The Local Government Review

Media

Part of The Local Government Review

Title: The Local Government Review
Issue Date: Volume I (Issue No. 8) August 1949
Year: 1949
Language: English
Rights
extracted text: _ tOCAL GOVERKME OFFICE OF TM&. PR.HIDINT OSI THI P"41LIPPINILS MAl.ACANAW PHILIPPINES HERALDRY COMMITTEE APPROVID av ~!"PC::.!wr OF~ -·-~~~·9-~~~~~;:. . l!.XaCUTIYa sac aTAlll.V Tl.CMMICA&. CONSU&.T.AllT A1lD ACTllllG Sl.CRl.TA&Y QUEZON'S EPIGRAMS 1 . "Value your honor, freedom and independence, fight for them to the last." (John Hopkins Hospital, Baltimore, Maryland, 1934) 2. "Always remember that you are one nation and your unity is the source of your strength, peace and happiness" (John Hopkins Hospital, Baltimore, Maryland, 1934) :3. "Democracy without social justice is a farce." 4. "Do not pay heed to the evil counsel, couched in beautiful words by those who wish for nothing but self-aggrandizement." (Joh_n Ho:pkins Hospital, Baltimore, Maryland, 1934) 5. "Regard America as the true ally of the Philippines and adopt the policy never to quarrel with America." (John Hopkins Hospital, Baltimore, Maryland, 1934) 6. "Beware of Japan. Let us not be wanting in fair dealing with her but we should never permit ourselves to be under her. We will not profit from it." (John Hopkins Hospital, Baltimore, Maryland, 1934) 7. "Be at peace with every nation, but from anyone (except America) ask nothing." (John Hopkins Hospital, Baltimore, Maryland, 1934) 8. "True patriotism does not consist in shouting that you are willing to die for your country. We are not bound to be heroes all the time, nor is there an opportunity to be heroes everyday. Just do your duty everywhere and you will also be your country's patriots." (At the Zamboanga Normal School, Zamboanga, August 25, 1938) 9. "My loyalty to my party ends where my loyalty to my country begins." (At the Collectivista Convention at the Manila Opera House in 1922) 10. "I prefer a government run like hell ·by Filipinos than a government run like heaven by foreigners." (Quezon-Wood controversy, 1923) 11 . "Farewell, dear Mot}J.erland. Pray to G.od for me. And in Him repose your hope. He is most powerful and He is the origin and source of happiness. No nation will prosper and be happy that is without faith in God, or who forgets Him.'' Page 398 THE LOCAL GOVERNMENT REVIEW New LegislationsFirst Congress of the Republic) of the Philippines ) H. No. 1013 ,Fourth Session ) [Republic Act No. 383] AN ACT TO AMEND SECTION TWENTY-ONE HUNDRED AND SEVENTY-SIX OF THE REVISED ADMINISTRA,TIVE CODE OF NINETEEN HUNDRED AND SEVENTEEN AS AMENDED Be it enacted bif the Senate and Hoiise of Representatives of the P:hii· ippines in Congress assembled: Sectim 1. Section twenty-one huntlred · and seventy-six of. the Revised Administrative Code of nineteen hundred and seventeen, as amended, is hereby amended so as to read as follows: "Sec. 2176. Inhibition against holding ·Of pecuniary interest of municipal official, exceptions.-lt shall be unlawful for a municipal officer to possess a pecuniary interest, either direct or in-direct, in any municipal contract, contract work, or other muncipal business, <>r to hold such interest in any cockpit ·Cr other game license~ by municipal authority, but the Vice-Mayor when not acting as or performing the ·duties of the Mayor, and the councilors when not attending sessions of the council, may be employed in National or iprovincial public works within .the province in which they reside and may receive compensation therefrom in addi,tion to the 'per diems' authorized by section twenty-one hundred and eighty-seven o:ll this Code." Sec. 2. This Act shall take effect upon its approval. Approved, June 17, 1949. First Congress of the RepubJ.ic) of the Philippines ) II. No. 1313 !Fourth Session ) 'Begun and held in the City of Manila on Monday, the twenty-fourth of January, nineteen hunidred and forty-nine [Republfo Act No. 371] AN ,ACT PROVIDING FOR AN EQUAL DISTRIBUTION BETW(EEN THE NATIONA.L GOVERNMENT AND THE CI<TY, MUNICIPIALITY OR MUNICIPAL DISTRICT CONCERNED, OF ALL FINES AND SURCHARGES COLLECTED FOR VIOLATIONS OF iFOREST LAWS IAND REGULATIONS. Be it enacted by the Senate and House of Representatives of the PhiUppines in Congress assembled: Section 1. Any provision of law to the contrary notwithstanding, in all ·cases of violation of forest laws and regulations, one-half of the fine or sureharge imposed shall accrue to the general fund of. the National Government, and the other half, to the general fund .AUGUST, 1949 of the city, municipality or municipal district where the violation was committed and the fine or surcharge col· lected. Sec. 2. This Act shall take effect upon its approval. Approved', June 14, 1949 . Page 399 INTRODUCTION TO HERALDRY by Dr.Gilbert S. Perez Technical Adviser & Acting Secretary Philippines Heraildry Committee HERALDRY IS INDEED one of the panying the blazoning. !As an example, oldest of human arts and is as alive there was in the archives no pictures today as it was in the time of its great- of the coat of arms of Lipa - granted est extension. It is a pre-historical art by the King of Spain to that Batangas that exitends far back to the earliest town in 1895 - however, a description primitive ages of mr.n. Long before or blazoning of the coat of arms writman had learned to clothe himself with ten in heraldic language was· found it1 the hides of animals and the barks of the Royal Decree and from this it was t~·ees, man had learned to place tribal very easy for the Heraldry Committe~ and group markings on and in his skin to reproduce the seal of Lip1. in order to tell to the world the tribe The seal of a province or chartered 01· fami·ly group of which he was a c-itv would mean nothing if it did not member and the place rthat he called orfginate in the city or province or if "home". Modern primitive' tribes still it did not contain something that was mark themselves with heraldic designs especially related to them. It was for on their bodies or on their clothing, that reason that the Heraldry Commitjust as their ancient forebears in pre- tee would not work on a coat of arms historic times adorned theirs. One who unless the officials of the city or promakes frequent trips to the mountain vince submitted to ·the Committee a regions soon learn to distinguish one sketch or a list of the features which tribe from another not by their phy- they wished to have incorporated in sical characteristics but by the tatooing the coat of arms. Every coat of arms on the body or 1\he tribal colors and de- submitted to the •President for approvFigns that obtain on the clothing that al contained some features submitted they wear. The red loin cloths of the by the governors or mayors of the govBontoc lgorot proclaim3• provenanc2 ernment entity concerned. Some subjust as effectively as the gray and blue mitted too many items 1hat could not weaves of the Benguet group. for heraldic and artistic reasons be Take away the clothing and hide included but the Committee saw to it the markings on their body and it is that the principal or most characterimpossible to distinguish a Bontoc from istic elements were included in the fi~m Ifugao but meet them on the market nal designs. Special effort v<rns made place with their clothing and other to eliminate small details which would external distinguishing features and disappear when the seal would be ~e one can easily dis~over who they are duced to small dimensions. Details and from whence they have come. which could be recognjzed on a seal The science of Heraldry has a Ian· guage of its own and in most complex forms H requires considerable study and research. The language of modern heraldry, mainly derived from the French, is such, that from the blazoning or description of a coat of arms in heraldic terms it is possible for a heraldic student who is in a foreign coun· try to easily reproduce a coat of arms without the need of a sketch accomPage 400 with a diameter of four inches would not appear on a seal that was reduced to one inch or half an inch in diameter. Some provinces submitted a seal superimposed on .the national coat of arms. These could not be approved as• no provincial or chartered city should utilize the national coat of arms on its seal. It is believed that the more simple the design, the easier it is to adapt it to heraldic and artistic standards. One province submitted in its list: THE LOCAL GOVERNMENT REVIEW ~'.ice, corn, ·coconut., abaca, birds, fishes, cattle, lumber, an ancient tower, the national arms - an eagle and a few other details. It is obvious •that the coat of ;.;rms committee could not use all of them but there were always three or four items which could and were sel('cted to make a very distinctive and char~cteristic seal and it could not be denied that although it was arranged by the Committee, the main features origiliated in that particular city or produce. Some provinces submitted designs which were so excellent from the poir.t of view of art that they only required slight changes. to conform with the canons of heraldry. There were only a few provfoces .which have not submitted sketches or lists of what they would like to incorporate in their seals. In fact, only about twelve provinces and four chartered cities do not now have an approved coat of arms. It is expected ·that all will soon be submitted. Probably the firs.t coats of arms that specifically refer to the Philippines are the coats of arms of MageHan and El Cano which were awarded fo them by the King of Spain. The earliest granting of a coat of arms to a Philippine city was that granted to the Ever Lo· ya! · City of Manila in 1596 by King Philip of Spain. Many of the old Spanish settlers brought with them their family coatof arms and there were few of the governors of the 1 Fhilippines and archbirhops of Manila who did not have their family or ecclesiastic coat of arms. A ~tudy of the coats of arms of Philip· pine officials and dignitaries from Le· gaspi to the present day would be a fruitful field for research. The first coat of arms committee in the Philippines was appointed by President Quezon wHh Mr. Teodoro Kalaw as chairman and the author as technical adviser. On the death of Mr. Ka· law, a second committee was appointed with the author as chairman. Orr his resignation on July 4, 1946, Dr. Jose AUGUST, 1949 B•antug was appojnted chairman with the writer as technical consu•ltant. The committee greatly regretted the loss, during the war, of Major Baja, a committee memher who was one of the very few Filipino students of heraldry who had spent many years of research in that. very difficu.Jt field. The Secretary of the Committee, Lt. Galo Ocampo is at present abroad and has taken a special course in heraldry at the Heraldry Section of the U. S. War Dep·artment. With the return of the Chairman; Dr. Bantug and •the secretary and the ap- · pointment of new members to take the ,1ace of those who have pasEed away, the Heraldry Committee will be able to make a valuable con.tribution fo 'the history of the Republic and to its prestige abroad. The completion of the seab cf the province3 and chartered citie~ i~ only the beginning of a very compli· cated and important task. There is a great need for a Handbook of Philippines Hera1dry for the use of Philippine Government offices and especial.Jy for member% of the foreign service. This shall contain l>oth the el€1Illents of foreign heraldry and heraldry as related fo the IP·hi!ippines. · The international protocols on flags, coats of arms, decorations and di.~tinc tions are such that they are of greater '.lnd increasing importance now th:;.t the country is an ind,apendent Republic. ............................................... ~ ............. ...........:j ~ Compliments of t MODESTO C. VENTUR.A • t Contracto1· j t Steel Windlows, lndu"Strial ~ ~ Doors etc. ~ ~ Patronize Filipino Capital ~ • • ~ 340 Mayhaligue TeJ.. 4.-85·44 ~ ~ Sta. Cruz, Manila ~ • • ...................................................................................... _ ............... ~ Page 401 OUR LOCAL OFFICIALS Hon. GUILLERMO DE LOS REYES . Provincial Go.vernor of Zambales Born on June 25, 1900, in Sain Narciso, Zambales; completed primary education at Narciso; finished intermediate course at San Antonio; graduated from the Zambales High School in 1920; obtained the LL.B. degree from the Philippine Law School; passed the bar in 1925; practised law before becoming Justice of the Peace in five towns of Zambales and elected to his present position 011 November 11, 1947. r'9' .............................................................. . ~ Compliments of : t Ora. BENITA C. ALTO ~ I Come and see our Clinic at 129 Legarda : Prompt services and moderate ~ charges to all. : . . ~ -~···············...-..············ ~ r·~l::,::;~o~··.············1 ~ . HOT SPOT . : ~ Patronize Filipino Capital. . : t ............ :5::.R::~.~:e:~: ........ J Page 402 JORGE LABIA YO Provincial Treasurer of Sorsogon Personal Circumstances :~Born in Sorsogon, Sorsogon, on April 23 1903 and married to Gloria Rocha of' Gu bat· with whom he has five children. Educational Attainment:- Completed s~condary education and. took up special courses by correspondence in diL ferent institutions. A first grade . and provincial assessor eligible. Experience and Activities:- Formerly Secretary to then Representative Federico Jimenez, deputy assessor, deputy provincial and municipal treasurer, administrative deputy, assistant provincial treasurer, and before· his promotion as Provincial Treasurer, several times acting provincial treasurer by designation. Mr. Labayo is a member of the Knights of Columbus. Hobbies ::..._Pou.ltry raising and readimr. Motto:-Let the welfare of the people •be the su,preme law. (Continued on page 424) THE LOCAL GOVERNMENT REVIEW" EXECUTIVE DETERMINATIONS SUSPENSION OF SUBORDINATE OFFICER OR EMPLOYEE, OFFICE AUTHORIZED TO ORDER; FILLING OF POSITION OF SUSPENDED EMPLOYEE.-lt appears that Mr. Ambrosio Tumamak is proposed for appointment as acting bookkeeper and record clerk in. the Municipal Treasurer of Sano Isidro, Leyte, at P480 per annum, effective February 3, 1947, to take the place of Mr. J. Laurino, who is allegedly suspended from duty for gross irregularity. It may be stated that this Office has no record of Mr. Laurino's suspension as havin.g been authorized by that Department, the office authorized to order the preventive· suspension of a subordinate officer or employee in the provincial or municipal treasury, under Section 694 of the Revised Administra· t.ive Code, as amended by Commonwealth Act No. 177. It may also be stated that a suibordinate officer or employee in the civil service may not be removed from the sE'.rvice or otherwise disciplined except by the official authorized 1o do so under Section 695 of the Revised Administra· tive Code, as amended by Commonwealth Acts Nos~ 177 and 598, as 'a result of administrative proceedings instituited against him in accordance with tlie procedure prescribed in Executive Order No. 370 dated September 29, 1941. As Mr. Laurino has not yet been separated ·pursuant to Section 695 of the Revised Administrative Code afore·r;ientioned, it seems obvious that there is no vacancy to which Mr. Tumamak can be ·appointed. The practice heretofore followed in cases of this nature is for the chief of office to designate someone in the office to take the ·place of the suspended employee without ad'di· tional compensation.-2nd Ind., July 12, 1947, of Commissioner of Civil Service to the Sec. of Fina-nee. •POSITION OF BOOKKEEPER NOT CONSIDERED CHIEF OF DIVISION FOR 1 PURPOSES OF ACT 2598.-Respectfully returned to His Excellency, the President of the Philippines, conAUGUST, 1949 curring in the opinion of the preceding indorsement of the Commissioner of Civil Service that .the position of. bookkeeper in the office of the Provincial Treasurer may not be considered as that of -chief of division for purposes of Act No. 2589, as amended, and that the same should therefore be ipso facto abo. lished upon approval of the retirement of the incumbent. In view of the nect>ssity for the position, approval of, the request for the recreation thereof and for authodty to fill the same is hereby i·ecommehded, the salary to be fixed at Pl200 per annum, which is two-thirds of the actual salary, ipending consider· ation and approval of Resolution No. 264 of the ·Provincial Board of Nueva Ecija in line with the action taken re~ garding the former position of. the late. Modesto Trinidad of the Manila 1Fire Department.-llth Ind., Jan.- 30, 194'7;: of the Commissioner of the Budget.:· (The Office of the Presiderit authorize•.L . the recreation .of the position in .ques:lion., ipso facto abolished, at a. salary ·not exceeding two-thirds of the al?pru'." · i;riation auithor-ized. therefor~-EJ.1tor )_ OPERATION OF1 JJTNEYS PURCHASED UNDER C. A. 85.-Respectfully returned to the Honoraj)le,. 'th¢ Secretary of Agricultu.re and N"atura'l Resources, Manila, hereby approving, -in view of the representations and· recommendations herein, and i_n line wiUi a similar exemiption authorized by this. Office in 1938, the within request to . exempt from the provisions of Execu- , tive Order No. 172, series of 1938, the·· operation of ·the -jitneys of the Bureau · of Plant Industry ·purchased under Commonwealth Act No. 85 for the purposes of the Provincial Extension Service and their continued operation by the said Bureau under such rules and regt1la· tions as may be promulgated by the Dirnctor of Plant Industry by virtue of the provisions of Commonwealth A~t No. 85.-3rd Ind., Dec. 18, 1947, of Acting Executive Secretary by author· ity of the President. Page 403 RESIDENCE OF' MUNICI~A:L TREASURERS.-It has been noted recently that in some provinces the policy under which municipal treas;,irers are required to reside in the municipalities to which they are assigned is not strictly . adhered to. This policy has e\:erything to commend itself and any deviation therefrom must be supported with good and strong reasons. In view of the. nature of the duties of a municipal treasurer he must not leave his mu,nidpality without the .previous permission of the Provir.cial Treasurer, e-;;·en. on Sundays and official holidays. Provincial Treasurers are therefore hereby instructed to see to it that all municipal trearnren under their respective supen·ision reside in the municipalities where they are asliligned as near the municipal buHdin.g as practicable.-Provincial Cii'ctlar ( Unnrumbered), dated July 1, 1940, of Sect·eta.ry of Finance. .FILLING OF POSITION OF RESIPONDENT PENDING CONSIDERlATION OF HIS APPEAL BY THE CIVIL SER'VICE BOARD 0 0F APPEALS. -In view of the notice given by Mr. R<J1berto Cabato of his intention to appeal from the decision rendered by this Office a!,>Uimt him on May 8, 1946, the attention of that Office Is invHed to an excerpt from the minutes of the Cabinet meeting held on July 14. 1937, which reads: "605. To prevent pos>ible injus· tice rto employees dismissed from the service or reduced in polilition-s by administrative decisions of the Commissioner of Civil Senice who would find themselves without positions on their exor..~ration by the Civil Service Board of Appeals, Secr~tary V;argas submHted the foJlowing rernlution to the Cabinet: 'RESOLVED, That during the period when an ap•peal may be perfected or until final decision of the ap~ peal by the Civil Service Board of Appeals, the position formerly occupied by a respondent in an admiPag" 404 nistrative case shall not be filled, but if the needs.of the service should require the immediate appointment of a substitute, the said appointment may be made in a temporary status only. If the appeal is decided in favor of the respondent he shall be reinstated and the temporary appointment of the substitute shall cease. If the action of the Commissioner of Civil Service is upheld, the appointing officer may then proceed to the permanent filling of the position thus vacated by the separatio·n or demotion of the respondent. Approved by the Cabinet'." -3rd In., Oct. 2, 1946, of Commissionur of Civil Service to the Sec. of Finance. COMPLEXION OF MUNICIPAL COUNCIL; CHANGE OF PARTY AFFILIATION.-As it appears that Mr. Marcelo Cahalan was elected as councilor of the municipality of Jabonga, that province, on <the Liberal ticket, it is believed that his s;,iccessor should be chosen from among those proposed by the local representative of the Liberal Party in the same municipality in order not fo change the comple~ion of the council elected, thereby respecting the will of the electorate, the change of party affiliation of Mr. Cahalan after election to the contrary notwithstan<li.ng. Please be gu.ided and ta;ke action accordingly.-3rd Ind., Mhy 16, 1949, of Undersecretary of the Interior to Prov. Gov. of Agusan. r···························~··1 , C<>mpUments of : ! Monlillt Aato SapJl/1 i ~ Direct Importer, \:Vhole~ale i . ; i ~ & Reh.ii 220 Azcarraga, Manila ~ : . ~ t •••••••••••••••••••••••••••••• ~ THE LOCAL GOVERNMENT REVIEW LEAVE PRIVILEGES FOR TEMPORARY EMPLOYEES Republic of the Philippines Department of Education BUREAU OF 'PUBLIC SCHOOLS Manila CIRCULAR No. 14, s. 1949 May 17, 1949 To Division Superintendents: 1. Republic Act No. 218 entitled AN ACT TO AMEND SECTION TWO HUNDRED EIGHTY-•FOUR AND SECTION TWO HUNDRED EIGHTY_ FIVE A OF THE REVISED ADMINISTRATIVE CODE, AS AMENDED, is hereby quoted in full for the information and guidance .of the field: "SECTION 1. Section two hundred eighty·four of the Revised Administrative Code, as amended, is hereby further amended to read. as follows: Sec. 284. After at least six months' continuous, faithful, and ·satisfactory rnrvice, the President or proper head of department. or the chief of office in the case of municipal employees may, in his discretion, grant to emp,loy.ee, or laborer, whether permanent or temporary, of the Naitional Government, the provincial govt!rn· ment, the government of a chartered city, or a municipality, or a municipal district or a government-owned or controlled corporation other than those mentioned in sections two hundred sixty-eight, two hundred seventy-one and two hundred seventy-four hereof, fifteen days'· vacation !eave of absence with full pay, inclu5ive d Sundays and holidays, for each calendar year of service." "SECTION 2. Section two hundred eighty·five-A of the Revi'Sed Ad_ ministrative Code, as amended, is hereby further amended to read as follows: Sec. 285-A. In addition to the va· cation leave provided in the two pre·· ceding sections each employee, or laborer, whether permanent or tern· porary, of the National Government, thP Provincial government, the govAUGUST, 1949 ernment of a chartered city, of a municipality or municipal district in any regularly and specially organfaed province, other than those mentioned in section two hundred sixty-eight, two hundred seventy-one and two hundred seventy-four hereof, shall be entitled to fifteen days' of sick leave for each year of service with full pay, inclusive of Sundays and holidays: Provided, That such sick leave will be granted by the President, Head of Department or iindependent office concerned, or the chief of office in case of municipal employees, only on account of sickness on the .part of t.he employee or laborer concerned or of any member of his immediate family. "SECTION 3. This Act shall take effect as of July first, nineteen hundred and forty-seven. ''!APPROVED, June 5, 1948." 2. A pertinent portion of the 1st indorsement of the Honorable, the Comntissioner of Civil Service dated A·pril 2, 1949, is also hereby quoted: " x x x with the information that sul5stitute employees, who are understood to be employed only for the duration of the leave of absence without pay of the regular incumbents to khe particular positions involved, are considered by this Office .as also temporary employees for purroses of determining their leave p'rivileges. In view thereof, said substitute employees are entitled to the vacation and sick leave provided for in Secs. 284 and 285-A of the Revised AdministratiYe Code, as amended by Republic Act No. 218." 8. In view of the foregoing, tempora.ry, emergency, and subsbitute employees who have rendered at .least six months' continuous, faithful, and· satisfactory service are entitled to fifteen days' vacation' leave and fifteen days' sick leave with full pay, effective July ], 1947. I 4. Pertinent portions of a 2nd indorsement of the Honorable, the Audi· Page 405 · tor General dated August 20, 1948, of a 3rd indorsement of the Honorable, the Commssioner of Civil Service dated Oc~ tober 9, 1948, of a 5th indorsement of the Honorable, the Executive Secretary dated March 16, 1949, and of a 7th indorsement of the Honorable, the Secrebry of Education dated· April 2, 1949, all construing Se0tion 27 4 of the Revised Administrative Code as applicaible both to regular teachers and to temporary teachers on the teacher-leave basis, ~re likewise quoted hereunder for the information of the field: "Section 274 of the AdministraUve Code provides : Vacat'on and leave of teachers.During the yearly school vacations, PERSONS IN THE TEACHING SERVICE other than the class that may be designated for continuous du. ty under section two hundred and seventy-fhe hereof, shall be entitled to 'vacation leave. (capitals supplied) Since the above quoted section does not make any distinction between permanent and temporary teachers and following the liberality of Congress in extending the leave nrivileges under sections 284 and 285-1A of the same Code to temporary employees by the enactment of Republic Act No. 218, this Office believes that the leai·e privileges granted to persons in the '.eaching service under section 27 4, supra, may also be extended to temporary teachers, there be'.ng ro prohibition agaimt it in the .Jaw, either express or implied." "x x x concurring in the views expressed in the preceding indorsement. · "However, in line with the spirit of Republic Act No. 218, the exten· sion to temporary teachers of the privilege of Section 27 4 of the Revised Administrative Code, as amended, if appro-ved, should not be made earlier than July 1, 1947, the effective date of the said A0t." "In view of the representations made in the preceding indorsements and in line with the spirit underlying Page 406 the enactment of Republic Act No. 218, this Office holds that the leave privileges granted rto persons in the teaching service under Section 274 of the Revised Administrative Code, as amended, may also be extended to temporary teachers, whether they be on the na;tional-insular, national-municipal or provincial rolls x x x." "x x x inviting attention t~ the 5th indorsement hereon which approves the granting of leave privileges to temporary teachers, whether they be on the national-insular, national-municipal, or provincial rolls. However, it should be understood that for purposes of promotion in position and salary appropriate qualification in a civil ·service examination is required." 5. In view of the foregoing interpretations, temporary teachers on the trncher's leave basis, like.regular teachers, are entitled to full or proportional vacation salary, as the case may be, whe~ ther they be on the national-insular, nat1onal-municipal, pro\ incial, municipaI, or chartered city rolls, effective Ji;ly 1, 1948, provided that they have l'endered continuous, efficient, and satisfactory service. 6. ,::; or purposes of leave .privileges, E-mergency and substitute teachers, may be considered under temporary status. Such teachers, therefore, are entitled ro full or pr-0portional vacation salary as the case may be. 7. Temporary provincial, municipal, and chartered city teachers may be granted full or proportional vacation' rnlary as the c_ase may be, effective July 1, 1948, subject to the availability of funds. 8. It should be understood in tlri·s con. nection, howev~r, that for .purposes of promotion in position or salary the appropriate educational qualifications and c;vn service eligibility are required. This supplements paragraph 5. of Circular No. 3, s. 1949. 9. Any previous regulations. that are in conflict with this Circular are hereby superseded. 10. This Circular has been concurred _in by the Honorable, the Commissioner THE LOCAL GOVERNMENT REVIEW CONDITION PRECEDENT TO EFFECTIVITY OF NEW POSITIONS ANO SALAR·Y IN.CREASES For the information and guidance of ~11 concerned, there are quoted hereunder the 1st indorsement dated September 16, 1948, of. this Department and the 2nd indorsement dated September 27, 1948, of the Office of the President on the ahove subject-matter: "Respectfully ·forwarded to the Honorable, the Executive Secretary, Ma.lacafian, Manila. ·"The attached Resolution No. 31 x x :x; Mayo:r;s League in effect requests that the provision of. Section 648 of the Manual of Instructions to Treasurers, requiring the approval of the Secretary orFinartce as a condition precedent to the effectivity of items of municipal budgets representing new positions and increases of salaries of municipal officers and employees, be no longer observed in Yiew of Republic Act No. 238. "The legality of this provision of Section 648 of the Manual of Instructions to Treasurers has been upheld by the Secretary of Justice in his opinion No. 18, series of 1948, copy enclosed (1) It is a wholesome regulation and is necessary to make effective the supervisory authority of the Secretary of Finance over the financial affairs of the local governments in accordance with Commonwealth Act No. 78 and Executive Order No. 167, series of 1938. It is not necessarily in conflict with the provisions of Republic Act No. 238, prescribing a new procedure for the ·preparation of municipal budgets. This IA ct does not in any way modi.fy the supervisory power or authority of the Department of Finance over the financial affairs and officei:s of the local governments and of Civil Service and the Honorable, the !Auditor General, and approved by the Honorwble, the Secretary of Education. CECILIO PUTONG Direcitor of Public Schools AUGUST, 1949 with it the regulation in question can stand side by side with complete harmony. The very Resolution under consideration shows why this regulation is still needed. According to said Resolution; some municipalities x x x can not afford to set aside the amount necessary to .cover the amortization which is required of them under Section 4 of Republic Act No. 304, yet the local authorities concerned are very desirous of increasing the salaries of the officers and employees thereof. Were it not, therefore, for the regulation in question, there would be no way to require said municipalities to meet their statutory obligation first before increasing salaries. In view of the foregoing, it is recommended that the request· of the x x x Mayors League referred to above be der.1ied. In pass·ing, it may be stated that the policy of this Dep' artment is to allow the local authorities as much adonomy as possible in the administration of the finances of their governments so long as the stabutory and contractual obligations and the ordinary essential services of their governments are adequately provided for and so long as the new ventures which such gov• ernme.nts desire to embark upon would not cause insolvency or bring about any financial impasse or em- - barrassments." "Respectfully returned to the Honorable, the Sceretary of Finance, Manila. "The view expressed by that department in the preceding indorsement is sustained and in accordance with the recommendation made therein, the request of x x x Mayors League in the attached Resolution No. 31, current series, is hereby denied." Provincial Treasurers are hereby rePage 407 quested to ad1Vise the Municipal Councils and Municipal Treasurers of the contents hereof.-PROVINCIAL CIRCULAR (Unrvu1nbered), dated Oct. 27, 1948, of Undersecreta.ry of Finance. January 28~ 1948 Governor S. Escudero .Sorsogon, Sorsogon Dear Governor: This is a reply to your letter of the 19th instant, requesting my opinion on the legality of the established practice whereby items representing salary increa,es of m:rnicipal emp.Joyees con· tained in the proposed bupget passed by a municipal council and thereafter submitted to the provincial treasurer for his corresponding approval are made to take effect, not upon the approv'.11 ?f the municipal budget by the provrncial treasurer as provided in section- 2298 of the Revised Administrative Code, but only after it has been favo~ably ac;ted upon by t.he Secretary of Fmance 111 accordance with section 648 of the Manual of Instructions for Treasurers. (1) ~he Revised Administrative Code de_ scribes the procedure to be followed in the adoption of municipal budgets thus: (2 ) On or before the 15th day of .January of each year, the municipal treasurer is required to present to the council a certified and detailed sta1 e· ment of all municipal receipts and expenditures pertaining to the preceding year, Sec. 2295. Upon receipt of the statement, the council shall make a ;;areful estimate of the probable incom!' of the municipality for the current year and upon .this basis, shall proceed to m:;ike, by way of appropriation, the detailed allotments of the respective municipal requirements for the same. ThE, approprii;ition thus made by the council constitutes the budget and imme· tliately upon its passage, ~hall be subm~tted to the 'Provincial Treasurer for approval. (3) The Provincial Treasurer shall then pass upon the same by expres~ly either approving or disapprovmg it, not later than sixity days after Page 408 the receipt thereof, returning said budget with the accompanying documents to the council, through the Mayor Sec· 2296. The Provincial Treasurer' may ,. c,1sapprove one or more items of c>x· penditure in the proposed budget, and at the same time give his approval to the other parts thereof. When he disapproves any item or items, he shall submit to. the council a statement in writing, giving his reasons therefor. If the council is dissatisfied with the action of the provincial treasurer, a supplemental budget containing only the item. or items disapproved may be submitted to the provincial board with a statement of the reasons for making such expenditures. If the appeal is sustained as to one or more items ·the provincial treasurer shall forthwith app~ove the budget as those items; otherwise, the item or items in question $hall stand disapproved, Sec. 2297. Until the Mayor shall receive the approved budget from the Provincial Tre!!surer, the budget for the preceding year shall determine the salaries and positirJns of all permanent officers and employees of the municipality, Sec. 2298. - These provisions of law, it will be noted, merely state that a proposed bud_ get, passed by a municipal cou.ncil has to be submitted to the provincial treas· urer for approval; but they do not require the approval of the Secretary of Finance as a condition precedent to the effectivity of such budget. · These provisions should, however, be read in conjunction with other statutes on the sub_ ject. Under Commonwealth Act No. 78, the Secretary of Finance is vested with supervisory power and control ov8r the financial affairs of the provincial, city and municipal governments, and also over provincial, city and municipal treasurers. . In furtherance of this act, Executive Order No. 167, dated 'October 8, 1938, was promulgated, which prescribes in detail the procedure to be observed by political subdivisions in the adoption of their respective budgets. Section 3 thereof reads: . "In conformity with the foregomg, the budgets of the provincial THE LOCAL GOVERNMENT REVIEW governments shall be submitted to the Department of Finance, through the Department of the Interior, such budgets to coILtafo :the plantilla of personnel in such details as heretofore prescribed and clear and Rpecific statements both of the estimated income and the proposed expenditures for the corresponding fiscal year. In thus submitting the budget, the provincial board should . enclose a written opinion of the provincial treasurer as prescribed in sertion Two thousand one hundred seven of ihe Admnis'trative Code, together with a statement of the district engineer containing his comments on the proposed expenditures for his office as well as for public works, and also similar written-statements of the division superintendent of schools, the district health officer, the pro-.•incial auditor, the provincial fiscal, and the provincial agricultural sup· ervisor regarding the differeILt kinds of proposed expenditures for the activities respectively under them. The budget with all the accompanying statements shall. be sent to the Department of the Interior, which should make its comments on the proposed expenditures. The Secretary of the Interior shall theI1 send the budg·et with his comment and recommendation together with the corresponding opinion and statements of the chiefs of local offices to the Departmer.t of Finance. The Department of .Finance, in taking action on the budget, shall be guided by the comment and recommendation of the Secretary of the Interior. "The same procedure shall be otsened in· the case of supplemental budgets." Although the above procedure is designed specifically for provincial governments, yet section 7 of the said order expressly directs that the same procedure shall be followed in the supervision and control of the personnel and finances of the city and municipal governments. Further indicative of the supervisory authority exercised by the Secr~tary of Finance over local budget$. AUGUST, 1949 is Section 9 thereof which declares that "in revising the budgets of local governments and in· passing over the expenditures made by such entities .•. the Department of Finance shall be guided by the principle that proYided that the expenses contemplated are within their financial capacity, the local governments shall be given a large de· gree of freedom in de'termining for themselves the propriety and ·wisdom of the expenses that they make." In view of the foregoing; I am of the opinion that the procedure prescribed in Section 648 of the Manual of Instructions for Treasur.::rs requiring approval of the Secretary of Fi~ nance as a condition precedent to the (Continued on page 415) MODEL ORDINANCE FOR PRESERVATION OJ.<' NATURAL BEAUTY OF SCENERY IN CONNECTION WITH THE IM'POSITION OF' LICENSE FEES FOR DISPLlA YING SIGNS, SIGNBOARDS AND BILLBOARDS [Sec. 346, C~ P. C.] Sce::.ery along highways is spoiled bv the erection and maintenance of advertising signs and billboards, which demands the . adoP,tion of necessary · measures for the preservation of the natural beauty of the landscape. Accordingly, municipal councils are requested to adopt the following proposed ordinance, prescribing ·rules and regulations and fixing license fees for displaying signs, signboards, and billboards in any place exposed to public view, pursuant to section 3' of Act No. 2819, amending section 2243 of the Administrative Code. It is believed that · the adoption of this proposed ordinance will effectively regulate the erection i...nd maintenance of said advertising signs and billboards and that the natural beauty of the scenery along highways would thereby be preserved: ORDINANCE NO. - - AN ORDINANCE PRESCRIBING - Compliments of RULES AND REGULATIONS AND FIXING LICENSE .FEES FOR DIS· PLAYING SIGNS, SIGNBOARDS, AND BILLBOARDS IN. ANY PLACE EX'P'OSED TO PUBLIC VIEW!. - Be it ordained by the Municipal Coun_ cil of ------------------------------------ Province of ------------------------------------. that: ARTICLE 1. No advertising signs, signboards and billboards shall be displayed, maintained, or erected by any person or persons in any place exposed to the public view (except those displayed, maintained, or erected at the place or places where the profession or business advertised thereby is in whole or part conducted) without securing a license and paying "the fees for same as prescribed herein. ART. 2. Any person desiring to display, maintain, or erect advertising signs, signboards, and billboards shall (Continued on page 417) CLEMENTE & SONS IRON WORKS 1912 Juan Luna - 6 Laong Nasa We accept any kind of Iron Work at moderate prices, prompt and ·excellent service and guaranteed to satisfy our customers.· Come one, come all and see our establishment for your satisfaction. We repair Cono and other materials of Rice Mill. Patronize 100 7o Filipino Capital. PEDRO CLEMENTE Proprietor Address: 7 Ortega, Tondo, Manila Page 410 THE LOCAL GOVERNM~NT REVIEW FUNCTIONS OF PROVlNCIA,L AUDITOR (Excerpts from a Speech of Atty. Ladislao Palma, Provincial Auditor, before a Convention of Mayors in Cebu.) At ,the outset, I wish to be under· stood t.hat it i:s my desire as Provincial Auditor of Cebu to continue coope· rating with the officials elected' by the people of Cebu. I am grateful to Governor Cuenco and fo the JY.{ayors with whom I have already had dealings for their ·dignified way of deal1pg with me. As to the Provincial Auditor of Cebu in my humble self, he can say that he has already taken them into his heart wi0 thout deduction of the full worth of their dignity. I am not too far nor too close to them. I am not too far nor too familiar with them, having in mind the saying that: "Too much familiarity breeds contempt." In the performance of my duties, I propose to follow the will of these elective officials a•s• a general rule. Therefore, whatever disagree· ment that may occur, if any, should l:ie considered as having been based upon law, rules and regulations and upon the merits and facts established in each ·ca:se. The Auditor is an official who has dealing with the various officials entrusted wi.th the prosecution of different functions and activities of the government which as you very well know need the expenditure of money or uise of property in order to realize them. He does not deal only with District Health Officer La:borte in matters about Heal.th and Sanitatfon. We have here, District Engineer Estrella. I deal with him in matters of Public Works. As to schools, I deal with Dr. Guiang. I will not menNoo the rest of the officials. Su:ffice it to say ·that even the National Officials stationed in Cebu such as the Philippine Constabulary, the Provincial ·Auditor acts as the immediate representative of the Auditor General pursuant to the second paragraph of f;lection 597 of the AUGUST, 1949 Revised Administrative Code. I deal with them because the performance of their functions carry with it the expenditure of money and the use of property, subject to auditing under the Constitution. Hence, when an auditor requests for explanation on any matter involving •payment, collection or refund, it behooves the official concerned to give the necessary information or explanation in order to enable the auditor to pass them in audit. The party presenting an account or the official approving a claim has the duty to prove with the corresponding papers which should be presented to the auditor the validity, legality, necessity or propriety of the claim. It is not the duty of the auditor to hunt for evidernres justifiable of the approval in audit of the account or claim. It has been said that "while the officials of the government that ·spend the public money represent the people in the exercise of that function, those who are entrusted with the duty of checking such expenditures likewise represent the same people in the same manner." His Excellency, President Roxas himself, while Secretary of F'inance, said in a speech before a Government Au-_ di tors' Convention that: "Those who spend public money are, in a sense, the minds of t:he people, while those who check these expenditures repres· ent the conscience of of the people." Now, let. me proceed further, if it pleases you. An auditor audits not only expenditures. He audits as well ' revenues and receipts from whatever source according to the Constitution. He delves into the validity and legality of colleotion~, especia_lly refu;nds from such collections and zh so domg, he examines questions of laws and facts involved. As regards expenditures, the l'age 411 auditor inquires into the legality, necessity, propriety and reasonableness .of expendit'Ures. In so doing, he necessarily examines the lawfulness oi actuations or orders •the compliance or the carrying of which involves the ex· penditure of money or use of property .. The auditor further verifies alleged exi:stence of appropriations and fund's purs'.lant to the Constituitional mandate which provide"s t'hat "No money can be paid out of the Treasury except ·in pursuance of an appropriation made by law". A provincial board or municipal CQuncil may provide appropriation for a certain purpose but this does ncl~ mean that the Auditor cannot question t'he legality and valid· ity of the appropriati()n rn made if the Board acted without lawful authority or in excess of jurisdiction. At any ral~e. the Auditor can refuse t·o pass jn preaudit vouchers containing claims which require the prior approval of the Secretary of Interior artd/or Secretary of Finance until certified copy of the approval of the Department Head is presented to the Audiitor who has authority tinder Section 590 of the Re-Vised Administrative Code to require the furnishing to him of a copy thereol The Auditor exists in order to serve as a balance of power. He sees ~o it that· the sum total of Debit Totals agrees to the sum total of Credit Totals. President Roxas once said that for every peso expended there should lie received by the government corresponding services. I now invite you L> look at this ruler. The Government mu:it be kept in balance. Similarly, this ruler must be kept in ba· )ance for it to hold out. 'Where one rnd is much heavier than the other end, it is likely to fall. The same is true wibh the government. If government officials and employees would only get their pay withoult rendering corresp0111ding service, the day is not far distant when that government will 1-P ministering deficient services to the pP.ople. One of the questions contained in •Prov. !Form 20-A known as "Field Audit Clerk's Report of Inspection" Page 412 ·prescribed by the Auditor General and which auditors are required to observe is: "Do you know or have you ever observed any service rto the public maintained at government expense which is not satisfactory or necessa· ry ?" Of course as for me, an ·official may be at his home and still be thinking of beneficial matters for his peop~. . But, I do not think that subordinati:e employees should claim for themselves the privileges to which the Governor, ihe mayprs and others may have. I know positively for instance that Governor Cuenco has at heart the interest of the people at all Hmes, be it in his office or in his house. Therefore, those public servants, employees, agents and policemen who must render ~ervice should ·so render actually the number of hours of service required of them. I am reminded of the following anec· dote. A safe had to be opened by force. Laborers had to be hired. They worked hard ·lo open by breaking the :afe which they failed to open. The laborers asked a payment of $100 which was paid to them. The Company Manager has decided instead to hire an expert to open the safe without breaking it. Came the expert. He manipulated on 1the combinations but could not open the safe. · He walked to and fro in the spacious room, where I.he safe was, apparently doing nothing but in reality he was thinking of the technicalities leading to the opening of ·the safe. Meanwhile, the Company oyerseer saw the "expert" walking to and fro and looking at a distance thru the windQWS, doing nothing. The overseer reported what he saw to ihe Company Mamager who instructed the Overseer to see •the Company Auditor who in a later conference with the Company Manager, made the following remarks to the Company Manager: "If the Company could only employ more men like that "expert" who appeared to be doing nothing •bUJt whose mind THE LOCAL GOVERNMENT REVIEW and brain were busy thinking while ga.zing at a dis>tance and while walkmg to amd fro, the more profits the company will make". Later, the "expert" has made up his mind leading to the opening of the safe. He approached the combination to the safe and after some !turnings on the left allld right, left and right etc., succeeded in opening the safe without even sweating. He rendered his bill which was $1001.00 and it was paid. Wher<!upon, the laborers who sweated for pounding hard on the safe without succ.eeding however i'n opening it l'!lt .. ,,. protested to the payment of $100.00 anly to them. They asked for increase. 'fhe Company Auditor who passed in audit the bill of $1001.00 justified the auditorial approval as follows: $1000.00 for the knowledge of the expert, and $1.00 for the use of force. The use of force by the laborers cost $100.00 which was therefore costlier than the $1.00 charged by the expert. In telling this to you this mornin~ my object is to drive home my inten:ion as an auditor not to be narrow minded in the performance of my duties. I would say however that an Auditor, without being the Municipal Mayor, Provincial Governor or Provincial lll'Spector of the Constabulary and being authorized to observe whether services rendered are satisfactory or necessary, may inquire if he cares to cooperate by looking into alleged deficient services of a policeman in connection with the audit of the salary payment made to such policeman. WhiJe ago, I quoted to you an instruction of the Auditor General authorizing auditors to observe whether <.ervices ·rendered are satisfactory or necessary. Then, services by such poHcemen rendered must be lawful and Eervices required 1o be rendered must not have been omitted. As a mati:er of principle, government officials and employees should not be guilty of malfeasance when an act contrary to or prohibited by law is done. There is misfeasance when a thing required or AUGUST, 1949 authorized by law to be done is done in a wrongiul manner or procedure, thereby producing crime. There is nonfeasance when an act required by law or authorized to be done is omitted from being done, thereby producing no services which is a dereliction of duty punishable by law. Thus, the HUditors weigh the quality of services cione or undone, that is, whether faithful pursuant to the oath of office or unfaithfully done in which case the gervice i:s brought down to a fall necessitating the remedy of administrative action or criminal prosecutLm in order w· punish the guilty party and thereby prevent their recurrence. In this connection, please bear in mind that the function of an auditor is that of checking on what has been done. · He has no original ideas, selections, commitments, etc. As a checker, it is his business to give his conformity or not to any proposal involving payment. The ideas, selections and commitments, belong to the official who has the initiative of giving birth to such ideas, selections and commitments. An auditor is like a physician who attend~ the child delivery of a pregnant woman and who, not being the father, may not be blamed for the natural physical defect.-5 of the child born to the couple. Whartever natural defects the child has originated from the father and mother, it. did not originate from the attending physician. It is interestilng to remember that existing accounting instructions of the Auditoi· General require that oaths of offices be attached to the first salary vouchel' of the official or ·employee concerned. Where the oath has been i-iolated the <>iolation may b;i brought by the auditor to the attention of the superior concerned of the guilty pa1·ty. As to services, the Auditor, as watchdog of the Treasury may play the role of "mixer" to enable him to gather information regarding the running of the machinery of the governmen:t or to enable him to help the administrators entrusted of running governmental activity. As watchdog of the Treasury, the Auditor observes the services rendered or the officials renderPage 413 ii:1g such 10ervices and for which salary iiayments are made to them from the Eafe alone which is watched by the au· clitor. However, the auditor as judge •1f accounts and claims may play the role of an "independent" by becoming a1oof and recognizing no friends when he deems this is necessary to preserve the independence of Ms office as guaranteed by 1 the Constitution. Judges of records and of inferior courts are judges of crimes and civil .'uits. However, in re~pect to the running of the machinery of the Government which by the way involves the expenditures of money or use of pro· perty in order to carry it ou·~, the Auditor General is judge of Governmental ric;counts and claims against.the Govern 1!1ent. Conseqrent!y, provincial auditors are likewise judges of government a~counts and ctt¥ims against the gov erhment, Aggrieved government offii::-!:.tls ·have the right of appeal ·from.: the decision· of' the Auditor General to lf'h(!< President .of the Philippines. However; private·•parties aggrieved. by the. ·decision ·of the Audi1tqr Gene.ral have the right of appea,I to the S.up·reme Court of the Philippines. · · :··Finally,T reiterate··that I am for co·. operation; •for purpos·es of harmonious i•e1af;ion. This means to me "give ar:d take" wi1thin the bounds of law in .a di:gfri.fied manner of dealings devoic(of ~.:n air of false superiority in matters of ~·overninent accounts and claims against the government. · I am reminded of the following pr<>nouncements of the Supreme Cour~ of ihe ·Philippir.es: (1) "The Legi,lative Department 0f the Gornrnment would not have made the decisions of the Auditor final, unless an appeal is taken there· from, wi,thout intending to give to the Auditor an unconitrolable discretion in fully examining and scruti· nizing every account presented against the Government. The power to certify a balance, for a like reason, include authority to reriew and de· cide que>tions of law and fact involv· ed .• and to u~e all sources of in.formation for that purpose. A settlement Page 414 of an account and a certifica,te of a balance which cannot go to the cources of evidence and examine all questions of fact and law would b2 practically no examination." (2) "No effectual check can ever exist in any case where 'the same of· ficer authorizes the expenditure and then audits or controls the audit of the accounts." (3) "Auditors and comptrollers, as accounting officers, are generally regarded as quasi-judicial officers. They perform mere mini.sterial duties only in cases whffe the sum due is· conclusively fixed by law or pursuant to law. : Except in such cases, the action qf the accounting officers upon •¢lai~s coming before them for settlerrwnt.,and certification of. balance found: by them to 'be due, is not ministeriatrnerely but judicial and .discretionary." (4) "Discretion, when applied to public functionaries, means a power or right conferped;upon them by law, of acting· offic.i,/J.lly; under certain circum~tances, accordi]lg to the dictates of their~ own judgment and conscj:e.nc~, u~co;nt~,Q!l~d by the judgment or .coni:;ci.ence of others." . . (5). ~'Th~ Auditor is not a mere . machine to. register,or blindly exe, cute ;the ppinions .or acts of other . officer~.:in matters which pertain, by the.Jaws of the fiscal system of the Government, by well defined policy, and by. long practice, to, the jurisdiction of the accounting officer-a ju· risdiction which it is his duty to maintain, even in cases. in which its existence may be doubtful." Finally, it is reminded that under 1lhe Constitution and the Revised Admidstrative Code, an auditor has reportln:;iduties to perform in c'onnect:on with his power to audit expenditures which include for instance the authority -to pass on the legality, necessity, propriety ;,nd reasonableness of acts and omissions involving the e~·.penditure of mo;•ey or use of property. It is his duty as an adviser and reporter .to bring 1to the attention of the proper administrab·'.! officer any expenditure of money or use THE LOCAL GOVERNMENT REVIEW 1if property which in his opinion (one sided) is irregular, unnecessary, excessive or extravagant. As a quasi-judge of accounts and claims he allows or disallows expenditures which in his opinfon are allowable or not allowable (after due process of law) for being irregular, unnecessary, excessive or extrarngant according to his findings. (This presupposes the holding of investigation or trial or the mere study by ,the Audi.tor of papers :'ubmitted by claimants and the officials concerned) Ccnsidering, therefore, that former Insular Audifors haYe enjoined provincial auditor.s- to forget friendship v•·here their duties begin, the Auditors should not be blamed when they perform their reporting duties conform· ably wi1th law. To prevent Auditors :'.rom performing their reporting duties an official should give such answer as. may explain their right on claims instead of questioning or challenging the. warnings or su.spensio·ns of the Auditor on claims. Besides this, Auditors are authorized tq render decision~ about accou'nts and claims against the government. With· a ·view to preven1ting · the reversal of Au'dtfor's .suspensions on accounts, they liav~ been enjoined by the' Auditor Genii-al to forward to the Auditor Geneml, when the said prodncfal auditor be· !ieve~· thios is necessary, the paper received by the Auditor questioning or challenging .the suspensions. Therefore, a government official should not feel sore at ·~he provincial auditor when answers recehted by Provincial Anditor questioning or challenging the susp1:>n'sions are forwarded to the Auditor General. In order- to prevent an of· ficial concerned from being embarrass· ed resulting from the forwarding by the <Provincial Auditor of his answer to the Auditor's suspension to 1the Auditor General, it behooves the official concerned to see to it that his letters to the provincial auditor contains ju· uicious and discreet expressions accord· ing to lawful merit of claims as under~'.ood by the claimant or chief of office on controverted matters and· devoid of :<arcastic, questioning or challenging at· AUGUST, 1949 titude to the Provincial Auditor, considering that, after all, the Provincial Auditor is the judge of accounts and claims against the government. One thing· more and I will be through. Unrler Section 597 of the Revised iAdmi· uistratii;e Code, .the provincial Auditor has exclusive original jurisdiction over provincial and munic-ipal accounts. This means that with respect to vouchers reaching the Allditor's Office no official in the province may meddle in 1the pC'rformance of duties by the Auditor, hat is, no official may tell the Auditor \\'hat to suspend or question and what to allow and disallow and no official m the province may dictate how the Auditor should run his office. It is cmly the Auditor General or his authorized representatives may meddle in the vuditing functions of the Provincial Auditor. Any one who is however ag· grie\·ed by the action or decision of the adion or decision of the Provincial Auditor regarding accounts or claims has the right to appeal therefrom to the . ..~ uditor. General thru the provincial auditor. .--oOc-Condition Precedent : . _ (ContinuP;d from page 409) effectivity of items representing salary increases of officials and employees con· tained in the proposed budget of a mnnici.pal council is legal, the same bein~ in conformity with Commonwealth Ad No. 78 and Executive Order No. l f>7 above mentioned. · Respectfully, (Sgd.) ROMAN OZAETA · Secretal'y of Justfrl! Opinion No. 18 Series 1948 r· ............... --............................ ~ ~ * Radio - Amplifiers - Parts • • • Theatre Sound Service : ~ * Public Address Installation 4 • VICTA'S : ~ RADIO TECHNIC SHOP ~ • 529 P. PATERNO, QUIAPO 4 • G. F. VICTA 4 ~ Prop. & Technician : • 2022 Yacal, Sta. Cruz 4 • • ~ •••••••••••••••••••••••••••••• J Page 415 HISTORY OF ABRA By MANUEL C. ALZATE Principal Bucay Junior High School Before Magellan discovered these Isles (1521) this 1Basin had been filled np with limy-salty water by the sources of the Abra River system. No portion of the rim yielded to break so the reservoir remained a lake (ban-ao). As time rolled by the confined water cut slowly its way through the least n~sistant part of the Ilocos ranges on the western brim. A deep narrow gap was incised at last and the opening was christened Banaoang (drained off lake) . Abra means mouth of river, hence it is also the name applied to the basin east of the Water Gap, Banaoang, or Abra above the famous Quirino Bridge. After the lake was drained off, an undulating inside surface emerged. There grew luxuriant vegetation upon which wild life fed. F"or many years A bra had no people. The Spaniards busied themselves in -Christianizing the natives in the Ilocos in the seventeenth and in the eighteenth centuries. Those who refused baptism immigrated into the basin for refuge. The Tingianes came by the waves. Most of them were hunters, stock raisers laborers, and land-clearers for primitive agriculture. Up to 1800 all Abreiios were non-Christians. At the beginning of the nineteenth century Pidigan, Bangued, Tayum, La Paz, Dolores and Bucay were well peopled. These towns are on the .&bra River. La Paz on the Tineg and Dolores on the Malanas are located near the junction of .the streams to the main river. In 1843 an expedition led by Padre Blanco, a priest and botanist, was sent into Abra on bamboo rafts and on land. He had with him Spanish cazadores and Tagalog guardia civiles. His mission to st:bdue the Tinguianes with the Sword and with the Cross began in Pidigan. The expedition reached Bucay early in 1846. Bucay in the central part of the pro· Yince became :the capital. There were Page 416 two aims in Yiew :pivoting Christianity to the Tinguianes and getting supplies from Vigan on rafts. But the Cross could not do 100 % on the pagans. 'Baptism droYe away one-third of the people to the brink of the basin. However, the remaining two-thirds on the lower Abra Valley became the forefathers of the cultured Abreiios of today. .Pratt, Carrera, Redondo and Tajonera were the Spanish Military Governors who ruled Abra after the expedition. Tajonera escaped to IBangued in 1861 making the largest town the new capital of the province. To an average Filipino, Abra is unknown. To traders, Abra is important for her strong and beautiful horses, her corn and tobacco exports. To lovers of strong wooden houses, Abra is No. 1 in the Ilocos. A decade before the death of Rizal (1896) Don Agaton Alzate y Carifio of Bucay was given a gold medal (tuzon) for partly subduing the Kalingas in an expedition. His oldest son, Don Ismael Alzate y Astudillo, the father of ex-Congressman Manuel A. Alzate of Nueva Ecija, paid homage to Queen !>Sabel of Spain and was given the title of nobility-"Caballero de Honor." Every town populated with Christians in the province made Abra a better place to live in. She had the Parifiases in Pidigan, Carifios and Brillanteses in Tayum, Lalims and Parados in La Paz, Paredeses in Bangued. 'Pilar was peopled by old Christians from Southern Ilocos Sur and Bangued. The two-soldier Villamors· Don Blas and Don Juan-were greatly honored during the Filipino·American War. \Vhen peace· came Don Juan was elected the first Civil Governor of Abra, then first representative to the Philippine Assembly for Abra, first govern.or m the fusion of !locos Sur and Abra and the only Senator yet elected from A bra. Then followed Don Ignacio Villamor, an equally great man from Abra-a THE LOCAL GOVERNMENT REVIEW i>rofes·sor, judge and first Filipino President of the University of the Philippines. Then emerged the youngest of all-Don Quintin Paredes. At one time he was Secretary of Justice during Governor-General Wood's Ad· ministration, .Filipino Resident Commissioner to Washington, D.C., patriot at heart during the Japanese Occupa· ti on, Representative for Abra· during the Commonwealth Government and Congressman for A bra at present. In the field of sports, the province of Abra is not far behind. Twice during the American Regime her baseball team was the champion in the N.L.A.A. Once her .pole-vaulter, Justo Llanes, of Bangued made the Philippines greatly honored by representing her at the Far Eastern Olympic Games held at Tokyo, Japan. Thus Abra's fame rises $lill higher. (From The Interscholastic) --o0-0-NEPOTISM CONSTRUED.-Exec11tive Order No. 111. dated August :JO, 1937, prohibiting and restricting the practice of nepotism, provides, among others, that "when there are already two or more members of one family in an office or bureau, no other member of such family shall be eligible for ap· }'Ointment to any posi1tion therein" and that "previous appointments which are in contravention hereof shall be corrected by transfer." It is obvious from these provisions that the employment of a person in. an office where there is already employed a relative of his within the third degree, either by affinity or consanguinity, is prohibited. In ·view thereof, the proposed employment of Mr. Ricardo Pacana as market collector at P480 per annum in the office <if the Municipal Treasurer of Santa Cruz can not be approved, it appearing that his brother is now employed as janitor in the same office-From 21Ui Ind., Nov. 7, 1946, of Undersecretary oi Finance to Proiiir>.eial Ti·esurer of Laguna. AUGUST, 1949 PRONUN.CIAMENTOS FRANCISCO BENITEZ-Teachers have always been the agents for the preservation of. those ideas and ideals which our people have learned.ito cherish and, furthermore, ag.ents for those progressiV'e changes in our people and cur society that may result in social stability in a dynamic democratic so· ciety. Teachers should, therefore, be neither too conservative nor too radical; they should be progress'ive thus transniitting to the present generation what b good . in the past and introducing those changes in practices, ideas and iueals that will fit the indivjduals for modern life. * * * MARIA PAZ MENDOZA-GUANZON-Social workers are needed in our country today to teach .!he Gosipel. of Hygiene, to teach preve!lhon and resist~ ance to the 1various diseases that the human body is heir to, and to teach the duties of citizenship. --o0-0-Model Ordinance ... (Continued from page 410) make application for licen~e on the required form submitting nece~sary p~ans and descriptions of such signs, signboards and billboards to the municipal 'Lreasurer who shall grant or deny such license upon the recommen_dation of t11;e. district engineer. The fee for such license is p ____________ per square meter per annum. Si~ns, signboards, and billboards less than one square meter shall be considered as one square meter for computing license fees. A RT. 3. Any person or persons found guilty of violating any of the above regulations shall be subject to a fine of not 'less than ten ('PIO) pesos nor more than one hundred ('PlOO) pesos or imprisonment for not less than three days nor · more than ten days, or to both such fine and imprisonment at the discretion of the court. ART. 4. This Ordinance shall take effect on its approval by the provincial board. Page 417 RECORD OF THE FILIPINO PEOPLE IN WORLD WAR II (Address of President Manuel L. Quezon at the Banquet held in the John Eager Howard Room at the Hotel Belvedei·e at 7 P·M., January 16, 1943) Mr. Chairman, sovereign nations. no one else among Members of the Bar c'\ssociation of t!Jem took part in the war by the side Maryland: of the governments to which they owed I appreciate more than I can say dlegiance. Certainly. the people as a your inv.itation that I be your guest whole did not fight. of honor on this occasion, and I thank W'hy was there th;s vital difference Senator Radcliffe ·for the invitation in the Philippine!''! The answer is he has extended to me in your behalf. that, when we fought for your flag, Today, as you know, the Japanese we were fighting for our own freedom; occupy my country. But before they when we resisted the invasion of our succeeded, we ~ought ;them to exhaus- country, we did so because we knew tion, despite overwhelming odds. Even the Phiiippines was our country not now there are still many Americans only de facto but de jure. And we were and Filipinos who have refused to sur- loyal to you, to your flag and your coun1 ender. They are in tire hills, still resist- try, not because under international Jaw ing. We will continue to f.ight them we owed you this allegiance, but because until .the 1American forces arrive in you have won our undying frier.1dship sufficient numbers to throw the Ja- and affodion-hecause you d.id by us panese out of the tPhilippines. We have what no other colonizing power has done not accepted defeat in the Philippines. by the peopie who had fallen under their The word is victory, and it will come. sway. For you ha,·e been our beneThe Japanese occupaition of our home-. factors and .Jiberators, and the presland we see only as a passing-though ence of your flag in the !Philippines t;·agic-phase of our history. Our eyes was the symbol of our freedom. It was are on the future, and on the happiness there only to allow you to finish the and freedom which the future holds wovk you had started to do-to help for us. set up an independent Philippine RepuThe record of the Filipino people in blic. - this war has been written in blood, That is why not only the regular and it is a record of which you and I .Filipino soldier fought by your side, can be proud. lit is a record of un- but our own citizen army. That is flinching loyalty to the United States, why not only our citizen army, but the & record of heroic deeds. It is a re- whole civilian population, to a ma·n, cord without paraillel in the Orient, and answered the call of duty and did their -I may add-in the history of colo- part in resisting the 'enemy. nialism. The immense majority of General In the case of China, which fought MacArthur's infantry-that superb mL and is fighting Japan with a courage litary commander-was composed of and determi:iiation that is the admira- Filipinos, and 20,000 of our young men tion of the world; she is defending her laid down their J:,·es in the !Battle of own sovereignty and her own flag. Ill the Philippines -· many, many more the Philippines, it was your flag and than the lives lost by their heroic tbroyour sovereignty that were assailed. It thers, the ,Americans'. is true that it was our cotl'Iltry that · According to official United· States was invaded. But so wa,s Indo-China; ·Government statistles, America has and Burma, and··Mahwa,·:and the·:'·Nec ·.lost s,ome' 8,000•"soldi€rs, sailors· and therlands East fodies/'whfae"·tne flags·· merchant 'seamen on all fronts everyof for(lign countries wererf!ying. "Haye "where. in the world· since the· war btethe natives of these· eoU:ritries . .fought ga:n. 'In this figure are included thOse thednvader? Except:f.or those whO were.': F'ilipinos "who were serving in· the R~ enlisted in the regular armies of these gular Army of the United States, and Page 418 THE LOCAL GOVERNMENT REVIEW the total is less than half the number the American people were not embarkof 1those killed who were serving in the ed on a ruthless imperialistic policy. Philippine Army. In the words of President Mckinley: And now let me tell you why the "The Philippines are ours, not to ex-. Filipino people fought by your side to ploit but to develop, to civilize, to eduthe bitter end. cate, to train in the science of selfBy the time Admiral Dewey came government. This is the path of duty to Manila, the Spaniards were able Ito which we must follow or be recreant offer only a foken resistance. '.Amer- to a mighty trust committed to us" ica's war agaiffst Spain was fought, in Each American President who folthe Philippines, with the aid of the Fi- lowed Mckinley reiterated this thought. lipinos ·themselves. · in his own words. During the; adml" After the· last crumbling ·rem;ant nistration of Woodrow Wilson, the of Spain's Empire was forced out of Congress of the United States enacted: the Philippines, the Filipino people felt the Jones Law, which promised iil<lethat the tim;e had come for self-gov- pendence when a stuble goverh~:iit.,{ ernmen:t. Their hopes were not reailized. could be esta·blished in the Philippil'l~~,-' ' P nd there came instead several years · This pledge America kept. You;r own .. of bloodshed between Americans and . Senator Tyding!l, under the adminis-·' Filipinos. tration and wHh the recommendation''"' After the early years of bitterness of Presid,ent Roosernlt, introduced the· arn:l disfrust,, the .Filipino people began · Bill !in 19,34 that fulfilled that promise.0 to know and understand ·the real pur; In the CQUrse of, the debate on his Bi!L pose of America. They realizeP, that · .(Continued on page 423) .AUGUST, ,1949 .. , Page_J~9 SOURCES OF PROVINCIAL, CITY AND MUNiCIPAL REVENUES IAND THE APIPORTIONMENT THEREOF . REVENUE, FROM TAXATION j ~ ~ ------.I I I I PROVINCIAL I NATIONAL I - General - , -- Road and I CITY SOURCES I Fund I Bridge Fund I M11bufactured oils I 80%-for maintenance, reconstruc- j I 20 % in propor-1 Gets portion of share perta_inall~\numt J tion, improvement, and, where I I tion to popula- ing to province in proport10n - I practicable, for construction of Na-I I ti on I to population I tional and provincial roads and I t I bridges-distributed by Secretary I _ I of Public Works and Communica-1 I . I tions as follows: ~tor v<'hicll!l! I 20%-to provinces equally I I I I 20%-land area I MUNICIPALITY allotment I 20%-lt'ngth of roads I I I I 20%-discretionary l ______ ~I _______ _._ ___________ -,-_______ _ InternW Revenue allotment 90% I '1 5% 5% I Gets portion of share of pro- I I vince in proportion to popu- l I lation I I ~ Real Property Taxi 3/8% 2/8% 1/8%(x) 1/8% (y) l 100% of total collcetion in 14/8-General fund(x) l city 4/8-General fund (y) = l'-1 ' • I I I I Gets portion of municipal sha;e I -·I:"' Residence Tax I 50% I 25% I - _ and Nation!'! share _also m g I I I j proportion to population l ~ Taxes on Agricul- I I I I Gets allotment as a proyince I c;"l turv.J Products I 4/7 I 3/7 I in proportion to populat10n I ~ Fra~hise Tax I Depending on kind of fi'e.nchise and grant l>J-.----Sl Special License :;;;: Tax Local taxation gi Loellllt Special Taxi Local taxation ~ Ill t:oJ /2% < Taxes on income I 97 l ~ l I !Tabulated by Jose L. La,serna, (x) It the rate is 1 % lnsvestigator, Provincial Division Dept. of the Int. (y) If the rate is 7/8% G~ts portion of allotment to I province and also from the I National share_ in proportion I to population I 25% ~ g ~~~~~~~~~~~~~ ~ ~ ... SOU Re ES NATIONAL REVENUE FROM TAXATION PROVINCIAL General I Road and Fund I Bridge fund CITY MUNICIPALITY :,e 'Taices on lnh!!rit., ance, gufand 95% esta:teS' 2 1/2% Gets portion of allotment for both province and municipal• 2 1/2% ity ' Weight and J14ea• sures 509'0 100% of collection in ·the city 50% Other Revenues- I Shell fishing I Sponge fishing I 20~~ 40'/r 100 '7e of collection in the city ·IU'/v INCIDENTAL REVENUE PROVINCIAL CITY Penalties . 'I Penalties I Interests on deposits and investments I Interests on deposits and investments 1· Matriculation fees I Matriculation fees Tuition fees I Tuition fees \ Mining claim fees and -rentals ( 60 o/o to I Mining claims fees and rentals . provinces, 60% to municipalities) I I Secretary's fees I Building permit fees Rents I Secretary's fees I Other incidental revenues Cattle registration fees I I Electrician's fees I I B<>iler inspection fees I I Gas· inspection fees I I Meat and milk inspection fees I I Marriage license fees I I Fisheries I MUNICIPAL Penalties Interests on deposits and investments Matriculation fees Tuition fees Mining claim fees and l'entals Building permit fees Secreta_ry's fees Cattle registration fees , Meat and milk inspection fees Marriage license fees Fisheries Rents, pl'ofits and pl'ivileges Impounding and sales of sti·ay animals Other incidental revenues I Rents I "d . I Impounding and sales of stray animals I ~ I Court collections I "' I Sheriff's· fees I :0. I Other incidental revenues . I ... "' ., ·'& .... "' "' PROVINCIAL Receipts from public utilities Receipts from markets and slaughterhouses Receipts from toll roads, bridges, and ferries Receipts· from transportation Receipts: from· other operations PROVINCIAL Aid from National Government I ..;i Aid .from municipal government I :i:: Loans from National Government \ t:<J Proeeeds·,from sales of bonds t"' Repayment of loans / 0 Return of advances to economic enter~ . prises I t"' Transfer between funds I Q Transf~r of funds from old i:ntilty or sub· I o province f < Transfer loan· account ~ Sales of fixed assets (ca. pita! value) / z Income from sale of real property ls: Prior year adjustment I t:<J llJ.ientory. iidjustment · J ~ Other receipts ~ I t;<J ::1 t;<J ::;: RECEIPTS FROM OPERATIONS CITY Receipts from public utilities Receipts from markets and slaughterhouses Receipts from toll roads, bridges and ferries 'I Receipts from transportation Receipts from cemeteries I Receipts from· other operations - I OTHER RECEIPTS CITY Aid from National Government Aid from provincial Government Loans from National Government Proceeds from sales of bonds Repayment of loans Return of advances to economic enterprises Transfer between funds Transfer of funds from old entity or subprovince Transfer )oan account Sales of fixed assets (Capital value) Income from sale of real property Prfor year adjustment Inventory adjustment Other receipts MUNICIPAL Receipts from public utilities Receipts from markets and slaughterhouses Receipts from tbl! roads, bridges and ferries Receipts from transportation Receipts from cemeteries Receipts from other operations MUNICIPAL Aid from Nat!or.al Government Aid from provincial government Loans from National ·Government L0ans from provincial and municipal governments Proceeds from sales of bonds Repayment of loans Return of advances to economic enterprises Transfer between funds T:·ansfcr of funds from old entity or subprovince Tr:msfer loan account Sales of fixed assets (capital value) Income from sale of real property Prior year adjustment Inventory adjustment Other receipts Record ... (Continued on page 419) in 1the Senate, rc:ferring to the war b-etween Americans and Filipinos Sen:.itor Tydings said: "That war ~;ever was intended. We (,Americans') never mtended to stay there. V\le promised the Filipinos that, if they would co· operate with us, we would stand by them and give them their country ... In Heaven's name, "is it too much to a~k under these circumstances that we give them erery chance to work out a just destiny under their own flag, and thr.t they shall have all the assistance we cail give them?" In 1934, the Tydings-McDuffie Act \\'as passed. The 1Filipino people will ~~ eternally grateful· to Senator Ty· ~ungs for sponsoring this legislation. l repeat: The battle we fought on Bataan and Corregidor less than a year ago was fought because of the spirit that lay behind the Act which bears the name of the gentleman from Maryland. It might have been easy for us to cl.elude ourseh·es into accepting. the siren song of Japanese propaganda, which told us that Japan was waging war only against the Uunited States, and not against the Filipino people. They pounded the Philippines with this propaganda. But they failed completely, because we know what Japan had done in Manchuria and in China. And we contrasted their deeds wi•th what America had done in the Philippines. Under your flag, we had tasted freedom, and no people who have known. the blessings of liberty will want to live without it. Under il:he terms of the Tydings· McDuffie tAct, the Filipino people had established the Government of the Commonwealth under a Constitution of o~i"~.C?Wn II)a)dng, in prepara.tion for co'triplete independence. .. That is why the Filipino people fought. They fought for freedem .. 'il'hEly· fought because they know that America had made a promise, and that sh~ would keep that promi.se. They fought because rthey respected themselves and knew that they-like any other nation ~had a right to determine their own AUGUST. 1949 •, destiny as part of the interlocking society that is the human race. All this, I am s'ure, was somewhere in the mind of Jesus Villamor, the ~ oung Filipino flier who lead a squadron of six obsolete planes to battle fifty-four Japanese bombers somewhere south of Manila. It was the impulse which caused the :Filipino soldier to hold his own helme·t over the bare head .of General MacArthur while the shell fragments tore into his hands on Corregidor . It was etched deep in the soul of the Filipino school teacher who pre· ferred to- die rather than obey the Japanese order to lower the American flag and fly the Philippine colors alongside the "Rising Sun" over his little Yillage schoolhouse. The school teacher was paying tri· bute to the solidarity between the Un.ited States and the Philippines-a solidarity that will live even when, one day soon, the •Philippine flag flies alone over our schoolhouses. That will be on our day of independence, when the Philippine Republic takes its place among the family of sovereign states. When our flag flies alone over the PhiJi,ppines, your Star-Spangled !Ban· ner-which has outlived the bursting bombs of F'ort McHenry and of Corregidor-will always wave in our hearts, and your friendship will al· ways be cherished by every one of us abo\'e the friendship of any other nation. Here in Maryland, before you the citizens of the Free State I wa~t to pny itribute now to Senator Tydings, co-author of the Philippine Independence Act, and to all his colleagues in the United States Senate and House of Repre~entatives.· As for your President, under whose leadership ·the Ty· drngs McDuffie A ct was ·passed and who was co-author. o~ the Atiantic . rage 423 Our Local ... (Continued from page 402) RAMON Z. EST ANISL:AO Mayor of Dinalupihan, Bataan RAMON Z. ESTANISLAO Mayor of Dinalupihan, Bataan Personal Circumstances. - Born OIIl Ju;ne 22, 1902, in Ddnalupihan, iBataan and married to Margarita Malibiran with whom he has six children. Educational Attainment. - ComP'leted the primary, intermediaite, and third year, high school co·1rnes. E.rperience and Activities. - Sani!tary inspector in Dinalupihan; c1erl• in Tukop Sugar Central; claissroom teacher; chief of police and municipaJI secretary for six years in Dir:ialupihan. InJtiated ithe erection of concrete monument to Liberty, Andres B01nifacio, Bataan Heroes and Unknown Heroes in 1946-47. Hobbil•J. - Reading and poultry ra;ising. Motto. - ·Patience and Diligence are stepping >itones to Success. (Continued on page 427) ----~-------------··---------·------------(Continued from precedfr1g page) Charter, his name will be written in history as one of the '\VOrld's greatest spokesmen of freedom and human dignity. The tides of war and destruction have swept over the Philippines since the pas.sage of the Tydings-McDuffie Act. Today a new situation exists there. The years of peace and progress foreseen in the 'Philippine Independence Act have been scarred by' Japanese aggression. The Pacific war ha5 taught us a lcsson--'both the United States and the Philippines. President Roosevelt doubtless meant this when he said, while the battle was raging in Bataan: "I give to the people of the Philippines my solemn pledge that ·their freedom will be redeemed and their independence established and protected. The entire resources in men and material of the United States stand behind that 1'1e4ge!' · I' hope that we shall have the full F-Upport of both Senator Tydings and Senator Radcliffe in carrying out 'President Roosevelt's pledge on behalf of the Ame.rican people. Page 424 What America did in the Philippines in time of peace has repaid her well in her hour of peril and in terms of the esteem and respect of all mankind. I speak for the people of the Philippines when I express our lasting recognition of America's honorab~e and high-minded policy. Today, in the midst of war, the whole world looks to you to add even greater lustre to your name and reputation as the chamµion of human freedom. --0----,~·..,......,..··· ................................................. ~ i l ~ BONIFACIO SAW MILL ~ • = ! . CO., INC. l ! ...... :~-~::.~:::~~ J THE LOCAL GOVERNMENT REVIEW PEANUT INDUSTRY IN THE PHILIPPINES* HISTORY The peanut (Amchis hypogaea) commonly known as "mani" in the ·'Phiiippines is grown praC'tically in all parts of the country. It is quite possible that the Spanish missionaries and conquistadores introduced this crop into the Philippines during the latter period of their colonization. While peanut has been in cultivation in the Islands as early as 1899, it was only -in 1905 that initial impetus was given <towards raising peanuts on a commercial scale to meet the needs of home consumption. In the ensuing years, when dietetics vouched for its remarkable nutritive merits as human food and as animal fodder,' the Government drive towards the raising of peanut took on a more spirited swing. Originally, the only type of peanut cultivated was the white-seeded Span· ish variety which was used by the natives mainly for food. IA.bout twenty five years ago, however, the Government began introducing foreign va· rieties as a necessary. prerequisite to its extensive program of agricultural research drives and experimental projects. From this period is reckoned the first rejuvenating influences destined to ·place the peanut industry of the l'hilippines on a plane of commercial consequence. STATISTICAL DATA Although the peanut is generally cultivaited in all parts of the Philippines, statistical records reveal that until recently, thP. country's import 1 figures for this crop had reached alarming propor· tions. From 1921 <to 1932 alone, our importA of peanut products averaged 2.5 million pesos nnnually. In 1933. ber~ 11sP. of the increased acreage and production. a sharp decline was noticed on the value of imported nuts :mil oil. even sinking- to as low as 1'155,000. Since 1933 the total area cultivated has been on the increase. In 1935 there were 6,108 hectares under cultivation, yielding 3,341,410 kilogramR of unshelled peanuts, valued at 1'316,000. The total average area planited to peanuts for the years 1936 and 1937 was 6,266 hectares with a production of 3,674,360 kilograms of unshelled nuts, valued at 1'362,560. The average yield per hectare was 586 kilograms ~f unshelled nuts. The above figures clearly indicate that there is a considerable margin of increase in our annual peanut production. It is estimated that at present some 20,000 peo· p_le are engaged in the field production, manufacture, and traffic of peanuts. '!he Provinces of Lanao, Leyte, Pangasman, -Cagayan, La Union, Isabela, Nueva Ecija, Ilocos Nol'lte, Ba· tangas, and Cebu are the ranking peanut-producing regions in the Philip· pines. COST OF PRODUCTION The cost of production of peanuts varies from P66 to PlOl.01 per hectares according to regions and prevailing conditions in the locality. The above figures exclude interest on capital, sto· rage expenses, and depreciation of farm implements, but include cost of seeds and shelling expenses. Twenty seven man-days and 18.5 animal-days are required in actual farm operations, con· sisting of plowing, harrowing, cultivating, planting, harvesting, and hauling. VARIETIES At present, there are abOut 20 native and 15 foreign varieties of peanuts cultivated in the Philippines, grouped ac· cording to their respective habit of growth. Peanuts are further differentiaited as to size of seeds. The bunchy type usually grows erect and forms clusters near the tap root, while the runner, or creeping, type has large spreading vines and bears pods along the lateral stems that fouch the soil. The typical" bunchy varieties are the Montalban, Spanish, Tirik, Vigan Lupog, 'Tennessee Red, Kinorales, Native Lemery, San Jose No. 1, African Bunch, Cagayan No. 3, Biit, Big Japan, San Mateo, and Bukalasa; ~nd the creeping *Publication of the Department of Agricultiwe and Comme.,·ce (now Natural Resou.-ces), 1939 . ..r\"GGUST, 1949· Page 425 types include Virginia Jumbo, Tai Tan, North Carolina Runner, and Virginia Runner. The creeping types were in1roduced from China and the United States. SOIL AND CLIM'ATIC REQUIREMENTS Peanut grows well in well-drained, s~ndy loam, clay ~oam, and alluvial soils. Sandy loam with plenty of decayed vegetable matter is most favorable towards enhaneing 1 \he luxuriance of the vine, and the presence of lime or wood ash in ample quantity is necessary to produce plumpy kernels. The most favorable weather for peanut is warm with moderate rainfall distributed evenly throughout the growi1Jg mason. The amount of rainfall required by the dry sEtason .crop is 60 mm. FERTILIZERS Peanuts require fertilizers when pl.anted in depleted soils. Green manpre ·and ash are .the cheapest fertilizers arailabe for pea~uts.. Lime is essential although precautions should be taken to use it _in slaked condition. The ash, burn . lime, farm yard manure·; potash,· and phosphatic· fertilizers are more effective when plowed under early in ]\fay. They can, however, be ~pread in the furrow at the time the seed is planted, or applied as a fop dressing immediately after planting. CoI11olete fertilizer using the formula 2-8-4 applied at the rate of 300-500 kilos to the hectare has been found effective in iilcreasiEg ·'.he productiveness of poor mils. CULTURE The S'lrface soil is pulverized down to 5 to 8 inches in which to plant and germinate the seeds. Peanuts sprout n:.adily, when husked, in the presence of •ufficient moisture. The pulverizing is done l::y plowing and harrowing which starts early in May or Ootober dependi r!!' Poon the season. The rainy season plantin!!' begins in the early part of Mav and <ends in the middl'e of June, v;hile the dry-sea0 on nlanting commences in the early part of November and winds off at the close of December. The fiel~ is plowed pn<l h~r rnwPd at leas:t. three times. After the first operations all stubbles, dry grass, Page 426 etc., are either removed or burnt in heaps. The distance of 'planting in vogue varies according to the variety planted as well as the feritility of the soil. Generally a distance of 65 cm. between the rows and 35 cm. 'between hills in the rows is desirable for the bunchy type;· while 85 cm. between the rows and 50 cm. between hills in the rows is preferable for the runner type. Like many other crops, peanuts require cultivation after planting in order to insure proper growth. The usual implements employed for cultivation :n-e the plow, the harrow, and 'the hoe. Where the peanuts ·are planted in furrows, the wooden plow is used. Hoe cultivation is seldom used as it is expensive. A practical method of weed <>limination, as practiced widely among the pl11r1~ers, is to turn the plow first toward the middle of the furrow; then in the la:st stages of cultivation, the work is d'one in reverse order to coyer the base of the young planrts in the form of a ridge. HARVESTING There are several methods of harvesting peanuts. The pods are dug by epading fork, hoe, or' plow, where pea• nuts are grown in heavy clay soils. Hand pulling is also practised where the soil is sandy. The usual maturation period for most varieties of the bunchy type is from 105 to 125 days, while it takes 165 to 185 days for the runner type to reach maturity. Seed selection is of paramount importance in peanut culitur~. The ~<!eds f!>:e carefully ·selected before planting. l!1 selecting, Iieces~ary precaution is taken so that the skin of the kernel is not impaired, while the immature, shriYelled, or musty seeds are discarded. YIELD The bunchy type yields an average of about 1,700 kilol!'rams of unshelled nuts per hectare. The crPeoimr tvn.'! is slightly inferior in yielding capacit!es. Of the former type, the Americ1in leads in production. followed by San Mateo, Montalban, E.i!!' Janan, Kinorales, Native Lemery. :>nd 8nanish. Among 1the creepinu. varieties. the VirPinia .T11mh'>. 'T'~j T~n. Vir""ini~ Runnr>r. anrl North Carolina Runner are high yielders. Of thf' hvhrirl•. Riit X THE LOCAL GOVERNMENT REVIEW •Our Local ... (Continued front page 424) MANUEL H.P. DE LA SERNA Municipal Treasurer of iv!ainit, Surigao Peanut ... (Continued from pl'eceding pa.ge) Virginia Jumbo Strains 1 and 2' are particularly good. · '· · PESTS AND DISEASES Leaf spot, plant lice, and June beetle are the common enemies of peanuts, but these are easily controlled by ·the applic111tion of calcium arsenate, bordeaux mixture, and soap with derris powder solution, respectively. Hand picking is employed for the white grub, while for the slug, an application of powdered lime fairly scattered on the ground iR most effective. ECONOMIC VALUE Unlike most agricultural crops the products manufactured out of peanuts in this country are partly produced locally, while a good majority are importell from Japan. China, and 1he United States. The oil is supplied by France and the United States. Among .the manufactured products processed from peanuts are peanut butter, oil, flour meal, candies, and cho~olate. Peanut for human food has been found to be remarkably rich in protein, fat, and carbohydrates. For animal feed, peannt is as valuable as alfalfa, clover, cowi:;ea, Pnd soy bean. The main problem facing the peanut AUGUST, 1949 MANUEL H. P. DE LA SERNA Municipal Treasurer, Mainit, Surigao and President, Surigao Munfrpal Treasurers' League Personal Circum;;tances. - Born in Opon, Cebu, on July 3, 1906, amd married to Leor.ore Ancheta Low of '.Butuan, Agusan: ·with whom he has two children. Educational Attainment.- High school graduate. E.tperiemce. - Public school teacher, 1924-1929; principal clerk in different municipalities of Cebu, 1929'31 deputy assessor of Cebu, 1931'35; · and deputy provim:ial and municipal treasurer, 1935_:__, Activities. - Member, Open Jolly Circle; President, Surigao Municipal Treaisurers' League, 1946-'47; Chairma1111, Surigao Municipal Treasurers' Chapter of the 'PGEIA: Hobbie.~.·.:.___ Readinig and movies .. Motto. - Live siii:P-ply and! be contented. bdustr.r is' inadequate supply and high cost of production. These factors may be remedied by : . (1) Extending the area planted to peanut in the regions where soil and dimate conditions lend to its successful cultivation .. and in marginal lands formerly devoted to sugar cane: (2) Ameliorating worn-out soils with green manures and commercial fertiiizers; and (3) Mechanizing the cultivation of peanuts and the preparation of products for the market. · -oOo--BEST QUOTATIONS We a.lways love those who admire ns irnd we do not always love those 11·hom we admfre. -La Rochefoucauld God brinqs men into deep waters, not to droum them, but to cleanse them. -Aug hey IVhen business is goo.d it pays to adrertise; when business is bad, you'11e got to advertise.-Anoniymous Never advise anuone to go to 1car fll' to marry.-Spanish Proverb Page 427 Supreme Court DecisionEST ABLISHM ENT AND OPERATION OF PUBLIC MARKETS CO CHIONG ET AL., petitioner and appellees, vs. MIGUEL CUADERNO, SR., ETC., ET AL., respondents. MIGUEL CUADERNO, SR., appellant, RAMONA CLEMENTE ET AL., intervenors and appellees. (No. L--1440. March 31, 1949)- tion are. Under the Constitu.tion, tiJE l. STATUTES; DEPARTMENT OF FI· operation of all public services arc rcNANCE ORDER NO. 32 PURPOSE.,- served to Filipino citizens and to corpnWe hold that the provision of section 2 rations or associations sixty per cent.11n of Department of Finance Order No. ,32 of the capital of which belongs to Fiilpino declaring that all stalls or booths in any citizens. public market .shall be vacated by their 5 ID.; S,ALES OF FOODSTUFFS IN PUoccupants and their leases terminated on BLIC MARKETS; NECESSITY O:F January 1, 1947, has been issued to make OFFICIAL SUPERVISION; OCCUPAN. effective the provisions of Republic Act CY OF PUBLIC MARKET STALLS No. 37. PREFERENCE TO FILIPINO CITI2. ID.; PUBLIC MARKET STALLS RE- ZENS.-Foodstuffs sold in public mu. PUBLIC ACT NO. 37; PURPOSE.-The kets demand, at least, as much official main purpose of said act is to grant to control and supervision as the commodi· Filipino citizens preference in the lease ties sold and distributed in other public of public market stalls. utilities. They affect the life and health 3. ID.; ID.; POWER OF SECRETARY OF of the people, the safeguarding of which FINANCE; ISSUANCE OF DEPART· is one of the basic obligations of a conMENT ORDER NO. 32.-CongreSI de- stituted governments. Official control and creed that the act shall take effect on supervision can be exercised more effecJ anuary 1, 1947, and empowered the Se- tively if public market stalls are oecucretary of Finance to promulgate the pied by citizens rather than by aliens. necessary rules to carry into effect the 6. ID.; PU)ILIC MARKETS, ESTABLISHpurp>Se of this act that beginning Jan- MENT AND OPERATION OF, ARE uary 1, 1947, if occupancy for any public FUNCTIONS OF GOVERNMENT; PUmarloet stall is applied for by Filipino BLIC FUNCTIONS ARE POWERS OF ,,itizens and by aliens, the same shall be SOVEREIGNTY EXCLUSIVELY FOR awarded to the former. Department of Fi- NATIONALS.-The establishment, mainnance Order No. 32, in declaring vacated tenance, and operation of public markets, all public market stalls as of January 1, as much as publi" works, are part of the 1947, had only made clear the legislative functions of government. The privilege intent that from then on the preference of partic.ipating in said functions, such given by Republic Act No. 37 to Filipino as that of occupying public market stalls, citizens shall be made effective. As a is not among the fundamental rights or matter of ·fact, the declaration in said even among the general civil rights pro.Department of Finance Order can be con- tected by the guarantee of the Bill of sidered as a mere surplusage as, evw Rights. The exercise or enjoyment of without it, Filipino applicants would still public functions are reserved to a class of be entitled to lease and occupy, beginnirq, persons possessing the specific qual.ifkaJanuary 1, 1947, public market stalls thon tions required by law. Such is the case occupied by aliens. of the privilege to vote, to occupy a gov4. CONSTITUTIONAL LAW; PUBLIC ernment position or to participate in puMARKETS AS PUBLIC SERVICES OR blic works. They are reserved exclusive!)· UTILITIES.-Public markets or public to citizens. Public functions are powers services are utilities as much as the pu- of naticnal so·»ereignty and it is elen1enblic supply and sale of gas, ga•oline, tary that such sovereignty be exercised electricity, water and public transporta- exclusively hy nationals. Page 428 THE LOCAL GOVERNMENT REVIEW 7. ID.; FOREIGNERS' RIGHTS AND PRIVILEGES, LIMITATION OF.-Although foreigners are entitled to all the rights and privileges of friendly guests, they can not claim the right to enjoy privileg•s wh'ch in their nature belong exclusively to the hoots. DECISION FERFECTO, J.: On October 1, 1946, Congress enacted Repui:Jlic Act No. 37 which reads as follows.: "AN ACT GRANTING PREFERENCE TO .FILIPINO CITIZENS IN THE LEASE OF PUB:LIC MARKET STALLS. , "Be it enacted by the Senate and House of Representatives of the Philippines in Congress asembled: "Section 1. All citizens of the Philippines shall haYe-preference in the lease of public market stalls. "Sec. 2. The Secretary of Finance is hereby empowered to promulgate the necessay rules t6 carry into effect the purposes of this Act. "Sec. 3. L.\11 existing laws or parts thereof contrary .to the provisions of this Act are hereby repealed. "Sec. 4. This Act shall take effect on the first day of January, nineteen hundred and forty-seven. "Approved, October 1, 1946." ·Furporting to carry into effect said act, the Secretary of Finance promulgated on November 29, 1946, Department of F'inance Order No. 32, declaring all stalls or booths in all markets as vacated <by their occupants and their leases terminated on January 1, 1947. Section 2 of said order provides: "Vace,ncy of Stalls; Notice of A.p']Jlication.For the purpose of this Order, all stalls or booths in any public market shall be deemed to b~ vacoted hv their present occupants and their lease .terminated on January 1, 1947, and the same shall be leased to ap· plicants therefor beginning said date in the following manner: AUGUST, 1949 "(a) Notice of this general vacancy shall ·be po~ted on the bulletin board in each public market and other conspicuous places therein immediately upon the promulgation of this Order. "(b) If the occupants or holders of the stalls on l.Jecemoer 31, .i~4.ti are citizens of the Philippines, and have b~en occupying or holding the same for not less than thirty (30) days before said date, and they file ~heir applications to continue occupying the same .in the manner herein prescribed, they shall be given the lease of their res·pective stalls, subject. to the conditions prescribed in these regulations. The application shall be substantially in the form pre~cribed in section 3 (c) hereorand shall expressly state, that the applicant is the' actual occupant on December 31, 1946, of the stalls applied for. "(c) If their occupants on ·December 31, 1946, are not Filipino citizens, the sta1ls affected shall be awarded for occupancy to the Filipino applicant who first filed his application therefor in accordance with the •provisions hereof. "(d) In case two or more· appli~ cations from F'ilipiJlO citizens are filed at the same time for the same market stall, or it can not be ascertained which one of them was filed first, the lease of the stall shall be awarded by lot under the supervision of the Market Committee as herein provided. "(e) The award of market stalls to an alien applicant can be made only in the absence of a Filipino applicant." On December 27, 1946, petitionersappellees filed with the lower court a petition for prohi'hition 'lo restrain appellants from enforcing the above act <:nd department order, alleging that they are unconstitutional. On December 28, 1946, the lower court iss-ued a writ of preliminary in-. junction ordering appellants to desist from ejecting appellees from the leased public market stalls mentioned in the petition. Page 429 The writ was dissolved by order of January 7, 1947. Appellees filed with the Supreme Court a petition for cer- - tiorari and mandamus, L-1266, to annul the order of dissolution. of the wri!t of preliminary injunction.. The petition \Vas dismissed on August 29, 1947, because among other reasons, the Secretary of •finance suspended the operation of Department Order No. 32 which respondents were about to enforce. Trial was held in the lower court where appellees called to testify three market stall holders, Yee Shi; Go Hong an_d Uy Ho. -Yee Shi, Chinese, widow, 46, testified that she continuously occupied her stalls in Divisoria Market since June, 1932, upon the death of her husband _ a former lessee thereof; that she sig11r ed contracts of lease for the occupancy of said stalls, but no copy was given her by the market authodties; that on December 24, 1946, she received notice to vacate the staJ:ls not later than 4 p. m. of December 31, 1946; that she has no means of livelihood other than her business conducted at said stall; that, if ejected, she will have no means to support her five children and that there are no other alien 'marKet vendors than the Chinese. Go Hong, 49, Chinese, testified that he has been occupying his stalls at Quiapo Market since 1916; that he signed contracts of lease but no copy was given to him by the market authorities; that if ejected, he will have no means of supporting his ~Filipino wife and four children; that there are no alien vendors other than the Chinese; and that approximately 50 Chinese vendors occupy about 9% of the stalls in Qui'apo market. Uy Ho, Chinese, 48, testified that he continuously occupied his stalls at Divisoria market since 1928, except for a period from 1943 to 1944 when he joined the Marking guerillas; that he signed contracts of lease but no copy was given him by the market authorities; that, if ejected therefrom, he will have no means of supporting his wife and · six children; that his youngest Page 430 child is only 10 months old; that on December 21, 1946, he received notice to vacate the stalls not later than 4 p.m. of December 31, 1946. Appellees also presented the following documentary proofs: Exh. A, Markt>t Code of Manila or Ordinance No. 2898; Exhibit iB, Department of Finance Order No. 32 ; Exh. G, notice given by the City Treasurer to appellees .to vacate the public market stalls not later than 4 o'clock p.m. December 31, 1946, pursuant to the provisions of Republic Act No. 37 and Department of Finance Order No. 32; Exh. D, record of Mendoza vs. Nolasco, civil case No. 72532 of the Court of F'irst Insfance of Manila; Exh. E, opinion of the City Fiscal given to the Mayor of Manila dated November 15, 1946; Exh. F, records of Sy Choe Chay vs. Market Master, civil case No. 915 of the court of First Instance of Manila; Exh. G, portion of tlie transcdpt of the stenographic notes taken on December 28 1946; Exh. H, Section 653 or Ordinance No. 1600 of Manila; Exh. I, Secs. 7915, 801 and 809(c) of·Ordinance Order No. 1600 of Manila; Exh J to Exh. J-19, treaties of the United States with several foreign countries; Exhs. K to K-3, opinion of the Atty. General; Exhs. L to L-5, decisions of rthe Supreme Court; Exh. M, Philippine Immigration Act of 1940; Exh. N, order of the Military Governor of September 20, 1898; Exh. 0, Note of the Secretary of State Hay of December 5, 1898; Exh. 0-1, Note of Secretary of State Knox; Exh. 0-2, Lobinger, American Courts in China; Exh. P, Charter of the United Nations; Exh. Q, certificate of the City Treasurer of Manila to show that only 13.02% of the public market stalls of Manila are occupied by aliens, herein ~ppellees; Exhs. R and S, identification cards issued to Yee Shi; and Exh. T, certificate of delegation of the Republic of China to the Phlippines, to show that appellees have exhausted all administrative remedies to secure repeal or modification of Republic Act No. 37 and Department of Finance Order No. 32. Appellants presented as their only evidence Exh. 1, showing that all the THE LOCAL GOVERNMENT REVIEW market stalls in Manila ha~e already been &pplied for by citizens of rthe ;~hi lippines · that there are 3,479 apphca· tions r~ceived from F.flipino citizens, or an average of five applications to every two stalls and almost eight Filipinos to every alien occupant; and that these stalls are Jieing awarded to the Filipinos 0 pursua1.•t to the provisions of Republic Act No. 37., The lower court rendered judgment upholding the constitutionality of Republic !Act No 37 but voiding the pro· visions of Section 2 of. Department of Finance Order No. 32, as not in conformity with said Republic Act No. 37 and commanded appellants to ·desist from enforcing the provisions of Department Order No. 3Z. Appellants assigned in their brief six errors as having been committed by the lower court, all relating fo the interpretation of Republic Act No. 37 and as to the validity of Department of Finance Order No. 32. The whole controversy in this appeal can, however, be limited to the question as to whether or not Sec. 2 of Department of Finance Order No. 32 is autho· rized by Republic Act No. 37. The trial court answered the question in the negative and, therefore, ordered appellant public officers to refrain from executing said department order and from ejecting appeHees from their respective stalls. The trial court reasons out that, although the act was approved on October 1, 1946, it expressly provides that it shall take effect on the first day of January, 1947, and that it does not appear in the text that Congress intended to give to the act a retroactive appli· cation. Hence, the unconstitutionality of Section 2 of said order No. 32. Appellants contend that on the hypothetical assumption that awards in public markets are leases the same had already expired on January 1, 1947; and that, since the fees of the stallholders are collected either daily, weekly or monthly, without definite periods, the leases should be understood as being from day to day, week to week or rr..onth to month, as the case may be ac· cording to Arrticle 1951 of the Civil AUGUST, 1949 Code, all of them bad expired since December 31, 1946. They allege that on January 1, 1947, all awards to stalls could be renewedand reassigned to holders to hold them pursuant to the national policy declared in Republic Act No. 37, and ~he Secretary of Finance, in declaring all staHs or booths in any public market vacant and their lease terminated on January 1, 1947, as provided in Section 2 of Department of Finance Order No. 32, simply recognized the day-to-day nature of the leases in question, asMe from what is provided in Section 26 of Ordinance No. 2808 of Manila, known as the Market Code, as amended by Ordinance No. 2993, which reads: "Citizenship of Stallholders.-No person shall be permitted to engage in any form of business in the public markets of Manila other ·than citizens of the Philippines and· of the United States, PROVIDED, That forreigners having existing busines.s in the said markets and duly licensed therefor are hereby given a grace of three years upon approval of this Ordinance to vacate the stalls they occup•y." Appellees, on the other hand, contend that rthe power granted by Section 2 of Republic Act No. 37 to the Secretary of Finance to promulgate rule:s is limited to strict conformity with the requirements of the statute, adding that the context of Republic lAct No. 37 can be searched in vain for any provision authorizing the termination of all existing leases and the possible disposses· sion of all stallholders on January l, 1947, and that the omission cannot be supplied by the Secretary of F'inance. We hold that the provision of Section 2 of Department of Finance Order No. 3Z declaring that all stalls or booths in any public market shall be vacated by their occupants and their leases terminated on January 1, 1947, has been issued to make effective the provisions of Republic Act No. 37. The main purpose of said act is ~o grant to Filipino citizens preferenc~ m the lease of public market staUs. Page 431 Congress decreed that the act shall take effect on January 1, 1947, and empowered the Secretary of <Finance to promulgate the necessary rules to car· rY into effect the purpose of the act that beginning January 1, 1947, if occupancy of any public market stall is f,pplied for by Filipino citizen.s and by aliens, the same shall be awarded to the former. Department of Finance Order N<:>. 32, in declaring vacated all public market stalls as of January 1, 1947, had only made clear the legislative intent that from then on the preference given by Republic Act No. 37 to Filipino citizens shall be made effective. As a matter of fact, the declaration in said Department of Finance Order can be considered as a mere surplusage as, even without it, !Filipino. applicants would still be entitled to lease and occupy, beginning January 1, 1947, pu· blic market stalls then o~cupied by aliens. Although appellees did not appeal against the trial court's decision, where_ in t)le constitutionality of Republic 1Act No. 37 was upheld, they reproduce here their attack against the 'validity of said act, submitting before us long and elaborate .printed brief and memorandum: Public markets are public services or utilities as much as the public supply and sale of gas, gasoline, electricity, water and public tram,portation are. Un· <ler the Cons'~it:.ition, the operation of a!J public services ? re reserverl to .F'ilipir o citizens and to corporations or associatons sixty per centuni of the capital of which belongs to ,Filipino citizens. "No franchise, certificafo, or any other form of authorization for lhe operation of a public utility shall be granted .except to citizens of the Philippines or to corporations or other entities organized under the laws of the Philippines sixty per centum of the capital of which is owrn;d by citizens of the Philippines nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period rthan fifty years. No franchise or right shall be granted to any Page 432 individual, firm, or corporation, except .under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the public interest so requires." Foodstuffs sold in public markets demand, at least, as much official control and supervision as the commodities sold and distributed in other pubEc utiJi.ties. They affect the life and health of the people, the safeguard_ ing of which is one of the ba:sic obliga· tions of a constituted government. · Official control and supervision can be exercised. more effectively if publfo market flt~n~ are occupied by citizens rather than by aliens. In impugning the validity of Republic Act No. 37, appellees invoke general guarantees in the Bill of Rights, such as the due proces·s of law and the equal protection of the lawS'. EYen · if their position could be supported under said general guarantees, a hypothesis the validity of which we consider unnecessary to decide, said guarantees have to give way to the specific pro· Yision above quoted, which reserves to Filipino citizens the operation of p'.llblic i'ervices or utilities. Furthermore, the establishment, r.iaint.enance, and operation of public rnarkets, as much as public works, are part of the functions of government. The privilege of participating in said functions, such as that of occupying !"'~:blic market stalls, is not among the fundamental rights or even among the general civil rights protected by the guarantees of the Bill of Rights. The exercise or enjoyment of public functions are res.erved to a class of persons possessing the specific qualifications reqt.ired by law. Such is the case of the privilege to vote, to occupy a government .position, or to participate in public works. The"y are reserved exclusively to citizens. Public functions are ·powers of national sovereignty and it is elementary that such .sovereignty be exercised exclusively by nationals. Although foreigners are entitled to ail the rights and privileges of friendly guests, they can not claim the right to THE LOCAL GOVERNMENT REVIEW FOURTEEN CENTURIES OF FILIPINO THOUGHTS (Continued from June Number) ANCIENT FILIPINO CULTURE AND PROMINENCE OF WOMEN M/S No. 4 PRINCESS URDUJA (From the Arab traveler lbn Batutu's account of a land identified by Doctor Rizal as Northern Luzon, in about 13·14. The paragraph a.bout the Europe(ln ·visitor is from the travels of the Italian Franciscan, Friar Ordoric, who was there twenty years earlier.) You, Priest, I have had brought here culture common among barbarians? by 111Y guards because, of all your ship's When my father Dalisay, the aged company, you alone scorned my invita- king by :whose name you call his kingtion. You told. your captain that we clom, was a much younger men there people of Northern Luzon are infidels, :1,isited here a priest of another faith a.nd that it would be against the pro- from far-distant Europe. But he did phet's law for you, a .holy man, to ea~ not shun novelty in food as do you. Our our food. sago-trees that produce flour, interYou behold about me, seated around Psted him, he admired the sugar-giving my throne, the elderly ladies who· are hctri palms, and liked our coconut wine. my counselors. Do their chairs of san- And 1 hope you will appreciate the cordal-wood, does my silk-canopied and dials, pickles and preserves which, gold-plated throne, suggest the court of wlth some other gifts for your accepta barbarous ·people? ance in remembrance of the land of I greeited you with the usual saluta- Dalisay, 1 have had sent to your ship. tions of courtesy in the .Turkish tongue, and had one of my attendants fetch ink and paper so I could write for you in Arabic characters what you recogni7.e•l as the name of the merciful and compassionrute God. Are such tokens of enjoy privileges which by their nature belong exC'lusively fo the hosts. For all the foregoing, holding both Republic Act No. 37 and Department of Finance Order No. 32 valid, the appeaL ed decision is reversed, and petition dismissed. (Sgd.) G. PERFECTO WE CONCUR: (Sgd.) MANUEL V. MORAN " GUILLERMO F'. 1 P'ABLO CESAR BENGZON MANUEL C. IB[RIONES PEDRO TUASON I concur in the result. (Sgd.) F. R. ·FERIA Ill the result. (Sgd.) RICARDO PARAS Ozaeta, J., did not take part. Montemayor and Reyes, JJ., did not take part. AUGUST, 1949 But let us speak no more of your mistaken notions of us. We pride ourselves upon our hospitality, and you, holy man though you are, need have no compunc1ion of conscience in eating- the food set before you, You have been told all aboi;t me. You know thwt I am gove.rnor of this port in pl2.ce of· my brother because, with my army of free women, slave girls and female ca;ptives,-all of whom fought just as well as men could,-! won a big battle. And you have heard, too, I'am sure, 1th~.t I am still unrnarc ried because I will marry no man except him who ·shall conquer me, and all the eligible suitors in this :vicinity are ~fraid to try for fear of being beaten by a girl. Now tell me of great India, which we know as the Pepper Counit.ry. I want to hear all about it. The little I know has fascinated me. Would there be a:ny chance, if I should go to war with India, of my getting it? Its great wealth and great forces attract me. (To be continued) Page 433 ,I AM A FILIPINO OARLOS P. ROMULO . I AM A FILllP'INO-inheritor of a glorious past, hostage of the uncertain future. As such I must prove equal to a two-fold task-the. task of meeting my responsibility to the past, and 1the wsk of performing my obligation to the future. I am sprung from a hardy race, child many generations temoved of ancient Malayan pioneers. Across the centuries the memory comes rushing back to me: d brown-skinned men putting out to sea in ships tha_t were as frail as their hearts were stout. Over the sea I see them come, borne upon ±he billowing vvave and the whistling wind, carried upon the mighty swell- of hope-hope in the fre~ abundance of the new land that was to be their home and their chi!, clren's forever. This is the land they sought and found. Every inch of shore that their eyes first set upon, every _hill and mountain that beckoned to them with green and purple invitation, every mile of rolling plain that their view encompassed, every river and lake that promised a plentiful living and the fruitfulness of commerce, is hallowed spot to me. By the strength of their hearts _and hands, by every right of law, human and divine, this land and all the appurtenances thereof-the black fertL!e soil, the seas and Jakes and rivers teemiug with fish, the forests with their inexhaustible wealth in wild Jffe and timber, the mountains with their bowels swollen with ·minerals - the whole of this rich and happy land has been for centuries without number the land of my fathers. This land I received in trust from them, and in trust will pass it on fo my children, and so on until the world is no more. I AM A FILIPINO. In my blood runs the immortal seed of heroes-seed that flowered down the centuries in deed.~ of courage and defense. In my veins yet puls.es the same hot blood 1hat sent La~mlapu to battle against the first inV;lder of this land, that nerved LaxaPage 434 mana in the combat against the alien foe, that drove Diego Silang and Da' gohoy into rebellion against the foreign oppressor. That seed is immortal. It is the selfsame seed that flowered in the heart of Jose Rizal that morning in Baguml:ayan when a volley of shots put an end to all that was mortal of him and made his spirit deathless forever, the same ~hat flowered in the hearts of Bonifacio in IB:alintawak,of Gregorio de! Pilar at Tirad !Pass, of Antonio Luna at Cal um pit; that burst forth royalJy again in the proud heart of Manuel L. Quezon when he stood at Jas1t on the threshold of ancient Malacafian Palace, in the symbolic art of possession and iacial vindication. The seed I bear within me is an immortal seed. It is the mark of my manhood, the symbol of my dignity as a human being. Like the seed that were once buried in the tomb of Tutankhamen many thousands of years ago, it is the insignia of my race and my reneration is but a stage in the unending search of my people for freedom and happiness. I AM A F'ILIPINO, child of the marriage of the East and West. The East, with its languor and_ mysticism, its passivity and endurance, was my mother and my sire was the Wiest that came thundering across the seas wi~h the Cross and Sword and the Machine. I am of the East, an eager participant in its spirit, and its. struggles for liberation from the imperialist yoke. But I know also that the East must awake from its centuried sleep, shake off the lethargy that has bound its limbs, and start moving where destiny awaits. For I, too, am of the West, and the >igorous peoples of the West have destroyed forever the peace and quiet that once were ours. I can no longer Jive a being apart from those whose world now trembles to the roar of bomb and cannon shot. I cannot say of a mwtter of universal life-and-death, of freedom THE LOCAL GOVERNMENT REVIEW and slavery for ·all mankind, that it concerns tne not. For no· man and 'no nation is an island, but a part of the main, and there is no longer any East and West-only individuals and nwlions making those momentous choices which are the hinges uporn which history revolves. · At the vanguard of progress in this part of the world I stand . . . I have seen the light of '1:he sun, and I know that it is good. I have seen the light of justice and equality and freedom, my heart has been lifted by the vision of democracy, and I shall not resit until my lanp and mY: people shall have been blest by these, beyond the power of any man or nation to subvert or destroy. I AM A FILI'P'INO;and this is my inheritance. What pledge shall I ·give that I may prove worthy of my inheritance? I shall give that pledge that has come ringing down the corridors of the centuries, and it shal·l be compounded of the joyous cries of my Malayan forbears when first they saw the contours of this land loom before their eyes, of the battle cries that hme resounded in every field of combat from Maetan to Tirad Pass, of the voices of my people when they sing: ' "Land of the morning, Child of the sun returning, With fervor burning Thee do our souls adore." Republic of the PhiHppines COMMISSION ON ELECTIONS Manila LIST OF MUNICIPAL OFFICIALS November 11, 1947 Elections PROVINCE OF CAGAYAN ABULUG-Mayor-.-- Sabiniano Lorenzo (L) Vice-Mayor - Isaac Marantan Council-Ors: 1. Jorge de Ocampo (L) 2. Severino Manguba (N) 3. Jose Maqt1era (Ind.) 4. Eustaquio Bialza (L) 5. Melchor Aliliam (L) 6. Eugenio Catenza (L) ALLACAPAN (N) Mayor --- Agustin Gorospe (L) Vice-Mayor - Geronimo Trinidad (L) Councilors: l. Francisco Urias (L) 2. Leonor Valera (L) 3. Dionisio Valenzuela (L) 4. Melanio Domingo (L) ALCALA Mayor--· - Nicanor A. Catral (L) Vice-Mayor - Dominador Centeno (L) Councilors: 1. Francisco C. Yap (N) 2. Eligio Batan (L) r David P. Donato (L) 4. Leoncio Seguro (L) 5. Placido Ca bu not ( L) 6. Francisco Marinas (L) AM UL UNG Mayor --- Augusto Ibanez (L) Vice-Mayor - Francisco Gammad Councilors: . 1. Eduardo Matanum (L) 2. Parifico Guzman (Ind.) 3. Justo Battung (L) 4. Emilio Garcia (L) (Ind.) Out of the lush green of these seven thousand isles, out of the heartstrings of sixteen million people all vibrating to one song, I shall weave the mighty fabric of my pledge. Out of the songs nf the farmers at sunrise when they go 5. Primitivo Somera (L) 6. Teofilo C. Meneses -(L) to labor in the fields, out of the sweat . ., of the hard-bitten pioneers in Mal-lig and Koronadal, stevedores at the piers and the ominous grumbling of peasants AP ARRI . Mayor--- Nemesio Furaganan (L) Vice-Mayor - Dionisio A. Tajon (L) in Pampanga, out of the first cries of babies newly born and •the lullabies that mothers sing, out of the crashing of turbines in the factories, out of the crunch of plough-shares upturning the earth, out of the limitless patience of teachers in the classrooms and doctors i11 the clinics, out of the tramp of soldiers marching I shall make the pat· AUGUST, 1949 tern of my pledge : "I AM A FILIPINO born to freedom, and I shall not rdsJ; until freedom shall have been added ~to my inheritance --for my children's·, children - FOREVER." Page 435 Councilors: 1. Paulo T. Garcia (L) 2. Esteban Alameda (L) 3. Domingo Avila (L) 4. Delfin Macanaya (L) 4. Juan Palacpac (L)* 6. Manuel' G. Alvarado (L) 7. Pantaleon Bueno (L) 8. Basilio Quinto (L) •·-Juan Palacpac-held ineligible by Court of First Instance .BAGGAO Maycr---Angel C. Canillas (L) Vice-Mayor - Saturnino Trinidad (L) Co.uncilors: 1. Arturo Badua (L) 2. Juan Si;gson (L) 3. Estanislao Ayson (L) 4. Ignacio Tapulao.(L) 5. Arturo Orpilla-(L) 6. Leonardo Ramirez (L) BALLESTEROS Mayor --- Marcelino Collado (L) Vice-Mayor - Mateo P. Unite (L) Councilors: 1. Gregorio Bonifacio (L) 2. Mariano Ugali (L) 3. Wenceslao L. Naval (L) 4. Placido Sosa (L~ 5. Vicente Pacleb (L) 6. Candido Acebedo (L) BUGUEY Mayor --- Fundador Varilla (L) \ Vice~Mayor - Simeon Molina (L) Councilors: 1. Policar·pio Taloza (N) 2. Marcelino Rieta (N) 3. Tomas Ponce (N) 4. Higino Ramos ( L) 5. Vicente Taloza (N) 6. Segundino Arquero ( N) CALAYAN Mayor --- Felix Lazaro (L) Vice-Mayor~ Jorge Castillejos (L) Councilors: 1. Edilberto Romero (L) 2. Avenildo Cobo (L) '" Dionisio Remolacio (L) 4. Pedro Castillejos (L) CAMALANIUGAN Mayor --- Raymundo T_ Jurado (L) Vice-Mayor-Juan G. Casauay (L) ~ouncilors: l. Caridad T. Villaflor (L) 2. Clemente Arellano (L) 3. Bernabe Gonzales (L) Page 436 4. Bop.ifacio Arellan-0 (L) 5. Ag.apito Tolentino (L) 6. Basilio Combate (L) CLAVERIA Mayor --- Martin A. Avila (N) Vice-May01· - Juan L. Leafio (L) Councilors: 1. Amador Pianta (N) . 2 Victoriano Eduarte (L) 3. Mariano Rodriguez (L) 4. Benito Ancheta (L) 5. Josefa S. Fres (L) 6. Pascual Sapp (L) ENRILE Mayor --- Jose C. Babaran (L) Vice-M>j.yor -·Rosendo Turingan (L) Councilors: 1. Donato Gumabay (L) 2. Eladio Nolasco (L) 3. Jose Bassig (L) 4. Olympio Mabborang (L) 5. Juan Babaran (L) 6. Fidel Turaray (L) FAIRE Mayor --- Pedro Carodan (L). Vice-Mayor - llfauricio Danao (L) Councilors: 1. S'meona B. Ab:des (L) 2. Procopio Binuya (L) 3. Rosendo Ru'z (L) -1) Alejandro Batugal (N) 5. Macario Guitang (N) 6. Mariano Suyo (L) GATTARAN Mavor --- Delfino Liban (N) Vic~-Mayor - Fernando Ya Villegas (L) Councilors: 1. Rosendo Salvador (L) 2. Marcos Bumatay (L) 3. Angel E. Jokico (N) 4. Mariano Tumamao (N) 5. Andres Mafigupag (L) 6. Paulo de los Santos (L) GONZAGA Mayor --- Cayetano B. de la Cl'Uz (L) Vice-Mayor - Delfin Baltazar (L) Councilors: 1. Lucas Peralta (L) 2. Romarico Salvanera (L) 3. Pantaleon RecoJ:zado (L) 4. Crispulo Bernadas (L) 5. Apolonio Siggaoat (L) 6. Rufino Vicente (L) IGUIG Mayor --- Graciano Batten:?; (L) THE LOCAI, GOVERNMENT REVIEW Vice-Mayor - Basilio B. Rey (L) Councilors : 1. Fernando Batulan (L) 2. Julio Garcia (L) 3. Andres Tuliao (L) 4. Macario Banatao (L) 5. Remigio S. Narag (L) 6. Lu's Sedano (L) LAL-LO Mayor --- Joaquin Andres (L) Vice-Mayor - Domingo R. Ziganay (L) Councilors: 1. Deogracias P. Petralba (L) 2. Bonifacio Israel ( :t.) 3. Abelardq Roe (L) 4. Homobono Bacuyag (L) 5. Daniel Austriaco (L) 6. Blas Corpuz (L) PAMPLONA Mayor --- Pedro B. Maquiraya (L) Vice-Mayor - Leon Y. Ibe (L) Councilors: 1. Pedro Sinnung (L) 2. Primitivo Mal-labo (L) 3. Lucas Tangonan (L) 4. Esteban S. Cayaba (L) 5. Bernardino Tabia (L) 6. Vicente Rodriguez (L) PEN'ABLANCA Mayor --- Crescenciano L. Saquing Vice-Mayor- Domingo Carag (L) Councilors: 1. Eulalio Calagui (L) 2. Estanislao Nonato (L) 3. Pedro Lasam (L) 4. Encarnacion Molina (L) 5. Mariano Bassig (L) 6. Francisco Tattao (L) PI AT Mayor --- Tomas B, Pamittan (L) Vice-Mayor - Nicomedes de Laza (L) Councilors: 1. Calixto Francisco (N) 2. Vicente Malana (L) 3. Jacinto Cornelio (l\J 4, Domingo Salagan (L) 5. Vicente Baliuag (L) 6. Feliciano Agustin (L) lUZAL Mayor --- Vicente Asisteros (L) Vice-Mayor - Lu's D. Dassun (L) Councilors: 1. Bernardino Asi:cena (L) AUGUST, 1949 (L) 2. Raymund<> Guimay (L) 3. Diosdado J:!anad (L) 4. Sinforosa B. Canapi (L) 5. Salvadora M. Palmea (L) 6. Jose Bayana (L) 8ANCHEZ-MIRA Mayor ---Ambrosio Abrina (L) Vice-Mayor -Isidoro' Vicente (L) Councilors: 1. Victoria G. Fuertes (L) 2. Teresa I. Blanco (L) 3. Enrique Marumi (L) 4. Bernardino Dungan (L) 5. Aurelio Galzote (L) 6. ~stanislao Mangasing (L) SOLANA Mayor ---Abslardo Lasam (L) Vice-Mayor-Agapito de Asis (L) Councilors: 1. Braulio Baquiran ( L) 2. Modesto Lucina (L) 3. Salome Antonio (L) 4. Ceferino Bulauitan (N) 5. PoncianG Guaring (L) 6. Catalino Cafugauan (L) ~.'UAO' Mayor --- Juan M. Baligod (L) Vice-Mayor - Casiarto Baligod (L) Councilors: 1. Roque Aglaua (L) 2. Domingo Tagumasi (L) 3. Antonio Mabborang (L) 4. Placido Carodan (L) 5. Vicente Sagalon (L) 6. Pascual Balunsat (L) TUGUEGARAO Mayor - - - Amandi) Arugay (L) Vice-Mayor - Jose Kanapi (L) Councilors: 1. Nestor Qi unto ( L) 2. Mateo G. Li ban (L) 3. Caridad v. Perez (L) 4. Marcelo Aguotin (L) 5. Juana l\II. La3am (l.) 6,. Timoteo N ati,·idad (L) fl. Bernardo Calimag (L) 8. Teodolfo Ascai\o (l.) ~·····················~··· ......... ··~ t C<>mpliments of ~ FILIPINO TRADE STORE ~ General literchan~ Manufacturer Representative and Indentor 884 Rizal Ave. .................................................................................................. ~ ..... f'age 437 THE MAURA LAW Royal Decree of May 19, 1893 (Continued from Jitly Number) Section 13. The lieutena'Illts of police, Section 16. In order to be elected ca~'ields, and cattle, shall exercise the beza de barangay, the following qualifunctions set down in the regulations fications are necessary: and other provisions in force, They 1. Be native or Chinese mestizo shall also exercise the powers delegat- 2. Be more than twenty-five years eel to them by the Captain or other lieu- old. tenants, the peI'ISon delegating being sub- 3. Be, for two years previously, a residiarily liable for 'the conduct of the sidenrt of the town in which the person to whom .the delegation is made. office is to be held. Section 14. For the purposes of bet- 4. Be of well known honesty and pr0ter government and the administration bity. of the towns, .they shall be divided Sectiol). 17. The following may be exinto barangays, regulated according to empted from being cabezas de bara.nthe grouping of their inhabitants. gay: _ t Each barangay of grouped inhabit- Persons more than sixty years old. ants shall include at least 1'00 families, Persons physically disabled. and shall not exceed 150. Persons who have held the office for Every barangay of non-grouped in- twelve years. habitants shall include at least 50 fa- Section 18. The position of cabeza milies, but less than 100. de barangay shall be held for three At the head of each barangay, there years, and may be regained indefinitely shall be a cabeza, who shall at the same in consecutive reelections. time discharge the duties of teniente ;By way of compensation for the del barrio. larger amount of work which the new The division into barangays shall barangays will thrust on the cabeza, take place as soon as the municipal tri- the remuneration which he receives at bunals are constituted into boards, to· the present time, for his services of, gether with the twelve deputy electors. cGllection, 'shall be increased by 50 per After such a division has been decid- cell!t, the Municipal Tribunal gralllting ed upon and communicated to the Gov- him, furthermore, every year the perernor of the Province, it cannot be al- sonal services of one or two polistas* as tered without this official, after hear- assistants in the discharge of his duing the p>rovincia'i board, approving the ties. All these ·emoluments- are granted resolution which has been adopted with to him without detriment to the exempa like formality. tion1s and p·rivileges already bostowed Section 15. The appointment of. ca- on him by the laws in force. bezas de barangay shall be made by Section 19. Questions which may the Governor of the Province, on the nrise regarding the total or partial con· reciimmendat_ion in :ternary of the Mu- stitution of the municipal tribunals; Eicipal Tribunal, together with the the Principalids, and the representation twelve residents represenrting the Prin- of the latter, or regarding their respec· cipalia. tive powers, shall be submitted fo the The composition of the ternary shall Governor of the Province, who shall be effected by means of the election of. decide the questions with the concurthose proposed, one by one, under the >r•mce of the Provincial Board. presidency of the Captain, with the at- ARTICLE IL-Provincial Boards ten dance of the ~verend Parish Priest; Section 20. In order to inspect the nnd persons, who are disqualified from administration of the "Income of the becoming members of the Tribunal, as Towns" and to report to the Governor specified in Section 9 hereof, cannot of the Provitice upon the municipal mat_ be included: (Continued on page :442) Page 438 THE LOCAL GOVERNMENT J{EVIEW ACTIVITIES Of THE LOCAL GOVERNMENTS AND THEIR OFFICIALS Minutes of the Conference of Provincial Governors and City Mayors held in Manila, October 4, to 9, 1948 (Continued from July Number) No. 42 W•HEREAS, the City of Manila is the Capital and Seat of the Government of the Replllblic of the Philippines; WHEREAS, by the nature of its location, it is the h1:1b of the commercial, industrial and educational activities oi the whole country; WHERiEiAS, because of. these activities it has to meet and tackle many problems that involve substantial expenditures of government funds; and WHEREAS, the great buak of the income of the Natiqnal Government comes from the commercial' and industrial activities within the City limits; ailld it is only fair that it be given substarutial share of these revenues, in or der to make it able to meet such ex· penses as the above conditions require; .NOW THEREFORE, by the Con. ven.tion of Provincial Governors and City Mayors now assembled has . · Upon motion by Mayor Manuel de la Fuente of Manila RESOLVED, as it hereby resolves, to reqmist the National Government to allocate to the City of Manila a bigger portion of national aid than at present being given to it. RESOLVED FURTHiE1R, to forward this resolution to the Honorable, the Secretary of Finance, Manila, for his information and consideration. Carried. No. 43 WHEREiAS, conditions. of peace and order in the -City of Manila and in the provinces leave much to be desired; WHEREAS, there is need for the government to take concrete measures to combat cr~minality and maintain i1eace and order at all costs to strengthen the faith of the people in it; and WHEREAS, this can be accomplished without much expense to the government although it requires special ef· forts on the part of the chief executives and other officials; NOW THEREFORE:, in view of the AUGUST, 1949 foregoing considerations the Conference of Provincial Governors and City Mayors has On motion by Mayor Manuel de la Fuente of Manila RESOLVED, as it hereby resolves. that all Provincial Governors and City Mayors initiate immediately the necessary s t e p s for the formation throughout the Philippines of Community Associations which shall assist ia and/or h~ve the following functions: (a) equitable distribution of essential commodities, particularly rice; (b) facilitate census checking; (c) report on suspicious individuals and otherwise assist the police authorities in the maintenance of peace and order; ( d.) promote closer neighborhood ties among the residents of the community; and (e) assist in the performance of civic functions of the government; and RESOLVED ·FURTHER, that necessary rules and regulations be adqpted for such asso(,(iations taking into ac· count tl\.e peculiar conditions and circumstances dbtaining in each particular locality; RESOLVED FINALLY, to forward this resolution to His Excellency, the· President of the Philippines, thru the Honorable, the Secretary of the Interior, Manila, for their .information and consideration. Carried. NO. 44 WHEREAS, the amendment of Sections 2295, 2296 and 2297 of the Re~ vised Administrative Code by Repub· lie Act No. 2'38 has given more autonomy to the local governments in the preparation and approval of their budgets; · WlIEREAS, the provisions of Re;mblic Act No. 238 empowers the Provincial Board to decide finally on appeals pertaining to municipal appropriations whereby it is no longer necessary to submit said a.ppeals to the Department of Finance arnd the InterPage 439 ior and -thereby eliminating the long delay in the settlement of the budget problems; WHEREAS, from the representations made by all the heads of offices ir_ the provincial government that the present 'procedure of adopting provincial budgets and of submitting same to the Departments of Finance and the Interior really delays the carrying out of governmental activities; · WHEREAS, the long <\~lay which someiimes range from weeks to months before action could be taken by the said· Departments oftentimes is translated into the inefficiency of the public service ; NOW, THEREFORE, in view of the foregoing considera:tions, the Conference of 'Provincial Governors and City Mayors has Upon motion by Governor Perfecto Faypon of Ilocos Sur Resolved, as it is hereby resolved, in this conference to request thrut once an annual or supplemental budget is approved by the lf'rovincial Board, ex;penditui:_es as therein: provided be at once enforceable and not in any way delayed or reSJtricted by reason of. its pendency :n the Departments. RESOLVED F'URTHER, to forward this resolution to both Houses of Congress, thru their respective Secretaries, Manila, for their information l!nd appropriate action. Carried. NO. 45 WHEREAS, the present rates of salaries of provincial officials are not ·commensurate with the dignity and responsibility attached to their offices; WHEREAS, the Provincial Gov· ernor being the Chief F.xecutive of the province, his position demands the utmost of dignity and responsibility; WHEREAS, by virtue of scich office and the responsibility attached thereto, the Provincial Governor should re· ceive the highest salary of all the prov. incial officials ; NOW, THEREFORE, in consid~ra tion of the foregoing premises, the Conference of Provincial ·Governors and City Mayors now in convention Page 4-~'] has, Upon motion of Governor Perfecto Faypon of Ilocos Sur, RESOLVED, as it hereby resolves, to request His Excellency, the President of the Philippines, to cause the passage of an administration bill providing for the standardization of salari·es of provincial officials, making the Provincial Governor the highest paid of such officials. RESOLVED FURTHER, to forward this resolution to His Excellen~y, the !President of the Philippines, Manila, for his information and favor-able consideration. Carried unanimously,· NO. 46 :'· WHEREAS, the Provine~ Governors and the City Mayors are~t' Chief Executives of the Provinces alttt'Cijies; WHEREJAS, as such Qhief. Executives they should be given certain privileges just as Members of Congress 9.re; WHEREAS, Members of Congress i:re given the privilege of using low numbers of their cars ; NOW, THEREFORE, in consideration of the foregoing premises·, the Conference of Provincial Governors and City Mayors has Upon motion of Governor Perfecto Faytpon of Ilocos Sur RESOLVED, as it hereby resolves, i.o request the Honorable,. the Secretary of Pub.J.ic Works and Communications, Manila, to assign iow number plates to cars used by the Provincial Governors and City Mayors. RESO!JVED FURTHER, to forward thi11 resolution to the Honorable, the Secretary of Public Works and Com· munications, Manila, for his information and favoraHe consideration. Carried unanimously. NO. 47 'WHEREAS, the present number of grades in the elementary school curri· culum does not adequately prepare the pupils to fully cope with the school work demanded of them in the High School; WHEREAS, when the required number of years for the elemen· THE LOCAL GOVERNMENT REVIEW tary course was seven (7) instead of the present six (6) it was found that p11pils were adequately prepared fm high school work; . NOW, THEREFORE, in view of the foregoing considerations, the Confer· <.Jnce of Provincial Governors and City Mayors has Upon motion of Governor Perfecto Faypon of Ilocos Sur, HESOL VED, as it hereby resolves, to request the Honorable, the Secretary of Education, Manila, to revise the present elementary school curriculum. providing for the revival of. the 7th grade in the elementary course. RESOLVED FURTHER, to forward this resolution to the Honorable, the Secretary of Education, Manila, for his information and· favorable consioeration. Carried. NO. 48 WHEREAS, the Members of the Provincial Board in all the provinces of the Philippines are still receiving the old rates of per diems fixed in Section 2097 of the Revised Adminis~rative Code; 'WHEREAS, the rate of pet- diems herein allowed to Members of the Provincial iBoards when actually attending sessions of the Boards is far from sufficient to meet the cost of even the ordinary representation of their exalted offices specially this time when the cost of living is sky high; WHEREAS, this is the observation of each and every member of the Conference of Provincial" Governors and City Mayors and as such it cannot be further tolerated; The Conference of Provincial Governors and City Mayors with the fore· goinll: considerations carefully deliberated upon, RESOLVED, as it is hereby resolved, t0 petition the Congress of the Philippines, Manila, thru the Honorable, the /President of the Senate and the Honorable, the Speaker of the House of Representatives, Manila, to amenfl Section 2097 of the Revised Adminis· trative Code in the sense that elective members of the provincial 1 :JOards shall AUGUST, 1949 receive a compensation to be fixed by resolution of the ·Provincial Board of .10t less than fifteen peso3 nor. more than thirty pesos for each day of . ae<ual attendance at the sessions of the Board. RESOLVED ·FURTHER, to forward this resolution to ·the Congress of ·the Philippines, thru the Honorable, the f'resident of the Senate and the Hono.>rable, the Speaker of the House cf Representatives, Manila, strongly rec· ommending favorable consideration. RESOLVED FINALLY, to furnish a copy of this resolution to the Hon.;rable, the Secretary of the Interior, Manila, ·for his information and ne~essary representations in the enact· ment of the law herein contemplated co be passed. Carried. NO. 49 WHERE1AS, it has often times been observed that foreman capataces and laborers are imported to work in pub!ic works projects wherein persons cap11ble of doing the work are available in places where said projects are un· dertaken, thereby depriving those people from earning something for their livelihood and for the payment of their obligations to the government; WHEREAS, it is just and proper to employ persons in places where public works projects are executed to solve in one way the unemployment problem in those localities thereby affording them financial relief; The Conference of Provincial Governors and City Mayors after due de· liberation on the matter and in order to do social justice to the people whereb:f public works projects are undertak·. en, RESOLVED, as it is hereby resolv· ed, to earnestly request His Excellency, the President of the !Philippines, to issue an Executive Order instructing any official or officials under whose control and supervision over public works projects undertaken in a place or places to employ the people living or residing in said places as foreman, capataces. carpenters, and laborers capl!ble of doing the work except technical Page 441 men not available therein and tJiat before any work is started the Provincial Governor as Chief. Executive of the Province, should first be advised of said work before employing foremen, capataces, carpenters· and laborers in the municipalities comprised in the province. RESOLVED FURTHER, to forward this resolution to His Excellency, the President of the Philippines, recommending favorable consideration. Carried. NO. 50 WHEREAS, the Convention of Provincial Governors and City Mayors has just been completed and has from the pofo.t of view of its achievements and ;;ccomplishment been· a success; WHEREAS, the success of the Conrvention has been mainly due to the cooperation and help extended by the N:itional Officials, specially His Excellency, the President of the Philippines; NOW, THERE,FORE, in consideration of the foregoing premises, the Convention has Upon motion of Mayor Vicente Suarez of Zamboanga City unanimously RESOLVED, as it hereby resolves, to express the profound gratitude of this Body to all National Officials specially His Excelleµcy, the President of the Philippines, for having made this Convention possible and a success. RESOLVED FURTHER, to forward this resolution to His Excellency, the President of the Philippines, and all National Officials and employees of the National Government, Manila, for their information. There being no more business to be taken up, the Conference adjourned at 5 :00 o'clock, Post Meridian October 9 1948. , , I HEREBiY CERTI!F'Y to the correctness of the foregoing minutes. ATTESTED: PERFECTO FA YIPON Governor of Ilocos Sur & Secretary MANUEL CUENCO Governor of Cebu & President Page 442 THE MAURA LAW (Continued from page 438) ters in which it must or may be heard, there shall be established in each capital, or seat of the province, a provincial board which shall be composed of the district attorney; the collector of pu· blic revenue; rthe provincial vicars (if there are two) and if there be one only, he and the Reverend Parish· ;Priest of ihe provincial capital or .seat; the health officer of. the province and four principal residents of the capital selected by the captains of the municipal tribunals of the province, ini rthe manner prescribe·d in the regulations. The Governor of the Province shall be the ex-officio Presid'ent of the Board.In his absence, the ex-officio members shall preside in the order in 11·hich they are named in the first pa· l'agraph of this Section. The four principal residents shall be under the obligation of discharging their duties for six years. Upon the expiration of this term, they sh::ill cease in their position1S, and the election of four orthers will follow, with th& outgoing members not being eligible for reelection. Exemption from service on the Provincial Board may be granted the principal residents who have reached the age of sixrty years as weH as those who are physically disabled. Persons receiving salaries from general, local, or muncipal fwnids; framers of revenues; contractors for works or services of some town of the province; tlebtol'S of the public funds; those who may have been sentenced to a personal penalty, whether served or not; and persons undergoing trial whose case has not been closed :by a final sentence, shaU not he eligible to election to such of.· fices. I Section 21. The questions and incidents which the organization of provincial boards may give rise to, the total or pal'ltial renewal of their membership, and the definition of their powers, of their relations with the Governor of. the Province, or with the municipail tribunals shall be decided by the Governor· General. (To be continued) THE LOCAL GOVERNMENT REVIEW - HOROSCOPE Were Yau Born in August AUGUST 1 A child of this day possesses a loving nature, but is inclined to be trusting to a fault. Beware of making new friends too easily. Early marriage predicted. The coming year should be a successful one. AUGUST 3 You should concentrate on your pre· sent occupation during this year. You have a great career in store for the fu. ture. You are not of a fickle nature, and your marriage, though late, will be a most happy- one. AUGUST 5 Too much exercise should be guarded against, but you should be 'a great indulger of sports. Books interest you, and you have a natural ability for writ· ing. AUGUST 7 You are born to be a leader, helping othet'S with their problems. Much is required of you. Your business success is assured now. Others will look to you for leadership and not· be disappointed. AUGUST 9 More confidence in yourself and less in others is advisable. You are capable of doing great things if you apply your· self. Interest yourself in the activities of those around you. AUGUST 11 Your work should be your first consideration. You are ambitious and capable, but should ltarn to rely more upon yourself. Yours is a restless naturetravel should interest you. AUGUST 13 A lover of excitement is born on this day. You should be a success in any kind of work. Yours is a charming personality. You possess a good sense of humor. AUGUST 15 A lover of water and travel is born on this date. Your interests tend to be political. You are shrewd in business dealings and great help to the solution of their problems. *Frum NYAL AUGUST, 1949 others in AUGUST 2 Your success depends on the encour· agement of others. You will achieve much with constant application. You are inclined to be changable. A new pel"iod of life awaits you this year, with much happiness. AUGUST 4 You are susceptible to worries This should be COJ:ltrolled to insure your happiness. You have great intelligence and possess a faculty of learning, which will be most -valuable. AUGUST 6 A very good birth date, due to indi· cations of love and romance. You should not marry too young, as your affections are too readily shifted. are a corking good mixer. You AUGUST 8 You are inclined to jump at conclusions. Do not let others sway you. Be careful in the trust you place in others. Do not take love too seriously-yours is a fickle nature. AUGUST 10 Popularity is yours among the opposite sex. Your life should be a happy one. The study of medicine should ·interest you. Avoid being influenced by others. AUGUST 12 You are given to creating the wrong impression frequently - especially in your affections. You a1·e naturally bright and entertaining, should be a good mixer. You enjoy making others happy. AUGUST 14 This date denotes much happiness. Keep in mind that things easily begotten are easily lost. Guard against lavish generosity. Cultivate i·eserve. AUGUST 16 Nume1·ous and frequent love affairs will be yours. Do not be too hasty with your decisions-avoid marrying too ear .. ly. A little more reserve should be exercised. Cultivate willpower. Page 44S - .. .. AUGUST 17 ' . . A.vG-vsT-is To abide by your own good judgement Youn is a nature that is· easily inis .. advisable for y-011.. . Your business fluenced by -other1, and you suffer much connections will be· successful. Refrain regret from being misinformed. Do not f:rom ·imbibing too freely in intoxicating take life so seri-Ously-hidden joys await beverages. you. AUGUST 19 Inclination . towards making m(>lley AUGUST 20 rapidly presents itself on this date. You are given to generosity and Avoid money. schemes of any nature. kindness towards others. Do not trust You should practice greater considera- too. far. . Others expect too much of you. tion for your friends. An early mar- You possess literary talent which should riage is advisable. be cultivated. AUGUST 21 AUGUST 22 Selectivity in friends should be your You have a religious temperament and first consideration. With proper support should avoid those who tend to dissuade you will go far in the business world. you. Learn to suppress your emotions, You are inclined to lose inte;rest in your and control your temper. endeavor. Practice perseverance. l AUGUST 23 AUGUST 24 I Any work you may attempt will be Do not assume too many business successful except in the financial field. responsibilities this .year. Be careful Debts should be avoided. You are a whom you trust. An early marriage is born organizer and should do well in predicted. Large family follows. aiding others. AUGUST·25 AUGUST 26 You are given to generosity-ready to This is a lucky birth date. Happiness make sacrifice·s for others. Do ·not let and joy surround this child. You will your emotions guide you too strongly. go far in the world, socially. You will Today's child is blessed by Fortune. have a large host of friends and will make a brilliant marriage. - - - - - - AUGUST 27 Avoid large investments this year. AUGUST 28 You are of a good character, with great Irritation must be avoided 'l>y one business integrity. Avoid making new born on this date. You are easily hurt friends too easily. Your numerous love and most sensitive. Don't be too serious affairs will culminate in happy mar- with people. Do not let others affect riage. you, and you will be most happy. AUGUST 29 AUGUST 30 G~t all the details of a proposition be- Avoid debt this year, and practice selffore you become too heavily involved. 'J'.o denial. You should be interested in mudecide too rapidly brings regret, and this sic and art, and should cultivate a know!shoul be avoided. You will have many edge of both. Your life tends to be a friends. most happy one. AUGUST 31 "Justice is the only worship. Love is Others confide in you. and ask your the only priest. Ignorance is the only advice. For this quality of yours. you slave,.Y. Happiness is the only good. will be well liked. To many trivial dis· The time to be happy is now. The place appointments may upset you ·in early to be happy is here. The way to be haplife, but your happiness will be greatest PU is- to make othe,. people happy." in the early thirties. -R. G. lngei·soll. Page 444 THE LOCAL GOVERNMENT REVIEW OPPICI!. OP TIU!. PRE.SIDE.NT OF TH& PHILIPPINES MALACANAN PHILIPPINES HERALDRY COMMITTEE OFFICIAL SEAL OF TURTLE ISLANDS COLOR GUIDE : ACTUAL 5/ZE. D GOLD • RED ~ L,6HT SLUED &R.OWN .APPROVED &Y AUTHORITY OF THIL PRUIO&NT ~-~.),,) PECUTIVI. ~EC AftY ~:?j ~ TECHNICAL CONSUi-TAM AllD ACT~ ;#AETARY __ ,,, .... ,,,,,,,,.,,,,,,.-1:::::::::::::::::::::::::::::::::c::::::::::::::::::::::::::::::::::::::::::ll Republic of the Philippines DEPARTMENT OF FINANCE Manila PROVINCIAL CIRCULAR (Unnumbered) May 28, 1949 SUBJECT: Subscription to "Tl-[E LOCAL GOVERNMENT REVIEW",-Authority forFunds permitting, provincial, city and municipal governments are hereby authorized to subscribe to "THE LOCAL GO".ERNMENT REVIEW", a monthly magazine dedicated, according to its publishers, "to promote the welfare of the provinces, cities and municipalities and their inhabitants." To ALL-Provincial Treasurers Provincial Assessors City Treasurers City Asser1sors PIO PEDROSA Secretary ---oOo--§ ~ SUBSCRIPTION to this mairazine h11ve 'lll~o hPPn J\Tl'l'HORT7.F.n ,'Py ~~ THE UNDERSECRE11ARY OF THE INTER~OR THE. DIRECTCR OF io_!lo_PUBLIC SCHOOLS, PRIVATE SCHOOLS, iANI>.PUBLIC LIBRARIES. ,. SUBSCRl'PTIONS should start wtih the first number - January - to complete Vol. I for a book at end of year. Lengthy laws, articles and historical documents are published' serially. H !! ~§ ii SUBSCRIPTION RATES PER YE.<!R: Regular - P12; - PIO -for ihe N ationial and local governments and their officials and for all ,""j "_;'"I schools and libraries. -·