The Local Government Review

Media

Part of The Local Government Review

Title: The Local Government Review
Issue Date: Volume 1 (Issue No. 7) July 1949
Year: 1949
Language: English
Rights
extracted text: CITIZENSHIP DECALOGUE - -»:«- - I. Love God above all things. II. Place the welfare of your coun- ~ try and the common good above your own. III. Know · your Constitution; safeguard the rights it recognizes; conform to the duties it implies. IV. Obey laws; pay your taxes willingly and promptly. Citizenship implies not only rights hut obligations. V. Defend your honor and the honor of your country. VI. Recognize and obey parental and civic authority. VII. Be honest and truthful. VIII. Be industrious, diligent, and frugal. IX. Be kind and generous. X. Be observant of the personal and property rights of others. (From 1948 Constitution Day Poster) JULY, 1949 The Civic and Ethical Principles (Executfre Order No. 217, s. 1939) 1. Have faith in Divine Providence that guides the de$tinies of me•n and nations. 2 . LoYe your country for it is the home of your people, the seat of your affections, and the source of your happiness and well-being. Its defense is your primary duty. Be ready at all times to sacrifice .. and ,. die for it if necessary. ,___ ~ 3. Respect the Constitution which is the expression of your sovereign will. The government is your government. It has been' established for your safety and welfare. Obey the laws and see 'that they are observed by all and that public officials comply with their duties. 4. Pay your taxes wi,llingly and promptly. Citizenship implies not only rights but also obligations. 5. Safeguard the purity. of suffrage and abide by the decisions of the majority. · 6 . Love and respect your parents. It is your duty to serve them gratefully and well. · 7. Value your honor as you value your life. Poverty with honor is preferable to wealth with dishonor. 8 . 9. 10. 11. 12. 13. 14 . 15. IBe truthful and be honest in thought and in action. 'iBe just and charitable, courteous but dignified in your dealings with your fello\vmen. Lead a clean and frugal life. Do not indulge in frivolity or pretense. Be simple in your dress and modest in your behavior. Live up to !he noble traditions of our people. Venerate the memory of our heroes. Their lives point the way to duty and honor. Be industrious. 1 Be not afraid or ashamed to do manual labor. Productive toil is conducive to ecor.omic security and adds to the wealth of the nation. Rely on your own efforts for your progrern and h:.ippiness. Be not easily discouraged. :Persevere in the pursuit of your legitimate ambitions. Do your work cheerfully, thoroughly; and well. V{ork badly done is worse than work undone. Do not leave for tomorrow what you can do today. Contribute to the welfare of your community and promote social justice. You do not live for yourselves and your families alone. You are a part society to whlch you owe definite responsibilities. Cultivate the habit of using goods made in the Phi.Jippines. Patronize the products and trade of your countrymen. 16. Use and develop our natural resources and conserve them for posterity. They are the inalienable heritage of our people. Do not traffic with your citizenship. THE LOCAL GOVERNMENT REVIEW Document of Freedomll•lllllillllllUUlllllU1111111tllllllllllllll""'"'" ll1111111'1!11111111\!U lllllll ' lllli!llllllllllllll!L!llllllllllllllllllll:UIUlllllll l H~Hl\1UllllllU<lllUIUl l 11jjUll!UlllUWrnl '~ with~;;;;,~;~~~~~;;,~~~~~;,;~;:;.;~;~.~ :,e~;' ;:i ,_: ' , _, '-:, -. ris, and by the Treaty with Spain of November 7, 1900, did acquire so· l vereignty over the Philippines and by the Convention of January 2, 1'930, with Great Britain did delimit the boundary between the IP'hilippine archipelago and the State of North Borneo, and whereas the United St::ites of America has consistently and faithfully during the past forty-eight years exercised jurisdiction and control over the Philippines and its people, and . . W'HEREAS it has been the repeated declaration of the legislative and executive branches of the Government of the United States of America that full independence would be granted the Philippines as soon. as the people of the Philippines were prepared to assume this obligation, and WHEREAS the people of the Philippines have clearly demonstra~~tt their capacity for self-government, and WHEREAS the act of Congress approved March 24, 1934, known as the \Philippine Independence Act, directed that on the 4th day of July immediately following a ten•year transitional period leading to the inde· pendence of the Philipp,ines, the President of the United Sit.ates of Am· erica should by procJamatioill withdraw and surrender all rights of possession, s1.<pervision, jurisdiction, control or sovereignty of the Philippines except certain reservations therein and thereafter authorized to be made, and, on behalf of the United States of America should recognize the independence of the Phj,lippines; now therefore, I, Harry S. Truman, 1 President of the United States of America, acting under and by virtue of the authority vested in me by the the aforesaid Act of Congress, do proclaim that, in accord with and subject to the reservations provided for in the pertinent provisions of the existing acts of Congress, the United States of America hereby withdraws and surrenders all rights of posses· sion, supervision, jurisdiction, control or sovereignty now existing and exercised by the United States of tArnerica in and over the territory and people of the Philippines and on behalf of the United States of America, I do hereby recognize the incl,ependence of the Philippines as a separa~e ., and self-goverzying .nation and acknowledge the authority and control over " the same of the Government instituted by the people thereof under the " constitution ·now in force. IN WITNESS WHEREOF, I have hereu.nrt:o F.': set my hand and caused the sea1 of the United S.tates of America to be :; affixed. Done at the city of Washington this fourth day of July in the ,. year of our Lord nineteen hundred and forty-six and of the independence " of the United States of America, the one hundred and seventy-first. " HARRY S. TRUMAN = = By the President: DEAN ACHESON Acting Secretary of State :;:: II u """""'"'"'"'"""""'''""""'"'""' '"'" """ '""""'"'"" """""' ""'"""""""'"""""""""""'"'"" "'"'"""""'"""" '""'""'""""""''""'.:,::, ... f. (Read by U. S. High Commis&ioner Paul V. McNutt in the course of his speech on the inauguration of the Republic of the Phif;ippines, July 4. 1946, at the Luneta.) Page 350 THE LOCAL GOVERNMENT REVIEW Local government administration is a matter of good planning and study and its strength is largely measured by its capacity to solve internal problems. The solution of those problems depends much on experience, on observation and on assiduous study rather 'than on science or theory. There is need, therefore, of keeping those engaged in the administration of the affairs of a local political unit informed of, and familiar with, the progress that is being made in the organization .and functional Zif e of a community . Equally true is the need of apprising the members of that community of their duties and rights and of what those in the government are doing for them. To bring about these desirable ends, the "THE LOCAL GOVERNMENT REVIEW" fills such a void in the administration of our provinces, cities, and municipalities. I hope this publication will the more foster harmony and 'unity between the local governments and their citizens. For unity creates corporate spirit and undivided loyalty, thereby making, on one hand, the levels of control simple, direct, and effective and, on the other, the people to act more rationally on questions affecting their interests and welfare. While the primary burden of municipal administration rests upon the men at the topmunicipal and city mayors, provincial governors, department heads and their principal assistants, and the Chief Executiveyet the job is not theirs alone. The responsibility for better municipal management rests also upon the people themselves. upon civic organizations, upon teachers who are preparing their students for public service, and upon every provincial, city and municipal employee. In other words, it is not enough to say, as it is often said, that the government be brought closer to the people. The people themselves should also spiritedly come close, closer to their government. Let us all endeavor tq achieve such wholesome goal. July 19, 1949. ;JULY, 1949 N. ROXAS (Undersecretary of the Interior) Page 351 CODE FOR JUDGING AND CENSORING PICTURESc1> CRIMES AGAINST THE LJA WI These shall never ·be presented in such a way as to throw sympathy with the crime as against Jaw and justice or to inspire others with a desire for imitation. · 1. Murder: (a) The technique of murder must be presented in a way that will not inspire imitation. (b) Brutal killings are not to be presented in detail. (c) Revenge in modern times shall not be justified. Z. Methods of crime should not be explicitly presented. (a) Theft, robbery, safe-cracking, and d\Yllamiting of trains, mines, buildings, etc., should not be detailed in method. (b) Arson must be subject to the same safeguards. (c) The use of firearms should be restricted to essentials. (d) Methods of smuggling should not be presentedi. 3. Illegal drug traffic must never be presented. (Nor the portrayal of a dope fiend, wherein the act of taking a hypodermic injection, the inhaling of or eating of dope, is intended to show its effect upon a human being.) SEX The sanctity of. the institution of marriage and the home shall be upheld. '.Pictures shall not infer that low forms of sex relations are the accepted or common things. 1. Adultery, sometimes necessary plot material, must not be explicitly treated or justified, or presented attractively. 2. Scenes of passion should not be introduced when not essential to the plot. In general, passion should be so treated that these scenes do not stimulate the lower and baser element. (1) As 1»"escribed on Nov. 4, 1946, by the Board of Review fo•· Moving Pictu,.es. Page 352 3. Seductfon or Rape: (a) They should never be more than suggested, and only when essential for the plot, and even .then never shown by explicit method. (b) They are never the proper subject for comedy. 4. Sex perversion or any inference of it is forbidden. 5. Wbite slavery shall not be treated. 6. Miscegenation is forbidden. 7. Sex hygiene and venereal diseases are not subjects for motion pictures. 8. Children's sex organs are never to be exposed. VULGARITY The treatment of low, disgusting, unpleasant, though not necessarily eviT subjects should be always to the dictates of good taste and regard for the sensibilities of the audience. OBSCENITY Obscenity in word, gesture, reference, song, joke or by suggestion is forbidden. DANCES Dances which emphasize indecent movements are to be regarded as obscene. PROFANITY Pointed profanity or vulgar expressions, however used, are forbidden. COSTUME 1. Complete nudi1ty is never permitted. This includes nudity in fact or in silhouette, or any lecherous or licentious notice thereof by other characters in the pioture. 2. Dancing costumes intended to permit undue exposure or indecent movements in the dance are forbidden. . RELIGION 1. No film or episode may throw ridicule on any religious faith. 2. Ministers of religion, in their charaoter as such, should not be used as comic characters or as villains. 3. Ceremonies of any definite reli· gion should be carefully and respectfully handled. (Continued on next page) THE LOCAL GOVERNMENT REVIEW METHOD OF COLLECTING LI· CENS'E T A X E S - MUNICIPAL COUNCILS NOT AUTHORIZED TO MODIFY.-The license taxes prescribed in Ordinance No. 21, series of 1948, of the municipality of Tarlac are based upon the quarterly sales of the persons or 1 businesses liable thereto. As the quarterly sales may vacy, the collection of the said taxes would not be in ac· cordance with Secti.oni 2310 of. the Revised Administrative Code, which contemp:aites that municipal license taxes shall be fixed on annual basis susceptible of division into four equal parts, each of which ~hall be paid within the first 20 days of the qua11ter. Municipal councils are not authorized to change thiB method of fixing.municipal license taxes except in some ·specific cases. Any municipal ordinance altering or modifying this method of colleCJting municipal license-taxes, directly or indL rectly, is ultra vires and therefore invalid. (Opinion1 s Attorney General, NATIONAL FEELINGS Code 1. The use of the Flag shall be consistently respectful. 2. The history, institutions, prominent people and citizenry of other nations shall be represented fairly. ("Films or parts of films tha.t are indecent, immoral, or that lower the prestige of the people or Government of the Philippines are also prohibited.) TITLES Salacious, indecent or obscene titles shall not be used. REPELLENT SUBJECTS The.following subjects must be treated within the careful limits of good taste: 1. Actual hangings, or electrocutions as legal punishmenits for crime. 2. Third degree methods. 3. Brutality and possible gruesomeness. 4. Branding of people or animals. fl Apparent cruelty to children or animals. 6. s.urgical operations. JULY, 1949 dated May 7, 1920 and August 31, 1932). In view of the foregoing, rthe municipal council of Tarlac should be requested to modify its Ordinance No. 21, series of 1948, by fixing the graduated licenBe taxes oni the basis of the annual sales realized during the preceding calendar year, so that the collection thereof may be made in accordance :with the said Section 2310 of the Revised Administrative Code.-2nd Ind., April 26, 1949, of Undersecretary of Finaxnce to Prov. Treas. of Tarlac. DRESSM!AKING OR FASHION SCHOOLS-MUNICI'P AL COUNCILS MAY TAX.~W!ith reference to your l~tter dated August 19, 1948, requesting the refund of the municipal license tax collected from your dressmakiil!g school on the ground that the Ordinance imposing the said tax is null and void, I have the honor to a,d'vise tha;t the muJllicipal councils are authorized. to tax dressmakinig or fashion schools, under the provisions of Commonwealth Act No. 472. Your contention that Republic Act No. 74, authorizing the Secretary of Education to levy an equita· ble assessment from each private iJllstitution equivalent to one per cent of the total amount accruing from tuition. and other fees, has abrogated the power of the municipal council fo tax private schools is untenable, as under our systP.m of taxation, certain businesses and occupations may _ be taxed · by both the National Government and the local governments. I am enclosj.Jllg herewith a copy of. our letter dated July 21>, 1947, hoiding that fashion schools are tax· able. In ¥Jew of the foregoing, it is regre~ ted that no favorable action could be taken on your request.-Letter dated JanUJar!f 18, 1949, of Secretary of Finance to Mr. D. A. Hernamdez of San i/i'ernando, Pampanoa.. JD : TAX EXEMPTION REFERS ONLY TO LANDS, 1BUILDINGS AND IMPROVEMENTS USED EXCLU· SIVELY FOR EDUCATIONAL PURPOSES.-This refers to your letter, Page 353 dated January 10, 1947, requesting information as to whether, despite the constitutional provisions exempting educational institutions from taxation, fashion schools are still taxable. The jJertinent provisions of our Constitution, which are practically the same as those of Section 3 of Commonwealth Act No. 470, read as follows: "Cemeteries, churches, and' parson' ages or convents appurtenant thereto, and all lands; buildings, and improvements used exclusively for reIig:ous, charitable, or educational purposes." It will be noted· rthat the tax exemption refers only to the lands, buildings and improvements used exclusively for educational purposes. There ii;; nothing in the law which would warrant the ex·emption from any other tax of rthe business or occupation conducted by or engaged in by educational institutions. As under Commonwealth Act No. 472, !ocal governments are authorized to impose license taxes· on businesses, occupations or privileges, not expressly ex· -~mpted under Section 3 thereof, educa"tional institutions are subject to local tax·ation. It cannot be gainsaid that "fashion schools" are operated for busir.ess pu.rposes and they are not among the businesses exempted' in Section 3 of Commonwealth Act No. 472 from municipal taxation. Your query is, therefore, hereby answered in the affirmatiove.- LeUer dated July 25, 1947 of Sec. of Finance to MJ'.s.s Luisa F. Libatique of Quezon City. TRANSFERS FROM MUNICIPAL GENERAL FUND AUTHORIZED IN ADVANCE BY SECRETARY OF FINANCE.- Respectfully returned to the 'Provincial Treasurer, Naga, Camarines Sur, inviting attention rto the following provisions of Provincial Circular (Un· numbered) dated December 15, 1938 of this Department, authorizing in advance transfers from the municipal general fund authorized by the Municipal THE ASSISTANT PROVINCIAL TREASURERS Page 354 THE LOCAL GOVERNMENT REVIEW Council and approved by 1 the Provincial Treasurer: "(e) Transfers of funds.Under the provisions of Commonwealth ,Acts Nos. 229 and 230, advance ap· proval of transfers from the provincial general fund, authorized by the provincial board and concurred in by the provincial treasurer, and of transfers from the municipal general funds, authorized by the municipal council and approved by the provincial treasurer is hereby given. Care should be taken that the essential activities, the expenses of which are defrayed from the provin· cial and municipal general funds, are not impaired or curtailed on account of the 1ransfers to be thus made. Transfers made under this authority should be reported to the Department. How· ever, transfers made from the special funds and those in which there is a dis· agreement between the provincial board and the municipal council on the one hand and the provincial treasurer on the other shall continue to be submitted to the Department for approval. In order to avoid delay, aU ca:ses should be forwarded immediately to i this Depart· ment."--4th Ind., May 3, 1946, of Sec. of Finance. RETIREMENT UNDER ACT 4183 -.WHEN MAY BE APPROVED.Respecifully returned, thru the Ptov' incial Governor, to the Municipal Ma· yor, Ba,Janga, Bataa·n, inviting attern· tion to the following excerpt from the minutes of the 125th meeting of the Cabinet held on September 25, 1947: "The Chief of the Executive Office submitted the matter pertaining to retirement cases under Act No. 4183, as amended, upon which, up to this time, no definite ruling has been adopted by the Caibinet resulting in the accumulation of such retirement cases not only in 1 the Executive Office but also in the Department of the Interior. After a lengthy discussion on the tyipical cases, the Cabinet decided categorically that beneficiaries under Act No. 4183 should, in every JULY, 1949 case, have been separated from the service by reason of a real and bona fide reorganization and not by mere replacement with younger personnel under Section 1 of said Act,.as amended by Commonwealth Act No. 623"; in view of which 1 it is regretted that favorable action cannot be taken on the proposed retirement under Act 4183, as amended, of the .late I1 saac Kintos who applied for retirement in 1941 due to old age and ill health and not because he was separated from the service by reason of an actual reorgan· ization thereof, as required by express provision of law.-12th Ind., Avril 7, 1948, of Sec. of the Int. BOUNDARY OF A PROV:INCEMODIFICATION OF SHOULD lB\E THROUGH LEGISLATION.-A modi· fication of the territory or boundary of a province can be made only with the prior legislative authorization, pur· suant to the provis.ions of. Section 68 of the Revised Administrative Code. As above shown, no modification of the Agusan-Surigao boundary as fixed in Section 56 of the Administrative Code is intended by the issuance of Executive Order No. 290. Even if it had been the intention to modify this boundary, it could take effect only with prior legislative authorization. Evidently there was no such authorization in this case.-lst Ind., May 21, 1949, of Undersecretary of the fot. to Pro.vincial Board of Surigao. i························ ~ T. SILVERIO Y DE CASTRO ~ Provincial Auditor ~ ~ ~ ~ ~ San Fernando, La Union Attorney and Counsellor at Law Certified Public Accountant ~~ j • Bintog, Plaridel, Bulacan Tabaco, Albay. l ...................................................... ~.J Page 355 New LegislationUNPAID INTERESTS CONDONED First Congress of the Republic) H. No. 2699 of the Philippines ) Fourth Session ) Begun and held in 'the City of Manila on Monday, the twenty-fourth of January, nineteen hundred and forty-ni>ne [Republic 'Act No. 401] AN ACT TO CONDONE ALL UNPAID INTERESTS ACCRUING FROM JANUARY·FmST NINETEEN HUNDRED AND ,FORTY-TWO TO DECEMBER THIRTY-.FIRST NINETEEN HUNDRED ~ND FORTY-FIVE ON ALL OBLIGATIONS OUTSTANDING ON DECEMBER EIGHT, NINETEEN HUNDRED AND FORTY-ONE, AND TO APPLY PAYMENTS OF INTERESTS PAID AFTER 'FEl,&BRU!ARY TWIENTY-EIGHT, NINETEEN HUNDRED AND FORTY-FIVE, TO THE PRINCIPAL OBLIGATION IF STILL OUTSTANDING, ·IN CERTAIN CASES. Be it enacted by the Senate and House of Representatives of the Philippines fa Congress assembled: Section 1. Declaration of policy.Rehabilitation of those who have suffered the ravages of war constitutes a prime concern of the Government. In .-order to afford oppor,tunities to debtors .of the Government or Government-own. ed or controlled cor,porations to reha·p;'itate themselves, and to enable them t-0 pay their pre-war obligations under 'terms r.nd conditions beneficial to them, it is the declared policy of the State that the condonation of interests conlemplated herein be extended. Sec. 2. All unpaid interests in favor of the Government or Government-owned or contro1led corporations accruing from the first day of January, nineteen hundred and forty-two .to the thirtyfirst day of December, nineteen' hundred and forty-five, on aU debts and oiher obligations outstanding on the eighth day of December, nineteen humdred and forty-one, shall not be d'emandaible and are hereby condoned in the following cases : (a) When the debtor was unable to pay an oh ligation which became due and rl<>mllmlable, or interests which should have been paid during the said_ period because of the refusal of rthe lattPr to accept payment or because of Page 356 the failure of the creditors to open for lrnsiness during the said period~ (b) When the debtor was unable to pay an obligation which became due and demandable, or interests which should have been paid, during the said period because he was prevented from doing so by reason of his activity in the resistan:ce movement against the enemy or his imprisonmernt, arre.st or detention by the said enemy resulting in his inability to freely pursue his normal work. (c) When the debtor was unable to pay an obligation which became due and demandable, or interests which should have been paid during the said period because of penury caused by the ravages of rthe war, financial restrictions imposed by whatever author. iiy in connection with rthe prosecution by the enemy of the war, or loss of. his ordinary sources of income or control over them as a result thereof. (d) When the debtor was unable to pay an obligation which became due and demandable, or the interests which should have been paid during the said period because the assets of the creditor were under the conrtrol of the enemy and/or administered through the soTHE LOCAL GOVERNMENT REVIEW calied Enemy Alien Property Custodian or other enemy instrumentality, <ind the debtor paid the interes,ts to it in the belief that such payment was valid and effective payment to the creclitor or because of fear .that failure to comply with the demand would lead to reprisals on his person or property. Sec. 3. All interests paid on account of debts or other obligations oufotandi11g on the eighth day of December, nineteen hundred and forty-one corresponding to the period from the first day of Janu:iry, nineteen hundred and for,tytwo to the thirty-first day of December nin1 eteen hundred and fo~·ty-five, by th~ debtors mentioned in section one hereof, shall be applied in payment of the principal obiigation, if same is still outstanding and if the _payment is made from or after February 28, nineteen hundred and forty-five to the date of of the effectivity of this Act. Sec. 4. This Act shall take effect fi fteen days after its publication in the Official Gazette. Approved June 18, 1949. JULY, 1949 PRONUNCIAMENTOS MANUELL. QUEZON-There is one thought which I want you always to have in mind, and that is: That you are Filipinos, that the Philippines is your country and the qnly country God has given you; that yo·J must keep it for yourselves, for your children, and your children's children, until the world is no more; and that you must .Jive for it ;::nd die for it, if necessary. * APOLIN ARIO MABINI-Thou shalt lov·e thy country after God and thy honor more than thyself: for she is the only Paradise which God has given thee in this life, the only patrimony of thy race, the only inheritance of thy ancestors and the only hope 0f thy posterity; because of her, thou hast life, love and interests, happiness, honor and God. * :j< * ,ANTONIO LUNA-The F'ilipino people want independence; I will defend, unW I ext:rnst the last recourse. the c<:_use of my country, thus compiying with the oath to my flag. * MANUEL A. ROXAS-With the help of God, Jet us build in this our land a monument of freedom and to justice, a beacon to all mankind. * T. H. PARDO DE TAVERA-In orcer to make possible the liberation of the genuine Filipino soul which lives in our masses, we must establish a constructive system of instruction and educat_ion of an independent individuali ty, free from ~he unnat:.Jral pressure which represses the reason of man and subjects it to the reason of another Liv means of religious, political, or soci;t dogmas. * * F~ANCISCO SANTIAGO-It is always my desire to inculcate our music in our people from an early age ~o that when __they grow up they may know and appreciate what is ours and thus understand the real meaning of patriotism. * * * Page 357 CONSTITUTION OF THE PHILIPPINES (A• amended by Resolution Numbe-l'ed Thirty-nine adopted by the Second Nutiu 1 wl Assembly on the fifteenth day of Septembe?', nineteen hundred and thirty.nine. and approved by the President of the United States on the tenth day of Novern·· ber, nineteen hundred and thirty.wine. and by Resolution Numbered Seventy-tlwee adopted by the Second National Assembly on the eleventh day of April, nineteen hundred and forty, and approved , by the President of the United States on the second day of December, nineteen hundred and forty.) The Filipino people, imploring the l'id of Divine Providence, in order to establish a government that shall embody' their ideals, conserve and develop the patrimony of the nation, promote the ·general welfare, and secure fo themselves and their posterity the blessi r:gs of independence under a regime vf justice, liberty, and democracy, do ordain and promulgate th\s Constitution. ARTICLE !.-THE NATIONAL TERRITORY Section 1. The Philippines comprises all the territory ceded to the United States by the Treaty of Paris concluded between the United States and Spain on the tenth day of December, eighteen hundred and ninety-eight, the ldmits of which are set forth in Article III of said treaty, together with aU the islands embraced in the treaty concluded at Washington, between the the United States and Spain on the seventh day of November, nineteen hunc ired, and in the treaty concluded bet·ween the United States and Great Britain on the second day of January, nine_ teen hundred and thirty, and all territory over which the present Governnient of the Philippine Islands exercises jurisdiction. ARTICLE IL-DECLARATION OF PRINCIPLES Section 1. The Philippines is a republican state. Sovereignty resides in the people and all government authority emanates· from them. Sec. 2. The defense of the State is !t prime duty of government, and in the fulfillment of thi.s duty aill citizens may he required by law to render personal military or civil service. Sec. 3. The Philippines renounces Page 358 v.rar as an instrument of national policy, and adopts the generally accepted principles of international law as part of the .Jaw of the Nation. Sec. 4. The natural right and duty of parents in the rearing of the youth for civic· efficiency should receive the aid and support of . the Government. Sec. 5. The promotion of social justice to insure the well-being and economic security of all the people should be the concern of the State. ARTICLE III.-BILL OF RIGHTS Section 1. ( 1) No person shall be deprived of life, .Jibel"ty, or property withocit due proce:os of law, nor shall any person be denied the equal protection of the laws. (2) Private property shall not be taken for public use without just compensation. (3) The right of the people to be secU're in their per.sons, houses, papers, and effects against unreasonable searchES and seizures shall not be violated, nnd m> warrants shall be hi1sued but upon probable cause, to be determined by the judge after examination under oaith or nffirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched, and the persons or things to be seized. (4) The libe11ty of abode and of changing the same within the limits prescribed by law shall not be impaired: (5) The .privacy of communication and correspondence shall be inviolable except upon lawful order of the court cir when public safety and order require otherwise. (6) The right to form associations or societies for purposes not contrary to law shall not be abridged. THE LOCAL GOVERNMENT REVIEW (7) No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof, and the free exercise and enjoyment of re· JigioU's profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. (8) 'No law shall be passed abridging the freedom of speech, or of the press, or the right of the people peace· ably to assemble and petition the Government for redress of grievances. (9) No law granting a title of nobility shall be enacted, and no person hc>lding any office of p:::'ofit or trnst shall, without the consent of i the Con· gress of the Philipi>ines, .accept any present, emolument, office, or title of any kind whatever from any foreign state. (10) No law impairing rthe obligation of contracts shall be pa.ssed. (11) No ex post facto law or bill of attainder shall be enacted. (12) No person sha]l be imprisoned for debt or nonpayment of a poll tax. (13) No involuntary servitude in any form shall exist except as a punishment for crime whereof the party shall have been duly convicted. (14) The privilege of the writ of. habeag corpus shaJ.l not be suspended except in cases of invasion, insurrec· tion, or rebellion, when the public safety requires it, in any of which events the same may be suspended wherever during ·such period the necessity for such suspension shall exist. (15) No person &hall be held to answer for a criminal offense without due process of law. (16) ,A)) persons shall before con· viction be bailable by sufficient sureties, except those charged with capital offenses when evidence of guilt is strong. Excessive bail shall not be required. (17) In all criminal prosecutions the eccused shall be presumed to be inno· cent until the contrary is proved, and JULY, 1949 shall enjoy the right to be heard by himself and cou·ns·el, to be informed of the nature and cfluse of the a.ocusation against him, to have a speedy and pu• blic trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of wi.~nesses in his behalf. (18) No person shall be compelled to be a witness against himself. (19) Exces.s<ive fines shall not be imposed, nor cruel and unusual punjshment inflicted. (20) No person shall be twice put in Jeopardy of punishment for the same offense. · If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. (21) Free access to the courts shall not ibe denied to any person by reason of poverty. ARTICLE IV.- CITIZENSHIP Section 1. The following are citizens of the 'Philippines: (1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution. (2) Those born in the Philippir1e Islands of foreign parents who, before the a·doption of this Constitution. had been elected to public office in the Phil· ippine Islands. (3) Those whose fathers are ci'.'.zens of the Philippines. (4) Those whose mothers are citizens of the Phi.lippines and, upon r•iach· ing the age of majority, elect Philip" ine citizenship. (5) Those who are naturalized in accordance with law. Sec. 2. Philippine citizenship may be lost or reacquired in the manner prodded by law. ARTICLE V.~SUJi1FRAGE Section 1. Suffrage may be exercised by male citizens of the Philippines not otherwise disqualified by law who are twenty-one year& of age or over and are able to read and write, and who shall have resided in the Philippines for one year and in the municipality wherein Page 359 they propose to vo.te for at least six months preceding the election. The National Assembly shall extend the ri!1_·ht of suffrage to women, if in a plebiscite which shall be held for that purpose within two years after the udoption of this' Constitution, not Jess, than three hundred thousand women possess.ing the necessary qualifications shall vote affirmatively on the question. I - I ARTICLE VI.-LEGISLATIVE DEPARTMENT Se.ction 1. The Legislative power shall be vested in a Congress of ithe Philippines, which shall consi,st of a Senate and House of. Representatives. Sec. 2. The Senate shall be composed of twenty-four Senators. who shall be chosen at large by the qualified electors of the iFhilippines, as may be provided by law. Sec. 3. The iterm of office of Senators shaH be six years and shall begin on the thirtieth day of December next following their election. The first Sen· ators elected under the Constitution shall. in the manner provided by law, be divided equally into three groups, U.e Senators of the first group to serve for a term of six years; those of the second group, for four years; and those of the third group, for two years. Sec. 4. No person shall be a Senator unless he be a natural-born ci>tizen of the Philippines and, at the time of his election, is at least thirty-five years of age, a qualified elector, and a res·ident of the Philippines for not less than two years immediately prior to his election. Sec. 5. The House of Representatives shall be composed of not more than one hundred and twenty Members who shall be apportioned among the several provinces as nearly as may be according ito the number of their respective inhabitants, bwt each province shall have at least one Member. The Congress shaH by law make an apportionment within three years after the return of every enumeration, and not otherwise. Until such apportio,nment shall have been made, the House of Page 360 Representatives shall have the same number of ·Members as that fixed by kw for the National Assembly, who shall be elected by ,the qualified electors from the present Assembly districts. Each representative district shall comprise, as far as practicable, contiguous ar.d compact terrifory. Sec. 6. The term of office of the Members of the House of Representatives shall be four years and shall begin on tl;ie !thirtieth day of Decem· ber next following their elecition. Sec. 7. No person shaH be a Member of the House of Representatives unless he be a · natural-born citizen of the l'hilippines and, at the time of hi& election, is at leas't twenty-five years of age, a qualified elector, and a resident of the prnvince in which he is chosen for not less than one year immediately prior to his election. Sec. 8. (1) Elections' for Senators hnd Members of the House of Represenitatives shall be held in the m~.nner and on the dates fixed by law. (2) In case of vacancy in the Senute or in the House of Representatives, a special election may be called t;o fill such vacancy in the manner prescribed by law, but the Senator or Member of the House of Representhtives thus elected shall serve only for foe wnexpired term. Sec. 9. The Congress shall convene in regular session once every year on the fourth Monday of January, unless a diffenmt date is fixed by law. It r.1ay be called in special sess,ion at any time by the President to consider general legislation or only such subjects as he may designate. No special session shaH continue longer than thirty days, a,nd no regular session longer than one hundred days, exclusive of Sundays. Sec. 10. 0) The Senate shall elect its President and the House of Representatives its Speaker. Each House shall choose such other o ~ficers as may be required. (2') A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from THE LOCAL GOVERNMENT REVIEW day fo day and may compel the attendar.ce of absent Members in such manner and under such penalties as such House may provide. (3) Each House may determine the rules of its pruceedings, punish its Members for disorderly behavior, a nd, with the concurrence of twot hirds of all its Members, expel a Member. ( 4) Each House shall keep a Journal of its proceedings, ·and from time • to to time publish the same, excepti1,g such parts as may in its ji;dgment re· qu ire secrecy; an.ct the yeas and nays on any question shall, at ·the request of one-fifth of the Members present, be entered in the Journal. (5) Neither House during the sessions of the Congress shall, without t he consent of .the other, adjourn for n.ore tha.n three days, nor to any other place than that in which the two Houses shall be sitting. Sec. 11. The Senate and the House o( Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qual·ifica,tions of their respective Members. Each E lec· toral Tribunal shall be c·omposed of nine Members, three of whom shall be J urstices of the Supreme Court to be designated by the Chief Justice, and the i·emaining six shall be Members of the Senate or of the House of Represent· a tives, as the case may be, who shall be chosen by each House, three upon nomination of the par:v having 1he iarg£st number of votes and three of the party having the second largest 1rnml:::er of votes therein. The seni01 · Justice in each Electoral Tribunal shall be its Chairman. Sec. 12. There shall be a Commission on Appointments consisting of hvelv-e Senators and twelve Members of the House of Representatives, elected by each House, respectively, on the basis of proportional representation of the political parties therein. The 'President of the Senate shall be the Chairman ex-officio of • the Commission. but shall 110t vote, except in case of. tie. JULY, 1949 Sec.- 13. The Electoral Tribunals and the Commission on Appointments shall be constitu·ted wit(lin thirty days after the Senate and the House of Representatives shall ha\"e been organized with the election of their President and Speaker, respectively. The Commission on Appointments shall meet only while the Congress is in session, at the call of its Chairman or a majority of its Members, to discharge such powers and functions as are herein conferred upon it. Sec. 14. The Senators and the Members of the House of Representaitives s)ha,11, unless otherwise provided rby l::!w, receive an annual compensation of seven thousand two hundred pesos each, including per diems and other emolu· nrnnts or allowances, and exclusive only of traveling expenses to and from their res.pective districts in the ·case of Members of the House of Representatives, and to and from their places. of residence i.n the case of Sena,tors, when. attending sessions of the Congress. No iucrease in said compensation shall take effect until after the expiration of the full term of all the Members o( the Senate and of the House of Represent· atives approving such increase. Until otherwise provided by law, the President of the Senate and the Speaker of the House of Representaitives shall t'ach receive an annual compensation of sixteen. thousand pesos. Sec. 15. The Senators and Members of the House of Representatives shall in all cases except treason", felony, and treach of the peace, be privileged from arrest duri<ng • their attendance at the sessions of the Congress, and. in going to and returning from the same, and for any speech or debate therein, they shall not be questioned in any other p~.ace. Sec. 16. No Senator or Member of the House of Representativ·es may hold any other office or employment in the ·Government without forfeiting his seat. ,0 or shall any Senator or Member of the House of Representatives, during the time for which he was elected, bo appointed to .rny civil office which may have been created or the emoluments Page 361 whereof shall have been increased whil~ he was a Member of the Congress. Sec. 17. No Senator or Member of the Eouse of. Representatives shall di- . rectly or indirectly be finaincially inr terested in any contract with the Gov· ernment or any subdivision or instrumentality thereof, or in any franchise or special privilege granted by the Congress during his term of office. He shall not appear as counsel before the Electoral Tribunals or before an} court in any civil case wherein tht Government or any subdivision or iustrumentality thereof. is i the adverse party, or in any criminal case wherein an officer or employee of the Gov~rn ment is accused of an offense coT~mit· ted in relation to his office, or collec1 any fee for his appearance· in any administrative proceedings, or accept employment to intervene in any cause or matter where he may be called upon to act on account of his office. No Member of 1 the Commission on ApJiointments shall' appear as counsel before any court inferior to a collegiate court of. appellate jurisdiction. Sec. 18. All appropFiation, revenue or tariff biJ.ls, bills authorizing increase of the public debt, bills of local application, and private bills, shall originate exclusively in the House of Representati.ves, but the Senate may propose or concur with amendments. Sec. 19. (1) The President shall submit within fifteen day.s of the opening of each regular session of the Congress a budget of receipts and expenditures, ,:. hi ch shall be the basis of the general appropriation bill. The Congress may noi t increase the appropriations recommended hy the President for the operation of the Government as specified in the Budget, except the appropriations for the Congress and the Judicial Depa11tment. The form of the Budget and ~he information that it should contain shaU be prescribed by law. (2) No provision or enactment shall be embraced in the genera! appropriation bi.JI unless it relates specifically to some panticular appropriation therein; and any such provision or enactment shall be limited in its operation to such Page 362 appropriation. Sec. 20 (1) Every bill passed by the Congress shall, before it beoomes a law, he presented to the President. If he approves rthe same, he shall sign it; but if not, he sha.Jl return it with his objections to the House where it originatHl, which shall enter the objections at large on its Journal Mid proceed to reconsider it. If, after such recons1 ideration, two-thirds of all the Members of · such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of an the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas and nays, and the names of the Members ~"oting for a·nd against shall be entered on its Journal. If any bill ·shaU not be returned by the President as herein provided within twenty days (Sundays excepted) after it shall have been presented tn him, i the sarne ·Shall become a law in like manner as if he had sign. ed it, unless the Congress by adjournment !Jrevent its return, in which case it shalf become a law unless vetoed by the President within thirty days after adjourn_ ment. (2) The President sha11 have :the power to veto any particular item or items of an appropriation bill, but the veto shall not affect the item or i1 tems to which he does not object. When a provision of an appropriation bill affects one or more items of the same, the President cannot veto the provision without ak the same tir:ie vetoing the particular item er items to which it relwtes. The item er items objected to ·shall not fake effect except in the manner heretofore provided as to bills teturr.ed to the Congress without the approval of the President. If the veto refers to a bill or iiny item of an appropriation bill which <.ppropriates a sum ii: exces-s of 1 !en pe1· centum of the total amournt voted in the appropriation bill fo.- the general expenses of the Government for the preceding year, or if it should refer to a bill authorizing an increase of the public debt, the same shall not become a Jaw THE LOCAL GOVERNMENT REVIEW unless approved by three-fourths of all the Members of each House. (3) The President shall have the power to veto any separate item or items in a r~venue or tariff bill, and the item or items vetoed shall not take effect exCACpt in the manner provided as to bills vetoed by the President. Sec. 21. (1) No bill which may be e!1acted into law shall embrace more than one suhject which shall be expressed in the ti·tle. of. the bill. (2~ No bill shall be passed by either House wnless· i·t shall have been printed and · copies thereof in its final form furnished its Members at least three calendar days prior to its passage, ex· cept when the President shall have certified to the necessity of its immediate enactment. Upon the· last i'eading of a 1..dll no amendment thereof shall be allowed, and the question upon its paswge shall be taken immediately thereafter, and the yetis and nays entered on the Journal. Sec. 22. (1) The rule of taxation shall be uniform. (2) The Congress may by law authorize the President, ·subject to such limitations and restrictions as it may irr.pose, to fix, within specified limits, tariff rates, import or exporit quotas, and tonnage and wharfage d:.ies. (3) Cemeteries, churches, and parson_ ages or convents appurtenant thereto, and all lands, buildings, and improveDenrts used exclusively for religiom, charitable, or educational purposes shalJ be exempt from taxation. Sec. 23. (1) All money collected on anv tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general fonds of the Government. (2) No money shall be paid ouit of !.he Treasury except in pursuance of an appropriation made by law. (3) No public money or property shall ever be appropriated, applied, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian inJl!LY. 1949 st.itution, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher, or dignitary as such, except when such pri()st, preacher, minister, or dignitary is assigned to the armed forces or to any penal institution, orphanage, or leprosarium. Sec. 24. The heads of departments upon' their own initiative or upon the request of either House may· appear before and be heard by such House on any matter pertaining to their depart!r.enits, unless the public interest shall require otherwise and the 1 Pres·ident shall so state in writing. Sec. 25. The Congress shall, with the concurrence of two-thirds of all th~ Members of each House, have the sole power to declare war. Sec. 26. In times of war or other national emergency, the Congress may by .law authorize the President, for a limited period and subject to such resfrictions as it may prescribe, to promulgate rules and regulations to carry out a declared national policy. ARTICLE V'II.-EXECUTIVE DEPARTMENT Section 1. The Executive power shall be vested in a President of the Philippines. Sec. 2. The President shall hold his cffice during a term of four years and, together with the Vice~Presid'ent chosen for the same term, shall be elected by direct \Ote of the people. ·The returns of every election for President and Vfoe-Presi<lent, duly certified by the board of canvassers of each province or city, shall be transmitted to the seat of the Na ti on al Government, directed to the President of the Senate, who shall. in the presence of the Senate and the House of Representatives, op211 all the certificates, and the rntes shall then be counted. The persons respectively haviPg the nighest number Of votes for President and Vice-President shall be C:eclared eleo!£·d; but in case two or more shall have an equal and the highesit number of votes for either office, one of them shall be chosen President or Vice-President, as the caee may be, by a majority \'ote of the Members of the Page 363 Congress in joint session assembled. Sec. 3. No person may be eleoted to the office of President or Vice-President unless he be a natural-born citizen of the Philippines, a qualified voter, forty years of age or o.ver, and has been a resident of the 'Philippines for at least te11 years immediately preceding the election. Sec. 4. Elections for Fresident and Vice-President shall. be held once every fou·r years on a date to be fixed by law. The terms of the President and VicePresident shall end at noon on the thirtieth day of December following the expiration of four years after their election, and the terms of their successors shalJ. begin from such time. Sec 5. No person shall ser ve as President for more than eight consecutive years. The period of such service shall be counted from the date he shall have commenced to act as President. Voluntary renunciation of the office for any length of time shall not be considered as an interru.ption in the continuity of the service of the incumbent for • the full term for which he was ~l ected . Sec. 6. If, at the time fixed for the beginning of the term of the President, the President-elect shall hnve died, the Vice-President-elect ·shall become President. If a ·President shall not have ·been chosen before ·the time fixed for the beginning of his term, or if the President-elect shall have failed to qualify, then the Vice-President shall act as President u·ntil a President shall have qualified, and ·the Congress may by law provide for the case wherein neithe1· a President-elect nor a Vice· President-elect shall have qualified, declaring who shall then act as President, -or • the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice-President shall have qualified. Sec. 7. Before he enter on the execution of his office, the President shall lake the foHowing oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as Presidemt of t~ Philippin~s, preserve and ~e fend its Constitution, execute its Page 364 laws, do justice to every man, and consecrate mys~lf to ·the service of the Nation. So help me God." (In case of affirmation, last sentence will be omitted.) Sec. 8. In the ev·ent of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President, and the Congress shall by law provide for the case of removal, deaith, resignation, or inabili: ty, both of the President and Vice-'Fresident, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. Sec. 9. The President shall have an cfficial residence and receive a compensation to be ascertained by law which shall be neither increased nor diminished during the period for which he shall have been el• ected, and he shall not receive within tha,t period any other emolument from the Government or any of its subdivisions or instrumentr,lities. Until the Congress shall provide otherwise, ,the President shall receive an annual salary of thirty thousRnd pesos. The Vice"President; when not acting as President, shall receive a.n annual compensation of fifteen thousand pesos· until otherwise provided by law. Sec. 10. (1) The President shall h1 we control of aJ.I the executive deparL ments, bureaus·, or offices, exercise general superV'ision over all local governments as may be provided by law, and take care that the laws be faithful'ly executed. (2) The President shall be commander-in-chief of all armed forces of the Philippines and, whenever i• t becomes nece~&ary, he may call out such armed forces to prevent or suppress lawless violence, invasion, insurrection, or rebellion. In case of inv·asion, insurrection, or rebellion, or imminent danger thereof, when the public safety iequires it, he may suspend the privi· leges of the wri• t of habeas corpus, or place the Philippines or any part theri'THE LOCAL GOVERNMENT REVIEW of under martial Jaw. (3) The President shall nominate and with the consent of the Commission on Appointments, shall appoint the heads of the executive departments arid bureaus, officers of the Army from tht: r:rnk -of colonel, of the Navy and air forces from the rank of captain or commander, and all other officers of the Government whose appointments are not herein otlwrwise provided for, and those whom he may be authorized by law to appoint; blJt the Congress may by .Jaw vest the appointment of. inferior officers, in the President alone,_ in <the courts, or in the heads of departments. (4) The President shall have the power to make appointments during the recess of the Congress, but such ap· pointments shall be effective only until disapproval by the Commission on Appoi·ntments or until the nexit adjournment of. the Congress. (5) The President shall from time to time give to the Congress information of <the state of the Nation, and recommend to its consideration such measures as he shall judge neces• sary and expedient. (6) The President shall have the power to grant reprieves, commutaitions, and pardons, and remit fines and forfeitures, af.ter conviction, for all offenses except in cases of impeachment, upon such conditions and with such restrictions and limitations as he may deem proper to impose. He shall have the - power to grant amnesty with the concurrence of the Congress. (7) The 1 President shall have the power, wi1 th the concurrence of twothirds of all the Members of the Senate, to make treaties, and with the consent of. the Commission on Appointments, he shall appoint ambassadors, other public ministers, and consuls. He shall receive ambr.ssadors and other public ministers duly accredited to the Government of the Philippines. Sec. 11. (1) The executive depa1,tments of the present Government of the Phnippine loslan<ls shall continue as now authorized by law until the Congress shaH provide otherwise. JULY, 1949 (2) The heads of departments and chiefs of bureaus or offices and their ~ssist2nts shall not, during their con· tinuance in office, engage in the practice of [.ny profession, or intervene, directly or indirectly, in the management or control of any privaite. enterlJrise which in any way may be affected by the functions of their office; nor shall they, directly or indirectly, be financin.Jly interested in any conltract wi1 lh the Government, or any subdivision or insitrumentality thereof. (3) The President may appoint the Vice-:President as a member of his cabinet and also as head of an executive department. ARTICLE VIII.-JUDICIAL DEPARTMENT Section 1. The Judicial power shall be vested in one Supreme Court and i.n such inferior courts as may be established by law. Sec. 2 The Congress shall have the power' to define, prescribe, and apportion the jurisdiction of the various courts, but may not deprive the Supreme Court of its original jurisdiction over cas·es affecting ambassadors, other public ministers, and consuls, nor of its jurisdiction to review, revise, re~-erse, modify, or affirm on appeal, certiorari, or writ of error, a•s <the law or the rules of court may provide, final judgments and decrees of. inferior <'Ourts in(1) All cases in which the constitutionality or validi. ty of any. treaty, law, ordinance, or executive order or regulations is in quesition. (2) All cases involving the JegaJi.ty of any tax, impost, assessment, or toll, or any penaJ.ty imposed in relation thereto. (3) All cases in which the jurisdiction• of any tria:! court is in issue. (4) "All criminal cases in which the penalty imposed is death or life imprirnnrnent. (5) All cases in which an error or question of law is involved. Sec. 3. Until the Congress shall provide otherwise, the Supreme Court shall have such original and appellate jurisdiction as may be possessed and exPage 366 ercis·ed by the Supreme Court of the Philippine Islands at the time of the adoption of this Constiitution. The ori· ginal jurisdiction of the Supreme Court shall include all cases affecting ambas· sadors, other pub.Jic ministers, and con· suls. Sec. 4. The Supreme Court shall be composed of a Chief Justice and ten Associate Justices and may sit eirther ·in bane or in two divisions unless other_ wise provided by law. Sec. 5. The members of the Supreme Count; and aU judges of inferior courts shall be appointed by the President with the consernt of the Commission on Ap1 ,ointments. · Sec. 6. No person may be appointed iaember of the Supreme Court unless he has. been five years a citizen of >the Philippines, is at least forty years of age, an:d has for ten . years or more beeni a judge of a court of record or engaged in the practice of law in the Philippines. . Sec. 7. No judge appointed for a particular district shaL! be designaited or transferred to another district with· uut the approval of·the .Supreme Court. The . Congress shall by law determine the residence of judges of inferior corn:ts. Sec. 8. The Congress - shall prescribe the qualifications of judges of inferior courts, but no person may be appointed judge of any such courts unless he is a citizen of the 1 Philippines and has been admi<tted to rthe practice of law in the Philippines. Sec. 9. The members of the Supreme Court and all judges of inferior courts shall hold office during good behavior, until they reach the age of seventy ~;ears, or become incapacitated to discharge ithe duties of their office. They shall receive such compensation as may be fixed .by law, which sha.JJ not be diminished during their continuance in office. Until the Congress shall provide otherwise, the Chief Justice of the Supreme Court shaH receiv·e an annual compensation of sixteen ithousand pesos, and each Associate Justice, fifteen thousand pesos. · Sec. 10. All cases involving the conPage 366 ~titutionality of a treaty or law shall he heard and decided by the Supreme Court in bwnc, and .no treaty or law may be declared unconstitutional without the concuTrence of two·thirds of a11 the members of the Count. Sec. 11. The conclusions of the Supreme Court in any case submi.tted to it for decision shall be reached in consultation before the case is assigned to ;i Justice for the wri1ting of the· opinion. of the Court. Any Justice dissenrting from a decision shall state the reasons for his dissent. Sec. 12. No decision shall be rendered by any court of record without expressing itherein clearly and distinctly the facts and the law on which it is based. Sec. 13. The Supreme Court shall have the power to promulgate rules concerning pleading, practice, and procedure in all courts, and the admission to the pra0tice of law. Said rll'l'es shall be uniform for all courts of the same grade and shall not diminish, increase, or modify substantive rights. The existing laws on pleading, practice, am:! procedure are hereey repealed as sfo.tutes, and are declared Rules of Counts,. wbject to the power o" the Supreme Court to alter and modify the same. The Congress shall have the power· to repeal, alter, or supplement the rules concernJng pleading, practice; and pro-· cedure, and the admi;:sion to the prac-: tice of law in the Philippines. ARTICLE IX.- IMPEACHMENT Section 1. The President, rthe Vice· President, the Justices of ithe Supreme Court, and the Auditor General sha.11 be removed from office on impeachment for, and conviction of, ·culpable violation of the Cons;titution; treason, bl'ibery, or other high crimes: Sec. 2. The House of Representdives·; by a vote of two-thirds of all its members, shall have the sole power of impeachment. Sec. 3. The Sena.te shall have the sole power ito try all impeachments. When sitting for that purpose, the Senatorf shall be on oaith or affirmation. When the President of the 'Philippines is on trial, the Chief Justice of the Supreme THE LOCAL GOVERNMENT REVIEW Court shall .preside. No person shall be convicted without the concurrence .if three-fourths of aJl ithe Members of the Senate. • Sec. 4,. Judgment in cases of impeachment shall not extend further than to removal from office and disqualificatioru to hold and enjoy any office of. honor, trust, or profit under the Government of ithe Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, tr.ial, and punishment, according to law. ARTICLE X.~OMMISSION ON ELECTIONS Section 1. There shall be an independent Commission on Elections composed of a Chairman and two other M:embers to be appointed by the Presidenit wiith the consent of the Commission on Appointments, who shall hold office for a term of nine years and may not be reappointed. Of the Members of. the Commission first appoinrt:ed, one shaH hold office for nine years, anort:her for six years, and the third for three years. · The Chairman and the other Members of the Commission on Elect.ions may be remov·ed from office only by impeachment in the manner provided in this Consititution. Until the Congress shall provide o·"herwise, the Chairman of the Commission shall receive an annual salary of twelve thousand pesos, and the other Members, ten thousand pesos each. Their salaries shall be neither increased nor diminished during itheir . term of office. Sec. 2. The Commission on Elections sha11 have exclusive charge of the enc. forcement and administration of all laws relative to the conduct of elections and shall exercise aH other functions which may be conferred upon it by law. It shall decide, save those involving the right to V10te, all adminfatrative questions, affecting elections, including the determination of the number and location of polling places, and the appointment of eleotion inspectors and of other election officials. All law enforcerrent agencies and instrumentalities of the Government, when so required by the Commission, shall act as J ULY, 1949 its deputies for the purpose of fosuring free, orderly; and honest elections. The decisions, orders, · and rulings of the Commission shall be subject · to review by the Supreme Court. No pardon, parole, or suspension of sentence for the vfolation of any election law may be granted withourt rthe favor-· able recommendation of the Commission. Sec. 3 The Chairman and Members of the Commission on Eleetions shall · not, during their continuance in office, engage in· the practice of any profession, or intervene, direcitly or indireot-1 • ly, in the management or control · c>f any private enterprise which in · a:.niy' way may be affeoted by the functions' of. their office; nor shall they, directly' or indirectly, be financially imerested' · in any contract with the Governm~nt or any subdivision or instrumentality ' thereof. '· Sec. 4. 'l'he Commission on ElectiOrts. shall subniit to the President and' the Congress, foJ.lowing leach election, a' 11e• · port on the manner in whiCh such· election was conducted. ' ARTICLE XI-GENERAL AUDITING OFFICE . Section 1. There shall be a General Auditing Offi¢e under the direction and ' control of an Auditor General, who'· shall hold office for a rterm of ten" years and may not be reappointed. The ' Auditor Genera.I sh:;tll pe appointed by, the President with the consent of the· ' Commission on Appointments, and shall receive an annual compensation rto be' fixed by law. which shall ~ot be dimirt.' ished during hi.s continuance in office:' · Until the Congress shall provide other-' wise, the Auditor General shall receive an annu• al compensation of twelve thou-' sand pesos. Sec. 2. The Auditor General shall examine, audit, and serttle all accounts pertaining to the revenues and r eceipts' from whatever source, including trust funds derived · from bond issues ; and audit, in accordanee with Iaw and adl rninistrative regulations, all expendi' · fores of funds or property pertaining to or held in trust by the Government or the provinces or mun~cipalities' Page 367 thereof. He shall keep the general accounts of the Government and• preserve the vouchers pertaining thereto. It shall be the duty of the Auditor General to bring to the attention of. the proper admirnistrwtive officer expenditures of funds or property which, in his opinion, are irregular, unnecessary, excessiV'e, or extravagant. He shalJ. also perform such other functions as may be prescribed by Jaw. Sec. 3. The decisions of the Auditor General shall be rendered within the time fixed by Jaw, and the same may be appealed to the ·President whose ac· tion shall be final. When the aggrieved party is a private person or entity, an appeal from the decision of the !Auditor Gener111l may be itaken directly to a court of record in .the manner provided by law. Sec. 4. The Auditor General shall submit to the President and the Con· gress an annual report covering the financial condition and operaitions of the Government, and· such other reports as may be required. ARTICLE XII.~IVIL SERVICE Section 1. A Civil Service embracing all branches and subd'ivision:s of the Government shall be provided by Jaw. Appointments in the Civil Service, except as to those which are policy-'<ietermining, primarBy confidential or highly technical in nature, shall be made only according to merit and fitness, to be -Oetermined as far as practicable by competitive examination. Sec. 2. Officers and employees in the Civil Service, induding members of the armed forces, shall not engage directly or indirectly in partisan political activ· ities or twke part in any election ex· cept to vote. Sec. 3. No officer or employee of the Government shaU receive additional or double compensation unless specifically awthorized by law. Sec. 4. No officer or employee in the Civil Service shall be removed or suspended except for cause as provided by law. ARTICLE XIII.~ONSERV ATION AND UTILIZATION OF NATURAL RESOURCES Section 1. All agricultural, timber, Page 368 and mineral lands of the public do· main, waters-, minerals, coal, petroleum, and other mineral ,oils·, all forces of potential energy, and other natural res0urces of ithe Philippines belong to the State and their disposition, exploitation, development, or utilization shall be lim~ted to citizens of the Philippines, or ·Io corporations or associations at least sixty per cmtum of the capit111J •Jf which is owned· by such citizens, subject to any exisiting right, grant, lease, or concession at the time of the inauguration of rthe Gov· ernment established under this Constitution. Natural resources, with the exception of public agricultural land, shall not be alienated, and no .Jicense, concession, or lease for the exploitation, development, or utilization of any of the natural resources shall be granted for a period exceed· ing twenty-five years, renewable for another twenty-five years, except as Ito water rights for irrigation, water supply, fisheries, or industrial uses other than the development of waiter power, in which cases beneficial use may be the measure and the limit of the grant. Sec. 2. No private" corporation or as· sociation may acquire, lease, or hold public agricultural lands in excess of one thousand and twenty-four hectares, nor may any individual acquire such 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 Congress may determine by law ithe size of private agricultural land which individuals, corporations, or associations may acquire and• hold, sub· ject to rights existing prior to the rnactment of such law. Sec. 4. The Congress may authorize, upon payment of just compensaiticm, 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 THE LOCAL GOVERNMENT REVIEW shall be transferred or assigned except to individuals, corporations, or associations qualified to acquire or bold 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 commu;1ication, and, upon payment of just compensation, transfer to public ownership utilities and 9ther private enterprises to be operated by the Government ARTICLE XIV.-GENERAL PROVISIONS Section 1. The flag of the tPhilippines sha.ll be red, white, and blue, with a sun and three stars, as consecrated and honored by the people and recognized by law. · ' Sec. 2. AU public officers and members of the armed forces shaill take an oath to support and defend the Constitution. Sec. 3. The Congress shall take steps toward the development and adoption of a common national language based on one of the existing native languages. Until otherwise provided by law, English and Spanish shall continue as official languages'. Sec. 4. The State shall promote scien_ tific research and invention. Arts and letters shall be under its patronage. The exclusive right to writings and inventions shall be secured to authors and inventors for a limited period. Sec. 5. !.A11 educational institutions shall be under the .supervision of and subJect to regulation by the State. The Government shall establish and maintain a complete and adequate system of public education, and shaill provide at least free public primary instruction, and citizenship training to adult citizens. All schools shall aim to develop moral character, personal discipline, civic conscience, and vocational efficiency, and to . teach the duties of citizenship. Optional religious instruction shall be maintained in the public schools as now authorized by law. Universities established hy the State shall enjoy academic freedom. The State sha11 create scholarships in arts, JULY, 1949 science, and 1etters for specially gifted citizens. Sec. 6. The State shall afford protection to labor, es·pecially to working women and minors, and shall regulate the relations hetween landowner an.d tenant, and between labor and capital in industry and in agriculture. The State may provide for compulsory arbitration. Sec. 7. The Congress shall not, except by general law, provide for the formation, organization, or regulation of private corporations, unless such cor_ porations are owned or controlled· by the Government or any subdivision or instrumentality thereof. Sec. 8. No franchise, certificate, o'r auy other form of authorization for the operation of a public utility shall be granted except to citizens of the PhiJ· ippines or to corporations or other entities organized under the laws of the Philippines, sixty per centum of. the capital of which is owned by citizens of the Philippines, nor shall such franchise, certificate, or auithorization be exclusive in character or for a longer period ,than fifty years. No franchise or right ;>hall be granted to any individual, firm, or corporation, except under the condition thait; it shall be subject to amendment, alteration, or repeal by the Congres.s when the public interest so requires. Sec. 9. The Government shall organize and maintain a national police force to preserve· public order and enforce the law. Sec. 10. This Constitutioili shall be officially promulgated in English and Spanish, but in case of conflict the Engllsh text shall prevail. ARTICLE XV.-AMENDMENTS Section 1. The Congress in joint session assembled, by a vote of threefourths of all the Members of the Senate and of the ·House of Representatiyes voting separately, may propose amendments to this ConSltitution or call a convention for that pur.pose. Such amendments shall be valid aa part of this Constiitution when approved by a majority of the votes cast at an election at which the amendments are submitted Page 369 to the people for their ratification. ARTICLE XVJ..-TRANSITORY PROVISIONS Section 1. The first election of the officers provided i!JI this Constitution and the inauguration of. the Government of the Commonwealth of the Philipines shal1 l take place as provided in li:'ublic Act Numbered One hundred and twenty-seven of the Congress of the United States, approved March twenrtyf.our, nineteen hundred anO. thirty-four. Sec. 2. All laws of the Philippine Islands shaH continue in1 force unti.J the inauguration of rthe Commonwealth of the Philippines;_ thereafter, such laws shall remain operative, unless inconsi.stenrt with this Constitution, until amended, altered, modified, or repealed by the Congress of the Philippines, and all references in such laws to the Gov· ernment or officials of the 'Philippine Lslands shall be construed, in so far as appTicable, to refer to the Government and corresponding official& under rthis Constitution. Sec. 3. :All courts existing at the time of the adoption of this Constitution shal.J continue and exercise their jurisdiction, until othe!"wise provided by law in accord.ance with this Constitution, and aU cases, civil and criminal, pending in said courts, shaill be heard, tried, and determined under the laws then in force. Sec. 4. All officers and employees in the existing Gov·ernment of the Philippine Islands shall continue in office i;ntil the Congress shall provide other· wise, but al1 officers whose appointments are by this Constitution1 vested in the ·President shall vacate their respective offic~· upon the appointmenrt and qualification of their successors, if such appointment is made within a period of one year from the date of the inauguration of the Commonwealrth of the Philippines. Sec. 5. The members of the House of Representatives for the Mountain Prov·· ince shall be elected as may be provided hy law. The voters· of municipalities and muniicipal dis'.;ricts formerly belonging to a special province and now forming part of regular provinces shall Page 370 wte i,n the election for Members of the House of Representatives in such districts as may be provided by law. Sec. 6. The provi1 sions of this Constitution, except those contained in this article and in Article V, and those which refer to the election and qualifications of officers· to be elected under this Constitution, shall not take eff.ect until rthe inauguration of the Common· wealth of the Philippines. · ARTICLE XVIl.-SPECIAL PROV!· SIONS EFFECTIVE UPON THE PROCLAMATION OF THE INDEPENDENCE OF THE PIHILIPPINES. Section 1. Upon the proolamation of the 1 President of the United States recognizing the independence of the Phil· ippines- (1) The property rights of the United States and the Philippines shall be promptly adjusted and settled, and all existing property righits of citizens or corporations of the United States shall be acknowledged, respected, and safe· guarded to the same extent as property rig-Ms of citizens of. the Philippines. (2) The officials elected and serving under this Constitution S'hall be constitutional officers of the free and independent Government of the Philip· pines and qualified to function in all respects as if elected directly under such Government, and shall serve their full terms of office as prescribed in this Constitution. (3) The debts and Jiabllities of the f Philippines, its provinces, ciHes, mu.nfoipa,Jities, and instrumentalities, which shall be valid and .subsisting at the time of the final and complete withdrawal of the sovereignty of the United States, shall be assumed by the free and independent Government of the Philippines; and where bonds have been i8'Sued under authorirty of an Act of Congress of the United States by the Philippine Islands, or any province, city, or municipality therein, the Gov· ernment of the Philippines will make adequate provision for rthe necessary funds· for the payment of interest and principal, and such obligationis· shall be THE LOCAL GOVERNMENT REVIEW a first lien on all taxes collected. (4) The Government of the Philippines will assume all continuing obligations of the United States under the Treaty of 1 Peace with Spain ceding the Philippine Islands to the United States. (5) The Government of. the Philippines will embody the foregoing provi· sions of this avticle [except subsectioru (2)] in a treaty with the United States,_ ARTICLE XVIII.~THE COMMONWEALTH AND THE REPUBLIC Section 1. The government established by this Consti1 tution shall be known as the Commonwealth of the Philippines. Upon the final and complete withdrawal of the sovereignty of. the United States and the proclamation of f'.hilippine independence, the Common· wealth of the 1Philippines s·hall thencef.:>rth be known as the Republic of the Philip.pines. ORDINANCE APPENDED TO THE CONSTITUTION Section 1. Notwithstanding the provisions of. the foregoing Constitution, pending the final and complete withdrawal of the sovereignty of the United States over the Philippines(!) All citizens of the Philippines shall owe allegiance to the United States. (2) Every officer of the Government of the Commonwealth of the 1 Philip· pines shall, before entering upon the dis_ charge of his duties, take and subscribe an oath of office, deolaring, among other things, that he recognizes and accepts the supreme authority of and will maintain true faith and1 allegiance to the United States. (3) .Ahsolute toleration of religious sentiment shall be secured and no inhabitant or religious organization shall be molested in persoru or property on ac· count of religious belief or mode of. wor·ship. (4) Property owned by the United States, cemeteries, churches, and par· sonages or convents appurtenant thereto, arnf alf lands, buildings, and improvements used exolusively for reli· gious, charitable, or educational purposes shall be exempt from taxation. (5) Trade relations between the JULY, 1949 Philippines and the United States shal1 be upon the basis prescribed in section six of Public Act ·Numbered One hundi·ed and twenty-seven of the Congress of the United States approved March twenty-four, nineteen hundred and thirty-four, as amended by the Act of Congress of the United Sitates, approved August seven, nineteen hundred and thirty-nine. (6) The public debt of the Philip· pines and its subordinate branches shall not exceed Jimits now or hereaf1ter fixed by the Congress of the United States, and no loans shall be contracted in foreign countries without the approval of the 'President of the United States~ (7) The dehts, liabilities, and obligations of the .present Government of the Philippine Islands, its provinces, Prnnicipalities, and instrumentalities, valid and subsisting ait the time of the adoption of the Constitution, sha],] be assumed and paid by the Government of, the Commonwealth of the Philippines. (8) The Government of the Comonwealth of the Philip.pines 1shall establish and maintain an adequate system of public schooJ.s, primarily conducted in the English fonguage. (9) !Acts affecting currency, coinage, imports, exports, and immigration shall not become ,Jaw until approved by the Pres·idenit of the United States. (10) !Foreign affairs shall be under the direct supervision and control of the United States. (11) All acts.passed by the Congress of the Philippines shall be reported to the Congress of the United States. (12) The Philippines recognizes the right ·of, the United States to expropriate property for public uses, ito maintain military and other reservations. and armed forces in the Philippines, and, upon order of the President of the United States, ito call into the service of such armed forces all military forces organized by the Government of the Commonwealth of the 1Philippines. (13) The decisions of the courts of the Philippines 1 shall be subject ito re· view by the Supreme Court of the United States as now provided by law, Page 371 and such redew shall also extend to all cases involving the Cortstitu1 tion of the Philippines. (14) Appeals from decisions of the Auditor General may be taken to the President of the United Staites. (15) The United States may, by lFTesidenrtial proclamation, exercise the right to intervene for it.he preservation of the Government of the Commonwealth of the Philippines and for the m2.intenance of the .Government as proYitled in the Constitution thereof, and for fae protection of life, property, and individual· liberty and for the discharge of Government obligations under and in accordance with the provisions of the Comstiitution. (16) The authority of the United States High Commiss.ioner , to the Government of the Commonwealth of. ithe Philippines as proV'ided in Public Act Numbered One hundred and twentyseven of the Congress of the United States approved March twenty-four, nineteen hundred and thirty-four, is hereby recognized. ( 17) Citizens and cor.porations of i he United States shall enijoy in the c.Commonwealrth of the Philippines all t he civil rights of the citizens and· corpor:.-Jtions, respectively, thereof. (18) Every duly adopted amendment t0 the Constitutioni of the Philippines shall be ·submitted to the President of the United States for approval. If the 1President approves the amendment or if the President fails to disapprove such amendment within six months from ithe time of its submission, the amendment 3hall take effect as a part of such Con& titu:tion. (19) The President of the United States shall haye authority to suspend the taking effecit of or the operation of any law, contract, or executive order of the Government of the Commonwealth of the Philippines, which in his judgment will result in a failure of 1he Government of the Commonwealth of the Philippines to fulfill its contracts, or to meet rts bonded indebtedness and interest thereon or to provide for its sinking funds, or which seems likely to impair the reserves for the protection Page 372 <if the currency of the Philippines, or '''hich in his judgment will violate international' obligations of the United States. (20) The President of the Commonwealth of ithe Philippines shall make an annual report to the President and Congress of the United States of the vroceedings and operations of the Govtrnment of the Commonwealth of the Philippines and shall make such other reports as the 'President or Congress may request. Sec. 2. Pending the final and complete withdrawal of the sovereignty of the United States over the Philippines, 1 lhere shall be a Res.jdent Commissioner of the 1 Philippines to the United States who shall be appointed by the President of ·the Commonwealth of the Philippines with the conserut of, the Commission on Appointments. The powers and dutie:i of the Resident Commissioner shall be as provided in section seven, paragraph five of Public Act Numbered One hundred and twenty-seven of the Congress of the Uni1 ted States, approved March twenty-four, rnineteen hu·ndred and thirty-four, together with such other duties as the Congress of the Philippines may determine. The qualifications, compensation, and expenses of the Resident Commissioner shall be fixed by law. Sec. 3.· All other provisions of Public Act Numbered One hundred antl twenty-seven of the Congress• of tl:e United StMes, approved March twenty_ four, nineteen hundred and thirty-four, as amended by the 'Act of Congress of the United States, approved August seven, nineteen hundred allld thirtynine, applicable to the Government of the Commonwealth of the Philippines are hereby made a part of this Ordin· ll.Ece as if such provisions were express_ ly inserted therein. ;················ ....... ·········~··1 ~ LUZON HATCHERY AND ~ ~ POULTRY SUPPLIES, INC. ~ ~ c ~ Polo, Bulacan i l .................................................. ~ THE LOCAL GOVERNMENT REVIEW THE PHILIPPINE FLAG AND THE NATIONAL ANTHEM THE 1 PHILIPPINE FLAG that flies side by side with the flags of the 31 other United NtJtions, and the Philippme National Anthem, still sung in the Philippines and wherever 1Fi~ipinos ga· ther to celebrate a national occasion, are rich in history. They recall the story of a brave peop,le and their struggle for freedom and.nationhood. The Philippine Fkg Long before the Royal Standard of Spain ever flew over the islands, fol· lowing the discovery of the PhiUppines by Magellan in 1521, the Filipinos had been using several banners to represent various section's of . the Archipelago. None of these, however, stood for the Philippines as a nation. Each chief· tain had his own standard as a rallying point. Not until about the end of the 19th century, during the 'Philippine Revolution did the Filipinos have a national flag. The first Philippine flag was designt,d by members of the. Katipunan, the secret revolutionary society which led the rebellion against Spain. Its red background represented the blood of the members of the society, pledged r to the honor of the Motherland. A sun in the center symbolized the rising Kalayaan, or Liberty. There were variations of this original flag, notaibly rthose of Generals Pio de! Pilar and Gregorio de! Pilar, whose designs anticipated the white equilateral triangle and the two horizontal strips of 1he present Sun and Stars. This flag, borne proudly through the first year of the Philippine Revolution, was hauled down December 27, 1897, with the signing of the 'Pact of IBfak·naBato, under whose 1erms the revolutionists laid down their arms. A change had been made in the design at the Nak Revolutionary Conference of March 17, 1897. The letter "K" was removed and the sun was ~iven a mY'tholorrical face. The Philipp;ne flag assumed its uresent form early in 1898. It was designtd and adopted by the Junta Patriotica, JULY, 1949 the council of exiled Filipino leaders at Hongkong, and was brought home to Manila by General Emilio Aguinaldo on May 19, 1898. A few days later, on May 28, the flag received its first baptism of blood and fire; and in &ucceeding battles was borne triumphantly by Aguinaldo's men. · It was officially unfurled and declared the flag of the short-lived Philippine Republic on June 12, 1889, at Kawit, Cavite, and it witnessed the inauguration of the Republic of the Philippines at Malolos, Bulacan, on June 23, 18~9 . The same flag saw victory as well &s defeat in the Filipino-American War imtil the capture of General Aguinaldo by the Americans at Palanan, faabela, on March 23, 1901. During the first years of the American occupation, the display of the .Filipino colors produced such repercussions that the 1 Phili:ppine Commission, on August 23, 1907 passed the Flag Law, which forbade the display of the flag anywhere even in Filipino homes. During every legislative session from 1908 to 1914, effor.ts had been exerted by ;Filipino leaders to secure the repeal of that law. Success came on October 22, 1919. In the same year, October 30 was designated as Philippine Flag Day. In 1932 by virtue of Philippine Public Act No. 3837, approved November 29, the last Sunday of May each year was designated as the ,Flag Day of the Phil· ippines, and has been celebrated as such ever since. The colors and design of the Philippine flag are significant. White stands for purity and peace, blue stands for patriotism, and red stands for bravery: The white triangle, which has equal sides, has three golden stars representing the union of the three major regions of the Philippines: Luzon, the Visayas and Mindanao. The eight rays of the golden sun stand for the eight original provinces which stal'ted the war of Hberation from Spain. In Page 373 peacetime, the blue stripe is above the red; in war, the red is moved to the top. And so it was in the Battle of the Philippines-red field over the blue, the Philippine flag flying side by side with the American Stars and Stripes, through the tragic days of Bataan and Corregidor. Again it has suffered defeat, but when the day of vrictory comes, as surely it will come, the Sun and Stans will float in the breeze again over a peaceful, independent Philippines. The Philippine National Anthem With the birth of the Phili1 ppine R<!public, around the turn of the century, the Filipino peop.le felt a great need for some means ·to express the national sentiment of unity born out of the war. The creation of the National Anthem filled it.his want. The National Anthem came to life through the joint efforts of Julian Felipe, a music teacher and composer, and Jose Palma, a poet and soldier, a pri· vate in the ranks. Working independ· ently of each other, but guided by the same national inspiration and lofty feelings, their combined authorship produced this valuable .contribution to Filipino music and poetry-a worthy reflection of the artistic and cultural development of the cou.nkry as well as an expressive sentiment of the young Republic's political life. The circumstances surrounding its composition are historically interesting. On Saturday, June 4, Julian Felipe join_ ed Gen. Emilio Aguinaldo in the town of San Francisco de Malabon. He was recommended by General Trdas to Gen. Aguinaldo, as a pianist and composer. Don Emilio wanted a national march, serious and majestic, and so he requestEd Julian Felipe to compose one, a fask which the latter agreed to perform. Professor Julian Felipe purposely in· jected in his musical composition some melodious reminiscences of the Spanish Royal March in order to preserve the memory of the old metropolis; a charaderistic which, though vaguely, is noticeable in the initial measures o:ll thll Philippine National Anthem .. Late in the afternoon on Sunday, June 12, 1898, the Act of Proclamation of Page 874 the Phili1 ppine Independence took place. After the reading of the proclamation, our national flag , was displayed, and the band of San Francisco de Malabon played for the first ~ime the Marcha Nacional. 'For the purpose of popularizing the Marcha Nacional, as the National Anthem was then called, Gen. Emilio Aguinaldo ordered the author · to pre· pare sufficient copies for distribution in the different towns in the Philippines. Commodore Dewey, Commander of the American Squadron then anchored at ithe p.ort of Cavite, requested the au.thor of the Marcha Nacio'!WJl to give him several copies to be sent to the United States. The words of the anthem were written a year after the music was composed. Jose Palma, a young poet wrote the poem in Spanish and originally titled it "Filipinas." Into this poerri he poured the patriotism, the hopes, the character, the emotions, the love of ~······~···.....,,..·············· ..... ~ ~ ALWAYS EQUIP YOUR '.TEAMS ~ ~ WITH THE BEST IN ~ ~ ATHLETICS ~ ~ INSIST FOR THE ; ; REACH, WRIGHT & DITSON ~ ~ m ~ ~ BASEI B:ALL, BASKETBALL, ~ ~~. SOFTBALL, VOLLEYB1ALL l ~ SOCCER, TRACK AND FIELD, ETC. ~ All prices are approved by the ~ Gomnm•nt ~ F. Z. LEDDA. ~ EXCLUSIVE DISTRIBUTOR ~ 620 RAON ST., MANILA ~ ~ ~ ........••...••....•. ~ THE LOCAL GOVERNMENT REVIEW freedom of the Filipino people, set against a beautiful background-the Philippines. Unlike the flag, the 'Philippine National Anthem was not forced upon the people by any formal executi·ve procl~ mation; irt was tacitly adopted after it had undergone the ordeal of assented growth, spontaneous ~opular acceptance general and contmued usage as well 'as governmental sanction. !At first the American military and civil aurthorities frowned upon the playing of the Philippine Nationa_J Anthem in .Filipino homes and gat~ermll'~· d~r ing the early rpart of their ~h1hppme occupation. In the course of t1!11e, however the severity of the unwr1rtten law re:Ia~ed and the policy was modified to the extent of allowing. it to be played or sung on condition that it was to be followed by the Star-Spangled !Banner. The words of the National Anthem: FILIPINAS Tierra adorada, Hija del Sol de Oriente, Su fuego ardiente En ti latiendo esta. Patria de Amores Del heroismo cuna, Los invaoores No te hollaran jamas. En tu azul cielo, en tus auras, En tus mantes y en tu mar Esplende y late el poema De tu amada libertad. Tu pabellon, que en las lides, La Victoria ilumino, No v·era. nunca apagados Sus estrellas y su sol. Tierra de dichas, de sol y amores En tu regazo dulce es vivir, Es una gloria para tus hijos, Cuando te ofenden, por ti morir. The English version of the anthem was written by Camilo Osias, Filipino educator. *Reprint from PHILIPPINES, Vol. IV, March 1944, published by the fo1;"er Dep.artment of Information a!"f ?ublic Relations, C<Ymmonwealth of the PhilippirUJs, 1617 Massachusetts A venue, Northwest, Washington 6, D. C. JULY, 1949 RULINGS OF THE GENERAL AUDITING OFFICE WARRANTS OR CHECKS FOR AD'\' ANCE SALARIES NEGOTIATED TO THIRD !PARTIES CONSIDERED ORDINARY PRE-WAR O!BILIGATJONS.-Officials, employees, and laborers who had received at the outbreak of the war treasury warrants or checks covering their three months advance salary and who have negotiarted the same to third parties, do not come within the purview of Commonwealth Act No. _ 676 because in so far as they are concerned, they have already rect-ived their advance pay from the parties to whom they negotiated the warrants or checks. It is for this reason that the said treasury warrants and checks are considered ordinary pre-war obligations., the settlement of which does not come under the provisions of said Commonwealth Act No. 676.-2nd Ind., May 16, 1946, of Aud. r;en. to Prov. Treas. of Neg. Or. REINSTATEMENT UNDER SECTION 260, ADM. CODE CONSTRUED. -Respecrtfully retu.rned to .the Secrets.ry of Finance, Manila, concurring _in the view of the Office-in-Charge of Civil Service as exrpressed in the last paragraph of the next preceding indorsen1ent to the effect that "the reinstatement contemplated in Section 260 of the Revised Administra1>iv~ Code refers to a reinstatement following exoneration and not one's appointment or reappointment without regard to the administrative case pending against an employee or official." It may also be added that the reinstatement ~herein contemplated refers to a reinstatement to the same rposition occupied by the official or employee concerned at the time of his· suspension, and not to an ~ppointment to anoth~r position. As it does not appear herem rthat Mr. Honrado has been reim~tated in the se1wice as a result of his exoneration from the administrative case againsrt him, and inasmuch as he has not been reinstated to the same position he was holding at Page 375 the time of his suspension on December 19, 1941, this Office believes thait he cannot be paid salary corresponding to the period from December 19, 1941, to January 7, 1946. Besides, even if. the requirements of section 260 of the Revised Administrative Code are complied with, paymenrt of his salary during the period covered by the Japanese occupation, may not be authorized for obVious reasons.-3rd Ind., Apr. 27, 1946, of Aud. Gen. SUBSTITUTE M U N I C I P A L TREASURER, ADDITIONAL COMPENSATION OF NOT AUTHORIZ· ED; SAL!ARY AND TRAVELING EXPENSES OF PRINCIPAL CLERK DESIGNATED ACTING MUNICIPAL TREASURER OF ANOTHER MUNICIFA• LITY.-Respectfully returned, thru the Provincial Auditor, to the Provincial Treasurer, Santa Cruz, Laguna, with the information that the temporary employment <if any of his clerks or deputies with additional compensation to take the place of Mr. Sulpicio F'. Caday, Municipal Treasurer of Santa Maria, that province, during the latter's leave of absence with pay is ~ontrary to section 259 of the Administrative Code. Such employment may ibe made by designation under section 557 of the same Code, but the substitute employee is not entitled to receive extra compensation. fo case a principal clerk from another municipality is designated Acting M nicipal Treasurer of Santa Maria, as proposed in the basic communication, his regular salary will be paid by the municipality where he is permanently employed, which salary, however, should be reimbursed by arid billed against the province of. Laguna. His traveling expenses may, however, be paid by the Municipality of Santa Maria to which he is temporarily assigned. 2nd Ind. Feb. 18, 1929 of De']J'Uty Insuiar Auditor; See file 120 Paz, Jose Ma.. de la, 1929 and 120, Zoilo Renegado, Sei>illa, Bohol. EXCHJANGING TREASURY CER· TIFTCATE WITH COINS, SUR· CHARGE ON NOT AUTHORIZED; HOW EXPENSES MAY BE REIMBURSED.-Respectfully returned to Page 876 the Honorable, the Secretary of Finance, Manila, with the information that this office in not aware of any law authorizing the collection of. 5o/o sur· charge for every peso changed with coins by the Provincial Treasurer. In order that the prav• ince will be reimbursed, however, of pavt of the expenses that it may incur in exchanging tI'easury certificate with coins of va· rious denominations, this Office will interpose no objection to having one half of the expenses charged against the general funds of the municipalities that need the coins, and the other half a:;-ainst the provincial general funds.2nd Ind., .Tune 21, 1946, of Aud. Gen. PRINCIPAL CLERK ·AS . ACTING :MUNICIPAL TREASURER - EXPENSES .OF FOR SU!BS.JSTENCE.Itespectfully returned to the Honorable, the Secretary of .Finance, Manila, invit· ing attention to the attached copy of our 4th indorsement dated March 19, 1946, on a similar case, in !View of which this Office will offer no objection to payment from provincial funds in accordance with Section 709 of. the Manual of Instructions to Treasurers of the attached voucher for P91.50 representing actual expenses for subs:istense incurred by Mr. Cecilio Costales, Principal Clerk in .the Office of the Municipal Treasurer of Nagui\ian, La Union, while on detail as Acting Municipal Treasurer of San Juan, same province, during the period from April 1 to May 31, 1946, if approved by that Department under Executive Order No. 78, series of 1946, subject however to availability of funds and the usual auditing requirements.--4th Ind., July 2, 194if!, of Deputy Aud. Gen. ID.; PAYMENT OF STRAIGHT PER DIEM.-In view of the representations ma:de in the basic communication and the recommendation in the 3rd in· dorsement hereon, this Office will ofter no objection to paying straight per diem of P0.75 a day to Mr. Doroteo Montieza while he was designated Acting Municipal Treasurer of Ubay for the per'.od from June 1 to Octo!Jer 31, 1945, it appearing that while he was temporarily detailed to perform the du· THE LOCAL GOVERNMENT REVIEW MUNICIPAL AFFAIRS SUBJECT TO ACTION BY NATIONAL AND I OR PROVINCIAL AUTHORITIES (Ccmipiled by Juan F. Rivera, Chief, Provincial Division, Department of the Interi<Yr and Pensionado of the Republic of the Philippines to the University of Wis. ' consin Graduate School on "Muniicipal Government Administration.") (Continued from June number) 22. Dee~ c;ir instrument which conv~ys upo~ wh!ch the appointment or promumc1pal real property or any m- motion 1s actually made is subject terest therein 1,>r which creates a to the approval of ithe Head of Delien upon the same is ~ub.ject to partment. (Sec. 256, Adm. Code) the approval of the pr<YVmc1al gov- 26. The municipal treasurer shall be ernor. (Sec. 2196, Adm. Code) appointed by the provincial trea23. If the second nomination made by surer, subject to the provisions of a municipal· mayor to fill a position the Civil Service Law. (Sec. 2205, is rejected by the municipal coun· Adm. Code) cil, the muncipal mayor may ap- 27. The Provfocial Treasurer shall depeal to the provincial poard with- signate a suitable person to disin ten days and said provincial charge the duties of the office of board shall have the power and municipal treasurer upon the occaduty to decide the controversy over sion of the absence, suspension, or said appointment within fifteen other disability of the incumbent - .days after receiving such appeal, (Sec. 2206, Adm. Code) and in case the mayor does not 28. When the number or salaries of agree with the decision of the prov· clerks of a municipal treasurer are incial board, he may also appeal manifestly inadequate, the provinagainst ithe resolution of the sarnt! cial board may increase them upon to the Secretary of the Interior who application. (Sec. 2207, Adm. Code) . shall decide said appeal within 29. The municipal treasurer may for twenty days from the receipt of cause, suspend from office withthe same and whose decision shall out salary for not to exceed thirty be final. (Sec. 2200, Adm. Code) ·days any employee thus appointed 24. A·ppointments of subordinates in- or, with the approval of the provcluding members of the police force incial treasurer, remove him from are subject to approval by the De- office (Sec. 2207, Adm. Code, last partment Head concerned. (Ex. par.; but see C. A. 177) Ord. 63, s. 1917; Ex. Ord. No. 175, :'10. The municipal treasurer shall, as s. 1938.) deputy of the provincial treasurer, 25. An appointment or promotion ef- perform in the municipality such fectirve as of a date prior to that duties not inconsistent with law as Rulings ... diies of an accountable official with increased responsibilities, his pay remained as that of his former position as principal clerk of Maribojoc at the rate of P45.00 a month, provided such payment of per diem in excess of three months would be approved by the President of the Philippines.--4th Ind., March 19, 1946 of Dep. Aud. Gen. to Sec. of Finance. JULY, 1949 31. 32. the provincial treasurer ma:y as· sign to him. (Sec. 2208 (e), Adm. Code) The books, accounts·, papers, and cash of the municipal !treasurer shall at all times be open to the inspection of the provincial treasurer or his deputy specially authorized for that purpose, and of the provincial auditor or his deputy. (Sec. 2210, Arm. Code) The provincial treasurer shall su,spend from office a municipal treasPage 377 urer in clefault. (Sec. 2211, Adm. Code) 33. The municipal council may, with the concurrence of two-thirds of the members, suspend or, subject to the approval of the provincial board, expel a member for cause. (Sec. 2223, iArdm. Code) 34. If the provincial board finds that any resolution, ordinance, ·or order is beyond the powers . conferred upon the municipal council or mayor making the same, it shall de· clare such resolution, or<l:inance or . order invalid. (Sec. 2233, Adm. Code) 35. Should the municipal • council be dissatisfied with the decision ·of the provincial boa;rd, an appeal may be taken by a two-thi'rds vote of the council to the. Secretary of the Interior, who shall decide the same question· which was ipresented to the provincial board and either af· firm or reverse the decision of the provincial board. The mayor concerned may likewise appeal from the decision of the provincial boar<l annulling an· executive order. (See. 2235, A• dm. Code) 36 . Any judicial tribunal is i\l'ested with power to hold void for want of statutory authority any act, or· dinance, or resolution of a municipal council or executive order of a mayor the .validity of which shall be involved in any cause arising be· fore such tribunal, without respect to the decision of the. executive au. thorities. (Sec. 2236, Adm. Code) 37. Changing names of streets is sub· ject to the approval of the Secretary of the Interior. (Sec. 2243 ( d), Adm. Code, as amended by C. A. 249.) 38 . Regulation of cockipits, cockfighting and horse races, is subject to the provisions of C. A. 601 and Ex. Ords. 320, 326, 327, all s. 1941. 39 . A provincial board may in its discretion aJbolish or reduce any fee imposed under the authority of Section 2244, Adm. Code, regardPage 378 ing permits for certaiin pursuits. 40 . Exercise of power of eminent domain is subject to the approval of the Department Head for the following rpurposes: the construction or exitension of roads, streets, sidewalks, .bridges, ferries, levees, wharves, or piers; the construction of public buildings, including schoolhouses, and the making of improvements in connection therewith; the establishment of parks, ·playgrounds, plazas, market places, artesian wells, or systems for the supply· of water; and the establishment of cemeteries, drainage systems, cesspools, or sewage systems. (Sec. 2245, Adm. Code) 41 . W!ith the prior authorization of the Department Head, a municipal council may close any municipal road, street, alley, park, or square; but no such way or place aforesaid, or any part thereof, shall be closed without indemnifying any person prejudiced thereby (Sec. 2246, Adm. Code) 42 . Measures relative to sanitation shall not be inconsistent with the regwlations of the · Bureau of Health. (Sec. 2247), Adm. Code) 43 . With the approval of the Department Head, a municipal council m;iy make appropriations for the use of national and provincial in· stitutiions of a charitable, benevolent, or educational character, such approp·riations to be made only :from funds which would be available if the institution or institutions to be assisted were maiintained by the municipality. (Sec. 2248, Adm. Coae) (To be continued) ............................................... ~ ~ • ~ LA POPULAR • LACES AND NOVELTIES STORE ~ • 225 SAN VICENTE ST., ~ Mania, P. I. l .............................. J THE LOCAL GOVERNMENT REVIEW FISHERIES ACT [Act No. 4003 as amended by C. A. No. 471] (Continued from June Number) ARTICLE VIII.-Hawksbill turtle fisheries SEC. 51. License to take hawksbill turtles.-Unless provided with a license issued in accordance with the provis'.ons of this article, no person, association or corporation. shall take hawksbill .turties (Eretmochelys imbri .. cata periant) in I P'hilippine waters. SEC. 52. Who · may awply for !£. censes to take · hawksbiU turtles.-Licenses to take hawksbill turtles in Philippine waters shall be granted to any citizens of the 1 Philippine, Islands or of the United States, or to ·associations or corporations that are duly registered or incorporated under· the laws of the Philippine Islands or of the United States or of any Siate thereof and authorized to transact· business in · the Philippine Islands, and at least sixty-one per centum of whose capital stock or interest in sa.id capital stock is owned wholly by citizens of the Philippine Islands or of the United States, or to citizens of countries the laws of which gra11t similar rights to citizens of the Philippine Islands or of the United States, or to . citizens of countries the laws of which grant similar rights to citizens of the Philippine Islands: !Provided, however, That all foreign persons, associations and corporations now engaged in the catching of hawksbill turtles may obtain licenses for the taking of hawksbill turtles under the provisions of this article and may renew such licenses so long as they have not been guilty of any violation of this Act, or the customs laws, or the regulations promul2'ated thereunder: Provided, also, That no individual, association or corporation granted a license to take hawksbill turtles shaTI be authorized to transfer or assign its or his interest or sell its or his stock directly or indirectly to persons, associations or corporations not qualified under the terms of this JULY, 1949 Act to take hawksbill ·turtles, under penalty of cancellat.ion or forfeiture of its or his license : Provided, further, That a transfer made by a stockholder or member of an association or corporation of his stock or j.nterest in violation of the provisions here0f shall not be cause of the forfeiture of the license· of such association or corporation but'. said transfer shall be null and void · and shall. not be registered in the books;· of such association or corporation.· SEC. 53. Application for license to take hawksbill turtles.-All applica-. tions for licenses to take hawksbill turtles shall be filed in triplicate with the official or chief of the bureau, of: fice or service designated to carry out the provisions of this Act, who shall forward the original and duplicate copies thereof, together with his recommendation, to the Secretary of Agriculture .and Natural Resources. Licenses for taking hawksbill turtles shall. be issued by the Secretary of Agriculture and Natural Resou.rces, upon proof that the license fees required. have been duly paid. The license issued hereunder shall remain in force only until the end of the calendar year · for which they are issued, shall au~ thorize the holder thereof to take hawksbill turtles in Philippine waters, subject to the provisions of this article and fo such rules, regulations and restrictions as may hereafter be established for the protection and conservation of the hawksbill turtle fisheries, and shall be nontransferable. · · · SEC. 54. Record of turtles taken.- . The holder of any license issued hereunder shall . keep a tru'e record of the number of turtles taken by him under such license arid of the persons or boats employed by him in such pursuit. Such record shall be examined and verified by the collector of customs or by any internal-revenue officer or by any officer authorized herein to enPage 379 force the provisions of this Act at any port where the licensee may desire to dispose of his catch and no license shall dispose of his catch without inspection by stich officer. When the catch has been inspected, the officer shall note the fact in the record book, make a formal copy of such record, sign his name thereon and forward same to the Secretary of Agriculture and Nat· ural Resources. SEC. 55. Special permit.-A special permit may be granted by the Secretary of Agriculture and Natural Re· sources to any person of good repute, authorizing the · holder thereof to take hawksbill turtles for a scientific, educational or personal ·purposes, or for propagation. Such permit shall re· main in force for a period 'of one year from date of issue, shall not be transferable, and shall be subject to such other restrictions as may be imposed by the Secretary of Agriculture and Natural Resources. The taking of hawksbill turtles by the holder of such permit for other than scientific, educatiqnal or personal p.urposes or for propaga:tion shall be sufficient cause for the nullification of the permit. SEC. 56. Holder of licenses or permits to carry same at all times.-All holders of licenses or permits granted under this article must at all times carry in their possession such licenses or permits ready to exhibit the same upon aemand by any ·peace officer or other person designated by the Sec· retary of Agriculture and Natural Resources to enforce the provisions of this Act. Failure to comply with this requirement shall cause the cancellation Of Hie licenses or permits. Should any such licenses or permits be found with defaced, erased, or illegible date of issue, they shall be seized at once by the first peace officer or other au· thorized person who becomes aware of this fact, and said licenses or permits shall be declared null and void. SEC. 57. Restriction.~.-The Secretary of Agriculture and Natural Resources may impose restrictions upon Page 380 the number of licenses which may be issued for the taking of hawksbill tur· ties in Philippine .waters, or upon the number of licensees who may be allowed to operate therein, and may order that such restrictions be made gen· erally applicable in all 'Philippine waters or be limited to a particular marine area, or areas, therein. The Sec· retary of Agriculture and Natural Resources may also cause any application for licenses to be refused or or· der the cancellation of any license, when, in his opinion, the public interest so requires. The action of the Secretary of Agriculture and Natural Re· sources ·under this section shall be final. SEC. 58. Power to prescribe license fee.-The Secretary of Agriculture and Natural Resources shall from time to time prescribe the fee to be paid fot the license to take hawksbill turtles in Philippine waters, and shall announce the same in an order which shall be published at least sixty days before becoming effective. Such fee shall in no case be less than five pesos nor more than fifty pesos per annum. SEC. 59. Power to fix minimum size of hawksbill turtles.-The Secretary of Agriculture and Natural Resources ~hall fix the minimum size for hawksbill turtles which may be taken in Philippine waters. After such restriction shall have been imposed, it shall be unlawful for any person, association or corporation to take, sell, transfer, or have in pos· ~--·····~-~~-~-~~-· ~ ~ BONIFACIO SAW MILL CO. INC. ~ ~ Marulas, Polo, Bulacan ~ 4 ~~····· .......................................................... ......J THE LOCAL GOVERNMENT REVIEW :;ernion for any purpose any hawksbill turtle of a smaller size than the minimum prescribed by the Secretary of Agriculture and Natural Resources. Offenders shall be penalized, in accordance with the penal provisions of this Act . SEC. 60. Shipment of hawksbiU turtles or their sheUs.-The shipment or exportation from the Philippine Is· lands of hawksbill turtles or their shells sha!J. be unlawful unless such shipment or exportation is properly effected thro.tigh the customhouse at a port of entry. SEC. 61. P1·ohibition.- It shall be prohibited and declared unlawful: (a) To fish, take, wound or kill in all waters of the Pbilipp.ine Islands, or hold in possession, Ii ving or dead, or to purchase, offer. or expose for sale, transport, ship, or export, alive or dead, any under-sized hawksbill turtle. (b) To capture any hawksbill turtle by means of line and sinker. SEC. 62. Prnvision foi· protectior> of other species of turtles.-When in his opinion the public interest shall so require, the Secretary of Agriculture and Natural Resources may inaugurate similar measures for the protection anc.l conservation of ali or any of the other species of turtles specified by him. ARTICLE IX.-Inlanfl fisheries. SEC. 63. F'ishpond and fishery permits or lease agreements within forest lands.- Permits or leases entitling the holders thereof, for a certain stated period of time not to exceed twenty years, to enter upon definite tracts of a public forest land to be devoted exclusi vely for fishpond purposes or to twke certain fishery products or to con· struct fishponds within tidal, mangrove and other swamps, ponds and streams within public forest lands or proclaimed timber lands or established forest reserves may be issued or executed by the Secretary of Agriculture and (Commerce) Natural Resources, subject to the restrictions and limitations imposed by the forest laws and regulations, to such persons, associations or corpora· tions as are qualified to utilize or take JULY, 1949 forest products under Act Numbered Thirty-six "hundn:~d and seventy-four. Renewal may be granted, but the com· bined pedod of the original lease and its renewals shall not exceed fifty years. (As amended by C. A. 471-1.) SEC. 64. Obstruction to navigation cmd removal thereof.-Nothing in this article shall be construed as permitting the lessee or permittee to obsfruct the free na , igation of any stream adjoining or flowing the area, nor prohibit or interfere with the passage of people along such streams or the banks thereof, nor impede the flow and ebb of the ti1le to and !rom the interior of the swamps. v;"°nen it is found thut any construction is made contrary to the provis10ns of this Act and/ or con· stitules an encroachment up'on waters in violation of public right, the removal thereof shall be effected by or under the order and direction of the Secretar y of Agriculture and (Commerce) Natural Resources or his duly authorized representative. (As amended by C. A. 471·1.) ARTICLE X.-CoUection of fees and application for resea1·ch SEC. 65. Collection of fees.- The fees authorized to be collected under this chapter and accru.ing to the Insu· lar Government shail be paid to the official or chief of bureau, office or service designated by the Secretary of Agriculture and Natural Resources, in the manner prescribed for, and subject lo the same penalties for delinquency except as herein otherwise provided, as the fixed internal-revenue taxes under the Internal Revenue Law. SEC. 66. Appropriation.-A sum not to exceed one hundred thousand pesos yearly is set aside from the funds accruing- to the National Government from the fees authorized to be collected under this chapter mclud.ing bonds that may be forfeited 111 accordance with the provisions of this Act or regula· tions, rules, and order promulgated thereunder, penalties and fines, and all revenue collected from sales of fish and other aquatic products raised in fish farms, experimental and demonstration Page 381 stations established or which may be established under this Act. The money appropriated by this Act shall be disbursed by the proper officials, with the approval of the Secretary of Agriculture and (Commerce) Natural Resources, for the following purposes: (a) For scientific and economic research work relative to the fishes, sponges, and other aquatic resources of the 'Philippines; · (b) For the diffusion of knowledge among the fishermen of the Philippines; (c) For the study, improvement, propagation of the fishes and aquatic resources most suitable for Philippine waters; (d) For the establishment, maintenance and operation of experimental stations, farms, aquariums, and fish culture laboratories; (c) For the study, improvement, and in the culture of fishes and other aquatic resources, in the most economic and efficient manner of fishing, in the preservation of fish and other aquatic products, in the management of fisheries and canneries; (f) For all other purposes the object of which shall be to foster, propagate, and protect fishes, shelis, sponges and other aquatic resources of the Philippines and carry out the provisions of this Act. Said sum shall be appropriated annually in the Appropriation Act, commencing with the year nineteen hundred and thirty-four, and shall be available for the construction, maintenance, and repair of buildings, vessels, dams and other necessary structures; the purchase, leasing or reservation of the necessary land and building, the purchase of apparatus, instruments, chemicals, supplies, and other necessary material; the salaries, wages, and traveling expenses of the necessary personnel; and such other expenses as may be deemed necessary to carry out the purposes of this Act in an effective and adequate manner; Provided, That an· '"'pended balance of the fund collected and herein apPage 382 Republic of the Philippines COMMISSION ON ELECTIONS Manila LIST OF MUNICIPAL OFFICIALS ELECT November 11, 1947 Elections (Continued from June number) PROVINCE OF BUKIDNON lMPASUGONG Mayor ............. Jacinto A. Pace (L) Vice-Mayor ........ Leon S'lagon (L) Councilors: 1. Eusebia Olinay (L) 2. Albino Imhay (L) a. Isidoro Lomanoy (L) 4. Juan E. Gregoncion (L) MALAYBALAY May.or ...... Teofilo Salcedo (L) Vice-Mayor ........ Anselmo Binayao (L) Councilors: 1. Juanito Hunla-an (L) 2. Isidro Marte (L) a. Anacleto Tones (L) 4. Mauricio Bagiohan (L) 5. Castulo Jagualing (L) 6. Anecito Yamoc (L) MALUKO Mayor ... Amado D. D'.tona (L) (declared elected by court of First Inst. Vice-Mayor . . Teofilo Madula (L) Councilors: 1. Aniceto Mancawan (L) 2. Anselmo Somonda (L) 3. Pedro D. Gawahan (L) 4. Ramon Sugdan (Independent) 5. Bernabe K. Guinayao (L) 6. Emedio Linan (L) TALAKAG Mayor ............... Juan Amornn (L) Vice-Mayor·;-- ... Matias Salcedo (L) J:;ropriated at the end of each year shall not revert to the National Treasury but shall be used for the purposes fer whi h it w 1s appropriated. (As amended by C. A. 471-1.) (To be continued) THE LOCAL GOVERNMENT REVIEW Councilors: 1. Rosendo Besto (L) 2. Bernabe Gamat (L) 3. Santo Bristol (L) 4. Pio Dagoyo (L) 5. Roman Sindangan (L) 6. Miguel D. Quiachon (Independent) PROVINCE OF BULACAN ANGAT Mayor- - - Francisco Illescas (L) Vice-Mayor - Faustino Sombillo (L) Coiinmlors: 1 . Benito Mangahas Sr. (L) 2 . Jo.se M. Capistrano (L) 3. Antonio Buenaventura (L) 4. Marcelino Cruz (L) 5. Meliton Santos (L) 6. Marcelo Adriano (L) BALIUAG Mayor--- Servando C. Santos (N) Vice-Mayor - Antonio Tagle (N) Councilors: 1. Paterno Fernando (N) 2. Felipe de Jesus (N) 3. Jacinto Montano (N) 4. Roberto E. Chico (L) 5. Fidel Cruz (N) 6. Silvino Labao (N.) 7. Guillermo Acuiia (N) 8. Sergio Yutadco (N) BIG AA Mayor - - - Pancracio Atienza (L) Vice-Mayor - Antonio de Jesus (L) Councilors: 1. Dakila F. Castro (L) 2. Victor Enriquez (L) 3. Juan Hernandez (N) 4. Alfonso Galvez (N) 5. Gregorio Alcaraz (L) 6. Nenita V. Mariano (L) BOCAUE Mayo.·---Moises E. Nicolas (L) Vice-Mayor - Avelino Mendoza (L) Cmmmlors: 1. Teodoro Geronimo (L) 2. Severo Rivera (L) 3. Elias Salvador (L) 4. Candido Ramirez (L) 5. Epifanio de la Cruz (L) 6. Gregorio S. Pajarillo (L) 7. Pedro G. Reyes (L) 8. Simeon Mauricio (N) BULACAN Mayor - - - Evaristo de! Rosario (L) JULY, 1949 Vice-Mayor - Pablo A. Flores (L) Councilors: · 1 . Pastor Salita (L) 2. Andres de Jesus (L) 3. Mariano de la Cruz (L) 4. Ramon Martinez (L) 5. Matias Faj~rdo (L) 6. Marcos Lopez (L) 7. Manuel Morelos (L) 8. Severo Carlos (L) BUSTOS Mayor---Amado Raymundo (L) Vice-Mayor - Serafin Juliano (L) Coitncilors: 1. Candido R. Cruz (L) 2. Antonio Lopez (L) 3. Pastor Gatuz (L) 4. Mauricio Esperidion ( L) 5. Segundo Francisco ( L) 6. Enrique de Leon ( N) CALUMPIT .Mayor---'Fausto Carlos (L) l'ice-Mayor - Gregorio Bernardino. (L) Councilors: 1. Sabino Puno (L) 2 . Dominador Mallari (L) 3. Deogracias Sambilay (L) 4. Agapito Torres (L) 5. Rufino Va!er0 (L) 6. Juan Bantog (L) 7. Pedro Fajardo (L) 8. Maximo N. Grego1·io (L) GUIGUINTO Mayor--- David P . San Pedrn (L) Vice.Mayo>" - Ricardo F .Figueroa (L) Councilors: 1. Demetrio de la Cruz -(L) 2 . Esteban Cruz (L) 3. Victoriano Joaquin (L) 4. Angel Narciso (L) 5. Lorenzo Hernandez (L) 6. Santiago de Leon (L) HAGONOY Mayor---Dominador F. Catalig (L) Vice-Mayo1· - Pablo R. Bautista (L) Councilors: . 1. Raymundo Garcia ( L) 2. Jose R. Sy Tamco (L) 3. Consuelo S. Calalang (L) 4. Tomas Sy Alvarado (L) 5. Juan C. Cruz (L) 6. Jorge A. Vargas (L) 7. Nicolas A. Valderama (L) 8. Alejandro Estrella (L) Page J83 MALO LOS Mllym·---Cal'los P. Maclang (L) Vice-11-Iayor - Urbano R. Santos (L) Councilors: 1. Meliton M. Castillo (L) 2. Damaso Caluag (L) 3. Dionisio Dimagiba (L) 4. Irineo Mendoza (N) 5. Melencio E. Aniag (L) 6. Pedro B. Joson (L) 8. Angel Calalang (L) MARI LAO ' Mayo1·- --Miguel Villarica (L) Vice-Mayo?' - P edro Trinidad (L) Councilo1·s: 1 . Primo S!\lltiago ( L) 2. Delfin Pantaleon (L) 3. Leoncio de la Cruz (L) 4. Panfilo Bonifacio (L) 5 . Simplicio Cruz (L) 6 . Clemente Concepcion (L) MEYCAUAYAN Mayo1·---Lope 0 . Daez (L) Vice-Mayo1· - Leonc'o Sarno (L) Cr;1 01cilors : 1. Flaviano Dazo (L) 2. Pedro Floro (N) 3. Valentin Asuncion (N) 4. Felix Sarno (L) . 6 . Geronimo Z. Gaanan (L) 6. Jose Banez (N) , . Celso Legaspi (L) 8. Martin Ramos (L) NORZAG,\RA Y Mayor---Eufemio T. Correa (L) Vice-Jiayor - Santiago Gener (N) Counciloi·s: 1. Ricardo Correa (L) 2. J cse M. Pascual (N) 3 . Pedro P. Pascual (N) ~ . Esteban Merced (N) 5. Azor Cr cz (L) 6·. Oliva S. Merced (LJ° OBANDO Nfayo1 · ---Genar o Jacinto (L) Vice-Mayo1· - Angel Joaqui~ (N) Cou-r1cilors: 1. Ruben Austria (N) 2. Ca~i miro Santos (N ~ 3 . Teodoro Santiago (LJ 4 . Felix Enriquez (L) 5. Mariano Legaspi (I.1 6 . Benito Valeriano ( L \ PANDI Nfayor - - - Matias Salvador (N) Vice-Mayor - Alejancli·o H. Santos (N) Page ·334 Councilors : 1. Sabino Reyes (N) 2. Apolonio J aointo (N) 3. Gregorio Gonzales ( N) 4. Pedro Estrella ( N) 5 . Isidro Salazar (N) 6. Gregorio Estrelia ( N) "AOMBONG llfoyo1·--'-Jose Lopez (L) Vice-Mllyor - Maria V. Lindayag (L) Collncilors : 1. E liseo Clemente (L) 2. Tomas C. Roxas (L) 3. Amado Miranda (L) 4. Emilio Bantigue (L) 5. 'J)burcio Sumera (L) 6. Vicente Ampil (L) 7 . Emilio Galvez (L) 8. Jose L. Manalo (L) P 0 L 0 Mayo1· -· - - Floi·entino L. Dea to (L) Vice-Mayor - Alfredo de Leon ( L) Councilors : 1. Salvador Miranda (L) 2. Cenon Hipolito (L) 3. Crispulo Cruz (L) 4. Pedro Faustino (L) 5. Eusebio de Leon (N) 6. Urbano Zacarias (L) PLARIDEL Mayor - - - Jose J. Mariano (Lt Vice-Mayor - J ose de J esus (L) Conncilors : 1. Domingo Garcia (L) 2. Benigno Manio (L) 3. Pedro de la Cruz ( L) 4. J cse de Guzman (L) . 5. Ariston de J esus (L) 6. Emilio Pineda (L) PULILAN Mayor- - - Celestino Crnz (N) Vice-Mayor - Rufino P. Maiiego (L) Councilors : 1. Dominador Perez (N) 2. Virgilio Espino (L) 3. Catalino Manalad (L) 4. Ricar do S~n Pedro (L) 5. Alfredo Reyes (N) 6. Teofilo Calderon ( N) SAN ILDEFONSO Mayor--- Enrique Viudez (N) Vice-Mayor - Fernanflo V. Verde (L) Co11.n.cilors: 1. Venancio Ventura (N) 2. Nicanor Valdezno (N) THE LOCAL GOVERNMENT REVIEW 3. Jose Salonga (N) 4. Fausto Cruz (L) 5. Petra Pastrana (L) 6. Angeles Villora (N) SAN JOSE DEL MONTE llfayor- - - Feliciano Avan.-:eik1 fL) Vfoe-Mayor - Vicente Villar (L) Councilors: 1. Asuncion Diaz (L) 2. Dominador G'uevan (L) 3. Maximo Herrera (L) 4. Benito Nieto (L) 5. Alejo de la Pacion L) 6. Felipe Policarpio (L) SAN MIGUEL Mayor---Eugenio Tecson (L) {!ice-Mayor - Marcelo ·E. Pinada (L) Councilors: 1. Ricardo de Guzman (N) 2. Miguel M. Ocampo (N) 3. Romeo T. David (L) 4. Felix M. Tayag (L) 5. Moises V. Ligon (L) 6. Alfredo V. Ligon (L) 7. Cesario T. Dino (L) 8 . Guillermo Sta. A~a (L) SAN RAFAEL llfaycr---Serafin V. Valero (L) Vice-Mayor - Horacio Gonzalez (L) Councilors: 1. J ose I. Valte IL) 2 Norberto Bernabe (N) 3. Francisco Varilla (L) 4. Mariano Valmeo (L) 5. Macario Mendoza (N) 6. Nicanor Villangca (N) SANTA MARIA Mayor - - - Conrado H. Ignacio (L) Vice-Mayor - Ricardo G. Nicolas (L) Councilors: 1. Julio Batongbakal (L) 2. Pablo Ramos (L) 3. Miguel Cruz (L) 4. Al'cadio Lizasco, Jr., (L) 5. Cecilio B. Flores (L) 6. Pastor Sanchez (L) 7. Alejandro Geri:nar (L) 8. Fortunato M. Jorda (L) JULY, 1949 WORLD HEALTH DAY (Proclamaticn No. 129, dated May 6, 1949, of the President of the Philippines.) "WHEREAS, the first World Health Assembly adopted a resolution in July, l 948, suggesting that the 22nd day of July each year be set aside as "World Health Day"; "WHEREAS, the observance of a •·world Health Day" would arouse public interest in, and support of, the aims of the World Health Organization, of which the 'Philippines is a member; and "WHEREAS, .the health of mankind is one of the factors contributory to world peace, harmony and understandmg; "NOW, THEREFORE, I, ELPIDIO QUIRINO, President of the Philippines, do hereby declare the twenty-second day of July of each year as 'World Health Day'." DATU AMBULO MARUHON Provincial Board Member of Lanao Page 385 NORMAL MONTHLY AND ANNUAL TE~~f'ERATURE FOR SEVERAL SELECTED STATIONS OF THE WEATHER BUREAU IN THE PHILIPPINES* Basco, Aparri, Tuguegarao, Laoag, Vigan, Baguio Month Batanes Cagayan Cagayan Ilocos N. Uocos S. City (37 years) (38 years) (37 years) (32 years) (38 years) (32 years) oF. oF. oF. oF. oF. oF. January - - - - 72.1 73.4 73.6 7G.6 77.7 61.9 February - - - 72.7 74.3 75.6 77.5 78.1 62.6 March - - - - 74.7 77.0 79.0 80.6 8Q.4 64.4 April - - - - 76.5 80.1 82.0 83.1 82.9 66.0 May - - - - - 81.5 81.9 83.3 83.3 83.5 66.0 June -- - - - - 82.9 82.8 83.3 82.0 82.4 65.5 July - - - - - 82.8 82.0 82.0 80.8 81.0 64.4 August - - - - 82.2 81.7 81.7 80.4 80.4 63.9 September - - ...,-- 81.5 81.0 81.0 80.8 80.8 64.2 October - - - - 79.3 79.3 78.8 80.2 81.0 64.4 November - - 76.5 77.2 76.6 79.2 80.1 64.2 December - - 73.4 74.7 74.5 77.2, 71!.6 63.1 Annual - 78.0 78.8 79.3 80.1 80.6 64.2 Dagupan MANILA Daet, Legaspi At:monan, Calbayog, Month City CITY Cams. N. City Quezon Sa mar (38 years) (59 years) (20 years) (38 years) (38 years) (37 years) January - - - - February - - - March - - - - Apdl - - - - May - - - - June - - - - - July - - - - - August -- - - - i",eptember - - - October - - - - November - - - December - - - An~ual - - - oF. 78.1 79.0 81.3 83.7 83.5 82.2 80.6 80.6 81.0 81.1 80.1 78.6 80.8 oF. 76.8 77.7 80.1 82.8 83.3 82.2 80.6 80.6 80.2 79.9 78.4 77.2 80.0 Capilz Capiz (38 years) oF. January - - - - - - 78.4 February - - - - - - - 78.6 March - - - - - -- - - 80.1 April - - - - - - - - 82.0 May - - - - - -- - - 82.6 June - - - - - - - - 81.5 July - - - - - - - - 80,8 August - - - - - - - - 80.8 September - - - - - - - 80.2 October- - - - - - - - 80.4 November - - - - - - - 80.2 December - - - - - - 79.3 Annual 80.4 Page 386 oF. oF. oF. oF. 76.8 78.3 77.4 76.8 76.6 78.6 77.7 77.2 77.9 80.2 79.5 79.9 79.9 82.0 81.7 79.5 81.1 82.9 82.8 80.6 81.3 82.4 82.0 80.6 80.4 81.3 81.3 80.8 80.8 81.3 81.3 81.5 80.1 81.0 80.6 80.6 79.2 80.8 80.4 79.3 78.8 80.1 79.5 78.4 77.5 79.2 78.3 77.7 79.2 80.7 80.2 79.4 TacLoban, IllOilo CebN Leyte City City (37 years) (38 years) (38 years) oF. oF. oF. 77.9 78.3 79.2 78.3 78.8 79.5 79.3 80.4 80.8 81.0 ~2 . 6 82.6 82.0 82.8 83.1 81.5 81.7 82.4 81.1 80.8 81.7 81.7 80.2 82.0 81.3 80.6 81.7 80.4 80.4 81.5 79.5 79.9 80.8 78.6 79.0 80.1 80.2 80.5 81.3 THE LOCAL GOVERNMENT REVIEW Month Surigao, Surigao (38 years) oF. January - - - - - - - - - February - - - - - - - - - March - - - - - - - - - - April - - - - - - - - - - May - - - - - - - - - - - June - - - - - - - - - - J u l y - - - - - - - - - - - August - - - - - September . -~ - - - - - - October - - - - - - - ·- - Nov~mber - - - - - - - - December - - - - - - - - - Annual - -- - - - - - - NOTE : 77.9 77.9 78.8 80.1 81.0 81.1 81.3 81.9 81.3 80.6 79.3 78.4 80.0 Tagbilaran, Bohol (38 years) oF. ' 78.1 78.3 79.3 80.8 81.7 81.3 81.3 81.7 81.1 80.4 79.5 78.8 80.2 Zamboanga City (37 years) oF. 79.2 79.2 80.1 80.4 80.4 79.9 79.9 80.2 79.9 79.7 79.7 79.5 79.8 The mean temperatures given for MANILA CITY are the averages of 24 daily observations, and all the , rest of the stations have been deduced from six daily observations (2, 6, 10 a.m.; 2, 6, 10 p. m.). After a careful comparison of these two methods made wfth the MANILA CITY observations, the means ded,uced from 24 daily observations and those obtained from six daily observations are practically the same. The monthly mean temperatures for the whole Archipelago as deduced from the averages of all the stations, disregarding those of Baguio, Mountain Province and Silang, Cavite for being high stations, are: oF January - - - - - 77.7 February - - - - - 78.1 March - - - - - - 79.7 Arpil - - - - - - 81.7 May - - - - - - - 82.6 June - - - - - - - 82.0 July - - - - - - - 81.3 August - - - - - - 81.3 September - - - - - 81.0 October - - - - - - 80.4 November - - - - - 79.7 December - - 78.6 Annual - - - - - 80.3 Accordingly, the year might be divided into seven warmer months (April to October) with a mean monthly temperature of 80.4 to 82.6 ~F. and five colder months (November to March) with a mean monthly temperature of 77.7 to 79.7 °F. MAY is the ·warmest month and JANUARY ilie coldest. As for MANILA CITY and other places with similar monthly distribution of temperature, the year might be divided into three warmer months (April to June). four colder months (November to February) and five months of intermediate temperature (March, and July to October). * As furnished on June 8, 1949, by Director Casimiro de! Rosario of the We~ther Bureau. JULY, 1949 Page 387 REGULATIONS FOR PLAYING OR SINGING THE PHILIPPINE -NATIONAL ANTHEM It has come to our attention that the Philippine National Anthem has been and is being commonly played or sung on frivolous occasions or in inappropriate places as in social gathermgs purely for recreation or amusement purposes. This robs. our anthem of its nal10wed national attributes and cheaprns it~ significance. The Philippine National Anthem is a ~olemn expression of the history, cus· toms, traditions .and institutions of our country. It symbolizes the lofty aspirations, struggles and heroic sacrifices d our forebears to the end that those l·»ho come after them may enjoy the ble·ssings of freedom, • peace and prosperiy. · We should therefore hold it in: .venera.tio·n for what it stands. ln view of this and in order to inoulcate profound respect for the anthem among the citizens, it is urged that the Philippine Nat10nal A nthfm ~ hould be played or sung only in public places on occasions of. an official or ~emi-official character or during the hoisting or lowering of the official flag of the 'Philippines or in performances •1r celebrations of an official character held in public or private schools or on €imilar occasions. For this reason the playing or singing of the same in places or occasions that are unsuitable or inappropriate, where it does not likely merit the consideration and veneration that it deserves, such as in carniva1h;, balls, moro-moro plays, coronation of bPauty queens, or any social gathering or any meeting for amusement, recreation or entertainment and the like should be discouraged. W!henever the President of the Philippines, .the Vice-President, the Sena1 te President or the Speaker of the House of Representatives should make an official visit and a public manifestation is neces~a ry to welcome them, it shall be ootional on this occasion to sing or play the national anthem. Tradition sanctions the playing of the Philippine Na.tonal Anthem in catholic P age 388 churches or churches of any relgious denomination or sect in connection with some solemn ceremonies. This practice should not be disturbed. It is urged that this circular be transmitted to a.JI municipalities and municipal districts enjoining them to give it the widest publicity possible in order to l'P.mind all concerned how irreverent and disrespectful it is to play or sing the Philippine National Anthem on fri - 1·olous occasions which belittle its significance or which do not inspire in the citizens the highest veneration for our Anthem ..... PROVINCI.AL CIRCULAR (Unnumbered), dated Feb. 15, 194.9, of Secretary of the Interior. ........... ,, .... "'~"'"""""'"'"""""""""""'"'""""""'"'""""'""'""""""""""'"'""""'"""""""'":""'"""''" -'''"'''"'''''''"'''''""'''''':II'''''''''''''"'''''''"'''''''"'''''"'''''"'"''''''"''''·'"''''''"''''"""''''"'''''''"'''''·"'''""' " !I ALWAYS A STEP AHEAD IN THE II , _ o;o _ STYLE PARADE [i At Your S ervice ~ " § ~ ii <~"~'1 11 AR:~;~;·~~;:,. 110~0_0:0_ E = A ssisf,an t 1Vl gr. & Cas1der 111~;%;~r~~~t~~~~~~~ _Tel . l ~ :~.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;::::::::::::::::;::~:::::::::::::: ...... ,,, ................ 111 .. ,,J Compliments of PANCITERIA WA NAM 948 Ongpin THE LOCAL GOVERNMENT REVIEW THE MAURA LAW Royal Decree of May 19, 1893 (Continued from June Number) ROYAL DECREE On the recommendation of the Colo~ial Minister, with the concurrence of the Council o:( Ministers, in the name of My August Son .the King, Don Alfonso XIII, and as Queen Regent of the Kingdom, I hereby decree the following: CHA·PTER ONE- ORGANIZATION ARTICLE I.-Municipa;l Tribunals Section 1. The popular corporations, called in the Philippine Islands "Tribunals of the Towns", shall hereafter he called 'Mu,nicipal Tribunals." Each of these shall represent the legal union, of all the persons residing. wi1 thin the jurisdiction of the town and shall administer the communal interests and property. Section 2. There shall be a municipal tribunal in each town of the islanids of Luzon and ithe Visayas which, not having constituted itself into a municipality, as prescribed by the Royal De_ cree of November 12, 1889, contributes to the State more rt:han one thousand' cedulas a year. Exception is made of, the City of Manila, whose government is not changed. The towns which do not contribute one thousa'llld cedulas shall conitinue under the form of government to which they are su:bjeot at the present time, until the said number is reached. Section 3. The Municipal Tribunal shall consist of five persons, whereof one .shall be called Captain, and the .other four Lieutenants (one Chief Lieutenant, one Police, one oi' Fields, and one of Cattle). The Chief Lieut· enant shall act a~ Councilman-Syndic .and shaU twke the place of the Cantain in case of vacancy, absence, or dfsabiIity. The substitution for the Captain or Chief Lieutenant shall fall to the .other lieutenants in the order of. sue· .cession given. Section 4. The five offices shall be JULY, 1949 conferred by election, by a .plurality of votes at a secreit ballot, effected in the following manner: Upon the day publicly fixed for the purpose by the Governor of the Province, the P1incipalia of each town, with the attendance of. the Reverend Parish Priest anid of the outgoing Captain, shall designate twelve residents as electors; six of them froil) among the cabezas de barangay who may have served without bad record for a period of ten comiecutive years and from among those serving at the time of the election; three from among the former captains, and three others from among the highest taxpayers of the town, not belonging to any of rt:he previous classes. If, in any town, the six cabezas de barangay cannot be designated, the number shall be made up with former captains; and, in ithe a:bsence of the latter, with taxpayers. !Among these twelve resident electors there cannot be included accused perbons against whom a sentence of im· prisonment has been issued; those who may have been di• sciplined administratively more than three times for bad conduct; those who may have suffered corporal to civil interdiction or to the surveillance of the authorities by virtue of a sentence of a tribunal of justice; debtors to municipal, provincial, or vublic treamry funds; those who have pending contracts with the municipal tribunal, the province, or the State, which are to be executed within the municipal district; and those who are in litigation with the municipal tribunal to which they belong. Section 5. The twelve residents thus deputed by the Principalia shall, in turn, elect on the same occasion, also by a plurality of votes· and by secret ballot, first the Captain, and then, without interruption, successively, the Chief Lieutenanlt and the Lieutenants of 1Police, of Fields, and of Cattle. Pag~ 38D ln the ·same manner, they shall elect two oither persons as substitutes. The Governor of the Province, as Delegate of the Governor-General, shall issue their commissions to the captains elected, ais •sooni as he shall receive the certificwte as evidence of the election. Section 6. A certificate in duplicate, subscriood by the twelve resident electors and countersigned by the Re.verend Parish Priest and the outgoing Cap" hdn, shall be prepared of the proceeding and of their result, as prescribed in the two preceding sections. Li·sts of the persons, elected as delegates of the Principalia and as members of the Municipal Tribunal, shall be posted in the town-hall on the day of the election, the aninouncemenrt statting that aHowance is made for three days wherein to file objections. Upon the ex·piration of this period, a copy of the ceritificate of election, with the objections ff there are any, sha!J be forwarded to the Governor of the Province, who sha'•' decide, on or before the third day, and with the concurrence of the 1 Provincial Board, on the legality and validity of the elections; and in every case. he shall report his decision to the Governor-Gellleral, together with all the antecedenrt details, if there are objections. After the Governor of the Province shall have ap.proved the election, the persons elected shall take possession of. their offices. Section 7. The twelve residents referred to in Section 4 shall reprseent the Principalia to its delegates, and shall take part, together with the Municipal Tribunal, in the deliberations and affairs mentioned in this provision, upon the call of the Captain. By Principalia shall be understood the group of per.sons in each town, indefinite in number, consisting of those formerly ca!J.ed gobernadorcillos, tenientes de jwsticia, cabezas de barangay in active service or who may have occupied the office for ten consecutive years without any bad record, former captains, municipal lieutenants who may have held their positions during the legal tenure of office without a bad rePage 390 cord, and residents paying 50 pesos as land tax. Section 8, The offices of captain, municipal lieutenants, substitutes, and deputy electors of the Principalia are honorary and ·graituitous. Their discharge shall be obligatory for a period of four years, if none of the grounds for exemption enumerated1 in Section 11 is formally shown and established. Section 9. To be eligible for captain, the following qualifications are required: 1. Be a native, or a Chinese mestizo. 2. Be more than twenty-five years of age. 3. Be a resident of the town for four years prior to the date of the elections. 4. Read and write Spanish. 5. Be a cabeza de barangay with four years' service, with all his accounts seittled and current, and enjoying a good public and private reputation, or had been for two years gobernadorcillo, captain, or chief Ueutenant, or for six years cabeza de barangay without a bad record. Similar qualifications are required for election as municipal lieutenant or >mbstitute, but without the necessity of a fixed period in the occupancy of the offices of gobernadorcillo, captain, chief. lieutenant, or cabeza de barangay. The following can in no case be elected to the offices of captain, lieutenant, or substitutes: the twelve residents entrusted with the election, as long as they are discharging their duties as electors, nor for one year thereafter; ecclesiais1 tics; those receiving salaries from local, provincial, or municipal funds; lessees, or their bondsmen, of the ways and means and supplies of a town; subordinate employees of the State, in any of its branches, unless they ·Shall have previously resigned from their positions; bankrupts and persons undergoing trial; and debtors to public funds, whatever may be their nature. Section 10. Every two years, two of the muniicipal lieutenants, one of the substitutes, and four of the twelve residents in charge of the election of the THE LOCAL GOVERNMENT REVIEW Tribunal (two among those of the cabeza de barangay class, one of the forr;ler ca:ptain class, and another of the taxpayer class) shall cease in off.ice. The designation of those persons who are to cease in these offices shall foke place for the first time by Jot be'fore the Municipal Tribunal and the twelve deputy electors ·presided over by the Captain>, with the attendance of the Reverend Parish 1 Priest. In the second and s_ ubsequent renew:ils by half of the lieutenants and substi. tutes, the oldest in point of service shall go out. In tbe ·second renewal by one·third of the twelve resident electors, the cast_ ing of lots shall be resorted ito as in the first instance. In the third and succeeding renewals, the oldest in point of service shall go out. ' The election1 of the officials rto take the places of the outgoing ones shall take place after the casting of lots and the record of the proceedings shal'l be made in duplicate, one of. rthe copies, countersigned by the Captain and the Reverend Parish Priest, to be .sent to the Governor of the Provi.nce, who shall make a report to the Governor-General. The su'hstitute lieutenants and residents, who are to cease in office, may be reelected only after two years following the expiration of their term of office. If reelected after this period, they cannot decline the office, unless they come under the exemptions specified in Section 11. Section 11. The following may be exempted from serving as captains, lieutenants, or substitutes: Persons more than sixty years old. 1 Persons physically disabled. Persons who have occupi.ed such positions for a period o.f sixteen years. Section 12. The Captain shall pre· side over the Municipal Tribunal; he ~hall represenrt that body; he shall pu· blish and carry out its resolutions; he may suspend their execution wheru they involve a matter foreign. to the duties of the Tribunal, are prejudicial to the interests of the town, or are dangerous to the public order; he shall issue proJULY, 1949 clamations regarding urban and l'Ural municipal offices, schools, and other branches of the service; he ·shall appoint, suspend, and remove the officia:ls, assistants, and subordinate employees of the Municipal Tribunal who are provided for in the town. budget; he shall direct the administration of the town; he shall order payments; he shall re·quire a prompt deposit of coHections and shall preside at the public auction which the Tribunal may order, accompanied for this purpose by a lieutenant t.nd by the two oldest members representing the Principalia. To corre_ct any offenses which may be committed within the municipal confines, with regard to the services 'vhich are especially entrusted to the municipal tribunals, the Captain may impose the disciplinary penalties of warning, summons, and fine, the latter not to exceed four pesos. At the time of collecting the fine, the Captain, or the persons acting in stead, shall in every case issue a receipt countersigned by the ranking lieutenant, stating the amount, the date, and the · reason for the penalty. The proceeds from the fines shall be deposited in the treasury of the "Income of the Towns", with a list and detailed statement thereof. (To be continued) • •UCl510M W0UM05H I~ • 5 • UM I M4~0<0 f lHl5M * (yt { AT( H!HG H AUTV Page 391 AlillVlllt~ Ut IHt LUllAL-tiUUHftMtnl~ RnD lhtlK UtrlGIRC3 Minutes of the Conference of !Provincial Governors and City Mayors held in Manila, October 4 to 9, 1948 (_ Continued from June Number) No. 36 WHERJE,AS, since his assumption to !he Office of President of the R~pu public of the Philippines, His Excellency, President Elpidio Quirino has amply demonstrated his excellent qualities ag Chief Executive, proved by his successful implementation of the basic programs of administration of which the Liberal Party stood during the last National election of 1946, under the leadership of th~ late President Manuel A. Roxas, particularly as to peace and or<ler, rehabilitation an<l social amelioration of the people, and the laying down of a far-sighted basis of our foreign policy; WHEREAS, we have noted that the people in our respective provinces are unanimous In their praise of the manner His Excellency, President Elpidio Quirino conducts the affairs of the Philippine Republic, and are rea,Jizing the !•eneficial results of his benign an<l practical execution of .the program of Government .Administration of the party in power, and believe and feel that His Excellency should be afforded unqualified support in carrying out to a successful conclusion his policies an<l said program of government which he has so far successfully implemented; WHER!E'AS, the term of office of the President will expire on December 31, 1949, when the program of reconstruction and rehwbilitation of this devastated country which His Excellency, President Quirino is successfully executing shaJl still be then in the finishing proces'S of execution; WHEREAS, to enable him execute his benign and practical policies of administration to a successful conclusion, it is imperative that His Excellency, President Elpidio Quirino be given another term of office; WHEREAS, considering the almost insurmountable difficulties being encountered by the present Ship of State requiring the steady and competent Page 392 hand of His Excellency, President Elpidio Quirino, and considering further that it is not advisable now and in the immediate future to "Swap horses in mid-stream" due to the unsettled state of international affairs; NOW, THEREFORE, the 'Provincial Governors and City Mayors in convention assembled do hereby unanimously RESOLVED, to express by means of 1 ,his resolution its complete confidence in the leaders:hip of His Excellency, Elpidio Quirino, President of the Republic of the Philippines. RESOLVED FURTHER, to forward this resolution to His Excellency, Elpidio Quirino, President of the Philippines, Manila, for his information_ Carried. No. 37 WHERIE.AS, the vice-mayors and members of the municipal councils are_ at present still receiving a per diem of P2.00 each when actually atte'Ilding sessions of the councils as fixed in Section 2187 of the Revised Administrative Code; WHEREAS, this rate of per diem is now so low that it win not amount so much with the present cost of. living to meet the cost of representation required by their offi.ces in the performance of their official duties, in attending official and social functions; The Conference of Provincial Governors and City Mayors after due deliberation on the matter and believing in the efficiency of the government service when its public servants in their official dealings ably represent their constituents, RESOLVED, as it is hereby resolved, to petition the Congress of the Philippines to amend Section 2187 of the Revised fl_dminislrative Code fixing the rate of per diem of the vice-mayors and members of the municipal councils at not less than f'3.00 but not more than Pl0.00, depending upon the class of the municipality, or P3.00 for 5th, THE LOCAL GOVERNMENT REVIEW P.4.00 for 4th, 1'6.00 for 3rd, P8.00 for 2nd, and Pl0.00 for 1st class municipalities. I R!ESOL VED F'URTHER, to forward this resolution to the Congress of the Philippines, Manila, thru the Honorables, the Secretaries of both Houses, for their information and favorable consideration. Carried. No: 38 WHEREIAS, in order that matters taken up and resolutions passed and approved by this Body be realized with a view 1o having them yield beneficial results; WHEREAS, in order to fully attain this end a committee needs be formed for the purpose of -pushfng through all resolutions passed by this Body; NOW THERE!FORE, in view of the foregoing considerations the Conference of Provincial Governors and City Mayors has Upon motion of Governor Perfecto Faypon of Ilocos Sur RESOLVED, to create a committee to be called "Committee on Understanding and Public Relations" to make proper representations of the accomplishment of the Conference of Provincial Governors and City Mayors to the :President. RESOLV1E:D < FURTHER, that the committee thus created by this resolution shall compose of the following: Governor Jose 1 B. Lingad of Pampanga ---------------- Chairman Governor Jacinto Borja of Bohol ------------------------ Member Governor Felipe Azcuna of Zamboanga ---------------Governor Mariano Penaflorida of Iloilo -----------Governor Perfecto Faypon of Ilocos Sur _______ _ Mayor Miguel Raffifian of Cebu City ---··········-·· Mayor Manuel S. Rojas of Cavite City ____ _ RESOLVED 'FINALLY, to furnish copies of this resolution to the Chairman and Members of said committee for their information and guidance. Carried. JULY, 1949 No. 39 WHEREAS, th'at part of the National Highway leading to the Cagayan Valley, between Nueva Ecija and Isabela, specially along the mountains, is infested with bandits and highway robbers who have from time to time :nolested and harrassed travelers and actually gone to the extent of .committing murders and violated female passengers besides robbing them of their .personal belongings and money; WHEREAS, that section of the National Highway is an ideal spot for the commissi.on of such crimes in view of the terrain and its remoteness from police and constabulary headquarters; and WHEREAS, these conditions if not properly checked will discourage traffic to and from the Cagayan Valley 1md thereby disturb the normal flow of commercial transactions between the northern and southern communities of Luzon and affect adversely economic and industrial rehabilitation in the areas affected; NOW TH!E.REFORE, on motion of Governor Silvino Gumpal of Isabela, seconded by Governor Jose A. Madarang of Nueva Vizcaya, RESOLVED, that the Honorable Secretary of the Interior be, as he is hereby, urged and requested to take immediate and adequate measures by directing enough units of police and constabulary patrols to be permanently stationed at regular intervals along the National Highway between San Jose, Nueva Ecija and Bayombong, Nueva Vizcaya to the end that robberies, murders, and other violent crimes committed by organized bandits and lawless <'lements in the area will be completely placed under effective control and that normal traffic in the area will be safely conducted. RESOLVED FURTHER, to forward this resolution to the Honorable, the :'lecretary of the Interior, Manila, for his information and kind consideration. Unanimously approved. No. 40 WHEREAS, the City of Manila is the capital and principal commercial :rnd industrial center of the PhilipPage 393 pines; and WHEREAS, the condition and state of public works, particularly that of flood control and drainage, therein which is the hub of. transportation and communication system of the Philippines, should likewise be of great concern to other and neighboring prov· inces; and WHI EHEAS, the value of the City of Manila as such a center has been greatly hamp·ered by its susceptibility to recurrent floods due mainly to its inadequate flood control and drainage systems·; NOW, THEREFORE, on motion bv Mayor Manuel de la .Fuente of Manria, be it RESOLVED, as it hereby resol~s that special funds be· provided by the National Government so that improvements may be undertaiken immediately with a view to solving the flood control and the drainage problem in the City of Manila, other cities and provinces. RESOLVED FURTHER, to forward this resolution to the Honorwble, the Secretary of !Public Works and Communications, Manila, for his information. Unanimously approved. No. 41 iWHEREAS, under Republic Act No. 267 cities and municipalities are authorized to contract loans from the Rehabilitation Finance Corporation, the Philippine National Bank and/or any other entities or persons at a rate of interest not exceeding 8'/'o per annum for the purpose of purchasing or expropriating homesites within their territorial jurisdiction, and reselling them at cost to their residents; WHlEHEAS, the problem of housing is felt more acutely in the City of Manila than in any other city or municipality in the Philippines considering the increase in population therein and the comparatively greater destruction to property caused by the last war; WHEREAS, there are still thous3nds of city residents without shelter, living only in shacks and make~shifts built on borrowed lands, without sanitary faeilities and other conveniences which Page 394 contribute to a decent living; !WHEREAS, th1:1 problem of housing also affects other cities and municipalities in the Philippines aHhough to a lesser degree; and NOW THERE1FORE, in view of the foregoing premises the Conference of Provincial Governors and City Mayors has On motion by Mayor de la Fuente of Manila, be it RESOLVED, as it hereby resolves, that in view of the seriousness of the problem, the Rehabilitation Finance· Corporation, the Philippine National Bank and any similar government entity be requested to reserve substantial amounts from their funds to be devoted exclusively for the purpose mentioned in Republic Act No. 267 in the procurement of contract loans by cities and municipalities from these agencies, and that in the application for these loans, technicalities and red tape be dispensed with as much as possible. RESOLVIE:D FURTHER, to forward this resolution to the President, iPhilippine National Bank, Manila for his information. Carried. (To be continuea) --oOo-. If there is any principle of the Constitution that more imperatively calls for attachment than any other it is · the principle of free thought-not free thought for those who agree with us but freedom for the thought that we hate ... .... Justice Oliver Wendell Holmes r;;;~~~:~·~;~~T~~~·l·~~·1 ~ Manufacturers of ; ~ "REMCO" 1 Fants ~ ~ Caruhatan, Polo, Bulacan ~ ~ ~ ~ Try our MAONG, KHAKI & RtA- j • YON Pants before you buy • ~ other brands. j ~ .................. ~~ ..................... ~ THE LOCAL GOVERNMENT REVIEW --------H 0 R 0 SC 0 PE * -------~ Were You Born in July JULY 1 Though conditions may fol'ce one of this date to do much traveling it will not change a great love for home and family. An ability to make people agree with y~u. suggests the field of selling. JULY 3 Possessing a wealth of personality, those born this date can do well either in social organization work or in the field of politics. Your ability to entertain will make you many friends. JULY 5 One of this date will be a great defender of high principles that are mixed with patriotism. Of strong opinions you will be happiest in public associations where you can w.in others to your thoughts. JULY 7 Bost to avoid dealings in stocks, bonds and finance. Your mind is liable to become so engrossed in scientific work that money will not mean much to you. Cultivr.te a pleasant fram~ of mind. JULY 9 You combine conservatism with an agile mind and for this reason your best efforts should come from work as an advisor or teacher. Try to avoid being overcritical. JULY 11 Creative and design worl< will find best expression for tlie artistic mind born of this date. Architectural desi.gn w!ll give play to your genius for beauty in building. JULY 13 Your success will be gained through careful study and close application to work, but a persistent mind and a rugged physical constitution will be your able supports. JULY 15 If this is your birthday you will be fond of studying human nature. This ability to analyze the characters of others will bring you in contact with men who will promote your success. * Fr0m NY AL JULY, 1949 JULY 2 You should be fortunate in sports and will secure more fame through your recreation than you will succeed in business. Indications are that you are ambitious but temperamental. JULY 4 There is rare honesty born this date that will do well in the management of financial affairs of others either in trust work or in a secretarial capacity. You will do best working for others. JULY 6 Love of nature and the animal kingdom should be evinced in early life. This presages a successful career in veterinary work or the study and improvement of live stock or small fur-bearing animal husbandry. JULY 8 One born of thi.s date will be a great lover of lakes and rivers with interest, if closely applied, that can become very successful in matters of transportation. JULY 10 Warning to be extraguarded against overindulgence is suggested to one born of this date who may be incl:i.ned to burn hi1melf uo too early. You are a great friend-maker. JULY 12 Today's child js endowed with extraordinary artistic talents, but they suffer through the jealousy or misunderstanding of others. You should be exception· ally fortunate in affairs of the home. JULY 14 The highly temperamental born of this date must learn to control emotions lest it be expensive in both business and friendships. Learn to give greater respect to the other fellow's opinion. JULY 16 Research work, especially as it applies to the study of people and human relations, should be your work. The study of law may lead you into .political work. Page 395 . \ JULY 17 Your great happiness will not come from money which it should be easy for you to accumulate with your natural good luck and success that comes easily. JULY 19 You are fond of argument and express your views rather freely. Even though you are usually i'ight, avoid boring peopk Your best efforts will be in the line of Jaw, salesmanship or omtory. "JULY 21 The inclination to become discouraged must be overcome and the sensitive nature strengthened. Too much regard for another's feelings will hold you back. JULY 23 Deep thinking and the formation _ of definite opinions may make you set in your own ways so that it becomes difficult for people to understand some of your good business motives. ---------------- ---JULY ~5 You are independent, capricio~~ and averse to humble service. There is danger, however, of your overburdening yourself with responsihilities and cares, being overenthus'astic at times. JULY 27 You possess an unusual individuality and must learn to place a proper value upon yourself. You have a warmth of feeling and broad sympathy for your fellow beings. You are sincere. JULY 29 A great friend maker is born on this date with an understanding of justice that should best find expression in either legal or public service work.. JULY 31 A versatile mind is born this date with a jack-of-all-trades ability that may find you attempting to further too many in'terests. The lesson you must learn is to specialize. Page 396 JULY 18 Avoid becoming too seriously involved with the misfortunes of others. With the charitable nature bo1·n this date you can be too liberal with yourself and your money. JULY 20 It is not always best to agree with others for the sake of peace and harmony. Your good nature will be imposed upon if you do not defend your right. JULY 22 You are very popular with people of your own age and by your congeniality wiU go far in most any walk of life that you choose. You are generous and kind . JULY 24 Your best field should be in a line of retail trade because of good capacity to buy and sell and make friends. Guard against an inclination to be overtrusting. JULY 26 Born. of this date is a good memory and a comprehensive understanding for events, days and years. This with your ready ability to make friends should find leadership in fraternal work. JULY 28 An easily excitable nature born of this date can readily develop temper that will cost friends and money. · Learn the fine . art of getting along with people. JULY 30 Your success will be best accomplished through self-dependence because you are inclined to think out your own i;>lans and execute them without the advice of others. "Ideals are like stars; you will not succeed in touching them with yoiw hands. but like the seafaring 1nan on the desert of waters, you chooee the?n as your guides, and following the?n, you reach yO'Ur destiny." -C. Schurz. THE LOCAL GOVERNMENT REVIEW