The Local Government Review

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Part of The Local Government Review

Title: The Local Government Review
Issue Date: Volume I (Issue No. 4) April 1949
Year: 1949
Language: English
Rights
extracted text: CONSERVATION AND UTILIZATION OF NATURAL RESOURCES (Art. XIII, Constitution of the Philip· pines) SECTION 1. All agricultural, timber, and mineral lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of' potential energy, and other natural resources of the Philippines belong to the . State, and their disposition, ex· ploitation, development, or utilization shall ·be limited· to citizens of the Philippines, or to corporations or associa· tions at least sixty per centum of the capital of which is owned by such citizens, subject to any existing right, grant, lease, or concession at the time . 9f the i n a u g u r a t i o n of the Government established under this Constitution. Natural resources, with the exception of public agricultural land, shall not be alienated, and no license, concession, or lease for the exploitation, development, or utilization of any of the natural resources shall be granted for a rperiod exceeding twenty-five years, renewable for another twenty-five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power, in which cases beneficial use may be the measure and the limit of the grant. SEC. 2. No private corporation or association may acquire, lease, or hold public agricultural lands in excess of one thousand and twenty-four hectares, nor may any individual acquire euch lands by purchase in excess of one hundred and forty-four hectares, or by lease in excess of one thousand and twenty-four hectares, or by homestead in excess of twenty-four hectares. Lands adapted to grazing, not exceeding two thousand hectares, may be leased to an individual, private corporation, or association. SEC. 3. The Congl'ess may determine by law the size of private agricultural land which individuals, corporations, or associations may acquire Page 206 RIZAL ON WORK AND UNITY· FOR THE NATION Your letter has greatly astonished me as it tells me of resentments, differences, and reconciliations. I think it is useless to talk of things that do not exist, and, if they did exist, they must have vanished in the past. I am of the same opinion as you, that there having been nothing at all we should lose no time talking about it. If I stopped writing for Solidaridad, I did so for various reasons : 1st I need time to work on my boook ; 2nd I wish that other Filipinos should also work; 3rd I have thought that within the party what counts much is unity in the work; and inasmuch as you are now on top and I have also my own ideas, it is more important thait you be left to direct the policy as you understand it and that I should not meddle with it. This has two advantages: it leaves us both free and it increases your pres· tige, which is very necessary because in our country men of prestige are needed. I do not mean to say by this that I am not going to work and follow the cours·e of your activities. I am like an army corps that at the needed moment you see arrive and fall upon the flanks of the enemy who are before you. I only ask God that I be given the means to do so. More9ver, ·frankly I do not like to waste time attacking and fighting private enterprises as those of P. Font, Quioquiap, and others. I fight for the nation, the Philippines. -From Rizal's letter to M. H. del Pilar. 1891. (Reprint from Panorama of March, 1939). and hold, subject to rights existing prior to the- enactment of such law. SEC. 4. The Congress may authorize, upon payment of ju:st compensation, the expropriation of lands to be subdivided into small lots and conveyed at cost to individuals. SEC. 5. Save in cases of hereditary succession, no private agricultural land (Continued on page 220) THE LOCAL GOVERNMENT REVIEW EditorialMORE GUBERNATORIAL POWERS Provincial Governors perform two primary roles in local gov· ernment administration : they supervise the municipalities and they serve the National Government. For the former role, the provincial governors exercise but an approximation of the popular meaning of the term governor. For the latter role, they serve as transmitter which, in fact, has been their major function since the Spanish regime. It has been observed that provincial chief executives, like good children in a Victorian household, do what are expressly told they might do. ·This state of tutelage is no longer suited to the realities of modern local administration. The time has come when an in· creased measure of freedom and responsibility could with safety and advantage be accorded to the local authorities. Administratfon is practically a matter of social engineering and its essence is discretion. When solutions depend upon unforeseen contingencies, local differ· ences, necessity of speed, and flexibility of administration, the admi· nistrator must possess discretionary and determinative powers; otherwise any blueprint of administration cannot be carried out. Government, which was once thought of primarily as a display of power through regulation and control. is now chiefly characterized by assistance and service. To fully attain these modern trends of gov· enrment, the provincial governor should be prepared at all times to cope with the demands of public assistance and service instead of clearing the matters through state channels. The fundamental point is that where some obvious local need exists, the local chief executive ought to be empowered to satisfy it without being hindered through lack of express National or statutory authority. There is a world of difference between safeguarding from Manila the needs · of a re· mote town and being prepared to tackle an emergency. ·It is desirable not only to keep the government as close as possible to the people, but it is also necessary to provide the provincial governor with governmental instrument which will secur" effective public con• trol and protection of the public interest. A great deal of control is exerted indirectly through the power of the purse. This accounts for the fact that the local governments are constant suppliants to the National Government for financial aid. If the governor is really to perform th~ duties of that office, if, in other words, he is to be other than nominally the head of the provincial administration, means must be provided by which he can meet those responsibilities. One such means is the creation of a Permanent Emergency Reserve Fund from whatever source from which to draw in case of urgent needs. The normal workaday processes of life depends upon internal peace and the enforcement of the law. While the governor is called upon to maintain peace and order and enforce the laws, what means APRIL, 1949 Page 207 are provided to carry out these functions? None but to supplicate the aid of National agencies to succor.· Meantime, red tape--delay due to numerous channel$ and regulations-is caused by the need to get the assistance of an armed force. Providing the provincial governor with a ·mounted or mobile provincial police force under his direct command may strengthen a weak strand in the provincial protective service. . . The gover~or's role over the municipalities is the father rule: but under our existing laws he can not discipline or punish an erring local official. except to reprimand. It should be possible to invest the provincial governor with the power of ·direct disciplinary suspension. . And there is need of strengthening the administrative powers of the governor and of providing iii some way for the exercise of central control over the institutional activities of all the provincial operating services. Such an integrated provincial administration dovetails with the principle of looking to the provincial governor as the officer having general responsibility for the con· trol of the conduct of affairs of the province. Only when management is unified is it likely to be spirited and progressive.-JFR. 1 •••11:.~i~~~~;;_21~..J...L;..~ j;~. ·~ ' = -i: wJ t>JY..,~{,.fto/'i-N,/A :. /. !I -7. . The Pr01Jincial G01Jernors and City Mayors while hearing Gov. Doroteo Aguila of La Union sponsoring on October 4, 1948,. a resolution adopting Hon. Sotero Baluyut as FATHER of their air1ociation (See Res, No. 2, page 246.) Page 208 THE LOCAL GOVERNMENT REVIEW REVISED MUNICIPAL BUDGEl PROCEDURE FIRST CONGRESS OF ) THE REPUBLIC OF ) H. No. 1701 1'HE PHILl'PPINES · ) (REPUBLIC ACT No. 238) AN ACT TO REVISE THE PROCEDURE IN THE ADOPTION OF MUNICIPAL BUDGETS, AMENDING SECTIONS TWENTY-TWO HUNDRED AND NINETY-FJV,E, TWENTY-TWO HUNDRED AND NINETY-SIX, AND TWENTY-TWO HUNDRED AND NINETY-SEVEN OF' THE REVISED ADMINISTRATIVE CODE. Be it enacted by the Senate and House of Representa.tives of the Philippine.~ in Congress assembled: SECTION l. Sections twenty-two hundred and ninety fiye, twenty-two hundred and ninety-six and twenty-two hundred and ninety-seven of the RevisP.d Administrative Code are am.ended to read: "SEC. 2295. Municipal Budget.The municipal treasurer shall preseni to the mayor, not later than sixty days before the beginning of each fiscal year. a certified and detailed statement of the actual receipts and expenditures <>f the municipality during the first three quarters of the current fiscal year and the estimated receipts for the ensuing fiscal year. "Within the same period, the heads -0f the various offices in the municipal government shall submit to the mayor .a statement of tht" proposed expenditures recommended by them for their respective offices during the ensuing fiscal year. Upon receiving the foregoing statements, the mayor shall pre.pare the municipal budget for the ensuing fiscal year. The said budget ~hall contain an estimate of receipts :as submitted by the municipal treasurer ·~md his proposed expenditures for the ·ensuing fiscal year. "The proposed expenditures for salaries and wages shall specify the number of positions, their respective designations, and the rates of salaries APRIL, 1949 or wages. In case a reduction of salaries and wages is necessary such reduction shall be general in .~harac· ter, and the percentage thereof shall be uniform for similar rates of salaries and wages. ''The mayor shall submit the said budget to the council not later than twenty days before the beginning of the fiscal year. "SEC. 2296. Appropriation Ordinance.-Upon receipt of the budget, the municipal council shall, on the bas· is thereof, enact the general ~ppro priation orainance. The council may not increase the estimate of receipts by more than twenty per centum of that appearing in the budget. If the council shall fail to enact the general appropriation ordinance before the beginning of the ensuing fiscal year, and pending approval of the said general appropriation ordinance, the correpondlng ordinance for the preceding fiscal year shall be deemed reenacted. Changes in the general appropriation ordinance may be effe~ted by supplemental budgets prepared and adopted in the same manner as the annual budget. "SEC. 2297. Appeal to the provincial board.-In case the head of any office is dissatisfied with the appropriation ordinance approved by the municipal council, he may appeal to the provincial board from the action of the council within ten days after he is advised of such action. The appeal shall specify the portion of the appropriation ordinance ob.:e~ted to and shall state the grounds for the objection. The provincial board shall decide the i,ppeal within twenty days after re· ceipt thereof, and its decision shall be final." SEC. 2. This Act shall apply to municipalirties in speciafily organiz!ed provinces. SEC. 3. This Act shall take effect upon its approval. Approved, June 9, 1948. Page 209 APPROPRIATION FOR o. No. 2312 . , OF THE l\tptiblit of tbt llbilippinel) ..f'ourtb ~tision Begun and held in the City of Manila on Monday, ihe twenty. fourth of January, nineteen hundred and forty-nine [REPUBLIC AcT No. 346 I AN ACT APPROPRIATING THE SUM OF THIRTYTHREE MILLION SJX HUNDRED NINETY-EIGHT THOUSAND AND NINE HUNDRED EIGHTYEIGHT PESOS TO COVER THE DEFICIENCY IN 'THE CURRENT APPROPRIATION FOR THE BUREAU OF PUBLIC SCHOOLS .FOR THE OPERATION AND MAINTENANCE OF EXISTING ELEMENTARY CLASSES AUTHORIZED IN ITEM J-IV- 1 OF REPUBLIC ACT NUMBERED THREE HUNDRED TWENTY. Be it enacted by the Senate and, House of Representatives of the Philippines in Congress assembled: SJ?CTION 1. The sum of thirty-three million six hundred ninety-eight thousand and •nine hundred eighty-eight pesos, or so much thereof as may be necessary, is hereby appropriated out of any funds. in the National Treasury not otherwise appropriated, to cover the deficiency in the current appropriation for the Bureau of Public Schools as authorized in )tern J-IV-1 of Republic Act Numbered Three hundred twenty, "for salaries and wages of teachers and other employees, sundry expenses, including the purchase of textbooks and supplementary rea'ders, and for the aequisition of furniture and equipment,· in connection with the operation and maintenance of public elementary ! sGhools including those organized during previous yeai·s." ~735 . ' • . • • J Courtesy of the PPSTA PUB~' Page 210 THE LOCAL GOVERNl.•ENT REVIEW JC ELEMENTARY SCHOOLS 2 SEC. 2. This Act shall take effect upon its approval. Approved, Finally passed by the Senate on March 16, 1949. ~~~tc~' Acting Secrntary of the ~ate This Act, which originated in the House of Representatives, was finally passed by the same on March 1 49. ,~--- . / /~ / -......J::~--,-'!~y of iff{i:i~~~- - -----·--of Representatives President ~If the Philippines 673ii 0 Courtesy of the PPST A APRIL, 1949 Page 211 APP RO PRIA TION FOR SALARY R. No. 23SS OF THE l!~tpubltr of tbt JI bilippines :'I .ourtb ~tssion Begun and hel<l in the City of Manila on Monday, tne twentyfourth of .Tan\lary, nineteen hundred ancl l'otty-nihe [REPUBLIC AcT No. 34-7 ] AN ACT APPROPRIATING THE SU.M OF TWELVE MILLION PESOS FOR THE ADJUSTMENT OF THE SALARIES OF PUBLIC SCHOOL OFFICIALS, TEACHERS, AND OTHER SCHOOL PERSONNEL OF THE BUREAU OF PUBLIC SCHOOLS. Be it enacted by ihe Senate an4 House of Representatives of the PhiUppines in ·congress assembled: SECTION 1. The sum of twelve million pesos, or so much thereof as may be necesisary, is hereby appropriated, out of any funds in the National.Treasury not otherwise appropriated, to carry out the provisions of Republic Act Numbered Three hundred twelve and to effect the salary adjustments authorized for teachers in section five of Republic Act Numbered Three hundred and twent~ Said sum shall thereafter be included in the Annual General Appropriation Acts. SEC. 2. This Act shall take effeJ? as of July first, nineteen hundred forty-eight. IP L -~}!~( Appm"d, _/:tff ~of~h':! ._ ____ ,573.?. .• -...... J aker of the ll-~:;;;;~7 of Representatii•es ADJUSTMEtuS Page 212 CoU'rtesy of the PPSTA THE LOCAL GOVERNMENT REVIEW Ql. PUBLIC SCHOOL OFFICIALS AND TEACHERS ) I APRIL, 1949 2 Finally passed by'the Senate on March 16, 1949. ·4 /)~ A~t~T{!f(:;: ...... This Act, which originated in the House of Representa~ 10, 19 . President of the Philippines 6737 0 Courtesy of the PPST A Page 213 FISHERIES ACT [Act No. 4003, as amended by C.A. No. 471] AN ACT TO AMEND AND COMPILE THE LAWS RELATING TO FISH AND OTHER AQUATIC RESOURCES OF THE PHILIPPINE ISLANDS, AND FOR OTHER PURPOSES. CHAPTER I MATTERS OiF GENERAL NATURE ARTICLE I._:_Titl~ of Act, fisheries to which it applies, and officers charged with its execution. SECTION 1. Title vf Act.-This Act shall be known as the "Fisheries Act." SEC. 2. Applica,tion of provisions. --The provisions of this 4.ct shall apply to all fishing and fisheries in ·Philippine waters. SEC. 3. Executive officers charged with execution of this Act.-The Secretary of. Agriculture and Natural Resources shall be the executive officer charged with carrying out the provisions of this Act, with authority to assign the direct executive control of the enforcement of its provisions and the rules and regulations that may hereafter be promulgated in accordance therewith to such representatives, bureau, office or service as said Secretary may designate. SEC. 4. Instructions, orders, rules and regulations.-The Secretary of .Agriculture and [Commerce] Natural Resources shall from time to .time is-· sue instructions, orders, rules and reguJations consistent with this Act, as may be necessary and proper fo carry into effect the provisions thereof and for the conduct of proceedings arising under such provisions; and all licenses, permiots, leases, and contracts issued, granwd or made herein shall be subject to the same. All '.ordinances, rules or regulations pertaining to fishing or fisheries promulgated or enacted by provincial boards, municipal boards or councils, or municipal district councils shall be submitted to the Secretary of Agriculture and [Commerce] Natural Resources for approval." (As amended by Commonwealth Act No. 471, sec. 1.) Page 214 SEC. 5. Deputies authoriz13d to enforce provisions of this Act.-Members of the Philippine Constabulary; members of municipal and municipal district police; l)lembers of the secret service force, inspectors, guards, wharfingers of. the customs service; and such infernal-revenue agents, officers of coast guard cutters and lighthouse keepers, and other competent officials, employees or persons as may be designated in writing by the Secretary of Agriculture and [Commerce] Natural Resources are hereby made deputies of said Department Head, with full power and authority to enforce the provisions of this Act and the regulations promulgated thereunder and to arrest offenders against the same. All sueh deputies shall have power to administer oaths and to take testimony in any official matter or investigation conducted hy them touching any matter under the authority of this Act or regulation promulgated thereunder. (As amended by C. A. 471, sec. 1.) ARTICLE 11.-Defiruitions SEC. 6. Words and ·phrases defined.-Words and terms, used in this Act shall be construed as follows : "Philippine waters·, or territorial waters of the Philippines," includes all waters pertaining to the Philippine Archipelago, as defined in the treaties between 1he United States and Spain, dated respectively the tenth of December, eighteen hundred and ninetyeight, and the seventh of November, nineteen hundred. "Municipal waters1" includes not cnly streams, lakes, and tidal waters included within the municipality, not being the subject of private ownership, and no•t comprised within national parks, public forests, timber lands, forest reserves, or fishery reserves, but also marine waters included betTHE LOCAL GOVERNMENT REVIEW ween two lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the gen· eral coastline and distant from it three nautical miles. Where two municipalities are so situated on the opposite shores that there is less than six nautical miles of. marine waters between them, the third _ line shall be a line equally distant from the opposite shores of the respective municipalities. "Person/' includes firm, corporation, association, agent or employee. "Open,'' applies to beds, banks, shell· fields, zones, areas and regions in 'Philippine waters whicli have not been brought within the operation of an order of closure promulgated by the - Secretary of Agriculture and Natural Resources. · "Open season," that period of time during which fishing is permi.tted in a specified area or areas in Philippine waters. "Closed season,'' that period of time during which fishing is prohibited in a specified area or areas in Philippine waters, through an order of closure by the Secretary of Agriculture and Natural Resources. "Inclusion of dates," whenever a pe" riod is designated during which an act is permitted or prohibited, the first and seeond dates shall be included within such period. "Whole to include part,"· every provision relating to a fish or other aquatic animal shall apply to a part of such fish or other aquatic animal. "Sell and sale," includes barter, exchange, and offering or exposing for sale. "Possession," means actual or constructive possession and any control of things referred to. "Transport and transportation," means all carrying or moving or causing to be carried or moved. "Take or taking,'' includes pursuing, shooting, kilting, capturing, trapping, snaring, and netting fish and other aquatic animals, and all lesser APRIL, 1949 acts; such. as disturbing, wounding, r.tupefying, or .placing, setting, draw· ing, or using any net or other service commonly used to take or coHect fish and other aquatic animals, whether they result in taking or not, and includes every attempt to take an·d every act of assistance to every other person in taking or attempting to take or collect fish and other aquatic 'animals: Provided, Thait whenever taking is allowed by law, reference is had to tak· ing by lawful means and in lawful manner. "Sponges," unless otherwise specified, such as cleaned or prepared sponges, shall be construed to mean spon· ges in their original or natural state and not prepared sponges. · A "fish corral" or "baclad" means a stationary weir or trap devised to intercept and cap·ture fish, consisting of rows or stakes or bamboo, palma braYa or other materials fenced with either split bamboo mattings or wire nettings with one or more enclosuil'e usua:l1y with easy entrance but diffi· cult exit, and with or without leaders to direct the fish to the catching chambers or purse. "Fishery" is the business of catching or taking, handling, mariketing and preserving fish or other aquatic products, the fishing grounds, and the right to fish .or take such products therefrom. "Fish" incluqes not only the fishes proper but also many other aquatic animals like crabs, prawns, shrimps, lobsters, clams, mussels, seal· lops, snails, oysters and other mollusks or shellfish. (As amended by C. A. 471-2.) ARTICLE III. - General protective provisions. SEC. 7. Authority to declare and establish closed season.-The Secretary of Agricultu.re and Natural Resources shall have authority, subject to the approval of the [Governor-Genera.I], :{'resident of the Philippines, to declare and establish a closed season for fish, shellfish, or any other aquatic animal specified by him. SEC. 8, Duration of closed season. -A closed season established by the Page 215 Secretary of Agriculture and Natural Resources may be so defined as to cover a particular portion or portions of each successive year, .or if deemed necessary for the public interest, it may be made to extend over any single period of time of not more than five years' duration. SEC. 9. Application of closed season.-The order creating a closed sea· son may be made applicable to the entire Philippine Islands or to any specified province or other territorial division therein, or it may be limited to 8 particular water or stream. SEC. 10. Issuance of order for closed season.-Such order shall be issued at least two months before the <late of its taking effect, and if gen· eral, it shall be published in the Official Gazette once a week for three con. secutive weeks prior to the same date. An order applying to a province, municipality or other territorial divi~ion, shall be published once a week for three consecutive weeks, in a local newspaper, if any there be, and copies of the order shall be posted at the main entrance of the provincial and munici· pal buildings and in said buildings, before it is to take effect. The Secretary of Agriculture and Natural Resources shall' also adopt in each case such other means of publicity as he shall deem expedient to spread and maintain knowledge of the existence of the order among the people to be affected by it. SEC. 11. Prohibition of the use of obnoxious or poisonous substance in fishing.-The use of any obnoxious or ooisonous substance Hable 1o stupefy. disable, or cause dea~h of fishes or other aquatic animals for the taking .,f the same; or the placing of any such substance in fresh or marine waters of the Philippine Islands where it may cause the stupefaction, disablement, or death; or the gathering by any means of the fishes or other aquatic animals stupefied, disabled or killed by the action of poison<>us substance shall be unlawful: Provided, however, That the Secretary of Agriculture and Nat· . Page 216 ural. Resources may issue permits for the use of poisonQus substance in taiking fish or other aquatic animals in limited numbers for scientific purposes only. Such authorized party must have the permit with him ready to exhibit on demand by any· peace officer· or deputy authorized in section five hereof to enforce the provisions of this Act. SEC. 12. Prohibition of the use of explosives in fishing.-The use of dynamite or other explosives for the stupefying, disabling, killing, or taking of fish or other aquatic animals, or under water for any purpose except in the execution of bona fide engineering work and the destruction of wrecks or obstructions to navigation; or the gathering by any means of the fishes or other aquatic animals stupefied, disabled or killed by the action of dynamite or other explosives shall be un· iawful: Provided, That the use of mechanical bombs for killing whales,. crocodiles, sharks, or other large dangerous fishes, may be allowed, subject to the approval of the Secretary of ~ .............. ~ .................................. ] ~ JARDIEL AND SONS ~ ! TR~!~~.~ :·~~~NT~NC. I : ~ Main Of/ice ~ ~ 1130 Quezon Boulevard ~ Manila ~ . ~ Branch: 63 E. Guanco Street ~ Iloilo City L ....................................... , THE LOCAL GOVERNMENT. REVIEW Agriculture and [Commerce] Natural Resources and the Secretary of the Interior in taking fish or other aquatic animals in limited numbers for scientific purposes only. Permitees must be ready at all times to exhibit permits on demand by any peace officer or deputy authorized in section five hereof to enforce the provisions of this Act. The possession jl.nd/or finding of dynamite, blasting caps, and other explosives in any fishing boat shall constitute a presumption that the said dynamite and/or blasting caps and explosives are being used for fishing purposes in violation of this section; and that the possession or discovery in any fishing boat of fish .caught or killed by the use of dynamite or other explosives under expert testimony shall constitute a presumption that the owner if present in the fishing boat or the fishing crew have been fishing with dynamite or other explosives. (As amended by C. A. 471-1.) SEC. 13. Protection of fry or fish eggs.-Except for scientific or educational purposes or for propagation, it shall be unlawful to take or catch fry or fish eggs and the small fish not more than three centimeters long, lmown as siliniasi, in the territorial waters of the Philippines. Towards this end, the Secretary of <Agriculture and [Commerce] Natural Resources shall be authorized to provide by regulations such restrictions as may be deemed necessary to be imposed on the use of any fish net or fishing device, for the protection of fry or fish eggs ; Provided, however, That the Secretary of Agriculture and [Commerce] Natural Resources shall permit the taking of the young of certain species known as ipon, and other species under such restrictions as may be deemed necessary. (As amended by C. A. 4711.) SEC. 14. Water pollution.-It shall be unlawful to place, cause to be placed, discharge or deposit, or cause to be discharged or deposited, or to rass or place where it can pass into the waters of the Philippines any peAPRIL, 1949 troleum, acid, coal, or oil far, lampblack, aniline, asphalt, bitumen, or residuary product of petroleum or carbonaceous materials or substance, molasses, mining, mill tailings, or any refuse, liquid or solid, from any refinery, gas house, tannery, distill'ery, chemical works, sugar central, mill or factor,v of any kind, or any sawdust, shavings, slabs, edgings, or any factory refuse or any substance or material deleterious to fish or aquatic life. (As amended by C. A. 471-1.) SEC. 15. Importation and exportation of fish, mollusks, crustaceans, etc. -The importation into and exportation from the Philippines of any fish, mollusks, crustaceans, or amphibian or other aquatic animal, adult, young, or fry or fish eggs for propagation or other purposes shall be effected only through a special permit from the Secretary of. Agriculture and [Commerce] Natural Resources. An application for a permit shall be presented at least twenty days prior to the probable date of arrival or five days before exportation of such fish, mollusk, crustacean, or amphibian or other aquatic animals; for such permit a fee of not more than four pesos shall be paid. Fail'ure to file the ·application within the time prescribed shall subject the importer to the payment of twice the ordinary fee and/or administrative fines as provided in section eighty hereof, without prejudice to criminal proceedings against importer or exporter under the penal provisions of this Act. For the inspection and prophylactic treatment of this importation a fee equivalent to two per centum of the declared value of the same shall be charged but such fee shall in no case be less than fifty centavos. (As amended by C.A. 471-1.) (To be continued) --«O>-The best government is nat that which renders men the h<J{P']iiest, but that which renders the greatest number hap~ py. -Duclos Page 217 "FLYING SESSlON.S" Republic of the Philippines DEPARTMENT OF JUSTICE Manila 5th Indorsement December 13, 1946 Respectfully returned to the Honorable, the Secretary of the Interior, Mal1ila. Opinion is requested on whether the request made in Resolution No. 106 of the munidipal Council of Argao, Cebu, for authority to hold council meetings or "flying sessions" in different barrios within the_ jurisdiction of the mu.nicipality comes within the purview of Section 2220 of thl! Revised Admi· nistrative Code, which provides, among other things, that "the municipal coun- cil shall prescribe the time and place of holding its meeting." In thus requiring· the council to pre· scribe the time and "place" of holding its meetings, the manifest intention of the legislature is to limit the designation to only one place, -the purpose be. ing to appraise the people of the place fixed for the meetings, so that they may attend the same whenever they should so desire. "All acts done at an· other than the usual place ·bear the stamp of contrivancy, secrecy and fraud and the court will suspect an improper motive." (Glover, Mun. Corp., 152.) Where such place has been fixed, a municipal council may not legally meet at other places, except in ·cases of necessity or emergency. (2 McQuillin, Municipal C o r p o r a t i o n s , 532-533.) The intention to limit the holding of council meetings to a determinate place is further deducible ~rom the provision requiring the municipal secretary, as clerk of the municipal council, to "keep his office in the build·ing where the municipal council meets, · or at same place convenient thereto, as the co)lncil shall direct" (Sec. 2212 [ c], l<•ev. Adm. .Code) . The "flying sessions," if authorized, would make it difficult for the people in general to know at what particular place the council would meet on a given Page 218 date, with the result that those who may be desirous to attend the meeting would, in effect, be deprived of the opportunity· to do so. With reference to the purpose stated in the resolution, i.e., "to bring the government closer to the people", it may he noted that'the same is amply taken ca.re of by the provision of. Section , 2219-1/2 of the Revised Administrative Code, which provides that each barrio, or rural subdivision with a barrio lieutenant, shall have a Rural Council, whicll is empowered, among other things, to submit to the municipal council such suggestions or recommendations as it may see fit for imprmrements in 1-heir place or for the welfare of the inhabitants thereof. Wherefore, the query above propounded is answered in the negative. (SGD.) ROMAN OZAETA Secretary of Justice --«O»-PRONUNCIAMENTOS SERGIO OSMEN'A-Ours is a go11ernment by law; the splendour of its majesty must never be dimmed in our land. • * ~· EMILIO JACINTO-I beiieve, and do firmly believe, that .the prosperity of a people depend,s upon t'IJ,e people itself. A people, that knows and esteems reason and observes as its rule of con,. duct, goodness and dignity in all its acts, will not place itself a.t the mercy of any tyrant, or submit to force or fraud, or become a tool of the hau.ghty and abominable prevaricator who. rules from the heights of power. * * .. TRINIDA'.D H. PARDO DE TAVE· RA-Through education, we may be sure of awakening the spirit of work, of tolerance, of .peace, of economy, and of respect for the law,-of everything which makes life possible in liberal and democratic institutions, which are not inlimical to but in consonanice with, the ideals of liberty and democracy. THE LOCAL GOVERNMENT REVIEW "OUR LOCAL OFFICIALS" · Frontispiece Picture : HON. MANUEL CUENCO Provincial Governor of Cebu and Chairman, Conference of Provincial Governors and Qi,ty Mayors. Personal Circums.tances :,-Born in Cebu City, November 10, 1907 and married to nee Milagros Veloso. Schools attended anct honors :-Always at top of class from elementary .grades to high school; magna cum laude in A, A. (Pre-Medic) ; Meritissimu8 in Doctor 9f Medicine, U.S.T., 1931; post-graduate work in general medidne and surgery, University of Vienna, Austria; and practiced clinical surgery in Berlin, Germany. El:xperiences and Positions held :-Plant Physician of Cebu 'Portland Cement Co. for three years ; practiced profession at St. Joseph Hospital; Manager, Bisaya Land Transportation Co. (1935) and ·President and Manager of Monte de Piedad de Ce_ bu (1941); appointed provincial governor of. Cebu in 1946 at the age of 41 ; elected to same position in 1947 by unprecedented majority Of 30,000 votes; and chosen unanimously early in 1948 as Chairman of the Conference of Provincial Governors and City Mayors. Achievements :-Rebuilt roads of provinces; established eleven high schools in strategic municipalities; initiated opening of Sudlon Agricultural High School, a Soil Conservation Service, the Roxas Memorial School of :Fishery, and a provincial nautical school. 1 Plans reopening of Madridejos Cannery a'nd faunding of a Cebuano colcmy in Negros Oriental. '.Instrumental in installing modern sanitary facilities and starting new deal for prisoners and delinquents by having them taught handicrafts. Ran provincial government economically and had unexpended balance of P200,000 at end of. 1948 fiscal year. APRIL, 1949 . . ··--··......___._ BALBINO KAiBIGTING Y YUSON Provincial Treasurer of Lagwna · Birth, parentage and · family.-BQrn in Arayat, Pampsnga on· March 31, 1878; grew up in San Isidro, Nueva Ecija; son of Nicolas . Kabigting and Froylana Yuson; married 9n December 2, 1902 and became a widower on No•·· l, 1947; had nine children-seven died in infancy and two, daughters, survived and already married. · . Education.-Elementary education in A rayat, Pa,mpanga and San Isidro, Nueva Ecija; secondary education in private colleges in Cabanatuan and Ml!-nila; obtained no college degree due to the revolution from 1896 tQ 1898. Eligibii'ities.-Second grade, 1903; Assistant P.rovincial Treasurer, 1911; and Certified Public Accountant, 1927. · Experiences and Activitves.-Clerk (S,Panish Gov't.), Court of First Iristailce, San Isidro, Nueva Ecija, 1894'~5; clerk (Spanish G<>v't), Justice of the Peace Court, · Arayat, Pampanga, 1895-'96; Clerk (Spanish Gov't), Cui!· tom· House, Manila, 1897~'98: principal (Continued on.page 226) Page Z19. APPROPRIATION FOR ADDITIONAL POLICEMEN "SIR :-.The following are the answers to the "special questions" brought up in the conference held in the City of Iloilo by the Secretary of the lnte· rior with the local officials of that province on December 6, 1948, with the request that said local officials be advised accordingly hereof: "Question No. 1. To employ more policemen, can a municipality set aside more than 65 % of its gross income fo!" ii.dministratjve expenses? "Section 2W9 of the Administrative Code limits the amount which may be expended from the municipal general fund of a municipality during any fisc!ll year for salaries and wages of municipal officials and employees, of ·every description, excluding those employed in public works, in the follow· ing percentages: 50 % for first class municipalities; 60 % for second class municipalities; 65 % for third class municipalities; and 75 % for fourth class municipalities. "From the foregoing and, as a direct answer to the question, any municipality from 3rd class down may spend 65% of its income from the geu· eraJ. fund for salaries and wages of its officials and employees, including po1icemen. Such municipalities may also set aside more than 65 % of their general funds in order to employ more po· !icemen, but the matter which is considered expenditure in excess of the Conservation . .. (Continued from page 206) shall be transferred or assigned ex· eept to individuals, corporations, or associations qualified to acquire or hold lands of the public domain in the Philippines. SEC. 6. The State may, in the interest of national welfare and defense, establish and operate industries and means of transportation and communication, and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government. Page 220 rate allowable for salaries and wage,;; should have the previous authorization of the Provincial Board and the specific approval of the Secretary of. the Interior pursuant to the provisions of Section 2299 of the Administrative Code. First and second class munici· palities may also spend 65% or more of their general funds in order to employ more policemen if the need therefor is absolute, subject also t@ it.he approval of the higher authorities as indicated herein. In such cases, the local officials concerned should submit to the authorities concerned sufficient j ustificatioii for the excess expenditure hnd shouLd also give evidence that, based on the trend of revenue collec· tion, the municipality concerned Will not likely incur overdraft at the close of accounts of the fiscal year involved even if the excess is authorized. "Question No. 2. If a town can not afford to pay salaries for emergency policemen, and there is need for same, what should itS officials do? "Under the provisions of our Unnumbered Provincial Circular, dalted March 31, 1947, regarding the abolition of civilian guards, etc., and ithe organization, in lieu thereof, of a tern· Santo Tomas, La Union THE LOCAL GOVERNMENT REVIEW porary police f-0rce, which may be exhmded to municipalitie,s in provinces other than those therein mentioned ('Province of lloilo not mentioned) if conditions so require for a more ef~ fective restoration of peace and main· t~nance of peace and order in the mu-' nicipalities concerned, positions of temporary policeman may be created with a nominal compensation of 'Pl per annum, if local funds are not available for the payment of adequate compensation. The municipal mayor may also authorize the head of the 1emporary uolice force so established, or a duly authorized representative of the police force to solicit from civic-spirited ci· tizens voluntary aid in the form of cash, rice, or other foodstuffs as compensation for their gratuitous services, but authority to do so should first be secured from this Department and the Office of the President of the Philippines. In certain meritorious cases, National aid may be granted :to municipalities which do not have enough funds for the salary of. additional positions of policeman, but because of the un" APRIL, 1949 certainty of such aids, it is always ad;. visable for such municipalities needing additional positions of policeman t-0 look for sources other .than National .aid. The province may also give aid to the municipalities for peace and order cam-.· paign including salaries of policemen. "Paragraph No. 5 of· Executive Or: der No. 175, series of 1938, provides that: 'In case of emergency, the governor may, in consultatiqn with the provincial inspect-Or, mobilize policemen from different municipalities to cope with the situation, and immediate· ly advise the President of the Philippines thereof, giving full details as t-0 the reasons for the mobilization, and municipalities affected, the number of policemen mobilized, and other pertinent information; but no chief of police or policeman shall be mobilized from his municipality to another for a period longer than fifteen. days Without. the express authority of the 1 President. All expenses in connection with such mobilization shall be paid . from provincial funds."-Letter of Sec. of the Int., dated Dec. 29, 1948, to the P'rov. Go'I!. of Jloil-0. Page 221 Instructions on the Enforcement of THE NEW MUNICIPAL AUTONOMY LAW (Commonwealth Act No. 472) --x-Commonwealth of .. the Philippines powers granted municipal councils and Department of Finance municipal district councils under secPROVINCIAL CIRCULAR ) tion 1 thereof. The said Commonwealth No. 12 ) 'Act having added a new limitation to June 30, 1939 those imposed under the old law:, these SUBJECT: Commonwealth Act No. limitations are now of three kinds~ 4~2 Revising the General Author- 1. The rates of municipal license ity of Municipal Councils and Mu- taxes which may be fixed or imposed by 'nicipal District Councils to Levy ordinance of the municipal council or and Collect Taxes, Charges, and municipal district council shall not exFees, Subject to Certain Limita; ceed the rates of tixed internal-revenue tions-Instructions on Enforce- privilege taxes regularly imposed by ment of-Necessary Ordinances- ·~he National Government upon the same I. General Scope of Authority businesses or occupations, except on Commonwealth Act No. 472, which hotels, restaurants, cafes, refreshment went into effect on June 16, 1939, has parlors, race tracks, and retail dealers revised the general authority conferred in vino, liquors and fermented liquors, Ly Act No. 3422, as amended, upon and any tax or fee on livery .stables, municipal councils and municipal dis- garages, and other plac.es or establish· trict councils to levy and collect taxes, ments where public vehicles and other charges, and fees. conveyances are kept for hire; Under section 1 of the said Common· 2. The rates of municipal license wealth Act, a municipal council or mu- taxes which the municipal council or nicipal district council is authorized municipal district council may impose 1. To impose municipal license taxes on businesses not covered in the preupon persons engaged in any occupa- ceding subparagraph, and subject to the tion or business or exercising privileges fixed annual tax imposed in section 182 in the municipality or municipal dis' of the National Internal Revenue Code, trict; shall not exceed P50 per annum; and 2. To collect fees and charges for 3. Any existing municipal license tax services rendered by the municipality on any business, occupation, or privilege or municipal district; and the rate of which is not limited above 3. To levy for public local purposes (1 and 2) may not be increased by the just and uniform taxes. municipal council or municipal district II. Prohibitions council by more than fifty per cent at In the exercise of the above power.s, a time. the municipal council or municipal dis- The above limitations may, however, trict council shall observe three dis- be exceeded with the approval of the tinct prohibitions. It cannot authorize Secretary of Finance in accordance the collection of with section 4 of Commonwealth Act 1. Percentage taxes; No. 472. · 2 . Taxes on specified articles ; nor 3 . Any of the taxes, charges, or fees, enumerated in section 3 of Common· wealth Act No. 472. III. Limitations Section 4 of Commonwealth Act No. 472 · further qualifies and limits the Page 222 IV. Fees and Charges Collectible The fees and charges referred to in paragraph 2 of heading No. I, above, are those collected for services render· ed by the municipality or municipal ·district not required by law to be ren· THE LOCAL GOVERNMENT REVIEW dered without charge or not otherwise limited by Jaw. V. Levy of Special Assessments In the exercise of the power mentioned in subparagraph 3 of Heading No. I, above, the municipal council may, according to an opinion of the Attorney-General, levy special assessments upon real estate. Inasmuch, however, as Commonwealth Act No. 470, known zs the Assessment .Law, expressly authorizes such levy by municipal councils and prescribes in detail the pro· cedure to be followed by municipal councils ·in the levying of such special assessments, municipal councils are hereby enjoined to levy such assessments, whenever desired, under the provisions of the latter law and .to follow the procedure therein prescribed. V·I. Changes in the Law The important changes in the law are as follows: 1. Increase of maximum rates which the municipal.council or mwnicipal district council may impoise without the <1pproval of the Secretary of Finance. -The maximum rates.of municipal Ii<'ense taxes that may be imposed by municipal councils and municipal dis· trict councils without the approval of the Secretary of Finance have been increased from 50 per cent to 100 per cent of the rates of fixed national internal revenue privilege taxes, in ,the. case of businesses and occupations sub· ject to such internal-revenue privilege taxes under sections 193 and 201 of the National Internal Revenue Code, Commonwealth Act No. 466 (formerly under section 1464 of the Administrative Code), and from '1'25 to P50 per annum, in the· case of businesses subject to the fixed annual tax imposed i'1 section 182 of the National Internal Revenue Code (formerly under section 1457 of the Administrative Code). 2. New limitation on power of cowndl' to increase any exis.ting municipal license tax.-Section 4 (3) of Commonwealth Act No. 472 prescribes the new requirement that, whenever the Tate of municipal license tax on any business, occupation or privilege not subject to the limitations mentioned in APRIL, 1949 I• the preceding subparagraph is hi.creased by more than 50 per cent, the approval of the Secretary of •Finance shall be secured. 3. Elimination from the field of national taxation of certain businesses.Certain businesses formerly taxed by both the National and the municipal governments have been eliminated from the field of national taxation aild placed under the exclusive jurisdiction of municipal authority. While retail dealers in tuba, basi, and tapuy; proprietors of cockpits; cockfights; proprietors of theaters, museums, cinematographs, and concert halls ; proprietors of circuses giving exhibitions in one or more places or provinces ; proprietors of billiard rooms; and pawnbrokers were taxed under section 1464 of the f.ormer Jnternal Revenue Law, the revenues derived therefrom accrued, in accordance with section 486 of the Ad;ministrative Code, exclusively to the municipal governments, in addition to the municipal license taxes levied thereon and directly collected by the municipalities and municipal districts. These businesses are now placed under the exclusive authority of the local governments for taxation purposes, but pending action by the municipal councils and municip11l district councils, section 2 of Com· monwealth Act No. 472 has fixed the mm1mu:m rates that shall be collected from the said businesses;. which were the rates formerly fixed by the National Government, except that of the annual tax on retail ·dealers in tuba, basi, and tapuy, which has been reduced from '1'10 to !P5. Said section 2 of Commonwealth Act No. 472 had the effect of rendering inoperative, from and after June 16, 1939, all ex· isting ordinances of municipalities and municipal dfatric'ts, in so far as said businesses are concerned, whether the rates therein fixed were lower or higher than those fixed in the law. As a result, municipalities would be losing in revenue if they do not (or have not done so since June 16, 1939) fixed a r:ite of municipal license .tax on each of the said businesses equivalent to at least the combined (former) national Page 223 rate and the existing municipal rate. Under section 2 of Act No. 2984, as amended by Act No. 3865, sparring or boxing exhibitions are taxed by the National Government at the rates therein fixed, in additio.n to such taxi as each municipality may fix by ordinance. In accordance with section 369 (b) of. the National Internal Revenue Code, the said section 2 of Act No. 2984, as . amended, shall be considered repealed after the ciNes and municipalities shall have lawfully taxed the said business at not less than the National rates fixed in section 2 of Act No. 2984, as amended. The trans'fer of this business from the field of national taxation to the exclusive jurisdiction of the local governments is therefore conditioned upon the latter's taxing the same at not less than the national rates. It will be noted that the imposition of the combined national and municipal rates of tax on the said business will not mean any additional burden on the part of the taxpayers concerned but would, on the ... -t<her hand, give an ad.ditional revenue to the local governments. Proprietors, lessees, or concessions-.ires of. cabarets had been taxed by the National Government at 1'50 per· annum since the enactment, on November 21, 1936, of Commonwealth Act No. 215 which added a new subsection to section 1464 of the Administrative Code. This business is no longer taxed by the National Government under the National Internal Revenue.Code. With the elimination from the field of national taxation of this business which has always been taxable by the municipalities and municipal districts, the imposition thereon of a rate of municipal tax equivalent to at least the combi'ned (former) national rate of 1'50 and the existing municipal rate will not mean any additional burden on the part of the taxpayers but would r::>.ther give an additional revenue to the municipalities and municipal districts so taxing it. 4. Busines{Jes and occupations newly made subject to local taxation.-Sugar centrals, rice mills,· coconut oil factoPage 224 ries, tanning industries, hemp-grading establishments, embalmers, piano tuners, and piano repairers who do not carry on their trade in their own shops or establishments, which were formerly exempt from municipal taxation under section 1 of Act 3422, as amended, have now been eliminated from the exempt class of businesses and occupations under section 3 of Commonwealth Act No. 472. These businesses and occupations may now therefore be lawfully fa,xed by the municipal councils or municipal district councils under the powers conferred upon them in section 1 of Commonwealth Act No. 472. In order to maintain at least the combined rates of national and municipal levy on the businesses mentioned in &ubparagraph 3, above, namely, businesses eliminated from the domain of national taxation, each municipal council and municipal district council (unless, in the case of the bui·snesses mentioned in Nos. 1 to 6, below, it has already done so after June 16, 1939) should approve appropriate ordinances imposing municipal license taxes eriuivalent to at least the combined national and muncipal rates upon: 1 . Retail dealers in tuba, basi and tapuy ........................ P 10.00+ 2. Proprietors of cockpits .... 200.00+ [Each cockfight (so'ltada) .25]: 3. Proprietors of (a) Theaters .............. , ..... 100.00+ [By the month .. ,..... · 10.00] (b) Museums .................... 100.00+ [By the month ........ 10.00J (c) Cinematographs ........ 100.00+ [By the month ........ 10.00] (d) Concert halls ............ 100.00+ [By the month ........ 10.00] 4. Proprietors of circuses giving exhibitions in one or more places or provinces ... : ................................ 200.00+ (IBy the month ---~---- 20.~0J 5. 'Proprietors of billiard rooms For each table ........ 10.00+ 6. Pawnbrokers .................... 400.oo+ 7. Sparring or boxing exhibitions: (Continued on page 226} THE LOCAL GOVERNMENT REVIEW Scope Of Regulatory Power Of Municipal Councils Eusebio Pelino, plaintiff-appellee, vs. Jo·se Jchon, et al., defendants. Jose lchon, defend· ant-appellant, G. R. No. 46455, Oct. 31, 1939, AVANCENA C. J. MUNICIPAL CORPORATIONS: ESTABLISHMENT OF COCKPITS; SCOPE OF REGULATORY POWER.-A municipal council is empowered to pass an ordinance allowing the establishment of such number of cockpits as may be applied for. The la'Y grants the municipal council discretion to either regulate or prohibit the es· tablishment of ~ockpits. (Sec. 2234, Adm. ·Code). If the council does not absolutely prohibit its establishment, which it may do, it is understood that the . establishment thereof is allowed, in which case it may be regulated. This regulatory power includes the power to fix its number, since the law does not determine the number of cockpits that may be established or limit it to one. DECISION El demandante tiene establecida una gallera en el Municipio · de Tanauan, Leyte, con licencia expedida con arre· glo a la ordenanza municipal No. 20 de 1935 que permite el establecimiento ue una sola gallera en el' municipio. · El 15 de marzo de 1938 el concejo municipal de Tanauan aprob6 otra ordenanza No. 8 permitiendo el establecimiento de tantas galleras como se soliciten. El Presidente Municipal in· terpuso su veto contra esta oroenanza. Pero el concejo munic.ipal, .que se compone de seis concejales, manltuvo esta Ordenanza No. 8 sobre el veto del Presidente mediante el voto de dos terce· ras partes de sus miembros. El demandado, a su vez, obtuvo licencia con arreglo a esta Ordenanza No. S para establecer otra gallera en el mismo municipio. El 8 de junio de 1938 el demandante Eusebio Pelino esta acci6n contra Jose Ichon y el concej'o municipal de Tanauan pidiendo que la Ordenanza Muni· cipal No. 8 sea declarada nula y el demandado lchon sea condenado a pagar!e, en concepto de daiios y perjui· cios, la can.tidad de 1'2,000.00. El Juzgado, a petici6n de! demandanAPRIL, 1949 te, expidi6 en 9 de abril de! mismo aiio un interdicto prohibi torio pr.;!iminar contra los demandados, interdi.cto que fue anulado en el mismo dia mediante fianza prestada por el demandado Ichon. . El Juzgado declar6 ilegal y nula la ordenanza No. 8, restableci6 el interdicto prohibi torio ·dicta do contra los clemandados y conden6 al demandado lchon a pagar al demandante la canti· dad de 1'2,000.00 como daiios y perjuicios. Contra esta decisi6n apel6 el demandado. El unico fundamento expresado en la decisi6n apelada para anular la ordenanza No. 8 es el que la misma esta en pugna con el espiritu de! Articulo 2338 de! Codigo Administrativo Revisado y es una extra-limitaci6n de las facultades concedidas al Concejo Mu· nicipal por el Articulo 2243 de! mismo C6digo. La parte de la ordenanza No. 8 por la cual la declara nula e ilegal el J uzgado es la que se refiere a la permisi6n de tanbs galleras en el municipio cuantas soliciten. Pero, el Concejo Municipal al dictar esta ordenanza obr6 dentro de sus facultades. La ley le concede discrecion para reglamentl:ar · 6 prohibir las galleras (Articulo 2234 de! C6digo Administrativo Revisado.) .Aunque, se· gun esto. el concejo municipal puede prohibir las galleras en absoluto, cuando no lo hace, se entiende que estan permitidas y en este supuesto puede reglamentarlas. Esta facultad de regla· mentar incluye la de fijar sU mimero, ya que la ley no lo fija ni lo limita a una. El Juzgado conden6 al demandado a r•agar al demandante PZ,000.00 en concepto de daiios y perjuicios por considerar que el demandante sufrio estos perjuicios con motivo de! establecimien· to de la gallera de! demandado. Claramente se ve que en los hechos expuestos no existe ningun motivo de acci6n contra el demandado. El estable· ci6 su gallera en virtud de una licencia expedida con arreglo con la ,ordenanza No. 8, en cuya aprobaci6n no in.tervino Pa~ ·225 Instructions ... (a) In the capitals of, Cebu, lloilo, Zamboan. ga, and Davao ........ 400.00+ (b) In first and second class munieipalities 280.00+ (c) In third, fourth and · fifth class municipa· lities ............................ 200.00+ 8. Proprietors, lessees, or concessionaires of cabarets 50.00+ For example, if in municipality "X" the existing annual rate of municipal license tax on retail dealers in tuba, basi, and tapuy- is PS, then the annual rate of municipal license tax to be fixed now for such business should be PlO plus P8 or P18 x x x To repeat, the imposition' of the combined national and municipal rates on the above business will not mean any · additional burden on the part of the taxpayers concerned since, as already stated, the national taxes thereon have been or are being abolished. Provincial boards, provincial treasurers, and mu· nicipal and municipal district treasurers should therefore urge municipal councils and municipal district councils to act immediately in accordance with the above instructions. Should the combined rate x x x exceed by more than 50% the municipal license tax in force in the municipality or municipal district, such increase is hereby approv_ ed under the provisions of Section 4(3) of Commonwealth Act No. 472., (To be continued) Sciope .•• en manera alguna. Se revoca la sentencia apelada, se declara va!.ida la ordenanza .No. 8 del Municipio de Tanauan, Leyte, y se absuelve al demandado de la condena de tlaiios y perjuicios, sin especial pronun· ciamiento en cuanito a las costas. Asi se ordena. RAMON AVANCE&A CONFORMES: Antonio Villa-Real, Carlos A. Imperial, Anacleto Diaz, Jose P. Laurel, Pedr-o Concepcion, Manuel V. MOTan. Page 228 OUR LOCAL ... clerk (Spanish Army), Quartermaster, Cabanatuan, Nueva Ecija and San Fer· nando, Pampanga, 1898 ; special deputy, ·Provincial Treasury, San Isidro, Nueva Ecija, 1901; traveling ~eputy, Provincial Treasury, San Isidro, Nueva Ecija, 1902·'04; Municipal Treaisurer and Deputy Provincial Treasurer, San Isidro, Nueva Ecija, 1904-'06; Deputy Treasurer, Provincial Treasury, San Isidro, Nueva Ecija, 1908-'09; senior clerk, District Auditor, San Isidro, Nueva Ecija, 1909-'10; chief clerk and deputy, Provincial Treasury, Bulacan, 1910·'12; Actg. Provincial Treasurer, !Bulacan, 1912-'13; chief clerk and deputy treasurer, •Provincial Treasury, Bulacan, 1913·'14; Actg. Provincial Treasurer, Bataan, 1914-'16; Provincial Treasurer and Agent, P. N. B., Surigao, 1916·'17; Provincial: Treasurer, Bohol, 1917-'20; Provincial Treasurer, Rizal, 1920-'21; 'Provincial Treasurer of Laguna and President, Provincial Treasurers' Association, 1921 ·'33; Provincial Assessor, Laguna, 1925-'33; Agent, P. N. B., Laguna, 1921-'33; Provincial Treasurer, !Provincial As· sessor, and Agent, P. N .!Bi., Rizal, 1983-'39; Provincial Treasurer, Provincial Assessor and Agent, P. N. B .. Batangas, 1939·' 44; !Provincial Treasurer, Rizal, 1944; and Provincial Treasurer, Provincial Assessor and Agent, P. ~. B., Laguna, 1945..:__, Designations . ....:.... Member, Financial Survey Committee of the Department of the Interior and Labor, 1933; Meril~ ber, Committee on Local Finance, in cooperation with the Constitutional Convention, 1934; Supervising Treasurer for the Third District (Rizal, Ma· rinduque, Mindoro, Cavite, Bataan, Palawan and Manila), 1935; Member, Committee on .coordination of Collection Activities (Dept. of Finance) , 1937 ; one of .the judges of the Sweepstakes draw of 1937 and detailed in 1939 by the President of the Phil· ippines to assist in the assessment work in the newly created Quezon City. THE LOCAL GOVERNMENT REVIEW Our Local. .. LADISLAO PALMA Provincial Auditor of Cebu !Born in Camiling, Tarlac, on June 27, 1895; graduated from the interme-' dia.te -school of same town in March, 1911) ·: appointed municipal teacher of said town at P15 a month;. studied stenography, typewriting and bookkeep· ing; employed as clerk in the unclassified municipal treasury service in Citmiling, Tarlac, and provincial treasury of Bohol and Cebu, 1912·13; enteren the classified civil service on: May l , 1913 in ;Butuan, Ag.usan; ,clerk; Auditor's Office, BukidnqlJ,, 1~X6; served in District Auditors1 10ffices .. in several provinces in L¥z9fl an!J .f1;J, ~Mindanao, transferring from the Mit; •Province to the Central 6ffiee, Mantia, in 1920. In Manila, he was assigned in the Department of Corporations, Inspection and Examination as fielcl examiner at P1800 per an~um; made in 1923 as ,APRIL, · 1949 chief of section in·. the Department of Insular Audits at P2400; transferred to the Bureau of Lands in.1924 as Chief Accountant at P3,200; returned to the Bureau of. Audits in 1929 and star.ted his career as Provincial Auditor in one dozen provinces of Luzon, and the Vi· sayas from 4th, thru 3rd and 2nd, to. 1st-class provinces, with Cebu, his present station, as his 13th as!dgnmeI).t from 1947, by transfer · from Negros Occidental. Auditor 'Palma is also an attorney·at-law and a certified public accountant. (Continued on page 236) It is just a8 halrd , to do your duty when men are steering at you as when they. are shooting at you . i t ~ ....:Woodrow Wilson United Wine Merchants Manufacturers o/> high class wine -·J.\ l 88"'-'89'! Tmba;o, Manila · .••.•.•............• ~-~:.;::.~ OPltlt.£ OF TK!. PRUtiDE.N'T OP 1'HI. PHILIPPUtB.• MA\.ACAMAM PHILIPPINES HERALDRY COMMITTEI! MUNICIPAL SEAL, POLICE BADGES ~ INSIGNIAS --.., I. I I I © POLICE POLICE BA OGE ACTUAL 912& APPROVED av AUTMORITV OP TM& PRUIO&llT M<1yor or Ji-e;s,,,..,,. MUNICIP4~'&L&\ .. • .6.CTU,A~ llZa.. • Approved Provi11tiil ju/ ~".,fl . ~ag<! ~28 THE LOCAL GOVERNMENT REVIEW THE MUNICIPAL POLICE LAW · ANNOTATED by JUAN F. RIVERA Chief, Provincial Division, Department of the Interior, and Member, Malacanan Special Legislative Assistance Committee. ARRESTS AND SEIZURES (Continued from last issue) Same-Arrest wpon information by telegraph.-Definite information by telegraph from a known peace officer will justify an arrest, but the statement of facts on which an arrest is requested £hould be clear and specific. The telegram should state that a warrant has been obtained, the amount of bail required for the provisional liberty of the accused and the official authorized to accept the bond.1 Telegrams to another province requestinJ the arrest of anyone on a warrant issued by a justice of the peace must state that the warrant is indorsed by the judge of the Court of First Instance or, in his absence, by the Provincial Fiscal. In 8Uch cases, the warrant must be imme· <lately forwarded by mail.2 The telegrams must give a description of the person' desired to be arrested and, when possible, names and addresses of friends or relatives.a Arrest upon order of a judge.-When .2.n offense is committed in the presence of a judge, he may, by an oral or written order, command any person immediately to arrest the offender, and may thereupon proceed as though the of· fender had been brought before him on a warrant of arrest.' In making arrest by judicial orders :0f arrest, the duty of the municipal po' lice is limited to bringing ·before the ·court the person ordered arrested, and the return to the court of the order with note of action taken.6 A warrant for the arrest of the defendant in a criminal case may be issued by the Justice of the Peace or the auxiliary .Justice of the Pease of the municipality where the offense was committed ;6 or in case of their absence, inability or disqualification, by the municipal mayor ;7 or by the Justice of the Peace APRIL, ll)49 .. of the provincial capital or municipality where the provincial jail is. located, when directed by an order of the Judge of the Court of First Instance ;8 or by the Judge of the Court of First Instance himself ;9 without prejudice to the right of the Judge of the Court of .First In· jtance to authorize the Justice of th~ Peace of' the municipality nearest to that of the commission of the offense to exercise the said functions.is Upon issuing the order of arrest, the magistrate shall ascertain the residence of the defendant, and if the latter lives beyond the territorial jurisdicition of the said magistrate, he should fix the bond and authorize the Justice of the Peace or Judge of the Court of First Instance of the municipality or province where the defendant may be found to admit him to baiJ.11 An order of arrest, issued in the manner and form just indicated, may be served anywhere within the Philippine' ·Islands but in order that an ·order of arrest issued by a Justice of the Peace may be served outside his province, it is necessary that the Judge of the Court of First Instance, or in his absence, the provincia~ fiscal, shall certify that in his opinion the interests of justice require such service.12 Arrest without warrant-When lawful.-A peace officer or a private per· son may without a warrant, arrest a i;;erson: (a) when the person to be arrested has committed, is actually com-· mitting, or is about to commit an of· fense in his presence; (b) when an offense has in fact been committed, and he has reasonable ground to believe that the person to be arrested has committed it; and (c) when the person to be arrested is a prisoner who has es· caped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while Page 229 being transferred from one confine· ment to another.13 Members of the police force are empowered to make arrests, without warrant, for breaches of the peace committed in their presence, or, upon rea· sonable suspicion, for other violations of the law of a more serious nature; but they must act in good faith and have reasonable greunds for suspicion of the guilt of the persons arrested.14 Probable cause for an arrest without warrant is such a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves as to warrant a reasonable man in believing the accused to be guilty. Besides reasonable ground of suspicion, action in good faith is another protective bulwark for the officer. Under such conditions, even if the suspected person is later found to be innocent, the peace officer is not liable. So a policeman, acting under the order of his chief who de· sires to put a stop to pilfering in a certain locality, who patrolled his district and., at about midnight seeing two persons in front of an uninhabited }Jouse and then entering an uninhabited camarin, arrested them without warrant, even though no crime had been committed, is not guilty of coercion or arbitrary detention.15 The cases hold that a peace officer might arrest and detain in prison for examination persons walking in the street at night whom there is reasonable ground to suspect of felony, although there is no proof of a felony having been committed; but the arrest would be illegal if the person so arrested was innocent and there were no reasonable grounds of suspicion to mislead the officer. The reason of the rule is apparent. Good people do not ordinarily lurk about i;treets and uninhabited premises at midnight. Citizens must be protected from annoyance and crime. Preven· tion of crime is just as commendatory as the capture of criminals. Surely the officer must not be forced to await the commission of robbery or other felony. The rule is supported by the necessities of life.1s Municipal police officers have subPage 230 stantially the same poweri; as the police officers of the City of Manila "in making arrests without warrant" and they may pursue and arrest without war· rant any person found in suspicious places - or under suspicious circum· stances, reasonably tending to show that such person has committed or is about to commit any crime or breac'h of the peace, may arrest or cause to be arrested without warrant, any offender when the offense is committed in the pre· sence of a peace officer or within his view."17 An offense is committed in the presence or within the view of an officer, within the meaning of. the rule ~uthorizing an arrest without a warrant, when the officer sees the offense, although at a distance, or hears the disturbance created thereby and proceeds at once to the scene thereof; or ihe offense is .continuing, or has not been consummated, at the time the ar:rest is made. 1s It would be exacting too much of police officers to require them to inform themselves as to the right or wrong of a quarrel before making an arrest. Their first duty is to restore order, and in doing so they may, in rtheir honest judgment, act on such facts as .are patent to their eyes, indicati-ng the guilty person, and in so doing, for the purpose of suppressing present disor· tler, they may arrest without a warrant.19 For misdemeanol'.s amounting to a breach of the peace, committed in the presence or within the view of a peace officer, the culprit may be arrested although without any order of arrest.20 When one is legally arrested r······························;. I t l Compliments of · Quijano Pharmacy f Oroquieta, Misamis Occidental_ l ................................. TH1!) LOCAL GOVERNM~NT REVIEW for an offense, whatever is found in his possession or in his control may be seized and used in evidence against him; and an officer has the right to make an arrest without a warrant of a person believed by the ofifcer upon :reasonable grounds to have committed a felony.21 Peace officers having prisoners in <'harge must take ev:ery reasonable pre· caution to prevent an attempt to escape. A peace officer who kills a fleeing prisoner wouiii be held liable unless it is· clear that all proper precautions had been taken to prevent any attempt to escape. He may fire upon an escap· ing prisoner who is guilty of a grave crime, and he is not criminally liable for homicide in the event he should kill ~ucb prisoner.22 Same-When unlawful.-Good faith · and reasonable ground do not excuse an officer making an arrest which was illegal for the reason that he had exceeded his power.23 If the arrest was made for the reason that, as the officer put it, "I wanted to see. if he had committed a crime'', the same is not a legal cause for making an arrest.24 A police· !llan who, without a warrant, arrests for a misdemeanor a person who has not committed any misdemeanor commits the crime of coaccion ;20 Also a policeman had no right to arrest the victim even assuming · tliiit the latter had really wounded another during the fight, since the said policeman was absent all during and immediately after the fight.26 He cannot, without a warrant, in reliance on extrinsic testimony arrest for violation of a municipal ordinance a person whom he has not seen committing the offense nor can he make the· arrest on that charge after the vio· lation has ceased.27 Any irregularity committed in effecting the arrest may be waived by the defendant, by giving bail, entering a plea of not guilty, and proceeding to. the trial of the case.2s Time of malcing arrest.-An arrest may be made on any day and at any day or night.29 Arrests without warrant shall be made only where the eleAPRIL, 1949 ment of thne is of such importance that the loss of time necessary to procure a warrant would be likely to cause the escape of a dangerous criminal, or cause damage or injury to life or property.30 Whenever a member of the police force makes an arrest without war· rant, he must deliver the person arrested to the proper judicial authority as soon as practicable within the period of six hours from the time of arrest.31 Obviously there are cases where police officers can not deliver persons under arrest to proper judicial authoritv within the period of six hours.a2 The provisions of article 125, Revised Pe· nal Code, as amended by Act No. 3940, should not, therefore, be interpreted literally. In People v. Acasio, et al.,33 where .the Chief of Police of Tudela, Misamis Occidental, accused of Arbitrary Detention for having. arrested two persons at about 8 o'clock at night and detained until the following morning, the Supreme Court held "that· the detention was in fact for a Ionrrer period than s.ix hours and, if the arti· · cle referred to should be literally applied the appellant was undoubtedly rightly convicted. But it will be noted that the arrest was effected about or shortly after eight o'clock at night, and the individuals arrested were released at about six the next morning. During this interval no judicial officer .was accessible to whom the arrested persop.s could be delivered, and it was not in· cumbent on the appellant to disturb any person for ·the purpose of making deiivery. If the arrested persons had been held until official hour and <letained unduly_ after that time, couvic· tion would have been proper. The judgment appealed from must be reversed and the appellant will be absolved from the complaint." Method of arrest-By virtue of Warrant.-When making an arrest by vir· tue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly Page 231 resist before the officer has opportunity so to inform him, or when the giving of such information will imperil ihe arrest. The officer need not have the warrant in his possession at the time of the arrest but after the arrest, Jf the person arrested so requires, the warrant shall be shown to him as soon as practicable. 34 Same :....... Without warrant.- When making an arrest without a warrant, ihe officer shall inform the person to be arrested of his authority and the cause of. the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after .its commission or after an escape, or flees or forcibly resists before th"e officer has opportunity so to inform him, or when the giving of such information will im.. peril the arrest. 35 If a person lawfully arrested escapes or is rescued, the person from whO'Se custody he escaped or was rescued may immediately pursue and retake him without a warrant at ap.y time and in ·2ny place within the Philippines. To retake the person escaping or rescued, the person from whose custody he es. caped who is lawfully pursuing may use the same means as are authorized for an arrest. Any person making arrest for legal ground shall, without unnecessary delay and within the time prescribed in the Revised Penal Code, take the person arrested to the proper court or judge for such action as they may deem proper to take.as Same-Rights of arresting officer. -A peace officer armed with lawful ........................................ ~ 4 Co-mpliments of = j Hon. Marcos M. Calo · i Congressman from Agusan Province ~ •••••••••••••••••••••• ; ••••••• J Page 232 warrant, or when making a lawfull arrest without a warrant, has a right, and it is his duty to use every necessary means to effect the arrest.37 If resistance is offered to an arrest, a peace officer may use such force as is uecessary to overcome the resistance. However, violence which will probably result in the death of a person to be arrested may only be used when the peace officer is in extreme danger, and when such force is necessary for his selfprotection.38 If the person accused of a grave crime refuses to be arrested and continues his flight, the peace officer has the right to kill the escaping aceused if he cannot otherwise take him. This right does not exist in cases of minor offenses. A peace officer is ne,·er justified in killing in order to Hfect an arrest for a minor offense, even though there be no other way to prevent his escape. Such means to prevent the escape should only be resorted to when the crime is of a grave character, and the guilt of the person fleeing is evident and clear. But no matter what offense a prisoner may have committed, a peace officer is not justified in killing him, if there is any other way of preventing his escape.39 In determirung the probability of an attempt to avoid arrest or to escape due consideration should be given to the gravity Of the offense charged and the character, reputation, and station in life of the accused.40 · An officer, in order to make an arrest by virtue of a warrant, or when authorized to make such an arrest for an offense without a warrant, may break open a door or window of any building in which the person to be arrested is. or is reasonably believed to be, if he is refused admittance thereto, after he has announced his authority and purpose: Such officer may brelllk open a door or window of the building, if detained therein, when necessary for the purpose of liberating himself .. He may break open a door qr window of any building when necessary for the purpose of liberating a person who entered the building to make an arrest and is detained therein.41 THE LOCAL -OOVERNMENT REVIEW Any officer making a. lawful arrest ::nay orally summon as many persons' as he deems necessary to aid him in making the arrest. Every person so summoned by an officer shall aid him in the making of such arrest, when he can render such aid without detriment to himself.42 A private person wh()n making an arrest shall inform the per· son to be arrested of the intention to arrest him and the cause of the arrest, unless the person .to be arrested is then engaged in the commission of. an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the ·person making the arrest has opportunity so to inform him, or when the giving of such information will · imperil the arrest.43 · 1. Par. 134, State Police Regulations. 2. Par. 135, id. 3. Par. 136, id. 4. Sec. 5, Rule l09, Rules of Court. 5. Par. 131, State Police Regulations. 6. Act No. 194-1. 7. Act 194-3; Act 2711-2197. 8. Ad 1627-37. 9. Act 1627-37. 10. Act 2711-211; Magbanua v. Tordesillas, 39 Phil. 187, 11. Act 3042-1. 12. Act 1627-30; Torrente v. Grove et al., 5 Phil. 451. 13. Sec. 6, Rule 109, Rules of Court. 14. Par. 10~, State Police Regulations; Par. 100, Manual for the Municipal Police. 15. U. S. v. Santos, 36 Phil. 853. 16. Id., citing Miles v. Weston, 60 Ill., 361. 17. U. S. v. Batallones, et al., 23 Phil. 4 7. 18. U. S. v.Samonte, 16 Phil. 517. 19. U. S. v. Burguete et al., 10 Phil. 189. 20. U. S. v. Vallejo, 11 Phil. 193; U. S. v. Santos, supra. 21. Alvero v. Dizon et al., G. R. No. L-342, May 4, 1946. 22. Pars. 118 & 119, State Police Regulations. 23. U. S. v. Alexander, 8 Phil. 29. 24, U. S. v. Hochaw, 21 Phil. 514. 25. U. S. v. Alexander, supra, following U. S. v. Ventura, 6 Phil. 385. 26. People v. Dauz, C.A. G.R. No. 3062, Feb. 28, 1940. 27. U. S. v. Alexand'l.r, supra. 28. U. S. v. Grant, et al., 18 Phil., 122. 29. Sec. 7, Ruic 109, Rules of Court. 30. Par. 103, State Police Regulations; par. 101, Manual for the Municipal Police. 31. Art. 125, R.P.C., as amended by Act 3940; par. 104, State Police Regulations. 32. Par. 105, State Police Regulations. ,. + + + •• + + • • • • • + + + • • • • • • • • + • + + • • • 33. G. R. No, 40472. • 34. Sec. 8, Rule 109, Rules of Court. t 35. Sec. 9, Rule 109, Rt<les of Court. ~ 36. Secs. 15-17, id. • 37 .. Par. 113, State Police Regulations. t~ 38. Par. 114, id. • 39. Pars. 115-1.16, id. 40. Par. 117, .id. : 41. Secs. 12 to 14, Rule 109 Rules of Court. : 42. Sec. 11, id. • Modern Bazar B!ENITO TAN, Manager Dealers in Textiles & General Merchandise 43. Sec. 10, id. • : Boac, Marinduque (To be continued) t~~···················~ APRIL, 1949 Page 233 CAUSES OF RED. TAPE* Red tape is delay, numerous regulations, inflexibility, unresponsiveness to customer desires. A certain amount of it is inherent and ineradicable in any large-scale enterprise, public or private. The reasons for government red tape are definite and apparent. In the first place, it must act through law and adhere to statutory provision. Pri· vate business can usually make exceptions, but public employees must abide by the law or be punished. The second reason is that government is ex· pected to treat all persons equally, none with special favor. Here, again, busiiless enterprises are not so circumscribed in what they can · do; but if government began playing favorites, there would be no end of it, and pc· pular indignation would become greater than it does with the grossest cases of red tape. Public employees often find that it is more important to be consistently correct than to be constantly trying to please the customer. It should be possible to do both, of course, but the customer-is-always-right attitude is sure to result in petty inconsistencies and breaches of regulations. Government could stand such exceptions more than it does. When the executive is progressive and fearless, customer respon· siveness and consistency are combined. The nervous-old-woman type at the head of public departments is what hurts government's reputation. In the third place, red tape is an in· evitable by-product of faulty organization. Delay is usually caused by the employee's need to get authority or con· firmation for a certain act. When authority is direct and immediate, goYernment can be as pr-0mpt as any other organization of equal size. The object should be to simplify lines of responsibility, to delegate authority farther down the line. Difficulty arises when a staff service, such as finance, comes to have operating responsibilities. Then, instead of serving the responsible .Page. _234 executive, it ties him up in Lilliputian threads. Another case in which red tape is a reflection of bad organization is found when many duties or services are thrown into the same department, causing both the public and the offi· · cials to become confused. Contrast this with an organization which fur:iishes only one service, such as telephone communication. The objective is clear-the best teleph-0ne service at the cheapest· price. Everything in the or· ganization can be planned to that end, and all service is judged by that standard; but when the services are many, the adequacy with which any one is handled suffers correspondingly. The police functions of government give it a reputation for red tape. Re:-:triction is universally disliked.· "Offi· ciousness" is a symbol of governmental administration. As service functions increase, there is less of this. Salesmanship becomes the motif. More· over, it is pos8ible to train control officials in manners and more acceptable attitudes. The greatest change in police administration during the last gen· oration is the training of patrolmen to consider what the public thinks and feels. The idea of policemen being given lessons in politeness may seem funny, but this is actually what happens in the larger' departments. The eradication of. government red tape is not hopeless. In a government of laws, there is always bound to be some of it; but if administrative faults were corrected and if public employees were convinced of~the desirability of a sales attitude, the amount of it would be no greater than in other organizations of like" size. But is there an un· bridgeable gap between what might be done and what will be accomplished? * By Marshall E. Dimock, Associate Pro- . fe,,sor of Publie Administi-ation in the Uni.. versify of Chicago, in his Modeni Polities and Administration, pp. 252-254. i'HE LOCAL 'GOVERNMENT REVIEW SANITARY MEAS.URES DURING FIESTAS (Sec. 164, C.1 P.C.) The following extract from a communication dat~d September 16, 1915, of the Director of Health is published for the information and guidance of all concerned : "In connection with the work for the control and eradication of dangerous communicable diseases, one of the means by which the efforts of the health officials are rendered ineffective in some measure, is the annually recurring 'fiesta.' "A 'fiesta' ineans a concentration from all portion of nearby territory of an e:xitraordinary amount of foodFtuffs, much of which are. improperly prepared and handled, and exposed to contamination. The reason for the 'fiesta' may be a celebration at some religious shrine to which many sick people are brought in the hope of improvement. Any contagious disease which may exist at any of the poinits from which these foods and p~ople come may thus be cari:ied to and concentra'te.d at the place at which the 'fiesta' is held, and, it has been found by actual experience that diseases have 1een spread in this way, not only to most of the territory from which the people came, but to points at a great distance therefrom. "The reasons for this distribution of disease have been a lack of sanitary preparation to accommodate the crowds and insufficient effort to control the preparation and sale of food and drink provided. In order to meet this menace, each and every town at which r~······················~ ...... ~ I • Marinduque Chinese ~ Association ~ MR. LIM SIONG • ~ · President ~ t MR. MANUEL K. LIM • • Executive SecretanJ ~ ~ Boac, Marinduque ~ l... ••••••.•••••••••••••••••••••• J APRIL, 1949 a 'fiesta' is held should make the following provision to care for the extraordinary population and its attendant conditions: "(1) To provide temporary convenience sta;tion at points of greatest concentration, such as near the church at the feria, near cinematographs, th~ plaza, etc. These convenience stations must be adequate to care for the demands of the crowds; must be kept clean, disinfected, and otherwise sue pervised; and their contents must be llisposed of as often as necessary and in a thorough manner. "(2) The water supply must receiv~ careful att~ntion. It must, of iitself, be safe at its .source, and must thereafter be handled in a cleanly manner. "(3) All foodstuffs must be carefully s~pervised !o provide for their protection for files, ·for the destruction of decayed and unsafe food and for their general handling and s~rvice in a cleanly manner. "To- meet these abnormal conditions ,it ~ill be necessary not only for the samtary and police forces of a town to put forth extraordinary efforts but udditional personnel must be pro;ided to ensure efficient supervision and service. It is probable that in some cases the expense of this precautionary work will tax ithe resources of .the municipality, but sfoce all -surrounding municipalities, and in fact, the entire province, are vitally interested to prevent the introduction of epidemic diseases, they may properly be expedted to assist by the loan of sanitary and police employees. * * *The experiment at Antipolo during 1915, which was inaugurated, and managed and paid for in a great measure, by- the insular authorities, showed conclusively that if the proper prepara>tions are made, the 'fiesta' may be conducted in the sanitary manner and, instead of proving a menace to the people of the town and of the surrounding territory, will prove a means for educating and improving them. If it were possible to secure similar prePage 235 Sanitary ... paration in ithe case of every 'fiesta' held, they would cease to be detrimental to the public health. "These 'fiestas' undoubtedly bring a greaf deal of money to the towns at which they are held and are an im· portant source of revenue to the townspeol)le, but if they also bring with them diseases which cost the municipal, provincial, and insular governments large Sums of money to eradicate, they cease to be a benefit, and become a bad busi· ness · proposition, carrying with them losses in life and money which make them mos:t undesirable." The above suggestions of the Director of Health are appr.oved by this Office as they will undoubtedly contrib· ute to the eradication . of. dangerous . communicable disease. Municipal councils, therefore, are directed to comply therewith strictly, and for the purpose, ·consult with the health authorities as to the best means of carrying out the above suggestions at least two months before the date of the. celebration of r·················~~·~1 t N. 0. Barrios Trading : f t General. Merchandising ~ • • f OF.FICE SUPPLIES t PAPER SUPPLIES t· ~ ENGINEERING SUPPLIES • ~ CR~ST AL SOUND DEVICES 403 Sta. Mesa Blvd. Manila, Philippines Page 236 OUr Lo~aJ, .. FILEMON SAMACO Municipal Mayor of Calapan, Mindoro. .Born Nov. 22, 1902, in Calapan, Min· doro; married to Marta Ylagan ; . high school graduate and second grade eligible; had been public school teacher, bud·rat inspector, deputy governor; paymaster, auditing clel'k, and, previous to his election to his present post, acting municipal mayor of· the same municipality by appointment. Hobbies: Reading books and poultry raising. Motto: "Be Helpful" . the fiesta in the municipality. Failure to comply with the above instructions will be considered by this Office sufficient cause .for the imposition of disciplinary punishment upon the negligent officials . (Prov. Cil'. N\'). '124.) ,Mama, when the fire goes .<mt where does it go? My dear boy , I don't know. Y:ou might jmt as well ask me where your father goes when lte goes out. THE LOCAL .GOVERNMENT REVIEW RULINGS OF THE GENERAL AUDITIN.G OFFICE DISCRETIONARY FUND, EXPENSES CHARGEABLE AGAINST. -Respectfully returned to the Honorable, the Secretary of the Interior, Ma· nila, with the information that this Office will offer no objection to charging against the discretionary fund of the Provincial Governor of Romblon expenses incurred for purposes such as those stated under items 1 and 4 of the enclosed Resolution No. 182, cur· i·ent series, of. the Provincial Board of said province. · With respect to item 2, attention is invited to paragraphs 2 and 3 of our 2nd indorsement date.d April 30, 1947, to that Department which' is believed applicable hereto. (See page 12, Vol. 1, No. 1 of this magazine-.EJditor). As regards item 3, expenses incurred for the purpose may also be charged against the discretionary fund in question if the "propaganda in connection with commercial and industrial development" herein referred to is of public character and oeneficial to the interests of the inhabitants of the said province.-2nd Ind., Nov. 29, 1948, of the Auditor General. The items aforementioned read: "(1) the employment of secret agents and informers to detect crime perpetrators obnoxious to the safety and welfare of the community and government, (2) entertainment of important personages in government service or in business, (3) for propa· ganda in connection with· commercial and industrial development, and ( 4) for other purposes for the benefit of public interest." (Res. 183, c.s., Provincial !Board of Romblon). UNIFORM FOR CHIEF QF POLICE.-If the chief of police is au· thorized by the municipal council, under seetion 2263 of 111.e Administrative Code, to be furnished uniforms at the expense of the municipality, as in the instant case, and there is fund available therefor, such expense may be allowed in audit.--3rd Ind., Sept. 13, of Deputy Auditor General to the Provincial Auditor of Ilocos Sur; 455.7 I. Sur, Sta. Lucia, DIF. ' APRIL, 1949 PER DIEMS FOR VICE-MAYOR AND COUNCILORS.-It appearing herein that the session held on August 15, 1946, by the Municipal Council of Batac, that province, was merely the continuation of the regular session held on August 14, 1946, this office believes that the Vice-Mayor and councilors who attended such sessions are legally en· titled to claim per diems corresponding 1o two days because, under the provisions of Section 2187 of the Revised Administrative Code, as amended, payment of per diem for each day of regular session, not by each regular session, is allowed. The law is clear that councilors are paid by day and not by ,;ession.-3rd Indorsement, Sept. 20, 1946, of Auditor General to the Municipal Secretary of Batac, I. Norte through the Provincial Auditor;. G.A.O. 1.072-I. Norte. TUITION AND MATRICULATION :F'EES.-When a student pays his or her tuition fee, he pays for instruc· hon services rendered. If the students mentioned in the basic letter have never attended classes at the Mindoro High ~chool since their enrollment thereat, this Office will offer· no objection to refund the said students the tuition fees paid by them. Matriculation fees are charged for enrollment or registration and are not, therefore, refundable whether or not the students concerned attend classes. 7th Ind., Oct. 23, 1946, Deputy Auditor General to Provincial Auditor of Mindoro, G.A.O. File No. 12.04, Mindoro. VICE-MAYOR AND COUNCILORS, TRAVELING EXPENSES AND PERMANENT STATION OF. - Rei:<pectfully returned to the Honorable, the Secretary · of the Interior, with the' statement that under Section 724 * of the Revised Manual of Instructions to Treasurers this Office has already prescribed the necessary regulations covering travel expenses of vice-mayor and municipal councilors when absent from their permanent stations. In this connection, it may also be stated that the barrio or barrios which Page 217 eomprise the district of a municipal councilor constitute his permanent station as contemplated in the aforementioned section of the said· Manual.3rd Ind., Aug. 25, 1948, of Deputy Au· ditor General; DIF 100.061, Cebu. PROVINCIAL PRISONERS EMPLOYED IN MUNICIPAL. PUBLIC WORK, COST OF' SUBSISTENCE AND TRANS1 PORTATION OF. - While there is no specific provision of law which provides that the cost of subs.isotence and transportation of prov, incial prisoners confined in provincial jails who, at the request of the muni· cipal authorities, are detailed to and employed in municipal public works projects shall be borne by the municipality concerned, thls Office believes that, inasmuch as the province is deprived of the services of such provin· · dal prisoners, .the cost of their subsistence and transportation during the period their services are utilized by the municipality con~erned should, in fair· ness to the provmce, be borne by such municipality. In view hereof, this Office believes that the ·policy referred to in rthe 2nd indorsement hereon is in order and, accordingly, recommendls the disapproval of the attached Resolution No. 33, dated June 26, 1948 of the Municipal Council of. San Fran'cis· cisco, Cebu.-4th Ind., Sept. 29 1948 Deputy Auditor General to Sec.'ot th~ Int. \ * Traveling expenses of vice-mayors and mu'!icipal councilors.-When ·absent from. their permanent stations on official businetrS other than attendance at the session o>f the council, vice-mayors and councilors are entitled to reimbursement of their actual expenses of travel with the approval of the provincial governor. Traveling expenses are usually, allowed a vice.mayor and coondlor wh_en engaged, in a locmft campaign, to be pa1d from the Locust Fund; when sumnnoned as witness in a land registration case iwvolving title of the municpality to the land in litigation; when acting in place of the municipal mayor; and when absent from their permanent stati&ns on official business other t~an '!ttendance at the 8ession of the counoil, with the aP'e:!'oval of the provincial governor. (Sec. 724, Revised Maillllal of tn• structions to Treasurers, 1939 Edition, page 656.) ' Page 238 LIBERTY AND THE POLICE A prized possession of democratic countries is the li)lerty of the subject. A recent high Court case in Britain illustrates effectively not only the value placed upon personal liberty by the British, but also the balance which is struck between the forces of law and the individual. The facts of .t)le case are simple. Mr. ~ohn Patrick Ludlow, actor, was waitmg for a bus. He was wearing a thick coat and he had over his arm a thin· ner coat which he was taking to his tnilor to be pressed. Mr. Ludlow was arrested by two plain-clot.hes policemen and marched to the local police station on suspicion of having stolen the sec-' ond coat. Mr. Ludlow brought an action against the police claiming damages for false imprisonment. His version of the facts was accepted by the jury who awarded him 300 pounds· damages with costs.· · It might seem at first sight that this was an extremely l!nimportant action, almost a waste of time, •Biut true de· mocracy is really an . expression of small liberties, and this case has its important aspects. As the judge in the case, Lord Hewart, observed: "If once we show any signs of giving way to the abominable doctrine that because things are done by officials therefore some immunity must be extended to them, what is to become of our country?" In Britain the police are not the law. They .are citizens with special powers, but they \re subject to control and must use their special powers discreetly. In some ways this hampers them in their fight against crime. But it also acts as a most effective shield in the fight to safegPard indi\'id'1al li· berty.-From, the "Christian Science Monitor." · THE LOCAL GOVERNMENT REVIEW CONTROL OF POULTRY DISEASES [Sec. 486, C. P. C.] All means calculated to prevent the spread 6f dangerous and communicable poultry diseases, such as fowl cholera, fowl typhoid and European fowl pest, to non-infected places should be adopted; by all officials concerned. The following model municipal ordinance prepared by the (former) .Bureau of Agriculture and this Office (now Department of the Interior), if adopted and duly enforced in all municipalities, will go a lohg way toward the eradication of deadly fowl diseases in this country. Provincial governors should urge the municipal councils under their respective jurisdictions to adopt ,said ordinance: (Model No. 15) MUNICIPAL GOVERNMENT OF ............... . PROVINCE OF .................................. .. ORDINANCE. NO ........... .. AN ORDINANCE PROVIDING CERTAIN MEASURES FOR THE PREVENTION, AND ERADICATION OF DANGEROUS AND COMMUNICAB!tE POULTRY DISEASES. By authority of section 2238 of the Administrative Code of 1917, the municipal council of ........................................... ., Province of ............................... ., hereby decrees as follows: SECTION 1. For the purposes of this Ordinance the terms "fowl," or "poultry" as used herein shall apply to and include chickens, turkeys, ducks, geese, guinea fowls, pigeons and other domesticated members of the Aves family; and "dangerous and communicable poultry disease" shall apply to and include European fowl pest, fowl cholera, and fowl typhoid. SEC. 2. Whenever any dangerous and commuµicable poultry disease exists in this municipality, the owner or keeper of the fowls effected or any pe:rson who is aware of such fact shall report it .to the municipal president who shall immediately make or cause to be made by a competent person designated· by him, the necessary investigation and advise the nearest Government veterinarian of such fact. If the municipal president finds or is assured that such poultry disease exists, he shall publicly announce .11uch fact by means of APRIL, 1949· "bandillos" or written notices and shall declare the area within a radius of 200 mete~s from: the infected place to be under quarantine. SEC. 3. Once a portion of this municipality has been declared under quarantine iri accordance with the preceding section, it shall be the duty of any person who owns or has -under his charge fowls or poultry within the quarantine zone to observe the following: (a) He shall kill or cause to be killed all sick fowls owned by him or under his charge and bury or cause· them to be buried in a hole dug (n his yard for the purpose, which shall be at least one-ha)f meter deep, and shall pour kerosene on the fowls thus buried and burn them thoroughly and then cover the hole with a thick layer of soil; · (b) He shall never thl"ow nor. cause to be thrown dead fowls into ditches, brooks, rivers, er any place other than that destined for, burial thereof; . · (c) He shall clean and disinfect' thoroughly his yards, chicken coops, and other devices used in connection with poultry raising; drain and disinfect thoroughly all wet places in his yard and spread slacked lime all over the area. In disinfecting, either Creolin 5 per cent, or Carbolic Acid 3 per cent may be used; (d) He shall not remove from the quarantine zone to any other place any fowls or any eggs of fowls or coops, cages, throughs or any other devices used in connection with poultry raising. SEC. 4. . It shall be unlawful for any person to bring into this municipality. for the purpose of sale or otherwise, 'fowls, eggs pf fowls, or devices used in connection with poultry raising from any municipality infected wita any dangerous and communicable poultry disease. Any fowls, eggs of fowls, or devices used in connection with poultry raising, may be admitted into this municipality only if the person or persons bringing them are provided with a written certificate of the president of the municipality or his reperesentative or the lieutenant of the bar· rio of origin to the effect that said munic· ipality or barrio is free from any dangerous communicable poultry disease. Said certificate shall also· state, among other things, the number, kind and sex of the fowls, and the number and kind of eggs (whether chickens', turkeys', duck'. etc.) desired to be brought. Page. 239 SEC. 5. It shall likewise be unlawful for any inhabitant of this municipality whether engaged or not in the business of selling fowls to bring into this municipality any fowls or their containers which could not be sold or disposed of in any municipality infected with dangerous and communicable poultry disease. SEC. 6. In order to carry out the provisions of this ordinance, the municipal mayor or the Director of Agriculture or their duly authorized representat>ves shall at all times have access to or upon any land, lot, yard, field, or poultry grounds where fowl or fowls sick of any dangerous and communicable poultry disease are known or reasonably suspected to be present and they are hereby authorized to kill all such sick. fowls in case the owner or keeper thereof fails or refuses to do so in accordance with paragraph (a) of section 3 hereof, without prejudice· to the criminal action which may be brought against such owner or keeper under section 7 hereof. SEC. 7. Any person who violates any provision of this Ord!r.ance, or who obstructs, or impedes, or assists in obstructing or impeding the officials entrusted with the enforcement of this Ordinance, shall be liable to prosecution, and upon convictiqn shall suffer the penalty of a fine of not more than PlOG or an imprisonment of not more than 30 days, or both in the discretion of the court. SEC. 8. The provisions of this Ordinance shall take effect immediately upon its approval. Approved, Circular No. 218 of the (former) Bureau of Agriculture giving in detail the symptoms of each of the diseases referred to above is quoted hereunder. Due publicity should be given to this circular and, if. possible, every pouJ.try raiser should be furnished wi.th a copy thereof. 1 Provincial governors should bring to the attention of the municipal officials the fact that the disinfectants referred to in ·the Model Municipal Ordinance may be obtained free of charge from the Bureau of Agriculture. [Unnumbered Prov. Cir., Jan. 10, 1928.] CIRCULAR NO. 218 OF THE FORMER BUREAU QF AGRICULTURE EUROPEAN :FOWL PEST "This is a very acute infectious diPage 240 sease affecting particularly chickens, turkeys, arid geese. Blackbirds, spar.rows, owls, hawks, and other birds also contract the disease, while water fowls and pigeons are resistant. Mammals, including human, are not susceptible. The infective agent is present' in the blood and various tissues of the birq. It is so .small that it passes through the finest pores of a filter and no microscope is powerful enough to detect it. "Sywptoms.-The disease is characterized by i.ts extremely infectious nature, rapidly progressing course, and high mortality. The infected fowl losses its appetite, ha·s an irregular walk and becomes very droopy. The feathers are ruffled, and there is considerable prostration, with swelling and darkening of the comb and wattles. A sticky exudate may paste the eyelids together, clog the nasal passages and even ob· struct the windpipe, causing labored breathing. Some patients periodically shake their heads in order to dislodge their mucous secretion from the throat and nostrils at the same time producing a pecular wheezy sound. The bird lives as a rule for from two to five days. Occasionally it may live ·six or seven days. ·The bird may be apparently in good condition in the morning and be found dead in the afternoon in the very acute form. "Fowl cholera. - Fowl cholera is caused by a gerin (Bacillus avesepticus) and is blood-poisoning (septicemia). "Symptoms.-The onset of this disease may be so sudden that its sign passes unobserved, and finding the dead birds in the nest or under the roots may be the first notice that the owners has of the existence of disease in his flock; or the birds may have fowl cholera in a more chronic form and live for six to seven days. "In the protracted cases there is noted loss of appetite, great prostration, starring feathers; the bird mopes or sits around with tail an<l head down, giving the so-called 'ball' appearance, the comb is dark, the gait swaying, and there is trembling, convulsions, thirst, and severe diarrhea, with passages of a greenish-yellow color. There is high fever and the bird rapidly becomes THE LOCAL GOVERNMENT REVIEW emaciated. "The disease spreads rapidly through a flock. Pure-bred birds are more susceptible than scrubs. "Fowl typhoid.-This is due to a short, plump germ with rounded ends. It is called the Bacterium sanguinarium, and is easily isolated from birds dead of the disease. It reproduces the disease in inoculated birds, multiplying in. the .blood. "This disease is confined to chic~ens. The period of incubation is given as one to two months. The course of the disease is from one to two weeks to as long as three months. Birds rarely recoi•er. "Symptoms.-Anemic · or blanched appearance of the mucus membrane of the head, with a duli appearance and great prostration, -usually ending in death in about four days, is character. istic of this disease. In some cases the affected bird! may live three to four weeks. "Prevention.-No remedy or satisfactory prophylactic trea.tment has as yet been discovered for European fowl pest, fowl cholera or f6wl typhoid. It is therefore not advisable to waste time treating infected fowls, for they serve only as source of infection. The sooner they are killed and burned, the better it will be for the flock. "The only.effective measure is to prevent the introduction of the disease or, if it has already been introguced, to check ·the spread of the infection. The poultry-house and yard should be thoroughly cleaned daily and the droppings and rubbish collected and burned. A suitable hole should be dug in the corner of the yard where the droppings and rubbish can be entirely burned up. The chicken-house and the yard immediately adjoining to it should be frequently disinfected, and where the chickens have a big yard where they are turned loose, it should be frequently plowed in order to turn over the soil and to expose to the air and the sunlight any germs that may have penf!trated into it. If this is not done the soil becomes very heavily infected, and outbreaks of the disease will frequently recur. Besides this, the n.umber of APRIL, 1949 chickens that should be .kept in a given area should· be limited to a certain number so that it will not be· crowded. If too many chickens are !kept in a small area the soil becomes foul. "Where the poultry flock is kept in the poblacion of the municipality where yards adjoin each other good fences should be constructed that will prevent well chickens from mingling with any sick chickens belonging to the neighbors. "When buying chickens or eggs for the purpose of increasing or bettering the flock, make sure that you are buying frolll._ a clean place. "As the food and! drinking waiter an proved sources of infection, do not give contaminated food or grain coming from infected areas. Be careful about the drinking water for fowls. Use only clean, fresh, non-contaminated water and change it at least once a day and disinfeot all receptacles for drinking purposes: permanganate of potash, 1 gram to 2,000 c.c. of water or drop ,a few crystals in water until it is colored like pale sherry wine; or also use sulphocarbonate compound with mercury tablets: 1 table to 500 c.c. of water." [Unumbered 1prov. Cir. Jan. 10, 1928] (Continued! from page 249) Athletic meets are factors in developing the spirit of cooperation, nobility and patriotism among Filipinos. Unity is thus realized not by force of arms i.s in other countries of ·a different ideology but by spiritual,. moral and intellectual undertakings.-At the Arranz Stadium, Tuguegarao, Cagayan, on Opening the National Interscholastic Meet, March 5, 1949. · r .......................................................................................................... '1 • ~ Luzon ·Bazar ~ BINSON GO, Manager • ~ Dealer~ in Textiles & i General Merchandise L~::~ ........... ~:~::::~ Page 241 Republic of the Philippines COMMISSION ON ELECTIONS Manila LIST OF MUNICIPAL OF.FICIALS ELECT (Continued from last issue) BATANGAS · 4. Evaristo Castillo (L) 8. IBAAN- • 5. Mauricio Arago (L) Mayor ............ Juan T. Mercado (L) 6. Bernardo Camcmgol (L) Vice-Mayor .... Sixto M. Guerra (L) 13. MAL VARCouncilors: Mayor ............ Benito P. Leviste (N) 1. Hugo M. ·Mercado (L) Vice-Mayor .... Pedro Lat Liat (Ind.) 2. Marcial Caringal (L) . Councilors: 3. Luis Ilagan (L) 1. Jose L. Manalo (Ind.) · 4. Jose Marasi•gan (L) 2. Nicasio V. Levi,.te (Ind.) 5. Gregorio Caringal (L) 3. Apolonio Viaje (Ind.) 6. Florentino Mercado (L) 4, Tomas Lucido (Ind.) 9. LEMERY- 5. Rafael A. Dimsandal (Ind.) 10. 11. 12. Mayor ... : ........ Leon A. Sangalang (L) 6. Maximino B. Aguilera (Ind.) Vice-Mayor .... Mariano L., Venturanza 14. MATAlASNACAHOY- · (N) Mayor ............ Jose M. Landicho (N) Councilors: 1. Luis H. Licopa (L) 2. Vicente Salazar (N) 3. Jose Bello (N) 4. Apolonia L. Balboa (L) 5. Agustin CaTolino (L) 6. Marcos Catibog (L) 7. Juan de Castro (L) 8. Martiniano Montenegro LIANMayor ............ Quiripo Lejano Vice-Mayor ..... Pedro L. Lejano Councilors: 1. Francisco Quezon (L) 2. Teofilo L. Lagui (L) 3. Mateo Ruffy (L) 4. Clemente Lejano (L) 5. Fidel T. Castaneda (L) 6. Rufo Limon (L) LOBO(L) (L) (L) Vice-MayO'I' .... Bernardo Vergara (L). Councilors: 1. Julian Solis (L) 2. Jose A. Matanguihan (I,.) 3. Felino Templo (L) 4. Lorenzo Maranan (L) 5. Marciano Silva (L) 6. Exequiel Recinto (L) 15. NASUGBIUMayor ............ Gregorio C. Panganiban (L) Vice-Mayor .... Jose M. Advincula (L) Councilors: 1. Pedro S. Villafria (L) 2. Marcelo J. Bayaborda (Ind.) 3. Moisi.s Rojales (L) 4. Jose Bayaborda (L) 5. Carlos Bolintian (.L) 6. Nemesio Sevilla (L) 7. Bernardino Ureta ( L) Mayor ............ Feliculo R. Sanchez (L) 8. Rafael Tialongko (L) Vice-Mayor .... Bienvenido Gatdula (L) 16. ROSARIOCouncilors: 1. Tomas S. Villanueva (L) 2. Luis Driz (L) , 3. Regino G. Canuel (L) 4. Regino Garcia (L) . 5. Emeterio Araja (L) 6. Gorgonio Gayeta (L) MABIN!Mayor ............ Rafael P. Amurao (L) Vice-Mayor .... Primo Evangelista (L) Councilors: 1. Abdon Magnaye (L) 2. Simeon Casapao (L) 3. Isidoro A. Masangcay (L) 17. Mayor ... ~······· Isaac D. Faro! (L) Vice-Mayor .... Hipolito C. Mindanao (L) Councilors : 1. Jose E. Agoncillo (L) 2. Valeriano Gozos (L) 3. Juan L. Asa (L) · 4 .. Fortunato C, Banog (L) 5. Fiae! M. Luna (L) 6. Sofronio Comia (L) 7. Zoilo Katigbac (L) 8. Onofre K. Quizon (Ind.) SAN JOSEMayor ............ Bonifacio A. Masilungan (L) Page 242 THE LOCAL GOVERNMENT REVIEW 18. 19. 20. Vice-Mayor .... Teodorico Ona (L) Councilors : 1. Modesta Umali Remo (L) 2. Leonardo H. Ona (L) 3. Timoteo Alday (L) 4. Quirino Custodio (Ll 5. Jose A. de Villa (L) 6. Ruperto Aguila (L) SAN JUANMayor ............ Vicente V. Castill~ (L) Vice-Mayor .... N~mesio Q. Rosales (L) Councilors : - 1. Estelito Cas·tillo (L) 2. Maria Ramos Sales (N) 3. Lorenzo Hernandez (L) 4. Pedr<> Aguila (N) 5. Guillermo de Villa (N) 6. Fidel Alday (L) 7. Juan Quizon (N) 8. Ricardo Macalinao (N) SAN LUISMayor .....•....... Felix Aseron (L) Vice-Mayor .... Victorio Lasala C. (L) Councilors: I 1. Graciano Carandang (L) 2. Ramon Hernandez (L) 3. Severino Magsombol (Ll 4. Agripino Catapang (L) 5. Julian Salazar (L) 6. Melecio Capuno (N) SANTO TOMIASMayor ............ Nioetas N. CastiUo (L) Vice-Mayor .... Nicasio Torres, Jr. (L) Councilors: 1. Jose M. Hernandez (L) 2. Francisco Jaurigue (L) 3. Felix Guevarra (N) 4. Abelardo Meer (L) 5. Tomas Mabilangan (N) 6. Arsenio Dizon (L) 21. TAAL- . Mayor .............. Ignacio Ilagan (L) Vice-Mayor .... Agaton M. Luistro (L) Councilors: 1. Fermin Ilagan (L) 2. Ricardo Medina (L) 3. Epitacio Pesigan (Ll 4. Paterno de! Castillo (L) 5. Artemio Cabrera (L) 6. Jose I. Atienza (L) 7. Manuel Cabrera (L) 8. Rufiniano Alvarez (L) 22. T,ALISAYMayor ............ Amando Laurel (L) Vice-Mayor .... Epifanio Malabanan (L) Councilors : 1. Rafael Calinisan (L) APRIL, 1949 2. Conrado de Grano (L) 3. Vicente de Leon (L) 4. Gregorio de Grano (Ind.) 5. Artemio Atienza (Ind.) 6. Genaro Panganiban (L) 23. TANAUANMayor •.......•... George Collantes (L) Vice-Mayor .... Fidel de! Pilar (L) Councilors : 1. Apolonio S. Magsino · (L) 2. Nicolas Garcia (Ll 3. Juan R. Carandang (N) 4. Cosme 0. Roxas (L) 5. Severo M. Perez (L) 6. Amador Suarez (L) .7. Victoriano M. Luna (L) 8. Rufo P. Panganiban (L) 24. TAYSANMayor ............ Montano Viril (L) Vice-Mayor .... Dominador Zara (L) Councilo1·s·: 1. Mariano Ebreo (L) 2. EmBio Banaag (L) 3. Felix Hernandez (L) 4. Dominador Driz (L) 5. Gavino Magnaye (L) 6. Roman Biscocho (L) 25. TUY - Mayor ............ Felix M. Almanzor (L) Vice-Mayor .... Rafael Carandang (L) Councilors : 1. Vicente Calingasan (L) 2. Justina R. Macalalad (L) 3. Lorenzo E. Robles (Ll 4. Telesforo Gomez (L) 5. Dionisio Pamaligan (L) 6. Perpetuo Bandalaria (L) r-r ................. ~~..-.···~······~ i Matatquin World Publishers' : ~ Service : I 39-4 Sa. nta Mesa B_oulevard : Manila : Telephone: 6-76-74 ~ ~ Complete Subscription Clearing : ~ House of all Philippines and ~ ~ Foreign Periodicals and : ~( Newspapers, New : or Renewals : ~ t PABLO T. MATATQUIN : ~ }Janager : t Domestic &'"Foreign Circulations : l...~····==~.~-7~~ ... ~ Page 243 Excerpt from the minutes of the Regular Session held by the Municipal Board of the City of Cebu in its Session Hall on the 23rd day of February, 1949. · Present: ·Hon. Florencio S. Urt>t .... President Hon. Florentino D. Tecson ······-----Pres. Protempore Hon. Jose L. Briones ·········---········---Floor-Lell!der Hon. Euiogio E. 'Rorres ____ Member Hon. Jose A. Cavan····-------- Member Hon. Carlos J. Ouizon ........ Member Hon. Eugeriio G. Corro .... Member Hon. Casimiro V. Madarang ········---Member Ab,sent: None. --o-The .Board, upon recommendation of Board President Urot and on motion d Member Tecson, seconded by Member Cuizon, approved the following resolution: RESOLUTION NO. 137 A RESOLUTION REQUESTING THE SECRETARY OF AGRICULTURE AND NA· TURAL RESOURCES TO RECOMMEND TO CONGRESS THRU THE PRESIDENT OF 'THE PHILIPPINES THE ENACT· MENT OF A LAW GRANTING CROP LOANS TO CORN GROWERS OF. THE PHILIPPINES. . . WHEREAS, the government has embarked on the policy of maintaining the independence of the Philippines economically, and for such aim and jpurpose the government has been giving aid in the form of crop loans to the rice and sugar producers of the country; · WHERF<!AS, the government has spent millions of pesos for the improvement· of the cultivation of sugar, rice and coconuts in the Philippines; WHEREAS, the government recently has made efforts for a systematic campaign for food production to relieve the country from dependence upon imported rice; ·WHEREAS, the rice producing regions have received one of the greatPage 244 est attentions of the government by the grant of crop loans to the rice producers of this country; · WHEREAS,' corn, which is one of the prime foodstuffs in the ·regions of the Visayas and Mindanao, and in these regions the efforts of the government for the food production campaign would be useless unless sufficient funds be given to the corn growers of these regions due to the loss of their working animals; WHEREAS, the lands in these regions, particularly in the provinces of the Visayas and Mindanao and specifically in the provinces of Cebu, Bohol, and Leyte, could no longer yield more corn due to soil erosion which has caused it to be almost barren, for which reason the production of. corn in these regions is. very much lower than is eX'pected ; WHEREAS, the government has found some fertilizers for sugar cane, it is but proper and necessary that the government should also look and find ways and means for the fertilization of the corn growing regions to produce more corn; NOW THEREFORE, BE IT RESOLVED, as it is hereby resolved, that the Secretary· of Agriculture and Natural Resources be reques;ted to recommend to Congress thru His Excellency, the President of the Philippines to pass a law to grant crop loans to the corn growing regions of thfs com'.· try and al:so to find ways and meana for the fertilization of these regions so as to produce more corn ; BE IT .FURTHER RESOLVED, that copies of this resolution be furnish~d the Secretary of Agriculture and Natural Resources, the !President of the Philippine Republic, the President l'f the Philippine Senate, the ~peaker of the House of Representatives, to. all City Mayors of the Philippines, to. all Miunicipal Mayors of the provinces of the Visayas and Mindanao, and to all the newspapers in Cebu and Manila. CARRIED UNANIMOUSLY. THE LOCAL GOVERNMENT REVIEW Gov. Grenorio Santayana of Quezon with Mayur Bienvenid11 A . Marquez and Members of the Munimpal Council of Padre Burgos seeking National aid from the President of the Philippines 0n March 29, 1949. I hereby certify to the correctness of the above quoted resolution. (SJgd.) PIO 1A. KABAHAR ATTES'TIED: Secretary (Sgd.) ·FLORENCIO S. UROT President Minuite.~ of the Conference of Provincial Governors. and City Ma.yors held at the City of Manila from Octobe1· 4 to 9, 1948. Pre.~ent : Hon. Manuel Cuenco ........ President Jose 'B. Lingad--Vice-President Perfecto Faypon ____ Secretary Poinciano Bernardo .. Treasurer ,, Manuel de la Fuente .... Auditor All Governors and City Mayors ........ Members. The ·meeting waa called to order by APRIL, 1949 the Chait"TTlan at 9 :00 o'clock Ante Meridian. The mimites of the last Convention were read and signed. NO. 1 WHEREMS, at ~he opening of this Convention the Honorable, !.he Secretary of the Interior delivered the opening address for the proper guidance of each and every member of this convention in particular and the Association in general; WIJEREAS, the policies enunciated in the speech just delivered by the Honorable, the Secretary of the Interior are of paramount importance in the proper administration of provincial, city and municipal governments; WHEREAS, in order that each and every policy laid down therein could at any time be availed of by each and Page 245 every member of thiB convention; NOW, THEREIFORE,. on motion by Governor Ricardo Miranda of Davao, the Conference of. Provincial Governors and City Mayors unanimously RESOLVED, as it· hereby resolved, that the speech of the Honorable, the Secretary of the Interior, be inserted in the records of the Convention and that each and every Provincial Governor and City Mayor be· furnished with a . copy thereof, and that this .Body subscribes to all the policies laid down therein. RESOLVED FURTHER, to furnish copy of this resolution to the Honorable, the Secretary of. the Interior, Manila, for his information. Carried. NO. 2 WHEREAS, the Department of the . Interior is the \Agency of the National Government which exercises direct supervision and control for the proper ndministration of the provincial, city and municipa1 governments; WHEREAS, the· Honorable, the Secretary of the Interior, .as head of the executive department bearing that name, exercises also supervision and control over all ·provincial, city, and municipal chief. executives; · WHEREAS, this· Conference of Provincial and City Chief Executives has been made possible through the initiative and sponsorship of the Honorable, the Secretary. of the Interior; NOW, THERE1FORE, in view of the foregoing considerations the Conference of. Provincial Governors and. City Mayors has. On motion by Governor Doroteo Aguila of La Union Resolved, as it is hereby resolved, to consider as it is hereby considered the Honorable, the Secretary of the Interior, as the FATHER of the Conference of !Provincial Governors and City Mayors. RESOLVED F'URTHER, to forward this resolution to the Honorable, the Secretary of the Interior, Manila, for his information. Carried unanimously. No. 3 WHEREAS, in the last com•ention Page 246 of this B<>jly sometime in the earJy part of this year, the granting of more local autonomy had been one of the most important problems which had been taken up by this Body with the National Government; WHEREAS, the granting of more autonomy to Provincial and City Governments has not, in spite of the seeming interest of the Administration to grant same, as yet been realized; NOWi, THEREFORE, on motion of Governor Gregorio Santayana of Quezon, be it RESOLVED, as it is hereby resolved, to authorize .the Chairman of the Convention to create a Committee to petition His Excellency, the President of the Philippines, to arrange for the immediate granting of more autonomy to Provincial and City Governments. RESOLVED F'URTHER, to :trans· mit this resolution to the Chairman o:ll this Convention for his information and guidance. Carried. NO. 4 . WHERIEiAS, it is necessary that all resolutions and motions be first arranged and compi.Jed before they are submitted and brought up to this Body for final deliberation, consideration and action; WHEREAS, to properly attain this and there also .arises the necessity of creating a committee to take charge of. same· · NOW, THEREFORE, on motion by Governor Jose IA. Madarang of Nueva Vizcaya, the Conference of Provincial Governors and City Mayors unanimously RESOLVED, as it is hereby resolved, to create a Committee on Motions and Resolutions, hereby authorizing the Chairman of the Convention to appoint the member13 thereof. RESOLVED FURTH!ER, to furnish the Chairman of this Convention with r, copy of this Resolution for his information, guidance and appropriate· action. Carried. NO. 5 WHEREAS, this Body of !Provincial Governors and City Mayors now in THE LOCAL GOVERNMENT REVIEW convention in the City of Manila has been called for the purpose of working solidly for the improvement of the respective provinces and cities; WHEREAS, in the proper solution and analysis of the varied problems confronting the various provinces and cities, it is absolutely necessary rthat certain days within the time it is allotted be fixed whereby the members of this convention may air their views and problems with the President and the various Department SecretariE's; NOW, THERE·FORE, in view of the foregoing considerations, the Conference of Provincial Governors and City Mayors unanimously Upon motion by Governor .Jose A. Madarang of. Nueva -Vizcaya RESOLVED, as it is hereby resolved, to authorize the Honorable, the Secretary of the Interior to request His Excellency, the President of the Phili1I1pines, to set one morning for the President to hear our problems. RESOLVED ·FURTHER, to forward this resolution to the Honorable, the Secretary of the Interior, Manila, for his information. Carried. NO. 6 WHEREAS, the shortage of the rice supply has been even before the outbreak of the last war, the scourge in the economic .Jife of the people of this country; WHER'.EAS, such shortage has since the termination of the war become most acute, and has reached such extent as to constitute the most ticklish and diffi· cult problem which only the Government, by a most decisive and drastic action is in a position to solve; WHEREAS, this rice crisis or problems threatens the very life of the great masses of our people, and therefore requires an immediate and a most effective solution; WHEREAS, it is a well-known fact that one if not the most principal cause of this ever-recurrent rice problem is the evil practice of alien rice dealers of hoarding most if not all the rice S'Upply in the country so that by doing so, they can and actually control APRIL, 1949 and dictate the price of the cereal, thereby praoticalJy monopolizing the rice business and realizing huge profits for themselves, to ithe great detriment of the consuming public, especially the .poor; WHEREAS, the Government' of this Republic is in duty bound to exert, put forth and use aJ.l the authority within its power to remedy the sad situation herein pointed out in order to free the people from the BONDAGE of this great evil in their daily exist" ence; Upon motion by Governor Dominador Chipeco of Laguna, NOW, THEREF'ORlE~ be it resolved that this Convention recommends to the Congress of the Philippines, the immediate enactment of a LAlW, providing for the immediate and absolute nationalization of the Rice Business in the Philippines by !PROHIBITING !ALIEN RESIDENTS OF WHATEVER NATIONALITY FROM' ENGAGING, DIRECTLY OR INDIRECTLY, in the rice business. To make such proposed law actually effective stiff penalties s~ould also be provided for any viola-. tlon thereof against !Filipino dummies. R!ESOLVED FURTHER, to forward this resolution thru the Honorable, the Secretary of Agriculture and Natural Resouroes, to His Excellency, the President of the Philippines, recom· mending the creation of an Educational Extension Service for pu:riposes herein indicated. Carried. NO. 7 WHEREAS, under the present regulations, Provincial and City .Budgets duly approved by the respective Provincial and City Boards, before they become of fuU force and effect, are subject to the approval of the Department of the Interior as the Agency of the National Government which has supervision and control over the administrative functions of the provinces and cities, and the Department of Finance, the agency of the National Government charged· with the supervision and control of their finances, under Section 323 of the Revised Manual of Instructions to Treasurers ; Page 247 WHEREAS, the ;Provincial and/or City B·oards are the agencies charged with .the administrative functions of the provinces and/or cities and the Provincial and/or City Treasurers over their finances ; •WHEREAS, before the approval by the Provincial and/or City Boards of their respective budgets, the opinion and recommendation of the Provincial and/or City Treasurers are invariably sought; . :WHERIEAS, the respective Provmcial and City Boards know more than any other offices of the needs and problems of their respective governments and as such they should be given more autonomy if not free hand in th!l consideration and a~proval of their respective budgets; NOW, THEREFORE, in view of the . foregoing considerations, the Conf~r ence of Provincial Governors and City Mayors has Upon motion by Governor Mamerto Ribo of Leyte, unanimously RESOLVED, to request the Honorable, the Secretary of tpe Interior, the Secretary of Finance, and the !Auditor General, Manila, to amend Section 323 of the said Revised Manual of Instructions to Treasurers in the sense that Provincial and City Budgets shall become effective without the approval of the Secretary of the Interior and the Secretary of Finance once they are approved by the respective Provincial and/or City Boards and the Provincial and/or City TreaS'urers, but that copies of said budgets shall be furnished the latter officials. RESOLVED FURTHER, to forward this resolution to the Honorables, the Secretary of the Interior, the Secretary of :Finance, and the Auditor General, Manila, for their information and favorable consideration. Carried. NO. 8 WHER!EAS, pursuant to Resolution No. 4 of this Body there was created a Committee to take charge of all bills, resolutions and motions; WHEREAS,_ in order to facilitate the· work of this Convention it is necessary that all resolutions and. motions Page 248 before being submitted to this con· vention be first studied by said committe as to their feasibility, legality, ad dsability and practicabili:ly; NOW, THEREFORE, in consideration of the foregoing premises, the Conference of Provincial Governors and City Mayors has On motion by Governor Felipe Azcuna of Zamboanga unanimously RESOUVED, as it is hereby resolved, that all resolutions and motions submitted to the Convention sha11, before being acted upon by this Body, be first referred to the Committee on Resolutions and Motions for study as to their fea.sibility, legality, advisability and practicability. RESOLVED FURTH!ER, to transmit this resolution to the Committee on Resolutions and Motions, thru its Chairman, furnishing copies hereof to all Governors and City Mayors for their information. Carried. NO. 9 'WHEREAS, under the present regulations, the 5 7o Provincial Surcharge on public works projects accJ.'lues exclusively to the Engineering F'und as per Section 771 of the Revised Manual of Insitructions to Treasurers of the General Auditing Office; WHEREAS, it is but just and proper that part of the Provincial Surcharge accrues to the General Fund of the province so that there shall be equitable distribution of iProvincial Inc9me in the interest of public service; On motion by Governor Alfredo Abueg of Palawan, the Co~ference of Provincial Governors and City Mayors RESOLVED, as it is hereby resolved, ~ .............................................. ~ t : t Bazar La Moda : t : ~ '11AN TIN BO, Prop. : ~ ! ~ Copra Buyer & ~ t General Merchandise : • • t · Boac, Marinduque ~ • • L .................................................................................... ~ THE LOCAL GOVERNMENT REVIEW to earnestly request the Honorable, the Secretary of Public Works and Communications and the Honorable, the iAudifor General, Manila, to amend Section 771 of the Revised Manual of Instructions to Treasurers of the General Auditing Office in the sense that 2% of the Provincial Surcharge fixed and provided in the above-mentioned section 771 of the Revised Manual of In-' structions to . Treasurers on public works projects accrue to the General F'und for the province, il1 the interest of the public service. R.ESOLVIE:D !FURTHER, to forward this resoJ.ution ·to the Honorable, the Secretary of Public Works and Communications and the Honorable, the Auditor General, Manila, strongly recommending favorable consideration, furnishing copies hereof to all Engineering Offices of the coun1 try for their information. Carried. N0.10 W.HEREAS, under the present policy, 'Provincial and City Budgets are still subject to· the lJ<pproval of the Departments of the Interior and Finance before they become effective; WHEREAS, this arrangement entails unnecessary delays in carrying out immediately important projects and paralyzes government activities requiring immediate attention; WHEREAS, the Provincial and City Boards are conscious of their duties and powers with regard to the con· sideration and approval of their respective budgets and know more of the needs of their own governments and as such they should be given free hand in the consideration and approval of their respective budgets; NOW, THERE:FORIE, in view of the foregoing considerations, the Conference of Provincial Governors and City Mayors has Upon motion by Governor Jovencio Mayor of Romblon RESOLVED, to request the Honorable, the Secretary of iFinance, to endorse favorably the petition as embodied in Resolution No. 7 of this Body that the approval of Provincial and City Budgets by the respective ProvAPRIL, 1949 MEMORANDUM f9r EVERY CITIZEN: [Excerpts from Speeches and .Messages of His Excellency ELPIDIO QUIRINO President of the Philippines If every citizen were to conduct himself in accord·ance with the rules of good manners and right conduct, there would be less need for laws, policemen and courts. There would be .tranquility within the nation and peace all over the world. I urge everyone to cul· tivate courtesy as a way of l.ife for that also is the way of democracy and of universal peace.-From Message in connection with the Cowrtesy Week sponsored by the Rotary Club of Manila launched February 3, 1949. * * * On that core of Christian compassion for the human being rests the strength of the Red Cross throughout the world. Wherever there is suffering, there are people of goodwill - selfless, bighearted men and women - prepared and eager at all times to help the needy. * * * It is, therefore, our duty-the duty of every man, woman and child in our counrty, regardless of race, na· tionality or cre2d-to support the Philippine National Red Cross so· that it may adequately perform the great mission entrusted to it. Only as it com· mands the determined backing of the people can it be expected to discharge its responsibility to the community and the nation-From Remarks on Opening the 1949 Red Cross Campaign, Feb. 14, 1949. incial and 'City .Boards as the final act for their effectivity. RESOLVED FURTHER, to forward this resolution to the Honorable, the Secretary of Finance, Manila, for his information and favorable consideration. Carried. (To be continued) Page 249 Republic of the Philippines _ Dep::irtment of Public Works and Communications BUREAU OF POSTS Manila SWORN STATEMENT (Required by Act No. 2680) The undersigned, PETRA 0. RIVERA,·managing editor, business manager,.owner, and publisher of the LOCAL GOVERNMENT REVIEW, publis·hed monthly in English at 83·D. Ttlazon Ave. Cor. 50 Laon-Laan, Quezon City, after having been duly sworn -in accordance with law, hereby submits the following statement of ownership, management, circulation, which is required by. Act No. 2680, as amended ·by Commonwealth Act No. 201: Name Poss-Office Addres's Editor: JUAN F, RIVERA 83 D. Tuazon, Quezon City Managing Editor: PETRA O. RIVERA 83 D. Tuazon, Quezon City Business Manager: Petra 0. Rivera 83 D. Tuazon, Quezon City Owner: Petra 0. Rivera , 83 D. Tuazon, Quezon City PublU!her: Petra 0. Rivera 83 D. Tuazon, Quezon City Printer: BUSTAMANTE PRESS 614 P. Gomez, Quiapo, Manila Office of Publication 83 ·D. Tuazon, Quezon City x x x x x x x x In case of publication other than dailr, total number of copies printed and circulated of the last issue dated March, 1949: · 1. Sent to paid subscribers ............................................................ 917 2. Sent to others than paid subscribers ................................ 2083 Total . 3000 (Sgd.) PETRA 0. RIVERA Owner, PublU!hM, and Business Manager Subscribed and sworn to before me _this 1st day of April, 1949, at Manila, the affiant exhibiting her Residence certificate Ng, A-26470ll. issued at Manila on April 1, 1949. Doc. No. 291 Page No. 29 Book No. 9 Series of 1949. (Sgd,) EMILIANO ANONAS Notary Public My commission ei<pires Dec. 3·1, 1949 Announcement This is the regular thickness of this magazine as per contract with printer. Additional pages depend upon special citcwmstances. Monthly table of contents will be dispensed with to give way for publicatiqn of more materia'ls. Table of contents and index will be furnished free to subscribers every end of volume. SO, KEEP EVERY COPY FOR BINDING INTO BOOK UPON END OF THE YEAR. -THE MANAGEMENT. Page 250. THE LOCAL GOVERNMENT REVIEW ;---------ff 0 R 0 S C 0 P E • Were You Born in April? APRIL 1 Born of this date is a highly developed intuition that should be your guide in making all important decisions. Yours is a mental capacity that can be strengthened by the study of psychology. Legal work is yours. APRIL 3 An adventuresome nature is born on this date a cc om panied by a keenness to find new places and meet new people. Do not be too hasty in your judgment and learn that your happiness is where you are. APRIL 5 You are one who will . gain much from life when you .have mastered the truth-that you get by giving. You can turn a friend into money, but you can not turn money into a friend. APRIL 7 Born of this date has a rugged path but with mental and physical qualifications to carry through to success. Quick wit and sharp tongue should be controlled lest they bring distress. Think more of what 'you do. APRIL 9 Be of high faith and a close follower of your ideals. Reward in the end will justify your hard efforts to achieve success. This year is one in which you will see more clearly through the mist. APRIL 11 One with a leaning toward financial or accounting work is born this date though the physical condition seems to recommend outside employment. A dualistic nature makes it difficult to fully use a constructive mind. APRIL 13 You have an inspiring, fearless nature and are particularly attached to color and sound. You have a tendency to disregard obligations and this should be avoided. Your best efforts are immortalized in your progeny. APRIL 15 An interest in the solution of mathematical problems qualifies you for intricate statistical work. As an expert accountant or handler of mechanical problems you should go far. *Fr0m NYAL APRIL, 1949 APRIL 2 Strong powers to make others agree with your thoughts is the qualification of one who would succeed in the sales field. Caution is suggested to curb on inclinations to gain riches too quickly. APRIL 4 An impulsive nature starts many things that are left unfinished and finds you short of the success you can earn. Learn to concentrate on the work at hand and specialize. APRIL 6 One born of this date finds greatest success in combining efforts with others. You are not by nature a lone ·worker. Public service should find full expression for your talent and ability-federal work is suggested. APRIL 8 Here is an aptness to seek too inuch independence of others· who would be of ·help if you would be more trusting and friendly. Of a nervous temperament, you should cultivate relaxation. The world is not so serious. APRIL 10 Born of this date is a happy and joyful nature that will not take things seriously. Your inclination will be to become visionary and you may have difficulty settling down. in one place on one job. ------------APRIL 12 Born today is a good thi~ker and a good provider. Work to you should be a matter of enjoyment and helpfulness to others. You will learn easily and with study can go far as a teacher in commercial work. APRIL 14 You should cultivate application as your ability to create plans will cause great unrest and dissatisfaction w;ith your accomplishments. Your success will come more from planning than executing your plans. -------------APRIL 16 Born of this date is one of a freespending soul who saves neither himself nor his substance. You will have to guard against doing to01 much for others and too little for yourself. _Your f faculty of making friends is great. Page 251 APRIL 17 If you were born on this date you have a boundless capacity for work, a romantic mind, a leaning toward philosophy and a constant struggle to live on a higher plane. APRIL 19 Born of this date a sweet, sympathetic nature should· do well in welfare work where a good human understanding can best express itself. You will have no difficulty getting along with either rich or poor. APRIL 21 Yours is the ability to direct the work of others. As a personal producer you wili not go far unless· you build up the right association. Building trades offer a full expression for your natural abi· lity. APRIL 23 Out of life you will gain much, rather seeking to live fully than to attain great wealth or material progress. Your natural leaning toward selfish interest can best be overcome in do;ng for others. APRIL 25 Obstacles will mean nothing when placed in the path of one with such driving power and endurance. Yours. is a very positive nature. With both physical and mental far above average you should go far in success. APRIL 27 You should not be your own boss because you work best when following the leadership of others. Your interest and careful attention to details should make you a good accountant. APRIL 29 Born of this date you are sure of yourself with an inclination to pomp and ceremony with a love for fine clothes and society. Your ability to express yourself will do well in theatrical work. APRIL 18 Your fondness for outdoor life should lead to interest in exploration, mining or agriculture. Confinement should be avoided. Cultivate the happy habit of getting along with fvlks and do riot be too much with yourself, · APRIL 20 Learn to concentrate and overcome tbe inclination to have many interests at one time. Friends will endeavor to take advantage of an abundance of easy-going good nature. Railroad work and travel will interest you. APRIL 221 Your great success will come from activity in commercial ventures, because of your marked diplomatic ability and keen, active mind. Work that deals with the selling will profit you most. APRIL 24 Born this date is a great lover of investigation and research. You will refuse to accept things as you find them. Work in chemistry or food and drug analysis will best express your true bent. APRIL 26 One born· on this date is apt to be of a very serious nature that is deeply attached to religious work and given to the worry of how others leap their lives. Light reading is recommended with plenty of out-door life. -----------------APRIL 28 Indications are that you will be a leader of men, able to sway multitudes with oratory and convince them by logical conclusions. B!l!t results will come to you in the field of business. APRIL 30 Your life's interest will be centered in a home and family-a great home builder is born today with the understanding that creates· lasting love for children. This life should be spent on a farm. "There is quite as much education and true learning in the analysis of an ear of corn as in the analysis of a comple:r; sentence; ability to analyze clover and alfalfa roots savors of quite as much culture as does the study of the Latin and Greek roots." -0. H. Benson. Page 252 THE LOCAL GOVERNMENT REVIEW ,, 0