The Local Government Review

Media

Part of The Local Government Review

Title: The Local Government Review
Issue Date: Volume I (Issue No.9) September 1949
Year: 1949
Language: English
Rights
extracted text: The LOCAL GOVERNMENT REVIEW Approved by the Secretary of Finance, the Direct'lr of Public Schools, the Director of Private Schools, the Director of Public Libraries and the Department of the Interior. -111111111111111111111111111111111111111111n1111111n111111n111111nmm1111j11111..,11111.i1..,11 ... 11111111111111111111111111111111111111111111111111111111111111111111111t111111111111111111H111•HH11111111111111111111111111111N11111111111111n11111111111111M1111111111111111111111n11111111111111 .. 111"" .. 111m1111111111111111111111111111111111111111111111111111111111111111111111111111LUlllllllllll""' 11•1111111111 ... HHlllllllNllllllllllllllllMllllllllllllllllllllllllllllllllllHllllllllllllllllllllllllllllllUlllllllllHlllnulll!llllllllllllllllllllllllllllllllllllllHllllllllllllllllllllllllUll .. lllllllll .. VOL. I, NO. 9 SEPTEMBER, 1949 ONE PESO -llllllllllllllllllllllllllllll111111111o1o1"'""'""''"""'"Nlllllllllllllll .. lllllllHlllUlllllllllllllllllllllllll1llllllllllllllllllHHllllllllllll"lllllllHlllllllllllllllllllllllllRlll_ll_l_llll•lllllllllllllMlllll ..... lllllllllllllllllllllllUllllllllllllllllllllllllllHlllMll"' _,,., .. , ......... , .................................................................................. ..,Nhllll'llHlllllllHlll"""""'"""'"""""'""'""""""""""'.""'"""'""-·-1111111111111111111-11n1 .. m1111<11111n11111111tH1""'""'"'"'""U"""'"""'"'"'"'"''"" PETRA O. RIVERA Business Manager JUAN F. RIVERA Edi to,. G. L. CANLOBO Advertising Manager GOVERNORS, MAYORS, TREASURERS, AUDITORS, FISCALS, DIVISION SUPERIN. TENDENTS OF SCHOOLS. DISTRICT ENGINEERS, DISTRICT HEALTH OFFICER$, AND AGRICULTURAL SUPERVlf!/ORS-Contributing Staff -·-·--••111111111111•1111 ..... 1111_,m•••-•-•11•111-•-11•111111•11111111111111111111111•11111•111 •1111111111-•n-1-1111M11111•11111M111n-.1-11111•1111 .. 11·-11-m11-•-• -•r"""'~"'"'""'"""' '"'"'"'"'"""''"'"'""_,'mn1111n""'"-""'"''""""'""'"'""""''-"'""""'-'" •m11111111•m11•1111-11-nm•m1111111111111111111.,.1111111111111111111111111111"'1111111""'""''""""""SUCCESS He has achieved success who has lived well, laughed often and loved much; who has gained the respect of intelligent men, the trust of pure wQmen and the love of little children; who has filled his niche and accomplished his task, who has left the world better than he found it, whether by an improved poppy, a perfect poem, or a rescued soul; who has never lacked appreciation of earth's beauty or failed to express it; who has looked for the best in others and given them the best he· had·; whose life has been an inspiration, his memory a benediction. Bessie A. Stanley. THE LOCAL GOVERNMENT REVIEW is published monthly by Mrs. Petra 0. Rivera with Atty. Juan F. Rivera, Ch!ef of the Provincial Division of the Department of the Interior, as the Editor. Entered as second class mail matter at the Manila Post Office on January 24, 1949. SUBSCRIPTION RATES PER ANNUM-Regula·r P12; Special-PIO for the national and local governments, schools and libraries. and for government employees and students; Foreign countries-double domestic rates, BUSINESS OFFICE:-Corner 50 Laon-Laan and 83 Demetrio Tuazon Avenue, Sta. Mesa Heights, Quezon City. PRINTED BY BUST AMANTE PRESS, 22 Espana Extension, Quezon City SEPTEMBER, 1949 Page 446 r,age 446 THE PSALM OF LIFE Henry Longfellow TELL me not, in mournful numbers, Life is but an empty dream! For the soul is dead that slumbers, And things are not what they seem. Life is real! Life is earnest! ! And the grave is not its goal;· Dust thou art, to dust returnest, Was not spoken of the soul. Not enjoyment, and not sorrow, ·Is our destined end or way; But to act, that each to-morrow Finds us further than to·day. Art is long, and Time is fleeting, And our hearts, though stout and brave, Still, like muffled drums, are beating Funeral marches to the grave. In the world's broad field of battle, In the bivouac of life, Be not like dumb, driven cattle! Be a hero in the strife! Trust no Future, how'er pleasant! Let the dead Past bury its dead; Act - act in the living Present! Heart within and God o'erhead. Lives of great men all remind us We make our lives sublime, And, departing, leave behind us Footprints on the sands of time. Footprints, that perhaps an~ther, Sailing o'er life's solemn main, A forlorn and shipwrecked brother, Seeing, shall take heart again. Let us, then be up and doing, With a heart for any fate; Still achieving, still pursuing, Learn to labor and to wait. THE LOCAL GOVERNMENT REVIEW The publieation of the THE LOCAL GOVERNMENT REVIEW will rsduce, as has been demonstrated in its first seven numbers, the red tape that is being experienced by nearly ei>erybo.dy concerned in the operation and administration of the provinqial, city and municipal governments. On one hand, it make,9 available to the local officiais and employees decisions, rulings and opinions which are importa.nt aids in solving problems that need not be iorwa0 rded to the National authorities for advice. On the other hand, the magazine publishes activities of the local governments and their officials, thereby bringin,g them to the attention of the authorities concerned for consideration and a.ppropriate action. Besides, this magazine has shown by its editorials an ai•owed purpose to fight for tlie improt•ement of the local governments and of thefr local official-s and employees. This has been reflected in its editorial concerning higher compensation for provincial officials, due •to which the introduction of a bill on the matitc1· ha.9 been facilita.ted. It has also an editorial advocating more gubernatorial powers. I ho.pe that the authorities concerned would heed >that editorial in due time, so that we, provincial goi•ernors, may be vested il'ith the necessary powers to serve better our respective constituents. I urge, therefore, all my colleagues •to give the "The Local Government Review" all the support that such a publication should need from us so that it may continue un.intermptedly to pursue its noble purposes ivhich in the final course of things, are those of our political wa1·ds. September 14, 1949. SEPTEMBER, 1949 PER.FECTO F'A YPON Provincial Goi•ernor of llocos Sur Page 447 PROVINCIAL AFFAIRS SUBJECT TO APPROVAL OR AUTHORIZATION BY NATIONAL AUTHORITIES Compiled by J.F.R. 1. Execution of deeds and contracts conveying title of reaJ. propertysubject to approval of the President of the Philippines. (Sec. 2068, Adm. Code.) 2. ifermission for ·official to absent himself from province-1.0 be secured from Department Head. (Sec. 2073, .Adm. Code; see Ex;. Ord. 75, s. ·1945.) 3. Vacancy in elective provincial of· fice-temporary vacancy to be filled by appointment by the Presiden't; vacancy as a result of the death, resignaUon, removal or cessation of the incumbent, by appointment by the President of a suitable person belonging to the political par:y of the officer to be replaced upon the recommendation of said party; due to failure of election or :failure to elect, by special elections; di.:.z to death of officer-elect before assump:'.ion of office, by special election or by appointment by President; due to failure to elect in spec'ial election, by appointment by the Presiden•t. (Sec. 21, Election Code.) 4. Compensation for person appointed to temporary service-President of the Plhilippines or officer having power to fill position may, in his discre1ion, order payment of compensation, or additional compensation, to any Government officer or employee designated or appointed temporarily to fill the place. (Sec. 2077, Adm. Code.) 5. Suspension and removal of provincial officer by the President of the Philippines for disloyalty, dishonesty, oppression, or misconduct in office. (Sec. 2078, Adm. Code.) 6. Upon subsequent reinstatement of the suspended person or upon his exoneration, if death should render reins.tatement impossible, Page 448 any salary withheld may be paid in whole or in part upon order of the Department Head approved by the President of the. Philippines. (Sec. 2'079, Adm. Code.) 7. Subject to regula:Jon by the Secretary of Finance, the provincial board shall fix the number of assistants. deputies, clerks, and other employees for the various branches of the provincial governmen't and the rates of salary wage they shall receive. (Sec. 2081, Adm. Code; see C. A. 78 and Ex. Ord. 167, s. 1938.) 8. Approval of appointments by De-· nartment Head. <Ex. Ord. 63, s. 1917 and Sec. 255, Adm. Code.) 9. The provincial board, with the previoc:s approval of the Depar~ mrnt Head, may in its discretion provide quarters for the provincial governor, or allow the value thereof, in addition to his salary. (Sec. 2086, .Adm. Code, last paragraph.) 10. Assistant provincial treasurer to be appointed by provincial treasurer subject to approval of Secretary of Finance. (Sec. 2088 (A), Adm. Code.) 11 . Compensation of Assistant 1 F·rovincial Treasurer to be fixed by provincial board with the approval of Sec. of Finance. (Sec. 2088 (A), Adm. Code.) 12. Provincial Treasurer shall act, with the approval of the Department Head as agent of the Philippine National Bank, subject to such conditions as the board of directors of the Philippine Na;tional Bank may confer and impose upon him. (Sec. 2089 (h), Adm. Cod~.) 13. Bv unanimous resolution of the provincial board. approved by the Department Head, either elective member may be required, for the THE LOCAL GOVER!i!MENT REVIEW 11. 15. 16. 17. 18. 1~. 20. 21. 22. time specified in such resolution, to perform the duties of any other provincial officer or to perform any ministerial duty required by the board. (Sec. 2096, 1_~dm. Code.) The provincial board shall keep in such form and manner as shall be prescrilbed by the Secretary of the Interior a complete, permanent, and carefully writ:ten record, arranged in proper chronolog_ical sequence, showing the proceedings at its various meetings. Sec. 2100, Adm. Code.) Copies of mfoutes and of executive orders to be s•:.ipplied to Secretary of the Interior under such regu· ia:Hons as he may- prescribe. (Sec. 2101, Adm. Code.) Decision of controversy as to suffidency of accommodations for courts to be rendered bv President of the Philippines. (Sec. 2103, Adm. Code.) Appropriation for purchase and maintenance of draft animals for breeding purposes. to be used under such regulations as :lhe provincial board shall prescribe and the Director of Animal Industry approve. (Sec. 2105 (b), Adm. Code.) Appropriation for purposes r.ot specified by law but for general welfare cf province and inhabitants subject to approval of Derartment Head. (Sec. 2106 (a). Aclm. Code.) Fixir.g of rn'.ary of lieu!enant· gonrnor of any sub-proYince is subject to approval of Dept. Head. !Sec'. 2106 (b), Adm. Coclo.) Loans to municipalities or municipal districts subject to approval of Dent. Head. (Sec. 2106 ( c). ifl.) Investment of fixed deposi'.s in possession of the Philippir:e National Eank to rural banks or rural credit asrnciations to be app1·0\•ecl by Department Head. (Sec. 2106 I cl). i.~ elm,. Code. ) Fixing of salaries, in excess of authorized rates, of municipal ofSEPTEi.\IEER, l~W 23. 24. 25. 26. 27. 23. ficers of capitals of provinces. (Sec. 2106(e), fdm. Code). Exercise of the power of eminent domain subject to approval of Dept. Head for : the construction or extension of roads, streets, sidewalks, bridges, ferries, levees, wharves. or piers; the cons:truction of public buildings, including schoolhouses, and the making of the necessary improvements in connection therewith; the estaba.ishment of parks, playgrounds, plazas, market places, artesian wells, or systems for the supply of water and the es.tablishment of cemeteries, crematories, drainage systems, cesspools or sewage systems. (Sec. 2'106 (f), Adm. Code.) Construction and maintenance, for private use, of railways, conduits. and telephone lines across public thoroughfares, streets, roads, and other public property in the province to ·be approved by the Department Head upon favorable recom· mendation by the Secretary of Public '"forks and Communications. (Sec. 2106 (g), Adm. Code.) Convocation of mayors for more than fo11Jr in any one year is subject to approval of Dept. Head. (Sec. 2108, Adm. Code.) Deposit of surplus funds in any bank duly designated as a Government dep0<sitory other than the Philippine National· Bank is subject to approval by the Dept. Head. (Sec. 2110, Adm. Code.) Disestablishment of exhibition fund is subject to ai:;proval of the Secretary of the frterior. (3:c. 2112, Adrq. Code.) Appropriation from the road ard bridge fund for wh'.lrve~. piers, nnd docks is rnbject to app;·oval of Department Head. (Sec. 2113 (b), Adm., Code.) Appropriation from the road and bridge fund for acquiring, subsidi~ing, operating. arcd maintaining means of water transportation within the province or between (Continued on page 473) Page 449 HISTORY OF !LOCOS SUR. Ilocos Sur was once a part of 1he old province of Ilocos, which included all of the Ilocos provinces (now) and part of the mountain country, but due to the rapid increase in population, it was deemed necessary to divide this region into two provinces; namely, Ilocos Norte and Ilocos Sur. The division was made in 1818 and the ca.pita! of the new provinee was Vigan. Vigan is named after a plant growing abundantly around the region of the .town. It is said that when the Spaniards asked the name of the Ilocarto settlement, the natives· answered "Biga,"the name of the plant grow grew in. the place. Captain Juan de Salcedo in his conquest of the Iloc'os Region founded the Spanish city of Fernandina in the heart of the ancient and · prosperous Ilocano settlement of Vigan. ·However, the name of Fernandina was later :discarded and the town finally became known as· "Vigan." · Ilocos' Sur embraces within its limits sorne of the oldest towns 'in ·.the Philippines. Besides ancient Vigan, several towns already existed in this region before the close of the sixteenth century namely Sanqt., Bantay, Narvaran, Candon and Sirtait. In the revolutionary history of the province, only two uprisings .stand out prominently. These uprisings were the Malong rebellion of 1660 and the Silang rebellion of 1763. Diego Silang who led the rebeUion in 1763 dominated the greater part of Ilocos Sul!'. He fought ,pitched ·battles with the Spanish forces at Vigan and Cabugao and practically succeeded in establishing a government of his· own in Ilocos Sur. llocos Sur, a typhoon-swept region, is the narrowest of all the Ilocano provinces. It is located between Ilocos Norte and La Union. It has a reefy coast so that there are only a few places t.hat offer safe shelter for vessels. •&ndan is the principal· port. Page 450 The harbor of Salomague to the north is a sheltered port but it is only sought for during typhoons. Another port is the little but sheltered port of San Esteban. It is a lumber port and before the outbreak of the war it was an unloading point for the sugar produce of the Candon Sugar Central. The mountains of Ilocos Su·i' are almost bare of timber so that the rainfall is scanty and the land is sandy. Rice is produced. The yearly harvest, however, is not enough to meet the needs of the province so that the much needed cereal has to be imported from Pangasinan and Cagayan. The land is adapted to the growth of maguey, a fiber which two decades ago was the principal source of wealth and export. Coconuts are grown in large individual: patches in Candon and in the towns around Candon. Because the soil· cannot· support the people, a great number of its inhabitants turn to other industries. Those along the coast extract salt from the sea water and expor.t it in great quantities to the inland provinces, notably Mt. Province. In San Esteban, there is a quarry of stone from which mortars and grindstones are made. San Vicente. San Ildefonso and Vigan specialize in woodworking; the first in carved wooden boxes and images and the other.s in household fu:rniture. Most of the wood used in these handicrafts are imported from Abra and Cagayan. Bantay is the home of silversmiths. In the other towns saddles, harness, slippers, mats, pottery ancl hats are made and exported 1o some extent. Santa makes bolos which are exported to Pangasinan. Candon on the coa.s.t exports great quanWies .Jf coconuts to Ilocos Norte. Simi and hemp fiber 'extraction ::ind v;eaving of cotton clo·th are common h'm•ehold industries throughout the pro\'ince. Most of the people are Ilocanos but there are also some Tinguianes, Igo1·ots, and Negritos living on the slopes ('Continued on page 490) THE LOCAL GOVER:'.'<)IEN"T REVIEW EXECUTIVE DETERMINATION NATIONAL ALLOTMENTS FOR SPECIFIC PROJECTS NEED NOT BE TAKEN UP IN RROVINCIAL BUDGET.-Your supplemenfal budget No. 25, road and bridge fund. is not necessary as the national allotments therein taken up are for specific projects and they do not need· budgetary action on your part in accordance with the provisions ·of Section 310 of the Manu'l! of Instructions of Treasurers. letter dated July 6, 1947, of Undei·secretary of Finance to Provincicil Boai·d of Lanao. DESIGNATION OF PROVINCIAL BOARD MEMBER TO PERFORM MI· NISTERIAL DUTY-REQUISITES. - With reference to your Resolution No. 973, current series, authorizing· members Ramon Soler and Ramon lngente of that body to make a trip to Mani!~: beginfil'ing September 6, 1946, for the purptlse therein stated, attention is· invited to Section 2096 of the Revised Administrative Code, which provides that "either elective Member may be required, for the time specified in such resolution, to perform the d·:.ities of any provincia.I officer or to perform any ministerial duty required by the Board." This provision of the law has been construed to mean that only one member may be so designated at a time and for a specified period. Our records show that Member lngente made a trip to Manila covering the pe· i·iod from September 6 to 10, 1946. iAs evidently said trip was made pursuant to the ·above-mentioned resolution, the same resolution is hereby approved under Section 2096 of the Administrative Code insofar as Mr. lngente is concerned. Hereafter. in making similar deeignation, the inclusive period of such designation should be given in the re· solution as required by the law mentioned herein.-Letter dated Sept. 24, 1946 of Sec. of the Int. to the Provincial Board of Quezon. RURAL POLICEMEN, STATUS OF.-The municipal police force conSEPTEMBER, 1949 templated in the Revised Administrative Code refers only to members, re• gnlar or special, who have beeen duly appointed pursuant to Sec. 2259 of the Revised Administrative Code and Executive Order No. 175, s. 1938. Rural policemen are those who assist. in the maintenance of peace and order in. their respective localities. More . or, leRs, they fall in the category of temrorary policemen who are generally appointed with the nominal salary of· f'l.00 per annum, although they may receive aid in the form of cash; riCe· and other foodstuffs voh:1ntari.l;V donated by civic-spirited inhabitants of the. municipality when authority .. to st· licit ·ontr;bution Las been previously · se<;ured from proper authorities '(Par. 2 &r, ·firov. Cir. (Unnumbered)'· dated· 31 l\~a::ch 1947). Their designation aa such rural policemen carries with it· no police authority of any. kttitt-:+""D.n, the query whether rural police; falls. within the purview of the murticipaf police as defined in the Revised Admi~' nistrative Code, the answer ,is in the negative.-Opinion of Staff Judge Advocate of the Philippine Constabulary quoted in 3rd Ind., Oct. 23, 1948 of the Chief of Constabulary to the Sec. o.f the Interior. MINIMUM STANDARD AREAS FOR INTOW1 N PARK, PLAZA AND SCHOOL SITES. We are.recommending a minimum standard· of two hec~ares per thousand population to be set aside for in town park and plaza pur·' poses. exclusive of playgrounds and playfie!ds. An elementary school site for a neigborhood unit having a population of 5,000 should be centrally located. It should contain an area of at least one and one-half hectares (1.5 Ha.) and should be so located that chi-1dren would not have to pass through roads traversed by heavy traffic.From 6th Incl., Nov. 15, 1946, of Adviter to the President on Planning to the Sec. of the Int. PETIT CARNIVAL AND BEAUTY CONTESTS, HOLDING OF BY MUNPage 451 ICIPALITY CANNOT BE AUTHORIZED.-Respectfully retuirned to the Provincial Board, Dipolog, Zamboanga, inviting attention to •the attached cop· y of the Znd Indorsement, dated November 11, 1946, of .the Auditor General, regarding the holding of carnival ; to Executive Order No. 20, series of 1907, prohibiting public officials and emplo_yees from taokin~ part directly or indirectly in the solicitation of voluntary contributions, and to Adminio0 '.rative Order No. 11, dated June 4, 1936, prohibiting public offcia· !s and employees from taking part directly or indirectly .in beauty, popqlarity and other contests. In view thereof, favorable con· Eideration of the proposed holding by tho municipality of Pagadian of petit c:irnival and beauty l:onte~ts and the &olicitation by municipal officials and employees of voluntary contributions for that purpose cannot be given by this Department.-lst Ind., March 12, 1947, of Sec. of the Int. AUTOMOEILE . A L,L 0 WAN CE, WHEN MA.Y BE G~ANTED.-It appears from the attached Resolution No. 144, cnrrent series of that body that the automobile being utilized by the G?rovincial Governor in his official travels is government-owned. For this l'cason. allowance therefor is not neCi:!ssary, inasmuch as under the provisions of Executive Order No. 172 series of 1938, as amended by Executive Order No. 51, current series, said vehicle should be operated under the provinci~I garage, and the salary of the driver from the garage fund. In other words, .transportation allowance may be granted only at the rates provided in said Executive Order, if the official concerned owns an automobile. In this case, the official concerned has to employ a driver and pay the Ilocos Sur's District Mayors Page .C52 THE LOCAL GOVERN~1ENT REVIEW sa!ary .thereof as well as the gasoline consumed and the maintenance of the car out of the allowance granted him. -3rd Ind., May 2, 1947, of Sec. of the Int. to the Pro11incial Board of Bulacan. DONATION OF' GOVERNMENT :FUNDS IN RECOGNITION OF SERVTCE TO PROVINCE NOT AUTHORIZED BY LAW.-Respectfully returned t.., the Provincial Board, Naga, Camarines St·1r, regretting that favorable action cannot be taken ·by this Department on the proposition made in its attached Resolution No. 653, current se1·ies, to donate the amount of 1'500 to Mr. Roque Albn, principal of the Camarines Sur High School, in "recognition of his work and service" to the pro,·ince, there ·being "no la\,. sanctioninq" the proposed donation.-lst Ind., No. 21, 1946, Sec. of the Int. PAYM.~ STER :.~ND INSPECTORC H E C KE R , EMlf!LOYMENT OF CHARGEABLE AGAINST THE ENGINEERING 1FUND.-This Department can not view with favor the perm~ment appointment by a Provincial Treasur~r of a paymaster or by a Provincial Auditor of an inspector-checker, whose salaries will be chargeable against the engineering fund. The legality of such appointments is open to serious doubts. But the principal reason for this view is that the engineering fund is a specia.I fund, which may be spen1t exclusively for the particular purpose or purposes for which it has been created. The expenditure of that fund for .the payment of salaries of em· ployees or laborers appointed by officials other than the District Engineer is not among those purposes. However, it is a matter of common knowledge tha.t in not a few cases the general fund of a province is not sufficient for the purposes for which it has been created while ordinarily the engineering fund is more than enough to meet the expenses of the Di~:trict Engineer's Office. Consequently, there are times when. for laclc of necessary personnel, the Office of the Provincial Treasurer is unable to pay on time the wages of laborers of the District EnSEPTEMBER, 1949 gineer and the office of the Provincial Auditor is delayed. in the checking and in~pection of materia.ls and supplies for public works and in the latter the exe-' cution of public works projects suffers' delays that are damaging to the public' interest. It would, therefore, seem obvious that, in the interest of the public welfare, District Engineers may agree, under proper limitations and conditions, to the expenditure of the engin· eering fund for the payment of salaries and/or wages of employees or laborers appointed by the 1 PJrovincial Treasurer or Provincial !Auditor and whose duties are discharged in. connection with the activities of the of· fire of the District Engineer. If the District Engineer of a particular prov~ ince co:: siders that the engineei-ing: fund thereof is more than sufficient to meet the expenditures o{ J1is office and its general fund is not suffici~J)t to serve the purposes for which it ha~. been created, this Departme.nt wql',not object to his agreeing to the expeiJ..d.i.~ · ture of the engineering fund for,. t'he payment of the salaries of a p,ayllla.!\ter aµpointed by the Provincial 'rrea;!!1.1r(lr and inspector-checker appoiirited by t~~ Provincial Auditor. However, for ob· vious reasons, such arrangement ca~·. be of a .temporary nature only. It ~hould l:e made only when ~he engineerin\! fund is more than sufficient to meet the expenditures of the Office of 1he District Engineer and the general fund is insufficient for the purposes for which it has been created, and the appointments of the paymaster and· ~he inspector-checker should be effective only as long as these conditions exist and their duties are principa\.ly per~ formed in connection with the ac'tivi· ties of the .office of the District Engineer. In view of what has been stated. where the arrangement above described· is agreeable to the District Engineer' of a particufar province, he should see to it that the appoin:tments issued by the Provincial Treasurer and the 'flrovinrial Auditor expressly state that they Page 45~ shall be effective only as long as he, the District Engineer, does not certify that the interests of his office demand that the effectivity of those appointments ceases.-22nd Ind., April 21, 1947 of Sec. of Pubilic Works and Communica.tions to .the Director of Public Works. P 0 L I C Y ON NAMING OF SCHOOLS.-Respectfully returned to the Honorable, the. Secretary of Instruction, Manila. This Office has consister.tly adhered to the policy of nam· ing the school after the barrio, town, or city in which it is located, as it is believed that this is the most practical way of identifying and locating a school. It is, therefore, regretted that this Office cannot indorse favorably the changes in the names of the schools referred to in the attached Resolution No. 10 of the Municipal Council of Santo Tomas, La Union. This, however, should not be construed as a lack of appreciation and reverence for the Filipino heroes in whose honor the f'ehools listed are to be re·named.-4th lnd., June 5, 1947, of l)irectoi· of Education. DISTRl\BUTION OF F 0 R E ST CHARGES, DOCUMEN11ARY STAMP TAXES, RESIDENCE TAXES AND JUSTICE OF THE PEACE FEES.F'orest charges and documentary stamp taxes are among those included in the general allotment of internal revenue taxes under Seetion 363 of the National Internal Revenue Code, as amended by Section 8 of Commonwealth Act No~ 586. Under said Section of the Code, as· amended, municipalities do not receive any share in said collections. Residence taxes are allotted under Section 8 of Commonwealth Act No. 'Hi5, as amended by Section 8 of Commonwealth Act No. 586, by virtue of which municipalities receive as share under their general fund, 255{ of the total collections of residence taxes, in proportion to the population of each municipality as shown by the Official Census of 1939. Justice of the peace fees accrue to the National Government with certain exceptions. The collection and disposiPage 454 tion of these fees are provided in Section 8 of Act No. 2041 and Sections 225, 226, 2751 and 2752 of the Revised iAd• ministrative Code (Act 2711). Unless, .therefore, the above stated provisions of laws are amended. this Office sees no way whereby the present distribution of said taxes and fees may be changed. 3rd Ind., April 21, 1947, o.f Collector of lnternEil Revenue to the Sec. of Finance. SALARY PERCENTAGE ALLOWABLE, NATIONAL 1 AIDS TO REPLACE LOCAL RE.VENUE CONSI· DERED· IN DETERMINATION O!F. - National aids granted to the local governments to help them meet their ordinary expenses for essential services are to be considered for the purnoses of Section 2299 of the Administrative Code for the reason that such aids are given to replace the loss in revenue suffered by the local governments as a result of the war.-2nd., Dec. 5, 1946, of the Undersecretary of Finance, DIF 210, Neg. Occ., Hi.tniga. Htn. HOLDING OF SPECIAL SESSIONS BY •PIROVINCIAL 1BOARDS~\\~HEN MAY BE AUTHORIZED - ... this Department is not inclined, as a mat· ter of general policy, to grant such authority (to hold six special sessions a month) considering that important matters can conveniently be delibe· rated upon during the scheduled four regular sessions and the· two special sessions already authorized a month. In strictly emergency cases, however, the Provincial Board may be au· thorized to hold .special sessions, in adclition to the two special sessions just mentioned, provided authority therefor is first secured from this Office, v.ccompanied with a statement to the effect that the matters to be taken up in each of the proposed special sessions require such action which, if deferred till the next session (either regular or special session already authorized), would adversely affect the public ser· vice.-Froni lettei· dated July 18, 1949, of Undersecretary of the Interior to the Provincial Board of Lagwna. THE LOCAL GOVERNMENT REVIEW ::)ALARY INCREASES - CONDITIONS FOR GRANTING; TRJANSF'ER OF .FUND TO PUERICULTURE CENTER.-The salary increases .proposed therein are hereby approved subJect to the conditions that all mandatory obligations of the municipality are duly provided for and that the legal percentage expendable for salaries and wages is not e:x.ceeded. Under the o:ame conditions the transfer of P300 to the Puericulture Center is also approved provided that the Center is un· der the supervision of the Bureau of Health.-Froin "letter dated June 16, 1949, of Undersecretary of Finance to Mun. Council of Catbalogan, Samar. FISHING, CLOSE-SEASON ORDER -ON-PURPOSE.-... your petition to exclude the coastal waters of your mun_ icipality from the provisions of the Fish and Game Administrative Order No. 13-1, as amended, cannot be favor.ably considered because of the following reasons : 1. The close-season order was promulgated for the sole 'purpose of protecting the herr~ngs and sardines (tabogac, -tuloy, balantiong and haulhaul) during their spawning season and their offspring at the state when they are still very small. The adult or sexually matured fish are thereby given a chance to reproduce freely. The extent of the period includes the time at which stage the offspring will have grown to such a size when the fish are big enough and capable of wider dispersion in the fishing ground. 2. By the promulgation of the abovementicined order, this Office has made Qne more step toward the conservation -0f one of our principal commercial fisheries, which is one of the main functions of the Division of Fishfries ss guardian of the Philippine fishery resources. This Office wiil fall short of the people's expectation if the interests of a few are to be considered paramount to the interests of the majority (fishermen as well as laborers of all sorts, transportation men and the consumers) who will, no doubt, be tenefited by the measure. SEPTEMBER, 1949 3. F'urthermore, the close-season order does not entirely prohibit fishing. In other words the fishermen can go on with their usual occupation provided that they do not catch the species being protected by the Order In view of the above considerations, this Office regrets to state that your petition will have to be, as hereby it is, denied. - Letter dated March 12, 1947 of the Sec. of Agr. & Com. to i"llun. Council of Estancia. lloilo. GASOLINE ALLOWANCE - MUNICIPAL MIA YOR NOT ENTITLED.The apptopriation of Pl50 for gasoline allowance of the municipal mayor provided for in supplemental budget No. 2, general fund, cannot be approved, in view of the fact that municipal mayors are not authorized to collect this nature of expenses.-From letter dated May 24, 1949, of Undersecretary of Fina.nee to Municipal Council of Caoayan, /.Sur . DONATION OF PROVINCIAL PROPERTY TO WIEATHER 113UREAU.-Respectfully returned to the Provincial .Board, Basco, Batanes, with the information that under the provisions of Section 570 of the ·Revised Administrative Code that body is empowered to authorize the !Provincial Governor to convey by way of donation, for weather station site purposes, the .Jot mentioned in its attached current Resolution No. 128,. without the necessity of securing approval of this Department-1st Ind., April 23, 1949, Undersecretary of the Interior. PROVINCIAL EXPOSITION AND FAIR, MUNICIPALITY'S PA.RTICIP,ATION IS APPROVED; CONDlTION.- The appropriations of PlOO and P370 set aside in supplemental bud_ irets Nos. 1 and 2, general fund-, to defray the expenses in connection with the municipality's participation in the Ilocos Sur Provincial Exposition and Fair are hereby approved, provided that all the essential services of the municipality during the current fiscal year are fully provided for. - From letter dated May 24, 1949, of Undersecretary of Finance to Municipal CounPage 455 RULINGS OF THE GENERAL AUDITING OFFICE APPOINTIVE MAYOR NOT ENTI· 'TLED TO HIS PENSION UNDER ACT 3173 IF HE ELECTS TO RE· CEIVE HIS SALARY AS MAYOR. -Respectfully returned to the Honor.able, the Secretary of '!he Interior, Manila, with the information that, hasmuch as Mayor Mariano Mendoza of Katipunan, Zamboanga, v:m;. not -elected but appointed to his present position, this Office believes that, un· der the provisions of Section 7·1- ( 9) of Commonwealth Act No. 246, as pensioner under Act No. 3173, he has the option to receive either the compensation of the position he is now holding or hi>s pension, but he is not entitled to receive "both ......... 2nd Ind., 1tng. 16, 1946, Aud. Gen. ID.; RIGHT TO PENSION NOT LOST; W1.1IVER ENDS UPON EX· PIRATION OF TERM OR TENURE. -Respectfu.lly returned, thru the Prodr.cial Auditor, to the 1 F:rovincial ·GoYernor, Dipolog, Zamboanga, with foe information that under Section 7 · I (9-) of Commonwealthe Act No. 246, 1\layor Mariano Mendoza of Katipunan, th~.t provinee may at his option -either continue to receive his monthly per:sion of P2'8.00 or draw the salary of Mayor at P66.66 per month, but not \10th. If he decides to continue re· ceiving his pension, he cannot be paid the difference of P38.66 because the same is not provided for in the law above-mentioned. However, if he elects to receive the salary attached to the position of Mayor instead of his pen· ·i;ion, this Office believes that he will not lose his. right to the said pension which may again be continued when he will cease to be Mayor inasmuch as the waiver thereto is only for the duration or during the period of his in· <>umbency.-6th Ind., Dec. 9, 1946, of Awl. Gen. · SUBSISTENCE ALLOWANCE TO MUNICIPAL EMPLOYEES FOR OVERTIME SER.VICE NOT 1AL· LOWED.-In view of the absence of a law authorizing the payment of snbsistence allowance to municipal em· SEPTEMBER, 1949 ployees on· account of overtime service, it is regretted that the herein appropriation of P308.00 by the Municipal Council of San Juan, Rizal, for such purpose cannot be allowed in au· dit..-4.th Ind., Feb. 10, 1947, of Dep. Aud. Gen. to Unde1·secretary of the Intm·ior. QUARTERS F'OR CHIE:F O:F FIRE DEPARTMENT.-Inasmuch as the nature of the duties of the Chief of the Fire Department of Davao City requires his presence at the station 24 hoi:rs ot the day, he and his family may be provided with quarters as granted: in Resolution No. 678, series vf 1947, of the City Council of Davao. --2nd Ind., Nov. 12, 1948, of Aud. Gen. to Underseci·etary of the lnte·;-ior. CITY COUNCILORS WHO ARE MEMBERS OF THE BOARD OF TAX APPEALS NOT ENTITLED TO 'FiER DIE MS FOR .ATTENDANCE .AT LATTER.-Respectfully returned to the Acting City Auditor, Davao, Davao, with the information that in view of the stringent provisions of section 259 of the Revised Administrative Code and section 3, Article XI of the 1 Philippine Constitution, .proh;biting the payment of additional compensation, and in the absence of E<pecial provision in Commonwealth ·Act No. 51 (Charter of ·city of Davao) authorizing the payment of compensation to members of the Board of Tax Appeals, this Office believes that councilors of that city while attending Ressions of said \Board are not entitled to per diems.-lst Ind., March 3, 1939, of Aud. Gen. PRINCIPAL CLERK 'WHEN ACTING AS MUNICIPAL TREASURER MAY SIG.N HIS OWN PROMO· TIONAL APPOINTMENT AS PRINCJFIAL CLERK.-On account of irre.,.ularities committed by the Municipal Treasurer of San Jacinto, Masbate, the Provincial Treasurer designated the principal clerk of the former, Mr. Rafael L. Carranza, as acting municipal treasurer without additional compenPage 457 sation. He was rece1vmg a monthly salary of P28 as such principal clertk. With the promulgation of Executive Order No. 50, series of 1936, fixing P30.00 as the minimum monthly salary to be paid to employees of the Na· tional Government unless otherwise specifically provided by law, effective St>ptember 1, 1936, the Municipal Council of San Jacinto increased the salary of the principal clerk to P35.00 a month by its Resolution No. 67, series of 1936. Pursuant to said resolution and upon the prior approval of the Provincial Treasurer, the said Mr. Carranza, as .P.cting Municipal Treasurer, extended to himself, as principal clerk, the promotional appoint· ment necessary to carry into effect the salary increase granted him by the council, as under the first paragraph of section 2207 of the Revised Administrative Code, "the municipal treasurer sh::ill appoint the clerks and other employees necessary to aid him in the discharge of his dll'ties, the number and salaries thereof being determined by the municipal council as in the case o.f other employees." · The question submitted is whether or not the actuation of Mr. Carranza ir. this case was ·proper. Admittedly, "it is contrary to pub1;c policy to permit an officer, having the power to appoint to an office, to exercise that power in his own interest by appointing himself." (Me· chem, Law of Public Offices and Officers, Sec. 112, ·P'· 46). In this case, however, Mr. Carranza did not in fact appoint himself. The municipal council, in. which is vested the power to determine the salaries of municipal employees, voted an increase in his salary as principal clerk of the mundcipal treasurer. Unfortunately, he happened to be discharging the functions of municipal treasurer in the ab· sence of the regular incumbent who was then under suspension and acco,.ri;.,~ to law. he was th~ one required to sign the appointment in his fa"nr. He signPd that appointment (".nlv Upon the prior approval of the lj"lrn•·l~nl:;il Treasm·Pr and in doing so Page 458 PUTTING FAITH IN A FORT RAJAH MAMAGTAL lDefiance to the · Camucones, Buglasan, Negros, in 1372; from Pavon MS.) Lugib·sang-Kabilagoan, our fort, fears not sea rovers from Malaca. Its walls are mighty rocks, its floors of coral. Tvro hundred defences does it present. Seven stout bulwarks surround it. !And if these all should be taken still there would remain fifteen secret passages for our escape. Here Datu Kamatel and I with our followers shall make our stand, in a fortress as inaccessible to you as Mount Marapara, the highest peak of yonder distant mou111tains. 11.YHY THE CEIBUANS BECAME CHRISTIANS Rajah Muda !FERNANDO (Address of welcome by the Crown Prince, to Magellan, Cebu, April 19, f521, as reported by P~ga fetta) In the name of my uncle King Tupas, I greet you and pledge peace to you. His Majesty has no sons, but I, as ihe husband of his eldest daughter, am the heir apparent, or Rajah Muda. Your leader tells of a God' Who made sky, earth, sea, and all else there is, and Who commands us to honor our paren~s. Such has not bee.n the custom of our country for when oull' fa· thers and our mothers grow old they receive no further honor from us but we, their children, command them. Your way, we realize, is the ·better, and we shall be glad t1:o learn of the religion which teaches it, if you will leave us teachers here. But first we must tell these things to our king, and obtain his permission. Of our own free will and accord we are becoming Christians, nO"t just to please you or at your command. We place ourselves in yo~·,r hands, and ask that you make use of us as your most faithful servants. he merely complied with a formality imposed by law. He did not take adTHE LOCAL GOVERNME~T .REVIEW OUR LOCAL OFFICIALS ANATOLIO YNCLINO City Treasurer of the· City of Cebu Persond Circumstances.-Born in Bo!· joon, Cebu, on July 9, 1900, and married to B. Colmenaries of VaIlehermooo of Negros Occidental with two children. Education.-Associate of Commercial Science, 1939-40 (Saluta:~orian), visayan Institute; Bachelor of Laws, 1947-48 (Salutatorian), University of the Visayas, Cebu City. Previous positions.-Municipal Treasurer of Aloguinsan, Alcoy, and Boljoon ; Traveling Deputy Provincial Treas~1rer of Cebu; Chief, Internal Revenue Division, Provincial Treasury of Cebu; Chief, Assessment and Land Tax Division, same office; and Cashier and Bookkeeper, P. N . B. 1~gency, Cebu. Member, Cebu •Planning Board. Hobby.-Poultry raising. Motto ........ Ee hardworking and honest. vantage of the power to appoint by exercising it in his own interest. (Continued on page 484) SEPTEMBER, 1949 PERFECTO P. LINGAN Municipal Treasurer of Solana, Cagayan Personal Circumstances. - Born on March 15, 1906 in Solana, Cagayan, :rnd married to Estefania Usita with whom he has nine children. Schools attended.-Solana Elementary School, 1915-1921; Cagayan High School, class of 1925; and took up teaching course in the Philippine Normal School in 1926 & 1928. Activities and positions held.-Platoon sergeant, Adduru Guerilla Unit and Member and Actual Wor~hi.pful Master of Gonzaga Lodge No. 66 of Free and Accepted Masons. Formerly regular teacher, Bureau of Educa:tion, 1925-'31 ; principal clerk, 1931-1937; and deputy provincial and municipal treasurer ·and postmaster from 1937 to-date. Hobbies.- Poultry and hog raising and hunting. Jlotto.-Strive to ma:ke dreams (ambitions) come true (realized or attained). (Continued on page 474) P age 459 Supreme Court Decision - RIGHT OF ASSEMBLY AND FREEDOM OF SPEECH Cipriano P. Primicias, as Gen, Campaign Manage·r of the Coalesced Minority Parties, petitioner, vs. Valeriano E. Fugoso, as Mayo1· of City of lllanila, respondent, G. R. N. L-1800, Jan. 27, 1948. FERIA, J. 1. CONSTITUTIONAL LAW; PUBLIC which is the power to prescribe regula1\JEETING; ASSEMBLAGE; MANDA- tions, to promote the health, n:orals, l\IUS.-Action for mandamus was insti- peace, education, good order or safety, Lted by the campaign manager of the and general welfare of the people. This Coalesced Miriority' Parties against the sovereign police power is exercised by the .llhyor of the City of Manila to compel government through its legislative branch the latter to issue a permit for the pur- by the enactment of laws regulatposc of petitioning the government for ing those and other ccnstituticnal and rndress of gri<!'Vances. The i·eason of the civil i}ghts, and it may be delegated to l\Iayor for refusing the permit is, "that political subdivisions, such as towns, muthere. is a reasonable ground to :believe, nicipalities and cities by authorizing their basing upon previous utterances and upon legislative bodies called municipal and the fact that passio,;s, specially on the city counci: s to enact ordinances for the :part of the losing groups, i·emains bitter purpose. and high, that similar speeches will be 3. ID.; PUBLIC MEETING; DISCRETION delivered tending to undermine the faith OF MAYOR IN ISSUING PERMIT TO and confidence of the people in their gov· HOLD PUBLIC MEETING; CONS· ernment, and in the duly constituted au· TRUCTION AND INTERPRETATION. thorities, which might threaten breaches -The provision of Sec. 1119, Revised of the peace and a disruption of public Ordinances, City of Manila does not conorcler." Held: As the request of the pe- fer upon the Mayor the power to refuse tit:on was for a permit ,:to hold a peaceful to grant the pe1·mit, but only the discrepublic meeting," and the1·e is no denial tion, in issuing the permit, to determine of that fact or any doU1bt that it was or specify the streets or pu.blic places to be a lawful assemblage, the reason where the parade or procession may pass. g: ven for the i·efusal of the permit can or the meeting may be held. This pronot be given any consideration. The pe- vision can not be construed as conferring tition for mandamus was granted. upon the Mayor power to grant er re2. ID.; FREEDOM OF SPEECH; ASSEMBLAGE; POLICE POWER; DELEGATION OF POLICE POWER.-The right to freedom of speech, and to peacefully as,emble .and petition the government for redress of grivances, are fundamental pe!'scnal i·ights of the people recognized and guaranteed lby the constitutions of demccl'atic countries. But it is a sPttled principle growing out of the nature of well ordered civil societies that the exercise of these rights is not absolute for it rr ay be so regulated that it shall not be icjurious, to the equal enjoyment of other having equal right~, nor injurious to the rights of the community or society. The power to regulate the exercise of such and other constitutional rights is terrr.ed the sovereign "police power" Page 460 fuse to grant the permit, which would be ta·1tamount to authorizing him to prohibit the use of the stre.ets and other public places for holding of meetings, parades or processions, because si~ch a construction would mal<e the ord'nance invalid and void or vioJative of the constitutional limitaticns. 4. ID; RIGHT OF ASSEMBLY; FREEDOM OF SPEECH AND PRESS; PA· RADE OR PROCESSION; CONSTRUCTION AND INTERPRETATION.-A statute requir;ng persons using the public streets fer a parade or procession to procure a special license therefor from the locol P.uthorities is not unconstitutional abl'idgment of the rights of assemb!y or of freedom of speech and press, where, as the statute is construed by the state co" rts, the licensing authorities are THE LOCAL GOVERNMENT REVIEW stricbly limited, in the issuance of licenses, to a consideration of the time, place, and manner of the parade 01· prosession, with a view to conserving the pcblic convenience and of affording an opportunity to provide proper policing, and are not invested with arbitrary discretion to issue or refuse license. 5. ID.; DELEGATION OF LEGISLATIVE POWER 'I'O THE EXECUTIVE.-The Municipal Board can not grant the Mayor a power which it does not have. The powers and duties o.f the Mayor as the Chief Executive of the City al'e xeecutive, and one _of them is "to comply with and enforce and give the necessary orders for the faithful performance" (Sec. 2434(b) of the Revised Administrative Code), the legislative police power of the municipal board to enact 01·dinances regulating reasonably the exercise of the fundamental personal right of the citizens in the streets and other public places, can not be delegated to the mayor or any other officer by conferring upon him unregulated d'scretion or without laying down rules to guide and control his action by which its impartial execution can be secured or partiality and op· pression prevented. 6. ID.; ORDINANCE; REQUISITES OF A VALID ORDINANCE.-Ordinances to be valid must be reasonable; they must not be oppressive; they must be fair and impartial; they must not be so framed as to allow their enforcement to rest in official discretion. 7. ID.; STREETS; PRIVILEGE OF CITIZEN TO USE PUBLIC STREETS MAY BE REGULATED.-The privilege of a citizen to use the streets may be regulated in the interest of all, it is not absolute, but relative, and must be exercised in subordination to the general comfort and convenience, and in consonance with peace and good order; but it must not, in the guise of regulation, be abridged or denied. 8. ID.; FREEDOM OF SPEECH AND ASSEMBLY.-The fact that speech is likely to result in some' violence or in destruction of property is not en-0ugh to justify its supprssion. There must be the probability of serious injury to the state. SEPTEMBER, 1949 Among freerr.en, the deterrents ordinari. ly t-0 be applied to prevent crime are education and punishment for violations of the law, not abrigment of the rights of free speech and assembly. Ramon Dwkno for the petitioner. rhe City Fiscal for the respondent. DECISION F'ERIA, J.: This is an action of mandamus institu·ted by the petitioner, Cipriano Primicias, a campaign manager of the Coalesced Minority /Flarties against Va· leriano F'ugoso, as Mayor of the City of Manil,a, to compel the latter to issue a permit for the holding of a public meeting at Plaza Miranda on Sunday afternoon, November 16, 1947, for the purpose of petitioning 1he government for redress of grievances on the grou111d that the respondent refused to grant such permit. Due to 1he urgen y o'f the case, this Court, after mature deliberation, issued a writ of mandamus, as prayed for in the :i:etifion on No·· vember 15, 1947, without prejudice to writing later an extended and reasoned decision. The right to freedom of speech, and to :peacefully a sEmble and pe:ition tpe goYernment for redress of grievances, arc fundamental pErsonal rights of 1he pecple rec_gnizEd and guaranteed by the constitutions of democrat~c countries. But it is a settled principle j!'rowing cut of the nature of well-orderEd civil societiEs that the exercise of these righ' s is not abrnlute '.or i•t maybe so regulated that it shall not be injurious to the equal enjoyment of others having equal rights, nor inju· rious to the rights of the community or 1::ociety. The po.wer to regulate the exercise of such and other constitutional rights is termed the sovereign "police power,". which is the power to prescribe regulations., to promote the health, morals, peace, education, good order or safety, and general welfare of the people. This sovereign police power is exercised by the government throu.gh its legislative branch by the enactment of laws regulating those and other constitutional and civil rights, ,Page 461 and it may be• delegated to political subdivisions, such as towns, municipalities and cities by authorizing their legislative bodies called municipal and city councils to enact ordinances for the purpose. The Philippine Legislature has delegated the exercise of the police power to the Municipal !Board of the City of l\laniJ.a, which according to Sec. 2439 of the Administrative Code is the legislative body .of the .City. Sec. 2444 of the same. Code grants the Municipal Board, among. others, the, following legislative powers, to wit: "(p) to provide for the .Prohibition and suppression of riots,_affra.ys, disturbances and disorderly assemblies," (u) to regulate the use of streets, avenues, . . . parks, cemeteries and othe:r; p\iblic places" and "for the ab.atement .of nuisance in the same," and " ( ee) to enact all ordinances it. may deem necessary _and proper for sanitation and safety, the furtheranee of prosperity and the promotion of morality, peace, good order, comf'ort, ·Convenience, and general welfare of the city and its inhabitants." Under the above delegated power, the MuniCipal Board of the City of Manila, enacted S~cs. 844 and 1119, Sec. 844 of the Revised Ordinances of 1927 prohibits as an offen·se -against public peace, and Sec. 1262 of the same Revised Ordinance penalizes as a mistlemeanor, "any act,-in any public place, meeting, or procession, tending to disturb the peace or excite a ricit; or collect .with other persons in a body or crowd for any unlaw.ful purpose; or disturb or disquiet any congregation engaged in- any lawful assembly.'' And Sec. 1119 provides.the following: ·"Sec. 119. Free for use of public. -The streets and public places of the city shall be kept free and clear for the use of the public, and the sidewalks and crossings for the pedestrians, and the same shall only be used or occupied for other purposes as provided ·by ordinance or regulation : Provided, That the holding of athletic games, sports, or exercises d_uring the celebration of -Page. 46~ national holidays in any streets 01· public places of. the city and on the patron saint day of any district in question, may be permitted by means of a permit issued by the Mayor, who shall determine the streets or public places, or .portions thereof, where such athletic games, sports, or exercises may be held: And provided, further, That the hoiding of any parade or procession in any streets or public places is prohibited unless a permit therefor is secured from the Mayor, who shall, on every such occasion, determine or specify the streets or public places for the formation, route, and dismissa.I of such parade or procession: And provided finally, That all applications to hold a parade or procession ·Shall be submitted to the Mayor not less than twenty-four hours prior to the holding of such parade or procession.'' As there is no express and' separate provision in the Revised Ordinances of the City regulating the holding of public meeting or assembly at any street or public places, the provision of said Sec. 1119 regarding the holding of any parade or procession in any street or public places may be applied by analogy to meeting and assembly in any street or public .places. Said provision is susceptible of two constructions: one is that .the Mayor of 1he City of Manila is ·vested with tmregulated discretion to -grant or refuse to grant permit for the holding of a lawful assem'b-ly or meeting, parade, or procession in the streets and other public places of the City of Manila; and the other is that the applicant. has the right to a permit whic'"n shall be granted by the Mayor, subject only to !the latter's reasonable discretion to determine or specify the streets or public places to be used for the purpose, with a view to preventing confusion by overlapping to secure convenient use of the streets and public places by others, and to provide adequate and proper policing to minimize the ri&k of disorder. iAfter a mature deliberation, we have arrived at the conclusion that we must THE LOCAL GOVER,NMENT REVIEW adopt the second construction, that is, construe the provisions of the said ordinance to mean that it does not confer upon the Mayor the power to refu.se to grant the permit, but only the discretion, in issuing the permit, to determine or specify the streets or public places where the parade or procession may pass or the meeting may be held. Our conclusion fi.nds support in the decision in the case of ·Willis Cox v. State of New Hampshire, 312 U.S. 569. In that case, the statute of New Hampshire P. L. chap. 145, Sec. 2', providing that "no parade·or procession upon any ground abutting thereon, shall oe permitted unless a special license therefor shall first be obtained from the selectmen of the town or from lieensing committee," was construed by the Supreme Court of New Hampshire as not conferrinrg upon the licensing board unfettered discretion to refuse to grant the license, and held valid. And the Supreme Court of the United· States, in its decision (1941) penned by Chief Justice Hughes affirming the judgment of the State Supreme Court, held that "a statute requiring persons using the pu1blic streets for a parade or procession to procure a special licen.s.e therefor from the local authorities is not an unconstitutional abridgment of the rights of assembly or of freedom of speech and press, where, as the statute is construed by the state courts, the licensing authorities are strictly limited, in the issuance of licenses, to a c'.lnsideration of the time, place, and :r..ianner of the parade or procession, with a view to conserving the .public convenience and of affording ·an opportunity to provide proper policing, and are not invested with arbitrary discretion to issue or refuse license, x x x." ·we cannot adopt the other alternative construetion or constru1e the ordinance under consideration as conferring upon the Mayor power to grant or refuse to grant the permit, which would be tantamount to authorizing him to prohibit the use of the streets and other public p.Jaces for holding of meetings,. parades or processions, beSEPTEMBER, 1949 cause such a construction would make the ordinance invalid and void or violative of the constitutional limitations. As the Municipal Board is empowered 011ly to regulate . the . use of streets, parks, and other pwblk places and the word '.'regulate," as used in Sec. 2444 of the Revised Administrative Code, means and includes the power. to control, to govern and to restrain, but can not be construed as synonymous with "suppress" or "prohibit" (Kwong .Sing v. City of Manila; 41 Phil. 103)., the Municipal Board can not grant the Mayor a power which it does not have. Besides, as the powers and duties of the Mayor as the Chief Exec:.itive of the City are executive, and one of them is "to comply with and enforce and give the necessary orders for the faithful performances and execution. of the laws and ordinances" (Sec. 2'434 ('h) of the Revised Administrative Code), the legislative police power cif the mu!licipal board to enact ordinances regulating reasonably the exercise of the fondamental personal right of the citizens in the streets and other public places, can not be delegated to the mayor or any other officer bv conferring upon him unregulated discretion or without laying down rules to guide and control his action by which its impartial execution can be secured• or partiality and oppresson prevented, In City of Chicago v. Trotter, 136 Ill. 430, it was held by the S1upreme Court of Illinois that, under Rev. St. 111. c. 24, art. 5, Sec. 1, whicb empowers city councils to regulate . the use of the public streets, the council. has no p0wer to ordain that no processions shall be allowed upon the streets until a permit shall be obtained· from the superintendent of police, leaving. the issuance of such permits to his discretion, since the powers conferred on the council cannot be dele'gated by them. The Supreme Court of Wisconsin in Wis. 585, 54 N. W. 1104, held the following: "The objections urged in the case of City of Baltimore v. Radecke, 49 Md. 217, were also, in substance, the Page 463 same, for the ordinance in that case upon its face committed to the unrestrained wiJ.1 of a single public officer the power to determine the rights of parties under it, when there was nothing in the ordinance to guide or control his action, and it was held void because 'it lays down no rules by which its impartial execution can be secured, or .partiality and oppression prevented,' and that 'when we remember that action or nonaction may proceed from enmity or prejudice, from partisan zeal or animosity, from favoritism and other improper influences and motives easy of concealment and diffietJlt to be detected and exposed, it becomes unnecesary to suggest or fo comment upon the injustice capable of being wrought umder cover of such a power, for that becomes apparent to every one who gives to the subject a moment,.s consideration. In fact, an ordinance which clothes a single individua·l with such power hardly falls within the domain of law, and we are constrained to pro"nounce it inoperative and void.' x x x In the exercise of the police power, the common council may, in i-ts discretion, regu· late the exercise of s:.ich rights in a reasonable manner, but can not suppress them, directly or indirectly, by attempting to commit the power of doing so to the mayor or any other officer. The discretion, to be exercised within the limits of the law, and not a discretion to transcend it or to confer upon any city officer an arbitrary au.thority, making him in its exercise a petty tyrant." In Re Frazee, 63 Mic'higan 399, 30 N. W. 72, a city ordinance providing that "no person or persons, associations or org~.nizat.ions shall march, parade, ride, or drive, in or upon or through the public streets of the City of Grand Rapids with musical instrument, banners, fl::?.gs, * * * without having first obtained the consent of the mayor or common council of said City;" was held by the Supreme Court of Michigan to be unreasonable and void. Said SuPage 464 nr€me Court in the course of its decision held: . "*** V\<'e must therefore construe this charter, and the powers it assumes to grant, so far as it is not plainly unconstitu1tional, as only conferring such power over the subjects referred to as will enable the city to keep order, and suppress mischief, in accordance with the limitations and conditions required by the rights of the people themselves, as secured ·by the principles oflaw, which cannot be less careful of private rights under a constitution than under the common law. "It is quite posrsi'ble that some things have a greater tendency to produce danger and disorder in the cities than in sma.Jler towns or in rural places. This may justify reason.able precat'rt:ionary measures, but nothing further, and no enterference can extend beyond the fair scope of powers granted for such a purpose, and no grant of absolute discretion to su•ppress lawful act.ion altoge~her can be granted at an. *** "It has been customary, from time immemorial, in all free countries, and in most civilized countries, for people who are assembled for common purposes to parade together, by day or reasonable hours at night, with banners and other paraphernalia, an.d with musfo of various kinds These processions for political, religious, and social demonstrations are resorted to for the express pu·rpose of keeping unity of feeling and enthusiasm, and frequently to produce some effect on the p:.iblic mind by the spectacle of union and numbers. They are a natural product and exponent of common aims, and valuable foctors in furthering them. *** When people assemble in riotous mobs, and move for purposes opposed to private or public security, they become unlawful, and their members and abettors become punishable. * * * "It is only when political, religious, social, or other demonstration$ THE LOCAL GOVERNMENT REVIEW create public disturbances, or operate as nuisance, or create or manifestly tlireaten some tangible public or priva:te mischief, that the Jaw iI!ll:erferes. "This ·by-law is unreasonable, be· eause it suppresses what is in general perfectly lawful, and because it leaves the power of permitting or restraining processions, and their courses, to an unregula'ted official dercretion, when the whole matter, 'if regulated at all, must be by permanent, legal provisions, operating generally and impartially." In Rich v. Napervill, 42 Ill App. 222, the question was raised as to the validity of the city .ordinance which made it unlawful for any person, society or club, or association of any ki,nd, to parade anlY of the streets, with flags, banners, or 1transparencies, drums, horns, or other musical instruments, without the 'permission of the city cooocil ·first had and obtained. The appellants were members of the Salvation Army, and were. prosecuted for a violation of the ordinance, and court in holding the ordinance invalid said. "Ordinances to be valid must ·be reasonable.; they must not be oppressive; they must be fair and impartial ; they must not be so framed as to allow their enforcement to rest in official discretion . . Ever since the landing of the Pilgrims from the Mayflower the right to assemble and worship according to the dictates of one's conscience, and the right to parade in a peaceable manner and for a lawful purpose; have 1:.-een fostered and regarded as among the fundamental rights of a free people. The spirit of our free institutions allows great latitude in puiblic parades and demonstrations whether religious or political . . . . If this ordinance is valid', then may the city council shut off the parades of those whose notions do not suit their views and tastes in politics or religion, and permit like parades of those whose notions do. When men in authority are permitted in their discretion to exercise power so arbitrary, liberty is subverted, and SEPTEMBER, 1949 the spirit of our free institution violated. . . . Where the granting of the ;permit is left to the unregulated discretion of a small body of city aldermen, the ordinance cannot be other than partial and dis<!riminating in its practical operation. The law abhors part.iality and discrimiootion. * • *" '19 L. R. A. ip. 861) In the case of Tru,iillo v. City of i\tYalsenburg, 108 Col. 427, 118 P. (2d) 1081, the Su;preme Court of Colorodo, in construing the provision of Sec. 1 of Ordinance No. 273 of the City of. W:alsenbt1rg, which provides: "That it shall be unlawful for any person or persons or associatfon to use the street of the City of Walsenburg, Colorado, for any parade, procession or assemblage without first obtaining a permit from the Chief of Polic'e of the City of 'Wlalsenburg so to do," held the following: "l. The ·power of municipalities, under our state law, to reguJate the use of public streets is conceded. 35 C.SjA.., chapter 163, section 10, subparagraph 7. The privilige of a citizen of the United States to use the streets. . . may be regulated in the interest of all, it is not absolute, but relative, and must be exercised in subordinatfon to the general comfort and convenience, and in consonance with peace and good order; but it must not, in the guise of regulation, be abridged or denied. HaguH, Mayor, v. Committee for Industrial Or~aniza:tion, 307 U. S. 496, 516, 59 S. Ct. 954, 964, 83 L. Ed. 1423. 2, 3 An excellent statement of the p'Jwer of a municipality to im1pose regulations in the use of public streets is found in the recent case of Cox v: New Hampshire, 312 U. S. 569, 61 S. Ct. 762, 765, 85 L. Ed. 1049, 133 A.L.R. 1!>36, in which the following appears: "The authority of a municipality to impose regulations in order fo assure the safety and convenience of the people in the use of public hil!'hways has never been regarded as inconsistent Page 465 with civil liberties !:rut rather as one of the means of. safeguarding the good order upon which they uJtimately depend. The control of travel on the streets of cities is the roost familiar illustration of this recogni· ti on of socia.J need. 1 \1\> 'here a restriction of 'the use of highways in that relations is designed to promote the public convenience in the interest of all, it cannot "be disregarded by the a:t.tempted exercise of some civil right which in other circumstances would be entitled to nrotection. One would not be justified in ignoring the familiar red traffic light because he thought it Ms religious duty to disobey the municipal command or sough:t by that means· to direct public attention to an announcement of his opinions. As regulation of the use of the streets for parades and processions is a traditional exercise of control by local government, the question in a particular ca~e is whether that control is exerted so as not to deny or unwarranted'ly abridge the right of assembly and the opportunities for the communi· cation of thought and' the discussion in public places. Love! v. Griffin, 303 U. S. 444, 451, 58 S. Ct. 666, 668, 82 L. Ed. 949 /953, Hague v. Comittee for Industrial Organization, 307 U. S. 496, 515, 516, 59 S. Ct. 954, 963, 964, 83 L. Ed. 1423 .11436, 1437/; Scheneider v. State of New Jersey /Town of Irvington/, 308 U. S. 147, 160, 60 S. Ct. 146, 150, 84 L. E. 155 /164/; Cantwell v. Connecticut, 310 U. S. 2'96, 306, 307, 60 S. Ct. 900, 904, 84 L. Ed. 1213 /1219, 1220/, 128 A. L. R. 1352. "/4/ Our concern here is the validity or non-validity of an ordin· ance which leaves to the u1ncontrolled official diseretion of the chief of '.POiice of a municipal corporation to say who shall, and who shall not, be accorded the privilege of. parading on its public streets. No standard of regulation is even remotely sug· gested. Moreover, under the ordinPage 466 ance as drawn, the chief of police may for ·any rE1ason which he may entertain arbitrarily deny this privilege to any group, This is authorization of the exercise of arbitrary power by a governmental agency which vi ol ate s the Fourteenth Amendments. People v. Harris, 104 Colo. 386, 394, 91 P. 2d 989, 122 A.L.R. 1034. Such an ordinance is unreasonable and void on its face. City of Chicago v. Trotter, 136 Ill. 430, 26 N. E. 359. See, also, Anderson v. City of. 'Wlellington, 40 Kan. 173, 19 -P;. 719, 2 L.R.A. 110, 10 Om". St. Om. St. Rep. 175; State ex rel. v. Dering, 84 Wis. 585, 54 N. W. 1104, 19 L.R. A. 858, 36 Am. St. Rep. 948; Anderson v. Tedfard, 80 Fla. 376, 85 So. 673, 10 A.L.R. 1481; State v. Coleman, 96 Conn. 190, 113 A. 385, 387; 43 C.J. p. 419, Sec. 549; 44 C. J., p. 1036, Sec. 3885. * * * "In the instant case the uncontrolled official suppression of the privilege of using the public streets in a lawful manner clearly is apparent from the face of the ordinance before us, and we therefore hold it null and void." The Supreme Court of the United States in Hague vs. Committee for Industrial Organization 307 U. S. 496, 515, 516; 83 Law. ed. 1423, declared that a municipal ordinance req1irin3" the obtaining of a permit. for a public assembly in or upon the public streets, highways, public pal"ks, or public buildings of the city and authorizing 1he dinctor of public safety, for the purpose of preventing riots, disturb~ ances, or disorderly assemblage, to refus~ to issue a permit when after investig:;.tion of all the facts and circumstances pertinent to the applica· tion he believes it to be proper to refuse to issue a permit, is not a valid exerc'ise of the police power. Said Court in the course of its opinion in support of the conclusion said: "* * * ~,herever the title of streets :md parks may rest, they have immemorially been held in trust for THE LOCAL GOVERNMENT REVIEW the use of the public and, time out of mind, have been used for ·purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use of the streets and public plac!es has, from ancient times, been a part of. the privileges, immunities, rights, and liberties of citizens. The privilege of a ciitizen of the United States to use the streets and pa11ks for com· munication of views on national quE:stions may be regulated in the interest of all; it is not absolute, but reiative, and must be exercised in subordination· to the general comfort and convenience, and in consonance with peace and good order; but it must not, in the guise of. regulation, be abridged or denied·. "We think the court below was right in holding the ordinanc'e quoted in Note 1 void upon its face. It does not make comfort or convenr ience in the use of streets or parks the sfandard of official action. It enables the Director of Safety to refuse a permit on his mere opinion that such refusal will prevent riots, disturbances or disorderly assem· blage.' It can thus, as the record discloses, be made the instrument or arbitrary su.ppression of free expression of views on national affairs for the prohibition of all speaking will undoubtedly 'prevent' such even. tualities. But uncontrolled offic'ial suppression of the privilege cannot be made a substitute for the duty to maintain order in connection with the exerci~e of this right.'' Sec. 2434 of the Administrative Code, a part of the Charter of the City of Manila, which provides that the mayor shall have the power to grant and refuse municipal licenses or per· mits of all classes, cannot be cited as an authority for the Mayor to deny the application of the petitioner, for the simple reason that said general power is predicated upon t:he ordinances enacted by the Mu1nicipal Board requiring licenses or permits to be issued by the Mayor, such as those SEPTEMBER, 1949 found in Chapters 40 to 87 of the Revised Ordinances .of the City of Ma· nila., It is not a specific or substantive power independent from the cor1·esponding municipal ordinances which the Mayor, as Chief Executive of the City, is required to enforce under the same S<ic. 2434. Moreover, "one of the sett.led maxims in constitutional law is that the power conferred upon the legislature to make laws cannot be delegated by that department to any other body or authority," except cer· tain policy of local government, specially of police regulation which are conferred u•pon the legislative body of a municipal corporate. Taking this into cbnsideration, and that the police power to regulate the use of streets and ot.}J,er public places has been delegated or rather conferred by the Leg· isla.ture upon the Municipal :Board of. the City (Sec. 2444 (u) of the Adrninistrative Code) it is to be presumed that the Legislature has not, in the i;<ame breeth, conferred upon the Mayor in Sec. 2434 (m) t.he same power, spe· cially if we take into account that its exercise may be in conflict with the exercise of the same power by 'I.he Munic!ipal Board. Besides assuming arg'Uendo that the Legislature has the power to confer, ar.d tn fact has conferred, upon the mayor the power to grant or refuse licenses and permits of all classes, in• dependent from the ordinances enacted by- the Municipal Board on the :matter, anrl the provisions of Sec. 2444 (u) of the same Code and' of Sec. 1119 of the Revised Ordinances to the contrary notwithstanding, such grant of unregu· lated and unlimited power to grant or refuse a permit for the use of streets and other public' places for processions, parades, or. meetings, would be null and void, for the same reasons stated in the decisions in the cases above q!1Qted, specially in Willis Cox v. New Hampshire supra, wherein the ques· tion involved was also the validity of a simi.Jar statute of New Hampshire. Because the same consti:tutional limitation applicable to ordinances apply • Page 467 to statutes, and the same objections to a municipal ordinance which grants u~restrnined discretion upon a city officer are applicable to a law or statute that confers unlimited power to any officer either of the municipal o.r state governments. Under our demo· cratic system of government no such unlimited power may be validly granted to any officer of the government, except perhaps in cases of national emergency. As stated in State ex. rel. Garrabad v. David. supra, The discretion with which the council is vested !s a· ·legal discretion to be exercised within the limits of the law, and not a discretion to transcend it or to con· fer upon any city officer an arbitrary authority making in its exercise a petty tyrant." · ' It is true that Mr. Justice Ostrand cited said provision of Art. 2434 (m) of th~ Admnistrative Code apparently in support of the de<!ision in the case of Evangelista v. Earnshaw, 57 Phil. 255-261, but evidently the quotation of said provision was made by the writer of the decision under a mistaken conception of its purview and is an obiter dictum, for it was not necessary for the decision rendered. The popular meeting or assemblage intended to be held therein by the Communist Party of the Philippines was clearly an u111lawful one, and therefore the Mayor of the City of Manila had no power to grant the permit applied for. On the contrary, had the meeting been held, it was his duty to have the promoters thereof prosecuted· for violation of Sec. 844, which is punishable as misde· mcanor by Sec. 1262 of the Revised Ordinances of the City of Manila. .For, according to the decision, "the doctrine ar.d principles advocated and urged in the Constitution and by-laws of the ?aid Communist Party of the Philippines, and the speeches uttered, deli· vered, and made by its members in the pulbHc meetings or gatherings, as above stated, are highly seditious. in that they suggest and incite rebellious conspiracies and disturb and obstruct the lawful authorities in their duty. Page. 468 The reason alleged by the respondent in his defense for refusing t.he permit is, "that there is a· reasonable ground to believe, basing upon previous utterances an<l upon the fact that passions, specially on the part of the losing groups, remains bitter and high, that similar speeches will be delivered tending to undermine the faith and confidence of the people in their government, and in the duly constituted au•thorities, which might threaten breaches of the peace and a disruption of public order." As the request of the petition was for a permit "to hold a peaceful public meeting," and there is no denial of that fact or any doubt that it was to be a lawful assemblage, the reason given for the refusal of the permit can not be given any considera· tion. As stated in the portion of the declsio;:i in Hague v. Committee on Industrial organization supra, "It .does n:Yt make comfort and convenience in the use of streets or parks the standard of official action. It enables the Director of. Safety :to refuse the .permit on his mere opinion that such refusaJ. will prevent riots, disturbances or disorderly assem· blage. It can thus, as the record discloses, be made the instrument of arbitrary suppression of free expression of views on national affairs, for the prohibition of all speaking, will un· doubtedly 'prevent' such eventualities." To this we may add· the following, which we make our own, said by Mr. Justice Brandeis in his <!oncurring opinion in Whitney p. California, 71 U. S. Law 5d. 1105-1107: "Fear of serious injury cannot alone justify sUJppression of free speech and assembly. Men feared witches and burned women. It is the function of speech to free men from the bondage of irraHOl!lal fears. To justify suppression of free speech there must be reason· aible ground to fear that serioas evil will result if free speech is practiced. There must be ·reasonable ground to believe that the danger (Continued on page 474) THE LOCAL GOVERNMENT REVIEW ACTIVITIES OF THE LOCAL GOVERNMENTS AND THEIR OFFICIALS Minutes of the Convention of Governors and City Mayors held at the Mansion House, Baguio, City on May 5-6, 1949 PRESENT: Hon. Manuel Cuen<!o .................... President " Jose B. Lingad ................ Vice-President " Perfecto Faypon........................ Secretary " Six1:o Antonio .................... Treasurer " Manuel de la Fuente ........ Auditor Governors and City Mayors ........ Members The meeting were called to order by ~he Chairman at 10 :00 o'clock Ante Meridian. The minutes of the last Convention were read and signed .No. 1 WHEREAS, Honorable lcasiano Bernardo, while in the company of Dofia Aurora Aragon· Quezon and her party on their way to ·Baler to inaugurate the new Hospital in Baler, was brutally and treacherously murdered e;n April 28, 1949, in Bongabon, Nueva EciJa; ;WHEREAS, Mayor Bernardo, aside from being an active member in good ~tanding and Treasurer of the Con· ference of Governors ·and City Mayors, was also a nationaJ. figure in his own right, having been identified with a number of important undertakings of natiOnwide appeal and importance; WHEREAS, the untimely demise of Mayor Bernardo at a time when the Conference of Governors and City Mayors is mostly in need of his valuable services; NOW, THEREFORE, Be it resolved, as it is hereby resolved, by the Conference of Governors and City Mayors in convention as!'lembled to. express, as it hereby ex· presses, the profound grief of this iBody on the death of Mayor Ponciano Eernardo; Be it finally resolved, that a copy of this resolution be sent to the bereaved widow and children of the late M:ayor Ponciano Bernardo and another copy to the Municipal Board of Qi;ezon City. Carried unanimously. WHEREAS, Dofia Aurora IAragon Qut:zon, widow of. the first President SEPTEMBER, 1949 o.r the Commonwealth of the Philippines, Manuel Luis Quezon, her oldest daughter, Maria Aurora Quezon, and son-in-law, Felipe Buencamino Ill, were vidims of a brutal murder at Bongabon, Nueva Ecija, on April 28, 1949, while on their way to !Baler to inaugurate the new Hospital in Baler; •WHEREAS, Mrs. Quezon was not only the Chairman of the Philippine REd Cross, but was also a great social worker who devoted the greater part of her time and efforts to alleviate the sufferings of those in need: WiHEREAS, Mrs. Quezon for many years was the chief counselor and adviser of her husband, the late !Pres· ident Quezon; was a dutiful wife and loving mother; and was the embodiment of typical Filipino womanhood; NO;W, THEREFORE, Be it resolved, by the Governors and City mayors in convention assembled, as it is hereby resolved, to convey to the members of her family its condolence; Resolved, furtber, that this convention devote a minute of silent ;prayer for the .peaceful repose of their departed souls; Resolved, finally, that copies of this resolution be sent to the su•rviving family members of the late Mrs. Aurora Aragon Quezon. CARRIED UNrANIMOUSLY. . No. 3 WHEREAS, Col. Primi'tivo San Agustin, Lt. Col. Antonio San Agustin. Lt. Diosdado Lacson, Lt. D. M. Arabejo, Lt. Col Antonio San Agusrino AJmerino, Pfc. Brigido Valdes and Mr. Pedro Payumo, while in the company of Dofia Aurora Aragon QuePage 469 zon and her party as their escort, were brutally and treacherously murdered· on April 28, 1949, in Bongabon, Nueva Ecija;; WHEREAS, these brave men lost their lives while giving protection to our most revered, most respected and most beloved Chairman of the Philip· pine Red Cross; NOW' THEREFORE, RESOLVED, as . it is hereby re· solved, by .the Governos and City Mayors in convention assembled in. the City of lBaguio, to convey to the members· of their family its c'ondolence, RESOLVED ·FURTHER, that this convention of Governors and City Mayors devote a minute of silent prayer for the peaceful reP.ose ~f their de· parted souls ; RESOLVED FINALLY, that a copy of this resolution be forwarded to each of the surviving family members of the late brave men through the good offices of the Chief, lf'1hi!i.ppine Constabulary, Camp Crame, Quezon City. CARRIED UNANIM;OUSLY. No. 4 WHEREAS, by the provisions of the constitution and ~-Laws of the Conference of Governors and City l\Iayors provides that the tenure of office of. the Officers will be for a period of one year ; and WHEREAS, the tenure of office of the elective Officers of the Conference of Governors and City Mayors will last until today necessitating the election of new officers; and 1 WHEREAS, there is an imperative need to elect the officers before the conference can proceed to act on new business; NOW!, THEREFORE, UPON motion of Governor Jose de! Gallego and seconded by Mayor Jose Carino, RESOLVED, as it is hereby resolved, to nominate and reelect the old officers and to elect Governor Sixto Antonio •·•s the new Treasurer, vice the late Honorable Ponciano Bernardo, as follows Page 470 1,. Gov. Manuel Cuenco-President 2. " Jose IH. Lingad-Vic.e-Pres. 3. " Perfecto · Faypon-Secretary 4. " Sixto Antonio-Treasurer 5. " Manuel de la Fuente-Auditor DIRECTORS 1. Gov. Jacinto Borja 2. " Gregorio Santayana 3. " Maria 'Flenaflorida 4. " Nicasio Arranz 5. Paciencio Y salina 6. " Jose de! Gallego 7. " Jose Madarang 8. " Enrique Braganza 9. " Vicente Pimentel 10. Mayor Jose Carino 11. " Vicente Suarez RESOLVED FURTHER, that a copy of this Resolution be forwarded to each of the above-mentioned elected offic'ers of the Conference of Governors and City Mayors for their infor· ma ti on. CARRIED UNANIMOUSLY; No. 5 WHEREAS, the country is now aware of .the courage, sincerity of purpose of His Excellency, President Elpidio Quirino to strengthen the confidence of the people in the govern" ment; WHEREAS, in his honest desire to strengthen that confidence, his poiit· ical enemies are condemning him of ma!-administration to besmirch his sterling integrity and to . belittle his capabilities as the pilot of the shi·p of . i;:tate; WHEREAS, inspite of the censure and rebuff that his politic'al detractors are concocting, just only to drug d'own the .good name of the Pres.ident due to personal lust for power which is in contravention to the exalted policy of President Quirino to establish a clean and honest government"; WHEREMS, in the internecine strife the •President had with his envious political detractors, he came out more revered, more esteemed and more determined to follow his good policies ; licies ; now therefore, Upon motion of Governor Pimentel Seconded by Governor Madarang THE LOCAL GOVERNMENT REVIEW RESOLVED, as it is hereby resolved, to reassert and reaffirm the confidence, cooperation and total support of the Conference of Governors and City Mayors to the administration of His Excellency, President El· pidio Quiirino, RESOLVED F'URTHER, to for· ward copies of this resolution to His Excellency, President Elpidio Quirino for his information. CARRIED UNANIMOUSLY. No. 6 WHEREAS, His Excellency, the President of the Philippines has given the assurance that peace and order is already estab.Jished in the country; WHEREAS, a certain number of his detractors have· made assertions and ch:irges to the contrary merely for the purpose of political expediency and to frustrate the well-intentioned aims of the administration for the attainment of such ends; Vv'HEREAS, this Body censures and condemns the unwarranted act of these Congressmen who presented a resolution in Congress to deinand the resig· nation of the Honorable, the Secret· ary of the Interior and the Chief, Philippine Constabulary, for alleged failure to- restore peace and order; WIHEREA:S, this assertion of the unwarranted resolution is contradictory to the actual state of peace and order as being confirmed by this Body who are more responsible of the peac~ a~1d order situation in our respective provinces and cities; and therefore, Upon motion of Governor Chioco of Nueva Ecija and seconded by Governor Madarang of Nueva Vizcaya be it RESOLVED, as it i~ herehv resolved, to assert and affirm full confidence of this Body to Honora!ble So· tero :Baluyut, Secretary of the Interior and to General P.Jherto Ramos, Chief, Philippine Constabulary, RESOLVED 1FURTHER, to forw11rc1 with copies pf this resolution to the Honorable, the Secretary of the Interior, Manila, and to the Chief. Phil· ippine Constabulary, C:11rnp Crame, Quezon City, for their information. SEPTEMBER, 1949 Carried unanJmously. . No. 7 WHEREAS, there is room for im· provement of the state of peace and order in Central Luzon by strengthening and reinforcing the Philippine Constabulary; WHERElAS, it is known that the budget of the Constabulary is likely to be reduced by the Congress of the Phi-lippines with the result that a great number of the Constabulary and members of the Philippine Army may be laid off and its equipment and supplies coi;:respondingly reduced; WHEREAS, the Constabulary deserves, more ·than any branch of the Government, a bigger budget for its operation and expenses, taking into ~.ccount the sporadic restlessness in certain parts of the country; W.HEREAS, it is necessary, for rea· sons of national security that the members of the law-enforcing agencies should not only be given the necessary superior arms and equipment for military operation but also radios, tanks, jeeps, trucks, and airplanes, to maintain peace and order, all these things being indis·pensa'hle to an effective military force· to combat lawless· ness and banditry sporadically occur· ring in some of the Central Luzon province; now therefore, On motion of Governor Chioco, se· conded by Governor Madarang, RESOLVED, as i-t is hereby resolved, that the Honorable, the Secretary of the Interior, make the neces· sary representation to His Excellency, the 'President of the Philippines, in order that the latter may prevail upon the Congress of the Philippines to increase the present •budget of the Con· stabulary, in order that these entities may be able to acquire all the necessary military equipment aforementioned to be able to maintain peace and order, RESOLV:ED .FINALLY, that a copy of this resolution be forwarded to the Honorable, the Speaker of the House of Representatives, and the Honora· bk, the President of the Senate, MaPage 471 nil a. Carried unanin:1'msly. No. 8 WHEREAS, the Administration is always amenable to the policy of granting greater autonomy to the Provincial and City Government in the exercise of their prerogatives; WHEREAS, it has been always the desire of the Governors and City Ma· yors to ·be granted more local autonomy in the exerl!ise of their powers and prerogatives over matters affect.ting. their respective provinces and ci· ties; . i\VHEREAS, the Provincial or CHy Boards charged with the preparation of the budget of the province or city, m:iy create, abolish,· increase or diminish appropriations in the provin· cial or cHy budget; 'WHEREAS, the Governor or City Mayor, being the Chief Executive of the province or city has great sway for the creation, appropriation, and authorization of any of the provincial or city funds of the province or city; now therefore, Upon motion of Governor Pimentel and seconded by Governor Ribo ; RESOLVED, as it :is hereby resolved, to request the Honorable, the Secretary of the Interior, ManiJ.a, to draft a Bill to amend Section 2681 of the Revised !Administrative Code em. powering the Governor or City Mayor to appoint all employees drawing salaries or wages from any of the prov:ncial or city funds, RESOLVED FURTHER, to forward copies of this resolution to the Honorable, the Secretary of the Interior, Manila, for his information and favorable consideration. Carried unanimously. No. 9 WHEREAS, we are aware of the unquestionable character, integrity and .sincerity of ·Flresident Elpidio Quirino, both as a citizen and as the Chief Magistrate of the land, coupled with his bri.Jliance and distinguished abilities in the administration of the government affairs of our Republic ; Page 472 WHEREAS, we are in full accord with the policies of His Excellency the President with respect to the iil!ternal as well as the external relations and foreign .policies of the government; WHEREAS, we believe in the wisdom of the means ·adopted by His Excellency the President in the restora· tion and maintenance of peace and or· der throughout the l!ountry as· well as in the restoration and strengthening of the confidence and faith of the people in this government; WHEREAS, through the "complete and concrete economic and industrial· ization program" of His Execellency the President we foresee progress and prosperity in the future of our country, cbnducive to the happiness, con· tentment and honor of the Filipino people, thereby making the election of President Quirino a public necessity; W:HEREAS, by virtue of :the maniI.est and sincere d·esire and effort of His Excellency the President to clean the government of graft and corrup· tion he has earned for himself the •·espect, admiration and faith of our people in his -leadership; NOW THEREFORE, Be it resolved, as it is hereby resolved, that the Governors and CiLy :Mayors in conference assembled, no· minate and endorse, as they hereby nominate and endorse, His Excellency !President Elpid-io Quirino as their o~ficial candidate for the Presidency of the Republic of the Philippines in the forthcoming national elections; Resolved further, that each and every member of the Conference of G<>vernors and City Mayors will spare no effort in the furtherance and carrying j.nto effect this resolution upon their respective constituencies; Resolved finaHy, that copies of this resolution he furnished to the President of the Philippines, His Excellency Elpidio Quirino, to the Honor· able Senate Presdent Mariano Jesus Cuenca, and to the Honoraob1e Speaker of the House of Repre~entatives Euyenio Perez, and that this resolution be given the widest publicity possible. (To be continued) THE LOCAL GOVERNMENT REVIEW Opinion of Secretary of JusttceRetirement under Act 4183 In reply to yours of September 24 requesting my comment and recommendation on the interpretation and applieation of Act No. 4183, as amend· ed ·by .Commonwealth Act No. 623, in relation to the proposed retirement of Mr. Sisenando Ferriols, tAdministrative Deputy in the offce of the Provin~ <'ial Treasurer of Batangas, I beg to say: ."In order to grant a gratuity to provincial, mµnicipal and city officers and employees who resign or are sqiarated from the service by reason of a reorganization thereof, the provincial boards, mimicipal and city boards or councils may, with the approval of the Secretary of the Interior, retire their officers and employees, granting them, in eonsideration of satisfactory service rendered, a gratuity ... " Referring to these provisions, as well as to Act No. 4270, authorizing the retirement, under similar conditions, of officers and employees of the City of Manila, this Department has consistently held that the retirement gratuity provided in said Acts "may be demanded only if the claimant i.:r retired or separa.ted ft-om the service as a re.~ult of the reorga.niza· tion" of the local government. (Op. No. 150, series 1941, Op. No. 46, series 1939, of the Secretary of Justice.) Thus, in one case this Office stated,: "Having -been separated from the service by h~s death-which tooik place before the approval of Commonwealth Act No. 623'-and not by reorganization, of the Government of the City of Manila, Mr. Revilla is not entitled to the retirement g1·a:tuity provided in said act." (Op. of the Sec. of Justice, July 15, 1946; uniderscorng supplied.) · You state that in approving Act No. 4183 the then Governor General laid clown the policy that no local official or employee shall be allowed to retire unless his .position is abolished SEPTEMBER, 1949 and that no position so abolished shall be recreated, and cautioned against the conversion of the said Act into a pension law, inasmuch as this legis· lation was passed apparently for the purpose of facilitating the reorganiza· tion of the local government with the retrenchment policy in view. Conformably to that policy and to the opinions of this Department hereinbefore mentioned, I recommend that no provi11cial, municipal, or city officer or employee be retired with gratuity unless his retirement or separa· tion from the service should arise from or should become necessary by reason of a reorganization of the service.Letter dated Oct. 16, 1946 of the Sec. of Just:Ce to the Chief of the Executive Office. - 0 0 1 > - - Provincial Affairs ... (Co1ttintted from page 449) the .province and neighboring provinces or islands or to dredge rivers and provide facilities for communication and transportation by river, and for establishing and operating telephone systems is subject ro approval of Dept. Head; (Sec. 2113(c), !Adm. Code.) ZO. Expenditures for the benefit of non-ChrlstiallJ inhabitants are subject to approval of Secretary of the Interior. (Sec. 2114., Adm. Code. Note: Suck expenditures noio come from the genertil fund, the so-called Non-Christian inhabitants' fund having been disestablished inasmuch as the inhabitants concerned are no. longer enumeroted as non-Christians.-Ed.) ""'.:~::::::::::::::::::~:::::::~:::::::::::::::::::::::::--l'llflllflliffrflfllfl1D1111111JJM-.rt1111111n111111 ~. ""''°"'m1111111111111m11111111W111•nu11111111111m•111~1111~ I Compliments of i Del Mundo Welding Shop I Come and see our shop. ~ 2321 Misericordia, Manila Page 473 Our Local ... (Continued from page 459) HON. RICARDO D .. MIRANDA Provincial Governor of Davao Personal Circumstances. - Born in Loon, Bohol, on J aliuary 11, 1904; married to Leonor Francisco with whom he has so far no child. Educational Attainments.-Loon Primary School graduate, 1916, valedictorian; Loon Intermediate School graduate, 1919, valedictorian ; Bohol High School graduate, 1926, valedictorian; Associate in IArts, Un.iver_ si:ty of Manila, 1934, valedictorian; ·Bachelor of Laws, same university, 1938, salutatorian; and admitted to Philippine iB'ar in 1938. Experiences and Activities :-Barrio school teacher and elementary school principal; clerk and acting municipal treasurer in Loon, Bohol, 1927; clerk in :the former Bureau of Audits and f;ield audit clerk in Negros Occidental and Davao, 1928-1933; clerk, ·Generai -Land Registration Office and Department of Justice from 1934 to 1937; Secretary to Assemblyman Quimpo of Davao in Page 474 Supreme Court ... (Continued from page ~68) apprehended is imminent. There must be reasonable ground to believe that the evil to be prevented is a serious one • • • . "Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of li·berty. * * * "Moreover, even imminent danger cannot justify resort to prohibition of these functions essential to effectiv.e democracy, unless the evil apprehended is rela:t.ively serious. Frohibition of free speech and assembly is a measure so stringent that ·it would be inappropriate as the means for averting a relatively trivial harm to society. * * * The fact that speech is likely to result in some violence or in destruction of property is not enough fo jus:t.ify its suppression. There must be the probability of serious injury to the state. Among freemen, the deterrents ordinarily to be applied to prevent crime are education and punishment for violations of the law, not abridgment of the rights of free s·peech and assembny." (Whitney v. California, U. S. Sup. Ct. Rep., 71 Law. Ed., pp. 11061107.) In view of all the foregoing, the petition for mandamus is granted and, there appearing no reasonable objec( Continued on page 475) 1938; Member. Provincial Board of Davao in 1941; Acting Governor of Davao at outbreak of war on Dec. 8, 1941, and of Free Davao up to September, 1942; and Ac:ting Governor of Davao during the Osmeiia Administration (up· to June 15, 1946). Practised law up to the elections on November 11, 1947, when he was elected Provincial Governor of Davao for a term expiring in 1951. lfobbies.-Reading and bowling. Motto :-Work, work and work: THE LOCAL GOVERNMENT REVIEW ANCIENT JUSTICE IN THE BISAYAS RAJAH BENDAHARA KlALANTIAW These are the laws which I lay at the feet of the Rajah Besar and request that they be established for the government of the Bisayas and ·their posterity. Competent men,. knowing the an· cicnt · ways of the Bisayas, were assemb!ed r.nd, af.ter consulting and advising relative to the old usages, compiled in conformity thereto this code of Und::mg Undang or Institutes. Let them be known and descend to posterity, that men may· not act according to their own .wills and inclina· tions, but that order and regularity may prevail, as well during prosperity as adversity, a:i:Jd that what is established be not done away. If these laws are attended .to, no one <'an question the authority of the datos for authority will have been conferred upon them by the Rajah lBesar. the highest authority in the land, that they may administer the law in their res:pective towns, and whoever shall not atlmit this awthority will offend against the law of the land. · THE BEGINNING OF MANILA'S LAST ROYAL DYNlASTY SULTAN-EMPEROR NAKODA RAGAM J am the Sultan Bulkeiah in Bor· nf'o where I rule from the city of peace, Dares Salam, on the river Brunei. In Magindanaw, and in Sulu, whence comes my incomparable wife, Empress Lela Men Chanei, men call me Rajah Baguindia. And now in Maynila I am Sultan and Emperor. Twice have my fleets ~!tacked Selurung, which you style Lusung, and this time I have c'onquered. The boastful Dato Gambang, your late ruler, lies de&d, and a princess from his house shall become a wife of mine to carry on the dynasty of Pasig. Our son will be your lord. and, because you es( Continued on page 489) SEPTEMBER, .1949 'PR.ONUNCIAMENTOS (Continued from page 456) conversely physical health is hard to keep unless one is happy and contented. * * * FERNANDO CALDERON-Money alone does not make life worth living. Nay, in most instances it blinds and renders him insensible to agony and suffering of his fellowmen. There can be no genuine feeling of satisfaction without the honest thought of having served faithfully and well, regardless of financial return. * * * ----«O»..---N eW Legislation ... (Continued from page 485) ditor or district health officer ·as herein fixed shall not take effect until after one·half thereof shall have been provided for in the General Appropria.tion Act. Sec. 3. All acts and regulations inconsistent with the provisions of this Act are repealed. Sec. 4. This Act shall take effect on July l, 1949. Approved, June 10, 1949. ---oOo--SU PRE ME COURT (Continued from page 474) tion to the use of the Plaza Miranda, Quiapo, for the meeting app.lied for, the respondent is ordered .to issue the corresponding permit, as requested. So ordered. Moran, C.J., Pablo, Perfecto and Bcnzon, JJ., conc·Jr. Paras, J., concurs in a separate opinion. Briones, · J., concurs in a separate opinion. Hila.do, J., dissents in a separate opL. nion. Tuason, J·., dissents in a separate opinion. . Padilla, J., takes no part. --:-o-:-Youth i!> a blunder; Manhood; a struggle ; Old Age a regret. -DisraeliIn youth the days are short and the ~·ears long; iii old age the years are short and the days long.-Panin.Page 475 HOW TO SECURE LOANS FROM THE REHABILITATION FINANCE CORPORATION Manila, •Philippines List of papers to be submitted in. connection with the application of Loans to Provinces, Municipalities and chartered cities for public markets, waterworks and electric plll'llts. · (R.F.C, G(IV't Loa.ns Form No. 5) 1. An application for loan patterned after the model resolutlion (R.iF .C . Gov't. Loans Form No. 1 or l·A) and signed by the members of that Council tir iBoard present at its adoption. 2. The approval of the application by the Provinoial Board· in c'ase of municipalities, or that of the Mayor, in case of Cities. 3. A finanoial statement (R.F.C. Gov't Loans Form No. 2) of the applicant municipality, province or city, showing its 1income and expenditures for the last five years, from 1939 to 1948, if available, Japanese occupation excluded. If not, thclse for the last prec'eding three years may be given. (a) A financial statement of market operations, (R.F.C. Gov't Loans Form No. 3) ; of water_ works operation (R.F .C. Gov't Loans Form No. 4) ; or of electric plans (R.F. C. Loans Form No. 6), as the project may be. 4,. Sketch plans of the site showing its dimensions, boundaries and ownership; township, indicatiing therein loca-· tion of main lines, etc. ; buildings to be consti-ucted. 5. The report of cnem.ical and biologieal analysis of the water, show.ing its portability, etc. in case of water· works loan. 6. The comments and recommendations of the following offices and officials: (a) The Provincial Treasurer on the paying capacity of the ap· pJ.icant; (b) The Distri<!t Engineer or the City Engneer on the feasibilPage 476 ity of the project, including detailed list of project and individual estimated cost. (c) The District Health Officer on sanitation; in case of ap• plications concerning waterworks, sewerage systems, etc. (d) The Director of Public Works. (e) (The Auditor General certification of the paying capa. city of the applicant. (f) The Director, National Urban Fllanning Commission, Malacafian, Manila (for an assurance that the site for the proposed building will be retainied in the new plans of the a p p I i cant municipaHty or city.) (g) The Secretary of the Interior for the approval of the site. (h) The Se<!retary of Finance. Suggestian: !Before the Provincial Board or any Municipal Council adopts the enclosed resolution which will serve as the contract for the loan that may be granted, we suggest that it conisult the District En1gineer regarding the estimated cost of the project to be constru<!ted, which should be the amount of the loan to be appHed for. In case of a loan for a market pro.iect, the applica'lion, tol!'ether with R.F.C. Gov't Loans .Forms Nos. 2 and 3, duly accomplis·hed ·by the Munici.pal Treasurer, should be courserl through the Provi·ncial Board for approval of the application, and the Provincial Treasurer for verification of the financial statement, (F'orm No. 2). In case of a loan for a wterworks system, Form No. 4, prepared by the District Engineer 8hould be submitted therewith instead of Form No. 3. All the papers :;hould 'then be sent to the General Auditir.ig Office for the certification of the paying capadity of the applicant, with the request to forward them after THE LOCAL GOVERNMENT REVIEW certification to the Department of Finance, thru the Department of the Interior, the National Urban 1 F1lanning Commission and the Biureau of Public 'Works. ? . .JI papers should be submitted in du· plicate to this Corporation, and to avoid delay in the transmission of the appli· cation through the foregoing offices, enough copies of the forms should be enclosed. RPG Gov't. Loans Form No. 1 A Application for Loan for the Construc·Uon of Market -Buildings, Republic Act. No. 85 Excerpt from the Miniutes of the Municipal Council of ........................... . in its meeting held on ................... . ............... , 194 .... - ' Present: ............................................... . -~bsent: Resolution No ................ . Whereas, the ·public interest so requiring, the Municipality of .............. . proposes to construct .......................... . on the site described as follows: ....... . (NOTE :-State if site is owmd by Municipa'.ity and whether it has been approved l:y .the Secr,tary of the Interior; or, in the absence of such approval, that steps a re being taken to secure it. Location plan to be attached.) Whe1·eas, the said Mu:nicipa!Hy does not have sufficient funds with which to carry out such project; Therefore, on motion,, duly seconded: Be it resolt•ed, That the Municipality of ······-·····················---·-··· hereby applies to the REHABILITATION FINANCE CORPORATION, in accordance with the nrnvisions of Republic Act No. 85, for a loan of ................................... . SEPTEMBER, 1949 (:£' ...............•............ ); That in case said Joan or part thereof is granted, the Mun1icipality of ........... . ................... binds itself to comply with :he following conditions: 1. That the loan shall be paid in ten (10) annual amortizations including interest at four per centum ( 4 5'o) per annum, the first amortization to be paid one year after the date of completion of the project, which date shall be certified to the REH'ABILITATION FINANCE CORiPIQRATION by the Proyincial Treasurer having jurisdiction thereon ; 2. That the loan shall be released only upon receipt in the REHA!BILITATION FINANCE CORl:'ORATION of information that the site of the project has been ap:proved by 1the Secretary of the Interior, and as the loan is needed for the project, upon request of the District Engineer having jurisdiction thereon; 3 . That the loan. shall be paid from the gross income of '\.his project, and in case its income shall not l::e suffident to pay the annual amortization due, the Municipality of .................................... shall set aside .from its general f1.1nd annually an amount equal to the yearly amortization includin,g principa;I and interest at the rate of :1'123.29 per .Pl,000.00 applied· for until the loan herein requested and all interests due •thereon are er.itirely repaid: 4. That in case of default, the Collector of Internal Revenue and the Auditor General shall withhold from the ruext allotment of internal revenues of the Mun.icipalioty the amortizations due and remit the same to the REHABILITATION FINIANCE CORPORATION and shall continue to withhold 11uch amount until the arrearages shall have been fully paid; 5. That in case the amount of loan requested is not sufficient to finance the project P .................... will Page 477 immediately be appropriated from the municipal funds to be used for the purpose subject to the same restrictions as to expenditures as the Joan herein applied for; 6. That the whole amount of the loan, together with other loans or allotments granted to or received by, the Municipality of ............... . for the purpose herein specified, shall be deposited with the Provincial Treasurer of ................ .... to constitute a speeial fund to be known as ................................ ; 7. That it shall impose the maximum rate of lai;id tax for general purposes, and that no general reduction of assessment values for taxation purposes shall be authorized until this Joan and all in'terests due thereon are entirely repaid; 8. That the plans and specifications of the project shall be prepared by the Bureau ~f 1F1ublic Works after consultation with the authorities concerned and its construction shall be done under the supervision of the Director of Public Works and/or his authorized representative; 9. That the contract relative to said project shall not be awarded unless bids for the same are advertised in accordance with the provisions of Section 1917, as amended, of the Revised Administrative Code and the regulations of the Bureau of Public Works based thereon. All vouchers covering payments shall be subject to the approval of the Director of Public Works and/or the District Engineer and the Provincial Auditor; 10. That no part of the fund herein applied for shall be used except for the project for which the Joan is granted and the unexpected balance, if. there be any after the work is completed shall not be used for other purposes without the express authorization of the REHABILITATION FINANCE COR'PORATION; Page 478 11. That proceedings to register the real property under Act No. 496, as amended, shall be instituted at once; 12. That immediately upon c'ompletion, it shall have the structure insured, if insurable, under the provisions of Chapter 16 of ·the Revised Administrative Code, for the total amount of the loan invested therein and the insurance shall be kept in force until the loan and all interests thereon shall have been entirely repaid. The Municipal or Provincial Treasurer is hereby authorized to pay the premiums of the insurance from any unappropriated fund of the municipality; 13. That no recommendation shall be made for the reduction of the territory of the present municipality without the knowledge and consent of the REHABILITATION FINANCE CORPORATION until this loan and all interests due thereon are entirely repaid ; 14. Tha:t this Municipal Council, shall immediately, ·by ordinance, prohibit the erection of buildings for residential ,purpose on the market site and any structure of light materials within thirty meters of the curb line facing the market site, or any structure bounding such sitr.!, or within thirty meters of such site and not bounded by streets.and shall also prohibit the repair of such light material struc_ tures as are now erected within such limits ; and shall declare the market site and the land wiit:hin thirty meters of such site when not bounded by a street, a fire zone, within which light material buildings may not be erected ; 15. That unitil such time as the principal and interest of the loan shall have been fully repaid, the Provincial Treasurer, acting on behalf of the National Government, shall have full control and supervision of the operation of the market and slaughterhouse as well as the custody and the control of all land and all other buildings comprising THE LOCAL GOVERNMENT REVIEW the same, and all ordinances, resolution, orders and other regulations that may be promulgated by the Municipal Council or any municipal official in any manner pertaining to the operation or control the!"eof shall require the prior approval of the Provincial Treasurer and shall conform with the provisions of Republic Act No. 37 as well as with the rules promulgated thereunder. Appeal may be made by the corresponding council from a decision of. the Provincial Treasurer disapproving a proposed ordinance, resolution, order or regulation, to the Secretary of the Interior whose decision shall be final, provided, that in the event of difference of · opinion between the Treasurer and the Council as to the tariff to be charged for the use of the market and/or slaughterhouse, the tariff approved by both the Secretary of the Interior and the Secretary of Finance shall be adopted; We hereby certify that at a meeting by the Municipal Coun'cil, held on the ................ day of ........................ , 194. the foregoing resolution was approved by the affirmative vote of all or the majority of all the members of the Council. Mayor ........................................... . Councilor ............................................ . " I hereby certify that the sum of P................ mentioned in paragraph 5 .1ppropriated for ............................ has be.en deposited in this office, and is available for the construction above contemplated. Provincml Treasurer FRC .Gov't. Loans Form No. 1 B Application for Loan for the Construction of a Waterworks system, Republic Act No. 85 SEP.TEMBER, 1949 ;Excerpt from the Minutes of the Provincial Board-City-Municipal Coun" cil of ....... ·. . . . . . . in its Meeting held on ............................ , 194 .. .. Present: ........................................... .. Absent: Resolution No ............... .. Whereas, the public interest so requ!ring, the Province-City-Municipality of .... : ....................... proposes to construct ...................................................... .. on the site described as follows: ........ _______________________ .,. ______ ,. ________________________ _ (NOTE :-State if site is owned by ProvineeCity-Municipality and 'Vh<ther it has been approved by the See?"etary of the Interior; or, in the absencl of such approval, that steps are ·being taken to secure it. Location plan to be attached.) Whereas, the said PTovince-City-Municipality does not have suff.iCient funds with which to carry out such project; Therefore, on motion, duly seconded: Be it resolved, That the ProvinceCity-Municipality of .............................. .. hereby applies to the REHA!B.JLITATlON FINANCE CORPORATION, in accordance with the provisions of Republic Act No. 85, for a loan of ........... . ................ (IP ........................ ) ; That in case said loan or part theref) f is !!.'ranted, the Province-City-Municipality of ____ ....................... binds itself to comply with the following conditions: 1. That the loan shall be paid in. ten (10) annual amortizations including interest at four per centum ( 4 % ) per ann1um, the first amortization to be paid one year after the date of completion of the project, which date shall be certified to the REHABILITATION FINANCE CORIPORATION by the Page 479 District-City Engineer having jurisdiction thereon; 2. Tnat the loan shall be released only upon receipt in the REHABILITATION FINANCE CORPORA· TION of information 1that the site of the project has been approved by the Secretary of the Interior, and as the Joan is needed for the projec't, upon request of the Dis· trict-City Engineer having jurisdiction thereon ; 3. Tnat the loan shall be :paid from the gross income of this project, and in case iJ;s income shall not be sufficient to pay the annual amortization said Muniiaipality of ------------········ shall set aside from its general fund annually an amount equal to the yearly amort:ization including principal and interest at the rate P123.29 per Pl,000.00 applied for until the loan herein re· quested anid all interests due thereon are entirely repaid ; 4. That in case of default, the Collector of Internal Revenue and the Auditor General ·shall withhold from the neict allotment of inter· nal revenues of the Province·CityMurricipality the amortizat:ion d!ue and remit the same to the REHA.IlILIT ATION FINANCE COR1 PORATION and shall continue to withhold such amount until the arrearages shall have been fully paid; 5. That in case the amount of loan requested is not sufficient to fin· ance the project P ................ wil.J immediately be appropriated from the province-city-municipal f,,-- · to be used for the purpose subject to the same restric'tions as to expe.n ditures as the loan herein ap· plied for; 6. That the whole amount of the loan, together with other loans or allotments granted to or received· by. the Province-City-Municipality of .................... for the purpose her•in specified, shall be deposited with the Pro"incial·City Treasurer of ........................ , to constitute a sp:Page 480 eial fund to be known as ...•........ ; 7. That it shall il)l.pose the ma . .imum rate of land tax for genera1 purposes, and that no general reduc· tion of assessment values lor tax· ation purposes shall be authorized until this Joan and all interests due thereon are entirely repaid; 8. That the plants and speciiicaHons of the project shall be prepared by the Bureau of Public 'Works after consultation with the authorities concerned and its construction shall be done under the supervision of the Director of Public Works and/or his authorized representative; 9. That the contract relative to said project shall not be awarded unless bids for the same are adver· tised in accordance with the provisions of ~ection 1917, as amended, of the Revised Adminlistrative Code and the regulations of the Bureau of 'F!ublic Works based thereon. All vouchers covering payments shall be subject to the ap:proval of the Dire.ctor of Public \.Vorks and/or the District Engineer and the Provincial IA uditor; 11). That r.o part of the fur.d here·in applied for shall be used except for the project for which the loan is granted and the unexpected balance, if there be any, ·after the work is completed shall ·not be used for other purposes .without the express authorization of the RE· HABILTTATION FINANCE CORPORATION; 11. That no rec0mmendation shall be made for the reduct!on of the territory of the present municipality without the knowledge and consent of the REHAiBILITATIO~~ t<TNANCE CORPORATION until this loan and all interests due +hereon are entirely repaid; 12. That upon completion of the construction of the waterworks sys· tern, the same shall be ~il~;dster ed in accordance with the "General Regulations Governing the Admin_ istration, Operation, and MainteTHE LOCAL GOVERNMENT REVIEW nance of "Municipal and 1 P'rovincial Waterworks" jointly promulgated by the Director of Public Works and the Chief of the former Executive Bureau, pursuant to Executive Orqer No. 6, series of 1925, as amended by Executive Order No. 7, Series of 1926, of the Governor General, and section 1916 of the Administ_ra:tive Code as amended. . We hereby certify that at a meeting by th~ Provincial Board-City-M:un-icipal Council, heJ.d on the ............ day of.. ..... . ....... : ... ., 194 .... the i'oreaoing- re~olution was approved b:v the affirmative vote of all or the maioritv oi' all the memhPrs of the :Board-Council. Mayor ··························-·········.-·············· Councilor ........................................... . " " or Governor ....................................... . Member .......•..................................... Member ........•................... . .............. . I hereby cert.ifv tht the sum of P................ mentioned in paragraph 5 appropriated for ........................ - ....... . has been deposited in this office. and is available for the construction: above contemplated. Provineial-Citv Tr<asurer RFC Gov't. Loans Form No. 2 Finar,,•ial Statement of the ProvinceCity-Municipality of ....................... . in c(mnection with its Loan :Application of P ................... . APPLICANT: Province-City-Municipality Population Class Seven per cent (7%) of Amount :-!P ....................... . Purpose:- ................ . ...... . 1. Borrowing Capacity:Assessed value of taxable real property on June 30. 1948 ................ . ........... P ............... . SEPTEMBER, 1949 above ........ ........ . ........... :!' ............... . Deduct- outstanding loans and other indebtedness !P ............... . Legal lborrowing capac-ity ................ . ....... !P ............... . General Fund 2. Paying capacity:-· 1940 Gross revenue ... .!!' ............•••• Total budget charges (less sinking fund · installment., repayment of. loans and capital outlays) ·······-~---············· Excess .................... '!' ............... . 1941 Gross revenue ........ 'P Total budget c'har1?es (less sinking fund installment, repayment of loans and caPoital outlays) ........ P ............... . Excess ........ , ........... !!' ............... . 1945 Gross revenue .... P ............... . Total budget charg-es (less sinking fund installment, repayment of loans and caJ>ital outlays) ........ P ...............• Excess .................... P ............... . 1946 Gross revenue ........ :!' •............... Total bud·l!"et charges (less sinking fund installment, repavment of loans and c!anital outlays) ...... .JP •............... Excess .................... 9t ...............• 1947 Gross revenue ........ P ............... . Total bud!l!"et charl!"e~ (.less sinking fund installment, renayment of loans and capital outlays) ............ !!' ........... . Excess• .................... P .............. - 1948 Gross revenue ........ P ............... . Tota]. bud1ret charfle!'. ·o~ss sin1king fund installmenf, repayme11t of loal's and ca-pita! outlays) ........ P ....... . Excess .................... P ............... . a. Total excess in ........ years and months ............................ P .... ············ b. Average yearly excess (total ex.cess divided bv (-) ······--········ ............ IP ..•...........•. c. Gross paying capacity for Page 481. loans (average yearly excess divided by 14; loan payable in 10 years with interest at 4 % ) -------- P _______________ _ d. 60'.Yo of gross paying capacity -------- --------------------'1'---------------· e. Deduct total amount of outstanding loans and other indebtedness ________ P .... ___________ _ f. Net paying capacity for loans payable in 10 years with interest at 4% per annium ----·-------------------.... P---·--------,--·• Attested by: --------------------------------- -------------------····· Provincial Treasurer Date: -------·-----------------------------------Submitted by: City or Municipal Treasurer Date: ----···------------------------------------Submitted by: Provincial-City Treasurer Date: ··--····-·····-----------------------------· RFC Gov't. Loans Form No. 3 :!\farket and/or Slaughterhouse projects to be financed from the Rehabilitation fund, Republic Act No. 85 Fina:ncial Sta.tement 1. Province ---------------------------2. Municipality or City ------·········-···· 3. Estimated cost ---· .... P-----1 4. (a) Amount recommended from the Rehabilita· tion F'und ---·-··-·····-------····'P·---(b) Amount of City-Mun~ icipal F'unds for construction of project -··--·····..!P---5. 4'nnual Operating Expense and Reimbursement: -ia) Cost of operation and maintenance, including salary of ]'.ersornel ____________ P'----"b) R·pa"rs to the lui'dings ---------------- -----·-······-JP---(c) Annual amortization on the Joan inc1uding int'lrest of 4 % for 10 years /123.29 p:r 'Pl,000.00 ---~ - - - ' r]) Mis<'ellaneous ........ 1 .••• '!!l'--G. Fronos·d rates for market (a) Market tiendas, per door -·······---- ____ _ _____ JF'.----(b) Stqll spa~e per square Page 482 meter ---------·-··--· ----··-·---.!---( c') Slaughterhouse fees for hogs, cattle, etc. ___ jll- - - - ( d) Other space ___________ JP--7. Estimated annual income of the market and/or slaughterhouse based upon the proposed rates in Item 6: (a) From market tiendas @ !P--- per monith for t2 months ____________________ P - - (b) :From stall space @ P--- per sq. m. daily average, for 365 days, or per month, as the case may be -----··----- ____________ f---(c) From a v e r a g e slaughter of hogs per month P , for 12 months, etc., ----··-···--·-··-··_IP---From average slaughter of cattle per month tP---, for 12" months, etc. -··-··-····-----····--·-···-----P---8. Estimated Profit or Deficit (Item 7 minus Item 5) -··-------······----·······-··------P--(In case of deficit, give steps that would be taken to remedy same) 9. (a) Actual net income of market and/or slaughterhouse for the year 1945 !P--(b) Actual net income of market and/or slaughterhouse for the year 1946 P---llJ. Total amount of outstanding loans of l\foncipalityCity ................................ f'--11. Annual repayment on outstanding loans including interest ·········-·········-······--''---Attested by: Provjr;cial-City Treasurer Submitted by: Municipal Trz2rnrer NOTE:-Tho Provincial or City Treasurer shall certify whether the estimated income wodd be sufficient to cover the annual amortization and the expens<s for the (Continued on pape 484) THE LOCAL GOVERNMENT REVIEW THE MAURA LAW Royal Decree of May 19, 1893 (Continued from August Number) Section 22. The Provincial Board shall have charge cf ·the safe in which the "Income of the Towns" is deposited, the keepers of the keys being the district attorney, .the collector of revenue, and one of tlre members of the Principalia, elected by the captains of the towns, who shall be designated by iot from among the members of the Board. In order to regulate cash transactions and those of the accounting of receipts a.nd disbursements, by accounts current which must be kept for. each town, and other details of this service, as well as for the work of the office of the Secretary, the Board shall order the appointment of a person sufficiemtly competent, with an adequate stipend, which shall be paid pro rata from the "Income of the Towns". The same person shall act as the Secretary of the iBoard, without voice or vote, keeping the book of minutes signed by all those attending each session. The three keepers of the keys shall be personally and principally liable for the "Income of the Towns" which is deposited in the special safe of the provincial governments ; and the other members of the Board shall be subsi· diarily liable. Any member of the Board may de· mand an accounting any day he may , see fit, so as to ascertain the condition of the treasury and of the balance it may contain; and such an examination must thereupon be made without any excuse or pretext whatsoever. Section 23. The observationrs or recommendations, occasioned by the task of inspection and of review entrusted to the Board, shall be communicated of· ficially to the Governor of the Province, together with the documents or data pertinent thereto, so that the said authority may determine what may be proper. The Board may also address to the Governor-General, through the Gov· crnor of the Province, any statements, SEPTEMBER, J.949 memorials, or recommendaJtions it may adjudge conducive to the welfare of the towns or to an orderly conduct of the administration. CHAPTER TWO-ADMINISTRATION AND FINANCES O.F THE TOWNS Section 24. The "Income or Funds of the Towns", exclusively destined to community needs, shall be made up of the proceeds from the following taxes irnd imposts: "1. .Fisheries. 2. Certificates of ownership of cattle. 3. Certificates of transfer. 4. Rents and products of dty or ru· ral property belonging to the town. 5. Billiard-tables. 6. Theatrical performances and horse-races. 7. Markets .. 8. Slaughter-houses. 9. Turnpike-duties and ferry tolls. IO. 'P'ounds for animals. 11. Tax for lighting and cleaning streets. 12. Surta·c of 10 per cent, on the urban tax. 13. Municipal fines. 14. Tax on rural property establishment be created according to law. 15. Fifteen days' personal service tax. 16. Other sources of revenue which may be created according to the conditions of each town. Each municipal tribunal, with the presence of the delegates of the Principalia and the Reverend Parish Priest, shall of course establish such im· post or taxes mentioned under Numbers 1 fo 15, as it may deem advisable; but the resolution creating new imposts, according to Number 16, must be subr.:itted to the Governor of the Province before its discussion. The Governor may or may not authorize them, after hearing the Provincial !Board, according as he may adjudge it expedient for the general and the town's intere~ts. Page 483 Section 25. Every municipal tribunal, once constitu.ted in accordance with this provision, shall-with the presenee of .the delegates of the Principalia and of the Reverend Parish Priest-prepare a statement of the fixed sources of revenue with which it is to meet the current expenses of the town. In this statement no amount can be embodied when it accrues from the tax which may be placed upon- rural property, in accordance with Number 14 of the precedini; Section; as a separate account and statement must be kept of all the receipts relathe thereto, which shall be used exclusively· to defray the cost of local community public works. The statement of permanent ordinary sources of revenue, referred to in the preceding Section, shall be the budget of annual receipts of the town. It shall continue in force indefinitely, with the additions or alterations which may be introduced therein in a legitimate nrnnner and true and duly certified copies shall always be on file with the Municipal Tribunal and the Provincial Board. Every three years the estimate of the revenues appearing in the statement ~haJ.I be revised by the Board and each revenue item shall be -set down only to denote the amount collected aninually, in accordance with the average col· kctions calculated from the accounts of the previous years. Section 26. . The imposts and faxes which constitute the "Income or Funds of the Towns," with the exception of those which may be placed upon rural property, may be farmed out by 0 the municipal tribunals at a public auction, in the manner prescribed in Section 12 and for periods not exceeding three years. The imposts and taxes not farmed out shall be collected by 1the cabezas de barangay or by the other persons entrusted therewith who may be designiated in writing, and at the periods and intervals which rthe Municipal Tribunal may determine, under the personal responsibility of its members. At the end of the period of collection,the person in charge thereof shall Page 484 deposit with the Municipal Tri!bunal the receipts· which he may not have teen able to turn into specie. He shall not be held accountable for the failure lo make ~he collection, when such a failure is not due to negligence or bad faith. The Tribunal shall take such action as may be contributive to the payment by the delinquents of it he amounts which they ham come to owe. Section 27. To each taxpayer and for the amount collected, there shall be issued a receipt signed by the Capitain and by the person in charge of the collection. This person shall make his deposits weekly, during the period of the collection, with the Municipal Tribunal, the Captain giving him receipts for the amounts deposited wi.th a statement of the items to which they pertain. The Captain shall retain, at the time of the deposi.t, a duplicate of the receipt, with the signature of the collector, in order to make a record at the proper time of the deposit of ·the collection in the safe of the "Income of the Towns." The person in charge of the collection shall also prepare a detailed statement of rthe collections, by items, for transmi.ss.ion to the Provincial Board at the times specified in the regulations. ---oOoHow to Secure ... (Continued from page 482) administration, operation and maintenance of the market and/or slaughterhouse, and if the income is not sufficient to cover same, whether the· deficiency could be covered from the regular income of the applicant entity. Ruling of the (Cont. from page 459) In view of the foregoing, therefore, this Office believes that payment of 1he salary increase of Mr. Rafael L. Carranza may be allowed in audit. 3rd Ind., June 23, 7937, of Aud. Gen. to Prov'l Aud., Masbate, Masbate; G.A.O. File No. 390. THE LOCAL GOVERNMENT REVIEW New Legislation First Congress of the Republic) of the Philippines ) F·ourth Session ) H. No. 1977 S. No. 421 [Republic Act No. 368] AN ACT TO FIX THE SA~·ARIES OF PROVINCIAL GOVERNORS, PROVINCML TREASURERS, PROVINCIAL AUDITORS, DISTRICT HEALTH OFFICERS, AND PROVINCIAL ASSESSORS. Be it enacted by the Senate and House of Representatives of the Philip. pines in Congress assembled: Section 1. The annual salaries of provincial governors, prov.incial treasurers, pro1 incial auditors, district health officers, and provincial assessors sha11 be as hereinbelow fixed: In firs.t class A provinces·: for provinicial go~ernors, eight tho:usand four hundred pesos ; for provincial . trea11urers, six thousand six hundred peso.s ; for . provincial auditors and district health officers, five thousand seven hundred pesos; and for provincial assessors, four thousand eight hundred pesos. In first class 'H provinces: for provincial goverr.ors, seven thousand eight hundred pesos; for provincial >treasurers six tho:isand three ·hundred pesos; for' p.rovincial auditors and district health officers, five thousand four hundred pesos; and for provincial assessors, four thousand five hundrec! peso~. In regular first class provinces: for provincial governors, seven thou~and two hundred pesos; for provincial treasurers six .thousand pesos; for provinci:..l a~ditors and district health officers, five thousand one hundred pesos; and for provincial assessors, four thousand two hundred perns. In second class provinces: for provincial go;crnors, six thousand six hundred pesos; for provindal treasurers, iive thousand seven hundred pesos; for provincial auditors and district health officers, fo:;r thousand eight hundred pP-sos; and for provincial assessors, three thousand six hundred pesos. In third class ·prodnces: for provincial governors. six thousann p::!SO~: for provinc'al treasur:rs, five thousand 01,e hundred pesos; for provincial audikrs and dis.1rlct health officers, four thousand fire hundred pews; and for SEPTEMBER, 1949 provincial assessors, three thousand ·~hree hundred pesos. In fourth class provinces: for provincial governors, five thousand four hu'ndrer pesos; for provincial treasurers, four thousand eight hundred pesos; for ·provincial auditors and district health officers, three thousand nine hundred sixty pesos; and for vrovincial assessors, three thousand one hundred twenty pesos. In fifth class provinces·: for provincial governors, four thousand eight hundred pesos; for provinicial .treasurers, four thousand two hundred .pesos; for provincial auditors and district health officers, three •thousand seven hundred twenty pesos; and for prodnl'ial assessors, three thousand pesos. Provided, That if after the .salary of ::t provincial governor or a provincial treasurer or a provincial auditor or a district heaJ.'.h officer or a provincial assesrnr has been increas.ed by virtue of the provisions hereof, the province concerned ir.curs an overdraft in its g-eneral fund or the opera.ting expenses thereof exceed the revenue collections, the President of the Philippines, upon recommendation of the proper dcpartc ment head shall reduce the salary of ·:hat official to ama':inrnm the rate fixed for the corresponding official in the next lower class of proYince. Sec. 2. One-half of .the salary of the ''rovincial auditor and of the district health officer Fhall he pnirl crnt of 1h0 na.tional funds anrl the othPr half shall re naid out of the general fond and }>.;>alth fund re•PP~·fivelv of the n1·o»ince "0J1C0 rne<'I: P·wn•irlPrl. hn.n<>•·p,r_ Thl'lt an jncrea~P in !"l~lwru n-f' an1v nro,7in~ial au( Continued on page 471l) Page 483 MUNICIPAL ,AFFAIRS SUB\JECT TO ACTIONS 'BY .NATIONAL AND/OR PROVINC'.IAL AUTHORITiES Compiled by J1:1an .F. Rivera 44. W~th the approval of the Director of :Public Schools, reasonable tuition fees may be charged for instruction in intermediate, secondary or professional schools established by a municipal council. (Sec. 2250, Adm: Code) 45. The municipai council may, with the approval of the Director of Public Schools, cooperate with the authorities ef any other municipality or municipalities in the same province in the maintenance of intermediate instruction. (Sec. 22·51, Adm. Code) · · 46. In each municipality there shall be a chief of police and such number of policemen as the council, with the approval of the provincial board, shall determine. (Sec. 22'58, Adm. Code) But no posi1tion )of ·policeman may be abolished wi11hout the approval of the President. (Ex. Ord. 175, s. 1938) 47. The Chief of Constabulary, with the approval of the Department Head, shaJ.l prepare and promulgate general regulations for the good government, discipline, and inspection of the municipal police. (Sec. 2260, Adm. Code) 48. Each municipal council, with the approval of the provincial board, may issue supplementary regulations, not incompatible with law or the general regulations, for the governance of the local force. (Sec. 226o, Aqm. Code, last par.) 49. The Chief of Constabulary, with the approval of the Department Head, shall prescribe the uniforms, insignia, and equipment of municipal police. (Sec. 2261, Adm. Code) 50. The Chief of Constabulary, subject to the approval of the Head of Department, shall also prescri1be the kind of arms to be used by th"! police; and upon requisition by resolution of a municipal council duly approved by the provincial Page 486 board, he shall issue to the said municipal council as many firearms as may be requested, not exceeding in any case the number of members of the police force including the chief. (Sec. 2262, Adm. Code) 51. Each municipality shall at its own expense, provide all necessary police equipment, including arms, uniforms, and insignia, and may also provide the arm, uniform, and insignia of the chief of police, in conformity with the specifications of the Chief of Constab:.ilary. (Sec. 2263, Adm. Code) 52. With the approval of the provincial governor, municipal council may· require police service or pwtrol service from able-bodied male residents of the municipality. (Sec. 2275, Adm. Code) 53. The municipal council, with the approval of the provincial governor, may require each householder of any municipal center or of any barrio to make prompt report to the mayor or municipal counci.Jor of the •barrio, of the naine, residence, and description of any person not a resident of such municipal center or barrio who may enter the house of such householder or receive shelter or accomodations therein. (Sec. 2276, ,Adm. Code) 54. In an organized municipal-paid fire department, there shall be a chief and the necessary force of firemen, whose number shall be fixed by the municipal council with the approval of the provincial board. (Sec. 2277, id.) 55. The Director of Public Works and the Chief of Constabulary shall, with the approval of the Department Heads concerned, jointly prepare and issue general regulations for the government, proper discipline, and inspection of the municipal fire departments. (Sec. 2277THE LOCAL GOVERNMENT R1'::VIEW A, id.) 56. Each municipal council may, with the approval of the provincial board, issue such secondary regulations for the government of the local fire department as shall not be inconsistent with law or with the general regulations. (id.) 57. Fire·fighting apparatus other 1than those enumerated in Section 2278, Adm. Code may be acquired by the municipal council with the approval of the _ provincial 1board. (Sec. 2278, Adm. Code) 58. The provincial board may require any municipality to purchase and provide for the maintenanre of additional fire·fighting apparatus for a barrio. (id.) 59. Upon resolution of th~ municipal council, approved by the provincial treasurer, the municipal treasurer may make current deposits of municipal funds swbject fo check in any local bank duly designated as a depositary for Government funds. (.Sec, 2290, 2nd par., Adm. Code) 60. Money not needed for current use may be deposited, upon the same authority, as a time depllsit with the provincial treasurer, the Phil-ippine National Bank, or any other banking institution duly designated as a depositary for Government funds. (id.) · 61. If the municipal council should require the municipal permanent. public improvement fund for other peremptory needs of the municipality, at may use it for the same, subject to the approval of the provincial board. (Sec. 2291 (A), Adm. Code) - ' 62. The municipal council shall have the power, with the approval of the Department Head first had, to appropriate such amounts as may be necessary to defray the expenses of local fairs and to enable the municipality to take part in the fairs conducted 'bY other provinces :n the 'Philippines. (Sec. 22'93, Adm. Code) 63. In case the head of any office is dissatisfied with the appropriation SEPTEMBER, 1949 . ordinance approved by the municipal council, he may appeal' to the provincial board from the action of the council within ten days after he is advised of such action. The appeal shall specify the portion of the appropriation ordinance objected 1to and shall state the grounds for the objection. The provincial board shall decide the appeal within twenty days after receipt thereof, and its decision shall be final. (Sec. 2297, Adm. Code, as amended by R. 1A. 238) 64. With the approval of the Secretary of the Interior (F'inance), the provincial board may authorize any municipality of the province to exceed the percentages a.Jlowable for' salaries and wages under such limitations as may be prescribed by resolution of said board. (Sec. 2299, Adm. Code) · 65 . Disbursements for school purposes shall be approved by the division superintendent o:f schools, or his authorized representative. ~ouch· ers covering disbursements from the allotments for health work shall also be approved by the chief of the sanitary divisions, or his authorized representative. (Sec. 2300, Adm. Code) 66. The total disbursements from any municipal fund shaH in no case be in excess of the actual collections accruing to such fund, .except upon written auithority of the provincial treasurer, and in no case shall an overdraft in excess of twenty-five per cent.um of the uncollected revenues and receipts accruing to any fund, as shown by the approved budget, be so authorized. (Sec. 2301, Adm. Code) 67. When any ferry, market, or slaughterhouse belonging to a municipality is to be let to a private party, the same shall, unless otherwise directed by the Department Head, be let to the highest and best bidder for the period of one year or, upon the previous approval of the provincial board, for a longer period not exceeding five year£, Page 487 under such conditions as shall be prescribed by the Department Head. (Sec. 2319, Adm. Code) 68. The decision of a municipal council rejecting any bid or awarding any privilege for maintaining or conducting by private parties under license ferries, wharves, mar· ets, or slaughterhouses shall be subject to final revisal by the provincial board. (Sec. 232'0, Adm. Code) 69. Adjustment of matter of disputed jurisdiction over fishery shall be referred by the respective councils to the proper ·provincial board, which body shall lay the facits, with its recommendation, before the President of -the Philippines, to the end that he may either adjust !lhe boundary so as to settle the jurisdiction or recommend the passage of adequate legislation. (Sec. 2322, Adm. Code) 70. When a fishery or fish· breeding ground is granted to a prh·ate party, the same shall be let to the highest bidder for the. period of one year or, upon the previous approval of the prolincial board, for a longer period not exceeding five years, under rnch conditions as shall bl! pres~ribed bv the. Department Head. (Sec. 2323 in re 2319, Adm. Code) 71. The approval of the Secretary of Finanre shR ll b~ rncured: "(1) Wher.e\·er the rates of municipal license taxes fixed or imposed by ordinance of the munic!pal <'ouncil or municipal district council ... exceed the rat';S of fixed internalrevenue 'pridlege faxes re~ularly imposed by the National Govern· ment upon the same bmires:; or o~ ct:pation. except on hotels, restau· rants, cafes, refreshment parlors, race !tracks, and retail dealers in vino liquors and fermentr<l liquors, and any tax or fee on livery stables, l!'arage~. and other places or establishments where pablic ,.ehi· cles and other conveyances are kept for hire, (2) Whenerer the rate of fixed municipal license taxes on Page 4.83 businesses not excepted in this ;Act or otherwise· covered by the preceding paragraph and subject to the fixed annual tax imposed in section one hundred eighty-two of the National Internal Revenue Law, is in excess of fifily pesos per anr.um; and (3) ~)henever the municipal license tax on any business, occupation, or prhjlege the· rate of which is not limited above is increased by more than fifty per centum." (Sec. 4, C.iA. 472) 72 . The provincial board of any special province may, by resolution approved by the S:cretary of the Interior organize any territory as a mu.nicipality. (Sec. 2614, JA.dm. Code) 73. Salary of munidpal treasurer as deputy provincial treasurer fa subject to approval of Sec. of Finance. (Sec. 2615, Adm. Code) 74. Compensation of vice-mayors and councilors of a municipality of specially organized province is subject to approval of the provincial board and the Sec. of the Int. (Sec. 2615 (f), Adm. Code) 75. Mavimum salary authorized for any non-elective municipal officer may l:!l raised by provincial board subject to approval by Sec. of the Int. (Sec. 2615 (h), Adm. Code) 76. The mun'.cipal mayor in specially or~·anized province may, wi;th the approval of the provincial governor, cause to be instituted any ap'"''lpriate criminal action or take other proceedings for derelictions oi' a municipal official. (Sec. 2621 (b), Adm. Code) 77. The provincial board shall approve or disapprove any act, ordinance, or re;oluticn, orders of •\he mvnicioal counc'I, and executive 01·dcr of the mayor. (Sec. 2624 (h), Adm. Code) 78. Should the council or the mayor J·.e dissatisfied with the decision of the provincial board an appeal may h: taken by it or by him to the Secretary of the Interior, who shall decide the same qaestion which was presented to the pro i incial ToE': L'.)CAC. G'.lVER);~1EYT REVIEW board and either affirm or reverse the decision of the provincial board. (Sec. 2624 (h), Adm. Code) 79. The express authorization of the provincial governor shall be neces· eary to alienate or constitute any lien upon any real property of the municj.pality, and with the pr:or authorization of the Secre•'.ary of the Interior, to close jn whole or in part any municipal road, street, alley, park, or square, and to devote the same to any municipal purpose, or '1o convey the same, with or without money consideration to the province, or to the Na· tional Government for governmental p:irpose3. (Sec. 2625 (b), Adm. Code) 80. Ordil'ances passed under Sec. 2625 ( m) , Adm. Code, re streets, sidewalks, ·plazas, parks, water supply, and special assessment shall not be valid or take effect until it shall have been approved by the provincial board and the Secretary of the Interior. (Sec. 2"625 (m). Adm. Code) 81. Excess condemna•tion is subject to the approval of both the provincial board and the Sec. of the Int. (Sec. (2625 (n), Adm. Code) 82. The Secretary of the Interior is authorized to organize municipal district governments and exercise jurisdiction over them through the provincial governors. (Sec. 2630, Adm. Code) 83. The provincial board is empowered to prescri-be the tax to be collected in. municipal districts subjec:t to ap· proval of the Sec. of the Int. (Sec. 2"631, Adm. Code) 84. Allowance for disability in line of duty is subject to approval by Department Head. (Sec. 699, Adm. Code) 85. Retirement as a result of a bona fide reorganization under Act 4183 as amended is subject to approval of Sec. of the Interior. SEPTEMBER, 1949 Ancient Justice ... (Continued from page 475) teem ancient lineage, know that I am descended from the great Iskande·r, the Alexander of far off E1rope, by his queen, the daughter of :forus, most vaJ.iant of Hindus, through San Sapurba who crossed the sea to Java and whose d·escendant ruled in Johur whence my great-grandfather, Tt.:!8n Alak her Tatar, stole the pr:nces royal for his bride. And in my veins, from Hassim, runs the Arab blood of the true prophet of the merciful and compassio~<.te God. Chiw3se blood, too, by a princess of Kina !Ealu, have I, and for five hundred years have ·;he kings of Brunei worn the imperial yellow by recognition of Tchina's emperor. We have long had as well notat and lbdlls from Malacca and Menangkaihaw. regalia of royalty for Hindu and for Isl~mite. But prouder than of being a king am I of my well-earned title of Nakoda for none captains better a ship than' I and my praus have ridden out the storms in these stormiest of seas, and in blood I boast of being a Bisa· yan. Though Chinese and Ara~ herald appears in my ~ourt its chiefest ornament is the lengthy loin-cloth, the chawat that forty men always bear aloft b~fore me. •When I. gird up my loins with it for battle, they are wellgirded and the battle is well-fought. From Malacca to Maynila men know the name of Nakoda Ragam and dread the man, regardless of my ro~alty. So do you, men of the Lusung rivers, fail not in your duty to my future son, your rajah, nor .forget t~ pay ~early a gan:ta of gold m Br:ine1, as tribute, s·ince of old yours was 1the Island of Gold. . 'r" .......................................... - ..................................... ·1. t Se,.ving the count-ry's needs in ~ ~ Machineries, Construction Materials 4 • and Gen. Merchandise. 4 . ~ t PHILIPPINE VETERANS 4 t TRADING CORP. l • 2072 Azcarraga, Manila ~ . ' ~ ..................................................... _ Page 489 Republic of the Philippines COMMISSION ON ELECTIONS Manila MST OF MUNICIPAL OFFICIALS ELECT NOVEMBER 11, 1947 ELECTIONS PROVINCE OF CAMARINES NORTE BA SUD Mayor- - - Floro }t.. Quinones (L) Vice-Mayor - Pedro Avida (L) Councilors: 1. Marcelo Laviste (N) · 2. Eduardo Sacris (N) 3. Bernardmo Zabala (L) 4. Timoteo Carillo (L) 5. Loreto Nolo (L) 6. David S. Sarion (L) CAPALONGA Mayor- - - Lucio Jacob (L) Vice-Mayor - Juan Orit (L) Councilors: 1. Hermenigildo Alto (L) 2. Francisco Talento (L) 3. Juan Juego 2nd. (N) 4. Pio Vega (L) 5. Pedro Juego 3rd. (L) 6. Pablo Sa1·miento "(L) DAET Mayor- - Enrique Magana de Leon (N) Vice-Mayor- Moise Gaite (N) Councilors: 1. Sotero Macaro (N) 2. Ricardo Caiieba (N) 3. Epifanio Fel'l'er (N) 4. Irineo Sacriz (N) 6. Manuel B. Fuentebella (N) 7. Pedro M. Edora (L) 8. Nazario Laguman (N) J. PANGANIBAN . Mayor--- Jose Y. Arriola (N) Vice-Mayor -:-- Rudy Juguilon (L) Councilors: 1. Monica E. Agua (N) 2. Rogelio Manalo (L) 3. Pedro D. Escio (L) 4. Macario Opeda (N) 5. Amadeo Evia (N) 6. Roman Blanas (N) 7. Damian Natino (L) (Passed away, post vacant) 8. Crecenciano Martinez (L) LABO Mayor- - - Gil Carr.bronero (L) Vice-Mayor - Pablo Dizon (N) Councilors: ·page 490 1. Domingo Villafuerte (N) 2. Mariano Elep (N) 3. Julian Sena (L) 4. Godofredo V. Pandi (N) 5. Agapito Deriz (N) 6. Cayo Ubaiia (N) PARACALE Mayo1·- - - Pedro M. Tagala (N) Vice-Mayor - Domingo Undazan (L) Councilors: 1. Luis Dasco (N) 2. Sesinando Can (L) 3. Jose Venida (L) 4. Sergio Deauna (Independent) 5. Jesus Calayan (N) 6. Mateo Era (L) 7. Jose Abcede (L) 8. Fidel Calajate (L) (To be continued) -oOo--History of !locos Sur (Continued from page 450) of the Cordillera. At present there are still 9,537 members of non-Christian tribes. The population of the province except ·three towns which have not been heard from yet is 267,943. Ilocos Sur is the center of the Diocese of Nueva Segovia. Vigan is also the religious, educationa' .. J commercial center of the north. Ilocos Sur has produced many leaders in its history. The most notable figure is the President of the Philippines, the Hon. Elpidio Quirino, who was born in .'\Cigan; .Father Jose Burgos ; and Isabelo de los Reyes. IP.resent big figures are Senator Prospero Sanidad of Narvacan, Representative Floro Crisqlogo, Representative Fidel Villanueva, Governor Perfecto Faypon. IBQard Members Anselmo Maki! and Pablo Sanidad, Atty. Cecilio Balbin, Atty. Eloy IBello and many others. Despite the political squabbles· in the province, all are wholeheartedly behind the leadership of •President Quirino, Nacionalistas and Liberals alike.-The "Interscholastic,'' Jan., F'eb., 1949, THE LOCAL GOVERNMENT REVIEW - - - - - - - H 0 R 0 SC 0 PE*------~ Were You Born in September SEPTEMBER 1 Your field lies in financial or editorial writing or the diplomatic service. Cultivate a wide acquaintanceship as the sincere friendship of others will have much to do with your future success. Reading occupies your time. SEPTEMBER 3 Yolll· weakness is entering into agreements or contracts without making suf· ficient investigation. Indications are for .success in secretarial or advisory capacity whei:e others make the final decision. SEPTEMBER 5 Indications are for- a strong will and the inclination to arrive at success with. out regard for others. Cultivate forbearance and do not be discouraged if you do not reach your goal in early life. SEPTEMBER 7 Those whose birthday is today a·r(! of an inventive turn of mind and will find greatest success through the application of their ingenuity to the development of applied mechanics, electro-chemistry or allied arts. · · , , SEPTEMBER 9 Persons of this natal day will be shrewd at bargaining and natural traders with excellent foresight and good business judgment. Best fitted for mercantilo buying er selling, or stock and bond brokerage. ·------------SEPTEMBER 11 . y,~r i,;t;th date marks a highly imagmative mmu •·'+h keen appreciation for the fine art, a lover of travel and a student cf nature. Your facility for making friends wiII be of great anvantage to you. . SEPTEMBER 13 Persons of this birth date are apt to have an inferiority complex and lack of discretion in counteracting this weakness wiII work harm. Best fitted for work requiring close concentration and mastery of detail. SEPTEMBER 15 Success should come early in life if oppo.rtunities are not neglected. Curb your desire to dominate situations but not to the extent that it hinders proj!'ress. Look for best returns from the theatrical profession. *Frtnn NYAL SEPTEMBER: 1949 SEPTEMBER 2 You have a special gift for pleading the cause of others and should dedicate your ~forts to legal or legislative work, or social welfare. A keen, analytical mind and unbounded energy are yours. SEPTEMBER 4 Your career augurs success through the efforts and with the assistance of others, who have wider experience and greater business acumen. You have ambition. and energy but need a stabilizing guidance. SEPTEMBER 6 Persons of this birth date are homeloving and they will find greatest relaxation in home interests. Success lies in professional lines, the practice of medicine or its associate sciences. SEPTEMBER 8 This birth date presages a forceful character, stern of will and one not easily swayed from his or her view· point. Well fitted as a supervisor of personnel, in an employment capacity or similar organization work. SEPTEMBER 10 Today's child is the studious or highly me~t~l type, we!~ fitted for preaching or rehg1ous education. The ability to mould or form public opinion indicates a flair for orato1·y, lecturing or editorial writing. SEPTEMBER 12 · Here is a leader of men with strong denotations of success in financial or organization activities. Care should be taken with prospects which seem of small importance as they may lead to larger ventures with reward . SEPTEMBER 14 . If this i~ your birthday, seek fortune m .occupal!ons having to do with legisIat1ve C!' le~a\ pu1:suits. . A vigorous personahty, mdustr1ous, ambitious and mentally caP,able of reaching the heights of success. SEPTEMBER 16 Your best field of endeavor will be in the scientific field, either in actual investigation or in cataloging or editin!l" the investigations of ethers. You have an open, receptive mind but are not easily imposed upon. Page 491 SEPTEMBER 17 You have a dual personality, for while you enjoy being before the public eye, at the same time nothing affords you more pleasure than your home, o-n which ycu lavish much artistic taste. Do not forget the practical things. SEPTEMBER 19 T,,dications are that you have marked ability as a writer, therefore, you •no lei follow these lines which enable you to give scope to these talents. Try not to give so much thought to yourself, but to your, wo1-k. SEPTEMBER 21 S:·ccess for you will be obtained through positions of trust and you would do well in handling large sums of money, for you would place your employer's welfare above your own. Culth·ate your natural ability soon. SEPTEMBER 23 Th"s day's child is inclined to be a sp•ndthrift and should at all times attempt to conquer his wish to spend. Avoid gambling as you are not particPlarly lucky. Exercise that high intell" gence with which you are gifted. SEPTEMBER 25 You will succeed by following a line which requires musc,,lar activity. Try to strike a happy medium in your training between physical and mental routine. You can be of great assistance to those less fortunate. SEPTEMBER 27 Children of today frequently find themselves having affaires d'amour. To be happy they must always be "in love." If their financial condition permitted they would be great philanthropists. .SEPTEMBER 29 Yours is the serious, scientific nature. You prefer the c.ompany of yourself to others, and frequently isolate yourself from the intrusion of outside distu1 h. ances. Have much compassion for the weakness of hutnan . nu tu re. SEPTEMBER 18 You have the "collrat..te of your c::,nvictions" and this same spirit will stand you in good stead to achieving that goal toward which you are working. .You will be a go·:d executive as you have ail ability fo·r detail and diplomacy. SEPTEMBER 20 You are by nature very industrious, and will be very successful through your wcrk. You are inclined to place too low a value on the friendship of others, being so absor~ed in your work. Live more out of doors. · SEPTEMBER 22 If this is your birthday, you are ·incl"ned toward the sericus side o-f life. You i·ealize the weakness of human nature, are sympathetic toward your fellowm•·n. b··t at the same time strive to aid the!'"' toward a higher life. SEPTEMBER 24 Child1:en of this day should not trust quite so much their f'-'1Jowmen DP .... ..,, ·t:'l question. Don't quickly accept others' beliefs unless you are convinced that they' are right for you, else you may come to grief. Be cautious. SEPTEMBER 26 Those whose birthday is today will be successful in work of a pioneering nature. They make good promoters. They have vision and can instil their enthusiasm into others. Should succeed as adventt:rers. SEPTEMBER 28 - To a child born on thi1t _,i,.y :f:o..tthu'!e is kind. It sPems ~l!SS greets . ~1r every effort. _ 'l'l•.~Y have natural ab1hty along so _JP«1ly Imes. They are happygo-luM,° and their motto seems to be: Let George do it. SEPTEMBER 30 Great lover of nature, and will succeed in any line of endeavor that brings him in contact with the arts. Lucky. Shorld hP decide to go ito a bu~iness partnership, he s-hou!d choose fo1· his partner one· with practical ability. "Luck means the hardships a,;d privations which you have net hes!tated to endure; the long nights you have devoted to work. Luck means the appomtments you have never failed to keep; the trains you have never failed to catch.'_' -MAX O'RELL. Page 492 '!'HE LOCAL GOVER~M:E:NT REVIEW