Provincial affairs subject to approval or authorization by National authorities

Title

Language

English

Source

I (10&11) October-November 1949

Year

1949

Subject

Provincial governments

Legislative bodies

Decision making in government policy

Rights

In Copyright - Educational Use Permitted

Abstract

The provincial government is responsible for the areas enumerated in the Constitution Act, 1867, such as education, health care, some natural resources and highway regulations. The provincial government has the power to enact or amend laws and programs related to the natural resources and environment, hospitals, property and civil rights in the province, education, administration of justice, and social services.

Fulltext

Provincial Affairs Subject To Approval Or Authorization By National Authorities [CONTINUED FROM SEPT. NUMBER] 31. Appropriation from the road and public-works fund for subsidizing or acquiring, operating, and maintaining means of water transportation within the province or between the province an.ct neighboring provinces or islands or dredge rivers and provide facilities for communication and transportation by river is subject to approval by Dept. Head. (Sec. 2115, Adm. Code) 32. Loan of municipal funds for erection of school buildings and pur~hase ?f land for school purposes 1s subJect to approval of the Director of Public Schools upon recommendation of the division superintendent of schools. (Sec. 2117, Adm. Code, as amended by C. A. 463.) 33. In case of an emergency caused by typhoon, earthquake or any other public calamity which may seriously affect the collection of revenues during any year, the Secretary of Finance may authorize the provincial treasurer to continue making disbursements from any fund in his possession in excess of the limitation herein provided, but only for such purposes ~n~ amounts included in the provrnc1al budget as the said Secretary shall determine, after consultation with the provincial board. (Sec. 2122, Adm. Code.) 34. The provincial board may, subject to the approval of the Director of Public Schools, require moderate tuition fees in provincial schools. (Sec. 2124, Adm. Code) 35. Provincial board may fix toll rates for use of roads upon authorization by the President of the Philippines and the recommendation of the Secretary of Public Vl'orkd and Communications, and in the case of bridges or ferries upon authorization and approval of Sec. of Public Works and Communications. (Sec. 2131, Adm. Code) 36. Provincial board may, subject to Page 498 the approval of the Secretary of Public Works and Communications and upon such terms and conditions as he may prescribe, make a loan from the toll collections on roads, bridges and ferries of not to exceed ninety per centum of the excess collections, without interest and for public works only. (Sec. 2132, Adm. Code) 37. A permanent sub-office of the provincial treasury may by resolution of the provincial board, approved by the Secretary of Finance, be established at the capital of a subprovince to serve as a treasury for such province. (Sec. 2141, Adm .. Code) 38. Allowance for disability in line of duty is subject to approval by Department Head. (Sec. 699, Adm. Code) 39. Retirement as a result of a bona fide reorganization under Act 4183 as amended is subject to approval by Sec. of the Interior. 40. Confinement of municipal prisoners in provincial jails is subject to approval of Sec. of the Int. (Sec. 1743, Adm. Code) 41. Confinement of provincial prisoners in municipal jails is subject to approval of Sec. of the Int. (Sec. 1742, id.) 42. Transfer of fund to another fund is subject to approval of Sec. of Finance. (C. A. 229) 43. Schedule of values in assessment is subject to approval of Secretary of Finance. (Sec. 8, C. A. 470.) 44. General revision of values of property subject to tax needs the approval of Sec. of Finance. (Sec. 9, C. A. 470) 45. Extensi.on of term for payment of tax without penalty proposed by Provincial Board is subje~t to the approval of the President. (Sec. 26, C. A. 470) 46. Remission of tax by provincial board needs the approval of the Sec. of Finance. (C. A. 470, Sec. 53) ·17. Remission or reduction of tax to THE LOCAL GOVERNMENT REVIEW 48. 49. 50. 51. 52. 53. 54. be authorized by the President. (Sec. 53, C. A. 470) Any provincial appropriation in specially organized provinces is subject to the approval of Sec. of Finance. (Sec. 2585 ( j), Adm. Code in re Ex. Ord. 167, s. 1938) Rules for general welfare in the specially organized provinces are subject to suspension, annulment or modification by the Secretary of the Interior. (Sec. 2585(q), Adm. Code) Amendment to the Administrative Code of Mindanao and Sulu needs the approval of the Secretary of the Interior. (Sec. 2579, Adm. Code) Purchase of any real estate by officer or employee in Mindanao and Sulu needs the permission of the Secretary of the Interior. (Sec. 2581, Adm. Code) Secretarv of the Interior may offer or ·grant authority to the provincial governor in specially organized provinces to offer a reward not exceeding one thousand pesos for capture of criminals. (Sec. 2585 ( m), Adm. Code) The Secretary of the Interior may investigate any action or conduct of any person or persons in the service of the provinces, municipalities, or other political subdivisions in Mindanao & Sulu. (Sec. 2585 ( n), Adm. Code) • Exercise of power of eminent domain by any political subdivision in the former Department of Mindanao and Sulu to be determined by Sec. of the Int. (Sec. 2585 ( o), Adm. Code) 55. Every provincial government of the specially organized provinces may, with the approval of the secretary of the Interior, purchase and convey real property, to purchase and convey personal property, to make contracts for labor and material needed in the construction of duly authorized public works, and to incur such other obligations as are expressly auOCTOBER-NOVEMBER, 1949 thorized by law. (Sec. 2595, Adm. Code) 55. There shall be as many employees as may be provided for in the appropriations of the provincial boards in the special provinces, subject to the approval of the Secretary of the Interior. (Sec. 2597 (a), Adm. Code) 57. In case of the absence, illness, suspension or other temporary incapacity of the provincial governor of a special province, or if for any other reason he is unable to perform his official duties, the President may designate any other officer or employee to perform the duties of the office or may provisionally appoint thereto any suitable per>on l'Ot in the service. In the meantime the duties of the provincial governor shall be discharged by a member of the provincial board previously authorized by the provincial governm·. (Sec. 2605, Adm. Code) 58. Boundarv roads, bridges, and ferries shall be constructed, repaired, or maintained under the joint control of the provincial governments concerned in the special provinces and any controversy between them shall be decided by the Secretary of the Interior whose decision shall be final. (Sec. 2607 (g), Adm. Code) 59. Bringing of defense of suits on behalf of provincial government of special province or the compromising of the same is subject to the approval of the Secretary of the Interior. (Sec. 2607) (h), Adm. Code) 60. Tax on carts and sledges is subject to the approval of the Secretary of the Interior. (Sec. 2607 (j), Adm. Code.) 61. Allowance for students under certain conditions is subject to approval by Sec. of the Int. (Sec. 2607 ( q) and (x), Adm. Code.) 62. Loans to municipalities need the approval of the Sec. of Finance. (Sec. 2607(r) & (x), Adm. Code) 63. Compensation of employees inPage 499 jured in line of cluty is subject to authorization by the Sec. of the Int. (Sec. 2607 (s) & (x). Adm. Code.) G4. Salaries in municipal capitals at higher than the authorized srnle are subject to the approval of the Sec. of the Int. (Sec. 2607) (t) & (x), Adm. Code) GG. Surveys or exHmin:1tions to determine advisability of making improvements in the special provinces costing more than five hundred pesos shall not be commenced \vithout the previous approval of the Sec. of the Int. (Sec. 2607 ( z), Adm. Code) 66. Collection of tolls on provincial ferries is subject to the approval of Sec. of the int. (Sec. 2608, Adm. Code) 67. Condemnation proceedings to be authorized by the Sec. of the Int. (Sec. 2609, Adm. Code) 68. More than four convocations of mayors is subject to approval of Sec. of the Int. (Sec. 2610, Adm. Code) 69. Provincial officers in the special provinces may be suspended and removed for cause by the Secretary of the Interior, subject to review, in case of removal, by the President upon appeal. (Sec. 2613(a), Adm. Code) 70. Municipal officers may be suspended by the provincial governor and removed by the majority vote of the provincial board, subject to appeal to the Sec. of the Interior. (Sec. 2613 (b), Adm. Code) 71. In no case shall payment of salary during the period of suspension be made to a suspended officer or employee who has been reinstated, , unless such payment is expressly ordered to be made by the Secretary of the Interior. (Sec. 2613 (e), Adm. Code) 72 - The Secretary of the Interior is vested with special powers to investigate on his own motion and for cause to sus:cend any officer or employee of an,· political subdivision in the then Departme!1t of Mindanao and Sulu, and move such officer or employee. (Sec. 2G13(f), Adm. Code) Page 5GO "IT'S YOUR SON" LETTER from a British aviator to a German mother: "It's your son. I know you ean't forgive me, for I killed him. But I want you to know he didn't suffer; the end came quickly. He had vour picture in his pocket . . . I didn't think of him or of you when I shot at his machine; he was just an enemy spying out on our men. Icouldn't let him get back to tell the news; it would have meant death to our men. I know vou must have loved him War isn't fair to women. God, ho\V · i wish it were over. I feel, if I touch your boy, he would wake up and we should be friends ... I will take care of him and mark his grave. After the war you may want to take him home again. l\'Iy own heart is heavy. I felt it was my duty." THE German mother's reply: "There is nothing to forgive. I see you as you are in your troubled goodness. I feel you coming to me like a little boy astonished at having done ill when you meant so well. He was my youngest. To women war is a reality, for all men are our sons. Yet, perhaps, women more than men are to blame for this world war. We did not think of the world's children as our children. The baby hands that clutched at our breasts were so sweet, we forgot the hundred other baby hands that stretches out to us. And now my heart aches with repentance. When this war is over come to me. I am waiting for you."-F1'0m "Listener," B.B.C. ---oOo--fJ!z.!z.0.11. llclzn rJ1.11-Led9ed In the speech of Atty. Ladislao r alma, in our August issue, the third statement of the last paragraph on page 41:\ should read: As a matter of prin~ipk, government officials and employef's c;hould not be guilty of malfea,o;rnce. misfea~ance, and nonfeasanc2 of rlu li,:s. There is malfeasance when an ;;d contrary to or prohibited by la'-'" i:1 done. THE LOCAL GO\'ER:'\ME;\T 1a;vn;w

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