The Local Government Review

Media

Part of The Local Government Review

Title: The Local Government Review
Issue Date: Volume I (Issue No. 12) December 1949
Year: 1949
Language: English
Rights
extracted text: The LOCAL GOVERNMENT·REVIEW A71proved by the Secretary of Finance, the Director of Public Schools. the Director of Private Schools, t he Director of Public Libraries and the Department of the Interior. """"""""""'"""'"""'""""""""" "'""'""""'"""""""''"ll""""'""""'"'"""" "'m"''"'""'""'""""'"""'"""""'"""'"';u111mu11111mtu1111mm11m111tn11110111111111 u111 """""""""""""""""""""""'"'""""""""'"'"""'"""" "'' "'""""""""'""'""'""'",,;"'"'""""""""""1111<1111u1111111n111rnu111111m11111H11u111111111111111m11111u:im1111mu11m11u1111m1u11111t:m11rnu1111111mu1111um111111H1111111111u111111m11111111u1o1111111111111"""""""'""'"""""""""""i;""""""""""'~ VOL. I NO. 12 DECEMBER, 1949 ONE PESO "'""""'""""""'""'"""""'"""'""""'""""""""""""'"""'""""""""""'""""""""""''""'"""""""""""'"""'""""""""""'"""" "'""""'""""""""'""'"""'"""" """"""'"""'""""""""''"""'""""""""'"'"""1"'1 1111111 ""'"'"'"'""""'"""""""""""""""""'""""'"""""'"'"""'"'"""'"'""'"""""'""'""'""''"""'""""'""""'""'""""""'"""""'""'""""""""'"""""'"""""""""'"""'"""""'"'"'""'"""""""""'""'""""""""'"'"""'"'"'"" PETRA 0. RIVERA JUAN F. RIVERA G. L.CANLOBO Business Mana,qer Editor Advertisinq Manaqer GOVERNORS. MAYORS. TREASURERS, A f!D!TnRS. F!SCA LS D/VIS[()N SUPERINTENDENTS OF SCHOOLS. DISTRICT FNf:TNf:ERS. DISTRICT HEALTH OFFICERS, A.ND AGRICULTUR.4L SUPERVISORS - Contributing ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~~~::::~:~~"'"': ;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: TEN COMMANDMENTS FOR MODERN PARENTS 1. Give your children the support of love and confidence. with apnrecia·· tion of the individuality of each. This will provide for them a firm foundation of faith in you, in themselves and in life. 2. Plan for good times with your children and try always to realize how things seem to a child. This will create a pleasant home atmosphere and a nattern for happy family life. 3 . Give your chilclren a share in thP. tasks, plans anrl creative activiti"" of the home. Through taking rP."nonsibilities in accordance with their strength they will grow in character and increase in resourcefulness. 4. Look for good which vou can praise more than for faults which you "1ust condemn. Children genero1mly encoural:!ed try to improve still, more, but those too much condemned lose heart and expect little good of themselves. 5. Value curioHitv in your children and sitmulate in them thP love of all thiniss true and beautiful. By rewarding their inquiries and developing their appreciations you inspire them to a larger growth. 6. Teach your children to convert obstacles into opportunities. Strength develops by firm purpose and by creative conquest of difficulty. 7. Develop in yourself such qualities as you want your children to have. Honesty, considerateness, courage - such virtues come mainly by example and contagion. You want vital growth not mere conformity. 8. Share with your children in. the fellowship of the church. This will give them the sustaining strength of, a community of faith and love which extends across the ages and embraces all peoples . . 9. Lead your children into faith in God through discipleship to Jesus Christ that they may be worker,; with God in overcoming evil and promoting the good. This will be aided by thought-sharing religious interpretation and worship in the Home, and by living in the great purposes of the kingdom of God. (Mrs.) TRINIDAD F. LEGARDA · . Chcdrman, Home Day THE LOCAL GOVERNMENT REVIEW is published monthly by Mrs. Petra 0. Rivera with Atty. J.uan F. Rivera, Chief of the Provincial Divis.ion of the Department of the Interior, as the Editor. Entered as second class mail matter at the Mamla Po•t Office on January 24, 1949. SUBSCRIPTION RATES .PER ANNUM-Regular !'12; Svecial !'10 for the national anr1 loral governments, schools and libraries, and for government employe. es. and students; F oreign countries-double dornestic rates. BUSINESS OFFICE :-Corner 50 Laon,L;ian and 83 Demetrio Tuazon Avenue, Sta. Mesa Heights, Quezon City. . PRI NTED BY BUSTAn1A.NTE PRESS, 22 Espai'ia Extension, Quezon City DECEJ.li)3ER, 1940 ?age 589 EDITORIAL THANK Y O U by the Editor This nurnber completes a year of pioneering publication ,qr,rvice in the field of local government in the Philippines. It has been a serv{ce accompanie'd by courage, faith, a little pride, and (1, purpose. That we have acc01nplished something indi.cative of .a dynarnic pur:pose is shown by the early approval given to this ma: gazine by the Department of the Interior, by the Department of _ . ,,.,.., Finance, by the Director of ·1 Public Schools, by the Direc. tor of Private Schools, by the . ~· Director of Pitblic Libraries, · and by more than two thou.. .qand five hundred provincial, city, and municipal official;,; who have responded to the . urge of a publication service · · · such as this one that, in the words of His Ex.cellency, the President of the Philippines, "can distill practical knowledge and wisdom out of the experience of our local administrators and contribute substantially to good government and good citizenship.'" Thanks are due to ·all these authorities and officials. THE EDITOR We are grateful to Provinnow in the University of Wisconsin Graduate cial Governor Jose U. del GaSchool a~ pensionado of the R epublic of the ll of Cam · S p r Philippines on "Municipal Government Admi· . eg.o arines ii:r? r01 - nistration" 1.ncial Governor Emilio Naval of Bataan, Provincial Governor Perfecto Faupon of !locos Sur, Provincial Governor Cesar NepomucetJ,o and Provincial Secretary Ramon H. Villamin of Marinduque, Provincial Governor Gedeon Quija,no of Misamis Occidental, and Mayor Rienvenido Marquez of Padre Burgos, Quezon Province, for their financial support of this ventur~. The interest .riianifested by all the other Provincial Governors and all the Provincial and City Treasurer;,; in bringing home to their colleagues. and personnel the impor1-See Message of President Elpidio Quirino at page 3, Vol. 1, No. 1, L.G.R. 2-From the essay, "Study of Public Administration" by Woodrow Wilson, 2. Pol. Sci. Q. 197 ( 1887). 'age 590 P!';CEMBER, 1949 tance of this magazine in the discharge of their duties and functions has been gratifying indeed. The support that came spontaneously from nearly a~l municipal mayors and municipal treasurer, from a yood numb~r of Superintendents of Schools, Provincial Fiscals, City Attorneys, District Engineers, Provincial Auditors, Judges of Courts of First Instance, Municipal Judges, Justices of the Peace, District Health Officers, and Agricultural Supervisors, and from ?nany municipal councilors, municipal secretaries, and policemen speak well of the reception met by the 'The Local Government Review in the di.ffennt sections of the Philippines, for which we are certainly glad. It has been an inspiration to us to have received the patronage of the Archbishop of Cebu, of severai Mother Superiors, of ?nany principals of schools and directors of colleges, of some heads of libraries, of ce?"tain Consuls of foreign countries, and of hundreds of high school and collegiate students, businessmen and private citizeni;. Our hats off to all. It is satisfying to know that after all there are groups in our country who watch over the public service, who study and learn the .feasibility and wisdom of official doings, and who follow the development of public policy in relation to the governance of local affairs. We are confident that the continued support and patronage of all the foregoing subscribers will encourage us "to stra'ighten the paths of government, to make its business less unbusinesslike, to strengthen and purify its organization and to crown its duties with dutifulness.'" In pursuing these ends, we wi'.ll find strength in the fact that we have secured the cooperation of the American Society for Public Administration in the United States, in which we have been honored with membership, by granting us authority to reprint in the The Local Governmen L Review articles from its Public Administration Review which may advance public management in the Philippines. We assure our reading public that we are prepared to furnish them with adequate and current information about the local governments and their administration, to assist them in foreseeing problems and plarining .future programs, to protect the citizens against hasty or ill-considered actions, and to guide them secure means of ensuring compliance with established policy and official duties. THE OLD AND THE NEW It is done, all the year could do for us, Its mixture of shadow and sun, Its smile& and its tears, its hopes and its fears, Its labors and duties, all done. 'We stand face to face with the new year, DECEr.rnE!l? 1~4~ Nor know what it hides from our sight; God grant that it be kind to you, and to me, That it lead us in ways that are light The Old amd the New. Page 591 tance of this magazine in the discharge of their duties and functions has been gratifying indeed. The support that came spontaneously from nearly al_l municipal mayors and municipal treasurer, from a good numb~r of Superintendents of Schools, Provincial Fiscals, City Attorneys, District Engineers, Provincial Auditors, Judges of Courts of First Instance, Municipal Judges, Justices of the Peace, District Health Officers, and Agricultural Supervisors, and from niany municipal councilors, municipal sec1·etaries, and policemen speak well of the reception met by the 'The Local Government Review in the different sections of the Philippines, for which we are certainly glad. It has been an inspiration to us to have received the patronage of the Archbishop of Cebu, of several Mother Superiors, of many principals of schools and directors of colleges, of sonie heads of libraries, of certain Consuls of foreign countries, and of hundreds of high school and collegiate students, businessmen and private citizens. Our hats off to all. It is satisfying to know that after all there are groups in our country who watch over the public service, who study and learn the feasibility and wisdom of official doings, and who follow the development of public policy in relation to the governance of local affairs. We are confident that the continued support and patronage of all the .foregoing subscribers will encourage us "to stra'ighten the paths of government, to make its business less unbusinesslike, to strengthen and purify its organization and to crown its duties with dutifulness."' In pursuing these ends, we will find strength in the .fact that we have secured the cooperation of the American Society for Public Administration in the United States, in which we have been honored with membership, by granting us authority to reprint in the The Local GovernmenL Review articles from its Public Administration Review which ?nay advance public manage1nent in .the Philippines. We assure our reading public that we are prepared to furnish them with adequate and current in.formation about the local governments and their administration, to assist them in foreseeing problems and plari,ning future programs, to protect the citizens against hasty or ill-considered actions, and to guide them secure means of ensuring compliance with established policy and official duties. THE OLD AND THE NEW It is done, all the year could do for us, Its mixture of shadow and sun, Its smiles, and its tears, its hopes and its fears, Its labors and duties, all done. 'We stand face to face with the new year, DECEM~E!l-, 1949 Nor know what it hides from our sight; God grant that it be kind to you, and to me, That it lead us in ways that are light. The Old amd the N ew. Page 591 Opinion Of The Secretary Of Justice PLAYING O'F "MAH-JONG" MAY BE RESTRICTED AND REGULA.TED."Sir: This is with reference to you.r request for opinion as to whether or not the game of "Mah-Jong'' may be prohibited under the Gambling Law. ''Gambling' is~ defined as " any game of monte, jueteng, or any ofoer form of lottery, policy, banking, or 1 percentage game; for money or any other representative of value or valuable consideration or thing, the result of which depends wholly or chiefly upon chance or hazard wherein wagers consisting of money, articles of value or. representative of value are made; . . . " (Art. 195, par. 1, Rev. Pen. Code). ''Wlhether or not a particular game is a game of chance or hazard must be determined from the method by which it js played. "In the game of "Mah-Jong" as described by the !Brigadier General, Chief. of the Constabufary, in. his 4th indorsement, dated December 16, 1939, the element of ability and skill in the discarding and taking of the blocks is the predomi.nant factor in order to win the game. It results, therefore, that "MahJong" is a game of skill and not of chance. (See U. S. VIS'. Liongson, 319 Phil., 457, 460.) Nevertheless, cities or municipalities, in the excercise of their police power may restrict and regulate the playing of "Mah Jong" (U. S. vs. Salaveria 39 Phil., 104; see also opinions of the Atty.-Gen., July 11, 1904.; July 25, 1904; October 10, · 1905; and. September 7, 1911; Opinion of the Executive Secretary, July 6, 1909; Opinion No. 273 series of 1937) ." -Letter dated Feb. 14, 1940 of Secretciru of Justice to the Undersecretary of the Irnterior, being Opinion No. 59, series 1940. AiPPOINTMENT OF' LOCAL POLICE OFFICERS NOT SUBJECT TO ACTION OF MUNICIPAL COUNCIL. -"Section 2259 of the Revised Admi-ni1strative Code which, in part, provides that "the Chiei' of Police and other members of. the force shall be appointed· Page 592 by the Mayor, with the consent of the Municipal Council," was impliedly repealed by Commonwealth Act No. 88, which organized and consolidated the police forces in all municipalities and cities into a state Police under the immediate charge and direction of the Department of the Interior. Under Section 2 of this Act, "appointment to the State Police force and removal therefrom shall be made in accordance with civil 1 service rules and regulations, by the Commissioner of. IPiublic Safety with the approval of the Department Head x x x .. " Said Commowealth Act No. 88, however, was. later expressly repealed by Commonwealth Act No. 343, which abolished the State Police force and reorganized the !Philippine Constabulary irito a National Police Force. Does this repeal of Commonwealth Ad No. 88, which impliedly repealed Section 2259 of the Revised Administrative Code, revive the latter? In the case of U. S. vs. Soliman (36 !Phil. 5), it was held that: "x x x when a law which repeals a prior law, not expressly but btv implication, is itself repealed, the repeal of the repealing law revive:s the prior law, unless the language of the repealing statute provides otherwise." Section 6 of Commonwealth Aict No. 343 • pr.ovides, in part: "Upon the approval of this Act, x x x all provincial, city or other local fire and police bodies or provincial guards as may have been wholly or partially removed from the control of local officials by the .provisions of Commonwealth Act Numbered Eighty-eight shalt be reorganized under such regu/,ations governing appointment, organization, and admi.nistration as the corresponding head of department with the approval of the President may prescribe, and returned· to the control, to ·be exercised under the supervision of the corresponding Pepartment Head, of appropriate DECEMBER, 1949 municipal, city and provincial officials". As may be noted above, file appoint· ment of local police officers shall be governed bty such rules and regulations as may be prescribed by the corresponding ¢~partment head, w~th the approval of. the President. In the face of this clear mandate, Section 2259 of the Revised Administrative Code cannot be considered revived by the express repeal of Commonwealth Act No. 88. In conformity with such mandate, the Pres.ident promulgated Executive Order No. 175, dated November 11, 1938, revising the rules and regulations relative to the admini• stration and supervision of local police forces. IPlaragraph 14, of said Ex.ecutive Order, in part, reads: "Hereafter, aµpointments to and promotions in the municipal, city, and provincial police service shall be made in accordance with CivH Servic. e Rules and Regulatiorns by the respective city or municipal mayor or governor, with the a.pproval of, the President of the Philippines, pending the designatio.n of the Department Head, who is to exercise su.pervision over local police force, except in the case of Chiefs of Police of chartered cities which is governed by special provisions. of law." The Secretary of'. the Interior, under Executive Order No. 176, dated December 1, 1938, was. designated as the Department Head to exercise su.pervision over local police forces, as con[emplated in the above cited provision of Executive Order No. 175. It is clear, therefore, that the appointment of the Chief of Municipal Police shall be made, in accordance with civil service rules .amd regulations, by the Municipal Mayor, with the approval of the Secretary of, the Interior. Hence, said appointment is not subject to the action of the municipal courncil.3rd Ind., June 1, 1946, of Sec. ofJustice to the Sec. of the Int. LICENSE TAX MAY BE IMPOS.ED UPON THE OCCUPATION OR !BUSI· NESS OF OPERA:TING !FISHPOND. DECEMBER, 1949 -Opinion is requested on the questio.n of .whether· or not the municipality of Hinigaran, IPlrovince of, Occidental Negros, may legally impose the licernse tax of P3 a hectare on fishpond owners as provided in Ordilllance No. 7, series of 1931, of the Municipal Council of said municipality, taking into account the fact that realty tax is already being collected on the land in which the fishponds are located. The pertinent portion of the ordinance in question reads : "De acuerdo con el articulo 2309 .de! Cod'igo Admini1 strativo . Revisad6, el consejo municipal de Hinigaran, Provincla de Negros Occidental, I. F., por la presente decreta: "'Por cada duefio de vivero de peces pagara• n P3 .anual .por cada hectarea." It is clear that what is imposed by and under the ordinance is a tax upon the occupation or business of operating a fishpond. Con:sequently this Office believes and, therefore, holds that the tax which the ordinance imposes 1s authorized under sectio1n 1 of. Act No. 3422, as amended by Act No. 3790. (See Op. Atty. Gen., Aug.14, 1929.) It is intimated that the imposition of a tax on fishponds, when real estate tax is already being collected on the land whereon the fishpond is located, may amount to double taxation. Such fear, however, 'is unfounded, for these taxes are imposed upon differe1nt species of property and for distinct :purposes. To constitute double taxation in the prohibited sense, the second tax must be imposed upom the scime property for the scime piirpose, by the same state ·or government during the taxing period." (·61 C. J., 137.) Besides there is no double taxation where one tax is impos· ed by the State and the other is one imposed by the city ('Cooley, Taxation, 4th Ed., p. 492.) In view of the foregoing, the undersigned answers the query in the affirmative.-3rd Ind., Feb. 24, 1937 of Undersecretciry of Justice to Aud. -Gen. COOPERATIVE MARKETING AS· SOCIATIONS-ACTrv1 E p ARTTOI. I : .J Paie 593 PATION OF MUNICi!PAL OFlFIClALS lN OkGANllATlON ALLU.WED.-Respectfully returned to the Honorable, the Undersecretary of the lnter10r, Manila, inviting attention to section 22· of Act No. 3425, otherwise known as "The Cooperative Marketing Law" which reads as follows: "SEC. 22. Government officer::; and employees may become officers. -Upon the recommendation. of a !Blurea u chief, the Secretary of the Department concerned may grant written authority to any otticer or · employee of the Philippine Government to take an active part in the organization and operation of any association created thereunder, and to occupy and perfon;n the duties· of any position in the same, out· side of Government office hours, and to receive the salary or emoluments thereof." It is believed that the foregoing provision has not bee•n repealerl or modified by the Constitution insofar as municipal officials are concerned.-2nd Ind., June 17, 1936 of Urz.dersecretciry of Justice. EF,FE\CT CIF F'ISC,<\L YEAR ON SECTION 2309, ADMINISTRATIVE CODE-Sir: This is in reply to your 5th indor~.ement, dated 'Feb. 10 1941, requesting opinion on the question raised by th3 pro\ incial board of Batanga3, as to the effect of Commonwealth Act No. 373 which changed the official fiscal year from Jamuary 1st to December 31st of each calendar year to July 1st to June 30 of the next calendar years. on section 2309 of the Revi'Sed Administrative Cod~ which provides in .part that "a municipal license tax already in existence • shall be ,,subject to change only by an or.dinance enacted prior to the fifteenth of December of a·ny year for the next succeeding years." Municipal license taxes accrue on the first of January of each year ais regards persons then liable therefor (Sec. 2310, Rev. Adm. Code). Bearing this fact in mi•nd, it becomes obvious that the intention of the first sentence of. Section 2309, quoted above, is to afford person8 affected by the tax sufficient notice of Page 594 the modification in the license taxes which are . imposed upon them, and a reasonable opportunity to prepare for the payment of the same. The refe· rence, therefore, to the "next succeed· ing year" in said provision, is none other than to a caiendar year which commences on January first. To hold that the phrase refers to the official fiscal year as prescribed in Commonwealth Act No. 373 would mean that no change in an existing municipal .license tax may take effect except after six and a half months from the date of its enactmeut. Such a construction would be detri-· mental to pubiic interests. in its effects, absurd in its implications, a1 nd could not have been iii.tended (See Sec. 2230, Rev. Adm. Code). Commonwealth Act No. 373 applies "wherever in any law of the Philippines any word or expression is used which hitherto has been construed to mean or to refer to a fiscal year ending with the thirty-first day of December (See. 2). It is not intended to affect all other dates or periods previously fixed by law having reference to the calendar year. Thus, on a previous occasio• n, I gave the opinion that the said Act has not affected the provisions of Sections 2-002 and 2022 of the Revised Administrative Code i•nsofar as those sections refer to the calendar, as distinguished from the fi:scal year. (Op. No. 97, series 1939). Similarly, it might be mentioned that tax laws enacted by the National Assembly :subsequently to Commonwealth Act No. 373 invariably fix the accrual of the taxes on the basis of the calendar, and not of the fiscal .vear (See Com. Acts Nos. 465, 466 and 470). I am therefore of the opinion that Commo•nwealth Act No. 373 which changed the official fiscal year did not affect the provisions of Section 2309 of the Revi1 sed Administrative Code.L etter datBd Feb. 21, 1941, of Sec. of Justice to the Actifn.g Prov. Fiscal of Batangas, being· Opinion No. 55 Series 1941, Sec. of Justice. RETIREMENT UNDER PCT NO. 4183 SHOULD ARISE /FROM A RE· ORGANIZATION OF THE SERVICE. DECEMBER, 1949 -Sir: In reply to yours of September 24, requesti·ng my comment and recommendation on the interpretation and application of Act No. 4183, as amended by Commo•nwealth Act No. 623, in relation to the proposed retirement of Mr. Sisenando Ferriols, Administrative Deputy in the office off the lf'rovincial Treasurer of iBatangas, I beg to say: Section 1 of Act 4183, as amended by Commonwealth Act No. 623, provi· des : "In order to grant a gratuity to provincial, municipal and city officer and employees who resign or are separated from the service by reason of a reorganizcition thereof, the1 provincia,J, bparc'(;; mun~cipal and city boards or councils may, with the approval of, the Secretary of the Interior, retire their officers and e.mployees, granting them, in consideration of satisfactory service rendered, a gratuity. . . . " Series 1940. Referring to these pr9visions, as well as to Act No. 4270, authorizing the retirement, under similar conditions. oi officers and employees of the City of Manila, this Department has consistent· ly held that the retirement gratuity provided in said Acts "may be demanded only if the claimant 'isi retired or separated from the service as a result of the 1:eorganization" of the Joc;al\ gove,l'nment. (Op. No. 150, series 1941, O.p. No. 4.6, series 1939, of the Sec. of Justice.) Thus, in one case this Office stated: "Having been separated from the service )ly his death which took 1 place before the approval of Commonwealth Act No. 623--and not by the reorganization of the Government of the City of Ma·nila, Mr. Revilla is not entitled to the retirement gratuity provided in said Act .. " (Op. of Sec. of, Justice, July 15, 1946; underscoring supplied.) You state that in aipproving Act No. 4183 the then Governor General laid .down the policy that no local official or employee shall be allowed to retire DECEMBER, 1949 unless his position is abolished and that no position so abolished shall be recreated, and cautioned against the conversion of the said Act into a pension Jaw, inasmuch as this legis.Jation was. passed apparently for the pu.rpose of facilitating the reorganization of. the local governments with the retrenchment po· !icy in view. Comformably to that .policy and to the opinions of this Department herein before mentioned, I recommend that no provincial, municipal, ·or city officer or employee be retired with gratuity unless his retir~ment or s.eparation from the service should ari1 se from or shoulci be. come necessary by reason of a reorganization of the service.-Letter dated Oct. 16, 1946, of Sec. of Justice to the Chief of the E xecutive Office. U N A U T H 0 R I Z E'D USE OF SCHOOL BUILDING AND PRE· M1'SES.-Sir: This is with reference to your letter of May 4, 194.0, wherein you request my opinion as to what action may be instituted against the unathorized use of school ·buildings a·nd pre· mises by the Socialists of Pampanga. Thio; Department has already held (!Opinion of the Sec. of justice, 1Feb. 3. 1938) that the unathorized entry by a private individual into properly closed school building constitutes a violation of Article 281 of the Revised IFle• nal Cod11 which ~unishes as guilty of tresi pass to property any one "who sl}all enter the closed premises or the fenced estate of another while either of them is uninhabited, if the prohibition to enter be ma· nifest and if the trespass has not secured the permis1 sio•n of the owner or care· taker thereof." The term "premises" has been held to mean "buildings" (49 C. J. 1328, sec. 3). In view thereof, I am of the opinion that prosecution would lie against the offending parties for violation of the aforementioned Article provided the prohibition to enter was manifosf and the authority and permission of the division superintendent of .schools was not secured (See Sec. 605, Service Manual [1927], !Bur. of Education).Page f.93 Culture Of Vegetables, Prepared. By The Bureau Of Plant Industry Ampalaya.-Ampalaya grows on ordi· nary garden soil, but thrives better on a soil rich in humus. Plants 4-5 seeds per hill 5 cm. deep in rows 120 cm. apart and 80 cm. ~etween hills in the row. Later on thin the plants to 2-3 per hill. Provide trellis for the rainy season crop; the dry season plants, how ever may be allowed to creep on the ground. Cultivate with hand tvol or :mimals.·drawn cultivator- when the vines begin to climb or creep, as the case may be, and plow between the rows a week later. A hectare of land requires about 6-S kilos of seeds. Batao._:_Batao succeeds on OI'(linary garden soil, but grows best on loam soil. Beans (:Bountiful an·d Kentucky Wo: nder) .-P~ant these beams during the cold season from October to November or later during the rainy season. The seeds should be sown direct in wellprepared furrows, about 80 cm. to 1 meter apart in the case of field planting. For backyard planting, the soil should be well dug and pulverized. Under bbth conC')itions, the d1 'stance of planting should be 50 cm. apart, depending upon the richness of the soil and the method of cultivation employed. 'Wleeding and cultivation are done when the weeds begin to appear and every now and then befor·e the plants begin to bloom. The Kentucky Wonder needs trellis, while the Bountiful can be grnwn without trellis or pole. Usually, from 6 to 8 k1 ilos of seeds are needed to plant a hectare and form 2 to 3 seeds are allowed per hill. Cabbage.-The soil and cultural requirements of cabbage are :s.imilar to those of pechay. The distance of planting should be 70 cm. by 60 cm. Dressing w,ith 250-300 kgm. of ammonium sulphate is necessary. Early measures for the prevention of insect and disease attacks should be taken. Chayote.-Plant the chayote fruits on seedbed. After about 3 weeks transPage 596 plant them in the field at a distance of 2 m. by 2 m. Provide lattice or trellis for the vine to climb. The fruits may te harvested in 3 months or .so from planting. Thi.s vegetable is best grown in cold regions. Cowpeas ..... Cow.peas succeed well on we!l-dra.ined loam or clay loam soil. Plant the seeds in a thoroughly prepared land in -rows 30-50 cm. apart in the row. Cultivate the field when the plants are about 30 cm. high with a 5-tooth cultivator and plow between the rows after a week or so. Ai hectare of land require.3 7-9 kilos -of seeds. Eggplant.-A r1 ich soil or one that is light, .porous, fertile and well drained, is b12tter for eggplant culture. Sow the seeds in the seedbeds or seedboxes, cover with fine sandy :soil, and then water sufficiently. About the fifth day after germination, prick the plants in another .seedbed. In about one month from pricking transplant in a well-prepare.d plot or field at 60 cm. by 80 cm. CuL tivate, weed, and water occasionally. If the plants grow stunted, apply a liberal amount of well-rotted manure or nitrogenous fertilizer. The seed requirement per hectare is 500-700 grams. Garlic.-Plant direct in a thoroughly prepared field with a sandy loam or clay loam soil. Use the small-sized bulbil:s as planting material. Plant the seeds in rows 30-40 cm. apart and 10-15 cm. between hills in the row. Set the bulbils with their tips above the surface and press the soil gently around the base. Weeding, cultivation, and regular watering should be done, with application . of fertilizer during the growing 'Period. Allow the bulbs to mature in the field before harvesting for drying and curing. Kibal.-This legume does well on loam or clay loam soil with good drainage. Plant in hms 80 cm. a.part in the row and one meter apart between rows at the rate of 3-4 seeds per hill. Allow DECEMBER, 1949 the plant to creep on the ground. Cul~ tivate with a 5-tooth cultivator or hand tool when the p;ants are about 20 cm. tall, and plow between the rows a week or so thereafter. To plant a hectare of land, 6-7 1 kilos of seeds are needed. Lettuce.-Same as mustard. Planting should be in dril1s or holes, either by directly sowing or by trans.planting the seedlings. Transplant at a distance of 20 cm. by 30 cm: Mustard.- Same as pechay. Onion.- Onion thrives well on any kind. of soil with sufficient supply of moisture and good drainage, but a porous, mellow arid friable soil with an adequate supply of available plant food is ideal. Onion (big bulb) is usually propagated by seeds. A hectare of land requires 3-4 kilos of seeds. The distance of planting is 15-20 cm. in the row, the di.stance between rows or ridges for single~double-row system being 40-50 cm. for hand cultivation, and the distance for animal cultvation 60-80 cm. The seedlings are transplanted at the age of 5-7 weekis. The plants should be cultivated whenever necessary. 1 Watering should be more frequent in the light, sandy soils than in heavy or clay soils. Rice paddies may also be 1 planted to onions after the rice crop has been harvested by cutting the rice stubbles close to the ground and by using straw (7-10cm. in thickness) as mulch to minimize the use of irrigation water and to con· trol the growth of weeds. The crop matures in 3-4 months after transplantin(!. Matured bulbs are recognized by their shriveled tops or softened necks. Native onion.-Same as garlic. Patani.- 1 Patani grows on well-drained ordinary garden soil, but thrives hest on rich loam or clay loam ~oils. Prepare the .]and and plant in furrows 1-1.2 m. apart each way. P'rovide siakes for support. Weed and cultivatt) 0ccasionally. Hill the rows of plants before puttinl! trP.llis. A hectare of land ref!Uires 5-6 kilos of seed. Patola.-Patola p,-rows. best on welldrained clay loam 1soils. althoul!h ordinary garden soil if well-drained will also DECEMBER, 1949 do. Plant in hills 1-1.5 m. apart. Weed the field whenever necessary. In field planting during the rainy season crop should be proviued with trellis. About 6-8 kilos of seeds are needed per hectare. Pea,s.-Plant peas direct in furrows 80 cm. apart and 50 cm. between hills in the furrow. Cover the seeds with fine soil about 5 cm. thick and press them lightly so foat the soil will be compact about them. As the seedlings develop, hilling should be done around the 1 plants When the vines begin to form provide trellis between every two rows for· the plants to climb over. Keep the soil well cultivated and irrigated. A void the use of too much nitrogenous fertilizers to obtain a high yield of pods. 'Planting ~hould be done during the cold season ('November to January). The crop is ready for harvest in 2 months or so from planting. A• round 6-8 kilos of seeds are n·eeded for 1 hectare. Pechay.-For pechay culture, a rich and well-drained soil is .preferable. Beds in the open garden must be raked or the soil 1 sifted until it is worked into a fine tilth. Mix thoroughly rotted manure before planting. Either broadcast or drill in furrows in a we!Lprepared land or in seedboxes under halfshade. Transplant in a bed 50 cm. by 1 m. at 40 cm. bw 30 cm. iW.eed and cultivate regularly with a hoe or plow. A regular application of. nitrogenous fertilizers at the rate of 300 kilos of ammonium sulphate per hectare twice a month 1 should be made. '.Wutering should be done every day during dry w<:ather. The seedage per hectare is 0.8 to 1 kilo. Radish.-Radish thrives best on rich, well-drai ned loam soil with an ample supply of moisture. Drill thinly in shallow furrows and cover very lightly with fine soil. Planting should be about 20 cm. by 50 cm. Ridge the soil along the rows if big roots are d2sired. Radi~h muot have ample moisture, otherwise the roots will be tou.gh and stringy. Cultivate and weed occasionally, · Matures in 20-50 days from planting .. · A hectare of land needs 14-20 kilos of Page on seeds. Sitao.-Sitao thrives on well-drained garden soils but a rich loamy soil iS to be preferred. \P[ant 3-4 seeds at 1 m. by 0.75 m. and later on thin to 2 plants. A:bout 5-6 Kilos of ,seeds are needed per hectare. Pole the rainy season crop. The dry season planting may be allow_ ed to creep on the ground. 'When tne plants are about 20 cm. high, cultivate and weed them with a hoe or a 5-tooth cultivator. A week thereafter ridge the soil at the base of. the plants. Squash.-Squa.sh grows best on well, drained and rich loam soib. Plant 3-< 1 . seeds per hill at· 1 m. by l.5m., and later on thin to 2 plants, which should be allowed to creep on the ground. About 4,5 kilo~s of seeds are nEede\] to plant a hectare of land. Segiiidillct,S.-Segui.dilla1 s succeed on ordinary soil but a loam soil i's to be preferred. IHant in hills 1 meter apart in the row and 1.5 m. between rows, at the rate of 2-5 seeds .per hill. Provide poles or trel lis to support the plant. A hectare requires 6-8 kilo1 s of seeds. Talinum:- Talinum .can be grown both from cuttings an d o:eeds, but cuttings are preferable. It will grow on · any kind of well-drained soils 'but a loamy soil is preferable. Prepare cuttings l 0-15 centimeters long and 1 plant in well-drained land at 40 cm. by 60 cm. The first crop may be harvested in two · weeks or so after planting. Tamilan.-This legume requires a well-drained loam soil. lflrep·are the land .properly and plant 4-5 seeds per hill 40-50 cm. apart in the row and 60 cm. apart between rows, or d.rill thinly in well-ureuared furrows 70-80 cm. apart. Weed ·,cultivate occasionally, and water. IWlhen the vines are formed. hill the rows of the plant. About 5-7 kilos of seeds are needed to plant a hectare. Tomatoes.-The soil and cultural reouirements of tomatoes :i.re similar to those of egg-plants. Abont 300-400 grams of seeds: are necessary to plant a hectare. The distance of planting is 50 cm. by 80 cm. Upo.- Same as squash in field .p!antm.g. Page 598 Beautiful fVords for Christmastide EXTENSION OF REMARKS of HON. MAURICE J. SULLIVAN of Nevada IN THE HOUSE OF REPRESENTATIVES Tuesday, December 19, 1944 Mr. SULLIVAN. Mr. Speaker, under leave to extend my remarks in the RECORD, I include the following letter published in the Washington Star . of December 13, 1944: To the EDITOR OF THE STAR: The following lines were written by Fra Giovannni in 1513: "I salute you. I am your friend, anu my love for you goes deep. There . is nothing I can give you which you haVP. not got; but there is much, that while I cannot give it, you can take. No heaven can come to us unless our hearts find rest in today. Take heaven. No peace lies in the future which is not hidden in this precious little instanl· .. Take peace. The gloom of the world is but a shadow. Behind it yet within our reach is joy. There is radiance and glory in the darkness, could we but see, and to see we have only to look. I beseech you to look. "Life is so generous a giver, but we, judging its gifts by their coverings, cast them away as ugly or heavy or hard. Remove the covering and you will find beneath it a living splendor, woven of love, by wisdom, with power. Welcome it, grasp· it ,and you touch the angel's hand that brings it to you. Everything we call a trial, a sorrow, or a duty, believe me, that angel's hand is there; the gift is there, and the wonder of an overshadowing presence. Our joys, too: Be not co11tent with them as joys. They, too, conceal diviner gifts. "Life is so full of meanings and purpose, so full of beauty beneath its covering that you will find earth but cloaks your heaven. Courage then to claim it; that is all. But courage you have; and the knowledge that we are pilgrims together, wending through unknown country our way home. And so at this Christmas time I greet you. -FRED E. THOMPSON. DECEMBER, 1949 EXECUTIVE DETERMIN.4,T/ONS MUNICIPAL COUNCILORS, ACTUAL AND NECESSARY EXPENSES OF.-The last paragraph of Section 2187 of the Administrative Code provides that "when absent from their permanent stations on official business other than attendance at the session of the council, vice-mf!yor and councilors shall be allowed their actual expenses of travel with the approval of the provincial governor." Under this provision of the law, municipal councilors may claim actual al}d necessary expenses, incurred in connection with the inspection of their district if the places visited are other than the location of their official residence.-lst Ind., Oct. 31, 1947 of the Under-secretary of the Interior to the Municipal Council of Hinatuan, Surigao . . ....... . ... . . MUN IC IP AL LIBRARY, REQUIREMENTS FOR THE EST ABLISHMENT OF.-The amount of 1'5,000.00 asked by the Municipal Council of Bacuit, Palawan in its Resolution No. 40 for the construction of a library building and for the purchase of good books and other good reading materials, if granted, will sufficiently meet the requirements of this bureau for establishing a Municipal Library. Under the said requirements, a municipality desiring to have a Municipal Library has to provide, among others, the following: (1) a building or room appropriate for library purposes, (2) at least 1"200 with which to subscribe newspapers and magazines, (3) a Library Custodian, ( 4) at least a long reading table with chairs and (5) bookshelves. On the part of this bureau, books, printed forms, technical assistance, etc. are given to operate the Municipal Library. Ordinarily, this bureau provides from 100 to 300 books acquired by purchase if the municipality has at least 100 books of its own. Publications a!'.quired free by this bureau are also furnish~d depending upon the capacity of the bookshelves placed by the municipality in the library. In several casas, this bureau ha·s • provided up to 500 each of these free books to Municipal Libraries. As may be noticed from the requireDECEMBER, 1949 rnents under Municipal Library, there is no specific amount for library bu_ilding and for books. For the establishment of a Municipal Library, this bureau will be contented if its requirements are complied with by the mumcipality concerned.-3rd Ind .. Dec. 14. 1948, of Di?". of Public Libraries to the Sec. of Education. C 0 N 8 T R U C T I 0 N OF TOLL BRIDGE BY PRIVATE INDIVIDUAL NOT AUTHORIZED BY LAW.-This Office is. not aware of any provision of law which authorizes private individuals to construct temporary bridge on any navigable waterway and to collect from the traveling public tolls for the use thereof. On the other hand, atten· tion in this connection is invited to the provisions of Section 2.102 (g) of the Revised Administrative Code which makes it a duty of the Provincial Board to order, in its discretion, upon the recommendation of the District Engineer, the construction, repair, or maintenance of roads, bridges· and ferries and the making of provincial public works and imnrovements in accordance with law. Tn view of the foregoing- this Office does nnt see its way clear to recommeTJrl favnrablv ihe withiri petition.-·· .1rd Ind., Dec. 3. J.9UI, nf Dir. of Pnlilic Works to Sec. n( Pv.IJ. Wm·ks rind Cnmr>1,1;,nicritions; B. P. W. File No. 403.1 2 Occ. N egros. MUNICIPAL AID FOR ATHLETIC MEET.- ... upon the recommendation of the Secretary of the Interior, the appropriation of the amount of 1"20~ as aid of that municinality to the provmcP. in connection with the Bicol Athletic Meet, is herehv approved under the provisions of Section 2248 of the Administrative Code, provided that full provision has been made for all essential services and mandatory obligations of that municipality in accordance with the provisions of Section 4 of Republic Act No. ?.04.-Letter dated May 30, 1.949, of Und1<rsecretnry of Finance to Mun. Covncil of Ca•i.aurnn. Sorsoqcm. RENTALS ON FOREST LANDS NOT LAND TAXES.-The Commonwealth Act No. 703 of November 1, Page 599 1945 provides, among other things, the remission of land taxes due and payable for the years 1942, 1943 and 1944 and 50% of the tax due for 1945. But rentals on forest lands, fixed by Forest Regulations promulgated by the Department Secretary under Section 79 (b) and 1817 of the Revised Administrative Code are not, this Office believes, land taxes. The payment of rnntals is one of the prerequisites to the issuance or renewal. of special use permits or leases by this Bureau and obligation to pay such rentals arises for a contract or agreement embodied in said permits or leases. In view of the above, the condonation of land taxes referred to in the basic communication does not apply to rentals on Nipa-bacauan plantations under Bureau of Forestry permits and the collection of the unpaid rentals corresponding to the enemy-occupation period is in order according to the opinion of the Auditor General, dated December 7, 1945.-Srd Ind., Oct. 30, 1946, of Dir. of Forestry to Sec. of Agriculture and Commerce; Conciirred in by the Department' of Agricultiire and Commerce in its 4th Ind., Nov. 2, 1946-Editor. POWER PUMPS FOR IRRIGATING RICE· FIELDS.-One of the means of solving immediately the country's recurrent rice shortage is the use of irrigation pumps. With the use of power pumps for irrigating rice fields, immediate results are not only possible but very probable. While funds have recently been released for the repair of damaged irrigation systems and the construction of new ones, yet results thereof cannot be expected immediately. ' The communal irrigation systems us- · ing power pumps in the Province of Rizal in which the P ACSA has extended financial assistance, have so far been a success. If similar systems could be installed in other municipalities with the financial assistance of that Office. it is believed that the project would likewise be a success and the farmers benefited thereby.-From letter dated Jun~ 8, 19.49, of Undersecretary of ·Agriculture and Natural Resources to the Chairman, Pre.qident's Action ComPage 600 mittee on Social Amelioration. PER DIEMS OF COUNCILORS MAY BE PAID ONLY FOR REGULAR SESSION ACTUALLY ATTENDED.-In its accompanying Resolution No. 3, current series, the Municipal Council of Dapitan has requested that the vice-mayor and councilors of said municipality be allowed to claim payment of per diems for attending the regular session of the Council, which, because of lack of quorum, has not been held. Pertinent portion of Section 2615 (f) of the Administrative Code provides the following: "The Municipal Council of a municipality of specially organized province or of a municipal district of any province may, with the approval of the Provincial ·Board and the Department of the Interior, grant to the vice-mayor and each councilor a per diem not to exceed two pesos for each day of regular session of the Council actually cittended by them." From the foregoing provisions· of law, it is c> ear that no payment of per diem to the vice-mayor and municipal councilors can be made without any session having been actually attended by them. In view thereof, it is regretted that the within request can not be favorably considered by this Department. - 2nd Ind., June 11, 1949, of Sec. of the Int. to Provincial Board of Zamboanga. M E M B E R S OF PROVINCIAL BOARDS, CITY AND MUNICIPAL VICE-MAYORS AND COUNCILORS ENTITLED TO HOLD . FIREARMS UNDER CERTIFICATE OF REGU::lTRATION.-There is quoted hereunder for the information and guidance of all concerned, an excerpt from the 2nd Indorsement dated May 24, 1948, of the Office of the President: " * * * members of provincial board. vice-mayors and city and municipal co.uncilors are hereby authorized to possess fire-arms on certificate of registration during their term of office subject to the conditions that firearm applications of these officers are made in the regular form -and requirements relating to character and other qualifications are strictly complied with." Under the rules, as amended, thereDECEMBER, 1949 fore, (please see Par. 25, Circular No. 16, dated February 19, 1945, Military Police Command and Department of the Interior Unnumbered Provincial Circular dated April 11, 1947) members of provincial boards, city or municipal mayors, vice-mayors, councilors and barrio lieutenants and municipal treasurers, desiring personal firearms for use in the performance of their official duties shall . submit, thru the proper Department Head, the necessary application to purchase firearm if still they have none, to the Chief of Constabulary, for approval. Having purchased the firearm, certificate of registration shall be issued by the Provincial Commander concerned.-PROVJNCIAL CIRCULAR (Unnumbered), dated June 18, 1948, vf the Undersecretary of the Interior. CONSTRUCTIONS OWNED BY FOREIGN GOVERNMENTS SUBJECT TO BUILDING ORDINANCES; INSPECTION FEES MAY BE COLLECTED.-Under query (a), information is requested on whether or not building constructions owned by the United States Government within the City of Manila are subject to the requirements of city building ordinances. This Department is of the opinion that, in the absence of specific provisions of Jaw or treaty authorizing exemption therefrom, they are undoubtedly subject to the requirements of municipal regulations or ordinances governing building constructions within the city limits of Ma,nila, which are designed for the protection of the general health, safety, order and welfare of the community. While it is true that foreign gvernments and their agencies and instrumentalities enjoy certain well-dP,fined privileges and immunities from the jurisdiction of the territorial government, it is likewise a generally acc.epted principle of international law that the enjoyment of these privileges and immunities imposes upon them the obligation and responsibility of according scrupulous regard and obedience of the laws and regulations, both national and municipal, of the local government, which have been established in the interest of public health, safety, order and general welfare of the inhabitants withDECEMBER, 1949 in its domain. Paragraph l, Article III, of the Consular Convention which grants to the United States the right to erect buildings that it needs "subject to local building regulations," is a recognition of this principle. · Queries (b) and ('c) are also answered in the negative by what has already been said in the previous paragraph. While taxes, in the proper sense of the term are not to be imposed upon the United States Government in respect of land or buildings acquired, leased, or occupied by it, inspection fees which are in the nature of assessments for services rendered may be collected in view of the· provisions of Article III, paragraph 2 of the Consular Convention with the United States.-4th Ind., Sept. 4, 1947, of Undersecretary of Foreign Affairs to the City E'ngineer of Manila; File No. 27401. HIGH SCHOOL SITE, FACTORS TO BE CONSIDERED IN THE SELECTION OF.-In the choice of a high school site, the following are some of the important factors to be considered : (1) Relation with the "neighborhoods" which are to be served; (2) approache~ :rnd accessibility; (3) drainage; (.4) area and character of the site- whether high, low, rugged or plain-and (5) existence of heavy traffic around the school grounds,-9th Ind., dated Nov. 20, 1946, of the Adviser to the President on Planning, DIF 402.36; ~ueva Ecija, Gapan. · WHEN ACTING PROVINCIAl, G. 0 V E R N 0 R MAY BE DESIGN ATED.-Respectfully referred to the Provincial Governor, Bangued, Abni. with the advice that the within designation of Mr. Emilio Purugganan as Acting Provincial Governor to perform only such administrative duties as may pertain to the Office of Governor is without authority of law, as Section 2076 of the Revised Administrative Code under which he was designated has· been repealed by Commonwealth Act No. 357 (Election Code) . Under Section 16 (a) of that Act, only in thr. case of a temporary vacancy in the office of the Provincial Governor may an Acting Governor be designated or (Continued on page 615) Page 601 Let Us Know Rizal, The Man DR. PURA SANTILLAN-CASTRENCE RIZAL loved life. There was no question about that. There was a robust throwing of himself into everything he did or said or wrote or thought as though every moment was for him fraught with meaning and had to be lived to its fullest. · No one but a man who cherished life and its offerings could · have accomplished so much in so short a Rpace of time. He worked at everything which came his · way with verve, and " certain "joy of living" which was not mere youthful exuberance. For one feels that with such a man as he, there would never have .been any death of this joy no matter how old or what problems he came up against. In his novels he shows this irresiRtible, irrepresssible spirit, too. Somber as they are, they breathe an air of youthful ardor, as though the author would fain convince his readers that things, bad as they may seem, are not entirely hopeless. This certainly, paradoxical as the observation may sound, is not the wise-know-all pessimistic spirit of youth. There is a mellowness about it that seems of itself to portend tragedy. But it is a mellowness which is not accepting a grownup understanding which at the same time challenges to action. In this optimism, this faith, this looking far into the future, Rizal transcends his younger years and becomes as old as the rocks. Only the rocks simply watch and witness in silent and passive wisdom, while Rizal watches, witnesses, acts, and urges action. The rocks wait in patient courage the turn in the lives of the men and the beasts whom they lord over. Rizal's courage is patient only within the limits wherein there is no danger of its fire dying out in its own ashes. To such an ardorous nature, the . opposite sex cannot but be attractive. Rizal would be less the man for all of us that he was did he not find expres~ ion for himself in the anproving glances and sweet words of fair women. ·There is a prudish tendency to hush this part of Rizal's life in an effort, su Page 602 the meticulous critics say, to present to his adoring people only the aspects of it worthy of emulation. Why, they say, "pro·stitute" his memory with details of his life which make him appear less the great and noble hero that history has succeeded in making completely of him'! Why turn his people's eyes down to his feet of clay when they can look up admiringly at his noble bust of marble and feel that in worshipping him and establishing his cult, they worship too the ideals of Filipino-hood of which he is the epitome? Doubtless this secretive censon;hip is meant well, yet one cannot help wondering at the wisdom of such a move. Discretion carried too far can sometimes play the part of Folly and can easily assume the role of Hypocrisy. Debunking a hero is-not a pretty game, speciaL ly if done for spite. But when the purpose is either to straighten out the facts revolving around him or get him close to earth and his fellowmen, thereby making emulation of him easier for the ordinary mortal, the purpose justifies the procedure. The test of true love and of true worship is complete acquaintance and familiarity with its object. For while it is true that familiarity may breed contempt, it is eq_ ually certain that we love best what and whom we know best. Rizal we know as a patriot, a martyr, a linguist, a scientist, an artist; we know him as an ardent worker, a loving son, a deep thinker, a fearless idealist. For all these things we honor him and cherish his memory with warm gratitude. But. because we are human, we would humanize him; we would want to know him not cinly in all his strength but in certain of his weaknesses; we would want to know these partly because we want to feel the common humanity that binds him and us together, and partly so that the admiration we bear for him could have at the same time the affectionate warmth of deep understanding. No great man's memory has ever been desecrated by this humanizing touch. We know that Washington was DECEMBER, 1949 The famous chciracter in Rizcil's Noli Me Tangere lives. in this, remarkcible sfotue of G. Nepomuceno - the mellow wisdom, the rebellions tenipe1·, cincl bitter cynicisni. "L DECEMBER, 1949 Page 603 never a gracious man, tacitum and self-conscious as he always was; we know that Abraham Lincoln's home life was something of a tragedy; we know that Voltaire was mean and spiteful, that Rosseau was a hypocrite, and that La Fontaine, while writing children's fables, neglected his own offspring; we know that Dante, for all his mighty anger at the lustful, was himself guilty of the sins of the flesh and that Wagner was wayward, capricious, and irresponsible. Yet none of these things could seriously count in the evaluation of the intrinsic worth of these famous. men. I have given time and attention to the analysis of Rizal's women-characters, an analysis which has invited again and again these intriguing questions: Were they real? Who were they in Rizal's life ? Did he write with his heart in his pen? As far as it was possible, I have tried to draw aside, ever so gently, the ~urtain of secrecy which screens away in discrete reverence the chapter of Rizal's life which had to do with flesh-and-blood women, in order to give more life and color to the personages of his· novels. Much, however, had to be justly left to sur .. mises and conjectures, which while legitimate enough within their province, could naturally be biased and humanly erring. That Rizal relished doing his women-characters is apparent in the over-subjective touch the reader feels in his delineation of them. He is not impersonal about them, nor is he indifferent to them. Always present in his description is the sense that there is a warm relationship between creator and his creatures, be these lovable and to be admired, loathsome and to be hated, or ludicrous and to be mocked at. For as has been said, Rizal loved life intensely. And life · meant every living things, man and woman, trees and flowers, and soft, green grass. There has been many an occasion to dwell on this deep ineffable love for Nature of the youthful author of the Noli. And occasion, too, to show his admiration for man's · strength, and woman's sweetness, as well as indignation at and reproach for the weakness of God's Page 604 creatures. There is a shyn~ss of approach when he deals in his novels with the more choice representatives of the fair sex indicative of a youthful worship of loveliness and feminine charm, so that the reader cannot but feel that somehow there is something deeply personal and appealing in these open declarations of admiration and affection. And indulgently he wonders who the prototypes of these girls could be that had the power to inspire -the young idealist with such eloquence. Perhaps our careful guardians of that pha~e of Rizal'~ life dealing with the attraction of the eternal feminine foi- him are, after all, wise, in their prudence. For the haze of mystery clouding the identity of his womencharacters may add to, instead of detract from, their poetic appeal, if not to their factual significance. Mystery, we might improvise, thy name is Woman. Rizal':-; Life Dicision TO THE 'FILIPINOS: The step which I have taken or which I am about to take is very hazardous, no doubt, and I need not say that I have thought much about it. I know that almost everybody is against it: but I know also that almost nobody knows what is going on in my heart. I cannot live knowing that many are suffering unjust persecutjon.s on my account; I cannot live· seeing my brother, sisters, and their numerous families pursued like criminals; 1 prefer to face death, and I gladly give my life to free so many innocents from such unjust persecution. I know that at present, the future of my country to some extent gravitates about me; that if I die, many will exult, and that therefore many are longing for my destruction. But what shall I do? · I have duties to my conscience above all, I have obligations to the families which suffer, to my old parents, whose sighs pierce to m;,· heart; I know that I alone, even with my death, am able to make them happy, permitting them to return to their native land and to the tranquility of their (Continued Lin page 6~1) DECEMBER, 1949 Supreme Court DecisionExtent of Supervisory Power Over Local Government Carmen Planas, petitioner, vs. Com missioner of Civil Service, re~pondent, G. R. No. 46440, Januar11 18, 1939,LAUREL, J. 1. CONSTITUTIONAL LAW; SEPARATION OF POWERS; JUDICIAL REVIEW OF OFFICIAL ACTS OF PRESIDENT. - The acts of the Chief Executive performed within the limits of his jurisdiction are his official acts and courts will neither direct nor restrain executive action in such cases. The rule is non-interfer .. ence. But from this legal premise, it does not necessarily follow that the Court is precluded from making an inquiry into the validity or constitutionality of his acts when these are properly challenged in an appropriate legal. proceeding. 2. ID.; ID.; INTERDEPENDENCE BETWEEN DEPARTMENTS. - There is more truism and actuality in interdependence than in independence and separation of powers, for as observed by Justice Holmes in a case of Philippine orig-in, the Court cannot lay down "with mathematical precision and divide the branches into watertight compartments" not only because "the great ordinances of the Constitution do not establish and divide fields of black and white" but also because even the more specific of them are found to terminate in a penumbra shading graduallv from one extreme to another." 3. ID.; ID.; ALLOCATION O\F CONSTITUTIONAL P 0 WE R ; DUTY OF SUPREME COURT.As far as the judiciary is concerned, while it holds "neither the sword nor the purse" it is by constitutional placement the organ called upon to allocate constitutional boundaries, and to the Suureme Court is entrusted expr<:>Rsly or by necesrnrv implication the obligation nf determining in appropriate case the constitutionality or validity of any treaty, law, ordinance. or executive order or regulation. DECEMBER, 1949 (Sec. 2 (1), Art. VIII, Constitution of the Philippines.) In this sense and to this extent, the judiciary restrains the other departments of the government and this result is one of the necessary corollaries of the "system of chedks and balances" of the government established. 4 . PAR.TIES; ADMINISTRATIVE INVESTIGATION; PLEA OF HAVING ACTED UNDER SUPERIOR ORDER: CONCLUSIVENESS UPON COURTS.-A mere plea that subordinate officer of the government is acting under nrders from the Chief Executive may be an imoprtant averment, hut is neither decisive nor conclusive unon the Court. 5. ID.; ID.; ID.; ID. ;-Like the dignity of his high office, the relative immunity of the Chief Executive from judicial interference is not in the nature of a soverign passport for all the subordinate officials and employees of the Executive Department to the extent that at the mere invocation of the authority that it purports the jurisdiction of the Court to inquire into the validity or legality of an executive order is necessarily abated or suspended. 6. PROHIBITION; CONTROL OF JUDICIAL OF QUASI-JUDICIAL FUNCTIONS; ISSUANCE. - While, generally prohibition as an extraordinary legal writ will not issue to restrain or control the performance of other than judicial or quasi-judicial functions, its issuance and enforcement are regulated by statute and in this jurisdiction it may issue to any inferior tribunal, corporation, board, or person, whether exercising functions judicial or ministerial, whose acts are wtihout or in ex"f'~R of jurisdiction. 7 . WORDS AND PHRASES; "JUPage 605 DICIAL" AND "MINISTERIAL", SCOPE OF TERMS.-The terms "judicial" and "'ministerial" used with reference to 'functions" in the statute are undoubtedly comprehensive and include investigation which, if unauthorized and is violative of the Constitution, is a fortiori without or in excess of jurisdiction. 8. PROHIBITION; SCOPE OF OPERATION OF WRIT.-The statutory rule in this jurisdiction is that the writ of prohibition is not confined exclusively to courts or tribunals to kE!ep them within the limits of their own jurisdiction and to prevent them from encroaching upon the jurisdiction of other tribunal, but will issue,, in appropriate cases, to an officer or person whose acts are without or in excess of his authority. Not infrequently, "the writ is granted, where it is necessary for the orderly administration of justice, or to prevent the use of the strong arm of the law in an oppressive or vindictive manner, or a multiplicity of actions." · 9. CONSTITUTIONAL LAW; POWERS OF THE CHIEF EXECUTIVE ; EXTENSIVE GRANT UNDER CONSTITUTION.-Extensive authority over the public service is granted the President of the Philippines. Article VII of the Constitution begins in its section 1 with the declaration that "The Executive power shall be vested in a President of the Philppines." All executive authority is thus vested in him, and upon him devolves the constitutional duty of seeing that the laws are "faithfully executed." 10. ID.; ID.: IMPLIED POWERS.In addition to these specific and express powers and functions, he may also exercise those necessarily implied ai:id included in them. 11. ID.; ID.; NATIONAL ASSEMBLY WITHOUT POWER TO DIMINISH AUTHORITY.-The National Assembly may not enact laws which either expressly or impliedly diminish the authority conferted upon the President by the ConstiPage 606 tution. 12. ID.; ID.; EXECUTIVE POWER OF CONTROL AND SUPERV ISION; EXERCISE THRU DEPARTMENT HEADS.-The Con::;titution provides that the President "shall have control of all the executive departments, bureaus and offices" (Art VII, sec. 11 (1), first clause) and shall "'exercise general sup.ervision over local governments as may be provided by law" (Ibid, .second clause). This power of control and supervision is an important constitutional grant. The President in the exercise of the executive power under the Constitution may act through the heads of the executive depart· ments. 13. ID.; ID.; ACTS OF SUBORDlN ATE OFFICIALS; PRESUMPTION.-The heads of the executive departments are the President'1 authorized assistant.s and agents in the performance of his executive duties, and their official acts, promulgated in the regular course of business, are presumptively his acts. 14. ID. ; ID. ; ADMINISTRATIVE CONTROL THROUGH POWER O:F REMQIV AL.- The power of removal which the President may exercise directly and the practical necessities of efficient government brought about by administrative centralization ' easily . make the President the head of the administration. · 15. ID. ; ID.; POWER TO ORDER INVESTIGATION; BASIS OF PO:WER.-lndependently of any statutory provision authorizing the President to conduct an investigation of the nature involved in thi::; proceeding, and in view of the nature and character of the executive authority with which the President of the Philippines is invested, the constitutional grant to him of power to exercise general supervision over all local governments and to take care that the laws be faithfully executed must be construed to authorize him to order an investigation of the act or conduct of the petitioner herein. PECEMBER, 1949 16. ID.; ID.; NATURE OF POWER OF SUPERVISION.-Supervision is not a meaningless thing. It i8 an active power. It is certainly not without limitation, but it at least :implies authority to inquire into facts and conditions in order to render the power real and effective. If supervision is to be conscientious and rational, and not automatic and brutal, it must be founded after careful study and investigation. 17. ID. ;ID.; SUPERVISORY POWER OVER THE LOCAL GOVERNMENTS; EXTENT.-General supervision·referred to in the Constitution is distinct from tlte control given to the flresident over executive departmentil, bureaus and offices. 18. ID.; ID.; EXTENT OF EXECUTIVE POWERS; DELIBERATION OF CONSTITUTIONAL CONVENTION AS GUIDE IN INTERPRETATION.-The deliberations of the Constitutional Convention show that the grant of the supervisory authority of Chief Executive was in the nature of a compromise resulting from th1~ conflict of views in that body, mainly between the historical view which recognizes the right of local self-government and the legal theory which sanctions the possession by the state of absolute control over local governments. 19 . ID.; ID.; EXECUTIVE POWER UNDER SECTION 64 OF ADMINISTRATIVE CODE HELD IN FORCE.-Section 64 of the Administrative Code of 1917 which was in existence before the taking effect of the Constitution, still sul>sists. It is not inconsistent with the Constitution and has, not been abrogated or repealed by the National Assembly. 20. ID.; ID. ; CHARGES INVOLVING MATTERS OF PUBLIC INTEREST; POWER OF PRESIDENT TO ORDER INVESTIGATION; BASIS OF POWER.-Under the fact~ of the case. held: The ininvesiigation of the petitioner in the case at bar wou Id still be in order if for no other purpose than DECEJ\f!?!).:R, 19W to cause a full and honest disclosure of all the facts so that, if found proper' and justified,--appropriate action may be taken again~t the parties alleged to have beeu guilty of the illegal acts charged. This is essential to render effective the authority vested in the Preident by the Constitution "to take care that the laws be faithfully executed." 21. ID.; ID.; DUTIES TO PRESERVE AND DEFEND CONSITUTION AND TO FAITHFULLY EXECUTE THE LAW; SCOPE.-The declaration that the President shotild "take care that the laws be faithfully executed" is more an imposition of an obligation than a confernment of power. His oath requires him to "faithfully and conscientiously fulfill" his duti.es as President, "preserve and deferid'1 the Constitution and "execute" the law. This duty of the Executive to see that the laws be faithfillly executed is not limited to the ''enforcement of legislative acts or the express· terms of the Constitution but also includes the due enforcement of rights, duties, obllgatlo.ns, prerogatives and immunities grow" ing out of the ConstitutiOn itself and of the protection implied bv the nature of the government under the Constitution. 22. ID. ; FREEDOM •OF SPEECH; EXTENT AND LIMITATIONS OF PRIVILEGE.- An investigation ordered to enable' petitioner to substantiate charges involving public interest is not a denial of the right of free speech nor is such investigation ordered because of her exercise of that right. Petitioner has a perfect right to criticize the Government, its administration, its policies and officials. but she may not, on the plea of freedom of speech and of the press, impute violations of law and the commission of frauds and . thereafter hold her arms and declin.e to· face an investigation coduCted ·to elicit the truth or falsity of the charges formulated by her. Otherwise, the guarantee whkh, in the language of Wendell Phillips, is "at Page 607 once the instrument and the guarantee, and the bright consumate flower of all liberty" would degenerate into an unbridled license, and render the Government powerless to act. ORIGINAL PROCEEDINGS. Prohibition. The facts are stated in the opinion of the court. Juan Suniulong, Godofredo Reyes, Vicente Sotto, Lorenzo Swnulong, Wenceslao Q. Vinsons and Jose de Leon for petitioner. Solic.itor-Genernl Ro11icin Ozcieta for respondent. D KC IS I 0 N This is an original action of prohibition instituted in this Court by which the petitioner seeks to enjoin the respondent Commissioner of Civil Service from conducting the investigation ordered by authority of the President of the Philippines. The case arose as a result of the publication in one of the local dailies of a statement in which the petitioner, then and now a member of th.e Municipal Board of the City of Ma-· nila, criticized the acts of certain government officials in connection with the general election for Assemblymen held on November 8, 1938. The statement as published in the issue of La Vanguardia of November 17, 1938, is trans lated as follows: "All opposition efforts in th·e country are useless just as all movement toward the unification of the opposition as long as in the opposition group ther e are people who present their candidacies and then speculate on these candidacies, offering them to the highest biddei'. In Manila, the opposition should have wo'n the November 8 elections, but lost instead because of a disastrous division due to people who commercialized their candidacies. "The Constitution prohibits the reelection of the President precisely so that the President may devote all his time to the administration of public affairs for the welfare of the people, but the President was the first -to play politics, publicly expressing his preference foi· candidates of his liking; and with the President ' all other officials of the government also moVed, taking part in. electoral campaigns. ; "With the government machinery feverish_ly functioning to flatten the opposition and prevent candidates •upported by the people Page 608 from going to the National Assembly, and with frauds and violations of all rules of the civil service to push to victory the candidates of the Nacionalista Party and the administration, all constructive opposition in the country is useless. In past elections, all the municipal and city mayors have been mobilized to insure the victory of the candidates of the administration, depriving the people of their right to vote for the candidates of their own choosing. "E,;en members of the cabinet moved, one of them, the Hon. Eulogio Rodriguez -going t0 the extent of sr,e.,. aking at meetings in the provi nee of Rizal . to coµnteract the avalanche of votes f@r the opposition, instead of .staying in his office in the government. The opposition is struggling within the law, but the party in power uses means that are not worthy of gent1emen in order that it may predominate in the government forever, never has it tried to fight fairly. "It may be said that the President of the United States is also making electoral campaigps, but the situation in the United States is different. There t he President is allowed t0 run for reelection while in the Philippines the Constitution wisely provides against the r eelection of the President. It is reasonable to believe that the President is from this mon1ent paving the way for his reelection. lt is to be fea·rnd that the new National Assembly will change this wise provision of our Constitution to permit the reelection of President Manuel L. Quezon." On November 18, · 1938, the day following the nublication of the foregoinis statement, the petitioner i:eceived a letter, Annex A, signed as follows: "By authority of the President: Jorge B. Vargas. Secretary of the President," in which letter the statement is quoted in full and the petitioner is informed thus: "In the· above statement, you appear to make the following : (1) That the President of the Philippines has violated the Constitution in that he has taken part in politics, ex.pressing his preference for the candidates of the Nacionalista Party; (2) That the whole government machinery has been put iiiI action to prevent the election to the ·National Asesmbly of the candiates of the people; (3) That the ·candidates of the N acionalista Party and of tha administration have won the election through frauds and violations of the civil service rules; PECEMBER, 1949 (4) That the administration does not permit the people to freely elect the candidates of thei1· choice. "You are hereby directed to appear be fore the Commissioner of Civil Servici=.:i.it.her alone or accompanied by counsel. .·.1"" o :00 o'clock a. m., on November the 22nd to prove the staternents made by youFailure to sustain your charges or to provvthat they have Deen made in good faith wiV be considered sufficient cause fol' your suspension or removal from office."· At the appointed time, the petitioner. accompanied by her counsel, appeared at the Office of the respondent and delivered to him a letter, Annex B, in which she voiced objection to the authority of the respondent , to conduct the investigation. The respondent Commissioner did not desist from proceeding with the investigation, but announced before adjourning the hearing of November 22nd that he would decide the question raised as to his jurisdiction on November 26. 1938. It was at this state of the investigation that the petitioner filed in this Court her original petition for prohibition of November 25, 1938, in which she at the same time prayed for the issuance of a writ of preliminary injunction enjoining the respondent Commissioner from continuing with the investigation. The petition for the issuance of a writ of preliminary injunction was denied by resolution of this Court dated Novemb.er 25, 1938. The next day the petit10~~r requested the respondent, in wntmg (Annex D), to refrain from making any ruling on the question of h.i~ jurisdiction to i_nvestigate the petit10ner and to abstam from taking any further step in connection with sai;J investigation until the jurisdictional issue· could be finally passed upon by this Court. On the same day, the request of the petitioner was denied and the respondent ruled that he had jurisdiction to proceed with .the investigation (Annex E). The respondent also notified the petitioner .to appear before him on Saturady, December 3, 1938, and to testify in her behalf and produce such other evidence as she might desire to present in support of the charges cont<tined in her statement of November 17, 1938. The original petition of NO· vember 25th was amended by another DECEMBER, 1949 of December 2nd. ·The amendment was .'.lllowed by this Court. The Solicito1General filed his amended answer accordingly. Petitioner contends in her amended petition: "a)-That the respondent is absolutely without jurisdiction to investigate petitioner with a view to her suspension or re~oval in connection with her statement of November 17th; "b)-That the said investigation with 1 view to petitioner's suspension or removal i.s against Art. VII, sec. 11 (1) of the Constitution of the Philippines and is not warranted by any statutory provision; " (c) -That even under the statutes in force before the approval of the Constitution of the Philippines, petitioner, as coun. cilor . of the City of Manila, cannot be investigated administratively with a view to her suspension or removal except for acts or conduct connected with the discharge of her official fun~ tions; "d)-That petitioner as an elective official, is accountable for her political acts to her constituency alone, unless such acts const\tute offenses punishable under Olll'. penal laws, a nd not to executive officials belonging to a P'\rty opposed to that to , which petitioner is affiliated; , ; "e)-That petitioner's statement of November 17th made by her as a private citizen and in the exercise of her right to discuss freely political questions cannot p1;operly be the sul1jcct of an administrative investigation had with a vi e\\~ to her suspension or removal, ~nd is only cognizable by our court~ of j.u~tice in case the contents of said statement infringe any provision of our J:>enaL Code; "f)- That if petitioner's statement of Novemlber 17th, as asserted in the Vargas letter of Novembe1· 21st Annex 'C', constitute · sedition or any other criminal offense in that said statement itends to create general discontent., and hatred among the people against their government, to make them lose ,faith in the effectiveness of lawful processes to secure a change in the control of the government, and to present the next National Asse1J1bly as a n illegal body, constituted bY men · who have been elected through whole.some frauds and violaiions of the civil service rules, (then petitioner's responsibility is a . matter that should be heard and decided by the competent courts in a trial publicly a.nd i.!l{partially c~nducted, and should not be the subject of an administ rative investigation with Page 609 P. view to suspension or removal held behind closed doors, with the power of final decision resting in the hands of the very officials imputing seditious or other criminal utterancts to the petitioner; "g)-That the authority sought to be conferred on respondent by means of the two letters Annexs 'A' and 'C' both signed 'By authority of the President : Jorge B. Vargas, Secretary to the Pres_ident' is \~ithout any force or effect, Since the powers and prerogatives vested in the President of the Philippines by our Constitution and by our law~ can be exercised by the President alone, and cannot be delegate.d to Mr. Jorge B. Varg·as or to any other person; "h)-That the proposed investigation with a view to petitioner's suspension or removal by this Honorable Court,- would. constitute an exercise of arbitrary, inquisitqria~ unlawful, and oppressive powers on the part of respondent, tending to the •uppression of the constitutional i·ight of petitioner, as a citizen, to express freely and without fear of political persecution her honest opinions concerning; the policies and political conduct of government officials." Petitioner prays : "1)-That a writ of prefiminary injunction be forthwith issued directing the respondent Commissioner of Civil Service to desist from the investigation sought to be conducted by him of petitioner, with a view to her suspension or removal, in connnection with her statement published November 17th, until further orders of this Honorable Court; "2)-That upon due hearing the respondent be permanently prohibited from proceeding further in connection with said investigation; , "3)-That the orders contained in the twv letters of Mr. Jorge B. Vargas (Annexes 'A' ~nd 'C' and the respondent's resolution dated November 26, 1938 (Annex 'E'), under which respondent seeks to undertake the investigation so many times referred to herein, be declared arbitrary and unconstitutional and therefore without any force or effect; "4)-For costs of the petitioner and for such other remedy as to this Honorable Cour·t may seem just a nd equitable." Upon the other hand, the SolicitorGeneral contends in his amended answer.: . (a) That respondent not only has jurisdiction but is in duty bound to investigate the charges contained in the petitioner's statement published on November 17, 1938, Page 610 by virtue of and pmsuant to the order of His Excellency, the President of the Philippines (par. 3); (b) That the power to order an investigation is vested in the President of the Philippines by section 11 (1) of article VII of the Constitution and section 64 (c) of the Revised Administrative Code (Id.) ; (c) That the question of whether or not the good of the public service requires the investigation in question is a matter on which the opinion of the Chief Executive is conclusive and not subject to review by the courts (par. 4, (b) ) ; (d) That an administrative investigation of' any act or conduct of any pel'son in the government service is independent and exclusive of any judicial action that the interested parties may institute arising from the same act or conduct (par. 4, (c) ) ; (e ) That petitioner's theory that an elected provincial 01· municipal official is accountable to his or her constituency alone and is not subject to any administrative investigation but only to a criminal prosecution in court, has no basis either in law or in precedent (par. 5, (a); (f) That such investigation is neither arbitrary nor unlawful nor inquisitorial because it is senctioned by the Constitution and statutory provisions (par. 5, (b); (g) That the petition does not state a cause of action nor does it appear that petitioner has suffered .any grievance that calls for the Court's intervention, for it is not alleged that petitioner. has been removed or suspended from office or that she has in any way been deprived of any civil or political right par. 7, (a) ) ; (h) That the present action is premature and that there is no justification for the Court to entertain the same (par. 9 ) ; and (i) That this Court has no jurisdiction over the case under the doctrine of separation of powers (par. 10). The Solicitor-General under the last paragarph · (par. 10) of his amended answer, raises the question of jurisdiction of this Court over the acts of the Chief Executive. He contends that "under the separation of powers marked by the Constitution, the Court has no jurisdiction to review the orders of the Chief Executive, evidenced by Annex 'A' and Annex 'C' of the petition, which are of purely administrative character.'' DECEMBER, 1949 Reliance is had on the previous decisions of this Court: Severino v. Governor-General (1910) 16 Phil. 366; Abueva v. Wood (1924) 45 Phil. 612; and Alzjandrino v. Quezon et al. ( 1942) 46 Fhil. 83. Although this is the last point raised by the Government in its answer, it should, for reasons· that are apparent, be first to be considered. If this Court does not have jurisdiction to entertain these proceedings, then, the same should be dismissed as a mat. ter of course; otherwise, the merits of the controversy should be passed upon and determined.· It must be conceded that the acts of · the Chief Executive performed within the limits of his jurjsdiction are his official acts and courts will' neither di· rect nor restrain executive action in such cases. The rule is non-interference. But from this legal premise, it does not necessarily follow that we are precluded from making an inquiry into the validity or constitutionality of his acts when these are properly challengetl in.an appropriate legal proceeding. The classical separation or governmental powers, whether viewed in the light of the p.olitical philosophy of Aristotile, Locke, or Montesquieu, or of the postulations of Mabini, Madison, or J efferson is a relative theory of government.· There is more truism and actuality in interdependence than in independence and separation of powers, for as observed by Justice Holmes in a case of PhiJi,ppine ongm, we cannot lay down "with mathematical precision and divide the branches into watertight compartments" not only because "the great ordinances of the Constitution d1i not establish .and divide fields of black and white" but also because "even the more specific of them are found to terminate in a penumbra shading gradually from one extreme to another." (Springer v. Government (1928) 277 U. S. 189; 72 L. ed. 845, 852.) As far as the judiciary i::; concerned, while it holdi; "neither the sword nor the purne" it is by constitutional placement the organ called upon to allocate constitutiional boundaries, and to the Supr1~me Court is entrusted the determir1ation of the constitutionality or DECEMBER, 1949 in appropriafa cases the constitutionality or validity of any tr.eaty, law ordL nance, or executive oredr or regulation. (Sec 2 (1), Art. VIII, Constitution of the Philippines.) In this· sense and to this extent, the judiciary restrains the other departments· of the .government ilnd this results, i,s one of the n·ecessary icorollaries of the "system of checks and oalances" of the government established. In the present case, the President is not a party to the proceeding. He is neither compelled nor restrained to act in a particµlar way. The Commissioner of Civil Service is the party respondent and the theory is advanced by the Government that because an investigation undertaken by him is directed by authority of the President of the Philippine;;;, this Court has no jurisdiction over the present proceeding instituted by the petitioner, Carmen Planas. The argument is far-fetched. A mere plea that a subordinate officer of the government is acting under orders from the Chief Executive may be an important averment, but is neither decisive nor conclusive upon this Court. Like the dignity of his high office, the relative immunity of the Chief Executive from judicial interference is not in the nature of a so.-ereign passport for all the subordinate officials and employees of the Executive Department to the extent that at the mere invocation of the authority that !t purports the jurisdiction of this Court to inquire into the validity or legality of an executive order is necessarily abated or suspended. The facts in Severino v. Governor-General, supro,, Abuevci v. Wood, supra, and Alejandrino '" Quezon, :mprci, are different, and the doctrines held down therein must be confined to the facts and legal environment involved and whatever general observations might have been made in elaboration of the views therein expressed but which are not essential to the determination of the issues presented are mere obiter dicta. Whi!e, generally prohibition as an extraordmary legal writ will not issue to restrain or control the performance of other than judicial or quasijudiCial - Page Sll jurisdiction. (Secs. 516 and 22'6, C. C. P.) The terms "judicial and ministerial" used with reference to "functions" in the statute are undoubtedly comprehensive and include the challenged investigation by the respondent Commissioner of Civil Service, which investigation if unauthorized and is violative of the Constitution as contended is a fortiori without or in excess of jurisdiction. The statutory rule in this jurisdiction is that . the writ of prohibition is not confined exclusively to courts or tribunals to keep them within the limits of their own jurisdiction and to prevent therri from encroaching upon the jurisdiction of other tribunal, but will issue, in appropriate cases, to an officer or person whose acts are without or in excess of his authority. Not infrequently, "the writ is granted, where it is necessary for the orderly administration of justice, or to prevent the use of the strong arm of the law in an oppressive or vindictive manner, or a multiplicity of actions." (Dimayuga & Fajardo v. Fernandez (1922) 43 Phil. 304, 307; Aglipay v. Ruiz (1937) XXXV 0. G., No. 121, p. 2164.) This Court, therefore. has jurisdiction over the instant proceedings and will accordingly proceed to determine the merits of the pre!'ent controversy. As is S ·een from the foregoing relation of facts, various legal questions are propounded. Reducing, however, the issues to what is considerer! as the fundamental legal proposition presented, we are asked in these proceedings to prohibit the respondent Commissioner of Civil Service from conducting or continuing with the investigation ordered by authority of the President of the Philippines. It is not denied that the President did authorize the issuance of the order, but it is contended "that the said investigation with a view to petitioner's suspension or removal is against Art. VII, sec. 11 (1) of the Constitution of the Philippines and is not warranted by any statutory provision." (Par. XV (b), amended petition.) It, therefore becomes necessary to inquire into the constitutioual and legal authority of the President to order the investigation which has given .rise to the present controversy. A perusal of our Constitution will show that extensive authority over the Page 612 public service is granted the President of the Philippines. Artical VII of the Constitution begii;is in its section l with the declaration that "The Executive power shall be vested in a President of the Philippines." All executive authority is thus vested in him, and upon him devolves the constitutional uuty of seeing that the Jaws are "fa1tnful1y executed." (Art. VII, sec. 11, subsec. 1, last clause.) In the fulfillment of this duty which he cannot evacte, he is granted specific and express pqwers and funct10ns. (Art. V H, :;ec. 1LJ ln aad1t10n to these specific .rnd express powers and functions, he may alsq exercise those necessarily implied and included in them. (Myers v. United States (1926) 272 U. S. 52, 71 L. ed. 160, 47 Sup. Ct. Rep. 21 ; Willoughby, Constitution of i;he United States, sec. 95il, citing Taft's Our Chief Magistrate and His Powers, 139.) The Nanonal Assembly may not enact laws which either expressly or impliedly diminish the autnority conferred upon the IPiresident by the Constitution. (Cf. Goncepcion v . .t'aredes (1921) 42 Phil. 599.) The Constitution provides that the President "shall have control of all the executive departments, bureaus and offices" (Art. VII sec. 11 (1), first clause) and shall "exercise general supervision over local governments as may be provided by law" (Ibid, second clause). This power of control and ~upervi,sion is. an important constitutional grant. The President in the exercise of the executive power under the Constitution may act throui,;~ the heads of the executive departments. The neads of the executive departments _,,.,, his authorized assistants and agents in the performance of his executive duties, and their official acts, promulgated in the regular course of business, are presumptively his acts. (Runkle v. United States (1887) 122 U. S. 543, 30 L. ed., 1167, 7 Sup. Ct. Rep. 1141; See also U. S. v. Eliason (1839) 16 Pet. 291, 10 L. ed. 968; Jones v. U. S. (1890) 13'i U. S. 202, 34 L. ed. 691, 11 Sup. Ct. Rep. 80; Wolsey v. Chapman (1880) 101 U. S. 755, 25 L. d. 015; Wilcox v. Jackson (1836) 13 Pet. 498, 10 L. ed. 264). Thi! power of removal which the President may exercise directly and the practical necessities of efficient government brought about by administrative ceuDECEMBER, 1949 trallization easily make the President the head of the administration. (Willoughby, C0nstitution of the Unitedd States, Vol. II, 2nd ed. sec. 959.) Independently of any statutory provision authorizing the President to conduct an investigation of the nature involved in this proceeding, and in view of the nature and character of the executive authority with which the President of the Phili,ppines is invested, the constitutional grant .to him of power to exercise general supervision over all local governments and to. take care th;;i.t the laws be faithfully executed must be construed to authorize him to order an investigation of. the act or conduct of the petitioner herein. Supervision is not a meaningless thing. It is an ac_ tive power. It is certainly not without limitation, but it at -least .implies authority to inquire into facts and conditions in order to render the power real and effective. If supervision is to be conscientious and rational, and not automatic and brutal, it must be foundPd upon a knowledge of actual facts and conditions disclosed after careful studv and investigation. Viewed from the tot;:tlity of power~ conferred upon the Chief Executive by our Constitution, we should be reluctant to yeild to the proposition that the President of the Philippines who is endowed with broad and extraordinary powers by our Constitution, and who is expected to govern with a firm and steady hand without vexatious or emharrassing interference and much less dictation from any source, is yet devoid of the power to order the investigation of the petitioner in this case. We should avoid that result. Our attention has been directed to the fact that, with reference to local government, the Constitution speaks of general supe1·vision which is distinct from the control given to the Preside11t over executive departments, bureaus and offices. This is correct. But, aside from the fact that this distinction is not important insofar as the power of the President to order the investigation is concerned, as hereinabove indicated, the deliberations of the Constitutional Convention show that the grant of the s.upervisory authority to Chief Executive ill this regard was in the nature of a compromise resulting from the conDECEMBER, 1949 flict of views in that body, mainly, between the historical view which recognizes the right of local self-government (People Ex rel. Le Roy v. Hurlbut eta!. ( 1871 24 Mich. 44) and the legal theory which sanction the possession by the state of absolute control over local governments. (Booten v. Pinson, L. R. A. (N.S.) l!Jl7-A, 1244; 77 W. Va. 412 (1915) ). The result was the rer.ognition of the power of supervision and all its implications and the rejeetion of what otherwise would be an imperium in imperio to the detriment of a strong national government. Apart from the constitutional aspect, we find that section 64 of the Administrative Code of 1917 provides as follows: "In addition to his general supervisory authority the Governor-General (President) shall have such specific powers and duties as are expressly conferred or imposed 0 11 him by law and also, in particular, the powers and duties set forth in this chapter. "Among such special powers and duties shall be: (c) To order, when in his opinion the good of the public service so requires, an investigation of any action or the conduct of any person in the Government service and in connection therewith to designate the official, committee, or person by whom such investigation shall be conducted." This provision of the law, in existence before the taking effect of the Constitution, still subsists. It is not inconsistent with the Constitution and 'has not been abrogated or repealed by the National Assembly. (See sec. 2, A.rt. XV, Constitution.) It is next urged that assuming the power of the President to order the investig-ation, that investigation should be in accordance with law; that the petitioner as an elective offical can be proceeded against administratively only on the grounds spe-cifically stated in the law, namely, disloyalty, dishonesty, oppression, misconduct, or maladministration in office; and that as an elective official she is responsible for her political acts to her constituency alone. At the risk of repetition, it should be observed that in the letter addressed by Secretary Vargas, by authority of the President, to Miss Planas, the latter is informed as Page 61a follows: "In the above statement, you appe·ar to make the following chai·ges: (1) That the President of the Philippines has violated the Constitution in that he has taken part in politics, expressing his preference for the candidates of the Nacionalista Party; (2) That the whole government machinery has been put in action to prevent the election to the National Assembly of the candidates of the people; (3) That the candidates . of the Nacionalista Party and of the administration have wo11 the election through frauds and viola· tions of the civil service rules; ( 4) That the administration does not permit the people to freely elect the candidates of their choice" ; and in that letter she is directed to appear before the Commissione1· of Civil Service to prove the statement inade by her. In the letter designating the respondent Commissioner as investigator of the petitioner, it is stated: "The charges contained in the foregoing statement teml to create general discontent, and hatred among the people against their govern:nent, to make them lose faith in the effectiveness of lawful processes to secure a change in the control of the government, and to present the next National Assembly as an illegal body, constituted by men who have been elected throug·h wholesale frauds and violations of the civil service rules. The interest of the public service requires that these charges be investigated, so that, if found to be true, appropriate action may be taken against the parties alleged to have been guilty of illegal acts, and if found untrue and made without justifiable motives, the party making them may be proceeded against in accordance with Section 2440, in connection with Section 2078, of the Revisecl Administrative Code." Assuming that this is not one of the grounds provided by law for which the petitioner may be investigated administratively (Sec. 2078, Rev. Adm. Code), there is weight in the argument that the investigation would still be in order if for no other pu.rpose than to cause a full and honest disclosure of all the facts so that, if found proper and justified, appropriate action may be taken against the parties alleged to have been guilty of the illegal acts charged. This is essential to Page 614 render effective the authority vested in the President by the Constitution "to take care that the Jaws be faithfully exe· cuted." (Sec. 11, par. 1, Art. VII.) The enforcement of the law and the maintenance of peace and order are primarily an executive obligation. The declaration that the President should "take care that the laws be faithfully executed" is more an imposition of an obligation than a conferment of power .• His oath requires him to "faithfully and conscientiously fulfill" his duties as President, "preserve and defend" the Constitution and "execute" the law. This duty of the Executive to see that the laws be faithfully executed is not limited to the enforcement of legislativP acts or the express terms of the Constitntion but also includes the due enforcement of rights, duties, obligations, prerogatives and immunities growing out of the Constitution itself and of the protection implied by the nature of the government under the Constitution. (f;unningham vs. Neagle, 135 U. S. 1, :H L. ed. 55.) Petitioner contends that she has noL abused the right of free speech, and in this connection directs our attention to the provisions of section 1 (;pars. 1 & 8) of t he bill of rights. She also urge::; that "in the supposition that the statement in question is libelous * * *- , the "o:Tesponding criminal or civil action should be brought in the courts of justice at the initiative, not of the government, but of the individuals claiminl! to have been defamed by the state ment;;." (p. 11, printed memorandum oi the petitioner.) We are vigilantly alive to the necessity of maintaining and protecting the constitutional guaranty of freedom of speech and of the press, no less than the right of assembly and petition which, according to Stimson (The American· Constitution As It Protects Private Rights, 152), is its origin rather than its derivation. We do not forget that .when repression of political and religious discussion became intense -- when censorship of the press was resorted to most vigorously by the Long Parliament in England-John Milton, the great historiographer of Cromwell, in his Areopagitica, denounced the suprression of truth and appealed for "the liberty to know, to utter, and to argu~ freely accordingly to conscience, above DECEMBER, 1949 all liberties (Areopogitica, 73, 74, Amhler's Reprint). And this Court has liad occasion to vindicate this right, and .it is not a settled doctrine that the official conduct and the policies of public officials can be criticized (U. S. v. Bustos, 37 Phil. 731), and that criticism of the Constitution and legislation, of government measures or policies cannrit be suppressed or prevented (U. S. v. J'erfecto, 43 Phil., 225), unless the iutention be to incite rebellion and civil war (Cooley, Constitutional Limitations, 614). In the present case, however, the petitioner is not denied the right, nor is she· being investigated be- cause she had .excerdsed that right. She · has a perfect right to criticize the Government, its administration,. its policies aud officials, but she may not, on the plea of freedom of speech and of the press, impute violations of law and the commission of fraud's and thereafter fold her arms and decline to face an investigation conducted to elicit the truth or falsity of the charges formu· lated by her. Otherwise, the guarantee which, in the language of Wendell Phillips, is "at once the Instrument, and the guarantee, and the bright consummate flower of all liberty" would degenerate into an unbridled license, and render the Government powerless to act. The petition is· hereby dismissed, with costs against the petitioner. So ordered. JOSE P. LAUREL WE CONCUR: Ramon Avancena, An. tonio Villa-Real, Carlos A. Imperial, Anacleto Diaz, Pedro Concepcion. BONIFACIO BROS. Auto Repair Shop - 707 Tayuman Sta. Cruz, Manila. Active services to all and moderate charges·. DECEMBER, 1949 Executive .... (Continued from page 601) appointed, the power to make such appointment being vested in the President. The absence of the Provincial Governor from the province on official business, as in this case, does not create a temporary vacancy and, therefore, there is no vacancy to fill. Before going out of the province on official business, the Governor should, however, authorize a provincial official or employee, pursuant to standing instrutions, preferably the Provincial Secretary, to dispatch routine matters in his office and should designate a member of the Provincial Board to preside over such regular and/ or special meetings as may be held by the Board during his absence. Please be guider! accordingly.-lst Ind., May 31, 1946, of Undersecretary of the Interior; DIF .147.02, Abra. ---oOo--TRUST THYSELF TRUST thyself: every heart vibrates to that iron string. Insist on yourself; never imitate. That which each can do best, none but his Maker can teach him. There is a time in every man's education when he arrives at the conviction that imitation is suicide; that he must take himself for better, for worse, as his portion. The power which resides in him is new in Nature, and none but he knows what that is which he can do, nor does'he know until he has tried.-Ralph Waldo Emerson. ---oOo--Compliments of; MODEL STUDIO Camera Portrait-Out side Service 507 P. Paterno, Quiapo, Manila Page 61q REVISED ADMINlSTRATIVE CODE OF THE' PHILIPPINES ACT No. 2711 Approved March 10, 1917 (As amended by the Congress of the Philippines) Edited by JUAN I F .. RIVERA, · (Member of the Philippine Bar And · Pen·sionado of the Republic of the Philippines in the University of Wi;;consin U. S. A. on "Municiqxit Goverr.men't A dministration") FOURTH IFIHILIPPINE LEGISLATURE F'irst Se3sion Eegun and he.d at th3 City of Manila on Monda.y thP, sixt: evth ciay 0f Octoter, one thousand nine hundred and sixteen AN ACT AMENDING THE ADMI· NISTRA1 TIVE CODE Be it enacted by the Senate and House of Representatives of the I-iliilip, pines in Legisla.ture assembled • and by th" riuthority of the same: .For the purpose of rdapting it to the Jones Law' and the Reorganization Act,2 Act Numbered Two tho· 1sand six hundred and fifty-seven, known as the Adminfatrative Code, js hereby amended in certain particulas; an:! m id Act shall hereafter read as follows: 1. The Act of Congres3 of th: United States of A.ugust 29, 1916. 2. Reonrnnization Act No. 2656 of the Philippine Legislature; se~ Executive Order No. 94, s. 1947. B 0 0 K I ORGANIZATION, POWERS, AND GENERAL ADMINISTRATION C(F PHILI/PIPINE GOV'ERNMENT Title !.-MATTER OF GENERAL NA.TURE Preliminary Cha.pter -Title of Act SECTION 1. Title of Act.-This Act .shall be Jrnown as the Adminis• trative -Code. Page 616 [2657~1.] Chapter 1. - DEFINITIONS iAND GENERAL PROVISIONS ARTICLE !.-Definitions SEC. 2. Words and phraseS' defined ARTICLE IL-General principles SEC. 3 Relation of Administrative Code to prior laws. SEC. 4. Authority of officer to act through deputy. SEC. 5. Exercise of Administrative discretion. ARTICLE III.-Form and effect of laws in general SEC. 6. Form of enacting clause. SEC. 7. 1 Form of resolving clause. SEC. 8. Clauses not to be repeated. SEC. 9. Numbering and frame of sections. SEC. 10. Manner of referring to statutes. SEC. 11. iWhen laws take effect. SEC. 12. Ignorance of law. SEC. 13. Computation of time. S·EC. 14. No .implied revival of re· pealed law. SEC. 15. Language that should pre· mil in the inter.pretation of laws. ARTICLE IV.-Jurisdiction and distribution of vowers of Goerwment SEC. 16. Territorial jurisdiction and extent of powers of lflhilippine Government. SEC. 17. Distribution of .powers of government. ARTICLE V.-Arm and Great Seal SEC. 18. P.rms and Great Seal of the Commonwealth of the Philippines. SEC. 19. Custody and use of Great Seal. ARTi CLE .VI. - Administration of oaths in general SEC 20. Solemn affirmation in lieu of baths. SEC. 21. Officials au'horized to ad· minister oaths. SEC. 22. Duty to administer oaths. ARTICLE VIL-Oaths oif office SEC. 23. Oath of office for ('insu· Jar) national and provincial employ<es. DECEMBER, 1949 SEC.24. Oath of office of municipal official. SEC. 25. Occasions for administra· tion of official oath. ~C. ~.~ w~m ~h cl cifi~ may be administered. SEC. 27. Pr2ser·. at'. on of oaths. SEC. 28. Swearing of L.terpreters and stenographers. ARTICLE VIIl.-Leual holidays SEC. 29. Legal holidays. SEC. 30. Special ho!.idays declared by (Governor-General) President of the Philippines. S·EC. 31. Pretermission of holiday. ARTICLE IX-:Weights a11Jd measures SEC.32. Standard weights and measures in (Philippine Island) Philip· pines. SEIC. 33. Requirement as to use of metric system. ARTICLE X-Official Gazette SEC. 24. Reporter of Supreme Court as editor of Official Gazette. SEC. 35. Contents of Official Gazet· te. SEC. 36. English and Spanish issnes of Official Gazette - Printing and dis· - tribution. · ARTICLE 1.- De'initions SEC. 2. Words and phrases defined. -The f;olilowing w·,pressions shall he taken in the sense herein below indicat_ ed, except as a different meaning for the word or phrase in question may be given in a .particular statute or is plain· ly to be collectel from the context or connection where the term is used: "The Government of the (Philippine Island) 1 Plhilippines"1 is a term which refers to the corporate governmental entity through which the functions of government ·are exercised throughout the (Philippine Islands) IFhilippines, including, save a s the contrary appears from the context, the various arms through which political authority is made effective in (said Islands) the Philippines, whether .pertaining to the central Government or to the provincial or municipal branches or other form of local government. "(Insular) National Government" refers to the central government as dis· tinguished from the different forms. of DECEMBER • . 1949 local government. "Philippine Government" refers to the Government of the ('fihilippine· Islands) Philippines. "S.pecially organized province" includes Batanes, (Mindoro,) Mountain Province, Nueva, Vi\zcaya, and Pala· wan .. 2 "Re,:;ular!y organized province" includes all provinces except the special.Jy .organized provinces and the provinces of the Department of Mindanao and Sulu.3 . "Municipality" refers to municipalities proper and except as otherwise specially provided does not inculde chartered city, (township) 4 municipal district. or other fot:a'l political division.s "Chartered city," "city incorporated under .'3pecial charter," and similar ex· pressions refer to cities, Jilke Manila and Baguio, incorporated under special hws.6 "Citizen of the (Philippine Island) Philippines" includes not only those who acquire the status of citizens of the (Philippine Islands) !Philippines by birth or naturalization, but also persons who have acquired the status of Filioinos under Article IX of the Treaty of Paris. on the tenth of December, one th"m~nd .eight hundred and ninety· eight.7 "Employee," when generally useil in reference to persons in the pubEc ~.f'r vice. includes any person in the service of the Government or any branch there· of of whatever grade or class. "Off;cer." as distinguished from "Clerk" or "employee" refers· to tliose officials· whose duties, not being- of a clerical or manual nature, may be considered to involve the exercise of dis· ~retion i.n the ,p.erformance of the functions of government, whether such nuties are .precisely defined by law or not. "Officer,'; when used. with reference to a person having authority to do n particular act or perform a particu· IHr function in the ev<>rcise of <Tovernmental power, shall include any Govern· ment employee, agent, or body having onthority to do the act or exercise the function in question. Page 617 The word '',person" includes both natural and artificial persons. [2657-2.] 1. The term "Government of the Phi,Jippines" i.s used in subsection 2, Section 1, Article XVII, Constitution of the Philippines. 2. Section 1 of Act 2824, as amended by section 1 of Act 2887, extended the provisions of Chaipters 63 and 64 of the Revised Pdmi·ni.strative Code to IBiatanes, Mindoro, and Palawa.n. Later Mindoro was made a regularly organized province by Act 2964. .The same chapters of said Code have been extended by Act 2798, as amended by Act 2913, to the Mountain Province and the 'Province of Nueva 'V1izcaya. 3. The Department of Mindanao and Sulu has been abolished and discontinued as a special .political division. (See Sec. 1, Act 2878). 4. Abolished by Act 2824 Sec. Z. 5 . .See C. A. No. 581, re former s.pe· cial municipalities· of Romblon. 6. Cities of Zamboanga (C. A. 39, as amended by C. A·: 208 and 2·50; Davao (C. A. 51 as amended by C. A. 209 and 462) ;Uoilo (C. A. 57 as amended by C. !>·. 158 and Rep. Act (276) ; Cebu (C. A. 58 as amended by C. A. 129 and Rep. Acts 67, 244); Bacolod (C. A. 326 as am<>nded bv C. A. 404) Tagay_ tay (C. A. 338 as amended by C. A. 397); Quezon City (C. A. 502 as amended by C. A. 659); Sein Pablo (C. A. 520); Cavite (C. A. 547) ; lfipa (Rep. Act 162) ; Dagu· pan (Rep. Act 170); Ormoc (Rep. Ad 179); Rizal (Rep. Act 183); Bcisila,n (Rep. Act 288) ; Naga (Rep. Act 302) ; Legaspi (Rep. Act 306); Dumaguete (Rep. Act 327); Calbayog (Rep. Act 32~); 7. The following are citizens of the ·P:hiJ.ippines: (1) Those who are ci· tizens of the Phil,iopine Islands at the time of the adoption of this Constitution; ('2) Those born in the Philippine Islands of foreign • parents who before the adoption of this Constitution, had been elecPage 618 ted to the public office in the PhilL ppine Islands; (3) Those whose fathers are citizens of the Philippines; (4) Those whose mothers are citizens of the \Philippines and, upon reaching the age of majority, elect Philippine citizenshi.p ; and (5) Those who are naturalized in accordance with law.- Sec. 1, Art. lJV1, Constitution of the Ph~1i p· • pines; See Republic Act 106 providing for the ways in which Phi· lippine citizenship may be lost or reacquired. ARTICLE II.-Gen• eral pq·inciples SEC.3." Relation of Administrative Code to prior law.-Such ·provisions of this Code as incorporate prior laws .~hall be deemed to be made in continuat.ion thereof and to be in the .nature of amendments thereto, without prejudice to any right already accrued. [2657- 3.] SEC. 4. Authority of officer to act through de;puty.-A: ministerial Act which may be lawfully done by any officer may be performed by him through any deputy or ag.ent lawfu.J.ly created or appointed. [2657 ~4. l SEC. 5 Exercise of admin·istrative discretion.- The exercise of the 1 permissive powers of all executive or administrative officers and bodies is based upon d.iscretion and when such offic·er or body is given authority to do any act but not required to .do such act, the doing of the ·same shall be dependent on a sound discretion. to be exercised for .the good of the service and henefit of the public, whether so expressed in the statute giving the authority or not. ARTICLE III.-Form and effect of laws in general SEC. 6. _Form of enactin.a clause '--' The enacting clause of all statutes passed by the (PhiJi1 ppine Legislature) Con!gre0 s. of the Philippinest shall be conceived in the followinir tPrms: Be 1:t ena.cted b11 the Senate w111-l House of Representfitives of the Philipvint< s in (Leuislature) Conurcss nssembled: DECEMBER, 1949 1. See Sec. 1, Art. VI, Constitution of the Philippines. SEC. 7. Form of resolving clause.The resolving clause of all (joint) resolutions passed by the (Philipp!ne. Le· ,!dslature) Congress. of the P~1hpp111es shall be conceived in the followmg term: Be it Resolved by the Senate and House of Repres, entafJives of the P'hilippines in {'Legislatui,e) Cong~·ess assembled wnid by the authority of the same. [2657~2] SEC. 8. Clauses not to be repeated.The ·enacting clause shall be written before the whole body of the Act, and the resolving clause shall l:e written be· fore the whole t-0dy of the (joint) re· ~olution and neither ;:·hall ,be repeated in each section of the Act or resolution. [2657-3.] SEC. 9. Numbering amd frame of sections.~Every Act shall be divided into sections, each of which shall be numbered and shall contain, as nearly as may be, a single proposition of enactment. [2657- 7.] SEC. 10. Maminer of referritng to ,-:/1a.tiites.-Statutes passed by the (Philippines Legislature) Congress of the !Philippines shall, for .purpoi es of formal reference, be denominated Acts (l\1epublic ActS\) an:d may be identi· fied by their respective serial numbers; but where a special title is s upplied for a particular statute, it may also be re· ferr.ed to by such title. [2657- 8.] SEC. 11. When laws take effect.A statute pas·sed by the (Phili,ppine Legislature) Congress of the Philippines shall, in the absence of special provi· sion, take effect at the beginning of the fifteenth day after the completion of the publication of the statute in the Official Gazette, the date of issue being excluded. \For the purpos·~ of fixing such date the .Gazette is con:clusive_ ly presumed to be pub!i.shrd on the day indicated therein as the date of ·issue. Resolutions will have effect from the date of passage, unless· otherwise de· clared. DECEMBER, 1949 SEC. 12. Ignorance of law.-lg.no·, ranee of the law ~loes not excuse from compliance therewith. [2657._,10.] SEC. 13. Coimpidation of time.-In computing a:ny fixE!d :pel'io<l of time, with reference to the performance of an act required by law or contract to be done at a certain time or within a certain limit of t:ime, the day of date, or day from which the time is. reckoned, is to be excluded and the date of perfor· man:ce included, unless otherwise pro· Vlided. "Month" shall be understood to refer to a calendar month; "day," to a day of twenty·four hours·; and "night," to the period from the setting to the r.isin:g of the sun. [2657-11] SEC. 14. No. implied revival of repealed la.w.-•When a law which expressly repeals a prior law is itself repealed the Jaw f.irst repealed shall not be thereby revived unless expressly so provided. [2657-12] SEC. 15. Lai;gu,a.ge that should pre· va.il in the interpreta.tion oj" la.ws.-In the interpretation of a law officially promulgated in English and Spanish, the English text shali .govern, but in case of ambiguity, omission, or mistake, the Spanish may be consulted to explain the English text. The con.rnrse rule shail, however, be applied if so provi· ded in the .particular statute: P~·ovided, however, That in the interpretation of laws enacted by the Philippine Legisla· ture aft~r Octob2r s'ixteenth, nineteen hundred and sixteen, the language of the text used by the House that finally parned the same shall prevail, and in case of ambiguity, omis. s0 iorn, or mistake, the official translation filed in the of· fice of the Secretary of said House may be consulteq. [2657-13 ; 2717-1.] ARTIICLE IV.-Jui-isdiction and dis· tribution of powers of government SEC. 16. T,erritorial jurisdiction cind extent of powers of Philippine Governrnen,t.-The territory over which the Government of the Philippine l s· lands exercises jurisdiction consist.s of Page 619 the entire Philippine Archipelago and is comprised in the limits defined by the treaties between the United States and Spain, respectively signed in the City of Paris on the tenth day of December, eighteen hu.ndred and ninety-eight, and in the City of Washington on the seventh day of November, on• e thousand nine hundred.] 1 [2657- 14.] 1. See Sec. 1, Ar:t. 1 of the Constitution of the PhiJi,ppines, published in Vol. 1 No. 7, L. G. R. SEC. 17. Distribution of powers of go'Vehmient.-The executive, legislative, and judicial powers of the Philippine Government are dis.tributed, res. pectively, among the executive, legislatjve, and judicial branche0, severally exercising the function& and powers conferred on them by law. The executive authority is vested in the following agencies.: The (Govern.orGeneral of the Phi.Jiippine Island) lP<re;:ident of the Philippines, as Chief Executive; the several Departments wrnd Bureaus of the (Insu• lar) National Gov· emment, with their lawful instrumentalities; and the provincial and local government with their subordinate· functionaries, in the exercise of the administrative powers conferred on them. The legislative power is. vested in the (\Philippine Legislature) Congress nf the '.FthilippineR. consisting of two Houses., to wit, the Senate and the House of Representatives. The judicial power is vested in the Supreme Court, the Court of Appeals, Courts of \First Instance, Courts of justices of the peace, and ·in such municipal and oth~r inferior courts· as may be created by law. [2657-·15; Constitution of the /Phil· ippines Art 'V'II, .sec. 1; Art VII, se.~. 1; Art 1, Sec. l.] of our liberty, and we shall no longer be rulers in our native land. Our religion is in danger and our prophetesses warn us not to let a Spaniard set foot on Philippine soil, for already they have given a name of their own to the country of the Bisayans. Page 620 THE GRATITUDE OF AN ANCIENT MANILA KING (Speech to the men of Magellan's fleet, off the Bornean coast, July 29, 1521; according to Pigafetta and Aganduru Moriz.) You find me just returning from the punishment of a rebellious city· which chose rather to pay tribute to the Maharajah of Java than to its rightful lord, the Sultan of Bruney, my grandfather, whose captain-general I am. My father was ruler of the great island of Lusung to the north hut after his death, while I was still a child, my mother was unable to guard the throne of Maynila for me against my powerful cousin who rules in nearby Tonduk. So she sent me here to Borneo and I have been learning war in my grandfather's service. The fleet which you mistakenly thought was intending to attack you has been gathered to recover my inheritance. You captured my flagship but you have released me and my ship because of the kindness shown you at my grandfather's court. Let me show that we of this land are equally capable of gratitude. Here is the Koran, the sacred scriptures of my religion, and upon it, I, Mahomet-hen-Suleiman, swear that should at any future time you or any other Spaniards meet me I will remember this day and not make war upon you for any cause, but receive and treat you or them as friends who have been my benefactors. CEBU'S KING EXHORTS HIS FOLLOWERS TO DEFEND THEIR LIBERTY (From the address to the Cel>uans, nt Cebu, April 27, 1565; recorded by th<' Augustinian chronicler Medina) Let us, then, arm ourselves and repel these invaders. We must defend our country. We can make an end of them as the men of Magtang did of their predecessors who came here in the days of our grandfathers. Get a store of darts, prepare your lances, sharpen your kampilans, ·and bring forth your largest war shield, the kasarag. Here, in the boats and on the shore, we shall make our stand. These strangers are not here to benefit us. Instead they will depriv,e u s DECEMBER, 1949 TllE MUNICIPAL LAW (Chapter 57 Title IX, Admin"istrative Code of 1917 as amended up to 1949) · Edited by Juan F. Riverci PRELIMINARY ARTICLE.- Title of agr.eement if possihle, but, in the event Chapter of their failing to agree, an appeal shall SEC. Z164. Title of chapter. -This be had to the Secretary of the Interior chapter shall be krnown as the Munici- whose decision shall be final. pal Law. [2657-- 21113.] ARTTICLE !.--General provisions SEC. 2168. Begimrui,n·g of corporate SEC. 2165 - Corporate powers of existence of new mwnricipality. - municipalities. - MunicipaJ.ities are po· !Where prov.is.ion is made for the crealitical • bodies· corporate, and as such tion or organfzation of a new municiare endowed with faculties of munici- pality, it ·shall come into existence as a pal cor.poration.s, to be excercised by and seperate corporate body upon the quathrough their respective municipal gov- lif.ication of the mayor, vice-mayor, ernments in conformity with law. and a majority of the counci.Jors, unless It shall be c·ompetent for them, in some other time be fixed therefor by their proper corporate name, to sue anrd Jaw. be sued, to contract and be contracted When a township or other local terriwjth, to acquire and hold real and· · per- torial divisions is converted or fused insonal property for municipal purpos·es, to a municipality all property rights and generally to exercise the powers vested in the original territorial orgahereinafter specified or otherwise con- r.i~ation shaJ.l become vested in the govferred upon them by law. ernment of the municipality. [2657- 2111; see Commonwealth Act [2657- 2114; C. A·. 233- 3; see sec. No. 41.] 2, Act 2824.] SEC. 2166. Municipal subdivisions. ARTICLE IL-Organization of muni-The municipality shall be div·ided in- cipal gover;tment to barrios anrl for administrative ·pur· SEC. 2169. Chief officials of mum:poses these may be grouped into dis- cipal government.- The chief officials tr~cts. The number of districts· in the of the municipal government are the municipality shall be equal to the num- mayor, the vice-mayor, the treasurer, ber of councilors, including the vice-ma- and the councilors. yor. • With the exception of the treasurer, [2657- 2112; C. A. 233- 3.] these officers shall be elected by the SEC. 2167. Municipal boundary dis- qualified voters of the munidpa!ity. putes -How settled.-Disputes as to [2657-2115; C. A. 233-3.] jurisdiction of municipal government SEC. 2170.Classification of mumciover places qr barrios shall be decided }Jolities-Number of councilors.- Muby the provincial boards of the pr-ovin- nicipalities are divided into five classes, ces .in which such munkipalities are according to their receipts, as follows: situated, after an investigation at Municipaliti.es of the first class shall be which the municipalities concerned those the annual receipts of which ashall be duly heard. From the decision veraged fifty thou.sand pesos or more of the provincial board app2al may be during the last three years, and shall taken by the municipality aggrieved to have e~ght councilors; of the second t~~ Secretary of the Interior, whose ! de- class, those the annual receipts of which c1s-10n shall be final. l\Vlhere the places averaged thirty thousand pesos or or bar·rios in dispute are daimed by more, but J:ess than fifty thousand ~unicipalities situated in different pro- pesos, during the last three years, and v~nces, the provincial boards of the .pro- ~hall have eight counci.Jors·; of the third vmces concerned shall come to an class, those the annual receipts of DECEMBER, 1949 Page 621 which averaged £,if.teen thousand .pesos or more, but Jess than thirty thousand ,pesos, during the last three years, and shall have six councilors; of the fourth class, those the annuail receipts of which av.eraged five thousand pesos or more, but less· than fifteen thousand pesos, dur,ing the last three years, and shall have six councilors; of the fifth class, those the annual receipts of which averaged les·s than five thousand pesos during the last three years, and shail have tour councilors; m case the clas·s of a municipality is raised as herein prescribed, the first additional councilors needed to complete the number corresponding to its new class shall be appointed by the .Pre<:·ident of the Philippines. The persons so appointed shall hold office until their succe2sors are duly elected at the regular election next following the change of class and have qualified. If a municipality is re· duced in class· all the councilors in office shall be allowed to serve out their full term. In case of death, resigna· tion, or· removal of any. such councilor the vacancy thereby caused shall not be filled un.less vacancy reduces the num· ber of councilor.s below that 'prescribed for the new class, in which case the vacancy shall be filled .in accordance with sub.section (b) of section 16 of Com· monwealth Act No. 357, !known as the Election Code. [2657_.:_2116 ; 3261-1 ; C. A. 633; and Republic Act No. 80; see Republ,ic Act No. 130, 'published at page 14, Vol. I, No. 1, Local Government Review.] 1. See sec 21 (6), Rep. Act 180 (The Revised Election Code). SEC. 2171. Change of amount of re_ ceipts as affecting . classification of municipalities - IEt.eginning with the year nineteen hundred and twenty-five and for each period of three consecutive years after .saiid date, the Secretary of Interior shaill order the classification of the municipalities readjusted in accordance with the rules estabJ,ished in the last preceding section.· [2657- 2117; 3261- 2; See Republic A ct No. ·130, published at page 14, Vol I, No. 1; Local Government Review.] Page 622 SEC. 2172. Additional councilors for miinicipality passing to higher class. ~[Repealed by C. A. 357-184.] SEC. 2173. Reduction in number of councilors for mwruicipality passing to lower class.-[Repealed by C. A. 357184.] [2657-2119.] ARTICLE IIL-Muruicipal offices arul officers in general SEC. 2174. Qualifications of elec· tive miinicipal officer.- An elective municipal officer must, at the time of the election, be a qual~lfied vo)ter iin his municipality and mu,st have been resident therein for at least one year; he must be loyal to the United States, and not les·s than twenty-three years of age. He must ailso be able to read and write intelligently either Spanish, English, or the local dialect. [2657-2120.] SEC. 2175. Persons ineligible to municipal office.-In no case shall there be elected or a,ppointed to a mu.nicipal off,ice ecclesiastics, soldiers in active S ·ervice, persons receiving salaries or compensation from ,provincial or National funds, or contractors for pub· lie works of the municipality. [2657--,2121.] SEC. 2176. Inhibition against holding of pecuniary interest of municipal Officia.', exceptions.-It shall be unlawful for a mundcipal officer-to possess a pecuniary in;ternst, either <;lirect or indirect, an any municipal contract work, or other municipal business., or to hold such interest in any cockpit or other game l'icensed by municipal authority, but the Vice-Mayor when not acting as or ,performing the duties of foe Ma· yor, and· the councilors when not attending .sess-ions of the council, may be employed in National or prov;incial public works within the province in which they reside and may receive compensa· ti'On therefrom in addition to the per diems authorized by section twenty-one hundred and eighty-seven of this Code. [2657-2122; Rep. Act 383-1.] SEC. 217"7. Term of elective ofiic31-. -[Repealed by Commonwealth Act No. 357-1~4.J DECEMBER, 1949 [2657-2123 ; 3879-2 ; C. A. 2331.] 1. See Sec. 7, Revised Election Code (1947) ::>EC. 2178. Term of appoirvtive of· ficer.-An ofJ icer appointed by the mayor shall, in the absence of special ·provis·ion, hold until the end of the term of the mayor making the appofotment and until his own successor is appoint· eel and qualified, unless prior thereto he shall resign or be removed according to law. Other appo~ntive municipal officer shali hold until i·esignation or removal from office according to .Jaw. [2657- 2124; C. A .. 233-3.] SEC. 2179. Change of te?~·itory as r1ffecting tenure of office. - iWhen a part of a ba rrio is detached from a mu· n:icipality or to be added to an existing municipality any officer of the old municipality livin.g in the detached territorv may continue to hold th's offic:e Hnd exert the ftinctions thereof for the remainder of his term; but if he is re· sidP.nt of a barrio the whole of which is detached, his office shall be deemed to be vacated. f2657- :125.] SEC. 2180. Vacancies in murvicipal office. - [R€pealed by Commonwealth Act No. 357-184.] [2657-2126; C. A. 233-3.] 1. See Sec. 21, Revised Election Code (1947) . SEC. 2181. Declaration of vacancy 'tn elective mwruicipal office.- Should any t lective municipal offic~r h3come permanently incapacitated for the proper discharge of his dutie~ during his· term of office, through accident or disqease, hi.s office may be declared vacant by the vote of a major.ity of all the members of the council. [2657-2127.] S.EC. 2182. Resignation of municipal officei·.- Any elective municipal officer who has qualified may be allowed to resigm in the interest of the public ser· vice, with the approval of the prov·incial board. r2657-~128.] SEC. 2183. Salaries of municipal DECEMBER, 1949 officer.-The salaries of the mayor and · munici.pal secretary shall be fixed by · the council; that of the municipal trea· surer by the provincial board. [2657-2129; C. A" 233-3.] SEC. 2184. Maximum limit of salaries. - FIRST CONGRESS OF THE REPUBLIC OF THE PHILIPPINES Second Session H. No. 230 S. No. 77 [REPUBLIC AcT No. 103] AN ACT INCREASING THE MAXIMUM LIMIT OF THE SALARIES OF MAY 0 RS, SECRETARIES AND TREASURERS OF MUNICIPALITIES IN REGULARLY ORGANIZED PROVINCES, AMENDING FOR THIS PURPOSE SECTION TWENTY-ONE HUNDRED AND EIGHTY-FOUR OF THE RE. - VISED ADMINISTRATIVE CODE. AS AMENDED. Be it enacted by the Senate and House of Representatives of the Philippines in Congi·ess assembled: SECTION 1. Section twenty-one hundred and eighty-four of the Revised Administrative Code, as amended, is further amended to read as follows: "SEC. 2184. Maximum limit of salaries.-Except as otherwise specially provided, the annual salaries of municipal officers shall not exceed the amounts herein-below fixed : ''In municipalities of the first class : for the mayor, twenty-four hundred pesos ; for the municipal se~retary, 10urteen hundred and forty pesos; and for the municipal treasurer, twentyune hundred and sixty pesos, of which fourteen hundred and forty pesos shall be payable out of municipal funds in his capacity as municipal treasurer, and seven hundred and twenty ·pesos out of provincial funds in his capacity as deputy o'f the provincial treasurer. "In municipalities of the second class : for the mayor, twenty hundreu and forty pesos ; for the municipal secretary, twelve hundred pesos ; and for the municipal treasurer, sixteen hundred and · eighty pesos, of which eleven hundred and twenty pesos shall be payable out of municipal funds in his capacity as municipal treasurer, and five Page 623 hundred and sixty pesos out of provincial funds in his capacity as deputy of the provincial treasurer: "In municipalities of the third clasR: for the mayor, sixteen hundred and eighty pesos; for the municipal secretary, nine hundred and sixty pesos; and for the municipal treasurer, fourteen hundred and forty pesos, of which nine hundred and sixty pesos shall be payable out of municipal funds in his capacity as municipal treasurer, and four hundred and eighty pesos out of provincial funds in his capacity as deputy of the provincial treasurer. "In municipalities of the fourth class: for the mayor, fourteen hundred and forty pesos; for the municipal secretary, seven hundrecj and twenty pesos; and for the municipal. treasurer, twelve hundred pesos, of which eight hundred pesos shall be payable out of municipal funds in his capacity as municipal treasurer, and four hundred pesos out of provincial funds in his capacity as deputy of the provincial treasurer. "In municipalities of the fifth class. for the mayor, twelve .hundred pesos; for the municipal secretary, six huudred pesos; and for the municipal treasurer, nine hundred and sixty pesos, of which six hundred and forty pesos shall be payable out of municipal rnnds in his capacity as municipal treasurer, and three hundred and twenty pesos out of provincial funds in his capacity as deputy of the provincial treasurer. "From the decisions of the provincial board with regard to salaries and per diems o'f municipal officers, the municipal officer or council .concerned or any member of the provincial board having expressed his disconformity when the resolution objected to was passed, may appeal, and such appeal shall, within ten days after his receipt by the provincial board, be forwarded to the Secretary of the Interior or the Secretary of Finance, as the case may be, whose decision shall be final." SEC.2. Provincial boards and municipal councils that have already submitted their budgets for the current fiscal year may, for the purposes of this Act, recall said budgets to make the necessary adjustments in conformity with the scale of salaries provided for in Page 624 this Act. . SEC. 3. This Act shall take effect upon its approval. Approved, June 2, 1947. [2657~2130; 3261-.:3;4007-33; C. A. 233-3 ; Rep. Act, No. 103] SEC. 2185. A diditional compensation for miirvicipal treasurer acting as municipal secretary.L..,The municipal council with the approval of the provincial board, may require that the municipal treasurer shall, in addition to the 1·eJrnlar duties of his office, perform the duties of muntlcipal secretary ;in which case he may be paid additional compensation in an amount fiX7ed by the municipal council, with the approval of the provincial board; but the compensation thus paid to the treasurer for his se!'viceE· in both capacities shall not exceed Eeventy-five .per centum of the sum of the salaries attached to the two offices. [2'657-2131.] SEC. 2186. Additional co. mpensation for treasurer irlJ the capacity of deputy provincial trea.surer. - A municipal treasurer may receive, for his services in the ca.pacity of deputy provlincial treasurer, such additio.nal compensation to be paid from provincial funds, as the provincial board may fix and the (Chief of the Executive Bureau) Secretary of Finance may approve. [3657-3132; See act 4007-33, C. A. 78, and Executive Order No. 94, S. 1947.] SEC. 2187. Compensation of vice· mayor and councilors. - Full pay for sick mayor.-The municipal council may, with the approval of the provincial board and the Department of the Interior, grant to the vice-mayor and each councilor a per diem not to exceed two pesos for each day of regular sessiion of the council actually attended by them; hut when, by reason of absence, s-uspen:sion., or other disability, the mayor ceases- to discharge the duties of his office, the :vice-mayor or councilor acting as mayor shall receive compensation equivalent to the salary of the mayor during the period of such service. T~e mayor S ·hall receive full salary DECEMBER, ~949 when absent from the municipality upon occasfon of any meeting of mayors convoked by the provincial board or when absent therefrom upon any other business the performance of which is required of him by express provisfon of law or competent administrative authority or if the genera,J funds· of the municipality permit w~en he is absent from his office because of illness con_ tracted through no fault of his own, provided the absence in the latter case does not exceed thirty days during the year, which fact ·must be attested by an affidavit of the interested party and by :i medical certificate or, if there be no physician in the locaiity, by a health officer's certificate; and if during suc.111 authorized or justified abs~mce the vicemayor or a counci.Jor t emporarily ctJs-' charges the local duties of mavor. the officer r 2nder'ng snch service may re-" ceive compensaiJion· in an amount to be :ru:xed by the rouncil, with the approval' of the provfocial · gove~nor, which amount shall not be in exiees·s of the salary of mayor for the same period: ProvW:ed, That per diems for attendance of the ses·sions of the counc'i<l shall not be paid to an officer rendering such service. IW!hen ab<sent from thier permanent stations on offidal business' other than attendance at the sessfon of the council, vice-mayor and councilors shall be allowed their actual expenses of travel with the approval of the provincial governor. [2657-2133; 3356-1; 3931-1 C. A. 233-3.J \To be contiruued) - - - . 000--AURORA A. QUEZON - Sacrifice yourselves in the interest of the needy. Don't expect reward from those· to whom you extend aid. The satisfaction of having done your duty is enough recompense. DECEMBER, 1949 A HINT TO PROVINCIAL GOVERNORS AND MUNICIPAL MAYORS When Mayor La Guardia of New York City was asked by reporters· whether he would be a candidate for PreRident of the U.S. in 1940, he replied: "It is a bad thing for a man holding one office to think about obtaining another office, It impairs his usefulness. It is like necking in a closed car on a moonlight night, after a good dinner and champagne. Don't start it." Could he be drafted? "Don't be silly. Nobody was ever drafted for any office any time, anywhere."-From. Time. MARCELO H. DEL PILAR - The education of the women stimulates and elevates that of the men ... because of their influence in the family as daughter, sister, wife or mother . . . They are not only a balm to the hardships of life but also an element that influences and guides men along the path of virtue, perversity or cowardice. Oable Address: LAS Office Address : 322-324 Zurbaran St. LAICO AUTO SUPPLY DIRECT IMPORTERS ESTAJB.LISHED SINCE 1932 AUTO SPARE PARTS Tel. 2-90-48 JOSE A. LAICO Manager & Prop. Res.: 1106 iFelix· Huertas =====·Sta. Cruz, Manila= JIMENEZ AUTO REPAIR SHOP !For customers satisfaction, come and try our active ·service. 2232 Oro1uieta and 703 Tayuman (!Branch) AGUSTIN JIMENEZ Proprietor Page 625 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 Continued from November No. 24 WHEREAS, the Honorables, Manuel Cuen co, Governor of Cebu, Jose U de! Gallego, Governor of Camarines Sur, and Nicanor Roxas, Mayor Quezon City have during their incumbency as herein given manifested able leadership and shown deep concern and interest for the upliftment and welfare of th!'! people of not only the political subdivision which they lead and represent but of the whole nation as well; · WHEREAS, in the interest of the people and the country such officials should not only serve the country in their present positions but they shoulcl be elevated to higher ones with more pow!lrS and greater responsibilities wherein they could serve better the interest and welfare of the people and country, NOW, THEREW'ORE, the Conference of Provincial Governors and City Mayors, in convention assembled in the city of Baguio, with the foregoing considerations, has Upon motion of Governor Jongko of Agusan RESOLVED, as it is hereby resolved, to endorse the Candidacjes of Governor Manuel Cuenco of Cebu, Governor Jose JJ. de! Gallego of Camarines Sur, and Mayor Nicanor Roxas of Quewn Citv, for Senators of the Liberal Party in the forthcoming election of elective National Officials on November 8, 1949: , RESOLVED FURTHER, to forward this resolution to His Excellency the ~resident of the Philippines and the Executive Committee of the Liberal Party, strongly recommending the candidacies of Honorables, Manuel Cuenco, Jose U de! Gallego and Nicanor Roxas, for Sen:;i,tors in the forthcoming election on November 8, 1949, furnishing copies hereof ' to the President and Secretary of th~ Liberal Party, Manila, for the{r information. Carried unanimously. No. 25 Page 626 WHEREAS, Article VI, Section 2 ot the Constitution provides that the Senate, which constitutes the upper House of Congress, shall be composed of twenty-four Senators who shall be chosim at large by the qualified electors of the Philippines, as may be provided by law; WHE.{tEAS, while such procedure of choosing Members of the Senate may be advantageous in the sense that it helps in the building of National figures who may succeed to the highest Magistracy of the land, yet in a democratic government as ours, such a method of choosing representatives of the people is sometimes inconsistent in the sense that there is unequal distribution of representation in the Senate, two or three Senators being elected from a single province while so many other provinces are not represented; WHEREAS, the procedure being adopted before the adoption of our Constitution, that bf choosing Members of the Senate by districts proves a better way in keeping with the democratic principle of equal representation of the people in the legislative branch of the government than the present procedure of choosing Senators at large, The Conference of Provincial Governors and City Mayors fn Convention assembled in the City of Baguio, has Upon motion of Governor Escudero of Sorsogon and seconded by Governor Ysalina of Misamis Oriental, RESOLVED, as it is hereby resolved, to request the Congress of the Philippines, to amend Article VI, Section 2, of the Constitution, in the sense that instead of . choosing Members of the Senate at large they should be selected by districts to effect equal representation in the upper House of Congress. RESOLVED FURTHER, to forward copies of this resolution to both House,; of Congress thru their respective Secretaries, for their information and favorable consideration. Carried unanimously. DECEMBER, 1949 No. 26 WHEREAS, the present practice of subjecting government owned cars on official duties to the payment of toll fees in certain toll bridges or ferrie:; is quite einbarras~ing aside from causing unnecessary delay on the part of the traveling official; WHEREAS, the amount spent hy government-owned cars in the payment of such toll fees is borne by the office, bureau province, city, municipality or govern~ent agency or entity to which the traveling official belongs and not from his personal money; WHEREAS. such being the case as above cited it ·would be more appropriate for toll collectors to just note in their record books the number of the car and the station of the official making the trip; · · NOW, THEREFORE, the Conf~r ence of Provincial Governors and City Mayors in Convention assembled in the City of Baguio, has of Zamboanga, unanimously RESOLVED, as it is h3rcby resolve::!. to request the Honorables, the Sec~et aries of Public Works and Commumcations, Finance and Interior, to exampt all Government owned cars traveling Upon motion of Governor Garrovillo on official business from paying toll gates fees in all toll bridges and ferr:ies including those under the revolvmg fund. RESOLVED FURTHER, to forward copies of this resolution to the Honorable, the Secretary of Public Work:; and Communications, the Honorable, the Secretary of Finance and the Honorable, the Secretary of the Interior, Manila, for their information and approval. No. 27 WHEREAS, one of the main objectives of the present administration is to bring the government ;1earer to the people and to keep and strengthen their faith in the same; WHEREAS, to properly attain this end it is necessary that the people should be afforded a fair knowledge of what is going on in the government and what the government is doing for their welfare; NOW, THEREFORE, The Confer(Continued on page 631) DECEMBER, 1949 ence of Provincial Governors and City Mayors in convention assembled in the City of Baguio, · with the foregoing con:;iderations, has Upon motion of Mayor Roxas of Quezon City, unanimous·ly. RESOLVED, as it is hereby resolved, to request all Department Secretaries and Heads of Government Agencies and Instrumentalitie:; to issue circulars pertaining to the activities of their·-respective departments, offices, agencies and instrumentalities for the c1issemination of the people; RESOLVED FURTHER, to forward this resolution to His Excellency, the Prrnident of the Philippines, furnishing copies hereof to all Department Secretaries, Bureau Directors, and Heads of all Government, Agencies and Instrumentalities, Manila, for their information and appropriate action. No. 28 WHEREAS, the occasional holding of National Carnival and Exposition is one way of promoting trade, commerce and industry, through the display therein of the various produce of the different regions of the country; WHEREAS, it is also through the holding of National Carnival and Exposition that the people could obtain first hand knowledge of things produced in the different regions of the country; WHEREAS, the last National Carnival and Exposition was held before the war; NOW, THEREFORE, in view of the foregoing considerations, the Conference of Governors and City Mayors in convention, has Upon motion of Mayor Roxas RESOLVED, as it is hereby resolved, to request the Government Enterprise Council to hold yearly National Car· nival and Exposition, the same to be sponsored bv the Department of Commerce an:d Industry on a lot in 'Qu.ezon City offereq free of charge by Mayor Nicanor Roxas, with a view to promoting trade, commerce and industry, RESOLVED FURTHER, to forward this resolution to the Government Enterprise Council, thru its Chairman, Manila, for its information anct approval, furnishing copies hereof to the Honorable, the Secretary of Commerce and Industry, Manila, and Mayor NiPage 62':Instructions Regarding Awards of Fishery Privileges (Sec. 398, Compilation of Provincfal Circulars) The following instructions are hereby has been made by the posting of no· issued tor the information and guidance tices at the municipal buiJdj.ng, the marof the officials concerned: ket and other conspicuous places as the (1) All government-owned fisheries, municipal council may determine and by unless weighty reasons are given to the a "bandillo" or town crier ten days becontrary, shall be let to the highest and fore the date of the auction. best bidder. (Section 2323 in connec- (7) In ca:ses where fisheries are to tion with sectiqn 2319, Adm. Code.) be let for a period exceeding one year, (2) The inhibition contained in sec- the resolution of. the council granting tion 2176 of the Administrative code the privilege to the successful bidder against the holding of pecuniary inte- shall be forwarded to the Secretary of rests in any mu·nicipal contract by mu· the Interior for approval, through the nicipal officials· applies to lease con- provincial treasurer, the provincial tracts of the privilege of fishery or the board and this Office 1soon after right to conduct fish-breeding grounds. its passage, so as to enable the council (3) In every municipality where to conduct the au'ction on or before the such fisheries exist, the municipal coun- end of November as provided in the cil thereof shall enact an ordinance clas· next preceding paragraph. In such sifying its fisheries by zo.nes or by ap- cases, no auction shall be held pending propriate names, f ixing the minimum advice of the approval of the Secretary price for which each fishery shall be of the Interior. Meanwhile, however, if let, and prescribing the procedure of the circumstances so require,to protect conducting the auction. ('Sections 2321 the interests of the municipality conand 2323, Adm. _ Code.) The municipal cerned, the notices and "bandillo" mentreasurer as fiscal officer of the muni· tioned in the preceding paragraph may cipality shall first be consulted and his be .published. opinion thereon obtained before such (8) In letting the privilege of ordinance is adopted. fi,;;hery or fish-breeding ground in ac( 4) A privilege of fishery or right cordance with the provisions of law t d cited above, the municipal council must b~ ~~~ f~~t aa p~i:~~r~~d~:~ ;:~~~~e;i~ require of the successful bidder, to innmg with the first day of the month of sure complia·nce with the terms and J conditions of the cotract, a bond in the anuary, or, upon the previous approval of the provincial board and the Sec- sum double the amount of his liability retary of) the Interior, for a lon<rer under such contract due for one year tu period not exceeding five years. (Sec- be executed by two or more p(m;ons tion 232·3 in connection with sect'on possessing real property assessed at nof 2319, Administrative Code.) less than the amount stated in the bond :rnd accompanied by a certificate fro~ (5) A new resolution or ordinance the municipal treasurer certifying to providing for the letting of fisheries 'the • sufficiency of 'the real .property effective in any year mu• st be enacted owned by the sureties on the bond. Mubv the municipal council in the month nicipal offiicials or employees hereby 0 '. October or ;-arlier of the y-2ar imme_ are prohibited from beinl! sureties on d1ately precedmg it. the bonds. · (6) Auction of fishery privileg'es (9) Based upon the conditions and shall he conducted not later than +he circumstances obtaining in each localiend of the month of November prior ty and the cu1stoms or practices oh· to the year in which the lease should served by fishery contractor.s and fishtake effect and no auctio·n shall be held ermen therein, the municipal council, unless sufficient publication of the same (1) Fonner Executive Burectu Pai::e 628 DECEMBER, 1V4D before holding the 1 public auction herein mentioned, may adopt an ordinance prescribing the maximum amount of fees the contractors or lessees shall ex'lct upon fishermen, with the view to protecting the general public which may suffer from exorbitant .prices. of fish. (10) ln no case shall the payment due or to be due under the contract be remitted, and no request for extension of time for the payme.nt thereof shall be granted except only in case of losses resulting from force majeure and provictetl that the • previous. approval of the Secretary of the Interior to the extension of time shall have bee.n obtained. (11) The privilege of fishing granted a private party by _ any l<;ical government shou1d not be understood as to carry with it the privilege of fishing by unlawful means, such as dynamite and poison. lf'trovincial governors. are specially requested to see that the provisions of sections 1 and 2 of Act No. 1499, as amended by Act No. 1685, and section 1 of Act No. 2255 are enforced to the letter in order to. avoid the pract.ice of fishing by unlawful means. iF'Or this purpose, proper instructions should be issued to municipal officia.Js who must be made to understand that any failure on their part to fulfill their duties in this regard will be severely dealt with. Provincial and municipal officials under the jurisdiction of the Executive Bureau (now Department of the Interior) are instructed to cooperate fully with the Constabulary and to do everything poss• ible to prevent the continuance of this practice. ( 12) In granting licenses for fishing by means of corrals or traps, municipal councils should make provisions in the ordinance for a free 1 passage of fish by lifting that portion of the corrals or dam which contains the pen or traps, for at .Jeast twenty-four consecutive hours each week. This will enable a reasonable number of fish to reach thE!ir ! S• pawning g.roundS'. Provisions should also be made to have a section of ('.he trapi so con~tructed that at can DECEMBER, 1949 readily be opened or closed to permit the passage· of launches and boats. Prov. Cirs. Nos. 153, 244, 245 c md Unwumbie1'ed Prov. C,J rs., Oct 3, 1921 ;Apr . 13 1925; June 26, 1924. ---oOo--EACH IN HIS PLACE by Angelo Patri Never before had a muskrat seemed beautiful-but then, the only ones I had ever seen had been removed far from their homes in the brookside. To be as lovely as it is in them .to be, all nature's creatures must be free, must dwell in .the place and the circumstances for which they were fitted in the beginning-bird in the sky, the fish in the sea, the man in his chosen field. My farmer f r i end is a most unhappy creature when he is forced to attend a social function. He wiggles and squirms until he gets behind a sheltering door and makes his escape at the first possible moment. On the farm he is another person. He stands like a monarch surveying his kingdom. He is the man he was intended to be, in the place that he knows to be his own. False ambition has not cheated him; greed has not blighted his Hou!; discontent has not robbed him of serenity; envy has not embittered him; peace has set the light of the Celestial City in his face, put power in his . mind and grace in his being. He is a Man. There is1 a place in this life where each of us fits. It is our mission to find it and glorify it. Compliments of M. Greenfield, Inc. E o·7J0>'ters of Philippine Hand made Em broide'ries 94-100 Lamayan, Sta. Ana, Manila c0S~~t~~s Trading Corporation I Dealers on Tires, Auto, Truck I And Tructor spare parts ·I And accessories =629 Quezon Boulevard=====~ Page 629 Ruling of the General Auditing . Office MUNICIPAL POLICE F 0 R C E.: W ITH D RAW N TEMPORARILY FROM MUNICIPALITY FOR SERVICE ELSEWHERE, SALARY OF.When a member of the municipal police force is withdrawn or mobilized temporarily by the Provincial governor under section 2084 of the Administrative Code and Executive Order No. 17ii of the President of the Philippine~, from one municipality where he is regularly appointed for service in another part of the province, his salary during t he period of such withdrawal or mobilization will be paid by tbe rµunicipality where he ha;; been duly appointed but his traveling expenses incident to or arising from, the said temporary withdrawal or mobili7.ation will be paid by the province. This ruling amends accordingly the provisions of section 633 (a) of the Manual of Instructions to Provincial, City and Municipal Treasurers and revokes all previous rulings on the same ~ubject which are in conflict herewith. 1st Ind., April 3, 1941, of Aud. Gen. to the Provincial Auditor of Pampanga; see Provincial Division Circular No. 520, dated April 15, 1941, of the General Auditing Office. ADDITION AL COMPENSATION NOT AUTHORIZED FOR GOVERNMENT OFFICIAL GIVEN TEMPORARY DESIGNATION UNDER C. A. 588.- Respectfully returned to the Honorable, the Secretary of Finance, Manila, inviting attention to the following excerpts of the letter of the Secretary to the President of the Philippines addressed to this Office under date of July ·30, 1941: "In connection with the aforementioned provi!;ions of Section 1 of Commonwealth Act No. 588, His Excellency, the President, d~sires that any Government official given temporary designation under said Act shall, unless expressly authorized to receive additional compensation in his designation or in a subsequent order from the President, be l'Jiow0 'd to draw only his regular compensation as usual in consonance with the provisions of Section 261 of the Administrative Code. "It is requested that this instruction be circularized for the information and guidance of all officials and employees concerned in that office." Page 630 The above was embodied in General Circular No. 324 and Provincial Treasurers' Memorandum No. 581 of this Office. Unless advised that the policy enunciated above by his Excellency, the President of the Philippines, has either been revoked or modified, this office will be constrained to continue its enforcement.-3rd lnd., Dec. 19, 1946, of the Aud. Gen. to the Sec. of Finance. DURATION OF AUTHORIZATION FOR AUTOMOBILE ALLOWANCES. -There is no definite rule as to the length of the period authorizations for automobile allowances should be held valid. Years ago, the Department of the Interior, then exercising. full authority in matters of provincial automobile allowances, established the rule that such authorizations should be renewed yearly; but since the decentralization of that authority among the different Departments that rule has not been consistently enforced. As a result there are now authorizations for indefinite periods subject only to the availability of appropriations. It is, therefore, our opinion that authorizations for automobile allowances do not necessarily terminate with the fiscal year, unless the resolution of the prnvincial board or the Department approval or both so provide. -1st Ind., July 17, 1939, of Aud. Gen, to the Provincial Auditor of Misamis Occidental; G.A.O.F. 13.1 Mis. Occ. CAN MUNICIPALITY APPROPRIATE FUNDS FOR BENEFIT OF FEW INHABITANTS THEREOF?The Municipal Council of Loon, Bohol, in its Resolution No. 86, series of 1937, has set aside the sum of 1'100.00 from the general fund of the municipality for the relief of the four widows of Cabilao Island, Loon, whose husbands died at sea in the typhoon of November 17, 1937. According to the within papers, these widows are poor and indigent and have no means of livelihood and that they are in need of help. T.his case presents the question: Can the municipal Council appropriate municipal funds for the benefits of a few inhabitants of the municipality? DECEMBER, 1949 We are not aware of any law authorizing the municipal council to appropriate municipals funds for the purµose stated above. In this connection, attention is invited to section 2288 of the Administrative Code which provides as follows : " Use of municipal funds.-Except as al· 10wed by law, municipal funds shall be devoted exclusively to local public purposes." Taxation is the taking away of private property for pub1ic use. In the instant case, a portion of the taxes collected from the inhabitants of the municipality of Loon is being appropirnted by the munic~pal cou!llcH as relief aid to the four widows of . Cabilao Island. This cannot be done because the ''rule is well edablished, and supported by numerous well considered cases that municipal corporations have only such .powers as are expressly granted in their charters or are necessary to carry into effect the powers so granted. 1t is a rule of public utility, and courts should recognize and enforce it as a safeguard against the tendency of municipalities to embark in enterpriSE,!S not germane to the objects for which they are incorporated." (Dailey v. City of New Haven, 60 Wis. 314). "Taxation is the absolute conversion of private property to public use, and· its validity rests on the use. In legislative grants of the power to municipal corporations, the public use must appea.r. The legislature can delegate the power to tax; and the validity of the delegation rests on the public purpose. Were this otherwise, as was said at bar, municipal taxation might well become municipal plunders." (Attorney General v. Claire, 37 Wis. 436). Public use "must be for the benefit and advantage of all the public and in which all have a right to share." (Smith v. Smythe, 197 N.Y. 457, 463; 90 1121; 44 Corpus Juris, p. 1109). What is a local purpose? "The term 'local purpose'*** means a purpose the benefit of which is confined to a particular locality or limited district. A local ·purpose has reference to the citizens or interest of a particular locality"." (Words and Phrases Judicially Construed) . "A municipal council canDECEMBER, 1949 not expend public funds for any purpose it may desire; in expending money municipalities are rigidly restricted to the purposes authorized by law. * * *. A municipal corporation cannot expend its funds for private purposes, or make appropriations for donations." ( 44 Corpus Juris, pp. 1108, 1109) . In view of the foregoing, our answer to the question is in the negative, it appearing that the sum of 1'100.00 voted by the Municipal Council of Loon in its Resolution No. 86, series of 1937, as relief aid to the four widows of Cabilao Island, Loon, whose husbands died at sea in the typhoon of November 17, 1937, is not for a local public purpose ·or public use, and hence, not within the powers of the municipality to grant.-llth Ind., Sept. 22, 1938, of Aud. Gen. to Sec. of the Int.; G. A. 0. Pile 120. Rizal- -- (Continued from page 604) home. I have only my parents, but my country has many sons besides myself who are able to take my place and are already taking my place successfully. I desire, furthermore, to let those who deny our patriotism, see that we know how to die for our duty and for our convictions. What matters death if one dies for what he loves, for his motherland.,and the beings he adores. If I supposed that I was the only fulcrum for the policy of the Philippines, and if I were convinced that my fellow countrymen would utilize my services, perhaps I should hesitate to take this step; but there are still other::; who can, with advantage, talke my place. ·I .. have always loved my poor mother. land, and am sure I shall love her to the last moment, even though perhaps men are unjust to me; and my future, my life, my joys, all have been sacrificed for my love of her. Whatever my fate may be, I shall die blessing her and longing for the dawn of her redemption. . Publish these letters after my death. -Jose Rizal. (Reprint from PANO· RAMA, Vol II, No. 12. Activities - - - (Continu ed from page 627) canor Roxas of Quezon City, for their information. Carried unanimously. Page 631 The Public Land Act :FIRST NA:TOINAL ASSEMBLY First SessiorL.B. NO. 366 (COMMONIW'EALTH ACT NO. 141) AN ACT TO AMEND AND COMPILE THE LAIW'S RELATlVE TO LANDS OF THE JP>UIBILIC DOMAIN Be it enacted by th3 Ncitional Assembly of the Philippines : · TITLE I TITLE AND APPLICATION O\F THE ACT, LANDS TO !WHICH IT REFERS, AND . CLASSIFICATION, DELIMITATION, AND SURVEY THEREOF FOR CONCESSION. CHAPTER I.-Shoi·t title of the Act, lands to which it applies, and officers chai"Qed with its execution SECTION 1. The short title of this Act shall be "The !Flublic Land Act." SEC.2. The provisions of this Act shall apply to the lands of the public domain; but timber and mineral lands shall be governed by special laws and nothing in this Act provided shall be understood or construed to change or modify the admin1 istration and disposi· tion of the lands commonly called "friar lands" and those which, being privately ownµd, have reverted to or become the property of the Commonwealth of the r • hilippines, whose administration and .disposition sha]] be governed by the laws at present in force or which may hereafter be enacted. SEC. 3. The Secretary of .A..gricul· ture ·and Commerce shall be the executive officer charged with carrying out the provisions of this Act through th'! Director of Lands, who shall act unde; his immediate control. SEC. 4. Subject to said control, the Director of Lands shall have direct executive control of. the survey, classification, lease, sale or any other form of concession or disposition and manag· ement of the lands of the public domain and his decisions as to questions of fact sha]] be conclusive when ap.proved by the Secretary of Agriculture and Commerce. Page .632 SEC. 5. The Director of Lands with the approval of the Secretary of Agriculture and Commerce, shall prepare and issue such forms, instructfons, ru· Jes, and regulations consistent with this Act, as may be necessary and proper to carry into effect the provisions thereof and for the conduct of proceedings arising under such provisions. CHAPTER II-Classification, deliiJm1 :tation, and survey of lands of the public domciin·, for the concession thereof SEC. 6. The IFlresident, upon the recommendation of. the Secretary of Agriculture and Commerce, shall from time to time Classify the lands of the public domain into..__, (a) A• lienable or disposable (b) Timbers, and (c) Mineral land~, ,and may at any time and in a like manner transfer such lands from one class to another, for the purpose of their administration and disposition. SEC. 7. For the 1 purposes of the administration and dispoosition of alienable or disposable public lands the President, upon recommendation of the Secretary of Agriculture and Commerce, sha]] from time to time declare what lands are open to disposition or concession under this Act. SEC.8. Only those lands shall be declared open to disposition or concession which have been officially delimited and classified and, when :practicable, surveyed, and which have not been re· served for public or quasi-public uses, nor appropriated by the Government, nor in any manner become private ·property, nor those on which a private right authorized and recognized by this Act or any other valid law may be claimed, or which, havring been re· served or appropriated, have ceased to be so. However, the President may, for rea_ sons of :public interest, declare lands of the public domain open to disposHion before the same have had their bound· aries established or been surveyed, or DECEMBER, 1949 may, for the same reason, suspend their concession or di.sposition by proclama· tion duly .published or by Act of the National Assembly. . SEC. 9. For the purpose of their administration and disposition, the Jands of. the public domain ali:mab:le. or open to disposition. shall be classified, according to the use or purposes to which such lands . are destined, as follows: (a) Agricultural. . . (b) Resident~al,. commerc1.al, Industrial, or for .s1m1lar productne purposes. (c) Educational, charitable, or · other similar .purposes. , (d) Reservations-, for .town siLes and for public and quasi-public· use~. The President, upon recommendat10n by the Secretary of. Agriculture and Commerce shall from time to time make the ~lassifications provided for in this section, and may, at any time and fin a similar manner, transJl.er lands from one class to another. SEC. 10. The 1 Words "alienation., "disposition," or "concession" as used in this Act, shall mean any of the methods authorized by this Act for the acquisition, lease, use, or benefit of. the lands of the public domain other than timber or mineral lands. TITLE II AGRICULTURAL PUBLIC LANDS CHAPTER II/I.-Fonns of concession of agricultural lands SEC. 11. Public lands suitable for agricultural purposes can be disposed of only as• follows, and not otherwise: (1) \ "For homestead settlement. (Z) By sale. ('3) \By lease. {11.) By confirmation of imperfect or incomplete titles: (a) By judicial legalization . (b) By adm'.ni ~trative legaliza· tion (free oatent). CHA/P>TER IV. - Homesteads SEC. 12. Any citizen of the Philip· pines over the age of ei!l'hteen years, or the head of a family, who does not own ~ore than twenty-four hectares of land in the Philippines or has not had the DECEMBER, 1949 benefit of any gratuitous allotment of more than twenty-four hectares of land since the ocrnpation of the !Philippines by the United States,. may enter a homestead of not exceedmg twenty-four hectares of agricultural land of the public domain. SEC. 13. Upon the filing of an ap· plication for a homestead, the Direc.tor of Lands, if he finds that the apphcation should be approved, shall do so and authorize the applicant to take possession of the land upon the payment of five pesos, Philippine currency, as entry fee . . ''Wlithin six months from and after the date of the approval of the application, the applicant .shall begm to work the homestead, otherwiEe h!:' shall lose his prior right to the !and. SEC.. 14. No certificate shall be given or patent issued for t~e land applied for until at least one fifth .of. the land has been improved and cultivated. The period within which the land shall be cultivated shall not be less than one nor more than five years, from and after the date of the approval of the application. The applicant shall, withi·n the said period, notify the Dir.2ctor of Lands as soon as he is ready to acquire the title. ~f at the date of such notice, the apphcant shall prove to the satisfaction of . the Director of Lands, that he has resided continuously for at least one year in the municipality in wihch the land is located, or in a municipality adjacent to the same, and has cultivated at least one-fifth of the land continuously since the approval of the application, and shall make affidavit that no part of ~aid land has been alienated or encumbered, and that he has complied with all the re:i.uirements of this Act, then, upon the payment of five .pesos, as final fee he shall be entitled to a patent . . SEC. 15. At the option of the applicant, payment of the fees required i? this chapter may be made to the mumcipal treasurer of the locality, who, in tnrn. shall forward them to the provincial treasurer. In case of delinquen· cy of the applicant, the Director of Lands may, sixty days after such delilTo be continued) Page 633 REPUBLIC OF THE PHILIPPINES Department of P ublic Works and Communications BUREAU OF POSTS MANILA SWORN STATEMENT (Required by Act No. 2580) The undet'signed, PETRA · 0. RIVERA m:.naging editor, business manager, owner, puhlisher, of THE LOCAL GOVERNMENT RtWIEW published monthly in English at 83 D. Tuazon Ave. Cor. 50 Laon-Laan, Q. C. after having been duly sworn jn accordance with law. hereby submits the following statement of ownership, management, circulation, etc., which i:3 required by Act No. 2580, as amended by Commonwealth Act No. 201: N A M E POST-OFFICE ADDRESS Editor : JUAN F. RIVERA 83 D. Tuazon Cor. 50 Laon-Laan, Q.C. Managing Editor: PETRA 0 . RIVERA 83 D. Tuazon Cor. 50 Laon-Laan, Q.C:. Business Managcer: PETRA O. RIVERA 83 D. Tuazon Cor. 50 Laon-Laan, Q.C. Bublisher : PETRA 0 . RIVERA 83 D. Tuazon Cor. 50 Laon-Laan, Q.f:. Printer : BUSTAMANTE PRESS 22 Espana Extension Quezon City Office of Publication: 83 J\. Tuazon Ave .. Cui-. 50 Laon-Laan, Quezon City. If publication is owned by a corporation, stockholders owning one per cent or more of the total amount of stocks : N 0 N E N 0 N E Bondholders, mortgagees, or other security hoWers owning one per cent or mol'e of total amount of security: N 0 N E N 0 N E In case of daily publication, •average num bet' of copies printed and circulated of each issue during the preceding month of . . ....... . ..... . .. . ... ... . , 19 ...... : 1. Sent to paid subscribers . . . . . . . . . . . ......... .. ... .. ........ N 0 N E 2. Sent to others than paid subscribers ········· ····· ·· ....... ... N 0 N E Total .... ... .. .. ... .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N 0 N E In case of publication other than daily, total number of copies printed a.nd circulated of the last issue dated November 1949. 1. Sent to paid subscribers ..... . . .... . .•.... . .. . .... . ....... .• . . .. . · · 1,666 1,334 3,000 2. Sent to others than paid subscribers . . ... . .. .. . ......•.. . .....•... . .. Total ...... . ..... . ........... ... . . .. . .. . .. . •. . .. . .............. . . (Sgd.) PETRA 0 . RIVERA OWNER AND PUBLISHER Subscribed and sworn to before me this 20th day of Decemlier, 1949, at Manila the affiant exhibiting her Residence Certificateo. A-264701 issued at Manila, on Jan. 12, 1940. Doc. No. 750 Page No. 22 Book No. X Series of 948 Page 634 , (Sgd.) EMILIANO ANONAS Notary Public My commission expires on Dec. 31, 1949 DECEMB_ER, 1949 1--------lI 0 R Q SC 0 PE- ---,-----UJe'l.e 'l{ou BMn Jn ~ecem6.e'£ DECEMBER 1 A restless discontentment with location and associations must be overcome before your talent of self-expression and leadership can make itself felt. You should be more tolerant of people. DECEMBER 2 Dwelling at too great length on things of trivial importance keeps you from handling big problems that your analytical mind qualifies you to master. Your mind is technical and could do well in engineering. DECEMBER 3 You are one whom the emotions ar~ apt to affect more thaii you know unles::; you have studied all that can happen in this department of life and pick your way. Be on guard against deceptions. DECEMBER 4 M-:iny f'harp changes come to one born on this date but they are ever for the best, though you insist upon doubting. By systematic reading you can better prepare your mind for changes in work and location. · DECEMBER 5 You are adventu1·ous but have a tendency to go to the extreme. At times you are very sarcastic, which creates much animosity toward you. Encourage the efforts of others and indication• point to much happiness in later life. DECEMBER 6 Memory is an outstanding qualification of one born of this date and it should be applied to some commercial use such as librarian or teacher. To make a Success of life you must learn to forget grievances. DECEMBER 7 Unhappy adventures await the explosive emotional nature that too quickly comes to conclusion. Stop, analyze and look before you leap. Take up art stud~· or writing that will slow down your im~ pulsive expression. DECEMBER 8 The field of politics an<l club secretarial work finds a place for one born of this date, who is a great friend maker and gifted with strong thinking and force to express himself. You will always attempt too nu,ch. DECEMBER, 1949 DECEMBER 9 Born of this date is a fiery temperament that will interfere with good judgment unless it is curbed. You are apt to be over·confident and your aggressive ness misunderstood. Better to keep out of politics. DECEMBER 10 If born on this date you will develop within you inclinations to live your life for yourself alone. Your powers will prove constructive when identified with someone besi4es yourself. DECEMBER 11 The child born of this date develops physical power ahead of mental capacity, though better qualified to work with head than hands. Avoid secret agree·· ments and shun speculation. DECEMBER 12 The deep and earnest thinker born of this date is liable to get so wrapped in personal interests t hat he will be readily misunderstood. Your inclination tu work within yourself calls for plenty of out-door exercise. DECEMBER 13 Born of t his date you are possessed of a rare intuition which if followed closely will lead to outstanding success. Suggestions are that your inclinations seem to fit for a professional life. DECEMBER 14 Ambition to get ahead inclines one to hurry an<l slight the work of the moment. Live today for today and make today's accomplishments count. Be careful not to crowd others in your ambition to succeed. DECEMBER 15 Eagerness to produce results and ambition for advancement can lead you to take on a larger burden of labor than either your physical or mental capacity Will carry. Too much ambition is a dangerous thing. DECEMBER 16 Born of this date is a careful student and a patient teacher with a great love of research that can do well in the study of psychology. Welfare or public service work has a place for such good talent. Page 635 DECEMBER 17 It is easy for one born of this date to go to extremes in most everything. You have a magnifying mind that usually thinks conditions worse than they are. Religious association will be most helpful. DECEMBER 18 The dav is unfavorable for speculation or any deal in'volvin'g risks. It is essential that you be cautious in all matters that have to do with your personal life. You have a keen intelligence. DKCEMBER 19 Put a finish to the work at hand as training for an impulsive mind that chooses to rove. Consider the time element as important ii1 all success and a void all clerical work. DECEMBER 20 You at·e very serious-minded, which will help you with your work. Your best efforts wil come from your dealinl? with materia 1nedica, law, or criticl l writings. Avoid friends you do not trust. DECEMBERt21 A l!reat friend is born this day with abundant energy and a quiet way of gaining the help of others. Your care in handling details and ability to get alon.r with people fit you for business management. DECEMBER 22 There is courage and conviction with a strong determination to see things through to a successful conclusion. Impatience to see results causes unhappiness. This person should be very good. 'DECEMBER 23 Born of this date you are readily influenced by both comment and environ - ment and are not an individualist. YoH are better at the carrying out of orde1·s than dictating them and are well fitted for accounting work. DECEMBER 24 Here is a struggle to follow ideals above the commonplace and some query whether it is worth while. Your best. services can be rendered your fellowman in church or in public service work with happiness. - Page 636 ·DECEMBER 25· You are highly sensitive and your interest in things continues long after they are forgotten by others. You love the out-of-doors and are keen for physical activities. Avoid homely women. - DECEMBER 26 Given to an undervaluation of your own ability you should seek the association of those who understand. Your retiring nature can be overcome by active work in some fraternal body. DECEMBER 27 The keen, close-observing and •ttentive mind born of this date will l?O far in the bankinl!" world if there can be rlev.:loped a sufficient patience that will let the elements of success mature. DECEMBER 28 Peculiar circumstances hover around the child of this date, who is methodical · and industrious. A great fried in time of trouble. This sympathy should Le given to public welfa1·e work. DECEMBER 29 Born of this date are not given to detail work because they do not reach below the surface of situations. The love for travel should be subdued until proper patience and persistence develop. DECEMBER 30 . Here is an alert mind tHat is f!Uick to see through propositions and pecple with a sound appreciation of real value, . A hani-ainff by nature who should he identified with a purchasing department. DECEMBER 31 One born of this date is inclined to take the events of the world too seriously and should find association with lighthearted people who insist upon getting more out of the world than they put into it. "On:e fact stands out in bold relief in the history of. men's attempts for bet~~r ·ment. That is that when co1npulsion is used, only resent1nent is aroused, ·and the end is not ga,ined. Only th»&ugh ·iiw .. ral suasion <ind appeal ·to men~s reason can a nwvement succeed." -SAMU,EL GOMPERS. # DECEMBER, 194~ INDEX (REFERENCES ARE TO PAGES) Abra. history, 416. Absence, from province, 448-2. AcJditional compensation, substitute municipal treas\.lrer, 376; temporary designation, 630. Administration, police for~s. 256; program of, 495. Administrative cases, investigation, 499-53; force and effect of decisions rendered during Japcmese occupation, 530; proceedings for derelic, tions, 486-76; see also suspension. Administrative Code, sections 1 to 17, 616; section 2242, 170; section. 2243, .271. Administrative control, removal, 606 Administrative investigation, superio~ order, 605. Allowance, automobile, 452; subsistence 'and lodgini::. 185, 457; quarters for chief of fire departrnen·~. 457. for provincial auditor, 511, for division superintendent of schools, 318; students, 499·61; duration, 630; gasoline for municipal mayor, 455; overtime, 275; disability , 489-84; 498-38. Antonio, Sixto, biography, 497. t AJJpeats, filling of position pending corisideration of appeal, 404; from api:>ropriafion ordinance, 487-6~ see also ordinance. Appoiutments, 448-8; employes of library branches, ltlC. Appropriation, defintion, 282: benefit of few inhabitants, 630; appeals, 487-63; in specially organized provinces, 499-48; general welfare, 449-18; water transportation, 449-29; non-Christians, 47330. Assessment, schedule of values, 498-43; general revision of values, 498-44; extension of ,payment of tax. 498-45; remission, 498-47; C.A. 470 not applic-able to cities, 508. ' Assist&nt provincial treasurer, appointment, 44810: compensation, 448~ll. Assistant sanitary inspector, creation by municipalit:r. 310. Athletic meet, municipal aid, 599. Back pay, ruling of Auditor General, 185; temporary employes and laborers, 17; speech on backpay, 103; amortization, 261. B~ckwardnes, causes, 43. Backyards, cleaning, 502. Bt-trrio lieutenants,. badges, 340. Barrios, organization, 5. Beauty contests, 451. Bidding, purpose, 272; revision, 488-68. Bili of Rights, 79; for chilQren, 494. Billboards. rules and regulations, 410. Board of Tax Appeals, per diems of city councilors, 457. Bookkeeper, not chief of division, 403. Boundary, settlement. 509; modification, 355; roads, brjdges, and ferries, 499-58. Boys· Town, aid from sweepstakes, 501. Budgets, suspension, 167; municipal procedure, 209; for municipal districts, 261; reserve in elec-tric light plant and waterworks. 262; plantilla, 488-7; 499-56; salary increases, 262, 455; approp-rfation and item defined, 2'82; supervisory authority of Secretary of Finance, 408; effectivity o.f new positions and salary increases, 407; naticmal allotment for specific projects, 451; engineering fund, 453, salary percentage, 454, 487M; national aids, 454; approval of provinciar treasurer not necessary, 309; municipal treasv.i·er '$ revenue estimate, 310; overdraft, 487-66; tnansfers from municipal general fund, 354; filJina of position of suspended employe, 403. Caaastral costs, condonation, 261. Carniva1, petit, 451; see <!lso exposition and fair. Chief Executive, control and supervision and extent of executive power, 606; nature of power of suspension, 607. Chi1ciren, bill of rights, 494. Christmastide, 598. Cirt'Ulc.rs, leave privileges for temporary employes, 405; effectivity of new positions and salary increase, 407; displaying of signs, signboards and biJlboards, 410; Rizal Day, 495; program of adrriinistration, 495; fees on foodstuffs, 523 Citizenship Decalogue, 372-C. · Cit.{ Mayors, minutes of conference, see minutes. City Planning, see town planning. Civic anc;i Ethical Principles, 4, 372-D. Civil Service, examination questions for policernen, 47; hints for second grade civil service • a~ph ants, 114. · Civil Service Board of Appeals, norm of conduct o" public employes, 163. Cl:1:::sification, provinces, 9; Republic Act 130, 14; r..umicipalities, 81, 171; data, 93; municipalities raised in class, 321. Cle::i.n-up-week, prizes, etc., 18~. Cockpits, scope of regulatory power of council, 225. Commission on Elections, votes obtained by provincial 1 governors and board members, 51, city c:>uricilors elect, 58; list of rq.unicipal official! -Abra to . Albay, 59; Antique, Bataan, Batanes, Batangas, 188-191; Ba tang as, 242; Bohol. 332. Cl•Jnpensation, vice-mayor and councilors, 488-74; in line of duty, 499-63; additional. 630. C011duits, construction, 449-24. Conference of Provincial Governors and City Mayor~ . see minutes. Constitution of the Philippines, 358; declaration of principles, 144; conservation of natural resources, I 206, Con~titutional convention, interpretation of deliberation, 607 Constitutional iaw, separation of powers. 605; allocation of power, 605; powers of the chief exect1.tive, 606. Co:wention, see minutes. Conveyance, real property, 448-1; 499-55. Convocation, mayors, 449-25, 500-68. Cooperative marketing associations, active parti-· c.:ipation of municipal officials, 593. Court~. accommodation, 449-16. r'q1z. Eugenio E., ramie culture, 568. Cu~nco, Miguel, message, 205. D.:lhl, Robert A., science of public administration, t.72. Del.eg<ttion of authority, 185, 509. DE.parfment Order, dates of occupation and liberation, 56; classification of mU.ncHpalities, 81, 171; leasing of market stalls, 563. Departments, interdependence, 605. DiS~ibility, see allowance. Disbursements, school purposes, 487-65; emergency, 498-33. Dh~cretionary funds, disbursement, 11; expenses churgeable, 12, 237 Disei'lses, poultry, 239. Division superintendent of schools, quarters allO\\"ance, 318. Ilf)nation, government :funds, 453; provincial property, 455; trophy, 185. I ----~-------~-- 637 - Draft animals, 449-17. Dres~making, 353. / Editorial, compensation for provincial officials, 75; neglected factors in municipal administration, 142; more gubernatorial powers, 207; where local governments'stan·d today, 304; thank you, 590. Etf.iciency, 286. Election, expenses, 262; meetings and parades, 281. Emi 1tnt domain, 449-23, 499-54, 500-67. E!i1ployes, positions iri cooperative marketing asscciations, 594; suspension and filling of position, 403; filling of position pending consideration of appeal, 404; leave of temporary, substitute and emergency employees, 405; leave of temporary teachers, 406; purchase of real estate, 499· 51; plantilla, 499-56. ' Engineering fund, employment of paymaster and 1 inspector-checker, 453. Equipment and supplies, see requisition. Excess condemnation, 489-81. Executive Determinations, 261, 309, 353, 403, 504, 599. Executive Orders, civic and ethical principles, 4: increase of salary of policemen, 16; budgets and' pJantillas, 167; admi\}istration and suspension of local police forces, 256; approval or disapproval of rr.ayor's executive order, 488-77. Experience, 40. Exoosition and fair, proceeds, 317; provincial, 455i nnmicipalt' participation, 455: petit carnival, 451. Expropriation proceedings, data required, 509; see al;:;o eminent domain and excess condemnation. Fa~hion schools, 353. Faypon, P erfecto, message, 447. Fees. foodstuffs, 523; tuition and matriculation, 237. 486, 498-34; market, 504. Fer.ry. letting, 487. Fiestas sanitary measures, 235. Filipin~ thoughts, living in harmony with neighbors, 322; dwell together, 322; ancient Filipino culture, 433; faith in a fort, 458; why the Cebuans became Christians, 458; ancient justice in the Visayas, 475; beginning of Manila's last royal dynasty, 475; gratitude of an ancient Manila king. 620; defend liberty, 620. Fire department, quarters of chief, 457; administration, 486-55; secondary regul.,.tions, 487-56; fighting ap·paratus, 487-57; fire preventive regulations, 181. Fire:a.rms, officials entitled, 600. Fiscal year, effect on section 2'309, Adm. Code, 594. Fish sauce, 163. Fisheries, income from, 505. Fishuies Act, 214, 265, 311, 379, 513. Fishery, 'awards' of privileges, 628; disputed juti~diction, 488-69; letting, 488-70. Fishin&. close season, 455. Fishpond, license tax on occupation, 593. Flag, Quezon's Flag Day message, 323. Foreign governments, buildings owned by, 601. Fvnst lands, charges on, 454; rentals. 599. F1·et>dom of speech and press, 460, 607. l'w;d,s, rice purchase, 317; permanent public imrro't ement, 309, 487-61; road and bridge, 449-28, 29; subsidy from road and public works, 498:a~ transfer, 309, 455, 498-42; gasoline and motor vehicle, 309; donation, 453. General Auditing Office, rulings of, 12, 185, 237, 275, 317, 375, 457, 501, 630. Ccnnal welfare, rules, 499-48; appropriation for purposes not specified by law, 449-18. Government administration, 31. Health, world health day, 385. Heraldry, introduction to, 400. High Schools, policy, 262; municipal, 317. HiRtorical documents, general orders Nos. 43. 187; Maura Law, 328, 389, 483; proclamation of Philippine independence, 350. ' lfolicJays, wages during,' '"502. Horoscope, January, 71; February, 139; March, 203; April, 251; May, 299; June, 347: July, 395; Aug\ISt, 443; September, 491; October, 583; November, 585; and' December, 635. llocos Sur, exposition and fair, 67; history, 450. Imol'O\'ements, survey:, 500-65 InsPection, provincial governOr, 511; municipal mayer, 512. Inve~tment, fixed deposits, 449-21. Irrigation, power pumps, 600. Jefferson, Thomas, desirable government, 493. Jitneys, operation, 403. Labor, message, 298. Lai.:erna, Jose L., sources of local revenues, 420. Leave. 405. Legarda, Trinidad F., commandments for modern parents, 589. Legisl-.tive power, delegation, 461. Lit.e:-ty and the police, 238. Libraties, establishment, 179, 599; requiremeri.ts. and ~ldq25~. LicE:nse taxes, method of collection, 353; sawmills or manufacturers of lumbers, 510; exce~ding rate, 488-71. Lieutt-nant governor, salary, 449-19. Li~gad, Jose B.. message, 255. Loans, 449-20, 499-62; municipal funds, 498,..32; from toll collections, 498-36. Local autonomy, protection of .. 20, history, 31; au· thority to levy taxes (C.A. 472) 94, 149; instruc· tion::; on enforcement, 222, 277. Local governments, supervisory power over, 607. Local Government Review, approval of' Sec . . of . Finance, 284, of Dir. of Public Schools, back page Jtm.e number, '{>f Sec. o{ the Interior, back page July number, of Dir. of Pvt Schools, 182; purpost., 2; message of President of the Philippines, 3; review of magazine, 346. Local Officials, Perfecto Payfon, 68; Jose R. Collantt.~. 69; Dominador Chipeco, 111; Andres Agcaoili, 113; Dorotea Belmonte, 121; Jacinto Borja, 153; Manuel Yia. 159; Nicasio Marin, 184; Roman de Dios, 199; Balbino Kabigting, 219; Ladislao Palma, 227; Filemon Samaco, 236; Guillermo de los Reyes. 402; Jorge Labayo, 402; Ramon E~tanislao, 424; Manuel H. P. de la Serna, 427; Anntolio Ynclino, 459; Perfecto P Lingao, 459: F..icardo D. Miranda, 474; Roman ·L. Perez, 548; Eonifacio C.- Gaitan, 548; Pedro Belderol, 556; Dama so V. Abeleda, 556. Lough·Uow, Henry, "The Psalm of Life," 446. Luna, Antonio, 357, 532. Mabini, Apolinario, 113, 357. ~fah·jong, 592. Mant.:al of Instructions to Treasurers, 11. Markets, establishment, 428; letting, 487-67; fees, 504 . ·Maura Law, 328, 389, 438, 483, 536. M"JltOr. official rank, 309. Mee1.h:gs, see sessions. Me.mbe-rs of Provincial Board, possession of fire~irms, 600; performance of ministerial duty, 451. Me.ssages, President of the Philippines, 3; Sec. of the Int , 74; congratula'tory, 78, 201; Sec. of Fi· , mn1ce, · 143; Provincial governor of Cebu, 205, • of Pampanga, 255; undersecretall'y of the Interior, . 351; provincial governor of Ilocos Sur, 447. Ministerial duty, 451. :ri..·li.m.1te!' of Conference Or Governors and City Mayors, 63, 129, 192, 245, 2.93, 3.41, 392, 439, 469, coo . 557, 626. 'Municipal affairs, 319, 377. Municipal aid, athletic meet, 599. Municipal autonomy, see local autonomy. Municipal contract, pecuniary interest, 399. Municipal corporation, power of municipal councH, 126; legality of municipal proceedings, 165; scOpe of regulatory power, 225. Municipal councilors, badges, 340; actual and necessary expenses, 237. 501, 502, 599; per diems, 600: compensation, 488-74. Municipal councils, rural, 96; powers, 126, manda.'.. h>ry powerS, 170; flying sessions, 218; scope of rP.gulatory power, 225; discretionary powers, 271; cnr!·plexion, 404; modification · of travel expense .iaw. 275. Munic!pal dis.tricts, .budget procedure, 261; organi?ation, 489-82; taxation, 489-83. Municipal employ es, subsistence allowance, 457. Municipal funds, use, 630; deposits, 487-59, 60. Municipal Law, 621. Mtrnkipal library, e'stablishment, 599. Municipal mayor, badges, 340; discretionary fu'nd, 231; right to pension, 457; gasoline allowance, 455; convocation, 5'00-68. Munic5pal police, salary for service outside munir.ipality, 630; municipal police l~w annotations, 44; powers and duties, 109; arrests and seizures, 177, 229 . Municipai treasurer, residence, 404; salary as deput:1, 488-73. Mu.nicipalities, organization, 5, 488; new 321; classifiC'~1tion, 81, 171; data for reclassification, 93; vis!tation, S09; Republic Act No. 130, 14. N'1.tional Anthem, history, 373. National '?'Oads, traffic, speed of motor vehicl~s. 456 Nepotism, Construed, 417. · Noll Me Tangere, "Filosofo Tasio," 603. Nurseries, policy on establishment, 518. · OffiC'es and officers, suspension of subordinate, filHng of position, 403, 404; bookkeeper not considered chief of division, 403; municipal special agent, 262; rural policemen, 451; paymaster and inspector-checker, 453; meat inspector tr'ainees, 261; division superintendent of schools, 313: substitute municipal treasurer, 376; de jure officer's salary, 501. Official holidays, wa)es during, 502. Opinions of Secretary of Justice, 17, 179, 218, 273, 408, 530, 592. Orctinance, requisites, 461; revocation, 165; power of provincial board, 165; appeals, 183, 488-78; control of poultry diseases, 239; pre-election· ?T'eetings and parades, 281; preservation of natur~l.1 beauty of scenery, 410; constructions owned by foreign' governments, 601; appropriation, 487-63. Ol3rnefi<J, Sergio, a government of law, 285. Overd.1·afts, 487-66 . .. Ov£.rtime, subsistence, 457. Palma, Ladislao, functions of provincial auditor. 411. Parade, see streets. Park, minimum area, 451. Patrol service, 486-52. Peanut industry, 425. PeHsion, appointive mayor, 457. Per diems, members of board of tax appeals, 457; com~cilors, 237, 600; vice-mayor, 237; municipal officers and employes, 275; payment of straight per diem, 376. Perse\ erance, 132. Philippine Apparition~ 519. Philippine Constitution, 358. Piftlippine Flag, 373 . Phmppine National Anthem, 372.:.B, regulations. 388. . Philippines, Japanese occupation, 56; liberation, 56. Pir.-ture, municipal officials, 503. Pi.lar, Marcelo H. del, 113. Pl~ntilla, see budgets; effectivity of new positions and salary increases, 407. Plants, medicinal, 524. Police Department, creation, 486-46; salary, 16; abnlition of position, 486-46; rqanual of police, 48G-47; civil service examinations, 47, 173; municipal police law annotations, 177; appropriation for additional policemen, 220; administration, 256; rural policemen, 451; uniform for chieE of police, . 237; supplementary police regr1.laticns, 486-48; police uniforms, insignia, 48651; police arms, 486-50; specification of police Equipment, 486-51; patrol service, 486-52. Po!itical law, see municipal corporation. President of the Philippines, judicial review of official acts, 605; supervisory power over local governments, extent, 607; duty to preserve and cieff'nd the Constitution, 607. Principal cler\t, signing• of promotional appointmc:nt, 457; salary and traveling expenses as acting municipal treasurer, 376. Prisoners, cost of subsistence and transportation, 238; confinement of municipal and provincial prisoners, 498.,.40, 41. Procession, 460. PrC1cl<•mation, Filipino Youth Day, 302:. World Health Day, 385. Pr(;hibition, control of judicial or quasi-judicial functions, 605; scope, • 606. Pronur. ciamentos, 44, 113, 154, 218, 270, 308, 357, ' 417, 456, 512. PrQtectionism.' decalogue, 397. Prcvinces, classification, 9; Rep. Act 130, 14; raised in class, 3~1; dates of occupation ·and liberation, 56. Pro,·incial affairs, 448, 498. Provincial Auditor, functions, 411; quarters allowaucE>, 511. Provincial Board, ministerial duty, 448-13, 451; minutes, 449-14; power over municipal ordin.n!'lces, 16&_; appeal from decisions, 183; special sessicns, 454; exportation of lumber, 506; member as acting provincial governor, 506. Provincial circulars, organization · of new municip:::Jities and barrios, 5; how to appeal from dec.isions of provincial boards on municipal ordi· n.mces, 183; instructions on enforcement of munidpal autonomy law, 222, 277; sanita-ry measures during fiestas, 235; control of poultry di· st:ases, 2'39; pre-eledion meetings and paf&des, 281; playing or singing of Philippine National AntJ1em, 388; subscriptions to the Local Government Review, 284. P:..\.w!ncial Governor, discretionary fund, 12; conference of provincial governors, 63; acting, 506, 601; visitation of municipalities, 5q9; inspections of municipalities, 511; absence, illness, suspension or other incapacity, 499-57; quarters, 448-9; terr,porary, 499-57. Provincial officials, schedule of safaries, 485 Pre:".-incial Treasurer, assignment of room;, 13; <n P.N.B. agent, 448-12. Provrncial treasury, sub, 498-37. Put.lie administration, science of, 572. Pur.Iic Land Act, secs. 1-15, 632. Publlc libraries, establishment, 179. Publi<' market stalls, Co Chiong v. Mayor of Mani;a, et al., 542; leasing', 563. ~ublic meeting, permit, 460. -1\3~Public projects, naming, 507. Publk works, municipal, 505; naming, 507. Pu<~r!culture center, tr3.nsfer of funds, 455. Punctuality, 43. (~1,.;arlers, see allowance. Quezon. Manuel L., 43, 44, 141, 154', 323, 398, 418. QuE.Z()n, Maria A., message to labor, 298, 625. Quirino, Elpidio, 3, 26, 70, 97, 136, 145. RR.ilway, construction, 449-24. Rainfall, distribution, 531. Red tape, causes. 234. Re!und. tuition fee and rentals, 501. Regulations, fire hazards, 181; playing or singing of Fhilippine National Anthem, 388. Refiahilitation Finance Corporation, how to secure loan~, 476. Reinstiltement, 375. Rentuls, forest lands, 599. Reports, non-resident person, 486-53. Re·i:>vQlic Acts, municipal budget procedure, 209; elni.entary schools appropriations, 210; scale of sa1aries of provineial officials, 263; 485; condonc:tion of unpaid interests, 356; pecuniary inte-rPst, 399; distribution of f.ines and surcharges tor violations of forest laws and regulations, 39!>: preference in the lease of public market stall~. 429; maximum limit of s3laries of municipal officials, 623. Requisition, 174, 503. RE:·serve, electric light plant and waterworks, 262. Resien2tion, effect on retirement, 523 Resolutions, Rizal Mayor's League, 128; joint convention of provincial board of Camarines Sur and municipal mayors, 129; Cebu municipal hoarC:., 1 244; see also minutes. Retirement, approval, 355, 473, 489-85; 498-39; 594; effect on resignation, sis. Revc1;.ves, sources and apportionment, 421. Rice planting festival, approPriation, 502. Riv2ra, Juan F., municipal autonomy and government administration , 31; municipal police law ar._nofated, 44, 177. Rivua, Petra 0., fourteen centuries of Filipino thoughts, 322. Ri7.aL Jose, backwardness, 43; pronunciamentos, 44: character and personality, 73; work and unity, 206; hymn to labor, 253; to the Filipino youth, 301; epigrams, 315; appeals to the old, 503; on V1sayan and Tagalog, 503; life decision, 604. Roads, use, traffic and speed of motor vehicles, 455. Roct':.efeller, John D., "I believe," 254. Ronse,=elt, Franklin D., five freedoms, 518. R•.1s:ario, Casimiro del, distribution of rainfall, 531. Roxas. Manuel A., local autonomy, 123 Roxas. Nicanor, ,message, 351. ·• Rural Councils, see municipal councils. Sa1arit::, scale for provincial officials, 263, 485; percentage, 454, 487-64; increases, 455; in municipal capitals, 449-22; 500-64; during suspension, 500-71; de jure officer, 501; scale for municipal officfals in special provinces, 505; percentage for 5th class municipalities, 506; warrants or checks fo.r advance salaries, 375; principal clerk as acting municipal treasurer of another municipality, 376; wage during official holidays, 502; rasiing of maximum salary of non-elective officer, 488; r<'it1stated officer, 448-6; maximum limit of municipal salaries, 623. Santillan Castrence, Pura, let us know Rizal, 602. Sci'.(lc:lS, unauthorized use, 595; appropriation for elementary classes, 210; policy as to high schools, 2G2: sites, 307, 451, 601; maintenance by municiP~tlities of high schools, 317; naming of, 454, in· termediate, secondary and professional, 466-44. SecH~tary of Finance, policy in municipal financial administration, 407; message, 143. Sccrefa.ry of the Interior, message, 74; special po· we1· to investigate, 500-72. Separation of powers, 605. Sessions, outside of capital, 504; successive dates, ·275; "flying," 218. Signs and signboards, rules and regulations, 410. Site, high School, 307, 451, 601; park and plaza, 451 Sl~.ughterhouse, 467-67. Soliven, Benito, glorious past of Malayans, 533. Spe<lter, expenses to welcome, 503. ' Special agent, municipal, 262. Svecial organized provinces, appropiration, 499· •1$; rules for general welfare, 499-49 S i)' 1 . ·tmanship, lack of, 132. · St~nley Bessie A., sti.ccess, 445. Steizte, Charles, wanted; a man, 303. Streets, use, 336; closing, 507; regulations, 461; app1 «val of ordinance, 489-80. Studn:·ts, allowance, 499-61; tuition fee refund, 501; rental of textbooks, 501. Suits, defense of, 499-59. Su1wtvision, nature, 607. Sw·.pI·:es, see requisition. Supreme Court Decision s. local autonomy, 20; pow~r of municipal council, _ 126; legality of municipal proceedings, 165; Scope of regulatory po· wer of municipal councils, 225; public meetings, 460; delegation of police power, 460; Carmen PI<-.nas v. Com. Civ. Serv., 605. Sunbarge, exchanging treasury certificates, 376. Suspension, provincial officers, 448-5; 500-69; municipal officers, 500-70; payment of salary, 500'll. Sweepstakes allotment, boys' town, 501 Ta:~.1tion, authority to le\ry (C.A. 472)- English, 9·!. Spanish .. 149; admission tickets on cinematt :~r.;.phs or cockpits, 273; carts and sledges, 499t>Q; sawmills or manufacturers of lumber, ' 510; exer;iption, 353; documentary stamp, residence, justice of the peace fees, 454; motor vehicles. 504; dressmaking or fashion schools, 353; iuethocl 0£ collection, 353; operation of fishpond. 593; 'nv.rket fees, 504. Teachers, salary adjustment, 213; leave; 405. Teleplione lines, 449-24. Temperature, monthly and annual, 366. Ten points worth remembering, 510. Textbooks, rental, 501. Theory' vs. Experience, 40. Tobacco industry, 287. Tokutino, Arturo M., teachings of the heroes, 549. Toll bridge, private, 599. Tolls, ferries, 500-66; ra"'5, 496-35. Town planning, school sites, 307; plaza, 451. Trips. vice-mayor and councilors, 237, 501. 502; pzjJJcipal clerk as acting municipal treasurer, 3 7tl, see also absence from province. Tuition fee, refund, 501; charging of, 486-44. Turtle -islands, ,43. United Nations, food and industrial organization, 325. Wat.er transportation, appropriation, 449-29. Yeti-th. youth day, 302; to the Philippine youth, 301. V,1r.:arcy, "elective provincial office, 448-3. Vcgc~tables, culture of, 596. Vic~· mayors, firearms for, 600; station and traveling expenses, 237; compensation, 488-74. ViJJ.nnor, Ignacio, 113. Vi<:itation of municipalities, 509. \l!or·~s and Phrases, ·judicial" and "ministerial", 605. - 640 -