Boys town, aid for out of sweepstake allotment [Ruling of the General Auditing Office]

Title

Language

English

Source

I (10&11) October-November 1949

Year

1949

Subject

Institutional care of children – Iloilo City

Grants in aid (Public finance)

Financing of child welfare

Sweepstakes

Rights

In Copyright - Educational Use Permitted

Abstract

The Iloilo City allotted certain amount of funds for the Boys town out of the share of the sweepstakes funds allotted to the City as proposed in the Resolution no. 515 dated April 22, 1947, under Section 4 of Commonwealth Act 301.

Fulltext

RULINGS OF THE GENERAL AUDITING OFFICE REFUND OF TUITION FEE AND RENTAL OF TEXTBOOKS OF STUDENTS CALLED TO MILlT..1RY TRAINING. - As regards the first q:1ery herein presented by the Director of Education, this Office is of ,the opinion that a 20·yE?ar old student who enrolls in a public high school in June, pays the first installment of his tuHion and is called to military ,training in July·, should be required to pay \he full year's tuition fee only when he returns to school upon completion of his military training or takes the special examinations proyided in Common\realth Act No. 131. Shouid he fail to w:ail of any of these privileges, the tuition fee which he has already ,paid m2y be refunded to him. Under the same circumstances and answering the second query, this Office believes that the student may be allowEcl to use again during the same school year only, the rented textbooks which he voluntarily returned when called to military training, if, upon termination thereof, he returr.s to his clas~es er takes the special examination provided in Commonwealth Pct No. 131. If he fails in the examination, he cannot use again the same tooks during the following school year without paying another rental. However, if the student decides not to avail of the privile:i;es of Commonwealth Act No. 131 after military t;:-aining and returns his books in July, he may be refunded the rental thereof. --Ind., dated July 27, 1939, of And. Gen. to the Sec. of Public Instruction, Manila. WHEN DE JURE OFFICER MAY NOT BE 'PIAID SALARY.-According to the attached letter of the Provincial ,A uclitor, dated April 18, 1947, Mr. Juan Doctor, the elected vice-mayor of L:>.gor.oy, Camarines Sur, at the outbreak of the war assumed office as vice-mayor immediately after liberation and upon the reconstitution of the government of said municipality under OCTOBER-NOVEMBER, 1949 the Commonwealth Government, and that he also acted as municipal may«r of Lagonoy during the perJOd from S<·ptemner 19 to October 15, 1945. while the regular incumben', Nicolas Rivero, was urnder suspension. In view hereof, and as it appears from the next preceding indoresement that Doctor was paid salary as municipaTiv1ayor from September 19 to October 15, 1945, Mr. Quintin C. Aremea who claims to have also rendered services as acting mayor during the same period, cannot be paid salary for his alleged services even granting that he was the de jure incumben:t in accordance with the foL lowing authority: "B~1t it is held that if p::iyment of the sr.l&ry or other compensation be ma<i~ by the gove~·nment, in good faith, to the officer de facto, while he is still in possession of the cf,fi::e, the government cannot be compelled to pay it a second time to the officer de juJ"e when he has recovered the office, at least where the officer de facto he! cl by color of title." (Mechem, The Law of Offices and Officers, p. 222. ) -7th Ind., Mciy 20, 1947 of Dep. Aud. Ge11. to Sec. of the Inte1'ior. BOYS TOWN, AID FOR OUT OF SVIEEPSTAKE ALLOTMENT. - .~s it appears herein that the "IBoys Town" of the City of Iloilo is engaged in social welfare work in that City, this Office has no objection to the grant of !'5, 000 to this organization out of the share of the sweepsta;kes funds allotted to the City of Iloilo as proposed in the within Resqlution No. 515 dated April 22, 1947, under Section 4 of Commonwealth Act No. 301.-2nd Ind., July 14, 1947, of Aird. Gen. to Sec. of Int. MUNICIPAL COUNCILORS NOT ENTITLED TO TRAVELING EXFIENSES IN GOING TO AND RE· TURNING FROM SESSIONS OF l\1UNICIP AL COUNCIL.-The pertiPage 501

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