they were in operation, as hereinbelow provided is, ur.der the JANUARY, 1949 conditions provided in this Act, hereby rPcognized.' "That laborers come within the purview of this provision appears unquestionable. Section 671 of the Revised Administrative Code provides that laborers whose rate of compensation is not more than two pesos per day are embraced in the unclassified civil service while section 670 provides that the classified service embraces all not exprP.ssly declared to be in the unclal:jsified service. Under Republic Act No. 114, however, which amends section 671 of the Revised Administrative Code and took effect on June 7, 1947, all laborers. whether emergency, seasonal, or pe.rmanent irrespective of salaries" are declared to be in the unclass.ified service. "The onily doubt then is whether all laborers, regardless of their length of service, are to be recognized as enti,tled to file their claims for back pay under the act. "Nowhere in section 2, quoted above, or in any other section of the law is it required t1 hat to entitle an employee to back pay he must have rendered six months of continuous service before December 8, 1941. No such requirement having been prescribed, it is not permissible to engraft it by construction upon . the law. 'In the construction of a statute,' it has been saidi, 'the general rule is that the court may write no limitations therein. As variously expressed, the statute may not be re~ sitricted, constricted, qualified, narrowed, or abridged. Hence, general words• are to have a general operation where the manifest in.tentfoni of the legislature affords no ground for qualifying or restraining ithem" (50 AmJur., pp. 217-218.) "That six mo!llths~ service was prescribed as a prerequisite to the payment of the gratuity provided in Executive Order No. 83 to employees who were paid on a daily basis is no argument (Con~~nwed on page 19), Page 17 BIG NEWS FOR ALL!! 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Publishers and Booksellers-706 Evangelista, Quiai>o 35.00 30.00 30.00 20.00 25.00 8.00 6.00 38.00 3.50 25.00 1.00 10 00 20.00 15.00 20.00' 15.00 20.00 2.00 5.00 4.00 5.00 4.00 3.50 1.00 1.50 10.00 15.00 5.00 4.00 4.50 3.50 3.50 1.00 4.00 20.00 2.00 4.50 3.50 7.50 225.00 850.00 1,000.00 1,100.00 2,000.00 :Back pay ..... that the same requirement is imposed by Republic Act No. 304. The absence of that requirement implies an intended change in the application of the -Statute. lWhere the meaning of the .Prior law is intended to be continued, its terminology is also usually continued, so that an omission of words implies an intended change jn the meaning of the statute. Under these rules, the courts rnay n ot add a res'tr iction found in a prior statute, but omi tted from a later -0ne.' (50 Am. Jur., p. 263.) "The conclusion that service for S'ix months is not H ecessary to entitle one '.o recognition of his right to back pay ·1s further strengthened by another consideration. Republic Act No. 304, ·compared with the orders' giving the three months' advance pay and two months' gratuity, is much more detailed ·a nd comprehensive. Administrative ()rder No. 27 uses the word 'salary' while Republic L <\ct No. 304 employ~ t he more in1c!usive ex.p· ression, 'salaries, em?luments, fees, per diems, compensations, or wages.' The former makes mention of ~he officers and employees <>f ti?~ national, provincial, city or mumc1pal governments, including their .agencies and instrumentalities and -corporations and companies ow~ed or ''.ontroHed by the government; the latter expresses itself with greater prec ision by referring to those 'who wen ' servi.ng in the classified or unclassified :,ervice ~f . the national, prov'incial, city or mu~1c 1p~l governments, inc/udin.IJ f he Unwersity of the Phi lippines and corporations owned or controlled by t he Go·vernment,' and by adding tlie clause 'persons under contract wirth the Government of the Commonwealth of the Philippines.' It appears eviden~ that the law-making body intended to '.'la~'e Republic Act No. 304 complete m itself, and that it did not intend to lea ye . anything to implication. The 'Om1ss10;- of t~ e proyision requiring six mor.iths ser vice evmces the intention Qf . Congress to do away with that re{]U!rement for the purposes of Republic Act No. 304. " I believe, therefore, that laborers who were !Ii the service on December 8, 1941, are entitled to file d aims for .JANUARY, 1949 the recognition of their right to back pay regardless of the period of service rendered prior to ·that date. "Ini this connection two of t1 he queries submitted by the Manager of the Natjonal Power Corporation to the Corporate Counsel and the latter's reply which bears my approval, are quoted hereunder for your guidance in simi~ar or pertinent cases: '1. Are temporary construction employees who would have been laid off. before June 30, 1942, by virtue of the completion of construction work entitled to back pay? '2. Is an employee whether temporary or permanent who was in the service on December 8, 1941, but who resigned between December 9 and December 31, 1941, still entitled to back pay?' "1. If a person w&s in your service on December 8, 1941, but would have b~en laid off before June 30, 1942, by virtue of the completion of his work, I am of the opinion that he is entitled only to bac~ pay from January 1, 1942, up to the time he wou. 1d have been laid off minus, of course, the three months advance salary and two months' gratuity which he may have received and ar.~ back pay received or to be received from the U. S. Government (Sec. 7, R.A. No. 304) . It should be not ed that Section 1 of Republic Act No. 304 expressly stipulates that the back pay it recognizes is that which has 'not been received by r eason. of the war.' The only pay which the employees under the present question have not received by reason of the war jq their yay from January 1, 1942, up to the time they should have been laid off. Any payment correspor.•ding to the time after they should have been laid off would not have been received by them irrespective of whether the war had broken out or not and therefore, is not contemplated by th~ law." "2. For the same r eason that an employee is. entitled to back pay only up to the time he would have continued in his work if the war had not broken cut, an emplo:vee who was in the service on December 8, 1941, but who re( Continued on vage 25) Page 19 Snpreme Court Decision LOCAL AUTONOMY Vol 50 Phil. Rep. 686-694. ANDRES M. GABRIEL, plaintiff and appellant, vs. THE PROVINCIAL BOARD OF PAMPANGA ET AL., defendants and appellees. 1. MUNICIPAL CORPORATIONS; J,OCAL AUTONOMY. -- The local autonomy granted municipal corporations in the Philippines must be protected from higher usurpation of strictiy local powers. 2. I D.; I D.; M U 'NICI PAL AUTHORITY.-The Municipal Law, ~s revised, grants to the' municipal council certain legislative powers of discretion:ary character (Administracive Code, sec. 2243). 3. ID.; ID.; PROV0 INCIAL AUTHORITY.-The only ground upon which a provincial board may declare any · municipal resolution, ordinance, or order invalid is when such resolution, ordinance, or order is "beyond the powers conferred upon the council or president making the same" (Administrative Code, sec. 2233). Abrnlutely no other ground is recognized by the law. Ai strictly legal question is before the provincial board in its consideration of any municipal resolution, ordinance, or order. The provincial disapproval of any resolution, ordiniance, or order must be premised specifically ·Upon the fact that such resolution, ordinance, or order is outside the scope of the legal powers conferred by law. 4. ID.; ID.-The action of a provincial board is final for the executive <lf'>partment except when appealed from, whether it is correct or incorrect. The plain remedy to correct an error committed by a provincial board is by appeal of the municipal council to the Chief of the Executive Bureau. 5. ID. ID.: ID.-The facts a:t bar examined al'ld found to disclose a disapproving resolution of a provincial board grounded on a mistaken. finding of fact, of resolutions of a municipal Page 20 council which gave equable applicationi to a previous ordinance and a previous-, resolution adopted pursuant to dele-gated discretionary authority. APPEAL from a judgment of the Court of First Instance of Pampanga .. Rosauro, J. The facts are stated in the opinion: of the court. Nepomuceno & Yamzon and J. E~ Blanco for appellant. Provincial Fiscal Catigbac and Felix· B. Bautista for appellees. iVIALCOLM, J.: In 1905 the municipal council of Pampanga, adopted ordinance No. 138' relating to the installation of. steam: engines (Exhibit A). Taking advarutage· d this ordinance, on October 24, 1925; Andres M. Gabriel requested authoriz:ition from the Angeles. municipal' council to set up a rice mill (Exhibit C). On submission. of the petition, the council by a vote of six to two approved'. resolution No. 137 conceding the per-mission requested (Exhibit G). It appears further from the record that on April 5, 1906, the Angeles: municipal council-had ad0pted resolution.· No. 237, intro'Ouced with the preamble "The -installation of. steam· cngin·es within the poblacion being· opposed to the general interests of the municipality, the council after careful" ~tudy and deliberation unanimously," and then providing "Resolved: That a district of the mun<icipality is hereby· declared within the zone bounded by-four streets: Rosario, Lacandola, Jesus and Rizal, which form a square" (Exhibit B). To clarify the position of · the petitioner Grabriel and likewise t<> · meet the protest of certain citizens, on. the same date that approval was given to re~olution No. 137, the municipal council passed reSO'lution No. 136_. in wnich it was declared "that the site· selected by the petitioner A1;drcs MGabriel for the installation of his: steam engine is outside the radius orTHE LOCAL GOVERNMENT REVIEWAutonomy ..... square designated by the municipal council of tAngeles in its resoluthrn N 0. 237, series 1906" (Exhibit 0). The question next passed to the provincial board of Pampanga (Exhibits Q. R, T, and U). By agreement of the parties, a decision by the provincial board was held in abeyance awaiting the opinion of the Executive Bureau {Exhibit 8). The parties stipulated that "In case that tlie Executive Bureau holds that the said lot is within the 'radius of the municipality,' the petitioner will not insist in his preter.1sion, the honorable P.rovincial board simply disapproving resolutions No. 136 and 137, series 1925. above referred to; and in case that the said office resolves 0therwise, the protestants, will withdraw their protests, the honorable provincial board approving said resolutions" (Exhibit 7) . The exact question submitted to the Chi·ef of the Executive Bureau in his capacity as a sort of referee was "if the site where it is proposed to erect the rice mill of Mr. Andres M. Gabriel is or is not within the 'radius of the municipality within which is prohibited the instal1.<ttion of steam engines' mentioned by resolution No. 2'37, .series of 1906.;' 'I'he opinion of the Acting Chief of the Executive Bureau dated February 27, 1926, not only gave a literal answer to the question under considera:t<ion which was in favor of Mr. Gabriel, but went further and proffered certain advice in favor of the opposing side. 1Ie said, in part: "x x x An actual inspection of the premises has shown that the lot of Mr. Gabriel where his rice mill is b1ting installed borders Jes us Street, and that it is near ,the center of the town and within a densely inhabited district where many houses of light and mixed materials are built. Considering these facts, it can safely be said that the 'poblacion' referred to in the preamble cf resolution No. 237, now included the lot in question, and to all intenits and purposes, it impliedly comes within the purview of the prohibition. "In view of the foregoing considerations, this office fails to see sufficient and good reasons why the 'muni.J ANU ARY, 1949 cipal council granted a license to Mr. Gabriel to instaM an1d operate his rice mill within ·the 'µqblacion,' which constitutes, when in operation, a menace ::md a :nuisance to the neighborhood. x x x x x x x x x x x "When this case was submitted to this oifice ex-parte by Attorney Henson sometime ago, the question propounded was whether or not· the lot cf Mr. Gabriel, where the rice mill in ']Uestion is being installed, is within the area bounded by the four streetsRosario, Lacandola, Jesus and Rizalrnentioned in resolution No. 237. Without an ocular inspection having been made on the premises, and basing the decision on the sketch of the place <encl the papers submitted at the time by Mr. Henson, the question was answered by the undersigned in the negat. ve. In fact, the lot of Mr. Gabriel lies wholly outside of the territory then considered as the only 'radio municipal' or 'poblacion' of 1Angeles irn 1906. Rut, as stated above, the town has grown so considerably since then that the 'radio municipal' of Angeles must be deemed to have oeen extended to and should include now, such portion~ of the territory bordering the four streets in question1 as are thickly inha:bited as any portion of the 'radio municipal' of 1'906. x• x x" Following receipt of the communication from the Execut'i ve Bureau, th) provincial board of Pampanga met and in resolution No. 414. of date April 6, 1926: "Resolved, That this board do and it hereby decide thaf the location of the lot where Mr. Andres M. Gabriel is applying to establish a rice mill is within the territory considered as 'radio municipal' or 'poblacion' of Angeles in 1906. This decision is based on the advice of fhe Chief of the Executive Bureau. x x x Resolved, further, That, in view of the above, resolutions Nos. 136 apd 137, series of 1925, of the municipal council of Angeles, be and are hereby disapproved." (Exhibits V and 10). When the adverse action of the provincial board came to the knowledge of Mr. Gabriel, he communicated with the municipal couIJiCil of Angeles and asked the council to (Continued on page 23) Page 21 r- - --- -·-~==~==s~~--~,===='li I I CASTILLO and MADULID Ii General Merchants 541 Evangelista, Manila - - - - ) ) Q « - -- - Dealers on: School and Office Supplies School and Office Equipment Garden Tools Sporting Goods Engineering Supplies Engineering Equipment ---»0«--J . G. CASTILLO Mana{ler (Lawyer and C.P.A.) .. JOSE MADULID Treasurer - - -»0«- - - !! II Ii Branches: i City of San Pablo City of Naga i ~"""'"""urn111u1111111111111111111111111111tm1111u1111111111111111111um1t11 ·""""""""""""""""""'""'"""""'"""'""""'""·""''""""'"""""""'"""'""'"""""""""'""'"""""""""""""""'"""'""'""'""""'""""'"""""""'"'""'"'·~· Page 22 THE LOCAL GOVERNMENT REVIEW Autonomy ..... appeal from the ruling to the E<xecutive Bureau. A.t a meeting of the municipal council held on May 23, 1926, there being present nine councilors imd the municipal president ar.<d absent the vice-president and one councilor, on the question being put to a vote, .six m·embers voted to appeal, one voted agair:Gt, :;ind two abstained from votiTig, with the result that the necessary t.wo-thirds of the · membership was lacking to sancrt:ion lthe appeal (Exhibits 'LL and 12). On June 28, 1926, the municipal president of Angeles issued executive .order No. 1 directing Mr. Gabriel to desist from using his rice miU (Exhibit X). On July 16, 1926, the council adopted a'lother resoluffon in which it was resolved "That the case is definitely terminated with respect to this council; ar.<l that the municipal secretary file said resolut'on of the provincial board" (Exhibit 11) . Having run counter to insurmounttable obstacles in the Executive Department, c0unsel for Angeles M. Gabriel next bethought themsel.ves to air their grievances in the courts. Accordingly, in the Couiit of First Instance of 'Pampanga, an action was begu·n to secure an injunction prohibiting the municipal president of IA.ngeles from interfering with the rice mill of the plaintiff, and to secure a judicial declaration that resoiution No. 414 of ithe provincial board of Pampanga of April ,6, 192'6, is null and of no effect, and that resolutions Nos. 136 and 137 of the municipa.I council of Angeles, series nf 1925, are valid. The provincial board of Pampanga interposed an an.swer. A trial was had an1 d thereafter a decision· was handed down, concluding with a judgment setting aside the p»eliminary injunction and dismissing the ca.sc, with costs against the plaintiff. . Fro1'.1 the judgment just mentioned, the losn;1g party has appealed and here has assigned and argued four errors, 'll'lZ.: "l. The trial court erred in refusing to declare that the plaintiff's steam engine was mstai1·2d outside the JANUARY, 1949 zone prohibited in resolution No. 237 of the municipal council of Angeles; "2. The tria:l court erred in declaring that aside from · the authority of the council it was necessar y that the municipal president should have issued a permit to the plaintiff before the latter could install his steam engine, though this omission could be cured in view of the testimony of the municipal president; "3. The trial courlt erred ·in declaring that the provincial board of Pampanga haid jurisdiction to annul resolu· tions Nos. 136 and 137 of the municip?.l council of Angeles, and that the 0nly proper remedy to correct any illegality committed by the board is on appeal to the Executive Bureau; "4. The trial court erred in not deelaring that the resolution of the proviPcial board was adoDted in violation of the agreement enter:ed inito by the parties and upon improp<!r and. illegal g-rounds with abuse in the execution of its functions." ·We propose to take un der observation the third error as st12·gesting the prime issue and as decisive of the app~a l. The Municipal Law, as revised, grar.ts to the municipal council certain legislative powers of discretionar y character. Among these is authority "To regulate the establishment l'lnd pro vide for the inspection of R team boilers within the municipal·ity" (Administrative Code, sec. 2243 n) . Pursuant to this and other legal provi-· sions, the council of Angeles clearly had a right to supervise the installation of steam engines and to delimit the r.one within which they could be installed. BlU!t when municipal action was taken, it then became incumbent on the provincial board to pass on the legality of the proceedings. As provided in section 2233 of the Administrative c_odle, "I:f the board should in any case frnd that any resolution, ordinance, or order, as aforesaid, is beyond the pow:-rs confer~ed upon the council or president makmg the same, it shall declare !'\uch resolution, ordinance, or order in:-ralid, entering its action upor.• the 'Timutes and advising the proper (ConVtnued on next page) Page 23 Autonomy ..... municipal authorities thereof. The <effect of such action. shall be to annul the resolution, ordinance, or order in question, subject to action by the Chief of the Executive Bureau as hereinafter provided." It was pursuant to the above-cited section that the provincial l:loard of Pampanga presumed to act in disapproving the resolutions of the municipal council of Angeles. But the municipal council had still its remedy, which was to appeal from the action ·0f the provincial board. Section 2233 of the Administrative Code provides: "Should the council of any municipal!ty be dissatisfied with the decisiom of ·the provincial board, an appeal may be taken by a two-thirds vote of the council to the Chief ·of the Executive ·Bureau, who shall decide the same question which was presented to the -provincial board. x xx If the decision of the provincial board is affirmed, the ordinance, resolution, or executive order involved shall be null and void. "If, however, he shall reverse the decision of the provincial board then ar;d in that case notice of his de~ision shall be given to the provincial board and to the council of the municipality appealing, and upon receipt of notice by the appellant, the ordinance resolu-tion, or executive order shall b~ revived and come into force again." In this instance, however, since the plantiff ·was unl'l,ble to g>ain the support of the neccEsary number of the local counc:l·1ors, he could not prosecute an appeal to t1'e Executive Bureau. The only ground upon which a provi111 cial board may declare any municipal resolution, ordinance, or order in·valid is when such resolution, ordinance, or order is "beyond the powers conferred upon the council or president making the same." Absolutely no other ground is recognized by the law. A strictly legal question is before the ·provincial board in its consideration of ·:i municipal resolution, ordinance, or ·order. The provincial disapprova:l of a n y resolution, o r d i n a n c e, or •order must be premised specifically upon the fact that such resolution ordinance, or order is outside the s~ope of the legal powers conferred by law. Tage 24 If a provincial board passes these limits, it usurps th::: legislative functions of the municipal council or president. Such has been !the consistent course of executive authority (Opinions Attorney-General Wilfley / 1905/ , II Op. Atty.-Gen., 557, 642 ; Opinion AttorneyCeneral Villamor / 1910/ , V. Op Atty.Gen., 382; Opinion ;Attorney-General Villa-Real, November 2·2, 1922; Opi· :'lion Attorney-General J aranilla, August 9, 1926 ; Provincia1 Circular Execu . tive Bureau, September 16, 1918) . It is., of course, clear that the action of a provincial board is final for the exec1,1tive department except when appealed from, whether it is correct or incorrect. It is equally clear that the pla·in remedy to correcl1 an error committed by a provincial board i·s by appeal of the municipal council to rche Chief of the Executive Bureau. Such has been the trend! of judicia!l authority (Chanco vs. Munic·ipality of Romblon / 191()/ , 15 Phil., 101 ; Panlilio vs. Provinc!al Board of. Pampanga / 1916/, 34 Phi'!., 323; Governme!llt of the Philippin:es Islands vs. Galarosa / 1917/, 36 J>h11., 338). But the cases cited are not here decis·ive and are distingu.ishable on their facts from the casie befor us. !n this instance, certain decisive pomts govern. The ordinance of Angeles of 1905 and /the resolution of Angeles of 1906 were general in nature, and have never been modified .or set aside. The~ sh?uld, therefore, receive· equable apphcat.ion. The two resolutions of Angeles of ~9~5 did so for they merely gave spec1f1c effect to the 1905 ordinance and the 1906 resolwtion. On the 0th.er hand, the disapproving resolut10:i of the provincial board was not predicated on any legal consideration ~at~er was it grounded on a mistake~ fmdmg of _f~ct, d!amatrically opposed to t_ he mu.mc1pal view point and enrtirely mcons1stent with the tru·e state of af~airs, which disclosed that the rice mill of Mr. Gabriel was outside of the l:"estricted district. The provincial act was ultra vires. All the equities of the case are in favor of Mr. Gabriel. · He has spent between P20,000 and ¥·30,000 for his (Continued on page 25) THE LOCAL GOVERNMENT REVIEW Back pay .. ... sig'lled between December 9 and December 31, 1941, is not entitled to the bem~ fits of the ·Back Pay Law. Such employee did not receive his pay starting from January 1, 1942, not 'by reason of the War' but because he had already resigned and was, therefore, nQ longer entitled thereto. It will be noted that Republic Act No. 304 expressly recognizes back pay only from January 1, 1942, and si·nce these employees were no longer entitled Ito pay as of that date, they have no right to any of the benefits of said Act."-Letter dated August 12, 1948, of Sec. of Justice to Dir. of Public ·Works, being Opinion No. 231, Series 1948. Classification . . . . . · (a) First Class-A: The provinces that have obtained an average total revenue of five hundred th011.Sand pesos or more p&r antnwni for five consecutive years; (b) Ffrst Class-B: The provinces that have obtained an average total revenue of .four hundred thousand pesos or more per annum, but less than five hundred thousand pesos, far five consecutive years; (c) First class: The provinces that have obtained an average total revenue of three hundred thousand pesos or more per annum, but less than four hundred thousand pesos, for five consecutive years; (d)Second class: The provinces th.at have obtained an average total revenue of two hundred thousand pesos or more per annum, but less than th1·ee hundred thousand pesos for five consecutive y·ears ,· (e) Third class: The provinces that have obtained an average total revenue of one hundred thousand pesos or more per annum, but less than·· two hundred thousa_ nd pesos, for five co1u;ecutive years: (f) Fourth ·class: The provinces that '"""'" obtained an average total revenue of fifty thousand pesos or more per annum, but less than one hundred thousand pesos, for five consecutive years; (g)Fifth class: The provinces that ·have obtained an <J.Verage tgtal revenue of less than fifty th011.Sand pesos per annum for five consecutive years: Provided, That in ·computing the average total revenue, all 1·eceipts in the form of aid or allotments frmn the (Insular) National Treasury, except the internal-revenue allotment under the provisions of section four hundred ninety-one of Act Numbered Twenty. seven hundred and eleven shall be excluded. -Sec. 1, Act No. 3798 as amended by Act No. 4216. JANUARY, 1949 Autonomy .. .. . rice mill. He hf'.s installed that miJ. r beyond the prohil5ited zone where other equally offensive businesses are Joe;1ted. There is more than a suspicion that. ~-olitics have intervened to the great prejudice of a legitimate business. Mr. Gabriel has no other recourse except in the courts and should thel'e find his. remedy. Jt is time to deal a blow against higher usurpation of '110Cal autonomy. The sitiuation calls for a judlicial pronouncement which wm at once protect .Jocal officers acting within the scope of their ·legal powers and which will protect a citizen from arbitrary molestation. Based on the facts and! the iaw, it re-sults that the judgment appealed from sha!J be reversed, and that in the lower· court another judgment shall issue~ making permanent the ,preliminary in-junction previously granted, and requiring the defendants to respect re-· Rolutionts NoSl. 136 and 137 of the munici;pal council of Angeles, series 1925. Without express pronournicement as to> costs in either instance, it is so ordered. A.vanceiia, C. J., Johnson, Street, Villamor, Johns, Romualdez, and VillaReal, JJ., concur. Judgment reversed. For the Jaw is naught but words, save as the law is administered. - Chief Justice Charles Evan Hughes. fV e repair and service: Typewriters Addiillg and (;alculating Machines Cash Register * Duplicators * Etc. OARPIO'S OFFICE EQUIPMENT SHOP 705 Evangelista, Manila Try Our Guaranteed Service PLACIDO P . CARPIO Prop. and Manager Page 21> Miscellany"STRENGTH AT HOME"'· [Address of President Elpidio Quirino before the student body of the Unive1·sity of the Philippines, Monday, October 18, 1948, 4 :!JO p. ni.] Ladies and Gentlemen: Coming to the University of the Philippines is to me like returning to an :i.ncestral home. As an alumnus of this ir.stitution, I f·2el the kinship to all and e\ eryone of the faculty and students. Our family is getting bigger, greater, stronger and, consequen~ly, more powerful everyday·. There.is in this country today no human endeavor in which a member of ours is not found doing creclitablv his own share in the national up-building. Each and everyone of us here congregated should be proud that ne belongs to this family-a family whom history wili single out as having mainly shouldered the heaviest task of guiding the steps of the Republic of the Philippines in its ~ender years. But, my friends, I did not come to make boasts of our achievement. I came rather to discuss with you the nature of the res·ponsibiJi.ty we have assumed and the role our country is duty bound to play on the internationa.J stage, if we are to survive as ani in<lependent people. I consider it proper that you should take time out in your curricular activities, setting a United Nations -week, to devote your attention to the practical consideration of the international problems of the day. I know I will not succeed within a spael) of a few minutes to anialyze and discuss with you ·at length the present world situation, as a necessary background for this celebration. The United Nations, now in general assembly in Paris, has devoted all its time to this work for the first three years of its existence. What it has done to furnish this perspective since its organization in San Francisco in 1945, or in its meetings in London, at Lake *From the Manila Times, Oct. 19, 1948. Page 26 Success, or in Paris, is now written in voluminous tomes. •For our purposes, this afternoon, however, and for what ~ have ir:· mind to t&)!] you, it is sufficient to know the incontro vertible fact that the world today has not as yet found the formula to end wars or to make permaner/t peace. The first world war was ostensibly fought "to make the world safe for democracy"; the second "to end all wars"; and the third, probably, may be to dominate the world, or God f9rbid, to liquidate humanity. Thus 1t looks as if to attain peace the whole human creation must achieve a rebirth, a trar.<sformation so profound as to erase :ill distinctions of race, color, and C!'eed and enable all peoples to feel as belonging to one another in heart, in soul, in conscience- one universal family before the eyes of the Creator. But while humanity is not totally disillusioned- and I am not- and we gre hopeful that the United Nations in its present sessions in Paris may successfully find a way of securing universal tranquility, we cannot sit idly and just wait for that happy moment. As a member of the United Nations, we must ad'<iress ourseJ:ves first to the .solution of all possible conflicts preventing the establishment of peace within our borders. This is the immediate and primordial task of every nation desirous of contributing to world peace. I see no logic for employing a world or.ganization in a moment of national crisis that threatens international peace. The tempered wisdom of the citizens, their mutual respect for one anolther, their restraint against the acts of violence, are far more effective in breaking down an internal crisis than any weapons that can be mustered out, either inside or outside, to quell it. The strength of any world organization for peace lies mainly in the individual efforts for peace of the units composing it. It is, therefore, our paramount and inescapable duty to make the Republic THE LOCAL GOVERNMENT REVIEW Strength . .... of the Philippines a strong place as a worthy unit prop of the United Nations. But in the midst of. the tremmi.dous fask of this new and courageous adventure of the peoples of the world, once again we are confronted with the issue of survival-on a world scale and on a natior.,al scale-in the face of forces a11.d weapons more fearful than the world had hitherto 'seen or known. On a world scale-the question is not whether one nation and its allies can -Obliterate another nation and its satellites, but whether both nations and their allies and satellites will have much of anything left, after all the fury.to make further effort for civilized living worth the· candle. On a national scale- the question is whether in the light of present world developments, our people can continue to sustain their free institutions and .~urvive as a positive factor for the preservation of a free world. In either case, we caninot af:ord to he mere interested spectators. W'e are deeply involved, are very much part of the tragic show. Mankind appears to be under sentence of complete liquida.tion, with the execution of sentence only hours away, if reason does not soon prevail. The representatives of fifty-eight n:ctioms are now trying in Paris all their best to make that reason so prevail. That group of men is our very narrow margin of hope. It is our fervent expectation that they can strain their every effort now to convert the United Nations into a strong moral weapon to parry with force, if violence ·chooses to strike. The Unilted Nations is at the moment on trial, submitted to its supreme test. God grant that the assembly will be a veritable pool nf the world's lofty conscience, powerful enough to avoid unnecessary carnage to overrun the universe! The crisis that stares humanity in the face may yet induce the brute in us to listen to reason. There is certain.Jy a need, an immediate need, of drastic revision in man's thought and action. JANDA.RY, 1949 I believe that man needs only to be properly chal• lenged in order to respond. The .human race has never been challenged by a greater and grimmer crisis than now. This is hardly the time for a romantic pose; the cris1 i·s is immediate and demands prompt decision. The United Nations Assembly now in Paris must not adjourn until it has made that decision. Man still has vast reserves of intelligence a·nd courage adequate to meet the challenge of this hour. He has proven it before, and he cam prove it again-now or never. No amount of wishful thinking for any moment can help us in the present situation. I am not a defeatist, much less an alarmist, nor a sensationalist. But the stern reality is that while we hear voices from across the seas that the world situation is improving, military appropriations are being increased, commanders are being commissioned, and fighting forces are being a1'erted everywhere. As men 2.nd women who have stout hearts and who would not abdicate knowledge and intelli!l"ence in time of: stress, we should not only hope for the best; we must also be prepared for the worst. This brings me to our no less troubled national situation. Our immediate problem is to maintain a strong democratic government as the keystone to our free institutions. I do not know that any other kind of life can be tolerable an•d worthwhile without our free institutions. · We face active threats to our accepted ways of freedom. \Ye face dangers that, unless adequately met, can destroy our Republic and render it useless in the preservation of a free world. Every Filipino who loves his country and his people must be concerned with the maintenance of a strong democra+ic government, the world situation being what it· is. By a strong government I mean a government strong in the support, in the truslt, and in the loyalty of all the people. A government is essentially the handiwork of the people. It is what it i~ because the people make it so. A political party or a group of political (Continued on page 29) Page 27 The officers of the Conference of G011erno1·s and City Mayors with then Sec. of the Interior Jose C. Zulueta, center. At his left, Provincial Governor Manuel Cuenco of Cebu, President, and Provincial Governor Perfercto Faypon of Ilocos Sur, Se· cretaru; at his right, Provincial Governor Jos7' Lingad of Pampanga, Vice-President, and Mayor Ponciano Bernardo of Quezon City, Treasurer. Mayor de la Fuente of Manila, Auditor, is not in the picture. WITH OUR COMPLIMENTS TO THE SUCCESS OF THE LOCAL GOVERNMENT REVIEW F. Z. LEDDA & CO., INC. 7621 Raon, Manila I DealecsFI::R E A R MA~ MU N ISTPI:: :ING GOODS _, L.m ....... ,, ..... = .... ,. .. ::::::::::::::~~::~::::::::::::::::~::::::::::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~::::"'::"::·:"::":~··:"::":::"::·:·:":·::·~::: :::::::::::::::::::::::::::::::::::::::~;:::::::::::~.~ Page 28 THE LOCAL GOVERNMENT REVIEW : Strength ..... parties may make or unmake moment•QUS changes at any given time, but can never in fact run the government as they wish because the government is not theirs but the pe'ople's. A periodic election in the choice of our public -officials is provided so that the people may freely express their will as to -how their government should be run. This is also the safety valve which de-~ocracy has in<Vented to afford public rPlief to political or partisan tension :and insure faithful reflection of considered popular opinion in the adminisrration of public affairs. Violence :and revolution are illegal ways of expressing the popular will. The government, being the symbol of the wm and power of the people, should. be respect·ed, its laws obeyed and its name and dignity upheld. This should be the utmost determination and ambition of 311. And I wish to tell you, my friends, ·that as long as I am President, that ·will be my consuming ambition. (!Applause). For the government, I repeat, does not belong to any grO\IP· It belongs to the people and comprehends every'.body. It includes the last irreconcilable dissident whatever his grievances -may be, fancied or otherwise, against the government. It includes the lowest ·emplo~e of the governmen/t who may feel frustrated beca-use he does not move up fast, or his salary is so me·r:ger. It includes tl:ie omniscient commentator who assumes title to aJ,J the wisdom anid the virtues and sits back ·to watch. It includes the sour oppositionist who appropriates all the idealjsm and the perfection and folds his hands. It incluaes the middle-class family head who takes offense at having to pay blackmarket price for his •cereal. It includes the self-styled liberal who specializes in self-righteousness and moral ostentation. A:ll of us, with·out any exception, are part and parcel -0£ the government. There is thus no ·c;tizen who ean wash his hands of his government, not even the humblest toiler, whose whole concern from day to day is to find the wherewithal of -his daily rice and that of his family. .JANUARY, 1949 When I speak of government strong in the support of the people, I am not asking that our citizenlS should merely give lip service of-cooperation, by press statements or otherwise, but must show actually that they are endowed with the civic spirit to translate their words into deeds, their thoughts into action. What is more important still is for every citizen to continue exercising utmost self-reliance, to have a lively sense of his. community obligations, to act upon them or.1 his initiative, and to be responsive to every available opportunity for social cooperation. In other words, he should be a pol!-itive entity - for good and not a passive one for evil. Every time a citizen feels like asking what our government is doing about any problem affecting him, say food production, he should also ask himself what he himself is doing about it. He should ask what he is doi.n<g in coopera<tion with his fellow citizens· to belp resolve it. He should ask what he is doing in cooperation with the government itself to dispose of that problem. To the extent \that a citiven exerts himself to meet his own difficulties and cooperates with others in the same direction, he strengthens his own government in• doing what it is called upon to do for the good of the community and the nation. 'What holds true of the :Coed production problem i.s true of the peace and order problem, the graft 811<1 corruption problem-any problem. Our government can give us only as much as the totality of our citi7..ens is prepared to give it in self-help in local sacrifice, irn vigilant ·cooperation. Please mark my words: vigilant cooperation. Its food production campaign is essentially a meaningful project in self-reliance, social awareness and common cooperation that tests the valiriity of our government and leadership. It is a grateful commentary on our people's growing understanding and coopera.tion of the functions of go·,·Eirnment that more and more private citizens have volunteered and are volunteering to assist our police forces in cleaning up our troubled areas of elements bent on creating chaos to facilitate their illega• t drive to power. (Continued on next page) Page 29 Strength ..... What our people do, however small in an individual way to increase our food stocks against the day of need, or to hasten the restoration of peace and order and thus secure freedom for J·rnductive effort, illustrates the positive oportunities of private citizens to ~irengthen our government ar.d make it more effective as a real servant of the people. Of the more pervasive problem of corruption which appears to undermine public faith in our government, may 1 say that accountability does not rest alone Oii the wrongdoers; neie•,er is the responsibility exclusively that of the government. As private citizens we should look into our hearts and see that we do not observe a d.ifferent moral standard. Often, it is the toleration of the double standard of morality by the public itself. that lies behind office corruption, aJil claims to the contrary notwithstanding. The cure to much of the ills of government which sap it of vitality must not lie alo!lle in loud . JJious breastbeating at the least prqvocation of an audience. To be fair it should start from a quiet, honest self-examination before it is projected to public notice. It must start in the conscience of everyone, in the discipline of every heart. In short, we must all be willing to take greater chances of beinig honest with ourselves. As more and more of our people, lea<lers and common people alike, clean and clear up their own thoughts and acts, we shall raise the level of our standards ·of public life and strengthen our govern.menlt, our Republic. We shal.J then be less readyto jump and to shake our fist at our neighbors and ou::: governmen•t. In asking that we all heip make the government strong to be equal to the problems of. our own time, I merely urge that we as individual citizens also make ourselves strong, that we impose upon ourselves the discipline that makes. · for vigor and integrity in our minds, ini our hearts, in our wilL Surely, upon the conduct and the reputation of a people depend the degree of respect for, and strength of, their government, perhaps more than the success or failure of the men that come and go in the government service because they are only there incidentally. This is the fundamental challenge of our day. To meet the challenge we must be physically and morally strong to make our government strong. .we must make our government strong to face the menace to our free institutions rrt home. We must be strong to meet the eventualities of a disintegrating· world situation which endangers the freedoms we have won at so much sacrifice of blood, tears and treasure. At the most critical times in our national history we have shown that we have the sources, the capacity, the· strength required for any emergency at home. We shalil not fail the human race in the reserves of courage and intelligence needed elsewhere by the forces of freedom a:r.d decency and justice to preserve mankind for greater victories and nobler acqievements of the human spirit. Our greatest contribution therefore to world peace and (Continued on page 46) ~"":::::::::::::::::::::::;:::::::::::;;;;;:::;::::;;;::::::=•:"':::;:::•"•:•:•::"~".::-••"""""'"'-"--·""'""""""'""~""""''w"'"'""""'"'"""'-'"-""~"'""""""""''"'"''""''""'"""''~""'u"''""'""'"''""""''""'""''' ~£'"' .,,...,.,..,,.,.,.,,_.,,,m1111m11111t111111.,1111111_1_1111_"'"'"""""'__,.,,,..,...,.,..,..,._"'""''"'"""'""w"'""''""'"""""'""''''""''""'"l•111111111111•· f. 480-482 '~~~:;;~::~::::~:~~~::~~:~s Inc. MaoHa I SUN FLAME PRODUCTS ·, . ,i (Lamps, Kerosene Iron, Stoves, Etc.) an1111w"--""""'.''"""'''""'''"""'""'"'..,"""'"""""'""''"'"''"""'''""''''"'"'"'"''''""'"""''"'n"'"' ....... "" Page 30 THE LOCAL GOVERNMENT REVIEW Municipal Autonomy & Government Administration: By JUAN F. RIV,ERA (Chief, Pr1Yvincial Division, Depart1 nent of the Interior, and Topnotcher, Municipal Goi• ~rnment Administnltion Pensionado Examinal!ion, 1947.) -Broadly, this subj'ect presents a fourfold aspect, first, popular contr~l . of local governments; second, superv1s10n and control; third, reforms; and fourth, human ~ehavior. Popular Control of Local Governments To fully comprehend and discover any defeets of our present systems. of local governments, a cursory review of the f.::trlier schemes of governmen~s ~stablished in the Philippines seems m order. Under the system carried out by Spain in this country, th_e pueblo or town was made the local urnt of organization and the province as the ne:x:t larger political division. Provinces had been common political' units in Spain, Italy and Spanish America. Wha~ corresponded Ito the provinces were the vast unions of tribes having the same or similar languages, religion, and interests. Thus we have the so-called :Vloro Visayan, Bico·J, Tagalog, Pampango, P;ngasinan and Ilocos Provinces. They were organized for the convenience of the administration• and constituted the intermediate agencies through which the then central government exttended its authority to the numer.ous viJl.ages, for the central government could not directly communicate with the smallest branches of government without great difficulties. Under the Maura Law, each province was governed by a provincial governor assisted by a provincial council (junta provincial). This junta had only advisory po· wers. Above the provi.nicial governor and the junta was the Governor-General. The province was divided into towns (pueblos) whose affairs were managed by the munricipal tribunal with , the aid of the principalias. The pueblos were in turn divided and subdivided into barrios and barangays under tenientes JANUARY, 1949 del barrio and cabezas de barangay,. respectively. Such was the only meas-· urc of home rule the ear.ly Filipinos enjoyed. In reality, they never enjoyed any degree of self-government 'under the Spanish domination. The municipal tribunal was subject to the direction of the provincial junta and was liahle to be warned, fined, and: sus-· pended by the provincial governor. And in order to ren1der this conkol more effective, the Governor"General: was made president ex-officio of all' municipal tribunals with power· to dLs-· charge any member thereof or to dissolve the tribunal entirely. With the advent of American occupation came changes in local government and administration. Encouraged' by the establishment of the first towns, General Lawton suggested to the · Schurman Commission the preparation of a simple schem~ of municipal government, so similar to the old system to be readily comprehensible to the · natives, but giving them liberties which thev had ·never enjoyeq before. The res~lt was the constitutjonr of a board. appointed by Major GeIJeral Otis, thenin command of the military forces, to" formulate a plan of mupicipal government. Felipe G. Calde;ron appears to have. written the draft of the document establishing the bases of ~uch local gov-· ernment, patterned after the Royal Decree of 1893 (Maura 1<aw), but later revised by Cayetano Arellano, president of the board. After a careful· study of Spanish legislations on t~e · subject and of conditions then prevail-, ing in the Islands, the Board reported upon a plan of municipal government which was approved as General Orders No. 40, dated March 29, 1900. These· (Continued on next page) Page 31: Municipal ..... Ger.ieral Orders made no general redistribution of territory, but simply recogniz-ed the then existing political ~ubdivisions aB muniicipal corporations with the same limits as ther-etofore established. Although inspired by many of the provisions of the Maura Law, the Orders were an improvement upon it, especiaHy in the matt-er of the organization of municipal councils upon general suffrage and the principles of autonomous government. The alcalde and the provincial governor were given ampl-e powers in the performance of executive and ·supervisory functions. Ger.era! Orders No. 40 were made the basis of Act No. 82 (Municipal Law) and Act No. 83 (Provinci\(l Law) of the Philippine Commission, which Acts were later, in 1916, incorporated substantially as Chapters 56 and 57, respectively, of the Administrative f;ode as revised in 1917. Hence our system of provincial and municipal governments is of Spanish origi.n a dapted to American ideas and made suitabl·e to some Filipino aspirations for government autonomy. Thus it m:>.y be said, .parenthetica.Jly, that the present agitation for greater local autonorny is not new. Even Title 11 of the lVIalolos Constitutiow in which Felipe Calderon played a leading role protected local autonomy as long as the provinces and municipalities did not override the limiit:s of their power. The Municipal Law was carefully drawn i;ind thoroughly studli-ed, while the Provincial Law was g01o;,e over raither hurriedly. This seems to indicate the need of more thorough stu·dy of the provincial law with a view to improving the same. · The Provincial Law originally placed the gov-ernment of the province in the provincial board composed of the governor, the supervisor, and the treasurer. Later, the supervisor was replaced on the board by the division superinhmdent of Rchools. The provincial governor was the only one ele~ted ; but he was, however, chosen by councilors of the organtized municipaliti-es assembled in convention. . It wa$ not until 1907 that the provincial Page 32 governors and third members began to be elected by the qualified voters of the regular provinces. This was a gtep toward self~gov-ernment for it gave the Filipi.nos a majority in the provincial board, inasmuch as treasu~er~, who were at that time the apr,omt1ve members of the board were mostly !Americans. Another la~ Act 787, organized the so-called Moro Province. This organic act was enacted to 8Uit local condifions and insure effective control of the diverse tribes found in that region (Mindanao and Sulu). An examination of subsequent laws affecting local political units will show that the legislative policy has been the extt,nsion of popular control over ;\hem. In 1919, the positions of provincial governors and third members ini Batan·es and Palawan · were made elective b.v Act No. 2824 and in the following ';'Car suffrage was also extended by Act No. 2878 to similar positions in the provinces of Zamboanga, Davao, A.gusan, ~nd Nueva Vizcaya. And in 1946, by virtue of Republic Act No. 59 the offices of governor and membe;s -of the provincial boards in th-e Mt. Province and in the provinces of Bu• kidnon Cotabato, Lanao and Sulu have bee~ declared elective, to take effect in each of the prov'inces upon proclamation of the President of the Philippines that the people of any of said provinces are ready to elect rtheir provincial gov-ern.ors and the members of the provincial boards. In the following year (1947), the President, pursuant to said law, authorized by proolamation the election of th-e two members of the provincial boards of all these five provinces (Vide Proclamations 34, 35, 36, 37, and 38, all series of 1947) in the_ nex1 \ regular election for provin'cial offices. Soon• the provincial governments throughout the archipelago will fie under complete popular control. In respect to the municipalities, they ~vere a_nd al'e still the principa'l political umts of the provinces. Our municipal governmenrt has beern intended to be autonomous , political rtmilt from the very 'beginn~ng of the American rezime, the object being, in the words of President McKinley, to give the inhabitant~ "the opportunity to manage THE LOCAL GOVERNMENT REVIEW Municipal ..... their own local affairs to the fullest extent of which they are capable and subject to the least degree of supervision and control." There were also established and organized at the beginning of the American regime a system of tribal-ward government. This system now corresponds to the present municipal district organizations. It has for its principal object the control of certain class of I,.i,Jipinos who has not yet sufficiently progressed economically, socially, and politically. As to cities, the policy pursued has been to achieve administration1 rather than representation. However, there is a tendency to combine both representation and administration, for the people are represented in the local lawmaking bodies. Supervision cind Control The foregoing brief skekh of the foundations of our local governments shows that they were established in the Philippines primarily to train the people in the art of self-government. Hence President McKinley, in his famous InstructioP.'s to the Taft Commission, enjoined that in the distribution of powers among ·the governments organized by the Commission, the presumption shaH always be in favor of smaller political divisions so that all the powers which can properly be exercised by such divisions shall be vested in them and that mur:<icipal governments shall be afforded the opportunity to manage their ow.n affairs to the fullest ex. tent of which they are capable. Pursuant to Acts 82 and 83 and the present municipal organic .Jaws, the National authorities are supposed to take cognizance only of ordinances and resolutions when appealed to them, and in such case only the point of legality or illegality of the ordinan<;e or resolution concerned is decided. 1As a rule, the question of the incon:venienc:e or wisdom of a measure should be }eft primarily to the municipality to decide, and the National Government should not in:terfere unless there is a clear abuse, wanton, or capricious exercise of the municipal powers involved in such measure. This ap·pears to have been observed in the consideration of JANUARY, 1949 administrative charges formulated against municipai, officials. Although the Department Head is empowered Ito conduct a special investigation of rharges by virtue of his power of general supervision and control, such power has been exercised only in cases where the interests of justice and good government so required. However, while it is generally accepted that basically the local governments are autonomous, there was a time in the early part of the American regime when · the central government (then called Insular Go·vernment and Jaber, from the establishment of the Commonwealth up to this time. National Government) intervened by mere administrative requirements. Such a step was justified by the necessity of strengthenin1 g the executive hands and guarding against the unpreparedness of the people to receive all at once complete control of their governments. Nevertheless, the policy was found to work curtailment of the powers oi our provinces and municipalities; so, during the Harrison Administration. this practice was discontinued as it was rontrary to the avowed policy of local autonomy enunciated by President McKinley. But this exercise of greater local autonomy did not last long, for it was not given impetus during the i ncc~mbency of Governor-General Leonard Wood. :When his admi.niistration ended, his successor in office progressively restored the autonomous-powers prevfously enjoyed before the :Wood regime. Not 1 long afterwards, however, the economic depression in the Thirties caused the superior au'thorities again to intervene, this time in their fine.ncial affairs. Under the laws then existir.'g and even now, if stripped of administrative requirements, the powers of the provinces and municipalities over the financing of their operation and activities were complete, except with respect to plantillas of the provindal government which ,-, ere subject to regulations. 'But during that period, many of the local governments were in the red as to their finances. Administrative measures were then taken, among which were the requirement to nrovide 5'lo reserve in the local funds · (Continued on pcige 35) Page 33 THE EDUCATIONAL DISTRIBUTORS 1876 PEDRO GUEV ARR:A, MANILA - - - - 0 > - - - - Exclusive Philippine Distributors of: RAWLINGS ATHLETIC GOODS SPOT-BILT SHOES DODGE CUPS AND TROPHIES FRED MEDA.RT GYM EQUIPMENTS Manufacturers of: TEACHERS' AIDS & DEVICES PLAY RAWLINGS THE FINEST IN THE FIELD! Page 34 THE LOCAL GOVERNMENT Rli:VIEW Municipal ..... and to submit provincial budgets and plantillas to the proper authorities of the central government for review, <:nalysis and approval. Then came the Commonwealth Government. In view of certain provisions of the Tydings. McDuffie Act, the measures to control local finances adopted during the eco· nomic depression in the Thirties were reinforced with vigo,r as it was rea'iized that the stability of local finances was 'ln integral part of the great national policy of maintaining a stable government in the Philippines to insure the scheduled grant of its independence. Further measures were undertaken. Executive Order No. 167, issued in 1938, requires submittal to the Department of Finance, thru the Department of the Interior, of the provincial budgets containing, among others, the p!antillas of p·ers·onmel. The offices of treasurers and assessors were trans· .fered to the Department of Financl from the Department of the Interior .all-eged1y to bring about coordination of activities in financia·l matters and to .~; void concentration of. powers in one Department Head. Unforturnately, \I hen the local government finances we;·e almost freed from the grip of economic depression, World War II ('Rme. The havoc that this war brought about in the Philippines obliged the authorities concerned to continue further their administrative control over the local finances. In this connection, it should be noted that control over tfle local finances has been made more centralized by virtue of the provisions of Executiv·e Order No. 94, series of 1947, section 48 of which further amended Section 81 of the Revised Ad:-ninistrative Code by vesting in the Department of Finance, among others, the power of general supervision over the financial affairs and financial agencies of provincial, municipal, and dty governments, a matter not clea!'ly contemplated under previous legislations. It is submitted that this step has rendered difficult the restoration 0f the autonomous powers enjoyed by the local governments during the American regime. As nearly every move of any government involves appropriation, fund, money, it is not at .JANUARY, 1949 all strange that there is general clamor for autonomous powers. This becomes the more understanrdable when we consider that even appointments in the municipal service, over which the municipal officials had comp• lete control before the Commonwealth, have to come to Manila for consideration by the National authorities. Of course such is but the result of the operation of the Constitutionr establishing the Civil Service in all branches of the Government and consequ·ently the extension to the local governments of the Civil Service Law and Rules, particularly Executive Order No. 63, series of 1917, r·equiring the approval, by the Department Heads, of all appointrner.ts. Other contributory causes or elements tending to deprive the focal government's of their so-called autonomy have been and are also ever-present. The legislators had in some cases failed to distinguish between the local government and the national government. Often municipal policies which are distinctly local are frequently rletermined by them. The plenary exercise of legislative control over local go vernments seems to be disastrous because in many instances it has been made use of for the interest and benefit of the Starte and of national parties 1md not for the benefit of the provincial" 2nd municipal governments. In addition to this somewhat cause of curtailment of local autonomy is the apparent ·neglect to distinguish the twofold charader of a municipal corporation. As is known, an incorporated province, city or town is a body politic and a body corporate. >As a body politic it is a political organ. Ars a body corporate it is a corporation. In eithe.r capacity it is an artificial personality capable of acting as an entity. In political science the treatment centers on the fact ' that it is a body politic, an organ of government. In jurisprudence the cons·ideration is its corPorate existence. The fur:<damental idea of a municipal corporation in politics and law is based on the fact that it is ?.n artificial personality or governmental organ-a body politic and cor( Continued on next page) Page 35 Municipal ..... p0rate-created to regulate and administer the affairs of the area embraced within its corporate limits in matters peculiar to such place and not commoni to the State at larg2. While this is the primary idea of its creation and existence, the municipal corporation acts also as the instrumentaHty of the State in exercising powers and duties not strictly or properly focal in their nature, out which are in their essence state powers and obligations, and, therefore, to this extent it is a mere agency of the state, aiding in the administration of state affairs in so far as such matters affect the people residing within the local community in common with the inhabitants of the State. The State mainly, as a matter of convenience, uses the a;dmin1istrative machinery of the municipal corporation frr the purpose of. carrying out its policy and laws which are alike applicable to all of its citizens. Bearing this view in mind. there cannot be, rather there should be, no complaint against National control of such fur.dion of the local governments as agenlts of the state; that is, local autonomy shou!d nrJt be invoked if the State desires to control even rigidly, as its agent, the local governments. For .there are certain matters which are general and nationwide upon which the Natior.al authority has to lay down a general policy. Quite a number of important functions of government, rnch as thos~ dealing with health, education, and· public peace, may be handled be t t~ r thru the broader authority of the Shte. Yet there is no reason why there cannot be established weU-defined relatiorn between the national government and the local government. If the national government could keep within its own jurisdictional fie'd, no reason is perceived why, within the physical area of the municipal corporate limits, both the national governmer•t and the local government could or should not exercise full powers pertaining to each of them. The determination of local policies should be left to the local government. The National government or the State is not in any advar.<tageous position to pass upon Page 1!6 the wisdom and expeciie1;cy of those· policies. The National Govern111ent may lay down a general, bro_ ad, and · comprehensive policy r€garqmg the · local government; but any attempt orn i:ts part to assume the policy-deterrr;.ining functions of the local governrment · will convert the local government not only inl~ o a political ward, but will result in its practical absorption by the nation- - al authority. In cases, therefore, where · the National Government has pro-notw~ed no definite, well-defined· policy, the local policy should- control : and he given weight or importance; . The truth, nevertheless, is that our· local governments are cons.tant suppli-ants for power from the· NatiOnar legislative body. This is because of the· Anglo-American h:~gal doctrine that ;nunicipal corporations are creatures . of the State and possess only express and nece7sarily implied powers. This· is the fundamental defect of the system and as long as it is observed in this jurisdiction, so long will there be no' uona fide autonomy. Why cannot the · svstem be reversed and ill-stead' of an· ernmcration of powers, let it be a · general grant of powers and an- enume- - ration of restrictions? Such· a· system · would be conducive to local autonomy· and is verily in line with the presump- - tion of aHowing the smaller- political · subcllvisions powers that are necessary - to carry on its functior.is. Under this ' propodtion, the sources of' focal taxa-ti0n will not have to be ,specified as · is the fact under Commonwealth Act' No. - in. One salutary effect of this· suggested measure, althougfi adinitted-!y a radical move, would-be the realiza-tion of the full benefits of local self-government, because the local unitswou.ld not be fettered by the Anglo-American doctrine of ulfrrr-vii-es and ' the le;,;r.I maxim of "inclusfo unii1s est c~,;clusic alterius," which are usuw lly - invoked under the present system of· enumeration of powers that may be · exercised. In rPference to th1~· administrative. phase of this subject, there should. be· clear distinction betwe·en the funct.10n; of direction supervisfon and control 0n or.oz hand and that of execution on the other. Government services are THE LOCAL GOVERNMENT REYIEW. Municipal ..... under constant criticism for the amount o:{ red tape involved in the transaction of their business. To a large extent this is due to the necessity of complying with regulations which have been imposed directly by legisilation or by conStruction thereof. lit is believed that this mode of cont~! may be exercised tt>rough a proper system of accounts reports, audits, and .the like rather tha~ through attempt to specify procedure rn i,dvance. The less supervision there is the .Jess will be the occasion for an ta~ gonism and friction between the State and the local governments and their respective officers. This presents the prob!~~ to harmonrize the apparently confhctmg elements of effective direction, supervision, ana control on the one hand with flexibility and proper powers of discretionary action on the other. A too detailed specification and control over what shall be done and the means and procedure that shall be employed in do1ng it, is productive of harm in three ways: (1) it results in ill-advised action, since it involves the making of decisions which mav only ?e intelligently made by those actually 1_n c?'.lr~e of .the work owing to their fam1hanty with the local conditions to be met; (2) it weakens the sense of ~esponsibility of local officers; and (3) tt makes it difficult for those officers to adjust their action to varying needs and do those things which must be done if efficiency and economy are to be secured. I1 n other words we are confronted with the distin~tion betweenr the exercise of control through specification in advance and thru the requirement of full report of action taken ... In the one case the superior authorities control by specifying in detail precisely what shall be done and the means .that should be employed in doing it. In the other directior.rs are given· in general ter~s but pro:vide that. the officers charged with their execut10n shall furnish detailed data regarding their action. Latter is superior, for the former would cripple locftl initiative by the delays of centr:-,lized regime. \Jf course, it is a canon of administration that all grants of authority JANUARY, 1949 should be accompanied by means for ensur!ng that sud~ grants are properly exercised. But stiH a discriminating adoptionr of reasonable rules and regulat.~ons and broaid as well as sympathetic but sound construction of th2 c-.pplicable law by the executive and/ or administrative authorities, will insure ample room for independent action by the >local government. The . existing psychology of always requiring approvRl by the national executive or administrative authorities of something that c'.-ln be conveniently and safely entrusted to the local authorities should be curtailed, Likewise, the tendency of some executive and administrative officers to arrogate unto themselves powers which the law has not vested in them should be avoided. For instance, .it is a general corporate power of our municipalities to receive propNty, yet it is a~ practice of securing the approval thereof by the Chief Executive. It is believed that the proper procedure should be to advise the municipality concerned that it has full power to receive persona·! property donated to it without the intervention of the Chief Executive or Department Head. Instead of saying "the same is hereby approved" or "this Office will offer no objection thereto," why not advise the local official or entity concerned that the matter is o·ne that needs no approval by the National authorities, or inform him of what to do? This br.ings into study the adv.isability of creating a municipal research service ·n the National Government. This proposition needs extended discussion. Fo1· the present, suffice to say, the complex nature of the science of municipal government administration calls for just such a unit if it is desired to deal with municipal problems scientifically and not politicaNy. Some of its functions should be to acquaint . local offici:;-Js with new ideas and plans; to draft reso}ution<s a:Iid ordinances; and to furnish them with all available information or statistics relative to a certain municipal activity. Suggested Reforms The foregoing observations po-:nt t1J certain quite feasible reforms, namelv, the vitalization of . the presumption in (Continued on page 39) Page 37 Greetings to the Local Government Review from San Jose Rice Mill Balanga, Bataan Del Pilar Rice · Mill Pilar Bataan Sto. Rosario Rice Mill Orani, E'ataan Balang~ Power Plant Co., Inc. Balanga, Bataan - - - - 0 - - - - Hon. EMILIO r1 fa. NA VAL Governor of Bataan Dr. PRIMITIVO LACSON Member of the Provincial Board Atty. SIMEON RAY A Member of the Provincial Board 1- - • ~~ I Page 38 THE LOCAL GOVERNMENT REVIEW Municipal ..... favor of exercise of corporate as well as governmental powers by the provmces and municipalities; exercise of the least degree of supervision and control · ~s enjoined by President Mckinley or, m the language of the Malolos Constifotion, "as long as the provinces and :municipalities ·did not override the limits of their ,powers;" recognition of. clear-cut definition . or delimitation of the dual functions of such political units, one as agency of the State and t~e other '.IS the organ of community hfe; adoption of a system of. enumeraiion of restrictions of powers that cannot be exercised insteaid of the present system of enumerating what can be .exercised; supervision by means of report and '.1udit instead of specifying proced'ttre m advance; creation1 of. :r; ,Jnicipal government research service· careful selection of officials called upo~ io assist in technical capacity the administration of the poJ.itical units with ;i view to engaging those not schooled 'in too much bureaucratic routine and practice but embued with honest endeavo~. not to swallow: the exigencies of P?i~tics for personal aggrandizement, amb1t10n or safety; revocation of unnecessary and overlapping circulars, ~umbered ?r unnumbered, or regula·t10ns especially those which would re' ~tore the budgetary powers of the provmces and muniicipalities as enjoyed by them before the economic depression· ~oor.dination of circulars or regulation~ commg from various National offices .:O:>v~r.ing the same subject-matters; and rev1~10n of certain i laws with a view to :n,akmg the .provi.rices and municipal1ties responsible for the success or failure of their operation. For the present, the approval of the provincial bo·:i.rd anq/ or Department Head concerned may be dispe~sed with in the following ci1.ses: execut10n of deeds of conveyance o~ relll property; holding of special ses.s10n~ (approval required by administrative requiremenit, otherwise the board has complete power) ; detail of board member to perform ministerial duty; appropriation for general wel:f~~e, auditing requirements being suff1c1ent check of extravagance or irregu'l1 arity or illegality; loan to municipalJANUARY, 1949 ities by province; 'investmerut of fixed cteposits in ·Philiµpine National Bank· fixing of. salaries of murnicipal official~ ~n capitals, the limitation being already m the law itself; convocation of municipal mayors beyond a cerbin number of meetings; deposit of surplus funds · rl'.sestablishment of exhibition fund'. appropriation for non<-Chr.ist;ans · Joa~ t? municip'.11ities from municipal' deros1ts; grantmg of per diems of councilors;. appointments not falling under except10nal cases; confinement of municii;ial prisoners in provincial jails; confmement of provincial prisoners in mu;.kipal jaBs; use of permanent. public improvement f~~d :for peremptory nee~s; _and mumc1pal appropiation for e~h1b1t10n purposes. Finally, it is high tn~e to evolve a system designed to brmg out the business aspects of government, including the grant of ample assessmerut and taxation powers and to mak~ each political unit self-su~taining a'Tid mdependent from any fimmcial aicl from the National gc.vernment. Human Behavior . The essential core or vitalizing force m local governmenit is the sense of community existing between the citii:en< and the association of that sense to an orderly organization. It wou;tJ be well, :therefore, to understand the soc!a! changes, hear the currents of public opinion and adjust the government to the changing ideologies of the people. For, after all, .the truth is that the fundamental problem in local government administration is that of human behavior. "Like people, like government" said Rizal, paraphrasing a popular ad· age. Rizal said further: "Peoples and government are correlated and complementary; ~ fatuous government would ~e an anomaly among a righteous , people, Just as a corrupt people cannot exist under just rulers and wise laws.'' Hence it has been observed that instead of being only an artificial persona:lity (the legal concept), a city, province or mun.icipality is a living, acti.nig ene;gy, a thmg somewhat turbulent or moving more or less consistently along a marked path; a thing of mind, of morals and spirit with varied interwoven interests political and legal, economic and social' (Continued on page 69) Page 39 THEORY vs. EXPERIENCE A LITTLE experience often upsets a Jot of theory. A woman spent a great deal of her leisure time campaigning against. capital punishment. She· never Jet an opportunity pass to sign a petition or am appeal to a governor for rthe commutation of the sentence of a murderer. She became a g.reat admirer of a r oted lawyer, famous because he defended two notorious murderers, and when this lawyer visited her city she arranged for an introduction in order that she might compliment him. A few days after she ha·dl met this l>1wyer, and was still under the spell of nis personality, her son, a . young man of twenty-two, just out of college, was held up, beaten: and robbed by a couple of thugs. Instantly her views toward capital punishment changed. She favor~d hanging, quartering, and boiling in oil for the assailants.-.From The Williani Feather Magazine. II II 11 ........................ ,.,, .......................... .. ,, Page 40 Compliments of -. . Cabanatuan Lumber Company Burgos Street, Cabanatuan, N. E. W e Sell All Kinds of Lwnber, Building Materials, Electrical, Plumbing, Painting Supply, Doors, Windows e.tc. Dealers in Goodrich Tires, Spare Parts, Petroleum Products, Lubricating Oil, Milling Supply e~c. - - - - .Best Wishes f1·01n POLICARPO SANGALANG A tto1·ney-at-Law Law Office: 3rd Floor R-315 Digna Bldg. (Formerly Peoples' Bank) Cr. Dasmariiias & David, Manila. THE LOCAL GOVERNMENT. REVIEW 0•111ca 01= TMI. PRt51Dl.M"f'. 011 T"L PMILIPPIMl.a "°' MA\.ACANAN PHILIPPINE HERALDRY COMMITTEE l·' l ACTUAL SIZE APPROVl!.O .JANUARY, 1949 FOR. Ti-IE PHILIPPIN£ Hl.1\ALDl\Y. C MMITTEE _GJl,,~~ttT _ $_._p_~~ TECHNICAL ADVISE"- () Al<40 AC:TlHG S£CRE.TA~Y . ~ ~·· ... ' ~ ~ P age 41 [~~~~m~~~~~~~~~~~~~~~~~ ~ New Year s Greetmgs ~ ~ To The People Of The Philippines From ~ I THE Q~EZO~ MEMORIAL C~MMITT~E I I Honorary President: His Excellency, ELPIDIO QUIRINO, President I of the Philippines; Honorary First Vice-President: Hon. JOSE AVEL'INO, President ~~ of the Sea"ate; ~~ Honorary Second Vice-President: Hon. EUGENIO PEREZ, Speaker, House of Representatives; ~ Chairman: · Hon. SOTERO BALUYUT, Secretary of the Interior; l 11_ First Vice-Chairman: Hon. JOSE YULO; ~ ~ Second Vice-Chairman: Hon. TOMAS B. MORATO. ~ ~ MEMBERS: _,.,._ I Hon. Prudencio Langcauon, Secretary of Education; ~ Hon. Pedro C. Hernaez, former Senator; ~ Hon. AQfredo Montelibano, former Secretary of the Interior; ~~ Hon. Fernando Lopez, Senator; ~ 'Ir:> Hon. Jorge B. Vargas·, former Secretary to the President; Cli ~ Dr. Pedro J. Velasco; ~ I Mrs. T. F. Legarda, President, National Federation of Women's Clubs; ~ Mr. Gil J. Puyat, President, Philippine Chamber of Commerce; 4{_. Mr. Marci:mo Guevara, Treasurer of the Philippines; CJr lf Atty. Antonio D. Paguia, Mgr. N. L _,_ S. Administration; I ·S< Mr. !Antonio Rivero, Businessman; . '§ Mr. Angel Marin, Labor Leader. 1f MANAGEMENT OFFICE: . I iAtty. Jose M. Manalo, Acting Campaign Manager; 1 · Atty. Cami.lo Formoso, Technical Assistant and Acting Committee · Secretary. . . I CAMPAIGN SUPERVISORS: 1 · . Ex-Gov• ernor Alfonso A. Pablo, for Luzon; Atty. 'Pedro Fuentes, for Visayas·; · ~ Ex- Governor J Patricfo Fernandez, for Mindanao. 4f.: 'It'? TREASURER: Mr. Marciano Guevara, Treasurer of the Phdlippines. & 1k AUDITOR: Mr. Jose V. Veiasco. ~· ~ Let us contribute to the Quezon Memorial Fund for the erection of 1 · a Quezon Memorial .Foundation containing his statue and mausoleum, 1k a Q~ezo_nian Librar:l'. L.:1d Museum, a Gallery of. National Heroes, and an I Institution of Beneficence. 41t.· General Headquarters: & Room 306, City HaJ:l, Manila ~ ~ Tel. 3-24-18 ~ ):'(~~~~~~~~~>~~~~~~~~~:« Page 42 THE LOCAL' GOVERNMENT REVIEW PUNCTUALITY PRESIDENT QUEZON waJ at that time fiscal of Mindoro. He was allowed to spend several day;; of vacation in his home province of Tayabas at the expiration of which he immediately returned to his assignment via Batangas where he boarded a small boat for Ca!apan. Due to low tide, the boat was not able to dock near the shore. lmpatie:1tly, Fiscal Quezon approached the patron of the boat and asked' if something could be do!le so that he could land. He was told that the boat had to wait for high tide in order to come close to the shore. Without waiting for 'the tide to rise and fe2.ring that he would be late to office and miss an important trial which he had to face at the court ti).at morning, Fiscal Quezon jumped overboard and swam to the shore. ' Dripping down to his toes, Fiscal Quezon arrived ;IJ. his office on time and had to ask the permission of the Judge to change his clothes for dry ones before the court session was opened.Enrique Zalamera Sr., Pagsanjan, Laguna. CA.USE OF NATIONAL BACKWARD NESS Alil of the litJtle progress that the Filipinos have had in these three centuries of Spanish rule ·is due, as. I see it, to the fact that our gifted men died leaving us nothin• g except their fame. We have had men of very great intelligence. We have had Pimpin, a Dr. Pilapil, a Padre Pelaez, a Padre Garcia, a Dr. Joson, etc. We still have a 'Benedicto Luna, a Lorenzo Francisco, and others; and yet all that these men studied, yearned, and discovered will die in them and will .end with them, and we shall go back to begin again the study of life. There is thus in the Philippines an individunl progress or betterment but there is no national, general progress. This is the reason that it is the individual alone who is improved and not the species.-JOSE RIZAL in his letter to Father Vicen•te Garcia, Madrid, January 7, 1891. - ---0- --Delepate Jesus 0. ~errano of the Depa.rtrnent of the Interior Speakin,g at the cerenwnies a~ Taganak "' connedion with the formal trans.fer of the Turtle Jsj,ands from the British Government to the Republic of the Philippines on June 26 1948 See Executive Orders Nos. 95 s. 1947 and 130 s. 1948. ' · JANUARY, 1949 ' ' Page 43 lhe MUNICIPAL POLICE LAW Annotated By JUAN F. RIVERA Ph.B., B.S.E., Ll.B., (U. P.) Member of the Philippine Bar and Chief, Provincial Division. Department of the lnlterior. {Formerly Chief, Administrative Se~ tion Division of Provincial and Mumcipdl Finance, · Department of Finance· Assistant, Division of Public Order Assistant Chief, Provincial Divisidn, and Assistant Chief, Law Division, Department of the Interior; Chief Clerk (Mwnilci Office ) and Administrative Officer '{Daguio Office ) . "Ministry of Home Affairs"; and Inve.stiuator .. Ar/ ;•d·ri istrative Division, and Chief, Law -Division, Department of the lnte1·ior.) PART I MUNICIPAL PQ!,ICE (Being Article XI, Chapter 57, Title IX, Book III of the Administrative Code, as amended up to June 26 19'.'18.) SEC. 2258. Constitution of police force of mimicipaWy.-Ln each municipf. lity there shall be a chief of police r.nd such number of policemen as the council, with the apvroval of the provin~ ial board, shaU determi>te. All members of said fo1 ce shall be ::ie:i.ce officers. It shall be their duty to preserve order and exercise vigiiance in the prevention of public offenses. They shaJ!l exercise the general power to make arrests and seizures according to law. ORGANIZATION Nature of police system and f;.nctions.-The police system is :not a matter of local seJ.f-government, but a state affair. State laws creating a police system rest upo.n the well settled doctrine that the protection of iii=. liberty and property and the preservation of the public peace and order in every part, division and subdivision of the state, is a governmental obligation which helongs to the state and not Page 44 PRONUNCIAMENTOS President Elpidio Quirino--J'm going to watch every provincial official. As long as you are doing your duty and not enhancing your political interest!!, 1 will back you up. The minute you allow politics to come in, sacrificing the veace and order program, I will act swiftly and oust you. Jose Rizal- Certainly the vices of a r1oi·ernmcnt are fatal to it and cause its death, but they also kiil the society in whose womb they are developed. H'ith an immoral government goes a demoralized people; with a conscienceless adininistration go greedy, servile citizens; . in the towns, bandits; and thieves in the mountain! As the master, so is the slave! As lhe government, so is the coimtry ! Manuel L. Quezon-You may play politics with some people, but you cannot play politics with everybody. Your best politics is justice and efficiency in the service. to the local goverrnment.1 Hence it has been provided in the Consbtution that the Government shall organize and maintairn a national police force to preserve public order and enforce the law.2 But the maintenance of a palice force is a proper power which may be con:stitutionally commi'tted to a municipal corporation, and, in, harmony with our governmental system, it has been so commirtted. In theory, policemen are state officers, but in fact their chief function is to aid in enforcing the· local police regulations, mainly of municipal origin, and they are paid for such service ·not by the state, but out of the municipal treasury, from the contributions of the local taxpay·ers, for strictly "municipa:l purposes." However, consistent with its pleruiry powers as to state affairs unless re-sit.ricted by t1 he constitution, the state may fake from the municipal corporation its charter power res,pecting the control of the police, and ordier the transfer of the property of the department to the new departmenrt created by the state, since such charter leaves the property still vested in the public.a THE LOCAL GOVERNMENT REVIEW Police Law ..... Thus in 1936, Commonwealth Act No. 88 converted the local police into State Police but the same force was later returned to . the control of the municipalities and cities. by Commonweal:th Act No. 343, s>ubject to such regulations governing appointment, organization, and administration as the corresponding head of department,• with the approval of the President may prescribe,• i.mo·ng which are · .those provided in Executive Order No. 175. series of 1938. Determination of strength of force. -It is the mandaltory dluty of the munic· :cipal council to establish and maintain an efficient police department.6 The determination of foe strength of the force is restricted by t·he limitation upon the amount expendable for salaries and wages imposed. by section 2299 of the Administrative Code and by Republic Act No. 160' which does not provide for the positions of lieutenant in second class municipalities, sergeant in third class municipalities, an1cl either position :in fourth as well as fifth class municipalities. Where the local funds are insufficient to bear the expense, the provincial board may make approprfa.tions from the provincial general funds for the organization, equipment and maintenance of the force.1 Extent of intervention of provincial board.-In providing that the municipal council with the approval of the provincial board, shall determine the num~er of J?Olicemen. in each municipality, ,he Legislature did not . inter.id to make the provincial board a co-legislative body with the municipal council in the determination of the number of rpolicemen in a municirpality, but simply to provide a check against an undue use cf the power vested in. the municipal council. So, in1 deciding an appeal by a municipal council from the disapprov:i:l by the provincial board of the resoluti?1:1 of said council suppressing the pos1t10n of sergeant of police, :the Chief uf the Executive 1Bureau (now Secretary of the Interior) could legally sustain the coundJ.s Secret seri•ice force.-Municipalities :::re not authorized to create a secret service force in their police service unlike in the case of cities where their charters so provide. However, special policemen may be employed subiect to the provisions of Executive Order No. l 75, series of 1938.9 · Rural policemen. - The municipal police force contemplated in the Revised Administrative Code refers only to members, regular or special, who have been duly appointed pursuant to Section 2259 of the same code and Executive Order No. 175, series 1938. Rural policemen are those civic-spirited barrio residents who are designated either by a munjcipal councilor or barrio lieutenant to assist peace officers in the maintenance of peace and order in their respective localities. They also serve as town criers in their respective localities and to act as orderlies to the rural council when it holds sessions. Their designation as such rural policemen carries with it no police authority of any kind. They are not entitled to wear the policemen's badges. On the query whether. rural police falls within the rpurview of the municipal police as defined in the Revised Administrative Code, the answer is in the negative.10. Abolition of position.-A munkipal council has no authority to abolish the position of chief of police.11• Neither can it abolish the posJtion of lieutenant of police in first class municipalities sergeant in first and second cJ.as~ municipalities, and corporal in first, ~econd and third cJ.ass mun1icipa1ities, masmuch as these positions are provided for in Republic A:ct No. 160. The counci'l may, however, abolish the position of policeman with the approval of the President of the Philippines.12 1. See Sec. 203, Vol. I, McQuillin, Mun. Corp. 2d Rev . Ed . 2 · Sec. 9, Art. XIV, Constitution of the Philippines. 3. Sec. 203, Vol. I. McQuillin, Mnn. Corp., 2d Rev. Ed. 4. Sec. Int., Ex. Ord. 176, s. 1939. 5. Sec. 6, C.A. 343. 6. Sec. 2242 ( d), Ad.'Tl. Code. 7. Sec. 2105(c), id. 8. Op. Atty. Gen1 Oct. 4, 1924. JANUARY, 1949 Page 45 Police Law . .... Nature of office of poiiceman.~A policeman is not an authority as defined in the Penal Code, but an age.nit of an .authority.13 Neilther is he an administrative or j ud1cial officer in the sense which that word is used in Article 326 of the Penal Code, regarding the crime of 'acusaci6n o denuncia falsa! 14 Therefore, one who makes complaint to a policeman, granting that it be false, is r.< ot liable to prosecution tmde~· said article 326.15 A member of a police force is subordinate to It.hat of a .member of the municipal council. The positiion cam1ot consequently be occupied by a vice-mayor or by any councilor for "it is very probe.hie that one person could not faithfully and impartially perform the dvties of both offices, as they are inconsisitent and repugnant to each other."JG 9. 2nd Ind. Nov. 20, 1946, of Sec. of Int. to Prov. [To be continued] Gov. of Capiz. 10. Op.Staff Judge Advocate, PC. Oct. 23, 1948 and l 1. Op. Atty. Gen., September 28, 1922. Dec. 9, 1948. 12. Par. 18, Executive Order 175, s. 1938. 13. U. S. v. Taylor. 6 Phil., 16~. 14. Viada, vol. 2. 476. 15 .. U.S. v. Quiroga, 7, Ph:I., 390. l!i. I Op .. Atty. Gen. p. 555. $trength ..... ·f'rder under the present circumstances is a strong domestic policy for the oreservation of our ideals and institutions and for the permar:•ence of peace :ind prosperity in this our God-given land. As students and alumni of this university, we are in a p'eculiar position to recognize our special responsibility Compliments of: •rising from o:ir knowledge, our capi.city and our opportunity. This is a rare opportur.iity in this age and in this epoch of our history. This special responsibility is not to discover· specdal rights and privileges for ourselves. It is to enable all our people to share the discipline, the excitement, the rewards of a life of freedom and creative peace- for our own country and for t he world! ! I ANTONIO P. RAMOS ! I I J Dealer in Firearms, Ammunition & Athletic Equipment Repres'enting: Luzon Surety Compciny, Inc. ( Ilocos Agency) ii ~ ~ ii ~~ Market Plaza, Baguio City Phone 42-51 ! .... "'""""""."'"''"""""""'~~::::::::::::::;~~~::::~~:~.::.::.-:::::.::~:::.~=:~i:::::::::::::::::.~:::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::~::::::::::=~:=~::::i.:::::i.:::::::::::::::::::~:::::::::::!:::::~::.i.~ Page 46 THE LOCAL GOVERNMENT REVIEW PROBABLE CIVIL SERVICE EXAMINATION QUESTIONS F'OR POLICEMAN t Note: In the Civil Service Examina., tions for Patrolman given b11 the Bureau of Civil Service on No1;ernber 13 and December 4, 1948, the competitors were examini,d in "Gcn~ral Tests" and "Physical condition" with relative iczights of 60 and 40, respectivel11. "General Tests" co1•er the subjects of Philippine civics, history and govermnent, and police matters in general. Q• uestions aiul answers on any of the aforementioned subjects in "General Tests" will be 1nlblished in this Review.) PHILIPPINE GOVERNMENT W rite/ Say TRUE ;f the st&tement is correct ·,rnd F !~LSE i:I' the stateml'nt is wrong and write/ say the word or words that make the statemenit correc.t. DON'T GUESS! (Check your answers elsewhere in this is·S!ue). 1 . The highest offkiaa in the !Philippine Go·wrnment is the President of the Senate. 2. The President of the Philippines is elected for a term of four years by direct vote of the people. 3. Sotero Baluyut is the Secretary of Public Works and Communications. 4. The Bureau of Civil Service is dfrectly under the Office of the President of the Philippines. 5. The Justice of the Peace is ap. pointed by the Judge of First Instance. 6 . A provi• ncial government can sue and be sued. 7. The appointive provincfal officials hold office for a term of four years. 8. The Provincial Governor, being the pre;;iding officer of the Provincial Board, cannot vote on measures considered by that body. 9 . The Provincial Bnard can organize a provincia,J police force. 10. The Provincial Auditor is the chief collector of revenues in the province. 11. The mayor, the vice-mayor, and the councilors of a municipal disltrict are elected by the voters at large. JANUARY, 1949 12. A municipal government can expropriate a private property for school site. _ 13. A soldier in active service is eligible to election to a municipal office. 14 . The Provincial Governor can dis~ miss a municipal chief of police at pleasure. 15. IA, policeman is subordinate to the Mwnicipal Council. 16. The establishment of an efficient police force is discretionary to the Municipal Council. 17 . Taxation must be uniform. 18. The Philippine Govemment is char.acterized as oligarchic. 19. Until the late nineteenth century, the highest town official in this country was the cabeza, 1fo baran- · .Qa?J. 20 . The Chief Justiee of the Supreme Court is the ChairMan or presiding officer of the Council of State. Explanatory note . . . . . (Continued from page i6) also, a mudcipality just raised in class may in the following year be again furtner placed in a higher category if the average of its revenues for the last preceding three consecutive years so warr::mt. One clear salutary purpose of the proviso in section two of the bill is to urge the local government officials to t:ip more sources of income and spur a continuous, vigorous campaign to collect all re\·enues authorized by laws and nrdinances, with a view to raising the category of their own province· or municipality every year." 1·r::::::~::::~:::::::::::::::~:::~::::::::::::::::::::::::::~::::::::::::::::~:::::::::::::::::::::~::::::::::::::::::::~:::::::::::::::i'I §i §!! Ii L_WHITE N1GHTll !! The only brightest spot in Town H 11 where you pass pleasant moments. II r Maj. Paredes, USAFFE II 1 Prop. & Manager Bacarra, I. Norte H I ;; ;..,lllllUMll~llU-llHlll!UHllllHll"lllttll!llHmlllltllKHHnOIMU"'llm"llHll"':::::::::::::::::::::::::::::::;::::::::::::;:~:::~; .. ~ Page 47 Allli:5W"J~;J:'(;:> TU ~U.l!:::fflUNS IN PHILIPPINE GOVERNMENT 1. False. The President of the Philippines. 2. True. 3. .False. Secretary of the Interior. 4. True. 5. False. By the President of the Philippines with the consent of The Commission on Appointments. 6. True. 7. False. During good behavior. 8. False. He can . vote. 9 . False. It cannot. 10. F'alse. The Provdncial Treasurer. 11. Fa:lse. Appointed by the Secretary of the Interior. 12. True. 13. False. The law prohibits. 14. False. :Bly the 1Bureau of Civil Service for cause. 15. True. 16. False. Mandatory. 17. True. 18. False. Republican. 19. False. Gobernadorcillo. 20. False. The President of the Philippines. BAGS " HOLSTERS * BRIEF CASES * PORTFOLIOS * TRAVELING BAGS· * SU!T CASES AND OTHER ' LEATHER EQUl'PMENTS D. D. MADRIAGA MANUFACTURER OF QUALITY LEATHER GOODS Office: 421 F. Torres, Sta. Cruz. Manila, Philippines [ Compliments of AUy. Crescencio N. Busto Sison, Pangasinan I Compliments of Atty. Erudito E. Luna Balungao, Pangasinan -·---:::::::::~::::::::~::::::~:::::::::::=.~:::::::::::::::::::::~:::::::::::::~~:::::~~::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: : .. :: .. :.:;::::::::::::::::::;;;;;;;;;;;;;::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~ COMPLIMENTS TO THE LOCAL GOVERNMEN'l' REVIEW GENERAL SPORTING CO., INC. and BUST AMANTE PRESS Publishers and Dealers in Athletic Equipment 639 EVANGELISTA ST., MANILA Supplementary Readers TEACHING AIDS Athletic Equipment PLAYGROUND APPARATUS Page 48 THE LOCAL GOVERNMENT REVIEW iGREETINGS! YOU ARE INVITED TO THE !LOCOS SUR :AGRICULTURAL, COMMERCIAL, AND INDUSTRLAL EXPOSITION TO 'BIE' HELD AT VIGAN F'ROM JANUARY 21 TO 31, 1949, IN HONOR OF HIS EXCELLENCY. EUPIDIO QUIRINO ON THE OCCASION OF HIS FIRST OF1FICIAL VISIT AS PRESIDENT OF THE REPUBLIC OF THE PHILIP;PINES TO HIS PROVINCE ON JANUARY 25, 1949. ----0---OFFICERS AND MEMBERS OF THE BOARD OF DIRECTORS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 . 12'. 13. 14. Governor Perfecto Faypon, Chairman Disrt. Engineer Catalino Paraiso, Director General Div. Supt. of Schools Florentino Kapili, Asst. Director General Board Member Pablo C. Sanidad, First Vice-President Board Member Anselmo Maki!, Second Vice-Presiident Mayor Mariano Formoso of Vigan, Third Vice-President Provincial Secretary Atty. Ex·pedito Cadena, Executive Secretary ·r~!I Governor's Priv. Secretary Victor Dario, Assistant Secretary Provincial Treasurer Me!Lton Prudencio, Treasurer !Asst. Prov. Treasurer Jose Cabaldon, .First Asst. Treasurer Adm. Officer Valente Burgos, Second Asst. Treasurer I Prov. Auditor ·Mauro Rosario, Auditor ti: Atty. Primitivo Singson anid Atty. Jose Singson, Technical Advisers r~ DIRECTORS: ~ District Judge Zoilo Hi.lario Judge of Court of F'irst Instance Luis Ortega Dist. Health Officer Pedro Alvarado Prov. Commander PC Lieut. Col. Ceferino Garcia Provincial Hospita1 Chief Rodolfo Pavis Clerk of Court Atty. Alberto Averia IActg. Prov. Fiscal Atty. Jesus Quintilian Register of Deeds Atty. Paz L. Argel !Public Defender Att\Y. Jose Ponce 'Prov. Int. Rev. Agent Mr. Estrella Deputy Governor Juan Moreno Adult Education Supervisor Celestino Bueno Weather Bureau Chief Ramirez Bureau of Post Inspector Navarro Naric Manager Atty. Plegunte Ines Cebu Portland Manager Marcelino Ton~son fPRATRA Manager Jose Clarin Postmaster Gabriel Ichon Prov. Forester Tranquilino Orden Agr. Prov. Supervisor Constante Valera Animal Industry Chief Benavidez and All the Mayors and Dist. Mayors of Ilocos Sur. THE EI XPOSITION ; WILL BE !ATTENDED BY 15 PROVINCES .JANUARY, 1949 Page 49 -. ~ ~ PAGING: PROVINCIAL BUYERS l : ................................................................................................................................ i""""""'""""""'""""""'"""""""'"'"'"'""""""'"""""'"" ______ ,,,,,,J \:Ve wish to announce that in order to serve you n)o1·e effectively we are now conducting Spot Sales in three different depots in Manila and suburbs... Serviceable s.urplus items are available in these depots at prices within your reach . .. - I . il / BUY ASSORTED ITEMS H~ AT II ........... _,,,,, ............................................................................................. ~H nt11111111n111u111111mnol!nM1M11"'"''""•ll""'''w'""'"''""'"'""'''"'"'w'"'"'"'''"''''''''•"'I SUNKEN GARDENS In front of City Hall Every Monday & Friday Every Tuesday & Thursday QUARTERMASTER DEPOT No. 17 Highway 54, Every Monday, Wednesday and Friday ''""'"'"""'""'"""""'""""'"""'"""""'"""""'""""""""""'"""""""""""'"""'· '"""""'""""""'"""'""""""""""""'"""""'"""""""""""'""""""""'"""""'""""'' 1 ... :::::::::~:~::~:~:::::::::~:~:~~"::~:~~:::::~:~:~:~.~:~:.:::::::·'· I Watch our Schedule of Biddings for: I Heavy Equipment Quartermaster Goods Medical Items, etc. Surplus Property Commission - -- -- 2nd . Floor, City Hnll, Manila Tel. No. 3-21-11 -Jose C. ZuluetaChairnian - Jose E. RomeroCo1nmissioner - Angel LlanesCornmJssioner-Designate Page 50 THE LOCAL GOVERNMENT REVIEW HISTORICAL FACTS AND DOCUMENTS Republic of the Philippines COMMISSION ON. ELECTIONS Man·ila (Election of Nov. 11, 1947) Abra Provincial Governor: Luis F. Bersamin (L) Provincial .Board Member: Prisco Batoon (L) .... Provincial Board Member: Luis Bernardez (L) Votes Obtained 9,224 9,277 5,698 Arna:cn Pro1·incial Governor: Servando Jongko (L) Provincfr,l Board Member: Jorge P. Satorre Frovincial Board Member: Pastor Ago (L) A/bay Pro1·irdal Governor: Venancio P. Ziga (L) Provincial ·Board Member: Alfredo Caldino Pro..-incial Board Member: Silvi no Samson .lntique (L) -----------(L) (L) ·-· Provincial Governor: Alberto A. Villavert (L) ------------ -·-F rc1·incial Board Member: Josue L. Cadiao (N) Provincial Board Member: Juan Tordesillas (L) _ _ _ _ Bataan ProYincial Governor: Emilio Naval (L) _ ___ _ Provincial Board Member: Primitivo Lacson (L) ProYincinl lloard Member: Simeon I. Raya (L) .... f,atan es ProYincral Governor: Eugenio Agudo (L) -·-·---------Provindal Board Member: Sotero Faronilo (L) ____ _ Provincial Board Member: B'<ernardo Catalufia (L) Batangas Provincial Governor: Feliciano Leviste (N) Provincial !Board Member: Maxima G. Reyes (N) Fro1·incial Board Member: Francisco G. Perez (L) Eohol Provincial Governor: Jacinto C. Borja (L) Provir·~ial Board Member: Procolo B. F'uentes (L) Provincial Board Member: Diosdado Delima ( N) Bulcidnon Pro ·incial Governor: (Appointive) Provhcial Hoard Member: Ramon Onahon (N) Prcvincial Hoard Meml::er: Amado Santiago (L) Bi~lacan Provincial Governor: Fortunato F. Ha1ili (L) ProYincial .13-oard Member: Frar,cisco L. Sar.fos (L) Provincial Board Member: Jose Ligon (L) Caga11an Provincial Governor : Nica~io Arranz (L) Provincial Board Member: Roberto Avena (L) Provincial Board Member: Federico Navarro (L) ------·· Camarinef Norte Pro; incial Governor: \Yilfredo Panotes (N) -------------·-----Provincial Board Member: Eugeniio Dasco (YP) ----·-----·· Provincial Board Member: Manuel Lopez ( N) __ _ 12,536 9,499 9,175 27,816 19,252 18,66E 15,193 15,509 13,419 10,316 5,897 5,362 1,028 719 691 43,713 20,721 15,621 38,266 26,259 ' 25,697 3,512' 1,715 58,641 38,473 33,132 24,322 18,644 15,967 6,859 7,230 6,269 JANUARY, 1949 ( Continued on page 53) Page 51 Greetings to: The Local Government Review and To All Provincial, City and Municipal Officials from Hon. FRANCISCO ORTEGA Speaker-Pro-Tempore The Provincial Govern01·s and City Mayors at Malacaiian Park a year ago. Page 52 THE LOCAL GOVERNMENT REVIEW Election ... . . Camarines Sur Provincial Governor: Jose U. de! Gallego (L) ---- .. , ....... . Provincial Board Member: Anastacio M. Prila (L) ....... . Provincial Board Member: Gregorio 0 . Ilalatan (L) ...... .. Capiz Provincial Go·vernor: Ludovico Hidrosollo (L) ............... . Provincial Board Member: Eduardo Abalo (L) ............... . Provincial Board Member: Getulio Z. Guevarra (L) ...... .. Catanduanes Provincial Governor: Alfonso V. Usero (N) .................. .. Provincial Board Member: Severiano de Leon (L) ...... .. Provincial Board Member: Maria P. Frarnci'sco (N) .. .. Cavite Provincial Governor: Dominador Camerino (L) .......... .. Provincial .Board Member: Augusto de la Rosa (L) Provincial 'Board Member: Mariano Villanueva (L) ......... Cebu Provincial Governor: Manuel Cuenco (L) ...................... .. Provincial Board Member: Luis V. Espina (L) .......... .. Provincial Board Member: Honorato Hermosisima (L) Cotabato Provincial Governor: (Appointive) Provincial Board Member: Datu Manti! Dilangalen (L) Provincial Board Member: Jose S. Lim (L) .................. .. Davao Provincial Governor: Ricardo Miranda (N) .................. .. Provincial Board Member: Ismael L. Veloso (N) .......... .. Provincial Board Member: Gregorio Dacuycuy (L) ______ __ /locos Norte Provincial Governor: Primo Lazaro (L) ....................... . Provincial Board Member: Antonio Foronda (N) .......... .. Provincial Board Member: Jose E vangelista (L) .......... .. !locos Sur Provincial Govern•or: Perfecto Faypon (L) .................. .. Provincial Board Member: Anselmo Maki! (N) ............... . Provincial .Board Member: Pablo C. Sanidad (L) __________ _ Jloilo Provincial GovernQr: Mariano Pefiaflorida (L) ............ . Provincial Board Member: Severino Ferraris (L) .......... .. Provincial Board Member: Juan Deza (L) -----------------------Isabela Provincial Governor: Silvino M. Gumpal (L) .............. .. Provincial 'Board Memher: Delfin Albano (L) ---------------Provincial Board Member: Tranquilino Madamba (None) Laguna Prov~nc!al Governor: Dominador E. Chipeco (N) Prov~nc~al Board Member: Artemio B. Fule (N) Provmc1al Board Member: Emeterio Rellosa .(N) Lanao Provincial Governor: (Appointive) Provincial Board Member: Datu L. Marohombsar (L) l'rovincial Board Member: Datu Ambulo Maruhom (L) La Union Provincial Governor: Doroteo Aguila (N) ...................... .. Provinocial Board Member: Juan Carbonell (N) ............... . Provincial Board Member: Julian Rimando (N)_ ............... . .JANUARY, 1949 39,49;) 36,769 34,831 4.0,670 41,210 38,781 8,001 Sl,705 8,257 42,-103 35,799 29,917 89,185 82,777 82,373 19,711 • 17,207 10,309 9,007 8,044 16,267 18,464 18,369 24,463 23,448 21,247 71,792 . 59,595 49,121 10,814 11,790 10,246 36,205 23,441 16,664 103,240 72,877 26,692 27,344 l/'!,404 Page 53 Election . .. . . Leyte Provincial Governor: Mamerto Ribo (L) ____ : ______ _____ , _ _____ _ Provincial ,Board Member: Pacifico Ibanez (N) -----------Provindal Board Member: Rufo Raga (L) -----------------------Marinduque Provincial Governor: Cesar Nepomuceno (L) ---------------Provincial Board Member: Manuel Madrigal (None) ___ _ Provincial Board Member : Sabino Reforma (L) -----------Masbate Provincial Governor: Mateo S. Pecson1 (L) -------------------Provincial Board Member: Severo Castillo (L) ---------------Provincial Board Member: Ramon Alejo (N) ----,----------· Mindoro Provincial Governor: Conrado Morente (L) -------------------Provincial Board Member: Domingo Caballero (L) Provincial Board Member: Romeo Venturanza (L) _______ _ Misamis Occidental Provincial Governor: Gedeon Quijano (L) ---------------------Provincial Boa-rd Member: EdHberto R. Lumasag (L) ___ _ Provindal Board Member: Rufino Ga:lindo (L) _ ______________ _ Misamis Oriental Provincial Governor: Paciencio G. Ysalina (N) ---------------Provincial Board Memher: Felicisimo E. Aguilar (N) ___ _ Provincial Board Member: Roque C. Chaves (N) -----------Mountain Province :Provincial Governor: (Appointive) Provivcial Board Member: Seraf,ino Buangan (L) _______ _ Provincial /Board Member: Santiago Balajo (L) -----------Negros Occidental Provincial Gowrnor: Rafael Lacson (L) ---------------------------Provincial Board Member: Francisco Ferrer (L) ___________ _ Provincia'l Eoard Member: Juan Aritao (L) -------------------N egros Oriental Provincial Governor: Praxedes T. Villanueva (L) -----------Provincial Board Member: Pedro A. BaDdoquillo (L) ___ _ Provincial Board Member: Jose Garno (N) -------------------Sub-province of Siquijor (Negros Orientcll) Lieutenant Governor: Marcial Paling (L) ___ -------------------Special Board Member: Telesforo Lumacad (L) -----------Nueva Edja Provincial Governor: Juan 0. Chioco (N) -----------------------Provin1 cial Board Member: Meli ton G. Rigor (L) Provincial Board Member: Sixto Lustre (N) _ ___ --------------Nueva Vizcaya Provincial Governor: Jose A. Madarang (L) -------------------Provincial Board Member: .Fel'ipe B. Moscoso (None) ___ _ 0 rovincial Board Member: Benjamin S. Coloma (L) _______ _ Palawan · Provincial Governor : Alfredo Abueg (L) -----------------------Provinci:ll Board Member: Epifanio Bagomboy (N) Provincial Board Member: Francisco Lagan1 (L) ___ _ Pampanga 59,073 40,261 38,429 9,979 6,361 6,055 14,167 6,989 5,737 17,132 11,791 11,780 12",381 11,003 10,808 15,235 12,791 10,164 9;774 6,347 115,492 102,877 78,229 24,728 22,149 2"0,520 . 2,799 2,778 33,047 28,538 24,84(}' 7,382 6,188 5,000 7,028 6,144 5,987 Provincial Governor: Jose B. Lingad (L) ------------------------ 27,191 Provincial Board Member: Rafael Laza tin (L) _ __ 23,751 Provincial Board Member: Artemio C. Macalino (L) 19,022 Page 54 TffE LOCAL GOVERNMENT REVIEW Election ..... Pangamnan Provincial Govemor: Enrique Braganza (L) ............... . Provincial Board Member: Vicente E. Soliven (L) ....... . Provincial Board Member: Miguel de Vera (L} ........... . Q·uezon \Provincial Governor: Gregorio Santayana (L) ............... . Provincial Board Member: Alfredo Cabungcal (L) ....... . Provincial Board Member: Ramon Ingente (L) ........... . Rizal Provincial Governor: Sixto Antonio (L) ....................... . Provin1 cial Board Meber: Enrique L. Reyes (L) ........... . Provincial Board Member: Candido Perez (L) ........... ~- --Romblon Provincial Governor: Jovencio Q. Mayor (L} ............... . Provincial Board Member: Democrito M. Castro (L) ... . Provincial Board Member: Juan R. Rovira (L) ·····---~---···· Sa mar Provincial Governor: Baltazar Avelino (L) ................... . Provincial Board Member: Albino M. Duran (L) ........... . Provincial oB"ard Member: Leocadio S Tanseco (L) Sorsogon Provincial Governor: Salvador Escudero (L) ................... . Provincial Board Member: Bartolome Lee (L) ............... . Provincial Board Member: Irineo Erestain (L) .. s u l u Provincial Governor: (Appointive) Provincial Board Member: Akuk Sangkula (L) ....... . Provincial Board Member: Kalingalan Calauang (L) Sui·igao . Provincial Governor: Vicente L. Pimentel (L) ....... . Provincial Board Member: Jose Arreza (N) ................... . Provincial Board Member: Pedro Escuyos (L) Tarlac Provincial Governor: Antonio E. Lopez (L) ............... . Provincial Board Member: Ricardo Navarro (L) ........... . Provincial Board Member: Jose Y. Feliciano (L) ........... . Zambales Provincial Governor: Guillermo de los Reyes (L) ... Provincial Board Member: Gregorio Dolojan (none) ... . Provincial Board Member: Juan 1 Arbizo (L) ............... . Zamboanga · Provincial Governor: Felipe B. Azcuna (L) ................... . Prov!nc!al Board Member: Romulo E. Garrovillo (L) ... .. Provmcnl Board Member: Braulio Villasis (L) - -·--···· GREETINGS TO THE LOCAL GOVERNMENT REVIEW 94,465 91,695 87,902 34,849 32,707 30,907 58,623 38.956 38,006 7,877 6,092 4,960 55,361 45,007 42,440 27,286 24,858 23,783 9,557 7,414 20,492 18,146 16,159 31,117 25,177 21,303 10,426 . 11,082 ' v 9,098£d! .re 1ii -~E 14,858 !.0,318 o,-i57 ec. May this be just the beginning of a greater and far richer field of service and success in local governrnent administration! FERNANDO LOPEZ Senator J ANUARY, 1949 Page 55 DATES OF OCCUPATION & LIBERATION OF PROVINCES & CITIES Republic of the Phiilippines DEPARTMENT OF THE INTERIOR · Manila DEPARTMENT ORDER ) No. 25 ) F'or the int:f.ormation. of all concerned, dates, furnished by the Provincial of the occupation by, and liberation itals and chartered 'cities, to wit: PROVINCE 1. Abra 2. Agusan 3. Albay 4. Antiquo 5. Bataan 6. Batancs 7. Batanga; 8. Bohol a. Bukidnon 10. Bulacan 11. Cagayan 12. Camarines Norte 13. Camarines Sur 14. Capiz 15. Catanduanes 16. Cavite 17. Cel;oc 18. Cotabato 19. Davao 20. Ilocos Norte 21. Ilocos Sur 2• 2. Iloilo 23. Isabela 24. Laguna 25. Lanao 26. La Union 27. Leyte 28. Marinduque 2:1. Masbate 30. Mindoro 31. Misamis Occ. 32. Misamis Or. 33. ]\>fountain Prov. 34. N egros Occ. 35. Negros Or. 36. Nueva Ecija 37. Nueva Vizcaya 38. Palawan 39. Pampanga 40. Pangasinan 41. Quezon 42. Rizal .43. Romblon 44. Samar 45. Sorsogon 46. Sulu 47. Surigao .(8. Tarlac 49. Zambales 50. Zamooanga Page 56 CAPITAL Bangued Butuan Legaspi San Jose Balanga Basco Batangas Tagbilaran Mal,.ybalay Malolo8 Tuguegarao Daet Naga Capiz V1rac City of Cavite Cit,y of Cebu Cotabato City' of Davao Laoag Vigan City of Iloilo Ilagan Sta. Cruz • ' Da.nsala11 San Fernando Tacloban Boac Mas bate Calapa11 Oroquieta Cagayan Bontoc City of Bacolod Dumaguete Cabanatuan Bayombong l'uerto Princesa San Fernando Lingayen Lucena l'asig Romblon Catbalogan Sorsogon Jolo Surigao Tar lac Iba Dipolog August 12, 1948 publication is hereby made of the Governors and City Mayors· concerned,. from, the enemy of al! provincia.J capOCCUPATION February 15, 1942 May 16, 1942 December 12, 1941 April 17, 1942 January 2• 6, 1942 (1) December 8, 1941 January l, 1942 May 5, 1942 May 11, 1942 January 1, 19421 December 12, 1941 December 18, 1941 December 14, 1941 April 16, 1942 December 12, 1941 January 2, 1942 April 10, 1942 April 29, 1942 December 20, 1941 December 12, 1941 December 10, 1941 April 16, 1942 May 15, 1942 January 5, 1942 May 8, 1942 December 22, 1941 May 25, 1942 July 7, 19421 January 7, 1942 February 27, 1942 June 13, 1942 May 3, 1942 May 5, 1942 May 21, 1942 May 26, 1942 January 1, 1942 January 30, 1942 May 18, 1942 January 2, 1942 December 26, 1941 December 26, 1941 January 2, 1942 March 21, 1942 May 24. 1942 December 14, 1941 December 25, 1941 May 23, 1942 December 30, 1941 March 24, 1942 March 2, 1942 LIBERATION Apr il 4, 1945 July 1, 1945 April 1, 1945 April 29, 1945 Febru&ry 15, 1945 September 23, 1945March 11, 1945 May 25, 1945 May 2~, 1945 February l, 1945 June 25, 1945 May 16, 1945 May 4, 1945 March 18, 1945 February 8, 1945 March 20, 1945 March 26, 1945 April 17, 1945 May 2, 1945 February 13, 1945' April 18, 1945 March 22, 1945 June 19, 1945 April 11, 1945 April 10, 1945 March 23, 1945 October 24, 1944 January JO, 1945· April 3, 1945 · January· 24, 194& May 9, 1945 May 11, 1945 July 10, 1945 March 29, 1945 April 26, 1945 February 1, 1945· June 7, 194fi March 1, 1945 January 29, 194f> January 15, 1945 April 4, 1945 February 23, 194f>· March 12, 1945 December 20, 1944 June 1, 1945 (1) April 9, 1945 July 13, 1945 January 20, 1945 March 2, 1945 September 1, 1945 THE LOCAL GOVERNMENT REVIEW CHARTERED CITIES CITY DATE OF OCCUPATION DATE OF LIBERATION (a) 1. Manila -(y) 2. Bacolod 3. Baguio .(y) 4. Cavite (y) 5. Cebu (z) 6. Dagupan (y) 7. Davao .(y) 8. Iloilo .(z) 9. Lipa (z) 10. Ormoc ·(b) 11. Quezon { z) 12. Rizal 13. San Pablo 14. Tagaytay 15. Zamboanga January 1. 1942 Mav 21, 1942 December 27. 1941 J anuaq 2, 1942 April 10, 1942 December 26, 1941 December 20, 1941 April 16, 1942 January 1, 1942 May 25, 1942 January 1, 1942 January 2," 1942 December 30, 1941 Jan uary 2, 1942 March 2, 1942 -( a) Please see Republic Act No. 304. (y) Please see provinces of which they are capitals. February 26, 1945 March 29, 1945 April 26, 19451 March 20, 1945 March 26, 1945 January 15, 1945 May 2, 1945 March 22, 1945 March 11, 1945 October 24, 1944 February 26, 1945 February 23, 1945 April 6, 1945 April 13, 19451 · March 10, 1945 •(z) Please see provinces to which they belonged prior to their organization after liberation into chartered cities. - - - Complirnents or------ --(b) Please see Ex. Or. No. 400, s. 1942, and Republic Act No. 54. •( l) As corrected upon request of the Provincial Governors / City Mayors concerned. Atty. Jovencio Reyes of Santiago, Ilocos Sur (Sgid'.) JOSE C. ZULUETA Secretary of. the lntc'<'ior Law Office: 603 Cataiufia, Manila NOW AVAILABLE Volume I MUNICIPAL CORPORATION LAW AND JURISPRUDENCE By JUAN F. RIVERA Mem.ber of the Philippine Bar and Chief, P1·ovincial Division, Department of the Interior. --oOo-Send ORDERS (1'50.00 a copy) to COOPERATIVE SERVICE, Publisher Cr. San Rafael-Legarda, Manila. --oOoNote: Purchase of this book by the Local Governments has been authorized by the Department of the Interior in ·its Provincial Circular of Sept. 1, 1948. VOLUME II WILL BE OUT NEXT MONTH. ~~::::::::::::::~:::::·;;·-:::::::::::;;::.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~".~:::::::.::~~:::::::::::::::::!::::::::.::~::::::::_"'"'-'""-'""':::::::::::'=.::=·· JANUARY, 1949 Page 57 Republic of the Philippines COMMISSION ON ELECTIONS Manila LIST OF CITY COUNCILORS ELECT MANILA 1 . Segundo Agustirn (L) 2. Eustaquio C. Balagtas (L) 3. A111dres Santamaria (L) 4. Josefina Phodaca ( L) 5 . Amado Hernandez (N) 6. Salvador Marino (L) 7 . Pedro R. Arenas (L) 8. Vicente G. Cruz (N) 9 . Gregorio N. Garcia (L) 10. Isauro M. Santiago (L) BACOLOD 1 . Aniceto B. Parreno (L) 2. Mario Villanueva (L) 3. Maximino Pilarta (L) 4 . Santiago Ochoa ( L) BAGUIO 1. Luis L· Lardizabal (N) 2 . Roman E. Aiyson (L) CA VITE 1. Zosimo S. Rojas (L) 2 . Rizalina B. Poblete (L) 3. Fernando Medina (N) CEBU 1. Jose Briones (N) 2. Florencio Urot (N) 3. Florentino D. Tecson (N) 4. Eulogio Borres (N) 5 . Jose Cavan (N) 6 . Carlos Cuizon (N) 7 . Eugenio G. Corro (N) 8. Casimiro V. Madarang (L) DAVAO 1. Carlos Gempesaw (N) 2 . Tiburcio Cervantes (L) 3. Carmeo Porras (N) JLOILO 1. Pascual Espinosa (L) 2 . Dominador Jover (L) 3. Joaquin A ban ilia (L) 4. Anrt:onio Sanagustin (L) 5. Simplicia Offemaria (I) LIPA 1. Roman Pilapil (I) 2 . ·Dionisio M. Lingao (I) 3. Alfonso A. Medina (I) 4. Donato M. Guevarra (I) 5. David Valencia (I) ORMOC 1. Rafael D. Omega (L) Z. Victorino 'Teleron (N) 3. Guillermo 'Parrilla (L) 4. Flaviano Montesclaros (L) 5 . Pablo Pajaron (L) 6. Margarito Tugonon (L) 7. Cleto Evangelista (L) 8. Esteban Conejos (L) RIZAL 1. Adolfo Santos (N) 2. Delfini Sanchez (L) 3. Godofredo de! Rosario ( N) 4. Irineo Gallegos (L) 5. 1Artem1o Reyes (N) 6. Alipio Pestanas (N) 7. Segundo Acosta (L) SAN PABLO 1 . Irineo Lozada (L) 2. Roque Is'1a (N) 3. Estanislao Alinea (N) ZAMBOANGA . 1. Jose C. Fernando· (L) 2. Tomas F. Ferrer (L) 3. Leocadio Alfaro (N) i'""'"""''""'"'""""'""'""'""""""'"'""""'"'""'"""""'"'"'"""""""'""'"""""'"""""""""'"""""""""'"""""""""'"""' ~ .. :,,,:::,:.:,,,:::,,::,,,::::.,::,,,:::,,::,,::.,:::,,::,,,:::.,::.,:,,::,,::,,::,::,,::,,,:::,,:,.,:.,:::.,::,,,:::.,::.,'.'..,:,,::.,::,:•,,,'.'.:,,'",,,.,'.,''""""'''".,.,",,",,"-"'",,,",".,",,,"".,",,,"",,,'".,"',.,"'~'· .. ·"'""'> I COMPLIMENTS OF. Atty. MARCELINO N. SAVO U. P. Alumnus from Bangued, Abra u H " formerly i1 Law Assistant, Department of the Interior ii Captain, JAGS, P.A.; Legal Adviser, MPD. II LA w OFFICES: ~~ Bangued, Abra. II Suite 302, Calvo Bldg., Escolta, Manila. . i.:;:::::::::::::::::::::::::::::::::::;;;;;,,,.,.,,,.,.,,,, .. .,,,,,.,,,,,,,.,,,,,.,.,,,,,,,.,,,,,.,,_.,,,,,,.,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,.,,,,,,.,,,,,,.,,,,,,,,,,,,,,,,.,,,,,,,.,.,,,.,.,,,,,.,.,,,,,,,.,,,,,,,,,,,,.,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,"',i Page 58 THE LOCAL GOVERNMENT REVIEW Republic of the Philippines COMMISSION ON ELECTIONS Manila LIST OF MUNICIPAL OFFICIALS ELECT November 11, 1947 Elections PROVINCE OF ABRA BAN GU ED Mayor-Beato V. Alberto (L) Vice-Mayor-Carlos B. Banez (L) Councilors: 1. Pedro Banez (L) 2. Vicente Sta. Maria (L) 3. Maximo Bosque (N) 4. German Bernardez (L) 5. Antonio C. Torrijos (L) 6. Pio ·Bernardez (L) 7 . Decoroso Guzman (L) 8. Honorata Yilla~or (L) BU CAY . Mayor-Alfredo B. Gonzalez (L) Vice-Mayor-Miguel Rosales (L) Councilors : 1. Crispolo Taberdo (L) 2. Valentini Timbreza (L) 3. Felix Sison (L) 4. Mariano Macabeo (L) 5. Dorotea Rojas (Miss) (L) 6. Francisco Alcaide (L) DANG LAS . Mayor-Castor Castaneda (N) Vice-Mayor-Cesario Dumaguing (I) Councilors : 1. Damasco Ballad (L) 2. Venancio Dimmeg (L) 3. Gabriel Bringas (N) 4. Colirng Mandag (N) DOLORES Mayor-Monico Velasco (N) Vice-Mayor-Santos Barbero (N) Councilors: 1. Santiago Trinidad (N) 2. Simeon T·uibadeza (N) 3. Valentin Testado (L) 4. Melanio Lizardo (N) LAGAYAN Mayor-Mingnay Allen (N) Vice-Mayor-Martin Gandeza (N) Councilors: 1. Liyog Turqueza (L) 2. F'rancisco 'Bernal (L) 3. Felipe Jimenez (N) 4. Gareia (L) J'ANUARY, 1949 LANGA&GILANG Mayor-Eusebio Omli (L) Vice-Mayor-Resipicio Alfiler (L) Councilors: 1 . Agustin Aladin (L) 2 . ,Jacinto Martinez (L) 3. Domingo Edao (L) 4. Carlos Banizal (L) 5 . 'Baldomero Bersalona (L) 6. Bernabe Bal-Jaso (L). LA&GIDEN Mayor-Longino Tuazon (N) Vice-Mayor- Francisco Valera (N) Councilors: 1. Felimon Madriaga (L) 2 . Marcos B. Valera (N) 3 . . Balin tag Madpes (L) 4. Benito Paco (N) LA PAZ Mayor-Antonio M. Castaneda (N) Vice-Mayor-Mariano Ola (L) Councilors: 1. Saturnino Abella (L) 2. Cirilo Dupo (L) 3. Jose Gorospe (L) 4 . Florencio Timbreza (L) LUBA Mayor-Antonio Biscara (N) Vice-Ma11or-Mauro Mendoza (N) Councilors: 1. Flinis Sio-angan (L) 2 . Domingo Banes. (L) 3 . Domagay (N) 4. Dagasen Bigornia (N) MAN ABO Mayor-Triumfo Batoon (L) Vice-Mayor-Melchor B. Sabaot (L) Councilors: 1. Macario Batoon (L) 2. Teodoro Riares (L) 3. Luis Balangcad (L) 4 . Francisco Cacho (L) PE&ARRUBIA Mayor- Candido Sagasag (L) Vice-Mayor-Santiago Barreras (L) Councilors: 1 . '.Augusto Asingan (L) 2. Carlos Blanca (L) 3. Esteban Rosario (L) 4. Rufino Madaoi (N) Page 59 PIDIGAN Mayor-Ludovico H. Anin (L) Vice-Mayor-Gaspar Paculan (L) Councilors: 1. B!enito Purisima (L) 2 . Celso Bacarisas (L) 3. Monico Bragas (L) 4 . Casimero Bersamina (L) PILAR Mayor-Marcelinio Sotelo (L) Vice-Mayor-Alfonso Balverde (L) Councilors: 1. Alipio Cabanting (L) 2. Antonio Valera (L) 3. Lorenzo Villanueva (L) 4. VictoPio Fontanilla (L) 5. Valeriano Belizar (L) 6 . Romualdo Alvarado (L) SAL-LAP ADAN Mayor-Eduardo Martinez (L) Vice-Mayor-Baytoc Bayangan (N ) Council'ors: 1. Juan Banaoa (L) 2. Baydan Gomanab (N) 3. Sebastian Dapit (N) 4. Camalao Dav• id (L) SAN JUAN Mayor-Gregorio Taverner (L) Vice-Mayor-Eulalio Bosque (L) Councilors: 1. Lola Bragas (L) 2. Jose Tamonte (L) 3 . Jose Bonao (L) 4. Joaquin Bolante (L) 5. Mauro Ortega (N) 6. Melecio Gandeza (N) SAN QUINTIN Mayor- Nicasio Aznar (L) Vice-Mayor- F1orentino Jose (N) Councilors: 1. Marcelo Diaz (N) 2. Bonifacio Lumapag (N) - 3. Felipe Garde (L) 4. Bernardo Jaiver (L) TA YUM Mayor-Felix Tuanquin (L) Vice-Mayor-Calixto Fernand·ez (L) Councilors: 1. Benito Alagao (L) 2. Juan Tugadi (L) 3. Tiburcia M. Carino (Mrs) (L) 4. Gerardo Gallardo (L) 5. Enrique Talledo (N) 6 . Lorenzo Tagura (N) Page 60 VILLAVICIOSA Mayor-Vicernte Roman (L) Vice-Mayor-P<:dro Bumatay (L) Councilors: ' 1. Velasco Pagao (L) 2. Butado Maguinsay (L) 3. Lai Olioan (L) 4. Dameg Maling-an (L) PROVINCE! OF' AGUSAN BUENA VISTA Mayor-Juan S·. Maestrado -(L) Vice-Mayor-Macario S. Flores (I) Councilors: 1. Pedro Sanchez (L) 2 .. Alejandro Cabilogan (J!) 3. Victorio Abad (L) 4. Juliana R. Kinan•ahan (L) 5. Ignacio Destreza (L) 6. Jose Aipduhan (L) BUTUAN Mayor-Romulo Rosales (N) Vice-Mayor-Salvador C. Ciencia (N Councilors: 1. Concepcion C. Montilla (L) 2. Gabriel R. :Bana-ag (I) 3. Lodovico N. Patanao (L) 4. Mateo V. Tu.paz (N) 5. Gil Villanueva (N) 6 . Raymundo G. Regis (L) 7 . Desiderio C. Villanueva (L) 8. Cipriano Luna (L) CABADBARAN Mciyor-F. C. Dagani (L) Vice-Mciyor-L. R. Corvera (L) Councilors: 1. Beniigno Magarin (L)2. Nestorio D. Mortola (L) 3. Fernando F. Cabonce (L) 4. Bernardo C. Pia (L) 5. Alfonso Dagani (L) 6. Leon Pacot (L) 7. Arsenio Aciga (L) 8. Teofilo D. Cura to (N) JABONGA Mayor-Pio A. Monton (L) Vice-Mciyor-P. Ai. Bermudez (L) Councilors: 1. Marcelo Cahalan (L) 2. Leoncio Rosales (L) 3. Mansueto M. Merdeno (L) 4. 1Alejandro B. Grana, Jr. (L) 5. Jaime M. Cervantes (N) 6. Sopelin M. Dejolde (L) THE LOCAL GOVERNMENT REVIEW NASIPIT Mayor-M. B. Timogan (L) Vice-Mayor-Basiliso L. Abao (N) Councilors : 1. Guillermo Noriega (L) 2. Maximino Felias (L) 3. Catalino Lo-ong (L) 4. Floro S. Bacol (L) 5. Teodoro M. Luneta (L) 6. 'Benjamin R. Pia (L) TALACOGON Mayor-Vivencio A. Curato (L) Vice-Mayor-Luis G. Corvera (L) Councilors: 1. Teofilo Beray (N) 2. Valeriano Novo (N) 3. FauscD Mendoz.i (L) 4. Alfredo Yuchaco (N) PROVINCE OF ALBAY BACACAY . Mayor-Jose V. Laweniko (L) Vice-Mayor-Hilario ,Beran:go (L) Councilors: 1. Eleonor Bellen (L) 2. Bonifacio Belmes (L) 3. Cecilio Cortes (L) . 4. Vitaliano Medina (L) 5. Nemesio Buban (L) 6. Salustiano Belgica (N) CAM ALIG Mayor-Engracia Vibar (N) Vice-Mayor-Benito Bueno (N) Councilors: 1. Gerardo Nobleza (N) 2. Felix Segovia (N) 3. Alejandro Herrera (N) 4. Pedro Villanueva (N) 5. Hermogenes Cuachin (N) 6. Silverio Ragos (N) DARA.GA Mayor~Felipe Lotivio (N) Vice-Mayor-Pedro F. Callos (N) Council01·s: 1. Honesto de Vera (N) 2. Pedro M. Masayda (N) 3. Anrt:onio Lustado (N) 4. Ma,nuel Espinas (N) 5. .Fil em on Lorena (N) 6. Amado M. Alcala (L). GUINOBATAN -, - -.: Mayor-T. 0. de los Reyes (L) Vice-Mayor-Martin 0. Garcia (L) .... Councilors: 1. C. V. Baybay (Mrs.) (L) 2. Deog-racia• Paulate (L) 3. Antonia R. Opiana (L) JANUARY, 1949 4. Carmen P. Neric (L) 5. Eduardo Olaguera (L) 6. Prescillano Osial (L) 7. Exequiel Bigay (L) 8 .. fublo Oroyo (L) JOVELLAR Mayor-Jose N. Ortega (LJ Vice-Mayor-1Abundio Calag (L) Councilors: I. Pusina Clamar (L) 2. PoTicarpo Marfil (L) 3. Alejo Valenzuela (L) 4. DalmaC'io Nunez (L) 5. Isidoro Paraiso (L) 6. Maximo Cedeno (L) LEGASPI Mayor-H. E. Pareja (L) Vice-Mayor-Abelardo Imperial (L) Councilors: 1. Pirimo :Barbin (L) 2. Florencio de Vera (L) 3. Abundio Acuna (N) 4. Pedro Abaleta (L) 5. Rafael Santillan (L) 6. David Adornado (L) 7. Claudio Apu.J.i (L) 8. Felixberto Esquivel (L) LI BOG Mayor-Miguel Bustamante (N) Vice-.lfo·yor-f'elicisimo Banda (L) Councilors: I. Nicolas Lameta (L) 2. Eutiquio Balaoro (L) 3. Leocadia Balanta (L) 4. Segundino Balila (N) 5. Calixto Balean (L) 6. Justiniano Banda (L) LIB ON Mayor-Ramon M. Velasco (N) Vice-Mayor-Eliseo Serrano (N) Councilors: 1. Zosimo Chavez (N) 2. Braulio Sayson (N) 3. Simplicio Satuito (L) 4. Elias Samson (L) 5 . Dionisio Marano ( N) (elected 5th councilor per decis.ion by Court of F'irst. Instance.) 6. Proceso 1A. Segui (N) LIGAO Mayor-Jose de! Rosario (L) Vice-Mayor-Magno Gumba (N) Councilors: 1. Biienvenid~ Llaneta (L) 2. Juan N. Lopez (N) 3. Lucio Yuson (L) 4. Jose Chavez (L) Page 61 5. Gervacio Sto. Tomas (L) {i. Valentin de Luna (L) '7. Blas Sarte (L) 8. Francisco ;A. Tolarba (N) MALILIPOT Mayor ___ _ Felix Belmonte (L) Vice-Mayor ____ Andres Bonafe (N) Councilors: 1 . Cayetano .Bo (N) 2. Faustino Candaza (L) 3 . Egmidio Bea (N) 4. Sisinando ·Bunao (L) , _ 5 . Marcelino Blanquisco (L) 6. Felix Biglaen (N) MALIN AO Mayor ____ T. R. Regalado (L) Vice-Mayor ____ Balbino P. Camaya (L) Councilors : 1. Francisca D. Peiipso (L) 2 . Pio de Leoni (L) 3. Felipa Chavez (L) 4 . Asuncion Vda. de Cea (L) 5. Raymundo Cedro (L) 6. Aurelio Corral (L) MANITO Mayor ____ Jose R. Daep (N) Vice-Mayor-Jose Ramirez (N) Councilors: 1. Carlos Pawa (N) 2. Rosendo Daz (N) 3 . Antonio Daep (N) 4. 'Faustino Dado (N) 5 . Jacinto Decano (N) 6 . Pelagio Arteta (L) OAS Mayor-T. Raguero (L) Vice-Mayor-F. Reburiano (L) Councilors : 1. Domingo Redito (L) 2. Manuel Bustamante (L) 3. Remedios L. Peralta (L) 4 . Gerardo Rabadam (L) 5. Maria Roa (L) 6 . Alejandro Sabater (L) POLAN GUI Mayor-Jesus Salalima (L) Vice-Mayor-Conrado A. Subater (L) Councilors : 1. Isabelo Sarte (L) 2. Juan Gonzales (L) 3. Joaqu.in L. Buenviaje (L) 4. Apolinar D. Sarion (L) 5. Inocencio Raye! (N) 6. Gaspar Baylon (L) Page 62 R.4PU-RAPU Mayor-Mariano G. Aguilar (L) Vice-Mayor-Domingo Bulawan (L) Councilors : 1. Mario Victoria (L) 2. Vicente E. Aguilar (L) 3. Paulino Adornado (N) 4. Policaripo Buen (L) 5. Simeon Ecleo (L) 6. Fran/Ci.sco :B. Acleo (L) TABACO Mayor-Tomas Cabiles (L) Vice-Mayor-Leoncio R. Ras (N) Councilors: 1. - Narciso Velasco (L) 2. •Arsenio B. Loyola (N) 3 . Carlos M. Demetriou (N) 4. Tito Bilangel (N) 5 . Apolonio /Bluban (L) 6. Solomon Bongon (N) 7. Remedios Diaz (N) 8. Justino /Brizuela (L) TIWI Mayor- Eleodoro Certezano (L) Vice-Mayor-Jose C. Templado (N) Councilors : 1. Mrs. S. B. Cli:maco (L) 2. Hipolito Cleofe (N) 3. Juan Moran (N) 4. Mariano Madrilejos (N) 5. Antonio Candolea (L) 6. Calixto Cardano (N) (To be continued) Highest of distinctions ·is swrvicP. -King George VI of England - - - - - Greetings from Alex Office Equipment Co., Inc. SALES < • SERVICE * REPAIR 675 Evangelista, Quiapo, Manila TH E LOCAL GOVERNMENT REVIEW Activities Of The Local Governments & Their Officials CONFERENCE OF PROVINCIAL GOVERNORS AND CITY MAYORS HELD IN THE CITY OF Mll\NILA, ON JANUARY 21-27, 1948. PRESENT: Hon. Manuel Cuenco-President Jose B. Lingad-Vice-President Perfecto Faypon-Secretary Ponciano Bernardo-Treasurer Manuel de la Fuente-Auclitor And all Gowrnors and City Mayors present-Members. The meeting ·was called to order by the .t'resident at 11 :00 o'clock ante meridian. RESOLUTIONS No. l ' WHEREAS, the important unit of a rea'I democratic government resides in the barrio under the leadership of a barrio lieutenant; WHEI REAS, the barrio lieutenant does much for the maintenance and enforcement of law, peace anid order in his barrio ; WHEREAS, the barrio lieuten1ant is the best agent for the dissemination of news, orders, ordinances and practically all governmental requirements; WHEREAS, the barrio lieutenant is the embodimenlt of a patriarch, a legislator, a judge, and a police officer; and WHEREAS, the barrio lieutenant is responsible for the entertainmenrt of his Mayor, Councilor and company who visit his barrio; BE IT THEREFORE RESOLVEiD that this barrio lieutenant be given traCompliments of vel allowance in recognition of his meritorious and sacrificial services. BE IT FURTHER RESOLVED that municipal councils be granted autonomous powers to raise fum:ls for the purpose. Carried unanimously. No. 2 n·HEREAS, the address just delivered! by His Excellency, President Manuel Roxas of the Philippines, before the Provincial Governors and City Mayors .in convention assembled, is a brillian:t and masterly exposition of the various important political, economic and social problems, both national, provincial and municipal, that are now confronting our administration and challenging our wisdom and devotion to pnblic duty; WHEREAS, i.nt the same address, after a thorough and profound study of the said problems, the President has ivlso proposed and suggested various means of solving them, which proposals and Juggestions are not onJ.y timely, practical and effective but are possibiy the best that any man of extraordin1ary experience and wisdom can possibly conceive of; WHERE1AS, for sometime now, the administr<..tion of President Roxas has been atrracked in some quarters as a regime of dishonest and money-making officials and as a carnival' of graft and corruption; WHERBAS, these attacks would seem to indicate and imply that the President has blindly consented to the .' SANTOS SALES STORE CAGAYAN, MISAMIS ORIENTAL Dealers in: HAMILTON BROWN GOODS FIREARMS AMMUNITIONS OFFICE EQUIPMENT & SUPPLIES REMINGTON TY'PE\W<RITER JANUARY. 1949 SCHOOL SUPPLIES SPORTING GOODS FILING CABINET STORAGE CABINET Page 63 comm1ss10n and perpetration of the sup.posed governmental irregularities when in truth and in fact he has r.ot done this and far from having consent., ed to these irregularities the President has undertaken and ordered one investigation after a·nother of. those officials who forgot their loyalty to public service, which inrvestigations resulted in the prosecution and conviction of several persons irrespective of .their party affiliation and of their friendship w't,h the President; !WHEREAS, it is our humble and honest belief that the adminJstration of. President Roxas has been comparatively speaking a great success despite the fact that it o.ccurred at a time when the Philippines was nothing but a handful of shambles and ruins, with a treasury practically empty, with an economy almost entirely · dislocated, with industries totally paralyzed and ·with the people miserably poor and hungry and caught by the eddy.ing currents of new social and political ideologies; WlIEREAS, it is our sincere opinion that no other man could have steered .:iur small and feeble ship of state into such a comparatively safe and happy condition in which we find ourselves today except His Excellency, President Manuel Roxas; WHE.REAS, it is our impartial conCllusion that on1Jy President Roxas could have devised and formulated the broad aind far-reaching programs of PhHippine rehabilitation and reconstruction and, consequently, it i.~ also our conclusion that only President Roxas who can possibly prosecute and terminate these programs ra"Pidly and successfull)•; !WHEREAS, it is our belief that the complete realization of. these vast programs cannot possibly be accomplished during the short span of the first term of our President and we feel that a second term for him is not only our greatest desire but it is a great public necessity and is a present and loudest :a;]1] of the entire niation; WHEREAS, Honorable Elp.idio Quirino, Vice-President of the Philippines, bas in no small measure helped and assisted President Roxas in the sue. Page 64 cessful admirui:stration of our ship of state; The Provincial Governors and City Mayors in convention assembled, RESOLVED, to 'approve and indorse completely the address just delivered to us by His Excellen"y, Presjdent Roxas; to express and reiterate our faith and confidence in the present administration; to urge him and Vice-President Qurino to run for re-election·. next year and to pledge our wholehearted and unanimous support for· their re-election. RESOLVED FURTHER, to forward' a copy each of this reso'lution to llis·. I E>xcellency, Manuel Roxas, President. of the Philippines, and Honorable Elpidio Quirino, Vice-President of. the'Philippines, Manila, for their i'l1!formatrlon. Carried unanimously. No. 3 WHEREAS, it is a fact that in the case of provincial and municipal priSOJ1ers serving sentences in the provinces, municipalities, and muniicipa1 · districts, the provincial governors are· always in a better posit:on to know such: convicts, the latters' character, conduct,. etc; WHEREAS, governors can better determtlne whether such convicts. have· improved a• nd may still become good' members of society and thus make up to become good citizens ; WHEREAS, it is a fact that provincial ar..d municipal! prisoners servingsentences in the provinces and municipalities are being maiuta,ined ·by the· provincial and municipal governments;· WHEREAS, the maintenance of such prisoners carry big items in the provincial and municipal budgets, incurring big amounts of money that bring burden to provincial a'!1d municipal funds:· NOW, THERE.FORE, be it resolved: by the governors and city mayors now in convention to request of His Excellency, the President of the Philippi'l1es, so that .the latter either asks the Congress of the PhiJ,ip.p·ines, to act, or he (the President of the Philippir.ies) delegates his power of pardon or parole,. if this is possible, so that governors· may exercise that same power towards provincial and municipal prisoners. THE LOCAL GOVERNMENT REVIEW Done at the City of. Manila, this 26th .day of Ja·nruary, ·1948. Carried unanimously. No. 4 WHEREAS, in the wake of the last WAR we see the Philippines a picture -of ruin, destruction and desolation; WHEREAS, in the Enemy's orgy to 'kill, destroy and foray men, women and -ehildren were wantonly slaughtered; ·cities, towns and villages razed to the _ground; properties carted away and/ or destroyed; WHEREAS, not only was the Enemy ·responsible for the destruction of pro·perty, albeit in the most part they were, 'but also our own ' forces were con.strained! to destroy for reasons of miliiary expediency; WHEREAS, as a .;onseqpence of. all these said fortunes of war the FHiipino ]leopile is suffering from a dwirndling .economy for which counts today's unrest. suffering and misery; WHEREAS, in the last deLacle nowhere was loyalty to Amer:ica and steadfast adherence to democratic ten·ets and pr-inciples more manifested and ·exemplified than> in the Philippines and by the Filipino people---'res~stance move·ments readily organized and were in -operation right in the eyes of the ene·· my: WHEREAS, the IVDC has been ·created to look into the damage claims of the Fi.lipinq people and consequently to serve as a good instrument to facilitate the much needed rehabilitation of thi8 country. therefore B® IT RESOLV~:D, to suggest to the WDC that priorit:s- be ghen to ·small claims which are apparently of the noor and needv. and BE IT FURTHERMORE RE·soLVED. to furnish copy of this resolution to the WDC, Manila, Philip-pines. Carried. No. 5 WHEREAS, it is a fact that the socalled "pork barrel" has heretofore been always given to Congressmen who fo turn determine the allocation df the same in their respective districts in·cluding the projects to which the amounts shall be expended; WHEREAS, it has been observed that rn many instances the disposition .JANUARY, 1949 of such "pork barrel" h11~ been abused by some indiscreet. politicians, m~ing the amounts on• ly to promote political objectives, thus bringing criticisms and attacks that seriously cast doubts in the honesty of the government; NOW, THEREFORE, be it resolved as it is hereby resoived, in this convention of governors and city mayors that this important matter be. brought to the knowledge of His Excellency, the President of the Philippines, with the request that steps be taken so that whatever amount or amounts intended for "pork barrel" for provinces or congressional districts be given direct to the general funds of the provinces or districts concerned. for the Provincial B'oard to dispose in accordance with law and to their best judgments for the welfare of .the People. RESOLVED FURTHER that copies of this resolution be forw~rded to His Excellency, President Manuel A. Roxas; t~e Honorable, Secretary of the Interior; the President of the Senate of the Phi1ippines; the Speaker House of Representatives; and all oth~r Depal.'tments ?f the National Gover.rnment. Carried. No. 6 WHEREAS, it has been the commit- . men~ ?f the. past as well as the present Admm1stratJon to pay the three years back pay of all government pre-war employees; WHEREAS, pre-war members of CoJ?&:ress and other high . government of~1cials ~ave already and justly received their packpay as those who already received theirs· WHEREAS, this ~ct if carried is ?ompatible with equality, good-will ~nd Justice, and conducive to peace on' the ;estless, and restoration of confidence m and respect for the government and the Administration· BE IT THEREFORE RESOLVED by the .gov~rnors and rity mayors in convention assembled to re(iuest as they hereby request the President to take adequate steps to authorize the ipay11?e!1t of the backpay of deserving officials and employees. BE IT !URTHER RESOLVED that the President be authorized to issue government bonds if necessar:v to meet the backpay in. question and owJJ.ers Page 65 allowed to negotiate them with banks or private individuals. Carried unanimouS'ly. No. 7 :WHEREAS, the policy of granting i::reater local autonomy to the provinc!al and municipal governments, a• s enunciated by His Excellency, the President of the Philippines, is expedient ~md timely in order that this young nation on its way to prosperity and security will firmly· and steadily march on with the progressive nations of the world along that direction; • WHEREAS, the enuncbtion of such policy has already met with popular acclaim in all quarters of the Republh:; WHEREAS, the election of Membere of the Provincial Board in the speciaJ1 lyorganized provinces, · as recently au· thorized in an executive order issued l-iy His Excellency, the President of the Philippines, has further advanced the exercise of local autonomy in said provi;;ces, and that, as manifested in the last elections, the constituents of these provinces <>re well prepared for and well deserving of, such poliitical concessions·; WHEREAS, in order to effect compfete political automony in these special provinces, namely Bukidnon, Cotabato, Lanao, Mountain• Province and Sulu, the offices of provincial governors thereat should be made elective as soon as condi. tions in these said .provinces warrant the proposition and in order to bring them up in level with the rest of the provinces in this country; and WHEREAS, a definite date or time s·hould be fixed by Jaw for such eventuality to give ample time for these provinces to prepare and get ready; Now, therefore, be it RESOLVED, as it is hereby resolved, by the Provincial Governors and City Mayors in conventiorn at the City of Manila, this 26th ciay of January, 1948, to request His Excellency, President Ma·nuel A. Roxas, to proclaim that the office:; of provincial governors in the specially-organized provinces of Bukidnon, Cotabato, Lanao, Mountain Province and S11Ju, be made elective and that the first Pfovincial e~ections in said provinces sheH be held together with Phge 66 the next general provincial elections in the year. nineteen hundred and fiftyone. Carr;ed. No. 8 WHEREAS, in order that this Body of Governors and City Mayors can with success achieve the aims and purposes for which i,t had been called; WHEREAS, in successful accomplishment of the aims and purposes of this Cornvention, it is necessary that His Excellency, the President be consulted and informed of the desire of this Rody of Governors and City Mayors; WHEREFORE, this Body of Governors and City Mayors in Convention today in the City of Manila RESOLVED, as it herP.by resolve~!. to create and oriranize a Committee of Governors and Mayors composing of nine Members to arrang-e for an appointment with the President to inform him of the desire of the Governors and to vitalize on important measures to be taken up by this Body. Carried unanimously. No. 9 WHEREAS, a Committee of nine members to arrange for an appointment with His Excellency, the President of the Philippines and to i111form him of the desire of the Governors· and City Mayors has already been created; WHEREAS, these Islands are composed of three major geographcial divisions. namely-Luzon, Visayas· and Mindanao; WHEREAS, in order that these major geographical divisions of these islands would be equally represented in the composition of the Committee of Governors and City Mayors· thus created for the purpose cited above; WHEREFORE, BE IT RESOLVED, that this Commiittee should compose of three members from Luzon, three from Visayas and three from Mindanao, as follows: LUZON Governor Jose U. de! Gallego-Camarines Sur Governor .Jose B. Lingad-Pampanga Governor Enrique '.Biraganza - Pangasinan THE LOCAL GOVERNMENT REVIEW The llocos Sur Agricultural, Commercial & Industrial Exposition & Fair TO BE HELD AT VIGAiN FROM JANUARY 21 TO 31, 1949. EXCERPT FROM THE MINUTES OF THE REGULAR MEETING OF THE PROVINCIAL BOARD OF ILOCOS SUR, HELD AT MAGSINGAL, ON WEDNESDAY, NOV. 3, 1948. PRESENT: Hon. Perfecto Faypon,~Provincial Governor, Mr. Pablo C. Sanidad,-Member, and Mr. Anselmo Makil,-Me;rnber. RESOLUTION No. 530 'WHERfilAS, the Provk1ce of I:l'ocos Sur is underta·king a Provincial Agricultural, Commercial and Industrial Exposition and Fair, dedicated to His Excellency, the President of the Philippines, the same to be held on January 21-31, 1949, at Vigan, Ilocos Sur; WHEREAS, one of the primary aims of said exposition and Jair is to make the province, its people, its products :md its achievememts known not only to the other people of the country but to government officials as well; ;WHEREAS, the said exposition and fair aside from attaining the aforestated aims would also be an occasion Governor Governor Occidental Governor VISAY.\S Jacinto C. Borja- Bohol Rafael Lacson-Negros Baltazar A velino-Samar MINDANAO Governor Vicente L. Pimentel-Surigao Governor Paciencio G. Ysalina-Mi& amis Oriental City Mayor Suarez- Zamboang-a City RESOLVED FURTHER, to furnish copies of this resolution to each of the members of the committee mentioned above. Carried unanimous.Jy. No. 10 WHEREAS, durirng the opening of this convention, this Body of Gover.JANUARY, 1949 for the officials of the National Go vernment to get and acquire · a first hand information of the problems and '!11eeds of the province. NO!W, THEREFORE, in consideration of the foregoing premises th<) Board has Upon motion of Governor Fayyion RESOLVED, as it hereby resolves, to invite the different heads of Bureaus of the National Government, thru their respective Department Secretaries, to attend the Ilocos Sur Agricultural, Commercial: and Industrial Exposition arnd Fair for the vurpose of knowing the Province of Ilocos S~ir, its problem's and its needs. RESOLVED .FURTHER, to forward this resolution thru the respective Department Secretaries to the various heads of Bureaus and National Offices, Manila, for their infonmation and full cooperation on this matter. Carried. I hereby certify to the correctness of the above quoted resolutioJJ, (Sgd.) EXPEDITO CADENA Provincwl Secreta.r11 nors and Ci.ty Mayors had been the recipient of a speech delivered by His Excellency, the President of the Philippines, for its information and proper rn.idance; WHEREAS, in order that each and every member of this Convention should be given the chance to go over said speech for careful study and deliheration, . WHEREF'ORE, be rt ummimously RESOLVED, as it hereby resolved, that each and every member ·of thi8 Convention of Governors and City Mayors be f!Jrndshed with a copy of said speech for careful study arnd deliberaition. Carried unanimously. (To be cor11tinued) P.age 67 HOUR LOCAL OFFICIALS" Hon. PERFECTO FA YPON Provinci11!l Governor of !locos Sur Personal Circumstances: Born of humble parents on April 18, 1898, at barrio Cuta, Vigan. Worked his way through school as shoema:ker and raftsman. Married to nee Agustina Gorospe of Bantay, I. Sur. Their children: Jose, Perfecto, Jr., Priscilla and Milagros. Schools Attended: Primary Schools of Vigan; and Ilocos Sur Normal School. Experiences and Activities: Founder and first President, Young Men's Progressive Club of Vigan; Classroom and Principal Teacher; · Secretary, Ilocos Sur Carnival & Exposition (several years) ; Page 68 First elected Municipal \President of Vigan from the barrio; Member, Provincial Board of Ilocos Sur (1937-by appointment) ; President, Association of Municipal Presidents of Ilocos Sur, 1931-1940) ; Chairman, Naitional Convention of Municipal Mayors of the Philippines (1939) ; Member, Committee on Resolutions, Nacionalista Party (1939); Refused to serve in the puppet government during the Japanese Occupation and was nearly shot to death when he answered' back to a Japanese officer: "I prefer to be s·hot to death · than to betray my country." Helped the 15th Infantry, USAFrP, NL in the libemtion of Vigan and was elected first MiJ.itary Mayor thereof.; Provincial Director, Economic Administration of Ilocos Sur (1945) ; Provincial Campaign Manager, Nacionalista 'Party (Liberal W:ing) in Ilocos Sur (1946) ; Provincfa;l Governor of Iloco& Sur (1947 -by appointment) ; Provincial Governor of Ilocos S·Jr (b.l" election) 1948 and Secretary, Conference of Provincial Governors and City Mayors. 1948-JOSE R. COLLANTE Provincial Treasurer of. Sorsogon Personal Circumstances : Born on November 26, 1905, in CamiJ.ing, Tarlac. Married to nee Rosario Borromeo Clf the City of. Cebu. Their .:hildren : Fie! Josefina, Jose Ted, Jr., anct Luz Divina. · Schools Attended: ,., Camiling Elementa-ry School; Tarlac High School ; and University of Manila. Educational Qualifications: Business Administration; Higher Accountancy; C. P . . A, (I. c. s.) ; Groundwork in Aviation (Linco'ln School of Aviation); THE LOCAL GOVERNMENT REVIEW Speedwriting (New York Brief System School) ; and Journalism (Syndicate School) . E xperiences and Activities: Asst. Prov. Treas. of Sulu, Capiz, and Tarlac; Acting Prov. Treas. of Capiz; Acting 'Prov. Gov. of Capiz; Inspector, Department of Finance; Regimental Finance Officer, 66th Inf. Reg., 6th Military District (Recognized Gu(Ori'l'la Organization; Founder and President, Sorsogon Employees ·solidarity; Organizer and President, Sorsogon Pen Wieilders Association; One of founders of" the Tar lac High School Alumni Association; Member, Araw Lodge No. 18, F & A Masonry; Life Member, Rifle and Pistol Association, Manila; Hobbies or avocation: Creative writing and hunting; Traveled to Sandakan, British North Borneo, Celebes, and all provinces of the Philippines except Hatanes. Leader, "Commoner's Block", Provincial and City Treasurer's Assotion; Youngest Provincial Treasurer ever Municipal .. .. . wherein the several purposes of life as conceived by the inhabitants are pursued. The human element, irrespective of legal form and function, is the power which propels and shap·es community energy. The machinery of government, however perfect, will work only when there is spirit and energy as well as interest and understai:r ding in the people. Spirit and energy generate and transmit the motive power, while interest and understanding µoint the direction in which the governmenta• l organ is to move. This ultimate motive power of activity and i.ts ll!a;ture must be found in the people themselves. Additional municipal powers and improveJANUARY, 1949 The Provincial Treasurer of Sorsogon and Onr Associate Edit01· assigned to Sorsogon; and Free-lance writer of The Manila Times, Chronicle and .Free Press. ment in form of organiza1;ion, howe:.rer pressing, will be no better than a scrap of paper u.n~ess the people move energetically and in the right direction, supported by proper views of what good government and administration should be. This view makes the creation of a municipal research service the more felt, for one wholesome function of such a unit would be, as i.n the Detroit Bureau of Governmental Research, . "to get things done for Detroit tlhrou.gh cooperation with persons who are in office. by increasing eHiciency and eliminating waste"; and '1to serve as an independent, non-partisan agency for keeping citizens inform,~d about the city's business." Page 69 MEMORANDUM for EVERY CITIZEN OF THE REPUBLIC OF THE PHILIPPINFJS [Excerpts from Speeches of His Excellency ELPIDIO QUIRINO President of the Philippines.] "Let there be more economics and less politics; let there be more action arid less preaching; more execution and less denunciation."-At the Plaza Independencia, City of Cebu, on Nov. 25, 1948. "1 shafl not be prompted by any selfish interests. I shall not be guided by unholy motives that shall alienate the masses." -At the Inauguration of the Cavite Provincial Capitol, City of Cavite, on Deceinber '11, 1948. ¥* ¥"I need the steadying influence of the people I am seeking to serve with honesty and sincerity and determination that I have and capable of having."-At the Ateneo de Manila Alumni Homecoming Luncheon on December 12, 1948. ¥* ¥"The Ship of State is being rocked by the forces of prejudice, jealousy, envy, ill-wish, and may be with a mixture of hate." -Id. JANUARY 27 With rich temperament you shouJd do well in music and with study can create. Emotions are things to be kept under control anid easy discouragement can be overcome with persistence. You are a great lover. JANUARY 29 You are possessed of natural wisdom and are particularly brilliant at repartee. Legal or diplomatic work will seem most favorable for best results. Try to be more lenient with creaitures weaker than yourself. JANUARY 31 With dignity and diplomacy, the endowed of this date should do well in matters of government especially as it ap:plies to international trade. Your love of travel shou'ld be commercialized. .Page 70 J'ANUARY 28 Seeing things finished as you start th.em should carry your ability far in engineering cir CIJil~truction work. Your best ·efforts require out-door work for full expression. A pJ.easang disposition can lead men. JANUARY 30 Your abundant energy and good personality easily qualify you as a leader of men. The faculty of making people agree with you is a rare asset. Either in sales work or in politics you should do well. ---0·---"To summarize, health is sought, first, to avoid discomfort and disease; second, to win greater power, pride, pleasure and profit for one's self; third, to enjoy greater privileges of service to one's fellows." THE LOCAL GOVERNMENT REVIEW \Nere You Born In January? A HOROSCOPE* JANUARY 1 The child of this day is gifted in self expression and should ~o well in lines of writing or public address. An opportunity exists in t.he field of. politics. Don't, how1.:ver, forget aJll the lighter things of life. JANUARY 3 Your overaggressiveness can be traced to your self-dependence, which makes you master of mamy situations. Be careful lest your anxiety to . accomplish be interpreted as domineering. Building is a suggested vocation.. JANUARY 5 The s·em;itive nature of this birth date needs to take the world and its people less serious1ly. Your mi.nd, of an inv()ntive turn, shows to its best when dealing with mathematical problem. You are well qualified to teach. JANUARY 7 You hav11 an a11tistic nature and a 'love for the out-of-doors. Your abiHty would seem to indicate best results· in commercial enterprises, buying and selling. You should avoid evasion and personal ri~ks. JANUARY 9 Born of this date she Jld find a place in the finnncia,\ world as you are capable of handling your own and other's money. People find it ell-SY to trust you and your judgm_\}nt. Your decision are weighed very carefully. JANUARY 11 Best results for you will come from financial or commercial work. You have an intuitive mind Hnd ability to carry out plans by enlthusiasm rather than reason. * F1·om NYAL. J ANUARY, 1949 JANUARY 2 Born today you have a fondness for details and possess a determiniation to follow things through to a conclusion. Your temperament is well adapted to organization work. JANUARY 4 Born today you possess a nature that craves adveruture and new experiences. You will not be content in a rut and will get great hap,piness out of the help you can give others. Yours is an outdoor life. JANUARY 6 You are endowed with the great faculty for understanding people, being of a great heart that is willing to give a lot to get a little. You are well equipped to make a Ruccess in any line that requires you to meet people. JANUARY 8 Be careful in the selection of your associations as you are inclined to judge people too quickly. Look beneath the surface for real values. Your best effor.ts will produce in agricultural pursui1Js. JANUARY 10 An artistic temperament is born of this date and if trai. ned well can lead to ·aiccom.p.\ishment in desig,n and home decoration. You are patienrt with details and should do well in building or architecture. JANUARY 12 You· are blessed wi.th the ability to see clear1J;y through situations wit!: keenness of vision and a wealth of imagination that shoukl carry you a long way in the field of journalism. Develop your ability Ui express. (Continued on next page) Page 71 JANUARY 13 Born this day is a great heart that easily makes and holds strong friendships. You will be inclined to do too much for others and too little for yourself. By training you can do well in :law or teaching. JANUARY 15 Overcome that complex that makes you feel not at home with ihe mass of people you meet. Be more self-assertive and aggressive. The tender heart shows its shyness but is seldom appreciated. JANUARY 17 You are ·inclined to distribute your efforts and ability over too many lines of endeavor. You have to learn the advantages of absolute concentration. The fa'st-working mi:nd starts too much and finishes too little. JANUARY 19 A child this date has a positive mind that can lead to stubbornness. Learn to respect the other fellow's opinion and be sure to avoid all written coJJtroversy. You lean toward the artistic. JANUARY 21 Born with you is a deep regard for the spiritua·l and a fine love for good music. Your good mind should go far in public welfare w'ork tecause you are full of deep sympathy. Make a sltudy of 0ratory. JANUARY 23 Your life must become adjusted to expect sharp turns. in• its events. Do not set your plans too far in advance and thus avoid disappointment. A. restlessness must be overcome with the development of patience. JANUARY 25 Overcome the inclination to spend too much time on small matters. Your mj.nd has capacity to deal with affairs of consequence. You are better at directing the work than doing it yourself. Make your time count in worth. Page 72 JANUARY 14 Cultivate self-promotion as you may be inclined to sit back and let those less ,qualified move ahead. Overcome your self-consciousness and demand greater respect and higher rewards for your efforts. JANUARY 16 You have a restless nature and a keen des.ire to carry out yom· own ideas. An• y work dealing with publishing, sal<esmanship, printing, or accounting is favorable. JANUARY 18 Born of this date should work far more with the head and less with the hands. A student by nature you should do well in either science or the languages. The working out of problems should be your fun. JANUARY 20 You are of a type thX; challenges many things and are slow to accept conditions as they are. This attitude will be outgrown. Y ou.r questioning nature should find success in chemical or mechanical engineering. JANUARY 22 You have a benevole·nt sensitive nature well a<lapted' for literary work. Excellent results are indicated in either scientific ventures, publishing or politics. JANUARY 24 Be overly cautious in all financial investments that Ml .impetuous nature may lead you i·Dto. Be careful of all risks as they apply to money. Learn to depend upon the advice of a well-qu'llified friend. JANUARY 26 You are an opportunist and have the ability to arise above tha general run of people. You have arts·itic ab:ility which indicates best results in music and fine arts, or the theatre. (Continued on page 7'0) THE LOCAL GOVERNMENT REVIE W