Executive Determinations.pdf

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extracted text: 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 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
Date: 1949
Rights