Act No. 2711

March 10, 1917

ACT NO. 2711

AN ACT AMENDING THE ADMINISTRATIVE CODE

For the purpose of adapting it to the Jones Law and the Reorganization Act, Act Numbered Two thousand six hundred and fifty-seven, known as the Administrative Code, is hereby amended in certain particulars; and said Act shall hereafter read as follows:

BOOK I

Organization, Powers, and General Administration of Philippine Government

TITLE I

Matter of General Nature

PRELIMINARY CHAPTER

Title of Act

SECTION 1. Title of Act. – This Act shall be known as the Administrative Code.

[2657–1.]

CHAPTER 1

Definitions and General Provisions

ARTICLE I

Definitions

SECTION 2. Words and phrases defined. – The following expressions shall be taken in the sense hereinbelow indicated, except as a different meaning for the word or phrase in question may be given in a particular statute or is plainly to be collected from the context or connection where the term is used:

“The Government of the (Philippine Islands) Philippines” is a term which refers to the corporate governmental entity through which the functions of government are exercised throughout the (Philippine Islands) Philippines, including, save as 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 distinguished from the different forms of local government. “Philippine Government” refers to the Government of the (Philippine Islands) Philippines.

“Specially organized province” includes Batanes, (Mindoro),  Mountain Province, Nueva Vizcaya, and Palawan.

“Regularly organized province” includes all provinces except the specially organized provinces and the provinces of the Department of Mindanao and Sulu.

“Municipality” refers to municipalities proper and except as otherwise specially provided does not include chartered city,[township] municipal district, or other local political division.

“Chartered city,” “city incorporated under special charter,” and similar expressions refer to cities like Manila and Baguio, incorporated under special laws.

“Citizen of the (Philippine Islands) 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 Filipinos under Article IX of the Treaty of Paris, of the tenth of December, one thousand eight hundred and ninety-eight.

“Employee,” when generally used in reference to persons in the public service, includes any person in the service of the Government or any branch thereof of whatever grade or class.

“Officer,” as distinguished from “clerk” or “employee,” refers to those officials whose duties, not being of a clerical or manual nature, may be considered to involve the exercise of discretion in the performance of the functions of government, whether such duties are precisely defined by law or not.

“Officer,” when used with reference to a person having authority to do a particular act or perform a particular function in the exercise of governmental power, shall include any Government employee, agent, or body having authority to do the act or exercise the function in question.

The word “person” includes both natural and artificial persons.

[2657–2.]

ARTICLE II

General Principles

SECTION 3. Relation of Administrative Code to prior law. – Such provisions of this Code as incorporate prior laws shall be deemed to be made in continuation thereof and to be in the nature of amendments thereto, without prejudice to any right already accrued.

[2657–3.]

SECTION 4. Authority of officer to act through deputy. – A ministerial act which may be lawfully done by any officer may be performed by him through any deputy or agent lawfully created or appointed.

[2657–4.]

SECTION 5. Exercise of administrative discretion. – The exercise of the permissive powers of all executive or administrative officers and bodies is based upon discretion, and when such officer 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 benefit of the public, whether so expressed in the statute giving the authority or not.

[2657–5.]

ARTICLE III

Form and Effect of Laws in General

SECTION 6. Form of enacting clause. – The enacting clause of all statutes passed by the (Philippine Legislature) National Assembly of the Philippines shall be conceived in the following terms: Be it enacted by the (Senate and House of Representatives of the Philippines in Legislature assembled and by authority of the same) National Assembly of the Philippines:

[2657–1.]

SECTION 7. Form of resolving clause. – The resolving clause of all (joint) resolutions passed by the (Philippine Legislature) National Assembly of the Philippines shall be conceived in the following terms: Be it Resolved (by the Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same.)

[2657–2.]

SECTION 8. Clauses not to be repeated. – The enacting clause shall be written before the whole body of the Act, and the resolving clause shall be written before the whole body of the (joint) resolution, and neither shall be repeated in each section of the Act or resolution.

[2657–3.]

SECTION 9. Numbering and 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.]

SECTION 10. Manner of referring to statutes. – Statutes passed by the Philippine Legislature (National Assembly) shall, for purposes of formal reference, be denominated Acts (Commonwealth Acts) and may be identified by their respective serial numbers; but where a special title is supplied for a particular statute, it may also be referred to by such title.

[2657–8.]

SECTION 11. When laws take effect. – A statute passed by the (Philippine Legislature) National Assembly shall, in the absence of special provision, 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 purpose of fixing such date the Gazette is conclusively presumed to be published on the day indicated therein as the date of issue.

Resolutions will have effect from the date of passage, unless otherwise declared.

[2657–9.]

SECTION 12. Ignorance of law. – Ignorance of the law does not excuse from compliance therewith.

[2657–10.]

SECTION 13. Computation of time. – In computing any fixed period 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 time, the day of date, or day from which the time is reckoned, is to be excluded and the date of performance included, unless otherwise provided.

“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 rising of the sun.

[2657–11.]

SECTION 14. No implied revival of repealed law. – When a law which expressly repeals a prior law is itself repealed the law first repealed shall not be thereby revived unless expressly so provided.

[2657–12.]

SECTION 15. Language that should prevail in the interpretation of laws. – In the interpretation of a law officially promulgated in English and Spanish, the English text shall govern, but in case of ambiguity, omission, or mistake, the Spanish may be consulted to explain the English text. The converse rule shall, however, be applied if so provided in the particular statute: Provided, however, That in the interpretation of laws enacted by the Philippine Legislature after October sixteenth, nineteen hundred and sixteen, the language of the text used by the House that finally passed the same shall prevail, and in case of ambiguity, omission, or mistake, the official translation filed in the office of the Secretary of said House may be consulted.  SEIcAD

[2657–13; 2717–1.]

ARTICLE IV

Jurisdiction and Distribution of Powers of Government

SECTION 16. Territorial jurisdiction and extent of powers of Philippine Government. -[The territory over which the Government of the Philippine Islands exercises jurisdiction consists of 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 hundred and ninety-eight, and in the City of Washington on the seventh day of November, one thousand nine hundred.]

[2657–14.]

SECTION 17. Distribution of powers of government. – The executive, legislative, and judicial powers of the Philippine Government are distributed, respectively, among the executive, legislative, and judicial branches, severally exercising the functions and powers conferred on them by law.

The executive authority is vested in the following agencies: The (Governor-General of the Philippine Islands) President of the Philippines, as Chief Executive; the several Departments and Bureaus of the (Insular) National Government, with their lawful instrumentalities; and the provincial and local governments, with their subordinate functionaries, in the exercise of the administrative powers conferred on them.

The legislative power is vested in the (Philippine Legislature, consisting of two Houses, to wit, the Senate and the House of Representatives) National Assembly.

The judicial power is vested in the Supreme Court, Court of Appeals, Courts of First Instance, courts of justices of the peace, and in such municipal and other inferior courts as may be created by law.

[2657–15; Constitution of the Philippines, Art. VI, sec. 1; Art. VII, sec. 1; and Art. VIII, sec. 1.]

ARTICLE V

Arms and Great Seal

SECTION 18. Arms of the Philippines and Great Seal of the Government of the Philippines. – The arms of the Philippines and Great Seal of the Government of the Philippines are these:

Arms – Paleways of two pieces, dexter, azure, and sinister, gules; a chief, white, bearing three mullets, or, dexter, center and sinister; an oval field, white, emblazoning at the honor point the symbolic eight-rayed sun in rayonnant, or, each ray-flanked on both sides by lesser and minor rays, or. Crest – The American eagle proper. The right talon grasping an olive branch with eight leaves, vert, and eight fruits, gules, and the left talon grasping three spears, or. Beneath, a scroll, argent, with the word “Philippines,” or, inscribed thereon.

The Great Seal of the Government shall be circular in form, with the arms as described in the last preceding paragraph, but without the scroll and the inscription thereon, and surrounding the whole a double marginal circle within which shall appear the words “Government of the Philippines,” “United States of America,” the two phrases being divided by two small five-pointed stars. For the purpose of placing the Great Seal, the colors of the arms shall not be deemed essential.

[2657–16; 4258–1; C.A. 602–1.]

SECTION 19. Custody and use of Great Seal. – The Great Seal shall be and remain in the custody of the President of the Philippines, and shall be affixed to or placed upon all commissions signed by him, and upon such other official documents and papers of the Commonwealth of the Philippines as may by law be provided, or as may be required by custom and usage in the discretion of the President of the Philippines.

[2657–17; 4258–1; C.A. 602–1.]

ARTICLE VI

Administration of Oaths in General

SECTION 20. Solemn affirmation in lieu of oath. – Solemn affirmation shall in all cases be accepted in lieu of oath if the person of whom an oath is required is conscientiously scrupulous about taking an oath.

[2657–18.]

SECTION 21. Officials authorized to administer oaths. – The following officers have general authority to administer oaths, to wit:

Notaries public; judges, justices of the peace, and auxiliary justices of the peace; clerks of courts; the Secretary of the National Assembly; bureau directors; registers of deeds; provincial governors and lieutenant-governors; mayors; any other officer in the Philippine service whose appointment is vested in the President of the Philippines; Secretary of War, or President of the United States. A person who by authority of law shall act in the capacity of any of the officers mentioned above shall possess the same power.

[2657–19; 2732–1; C.A. 270–1.]

SECTION 22. Duty to administer oaths. – With the exception of notaries public, justices of the peace, and clerks of court, officers authorized to administer oaths are not obliged to administer oaths or execute certificates save in matters of official business and with the exception of notaries public, the officer performing the service in such matters shall charge no fee unless so provided by law.

[2657–20.]

ARTICLE VII

Oaths of Office

SECTION 23. Oaths of office for (insular) national and provincial employees. – Save in the case of a laborer or emergency employee, every person elected or appointed to an office or position of trust or profit in the (insular) national or provincial service, or service of a chartered city, shall, before entering upon the discharge of his duties, take and subscribe an oath of office, in such form as shall be prescribed by the (Director) Commissioner of Civil Service, wherein the affiant shall declare that he recognizes and accepts the supreme authority of the United States of America and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and decrees promulgated by its duly constituted authorities; that he will well and faithfully discharge to the best of his ability the duties of the office or position upon which he is about to enter or of any position to which he may thereafter be appointed; and that the obligation imposed by such oath of office is assumed by him voluntarily, without mental reservation or purpose of evasion.

[2657–21.]

SECTION 24. Oath of office of municipal officials. – Every person elected or appointed to a municipal or[township] municipal district office shall, before entering upon the discharge of his studies, take and subscribe an oath of office, in such form as shall be prescribed by the (Director) Commissioner of Civil Service, wherein the affiant shall declare that he has the requisite qualifications to hold office in the municipality; that he recognizes and accepts the supreme authority of the United States of America and will maintain true faith and allegiance thereto; that he will obey the laws, legal orders, and decrees promulgated by its duly constituted authorities; that he will well and faithfully discharge to the best of his ability the duties of the office upon which he is about to enter or of any position to which he may thereafter be appointed; and that the obligation imposed by such oath of office is assumed by him voluntarily, without mental reservation or purpose of evasion.

[2657–22.]

SECTION 25. Occasions for administration of official oath. – Notaries public and persons entering upon office by virtue of election shall take the oath upon the occasion of every appointment or induction into office; those entering the service by appointment, except notaries, shall be required to take the oath only upon the occasion of first entering upon the discharge of their duties in the particular branch of the service to which they respectively pertain; but if any such appointee should at any time be entirely separated from the service, he shall be required to take the oath upon entering the service again.

[2657–23.]

SECTION 26. By whom oath of office may be administered. – The oath of office may be administered by any officer generally qualified to administer oaths; but the oath of office of the members and officers of (either House of the Legislature) the National Assembly may also be administered by persons designated for such purpose by the (respective Houses) Assembly.

[2657–24.]

SECTION 27. Preservation of oaths. – Oaths administered to officers and employees as aforesaid shall, in the absence of special provision, be filed in the Bureau, Office, or branch of the service to which they respectively pertain and shall be there preserved.

[2657–25.]

SECTION 28. Swearing of interpreters and stenographers. – Interpreters and stenographers employed to interpret, report, or certify sworn testimony in any nonjudicial examination, investigation, or inquiry which may be authorized by law shall, before entering upon the discharge of their duties, be required to take a verbal oath, after the manner of the swearing of ordinary witnesses, well and truly to interpret, report, or certify in the matter then to be submitted to them in their respective capacities.

[2657–26.]

ARTICLE VIII

Legal Holidays

SECTION 29. Legal holidays. – Thursday and Friday of Holy Week, Thanksgiving Day, Christmas Day, and Sundays are legal religious holidays.

The other legal holidays are: The first of January, the twenty-second of February, the first of May, the thirtieth of May, the fourth of July, the thirteenth of August, the thirtieth of November, the thirtieth of December, and the day appointed by law for holding the general election.

When any regular holiday of fixed date falls on Sunday, the next succeeding day shall be observed as legal holiday.

[2657–27; 2946–1.]

SECTION 30. Special holiday declared by (Governor-General) President of the Philippines. – The (Governor-General) President of the Philippines may, in his discretion, proclaim any other day a special public holiday for a particular date, and in calling a special election for a member of the (Philippine Legislature) National Assembly, or for a provincial office he shall limit such holiday, if one is declared, to the particular district or province where the election is held.

[2657–28.]

SECTION 31. Pretermission of holiday. – Where the day, or the last day, for doing any act required or permitted by law falls on a holiday, the act may be done on the next succeeding business day.

[2657–29.]

ARTICLE IX

Weights and Measures

SECTION 32. Standard weights and measures in (Philippine Islands) Philippines. – The weights and measures to be used throughout the (Philippine Islands) Philippines are those of the metric system, with the following units:

(a) The unit of length is the standard meter, being the one ten-millionth part of the distance from the equator to the pole.

(b) The unit of area is either the square meter or an area of one hundred square meters known as the are.

(c) The unit of cubical contents or capacity is either the cubic meter or the one-thousandth part thereof known as the liter.

(d) The unit of weight is the gram.

The length of the standard meter shall be determined for the (Philippine Islands) Philippines by the length at the temperature of zero degrees Centigrade of the fundamental standard measure numbered seventy-one, now preserved in the Bureau of Science and certified to by the International Bureau of Weights and Measures.

The weight of the standard gram shall be determined for the (Philippine Islands) Philippines by the weight at Manila of one-millionth of a cubic meter of pure water at the temperature of four degrees Centigrade, or the one-thousandth part of the standard kilogram certified to by the International Bureau of Weights and Measures, designated by the symbol “L” and now preserved in the Bureau of Science.

[2657–30.]

SECTION 33. Requirement as to use of metric system. – The metric system of weights and measures, with its recognized scales, shall be used in all contracts, deeds, and other instruments publicly and officially attested, and in all official documents; and, except as hereinbelow provided, only weights and measures of the metric system shall be officially sealed and licensed.

In the purchase and sale of manufactured lumber the English system of measures may be employed; and in ordering commodities or articles from abroad such weights and measures may be employed as are commonly used in the country to which the order is sent or from which the goods are shipped.

[2657–31.]

ARTICLE X

Official Gazette

SECTION 34. Reporter of Supreme Court as editor of Official Gazette. – In addition to the duties imposed upon the Reporter of the Supreme Court in his capacity as such, it shall also be his duty, under the direction of the (Governor-General) President of the Philippines, to edit the Official Gazette and compile the volumes of the Public Laws.

[2657–39.]

SECTION 35. Contents of Official Gazette. – The Official Gazette shall contain all legislative acts and all resolutions of a public nature of the (Legislature) National Assembly, all executive orders, such decisions or abstracts of decisions of the Supreme Court as may be deemed by said court of sufficient importance to be so published, and such other official documents as are usually published in an Official Gazette which may be designated for publication by the (Governor-General) President of the Philippines.

The publication of any law, resolution, or other official documents in the Official Gazette shall be prima facie evidence of its authenticity.

At the end of each quarter an index shall be supplied as a part of the Official Gazette. The Index published at the end of the last quarter shall be complete for the entire year.

[2657–40.]

SECTION 36. English and Spanish issues of Official Gazette – Printing and distribution. – The Official Gazette shall be published weekly and separately in both the English and Spanish languages, the two corresponding issues bearing the same date and containing the same matter.

The printing, sale, and distribution of the Gazette shall be effected by the Bureau of Printing.

Each (Insular) National Bureau and each provincial and municipal government shall subscribe for at least one copy of the Official Gazette and pay for the same out of their respective funds. Such copies shall be filed and properly kept with the public records of the Bureau, province or municipality for reference.

[2657–41.]

CHAPTER 2

Political Grand Divisions and Subdivisions

ARTICLE I

Grand Divisions

SECTION 37. Grand divisions of (Philippine Islands) Philippines. – The (Philippine Islands) Philippines comprises the forty-two provinces named in the next succeeding paragraph hereof, the seven provinces of the Department of Mindanao and Sulu, and the territory of the City of Manila.

The provinces other than the provinces of the Department of Mindanao and Sulu are these: Abra, Albay, Antique, Bataan, Batanes, Batangas, Bohol, Bulacan, Cagayan, Camarines Norte, Camarines Sur, Capiz, Cavite, Cebu, Ilocos Norte, Ilocos Sur, Iloilo, Isabela, Laguna, La Union, Leyte, Marinduque, Masbate, Mindoro, Oriental Misamis, Occidental Misamis, Mountain Province, Nueva Ecija, Nueva Vizcaya, Occidental Negros, Oriental Negros, Palawan, Pampanga, Pangasinan, Rizal, Romblon, Samar, Sorsogon, Surigao, Tarlac, Tayabas, and Zambales.

The provinces of the Department of Mindanao and Sulu are these: Agusan, Bukidnon, Cotabato, Davao, Lanao, Sulu, and Zamboanga.

The City of Manila comprises a separate jurisdiction and is not included within the territory of any province; but, in the absence of special provisions, the term “province” may be construed to include the City of Manila for the purpose of giving effect to laws of general application.

Any small island of the Philippine Archipelago not hereinafter specifically assigned to a definite province shall belong to the province to which it is in closest proximity.

[2657–42; 2724–1; 2809–1; 2880–1; 2934–1; 3537–1.]

ARTICLE II

Situs and Major Subdivisions of Provinces Other than such as are Contained
in Department of Mindanao and Sulu

SECTION 38. Situs of provinces and major subdivisions – The general location of the provinces other than such as are contained in the Department of Mindanao and Sulu, together with the subprovinces, municipalities and (townships) municipal districts respectively contained in them is as follows:

The Province of Abra consists of the territory in northern Luzon formerly comprised in the subprovince of Abra as constituted under Act Numbered Thirteen hundred and six.

It contains the municipalities of Bangued (the capital of the province), Bucay, Danglas, Dolores, Lagayan, Langangilang, Langiden, La Paz, Luba, Manabo, Peñarrubia, Pidigan, Pilar, Sal-lapadan, San Juan, San Quintin, Tayum, and Villaviciosa.

It also contains the municipal districts of Alava, Anayan, Ba-ay, Bangilo, Bolinay, Bucloc, Buneg, Caganayan, Daguioman, Danac, Lacub, Lanec, Licuan, Malibcong, Mataragan, Naglibacan, Tiempo, Tineg, and Tubo.

The Province of Albay, lying north of Sorsogon and south and east of[Ambos Camarines] Camarines Sur, consists of territory on the Island of Luzon (with appurtenant small islands), including also the larger islands of San Miguel, Cacraray, Batan, Rapu-Rapu, and the sub-province of Catanduanes, on the island of the same name. The province contains the following municipalities:

[Albay, the capital of the province,] Bacacay, Baras, Bato, Calolbon, Camalig, Daraga, Guinobatan, Jovellar, Legaspi (the capital of the province), Libog, Libon, Ligao, Malilipot, Malinao, Manito, Oas, Pandan, Panganiban, Polangui, Rapu-Rapu, Tabaco, Tiwi, Viga, and Virac.

The Province of Antique, lying west of Capiz and Iloilo, consists of territory on the Island of Panay and adjacent islands and comprises the following municipalities:

Barbasa, Bugasong, Caluya, Culasi, Dao, Laua-an, Pandan, Patnongon, San Jose de Buenavista (the capital of the province), San Remigio, Sibalom, Tibiao, and Valderrama.

The Province of Bataan, lying south of Zambales and southwest of Pampanga, comprises the cape or promontory which separates Manila Bay from the China Sea. It contains the following municipalities:

Abucay, Bagac, Balanga (the capital of the province), Dinalupihan, Hermosa, Limay, Mariveles, Moron, Orani, Orion, Pilar, and Samal.

The Province of Batanes comprises all islands of the Philippine Archipelago situated north of the Balingtang Channel, and contains the following (townships) municipalities:

Basco (the capital of the province), Itbayat, Ivana, Mahatao, Sabtang, and Uyugan.

The Province of Batangas, lying south of Cavite and Laguna, and west of Tayabas, consists of territory on the Island of Luzon and adjacent islands, and comprises the following municipalities:

Alitagtag, Balayan, Batangas (the capital of the province), Bauan[Bolbok], Calaca, Calatagan, Cuenca, Ibaan, Lemery, Lian, Lipa, Lobo, Mabini, Malvar, Mataasnakahoy, Nasugbu, Rosario, San Jose, San Juan, San Luis, Santo Tomas, Taal, Talisay, Tanauan, Taysan, and Tuy.

The Province of Bohol consists of the Island of Bohol and adjacent islands, and comprises the following municipalities:

Albuquerque, Anda, Antequera, Baclayon, Balilihan, Batuan, Bilar, Calape, Candijay, Carmen, Clarin, Corella, Cortes, Dauis, Dimiao, Duero, Garcia-Hernandez, Guindulman, Inabanga, Jagna, Jetafe, Lila, Loay, Loboc, Leon, Mabini, Maribojoc, Panglao, Sevilla, Sierra-Bullones, Sikatuna, Tagbilaran (the capital of the province), Talibon, Tubigon, Ubay, and Valencia.

The Province of Bulacan, lying on the northeastern side of Manila Bay, consists of territory in central Luzon, and comprises the following municipalities:

Angat, Baliuag, Bigaa, Bocaue, Bulacan, Bustos, Calumpit, Guiguinto, Hagonoy, Malolos (the capital of the province), Marilao, Meycauayan, Norzagaray, Obando, Paombong,[Quingua], Plaridel, Polo, Pulilan, San Ildefonso, San Jose del Monte, San Miguel, San Rafael, and Santa Maria.

The Province of Cagayan consists of territory in the extreme northeastern part of Luzon, together with the small islands appurtenant thereto and the islands of the Babuyan Group to the north. The province contains the following municipalities:

Abulug, Alcala, Amulung, Aparri, Baggao, Ballesteros, Buguey, Calayan, Camalaniugan, Claveria, Enrile, Faire, Gattaran, Gonzaga, Iguig, Lal-lo, Pamplona, Peñablanca, Piat, Rizal, Sanchez-Mira, Solana, Tuao, and Tuguegarao (the capital of the province).

It also contains the following municipal districts: Langangan and Allacapan.

The Province of Camarines Norte, lying north of Camarines Sur and southeast of Tayabas, consists of territory on Luzon and adjacent islands, and comprises the following municipalities:

Basud, Capalonga, Daet (the capital of the province); Indan, Jose Pañganiban, Labo,[Mambulao] Paracale, San Vicente, and Talisay.

The Province of Camarines Sur, lying north and west of Albay and south of Camarines Norte, consists of territory on Luzon and adjacent islands, and comprises the following municipalities:

Baao, Bato, Buhi, Bula, Cabusao, Calabanga, Camaligan, Canaman, Caramoan, Del Gallego, Gainza, Goa, Iriga, Lagonoy, Libmanan, Lupi, Magarao, Milaor, Minalabac, Nabua, Naga (the capital of the province), Pamplona, Pasacao, Pili, Ragay, Sagnay, San Fernando, San Jose, Sipocot, Siruma, Tigaon, and Tinambac.

The Province of Capiz consists of territory on the Island of Panay, and adjacent small islands, and contains the following municipalities:

Altavas, Balete, Banga, Batan, Buruanga, Capiz (the capital of the province), Cuartero, Dao, Dumalag, Dumarao; Ibajay, Iuisan Jamindan, Kalibo, Libacao, Makato, Malinao, Mambusao, Nabas, New Washington, Numancia, Panay, Panitan, Pilar, Pontevedra, Sapian, Sigma, and Tapaz.

The Province of Cavite consists of territory on the Island of Luzon lying on the south side of Manila Bay including also Corregidor Island. It contains the following municipalities:

Alfonso, Amadeo, Bacoor, Bailen, Carmona, Cavite (the capital of the province), Dasmariñas, General Trias, Imus, Indang, Kawit, Magallanes, Maragondon, Mendez-Nuñez, Naic, Noveleta, Rosario, Silang, Tanza, and Ternate.

The Province of Cebu consists of the Island of Cebu and neighboring islands, including the Camotes Islands. It comprises the following municipalities:

Alcantara, Alcoy, Alegria, Aloguinsan, Argao, Asturias, Badian, Balamban, Bantayan, Barili, Bogo, Boljo-on, Borbon, Carcar, Carmen, Catmon, Cebu (the capital of the province), Compostela, Consolacion, Cordova, Daanbantayan, Dalaguete, Danao, Dumanjug, Ginatilan, Liloan, Madridejos, Malabuyoc, Mandaue, Medellin, Minglanilla, Moalboal, Naga, Opon, Oslob, Pilar, Pinamungajan, Poro, Ronda, Samboan, San Fernando, San Francisco, San Remigio, Santa Fe, Santander, Sibonga, Sogod, Tabogon, Talisay, Toledo, Tuburan, and Tudela.

The Province of Ilocos Norte consists of territory in the extreme northwestern part of the Island of Luzon and comprises the following municipalities:

Bacarra, Badoc, Bangui, Banna, Batac, Burgos, Currimao, Dingras, Laoag (the capital of the province), Nueva Era, Paoay, Pasuquin, Piddig, Pinili, San Nicolas, Sarrat, Solsona and Vintar.

This province also contains the following municipal districts: Adams, Carasi, Dumalneg, and Lagangan.

The Province of Ilocos Sur, lying south of Ilocos Norte, consists of territory in the Island of Luzon known as Ilocos Sur. It comprises the following municipalities:

Banayoyo, Bantay, Bauguen, Burgos, Cabugao, Candon, Caoayan, Cervantes, Galimuyod, Lapog, Lidlidda, Magsingal, Nagbukel, Narvacan, San Esteban, San Ildefonso, San Vicente, Santa, Santa Catalina, Santa Cruz, Santa Lucia, Santa Maria, Santiago, Santo Domingo, Sinait, Tagudin, and Vigan (the capital of the province).

This province also contains the following municipal districts: Alilem, Angaki, Concepcion, San Emilio, Sigay, Sugpon, and Suyo.

The Province of Iloilo consists of territory on the southeastern part of the Island of Panay and includes the Island of Guimaras and other adjacent islands. It comprises the following municipalities:

Ajuy, Alimodian, Anilao,[Arevalo], Balasan, Banate, Barotac Nuevo, Barotac Viejo, Buenavista, Cabatuan, Calinog, Carles, Concepcion, Dingle, Dueñas, Dumangas, Estancia, Guimbal, Igbaras, Iloilo (the capital of the province), Janiuay, Jaro, Jordan, Lambunao,[La Paz], Leganes, Leon, Maasin, Miagao, Oton, Passi, Pavia, Pototan, San Dionisio, San Joaquin, San Miguel, Santa Barbara, Sara, Tigbauan, and Tubungan.

The Province of Isabela, lying south of Cagayan, consists of territory in northeastern Luzon and comprises the following municipalities:

Angadanan, Cabagan, Cauayan, Cordon, Echague, Gamu, Ilagan (the capital of the province), Jones, Naguilian, Palanan, Reina Mercedes, San Mariano, San Pablo, Santa Maria, Santiago, and Tumauini.

This province also contains the following municipal districts: Antatet, Aurora,[Ballucu], Bannagao,[Dalig],[Sili] and[San Mariano].

The Province of Laguna, lying on the south of Laguna de Bay, in Luzon, comprises the following municipalities:

Alaminos, Bay, Biñan, Cabuyao, Calamba, Calauan, Cavinti, Famy, Lilio, Loñgos, Los Baños, Luisiana, Lumban, Mabitac, Magdalena, Majayjay, Nagcarlan, Paete, Pagsanjan, Pakil, Pañgil, Pila, Rizal, San Pablo, San Pedro, Santa Cruz, (the capital of the province), Santa Maria, Santa Rosa, and Siniloan.

The Province of La Union, lying northeast of Lingayen Gulf, on the Island of Luzon, comprises the following municipalities:

Agoo, Aringay, Bacnotan, Balaoan, Bangar, Bauang Caba, Luna, Naguilian, Rosario, San Fernando (the capital of the province), San Juan, Santo Tomas, and Tubao.

This province also contains the following municipal districts: Bagulin, Burgos, Pugo, San Gabriel, Santol, and Sudipen.

The Province of Leyte consists of territory on the Island of Leyte and adjacent islands, and contains the following municipalities:

Abuyog, Alangalang, Albuera, Anahawan, Babatñgon, Barugo, Bato, Baybay, Biliran, Burauen, Cabalian, Caibiran, Calubian, Capoocon, Carigara, Dagami, Dulag, Hilongos, Hindang, Hinunangan, Hinundayan, Inopacan, Jaro, Kawayan, La Paz, Leyte, Libagon, Liloan, Maasin, Macrohon, Malitbog, Maripipi, Matalom, Merida, Naval, Ormoc, Palo, Palompon, Pastrana, Pintuyan, San Isidro, San Miguel, Sogod, Tacloban (the capital of the province), Tanauan, Tolosa, and Villaba.

The Province of Marinduque consists of the Island of Marinduque and the small islands immediately adjacent thereto, and contains the following municipalities:

Boac (the capital of the province), Buenavista, Gasan, Mogpog, Santa Cruz, and Torrijos.

The Province of Masbate consists of the Islands of Masbate, Ticao, Burias, and all the small adjacent islands, and contains the following municipalities:

Aroroy, Cataiñgan, Dimasalang, Masbate (the capital of the province), Milagros, San Fernando, San Jacinto, and San Pascual.

The Province of Mindoro consists of the Island of Mindoro, the Island of Lubang, the Island of Maestre de Campo, and all other islands adjacent to any of them, not included in the territory of some other province. It contains the following municipalities:

Abra de Ilog, Baco, Bongabong, Bulalacao, Calapan (the capital of the province), (Concepcion), Looc, Lubang, Mamburao, Mansalay, Naujan, Paluan, Pinamalayan, Pola, Puerto Galera, Sablayan, San Jose, and San Teodoro.

The Province of Oriental Misamis consists of that portion of the former Province of Misamis which comprises the municipalities of Alubijid, Balingasag, Cagayan (the capital of the province), Gingoog, Initao, Kinogitan, Salay, Tagoloan, and Talisayan, and the island of Camiguin with its municipalities (Catarman, Mambajao and Sagay) and adjacent small islands, and the municipal districts of Claveria, Lourdes, and Lumbia.

The Province of Occidental Misamis consists of the other portion of the former Province of Misamis, comprising the municipalities of Aloran, Baliangao, Bonifacio, Clarin, Jimenez, Lopez-Jaena, Misamis, Oroquieta (the capital of the province), Plaridel, Tangub, and Tudela.

[3537; 3777.]

[As to the capital of this province, see sec. 2, Act 3537; previous Act 3354, providing for the division of Misamis was repealed by Act 3537.]

The Mountain Province consists of territory in the central part of northern Luzon and comprises the subprovinces of[Amburayan] Apayao, Benguet, Bontoc, Ifugao, Kaliñga, and Lepanto.

[The subprovince of Amburayan contains the municipal district of Bakun.]

The subprovince of Apayao contains the municipal districts of Bayag, Conner, Kabugao,[Tauit],[Namaltugan], and Luna.

The subprovince of Benguet contains the City of Baguio and the municipal districts of Atok, Bokod, Bakun, Buguias, Itogon, Kabayan, Kapañgan, Kibuñgan, La Trinidad, Mankayan, Sablan, Tuba, and Tublay.

The subprovince of Bontoc contains the municipal districts of Bontoc (the capital of the province),[Calao], Barlig, Natonin, Sabañgan, Sadañga, Sagada,[Talubin], and Tinglayan.

The subprovince of Ifugao contains the municipal districts of Banaue, Burnay, Hunduan, Kiañgan, and Mayoyao.

The subprovince of Kalinga, contains the municipal districts of Balbalan, Lubuagan, Pinukpuk, Tabuk, and Tanudan.

The subprovince of Lepanto contains the municipal districts of[Ampusungan],[Banaao], Bauko, Besao, Kayan,[Mankayan], and[Sabangan].

The Province of Nueva Ecija consists of territory in north-central Luzon, and comprises the following municipalities:

Aliaga, Bongabon, Cabanatuan (the capital of the province), Cabiao, Carranglan, Cuyapo, Gapan, Guimba, Jaen, Laur, Licab, Lupao, Muñoz, Nampicuan, Pantabangan Papaya, Peñaranda, Quezon, Rizal, San Antonio, San Isidro, San Jose, San Leonardo, Santa Rosa, Santo Domingo, Talavera, and Zaragoza.

The Province of Nueva Vizcaya, lying southeast of the Mountain Province and southwest of Isabela, consists of the territory in north-central Luzon and comprises the following municipalities:

Aritao, Bagabag, Bambang, Bayombong (the capital of the province), Dupax, and Solano.

This province also contains the following municipal districts: Imugan, Kayapa, Kasibu, Pinappagan, and Pingkian (Sta. Cruz).

The Province of Occidental Negros consists of territory in the northern and western part of the island of Negros, including adjacent small islands. It comprises the following municipalities:

Bacolod (the capital of the province), Bago, Binalbagan, Cadiz, Calatrava, Cauayan, Escalante, Himamaylan, Hinigaran, Ilog, Isabela, Kabankalan, La Carlota, La Castellana, Manapla, Murcia, Pontevedra, Pulupandan, Sagay, San Carlos, San Enrique, Saravia, Silay, Talisay, Valladolid, and Victorias.

The Province of Oriental Negros consists of territory in the south and eastern part of the Island of Negros, with adjacent small islands, and includes also the subprovince of Siquijor, which consists of the island of the same name. The province contains the following municipalities:

Ayungon, Ayuquitan, Bacong, Bais, Dauin, Dumaguete (the capital of the province), Enrique Villanueva, Guijulñgan, Jimalalud, La Libertad, Larena, Lazi, Luzuriaga, Manjuyod, Maria, San Juan, Siaton, Sibulan, Siquijor,[Talingting], Tanjay, Tayasan, Tolong, Vallehermoso, and Zamboanguita.

This province also contains the municipal district of Tambo.

The Province of Palawan consists of the Island of Palawan, the islands of Dumaran and Balabac, the Calamian Islands, the Cuyo Islands, the Cagayanes Islands, and all other islands adjacent to any of them, not included in some other province, and comprises the following municipalities:

Agutaya, Bacuit, Cagayancillo, Coron, Cuyo, Dumaran, Puerto Princesa (the capital of the province), and Taytay.

This province also contains the following municipal districts: Aborlan, Balabac, and Brooke’s Point.

The Province of Pampanga, lying to the north of Manila Bay, consists of territory in the Island of Luzon, and contains the following municipalities:

Angeles, Apalit, Arayat, Bacolor, Candaba, Floridablanca, Guagua, Lubao, Mabalacat, Macabebe, Magalan, Masantol, Mexico, Minalin, Porac, San Fernando (the capital of the province), San Luis, San Simon, Santa Ana, Santa Rita, and Sexmoan.

The Province of Pangasinan, lying to the south of Lingayen Gulf, on the Island of Luzon, comprises the following municipalities:

Agno, Aguilar, Alaminos, Alcala, Anda, Asingan,[Balincaguin,] Balungao, Bani, Bautista, Bayambang, Binalonan, Binmaley, Bolinao, Bugallon, Burgos, Calasiao, Dagupan, Dasol, Infanta, Labrador, Lingayen (the capital of the province), Mabini, Malasiqui, Manaoag, Mangaldan, Mangatarem, Mapandan, Natividad, Pozorrubio, Rosales, San Carlos, San Fabian, San Jacinto, San Manuel, San Nicolas, San Quintin, Santa Barbara, Santa Maria, Santo Tomas, Sison, Sual, Tayug, Umingan, Urbiztondo, Urdaneta, and Villasis.

The Province of Rizal, lying east of Manila Bay and north of Laguna de Bay, consists of territory in central Luzon and comprises the following municipalities:

Angono, Antipolo, Baras, Binangonan, Cainta, Caloocan, Cardona, Jalajala, Las Piñas, Makati, Malabon, Mandaluyong, Marikina, Montalban, Morong, Muntinglupa, Navotas, Parañaque, Pasay, Pasig (the capital of the province,) Pateros, Pililla,[San Felipe Neri], San Juan del Monte, San Mateo, Tagig, Tanay, Taytay, and Teresa.

The Province of Romblon consists of the Island of Romblon, the Tablas Island, the Sibuyan Island, the Carabao Island, and the islands of Banton and Simara and the adjacent small islands, and comprises the following municipalities:

Badajoz, Cajidiocan, Concepcion, Corcuera, Despujols, Jones, Looc, Magdiwang, Odiongan, Romblon (the capital of the province), and San Fernando.

The Province of Samar consists of territory on the Island of Samar and adjacent islands, and comprises the following municipalities:

Allen, Almagro, Balangiga, Basey, Bobon, Borongan, Calbayog, Calbiga, Capul, Catarman, Catbalogan (the capital of the province), Catubig, Dolores, Gandara, Guiuan, Hernani, Laoang, Lavezares, Llorente, Mondragon, Oquendo, Oras, Palapag, Pambujan, Salcedo, San Antonio, San Julian, Santa Margarita, Santa Rita, Santo Niño, Sulat, Taft, Tarangnan, Tinambacan, Villareal, Wright, and Zumarraga.

This province also contains the following municipal districts: Concord,[Debuan], Hinabangan, Jipapad, Maslog, Matuguinao, San Jose de Buan, and[Tagaslian].

The Province of Sorsogon consists of territory at the southeastern extremity of Luzon, including appurtenant small islands, and comprises the following municipalities:

Bacon, Barcelona, Bulan, Bulusan, Casiguran, Castilla, Donsol, Gubat, Irosin, Juban, Magallanes, Matnog, Pilar, Prieto-Diaz, Santa Magdalena, and Sorsogon (the capital of the province).

The Province of Surigao consists of territory in the northeastern part of the Island of Mindanao, including the islands of Dinagat, Siargao, and Bucas Grande, with appurtenant small islands. It contains the following municipalities:

Bamuag, Bislig, Cantilan, Carrascal, Dapa, Dinagat, General Luna, Gigaquit, Hinatuan, Lanuza, Lianga, Lingig, Loreto, Mainit, Numancia, Placer, Surigao (the capital of the province), Tago, and Tandag.

This province also contains the following municipal districts: Bahi, Borboanan, Cabangahan, Coleto, Libas, Macopa, Pamaypayan, Pili, San Isidro, San Miguel, Sibahay, Soriano, Tagbayani, Union, and Xavier.

The Province of Tarlac consists of territory in north-central Luzon and contains the following municipalities:

Anao, Bamban, Camiling, Capas, Concepcion, Gerona, La Paz, Mayantoc, Moncada, Paniqui, Pura, Ramos, San Clemente, San Manuel, Santa Ignacia, Tarlac (the capital of the province), and Victoria.

The Province of Tayabas consists of territory in the eastern part of the Island of Luzon, to the north and west of the provinces of Camarines Norte and Camarines Sur. It includes the Island of Polillo, the Island of Jomalig, and other small islands forming a part of the same group.

The province contains the following municipalities: Agdangan, Alabat, Atimonan, Aurora, Baler,[Bondo,] Calauag, Candelaria, Casiguran, Catanauan, Dolores, General Luna, Guinayangan, Gumaca, Infanta,[Laguimanoc] Lopez, Lucban, Lucena (the capital of the province), Macalelon, Mauban, Mulanay, Padre Burgos, Pagbilao, Perez, Pitogo, Polillo, Quezon, Sampaloc, San Narciso, Sariaya, Tayabas, Tiaong, and Unisan.

The Province of Zambales consists of territory on the China Sea in the west-central portion of Luzon and comprises the following municipalities:

Botolan, Cabangan, Candelaria, Castillejos, Iba (the capital of the province), Masinloc, Palauig, San Antonio, San Felipe, San Marcelino, San Narciso, Santa Cruz, and Subic.

[2657–43.]

ARTICLE III

Department of Mindanao and Sulu and its Provinces

SECTION 39. Territory included in Department of Mindanao and Sulu. -[The Department of Mindanao and Sulu consists of the entire Island of Mindanao, excluding only the Provinces of (Misamis) Oriental Misamis, Occidental Misamis, and Surigao, together with the Sulu Archipelago, and including the islands known as the Jolo Group, the Tawi Tawi Group, and all other islands pertaining to the Philippine Archipelago south of the eighth parallel of north latitude, excepting therefrom the island of Balabac, and the immediately adjacent islands, but including the Island of Cagayan Sulu with adjacent islands.]

[2657–44.]

SECTION 40. Situs of provinces of Department of Mindanao and Sulu. – The general location of the provinces of the Department of Mindanao and Sulu and the principal subdivisions contained in them is as follows:

The Province of Agusan consists of territory in the northern part of the Island of Mindanao, west of Surigao, and comprises the following municipalities:

Buenavista, Butuan (the capital of the province), Cabadbaran, Jabonga, Nasipit, and Talacogon.

The province also contains the following municipal districts:[Amparo], Azpitia, Bahbah, Balete, Baquingquing, Basa, Baylo, Borbon, Bunaguit, Bunawan, Concordia, Corinto, Cuevas, Ebro, Esperanza, Gracia, Guadalupe, Halapitan, Langasian, La Paz, Las Nieves, Libertad, Loreto, Los Arcos, Maasin, Mambabili,[Manila], Mampinsahan, Maygatasan, Milagros, Novele, Nuevo Sibagat, Nuevo Trabajo, Patrocinio, Prosperidad, Remedios, Rosario, Sagunto, Salvacion, San Ignacio, San Luis[San Mateo],[San Vicente], San Isidro, Santa Ines, Santa Josefa, Santo Tomas, Trento, Tudela, Verdu, Veruela, Violanta, and Waloe.

The Province of Bukidnon consists of territory in the northern part of the Island of Mindanao between the Province of Agusan, to the east, and the Provinces of Oriental Misamis and Lanao to the west, with Cotabato to the south, and comprises the following municipalities:

Impasugong, Malaybalay (the capital of the province), Maluko, and Talakag.

The province also contains the following municipal districts: Baungon,[Claveria],[Guimbaluron], Kibawe, Libona,[Lourdes], Malitbog, Maramag,[Napaliran], Pangantucan, and Sumilao.

The Province of Cotabato lies east and south of the Province of Lanao, south of the Province of Bukidnon and west of the Province of Davao and contains the following municipalities:

Cotabato (the capital of the province), Dulawan, and Midsayap.

The province also contains the following municipal districts: Awang, Balatikan, Balut, Banisilan, Barira, Buayan, Bugasan, Buldun, Buluan, Carmen,[Daguma], Dinaig,[Dulawan,] Gambar, Glan,[Isulan], Kabakan, Kalanganan, Kiamba, Kidapawan, Kitubud, Kling, Koronadal, Lebak,[Libuangan], Liguasan,[Maganui], Nuling, Parang, Pikit-Pagalungan,[Reina Regente], Salaman, Sebu, Silik, Subpangan,[Talayan] and Tumbau.

The Province of Davao consists of territory in the southeastern corner of the Island of Mindanao, with appurtenant islands, including the Sarangani Islands. Its territory is indented by the waters of the Gulf of Davao. It contains the following municipalities:

Baganga, Caraga, Cateel, Davao, (the capital of the province), Malita,  Manay, Mati, Pantukan, and Santa Cruz.

The Province also contains the following municipal districts: Batulaki, Caburan, Camansa, Compostela,[Guianga], Kapalong, Lupon,[Malita], Moncayo,[Pantukan],  Samal, Saug, Sigaboy, Surup, and Tagum.

The Province of Lanao lies east of the Province of Zamboanga and west of Bukidnon, being washed on the southwest by the waters of Illana Bay, and contains the following municipalities:

Dansalan (the capital of the province), Iligan, Kolambugan, and Malabang.

The Province also contains the following municipal districts: Bakulud, Balut, Bayang, Binidayan, Bubung,[Buruun], Butig, Ditsaan, Ganassi, Gata, Kapai, Kapatagan, Lumbatan, Madalum, Madamba, Maging, Mandulog, Marantau, Masiu, Mulundu, Momungan, Munai, Nunungan, Pantar, Pantau-Ragat,[Patarikan], Pualas,[Sagtaran] Saguiaran, Suñgud, Tamparan, Taraka, Tatarikan, Tubaran, Tugaya, and Uato.

The Province of Sulu includes all the Islands of Mindanao and Sulu situated in the Celebes Sea and in the Sulu Sea between the fourth and eighth parallels of north latitude lying southwest of a line running northwest and southeast and passing at a point two miles due east of the northeast extremity of Tatalan Island. It contains the municipality of Jolo (the capital of the province).

The province also contains the following municipal districts: Balimbing,[Banaran], Bongao,[Gitung], Cagayan de Sulu, Indanan,[Laparan],[Lati], Lu’uk, Maimbung, Marungas, Panamau, Pangutaran,[Pansul], Parang, Pata, Patikul, Siasi,[Silangkan], Simunul, Sitangkai, South Ubian, Talipao, Tandubas, Tapul, and Tongkil.

The Province of Zamboanga is located upon the western part of the Island of Mindanao and includes all the territory west of the boundary between Lanao and Zamboanga, with the adjacent islands not included within the Province of Sulu. It contains the following municipalities:

Dapitan, Dipolog,[Isabela],[Lubuñgan], Kabasalan, Katipunan, Margosatubig, Pagadian, Sindañgan, Siocon, and Zamboanga, (the capital of the province).

[The province also contains the following municipal districts: Bangaan, Dinas, Kabasalan, Kumalarang, Labañgan, Lamitan, Maluso, Margosatubig, Pañganuran, Sibuko, Sindañgan, Sirawai, and Taluksañgay.]

[2657–45.]

CHAPTER 3

Boundaries Defined

ARTICLE I

Undefined Boundaries

SECTION 41. Undefined boundaries recognized. – Boundaries which are not defined in the next succeeding article of this chapter shall, until expressly changed by law or executive order, be taken to be as heretofore determined by decree, statute, executive order, or other resolution having the force of law, and in the absence of such, by custom recognized by the administrative authorities.

[2657–46.]

ARTICLE II

Defined Boundaries

SECTION 42. Camarines Norte and Tayabas boundary. – The boundary separating the Province of Camarines Norte from the Province of Tayabas begins at a point on the eastern shore of Basiad Bay and extends to a peak known as Mount Cadig in such manner as to bring the territory of the barrio of Basiad entirely within the municipality of Capalonga, in Camarines Norte, and to exclude the same from the territory of Calauag, in Tayabas. From Mount Cadig it extends along the crest of a mountain range, a distance of 50 kilometers, more or less, to a peak known as Mount Labo; thence in a southwesterly direction, a distance of 25 kilometers, more or less, to a prominent stone monument at the source or headwaters of the Pasay River, thence along the meandering course of said river in a southerly direction, a distance of 1½ kilometers, more or less, to the Gulf of Ragay.

[2657–47; see Act 2809 re Camarines Provinces.]

SECTION 43. La Union and Amburayan boundary. – The boundary between La Union and the subprovince of Amburayan, in the Mountain Province, is as follows: Beginning at a point called “Initial”, from which the Tagudin church bell tower, latitude 16º 56′ 8.05″, east longitude 120º 26′ 24.09″, bears N. 39º 55.5″, W., and the Bangar church cross, north latitude 16º 53′ 43.50″ east longitude 120º 25′ 8.94″, bears S. 54º 6.5′ W., the two latter being Coast and Geodetic Survey points; thence S. 16º 29.5′ W. 2,899.9 meters to a point called “Cruz,” or “A2”; thence S. 22º 24.5′ E. 2,680.5 meters to a point called “Bangar,” north latitude 16º 52′ 19.35″, east longitude 120º 27′ 20.65″, which is a Coast and Geodetic Survey station of the same name; thence S. 4º 25′ W. 1,560.3 meters to a point called “Chow”, or “A6”; thence S. 25º 57.5′ W. 2,958.2 meters to a point called “San Francisco,” or “A7”; thence S. 18º 51.5′ W. 1,706.4 meters to a point called “Calat,” or “X2”; thence S. 4º 56′ W. 2,893 meters to a point called “Bungcayo,” or “A9”; thence S. 8º 51.5′ W. 3,268.2 meters to a point called “San Jose”, or “AA10”; thence S. 30º 31′ W. 4,464.7 meters to a point called “Lacong No. 1,” or “A11”; thence S. 20º 23′ W. 805.7 meters to a point called “Lacong No. 2”, or “A12”; thence S. 24º 14′ W. 1,283.3 meters to a point called “Hill”, or “A13; thence S. 2º 21′ W. 2,118.7 meters to a point called “San Gabriel”, or “A14”; thence S. 26º 48.5′ W. 1,460.5 meters to a point called “Road,” or “X7”; thence S. 10º 7.5′ E. 297.8 meters to a wooden cross set on the south side of the main road from San Juan to San Gabriel; thence on the same bearing, S. 10º 7.5′ E. 1,409.7 meters to a point called “Final”, or “X6″, which point was the end of the boundary line and is at the junction of the Cabassitan and Bororo, or Cadaclan, Rivers. From Final the Coast and Geodetic Survey station Saragosa, north latitude 16º 42′ 32.27″, east longitude 120º 22′ 14.66″, bears N. 29º 49.5” W. 5,610.4 meters.

[2657–49.]

SECTION 44. La Union and Benguet boundary. – The boundary between La Union and the subprovince of Benguet, in the Mountain Province, is as follows: To reach the point of beginning start at the point called “Final,” or “X6,” in the next preceding paragraph, thence up the Cabassitan River, which is in part the boundary line between the subprovince of Amburayan and the Province of La Union, to the point of beginning, thence beginning at the junction of the Cabassitan and Riachuelo Rivers, thence in a curved line to the south around the barrio of Duplas, leaving that barrio in the Province of La Union, till the line joins the Riachuelo River; thence up the Riachuelo River to the lowest place in the mountain ridge; thence crossing this ridge and descending on the southerly slope down the creek Alalapang to its junction with the Naguilian River and crossing the Naguilian River to a prominent point of rock known as “Cruz” to all the people of a large district and which is the location of the boundary line in this section between the towns of San Fernando and Naguilian, the same being an old well-known landmark; thence in the same direction over the hill about one thousand feet to the Creek Paldit and following this Creek Paldit to its source; thence crossing the ridge at the lowest point between the Mounts Liddug and Diccan to the Diccan River; thence down said Diccan River to its junction with the Salnip forming the Ribsuan River; thence down the Ribsuan to the junction of the Ribsuan River and the Bayating River; thence up the said Bayating River about one kilometer passing a monument of stone and cement erected in the time of the Spanish as a boundary mark between the districts of La Union and Benguet, continuing to the mouth of the Creek Lungis; thence up said creek to its source, the barrio of Ancauay being in La Union Province; thence through the lowest place in a direct line to a point called Siam on the opposite ridge, the same being further designated by a marked tree; thence down the River Caboang to its junction with the Galiano River the same being just above the barrio of Galiano, Galiano being in the Province of La Union; thence down the Galiano River in the same general direction to the mountain from which the river reverses its course; thence across this mountain spur to the base of Mount Alipang at the River Alipang, giving all the barrio of Rizal to the Province of La Union; thence up said Alipang River to the barrio of Pugo; thence following the road known as Calle Real to the barrio of Ambangonan. The barrio of Ambangonan being Christian, an offset is here made and thus described; from the river crossing of the Calle Real continue up the river about one-half mile, thence in a direct line back to the Calle Real at the foot of the hill about one-half mile from the river on the Calle Real, forming an equilateral triangle. Thence, continuing on the line of the Calle Real to a point overlooking the Inabaan Valley, at which point a cross is ordered placed, from this point the boundary is to follow a direct line across the valley to a point between the barrios of Cuenca and Casilagan, very near Cuenca, the barrios of Casilagan, Inabaan, and Garampang being in La Union, and Cuenca, San Luis, Enmistampa, Mauasuas, and Dagupan being in Benguet, to a cross on a hill directly west of Dongon, and thence from this point in a direct line to Dongon, Dongon being the boundary point between Benguet, Pangasinan, and La Union.

[2657–50; modified by Act 2877, sec. 2.]

SECTION 45. Part of boundary between La Union and Mountain Province. – The boundary between the municipality of Bangar, in the Province of La Union, and the municipality of Tagudin, in the Mountain Province, is as follows: Beginning at the point “Initial” in the La Union and Amburayan boundary as above described, thence S. 89º 41′ W. 1,883.91 meters to a spike in the concrete base of an old monument, which bears S. 9º 50′ W. 2,206.21 meters from Bureau of Lands location monument No. 2 of Tagudin; thence N. 71º 55′ W. 1,948.23 meters; thence N. 55º 28′ W. 1,185.5 meters to high-tide line of the China Sea.

[2657–51]

SECTION 46. La Union and Pangasinan boundary. – The boundary between the Provinces of La Union and Pangasinan from the Lingayen Gulf to the Bued River is as follows:

Beginning at a point in the mouth of the Rabon River S. 4º 58′ E. 161.94 meters from barrio location monument No. 2 of Rabon and S. 88º 40′ W. 44.27 meters from an old brick monument in the west side of the railroad right of way, thence N. 88º 40′ E. 787.01 meters to the site of an old Spanish monument of 1856 at Nagcuralan formerly marked by a wooden cross, replaced in 1913 by a concrete monument, being corner 24 of survey Rs-352; thence S. 88º 08′ E. 3,214.77 meters to the site of an old Spanish monument of 1856 at Toblon formerly marked by a wooden cross, replaced in 1913 by a concrete monument, being corner 25 of survey Rs-352; thence N. 88º 03′ 842.96 meters to the southwest corner of property decreed in G.L.R.O. records 7299, being corner 52 of survey II-2019; thence N. 87º 42′ E. 26.50 meters to a concrete monument, being corner 51 of survey II-2019; thence N. 87º 46′ E. 214.97 meters to a concrete monument, being corner 50 of survey II-2019; thence N. 87º 52′ E. 500.36 meters to a concrete monument, being corner 49 of survey II-2019; thence N. 87º 44′ E. 500.21 meters to a concrete monument, being corner 48 of survey II-2019; thence N. 87º 51′ E. 500.10 meters to a concrete monument, being corner 47 of survey II-2019; thence N. 87º 48′ E. 500.14 meters to a concrete monument, being corner 46 of survey II-2019; thence N. 87º 48′ E. 184.49 meters to a concrete monument set over the remains of an old Spanish monument of 1856, site formerly marked by a wooden cross; thence N. 87º 48′ E. 315.74 meters to a concrete monument, being corner 45 of survey II-2019; thence N. 88º 30′ E. 137.40 meters to a concrete monument, being corner of survey II-2019; thence N. 87º 51′ E. 12 meters to the center of the Saitan Creek, being corner of survey II-2019 and the southeast corner of property decreed in G.L.R.O. records 7299; thence N. 87º 55′ E. 1,753.38 meters to a rock in place near the west bank of the Bued River, from which point barrio location monument No. 1 of Agat bears S. 58º 39′ E. 1,033.41 meter; thence N. 87º 55′ E. 400.00 meters to a point in the approximate center of the Bued River, from which point barrio location monument No. 1 of Agat bears S. 41º 10′ E. 733.48 meters.

[2657–52.]

SECTION 47. Boundaries of subprovince of Apayao. – The subprovince of Apayao in the Mountain Province contains the territory embraced in the following boundaries: The eastern boundary shall be a line beginning in the hills immediately to the westward of the municipality of Claveria, in the Province of Cagayan, and extending in a general southeasterly and southerly direction, between the settlements of Christians and of non-Christians, to the point in the hills immediately to the westward of Malaueg at which the boundary of the subprovince of Kalinga begins; its southern boundary shall be the line fixed for the northern boundary of the subprovince of Kalinga; its western boundary shall be the line fixed as the eastern boundary line of northern Abra and of that portion of Ilocos Norte which at present abuts upon the subprovince of Apayao, extending to a point directly to the west of the point of origin in the hills west of Claveria; its northern boundary shall be a line extending due east from this point to the point immediately to the westward of the municipality of Claveria, at which the boundary begins; the general purpose in fixing this boundary being to include within the subprovince of Apayao all the non-Christian inhabitants of the Province of Cagayan, as formerly constituted, west of the Rio Grande de Cagayan and north of Malaueg.

[2657–53.]

SECTION 48. Benguet and Amburayan-Lepanto boundaries. – The subprovincial boundary between Benguet, on the south, and Amburayan and Lepanto, on the north, all in the Mountain Province, is as follows: Beginning at the point where the watershed dividing the waters of the Amburayan River and its tributaries on the north from those of several small streams on the south flowing in a generally southwesterly direction through the subprovince of Benguet intersects the present eastern boundary of the Province of La Union, and extending in a generally northeasterly direction medially along the crest of the above-described watershed and of the watershed which divides the waters of the Abra River and its tributaries from the waters of the Agno River and its tributaries to the point where the ridge forming the latter watershed leaves the face of the high mountain known as Mount Data and thence in a straight line along the side of Mount Data to the point where the ridge or watershed between the Agno River and the streams of Nueva Vizcaya joins Mount Data.

SECTION 49. Boundaries of subprovince of Kalinga. – The subprovince of Kalinga, in the Mountain Province, has the following boundaries: Beginning at a point in the hills immediately west of the former municipality of Malaueg in the Province of Cagayan, and extending to the hills immediately west of the municipality of Santa Maria in the Province of Isabela, between the settlements of Christian natives and of non-Christian inhabitants; running thence southerly, between the settlements of Christians and non-Christians, to the Kalinga settlement of Sili; thence westerly to the boundary line of Nueva Vizcaya; thence along the present line of the northeasterly boundary of Nueva Vizcaya to its intersection with the boundary line of the subprovince of Bontoc; thence along the present easterly line of the subprovince of Bontoc to a point about half way between the rancherias of Lias and Dakalan; thence westerly to the crest of the mountain range between the Tanudan River and the Rio Chico de Cagayan, including the watersheds of said rivers in the subprovinces of Bontoc and Kalinga, respectively; thence northerly along and following a line dividing said watersheds to the summit of Mount Patukan, near the rancheria of Bangad; thence to a point on the watershed west of Bangad, including that rancheria and the rancheria of Sumadel with all their barrios in the subprovince of Bontoc; thence to a point in the vicinity and south of the rancheria of Balatok; thence and including the rancheria of Balatok and the rancherias of the Saltan River Valley to the easterly boundary of the Province of Abra; thence northerly along the easterly line of the present boundary of the Province of Abra to the vicinity of Dagara and the settlements of the southern branch of the Abulug River; and thence easterly to the point of beginning.

[2657–55.]

SECTION 50. Nueva Vizcaya and Ifugao boundary. – The boundary between Nueva Vizcaya and the subprovince of Ifugao, in the Mountain Province, is in part as follows: Beginning at the point where the Lamut River intersects with the southern boundary of the subprovince of Ifugao, as it existed prior to first of June, nineteen hundred and nine, thence along said river to its union with the Magat River; thence along the Magat River to its union with the Alimit River.

The remainder of said boundary coincides with the southern limits of the former Comandancia of Kiangan.

[2657–56.]

SECTION 51. Zamboanga and Lanao boundary. – The boundary separating the Province of Zamboanga from the Province of Lanao begins at a point on the south shore of Panguil Bay 2 miles east of the intersection of the line of the old Spanish trocha with the shore of said bay, thence in a southerly direction parallel with the line of the trocha and 2 miles distant therefrom to Illana Bay, including in the Province of Zamboanga the town of Tucuran.

[2657–57.]

SECTION 52. Boundary between Misamis and provinces of Department of Mindanao and Sulu. – The boundary separating the Province of Misamis from the provinces of the Department of Mindanao and Sulu is as follows:

A line beginning at a point on the parallel of 8º 39′ 30″, north latitude, at its intersection with the meridian of 123º 33′ 30″, east longitude, approximately 2,021.7 meters west of Cabugan Island, running due south to the middle of the channel of Migpangil River, thence along said river to its mouth in Panguil Bay, thence along the south shore of Iligan Bay, thence along the southern and southeastern shore of Iligan Bay in an easterly and northerly direction to a point which is located on the east coast of Iligan Bay, on the west side of the trail of Iligan at Salimbal point, about one kilometer south of the barrio of Lugait, thence S. 76º 36′ 53″ E. 1,483.4 meters to point 2; S. 56º 01′ 54″ E. 164.9 meters to point 3; N. 63º 14′ 26″ E. 3,148.9 meters to point 4; N. 30º 06′ 53″ E. 2,218.8 meters to point 5; N. 48º 35′ 46″ E. 3,565.8 meters to point 6; N. 18º 36′ 49″ E. 405.7 meters to point 7; N. 18º 37′ 09″ E. 689.1 meters to point 8; N. 23º 23′ 42″ E. 2,025.8 meters to point 9; N. 24º 31′ 16″ E. 1,480.9 meters to point 10; N. 63º 14′ 02″ E. 3,685.4 meters to point 11; N. 18º 18′ 55″ E. 5,357.6 meters to point 12; N. 22º 50′ 47″ E. 2,492.7 meters to point 13; N. 7º 01′ 58″ E. 1,291.3 meters to point 14; N. 18º 59′ 38″ W. 2,003.9 meters to point 15; N. 45º 33′ 52″ E. 3,309.2 meters to point 16; S. 58º 41′ 59″ E. 4,173.6 meters to point 17; S. 49º 23′ 17″ E. 8,535.6 meters to point 18; S. 30º 53′ 02″ W. 2,425.9 meters to point 19; S. 0º 13′ 38″ W. 2,295.9 meters to point 20; S. 82º 28′ 01″ E. 2,093.1 meters to point 21; S. 84º 20′ 21″ E. 4,801.4 meters to point 22; S. 79º 16′ 56″ E. 6,349.4 meters to point 23; 86º 00′ 06″ E. 2,146.9 meters to point 24; S. 89º 12′ 54″ E. 3,832.1 meters to point 25; 89º 09′ 55″ E. 12,479.2 meters to point 26; N. 83º 31′ 30″ E. 3,809.6 meters to point 27; N. 4º 52′ 15″ E. 137.8 meters to point 28; N. 28º 24′ 53″ W. 6,132.4 meters to point 29; N. 43º 14′ 00″ W. 2,176.5 meters to point 30; N. 65º 50′ 21″ E. 5,146.1 meters to point 31; N. 8º 36′ 11″ E. 7,891.8 meters to point 32; N. 52º 17′ 13″ W. 2,370.4 meters to point 33; N. 4º 26′ 26″ W. 1,336.8 meters to point 34; N. 15º 22′ 02″ W. 3,849.0 meters to point 35; N. 8º 03′ 18″ W. 4,251.2 meters to point 36; N. 8º 28′ 51″ W. 5,691.6 meters to point 37; N. 18º 17′ 50″ E. 4,907.5 meters to point 38; N. 71º 54′ 23″ W. 1,141.8 meters to point 39; N. 10º 08′ 56″ W. 423.9 meters to point 40; N. 11º 50′ 50″ E. 1,365.8 meters to point 41; N. 67º 15′ 36″ E. 2,052 meters to point 42; N. 28º 08′ 01″ W. 717.2 meters to point 43; N. 1º 19′ 23″ E. 3,793.5 meters to point 44; N. 2º 52′ 33″ E. 9,877.8 meters to point 45; N. 47º 58′ 12″ W. 1,583.1 meters to point 46; N. 0º 09′ 45″ E. 1,621.2 meters to point 47; N. 52º 30′ 40″ E. 3,647.5 meters to point 48; S. 87º 28′ 45″ E. 3,626.4 meters to point 49; S. 73º 42′ 47″ E. 9,902.7 meters to point 50; S. 57º 49′ 42″ E. 6,673.6 meters to point 51; S. 27º 13′ 39″ E. 4,473.2 meters to point 52; S. 42º 06′ 42″ E. 6,956.4 meters to point 53; S. 50º 41′ 37″ E. 2,477.5 meters to point 54; S. 69º 56′ 00″ E. 5,743.6 meters to point 55; N. 65º 02′ 04″ E. 8,051.0 meters to point 56; N. 49º 08′ 15″ E. 5,133.5 meters to point 57; N. 20º 02′ 01″ W. 13,972.2 meters to point 58; N. 7º 11′ 44″ W. 1,056.2 meters to point 59; N. 39º 24′ 48″ E. 1,724.3 meters to point 60; N. 15º 00′ 33″ W. 10,537.3 meters to point 61, blazed tree located 10 meters from the edge of the northernmost point of rocks on Diauata Point. Bearings from true meridian.

[2657–58; see Act 2968, re change of boundary between Misamis Oriental and Bukidnon and Agusan; see Act 3354 re portion of Zamboanga annexed to Occidental Misamis.]

SECTION 53. Boundary between Bukidnon and Provinces of Lanao, Cotabato, and Davao. – The boundary separating the Province of Bukidnon from the Provinces of Lanao, Cotabato, and Davao is as follows: Beginning at point 3 of the boundary line described in the next preceding section hereof, thence due east to the crest of the watershed dividing the waters which flow into Iligan Bay from those flowing into Macajalar Bay, thence in a southerly direction along the crest of the said watershed to the eighth parallel of north latitude, thence along the eight parallel of north latitude to a point due north of the highest peak of Mount Kalatungan, thence in a southerly direction to the headwaters of the main branch of the Mulita River, thence down the middle of the Mulita River to the mouth of the Bakto River, thence up the Bakto River in an easterly direction to its source, thence to the southernmost point of Lake Lamybyben, thence along the southern shore of said lake to its outlet, the Lamybyben River, thence down the Lamybyben River to the Pulangi River, thence down the Pulangi River to the mouth of the Tacuring River, thence up the Tacuring River to its source, thence due east to the crest of the eastern watershed of the Pulangi River, thence along the crest of this watershed to the eight parallel of north latitude.

[2657–59; see Executive Order No. 73, series of 1917.]

SECTION 54. Eastern boundary of Province of Lanao. – The eastern boundary of the Province of Lanao begins at a point which is located on the east coast of Iligan Bay, on the west side of the trail to Iligan at Salimbal Point, about one kilometer south of the barrio of Lugait, thence S. 76º 36′ 53″ E. for a distance of 1,483.4 meters, thence S. 56º 01′ 54″ E. for a distance of 764.9 meters, thence due east to the crest of the watershed dividing the waters which flow into Iligan Bay from those flowing into Macajalar Bay, thence in a southerly direction along the crest of the said watershed to the eight parallel of north latitude. Departing at this point from the western boundary of Bukidnon the said Lanao boundary runs thence south along the crest of the watershed dividing the waters flowing into Lake Lanao from those which flow into Macajalar Bay and into the Mindanao River, thence south and west along the crest of said last mentioned watershed to the summit of Mount Bita, the highest peak south of Butig, thence south and west to Tugapangan Point.

[2657–60.]

SECTION 55. Agusan and Bukidnon boundary. – The boundary between the Provinces of Agusan and Bukidnon is formed by a line beginning at point 57 of the survey of the boundary line between the Province of Misamis and the provinces of the Department of Mindanao and Sulu, which point is a peak about 800 meters in height called Mount Piglagajan and is situated about 5-1/2 kilometers east of the barrio of Odiongon, thence due east to the crest of the watershed dividing the waters which flow into Butuan Bay and into the Agusan River from the waters which flow into Gingoog Bay and into the Mindanao River, thence in a southerly direction along the crest of said watershed to its point of intersection with the eight parallel of north latitude. Said line shall be so run as to bring the municipalities and settlements of the Agusan River Valley into the Province of Agusan.

[2657–61.]

SECTION 56. Agusan and Surigao boundary. – The boundary between the Provinces of Agusan and Surigao is as follows: A line to cross Laguna Mainit from a point three miles north of Kitcharao by straight line to a point on the sea coast three miles north of Bolobolo.

[See Executive Order No. 9, series of 1917.]

SECTION 57. Cotabato and Davao boundary. – The eastern boundary of the Province of Cotabato, separating said province from the Province of Davao, is as follows: Beginning at a point where the boundary separating the Province of Bukidnon from the Province of Cotabato leaves the eastern watershed of the Pulangui River, thence in a southerly direction along the crest of the said divide which is sometimes known as the Apo range of mountains, to the southernmost peak of Mount Apo, thence along the watershed that divides the waters that flow into Davao Bay from those that flow into the Mindanao River and Sarangani Bay to Tinaca Point.

[2657–63.]

NOTE – Re boundaries of other provinces, see the following:

Executive Order No. 56, s. 1917, re boundary of Nueva Vizcaya and Pangasinan.

Executive Order No. 68, s. 1917, re boundary of Batangas and Cavite.

Act 3133 re the boundary line between Tayabas and the Provinces of Isabela, Nueva Vizcaya, and Nueva Ecija.

Act 3136 re the establishment of boundary line between the Provinces of Iloilo and Antique.

Act 3354 (approved November 30, 1927) re change of boundary line between the Provinces of Occidental Misamis and Zamboanga.

Act 3358 (approved Decmber 3, 1927) modifying boundary line between the Provinces of Surigao and Davao.

Act 3566 (approved November 26, 1929) re boundary line between Mountain Province and Cagayan.

TITLE II

Executive Power

CHAPTER 4

Chief Executive

ARTICLE I

(Governor-General and Vice-Governor) President
and Vice-President of the Philippines

SECTION 58. (Governor-General) President of the Philippines. -[The Governor-General of the Philippines is appointed by the President, by and with the advice and consent of the Senate of the United States, and holds his office at the pleasure of the President and until his successor is chosen and qualified.]

[This provision has been superseded by the Constitution of the Philippines, Art. VII, section 2.]

The (Governor-General) President of the Philippines, as Chief Executive of the (Islands) Philippines, is charged with the executive control of the Philippine Government, to be exercised in person or through the Secretaries of Departments, or other proper agency, according to law; and he shall be responsible for the faithful execution of all laws operative within the (Philippine Islands) Philippines.

[See Constitution of the Philippines, Art. VII, section 11, subsection (1).]

The (Governor-General) President of the Philippines is vested with the exclusive power to grant pardons and reprieves and remit fines and forfeitures.

The (Governor-General) President of the Philippines is the Commander-in-Chief of the Philippine Constabulary and all other armed military forces maintained by the Government of the (Philippine Islands) Philippines. When it becomes necessary he may call upon the commanders of the military and naval forces of the United States in the (Islands) Philippines, or summon the posse comitatus, or call out the militia or other locally created armed forces, to prevent or suppress lawless violence, invasion, insurrection, or rebellion; and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privileges of the writ of habeas corpus, or place the (Islands) Philippines, or any part thereof, under martial law, subject to the provisions of section twenty-one of the Act of Congress of the twenty-ninth of August, nineteen hundred and sixteen.

[Act of Congress of August 29, 1916, section 21.]

[See Constitution of the Philippines, Art. VII, sec. 11, subsec. (2).]

[See also C.A. No. 1, sec. 2(d).]

SECTION 59. (Vice-Governor) Vice-President. -[The Vice-Governor of the Philippine Islands is appointed by the President, by and with the advice and consent of the Senate of the United States.]

[The Vice-Governor possesses all the power of the Governor-General in the case of a vacancy or temporary removal, resignation, or disability of the Governor-General, or in case of his temporary absence.]

[The Vice-Governor is also Secretary of Public Instruction, and may be assigned such other executive duties as the Governor-General may designate.]

[Act of Congress of August 29, 1916, section 23.]

[This section has been superseded by the Constitution of the Philippines, Art. VII, secs. 2, 3, 4, 7, 9, and 12, subsec. (3).]

SECTION 60. Designation of Department Head as acting (Governor-General) President of the Philippines. -[The President may designate the Head of an Executive Department of the Philippine Government to act as Governor-General in the case of a vacancy, the temporary removal, resignation, or disability of the Governor-General and of the Vice-Governor, or their temporary absence, and the Head of the Department thus designated shall exercise all the powers and perform all the duties of the Governor-General during such vacancy, disability, or absence.]

[Act of Congress of August 29, 1916, section 23.]

This section has been superseded by Commonwealth Act No. 68 which provides as follows:

“SECTION 1. When neither the President-elect nor the Vice-President-elect shall have qualified, as provided in section seven, Article VII of the Constitution, or in the event of removal, death, resignation or inability, both of the President and Vice-President, as stated in section nine, Article VII of the Constitution, the National Assembly shall forthwith convene and elect, by a majority vote of all its Members, the person or officer who shall act as President until the President-elect or the Vice-President-elect shall have qualified, the inability removed, or a President shall have been elected. When the vacancy in the office of President and Vice-President shall become permanent, the National Assembly shall determine by resolution whether or not special election shall be held to elect a President. The call for the National Assembly to convene as herein provided may be made by the Speaker, or the Secretary, or twenty-five Members thereof.

“SEC. 2. In any of the events mentioned in section one hereof, pending the election of an acting President by the National Assembly, a Department Secretary, in the order of rank established in the Administrative Code, will perform the duties of temporary President.”

[See also Election Code, C.A. 357 (dated August 22, 1938), sec. 14. See also Ex. Or. No. 30, dated May 13, 1936 and Ex. Or. No. 87, dated January 23, 1937.]

SECTION 61. Private Secretary to (Governor-General) President of the Philippines. – There shall be an officer to be known as the Private Secretary to the (Governor-General) President of the Philippines, who shall perform the duties incident to the office of the Secretary and such other ministerial duties connected with the office as shall be required of him.

[2657–77.]

SECTION 62. Aide-de-camp to (Governor-General) President of the Philippines. – The (Governor) President of the Philippines may designate as his own aide-de-camp an officer of the (United States Army, Navy, Marine Corps) Philippine Army, or of the Philippine Constabulary, who, during the time of his service as such, shall receive in addition to his regular compensation a per diem of not to exceed ten pesos.

[2657–78.]

SECTION 63. Executive orders and executive proclamations. – Administrative acts and commands of the (Governor-General) President of the Philippines touching the organization or mode of operation of the Government or rearranging or readjusting any of the districts, divisions, parts, or ports of the (Philippine Islands) Philippines and all acts and commands governing the general performance of duties by public employees or disposing of issues of general concern shall be made effective in executive orders.

Executive orders fixing the dates when specific laws, resolutions, or orders are to have or cease effect and any information concerning matters of public moment determined by law, resolution, or executive orders, may be promulgated in an executive proclamation, with all the force of an executive order.

[2657–79.]

ARTICLE II

Particular Powers and Duties of (Governor-General)
President of the Philippines

SECTION 64. Particular powers and duties of (Governor-General) President of the Philippines. – In addition to his general supervisory authority, the (Governor-General) President of the Philippines shall have such specific powers and duties as are expressly conferred or imposed on him by law and also, in particular, the powers and duties set forth in this chapter.

Among such special powers and duties shall be:

(a) To nominate and appoint officials, conformably to law, to positions in the service of the Government of the (Philippine Islands) Philippines.

(b) To remove officials from office conformably to law and to declare vacant the offices held by such removed officials. For disloyalty to the United States, the (Governor-General) President of the Philippines may at any time remove a person from any position of trust or authority under the Government of the (Philippine Islands) Philippines.

(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.

(d) To reserve from settlement or public sale and for specific public uses any of the public domain of the (Philippine Islands) Philippines the use of which is not otherwise directed by law, the same thereafter remaining subject to the specific public uses indicated in the executive order by which such reservation is made, until otherwise provided by law or executive order.

(e) To reserve from sale or other disposition and for specific public uses or service, any land belonging to the private domain of the Government of the (Philippine Islands) Philippines, the use of which is not otherwise directed by law; and thereafter such land shall not be subject to sale or other disposition and shall be used for the specific purposes directed by such executive order until otherwise provided by law.

(f) To reserve in like manner and with the same effect any of the friar lands, subject to the approval of the Senate.

(g) To make request upon the military authorities of the United States for the detail of officers of the United States Army or of the Philippine Scouts, as well as of the forces commanded by them, for the purpose of suppressing violence, maintaining order, and enforcing the laws of the (Philippine Islands) Philippines.

(h) To determine when it is necessary or advantageous to exercise the right of eminent domain in behalf of the Government of the (Philippine Islands) Philippines; and to direct the Attorney-General where such act is deemed advisable, to cause the condemnation proceedings to be begun in the court having proper jurisdiction.

(i) To grant to convicted persons reprieves or pardons, either plenary or partial, conditional, or unconditional; to suspend sentences without pardon, remit fines, and order the discharge of any convicted person upon parole, subject to such conditions as he may impose; and to authorize the arrest and re-incarceration of any such person who, in his judgment, shall fail to comply with the condition, or conditions, of his pardon, parole, or suspension of sentence.

(j) To offer, or to authorize a provincial governor or the Chief of Constabulary to offer, a reward not exceeding twenty-five hundred pesos, for information leading to the capture and conviction of a member of a band of brigands, or of the perpetrator of any murder or robbery or any other crime, or for information leading to the capture of an escaped convict. Such reward, together with the proper expense of advertising the same, shall be payable pursuant the appropriation from the (Insular) National Treasury; but the provincial board of any province in which a reward is so offered may order payment to be made from the provincial funds, subject to reimbursement from the (Insular) National Treasury.

[2657–80; see Constitution of the Philippines, Article VII, section 11.]

SECTION 65. Power to appoint officials. – Except as otherwise specially provided, the power of appointment vested in the Governor-General shall be exercised by and with the consent of the Philippine Senate; but appointments made while the Senate is not in session shall be effective either until disapproval or until the next adjournment of the Senate. The Governor-General shall commission all officers appointed by him.

[Act of Congress of August 29, 1916, section 21.]

SECTION 66. Particular officers appointable by (Governor-General) President of the Philippines. – Except as otherwise specially provided, the Governor-General shall appoint all chiefs and assistant chiefs, in each Bureau, including the Philippine Health Service, the Philippine General Hospital, the Philippine Constabulary, and the Philippine Library and Museum.

The following officers shall also be appointed by the Governor-General:

The several Secretaries of Departments, with the exception of the Secretary of Public Instruction; the Under Secretaries of the several Secretaries of Department; judges and auxiliary judges of first instance, the assistant attorneys of the Bureau of Justice, the Chief and Assistant Chief of the General Land Registration Office, provincial treasurers, provincial fiscals, registers of deeds, justices of the peace, auxiliary justices of the peace, the assistant auditors in the Bureau of Audits, officers of the Philippine Health Service, the chief of the biological laboratory in the Bureau of Science, and the Secretary (now Assistant Director) of the Weather Bureau.

[2657–81.]

SECTION 67. Submission of data for appropriation bill. -[The Governor-General shall submit to the Philippine Legislature within ten days of the opening of each regular session a budget of receipts and expenditures, which shall be the basis of the annual appropriation bill.]

[Act of Congress of August 29, 1916, section 21.]

SECTION 68. General authority of (Governor-General) President of the Philippines to fix boundaries and make new subdivisions. – The (Governor-General) President of the Philippines may by executive order define the boundary, or boundaries, of any province, subprovince, municipality,[township] municipal district, or other political subdivision, and increase or diminish the territory comprised therein, may divide any province into one or more subprovinces, separate any political division other than a province, into such portions as may be required, merge any of such subdivisions or portions with another, name any new subdivision so created, and may change the seat of government within any subdivision to such place therein as the public welfare may require: Provided, That the authorization of the (Philippine Legislature) National Assembly of the Philippines shall first be obtained whenever the boundary of any province or subprovince is to be defined or any province is to be divided into one or more subprovinces. When any action by the (Governor-General) President of the Philippines in accordance herewith makes necessary a change of the territory under the jurisdiction of any administrative officer or any judicial officer, the (Governor-General) President of the Philippines, with the recommendation and advice of the head of the Department having executive control of such officer, shall redistrict the territory of the several officers affected and assign such officers to the new districts so formed.

Upon the changing of the limits of political divisions in pursuance of the foregoing authority, an equitable distribution of the funds and obligations of the divisions thereby affected shall be made in such manner as may be recommended by the (Insular Auditor) Auditor General and approved by the (Governor-General) President of the Philippines.

[2657–82; 2929–1.]

SECTION 69. Deportation of subject of foreign power. – A subject of a foreign power residing in the (Philippine Islands) Philippines shall not be deported, expelled, or excluded from said Islands or repatriated to his own country by the (Governor-General) President of the Philippines except upon prior investigation, conducted by said Executive or his authorized agent, of the ground upon which such action is contemplated. In such case the person concerned shall be informed of the charge or charges against him and he shall be allowed not less than three days for the preparation of his defense. He shall also have the right to be heard by himself or counsel, to produce witnesses in his own behalf, and to cross-examine the opposing witnesses.

[2657–83; see Ex. Or. No. 33 (1936) re Deportation Board.]

SECTION 70. Examination of books and accounts of Auditor and Treasurer. – The (Governor-General) President of the Philippines shall cause to be made, as often as by him deemed advisable, an examination of the books and accounts of the Auditor and Treasurer, and a comparison of the results shown by the same, and also an examination and count of moneys in the hands of the Treasurer, and shall submit his report thereon to the Secretary of War.

[2657–84.]

SECTION 71. Power of investigating officer to take testimony. – Any officer, committee, or person designated by the (Governor-General) President of the Philippines to conduct any investigation which may be lawfully prosecuted upon his order may, in the execution of such duty, summon witnesses, administer oaths, and take testimony relevant to the investigation in question.

[2657–85.]

SECTION 72. Authority of Army officer or officer of Philippine Scouts detailed at request of (Governor-General) President of the Philippines. – When detailed by the military authorities of the United States, upon the request of the (Governor-General) President of the Philippines, to guard civil prisoners, to aid the Director of Health of the (Philippine Islands) Philippines in the enforcement of sanitary regulations, municipal health ordinances, and health laws, or to aid other civil authorities in the maintenance of law and order and the enforcement of their authority, officers of the United States Army and officers of the Philippine Scouts in command of troops are vested, while in the performance of such duties, with the powers of peace officers; and, when detailed at the request of the (Governor-General) President of the Philippines, such officers, and soldiers and enlisted men under their command when acting under the orders of such officers, are authorized to apprehend escaping prisoners, to make arrests for the violation of any sanitary regulation, health ordinance, or health law, to make arrests for disturbance of the public peace, and, when requested to do so by the (Governor-General) President of the Philippines, to make arrests for the violation of any law and to bring the person or persons so arrested before the proper courts for trial.

[2657–86.]

SECTION 73. Concentration of inhabitants from outlying barrios. – In provinces which are infested to such an extent with ladrones or outlaws that the lives and property of residents in the outlying barrios are rendered wholly insecure by continued predatory raids and such outlying barrios thus furnish to the ladrones or outlaws their sources of food supply, and it is not possible with the available police forces constantly to provide protection to such barrios, it shall be within the power of the (Governor-General) President of the Philippines, subject to the approval of the Senate, to authorize the provincial governor to order that the residents of such outlying barrios be temporarily brought within stated proximity to the poblacion or larger barrios of the municipality, there to remain until the necessity for such order ceases to exist, and during such temporary residence it shall be the duty of the provincial board, out of provincial funds, to furnish such sustenance and shelter as may be needed to prevent suffering among the residents of the barrios thus withdrawn.

[2657–87.]

CHAPTER 5

Executive Departments

SECTION 74. Departmental organization. – All executive functions of the Philippine Government shall be directly under the Executive Department, subject to the supervision and control of the (Governor-General) President of the Philippines in matters of general policy. The Departments are established for the proper distribution of the work of the Executive, for the performance of the functions expressly assigned to them by law, and in order that each branch of the administration may have a chief responsible for its direction and policy. Each Department Secretary shall assume the burden and responsibility of all activities of the Government under his control and supervision.

For administrative purposes the (Governor-General) President of the Philippines shall be considered the Department Head of the (Bureau of Audits) General Auditing Office, the Bureau of Civil Service, and of all other offices and branches of the service not assigned by law to any Department.

[2657–100; 2666–1; Act of Congress of August 29, 1916, section 22; Act 2803, sec. 1.]

SECTION 75. Executive Departments. – There shall be seven executive departments, to wit: the Department of the Interior, the Department of Finance, the Department of Justice, the Department of Agriculture and Commerce, the Department of Public Works and Communications, the Department of Public Instruction, and the Department of Labor, which shall be under the direct control of the respective secretaries of department, exercising their functions subject to the general supervision and control of the (Governor-General) President of the Philippines.

[4007–2; 4121–1.]

SECTION 76. Secretaries of Departments. – The Department of the Interior shall perform its functions under the executive authority of the Secretary of the Interior; the Department of Finance shall perform its functions under the executive authority of the Secretary of Finance; the Department of Justice shall perform its functions under the executive authority of the Secretary of Justice; the Department of Agriculture and Commerce shall perform its functions under the executive authority of the Secretary of Agriculture and Commerce; the Department of Public Works and Communications shall perform its functions under the executive authority of the Secretary of Public Works and Communications; the Department of Public Instruction shall perform its functions under the executive authority of the Secretary of Public Instruction, and the Department of Labor shall perform its functions under the executive authority of the Secretary of Labor.

[2666–1; 4007–3; 4121–2.]

Re Secretary of National Defense and Secretary of Health and Welfare, see C.A. 430, approved May 31, 1939.

SECTION 77. Appointment of Secretaries. -[The position of Secretary of Public Instruction is held by the Vice-Governor.] The (other) secretaries of departments shall be appointed by the (Governor-General) President of the Philippines at the beginning of each (legislature) Assembly and shall hold office, unless sooner removed, until their successors shall have been appointed and qualified.

[2666–1.]

[The position of Secretary of Public Instruction is not now assigned by law to the Vice-President. However, the President may appoint the Vice-President as a member of his cabinet and also as head of an executive department. – See Constitution of the Philippines, Art. VII, sec. 12, subsec. (3); also sec. 11(3), Art. VII, of said Constitution.]

SECTION 78. Qualifications of Secretaries. – With the exception of the Secretary of Public Instruction, all Secretaries shall have the following qualifications: Be a citizen of the (Philippine Islands) Philippines and have resided in the (Islands) Philippines continuously during the three years next preceding his appointment and be not less than 30 years of age.

[2666–1.]

SECTION 79. Undersecretaries. – There shall be in each Department one or more Undersecretaries, as the appropriation acts may provide, who shall perform such duties as may be assigned to them by the Secretary of the Department and such as may be imposed upon them by law.

When a Department Secretary is unable to perform his duties owing to illness, absence, or other cause, or in case of a vacancy in the office, the respective Undersecretary, or the Undersecretary designated, as the case may be, shall temporarily perform the functions of said office.

In case neither the Secretary nor the Undersecretaries of a Department are able to perform their duties, owing to illness, absence, or any other cause, the (Governor-General) President of the Philippines may temporarily designate a Secretary or Undersecretary of another Department to perform such duties temporarily during the absence of the former.

[2803–2.]

SECTION 79 (A). Initiative of the Department Head. – Executive orders, regulations, decrees, and proclamations relative to matters under the supervision or jurisdiction of a Department, the promulgation whereof is expressly assigned by law to the (Governor-General) President of the Philippines, shall, as a general rule, be issued upon proposition and recommendation by the respective Department.

[2803–2.]

SECTION 79 (B). Power to regulate. – The Department Head shall have power to promulgate, whenever he may see fit to do so, all rules, regulations, orders, circulars, memorandums, and other instructions, not contrary to law, necessary to regulate the proper working and harmonious and efficient administration of each and all of the offices and dependencies of his Department, and for the strict enforcement and proper execution of the laws relative to matters under the jurisdiction of said Department; but none of said rules or orders shall prescribe penalties for the violation thereof, except as expressly authorized by law. All rules, regulations, orders, or instructions of a general and permanent character promulgated in conformity with this section shall be numbered by each Department consecutively each year, and shall be duly published.

Chiefs of Bureaus or offices may, however, be authorized to promulgate circulars of information or instructions for the government of the officers and employees in the interior administration of the business of each Bureau or office, and in such case said circulars shall not be required to be published.

[2803–2.]

SECTION 79 (C). Power of direction and supervision. – The Department Head shall have direct control, direction, and supervision over all bureaus and offices under his jurisdiction and may, any provision of existing law to the contrary notwithstanding, repeal or modify the decisions of the chief of said bureaus or offices when advisable in the public interest.

The Department Head may order the investigation of any act or conduct of any person in the service of any bureau or office under his department and in connection therewith may appoint a committee or designate an official or person who shall conduct such investigations, and such committee, official, or person may summon witnesses by subpoena and subpoena duces tecum, administer oath and take testimony relevant to the investigation.

[[2803–2; 3535–1.]

SECTION 79 (D). Power to appoint and remove. – The Department Head, upon the recommendation of the chief of the Bureau or office concerned, shall appoint all subordinate officers and employees whose appointment is not expressly vested by law in the (Governor-General) President of the Philippines, and may remove or punish them except as especially provided otherwise, in accordance with the Civil Service Law. Laborers receiving compensation at the rate of seven hundred and twenty pesos or less per annum, and other employees receiving compensation at the rate of two hundred pesos or less per annum, shall be appointed and removed by the chief of the Bureau or office, subject only to the general control of the Department Head.

The Department Head also may, from time to time, in the interest of the service, change the distribution among the several Bureaus and offices of his Department of the employees or subordinates authorized by law.

[2803–2.]

SECTION 79 (E). Leave of Secretaries and Undersecretaries. – The right of a Department Head to leave on account of illness or for any other cause shall not be restricted, provided his absence is not incompatible with the interests of the service, and the vacation and other leave of the Undersecretaries shall be regulated, in the discretion of the Department Head, either by the existing provisions governing the leaves of judges of Courts of First Instance, or otherwise.

[2803–2.]

SECTION 79 (F). Conveyances and contracts to which the Government is a party. – In cases in which the Government of the (Philippine Islands) Commonwealth of the Philippines is a party to any deed or other instrument conveying the title to real estate or to any other property the value of which is in excess of one hundred thousand pesos, the respective Department Secretary shall prepare the necessary papers which, together with the proper recommendations, shall be submitted to the (Philippine Legislature) National Assembly for approval by the same. Such deed, instrument, or contract shall be executed and signed by the (Governor-General) President of the Philippines on behalf of the Government of the (Philippine Islands) Philippines unless the authority therefor be expressly vested by law in another officer.

[2803–2.; see note under sec. 567, infra.]

SECTION 80. Appearance in (either House) National Assembly. – The Secretaries may be called, and shall be entitled to be heard by either of the two Houses of the Legislature, for the purpose of reporting on matters pertaining to their Departments, unless the public interest shall require otherwise and the Governor-General shall so state in writing.

[2666–2.]

SECTION 81. Bureaus and offices under the Department of Finance. – The Department of Finance shall have the executive supervision over the Bureau of Customs, the Bureau of Internal Revenue, the Bureau of the Treasury, the Bureau of Banking, the Bureau of Printing, the Division of Purchase and Supply, the Manila Harbor Board, and the Tobacco Board. It shall also have the general supervision over banks, banking transactions, coinage, currency, and except as otherwise specially provided, over all funds the investment of which may be authorized by law.

[2666–3; 4007–4.]

NOTE. – By the provision of Commonwealth Act No. 78 (approved October 26, 1936), the powers and supervision heretofore exercised by the Secretary of the Interior over the financial affairs and financial agencies of provincial, municipal and city governments were transferred to the Secretary of Finance.

SECTION 82. Bureaus and offices under the Department of Public Instruction. – The Department of Public Instruction shall have the executive supervision over the Bureau of Education, the Bureau of Health, the Bureau of Public Welfare, the Philippine General Hospital, the Bureau of Quarantine Service, and the Office of the National Physical Director.

[2666–4; 4007–5; see Act 4007, sec. 17; C.A. 180 (approved November 13, 1936), re Office of Private Education; C.A. No. 80 (approved October 26, 1936), re Office of Adult Education; and C.A. No. 367 (approved August 23, 1938), re National Library.]

SECTION 83. Bureaus and offices under the Department of Justice. – The Department of Justice shall have the executive supervision over the Bureau of Justice, the Courts of First Instance and inferior courts; the Public Service Commission, the Bureau of Prisons, and the General Land Registration Office. It shall also have the general supervision and control of the provincial sheriffs, the provincial fiscals, and all other law officers of the Government.

The Secretary of Justice shall be the attorney-general and legal adviser of the Government and ex officio legal adviser of all government-owned and controlled business enterprises. As such, he may assign to the law officers of the said business enterprises such other duties as he may see fit, in addition to their regular duties. When thereunto requested in writing, the Secretary of Justice shall give advice, in the form of written opinions, to any of the following functionaries, upon any question of law relative to the powers and duties of themselves or subordinates, or relative to the interpretation of any law or laws affecting their offices or functions, to wit: the (Governor-General) President of the Philippines, (the President of the Philippine Senate), the Speaker of the (House of Representatives) National Assembly, the respective Heads of the Executive Departments, the chiefs of the organized bureaus and offices, the trustee of any government institution, and any provincial fiscal.

[2666–5; 3519–1; 4007–6.]

SECTION 84. Bureaus and offices under the Department of Agriculture and Commerce. – The Department of Agriculture and Commerce shall have the executive supervision over the Bureau of Plant Industry, the Bureau of Animal Industry, the Bureau of Forestry, the Bureau of Lands, the Bureau of Science, the Bureau of Commerce, the Weather Bureau, matters pertaining to colonies and plantations on public lands, and matters concerning hunting, fisheries, sponges, and other sea products, including the issuance of licenses therefor.

[2666–6; 4007–7.]

[By the provision of Commonwealth Act No. 136 (approved November 7, 1936), the Bureau of Mines was created under the Department of Agriculture and Commerce.]

SECTION 85. Bureaus and offices under the Department of Public Works and Communications. – The Department of Public Works and Communications shall have the executive supervision over the Bureau of Public Works, the Bureau of Posts, the Metropolitan Water District, the Bureau of Coast and Geodetic Survey, the (Division) Bureau of Aeronautics, and the Division of Marine Railway and Repair Shops.

[2666–7; 4007–8.]

SECTION 86. Bureaus and offices under the Department of the Interior. – The Department of the Interior shall have executive supervision over the administration of provinces, municipalities, chartered cities and other local political subdivisions,[the Bureau of Non-Christian Tribes], the Philippine Constabulary, and the Board of Censorship for Moving Pictures. It shall also have the general supervision over matters pertaining to marriage and the registration of priests and ministers.

[2666–8; 4007–9; 4121–3.]

NOTE – Act 4121, as amended by C.A. 139, creating the Department of Labor, provides as follows:

“SEC. 4. Bureaus and offices under the Department of Labor. – The Department of Labor shall have executive supervision over the Bureau of Labor, the Office of the Inspector General of Labor, and all bureaus, divisions and offices hereafter created concerning labor alone or labor in its relation with capital, and also the proper enforcement of all laws relative to labor and capital in the Philippines and over all other matters related with the welfare of the Filipino laborers in this country and abroad. It shall also have executive supervision over matters concerning the administration of existing Philippine Immigration Laws.

“SEC. 5. Section thirty-four (a) of Act Numbered Four thousand and seven is hereby amended to read as follows:

“‘SEC. 34. (a) There shall be in the Office of the Secretary of Labor an Undersecretary of Department who shall perform such duties as the Department head may assign to him and as may be imposed upon him by law.'”

SECTION 87. Assignment of offices. – The various Departments, Bureaus, Offices, and branches of the (Insular) national service shall, for the purpose of conducting their work, have such quarters and offices as may be respectively assigned them by the Director of Public Works with the approval of the (Governor-General) President of the Philippines, or as may otherwise be by law especially determined.

[2657–102.]

SECTION 88. Department Head for legislative employees. -[The President of the Senate shall be deemed to be the Department Head of the permanent force of employees of the Senate and of the Senate committees acting during recesses.] The Speaker shall have the same relation to employees of the (House of Representatives) National Assembly and its committees.

[2657–103; see Art. VI, sec. 1, Constitution of the Philippines, re legislative department.]

SECTION 89. Department Head for Supreme Court. – The function of Department Head for the Supreme Court and its subordinates shall be exercised by its Chief Justice, or, in case of his death, absence, or disability, by the Associate Justice on duty who holds the senior commission.

[2657–104.]

SECTION 90. Submission of estimates for Appropriation Bill. – The head of each Department shall prepare and submit to the (Governor-General) President of the Philippines, at least ten days before each regular session of the (Philippine Legislature) National Assembly, an estimate of the necessary expenditures for such Department during the next fiscal year, on the basis of the data contained in the reports and estimates submitted by the chiefs of Bureaus and Offices under him.

[All the functions of the different departments, bureaus, and dependencies of the Government dealing with their accounting work were transferred to the Budget Commission as created by Ex. Or. No. 25, 1936.]

SECTION 91. Reports of Secretaries of Departments. – The several Secretaries of Departments shall submit annual reports to the (Governor-General) President of the Philippines not later than the end of February of each year for the preceding fiscal year, unless the (Governor-General) President of the Philippines shall otherwise direct. Such reports shall be printed in English and Spanish and shall be distributed in such manner as the (Governor-General) President of the Philippines shall prescribe.

[2657–105.]

[Commonwealth Act No. 373 (approved August 23, 1938) changed fiscal year beginning January 1st to December 31st to July 1st of each calendar year to June 30th of the following year.]

TITLE III

Legislative Power

CHAPTER 6

[Philippine Legislature] National Assembly

ARTICLE I

Constitution and powers of[Legislature] National Assembly

SECTION 92.[Philippine Legislature] National Assembly. – Conformably with the laws of the United States, general legislative power over the entire Philippine Archipelago is vested in the[Philippine Legislature, consisting of two Houses, which are separate coordinate bodies, to wit, the Senate and the House of Representatives] National Assembly.

[The Legislature has the authority, each House voting separately, to elect two Resident Commissioners to the United States.]

[Act of Congress of August 29, 1916, section 12.]

[This section has been superseded by section 1, Article VI, Constitution of the Philippines, which provides that the Legislative power shall be vested in a National Assembly.]

SECTION 93. Privilege of members from arrest. – Members of the Philippine Legislature, in all cases except treason, open disturbance of public order, or other offense punishable by death or imprisonment for not less than six years, shall be privileged from arrest during their attendance at the session of the Legislature, and in going to and in returning from the same; and for any speech or debate in either House they shall not be questioned in any other place.

[2657–111.]

SECTION 94. Convening of[Legislature] National Assembly and duration of sessions. -[The Legislature shall convene in regular session on the sixteenth day of October of every year, or if the sixteenth be a holiday, then on the first subsequent secular day, and may continue in session not longer than one hundred days, exclusive of Sundays.

The Legislature may be called in special session at any time by the Governor-General for general legislation, or for action on such specific subjects as he may designate. No special session shall continue longer than thirty days.]

[2657–772; Act of Congress of August 29, 1916, section 18.]

SECTION 95. Election returns – Rules. -[The Senate and House of Representatives, respectively, shall be the sole judges of the elections, returns, and qualifications of their elective members, and each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel an elective member.]

[Act of Congress of August 29, 1916, section 18.]

SECTION 96. Organization and quorum. – Upon convening in the first session following the general election, the House of the Legislature shall organize by the election of a Speaker or a presiding officer, a clerk, and a sergeant-at-arms for each House, and such other officers and assistants as may be required. A majority of each house shall constitute a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members.

[Act of Congress of August 29, 1916, section 18.]

SECTION 97. Journal. -[Each house of the Legislature shall keep a journal of its proceedings and, from time to time, publish the same; and the yeas and nays of the members of either house, on any question, shall, upon demand of one-fifth of those present, be entered on the journal.]

[Act of Congress of August 29, 1916, section 19.]

SECTION 98. Mode of designating different sessions. – The session of the First Philippine Legislature which convened on the sixteenth of October, nineteen hundred and seven, is denominated “inaugural session,” and the succeeding session of the same Legislature which convened on the third of February, nineteen hundred and eight, is denominated “first session.” The different regular sessions of other Legislatures are numbered according to their sequence as first, second, or third, as the case may be.

A special session is denominated “special session”; or if there is more than one during the same Legislature, those subsequent to the first are denominated, according to their sequence, “second special session,” “third special session,” and so on.

[2657–114.]

SECTION 99. Adjournment of one House limited to three days. – When the Legislature is convened in lawful session, neither House shall adjourn without the consent of the other, for more than three days, exclusive of Sundays and holidays; and in case of disagreement between them with respect to the period of adjournment, the Governor-General may adjourn them to such time as he shall deem proper.

[2657–115.]

SECTION 100. Assistance of Government officers and other experts. – (Either House of the Philippine Legislature) The National Assembly may of itself, or through its (President or) Speaker, require the assistance of any officer of the Government for purposes of inquiry, investigation, or for any other purpose which the said (President or) Speaker may consider related to the duties intrusted to the body over which he presides.

(Either House) The National Assembly, or the (President) Speaker thereof, may designate temporarily or otherwise, and at such expense as may be agreed upon, any person or persons not in the Government service, whose expert knowledge may be considered necessary or useful. Expenses incurred under the provisions of this section shall be paid out of any funds available for the payment of the expenses of the (House concerned) National Assembly.

[2657–116.]

SECTION 101. Power of (chairmen) chairman of Appropriation (Committees) Committee to require information from Government officers. – The chairman of the Committee on Appropriations of (either House of the Philippine Legislature) the National Assembly may require the attendance of chiefs and assistant chiefs of Bureaus and Offices and any other officers or employees, and the submission by them of such documents and information as may be necessary for the guidance of such committee in the performance of its duties.

[2657–117.]

NOTE. – See paragraph 7 of Ex. Or. No. 25, 1936, issued pursuant to C.A. 5 (An Act giving the President for a limited period authority to effect urgent reforms and changes in the different executive departments, bureaus and offices of the government for purposes of economy and efficiency, creating a Government Survey Board and appropriating the necessary funds therefore and for other purposes, December 31, 1935).

SECTION 102.[Contempt of legislative body or committee].

[2657–118; 2949–1.]

SECTION 103. Special election for member of (Legislature) National Assembly. -[Upon the failure to elect a member of either House of the Philippine Legislature at any election where the office should be filled, or whenever a vacancy shall occur therein, the Governor-General shall make proclamation of a special election to fill the same for the unexpired term, specifying the district in which the election is to be held, and the date thereof, which shall not be less than twenty nor more than ninety days from the date of proclamation; but no such election shall be called unless the vacancy in question shall occur on or before the first day of February of the last year of the term of office or unless occurring thereafter and a special session of the Legislature be called to meet before the time for the convening of the next regular session.]

[2657–140.]

SECTION 104. Ineligibility of member of[Legislature] National Assembly to other Office. -[No senator or representative shall during the time for which he may have been elected, be eligible to any office the election to which is vested in the Legislature nor shall be appointed to any office of trust or profit which shall have been created or the emoluments of which shall have been increased during such term.]

[Act of Congress of August 29, 1916, section 18.]

SECTION 105. Approval of laws by[Governor-General] President of the Philippines – Procedure in case of veto. -[Every bill and joint resolution which shall have passed both houses shall, before it becomes a law, be presented to the Governor-General. If he approves the same, he shall sign it; but if not, he shall return it with his objections to that house in which it shall have originated, which shall enter the objections at large on its journal and proceed to reconsider it. If, after such reconsideration, two-thirds of the members elected to that house shall agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of all the members elected to that house it shall be sent to the Governor-General, who may either then approve the same or transmit it to the President of the United States for action thereon conformably to the provisions of section nineteen of the Act of Congress of August the twenty-ninth, nineteen hundred and sixteen.

The vote of each house upon bills and resolutions vetoed by the Governor-General shall be by the yeas and nays, and the names of the members voting for and against shall be entered on the journal.

If any bill or joint resolution shall not be returned by the Governor-General as herein provided within twenty days (Sundays excepted) after it shall have been presented to him the same shall become a law in like manner as if he had signed it, unless the Legislature by adjournment prevent its return, in which case it shall become a law unless vetoed by the Governor-General within thirty days after adjournment.]

[Act of Congress of August 29, 1916, section 19.]

SECTION 106. Veto of item in appropriation bill. -[The Governor-General shall have the power to veto any particular item or items of an appropriation bill, but the veto shall not affect the item or items to which he does not object. The item or items objected to shall not take effect except in the manner provided as to bills and joint resolutions returned to the Legislature without his approval.]

[Act of Congress of August 29, 1916, section 19.]

ARTICLE II

Resident Commissioner(s)

SECTION 107. Election of Resident Commissioner(s) to United States. -[Two Resident Commissioners to the United States shall be chosen by the Philippine Legislature, by separate vote of each House, at the regular annual session which follows next after the triennial general election. Such commissioners hold office for three years beginning on the fourth of March next after election.]

[2657–120.]

[No person is eligible to election as Resident Commissioner who is not a bona fide elector of the Philippine Islands and who does not owe allegiance to the United States and who is not more than thirty years of age and who does not read and write the English language.]

[In case of vacancy in the position of Resident Commissioner caused by resignation or otherwise, the Governor-General may make temporary appointments until the next meeting of the Philippine Legislature, which shall then fill such vacancy; but the Resident Commissioner thus elected shall hold office only for the unexpired portion of the term wherein the vacancy occurred.]

[Act of Congress of August 29, 1916, section 20.]

SECTION 108. Duties of secretary of Resident Commissioner. – Each of the Resident Commissioners may appoint a private secretary, who shall not be deemed to be in the Philippine civil service, and who, in addition to his duties as such secretary may be required to act as interpreter and translator; when necessary.

[2657–140.]

SECTION 109. Method of choosing Resident Commissioners. -[For the purpose of determining the two persons to be voted for by the Legislature as Resident Commissioners to the United States, each House, assembled as a committee of the whole, shall designate by a majority vote one resident of the Philippine Islands to be voted for as such Commissioner; and each House shall communicate to the other the result of its action. When both Houses thus name the same person such individual shall be one of the two nominees to be voted for as Commissioner, and the second person to be so voted for shall be nominated in the same manner. In case of disagreement between the two Houses as regards any nominee a new nomination shall be made until both Houses agree upon the same individual. When the two persons to be voted for have been thus nominated there shall be a concurrent election of such two individuals by both Houses acting at the same time but by separate votes. If both persons previously nominated should not be elected the election shall be void, and a new election shall be made of two persons nominated by both Houses.]

[2657–122.]

CHAPTER 7

Philippine Senate

SECTION 110.[Senate as branch of Legislature. – The Senate constitutes the upper house of the Philippine Legislature, and as such it participates with the House of Representatives in the exercise of legislative authority over the Philippine Islands.]

[2657–125; Act of Congress of August 29, 1916, section 12.]

SECTION 111.[Membership of Senate.  – The Senate has twenty-four members, consisting of two Senators from each of the twelve senatorial districts specified in the next succeeding section hereof. The Senators from those districts which are numbered consecutively from one to eleven, inclusive, shall be elected by the qualified voters of their respective districts, in such sequence that one Senator shall be elected from each district at each triennial general election, to hold office for a term of six years from the date of his election.

As senators for the Twelfth senatorial district the Governor-General shall appoint, without the consent of the Senate and without restriction as to residence, two members who will in his opinion best represent said district, and who shall hold office until removed by the Governor-General.

A Senator elected at a special election shall hold office only for the unexpired portion of the term wherein the vacancy occurred.]

[Act of Congress of August 29, 1916, sections 13, 15.]

SECTION 112.[Senatorial districts. – The twelve senatorial districts into which the Philippine Islands are divided are these:

First district: Abra, Batanes, Cagayan, Isabela, Ilocos Norte, and Ilocos Sur.

Second district: La Union, Pangasinan, and Zambales.

Third district: Tarlac, Nueva Ecija, Pampanga, and Bulacan.

Fourth district: Bataan, Rizal, Manila, and Laguna.

Fifth district: Batangas, Mindoro, Tayabas, and Cavite.

Sixth district: Sorsogon, Albay, Camarines Norte, and Camarines Sur.

Seventh district: Iloilo and Capiz.

Eighth district: Occidental Negros, Oriental Negros, Antique, and Palawan.

Ninth district : Leyte and Samar.

Tenth district : Cebu.

Eleventh district : Surigao, Misamis, and Bohol.

Twelfth district: The Mountain Province, Baguio, Nueva Vizcaya, and the Provinces of Agusan, Bukidnon, Cotabato, Davao, Lanao, Sulu, and Zamboanga.]

[Act of Congress, of August 29, 1916; section 16; Act 2878–1]

SECTION 113.[Qualifications of elective members. – No person shall be an elective member of the Senate who is not a qualified elector and over thirty years of age, and who is not able to read and write either the Spanish or English language, and who has not been a resident of the Philippines for at least two consecutive years and an actual resident of the senatorial district from which chosen for a period of at least one year immediately prior to his election.]

[Act of Congress of August 29, 1916, section 13.]

SECTION 114.[Duties of Secretary of Senate.  – The Secretary of the Senate in addition to the proper duties incident to his office as such, shall render service to Senate committees acting during adjournments, and shall perform such other duties as may be required of him by the President of the Senate.

Upon the occurrence of a vacancy in the office of the Secretary during a recess of the Legislature, the President of the Senate may fill the place by appointment until a successor shall have been duly elected.]

CHAPTER 8

[House of Representatives] National Assembly

ARTICLE I

Constitution and Organization of (House of Representatives) National Assembly

SECTION 115. House of Representatives as branch of Legislature. -[The House of Representatives constitutes the lower house of the Philippine Legislature, and as such it participates with the Senate in the exercise of legislative authority for the Philippine Islands.]

[2657–135.]

SECTION 116. Membership of (House) National Assembly. – The (House of Representatives) National Assembly has (ninety-four) ninety-eight members, consisting of one (Representative) Member from each province or representative, district hereinafter specified and apportioned as follows:

Abra, one; Agusan, one; Albay, four; Antique, one; Bataan one; Batanes, one; Batangas, three; Bohol, three; Bukidnon, one; Bulacan, two; Cagayan, two; Camarines Norte one; Camarines Sur, two; Capiz, three; Cavite, one; Cebu, seven; Cotabato, one; Davao, one; Ilocos Norte, two; Ilocos Sur, two; Iloilo, five; Isabela, one; Laguna, two; Lanao, one; La Union, two; Leyte, five; Manila, two; Marinduque, one; Masbate, one; Mindoro, one; Oriental Misamis, one; Occidental Misamis, one; Mountain Province, three; Nueva Ecija, two; Nueva Vizcaya, one; Occidental Negros, three; Oriental Negros, two; Palawan, one; Pampanga, two; Pangasinan, five; Rizal, two; Romblon, one; Samar, three; Sorsogon, two; Sulu, one; Surigao, one; Tarlac, two; Tayabas, two; Zambales, one; and Zamboanga, one.

[2657–136; 2724–1 (Ex. Or. No. 5, s. 1918) and 4; 2809–1 (Ex. Or. No. 22, s. 1920) and 4; 2878–1, 6; and 2934–1 (Ex. Or. No. 3, s. 1921) and 4; 3336–1; 3537–6; 3617–1; 3788–1.]

SECTION 117. Limitation upon number of members. – The total number of members in the (House of Representatives) National Assembly shall at no time exceed one (hundred) hundred and twenty.

[2657–137.]

SECTION 118. Representative districts. – Each province which is entitled to only one representative shall constitute a single representative district. A province which is entitled to more than one (representative) Member shall be divided into as many districts as there are (representatives) Members to be chosen for it.

So far as practicable each district shall be composed of contiguous and compact territory; and all shall contain, as near as may be, an equal number of inhabitants.

[2657–137, 144.]

SECTION 119. Election[and appointment] of members of (House) National Assembly. – Except as hereinbelow provided, the members of the (House of Representatives) National Assembly shall be elected by the qualified voters of their respective districts, at the general triennial election, to hold office for the term of three years from the date of their election.

[The representatives for the Mountain Province, the Province of Nueva Vizcaya, and the Department of Mindanao and Sulu shall be appointed by the Governor-General without the consent of the Senate, and without restriction as to residence, and shall hold office until removed by the Governor-General.]

[Act of Congress of August 29, 1916, sections 14 and 16; Act No. 4203–7.]

SECTION 120. Qualifications for member of (House) National Assembly. -[No person shall be an elective member of the House of Representatives who is not a qualified elector and over twenty-five years of age, and who is not able to read and write either the Spanish or English language, and who has not been an actual resident of the district from which elected for at least one year immediately prior to his election.]

[Act of Congress of August 29, 1916, section 14.]

SECTION 121. Duties of Secretary of (House) National Assembly. – The Secretary of the (House) National Assembly, in addition to the proper duties incident to his office as such, shall render service to (House) National Assembly committees acting during adjournments, and shall perform such other duties as may be required of him by the Speaker.

Upon the occurrence of a vacancy in the office of Secretary during a recess of the (Legislature) National Assembly, the Speaker may fill the place by appointment until a successor shall have been duly elected.

[2657–142.]

SECTION 122. Sessions of (House) National Assembly committee, acting during legislative recesses. – When a (House) National Assembly committee is authorized by statute or by resolution or (by joint) order of (the President of the Senate and) the Speaker of the (House) National Assembly to sit while the (Legislature) National Assembly is not in session, the services of the same being required by the Speaker, the Speaker shall fix the minimum hours of session or of work for such committee, or of any member thereof, and shall have authority to regulate the manner in which the duties of the same shall be performed.

[2657–143.]

ARTICLE II

Representative Districts

SECTION 123. Representative districts in certain provinces. – The provinces entitled to elect more than one (Representative) Member are divided into representative districts as follows, each of which districts shall elect one (Representative) Member, thus constituting the full complement of the representation of such province:

Albay: First district – Composed of the municipalities of Bacacay, Malilipot, Tabaco, Malinao, Tiwi; and Libog; the Second District shall be composed of the municipalities of Camalig, Daraga, Legaspi, Manito, and Rapu-rapu; the Third District shall be composed of the municipalities of Guinobatan, Ligao, Oas, Polangui, Libon, and Jovellar; and to the Fourth District shall belong the municipalities of Virac, Bato, Baras, Viga, Panganiban, Pandan, and Calolbon.

[3617–1.]

Batangas: First district – Composed of the municipalities of Balayan, Calaca, Calatagan, Lemery, Lian, Nasugbu, San Luis, Taal, and Tuy. Second district – Composed of the municipalities of Alitagtag, Batangas, Bauan,[Bolbok] Cuenca, Ibaan, Lobo, Mabini, San Juan, and Taysan. Third district – Composed of the municipalities of Lipa, Malvar, Mataasnakahoy, Rosario, San Jose, Santo Tomas, Talisay, and Tanauan.

[3378–1.]

Bohol: First district – Composed of the municipalities of Antequera, Baclayon, Calape, Corella, Cortes, Dauis, Loon, Maribojoc, Panglao, and Tagbilaran. Second district – Composed of the municipalities of Alburquerque, Balilihan; Batuan, Bilar, Carmen, Clarin, Dimao, Inabanga, Lila, Loay, Loboc, Sevilla, Sikatuna, and Tubigon. Third district – Composed of the municipalities of Anda, Candijay, Duero, Garcia-Hernandez, Guindulman, Jagna, Jetafe, Mabini, Sierra-Bullones, Talibon, Ubay, and Valencia.

Bulacan: First district – Composed of the municipalities of Bigaa, Bocaue, Bulacan, Calumpit, Guiguinto, Hagonoy, Malolos, Paombong, Plaridel,[Quingua] and Pulilan. Second district – Composed of the municipalities of Angat, Baliuag, Bustos, Marilao, Meycauayan, Norzagaray, Obando, Polo, San Ildefonso, San Jose del Monte, San Miguel, San Rafael, and Santa Maria.

Cagayan: First district – Composed of the municipalities of Alcala, Amulung, Aparri, Baggao, Buguey, Calayan, Camalaniugan, Gattaran, Gonzaga, Iguig, Lal-lo, Peñablanca; and Tuguegarao. Second district – Composed of the municipalities of Abulug, Ballesteros, Claveria, Enrile, Faire, Pamplona, Piat, Rizal, Sanchez-Mira, Solana, and Tuao; and the municipal districts of Allacapan and Langangan.

[3032–1.]

Camarines Sur: First district – Composed of the municipalities of Cabusao, Canaman, Calabanga, Camaligan, Del Gallego, Gainza, Libmanan, Lupi, Magarao, Milaor, Minalabac, Naga, Pamplona, Pasacao, Ragay, San Fernando, and Sipocot. Second district – Composed of the municipalities of Baao, Buhi, Bula, Bato, Caramoan, Goa, Iriga, Lagonoy, Nabua, Pili, Sagnay; San Jose, Siruma, Tigaon, and Tinambac.

[2809–1, 5.]

Capiz: First district – Composed of the municipalities of Capiz, Cuartero, Dao, Dumarao, Iuisan, Panay, Panitan, Pilar, and Pontevedra. Second district – Composed of the municipalities of Altavas, Balete, Banga, Batan, Dumalag, Jamindan, Mambusao, New Washington, Sapian, Sigma, and Tapas. Third district – Composed of the municipalities of Buruanga, Ibajay, Kalibo,[Lezo,] Libacao, Makato, Malinao, Nabas, and Numancia.

[2724–5.]

Cebu: First district – Composed of the municipalities of Bogo, Borbon, Carmen, Catmon, Danao, Pilar, Poro, San Francisco, Sogod, Tabogon, and Tudela. Second district – Composed of the City of Cebu and the municipalities of Compostela, Consolacion, Cordova, Liloan, Mandaue, and Opon. Third district – Composed of the municipalities of Carcar, Minglanilla, Naga, San Fernando, and Talisay. Fourth district – Composed of the municipalities of Alcoy, Argao, Dalaguete, and Sibonga. Fifth district – Composed of the municipalities of Alcantara, Alegria, Badian, Boljoon, Ginatilan, Malabuyoc, Moalboal, Oslob, Samboan, and Santander. Sixth district – Composed of the municipalities of Aloguinsan, Barili, Dumanjug, Pinamungajan, Ronda, and Toledo. Seventh district – Composed of the municipalities of Asturias, Balamban, Bantayan, Daanbantayan, Madridejos, Medellin, San Remigio, Santa Fe, and Tuburan.

Ilocos Norte: First district – Composed of the municipalities of Bacarra, Bangui, Burgos, Laoag, Pasuquin, Piddig, Sarrat, and Vintar. Second district – Composed of the municipalities of Badoc, Banna, Batac, Currimao, Dingras, Nueva Era, Paoay, Pinili, San Nicolas, and Solsona.

Ilocos Sur: First district – Composed of the municipalities of Bantay, Cabugao, Caoayan, Lapog, Magsingal, Santa Catalina, Santo Domingo, San Ildefonso, San Vicente, Sinait and Vigan. Second district – Composed of the municipalities of Banayoyo, Bauguen, Burgos, Candon, Cervantes, Galimuyod, Lidlidda, Nagbukel, Narvacan, San Esteban, Santa, Santa Cruz, Santa Lucia, Santa Maria, Santiago, and Tagudin; and the municipal districts of Alilem, Angaki, Concepcion, San Emilio, Sigay, Sugpon, and Suyo.

Iloilo: First district – Composed of the municipalities of Guimbal, Igbarras, Miagao, Oton, San Joaquin, Tigbauan, and Tubungan.  Second district – Composed of the City of Iloilo, and the municipalities of[Arevalo] Buenavista, Jaro, Jordan, Leganes, and Pavia. Third district – Composed of the municipalities of Alimodian, Cabatuan, Janiuay, Leon, Maasin, San Miguel, and Santa Barbara. Fourth district – Composed of the municipalities of Barotac Nuevo, Calinog, Dingle, Dumangas, Lambunao, and Pototan. Fifth district – Composed of the municipalities of Ajuy, Anilao, Balasan, Banate, Barotac Viejo, Carles, Concepcion, Dueñas, Estancia, Passi, San Dionisio, and Sara.

Laguna: First district – Composed of the municipalities of Alaminos, Bay, Biñan, Cabuyao, Calamba, Calauan, Los Baños, Pila, San Pablo, San Pedro, and Santa Rosa. Second district – Composed of the municipalities of Cavinti, Famy, Lilio, Longos, Luisiana, Lumban, Mabitac, Magdalena, Majayjay, Nagcarlan, Paete, Pagsanjan, Pakil, Pangil, Rizal, Santa Cruz, Santa Maria, and Siniloan.

La Union: First district – Composed of the municipalities of Bacnotan, Balaoan, Bangar, Luna, San Fernando, and San Juan; and the municipal districts of Sudipen, Santol, and San Gabriel. Second district – Composed of the municipalities of Agoo, Aringay, Bauang, Caba, Naguilian, Rosario, Santo Tomas, and Tubao; and the municipal districts of Bagulin, Burgos, and Pugo.

Leyte: First districts – Composed of the municipalities of Biliran, Caibiran, Calubian, Kawayan, Leyte, Maripipi, Merida, Naval, Palompon, San Isidro, and Villaba. Second district – Composed of the municipalities of Ormoc, Albuera, Bato, Baybay, Hilongos, Hindang, Inopacan, and Matalom. Third district – Composed of the municipalities of Anahawan, Cabalian, Hinunangan, Hinundayan, Libagon; Liloan, Maasin, Macrohon, Malitbog, Pintuyan, and Sogod. Fourth district – Composed of the municipalities of Abuyog, Babatngon, Dulag, Palo, San Miguel, Tacloban, Tanauan, and Tolosa. Fifth district – Composed of the municipalities of Alangalang, Barugo, Burauen, Capoocan, Carigara, Dagami, Jaro, La Paz, and Pastrana.

[3788–1.]

Manila: First district – Composed of the districts of Binondo, Intramuros, San Nicolas, and Tondo. Second district – Composed of the districts of Ermita, Malate, Paco, Pandacan, Quiapo, Sampaloc, San Miguel, Santa Ana, and Santa Cruz.

Nueva Ecija: First district – Composed of the municipalities of Nampicuan, Cuyapo, Guimba, Muñoz, Lupao, Talavera, Santo Domingo, Licab, Quezon, Aliaga, Zaragoza, Jaen, and San Antonio. Second district – Composed of the municipalities of Caranglan, Pantabangan, Rizal, Bongabon, Laur, Cabanatuan, Santa Rosa, San Leonardo, Gapan, Peñaranda, Papaya, San Isidro, Cabiao, and San Jose.

[3336–2.]

Occidental Negros: First district – Composed of the municipalities of Cadiz, Calatrava, Escalante, Manapla, Sagay, San Carlos, Saravia, Silay, and Victorias. Second district – Composed of the City of Bacolod, and the municipalities of Bago, La Carlota, Murcia, Pulupandan, San Enrique, Talisay, and Valladolid. Third district – Composed of the municipalities of Binalbagan, Cauayan, Himamaylan, Hinigaran, Ilog, Isabela, Kabankalan, La Castellana, and Pontevedra.

Oriental Negros: First district – Composed of the municipalities of Ayuquitan, Ayungon, Bais, Dumaguete, Gihulngan, Jimalalud, La Libertad, Manjuyod, Sibulan, Tanjay, Tayasan, and Vallehermoso. Second district – Composed of the municipalities of Bacong, Dauin, Enrique Villanueva, Larena, Lazi, Luzuriaga, Maria, San Juan, Siaton, Siquijor,[Talingting], Tolong, and Zamboanguita.

Pampanga: First district – Composed of the municipalities of Angeles, Bacolor, Floridablanca, Guagua, Lubao, Macabebe, Masantol, Porac, Santa Rita, and Sexmoan. Second district – Composed of the municipalities of Apalit, Arayat, Candaba, Mabalacat, Magalan, Mexico, Minalin, San Fernando, San Luis, San Simon, and Santa Ana.

Pangasinan: First district – Composed of the municipalities of Agno, Aguilar, Alaminos, Anda,[Balincaguin,] Bani, Bolinao, Bugallon, Burgos, Dasol, Infanta, Labrador, Lingayen, Mabini,[Salasa,] and Sual. Second district – Composed of the municipalities of Binmaley, Dagupan, Mangatarem, San Carlos, and Urbiztondo. Third district – Composed of the municipalities of Bayambang, Calasiao, Malasiqui, Mangaldan, Mapandan, San Fabian, San Jacinto, and Santa Barbara. Fourth district – Composed of the municipalities of Alcala, Bautista, Binalonan, Manaoag, Pozorrubio, Santo Tomas, Sison, Urdaneta, and Villasis. Fifth district – Composed of the municipalities of Asingan, Balungao, Natividad, Rosales, San Manuel, San Nicolas, San Quintin, Santa Maria, Tayug, and Umingan.

Rizal: First district – Composed of the municipalities of Caloocan, Las Piñas, Makati, Malabon, Mandaluyong, Muntinglupa, Navotas, Parañaque, Pasay, Pateros,[San Felipe Neri] San Juan del Monte, and Tagig. Second district – Composed of the municipalities of Angono, Antipolo, Baras, Binangonan, Cainta, Cardona, Jalajala, Mariquina, Montalban, Morong, Pasig, Pililla, San Mateo, Tanay, Taytay; and Teresa.

Samar: First district – Composed of the municipalities of Allen, Bobon, Calbayog, Capul, Catarman, Catubig, Laoang, Lavezares, Mondragon, Oquendo, Palapag, Pambujan, San Antonio, Santa Margarita, and Tinambacan. Second district – Composed of the municipalities of Almagro, Basey, Calbiga, Catbalogan, Gandara, Santa Rita, Santo Niño, Tarangan, Villareal, Wright, and Zumarraga. Third district – Composed of the municipalities of Balangiga, Borongan, Dolores, Guiuan, Hernani, Llorente, Oras, Salcedo, San Julian, Sulat, and Taft.

Sorsogon: First district – Composed of the municipalities of Prieto Diaz, Gubat, Barcelona, Bulusan, Irosin, Mat-nog, Santa Magdalena, and Bulan. Second district – Composed of the municipalities of Bacon, Sorsogon, Casiguran, Juban, Magallanes, Castilla, Pilar, and Donsol.

[2934–5.]

Tarlac: First district – Composed of the municipalities of Anao, Camiling, Gerona, Mayantoc, Moncada, Paniqui, Pura, Ramos, San Clemente, San Manuel, and Santa Ignacia. Second district – Composed of the municipalities of Bamban, Capas, Concepcion, La Paz, Tarlac, and Victoria.

Tayabas: First district – Composed of the municipalities of Baler, Candelaria, Casiguran, Dolores, Infanta, Lucena, Lukban, Mauban, Pagbilao, Polillo, Sampaloc, Sariaya, Tayabas, and Tiaong. Second district – Composed of the municipalities of Agdangan, Alabat, Atimonan, Bondo, Calauag, Catanawan, General Luna, Guinayangan, Gumaca, (Laguingmanok) Lopez, Macalelong, Mulanay, Padre Burgos, Perez, Pitogo, Quezon, San Narciso, and Unisan.

[2657–144; 2880–5; 3036–1; 4138–1.]

SECTION 124. Representative districts in Mountain Province and[Department of Mindanao and Sulu – The territory to be comprised in the respective representative districts of the Mountain Province and Department of Mindanao and Sulu shall be determined by the Governor-General.]. – (Repealed)

TITLE IV

Judicial Power, Embracing Courts of Superior Jurisdiction,
Justices of the Peace, and Notaries Public

CHAPTER 9

Courts of Superior Jurisdiction

PRELIMINARY ARTICLE

Title of Chapter

SECTION 125. Title of chapter. – This chapter shall be known as the Judiciary Law.

[2657–150.]

ARTICLE I

Provisions Common to More than One Court

SECTION 126. The various courts. – The courts referred to in this chapter are the Supreme Court, the Court of Appeals, and the Courts of First Instance.

[2657–151; C.A. 3–1.]

SECTION 127. Special provision in oath of judges. – The oath of office of judges shall contain, in addition to the matters prescribed in section twenty-three of this Code, a declaration to the effect that the affiant will administer justice without respect to person and do equal right to the poor and the rich.

[2657–152.]

[See Ex. Or. No. 1, s. 1935.]

SECTION 128. Preservation of oath of office of judge. – The oath of office of a judge shall be filed with the clerk of the court to which the affiant pertains and shall be entered upon its records. Where a judge is authorized by law to exercise his functions in more than one court, it shall suffice if his oath is recorded in the court where he has his official station.

[2657–153.]

SECTION 129. Judge’s certificate as to work completed. – Judges and auxiliary judges of first instance, judges of municipal courts, and justices of the peace shall certify on their applications for leave, and upon salary vouchers presented by them for payment, or upon the pay rolls upon which their salaries are paid, that all special proceedings, applications, petitions, demurrers, motions, and all civil and criminal cases which have been under submission for decision or determination for a period of ninety days or more have been determined and decided on or before the date of making the certificate, and no leave hall be granted and no salary shall be paid without such certificate.

In case any special proceeding, application, petition, demurrer, motion, civil or criminal case is resubmitted upon the voluntary application or consent in writing of all the parties to the case, cause, or proceeding, and not otherwise, the ninety days herein prescribed within which a decision should be made shall begin to run from the date of such resubmission.

[2657–154.]

SECTION 130. Disposition of moneys paid into court. – All moneys accruing to the Government in the Supreme Court, in the Court of Appeals, and in the Courts of First Instance, including fees, fines, forfeitures, costs, or other miscellaneous receipts, and all trust or depository funds paid into such courts shall be received by the corresponding clerks of court and, in the absence of special provision, shall be paid by him into the Philippine Treasury to the credit of the proper account or fund and under such regulations as shall be prescribed by the Auditor General: Provided, That forty per centum of the fines collected under sections two thousand seven hundred and fifty-one and two thousand seven hundred and fifty-two of this Code, shall accrue to the school funds of the municipality in which the offense is committed, and ten per centum shall accrue to the school fund of the respective provinces.

A clerk shall not receive money belonging to private parties except where the same is paid to him or into court by authority of law.

[2657–155; 3294–1; C.A. 3–1.]

SECTION 131. Disbursement of funds for judiciary establishment. – Except as otherwise specially provided, (insular) national funds available for the judiciary establishment shall be disbursed by the disbursing officer of the Bureau of Justice.

[2657–156.]

SECTION 132. Annual report of clerks of courts. – The clerk of the Supreme Court, the clerk of the Court of Appeals, and all clerks of Courts of First Instance shall make annual reports to the Secretary of Justice, of such scope and in such form as shall be by the latter prescribed, concerning the business done in their respective courts during the year.

[2657–157; C.A. 3–1.]

ARTICLE II

Supreme Court

SECTION 133. The Supreme Court; quorum of the Court; designation of Justices of the Court of Appeals to sit in the Supreme Court; number of Justices necessary to reach a decision. – The Supreme Court of the Philippines shall consist of a Chief Justice and six Associate Justices, which shall sit in banc in the hearing and determination of all cases within its jurisdiction. The presence of five Justices shall be necessary to constitute a quorum except when the judgment of the lower court imposes the death penalty, in which case the presence of all the Justices shall be necessary to constitute a quorum. In the absence of a quorum, the Court shall stand ipso facto adjourned until such time as the requisite number shall be present, and a memorandum showing this fact shall be inserted by the clerk in the minutes of the Court.

If on account of illness, absence, or incapacity upon any of the grounds mentioned in section eight of Act Numbered One hundred and ninety, of any of the Justices of the Court, or, whenever, by reason of temporary disability of any Justice thereof or of vacancies, occurring therein the requisite number of Justices necessary to constitute a quorum or to render a judgment in any given case, as heretofore provided, is not present, the President of the Philippines, upon the recommendation of the Chief Justice, may designate such number of Judges of the Court of Appeals, as may be necessary, to sit temporarily as Justices of said Court, in order to form a quorum, or until a judgment in said case is reached: Provided, however, That no Judge of the Court of Appeals may be designated to act in any case in the decision of which he has taken part.

The concurrence of at least four Justices of the Court shall be necessary for the pronouncement of a judgment. However, for the purpose of declaring a law or a treaty unconstitutional, at least five Justices must concur. When the necessary majority, as herein provided, to declare a law or a treaty unconstitutional cannot be had, the Court shall so declare, and in such case the validity or constitutionality of the act or treaty involved shall be deemed upheld.

Whenever the judgment of the lower court imposes the death penalty, the case shall be heard and determined by all the Justices of the Court, and the unanimous decision of all of such Justices shall be necessary for the pronouncement of a judgment in imposing the death penalty. When the Court fails to reach a unanimous decision as herein provided, the penalty next lower in degree than the death penalty shall be imposed.

[2657–158; 3816–1; 4023–1; C.A. 3–2; C.A. 259–1.]

SECTION 133-A. Place of holding sessions. – The Supreme Court shall hold its sessions in the City of Manila. Whenever the public interest so requires, it may hold its sessions in any other place within the Philippines.

[C.A. 3–2; C.A. 259–2.]

SECTION 134. Appointment of Justice of the Supreme Court. – The Chief Justice and the Associate Justices of the Supreme Court shall be appointed by the President of the Philippines with the consent of the Commission on Appointments of the National Assembly. The Chief Justice of the Supreme Court shall be so designated in his commission; and the Associate Justices shall have precedence according to the dates of their respective commissions, or, when the commissions of two or more of them bear the same date; according to the order in which their commissions may have been issued by the President of the Philippines.

[2657–159; C.A. 3–2; re compensation of Justices of the Supreme Court, see Art. VIII, sec. 9, Constitution of the Philippines.]

SECTION 134-A. Vacancy in office of Chief Justice. – In case of a vacancy in the office of Chief Justice of the Supreme Court, or of his inability to perform the duties and powers of his office, they shall devolve upon the Associate Justice who is first in precedence, until such disability is removed, or another Chief Justice is appointed and duly qualified. This provision shall apply to every Associate Justice who succeeds to the office of Chief Justice.

[C.A. 3–2.]

SECTION 135. Authority of Supreme Court over administration of its own affairs. – The Supreme Court shall have exclusive administrative control of all matters affecting the internal operations of the court.

[2657–160.]

SECTION 136. Status of subordinates. – Except as regards the appointment and compensation of the Reporter, Clerk, and such private secretaries to the individual justices as the court may authorize, all subordinates and employees of the Supreme Court shall be governed by the provisions of the Civil Service Law; but the court may, by resolution, remove any of them for cause.

[2657–161.]

SECTION 137. Vacation period. – The regular sessions of the Supreme Court may, in the discretion of the court, be suspended for the period beginning with the first of May and closing with the first of July of each year, which, in case of such suspension, shall be known as the Supreme Court vacation.

By resolution entered upon the minutes of the court, the Supreme Court vacation may be made to begin on the first of April and close with the first of July in any year.

During vacation at least one of the justices, to be designated in such manner as the court by resolution shall direct, shall remain on duty.

[2657–162.]

SECTION 138. Jurisdiction of the Supreme Court. – The Supreme Court shall have such original jurisdiction as may be possessed and exercised by the Supreme Court of the Philippines at the time of the approval of this Act, including cases affecting ambassadors, other public ministers, and consuls.

The Supreme Court shall have exclusive jurisdiction to review, revise, reverse, modify or affirm, on appeal, certiorari or writ of error, as the law or rules of court may provide, final judgments and decrees of inferior courts as herein provided, in –

(1) All cases in which the constitutionality or validity of any treaty, law, ordinance, or executive order or regulation is in question;

(2) All cases involving the legality of any tax, impost, assessment or toll, or any penalty imposed in relation thereto;

(3) All cases in which the jurisdiction of any inferior court is in issue;

(4) All criminal cases involving offenses for which the penalty imposed is death or life imprisonment, and those involving other offenses which, although not so punished, arose out of the same occurrence or which may have been committed by the accused on the same occasion, as that giving rise to the more serious offense, regardless of whether the accused are charged as principals, accomplices, or accessories, or whether they have been tried jointly or separately.

(5) All civil cases in which the value in controversy exceeds fifty thousand pesos, exclusive of interests and costs, or in which the title or possession of real estate exceeding in value the sum of fifty thousand pesos to be ascertained by the oath of a party to the cause or by other competent evidence, is involved or brought in question. The Supreme Court shall likewise have exclusive jurisdiction over all appeals in civil cases, even though the value in controversy, exclusive of interests and costs, is fifty thousand pesos or less, when the evidence involved in said cases is the same as the evidence submitted in an appealed civil case within the exclusive jurisdiction of the Supreme Court as provided herein.

(6) All other cases in which only errors or questions of law are involved.

[2657–163; 3816–2; 4023–2; C.A. 3–2; C.A. 259–3.]

SECTION 139. Regular terms of Supreme Court. – The Supreme Court shall hold at Manila two regular terms for the hearing of causes, the first commencing on the second Monday of January and the second on the second Monday of July. Each regular term shall continue to and include the day before the opening of the next regular term. The Supreme Court shall convene and hold a session after the regular court vacation on the first day of July, or, if that be a holiday, then upon the next day thereafter not a holiday, for the purpose of hearing such motions and applications as should be heard before the close of the term. The court shall also meet upon the second day of January, or, if that be a holiday, upon the next day thereafter which is not a holiday, for the purpose of hearing such business of the regular July term as should be heard before the end of the term. The office of the Clerk of the Supreme Court shall always be open for the transaction of business, except upon lawful holidays, and the court shall always be open for the transaction of such interlocutory business as may be done by a single member thereof.

The sessions of the court for the hearing of cases shall be held on such days in the week, and for such length of time, as the court by its rules may order.

[2657–164.]

SECTION 140. Preservation of order in Supreme Court. – The sheriff of the City of Manila or of the province where the Supreme Court may be in session shall, in person or by deputy, attend the sessions of the Supreme Court, enforce proper decorum in the court room, and preserve good order in its precincts. To this end he shall carry into effect the rules or orders of the court made in this behalf, or of any judge thereof, and shall arrest any person there disturbing the court or violating the peace.

[2657–165.]

SECTION 141. Service of process of Supreme Court. – Writs, processes, and orders of the Supreme Court, or of any judge thereof, shall be served or executed by the sheriff of the City of Manila or of the province where the Supreme Court may be in session or by any officer having authority to execute the writs, processes, or orders of a Court of First Instance.

[2657–166.]

SECTION 142. Form of decisions – When opinion to be reported. – When a decision is rendered by the Supreme Court a written opinion or memorandum exemplifying the ground and scope of the judgment of the court shall be filed with the Clerk of the Court and shall be by him recorded in an opinion book. When the court shall deem a decision to be of sufficient importance to require publication, the Clerk shall furnish a certified copy to the Reporter. Dissenting opinions shall be published when the judges writing such opinions shall so direct.

[2657–167.]

SECTION 143. Preparation of opinions for publication. – The Reporter shall prepare and publish with each reported decision a concise synopsis of the facts necessary to a clear understanding of the case and shall state the names of counsel, and concisely the material and controverted points made, and the authority therein cited by them, and shall prefix to each case a syllabus, which shall be confined, as near as may be, to points of law decided by the court on the facts of the case, without a recital therein of the facts.

[2657–168.]

SECTION 144. General make-up of volumes. – Each volume of the decisions of the Supreme Court shall contain a table of the cases reported and of the cases cited in the opinions and a full and alphabetical index of the subject matters of the volume prepared by the Reporter, shall contain not less than seven hundred and fifty pages of printed matter, shall be well printed, upon good paper, and well bound in the best law sheep, substantially in the manner of the reports of the decisions of the Supreme Court of the United States, and shall be styled “Philippine Reports,” and numbered consecutively, in the order of the volumes published.

[2657–169.]

SECTION 145.[Assignment of Supreme Court judge to sit in Court of First Instance.]

[2657–170.]

ARTICLE II-A

Court of Appeals

SECTION 145-A. The Court of Appeals. – The Court of Appeals of the Philippines shall consist of a Presiding Justice and fourteen Associate Justices who shall be appointed by the President of the Philippines, with the consent of the Commission on Appointments of the National Assembly. The Presiding Justice of the Court of Appeals shall be so designated in his commission, and the other Justices of the Court shall have precedence according to the dates of their respective commissions, or when the commissions of two or more of them shall bear the same date according to the order in which their commissions have been issued by the President of the Philippines. The said Court of Appeals shall, as a body, sit in banc, but it may sit in three divisions of five Justices each. The three divisions may sit at the same time.

Whenever the terms Presiding Judge and Appellate Judge or Judge appear in Commonwealth Act Numbered Three they shall be read as Presiding Justice and Associate Justice, respectively.

[C.A. 3–3; C.A. 259–4.]

SECTION 145-B. Presiding Justice to preside sessions of Court. – If the Presiding Justice is present in any session of the Court whether in banc or in division, he shall preside. In his absence, that one of the Associate Justices attending shall preside who is first in precedence in accordance with the above preceding section of this Code.

[C.A. 3–3; C.A. 259–4.]

SECTION 145-C. Vacancy in office of Presiding Justice. – In case of a vacancy in the office of Presiding Justice of the Court of Appeals, or in the event of his inability to perform the duties and powers of his office, they shall devolve upon the Associate Justice of the Court who is first in precedence, until such disability is removed, or another Presiding Justice is appointed and has qualified. This provision and the provision of the preceding section shall apply to every Associate Justice who succeeds to the office of the Presiding Justice.

[C.A. 3–3; C.A. 259–4.]

SECTION 145-D. Designation of Judges of First Instance to sit in the Court of Appeals. – In case of vacancy in the office of any one of the Associate Justices of the Court of Appeals, or in the event that any one of said Associate Justices is absent, or disabled, or incapacitated, for any reason, to perform the duties and powers of his office, the President of the Philippines, upon the recommendation of the Chief Justice of the Supreme Court, may designate a Judge of First Instance to sit temporarily in the Court of Appeals, until such disability is removed, or the vacancy is permanently filled. However, no Judge of First Instance so appointed shall act in the Court of Appeals in any case in which his ruling or decision is the subject of review.

[C.A. 3–3; C.A. 259–4.]

SECTION 145-E. Qualifications and compensation of Justices of Court of Appeals. – The Justices of the Court of Appeals shall have the same qualifications as those provided in the Constitution for members of the Supreme Court. The Presiding Justice of the Court of Appeals shall receive an annual compensation of thirteen thousand pesos, and each Associate Justice, an annual compensation of twelve thousand pesos.

[C.A. 3–3; C.A. 259–5.]

SECTION 145-F. Jurisdiction of the Court of Appeals. – The Court of Appeals shall have exclusive appellate jurisdiction of all cases, actions, and proceedings, not enumerated in section one hundred and thirty-eight of this Code, properly brought to it from Courts of First Instance. The decision of the Court of Appeals in such cases shall be final: Provided, however, That the Supreme Court in its discretion may, in any case involving a question of law, upon petition of the party aggrieved by the decision and under rules and conditions that it may prescribe, require by certiorari that the said case be certified to it for review and determination, as if the case had been brought before it on appeal.

[C.A. 3–3.]

SECTION 145-G. Original jurisdiction of the Court of Appeals. – The Court of Appeals shall have original jurisdiction to issue writs of mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and process in aid of its appellate jurisdiction.

[C.A. 3–3.]

SECTION 145-H. Transfer of cases from Supreme Court and Court of Appeals to proper court. – All cases which may be erroneously brought to the Supreme Court or to the Court of Appeals shall be sent to the proper court, which shall hear the same, as if it had originally been brought before it.

[C.A. 3–3.]

SECTION 145-I. Place of holding sessions. – The Court of Appeals in banc and its three divisions shall hold sessions in the City of Manila. Whenever the President of the Philippines shall find that the public interest requires that the court hold session in any other place within the Philippines, the court shall, by resolution, make provision for the holding of such session in banc or by any of its divisions.

[C.A. 3–3; C.A. 259–6.]

SECTION 145-J. Quorum of the Court. – Nine Justices of the Court of Appeals shall constitute a quorum for its sessions in banc, and four Justices shall constitute a quorum for the sessions in division. In the absence of a quorum, the Court or the division shall stand ipso facto adjourned until such time as the requisite number shall be present, and a memorandum showing this fact shall be inserted by the clerk in the minutes of the Court.

[C.A. 3–3; C.A. 259–7.]

SECTION 145-K. Distribution of cases between divisions. – All of the cases of the Court of Appeals shall be allotted between the three divisions thereof for trial and decision, and the affirmative vote of the majority of the members of each division shall be necessary for the pronouncement of judgment. Whenever in any criminal case submitted to a division, the said division or any member thereof, should be of the opinion that the penalty of death or life imprisonment should be imposed, the said Court shall refrain from entering judgment thereon and shall forthwith certify case to the Supreme Court for final determination, as the case had been brought before it on appeal.

Whenever a division of the Court of Appeals fails to reach a decision in a case submitted to it, or whenever such division shall so order, or whenever the Presiding Justice, in the exercise of his sound discretion, so orders, the case shall be heard and determined by the Court sitting in banc, the affirmative vote of at least eight Justices being necessary for the pronouncement of a judgment.

[C.A. 3–3; C.A. 259–8.]

SECTION 145-L. Power of the Court to adopt rules. – The Court of Appeals, sitting in banc, shall make proper orders or rules to govern the allotment of cases between the three divisions, the constitution of such divisions, the regular rotation of Justices between them, the filling of vacancies occurring therein, and other matters relating to the business of the Court; and these rules shall continue in force until repealed or altered by it or by the Supreme Court of the Philippines.

[C.A. 3–3; C.A. 259–9.]

SECTION 145-M. Clerk of the Court of Appeals; his appointment; his compensation; his bond. – The Court of Appeals shall appoint a clerk of court, who shall exercise the same powers and perform the same duties in regard to all matters within its jurisdiction, as are exercised and performed by the clerk of the Supreme Court of the Philippines, insofar as the same may be applicable; and in the exercise of those powers and in the performance of those duties, the clerk shall be under the direction of the Court. No person may be appointed clerk of the Court of Appeals unless he has been engaged for five years or more in the practice of law, or has been clerk or deputy clerk of a court of record for the same period of time.

The clerk shall receive an annual compensation of five thousand forty pesos. Before entering upon the discharge of the duties of his office, he shall file a bond in the amount of five thousand pesos in the same manner and form as required of the clerk of the Supreme Court, such bond to be approved by the Treasurer of the Philippines. The bond shall be kept in the office of the Treasurer of the Philippines and entered in his books, the same being subject to inspection by interested parties.

The clerk of court may require any of his deputies or assistants to give an adequate bond as security against loss by reason of any wrongdoing or gross negligence on the part of such deputy or assistant.

[C.A. 3–3; C.A. 259–10; 425–1.]

SECTION 145-N. Appointment by Court of Appeals of deputy clerks of Court and other officers. – The Court may appoint two deputy clerks of court, who will have the same qualifications as those of the clerk of the Court of Appeals, with an annual compensation of four thousand and twenty pesos for the first deputy, and three thousand and six hundred pesos for the second deputy, and other officers in such number and with such compensation as may be hereafter authorized.

[C.A. 3–3; C.A. 259–11.]

SECTION 145-O. Certification of cases pending in Supreme Court to Court of Appeals, if such cases properly belong to the latter Court. – Immediately after the Court of Appeals is organized, all cases which, under this Act, correspond to the Court of Appeals and which may be pending in the Supreme Court, if such cases have not been heard on argument and submitted for decision by this Court, shall be certified by the clerk of the Supreme Court to the clerk of the Court of Appeals, to be heard and decided by the latter Court in conformity with the provisions of this Act. In those cases so pending in the Supreme Court, in which reference has been made to referees or commissioners for the taking of evidence, no such certification shall be made until after such evidence has been received in the Supreme Court.

[C.A. 3–3.]

SECTION 145-P. Applicability of laws and rules covering appeals. – All provisions of law or of the rules of court in force upon the approval of this Act, relating to appeals to the Supreme Court, or to procedure in said Court, shall be applicable to the Court of Appeals in cases falling within its jurisdiction.

[C.A. 3–3; C.A. 259–12.]

SECTION 145-Q. Applicability of certain provisions of the Revised Administrative Code to Court of Appeals. – The provisions of articles one hundred and twenty-seven, one hundred and twenty-eight, one hundred and thirty-five, one hundred and thirty-six, one hundred and thirty-seven, one hundred and thirty-nine, one hundred and forty, one hundred and forty-one, one hundred and forty-two, one hundred and forty-three, one hundred and forty-four, one hundred and seventy-three, two hundred and seventy-one, two hundred and seventy-two, and two hundred and seventy-three of the Revised Administrative Code shall be applicable to the Court of Appeals, in so far as they may be of possible application.

[C.A. 3–3.]

ARTICLE III

Courts of First Instance in General

SECTION 146. Courts of First Instance. – Courts of general original jurisdiction, known as Courts of First Instance, are organized and established throughout the Philippines in conformity with the provisions of this chapter.

[2657–171; C.A. 145–1.]

SECTION 147. Judges of First Instance. – The judicial function in Courts of First Instance shall be vested in judges of first instance and judges-at-large of first instance, to be appointed and commissioned as hereinafter provided.

[2657–172; C.A. 145–1; see C.A. 504 re cadastral judges.]

SECTION 148. Limitation upon tenure of office. – Judges of First Instance and judges-at-large shall be appointed to serve during good behavior, until they reach the age of seventy years, or become incapacitated to discharge the duties of their office, unless sooner removed in accordance with law.

[2657–173; 2941–1; C.A. 145–1.]

SECTION 149. Qualifications. – No person shall be appointed judge of first instance or judge-at-large unless he has been five years a citizen of the Philippines and has practiced law in the Philippines for a period of not less than five years or has held during a like period, within the Philippines, an office requiring admission to the practice of law in the Philippines as an indispensable requisite.

[2657–174; C.A. 145–1.]

SECTION 150. Clerks and other subordinate employees of Courts of First Instance. – Clerks, deputy clerks assistants, and other subordinate employees of Courts of First Instance shall, for administrative purposes, belong to the Department of Justice; but in the performance of their duties they shall be subject to the supervision of the judges of the courts to which they respectively pertain.

The Clerk of a Court of First Instance may, by special written deputization approved by the judge, authorize any suitable person to act as his special deputy and in such capacity to perform such functions as may be specified in the authority granted.

[2657–175; 2941–1; 3107–1; C.A. 145–1.]

SECTION 151. Permanent station of clerk of court. – The permanent station of a clerk of court shall be at the provincial capital or at the permanent residence of the judge presiding the court.

[2657–176; 2941–1; C.A. 145–1.]

SECTION 152. Provincial officer as ex-officio clerk of court. – When the Secretary of Justice shall deem such action advisable, he may direct that the duties of the clerk of court shall be performed by a provincial officer or employee as ex-officio clerk of court, in which case the salary of said employee or officer as clerk of court, ex-officio, shall be fixed by the provincial board and shall be equitably distributed by said board with the approval of the Secretary of Justice between the National Government and the provincial government.

[2657–177; 2941–1; C.A. 145–1.]

ARTICLE IV

Judicial Districts for Courts of First Instance and Judges Thereof

SECTION 153. Judicial districts. – Judicial districts for Courts of First Instance in the Philippines are constituted as follows:

The First Judicial District shall consist of the Provinces of Cagayan, Batanes, Isabela, Nueva Vizcaya, Ilocos Norte, Ilocos Sur, Abra, and the Subprovince of Apayao, Mountain Province;

The Second Judicial District, of the Provinces of La Union, Mountain Province, except the Subprovince of Apayao, Pangasinan, Zambales, and Bataan;

The Third Judicial District, of the Provinces of Nueva Ecija, Tarlac, Bulacan, and Pampanga;

The Fourth Judicial District, of the City of Manila, and the Provinces of Rizal and Palawan;

The Fifth Judicial District, of the Provinces of Cavite, Laguna, Batangas, Mindoro, Tayabas, and Marinduque;

The Sixth Judicial District, of the Provinces of Camarines Norte, Camarines Sur, Albay, Sorsogon; Masbate, and the Subprovince of Catanduanes;

The Seventh Judicial District, of the Provinces of Capiz, Romblon, Iloilo, Antique, Occidental Negros, Oriental Negros, and the Subprovince of Siquijor;

The Eighth Judicial District, of the Provinces of Samar, Leyte, Cebu, and Bohol.

The Ninth Judicial District, of the Provinces of Occidental Misamis, Oriental Misamis, Agusan, Surigao, Lanao, Bukidnon, Zamboanga, Sulu, Davao, and Cotabato.

[2657–178; 3107–1; 3345–1 to 8; 3267–1; 3911–1; 4007–20; 4060–1; C.A. 145–2.]

SECTION 154. Judges of First Instance for Judicial Districts. – Four judges shall be commissioned for the First Judicial District. One judge with permanent residence in the Province of Cagayan, shall preside over the Courts of First Instance of Cagayan, Batanes and the Subprovince of Apayao, Mountain Province; one judge with permanent residence in the Province of Isabela, shall preside over the Courts of First Instance of Isabela and Nueva Vizcaya; one judge shall preside over the Court of First Instance of, and reside in the Province of Ilocos Norte; and another with permanent residence in the Province of Ilocos Sur, shall preside over the Courts of First Instance of Ilocos Sur and Abra.

Four judges shall be commissioned for the Second Judicial District. Two judges shall preside over the Court of First Instance of, and reside in, the Province of Pangasinan; one judge, with permanent residence in Baguio, shall preside over the Courts of First Instance of the Province of La Union, the City of Baguio, and the Mountain Province, except Apayao; and another judge, with permanent residence in the Province of Bataan, shall preside over the Courts of First Instance of Bataan and Zambales. The Court of First Instance of Baguio shall try and hear all cases coming from the Subprovince of Benguet, Mountain Province, in the City of Baguio.

Seven judges shall be commissioned for the Third Judicial District. Two judges shall preside over the Court of First Instance of, and reside in, the Province of Nueva Ecija; two judges shall preside over the Court of First Instance of, and reside in, the Province of Pampanga; one judge shall preside over the Courts of First Instance of, and reside in, the Province of Tarlac; and two judges shall preside over the Court of First Instance of, and reside in, the Province of Bulacan.

Eleven judges shall be commissioned for the Fourth Judicial District. Nine judges, with residence in the City of Manila, and who shall be known as judges of the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Ninth Branches, respectively, shall preside over the Courts of First Instance of Manila and Palawan, and two judges shall preside over the Court of First Instance of, and reside in, the Province of Rizal.

Seven judges shall be commissioned for the Fifth Judicial District. Two judges, with permanent residence in Tayabas, shall preside over the Courts of First Instance of the Provinces of Tayabas and Marinduque; two judges shall preside over the Court of First Instance of, and reside in, the Province of Cavite; two judges shall preside over the Court of First Instance of, and reside in, the Province of Laguna, and another judge, with residence in the Province of Batangas, shall preside over the Courts of First Instance of Batangas and Mindoro.

Five judges shall be commissioned for the Sixth Judicial District. Two shall preside over the Court of First Instance of, and reside in, the Province of Camarines Sur; one judge shall preside over the Court of First Instance of, and reside in, the Province of Camarines Norte; one judge with residence in the Province of Albay, shall preside over the Courts of First Instance of Albay and Catanduanes, and another, with residence in the Province of Sorsogon, shall preside over the Courts of First Instance of Sorsogon and Masbate.

Seven judges shall be commissioned for the Seventh Judicial District. Three judges, with residence in Iloilo, shall preside over the Courts of First Instance of Iloilo and Antique; two judges shall preside over the Court of First Instance of, and reside in, the Province of Occidental Negros; one judge, with residence in the Province of Capiz, shall preside over the Courts of First Instance of Capiz and Romblon; and another judge, with residence in the Province of Oriental Negros, shall preside over the Courts of First Instance of Oriental Negros and Siquijor.

Seven judges shall be commissioned for the Eighth Judicial District. Three judges shall preside over the Court of First Instance of, and reside in, the Province of Cebu; two judges shall preside over the Court of First Instance of, and reside in, the Province of Leyte and the others shall preside over the Courts of First Instance of, and reside in, the Provinces of Samar and Bohol, respectively.

Five judges shall be commissioned for the Ninth Judicial District. One judge, with residence in the Province of Zamboanga, shall preside over the Courts of First Instance of the Provinces of Zamboanga and Sulu; one judge, with residence in the Province of Davao, shall preside over the Courts of First Instance of the Provinces of Davao; one judge, with residence in the Province of Oriental Misamis, shall preside over the Courts of First Instance of Oriental Misamis, Occidental Misamis, and Bukidnon; one judge, with residence in the Province of Cotabato, shall preside over the Courts of First Instance of Cotabato and Lanao; and another judge with residence in the Province of Surigao, shall preside over the Courts of First Instance of Surigao and Agusan.

[2657–179; 3107–1; 3267–1; 3345–9; 3267–2; 4007–21; C.A. 145–2; C.A. 348–1; C.A. 545–1. See C.A. No. 504, re cadastral judges.]

SECTION 155. Detail of judge to another district or province. – Whenever a judge stationed in any province or branch of a court of a province should certify to the Secretary of Justice that the condition of the docket in his court is such as to require the assistance of an additional judge, or when there is any vacancy in any court or branch of a court in a province, and there is no judge-at-large available to be assigned to said court, the Secretary of Justice may, in the interest of justice, and for a period of not more than three months, assign any judge of any other court or province within the same judicial district, whose docket permits his temporary absence from said court, to hold sessions in the court needing such assistance, or where such vacancy exists. No district judge shall be assigned to hold sessions in a judicial district other than that to which he is appointed without the approval of the Supreme Court being first had and obtained.

[2657–180; 2941–1; 3107–1; 3564–1; 3779–1; 4007–22; C.A. 145–2.]

SECTION 156. Permanent residence of judges. – The residence of a Judge of First Instance as required by section one hundred and fifty-four as herein amended shall in no case be at a place more than thirty kilometers from the seat of his court.

[2657–181; 3107–1; 3345–2, 5; 3267–3; 3911–2; 4007–23; 4060–2; C.A. 145–2.]

ARTICLE V

Judges-at-Large of First Instance

SECTION 157. Judges-at-large. – In addition to the judges mentioned in section one hundred and fifty-four hereof, as amended, there shall also be appointed twelve judges who shall not be assigned permanently to any judicial district and who shall render duty in such districts or provinces as may, from time to time, be designated by the Department Head.

[2657–182; 2941–2; 3107–1; see 3911–4; 4007–24; 4060–3; C.A. 145–3; 348–2.]

SECTION 158.[Official stations of auxiliary judges.]

[2657–183; 3107–1; 3564–2.]

SECTION 159.[Functions of auxiliary judge.]

[2657–184; see 3107–7.]

SECTION 160.[Assignment of auxiliary judge to other group.]

[2657–185; see 3107–7.]

ARTICLE V-A

Salaries of Judges of the Courts of First Instance

SECTION 160-A. Salaries of the Judges and Judges-at-large of First Instance. – The judges of the Courts of First Instance included within the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, and Ninth Judicial Districts, with the exception of the judges presiding over the Court of First Instance which are hereinbelow indicated, shall receive an annual salary of ten thousand pesos each.

The judges of the Courts of First Instance included within the first judicial district, with the exception of the one presiding over the Court of First Instance of Isabela and Nueva Vizcaya, and the judges of the Courts of First Instance of Bataan and Zambales; of Oriental Negros and Siquijor; of Samar; and of Davao and Cotabato, shall receive an annual salary of nine thousand pesos each.

The judges of the Courts of First Instance of Isabela and Nueva Vizcaya; of Camarines Norte; of Bohol; of Occidental Misamis, Oriental Misamis, Lanao, and Bukidnon; of Surigao and Agusan; and the judges-at-large shall receive an annual salary of eight thousand pesos each.

[C.A. 348–3.]

ARTICLE VI

Places and Times of Holding Courts of First Instance

SECTION 161. Places and times of holding courts. – For the Fourth Judicial District, court shall be held in the City of Manila, in Pasig, Rizal, and in Palawan as hereinafter provided. In other districts, court shall be held at the capital of the province in which the judges are permanently residing, respectively, except as hereinafter provided. Sessions of court shall be convened on all workdays when there are cases ready for trial or other court business to be dispatched.

In the following districts, court shall also be held at the places and times hereinbelow specified:

In the First District: At Aparri, Province of Cagayan, on the first Tuesday of January of each year; at Santo Domingo de Basco, Province of Batanes, on the first Tuesday of March of each year. A special term of court shall also be held once a year in the municipalities of Abulug and Tuao, both of the Province of Cagayan, and twice a year in the municipality of Echague and once a year in the municipality of Cabagan, both of the Province of Isabela, in the discretion of the district judge; Provided, however, That cases coming from the Subprovince of Apayao may be tried in the municipality of Abulug or Tuao, Province of Cagayan, in the discretion of the district judge; at Bayombong, Province of Nueva Vizcaya, on the second Tuesday of January and June of each year; at Bangued, Province of Abra, on the First Tuesday of March and October of each year.

In the Second District: At Baguio, Mountain Province, on the first Tuesday of June and December of each year; at Kiangan, Mountain Province, on the first Tuesday of March and November each year; at Bontoc, Mountain Province, on the second Tuesday of March and November of each year; and whenever the interests of justice so require, a special term of court shall be held at Lubuangan Subprovince of Kalinga; at San Fernando, La Union, on the first Tuesday of January and September of each year; at Tayug, Province of Pangasinan, on the first Tuesday of February of each year; at Iba, Province of Zambales, on the first Tuesday of February and October of each year; and at Balanga, Province of Bataan, on the first Tuesday of January and June of each year.

In the Fourth District: At Coron, Province of Palawan, on the first Monday of March and August of each year; at Cuyo, same province, on the second Thursday of March and August of each year; and at Puerto Princesa, same province, on the fourth Wednesday of March and August of each year.

In the Fifth District: At Calapan, Province of Mindoro, on the second Tuesday of February and the second Tuesday of September of each year; at San Jose, same province, on the second Tuesday of March of each year; at Lubang, Lubang Island, Province of Mindoro, on the fourth Tuesday of March of each year; at Infanta, Province of Tayabas, for the municipalities of Infanta, Casiguran, Baler and Polillo, on the first Tuesday of June of each year; at Boac, Province of Marinduque, on the first Tuesday of March of each year.

In the Sixth District: At Virac, Subprovince of Catanduanes, on the first Tuesday of March and September of each year; and at Masbate, Province of Masbate, on the first Tuesday of February, June and October of each year.

In the Seventh District: At Kalibo, Capiz, not to exceed two months in each year, to be set at the discretion of the judge of the district with the approval of the Secretary of Justice; at Romblon, Province of Romblon, on the first Tuesday of March and November of each year; at San Jose, Province of Antique, on the first Tuesday of February, June and October of each year; at Culasi, Province of Antique, on the first Tuesday of December of each year; and at Larena, Subprovince of Siquijor, on the first Tuesday of August of each year.

In the Eighth District: At Borongan, Province of Samar, on the second Tuesday of July of each year; at Catarman, same province, on the first Tuesday of March of each year; at Guiuan, same province, on the second Tuesday of February of each year; at Calbayog, same province, on the second Tuesday of September of each year; at Laoang, of the same province, in the first Tuesday of October of each year; at Maasin, Province of Leyte, on the first Tuesday of March and September of each year; at Ormoc, same province, on the first Tuesday on December of each year.

In the Ninth District: At Oroquieta, Province of Occidental Misamis, on the first Tuesday of December and June of each year; at Cantilan, Province of Surigao, on the second Tuesday of August of each year; at Butuan, Province of Agusan, on the first Tuesday of March and October of each year; a special term of court shall also be held once a year in either the municipality of Tandag or the municipality of Hinatuan, Province of Surigao, in the discretion of the district judge; at Mambajao, Province of Oriental Misamis, on the first Tuesday of March of each year; at Malaybalay, Province of Bukidnon, on the first Tuesday of December of each year. A special term of court shall also be held once a year either in the municipality of Talisayan or in the municipality of Gingoog, Province of Oriental Misamis, in the discretion of the district judge; at Iligan, Province of Lanao, on the first Tuesday of March and September of each year, but the September term for the Province of Lanao may be held at Dansalan, Province of Lanao, in the discretion of the district judge; at Dipolog, Province of Zamboanga, on the first Tuesday of January and June of each year; at Jolo, Province of Sulu, on the first Tuesday of March and October of each year. The office of the clerk of Court of First Instance of Dapitan, Province of Zamboanga, is hereby transferred to Dipolog, same province. At Glan, Province of Cotabato, and at Baganga and Mati, Province of Davao, terms of court shall be held at least once a year on the dates to be fixed by the district judge.

Notwithstanding the provisions of this section, whenever weather conditions, the condition of the roads or means of transportation, the number of cases, or the interest of the administration of justice require it, the Secretary of Justice may advance or postpone the term of court or transfer the place of holding the same to another municipality within the same judicial district, and, in land registration cases, to any other place more convenient to the parties.

[2657–186; 2941–1; 3107–1; 3161–1; 3334–1; 3345–3, 6, 8; 3627–4; 3728–1; 3779–2; 3911–3; 4007–26; 4060–4; 4133–1; C.A. 145–4; 348–4; 540–1; 545–2.]

SECTION 162. Duty of Judges to hold court at permanent station. – Any judge shall hold court at the place of his permanent station, not only during the period herein above appointed, but also at any other time when there are cases ready for trial or other court business to be there dispatched, if he is engaged elsewhere.

[2657–186; 3107–1.]

SECTION 163. Special terms of court. – When so directed by the Department Head, Judges of First Instance shall hold special terms of court at any time or in any municipality in their respective districts for the transaction of any judicial business.

[2657–187; 3107–1.]

SECTION 164. Authority of judge to define territory appurtenant to courts. – Where court is appointed to be held at more than one place in a district, the judge of first instance may, with the approval of the Department Head, define the territory over which the court held at a particular place shall exercise its authority, and cases arising in the territory thus defined shall be triable at such court accordingly. The power herein granted shall be exercised with a view to making the courts readily accessible to the people of the different parts of the district and with a view to making the attendance of litigants and witnesses as inexpensive as possible.

[2657–188.]

SECTION 165. Hours of daily sessions of courts. – The hours for the daily sessions of Courts of First Instance shall be from nine to twelve in the forenoon, and from three to five in the afternoon, except on Saturdays, when a forenoon session only shall be required; but the judge may extend the hours of session whenever in his judgment it is proper to do so. The Judge holding any court may also, in his discretion, order that but one session per day shall be held, instead of two, at such hours as he may deem expedient for the convenience both of the court and the public; but the number of hours that the court shall be in session per day shall be not less than five.

[2657–189.]

SECTION 166. Clerk’s duty to attend sessions and keep office hours. – Clerks of court shall be in attendance during the hours of session; and when not so in attendance upon the court they shall keep the same office hours as are prescribed for other Government employees. caCEDA

[2657–189.]

ARTICLE VII

Special Provisions Relative to Business in Court of First Instance of
[Ninth] Fourth District (City of Manila)

SECTION 167. Division of business among branches of court of[Ninth] Fourth District (City of Manila). – In the Court of First Instance of the[Ninth] Fourth District (City of Manila) all cases relative to the registration of real estate in the City of Manila and all matters involving the exercise of the powers conferred upon the fourth branch of said court or the judge thereof in reference to the registration of land shall be within the exclusive jurisdiction of said fourth branch and shall go or be assigned thereto for disposition according to law. All other business appertaining to the Court of First Instance of (said district) the City of Manila shall be equitably distributed among the judges of the (four) nine branches in such manner as shall be agreed upon by the judges themselves; but in proceeding to such distribution of the ordinary cases a smaller share shall be assigned to the fourth branch, due account being taken of the amount of land registration work which may be required of this branch.

Nothing contained in this section and in section one hundred and sixty-nine shall be construed to prevent the temporary designation of judges to act in (this district) the City of Manila in accordance with sections one hundred and fifty-five and one hundred and sixty or to prevent the other judges of the (district) City of Manila, including the (auxiliary judges) judges-at-large, to hear registration cases in order to assist the judge of the fourth branch in disposing of such cases.

[2657–190; 2941–1; 3107–1; see C.A. 545–1, re number of judges in Court of First Instance of Manila.]

SECTION 167-A. Authority of the Court of First Instance of the[Ninth] Fourth Judicial District (City of Manila) over administration of its own affairs. – The Court of First Instance of the[Ninth] Fourth Judicial District (City of Manila) shall have the administrative control of all matters affecting the internal operations of the court. This administrative control shall be exercised by the court itself through the clerk of the court. In administrative matters, the clerk of the court shall be under the direction of the court itself. The personnel of the office of the clerk of the Court of First Instance of the[Ninth] Fourth Judicial District (City of Manila) shall consist of the officers and employees provided for said court by Act Numbered Twenty-nine hundred and ninety-seven. The subordinate employees of said office shall be appointed by the Secretary of Justice upon recommendation of the chief of the office, the clerk of the court. The said clerk of the court shall receive an annual salary of five thousand pesos, and with all the employees of his office shall belong, for all purposes, to the Court of First Instance of the[Ninth] Fourth Judicial District (City of Manila).

[3041–1.]

SECTION 168. Appointment and qualification of clerks. – The clerk and deputy clerk of the[Ninth] Fourth Judicial District (City of Manila) shall be appointed by the (Governor-General) President of the Philippines upon the recommendation of the Secretary of Justice, with the[advice and] consent of the (Senate) Commission on Appointments of the National Assembly. No person shall be eligible for appointment to either of these positions who is not duly authorized to practice law in the (Philippine Islands) Philippines.

[2657–1.]

SECTION 169. Interchange of judges. – The judges of the several branches of the Court of First Instance for the[Ninth] Fourth District (City of Manila) may, for their own convenience or the more expeditious accomplishment of business, sit by interchange, by mutual agreement or by order of the Department Head, in other branches than those to which they severally pertain; and except as regards land registration matters, any action or proceeding in one branch may be sent to another branch for trial or determination.

[2657–191.]

SECTION 170. Convocation of judges for assistance of judge of fourth branch. – In matters of special difficulty connected with the registration of land, the judge of the fourth branch of the Court of First Instance of the[Ninth] Fourth District (City of Manila) may, when he deems such course advisable or necessary, convoke the other three judges of said court for the purpose of obtaining their advice and assistance. In such case the issue or issues to be decided shall be framed in writing by the judge of the fourth branch and shall be propounded for determination in joint session, with not fewer than three judges present. In case of a tie upon any issue, that view shall prevail which is maintained by the judge of the fourth branch.

[2657–192.]

ARTICLE VIII

Vacation of Courts of First Instance

SECTION 171. Vacations of Courts of First Instance. – The yearly vacation of Courts of First Instance shall begin with the first of April and close with the first of June of each year.

[2657–193; 3334–2.]

SECTION 172. Assignment of judges to vacation duty. – During the month of January of each year the Department Head shall issue an order naming the judges who are to remain on duty during the court vacation of that year; and consistently with the requirements of the judicial service, the assignments shall be so made that no judge or (auxiliary) judge-at-large shall be assigned to vacation duty, unless upon his own request, with greater frequency than once in three years.

Such order shall specify, in the case of each judge assigned to vacation duty, the territory over which in addition to his own district his authority as vacation judge shall extend, and the assignments shall be so arranged that provision will be made for the exercise of interlocutory jurisdiction, during vacation, in all parts of the Islands.

At least one judge shall always be assigned for vacation duty in the[Ninth] Fourth Judicial District (City of Manila).

The Department Head may from time to time modify his order assigning the judges to vacation duty as newly arising conditions or emergencies may require.

A judge assigned to vacation duty shall not ordinarily be required to hold court during such vacation; but the Department Head may, when in his judgment the emergency shall require, direct any judge assigned to vacation duty to hold during the vacation a special term of court in any district.

[2657–194.]

ARTICLE IX

Removal and Suspension of Judges

SECTION 173. Proceedings for the removal of judges. – Temporary suspension. – No judge or (auxiliary judge) judge-at-large of first instance shall be separated or removed from office by the (Governor-General) President of the Philippines unless sufficient cause shall exist, in the judgment of the Supreme Court, involving serious misconduct or inefficiency, for the removal of said judge from office after the proper proceedings. The Supreme Court of the (Philippine Islands) Philippines is authorized, upon its own motion or upon information of the (Attorney-General) Secretary of Justice of the (Philippine Islands) Philippines to conduct an inquiry into the official or personal conduct of any judge appointed under the provisions of this law and to adopt such rules of procedure in that regard as it may deem proper, and, after such judge shall have been heard in his own defense, the Supreme Court may recommend his removal to the (Governor-General) President of the Philippines who, if he deems that the public interest will be subserved thereby, shall thereupon make the appropriate order for such removal.

The (Governor-General) President of the Philippines, upon recommendation of the Supreme Court, may temporarily suspend a judge pending proceedings under this section. In case the judge suspended is acquitted of the cause or causes that gave rise to the investigation, the (Governor-General) President of the Philippines shall order the payment to him of the salary, or part thereof, which he did not receive during his suspension, from any available funds for expenses of the judiciary.

The cost and expenses incident to such investigations shall be paid from the funds appropriated for contingent expenses of the judiciary, upon vouchers approved by the Chief Justice of the Supreme Court.

[2657–195.]

ARTICLE X

General Land Registration Office

SECTION 174. General Land Registration Office. – For the due effectuation and accomplishment of the laws relative to the registration of land there shall be maintained in the City of Manila, under the supervision of the judge of the fourth branch of the Court of First Instance of the[Ninth] Fourth Judicial District (City of Manila), an office to be known as the General Land Registration Office.

Said office shall be the head of the clerical and archival system of the Courts of First Instance throughout the (Philippine Islands) Philippines in the exercise of the faculties conferred upon them or upon judges of first instance in reference to the registration of land and shall constitute a central repository of records in matters connected therewith.

[2657–196.]

SECTION 175. Chief and assistant chief of General Land Registration Office. – The General Land Registration Office shall have a chief and an assistant chief to be known, respectively, as the Chief of the General Land Registration Office and assistant chief of the General Land Registration Office. The chief of said office shall be a lawyer duly qualified by the Supreme Court of the Islands.

The assistant chief shall serve as acting chief during the absence or disability of the chief, as he shall also do in case of the death, resignation, or removal of the chief, until the vacancy shall be filled.

[2657–197.]

SECTION 176. Relation of chief to Courts of First Instance. – The chief of the General Land Registration Office shall be deemed to be clerk of the fourth branch of the Court of First Instance of the[Ninth] Fourth District (City of Manila) in the exercise of the functions conferred upon said branch or the judge thereof in matters relating to the registration of land. As such it shall be his duty to attend, either in person or by deputy, all sessions of said court at which proceedings relative to the registration of land are held, to keep minutes of such proceedings, and to perform with reference thereto all the duties of clerk of court.

The chief of the General Land Registration Office shall be deemed to be the chief clerk of all Courts of First Instance, save in the[Ninth] Fourth Judicial District (City of Manila), in so far as concerns the discharge of functions conferred by law upon such courts or the judges thereof in matters relating to the registration of land, and all clerks of said courts, acting in said capacity, shall be deemed to be subordinate to the chief of the General Land Registration Office. As such it shall be their duty to attend, either in person or by deputy, all sessions of their respective courts at which proceedings relative to the registration of land are held, to keep minutes of such proceedings, and to perform with reference thereto all the duties of clerk of court.

It shall be the duty of the chief of the General Land Registration Office to comply with all orders, decisions, or decrees relative to the registration of land addressed to him by Courts of First Instance or the Supreme Court.

[2657–198.]

SECTION 177. Chief surveyor. – There shall be a chief surveyor in the General Land Registration Office, who shall have general supervision of all other surveyors in said office, and of all plats, plans and work requiring the services of a surveyor in said office. He shall examine the applications plans, and technical descriptions in all cases filed whether in the provinces or in the City of Manila, and shall promptly make report to the court of any errors in said plans and technical descriptions and any conflicts between descriptions in said cases and descriptions of adjoining lands for which application for registration has been made. It shall also be his duty to prepare notices for publication and to prepare final decrees in all adjudicated cases.

[2657–199.]

SECTION 178. Subordinate employees of General Land Registration Office. – The chief surveyor and other subordinates of the General Land Registration Office shall be appointed by the Secretary of Justice, upon recommendation of the chief of said office. For administrative purposes, the General Land Registration Office shall be under the direct control of the Secretary of Justice.

[2657–200; 2834–1.]

SECTION 179. Regulations of General Land Registration Office. – Administrative regulations governing the conduct of the business in the General Land Registration Office and defining the duties of its personnel may be made by the chief of said Office.

With a view to uniformity of practice, regulations not inconsistent with law shall be made and promulgated by the chief of the General Land Registration Office, with the approval of the judge of the fourth branch of the Court of First Instance of the[Ninth] Fourth Judicial District (City of Manila), governing the registration, indexing, classification, filing, and preservation of documents, papers, and maps relative to the registration of land. These regulations shall be observed, so far as applicable, in all courts and offices and by all officers exercising functions connected with such matters, including clerks of Courts of First Instance in the provinces and registers of deeds throughout the (Islands) Philippines.

[2657–201.]

SECTION 180. Blank forms. – The chief of the General Land Registration Office, with the approval of the judge of the fourth branch, as aforesaid, shall also prepare the blank forms necessary for carrying into proper effect the laws relative to the registration of land.

[2657–202.]

SECTION 181. Certain documents to be kept in General Land Registration Office. – In the General Land Registration Office shall be kept and preserved all official papers, documents, and records of whatever character pertaining to the registration of lands located in the City of Manila; and in this office shall be received and preserved copies of all applications for registration and of maps of lands concerned in registration proceedings, and of all replies and other documents connected with such proceedings, including the orders, resolutions, and decisions of the various courts in registration cases; but except as regards land located in the City of Manila, all the original records of cases, with all the documents, notes of the testimony of witnesses, and other papers attached thereto, after the issuance of the decree of registration, shall be kept, and preserved by the clerk of the Court of First Instance of the province in which the land lies.

[2657–203.]

SECTION 182. Seal to be used in General Land Registration Office. – All processes, documents, and papers which require a seal and which issue through the General Land Registration Office shall have the seal of the proper Court of First Instance affixed thereto.

[2657–204.]

ARTICLE XI

Office of Sheriff

SECTION 183. Powers and duties of sheriff. – In the City of Manila and in each of the several provinces there shall be an officer to be known as the sheriff, whose powers and duties shall be these:

(a) He shall be the legal custodian of the courthouse or of the quarters set apart for the court room and court offices, including, in the City of Manila, the buildings occupied by the Supreme Court, and he shall be charged with the care and safe-keeping of all public property therein, except the books, records, and papers appertaining to the office of the clerk.

(b) He shall, in person or by deputy, attend the sessions of the Court of First Instance, shall enforce proper decorum in the court room, and preserve good order in its precincts. To this end he shall carry into effect the orders of the court made in this behalf, or of the judge thereof, and shall arrest any person there disturbing the court or violating the peace.

(c) Except as otherwise specially provided, he shall, in person or by deputy, serve all writs, execute all processes, and carry into effect all orders issuing from the Court of First Instance or made by any judge thereof; and in the City of Manila the sheriff shall serve or execute civil writs, processes, and orders issued from the Supreme Court or any inferior or superior court or by a judge of any such court. Orders and processes in criminal cases from whatever court or by whatever judge issued, shall be served or executed in the City of Manila by members of the police department of the city, and in the provinces warrants of arrest in criminal cases shall be executed by members of the Philippine Constabulary or of the municipal police force, though the same may also be served or executed with equal effect by the sheriff.

[2657–205; 3598–1; see C.A. 89–1.]

SECTION 184. Appointment of deputies. – The provincial sheriffs in provinces of the first and second class may appoint three deputies; in provinces of the third and fourth class, two deputies; and in provinces of the fifth and sixth class, one deputy. The provincial sheriff shall be responsible for the acts of his deputies. The chief of police in each municipality shall be ex officio deputy sheriff in his municipality without additional compensation. The salaries of the said provincial deputies shall be paid out of the (insular) national funds.

[2657–206; 3598–2.]

SECTION 185. Service of process when sheriff incompetent. – When the sheriff is party to any action or proceeding or is otherwise incompetent to serve process therein some suitable person shall be thereunto deputed by the judge of the court from which the process issues.

[2657–207.]

SECTION 186. Officers in function of sheriff. – In the City of Manila the clerk of Court of First Instance of said city shall exercise the functions of sheriff. In the several provinces of (these Islands) the Philippines including the specially organized provinces said functions shall be exercised by a provincial sheriff who shall be appointed by the Secretary of Justice. No person shall be eligible to appointment as provincial sheriff unless he shall be: (1) at least twenty-five years of age; (2) a citizen of the (Philippine Islands) Philippines or of the United States; (3) of good moral character; (4) admitted by the Supreme Court to practice law, or be a person who has at least finished the courses of legal study in a recognized school, or shall have passed the corresponding civil service examination.

[2657–208; 3252–1; 3598–3.]

SECTION 187. Carriage of arms by sheriff. – For the proper exercise of their functions and the protection of their persons against persons resisting their authority in the execution or service of judicial writs, processes, or orders, sheriffs shall supply themselves with a revolver and shall be entitled to the free carriage thereof. This right may be extended to deputies upon recommendation of the sheriff and approval of the Secretary of Justice.

[2657–209; 3598–4.]

SECTION 188. Detail of policemen as attendants upon courts. – In the City of Manila, the Mayor, and in the provinces, the Provincial Governor or the municipal (president) mayor shall direct the detail of one or more members of the provincial guard or municipal police of the place where a Court of First Instance or any superior court shall be held, to attend the sessions and enforce good order in and about the same under the direction of the sheriff. If no member of the provincial guard or municipal police can be thus detailed and it is impracticable to obtain the services of a member of the Constabulary upon request directed to the proper Constabulary officer in the province, the judge of the court may appoint a bailiff to serve as an emergency employee during such time as the court may be in session in the province.

[2657–210; 3598–5.]

SECTION 189. Temporary sheriff. – When the office of provincial sheriff is vacant, or the proper appointee has not yet qualified, the judge of the Court of First Instance of the province, may in case of emergency, make a temporary appointment to the office of sheriff of the province, pending the appointment and qualification of the sheriff in due course; and he may appoint the deputy clerk of the court or other officer in the Government service to act in said capacity. Such temporary appointee shall have all the powers of a regular provincial sheriff and shall cease in the performance of his duties only when his successor shall have duly qualified, or at the expiration of ninety days from his appointment. A second appointment of the same person as temporary sheriff shall not be made unless for the purpose of supplying the vacancy occurring after a permanent sheriff shall have been appointed and qualified.

[2657–211; 3598–6.]

SECTION 190. Expenses of maintenance of courthouse. – All expenses incident to the repair, alteration, and custody of the courthouse, or court room and court offices, and the cost of all equipment and supplies for a Court of First Instance, including necessary books and stationery, shall be borne by the province concerned. The similar expenses of the Court of First Instance of the[Ninth] Fourth Judicial District (City of Manila) shall be borne by the City of Manila.

[2657–212.]

SECTION 191. Compensation of sheriff and his deputies. – In the City of Manila the clerk serving as sheriff shall receive from the City of Manila additional compensation at the rate of two thousand pesos per annum. In the provinces the officer or employee serving as provincial sheriff shall receive a compensation not exceeding two thousand four hundred pesos per annum in first-class provinces; one thousand eight hundred pesos per annum in second-class provinces, one thousand five hundred pesos per annum in third-class provinces, and one thousand two hundred pesos per annum in fourth, fifth, and sixth-class provinces. Deputy sheriffs shall receive compensation at the rate of eight hundred and forty pesos per annum: Provided, That in classifying the especially organized provinces for the purposes of this Act the amount of insular aid received by the said provinces shall not be considered.

[2657–213; 3598–7.][As to collection and disposition of fees for services of sheriffs, see secs. 8–9 of Act No. 3598.]

ARTICLE XII

Registers of Deeds

SECTION 192. Office of the register of deeds. – There shall be a register of deeds for the City of Manila and one for each of the first- and second-class provinces, except the Mountain Province where there shall be two: one for the Subprovince of Benguet, including the City of Baguio, and another for the rest of the province. There shall also be one for any of the other provinces, whenever the Secretary of Justice will certify to the advisability of the appointment in the interest of the public service. In the  third-, fourth-, and fifth-class provinces for which no register or deeds has been appointed, the provincial fiscal shall be the register of deeds ex-officio of the province.

[2657–214; 3156–1; 3900–1; 4007–28; C.A. 92–1.]

[Commonwealth Act No. 440, approved May 31, 1939, designates the register of deeds of provinces whose capitals have been converted into cities, as City Register of Deeds ex officio thereof, with additional compensation. See C.A. 581 (approved June 8, 1940) re Romblon.]

SECTION 192 (a). Appointment of registers of deeds and subordinate personnel. – The registers of deeds and the subordinate personnel of their offices shall, for administrative purposes, be under the General Land Registration Office. The registers of deeds shall be appointed by the (Governor-General) President of the Philippines, with the consent of the (Philippine Senate) Commission on Appointment of the National Assembly, and the subordinate employees of their offices shall be appointed by the Secretary of Justice, on nomination by the Chief of the General Land Registration Office.

SECTION 192 (b). Salaries of register of deeds. – The salary of the register of deeds of the City of Manila shall be five thousand pesos per annum; that of the registers of deeds of the Provinces of Cebu, Iloilo, Occidental Negros, and Pangasinan, three thousand pesos per annum; that of the registers of deeds of the Provinces of Albay, Bulacan, Laguna, Leyte, Nueva Ecija, Pampanga, Rizal, Tarlac, Tayabas, and Zamboanga, twenty-four hundred pesos per annum; and that of the registers of deeds of the other provinces, including the subprovince of Benguet, eighteen hundred pesos per annum.

SECTION 192 (c). Qualifications of registers of deeds. – No person shall be appointed to the office of register of deeds unless he has been employed for over five years in some branch of the Government the functions of which include the registration of property or unless he is authorized to practice law in the Philippine Islands or is a graduate of a law school recognized by the Government. This qualification shall, however, not be required in the case of officers designated temporarily to perform the duties of register of deeds.

SECTION 192 (d). Privileges of registers. – Registers of deeds shall be entitled to the benefits and privileges of classified employees.

SECTION 192 (e). Transfer of employee to serve in another province. – When the public interest requires it, the Secretary of Justice, on recommendation of the Chief of the General Land Registration Office, may direct a register of deeds appointed for one province or any subordinate employee of the office of such register to go to another province for temporary service in the same.

[2657–214; 3156–1.]

SECTION 193. General functions of register of deeds. – The office of register of deeds constitutes a public depository of records of documents affecting the title of land in the province or city wherein such office is situated; and it is the duty of a register of deeds to record in proper form all instruments relative to such lands, the recording whereof shall be required or allowed by law.

Except in the City of Manila, the register of deeds shall perform the functions of commercial register in all matters except the registration of vessels, under the supervision of the Director of the Bureau of Commerce and Industry. He shall also maintain a book of records of chattel mortgages and perform in respect to such instruments the duties prescribed in section one hundred and ninety-eight hereof.

SECTION 193 (a). Annual reports. – Immediately after January first of each year, all registers of deeds shall send to the Chief of the General Land Registration Office annual reports of the scope and form of which said chief shall prescribe, on the work performed in their respective offices during the preceding year.

[2657–215; 3156–2.]

SECTION 194. Recording of instruments or deeds relating to real estate not registered under Act Numbered Four hundred and ninety-six or under the Spanish Mortgage Law. – No instrument or deed establishing, transmitting, acknowledging, modifying or extinguishing rights with respect to real estate not registered under the provisions of Act Numbered Four hundred and ninety-six, entitled “The Land Registration Act,” and its amendments, or under the Spanish Mortgage Law, shall be valid, except as between the parties thereto, until such instrument or deed has been registered, in the manner hereinafter prescribed, in the office of the register of deeds for the province or city where the real estate lies.

It shall be the duty of the register of deeds for each province or city to keep a daybook and a register book for unregistered real estate, in accordance with a form to be prepared by the Chief of the General Land Registration Office, with the approval of the Secretary of Justice. The day book shall contain the names of the parties, the nature of the instrument or deed for which registration is requested, the hour and minute, date and month of the year when the instrument was received. The register book shall contain, among other particulars, the names, age, civil status, and the residences of the parties interested in the act or contract registered and in case of marriage, the name of the wife, or husband, as the case may be, the character of the contract and its conditions, the nature of each piece of land and its own improvements only, and not any other kind of real estate or properties, its situation, boundaries, area in square meters, whether or not the boundaries of the property are visible on the land by means of monuments or otherwise, and in the affirmative case, in what they consist; the permanent improvements existing on the property; the page number of the assessment of each property in the year when the entry is made, and the assessed value of the property for that year; the notary or the officer who acknowledged, issued, or certified the instrument or deed; the name of the person or persons who, according to the instrument, are in present possession of each property; a note that the land has not been registered under Act Numbered Four hundred and ninety-six nor under the Spanish Mortgage Law; that the parties have agreed to register said instrument under the provisions of this Act and that the original instrument has been filed in the office of the register of deeds, indicating the file number, and that the duplicate has been delivered to the person concerned; the exact year, month, day, hour, and minute when the original of the instrument was received for registration, as stated in the day book. It shall also be the duty of the register of deeds to keep an index-book of persons and an index-book of estates, respectively, in accordance with a form to be also prepared by the Chief of the General Land Registration Office, with the approval of the Secretary of Justice.

Upon presentation of any instrument or deed relating to real estate not registered under Act Numbered Four hundred and ninety-six and its amendments or under the Spanish Mortgage Law, which shall be accompanied by as many duplicates as there are parties interested, it shall be the duty of the register of deeds to ascertain whether said instrument has all the requirements for proper registration. If the instrument is sufficient and there is no legitimate objection thereto, or in case of there having been one, if the same has been dismissed by final judgment of the courts, and if there does not appear in the register any valid previous entry that may be affected wholly or in part by the registration of the instrument or deed presented, and if the case does not come under the prohibition of section fourteen hundred and fifty-two of Act Numbered Twenty-seven hundred and eleven, the register of deeds shall register the instrument in the proper book. In case the instrument or deed presented has defects preventing its registration, said register of deeds shall refuse to register it until the defects have been removed, stating in writing his reasons for refusing to record said instrument as requested. Any registration made under this section shall be understood to be without prejudice to a third party with a better right.

The register of deeds shall be entitled to collect in advance as fees for the services to be rendered by him in accordance with this Act, the same fees established for similar services relating to instruments or deeds in connection with real estate in section one hundred fourteen of Act Numbered Four hundred ninety-six entitled “The Land Registration Act,” as amended by Act Numbered Two thousand eight hundred and sixty-six.

[2657–216; 2837–1; 3344–1.]

SECTION 195. Duties of register with reference to land judicially registered. – A register of deeds shall have authority to make memoranda affecting the title of land registered in his district and to enter and issue new certificate and duplicate certificates of title as provided by law, affixing the proper seal of court to the same.

[2657–217.]

SECTION 196. Journal for notation of matters relating to commercial documents. – It shall be the duty of all registers of deeds to keep a day book in their offices in which they shall enter the hour and minute, date, month, and year of the commercial documents presented for registration and the names of the persons executing said documents, as well as the name of the person presenting the same.

[2657–218.]

SECTION 197. Certain fees collectible upon commercial documents. – The following fees shall be paid for the registration and entry of each commercial document in the office of Mercantile Register:

For the presentation of a document, fifty centavos.

For each entry made in the book of merchants not mentioned in the following paragraphs, ten pesos.

For the entry of a change of any circumstance relating to a private merchant, two pesos.

For the entry of powers of attorney and of substitutions, modifications, and renewals of the same, five pesos.

For entries of dowries, articles of marriage, or paraphernal property, ten pesos.

For the first entry of any business partnership or association, the fees designated in the following schedule:

If the capital of said business partnership or association does not exceed ten thousand pesos, ten pesos; if it exceeds ten thousand, one peso for each thousand or fraction thereof in excess of the first ten thousand; but the maximum fee which may be charged for the first entry, whatever the amount of the capital may be, is three hundred pesos: Provided, That for the registration of a document showing an increase of the capital, a fee shall be collected based upon the amount of the increase of the capital in accordance with the foregoing schedule.

For entries made in the book of associations not mentioned in the foregoing paragraphs, five pesos.

For certificate of correctness, with seal of office, fifty centavos.

For a literal copy of entries, one peso for every page or fraction thereof.

For certificate of any entry, five pesos.

For any negative certificate, three pesos.

[2657–219; 3885–1.]

SECTION 198. Registration of chattel mortgages and fees collectible in connection therewith. – Every register of deeds shall keep a book of records of chattel mortgages; shall certify on each mortgage left for record the date, hour, and minute when the same was by him received; record in such book any chattel mortgage, transfer, or discharge, which shall be presented to him in duplicate, the original to be filed and the duplicate to be returned to the person concerned.

The record shall be effected by making an entry, which shall be given a correlative number, setting forth the names of the mortgagee and the mortgagor, the sum of obligation guaranteed, date of the instrument, name of the notary acknowledging the same, and a note that the property mortgaged is mentioned in detail in the instrument filed, giving the proper file number thereof.

The register shall also certify the officer’s return of sale upon any mortgage, making reference upon the margin of the record of such officer’s return to the volume and page of the record of the mortgage, and a reference of such return on the record of the mortgage itself, and give a certified copy thereof, when requested, upon the payment of lawful fees for such copy; and certify upon each mortgage officer’s return of sale or discharge of mortgage, both on the original and on the duplicate, the date, hour, and minute when the same is received for record and record such certificate with the return itself and keep an alphabetical index of mortgagors and mortgagees, which record and index shall be open to public inspection.

Duly certified copies of such record and of filed instrument shall be receivable as evidence in any court.

A register of deeds shall collect the following fees for services under this section:

For record of filing of any document, twenty-five centavos.

For filing and recording each chattel mortgage, including the necessary certificates and affidavits, the fees established in the following schedule shall be collected:

For each mortgage, the amount of which is –

Three hundred pesos or less, three pesos.

From three hundred and one to six hundred pesos, three pesos and fifty centavos.

From six hundred and one to eight hundred pesos, four pesos.

From eight hundred and one to one thousand pesos, four pesos and fifty centavos.

From one thousand and one to one thousand five hundred pesos, five pesos.

From one thousand five hundred and one to two thousand pesos, five pesos and fifty centavos.

From two thousand and one to two thousand five hundred pesos, six pesos.

From two thousand five hundred and one to three thousand pesos, six pesos and fifty centavos.

From three thousand and one to four thousand pesos, seven pesos and fifty centavos.

From four thousand and one to five thousand pesos, eight pesos and seventy-five centavos.

From five thousand and one to eight thousand pesos, ten pesos.

From eight thousand and one to ten thousand pesos, eleven pesos and twenty-five centavos.

From ten thousand and one to twelve thousand pesos, twelve pesos and fifty centavos.

From twelve thousand and one to fourteen thousand pesos, fourteen pesos.

From fourteen thousand and one to sixteen thousand pesos, fifteen pesos and fifty centavos.

From sixteen thousand and one to eighteen thousand pesos, seventeen pesos.

From eighteen thousand and one to twenty thousand pesos, eighteen pesos and fifty centavos.

From twenty thousand to twenty-five thousand pesos, twenty pesos.

From twenty-five thousand pesos upward, twenty-five pesos.

For recording each instrument of sale, conveyance, and transfer of a mortgage credit; whatever be the amount, three pesos.

For recording each notice of embargo, including the necessary index and annotations, three pesos.

For recording each release, including the necessary index and references, forty centavos.

For recording each release of embargo, including the proper annotations, forty centavos.

For recording each sheriff’s return of sale, including the index and references, for each one hundred words, twenty centavos.

For certified copies of records, such fees as are allowed by law for copies of records kept by the register of deeds, that is ten centavos for each one hundred words.

For any kind of certificate on a declaration or statement, fifty centavos.

[2657–220. See C.A. 66–2 (approved October 22, 1936) re free registration of agricultural or crop loan not exceeding P200 from Philippine National Bank.]

SECTION 199.[Supervision over register of deeds.]

[2657–221.]

SECTION 200. Reference of doubtful matter to judge of fourth branch of Court of First Instance at Manila. – When the register of deeds is in doubt with regard to the proper step to be taken or memorandum to be made in pursuance of any deed, mortgage, or other instrument presented for registration or where any party in interest does not agree with the register of deeds with reference to any such matter, the question shall be referred to the judge of the fourth branch of the Court of First Instance of the Ninth Judicial District either on the certificate of the register of deeds stating the question upon which he is in doubt or upon the suggestion in writing of the party in interest; and thereupon said judge, upon consideration of the matter as shown by the record certified to him, and in case of registered lands, after notice to the parties and hearing, shall enter an order prescribing the step to be taken or memorandum to be made.

[2657–222.]

SECTION 201. Discharge of duties of register in case of vacancy, etc. – Where no regular register of deeds shall have been appointed for any province, or in case of a vacancy in the office, or upon the occasion of the absence or disability of the register, the duties of register shall be performed by the following officials, without additional compensation, in the order in which they are mentioned below, until a regular register of deeds shall have been appointed and qualified, during the entire time of such absence or incapacity of the register:

(a) For the City of Manila, by the chief or assistant chief of the General Land Registration Office.

(b) For the subprovince of Benguet; by the city treasurer or deputy treasurer of Baguio.

(c) For provinces in general, by the provincial fiscal, provincial treasurer, or deputy provincial treasurer.

(d) And when the needs of the service require it, by and other officer of the Government whom the Secretary of Justice may designate.

[2657–223; 3156–3.]

SECTION 202. Expenses of office of register. – The salary of the register of deeds and that of the subordinate personnel of his office and, in the absence of any special provision, the cost of all equipment and material, including books and stationery, and other necessary expenses for the proper operation of the office of a register of deed, shall be paid out of the (Insular) National funds appropriated for said purposes and shall be disbursed by the disbursing officer of the General Land Registration Office.

[2657–224; 3156–4.]

SECTION 202 (a). Requisition of supplies for office of register. – All equipment and material, including books and stationery, required by the register of deeds, shall, in the absence of any special provision, be obtained through the Chief of the General Land Registration Office, who shall make the necessary requisition in accordance with the Supply Law.

[3156–4.]

SECTION 202 (b). Payment of salaries of personnel and furnishing of supplies by provincial treasurer. – The Chief of the General Land Registration Office may, when he considers it advisable for the service, direct the provincial treasurer in the provinces in general and the city treasurer of Baguio in the subprovince of Benguet, to furnish to the office of the register of deeds all necessary office supplies and pay the salaries of the register and his employees. In such case, the provincial treasurer or city treasurer of Baguio shall send to the Chief of the General Land Registration Office, at the end of each month, an account of the expenses so paid, for the reimbursement thereof.

At the request of the register of deeds, the Chief of the General Land Registration Office may likewise order the necessary equipment, furniture, and nonexpendable material for the office of such register furnished to the latter, at the expense of said General Land Registration Office.

[3156–4.]

SECTION 202 (c). Disposition of furniture, equipment, etc., in office of register. – All equipment, furniture, books, and other nonexpendable office material acquired for the office of a register of deeds or for a provincial fiscal or other officer in his capacity as register of deeds, prior to the approval of this Act, shall become (insular) national property, under the custody of the register of deeds concerned, who shall be accountable for the same, in accordance with the provisions of the Accounting Law.

[3156–4.]

SECTION 202 (d). Office room for register. – The province shall furnish a suitable place for the office of the register of deeds and shall, likewise, place at the disposal of such register of deeds a suitable vault of sufficient capacity to contain all important register books and documents, until a fireproof vault can be provided out of (insular) national funds.

[3156–4.]

SECTION 202 (e). Disposition of fees. – All moneys received and collected by the register of deeds as registration fees or for services rendered by the office of the register of deeds, shall be paid into the (Insular) National Treasury.

[3156–4.]

CHAPTER 10

Justices of the Peace

ARTICLE I

Office of Justice of the Peace

SECTION 203. Appointment and distribution of justices of the peace. – One justice of the peace and one auxiliary justice of the peace shall be appointed by the (Governor-General) President of the Philippines, with the (advice and) consent of the (Philippine Senate) Commission on Appointments of the National Assembly, for the City of Baguio, and for each municipality,[township], and municipal district in the (Philippine Islands) Philippines, and if the public interest shall so require, for any minor political division or unorganized territory in (said Islands) the Philippines: Provided, That justices and auxiliary justices of the peace shall be appointed to serve until they have reached the age of sixty-five years; Provided, further, That the present justices and auxiliary justices of the peace who shall, at the time this Act takes effect, have completed sixty-five years of age, shall automatically cease to hold office on January first, nineteen hundred and thirty-three; and the Governor General with the advice and consent of the Philippine Senate to cover the vacancies occurring by operation of this Act.

Upon the recommendation of the Department Head, the territorial jurisdiction of any justice and auxiliary justice of the peace may be made to extend over any number of municipalities,[townships,] municipal districts, or other minor political divisions or places not included in the jurisdiction of a justice of the peace already appointed; and upon like recommendation of the Department Head, the (Governor-General) President of the Philippines may combine the offices of justices of the peace for two or more such jurisdictions already established, and may appoint to the combined jurisdiction one justice of the peace and one auxiliary justice, at a salary not to exceed the total of the salaries of the combined positions; but in this case the appointee shall be a member of the bar of the (Philippine Islands), if there be any applicant with this qualification.

[2657–235; 3107–1; 3899–1.]

SECTION 204. Jurisdiction of justice of the peace as affected by territorial changes. – When a new political division affecting the territorial jurisdiction of a justice of the peace is formed or the boundaries limiting the same are changed, the (Governor-General) President of the Philippines may, in the absence of special provision, designate which of the justices and auxiliary justices within the territory affected by the change shall continue in office; and the powers of any others therein shall cease.

[2657–236.]

SECTION 205. Oath of office of justice of the peace. – The oath of office of the justice of the peace shall be the same in substance as that prescribed for a judge of first instance. Said oath shall be filed with the clerk of the Court of First Instance in the province and shall be there preserved.

[2657–237; see Ex. Or. No. 1, 1935.]

SECTION 206. Tenure of office – Transfer from one municipality to another. – A justice of the peace having the requisite legal qualifications shall hold office during good behavior unless his office be lawfully abolished or merged in the jurisdiction of some other justice: Provided, That in case the public interest requires it, a justice of the peace of one municipality may be transferred to another.

[2657–238; 2768–1.]

SECTION 207. Qualifications for the office of justice of the peace. – No person shall be eligible to appointment as justice of the peace or auxiliary justice of the peace unless he shall be (1) at least twenty-three years of age; (2) a citizen of the Philippines; (3) of good moral character and not convicted of any felony; and (4) admitted by the Supreme Court to practice law. As vacancies occur, or when the proper administration of justice so demands, the Department Head may group municipalities into circuit courts, composed of at least two municipalities: Provided, however, That the capital of the province shall not be grouped with any other municipality except in fourth- or fifth-class provinces, or the Mountain Province and the specially organized provinces, if the Secretary of Justice so directs: Provided, further, That any designation or appointment that has heretofore been made of any justice of the peace of a provincial capital except in a fourth- or fifth-class province or the Mountain Province and the specially organized provinces, to act as such in any other municipality shall, from the date of the taking effect of this Act, be considered cancelled and of no effect: And provided, finally, That the Secretary of Justice may, upon the recommendation of the judge of first instance concerned, designate the justice of the peace of the capital of a province or subprovince as clerk of court ex officio of said province or subprovince.

No person shall be appointed judge of the Municipal Court of the City of Manila and of the provincial capitals unless he shall have practiced law in the Philippines for a period of five years, or being a qualified lawyer, shall during a like period have held in the Philippines the position of provincial fiscal, deputy provincial fiscal, clerk or deputy clerk of a court of first instance, or assistant attorney in the Bureau of Justice.

[2657–239; 3107–1; 3727–1; 3887–1; 4007–27; 4057–1; 4179–1; C.A. 101–1.]

SECTION 208. Fee to be paid by examinee. – The applicant for examination for justice of the peace shall pay an examination fee of five pesos, to be collected by the clerk of the Court of First Instance.

[2657–240; see C.A. 101–1.]

SECTION 209. Fee of examining lawyer. – The lawyer appointed by the judge as a member of the board of examination shall be entitled to a compensation of twenty pesos for each day of actual service to be paid out of the appropriation for Courts of First Instance.

[2657–241; see C.A. 101–1.]

SECTION 210. Filling of vacancy in office of justice of the peace. – When a vacancy occurs in the office of any justice of the peace, except in provincial capitals and first-class municipalities, the judge of the Court of First Instance of the district shall forward to the (Governor-General) President of the Philippines a list of the names of persons qualified to fill said vacancy, accompanied by all the applications presented by persons desirous of appointment. The (Governor-General) President of the Philippines, with the (advice and) consent of the (Philippine Senate) Commission on Appointments of the National Assembly, shall make the repetitive appointments from said list: Provided, however, That he may also appoint to the position any qualified person not included in the list and not applicant for the place, without preferences of any kind, when he deems such course to be in the public interest.

[2657–242; 2702–1; 3107–1; see C.A. 101–1.]

SECTION 211. Auxiliary justice – Qualifications and duties. – The auxiliary justice of the peace shall have the same qualifications and be subject to the same restrictions as the regular justice, and shall perform the duties of said office during any vacancy therein or in case of the absence of the regular justice from the municipality, or of his disability or disqualification, or in case of his death or resignation until the appointment and qualification of his successor, or in any cause whose immediate trial the regular justice shall certify to be specially urgent and which he is unable to try by reason of actual engagement in another trial.

In case there is no auxiliary justice of the peace to perform the duties of the regular justice in the cases above mentioned, the judge of the district shall designate the nearest justice of the peace of the province to act as justice of the peace in such municipality, town, or place, in which the justice of the peace so designated shall have jurisdiction and shall receive the total of his own salary and seventy-five per centum of the salary of the justice of the peace whom he may substitute.

[2657–243; 3539–1.]

SECTION 212. Courtroom and supplies. – The municipalities and (townships) municipal districts to which a justice of the peace pertains shall provide him with a room in the tribunal, or elsewhere in the center of population, suitable for holding court and shall supply the necessary furniture, lights, and janitor service therefor, and shall also provide him with such of the printed laws in force in the (Philippine Islands) Philippines as may be required for his official use. The similar expenses of maintaining the office of a justice of the peace appointed in unorganized territory shall be borne by the province.

Legal blanks and the dockets required by law, as well as the notarial seal to be used by the justice as ex officio notary public, shall be furnished by the Bureau of Justice.

[2657–244.]

SECTION 213. Clerks and employees of municipal and justice of the peace courts. – The Municipal Court of the City of Manila and the courts of the provincial capitals and first class municipalities shall have such clerks of court and other employees as may be necessary at the expense of the said city and municipalities. The justice of the peace courts of Iloilo, Cebu, and Lingayen shall each have two clerks, at the expense of the respective municipalities.

In other municipalities, the municipal councils may allow the justices of the peace one clerk each, at the expense of the respective municipalities, with a salary not to exceed three hundred and sixty pesos per annum.

With the exception of the clerks and employees of the Municipal Court of the City of Manila, all employees mentioned in this section shall be appointed by the respective justices of the peace.

[2657–245; 3107–1; 3464–1; 4144–1; see section 58, C.A. 158 (approved November 9, 1936), re clerk of Municipal Court of the City of Iloilo; and also section 39, C.A. 58 (approved October 20, 1936), re clerk of Municipal Court of the City of Cebu.]

ARTICLE II

Exercise of Functions of Justice of the Peace

SECTION 214. Miscellaneous powers of justice of peace. – A justice of the peace shall have power anywhere within his territorial jurisdiction to solemnize marriages, authenticate merchants’ books, administer oaths and take depositions and acknowledgment; and in his capacity as ex officio notary public may perform any act within the competency of a notary public.

[2657–246.]

SECTION 215. Attendance at court – Permission for justice to pursue other vocation. – A justice of the peace or auxiliary justice shall be present as often as the business of his court requires; and a justice of the peace shall be present at least once each business day at an appointed hour in his office or at the place where his court is held, but he may during his incumbency, with the permission of the judge of first instance of the district, pursue any other vocation or hold any other office or position.

No justice or auxiliary justice may act as the attorney for any party to a cause commenced in his court or elsewhere except by special permission of the said judge.

[2657–247.]

SECTION 216. Hearing of cause at place other than office of justice of the peace. – Upon written request of both parties to a cause, a justice of the peace may hear the same at any suitable place in his jurisdiction; and in such case his necessary travel expense from his official station to the place of trial, and upon return therefrom, not exceeding two and one-half pesos per day in all, may be taxed as costs, but if the trial of more than one of such cases is requested in a particular locality, he shall arrange to try them as nearly as possible at the same time and place and shall divide the travel expense among them proportionately to the time consumed in the trial of each case.

[2657–248.]

SECTION 217. Service of process of justice of the peace. – The sheriff of the province shall serve or execute, or cause to be served and executed, all civil writs, processes, and orders issued by any justice of the peace in the province; and civil process, other than executions, may be served by any person designated by the justice for that purpose. Criminal process issued by a justice of the peace shall be served or executed by the (president) mayor of the municipality or other local political division, by means of the local police, or in the City of Manila by the members of its police department; but such process may also be served or executed with equal effect by the sheriff.

Criminal process may be issued by a justice of the peace, to be served outside his province, when the judge of first instance of the district, or in his absence the provincial fiscal, shall certify that in his opinion the interests of justice require such service.

[2657–249.]

SECTION 218. Seal of justice acting as notary public. – The use of a seal of office shall not be necessary to the authentication of any paper, document, or record signed by a justice of the peace or emanating from his office except when he acts as notary public ex officio.

[2657–250.]

ARTICLE III

Justices of the Peace Ex Officio

SECTION 219. Appointment of Government officers as justices of the peace ex officio. – When in the opinion of the (Governor-General) President of the Philippines the public interest shall so require, he may appoint any suitable person in the Government service to act in the capacity of justice of the peace ex officio, without additional compensation, in any specially organized province or in any province of the Department of Mindanao and Sulu. Such appointee shall have all the powers of a justice of the peace proper, with such territorial jurisdiction as shall be stated in the commission issued to the appointee, but such jurisdiction shall not extend to, or be hereafter exercised at any place within the jurisdiction of any duly appointed justice of the peace or auxiliary justice, of the peace.

[2657–251.]

A person exercising the function of justice of the peace ex officio, in any municipal district of the Department of Mindanao and Sulu may, in his discretion, transfer any case within his jurisdiction to the justice of the peace of the nearest organized municipality in the province.

The (Governor-General) President of the Philippines may, in his discretion, authorize a municipal district (president) mayor to act as justice of the peace to try cases for violation of municipal ordinances within his district.

[2664–1.]

ARTICLE IV

Salaries, Compensation, and Fees

SECTION 220. Salaries of justices of the peace. – Except as provided in the next succeeding section, justices of the peace shall receive the following salaries per annum:

(a) In municipalities of the first class, from one thousand two hundred to one thousand four hundred forty pesos;

(b) In municipalities of the second class, from one thousand eighty to one thousand two hundred pesos;

(c) In municipalities of third class and fourth class, municipal districts and other places not specially provided for by law, from nine hundred and sixty to one thousand eighty pesos.

Provided, That the Secretary of Justice shall, with the approval of the President, fix the salary of each justice of the peace within the above limitations; taking into consideration, among other things, the number of cases docketed in his court and the accessibility and means of transportation available between the different municipalities under his jurisdiction: Provided, further, That when a justice of the peace is appointed to act as justice of the peace of a district composed of two or more municipalities, or when he is designated to act temporarily in one or more municipalities in addition to his own municipality or district, in the first case, he shall be entitled to the salary of the largest municipality in his district, plus seventy-five per centum of the salary for the other municipality or municipalities therein; and, in the second case, he shall be entitled to the salary of his municipality or district, plus seventy-five per centum of the salary for each municipality in which he is temporarily designated to act; but in no case shall he be entitled to an aggregate salary of more than two thousand and four hundred pesos per annum: And, provided, finally, That the capital of a province shall not be grouped with any municipality and that no justice of the peace of the capital of any province or subprovince shall receive a salary less than one thousand eight hundred pesos per annum.

[2657–252; 3107–1; C.A. 299–1; see C.A. 402, sec. 5, subsec. 10.]

SECTION 221. Salaries of the judge of the Municipal Court of Manila and of the justices of the peace in provincial capitals. – The salary of each of the judges of the Municipal Court of Manila shall be six thousand pesos per annum.

The annual salaries of the justices of the peace of the capitals of the following provinces shall be as follows:

Of the justices of the peace of the capitals of the Provinces of Albay, Bulacan, Cebu, Iloilo, Laguna, Nueva Ecija, Occidental Negros, Pampanga, Pangasinan, Rizal, and Tayabas, three thousand six hundred pesos per annum each; of the justices of the peace of the capitals of the Provinces of Batangas, Bohol, Cagayan, Camarines Sur, Capiz, Ilocos Norte, Ilocos Sur, Leyte, Oriental Negros, Samar, Tarlac, and Zamboanga, three thousand pesos per annum each; of the justices of the peace of the capitals of the Provinces of Antique, Cavite, Isabela, La Union, Oriental Misamis, Sorsogon, and Surigao, two thousand four hundred pesos per annum each; of the justices of the peace of the capitals of the other provinces organized under the Provincial Law, the capitals of the Provinces of Agusan, Bukidnon, Cotabato, Davao, Sulu, Lanao, Palawan, Batanes, Mountain Province, and the justice of the peace of the City of Baguio, one thousand eight hundred pesos per annum each: Provided, however, That for judicial purposes the municipality of Aparri, Province of Cagayan, and the municipality of Cervantes, Province of Ilocos Sur, shall be considered as provincial capitals and the respective justices of the peace thereof shall have the same qualifications required of, and shall have the jurisdiction as, under the law, may be exercised by the justices of the peace of provincial capital and shall be paid an annual salary of two thousand four hundred pesos each.

[2657–252; 3107–1; 3310–1; 3622–1.]

NOTE. – The capitals of the Provinces of Cebu, Davao, Iloilo, Occidental Negros, and Zamboanga were converted into chartered cities provided with municipal courts instead of justice of the peace courts. The annual salary of the municipal judge in each of these cities are as follows: Bacolod, P3,600 (C.A. 326–37; C.A. 404–14); Cebu, P3,600 (C.A. 58–38; C.A. 129–7); Davao, P3,000 (C.A. 51–34; C.A. 209–1); Iloilo, P4,000 (C.A. 57; C.A. 158–23); and Zamboanga, P3,000 (C.A. 39–34; C.A. 208–1).

SECTION 222. Payment of salaries of justice of the peace. – In order to facilitate the payment of the salaries of justices of the peace in the provinces, the treasurer of the respective political division concerned shall advance the same monthly out of any proper available funds in his possession and such advances shall be reimbursed monthly from the (insular) national appropriation.

[2657–253.]

SECTION 223. Compensation of auxiliary justice. – An auxiliary justice of the peace, when performing all the duties of a justice of the peace, shall receive the full compensation which would have accrued to the office of justice. In cases where the justice of the peace, without ceasing to act as justice, shall certify any cause to the auxiliary justice for trial, the latter shall receive compensation in an amount equivalent to the fees accruing in such cause, which amount shall be deducted from the salary of the regular justice.

When the auxiliary justice acts as substitute for the regular justice while the latter is absent on official business, the compensation of the auxiliary justice shall not be deducted from the salary of the justice.

[2657–254.]

SECTION 224. Fees collectible by justices of the peace. – No fee, compensation, or reward of any sort, except such as is expressly prescribed and allowed by law, shall be collected or received for any service rendered by a justice of the peace or by any officer or employee of his court.

[2657–255; see C.A. 66–1, approved October 22, 1936 re agricultural or crop loan from the Philippine National Bank not exceeding P200.]

SECTION 225. Moneys paid into courts of justice of the peace – By whom to be received. – All moneys accruing to the Government in courts of justices of the peace, including fees, fines, forfeitures, costs, or other miscellaneous receipts, and all trust or depository funds paid into such courts shall be received by the deputy provincial treasurer, or in the City of Manila by the Collector of Internal Revenue, for disposition according to law.

[2657–256.]

SECTION 226. Disposition of Government moneys derived from courts of justice of the peace. – Such of these moneys as accrue to the Government shall be turned over to the Collector of Internal Revenue, who shall have the administrative jurisdiction over such collections and shall pay the same into the (Insular) National Treasury to the credit of the general funds to the (Insular) National Government; Provided, That forty percent of the fines collected under sections two thousand seven hundred and fifty-one and two thousand seven hundred and fifty-two of article sixteen, chapter sixty-six of this code for offenses connected with the administration of the Bureau of Forestry, shall accrue to the school funds of the municipality in which the offense is committed, and ten percent shall accrue to the school funds of the respective province.

[2657–257; 3294–2.]

SECTION 227. Monthly report of justice of the peace. – On the first of the month each justice of the peace shall submit to the receiving officer, upon forms prescribed by the (Bureau of Audits) General Auditing Office, a detailed report of all official business transacted by him or in his court during the preceding month, such as marriages solemnized, actions begun, terminated, or pending in court, together with an itemized statement of all fees and costs collected and for what service.

[2657–258.]

ARTICLE V

Supervision Over Justices of the Peace

SECTION 228. Supervision of judges of first instance over justice of the peace – Annual report of justice. – The judge of Court of First Instance shall at all times exercise a supervision over the justices of the peace within his district, and shall keep himself informed of the manner in which they perform their duties, by personal inspection whenever possible, from reports which he may require from them, from cases appealed to his court, and from all other available sources. In proper cases he shall advise and instruct them whenever requested, or when occasion arises, and such justices of the peace shall apply to him and not the (Attorney-General) Secretary of Justice for advise and instruction, and any such inquiries received by the (Attorney-General) Secretary of Justice shall be referred by him to the judge of the proper district.

The justice of the peace shall, during the first five days of the fiscal year, forward to said judge of the district a report concerning the business done in his court for the previous year, upon forms to be prescribed by the (Attorney-General) Secretary of Justice[with the approval of the Department Head].

Such report shall be filed in the office of the clerk of the Court of  First Instance, and said judge of the district shall, with the assistance of said clerk, embody a summary of such reports for each province of his district, together with other matters of interest and importance relative to the administration of justice therein, particularly with reference to justice of the peace courts, in a brief report, which he shall forward as soon as possible after the close of the fiscal year to the Department Head.

[2657–259.]

SECTION 229. Suspension and removal. – If at any time the judge of first instance has reason to believe that a justice of the peace is not performing his duties properly, or if complaints are made which, if true, would indicate that the justice is unfit for the office, he shall make such investigation of the same as the circumstances may seem to him to warrant, and may, for good cause, reprimand the justice, or may recommend to the (Governor-General) President of the Philippines his removal from office, or his removal and disqualification from holding office and may suspend him from office pending action by the (Governor-General) President of the Philippines. The (Governor-General) President of the Philippines may upon such recommendation or on his own motion, remove from office any justice of the peace or auxiliary justice of the peace.

[2657–260.]

SECTION 230. Final disposition of dockets. – When a justice of the peace shall die or resign or shall be removed from office or shall remove from the jurisdiction to which he was appointed, or when his office shall in any way become vacant, such justice of the peace, or his legal representative in case of his death, shall, within ten days thereafter, deliver his docket, process, papers, books, and all records relating to his office to the justice appointed to fill the vacancy or to the auxiliary justice of the same locality.

Where the documents and records aforesaid are delivered into the custody of the auxiliary justice of the peace, it shall be his duty, during the time he shall perform the duties of the office, safely to keep the same and to certify copies thereof whenever lawfully demanded; and upon the appointment and qualification of a justice of the peace to fill the vacancy, the said auxiliary justice shall deliver all the documents and records pertaining to the office in question to the new justice of the peace.

When any violation of this section comes to the knowledge of the judge of first instance having supervision over the office in question, it shall be his duty to issue a summary order for the delivery of the documents and records aforesaid, under penalty of contempt.

[2657–261.]

CHAPTER 11

Notaries Public

PRELIMINARY ARTICLE

Title of Chapter

SECTION 231. Title of the chapter – Title of the chapter shall be known as the Notarial Law.

[2657–265]

ARTICLE I

Appointment and Qualification of Notaries Public

SECTION 232. Appointment of notaries public. – Judges of Court of First Instance in the respective provinces may appoint as many notaries public as the public good requires, and there shall be at least one for every municipality in each province. Notaries public in the City of Manila shall be appointed by the Supreme Court or, during vacation, by the Supreme Court judge assigned to vacation duty.

[2657–266.]

SECTION 233. Qualifications for appointment. – To be eligible for appointment as notary public, a person must be a citizen of the (Philippine Islands) Philippines or of the United States and over twenty-one years of age. He must, furthermore, be person who has been admitted to the practice of law or who has completed and passed in the studies of law in a reputable university or school of law, or has passed the examination for the office of justice of the peace or clerk or deputy clerk of court, or be a person who has at some time held the office of clerk or deputy clerk of court for a period of not less than two years, or a person who had qualified for the office of notary public under the Spanish sovereignty.

In the chartered cities and in the capitals of the provinces, where there are two or more lawyers appointed a notaries public, no person other than a lawyer or a person who had qualified to hold the office of notary public under the Spanish sovereignty shall hold said office.

In municipalities or (townships) municipal, districts wherein no person reside having the qualifications hereinbefore specified or having them; refused hold such office, judges of first instance may appoint other persons temporarily to exercise the office of notary public who have the requisite qualifications of fitness and morality.

[2657–267; C.A. 514–1.]

SECTION 234. Disqualification incident to conviction of crime. – No person shall be appointed notary public who has been convicted of any crime implying moral turpitude.

[2657–268.]

SECTION 235. Restriction on right of certain officials to act as notaries public. – Justices of the peace and clerks of court shall not act as notaries public except in the character of notaries public ex officio.

[2657–269.]

SECTION 236. When oath of office to be preserved. – The oath of office of a notary public in a province shall be filed and preserved, together with the commission, in the office of the clerk of the Court of First Instance of the province. The oath of office of a notary public in the City of Manila shall be filed and preserved, with the commission, in the office of the clerk of the Supreme Court.

[2657–270.]

SECTION 237. Form of commission for notary public. – The appointment of a notary public shall be in writing, signed by the judge, and substantially in the following form:

GOVERNMENT OF THE PHILIPPINES)
PROVINCE OF ____________________)

This is to certify that ______________________, of the municipality of ____________________________ in said province, was, on the ________ day of _____________________, anno Domini nineteen hundred and _____________ appointed by me a notary, public, within and for the said province, for the term ending on the first day of January, anno Domini nineteen hundred and ________

_______________________

Judge of the Court of First
Instance of said Province

SECTION 238. Certificate of appointment to be forwarded to Bureau of Justice. – Clerks of Courts of First Instance shall make and forward to the Bureau of Justice immediately after commission and oath of office of any notary public are recorded in said clerk’s office a certificate of such appointment and the term office of the appointee. A record shall be kept of all such certificates in the Bureau of Justice.

[2657–272]

SECTION 239. Term of office. – The term of office of a notary public shall end at the expiration of the two-year period beginning upon the first day of January of the year in which the appointment is made.

[2657–273.]

ARTICLE II

Jurisdiction and Powers

SECTION 240. Territorial jurisdiction. – The jurisdiction of a notary public in a province shall be co-extensive with the province. The jurisdiction of a notary public in the City of Manila shall be co-extensive with said city. No notary shall possess authority to do any notarial act beyond the limits of his jurisdiction.

[2657–274.]

SECTION 241. Powers of notary public. – Every notary public shall have power to administer all oaths and affirmations provided for by law, in all matters incident to his notarial office, and in the execution of affidavits, depositions, and other documents requiring an oath, and to receive the proof or acknowledgment of all writings relating to commerce or navigation, such as bills of sale, bottomries, mortgages, and hypothecations of ships, vessels, or boats, charter parties of affreightments, letters of attorney, deeds, mortgages, transfers and assignments of land or buildings, or an interest therein, and such other writings as are commonly proved or acknowledged before notaries; to act as a magistrate, in the writing of affidavits or depositions, and to make declarations and certify the truth thereof under his seal of office, concerning all matters done by him by virtue of his office.

[2657–275.]

ARTICLE III

Notaries Public Ex Officio

SECTION 242. Officers acting as notaries public ex officio. – Except as otherwise specially provided, the following officials, and none other, shall be deemed to be notaries public ex officio, and as such they are authorized to perform, within the limits of their territorial jurisdiction as herein below defined, all the duties appertaining to the office of notary public:

(a) The Chief of the Division of Archives, Patents, Copyrights, and Trademarks; the Clerk of the. Supreme Court, the Clerk of the Court of First Instance of the Ninth Judicial District, the Chief of the General Land Registration Office, and the Superintendent of the Postal Savings Bank Division, Bureau of Posts – when acting within the limits of the City of Manila.

[3228–1.]

(b) Clerks of Courts of First Instance outside of the City of Manila, when acting within the judicial districts to which they respectively pertain.

(c) Justices of the peace, within the limits of the territory over which their jurisdiction as justices of the peace extends; but auxiliary justices of the peace and other of who are by law vested with the office of justice of the peace ex officio shall not, solely by reason of such authority, be also entitled to act in the capacity of notaries ex officio.

(d) Any government officer or employee of the Department of Mindanao and Sulu appointed notary public ex officio by the Judge of the Court of First Instance, with jurisdiction co-extensive with the province wherein the appointee is stationed, and for a term of two years beginning upon the first day of January of the year in which the appointment is made.

The authority conferred in subsections (a) and (b) hereof may, in the absence of the chief or clerk of court, be exercised by an assistant chief, acting chief, or deputy clerk of court pertaining to the office in question.

[2657–276; 2664–04.]

SECTION 243. Notary public ex officio required to use register. – No person shall do any act in the capacity of notary public ex officio in cases where full notarial authentication is required unless he shall have the prescribed notarial register; but the notarial acts of an assistant chief, acting chief, or deputy clerk shall be entered in the same register as would be used by his principal.

[2657–277.]

ARTICLE IV

Notarial Seal

SECTION 244. Seal of notary public. – Every person appointed to the position of notary public shall have a seal of office, to be procured at his own expense, which shall be affixed to papers officially signed by him. It shall be of metal and shall have the name of the province and the words (“Philippine Islands”) “Philippines” and his own-name engraved on the margin thereof, and the words “notary, public” across the center. An impression of such seal directly on the paper or parchment on which the writing is had shall be as valid as if made on wax or wafer.

In the case of the Chief of the General Land Registration Office or other clerk of court acting as notary public ex officio, it shall suffice to use the official seal of the court to which the officer in question pertains other officials authorized to act as notaries public ex officio are not required to keep or use a seal, unless especially so prescribed, by law.

[2657–278.]

ARTICLE V

Notarial Register

SECTION 245. Notarial register. – Every notary public shall keep a register to be known as the notarial register, wherein record shall be made of all his official acts as notary; and he shall supply a certified copy of such record, or any part thereof, to any person applying for it and paying the legal fees therefor.

Such register shall be kept in books to be furnished by the Attorney-General to any notary public upon request and upon payment of the actual cost thereof, but officers exercising the functions of notaries public ex officio shall be supplied with the register at Government expense. The register shall be duly paged, and on the first page the Attorney-General shall certify the number of pages of which the book consist.

[2657–279.]

SECTION 246. Matters to be entered therein – The notary public shall enter in such register, in chronological order, the nature of each instrument executed, sworn to, or acknowledged before him, the person executing, swearing to, or acknowledging the instrument, the witnesses, if any, to the signature, the date of the execution, oath, or acknowledgment of the instrument, the fees collected by hint for his services as notary in connection therewith, and; when the instrument is a contract, he shall keep a correct copy thereof as part of his records, and shall likewise enter in said records a brief description of the substance thereof, and shall give to each entry a consecutive number, beginning with number one in each calendar year. The notary shall give to each instrument executed, sworn to, or acknowledged before him a number corresponding to the one in his register, and shall also state on the instrument the page or pages of his register on which the same is recorded. No blank line shall be left between entries.

When a notary public shall protest any draft, bill of exchange, or promissory note, he shall make a full and true record in his notarial register of all his proceedings in relation thereto, and shall note therein whether the demand or the sum of money therein mentioned was made, of whom, when, and where; whether he presented such draft, bill, or note; whether notices were given, to whom, and in what manner; where the same was made, and when, and to whom, and where directed; and of every other fact touching the same.

At the end of each week the notary shall certify in his register the number of instruments executed, sworn to, acknowledged, or protested before him; or if none such, certificate shall show this fact.

[2657–280]

A certified copy of each month’s entries as described in this section and a certified copy of any instrument acknowledged before them shall within the first ten days of the month next following be forwarded by the notaries public to the clerk of the Court of First Instance of the province and shall be filed under the responsibility of such officer: Provided, That if there is no entry to certify for the month, the notary shall forward a statement to this effect in lieu of the certified copies herein required.

[3068–1; C.A. 72–1.]

SECTION 247. Disposition of notarial register. – Immediately upon his notarial register being filled, and also within fifteen days after the expiration of his commission, unless reappointed, the notary public shall forward his notarial register to the clerk of the Court of First Instance of the province or of the City of Manila, as the case may be, wherein he exercises his office, who shall examine the same and report thereon to the judge of the Court of First Instance. If the judge finds that no irregularity has been committed in the keeping of the register, he shall forward the same to the chief of the division of archives, patents, copyrights, and trademarks. In case the judge finds that irregularities have been committed in the keeping of the register, he shall refer the matter to the fiscal of the province – and in the City of Manila, to the fiscal of the city – for action and the sending of the register to the chief of the division of archives, patents, copyrights, and trademarks shall be deferred until the termination of the case against the notary public.

[2657–281]

ARTICLE VI

Supervisory Authority of Judges Over Notaries Public

SECTION 248. Supervision of judges of first instance over notaries public. – The judge of the Court of First Instance in each judicial district shall at all times exercise supervision over the notaries public within his district and shall keep himself informed of the manner in which they perform their duties by personal inspection wherever possible, or from reports which he may require from them, or from any other available source.

In the City of Manila such supervision shall be exercised by one of the Judges of the Court of First Instance of the (Ninth) Fourth Judicial District (City of Manila) to be thereunto assigned by the judges of the nine branches of said court.

[2657–282.]

SECTION 249. Grounds for revocation of commission. – The following derelictions of duty on the part of a notary public, shall, in the discretion of the proper judge of first instance, be sufficient ground for the revocation of his commission:

(a) The failure of the notary to keep a notarial register.

(b) The failure of the notary to make the proper entry or entries in his notarial register touching his notarial acts in the manner required by law.

(c) The failure of the notary to send the copy of the entries to the proper clerk of Court of First Instance within the first ten days of the month next following.

(d) The failure of the notary to affix to acknowledgments the date of expiration of his commission, as required by law.

(e) The failure of the notary to forward his notarial register, when filled, to the proper clerk of court.

(f) The failure of the notary to make the proper notation regarding cedula certificates.

(g) The failure of a notary to make report; within a reasonable time, to the proper judge of first instance concerning the performance of his duties, as may be required by such judge.

(h) Any other dereliction or act which shall appear to the judge to constitute good cause for removal.

[2657–283; 3068–2.]

ARTICLE VII

Miscellaneous Provisions

SECTION 250. Affixing date of expiration of commission. – Notaries public shall affix to all acknowledgments taken and certified by them, according to law, a statement of the date on which their commissions expire.

[2657–284]

SECTION 251. Requirement as to notation of payment of (cedula) residence tax. – Every contract, deed, or other document acknowledged before a notary public shall have certified thereon that the parties thereto have presented their proper (cedula) residence certificates or are exempt from the (cedula) residence tax, and there shall be entered by the notary public as a part of such certification the number, place of issue, and date of each (cedula) residence certificate as aforesaid.

[2657–285.]

SECTION 252. Compensation of notaries public. – No fee, compensation, or reward of any sort, except such as is expressly prescribed and allowed by law, shall be collected or received for any service rendered by a notary public. Such moneys collected by notaries public proper shall belong to them personally. Officers acting as notaries public ex officio shall charge for their services the fees prescribed by law and account therefor as for Government funds.

[2657–286; see C.A. 66–1.]

TITLE V

Salaries and Compensation of Government Employees, Leave Law,
Travel-Expense Law, Assessment Law, Election Law, and
Various other Laws of General Application

CHAPTER 12

Salaries and Compensation of Government Employees

ARTICLE I

Salaries and Compensation in General

SECTION 253. Pay of United States officers detailed for duty in the Philippine Service. – An Officer of the United States Army or Navy, when detailed to perform the duties of an office under the (Insular) National Government, shall receive in lieu of the salary authorized for said office the difference between the pay actually received by him from the Army or Navy during said detail and the amount of said salary.

[2657–827; see C.A. 246, sec. 7(19).]

SECTION 254. Division of annual salary into fractional parts. – All annual salaries shall be divided into twelve equal installments, one of which shall be the pay for each calendar month; and in making payment for part of a month the amount to be paid for each day shall be determined by dividing the monthly pay into as many parts as there are days in the particular month.

[2657–328.]

SECTION 255. When salary begins to accrue. – Unless otherwise specially provided by law, the salary of any person appointed to a position in the Philippine service shall begin on the day he enters upon the discharge of the duties of his position.

[2657–329.]

SECTION 256. Date of taking effect of appointments and promotions. – Where a new position is created or the salary of an existing position is increased, appointment to such new position or promotion to the increased salary shall not be effective, unless expressly so provided, prior to the enactment of the law creating the new position or authorizing the higher salary; and aside from exceptional cases, approved as such by the proper Head of Department, an appointment or promotion shall not be effective as of a date prior to that upon which the appointment or promotion is actually made.

[2657–330.]

SECTION 257. Salary of employee transferred to other branch of service. – When an employee stationed in the (Philippine Islands) Philippines is transferred from one branch of the Government service to another, and a change of station is thereby rendered necessary, the salary incident to his new position shall begin when he leaves his former station, provided he travels to his new destination in ordinary course; otherwise he shall be allowed such salary prior to arrival at his new destination for such time only as is ordinarily consumed in travel between the places in question.

[2657–331.]

SECTION 258. Attendance of Government employee in certain proceedings. – When a Government employee is required to attend court as a witness or is required by lawful authority to render service as a witness or otherwise before a court-martial or in any extradition case or administrative proceeding of any sort, such service shall be deemed to be service in regular course of employment, and the salary accruing during the period thereof shall not be withheld.

[2657–340.]

SECTION 259. Inhibition against payment of extra compensation. – In the absence of special provision, persons regularly and permanently appointed under the Civil Service Law or whose salary, wages, or emoluments are fixed by law or regulation shall not, for any service rendered or labor done by them on holidays or for other overtime work, receive or be paid any additional compensation; nor, in the absence of special provision, shall any officer or employee in any branch of the Government service receive additional compensation on account of the discharge of duties pertaining to the position of another or for the performance of any public service whatever, whether such service is rendered voluntarily or is exacted of him under authority of law.

[2657–332; see C.A. 246, sec. 7(32) and C.A. 353(2).]

SECTION 260. Payment of salary accruing pending suspension. – When the Chief of a Bureau or Office suspends a subordinate officer or employee from duty, the person suspended shall not receive pay during suspension unless the Department Head shall so order; but upon subsequent reinstatement of the suspended person or upon his exoneration, if death should render reinstatement impossible, any salary so withheld shall be paid, but without prejudice to the application of the disciplinary provisions of section six hundred and ninety-five hereof.

In case of a person suspended by the (Governor-General) President of the Philippines[or by the President] no salary shall be paid during suspension unless so provided in the order of suspension; but upon subsequent reinstatement or exoneration of the suspended person, any salary so withheld may be paid in whole or in part, at the discretion of the officer by whom the suspension was effected.

[2657–333.]

SECTION 261. Extra compensation for substitutionary service. – In case of the temporary absence or disability of the chief of any Bureau or Office, without pay, or in cases of a vacancy in such position, the Department Head or person making temporary appointment may, in his discretion, order the payment of additional compensation to the substitute who acts or is designated temporarily to supply the place, which compensation with his existing salary shall not exceed the salary authorized by law for the position filled.

A person who serves as acting chief of a Bureau or Office during the suspension of the chief may also be paid additional compensation in the same manner, if upon the final disposition of the matter of such suspension, the full salary is not paid to the officer who was suspended.

[2657–334.]

SECTION 262. Payment of money due to deceased employee. – Where money is due to the estate of a deceased officer or employee for salary or compensation incident to leave, the same may be paid to the person or persons whom the (Insular) Auditor General shall ascertain to be lawfully entitled thereto; but such payment shall be without prejudice to the right of any person claiming said sum, or a part thereof, subsequently. to proceed by action in court against the person or persons who may have received the same.

[2657–335.]

ARTICLE II

Salaries of Appointees from United States

SECTION 263. Salaries of appointees from United States. – A person residing in the United States who is appointed to a position in the Philippine civil service shall receive full salary from the date of his arrival in the (Islands) Philippines; and he shall receive half salary from the date of his embarkation[or in case of a judge of a court, from the date of his leaving home to come to Manila] until the date of his arrival provided he proceeds directly to the (Islands) Philippines by the route, indicated for him, otherwise for such time only as is ordinarily required to perform the journey by that route.

Except in the case of judges of courts, the half salary earned en route shall not be paid until after two years of satisfactory service in the (Islands) Philippines, unless prior thereto the appointee dies or is involuntarily separated from the service without fault.

[2657–336.]

SECTION 264. Half salary upon retirement. – A regularly appointed officer or employee, not being a judge of a court, who has come to the (Islands) Philippines upon appointment from the United States, and who has rendered continuous, faithful, and satisfactory service for three years or more after arrival in the (Philippine Islands) Philippines, shall, upon his retirement from the service, be allowed half salary for thirty days in addition to full salary for the period which may be granted him as leave of absence.

If appointed prior to January twelfth, nineteen hundred and four, such person shall also be furnished transportation from Manila to San Francisco or transportation of equal cost to the Government by any other route; but the transportation must be used within six months after retirement from the service.

A teacher who has come to the (Islands) Philippines from the United States or from a foreign country under regular appointment or who has received such regular appointment in the (Philippine Islands) Philippines, and who has rendered under said appointment continuous, faithful, and satisfactory service in the Bureau of Education or is the Office of the Secretary of Public Instruction in the enforcement of Act Numbered Twenty-seven hundred and six, as amended, for three or more years after reporting for duty in the (Islands) Philippines, shall, upon retirement, in addition to the half salary provided for in the first paragraph of this section, also be entitled to actual travel expenses from Manila to his place of residence in the United States or in a foreign country, at the time of his appointment as follows: To those who have served three but less than four years under present appointment, actual travel expenses but not to exceed three hundred pesos; to those who have served four but less than five years under present appointment, actual travel expenses but not to exceed six hundred and fifty pesos; to those who have served five or more years under present appointment, actual travel expenses but not to exceed one thousand pesos. The travel expenses as herein provided may be applied on actual return transportation other than the most direct route. The term under present appointment means the appointment under which a teacher is serving at the time the travel expenses herein granted are applied for, and the word teacher includes principal, supervisor, and superintendent. The maximum credit allowed a teacher for service rendered prior to March thirty-first, nineteen hundred and fifty-five shall not exceed two years. No period of service can be credited more than once towards the required accumulation herein prescribed. A teacher may elect toward which of the above travel expenses he desires to accumulate service. Not more than three months of leave without pay can be counted as a part of the said required period of service. The journey for which the travel expenses are claimed shall be made within six months after the date of the retirement. A teacher who retires under the provisions of Act Numbered Twenty-five hundred and eighty-nine, as amended, and Act Numbered Three thousand and fifty, as amended by Act Numbered Thirty-one hundred, and a teacher entitled to the privilege granted by the preceding paragraph, shall not be entitled to the travel expenses herein created.

[2657–337; 3186–1.]

ARTICLE III

Scale of Salaries

SECTION 265.[Scale of salaries received by Government employees.] – (Repealed)

[2657–338; see Ex. Or. No. 174, dated November 7, 1938.]

SECS. 3, 5 and 14, Commonwealth Act No. 402, provide as follows:

“SEC. 3. Schedule of grades and rates of compensation. – With the exception of the special groups provided in section five hereof, the positions to which this Act applies are classified into ten grades. Such grades and their rates of annual compensation are as follows:

  Grade Rates of compensation
1 __________________ _____ P5,100 P5,400 P6,000
2 __________________ P3,960 4,200 4,500 4,800
3 _ _________________ 3,120 3,300 3,480 3,720
4 __________________ 2,400 2,580 2,760 2,940
5 __________________ 1,920 2,040 2,160 2,280
6 __________________ 1,440 1,560 1,680 1,800
7 __________________ 960 1,080 1,200 1,320
8 __________________ 720 780 840 900
9 __________________ 480 540 600 660
10 __________________ _____ _____ 360 420

“(a) Grade 1 shall include all classes of positions the duties of which are, under administrative direction and with very wide latitude for the exercise of independent judgment, to serve as head of a very large or very important division or other unit of organization of similar import, engaged in work involving technical training and extended experience on the part of the employees; or to supervise the design and installation of complex and important accounting office, or institutional system, methods, and procedures; or to plan, organize, and conduct investigations in original research or in development work in professional, scientific, or technical fields; or to perform the most important, difficult, and responsible work along highly specialized professional, scientific, or technical lines; requiring training extended experience, and demonstrated attainments of an exceptionally high order.

“(b) Grade 2 shall include all classes of positions the duties of which are, under administrative direction and with wide latitude for the exercise of independent judgment, to serve as head of a large or important division or other unit of organization of similar import, engaged in work involving technical training and extended experience on the part of the employees; or to plan, organize; and conduct investigations in original research or in development work in a professional, scientific, or technical field; or to perform the most important, difficult, and responsible work along specialized professional, scientific, or technical lines, requiring training, extended experience, and demonstrated attainments of a high order.

“(c) Grade 3 shall include all classes of positions the duties of which are, under administrative direction and with considerable latitude for the exercise of independent judgment, to serve as head of division or other unit of organization of similar import, engaged in work involving technical training and considerable experience on the part of the employees; or to perform exceptionally difficult, important, and responsible work along professional, scientific, and technical lines, requiring training and extended experience and demonstrated attainments or along very highly specialized clerical lines requiring extended training and mastery in stenography, translation, or other kindred subjects.

“(d) Grade 4 shall include all classes of positions the duties of which are, under direction and with considerable latitude for the exercise of independent judgment, to serve as head of a small division, or of a very large or very important section, or other unit organization of similar import, engaged in work involving technical training and considerable experience on the part of the employees; or to perform very difficult, important, and responsible work along professional, scientific, or technical lines, requiring training, considerable experience, and demonstrated executive ability, or along highly specialized clerical work, requiring training, extended experience and proficiency in stenography, or translation and kindred subjects.

“(e) Grade 5 shall include all classes of positions the duties of which are, under direction and with considerable latitude for the exercise of independent judgment, to serve as head of a large section or other unit of organization of similar import, engaged in difficult, specialized work; or to perform difficult, important, and responsible work along professional, scientific, technical or specialized clerical lines, requiring training, considerable experience, and demonstrated capacity for sound independent work, and an intimate knowledge of a special subject matter, and/or superior skill in crafts or arts.

“(f) Grade 6 shall include all classes of positions the duties of which are, under direct supervision and with substantial latitude for the exercise of independent judgment, to serve as head of a section or other unit of organization of similar import, engaged in varied and difficult work; or to perform moderately difficult, important, and responsible work along professional, scientific, technical, or specialized clerical lines, requiring training and moderate experience, or a lower training but considerable experience, thorough knowledge of a special subject matter, and/or unusual skill in crafts or arts.

“(g) Grade 7 shall include all classes of positions the duties of which are, under general supervision and with some latitude for the exercise of independent judgment, to serve as head of a small section or other unit of organization of similar import, engaged in difficult but routine work; or to perform somewhat difficult, and responsible work along professional, scientific, or technical lines, or along clerical lines, requiring training and moderate experience, or lower training but considerable experience, and a good knowledge of a special subject matter; or skill in arts, crafts, or trades.

“(h) Grade 8 include all classes of positions the duties of which are, under immediate or general supervision and with some latitude for the exercise of independent judgment, to perform responsible work along technical or clerical lines, requiring training and moderate experience, and a broad knowledge of a special subject matter; or simple elementary work requiring scientific or professional training with little or no experience; or subordinate professional or scientific work requiring training and experience; or important, difficult, and responsible subordinate vigilance work; or skill in crafts or manual labor.

“(i) Grade 9 shall include all classes of positions the duties of which are, under immediate or general supervision and with limited latitude for the exercise of independent judgment, to perform simple but responsible work along technical, clerical, messengerial, or subordinate vigilance lines; or simple and elementary subordinate professional or scientific tasks, or. semi-skilled crafts or manual labor, requiring training or advanced apprenticeship in subordinate professional or scientific work, or crafts.

“(j) Grade 10 shall include all classes of positions the duties of which are, under immediate supervision, to perform the simplest routine clerical, messengerial, or custodial tasks, or unskilled manual labor, including apprenticeship in subordinate professional or scientific work or crafts.”

“SEC. 5. Special groups. – Positions not subject to classification by the Board shall constitute the special groups as follows:

“(a) Executive group. – The positions included in this group and their annual rates of compensation are:

“(1) The Department Secretaries; the Secretary to the President, and the Commissioner of the Budget, at twelve thousand pesos per annum each;

“(2) The Undersecretaries of Department, the Commissioner of Civil Service, the Commissioner for Mindanao and Sulu, the Commissioner of Health and Welfare, the Assistant Secretary to the President, and the Deputy Auditor General, at nine thousand pesos per annum each;

“(3) The Solicitor-General and the Securities and Exchange Commissioner, at eleven thousand pesos per annum each;

“(4) The Directors of Animal Industry, Commerce Education, Forestry, Health, Lands, Mines, Prisons, National Library, Plant Industry, Posts, Printing, Public Welfare, Public Works, Science, Aeronautics and Coast Geodetic Survey; the Bank Commissioner; the Insular Collector of Customs; the Collector of Internal Revenue, the Treasurer of the Philippines, the Chief of the General Land Registration Office, and the Manager of the National Information Board, at seven thousand two hundred pesos per annum each: Provided, That when there is appropriation available, the President may authorize the payment of additional compensation of not more than eighteen hundred pesos per annum each to the Director of Public Works; the Director of Mines, the Insular Collector of Customs, the Collector of the Internal Revenue, and the Treasurer of the Philippines.

“(5) The Director of Labor, the Director of the Weather Bureau, the Director of Private Education, the Director of Adult Education, the Director of the Institute of National Language, the National Physical Director, the Assistant Solicitors General of the Bureau of Justice, the Deputy Commissioner of Civil Service, the Assistant Bank Commissioner and the Assistant Directors of the bureaus mentioned in subparagraph (4) hereof, at six thousand pesos per annum;

“(b) Judicial group. – The positions included in this group and their annual rates of compensations are:

“(1) The Presiding Justice of the Court of Appeals, at thirteen thousand pesos per annum;

“(2) The Associate Justices of the Court of Appeals, at twelve thousand pesos per annum each;

“(3) The District Judges of the Court of First Instance, at ten  thousand pesos per annum each;

“(4) The Judges at large of the Courts of First Instance, at nine thousand pesos per annum each;

“(5) The Senior Judge of the Court of Industrial Relations, at eleven thousand pesos per annum;

“(6) Two other Judges of the Court of Industrial Relations, at ten thousand pesos each per annum;

“(7) The Public Service Commissioner, at eleven thousand pesos per annum;

“(8) The Deputy Public Service Commissioner, at nine thousand per annum;

“(9) The justices of the peace of the capital of the first-class provinces, at three thousand six hundred pesos per annum each; the justices of the peace of the capital of the second-class provinces, at three thousand pesos per annum each; the justices of the peace of the capital of the third-class provinces, at two thousand four hundred pesos per annum each; and the justices of the peace of all other provincial capitals, including the capitals of subprovinces, at one thousand eight hundred pesos per annum each;

“(10) The justices of the peace of first-class municipalities, from one thousand two hundred to one thousand four hundred forty pesos per annum each; the justices of the peace of second-class municipalities, from one thousand eighty to one thousand two hundred pesos per annum each; the justices of the peace of third-class and fourth-class municipalities, municipal districts and other places not specially provided for by law, from nine hundred and sixty to one thousand eighty pesos per annum each; Provided, That the Secretary of Justice shall, with the approval of the President, fix the salary of each justice of the peace within the above limitations, taking into consideration, among other things, the number of cases docketed in his court and the accessibility and means of transportation available between the different municipalities under his jurisdiction: Provided, further, That when a justice of the peace is appointed to act as justice of the peace of a district composed of two or more municipalities, or when he is designated to act temporarily in one or more municipalities in addition to his own municipality or district, in the first case, he shall be entitled to the salary of the largest municipality in his district, plus seventy-five per centum of the salary for the other municipality or municipalities therein; and, in the second case, he shall be entitled to the full salary of his municipality or district; plus seventy-five per centum of the salary for each municipality in which he is temporarily designated to act; but in no case shall he be entitled to an aggregate salary of more than two thousand and four hundred pesos per annum: And, provided, finally, That the capital of a province shall not be grouped with any municipality.”

“SEC. 14. Limitations of salary rates. – All original appointments shall be made at the minimum rate of compensation for the appropriate grade, except as otherwise provided in this Act; and no appointments to positions subject to the provisions of this Act shall be made except at rates of compensation in conformity to the rates prescribed herein: Provided, however, That in the case of employees in Grade 10, entrance salary may be fixed by the Board at the maximum rate.”

SECTION 266.[Minimum salary payable in absence of specific authority.] – (Repealed)

[2657–339.]

CHAPTER 13

Leave Law

PRELIMINARY ARTICLE

Title of Chapter

SECTION 267. Title of chapter. – This chapter shall be known as the Leave Law.

[2657–345.]

ARTICLE I

Leave of Judges

SECTION 268. Leave of absence of (judges) justices of Supreme Court and Court of Appeals. – During vacation of the Supreme Court and the Court of Appeals, the (judges) justices not assigned to vacation duty shall be upon vacation leave; and if no court vacation is declared for any year each of the (judges) justices shall become entitled to two months’ leave in lieu of court vacation. In the case of those who are assigned to vacation duty, they shall be entitled to vacation leave at any subsequent time for the same number of days that they spend on vacation duty but not exceeding two months per year.

[2657–346; C.A. 220–1.]

SECTION 269.[Accumulation of leave.]  – (Repealed)

[2657–347.]

SECTION 270. Approval of leave. – The right of the (judges) justices of the Supreme Court to leave of absence may be exercised by them subject only to approval in such manner as the court by resolution may direct, provided all such leaves of absence shall be so arranged as never to deprive the court of a quorum during its regular sessions.

[2657–348.]

SECTION 271. Leave of absence of judges of first instance. – During the yearly court vacation, the judges and (auxiliary judges) judges-at-large of first instance not specially assigned to vacation duty shall be upon vacation leave. In the case of those who are assigned to vacation duty, they shall be entitled to vacation leave at any subsequent time for the same number of days that they spend on vacation duty but not exceeding two months.

[2657–349; C.A. 220–2.]

SECTION 272.[How leave may be taken.] – (Repealed)

[2657–350.]

SECTION 273.[Commutation of salary.] – (Repealed)

[2667–351.]

ARTICLE II

Teachers’ Leave

SECTION 274. Vacation and leave of teachers. – During the yearly school vacations, persons in the teaching service other than the class that may be designated for continuous duty, under section two hundred and seventy-five hereof, shall be entitled to vacation leave.

[2657–352; C.A. 220–3.]

SECTION 275. Persons in teaching service designated for continuous duty in vacation periods. – For the good of the service, the Director of Education, or in the case of employees of the University of the Philippines, the President of the University, may, with the approval of the Secretary of Public Instruction, designate persons in the teaching service for continuous duty. Teachers so designated shall be entitled to the vacation leave and sick leave prescribed by section two hundred and eighty-five-A of this Act, and shall render the same hours of service as other employees entitled to vacation leave and sick leave.

[2657–353; C.A. 220–3.]

ARTICLE III

Accrued Leave

SECTION 276.[Persons entitled to accrued leave.]  – (Repealed)

[2657–354; 2911–1; 3087–1; 3374–1.]

SECTION 277.[Computation of leave and pay earned under different salaries.]  – (Repealed)

[2657–355.]

SECTION 278.[Anticipation of leave to accrue during absence.] – (Repealed)

[2657–356.]

SECTION 279.[Persons not entitled to accrued leave.]  – (Repealed)

[2657–357.]

SECTION 280.[Accumulation of accrued leave.]  – (Repealed)

[2657–358; 2990–1.]

SECTION 281.[Accrued leave for legislative employees.]  – (Repealed)

[2657–359.]

SECTION 282.[Payment of equivalent of leave of deceased person.]  – (Repealed)

[2657–360.]

SECTION 283.[Time of application for persons resigning.]  – (Repealed)

[2657–361.]

ARTICLE IV

Vacation Leave and Sick Leave

SECTION 284. Vacation leave. – After at least six months’ continuous, faithful, and satisfactory service, the President or proper head of department, or the chief of office in the case of municipal employees may, in his discretion, grant to each regularly appointed officer or employee of the National Government, the provincial government, the government of a chartered city, of a municipality or of a municipal district, in any regularly or specially organized province, other than those mentioned in sections two hundred sixty-eight, two hundred seventy-one, and two hundred seventy-four hereof, fifteen days’ vacation leave of absence with full pay, inclusive of Sundays and holidays, for each calendar year of service.

[2657–362; 3087–3; 3374–2; C.A. 220–5; C.A. 490–1.]

SECTION 285. Vacation leave for craftsmen and classified apprentices of the Bureau of Printing. – A craftsman or classified apprentice of the Bureau of Printing may be granted fifteen days’ vacation leave, at the salary received by him upon taking such leave, after at least one year of continuous, faithful, and satisfactory service as craftsman or classified apprentice, in accordance with the civil service rules and such other rules as the Department of Finance may prescribe, and the Head of said Department may suspend the vacation leave granted, or part thereof, if in his judgment the needs of the public service require it.

[2657–363; 2799–1; 2861–1; 3087–4; C.A. 220–6.]

SECTION 285-A. Sick leave in addition to vacation leave. – In addition to the vacation leave provided in the two preceding sections each regularly and permanently appointed officer or employee of the National Government, the provincial government, the government of a chartered city, of a municipality or municipal district in any regularly and specially organized province, other than those mentioned in sections two hundred sixty-eight, two hundred seventy-one and two hundred seventy-four hereof, shall be entitled to fifteen days of sick leave for each year of service with full pay, inclusive of Sundays and holidays: Provided, That such sick leave will be granted by the President, Head of Department or independent office concerned, or the chief of office in case of municipal employees, only on account of sickness on the part of the employee concerned or of any member of his immediate family, not due to vicious and immoral habits, intemperance or willfull misconduct.

[C.A. 220–7; C.A. 490–1.]

SECTION 286. When vacation leave and sick leave may be taken. – Vacation leave and sick leave shall be cumulative and any part thereof which may not be taken within the calendar year in which earned may be carried over to the succeeding years, but upon separation from the service of any officer or employee, any accumulated vacation or sick leave to his credit shall be forfeited: Provided, That the total vacation leave and sick leave that can accumulate to the credit of any officer or employee shall, in no case, exceed five months: Provided, further, That the proper Department Head may in his discretion authorize the commutation of the salary that would be received during the period of the vacation leave of any permanently appointed officer or employee or teacher of the Philippine Government and direct its payment on or before the beginning of such vacation from the fund out of which the salary would have been paid.

[2657–364; C.A. 220–8].

ARTICLE V

Sundry Provisions Applicable to Persons Entitled to Accrued Leave or Teacher’s Leave

SECTION 287.[Leave to go abroad – Half pay and travel allowance.] – (Repealed)

[2657–365; 3186–2; 3599–1.]

SECTION 288.[Commutation of salary for persons on leave.] – (Repealed)

[2657–366; 2990–2.]

SECTION 289.[Commutation of salary in case of separation from service.] – (Repealed)

[2657–367.]

SECTION 290.[Return to duty pending leave.] – (Repealed)

[2657–368.]

SECTION 291.[Absence of teachers from duty on account of illness.]

[2657–369.]

SECTION 292.[Absence of other employees from duty.]

[2657–370.]

SECTION 293. Withholding of salary incident to leave. – Payment of salary to an officer or employee for any absence during his first six months of service properly chargeable to vacation leave or sick leave shall be withheld until such leave may properly be taken under the provisions of this chapter; though in case of absence due to illness the President or proper Head of Department may direct that payment for such absence be not withheld if not in excess of the vacation leave and sick leave to his credit.

[2657–371; C.A. 220–9.]

SECTION 294. Application – Action of office chief. – Application for[accrued or] vacation leave shall first be acted upon by the chief of the Bureau or Office to which the applicant pertains. It shall then be transmitted by such chief to the (Director) Commissioner of Civil Service.

[2657–372.]

SECTION 295. Final determination by Department Head. – The respective Heads of Departments may authorize the Commissioner of Civil Service to act finally upon the application in all cases in which he approves the recommendation of the chief of the Bureau or Office in regard to such leave. Otherwise the matter shall in all cases be determined finally by the Department Head.

[2657–373; C.A. 220–9.]

CHAPTER 14

Travel Expense Law

PRELIMINARY ARTICLE

Title of Chapter

SECTION 296. Title of chapter. – This chapter shall be known as the Travel Expense Law.

[2657–380.]

ARTICLE I

Travel Expense Incurred by Government Officers and Employees in Philippines

SECTION 297. Definition of “travel expense.” – “Travel expense” shall be held to include not only the actual and necessary expenses of transportation of one’s person and essential baggage but also the actual and necessary expenses of subsistence and lodging while en route or absent from permanent station, together with such other items necessarily incidental thereto as shall, by regulation, be allowed by the Auditor with the approval of the (Governor-General) President of the Philippines.

[2657–381.]

SECTION 298. Travel expense of (insular) national employees. – When traveling or when absent from their permanent stations on official business, officers and employees of the (Insular) National Government shall be allowed their travel expenses, to be charged to the Bureau or Office for which the service is rendered.

[2657–382.]

SECTION 299. Manner of payment of travel expenses. -[Travel expenses shall be allowed either in the form of payment of the travel expenses actually and necessarily incurred, or in the discretion of the chief of Bureau or head of Office, by the payment of per diems, or fractional per diems, in lieu of expenses other than transportation.

Per diems shall not be allowed to members of field parties or others for whom subsistence in kind is supplied or other special provision made to cover travel expense.

When travel is done by water and subsistence is not included in the transportation the amount actually and necessarily expended for subsistence shall be paid, and no per diem shall be allowed in lieu thereof.]

[2657–383; 2857–1.]

SECTION 300. Schedule of per diems for (insular) officers and employees of the National Government. -[Per diems, when allowed, shall be in accordance with the following schedules:

(a) Officers and employees receiving a salary of less than one thousand two hundred pesos per annum, a per diem of one peso.

(b) Those receiving one thousand two hundred pesos or more per annum, but not exceeding one thousand eight hundred pesos per annum, a per diem of two pesos.

(c) Those receiving more than one thousand eight hundred pesos per annum, but not exceeding two thousand four hundred pesos per annum, a per diem of three pesos.

(d) Those receiving more than two thousand four hundred pesos per annum, but not exceeding six thousand pesos per annum, a per diem of four pesos.

(e) Those receiving more than six thousand pesos per annum, a per diem of five pesos.

Persons whose compensations are stated at rates other than per annum may be given the allowances authorized for employees at a corresponding per annum compensation.]

[2657–384.]

SECTION 301. Control of head of Office over allowance of per diems. – Chiefs of bureaus and heads of offices shall make such examination in passing upon per diems as may be necessary to satisfy their minds that the per diems allowed will not more than reimburse employees for necessary travel expenses and will not constitute an increase of salary.

[2657–385.]

SECTION 302. Per diems of detailed Army and Navy officers. -[Officers of the United States Army or Navy detailed for duty with the Insular Government shall receive, when traveling on official business of this Government, the per diems corresponding to the salary of the position which the officers are filling under detail, and subject to the same conditions as other officers; and, if no salary is fixed by law for such position, the officers shall be considered as included in the class for which a per diem of five pesos is authorized.]

[2657–386.]

SECTION 303. Travel expense and subsistence of members of (Philippine Legislature) National Assembly. – Each member of the (Philippine Legislature) National Assembly, (the private secretary to the President of the Senate) and the private secretary to the Speaker of the (House) National Assembly, shall receive his travel expense en route from his home to Manila and return, once for each session which he actually attends.[He shall also receive his actual and necessary expenses for lodging and subsistence in Manila from the date of his arrival until the day of the opening of the session, if he arrives by the steamer, conveyance, or train next preceding such opening, or, if he arrives sooner, from the time of the arrival of such steamer, conveyance, or train and the similar expenses incurred after the adjournment of the session until the departure of the first steamer, conveyance, or train for return to his home.]

[2657–387.]

SECTION 304. Travel expense of provincial employees. – Officers and employees of provincial governments when traveling, or when absent from their permanent stations on official business, shall be allowed travel expenses as follows, to be paid from the funds of their respective provinces:

(a) When traveling by water transportation, the actual travel expenses incurred.

(b) While in the City of Manila, a per diem of six pesos, which shall include transportation while in said city.

(c) When otherwise traveling or absent from station, the cost of transportation of person and essential baggage, together with a per diem to be fixed by the provincial board for expenses other than transportation, which per diem shall not exceed two pesos unless the Department Head shall approve a greater allowance.

Officers and employees who are technically in the (Insular) National service but whose salary or compensation is paid by the province in which their service is performed shall be on the same footing in regard to the allowance of travel expenses as other provincial employees.

[2657–388.]

SECTION 305. Travel expense of employee transferred to other branch of service. – When a Government employee is transferred from one branch of the service in the (Islands) Philippines to another, he shall be entitled to receive from the branch of the service to which he is transferred reimbursement of the travel expense incurred in reaching his new permanent station or place where he is assigned to duty.

[2657–389.]

SECTION 306. Travel expense of appointee going to station. – When a resident of the (Philippine Islands) Philippines, not already in the Government service, is appointed to a position which necessitates a change of residence, he shall receive from the branch of the service to which he is appointed reimbursement of the travel expense incurred in going to his permanent station or place where he is assigned to duty.

[2657–390.]

ARTICLE II

Travel Expense of Persons En Route Between the United States and Manila

SECTION 307. Travel expenses of judges. – A judge, who at the time of his appointment resides in the United States, shall, upon entering the service, be allowed the travel expense of himself and family from his place of residence to Manila; and if one has been employed as judge in the (Philippine Islands) Philippines for three years, he shall, if he so requests, upon his retirement from the service, be furnished with transportation for himself and family from Manila to his place of residence.

[2657–391.]

SECTION 308. Refund to employee of travel expense paid by him. – Except in the case of a judge, the travel expense of an appointee to the Philippine Civil Service, paid by himself, from his place of residence in the United States to Manila shall, if the journey be consummated by the route and steamer directed, be refunded to him at the expiration of two years’ continuous, faithful, and satisfactory service, after his arrival in the Philippines such refund to be made from the funds of the Bureau, Office, or province with which he is at that time connected.

[2657–392.]

SECTION 309. Deduction from salary for travel expense advanced – Final refund to employee. – When an employee is coming to Manila, the cost of his transportation, or any part thereof, may be advanced to him by the Government; and when this is done, the amount of such advance shall be made a charge against the Bureau, Office, or province to which he is assigned on his arrival, or return; and in such event ten per centum of his monthly salary shall be retained and paid into the (Insular) National Treasury to the credit of a travel-expense trash fund, until the amount so paid in is equal to the amount paid out by the Government. At the end of the period of two years of satisfactory service the amount so paid by the employee shall be returned to him from such fund.

[2657–393.]

SECTION 310. Audit and certification of accounts for travel expenses. – Accounts of employees for expenses of travel from the United States or foreign countries to Manila shall be filed with the (Insular) Auditor General upon their arrival in Manila, for advance audit and subsequent certification to the proper Bureau, Office, or province for payment when due.

[2657–394.]

ARTICLE III

Applications for Ocean Transportation

SECTION 311. Applications for transportation on commercial steamship. – Where a commercial steamship company makes a concession from its regular rates for ocean transportation in favor of persons in the Government service, members of their families, fiancees, or other persons dependent upon them, official requests for such transportation and the necessary certificates showing the right of the applicants to such concession shall, when required, be supplied by or under the authority of the (Governor-General) President of the Philippines.

SECTION 312. Applications for transportation on Army transports. – Applications for ocean transportation upon United States Army transports in behalf of persons in the Philippine service entitled to such transportation, together with any certificate, or certificates, required in connection therewith, shall also be transmitted by or under the authority of the (Governor-General) President of the Philippines to the department quartermaster of the United States Army or other official having control of such transportation.

CHAPTER 15

Public-Bonding Law

SECTION 313. Title of chapter. – This chapter shall be known as the Public-Bonding Law.

[2657–398.]

SECTION 314. Persons bondable in the fidelity fund. – Every officer, agent, and employee of the Government of the (Philippine Islands) Philippines or of the companies or corporations the majority of the stock of which is held by the (Insular) National Government shall, whenever the nature of the duties performed by such officer, agent, or employee permits or requires the custody of funds or property for which he is accountable, be deemed a bondable officer; and except as otherwise provided, every such person shall be bonded, or bondable, and his fidelity insured, in accordance with the provisions of this chapter.

Justices of the peace, with the exception of the[justice of the peace] of the City of Manila, are excluded from the bonding requirements of this chapter.

[2657–399; 2853–1.]

SECTION 315. Administrative regulations. – The administrative regulations necessary for carrying into effect the provisions of this chapter relative to the fidelity fund and insurance of Government officers therein shall be prescribed by the (Insular) Treasurer of the Philippines with the approval of the Department Head.

[2657–400.]

SECTION 316. Persons bondable in discretion of Auditor. – The fidelity of the following officers shall be insured in the fidelity fund only when the (Insular) Auditor General shall in his discretion so direct.

(a) Officers discharging their duties in the United States or in any foreign country.

(b) Officers accountable to others who are primarily accountable.

(c) Officers who perform their services gratuitously, not being employed in some other governmental capacity with remuneration.

(d) Officers of the Army or Navy of the United States detailed for duty in the Philippine service.

(e) Officers whose accountability is in an amount less than five hundred pesos.

[2657–401.]

SECTION 317. Amount of insurance – How fixed. – The (Governor-General) President of the Philippines shall fix the amount of insurance to be carried on the (Insular) Treasurer of the Philippines and Assistant (Insular) Treasurer of the Philippines. The like duty shall be performed as regards other officers, by the (Insular) Auditor General who shall keep a record of all officers insured in the fidelity fund.

[2657–402.]

SECTION 318. Extent of liability and conditions of insurance. – An officer whose fidelity is insured under the provisions hereof shall, from the moment he assumes the duties of office, be considered bonded to the Government of the (Philippine Islands) Philippines for the benefit of whom it may concern, for the faithful performance of all duties now or hereafter imposed by law upon him and for the faithful accounting for all public funds and public property coming into his possession, custody, or control by appropriation, collection, transfer, or otherwise, as well as for the lawful payment, disbursement, expenditure, or transfer of all such public funds or property in his possession or custody or under his control as an accountable or responsible officer.

[2567–403.]

SECTION 319. Notification of officer’s accession to bondable office – Treasurer’s record of bonded officers. – The chief of a Bureau or Office to which any bonded position pertains shall, upon the appointment or lawful accession of any person thereto, at once notify the (Insular) Treasurer of the Philippines. Similar notification shall be given in case of any change or vacancy occurring in such position. In the provinces this duty shall be performed by the provincial treasurers for all bonded positions under both the provincial and municipal governments’ separately or jointly; in cities incorporated under special charters the duty shall be performed by the chief executive officer thereof. Such notification shall be in such form and contain such information as the (Insular) Treasurer of the Philippines shall require.

Upon receiving notification, the (Insular) Treasurer of the Philippines shall place the name of the officer so certified upon a record of bonded officers to be kept by him and shall notify the chief of Bureau or head of Office of such action.

[2657–404.]

SECTION 320. Unsafe risks – How dealt with by (Governor-General) President of the Philippines. – When a person insured or about to be insured in said fund is not, in the judgment of the (Insular) Auditor General or (Insular) Treasurer of the Philippines, a safe and conservative risk, owing to character, associations, or habits, the facts shall be reported to the Secretary of Finance, who, if he disapproves the risk, will recommend to the (Governor-General) President of the Philippines or to the proper Head of Department the removal or relief of the officer of such duties as require insurance.

[2657–405.]

SECTION 321. Determination of premium rates – Collection of premium. – The (Insular) Treasurer of the Philippines, with the approval of the Secretary of Finance, shall fix, and may from time to time change, the uniform annual rate of premium chargeable for insurance under this chapter.

Premiums shall be due and payable semi-annually in advance, and shall be collected by the (Insular) Treasurer of the Philippines.

[2657–406.]

SECTION 322. Payment of premium. – The bureau, office, province, municipality, or other branch of the Government to which the officer insured pertains shall pay the whole premium on his bond. When an official is acting in a bonded capacity for two or more governmental units the premium on his bond shall be paid by the respective units served in such proportion and in such manner as the (Insular) Auditor General shall determine.

[2657–407; 3373–1.]

SECTION 323.[Persons exempt from individual liability.] – (Repealed)

[2657–408.]

SECTION 324.[Reimbursement of officer in certain cases.] – (Repealed)

[2657–409.]

SECTION 325. Constitution and maintenance of fidelity fund. – The fidelity fund shall be constituted and maintained as a permanent reimbursable fund, at an amount not in excess of one hundred thousand pesos, and shall consist of all moneys that heretofore have been or should have been lawfully covered into the fidelity fund, as heretofore constituted, and of its own future accretions resulting either from premiums, profits on investments, or payments made to replace shortages, losses, or defalcations of any sort. But any excess over the limit of one hundred thousand pesos shall revert to the general funds.

[2657–410.]

SECTION 326. Application and use of fidelity fund – Determination and payment of loss. – The fidelity fund shall be available for the purpose of replacing defalcations, shortages, and unrelieved losses in the accounts of bonded officers, for the payment of fees and costs incident to civil proceedings brought against them to recover sums paid on their account from said fund, and for the payment of such expenses of administration and operation of the fidelity fund as may be incurred in carrying out the provisions of this chapter.

In case the total claims payable from the fidelity fund shall at any time exceed the capital and net earning pertaining thereto, the amount necessary to cover such deficit shall be advanced from the general surplus of the (Insular) National Government until such time as the overdraft shall have been offset by the future net earnings of the fund.

[2657–411.]

SECTION 327. Adjudication and payment of claims. – Any and all claims against the fidelity fund shall be made or forwarded to the (Insular) Auditor General together with the evidence relating thereto, and if he shall recommend payment of the same, or a part thereof, and such recommendation shall receive the approval of the Secretary of Finance, the same shall be a legal claim against the fidelity fund and shall be paid, but not otherwise.

[2657–412.]

SECTION 328. Payment of loss occasioned to private party by dereliction of bonded officer. – When any person whosoever suffers loss in money or property intrusted to an officer insured in the fidelity fund who receives such money or property by virtue of his official position, the head of the Bureau or Office concerned and the (Insular) Auditor General may, after ascertaining and fixing the amount of the loss, recommend that such loss be paid out of the fidelity fund, and the same shall be so paid upon approval by the Secretary of Finance, as in other cases.

[2657–413.]

SECTION 329. Liability of officer primarily accountable as affected by insurance of subordinate. – When a person accountable to another who is primarily accountable is insured in the fidelity fund and a loss, chargeable to that fund, occurs by reason of the dereliction of the former, the officer primarily accountable shall not be held liable to the Government, except for the excess, if any, of the loss over such insurance; and in no case shall he be required to answer over the fidelity fund in respect of such loss.

[2657–414.]

SECTION 330. Bond to be given by sheriff. – A sheriff or a person exercising the functions of officer of court shall, before being qualified to perform the duties of his office, execute a bond, with approved sureties, in such form and amount as the (Insular) Auditor General shall prescribe, running to the Government of the (Philippine Islands) Philippines, for the benefit of whom it may concern. Such bond shall be conditioned for the faithful performance of the duties of himself and his deputies as sheriff and officer of court, and for the delivery or payment to the Government, or the persons entitled thereto, of all property or sums of money that shall officially come into his or their hands. The failure to give bond as herein required before the expiration of the period of thirty days from the date when the officer should enter upon the discharge of his duties shall constitute a renunciation of the office.

The bond herein required shall in no case have less than two sureties, if they be individuals; and if there are only two such, each must own real property to the full amount of the bond, free from incumbrances, and over and above all his other existing liabilities and exclusive of property exempt from execution. If there be three or more sureties, it shall suffice if they collectively own real property in double the amount of the bond and similarly circumstanced as above.

But in any case the bond may be made by a corporation authorized by law to execute fidelity bonds.

[2657–415.]

SECTION 331. Qualification of sureties. – Such bond shall bear an indorsement of the proper provincial treasurer stating that after due investigations and to the best of his knowledge and belief the sureties, if individuals, are qualified as by law required. The sureties themselves shall also justify to the same effect upon oath before a judge of the Court of First Instance of the district, or in his absence, before the provincial fiscal.

[2657–416.]

SECTION 332. Approval and preservation of bond. – Upon the execution of any such bond, the clerk of the court shall take a copy for preservation in his own office and shall transmit the original to the (Insular) Auditor General, which, after receiving his approval, shall be forwarded to the (Insular) Treasurer of the Philippines for preservation.

[2657–417.]

SECTION 333. Renewal or strengthening of bond. – When it shall appear to the judge of first instance in any province, or to the (judges) justices of the Supreme Court in the City of Manila, that any such bond is risky or insufficient, an order shall be made requiring a new bond or additional security to be given within a period to be specified therein; if the same is not duly complied with, the office shall be deemed to have been vacated and another person shall be appointed thereto.

[2657–418.]

SECTION 334. Right of bonded officer to require bond from deputy or assistant. – A sheriff or other accountable official may require any of his deputies or assistants, not bonded in the fidelity fund, to give an adequate personal bond as security against loss by reason of any wrongdoing on the part of such deputy or assistant. The taking of such security shall in no wise impair the independent civil liability of any of the parties.

[2657–419.]

SECTION 335. Certificate required for bonded officer leaving (Islands) Philippines. – No sheriff or officer whose fidelity is or has been insured in the fidelity fund shall leave or attempt to leave the (Philippine Islands) Philippines until he shall secure a certificate from the (Insular) Auditor General showing that his accounts have been finally settled.

[2657–420.]

CHAPTER 16

Property-Insurance Law

SECTION 336. Title of chapter. – This chapter shall be known as the Property-Insurance Law.

[2657–424.]

SECTION 337. Properties insurable in the property insurance fund. – Vessels and craft, machinery, permanent buildings, property therein, property in rented buildings, belonging to the Government or to the companies or corporations the majority of the stock of which is held by the National Government, shall be insured, or insurable in the property insurance fund, against destruction or damage resulting from fire, earthquake, storm, or other casualty, in accordance with the provisions hereof.

[2657–425; C.A. 455–1.]

SECTION 338. How insurance effected. – The property of a province, chartered city, municipality, or other local political division, or of any of the companies or corporations mentioned in the next preceding section hereof, may only be insured in this fund with the approval of the Secretary of Finance, upon application made by proper board, council, or directors of the government division, company, or corporation in question: Provided, That the Treasurer of the Philippines shall have discretionary power to recommend the disapproval of a portion or the whole amount of insurance applied for by the companies or corporations aforesaid through their respective boards of directors: And provided, further, That such property, or part thereof, as may not be insurable or acceptable for insurance in the property insurance fund may be insured with any private insurance company. The premium rates for such insurance shall be as fixed by the Treasurer of the Philippines with the approval of the Secretary of Finance. Property of the National Government insurable under the next preceding section hereof shall be insured in said fund without charge, and shall be deemed to be so insured solely by virtue hereof, without formality of any sort.

[2657–426; C.A. 455–1.]

SECTION 339. Determination and payment of loss. – The (Insular) Auditor General shall fix the amount of any loss insured against under this chapter and with the approval of the Secretary of Finance shall certify the same to the (Insular) Treasurer of the Philippines, who shall thereupon liquidate the liability in accordance with the Auditor’s certification; but in the case of property owned by the (Insular) National Government such amount shall only be so certified and made available, in the discretion of the Secretary of Finance, for the restoration by construction, repair, purchase, or otherwise, of the specific property damaged or destroyed.

[2657–427.]

SECTION 340. Constitution of property-insurance fund. – The property-insurance fund shall be constituted and maintained as a permanent reimbursable fund, and shall consist of all moneys that heretofore have been or should have been lawfully covered into the ‘insurance fund’ as heretofore constituted, and of its own future accretions resulting either from profit on investments, from premiums, or from the continuing annual appropriation thereto.

Until such time as the property-insurance fund shall reach two million pesos there shall accrue to it, from any funds in the National Treasury not otherwise appropriated, a continuing annual appropriation of one hundred thousand pesos and thereafter a similar appropriation of such sum or sums, not in excess of one hundred thousand pesos, as may be necessary to maintain the fund at that level.

In case the total claims payable from the fund shall at any time exceed the capital, surplus, and reserves pertaining thereto, the amount necessary to cover such deficit shall be advanced from the general surplus of the National Government until such time as the overdraft shall have been offset by the future net earnings of the fund.

The property insurance fund shall also be available for the payment of such expenses of administration and operation of the fund as may be incurred in carrying out the provisions of this chapter.

[2657–428; C.A. 455–1.]

SECTION 341. Regulations for carrying law into effect. – The necessary regulations for the effectuation of the purposes of this chapter shall be promulgated by the (Insular) Treasurer of the Philippines with the approval of the Secretary of Finance.

[2657–429.]

CHAPTER 17

Assessment Law

PRELIMINARY ARTICLE

Title of Chapter

SECTION 342. Title of chapter. – (Repealed)

ARTICLE I

Levy and Disposition of Proceeds

SECTION 343. Incidence of real property tax. – (Repealed)

SECTION 344. Property exempt from tax. – (Repealed)

SECTION 345. Division of proceeds between provinces and municipalities. – (Repealed)

SECTION 346. Special application of portions of proceeds of tax. – (Repealed)

SECTION 347. Amount of levy where provincial or municipal authority fail to act. – (Repealed)

SECTION 348. Change of levy by provincial or municipal authorities. – (Repealed)

ARTICLE II

Powers of Assessor

SECTION 349. Authority vested in provincial assessor. – (Repealed)

ARTICLE III

Assessment of Tax

SECTION 350. General revision of property valuations. – (Repealed)

SECTION 351. Preparation of general schedules of values. – (Repealed)

SECTION 352. Failure of municipal council to adopt schedule. – (Repealed)

SECTION 353. Amending schedules of values. – (Repealed)

SECTION 354. Certification of revised values to provincial board. – (Repealed)

SECTION 355. Principle governing valuations and assessments. – (Repealed)

SECTION 356. Declaration to be prepared by owner. – (Repealed)

SECTION 357. Assessment of back taxes. – (Repealed)

SECTION 358. Declaration to be prepared by owner. – (Repealed)

SECTION 359. Notification of increased assessment. – (Repealed)

SECTION 360. Appeal by owner to municipal council. – (Repealed)

SECTION 361. Action by municipal council. – (Repealed)

SECTION 362. Review of provincial board. – (Repealed)

SECTION 363. Review by Chief of Executive Bureau. – (Repealed)

ARTICLE IV

Collection of Tax and Remedies for Enforcement Thereof

SECTION 364. Date of accrual of tax – Lien of tax. – (Repealed)

SECTION 365. Term specially fixed for collection of tax. – (Repealed)

SECTION 366. Power of provincial board to extend term of collection of tax. – (Repealed).

SECTION 367. Power of Governor-General to postpone. – (Repealed).

SECTION 368. Posting notice of time for collection of tax. – (Repealed)

SECTION 369. Penalty for delinquency. – (Repealed)

SECTION 370. Notice of delinquency. – (Repealed)

SECTION 371. Distraint of personal property. – (Repealed)

SECTION 372. Property exempt from distraint or levy. – (Repealed)

SECTION 373. Sale of distrained property. – (Repealed)

SECTION 374. Return of officer – Disposition of proceeds. – (Repealed)

SECTION 375. Redemption of distrained property. – (Repealed)

SECTION 376. Final vesting of property in Government. – (Repealed)

SECTION 377. Redemption by owner. – (Repealed)

SECTION 378. Manner of effecting publication. – (Repealed)

SECTION 379. Repurchase by owner. – (Repealed)

SECTION 380. Taxes and penalties payable upon redemption or repurchase. – (Repealed)

SECTION 381. Disposition of proceeds. – (Repealed)

SECTION 382. Ejection of occupants from delinquent property. – (Repealed)

ARTICLE V

Miscellaneous Provisions

SECTION 383. Repayment of excessive collections. – (Repealed)

SECTION 384. Remission of tax by provincial board. – (Repealed)

SECTION 385. Remission or reduction of tax by Governor-General. – (Repealed)

SECTION 386. Evidence in tax-assessment proceedings. – (Repealed)

SECTION 387. Authority of assessor to take evidence. – (Repealed)

SECTION 388. Restriction upon power of court to impeach tax. – (Repealed)

SECTION 389. Restriction upon power of court to impeach forfeiture. – (Repealed)

SECTION 390. Duty of municipal officers to assist provincial assessor. – (Repealed)

SECTION 391. Regulations for enforcement of Assessment Law. – (Repealed)

CHAPTER 18

Election Law

PRELIMINARY ARTICLE

Title of Chapter

SECTION 392. Title of chapter. – (Repealed)

ARTICLE I

General and Miscellaneous Provisions

SECTION 393. Dates for regular elections for, and induction into, provincial, city and municipal offices. – (Repealed)

SECTION 394. Postponement of election. – (Repealed)

SECTION 395. Filling of elective offices in new political division. – (Repealed)

SECTION 396. Notice of special election. – (Repealed)

SECTION 397. Expenses of elections. – (Repealed)

SECTION 398. Holding of elections in Manila. – (Repealed)

SECTION 399. Participation of municipal districts in election hereunder. – (Repealed)

SECTION 400. Electoral relations of outlying community endowed with franchise. – (Repealed)

SECTION 401. Acquisition of franchise incident to territorial changes. – (Repealed)

SECTION 402. Posting of Election Law at polling place. – (Repealed)

ARTICLE II

General Provisions Relative to Elective Officers and Offices

SECTION 403. Limitation upon reelection. – (Repealed)

SECTION 404. Certificate of candidacy. – (Repealed)

SECTION 405. Filing and distribution of certificates of candidacy.  – (Repealed)

[2657-502; 3030–4; 3210–1.]

SECTION 406. Official acts of persons ineligible to office. – (Repealed)

[2657-503.]

SECTION 407. Incapacity to assume office due to nonpayment of taxes. – (Repealed)

[2657-504.]

SECTION 408. Proceedings against an ineligible person. – (Repealed)

[2657-505; 3030–5.]

ARTICLE III

Election Precincts

SECTION 409. Precincts to be established by municipal council. – (Repealed)

SECTION 410. Arrangement of election precincts. – (Repealed)

SECTION 411. Posting map or plan of precincts. – (Repealed)

SECTION 412. Posting map or plan of Representative district. – (Repealed)

SECTION 413. First election in new municipality. – (Repealed)

ARTICLE IV

Polling Places

SECTION 414. (a) Designation of polling places. – (Repealed)

(b) Portable polling places. – (Repealed)

(c) Buildings that shall not be used as polling places. – (Repealed)

(d) Changes of polling places. – (Repealed)

(e) Furnishing ballot boxes, office supplies, for election. – (Repealed)

(f) Construction, inscriptions, and keys of ballot boxes. – (Repealed)

(g) Signs and flags on polling places. – (Repealed)

(h) Direct supervision of elections. – (Repealed)

[2657-511; 3030–8; 3210–2.]

SECTION 415. Voting booths. – (Repealed)

SECTION 416. Liquors, cockfighting, arms, etc. – (Repealed)

ARTICLE V

Board of Inspectors

SECTION 417. Appointment of inspectors and poll clerk. – (Repealed)

SECTION 418. Disqualification of inspector. – (Repealed)

SECTION 419. Qualification of inspectors and poll clerks – Oath of Office. – (Repealed)

SECTION 420. Certificate of appointment as inspector or poll clerk. – (Repealed)

SECTION 421. Organization of board of inspectors – Filling of temporary vacancy. – (Repealed)

SECTION 422. Designation of inspectors by qualified voters of precinct. – (Repealed)

SECTION 423. Preservation of order by inspectors. – (Repealed)

SECTION 424. Pay of inspectors and clerks. – (Repealed)

ARTICLE VI

Conditions and Manner of Registration

SECTION 425. Permanent list of voters every twelve years; registration necessary to be able to vote. – (Repealed)

SECTION 426. List of voters affected by changes in precincts – List of deceased and convicted, etc. – Treasurer’s duties regarding same. – (Repealed)

SECTION 427 (a) Meetings for the preparation or revision of the permanent list of voters. – (Repealed)

(b) Hours of meetings. – (Repealed)

(c) Voter’s affidavit. – (Repealed)

(d) Identification of voters. – (Repealed)

(e) Custody and filing of voters’ affidavit. – (Repealed)

(f) Reregistration in list. – (Repealed)

SECTION 428 (a) Mode of registration. – (Repealed)

(b) Columns of list of voters. – (Repealed)

(c) Manner of entering registrations on ensuing days; publication of lists. – (Repealed)

SECTION 429. Registration in other municipality. – (Repealed)

SECTION 430. Who may be registered. – (Repealed)

SECTION 431. Qualifications prescribed for voters. – (Repealed)

SECTION 432. Disqualifications. – (Repealed)

SECTION 433. Certificate of inspectors – Disposition of lists. – (Repealed)

SECTION 434. Challenge of voter’s right to be registered. – (Repealed)

SECTION 435. Power of board to take evidence. – (Repealed)

SECTION 435-1/2 Division of judicial districts into circuits. – (Repealed)

SECTION 436. Application for inclusion of voters in list. – (Repealed)

SECTION 437. Application to strike names from list. – (Repealed)

SECTION 438. Jurisdiction and competence in inclusion and exclusion of electors. – (Repealed)

SECTION 439. Final meeting of board of inspectors. – (Repealed)

SECTION 440. Revision of list of voters for special election. – (Repealed)

SECTION 441. Question as to right of voter to be registered. – (Repealed)

ARTICLE VII

Official Ballots

SECTION 442. Official ballots. – (Repealed)

SECTION 443. Emergency ballots. – (Repealed)

SECTION 444. Use of sample ballots. – (Repealed)

SECTION 445. Requisition for official ballots. – (Repealed)

ARTICLE VIII

Opening of Polls and Casting of Ballots

SECTION 446. Hours during which polls shall be open. – (Repealed)

SECTION 447. Formalities incident to opening of polls and conduct of election. – (Repealed)

SECTION 448. Persons allowed in and around polling place. – (Repealed)

SECTION 449. Persons prohibited from influencing election. – (Repealed)

SECTION 450. Prohibition against interference by police in election. – (Repealed)

SECTION 451. Method of voting – Delivery of ballot. – (Repealed)

SECTION 452. Preparation of ballot; prohibitions. – (Repealed)

SECTION 453. Preparation of ballot for illiterate or disabled person. – (Repealed)

SECTION 454. Disposition of spoiled ballots. – (Repealed)

SECTION 455. Casting of ballot. – (Repealed)

SECTION 456. Challenge of person offering to vote. – (Repealed)

SECTION 457. Challenge based on ground of corrupt practices. – (Repealed)

SECTION 458. Reception of challenged vote not conclusive in judicial proceeding. – (Repealed)

SECTION 459. Record of challenges and certificate of oaths administered. – (Repealed)

ARTICLE IX

Counting of Votes and Canvass of Returns

SECTION 460. Counting of votes – Announcement of results. – (Repealed)

SECTION 461. Official watchers of candidates. – (Repealed)

SECTION 462. Preliminaries to counting of votes. – (Repealed)

SECTION 463. Examination for marked ballots. – (Repealed)

SECTION 464. Mode of procedure in counting votes. – (Repealed)

SECTION 465. Inspectors’ statement and certificate of result. – (Repealed)

SECTION 466. Mode of transmission of statement. – (Repealed)

SECTION 467. Boxes and contents. – (Repealed)

SECTION 468. Preservation of boxes and disposition of contents. – (Repealed)

SECTION 469. Canvass of returns by provincial board. – (Repealed)

SECTION 470. Certificate of result. – (Repealed)

SECTION 471. Who may be certified. – (Repealed)

SECTION 472. Confirmation by President of the Philippines. – (Repealed)

SECTION 473. Confirmation protested for disloyalty. – (Repealed)

SECTION 474. Disability of nonconfirmed candidates. – (Repealed)

SECTION 475. Elections resulting in tie. – (Repealed)

SECTION 476. Incompetency to act, and replacement, of provincial canvassers. – (Repealed)

SECTION 477. Canvass by municipal council. – (Repealed)

ARTICLE X

Election Contests

SECTION 478. Contested election of members of Legislature. – (Repealed)

SECTION 479. Contested election to office in general. – (Repealed)

SECTION 480. Appeal to Supreme Court in contested election case. – (Repealed)

SECTION 481. Mode of procedure in court cases. – (Repealed)

SECTION 482. Bond or cash deposit required of contestants. – (Repealed)

SECTION 483. Certification of finding when election found illegal. – (Repealed)

CHAPTER 19

Internal-Revenue Allotment Law

PRELIMINARY ARTICLE

Title of Chapter

SECTION 484. Title of chapter. – (Repealed)

ARTICLE I

Special Disposition of Certain Internal Revenue

SECTION 485. Disposition of fees for sealing weights and measures. – (Repealed)

SECTION 486. Disposition of proceeds of certain license taxes. – (Repealed)

SECTION 487. Disposition of proceeds of cedula tax. – (Repealed)

SECTION 488. Disposition of proceeds of taxes on franchises. – (Repealed)

SECTION 489. Disposition of proceeds of income and inheritance taxes. – The proceeds of the tax on income and of the tax on inheritances, legacies, and other acquisitions mortis causa shall accrue to the Insular Government.

ARTICLE II

Disposition and Allotment of Internal Revenue in General

SECTION 490. Disposition of internal revenue in general. – (Repealed)

SECTION 491. Allotments of internal revenue for special purposes. – (Repealed)

SECTION 492. Apportionment and the use of provincial allotment. – (Repealed)

SECTION 493. Apportionment and use of road and bridge allotment. – (Repealed)

SECTION 494. Apportionment and use of municipal allotment. – (Repealed)

ARTICLE III

Miscellaneous Provisions

SECTION 495. Status of cities, townships, and other local governmental divisions. – (Repealed)

SECTION 496. Apportionment to be based upon census population. – (Repealed)

SECTION 497. Warrants for quarterly payment of allotments. – (Repealed)

CHAPTER 20

Military Reservations

SECTION 498. Jurisdiction over places held for military uses of United States. – The retention, acquisition, or condemnation and appropriation by the United States of land in the (Philippine Islands) Philippines for reservations, military posts, naval bases, fortifications, magazines, arsenals, docks, warehouses, and other uses of the United States, does not withdraw such lands from the jurisdiction of the Philippine Government or from the operation of the laws of the (Philippine Islands) Philippines; and consistently with the provisions of this chapter, the jurisdiction of the Philippine Government and the operation of its laws over the places in question shall remain unimpaired in so far as the same shall not militate against or be inconsistent with the uses for which the property is held by the United States.

No branch of the Government of the (Philippine Islands) Commonwealth of the Philippines having authority on or over lands reserved for the military purposes of the United States, and no civilian residents thereon, shall interfere with the military administration or the use of such lands for military purposes.

[530–3.]

SECTION 499. Right of military authorities to eject intruders. – The military authorities of the United States and of the Commonwealth of the Philippines shall have the right to eject any intruder or trespasser on any public lands reserved for military purposes in the Philippines, and to suppress open breaches of the peace and abate nuisances thereon.

[539–2; C.A. 162–1; see C.A. 321–1.]

SECTION 500. Service of process on reservation. – No arrest of any officer, soldier, or civilian employee in the military service of the United States shall be made on any military reservation, or in any camp or barrack except on warrant in due form in writing, copy of which shall be previously delivered to the commanding officer thereof; and no subpoena directed to any such officer, soldier, or civilian employee in the military service of the United States shall be served on any military reservation, or in any camp or barracks without previously delivering a copy of such subpoena to the commanding officer thereof.

[2104–1.]

SECTION 501. Exemption of military or other employees of the United States from taxation. – The personal property of persons employed in the military or other service of the United States in the (Philippine Islands) Philippines and used by them incident to said service shall be exempt from taxation.

[530–4; 3877–1.]

SECTION 502. Sale of liquor on reservation prohibited. – No licenses shall be granted for the sale of or dealing in any intoxicating liquors on any public land reserved by the President of the United States for military purposes in the (Philippine Islands) Philippines.

[530–1.]

SECTION 503. Sale of liquor near posts and camps prohibited. – Except as provided in the next succeeding section hereof, no license shall be granted by a municipal council or other local or provincial authority for the sale of any intoxicating liquors, beer, or wine, at any place or on any premises situated within a distance of two miles of land now used or hereafter to be used by the United States for military purposes at Camp Stotsenburg, in the municipality of Mabalacat, Province of Pampanga; Camp Morrison, municipality of Salomague, Province of Ilocos Sur; Camp Jossman, municipality of Guimaras, Province of Iloilo; Camp Gregg, municipality of Bayambang, Province of Pangasinan; in or near the municipality of Los Baños, Province of Laguna; in or near the municipality of Iligan, Province of Lanao; in or near the municipality of Batangas, Province of Batangas; in or near the municipality of Legaspi, Province of Albay; in or near the municipality of Sorsogon, Province of Sorsogon; in or near the municipality of Santo Tomas, Province of Batangas; at Fort William McKinley, near Macati, Province of Rizal; or within a distance of one and one-half miles of land used or to be used by the United States for military purposes at Camp Wallace, in the municipality of San Fernando, Province of La Union; at Pasay barracks, municipality of Pasay, Province of Rizal; in or near the municipality of Naga, Province of Camarines Sur; in or near the municipality of Lucena, Province of Tayabas; in or near the municipality of Calamba, Province of Laguna; on the Island of Talim, Laguna de Bay, or within a distance of three miles of the Island of Malahi, reserved for military purposes in the Laguna de Bay; or within a distance of one mile of land used by the United States for military purposes at Santa Mesa in the City of Manila; or within distance of three-quarters of a mile of land used by the United States for military purposes near the town of Calbayog, in the Province of Samar.

The prohibition herein above contained shall not extend to the following-described land with the prohibited areas: Land situated on the left bank of the Pasig River within one mile of Santa Mesa, in the City of Manila; land within a circle with a radius of five hundred and eighty yards with a center at the middle of the road in the immediate front of the parish church of the municipality of Batangas, Province of Batangas; land within a circle with a radius of four hundred yards with the center at the southwest corner of the prison in Albay, Province of Albay; land within a circle with a radius of four hundred yards with the center at the southeast corner of the old Tribunal at Daraga, in the Province of Albay; land within a circle with a radius of seven hundred yards with the center at the door of the church of San Rafael, in the town of Legaspi, Province of Albay; land within a circle with a radius of three hundred yards with the center at the door of the parish church in Santo Tomas, Province of Batangas; land within a circle with a radius of five hundred yards with the center at the center of the public square in the town of Pasig, Province of Rizal; land within a circle with a radius of seven hundred yards with the center at the center of the public square in the municipality of Naga, Province of Camarines Sur; and land within a circle with a radius of seven hundred yards with the center at the middle of the road immediately in front of the parish church at Lucena, in the Province of Tayabas.

[709–1; 760–1; 1169–1, 2; 1381–1; 1904–1; 1951–1.]

The (Governor-General) President of the Philippines is authorized, however, in his discretion, of his own accord or upon petition of the municipal council interested, to revoke by proclamation any of the exceptions made in the next preceding paragraph hereof, in which event the restriction against the sale of liquors in such place or places shall become fully effective.

[2202–1.]

SECTION 504. Authority of (Governor-General) President of the Philippines to regulate sale of liquors in prohibited zones. – The (Governor-General) President of the Philippines shall have authority to authorize and regulate the sale of liquors within any prohibited zone surrounding any military reservation now existing or which may be hereafter established.

[2202–1.]

SECTION 505. Authority of (Governor-General) President of the Philippines to remove places from restriction. – The (Governor-General) President of the Philippines is authorized in his discretion to except from the provisions of section five hundred and three hereof any of the places or localities therein specified, or any portion thereof, whenever the United States Army shall discontinue the maintenance of military garrisons thereat or whenever such military garrisons shall be composed only of Philippine Scouts.

[1951–1.]

SECTION 506. Authority of (Governor-General) President of the Philippines to bring additional places under restriction. – Upon the request of the commanding general of the Philippine Department, or the admiral commanding the Philippine Squadron, the (Governor-General) President of the Philippines may, in his discretion, by proclamation, bring within the restrictions of section five hundred and three hereof any public lands reserved by the President of the United States for military or naval purposes in the (Philippine Islands) Philippines, or any place or premises within a distance to be prescribed in such proclamation, not exceeding two miles, of any such reservation, provided that within such distance the central part of a municipality be not included.

Upon the exercise of this power by the (Governor-General) President of the Philippines it shall be the duty of the commanding officer of the United States troops stationed at the post, camp, or place in question to make a survey and determine the limits of the territory included in the proclamation of the (Governor-General) President of the Philippines and to notify the municipal authorities the boundaries thereof; and it shall further be the duty of such commanding officer and of the municipal officers after the line shall have been run, to notify all persons then engaged in the sale of intoxicating liquors within the prohibited territory of the operation of the provisions of section five hundred and three hereof within such territory and of the time within which they must remove their places of business.

[709–5; 1904–1, see C.A. 321–1.]

CHAPTER 21

Supervision Over Cavite Harbor

SECTION 507. Police supervision of rear admiral over Cavite Harbor. – Cavite Harbor, being that portion of Manila Bay to the southward of a line drawn from Sangley Point to Parañaque, including one-half of a sea mile due north of said line and limits, shall be under the police supervision of the rear admiral of the United States Navy in command of the Asiatic Station, in so far as relates to the control of vessels in said harbor.

[238–1; 382–1; 675–1.]

SECTION 508. Supervisor of harbor appointed by rear admiral – Deputy supervisor. – The rear admiral of the United States Navy having police supervision over Cavite Harbor may appoint a line officer of the United States Navy to be supervisor of the harbor and to have charge therein of the berthing of all vessels, other than naval vessels, in conformity with law and regulation.

To assist the supervisor, the rear admiral may also appoint a line officer of the United States Navy to act as deputy supervisor, who shall have the same power as the supervisor himself, subject to the supervision of the latter.

[238–1; 382–1; 675–1.]

SECTION 509. Regulations for vessels berthing in Cavite Harbor. – The following regulations shall prevail as regards vessels, other than those of the United States Navy, desiring to berth within the limits of Cavite Harbor as above defined:

(a) Any such vessel shall first obtain permission to berth within said limits from the Insular Collector, whose duty it shall be to notify the senior naval officer afloat at Cavite, addressing commandant of Cavite Naval Station, of the approximate time of the arrival of said vessel at Cavite, giving the name and length of said vessel and her draft when loaded.

(b) When by reason of stress of weather, or of any other urgent necessity, a vessel is compelled to enter Cavite Harbor without having had an opportunity to communicate with the Insular Collector she will take berth as hereinafter provided.

(c) The supervisor of Cavite Harbor, so appointed by the rear admiral in command of the station, shall have charge of the berthing of all vessels, other than naval vessels, and the enforcement of the laws and regulations relating thereto.

(d) It shall be the duty of the supervisor to see that all vessels entering Cavite Harbor shall be met by a steam launch or tug and directed to a proper berth, and all vessels so entering or changing from one berth to another shall do so in accordance with the direction of the supervisor.

(e) Should any vessel entering Cavite Harbor for any reason not be met and conducted to its berth as provided in the next paragraph, it may anchor temporarily in any open berth, but is required to keep steam up ready to move, until such anchorage is confirmed or said vessel is directed to another berth.

(f) All vessels are required to moor, if they are directed so to do, if the same be deemed advisable by the supervisor and he directs that the same be done.

(g) All vessels shall have steam up and be ready to move during a typhoon or other heavy weather.

(h) The commanders of vessels and other persons or corporations are hereby forbidden to dump, or permit to be dumped, ashes or other refuse within the limits of Cavite Harbor. Lighters to remove such ashes or other refuse shall be provided by the supervisor of the harbor and shall be available at any time upon application to him, and he will fix and collect the charge the vessels shall pay for the service of removing such ashes or refuse, and such lighters may, except in bad weather, be called alongside by hoisting the international letter “R.” When, owing to heavy weather or other causes, lighters cannot come alongside the vessel, the ashes and refuse shall be retained on board until weather moderates so that lighters can be put alongside; or until the vessel leaves the harbor limits.

(i) Commanders or owners of vessels and all other persons or corporations are forbidden to obstruct said harbor by sinking or permitting to be sunk obstructions of any character, such as wrecks or lighters or other hindrances to navigation. All such wrecks or obstruction shall be removed by the supervisor at the expense of the officers, owners, agents, or masters of vessels immediately responsible for their presence in the harbor.

[238–2; 454–1.]

SECTION 510. Authority of rear admiral to make regulations. – The rear admiral hereinabove specified shall have the power to make additional reasonable regulations for the government of vessels in Cavite Harbor.

[238–3.]

CHAPTER 22

Registration, Branding, Conveyance, and Slaughter of Cattle

SECTION 511. Scope of terms. – “Large cattle,” as herein used, includes the horse, mule, ass, carabao, or other domesticated member of the bovine family.

“Municipality,” as used in, this and the next succeeding chapter, refers not only to organized municipalities but to municipal districts in places not organized under the municipal law; it also includes cities organized under special charters, with the exception of Manila.

[1147–1, 36.]

SECTION 512. Registration of brands in office of municipal treasurer. – All owners of large cattle shall register at the office of the treasurer of the municipality of their residence the private brand or brands used by them in marking their cattle by filing, in triplicate, with said municipal treasurer a true copy of said brand or brands, impressed or accurately drawn upon stout paper, approximately, fifteen centimeters wide by twenty centimeters long. One of the triplicate copies of said brand or brands so filed shall be retained in the office of the municipal treasurer; the others shall be sent by him to the provincial treasurer and the chief of the division of archives, patents, copyrights, trademarks, and corporations, one copy to each; and it shall be the duty of the municipal treasurer, the provincial treasurer, and the chief of the division of archives, patents, copyrights, trade-marks, and corporations to file in their respective offices said copies of said brand or brands and to keep a record of the names of the owners thereof alphabetically arranged, together with the ages, civil status, and occupations or professions of such owners.

No person shall be permitted to register or file a duplicate of any brand theretofore registered in the name of another unless he produces to the municipal treasurer, at the time of presentation for registry and filing, satisfactory evidence that he has succeeded to the right to such brand previously registered and filed; nor shall any person be permitted to register or file with said municipal treasurer any brand likely to be mistaken for a brand or mark owned and previously registered by another.

[1147–2, 3.]

SECTION 513. Certificate to be issued by municipal treasurer. – The municipal treasurer, on registering and filing any brand or mark, shall issue to the person registering and filing the same a certificate setting forth, over his own signature, the fact of registering and filing said brand, the date of registering and filing, the name, age, civil status, and occupation or profession of the owner of the brand and a copy of the brand as near as may be.

[1147–4.]

SECTION 514. Distinctive brands of municipality and province. – Each municipality shall have a distinctive mark or brand for the purpose of branding large cattle owned by the municipality and of counterbranding large cattle owned by persons in the municipality and not bearing the counter-brand of any other municipality. Each municipality shall register and file a copy of its brand with the provincial treasurer and with the chief of the division of archives, patents, copyrights, trade-marks, and corporations. Each provincial government shall also have a distinctive brand for the purpose of branding large cattle owned by it. Copies of provincial brands shall be registered and filed with the chief of the division of archives, patents, copyrights, trade-marks, and corporations and with the provincial treasurer of the province owning the brand.

[1147–5.]

SECTION 515. General requirement as to branding and registration – How and before whom effected. – All large cattle which have attained the age of two years must be branded and registered, as provided in this chapter, and it shall be the duty of the owner or other person in possession of cattle not thus branded or registered to cause the same to be effected in conformity with the provisions of this chapter.

All such cattle found within the jurisdiction of any municipality shall be branded on the right hip with the registered brand of the owner and counterbranded on the left hip with the registered brand of the municipality in which they are found.

The branding shall be done in the presence of the municipal (president) mayor, the municipal treasurer, and the municipal secretary, or their representatives, who shall, at the request of the owner, repair to the place where the cattle is if there are more than ten head to be branded; or in places not in an organized municipality by at least three persons appointed for the purpose by the provincial governor.

Large cattle kept by the (Insular) National Government need not be branded or registered.

Cattle imported for immediate slaughter need not be branded or registered, but their importation and slaughter shall be subject to the regulations of the Director of Animal Industry relative to quarantine, inspection, and animal sanitation.

[1147–6, 34, 35; 1362–1; 3737–1.]

SECTION 516. Registration of cattle previously branded. – Large cattle already branded with brand of ownership and counterbranded with the brand of the proper municipality need not be rebranded, but the owner must register such animals with the municipal treasurer and secure the certificate of ownership mentioned in the next succeeding section unless previously registered under this chapter.

[1362–1.]

SECTION 517. Registration of cattle by municipal treasurer. – The municipal treasurer shall register in a book properly prepared and kept for the purpose, all branded and counter-branded animals presented for registry and not previously registered under this chapter, and shall set forth in his registry entry the name residence of the owner, and the class, color, sex, age, brands, knots of radiated hair commonly known as remolinos or cowlicks, and other marks of identification of the cattle registered. A copy of the entry shall be issued to the owner as a certificate of ownership, which certificate shall be prima facie evidence that the animal is the property of the person therein named as owner.

The original registry entry and the copy thereof issued as a certificate of ownership shall be signed by the owner and by the municipal treasurer, and attested by the municipal secretary; and where the branding of the cattle is effected in the presence of representatives of the municipal officials or in the presence of persons designated for such purpose by the governor of the province, the registry entry and the certificate of ownership shall also be signed or indorsed by such representatives or designated persons.

[1147–8.]

SECTION 518. Inquiry into ownership by person charged with duty of branding. – Persons charged with the duty of branding or registering large cattle and issuing the proper certificates shall satisfy themselves of the ownership of the cattle so branded or registered, and shall take due care that no certificate of ownership is issued to any person other than the proper owner.

[1147–9.]

SECTION 519. Charge for registration – Disposition of proceeds. – Each certificate of registration shall have imprinted upon its face a form of stamp of the value of one peso, which stamp shall be duly cancelled with the seal of the municipality. The certificate required by this section shall be paid for by the owner of the cattle, and the moneys received therefor shall, in organized municipalities, be paid into the municipal treasury, and in the case of municipal districts into the provincial treasury for the benefit of the municipal district in question.

Each animal must be separately registered, and no certificate of ownership shall cover more than one animal.

[1147–10, 11; 1465–1.]

SECTION 520. Municipal treasurer’s record of transfers. – The municipal treasurer shall enter in a book, duly prepared and kept for the purpose, all transfers of large cattle, which entry shall set forth the name and residence of the owners, the name and residence of the purchaser, the purchase price of the animal, or the consideration for the sale or transfer, the class, sex, age, brands, knots of radiated hair commonly known as remolinos or cowlicks, and other marks of identification of the animal, and a reference number to the original certificate of ownership, with the name of the municipality which issued it.

[1147–13.]

SECTION 521. Certificate of transfer – Place of issuance. – On making the entry of transfer prescribed by the last preceding section, the municipal treasurer shall issue to the purchaser of the animal a certificate of transfer setting forth the name and residence of the owner or vendor, the name and residence of the purchaser, the purchase price of the animal, or the consideration for the sale, the class, sex, age, brands, knots of radiated hair commonly known as remolinos or cowlicks, and other marks of identification of the animal transferred, and a reference to the original certificate of ownership by number, with the name of the municipality which issued such certificate.

A separate certificate of transfer shall be issued for each animal sold or conveyed.

[1147–14, 22.]

SECTION 522. Manner of authentication. – The certificate of transfer and the entry to be made of such transfer in the record shall be signed or endorsed in the same manner as registry entries and certificates of ownership.

[1147–15.]

SECTION 523. Requirement as to production of documents of title. – No entry of transfer shall be made or certificates of transfer issued by the municipal treasurer or other proper official except upon the production of the original certificate of ownership and certificates of transfer and such other documents or evidence as will show title in the owner, or, in the case of loss of certificate of ownership or certificates of transfer, certified copies of the record showing that such documents were duly and properly issued, and it shall be the duty of the official custodian of the record to issue such certified copies on demand of the party entitled thereto without charge.

[1147–16.]

SECTION 524. Descriptive matters to be noted in certificates. – On certificates of ownership and certificates of transfer, the municipal treasurer or other property official shall carefully note in the proper place on the printed outline figure of the animal registered or transferred, the brands, class, sex, age, knots of radiated hair commonly known as remolinos or cowlicks, and other marks of identification of the animal registered or transferred, giving such marginal description, where necessary, as will fully identify the animal.

[1147–17.]

SECTION 525. Documents of title to be surrendered to purchaser. – In case of sale, the owner shall deliver to the purchaser the original certificate of ownership and all certificates of intermediate transfer showing ownership in himself, and in case of loss of the original certificate of ownership, or of any of the certificates of intermediate transfer, certified copies of the proper entries showing such documents to have been issued by the proper officials.

[1147–18.]

SECTION 526. Place of issuance of certificate of transfer. – Certificates of transfer shall be issued in the municipality where the contract of sale is made and consummated by the delivery of the cattle.

[1147–19.]

SECTION 527. Amendments of certificates. – Erasures, interlineations, or amendments in certificates of registry or transfer shall be presumed to be invalid unless noted over the signature of the official or persons issuing or executing the same.

[1147–20.]

SECTION 528. Charge for certificate of transfer – Disposition of proceeds. – Each certificate of transfer shall have imprinted upon its face a form of stamp of the value of one peso, which stamp shall be duly canceled by the municipal treasurer with the seal of the municipality. The certificate required by this section shall be paid for by the purchaser and the moneys received therefor shall, in organized municipalities, be paid into the municipal treasury, and in the case of municipal districts into the provincial treasury for the benefit of the municipal district in question.

[1147–21, 36; 1465–1.]

SECTION 529. Registration necessary to validity of transfer. – No transfer of large cattle shall be valid unless the same is registered and a certificate of transfer obtained as herein provided; but large cattle under two years of age may be registered and branded gratis for the purpose of effecting a valid transfer, if the registration and transfer are made at the same time.

[1147–22; 2332–1.]

SECTION 530. Forms of certificates of registration and transfer. – The certificates of registration and of transfer shall be in such forms as the (Chief of the Executive Bureau) Secretary of the Interior shall prescribe and the (Insular) Auditor General shall approve.

[1465–1.]

SECTION 531. Document of title to be exhibited upon demand of proper officer. – On the demand of the (municipal president) mayor, municipal treasurer, municipal secretary, or any Constabulary, police, or other peace officer, any person claiming to own large cattle shall produce and submit to such officer making the demand certificates of ownership and certificates of transfer showing his title thereto. In case of loss of certificates of ownership or certificates of transfer, certified copies of the entries showing the issuance of the original documents may be furnished in lieu of the original papers.

[1147–23.]

SECTION 532. Municipal treasurer’s permit for slaughter of large cattle. – No large cattle shall be slaughtered or killed for food at the municipal slaughterhouse except upon permit secured from the municipal treasurer. Before issuing the permit for the slaughter of large cattle for human consumption, the municipal treasurer shall require for branded cattle the production of the original certificate of ownership and certificate of transfer showing title in the person applying for the permit, and for unbranded cattle such evidence as may satisfy said treasurer as to the ownership of the animals for which permit to slaughter has been requested.

[1147–30.]

SECTION 533. Restriction upon slaughter of carabao. – Unless otherwise provided by ordinance by the municipal council concerned, no permit to slaughter carabao shall be granted by the municipal treasurer unless such animals are unfit for agricultural work or for draft purposes, and in no event shall a permit be given to slaughter for food any animal of any kind which is not fit for human consumption. Any ordinance authorizing the slaughter of carabaos fit for agricultural work shall not take effect until it has been approved by the Secretary of the Interior.

[1147–31; 3584–1.]

SECTION 534. Record of slaughtered or dead cattle – The municipal treasurer shall keep a record of all permits for slaughter issued by him and of all cattle of the death of which he may be informed, and such record shall show the name and residence of the owner, and the class, sex, age, brands, knots of radiated hair commonly known as remolinos or cowlicks, and other marks of identification of the dead animal or animal for the slaughter of which permit is issued, and the date of the death, if known, or the date on which such permit is issued. Names of owners shall be alphabetically arranged in the record, together with data mentioned.

If any large cattle dies from any cause other than that specified in section five hundred and thirty-two hereof, it shall be the duty of the owner or manager to report such death not later than thirty days after he has been informed hereof, to the municipal treasurer of the municipality in which he resides or of the municipality in which the death occurred, surrendering at the same time the certificate of ownership or transfer of the dead animal. The treasurer shall register the death of said animal in the record mentioned in the preceding paragraph and shall cancel the certificates for said animal. Any document of this kind found in the possession of any person shall be seized and disposed of as prescribed in this Act.

A copy of the record, accompanied by the cancelled certificates, shall be forwarded monthly to the provincial treasurer, who shall file and properly index the same under the name of the owner, together with the dates of the deaths and the dates of the permits.

[1147–32; 3295–11.]

SECTION 535. Designation of person by provincial governor to perform duties of municipal and provincial officers. – Where a duty is required hereunder to be performed by a municipal or provincial officer and in the particular province or place no such office as that contemplated in the law exists, the duty in question shall be performed by such person or persons as shall be thereto designated in writing by the governor of the province.

[1147–36.]

SECTION 536. Preceding provisions not applicable in Manila. – The provisions of the preceding sections of this chapter shall not be effective in the City of Manila; and within the limits of said city the branding, registration, transfer, and slaughter of large cattle shall be governed by municipal ordinances and regulations; but the official charged with the duty of registering brands in said city shall forward to the division of archives, patents, copyrights, trademarks, and corporations a report of all brands registered by him.

[1147–37.]

CHAPTER 23

Disposition of Estrays and Stolen Cattle

SECTION 537. Scope of term “municipality.” – The term “municipality” as used in this chapter has the scope indicated in section five hundred and eleven of this Code.

[1147–36.]

SECTION 538. Impounding of estrays and stolen cattle. – All estrays and all animals recovered from thieves or taken by peace officers from persons unlawfully or reasonably suspected of being unlawfully in the possession of the same, shall be delivered to the treasurer of the municipality where found, and it shall thereupon become the duty of such treasurer properly to care for and maintain such animals and to post for at least ten consecutive days at the door of the municipal building in the municipality holding the animals and to forward immediately to the recorder of the provincial board, written notices in Spanish and in the local dialects of the finding of such estrays or of the seizure or taking of the animals delivered to the municipal treasurer, together with the class, sex, age, brands, knots or radiated hair commonly known as remolinos or cowlicks, and other marks of identification of the estrays or of the animals seized or taken from persons not entitled to the possession hereof, and notifying owners of such animals to present themselves within twenty days after date to the municipality and establish title thereto. It shall be the duty of the provincial secretary to send copies of the notice herein provided for to the municipal (presidents) mayors of the province concerned, whose duty it shall be to order said notice published by bandillo in all the barrios of their respective municipalities once a week during said period of twenty days.

[1147–25; 3576–1.]

SECTION 539. Restoration to owner. – In case owners of animals taken as estrays or seized as above set out present themselves within the time limited in the notice and prove title thereto, it shall be the duty of the municipal treasurer to cause delivery of such animals to the lawful owners upon payment of actual expenses of the maintenance and transportation, giving receipts for moneys paid and taking receipts for the animals delivered: Provided, however, That owners of stolen animals impounded in the municipal pound shall be exempt from the payment of pound fees.

[1147–25; 3576–2.]

SECTION 540. Sale of unclaimed animal. – Should the owners of such animals fail to present themselves within the time fixed in the notice and prove title to the animals taken or seized as aforesaid, immediate notice of that fact shall be given by the municipal treasurer to the provincial board of the province, which shall order said animals to be sold at public auction and shall give notice of the sale at least fifteen days before the date of sale by posting notice thereof at the door of the provincial building and at the door of the municipal building where such animals are held, and by bandillo in the barrios of said municipality. The notice of the sale shall contain a statement of the class, sex, age, brands, knots of radiated hair commonly known as remolinos or cowlicks, and other marks of identification of the animals to be sold, the place where found or seized, and the date, hour, and place of sale. The place of sale shall be fixed, in the discretion of the provincial board, either at the provincial capital or in the municipality where such animals are held.

Animals ordered to be sold by the provincial board in accordance with the provisions of this section shall be sold for cash to the highest and best bidder therefor at public auction by verbal bidding, and the purchaser at such sale shall receive a good and indefeasible title to the animal sold: Provided, however, That notwithstanding the provisions of the preceding sections, if the owner appears at or during the time of the auction and proves his title, the sale shall be suspended and the animal shall be delivered to him upon payment of the maintenance and transportation expenses.

A record of any such sale shall be made in the municipality in which the sale took place and a certificate shall be issued as in ordinary sales, except that the entry and certificate shall show that the sale was made by the municipality in conformity with this section, and the signature of the owner shall be omitted from the entry and certificate.

[1147–25, 26; 3576–3.]

SECTION 541. Notice to be given by treasurer to provincial recorder. – It shall be the duty of the municipal treasurer promptly to notify the secretary of the provincial board of all proceedings taken by him in each case arising under the preceding section.

[1147–25.]

SECTION 542. Reclamation of animal by owner prior to sale. – At any time before actual sale as above provided, the lawful owner of the animal may prove title thereto to the municipal treasurer and receive his property on payment of all costs incurred by the municipality or the province for the care, maintenance; and transportation of the same.

[1147–27.]

SECTION 543. Payment of net proceeds to owner. – If the owner of any animal sold at public auction pursuant to the foregoing provisions shall appear and present proper evidence of title to such animal, it shall be the duty of the municipal treasurer to receive such evidence of title and deliver the same to the provincial board of the province. Said board shall examine such evidence and make such other investigation as to it may seem proper, and if satisfied that the animal in question belonged to the claimant it shall cause the net proceeds of the sale to be paid to him; but no such claim shall be received or allowed after the lapse of one year from the time of public sale.

[1147–28.]

SECTION 544. Final disposition of proceeds of sales. – The proceeds of sales made as contemplated above shall, in organized municipalities, be paid into the treasury of the municipality in which the animal or animals were found or seized, and in case of municipal districts into the provincial treasury for the benefit of the municipal district concerned. The expenses and the cost of care, maintenance, transportation, and sale of such animals shall be a special charge against the moneys so paid in. Funds derived from such sales shall not be available for general expenditure until the lapse of one year from the date of sale.

[1147–29, 36.]

CHAPTER 24

Supervision of Orphans

SECTION 545. Transfer of child from institution for poor children. – The competent authorities of any asylum or institution in which poor children are cared for and maintained at public expense are authorized, subject to regulations approved by the Secretary of the Interior, to place any orphan or other child so maintained therein whose parents are unknown, or being known are unable or unwilling to support such child, in charge of any suitable person who may desire to take such child and shall furnish satisfactory evidence of his ability suitably to maintain, care for, and educate such child.

The instrusting of a child to any person as herein provided shall not constitute a legal adoption and shall not affect the civil status of such child or prejudice the right of any person entitled to its legal custody or guardianship.

[2657–862]

SECTION 546. Duty of person assuming care of child. – It shall be the duty of any person who shall thus take any child from an asylum or institution suitably to maintain, care for, and educate it while in his custody.

[2657–863.]

SECTION 547. Supervision of Secretary of the Interior – Restoration of child to institution from which taken. – The any specially organized province or on any province of Secretary of the Interior shall personally or by agent visit every child so committed to the care of a private person at least once every three months and shall make all needful inquiries as to its welfare; and if he shall find that any such child is not being properly maintained, cared for, and educated, or if the person with whom such child has been placed shall no longer desire to retain the custody thereof, he shall again place the child in the asylum or institution from which it was taken.

[2657–864.]

SECTION 548. Adoption of child from institution for poor children. – Upon the application of any person to the competent authorities of any asylum or institution where the poor children are maintained at public expense to adopt any child so maintained therein, it shall be the duty of such authorities, with the approval of the Secretary of the Interior, to report the fact to the provincial fiscal, or in the City of Manila to the fiscal of the city, and such official shall thereupon prepare the necessary adoption papers and present the matter to the proper court. The costs of such proceeding in court shall be de oficio.

[2657–865.]

BOOK II

Organization and Administration of Bureaus

TITLE VI

Bureau Organization in General

CHAPTER 25

Provisions Common to Various Bureaus and Offices

ARTICLE I

Bureau Organization

SECTION 549. Seal of Bureau. – The respective Bureaus shall keep appropriate seals, with which shall be sealed all commissions, records, transcripts, and other documents requiring authentication.

[2657–290.]

SECTION 550. Power and duties of chiefs of Bureaus. – The Director or other chief official in each Bureau or Office shall exercise the functions of chief executive and administrative officer thereof. It shall be his duty, under the immediate executive control, direction, and supervision of the proper Department Head, to exercise general authority in all matters embraced within the jurisdiction of the Bureau or relating to the operation thereof and to see the enforcement of all laws and regulations pertaining to it.

For administrative purposes, a Bureau chief may, consistently with law, distribute the work of his Bureau among such permanent divisions and sections as may be deemed advisable; and he shall define the duties of his subordinates in so far as may be desirable for the efficiency of the service.

[2657–291.]

SECTION 551. Authority to prescribe forms and make regulations. – Every chief of Bureau shall prescribe forms and make regulations or general orders, not inconsistent with law, to secure the harmonious and efficient administration of his branch of the service and to carry into full effect the laws relating to matters within the jurisdiction of his Bureau; but penalties shall not be prescribed in any such regulations or orders for violation thereof except as expressly allowed by law.

Regulations and orders shall become effective only when approved by the Department Head and published in the Official Gazette or otherwise publicly promulgated. Formal approval or publication shall not be necessary as regards circulars of information or instructions for the guidance of officers and employees in the internal administration of the affairs of the Bureau.

All general orders issued by a Bureau chief shall be serially numbered. Such orders shall be called administrative orders and they shall be so entitled.

[2657–292.]

SECTION 552. Officials and subordinates of Bureaus and Offices in general. – The officials and subordinates of each of the several Departments, Bureaus, Offices, and branches of the service shall consist of such as are specified in this Code and of such other assistants, clerks, employees, and agents as may, in each case, be essential to the proper accomplishment of the work required to be done and available within the limits of appropriated funds.

[2657–293.]

SECTION 553. Authority of Bureau chief to employ and discharge subordinates. – Laborers receiving compensations at a rate of seven hundred and twenty pesos or less per annum and other employees receiving compensation at the rate of two hundred and forty pesos or less per annum shall be employed and discharged by the chief of Bureau or Office, subject only to the general control of the Department head.

Other subordinates and employees shall be employed and discharged by the chief of Bureau or Office and, except as otherwise specially provided, in conformity with the provisions of the Civil Service Law.

[2657–294.]

SECTION 554. Duties of assistant and other subordinates. – Assistant chiefs and other subordinates in every Bureau, Office, and branch of the service shall, respectively, perform therein such duties as may be required of them by law or regulation or as may be specified by the chief or head of the office or other person in lawful authority over them.

The circumstance that the duties of any subordinate officer or employee are specified by law shall not, in the absence of special restriction, be understood to prevent his being assigned to additional duties by proper authority, when not inconsistent with the performance of the duties imposed by law.

[2657–295.]

SECTION 555. Acting chief of Bureau. – During the absence or disability of the chief of a Bureau, the Department Head may designate as acting chief the Under Secretary of the Department, who shall perform the duties of the office in addition to his duties as such Under Secretary, or any officer or employee of the Bureau or other officer or employee in the Department.

[2657–296.]

SECTION 556. Designation of acting head of Office by (Governor-General) President of the Philippines. – During the temporary absence or disability of the head of any Office or branch of the service, not in or subordinate to a Bureau, the (Governor-General) President of the Philippines may, in the absence of special provision, designate any officer or employee to fill his place.

[2657–297.]

SECTION 557. Performance of duties of subordinate officers temporarily absent. – In case of the temporary absence or disability of any subordinate officer or employee in any Bureau or Office, the chief of such Bureau of Office may, in the absence of special provision, designate any other subordinate officer or employee in his Bureau or Office temporarily to perform the duties of the person thus absent or disabled, or he may temporarily perform such duties himself.

[2657–298.]

SECTION 558. Filling of vacancies. – Vacancies caused by the death, resignation, or removal of any officer or subordinate may be temporarily supplied in the same manner as in case of absence or disability. Such vacancies shall not be filled by permanent appointment until the expiration of any leave allowable to the predecessor, unless the (Governor-General) President of the Philippines or proper head of Department is of the opinion that the exigencies of the service require that the appointment be made forthwith.

[2657–299.]

SECTION 559. Filling of vacancy by appointment of person or persons in lower grade. – With the prior approval of the (Governor-General) President of the Philippines or proper head of Department, a vacancy in a position of any grade may be filled by the appointment of one person or more of a lower grade; but in such case the aggregate of salaries paid shall not be greater than the salary authorized by law for that position.

[2657–300.]

SECTION 560. Bonds required of private persons – Duties of Bureau chief in respect thereto. – The chief of each Bureau shall, consistently with law, prescribe the form and fix the amount of all bonds executed by private parties to the Government under the laws pertaining to his Bureau and shall pass on the sufficiency of the security and retain possession of the bond.

When it appears that any such bond is risky or insufficient, such chief may require better security, and after notice to the party concerned, and upon his failure within a reasonable time to give better security, or additional security, may abrogate the privileges secured by the giving of the bond, but such action shall be without prejudice to the liability of any person or property already obligated.

[2657–301.]

SECTION 561. Contract for transportation equipment belonging to employee – Loan for purchase of equipment. – Subject to restriction and regulation by executive order the chief of Bureaus may, in the absence of other adequate transportation equipment, enter into contracts with employees for the use by the latter, respectively, on official business, of transportation equipment owned by them, at a rental to be paid from the transportation-expense funds of the Bureau in question; but no allowance hereunder shall be in excess of twenty pesos per month in the case of a horse, or thirty pesos per month in the case of motor vehicles or vessels. When the nature of the official duties of any such employee justifies the permanent assignment to him of transportation equipment for his official use, he may, in the absence of other suitable means of transportation and with the prior approval of the proper head of Department, be loaned from the same funds an amount sufficient to purchase the necessary means of transportation, not to exceed four hundred pesos for an American horse or motor vehicle and two hundred pesos for a native horse, such loan to be repaid to the Government in monthly installments of not less than ten per centum of the amount loaned.

[2657–302.]

ARTICLE II

Hours of Labor

SECTION 562. Legal hours of labor – Minimum requirement. – The Chiefs of Bureaus and Offices in every branch of the Government service shall require of all employees, of whatever grade or class, not less than the legal number of hours of labor.

Such hours, except for school and courts, shall be as prescribed in the Civil Service Rules and as otherwise from time to time disposed in temporary executive orders, in the discretion of the (Governor-General) President of the Philippines but save on Saturday and during the hot season they shall not be less than six and one-half hours per day, not including time for lunch.

[2657–303.]

SECTION 563. Government employees not required to work on holidays. – Upon holidays the school, courts, and the various Departments, Bureaus, and Offices pertaining to the administration of the (insular) national, provincial and municipal governments shall be closed; and on such days attendance or labor shall not be required of employees, except as otherwise provided.

[2657–304.]

SECTION 564. On Saturdays and during the hot season. – On Saturdays throughout the year and on all days during the hot season, from April first to June fifteenth, inclusive, the period of labor may be reduced to five continuous hours: Provided, That in the case of the city of Baguio the short hours will be observed from July first to September fifteenth, inclusive; but an executive order so disposing shall not oblige the head of any Department, Bureau, or Office so to reduce the hours of labor in his branch of work but shall leave the same in his discretion subject to the requirements of the service.

[2657–305; 3710–1; see Ex. Or. No. 222 (1939).]

SECTION 565. Temporary suspension of labor for special reasons. – The (Governor-General) President of the Philippines may, for special reasons only, direct that any Department, Bureau, or Office be closed during any particular day, or for part of a day, as occasion requires.

[2657–306.]

SECTION 566. Extension of hours and requirement of overtime work. – When the interests of the public service so require, the head of any Department, Bureau, or Office may extend the daily hours of labor, in what manner soever fixed, for any or all of the employees under him, and may likewise require any or all of them to do overtime work not only on work days but also on holidays.

[2657–307.]

ARTICLE III

Officials Authorized to Execute Government Conveyances and Contracts

SECTION 567. Authority of the President of the Philippines to execute contracts relative to real property. – When the Commonwealth of the Philippines is party to a deed conveying the title of real property or is party to any lease or other contract relating to real property belonging to said government, said deed or contract shall be executed on behalf of said government by the President of the Philippines or by an officer duly designated by him, unless authority to execute the same is by law expressly vested in some other officer.

[2657–308; C.A. 261–1.]

SECTION 568. Authority of (insular) national officials to make contracts. – Written contracts not within the purview of the preceding section shall, in the absence of special provision, be executed, with the approval of the proper Department Head, by the chief of the Bureau or Office having control of the appropriation against which the contract would create a charge; or if there be no such chief, by the proper Department Head himself or the (Governor-General) President of the Philippines as the case may require.

Contracts on behalf of the (Insular) National Government with companies operating vessels engaged in the coastwise trade to secure the carriage of freight and passengers for the Government shall be executed by the Secretary of Public Works and Communications, subject to such restrictions as may be prescribed by law; but vessels engaged in the coastwise trade and vessels plying between Philippine ports shall continue to carry mail free.

[2657–309; see Act 4007–36.]

ARTICLE IV

Gratuitous Conveyance of Government Property for Certain Purposes

SECTION 569. Conveyance of Government property to province, city, or municipality. – When real property belonging to the Government of the (Philippine Islands) Philippines is needed for school purposes or other proper governmental use by the province, city, municipality, or other local political division wherein the property is situated, it shall be competent for the (Governor-General) President of the Philippines to execute to such province, city, municipality, or other local political division a proper conveyance thereof by way of gift, sale, lease, exchange, or otherwise, and upon such terms, to be inserted in the instrument of conveyance, as shall seem to him most convenient for the interests of the parties concerned. But nothing herein shall be deemed to authorize the conveyance of unreserved public land, friar land, or any other real property held by the Government of the (Philippine Islands) Philippines upon special trust.

[2657–310.]

SECTION 570. Conveyance of provincial property to other branches of Government. – When real property belonging to any province is needed for school purposes or other governmental use by the Government of the (Philippine Islands) Philippines or by any government of a municipality or other local political division wherein the property is situated, it shall be competent for the provincial board, by resolution, to authorize the governor of the province to convey the same in due form to said government, municipality, or other division, as the case may be; and such conveyance may be made without consideration, if the board shall determine.

[2657–311.]

SECTION 571. Conveyance of municipal property to other branches of Government. – When real property belonging to any municipality, (township,) municipal district, or other local political division, is needed for school purposes or other governmental use by the Government of the (Philippine Islands) Philippines or by the government of the province wherein the property is situated, it shall be competent for the council of the municipality or other local division, by resolution, to authorize the conveyance of said property in due form to said government or province, as the case may be; and such conveyance may be made without consideration, if the council shall so determine.

[2657–312.]

ARTICLE V

Miscellaneous Receipts of Bureaus and Offices

SECTION 572. Charges for property sold or service rendered – Refunds. – For services not required by law to be rendered without charge, for supplies furnished, or articles of any kind sold to other branches of the Government, or to any person or persons, the chief of a Bureau or Office may, upon the approval of the proper head of Department, charge and collect the cost of the same, or such other rate in excess of cost as may be prescribed by law or approved by the same authority. For cities, organized under special charters, such rate, unless otherwise prescribed by law, shall be fixed at cost or in excess of cost by the boards or councils of said cities; and in the case of the provinces, municipalities, (townships,) and (settlements,) municipal districts, by the proper provincial treasurers, with the approval of the respective provincial boards.

Upon the submission of facts warranting such action and consistently with good business practice, the authorities which fix the amounts to be paid for services rendered and supplies or articles furnished or sold, in accordance with the foregoing, may recommend that the whole or part of any sum so paid be refunded, and the same shall thereupon be done, upon the approval of the (Insular) Auditor General.

[2657–313.]

SECTION 573. Disposition of miscellaneous Bureau receipts. – Money collected for property thus sold or service rendered, and all other receipts or earnings of Bureaus, Offices, and branches of the (insular) national service, not being revenue or the proceeds of taxation, shall accrue, in the absence of special provision, to the general unappropriated surplus of the (Insular) National Government.

In case of the provinces, municipalities, (townships, settlements,) municipal districts, and cities incorporated under special charters, such receipts shall be paid into their respective treasuries as are their other revenue funds and all be expendable in the same manner.

[2657–314.]

ARTICLE VI

Official Reports

SECTION 574. Annual report of chiefs of Bureaus and heads of Offices. – All provincial governors and the mayor of the City of Manila and all chiefs of Bureaus and heads of Offices of the (Insular) National Government shall severally render annual reports to their respective heads of Department for each fiscal year. Such reports shall be typewritten but shall not be printed unless by specific approval of the proper Head of Department. Official copies of all such reports and statements shall be filed in English and Spanish with the (Philippine Legislature) National Assembly at the beginning of each regular session.

[2657–315.]

SECTION 575. Time for submission of annual reports. – Except as otherwise specially provided, all reports and statements covering the fiscal year required to be rendered annually by any officer of the Government of the (Philippine Islands) Philippines or of any branch thereof or of the government of any political division or subdivision of the (Philippine Islands) Philippines shall be rendered as soon as practicable after the first of (January) July of each year.

[2657–316; see C.A. 373, approved August 23, 1938 re change of fiscal year.]

SECTION 576. Form and contents of reports in general. – The following general rules shall be observed in regard to the form and contents of annual reports:

(a) Such report shall generally contain concise statements of the work of the Bureau or Office concerned and expenditures incurred in the prosecution of the same during the fiscal year, to which shall be added recommendations as to the future, including plans for specific work to be undertaken, if such there be.

(b) Financial reports contained in the annual reports shall be compared and brought into agreement with the Auditor’s books.

(c) In addition, the report shall contain in each case the matter specifically required by law or regulation to be incorporated therein.

[2657–317.]

SECTION 577. Special reports required by Department Head. – Each chief of Bureau or other officer of the Government shall make such special reports concerning the work of his Bureau or Office as may from time to time be required of him by the (Governor-General) President of the Philippines or proper Head of Department.

[2657–318.]

SECTION 578. Submission of annual estimates. – At least thirty days before the opening of each regular session of the (Philippine Legislature) National Assembly each chief of Bureau or head of Office of the (Insular) National Government shall file with. the proper Department Head a statement of the receipts and expenditures of his Bureau or Office during the year and an estimate of the receipts and necessary expenditures thereof for the ensuing fiscal year, including any details which the Secretary of Finance may require.

Such reports shall be made in accordance with the forms prescribed by the Secretary of Finance.

[2657–319.]

ARTICLE VII

Miscellaneous Provisions

SECTION 579. Inhibition against purchase of property at tax sale. – Officials and employees of the Government of the (Philippine Islands) Commonwealth of the Philippines are prohibited from purchasing, directly or indirectly, from the Government, any property sold by the Government for the non-payment of any public tax. Any such purchase by a public official or employee shall be void.

[2657–320.]

SECTION 580. Powers incidental to taking of testimony. – When authority to take testimony or evidence is conferred upon an administrative officer or upon any nonjudicial person, committee, or other body, such authority shall be understood to comprehend the right to administer oaths and summon witnesses and shall include authority to require the production of documents under a subpoena duces tecum or otherwise, subject in all respects to the same restrictions and qualifications as apply in judicial proceedings of a similar character.

Saving the provisions of section one hundred and two of this Act, any one who, without lawful excuse, fails to appear upon summons issued under the authority of the preceding paragraph or who, appearing before any individual or body exercising the power therein defined, refuses to make oath, give testimony, or produce documents for inspection, when thereunto lawfully required, shall be subject to discipline as in case of contempt of court and upon application of the individual or body exercising the power in question shall be dealt with by the judge of first instance having jurisdiction of the case in the manner provided by law.

[2657–321; 2944–2.]

TITLE VII

Various Bureaus and Offices

CHAPTER 26

(Bureau of Audits) General Auditing Office

PRELIMINARY ARTICLE

Title of Chapter

SECTION 581. Title of chapter. – This chapter shall be known as the Accounting Law.

[2657–610.]

ARTICLE I

General Organization of (Bureau of Audits) General Auditing Office

SECTION 582. Chief officials of (Bureau of Audits) General Auditing Office. – The (Bureau of Audits) General Auditing Office shall have one chief and one deputy chief, appointed by the President. These officers shall be respectively the Auditor General for the (Philippine Islands) Philippines and the Deputy Auditor General for the (Philippine Islands) Philippines. For brevity they may be designated as the Auditor and the Deputy Auditor respectively when the full title of the office otherwise appears in the document or paper requiring signature; and for the purpose of discrimination the term (Insular) Auditor General may be used.

There shall also be in this (Bureau) Office two assistant auditors and such number of district auditors as the conditions of the service shall require.

[2657–611.]

SECTION 583. Succession to position of Acting Auditor in absence of Deputy Auditor. – In case of the absence from duty from any cause of both the Auditor and the Deputy Auditor, one of the assistant auditors, to be designated by the (Governor-General) President of the Philippines, shall have charge of the (Bureau) Office as Acting Auditor.

[2657–612.]

SECTION 584. General jurisdiction of (Bureau of Audits) General Auditing Office. – The authority and powers of the (Bureau of Audits) General Auditing Office extend to and comprehend all matters relating to accounting procedure, including the keeping of the accounts of the Government, the preservation of vouchers, the methods of accounting, the examination and inspection of the books, records, and papers relating to such accounts, and to the audit and settlement of the accounts of all persons respecting funds or property received or held by them in an accountable capacity, as well as to the examination and audit of all debts and claims of any sort due from or owing to the Government of the (Philippine Islands) Philippines in any of its branches. The said jurisdiction shall also extend to all corporations established and organized in accordance with the laws of the (Philippine Islands) Philippines wherein the Government of the (said Islands) Philippines or any of its branches owns the majority of the stock. In the exercise of this jurisdiction the (Insular) Auditor General shall act as the ex officio auditor of the said corporation and as such he is empowered and authorized,[with the approval of the Board of Control, composed of the Governor-General and the Presidents of both houses of the Philippine Legislature,] to appoint a representative in the said corporation. The (Insular) Auditor General,[with the approval of the Board of Control above mentioned,] shall have the right to appoint and fix the salaries and the number of the personnel to assist said representative in his work. The expenses for the maintenance and operation of his office shall be paid by the corporation concerned.

[2657–613; 3066–1; C.A. 11–1; see C.A. 320, 325, 327 re jurisdiction.]

SECTION 584-A. Check and audit of property and supplies from time to time. – In addition to the general powers of (Bureau of Audits) General Auditing Office mentioned in the next preceding section, it shall be the duty of said (Bureau) Office to make from time to time a careful and thorough check and audit of all property of the Bureaus and Offices, not only of the (Insular) National Government but also of the governments of the provinces, municipalities, and chartered cities. The check and audit provided for in this section shall not be confined to a mere inspection and examination of the vouchers, inventories, and other papers on file in the Bureaus and offices with respect to said property or supplies, but shall include an ocular verification of the existence and condition of said material, and said (Bureau) Office shall subsequently make its recommendations in the proper annual report.

[3569–1.]

SECTION 585. Annual report of (Insular) Auditor General. – The annual report of the Auditor shall embrace the fiscal transactions of the Government for the year and shall show the income, expense, and outlays of the various Departments and Bureaus of the (Insular) National Government and of the various provinces and municipalities for the year.

[2657–614.]

SECTION 586. Auditor’s notification of excessive expenditures by Bureau or Office. – The (Insular) Auditor General shall from time to time bring to the attention of the proper administrative officer any expenditure of money or use of property which in his opinion is irregular, unnecessary, excessive, or extravagant.

[2657–615.]

SECTION 587. Auditor’s right of direct communication with claimants. – The Auditor may communicate directly with any Department, Bureau, Office, or person having official relations with his office or having a claim before him for settlement.

[2657–616.]

SECTION 588. Authority of Auditor in adjustment of accounts between offices. – The (Insular) Auditor General shall have the power, subject to such regulations as may be prescribed therefor, to authorize and enforce the settlement of accounts subsisting between the different Bureaus or Offices of the (Insular) National service; between any such Bureau or Office and any provincial, municipal, or city government; between provincial governments; between municipal or city governments; and between any such provincial and municipal or city governments.

[2657–617; 3066–1.]

SECTION 589. Authority of (Insular) Auditor General to investigate business of railroad company. – The (Insular) Auditor General shall have power to examine from time to time, in his discretion, or when requested to do so by the (Governor-General) President of the Philippines, the books, records, accounts, and vouchers of any railroad company or corporation organized or operating in the (Philippine Islands) Philippines.

[2657–618.]

SECTION 590. Submission of papers relative to Government obligations. – It shall be within the power of the (Insular) Auditor General for purposes of inspection to require the submission of the original of any order, deed, contract, or other obligation under which any payment should or might be made from Government funds, and such certificate or other evidence respecting the same as may be required; and if an authenticated copy is needed as an office record the same shall, upon demand, be supplied.

In the case of deeds to property purchased by the Government, the Auditor shall require a certificate of title entered pursuant to a decree of the Court of Land Registration or other evidence satisfactory to the (Governor-General) President of the Philippines that the title is in the Government.

[2657–619.]

SECTION 591. Authority of officers to administer oath and take testimony. – The (Insular) Auditor General, the Deputy (Insular) Auditor General, the assistant auditors, the department managers, the supervising district auditors, the district auditors, and any other employee of the (Bureau of Audits) General Auditing Office specially deputed for the purpose by the (Insular) Auditor General, shall have authority to administer oaths and take testimony in any investigation or matter within the jurisdiction of the (Bureau of Audits) General Auditing Office.

[2657–620; 3066–1.]

SECTION 592. Statement of monthly receipts and disbursements to Secretary of War. – The Auditor shall forward to the Secretary of War and to the Secretary of Finance, as soon as practicable and within sixty days after the expiration of each month, a statement of all receipts of the (Insular) National Government of whatever class, and payments of moneys made on warrants or otherwise during the preceding month.

[2657–621.]

ARTICLE II

(District) Provincial and City Auditors

SECTION 593. Assignment and compensation of provincial and supervising auditors. – There shall be an auditor for each province, chartered city and the Metropolitan Water District who shall be appointed by the (Insular) Auditor General and shall receive compensation in accordance with the following scale:

(a) For the City of Manila, five thousand pesos per annum.

(b) For first-class provinces, four thousand five hundred pesos per annum.

(c) For second-class provinces, including the Mountain Province, Zamboanga, Davao, and the Metropolitan Water District, four thousand pesos per annum.

(d) For third-class provinces, including the City of Baguio, Lanao, and Cotabato, three thousand six hundred pesos per annum.

(e) For fourth and fifth-class provinces, including Sulu, Agusan, Bukidnon, Nueva Vizcaya, Palawan, and Batanes, three thousand two hundred pesos per annum.

One-half of the salary of the provincial and city auditors shall be paid out of the general appropriation for the (Bureau of Audits) General Auditing Office and the other half shall be paid out of the general fund of the province, city, or district concerned: Provided, That all positions of deputy auditors in the different provinces are hereby abolished.

There shall be four supervising auditors whose annual compensation shall be five thousand pesos each who shall inspect and supervise the work of the several provincial and city auditors, and perform such other duties as may be required of them from time to time by the (Insular) Auditor General: Provided, That the auditor for the City of Manila and the Metropolitan Water District shall be under the direct supervision of the central office of the (Bureau of Audits) General Auditing Office. The (Insular) Auditor General may, as the interest of the service may demand, assign one supervising auditor to two or more divisions or to act as provincial or city auditor in a province, chartered city or the Metropolitan Water District, and may withdraw or transfer him to other assignments. Four provincial auditors at large are hereby authorized whose salary shall be three thousand two hundred pesos each per annum.

The salaries and traveling expenses of the supervising auditors and the provincial auditors at large shall be paid out of the general appropriation for the (Bureau of Audits) General Auditing Office.

[2657–622; 2811–1; 3066–1; 3457–1, as to compensation and salaries see also section 2. See Commonwealth Act 410 (approved September 15, 1938) re salary of City Auditor of Baguio, and C.A. 446 (approved June 8, 1939) as to salaries of provincial and city auditors.]

SECTION 594. Official station and traveling expenses of provincial auditors. – The permanent station of each provincial auditor shall be at the provincial capital. He shall be entitled to traveling expenses payable from the provincial general fund of the province to which he is assigned when traveling on official business.

[2657–623; 3457–1.]

SECTION 595. Providing office for the (district) provincial or city auditor. – It shall be the duty of the provincial board of each province, of the City of Manila, the Metropolitan Water District Board, and the City of Baguio, respectively, to furnish the (district) provincial or city auditor with suitable office space in the provincial, city, or office building, together with necessary office space, furniture, and janitor service.

In case of any disagreement between the auditor of any (district) province or city and the provincial, city, or Metropolitan Water District authorities above referred to, with regard to the sufficiency of the office space, furniture, or other services furnished to the district auditor, the matter shall be submitted to the (Governor-General) President of the Philippines, whose decision in the premises shall be final.

[2657–624; 2811–1; 3066–1.]

SECTION 596. Ineligibility of (district) provincial or city auditor for appointment as provincial treasurer. – During his tenure of office and until one full year after he ceases to be such, a (district) provincial or city auditor shall be ineligible for permanent appointment to the office of provincial treasurer of any province within his district; and during the same period he may serve temporarily as such treasurer only by virtue of the express provision of law.

[2657–625.]

SECTION 597. Functions and jurisdiction of (district) provincial auditors. – Each (district) provincial auditor shall examine and settle the accounts of the provincial, municipal, (township,) and (settlement) municipal district treasurers and other offices of such branches of the Government, within the district assigned to him. In the exercise of this function the (district) provincial auditor shall have exclusive original jurisdiction, and in such matters his powers shall be the same as those exercised by the (Insular) Auditor General in regard to (Insular) National accounts proper.

The (district) provincial auditor shall also make such examinations, within his district, of (Insular) National accounts and render such reports thereon as the (Insular) Auditor General shall require. In this capacity the (district) provincial auditor shall be the immediate representative of the (Insular) Auditor General.

[2657–626.]

SECTION 598. Clerks to and operating expenses of office of provincial auditors. – The fixing of the number of clerks or assistants which the provincial auditor shall have for each province, city, or district concerned shall be determined by the provincial board upon the recommendation of the (Insular) Auditor General. Such clerks shall be appointed by the (Insular) Auditor General and they shall be under the direction of the provincial auditor, and their salaries shall be fixed by the (Insular) Auditor General within the appropriation of the provincial board or body concerned. The operating expenses of the provincial auditor’s office and the salaries and travel expenses of the clerks thereof shall be paid by the province, city, or office concerned, and such province, city, or office shall make the necessary appropriation for said purpose. In case of disagreement between the (Insular) Auditor General and the authorities of the province, city, or office concerned, as to the sufficiency of the number of clerks and the salaries of the same, as well as the travel expenses and other operating expenses of the provincial auditor’s office, the matter shall be submitted to the (Governor-General) President of the Philippines, whose decision in the premises shall be final.

[2657–627; 2811–1; 3066–1; 3457–4.]

SECTION 599.[Transfer of clerk for service in other province.]

[2657–628.]

ARTICLE III

Application of Appropriated Funds

SECTION 600. Use of appropriated funds. – All moneys appropriated for the various branches of the public service shall be available solely for the specific purposes for which appropriated, and for no other. Moneys appropriated for salaries and wages shall not be available for contingent expenses or vice versa.

[2657–630.]

SECTION 601. Appropriations not confined to fiscal year. – In the absence of express provision, legislative appropriations shall not be confined to fiscal years, but shall be available until expended for the purposes for which appropriated, subject to such restrictions as may be specifically imposed by law; but the net surplus of all annual appropriations for the current expenses of the Government remaining at the end of the fiscal year for which such appropriations are made shall revert to the general fund and shall not thereafter be available for expenditure except by subsequent legislative enactment.

[2657–631.]

SECTION 602. Official fiscal year. – The fiscal year of all branches of the Government of the Commonwealth of the Philippines shall be the period beginning with the first day of July of each calendar year and ending with the thirtieth day of June of the calendar year immediately following.

[2657–632; C.A. 373–1.]

SECTION 603. Transfer of unexpended balances to general fund. – The Auditor may transfer at any time, from moneys appropriated for a specific purpose, to the unappropriated general fund, any surplus balances standing to the credit of any appropriation or fund when the officer having administrative control thereof shall certify to the Auditor that there is a surplus in excess of the requirements, or that the work or purpose for which the appropriation was made has been completed or indefinitely postponed, and that there are no outstanding obligations to be paid therefrom.

[2657–633.]

SECTION 604. Reimbursable funds for purchase of supplies. – When in the opinion of the (Insular) Auditor General it shall be advisable to create a reimbursable fund for the purchase of supplies for any Bureau or Office of the (Insular) National Government, he shall so certify to the Secretary of the Department concerned, stating the amount he recommends for such fund, which certificate shall be forthwith transmitted by said Secretary to the (Governor-General) President of the Philippines with his recommendation. The (Governor-General) President of the Philippines may thereupon create such fund and fix the amount thereof, the same to be thereafter administered by the Bureau or Office concerned under regulations of the (Bureau of Audits) General Auditing Office.

[2657–634.]

SECTION 605. Payments of rewards. – When a reward becomes payable by authority of law for information given relative to any offense or for any act done in connection with the apprehension of the offender, such reward shall, in the absence of special provisions, be paid in such manner as shall be prescribed by executive order. The final determination of any such matter by proper administrative authority pursuant to law or any such order shall be conclusive, as regards the liability of the Government, not only as to whether the person in respect to whose right the adjudication is made is entitled to any reward or not, but also as to the amount, if any, to which he may be entitled.

[2657–635.]

ARTICLE IV

Restrictions Upon Making of Public Contracts

SECTION 606. Appropriation antecedent to making of contract. – No contract involving the expenditure of public funds shall be made until there is an appropriation therefor, the unexpended balance of which, free of other obligations, is sufficient to cover the proposed expenditure. This provision shall not, however, be construed to prevent the purchasing and carrying of supplies in stock under the regulations of the (Bureau of Audits) General Auditing Office, provided that when issued such supplies shall be charged to the proper appropriation account.

[2657–636.]

SECTION 607. Certificate showing appropriation to meet contract. – Except in the case of a contract for personal service or for supplies to be carried in stock, no contract involving an expenditure by the (Insular) National Government of three thousand pesos or more shall be entered into or authorized until the (Insular) Auditor General shall have certified to the officer entering into such obligation that funds have been duly appropriated for such purpose and that the amount necessary to cover the proposed contract is available for expenditure on account thereof. When application is made to the (Insular) Auditor General for the certificate herein required, a copy of the proposed contract or agreement shall be submitted to him accompanied by a statement in writing from the officer making the application showing all obligations not yet presented for audit which have been incurred against the appropriation to which the contract in question would be chargeable; and such certificate, when signed by the Auditor, shall be attached to and become a part of the proposed contract, and the sum so certified shall not thereafter be available for expenditure for any other purpose until the Government is discharged from the contract in question.

Except in the case of a contract for supplies to be carried in stock, no contract involving the expenditure by any province, municipality, chartered city, or municipal district of two thousand pesos or more shall be entered into or authorized until the treasurer of the political division concerned shall have certified to the officer entering into such contract that funds have been duly appropriated for such purpose and that the amount necessary to cover the proposed contract is available for expenditure on account thereof. Such certificate, when signed by the said treasurer, shall be attached to and become a part of the proposed contract and the sum so certified shall not thereafter be available for expenditure for any other purpose until the contract in question is lawfully abrogated or discharged.

For the purpose of making the certificate hereinabove required ninety per centum of the estimated revenues and receipts which should accrue during the current fiscal year but which are yet uncollected, shall be deemed to be in the treasury of the particular branch of the government against which the obligation in question would create a charge.

[2657–637; 3441–1.]

SECTION 608. Void contract – Liability of officer. – A purported contract entered into contrary to the requirements of the next preceding section hereof shall be wholly void, and the officer assuming to make such contract shall be liable to the Government or other contracting party for any consequent damage to the same extent as if the transaction had been wholly between private parties.

[2657–638.]

ARTICLE V

Initial Receipt and Disposition of Public Moneys

SECTION 609. Disposition of moneys collected by public officers. – Except as otherwise specially provided all moneys officially received by a public officer in any capacity or upon any occasion must be accounted for as Government funds.

[2657–639.]

SECTION 610. Payments of government moneys into treasury. – Officers of the Government authorized to receive and collect moneys arising from taxes, revenues, or receipts of any kind shall pay the full amounts so received and collected by them into the treasury of the branch of the Government to which such officers in their collecting capacity respectively pertain, to the credit of the particular account or accounts to which the moneys in question initially belong. The amount of such collections ultimately payable to other branches of the Government, shall thereafter be transferred to the respective treasuries of those branches, under regulations which the Auditor shall prescribe.

[2657–641.]

SECTION 611. Treasurer’s receipts for revenue funds. – The (Insular) Treasurer of the Philippines shall issue a series of receipts for each fiscal year showing all revenue and trust funds received by him, each receipt bearing the date upon which deposit was actually made and indicating from whom and on what account the money was received.

These receipts shall be registered and countersigned by the Auditor or his duly authorized subordinate, and to this end shall be transmitted, as issued, to the Auditor, who, after registry and countersignature, shall transmit them to the person who made the respective payments. A receipt lacking countersignature shall not be recognized in the audit of accounts.

[2657–642.]

SECTION 612. Checks receivable as money. – An officer charged with the collection of revenue or the receiving of moneys payable to the Government for taxes or dues, may accept payment in the form of checks drawn on any bank established in the (Philippine Islands) Philippines, and when so received, such checks may be deposited by the collecting officer as money. In case any check received as herein provided is not accepted by the bank for any reason, the person who issued it shall continue to be liable for the sum due and all penalties resulting from delayed payment.

The receiving of checks as aforesaid shall cease as to any bank which shall refuse, upon demand, to receive for deposit or to cash any such check, without exchange, discount, or commission of any kind, at any point in the (Islands) Philippines where the bank may be established or may maintain an agency or branch.

[2657–643; 2979–1.]

SECTION 613. Government warrants receivable as money. – When the same can be done without embarrassment to the financial transactions of the office or officer concerned, checks and warrants issued in payment of Government obligations, shall, upon proper indorsement and identification of the payee, or indorsee, be cashed or received as cash, at their face value by any provincial treasurer, postmaster, or other officer of the (Insular) National Government outside of the City of Manila, who collect or have in their hands moneys belonging to the (Insular) Treasurer of the Philippines.

The cashing of checks or warrants as contemplated above shall not be obligatory in favor of persons not residing, or stationed within the province where the officer to whom the check or warrant is presented is officially located; but the same may be done in the discretion of such officer.

[2657–644.]

ARTICLE VI

Disbursements

SECTION 614. Disbursement of government funds in general. – Revenue funds shall not be paid out of any treasury except in pursuance of lawful appropriation or other specific statutory authority.

Trust funds shall not be paid out of any treasury except in fulfillment of the purpose for which the trust was created or fund received, and upon authorization of the legislative body, or head of Bureau, Office, or other branch of the Government, having control thereof.

(Insular) National revenue and trust funds shall not be withdrawn from the (Insular) National Treasury except upon warrant; but nothing herein shall be construed to prevent disbursing officers from maintaining checking accounts in the (Insular) National Treasury or Philippine National Bank with funds so withdrawn, subject to such regulation as the (Insular) Auditor General shall prescribe.

[2657–645.]

SECTION 615. Requirement of approval and endorsement of head of Office. – Payments to creditors shall be made only upon the specific approval of the chief of Bureau or head of Office concerned, or his duly authorized representative, or if there be no such officer, upon the approval of the Department Head, endorsed upon the warrant or voucher effecting such payment.

[2657–646.]

SECTION 616. Persons authorized to draw warrants for payment of (Insular) national funds. – Warrants upon the (Insular) National Treasury shall be drawn by the chief of Bureau or Office having control of the appropriation or fund against which such warrants are chargeable or by such subordinate as shall be designated for such duty by the proper Department Head.

Warrants chargeable to (insular) national appropriations or funds not under the control of a Bureau or Office shall be drawn by such officer as shall be specified by law or, in the absence of such, designated by the (Governor-General) President of the Philippines.

All payments out of the funds of the city shall be made by the city treasurer, in accordance with the requirements of the law.

[2657–647; 2774–1; 2991–2.]

SECTION 617. To whom warrants may be made payable. – Warrants chargeable to revenue or trust funds of the (Insular) National Government shall be drawn payable either directly to the creditor to whom the money is due or to a disbursing officer for official disbursement. All warrants for withdrawals for cash payment shall bear the words “Advance for official expenditures.”

[2657–648.]

SECTION 618. Disbursing officer for Bureau or Office. – The chief of a Bureau or Office or other officer having administrative control of an appropriation or Government fund subject to be paid out of the (Insular) National Treasury upon warrant may, with the approval of the proper Department Head, designate such number of disbursing officers or agents as may be necessary to disburse such appropriation or fund.

[2657–649.]

SECTION 619. Fund disbursable under regulations of (Bureau of Audits) General Auditing Office. – Funds not specifically required to be withdrawn by warrant shall be paid out under such regulations as the (Insular) Auditor General shall prescribe.

[2657–650.]

SECTION 620. Disbursing agent in Washington. – There shall be a disbursing agent of the Government of the (Philippine Islands) Philippines in Washington, to be appointed by the Secretary of War.

He shall, from funds in his keeping or under his control, pay all bills of the Philippine Government approved by the Secretary of War, and generally shall handle and apply as authorized by law any funds placed in his keeping by or on behalf of the Philippine Government.

He shall give a bond conditioned faithfully to discharge all the duties of his office and to account for all moneys officially coming into his hands. Such bond shall be approved by the Secretary of War and shall be in an amount fixed by him.

[2657–651.]

SECTION 621. Countersigning of warrants by Auditor. – No (insular) national warrant shall be paid by the Treasurer until countersigned by the Auditor or by an officer of the (Bureau of Audits) General Auditing Office thereunto authorized in writing by him.

[2657–652.]

SECTION 622. Treasurer’s responsibility for indorsements. – The (Insular) Treasurer of the Philippines shall, during two years from the date of payment by him, be responsible for the indorsements on all warrants and for this period shall retain them in his custody, after which they shall be filed with the Auditor.

[2657–653.]

SECTION 623. Payment of lost warrants. – When any check or warrant is lost, stolen, or destroyed, the issuing officer may issue a duplicate check or warrant, which shall be paid under such regulations in regard to issuance and payment and upon the execution of a bond to indemnify the Government in such amount and with such security, if any, as the Auditor shall require.

[2657–654.]

SECTION 624. Retention of salary for satisfaction of indebtedness to Government. – When any person is indebted to the Government of the (Philippine Islands) Philippines or Government of the United States, the (Insular) Auditor General may direct the proper officer to withhold the payment of any money due him or his estate, the same to be applied in satisfaction of such indebtedness.

[2657–655.]

ARTICLE VII

Depositaries and Depositary Accounts

SECTION 625. Appointment of depositaries by (Governor-General) President of the Philippines or Secretary of War. – The (Governor-General) President of the Philippines may appoint any bank or banking institution in the (Philippine Islands) Philippines, and the Secretary of War any similar institution in the United States, as a depositary of the Government of the (Philippine Islands) Philippines, after such institution has filed sufficient evidence of its sound financial condition and has deposited, as security, either in the (Insular) National Treasury or in the Bureau of Insular Affairs, at Washington, bonds of the United States or of the Government of the (Philippine Islands) Philippines or other bonds or securities satisfactory to and approved by the officer making the appointment and in such amount as shall be required by him.

[2657–656.]

SECTION 626. Reports of depositaries to (Insular) Auditor General – Payment of stale or stopped checks. – Depositaries shall report to the Auditor at the close of each quarter, or oftener if he shall so require, and in such form as he may direct, the condition of such Government account standing on their books. They shall pay no check drawn against a Government account after two years from date of issue or at any time after notification of stoppage of payment by the Auditor or drawer thereof.

[2657–657.]

SECTION 627. Deposit of funds in hands of officers. – Officers having funds in their hands for disbursement shall deposit them only with such duly appointed depositaries as may be designated by the (Insular) Treasurer of the Philippines.

Collecting officers may, in the same manner, with the further approval of the (Insular) Auditor General, temporarily deposit collections received by them, pending payment into the proper treasury.

[2657–658.]

SECTION 628. Annual report of officers having accounts with depositaries. – Every officer having an account with a depositary shall, at the close of business on the last day of every fiscal year, render a report to the Auditor showing all checks issued by him which have been outstanding and unpaid for two years or more from date of issue.

[2657–659.]

SECTION 629. Final report of officer having account with depositary. – Upon ceasing to act in the official capacity under which an account with a depositary was maintained, the officer having such an account shall render a report to the Auditor, showing the balance standing to his credit with said depositary and a list of checks yet outstanding and unpaid.

[2657–660.]

SECTION 630. Transfer of balance to (Insular) National Treasury. – If in such case there remains an untransferred balance to the credit of such account, the Auditor may require the depositary to deposit such balance, or any part thereof, in the (Insular) National Treasury; and when two years elapse after the final account of such officer is rendered, any remaining balance shall be so deposited.

[2657–661.]

ARTICLE VIII

Accounts and Accounting

SECTION 631. Style of governmental accounts. – All accounts of the Government shall be with the “Government of the Philippines,” and save in the (insular) national branch of the service there shall be added in the style of the account the name of the particular province, municipality, or other governmental division to which it pertains.

[2657–662.]

SECTION 632. Creditors’ unclaimed balances. – There shall be maintained on the books of the Auditor an account styled “Creditors’ unclaimed balances” to the credit of which shall be deposited all moneys for which there is no present rightful claimant. Money accruing to this account shall be held exclusively for the payment of pertinent obligations against it, when certified by the (Insular) Auditor General, not in excess of the respective amounts which accrued to said account by reason of such obligations.

After remaining unclaimed for a period of ten years moneys in this account shall accrue, as treasury funds, to the branch of the Government giving rise to their original deposit, or, in the absence of such, to the (Insular) National Government.

[2657–663.]

SECTION 633. Persons accountable for government funds or property. – Every officer of the Government of the (Philippine Islands) Philippines whose duties permit or require the possession or custody of the government funds or property shall be accountable and responsible therefor and for the safe-keeping thereof in conformity with the provisions of this law.

[2657–664.]

SECTION 634. Primary and secondary accountability for government property. – The Director or other head of a Bureau or Office of the (Insular) National Government is immediately and primarily accountable for all government property pertaining to his Bureau or Office, and the treasurer of a province, municipality, (township) municipal district, or other local division shall be likewise primarily accountable for all government property pertaining to his province, municipality, (township) municipal district, or other division, as the case may be.

Persons entrusted with the possession or custody of government property under any of the officers hereinabove mentioned shall be immediately accountable to such officers, without prejudice to the liability of either party to the Government.

[2657–665.]

SECTION 635. Records and reports required by persons primarily accountable. – An officer primarily accountable for Government funds or property may require any person in possession of the same or having custody and control thereof under him to keep such records and make such reports as may be necessary for his own information and protection.

[2657–666.]

SECTION 636. Measure of liability of officers accountable for government property. – Every officer accountable for property shall be liable for its money value in case of the improper or unauthorized use, or misapplication thereof, by himself or any person for whose acts he may be responsible; and generally he shall be liable for all loss, damage, or deterioration occasioned by negligence in the keeping or use of such property, whether it be at the time in his actual custody or not.

[2657–667.]

SECTION 637. Measure of liability of officers accountable for government funds. – Persons accountable for government funds shall be liable for all losses resulting from the unlawful or improper deposit, use, or application thereof and for all losses attributable to negligence in the keeping of the same.

[2657–668.]

SECTION 638. Credit for loss occurring in transit or due to casualty – Notice to Auditor. – When a loss of Government funds or property occurs while the same is in transit or is caused by fire, theft, or other casualty, the officer accountable therefor or having custody thereof shall immediately notify the (Insular) Auditor General, or the (district) provincial auditor, according as the matter is within the original jurisdiction of the one or the other, and within thirty days or such longer period as the Auditor, or (district) provincial auditor, may in the particular case allow, shall present his application for relief, with the available evidence in support thereof. An officer who fails to comply with this requirement shall not be relieved of liability or allowed credit for any such loss in the settlement of his accounts.

A (district) provincial auditor shall not allow credit for these losses unless the (Insular) Auditor General shall give him express authority to that effect, to be exercised only if the loss is not in excess of one hundred pesos. When, in any case, the allowance of credit is not within the competency of the (district) provincial auditor, the application and evidence, with the recommendation of the (district) provincial auditor, shall be forwarded to the (Insular) Auditor General for his action.

[2657–669; see Act 3457.]

SECTION 639. Liability for acts done by direction of superior officer. – No accountable person shall be relieved from liability by reason of his having acted under the direction of a superior officer in paying out, applying, or disposing of the funds or property with which he is chargeable; but the officer directing any illegal payment or disposition of such funds or property shall be first required to answer therefor.

[2657–671.]

SECTION 640. Destruction or sale of unserviceable property. – When government property has become unserviceable from any cause, or is no longer needed, it shall, upon application of the accountable officer, be inspected by the (district) provincial auditor, or other duly designated officer of the (Bureau of Audits) General Auditing Office, and if found to be valueless or unsalable, may be destroyed in the presence of the inspecting officer, and if found to be valuable, may be sold at public auction, under the supervision of the (Bureau of Audits) General Auditing Office, to the highest bidder, after advertising for not less than six days by printed notice in the Official Gazette, or by notices posted for a like period in at least four public places in the community where such property is to be sold.

Such property may be sold at private sale at such price as may be fixed by the (Insular) Auditor General with the approval of the Department Head concerned.

[2657–622; 3066–1.]

SECTION 641. Transfer of property between different branches of Government. – Government property unserviceable or no longer needed by the branch of the Government to which it belongs may be transferred without cost, or at an appraised valuation, to other branches of the government service, upon authority of the respective heads of Departments concerned.

[2657–673.]

SECTION 642. Disposition of funds or property held by defunct or superseded officer primarily accountable. – When an officer primarily accountable for (insular) national funds or property dies, absconds, or becomes incapacitated for the performance of his duties, the proper head of Department shall designate a custodian to take charge of such funds or property until a lawful successor may be appointed and qualified, and may appoint a committee of one or more persons to count the cash and make an inventory of the property for which such officer was accountable and to determine the responsibility for any shortage therein. One copy of such inventory and of the report of the committee duly certified, shall be filed with the (Insular) Auditor General; but the findings of the committee shall not be conclusive until approved by the (Insular) Auditor General or his duly authorized representative.

If the defunct or superseded officer is accountable for funds or property of a province, the custodian and committee shall be designated by the (Chief of the Executive Bureau) Secretary of Finance; if accountable for funds or property of a city organized under a special charter, by the chief executive of said city; and if accountable for municipal, (township), or (settlement) municipal district funds or property, by the provincial treasurer. In all other respects the proceedings in such cases shall be as above prescribed.

[2657–674.]

SECTION 643. Disposition of funds or property held by defunct or superseded officer secondarily accountable. – If the defunct or superseded officer is responsible to another who is primarily accountable, the latter may himself designate the committee or take other lawful measures for the protection of his interests.

[2567–675.]

SECTION 644. Transfer of funds from one officer to another. – Transfer of (insular) national funds from one officer to another shall, except as allowed by law or regulation, be made only upon prior direction of the Auditor.

[2657–676.]

SECTION 645. Invoice and receipt upon transfer of funds or property. – When Government funds or property are transferred from one officer accountable therefor to another, or from an outgoing officer to his successor, it shall be done upon properly itemized invoice and receipt.

[2657–677.]

SECTION 646. Shipment of government funds or property by carrier – Notation of evidence of loss. – When government funds or property are transmitted from one place to another by carrier, it shall be upon proper bill of lading or receipt from such carrier; and it shall be the duty of the consignee, or his representative, to make full notation of any evidence of loss, shortage, or damage, upon the bill of lading or receipt, before accomplishing it.

[2657–678.]

SECTION 647. Time and mode of rendering account. – In the absence of specific provision all accountable persons shall render their accounts, submit their vouchers, and make deposits of money collected or held by them at such times and in such manner as shall be prescribed in the regulations of the (Bureau of Audits) General Auditing Office or as the (Insular) Auditor General may in particular cases require.

[2657–679.]

SECTION 648. Certificate of balances by (district) provincial auditor. – (District) Provincial auditors shall certify the balances arising in the accounts settled by them to the (Insular) Auditor General and to the proper provincial and municipal or (township) municipal district treasurer in such form as the (Insular) Auditor General may prescribe.

[2657–680.]

SECTION 649. Auditor’s notice to accounting officer of balance shown upon settlement. – The (Insular) Auditor General shall, at convenient intervals, send an official notification in writing to each officer whose accounts have been settled in whole or in part by him, stating the balances found due thereon and certified and the charges or differences arising on such settlement by reason of disallowances, charges, or suspensions. Such statement shall be properly itemized and the reasons for disallowance, charge, or suspension of credit stated. (District) Provincial auditors shall perform the same duty as regards accounts audited by them. A charge or suspension which shall not be satisfactorily explained within ninety days after the deposit in the mails of notice thereof to the officer concerned shall become a disallowance, unless the (Insular) Auditor General or proper (district) provincial auditor, shall, in writing, extend the time for answer beyond ninety days.

[2657–681.]

SECTION 650. Collection of indebtedness adjudicated by Auditor. – The (Insular) Auditor General shall, through the proper channels, supervise and procure the collection and enforcement of all debts and claims, and the restitution of all funds and property, found to be due the Government in his settlement and adjustment of accounts; and if any legal proceeding is necessary to such end, he shall request the (Governor-General) President of the Philippines to authorize and direct the institution of the same.

All money demands in favor of the Government shall bear interest at six per centum per annum from the date of the Auditor’s written demand.

[2657–682.]

SECTION 651. Power of Auditor to compromise claim. – When in the judgment of the (Insular) Auditor General the interest of the Government so requires he may compromise or release, in whole or in part, any claim or settled liability to the Government, not exceeding one hundred pesos, appearing in any matter that has arisen before him or before any (district) provincial auditor; and with the written approval of the (Governor-General) President of the Philippines, he may likewise compromise or release any similar claim or liability not exceeding two thousand pesos.

Applications for relief from such a claim or liability in excess of two thousand pesos shall be submitted, through the Auditor and (Governor-General) President of the Philippines, with their recommendation, to the (Philippine Legislature) National Assembly.

[2657–683.]

SECTION 652. Transcript of Auditor’s record as evidence of liability. – At the trial of any criminal proceeding against an officer for the embezzlement or misappropriation of governmental funds or property, and upon the trial of any civil proceeding to recover an amount due the Government from an accountable officer, it shall be sufficient evidence, for the purpose of showing a balance against him, to produce a transcript from the books and proceedings of the Auditor, in the case of (insular) national accounts and accounts of the City of Manila, and of a (district) provincial auditor in the case of other accounts, and a showing, in this manner, of any balance against such officer shall be prima facie evidence of the misappropriation of the funds or property unaccounted for or of civil liability of the officer as the case may be. Bonds, contracts, or other papers relating to or connected with the settlement of any account may, in the same manner, be proved by the production of a certified copy, but the court may require the production of the original contract or other writing, when this appears to be necessary for the attainment of justice.

[2657–684.]

ARTICLE IX

Appeal and Review

SECTION 653. Appeal from decision of Auditor. – Any person aggrieved by the action or by any decision of a (district) provincial or city auditor in the settlement of an account or claim may within one year appeal to the (Insular) Auditor General and any person similarly aggrieved by the action or decision of the (Insular) Auditor General may likewise within one year appeal to the (Governor-General) President of the Philippines.

From a decision adversely affecting the interest of the Government the appeal may be taken by the proper Head of Department, or in case of provinces and municipalities, or other form of local government, by the head of the Office or branch of the Government immediately concerned.

[2657–685.]

SECTION 654. Procedure incident to appeal. – All appeals shall be in writing and the particular action or decision to which exception is taken shall be specifically set forth, with the reason and authorities relied on for modifying or reversing the same, all the papers in the case being at the same time transmitted to the officer to whom the appeal is taken.

[2657–686.]

SECTION 655. Finality of decision made by Auditor. – A decision of the (Insular) Auditor General or of a (district) provincial auditor upon any matter within their respective powers shall be conclusive upon the executive branches of the Government, subject to appeal or review as hereinafter provided.

[2657–687.]

SECTION 656. Final action by (Governor-General) President of the Philippines or (Secretary of War) President of the United States. – If the (Governor-General) President of the Philippines shall upon any appeal to him, confirm the action of the Auditor, he shall so indorse the appeal and transmit it to the Auditor, and such action shall be final. Should he fail to sustain the action of the Auditor, he shall forthwith transmit his grounds of disapproval to the (Secretary of War) President of the United States, together with the appeal and the papers necessary to a proper understanding of the matter and the decision of the latter officer shall thereupon be conclusive.

[2657-688]

SECTION 657. Power of Auditor to open and revise settled accounts. – At any time before the expiration of three years after the making of any settlement by a (district) provincial auditor, the (Insular) Auditor General may, on his own motion, review and revise the same and certify a new balance. For such purpose he may require any account, vouchers, or other papers connected with the matter to be forwarded to him.

When any settled account appears to be infected with fraud, collusion, or error of calculation, or when new and material evidence is discovered, the (Insular) Auditor General may, within three years after original settlement, open such account, and after written notice to the person concerned and after a reasonable time for his reply or appearance, may certify thereon a new balance. A (district) provincial auditor may exercise the same power in respect to settled accounts pertaining to the branches of the Government under his jurisdiction.

Accounts once finally settled shall in no case be opened or reviewed except as herein provided.

[2657–689.]

ARTICLE X

Terms Defined

SECTION 658. Words and phrases defined. – Words and phrases used in this chapter shall be taken in the sense indicated below:

“Governmental funds” or “government funds” is a general term which includes public moneys or every sort, whether pertaining to the (Insular) National Government, the City of Manila, a province, municipality, or other branch of the Government, and comprises revenue funds proper, depositary, and trust funds.

“Revenue funds” comprise all Government funds derived from the income of the Government in any of its branches and available for appropriation or expenditure according to law.

“Trust funds” are Government funds which have officially come into the possession of the Government or of a Government officer as trustee, agent, or administrator, or which have been received as a guaranty for the fulfillment of some obligation. A trust fund is available only for the specific purpose for which it was created or for which it came into the possession of the Government.

“Depositary funds” are Government funds over which the officer accountable therefor may retain control for the lawful purposes for which the same came into his possession, being subject to his official check for such purposes. The term embraces moneys in the (Insular) National Treasury in its capacity as a depositary and all Government moneys in depositary banks.

“Depositary” means any institution lawfully authorized to receive Government moneys upon current or time deposit. The (Insular) National Treasury, in addition to its faculty as Treasury of the (Philippine Islands) Philippines, for the keeping of treasury and trust funds, is also the chief depositary.

“Contract” includes every species of engagement or agreement competent to originate legal liability or to serve as the basis of a civil action between private parties.

[2657–629.]

CHAPTER 27

Bureau of Civil Service

PRELIMINARY ARTICLE

Title of Chapter

SECTION 659. Title of chapter. – This chapter shall be known as the Civil Service Law.

[2657–695.]

ARTICLE I

Organization of Bureau

SECTION 660. Chief officials of Bureau of Civil Service. – The Bureau of Civil Service shall have one chief and one assistant chief, to be known, respectively, as the (Director) Commissioner of Civil Service and the (Assistant Director) Deputy Commissioner of Civil Service.

[2657–696.]

SECTION 661. Duties of (Director) Commissioner of Civil Service. – It shall be among the powers and duties of the (Director) Commissioner of Civil Service –

(a) To keep a record of all officers and employees in the permanent service of the different branches of the Philippine Government.

(b) To keep a record of the absences of all officers and employees entitled to leave of absence.

(c) To supervise the preparation and rating and have control of all civil-service examinations in the (Philippine Islands) Philippines.

(d) To fix proper limits of age for applicants desiring to enter the service.

(e) To make investigations and special reports upon all matters relating to the enforcement of the Civil Service Law and civil-service rules.

(f) To prepare and certify to the President of the Philippines such rules as may be adapted to the more effectual carrying out of the provisions and purposes of the Civil Service Law and to the securing of an efficient administration of the Government within the scope of the Civil Service Law, such rules to be effective when approved by the President of the Philippines and promulgated in an executive order.

[2657–697; C.A. 177–1.]

SECTION 662. Matters to be prescribed in civil-service rules. – The civil-service rules shall, among other things, prescribe the conditions which shall govern certification from eligible registers, appointments to the service, separations therefrom, suspensions, deductions from pay, reductions, reinstatements, and transfers, and shall define the procedure to be followed in such matters. They shall also contain regulations concerning the hours of labor, the allowance of leave of absence (including the withholding of salary for leave granted), and the allowance of travel expenses and half salary of persons entitled thereto – all in conformity with the provisions of this Code. The rules shall also prohibit any discrimination in the appointment of eligibles by reason of the ratings obtained in the examination, and the political activity and engaging in any private business, vocation, or profession, of persons in the civil service.

[2657–698; C.A. 177–2.]

SECTION 663. Fundamental requirements as to civil-service rules. – Any civil-service rules promulgated by the President of the Philippines upon the recommendation of the Commissioner of Civil Service shall be consistent with the following fundamental requirements:

(a) As far as practicable open competitive entrance examinations shall always be required and/or given to test the merit and fitness of applicants for positions now classified or to be classified hereunder.

(b) Promotion examinations, competitive or noncompetitive, shall be prescribed when practicable.

(c) A thorough physical examination by a Government physician shall be required of every applicant for examination in the Civil Service. Persons found to be physically unfit for efficient service shall be rejected.

(d) A period of trial service shall be required before appointment or employment is made permanent.

[2657–699; C.A. 177–3.]

SECTION 664. Authority of officers and examiners to administer oaths and take testimony. – Officers and examiners of the Bureau of Civil Service may administer such oaths as may be necessary in the transaction of official business, and the (Director) Commissioner of Civil Service or other persons conducting any investigation authorized by him may administer oaths and take testimony in connection therewith.

[2657–700.]

SECTION 665. Duty of officers to aid enforcement of law. – All officers in the Philippine civil service shall aid in all proper ways in carrying the Civil Service Law and the civil-service rules into due effect.

[2657–701.]

SECTION 666. Publication of Official Roster. – From the records kept by the Commissioner of Civil Service shall be published an Official Roster at intervals determined by the President of the Philippines.

[2657–702; C.A. 177–4.]

SECTION 667. Annual report of Commissioner of Civil Service. – The annual report of the Commissioner of Civil Service to the President of the Philippines shall contain an account of the work performed by the Bureau of Civil Service, a statement of the rules certified to the President of the Philippines and promulgated by him and the practical effect thereof, to which shall be added suggestions and recommendations for the effectual maintenance of an efficient and honest civil service in all the administrative branches of the Government.

[2657–703; C.A. 177–5.]

ARTICLE II

Scope of Civil Service

SECTION 668. Persons embraced in Philippine Civil Service. – The Philippine Civil Service shall embrace all branches and subdivisions of the Government; and appointments therein, except as to those which are policy-determining, primarily confidential, or highly technical in nature, shall be made only according to merit and fitness, to be determined as far as practicable by competitive examination.

[2657–704; C.A. 177–6.]

SECTION 669. Civil service status of municipal treasurers. – (Repealed)

[2657–705; 2141–1.]

SECTION 670. Persons embraced in classified service. – Persons in the Philippine civil service pertain either to the classified or unclassified service. The classified service embraces all not expressly declared to be in the unclassified service.

[2657–706.]

SECTION 671. Persons embraced in unclassified service. – The following officers and employees constitute the unclassified service:

(a) A secretary, a sergeant-at-arms, and such other officers as may be required and chosen by the National Assembly in accordance with the Constitution.

(b) Officers, other than the provincial treasurers and Assistant Directors of Bureaus or Offices, appointed by the President of the Philippines, with the consent of the Commission on Appointments of the National Assembly, and all other officers of the Government whose appointments are by law vested in the President of the Philippines alone.

(c) Elective officers.

(d) The Secretaries, technical assistants and private secretaries to the President of the Philippines, one private secretary and one assistant private secretary to the Vice-President of the Philippines, and those, to the several Heads of Departments.

(e) The secretarial and office staff of the Speaker and of each Member of the National Assembly.

(f) One private secretary to each Justice of the Supreme Court.

(g) Members of the commissioned and enlisted service of the Army and Navy of the Philippines.

(h) Laborers whose rate of compensation is not more than two pesos per day.

(i) Persons in the military, naval, or civil service of the United States who may be detailed for the performance of duties with the Government of the Commonwealth.

(j) Secretaries of provincial boards, assistant provincial fiscals, provincial wardens, provincial sheriffs, deputy provincial sheriffs, and secret agents.

(k) Members of the various faculties and other teaching force of the University of the Philippines, including the Business Director and the Registrar of said institution.

(l) Positions which may be declared by the President of the Philippines, upon recommendation of the Commissioner of Civil Service, as policy determining, primarily confidential, or highly technical in nature.

(m) Deputy governors and special agents of the specially organized provinces.

[2657–707; C.A. 177–8; C.A. 477–1.]

ARTICLE III

Civil Service Examinations

SECTION 672. Examination as prerequisite to appointment. – No person shall be appointed to or employed in any position in the classified service until he passes the examination provided therefor: Provided, however, That persons now regularly and permanently employed in any branch or subdivision of the Government, whose positions are or may hereafter be classified by operation of the Constitution and of this Act may, unless separated by proper authority, continue in the service for the term of three years from January first, nineteen hundred and thirty-seven: Provided, That they shall be given three chances to qualify: And provided, finally, That all employees who, upon the approval of this Act, have rendered ten years or more of continuous and satisfactory service in a classified position or in a position which may be subject to classification, shall be given practical examination in which their length of satisfactory service shall be accorded preferred consideration.

[2657–708; C.A. 177–9.]

SECTION 673. Positions in unclassified service not subject to examination requirements. – The examination requirements of the Civil Service Law for entrance into the civil service or for promotion therein shall not apply to positions in the unclassified service, unless the officer making the appointment shall so direct.

[2657–709; C.A. 177–10.]

SECTION 674. Examining committees and special examiners; their incidental expenses. – The Commissioner of Civil Service may, with approval of the proper Head of Department, appoint examining committees or special examiners from officers and employees in the service. Such persons shall be examiners of the Commissioner of Civil Service and shall perform such duties as the Commissioner of Civil Service may require in connection with examinations, investigations, appointments, and promotions; and in the performance of such duties, they shall be under his exclusive control. The duties so performed by them shall be deemed part of the duties of the office to which they pertain, and time shall be allowed for the performance of such duties during office hours. All incidental expenses incurred by them shall be borne by the respective bureaus or offices, provinces, cities, municipalities, or Government boards, corporations, or enterprises, for whose benefit the examinations are held.

[2657–710; C.A. 177–11.]

SECTION 675. Citizenship as qualification for admission to examination. – No applicant shall be admitted to any examination who is not a citizen of the Philippines or of the United States.

[2657–710; C.A. 177–12.]

SECTION 676. (Director’s) Commissioner’s authority to elicit information as to qualifications. – The (Director) Commissioner of Civil Service shall have power to elicit, under oath, from all applicants for examination and from persons in the service full information as to their citizenship, nativity, age, education, physical qualifications, and such other information as may reasonably be required affecting their fitness for the service.

[2657–712.]

SECTION 677. Oath of applicant for examination. – Before admission to a civil service examination in the Philippines, every applicant shall take and subscribe an oath, in such form as shall be prescribed in the civil service rules, wherein the affiant shall declare that he recognizes and accepts the supreme authority of the United States of America and will maintain true faith and allegiance thereto; that he will support and defend the Constitution of the Philippines, obey the laws, legal orders, and decrees promulgated by its duly constituted authorities; that the obligation imposed by such oath is assumed voluntarily, without mental reservation or purpose of evasion; and that the answers to the questions contained in his application for examination are true to the best of his knowledge and belief.

[2657–713; C.A. 177–13.]

SECTION 678. Use of public building for civil-service examinations. – When examinations are held, either in Manila or in the provinces, the officers having custody of public buildings shall allow the reasonable use thereof for such purpose and shall provide for furnishing and lighting the same.

[2657–714.]

ARTICLE IV

Appointment to Civil Service

SECTION 679. Filling of vacancies. – Appointment to the position of chief or assistant chief of a bureau or office and to any other position in the classified service shall be made by the promotion of persons in the competitive service, if there be such who are competent and available and who in the judgment of the appointing power possess the qualifications required.

[2657–715; C.A. 177–14.]

SECTION 680.[Appointment to Position in Civil Service. – Other appointments to positions in the civil service shall be made by the chief of a Bureau with the approval of the proper Department Head.]

SECTION 681. Preferences in selection from lists of eligibles. – In making selection from lists of certified eligibles furnished by the (Director) Commissioner, appointing officers shall, when other qualifications are equal, prefer:

First. Citizens of the (Philippine Islands) Philippines.

Second. Honorably discharged soldiers, sailors, and mariners of the United States.

[2657–716.]

SECTION 682. Temporary and emergency employees. – Temporary appointment without examination and certification by the Commissioner of Civil Service or his local representative shall not be made to a competitive position in any case, except when the public interests so require, and then only upon the prior authorization of the Commissioner of Civil Service; and any temporary appointment so authorized shall continue only for such period not exceeding three months as may be necessary to make appointment through certification of eligibles, and in no case shall extend beyond thirty days from receipt by the chief of the bureau or office of the Commissioner’s certification of eligibles; Provided, That in the case of teachers such temporary appointment may be authorized to continue for a period not exceeding one school semester, or until eligibles who meet the desired qualifications are certified for employment, but not sooner than the beginning of a school semester. Violation of these provisions will render such chief of the bureau or office responsible for the payment of salary to such person employed contrary to law as hereinafter provided. It shall be the duty of the Commissioner of Civil Service to provide a register of eligibles as soon as practicable prior to the expiration of the period of temporary employment.

[2657–717; C.A. 177–16; C.A. 281–1.]

SECTION 683.[Appointments and removals by Governor-General regardless of civil-service qualifications.] – (Repealed)

[2657–718.]

ARTICLE V

Sundry Provisions Relative to Administration of Civil Service

SECTION 684. Limitation on employment of persons in classified service. – No person appointed to a position in the classified service shall, without the approval of the (Director) Commissioner of Civil Service, be assigned to or employed in a position of a grade or character not contemplated by the examination from the results of which appointment was made, unless otherwise provided by law.

[2657–719.]

SECTION 685. Limitation on employment of person in unclassified service. – A person appointed to a position in the unclassified service shall not be employed in any position in the classified service nor shall he be allowed to do clerical duties other than such as may pertain to the office to which he was appointed.

[2657–720.]

SECTION 686. Office records of attendance. – Each chief of a bureau or office shall cause to be kept on a proper form a daily record showing for each day any absence of any employee from duty, due to any cause, and the duration thereof. At the beginning of each month, he shall make full report to the Commissioner of Civil Service of the absences shown by such records for the preceding month. Falsification of time records shall render the offender liable to summary removal from the service and subject him to prosecution as provided by law.

[2657–721; C.A. 177–18.]

SECTION 687. Political activity and contributions to political fund prohibited. – Officers and employees in the civil service, including members of the armed forces, whether classified or unclassified, permanent or temporary, except those holding elective positions, shall not engage directly or indirectly in partisan political activity or take part in any election except to vote; and they shall not be under obligation to contribute to a political fund or to render any political service, nor shall they be removed or otherwise prejudiced for refusing to contribute or render any such service; and no officer or employee in the Philippine civil service shall directly or indirectly solicit, collect, or receive from any other officer or employees, any money or other valuable thing to be applied to the promotion of any political object whatever.

Any person violating any provision hereof shall be removed from office or dismissed from the service and shall be subject also to prosecution as provided by law.

[2657–722; C.A. 177–19.]

SECTION 688. Making gifts to official superiors. – It shall be improper for an officer or employee to make a donation or present any gift of substantial value to an official to whom he is subordinate or to solicit or receive a contribution from other officers or employees in the Government service for the making of such donation or gift. It shall likewise be improper for any official to accept any donation or gift as aforesaid offered or presented to him by any person or persons in the Government service subordinate to himself.

[2657–723.]

SECTION 689. Political and religious affiliations to be ignored. – No inquiry shall be made, and no consideration whatsoever shall be given to any information relative to the political or religious opinions or affiliations of persons examined, or to be examined or of officers or employees in the matter of promotion, and no discrimination shall be exercised, threatened, or promised against, or in favor of, any person employed, examined or to be examined, because of his political or religious opinions or affiliations; and in making removals or reductions, or in imposing other punishment, for delinquency or misconduct, action shall be taken irrespective of the political or religious opinions or affiliations of the offenders.

[2657–724.]

SECTION 690. Payment of salary of person in classified service. – Payment of money on account of salary to any officer or employee in the classified service shall not be made prior to the receipt by the disbursing officer of notification from the chief of the Bureau or Office that the appointment or employment of such officer or employee has been duly authorized as provided by the Civil Service law and rules.

[2657–725.]

SECTION 691. Payment of person employed contrary to law – Liability of chief of office. – No person employed in the classified service contrary to law or in violation of the civil-service rules shall be entitled to receive pay from the Government but the chief of the Bureau or Office responsible for such unlawful employment shall be personally liable for the pay that would have accrued had the employment been lawful, and the disbursing officer shall make payment to the employee of such amount from the salary of the officers so liable.

[2657–726.]

SECTION 692. Liability of disbursing officer for pay of such person. – When the Commissioner of Civil Service finds that any person is holding a position in the classified service in violation of law, he shall certify such fact to the Auditor General and to the disbursing officer through whom the payment of salary or wages to such person is by law required to be made. If the Auditor General finds that a disbursing officer has paid or permitted to be paid salary or wages to any person illegally holding a classified position, the whole amount paid shall be disallowed and the disbursing officer shall not receive credit for the same unless the Auditor General shall find that the chief of the bureau or office is responsible, as above provided, for the payment of such person and that such payment is not due to the failure of the disbursing officer to obtain the evidence required in section six hundred and ninety hereof. In case the disbursing officer is not responsible for the illegal payment, he shall be directed to withhold from the salary of the chief of the Bureau or office responsible for the illegal employment an amount equal to that disallowed by the Auditor General.

[2657–727; C.A. 177–20.]

SECTION 693. Opinion of Commissioner of Civil Service on controverted questions related to service. – A disbursing officer, the head of any department, bureau, or office, or the Auditor General, may apply for, and the Commissioner of Civil Service shall render, a decision upon any question as to whether a position is in the classified or in the unclassified civil service, or whether the appointment of any person to a classified position has been made in accordance with law, which decision, when rendered, shall be final unless reversed by the President of the Philippines on appeal.

[2657–728; C.A. 177–21.]

ARTICLE VI

Discipline of Persons in Civil Service

SECTION 694. Removal or suspension. – No officer or employee in the civil service shall be removed or suspended except for cause as provided by law.

The President of the Philippines may suspend any chief or assistant chief of a bureau or office, and in the absence of special provision, any other officer appointed by him, pending an investigation of charges against such officer or pending an investigation of his bureau or office. With the approval of the proper head of department, the chief of a bureau or office may likewise suspend any subordinate or employee in his bureau or under his authority pending an investigation, if the charge against such subordinate or employee involves dishonesty, oppression, or grave misconduct or neglect in the performance of duty.

[2657–729; C.A. 177–22.]

SECTION 695. Administrative discipline of subordinate officers and employees. – The Commissioner of Civil Service shall have exclusive jurisdiction over the removal, separation and suspension of subordinate officers and employees in the Civil Service and over all other matters relating to the conduct, discipline, and efficiency of such subordinate officers and employees, and shall have exclusive charge of all formal administrative investigations against them. He may, for neglect of duty or violation of reasonable office regulations, or in the interest of the public service, remove any subordinate officer or employee from the service, suspend him without pay for not more than two months, reduce his salary or compensation, or deduct therefrom any sum of not exceeding one month’s pay. From any decision of the Commissioner of Civil Service on administrative investigations, an appeal may be taken by the officer or employee concerned to the Civil Service Board of Appeals within thirty days after receipt by him of the decision.

[2657–730; C.A. 177–23; C.A. 598–1.]

SECTION 696. Person in classified service or entitled to leave. – If the person temporarily suspended or from whose pay a deduction is made is in the classified service or being in the unclassified service is entitled to (accrued leave) vacation and sick leave, the discipline imposed shall not take effect until the order imposing the same receives the approval of the proper Department head, after having been submitted to the (Director) Commissioner of Civil Service for recommendation.

[2657–731.]

ARTICLE VII

Contract to be Executed by Civil Service Employee Coming from United States

SECTION 697. Contract to be executed by appointee coming from United States. – A person residing in the United States, who contemplates accepting an appointment in the Philippine civil service shall, before receiving such appointment, execute contract, wherein he shall agree to remain in the service of the Government of the Philippines for at least two years unless released by the President of the Philippines or proper head of department.

Upon breach of such contract by the appointee or upon his removal for cause, he shall be liable for any sum still due to the Government for expenses in bringing him to the Philippines, and all salary and travel expenses then due or accruing to him shall be withheld as forfeited, and he shall be thereafter debarred from again entering any branch of the Philippine service.

[2657–732; C.A. 177–24.]

SECTION 698. Right of person dying or separated from position without fault. – Where a regularly appointed employee of the permanent service dies or is separated from the service on account of disability, lack of work, or the abolishment of his position, and through no fault of his own, he or his estate shall be allowed such accrued leave as he may have earned for the time served and the travel expenses and half pay to which he would have been entitled had he served two full years.

[2657–733.]

ARTICLE VIII

Allowance for Disability

SECTION 699. Allowances in case of injury, death, or sickness incurred in performance of duty. – When a person in the Philippine civil service or in the service of the Government of a municipality or municipal district is so injured in the performance of duty as thereby to receive some actual physical hurt or wound, the proper Head of Department may direct that absence during any period of disability thereby occasioned shall be on full pay, though not for more than six months, and in such case he may in his discretion also authorize the payment of the medical attendance, necessary transportation, subsistence, and hospital fees of the injured person. Absence in the case contemplated shall be charged first against vacation leave, if any there be.

If a person in such service is killed or dies of injuries received or sickness contracted in line of duty, the Department head may authorize the payment of reasonable burial expenses and of three months’ salary or wages to the widow or dependent child or children of such deceased person, which shall be in accord with his efficiency and service to the Government.

In case sickness follows as a direct and immediate consequence of the performance of some act in the line of duty the Department head may in his discretion authorize the payment of the necessary hospital fees.

For employees of the City of Manila the time allowance and disbursements contemplated above shall not be granted except upon recommendation of the Municipal Board of the city, with the prior approval of the Secretary of the Interior; in the case of employees of a provincial government, upon the recommendation of the provincial board; and in the case of employees of a municipal or municipal district government, upon the recommendation of the municipal council or municipal district (president) mayor, as the case may be.

[2657–734; C.A. 84–1.]

SECTION 700. Priority of Government employee in admission to hospitals. – A person entitled under the rules of any Government hospital to service in the free wards thereof, shall have a right of priority in admission to such free wards, being a Government employee, or the wife, or minor child of such.

[2657–735.]

CHAPTER 28

Bureau of Non-Christian Tribes

SECTION 701.[Chief Official of Bureau of Non-Christian Tribes. – The Bureau of non-Christian Tribes shall have one chief to be known as the Director of the Bureau of nonChristian Tribes.]

[2674–1.]

SECTION 702.[Government official designated as Director of Bureau of Non-Christian Tribes. – Whenever he shall deem it advisable, the Governor-General may, with the approval of the Philippine Senate, designate any civil officer in the service of the Government of the Philippine Islands to serve in the capacity of Director of the Bureau of non-Christian Tribes in addition to his other duties, but without additional pay.]

[2674–1.]

SECTION 703.[Under Secretary serving as Acting Director. – In case of the absence or temporary incapacity of the Director of the Bureau of non-Christian Tribes, the Under Secretary of the Interior shall discharge the duties of acting chief of said Bureau.]

[2674–1.]

SECTION 704.[Jurisdiction of Bureau of Non-Christian Tribes. – Through the Bureau of non-Christian Tribes shall be exercised the supervision and control of the Secretary of the Interior over the government of the provinces, municipalities, and other local political divisions of the Department of Mindanao and Sulu, the Mountain Province, and the Province of Nueva Vizcaya.]

[2674–2.]

SECTION 705.[Special duties and purposes of Bureau. – It shall be the duty of the Bureau of non-Christian Tribes to continue the work for advancement and liberty in favor of the regions inhabited by non-Christian Filipinos and to foster, by all adequate means and in a systematic, rapid, and complete manner the moral, material, economic, social, and political development of those regions, always having in view the aim of rendering permanent the mutual intelligence between and complete fusion of all the Christian and non-Christian elements populating the provinces of the Archipelago. ]

[2674–3.]

CHAPTER 29

Philippine General Hospital

ARTICLE I

Organization and Functions of Philippine General Hospital

SECTION 706. Chief officials of Philippine General Hospital. – The Philippine General Hospital shall have two chiefs, to be known as the Director of the Philippine General Hospital and the Assistant Director of the Philippine General Hospital. They shall be physicians of good repute and graduates from a medical college of recognized standing.

The Director of the Philippine General Hospital shall have all the powers conferred generally on Bureau chiefs.

[2657–925.]

SECTION 707. Functions of Philippine General Hospital. – It shall be incumbent upon the Philippine General Hospital to provide for the training of medical students of the University of the Philippines and for the accommodation and medical treatment of emergency patients in the City of Manila, to render free medical service to such persons entitled thereto as shall apply for the same, and so far as the facilities and means of the Hospital shall extend, to supply medical service and medical attendance gratuitously to poor persons in said city. When not incompatible with the interests of the Hospital suitable accommodations and attendance shall be supplied to pay patients upon terms to be fixed by regulation.

[2657–926.]

SECTION 708. Regulations of Philippine General Hospital. – The Director of the Philippine General Hospital shall have authority, with the approval of the Secretary of (the Interior) Public Instruction, to adopt and promulgate such regulations, not inconsistent with law, as may be necessary to secure the efficient administration of the Hospital and the proper enforcement of all laws relating thereto but such regulations shall in no way limit the free admission to the clinics, operating rooms and wards of the Hospital of the students and members of the faculty of the College of Medicine and Surgery of the University of the Philippines.

[2657–927.]

SECTION 709. Subsistence and quarters for employees. – With the approval of the Secretary of (the Interior) Public Instruction, the Director of the Philippine General Hospital may allow subsistence, quarters, and laundry service in kind to physicians, nurses, or other employees serving in the Hospital when such action seems advisable for the best interests of the public service; and upon the recommendation of the Director, the Secretary of (the Interior) Public Instruction may commute subsistence and quarters to persons entitled thereto at rates according to the following schedule: Employees receiving a salary of less than six hundred pesos per annum, thirty pesos per month; those receiving a salary of six hundred pesos or more per annum, but less than one thousand eight hundred pesos, forty-five pesos per month; those receiving one thousand eight hundred pesos or more but less than two thousand four hundred pesos, sixty pesos per month; those receiving two thousand four hundred pesos or more but less than three thousand two hundred pesos, seventy-five pesos per month; those receiving three thousand two hundred pesos or more, one hundred pesos per month.

[2657–928.]

SECTION 710. Uniforms and commissary supplies. – Uniforms or the materials necessary therefor may be supplied free by the Director to employees of the hospital, the cost thereof being chargeable to the funds available for supplies and materials.

The Director of the Philippine General Hospital shall also have authority to sell commissary supplies at not less than cost to employees and patients in the Hospital. The proceeds of such sales shall be reimbursable to the item of supplies, becoming again available for the purposes thereof.

[2657–929.]

ARTICLE II

School of Nursing

SECTION 711. Philippine General Hospital School of Nursing. – There shall be maintained in the Philippine General Hospital a school for the training nurses, which shall be known as the Philippine General Hospital School of Nursing. Said school shall be under the administrative supervision of the Director of the Philippine General Hospital, subject to visitation of the Board of Regents of the University of the Philippines.

[2657–930.]

SECTION 712. Faculty and instruction. – The activities of the School of Nursing, except as regards instruction in midwifery, shall be in the immediate charge of a superintendent, who shall be a registered nurse of experience, appointed by the Director, with the approval of the Secretary of (the Interior) Public Instruction.

Except as provided in the next succeeding paragraph hereof, the faculty of instruction shall consist of the superintendent and such other instructors, appointed by the Director upon the recommendation of the superintendent as the proper conduct of the school shall require.

The giving of instruction in midwifery shall be in charge of the obstetrical department of the College of Medicine and Surgery of the University of the Philippines.

[2657–931.]

SECTION 713. Conferring of degrees by Board of Regents of the University of the Philippines. – The Board of Regents of the University of the Philippines shall have authority to confer the degree of graduate nurse, or of graduate nurse and midwife, or of graduate midwife, or such other degree as they may establish upon students of the School of Nursing recommended for graduation by the Director of the Philippine General Hospital, provided their qualifications for entrance and graduation have been approved by the University council and the course of instruction accomplished by them have been approved by the Board of Regents.

[2657–932.]

SECTION 714. Appointment of government students. – To the end that the advantages of the School of Nursing may extend to all parts of the Philippine Archipelago, such number of students as shall be practicable under current appropriations shall be matriculated and maintained therein as government students, or pensioners, as hereinbelow provided.

These students shall be selected, in a manner to be prescribed by the Secretary of (the Interior) Public Instruction, with the concurrence of the Board of Regents of the University of the Philippines, and so far as practicable, and consistently with educational qualifications, the appointments shall be distributed equitably among all the provinces; but the number of students admitted from the specially organized provinces during any semester shall not exceed fifteen per centum of the total number.

[2657–933.]

SECTION 715. Subsistence, quarters, and compensation. – Government students admitted to the School of Nursing shall receive subsistence and quarters, in addition to such other allowances and compensation as may be provided by law.

With the approval of the Director of the Philippine General Hospital, the superintendent of the school may withhold a portion of the compensation of any student, not to exceed one-sixth thereof, and deposit the same in the Postal Savings Bank to the credit of the student. Any student who has been separated from the school shall have absolute control of any unexpended balance to his credit in the account.

[2657–934.]

SECTION 716. Contract of government student. – Prior to matriculation in the School of Nursing, every government student shall be required to sign a contract agreeing to serve the Government for a period of at least one year after graduation, at an equitable compensation which shall be fixed by the Secretary of (the Interior) Public Instruction, with the concurrence of the Board of Regents of the University of the Philippines.

[2657–935.]

CHAPTER 30

Board of Pharmaceutical Examiners

PRELIMINARY ARTICLE

Title of Chapter

SECTION 717. Title of chapter. – This chapter shall be known as the Pharmacy Law.

ARTICLE I

Organization of Board of Pharmaceutical Examiners

SECTION 718. Board of Pharmaceutical Examiners. – The Board of Pharmaceutical Examiners shall consist of three members, to be appointed by the Department Head. They shall at the time of their appointment be registered first-class pharmacists in good standing, with five consecutive years of practical experience in compounding and dispensing physicians’ prescriptions.

No pharmacist shall be eligible for appointment upon said Board who is a member of the faculty of any school, college, or university where any branch of pharmacy is taught, or who has any pecuniary interest in such an institution.

[597–1; 2382–1.]

SECTION 719. Functions and duties of Board. – The Board of Pharmaceutical Examiners is vested with authority, conformably with the provisions of this chapter, to issue and revoke certificates of registration for practitioners of pharmacy. The Board shall study the conditions affecting the practice of pharmacy in all parts of the (Philippine Islands) Philippines and shall exercise the powers herein conferred upon them with a view to the maintenance of efficient ethical and technical standards in the pharmaceutical profession.

[2382–1.]

SECTION 720. Term of members of Board. – The members of the Board of Pharmaceutical Examiners shall hold office for three years after their appointment and until their successors are appointed and qualified. No member of said Board may be reappointed until three years shall have passed since the expiration of his last term. Interim vacancies shall be filled by appointment for the unexpired term only.

[2382–1.]

SECTION 721. Removal of member of Board. – The Department Head may remove any member of the Board of Pharmaceutical Examiners for continued neglect of duty or incompetency, or for unprofessional or dishonorable conduct.

[2382–1.]

SECTION 722. Annual election of officers. – At its annual meeting the Board shall elect from its members a president and a secretary-treasurer for the current year. The President shall be the chief executive officer of the Board.

[597–3; 2382–2.]

SECTION 723. Duties of secretary-treasurer. – The secretary-treasurer shall keep a record of the proceedings of the Board and a register of all persons to whom certificates of registration as pharmacist, second-class pharmacist, registered apprentice in pharmacy, or Chinese druggist have been granted, setting forth the name, age, sex, and place of business of each, his post-office address, the name of the pharmaceutical school, college, or university from which he graduated, or in which he has studied pharmacy, if any, and the date of such graduation or length and date of such term of study together with the time spent in the study of pharmacy elsewhere, if any, and the names and locations of all institutions which have granted to him degrees or certificates of lectures in pharmacy, and all other degrees granted to him from institutions of learning.

[597–2.]

SECTION 724. Compensation of members. – The members of the Board, except the secretary-treasurer, shall receive from (insular) national funds as compensation the sum of four pesos each for each candidate examined for registration as pharmacist. The secretary-treasurer shall receive from (insular) national funds compensation at the rate of three hundred pesos per year, one-half of which amount shall be paid on the thirtieth of June and one-half on the thirty-first of December of each year.

[597–2.]

SECTION 725. Annual report. – The Board shall make an annual report to the Department Head, giving an account of its proceedings during the year covered by the report and a statement of moneys received and expenses incurred by it during such period.

[597–6.]

SECTION 726. Regulations. – Regulations governing pharmaceutical examinations and determining the standards to be attained in them and generally such other regulations as may be necessary to carry the provisions of this chapter into effect shall be promulgated by the Board of Pharmaceutical Examiners, with the approval of the Department Head. Penal provisions may be included in said regulations the violation of which shall be punishable as prescribed in section two thousand six hundred and seventy-seven of this Code.

ARTICLE II

Examination and Registration of Pharmacists

SECTION 727. Inhibition against practice of pharmacy by uncertificated person. – Unless exempt from registration, no person shall practice pharmacy in the (Philippine Islands) Philippines without having previously obtained the proper certificate of registration from the Board of Pharmaceutical Examiners.

[597–7, 16; 2382–6.]

SECTION 728. Definition of practice of pharmacy. – A person shall be deemed to be practicing pharmacy within the meaning of this chapter who shall, for a fee, salary, or other reward paid to himself or to another person, prepare, distribute, or sell any medicine, drug, or pharmaceutical preparation, or fill any prescription therefor.

This definition shall, however, be construed subject to the following limitations:

(a) A person shall not be deemed to be practicing pharmacy by reason of being engaged in the selling of mineral medicinal waters.

(b) Registered physicians with legal practice shall not be deemed to be engaged in the practice of pharmacy in putting up their own prescriptions or dispensing medicines to their patients in their own offices, or if there is no pharmacy within a minimum radius of five kilometers from the residence of the patient who request medical treatment at his home, or in emergency cases and where medicines to be applied immediately are concerned.

(c) In a pharmacy or store where medicines are dispensed, prescriptions filled, or drugs and chemicals sold at retail, it shall be sufficient for the purposes of this section that the work of filling prescriptions and the preparation of medicinal compounds be effected in all cases by a registered pharmacist practicing in such pharmacy or store.

(d) In drug stores engaged exclusively in the manufacture or sale of simple drugs and chemical products in quantities greatly in excess of the therapeutic doses of each substance or in the sale of galenic prescriptions or medicinal preparations at wholesale, it shall be sufficient for the purposes of this section that such business be conducted under the immediate supervision of a registered pharmacist practicing only in such store.

(e) A person shall not be deemed to be practicing pharmacy by reason of being engaged in the selling of nonpoisonous household remedies in any store or place more than five kilometers from an established pharmacy; but the preparations which may be so dealt in must be specified in regulations promulgated pursuant to section seven hundred and twenty-six hereof, and the sale of such nonpoisonous household remedies by other persons than registered pharmacists is strictly prohibited in places that are not more than five kilometers distant from an established pharmacy.

[597–12, 23; 2236–1; 2382–7.]

SECTION 729. Persons exempt from registration. – A certificate of registration shall not be required for any pharmacist in the service of the United States in the (Philippine Islands) Philippines.

SECTION 730. Examination requirement. – Except as allowed under the provisions of this chapter, all applicants for registration as pharmacists shall be subjected to examination: Provided, however, That no foreign pharmacist shall be admitted to examination unless the country of which he is a subject or citizen, permits Filipino pharmacists to practice within its territorial limits.

[597–16; 2382–6; 3680–1.]

SECTION 731. Persons exempt from examination. – No examination shall be required of any person who shall, with his application for registration, present to the Board of Pharmaceutical Examiners a proper diploma or other sufficient proof, as the case may require, showing either that:

(a) He had, prior to the ratification of the Treaty of Paris, been qualified under the Spanish law to practice pharmacy in the (Philippine Islands) Philippines; or that

(b) He had, prior to the ratification of the Treaty of Paris, received the degree of licentiate of pharmacy from the University of Santo Tomas in the City of Manila.

[597–9; 2382–3.]

SECTION 732. Semiannual examinations. – The Board of Pharmaceutical Examiners shall meet in the City of Manila for the purpose of examining candidates desiring to practice pharmacy in the (Philippine Islands) Philippines on the first Tuesdays of July and January of each year, after giving thirty days’ written or printed notice of such meeting to each candidate who has filed his name and address with the secretary-treasurer of the Board, and after publishing such notice in Manila in one newspaper published in the English language and one newspaper published in the Spanish language, at least once per week for a like period.

[597–3; 2382–2.]

SECTION 733. Prerequisite qualifications for examination. – Any person applying for examination and for a certificate as pharmacist, shall prior to admission to examination, establish to the satisfaction of the Board:

(a) That he is of good moral character;

(b) That he is registered in the office of the secretary of the Board as an apprentice in pharmacy at least three years before applying for examination;

(c) That he has had at least three years’ practical experience in a pharmacy where the prescriptions of physicians, dentists, or veterinarians are compounded and where drugs, medicines, and poisons are sold at retail;

(d) That he has been graduated from a legally chartered school, college, or university in which professional pharmacy is taught for a period not less than four years of nine months’ course each: Provided, That this provision shall be in force from the date of the examination in pharmacy to take place in July of nineteen hundred and thirty-four; Provided, further, That any person admitted to examination before the Board prior to the examination in pharmacy of July, nineteen hundred and thirty-four, may hereafter take the examination without fulfilling the requisites provided for in this paragraph; and

(e) That he has satisfactorily completed the secondary course in a public high school or one duly recognized by the Government.

[597–3; 2236–1; 2382–6; 3536–1; 3704–1.]

SECTION 734. Pharmacists’ examination. – The examination to be given to applicants for a pharmacist’s certificate shall comprise the following subjects: General chemistry, inorganic chemistry and organic chemistry applied to pharmacy; botany, pharmacology, pharmacognosy; qualitative analytical chemistry and its special application to the analysis of medicines; quantitative analytical chemistry; toxicology; pharmaceutical practice; compounding of prescriptions; bacteriology and hygiene, and pharmaceutical legislation: Provided, however, That candidates having completed their studies of pharmacy in a duly recognized college prior to the approval of this Act, shall not be obliged to submit to examination in the three subjects last mentioned.

[597–16; 2382–6; 2967–1.]

SECTION 735. Programme of examination. – It shall be the duty of the Board to prepare a programme of subjects above mentioned in such manner that the same shall contain all of the knowledge that ought to be required from the candidate to show him capable of practicing pharmacy, which programme, after being approved by the Department Head, shall be published three months before the date of the examinations when it is to be used.

Any alteration that the Board may later wish to introduce in said programme shall also be approved by the Department Head and published three months before the date of the examination.

[2382–6.]

SECTION 736. Report of rating. – The Board of Pharmaceutical Examiners shall immediately upon the completion of the examinations revise the work of the candidates and shall, within the term of two months after the date of the completion of the examinations, report the rating obtained by each examinee, for the information of the persons interested.

[597–3; 2382–2.]

SECTION 737. Reexamination of failed candidate. – A candidate who thrice fails to pass the pharmacist’s examination shall not again be examined until at least one year has elapsed after his last examination.

[2236–1; 2382–6.]

SECTION 738. Forms of certificates – Authentication. – Certificates of registration issued by the Board of Pharmaceutical Examiners shall be of three grades, namely, pharmacist, apprentice in pharmacy, and Chinese druggist.

All certificates shall be signed by a majority of the members of the Board and shall be attested by its official seal.

[597–3; 2382–2; 2382–6.]

SECTION 739. Issuance of pharmacist’s certificate. – An applicant who shall successfully pass the pharmacist’s examination herein-above prescribed shall receive a certificate of registration as pharmacist: Provided, however, That if the applicant who has passed the examination has not completed the age of twenty-one years, a certificate of registration as pharmacist shall not be issued to him until he shall have completed said age of twenty-one years, and he shall in the meantime not be allowed to practise as pharmacist.

[2382–6; 3704–2.]

SECTION 740. Issuance of certificate to apprentice in pharmacy. – A certificate as apprentice in pharmacy shall be issued by the Board of Pharmaceutical Examiners to any person of good habits and moral character reported by a registered pharmacist as having been taken into his employment as a student of pharmacy or an apprentice for the purpose of becoming a pharmacist.

[597–3; 2382–2.]

SECTION 741. Issuance of certificate to Chinese druggist. – A certificate as Chinese druggist shall be issued to any person twenty-one or more years of age and of good habits and moral character who shall submit to the Board of Pharmaceutical Examiners a certificate from the Chinese consul at Manila that he is competent and qualified to conduct a Chinese drug store in accordance with the laws and customs of the Chinese Republic, together with such other evidence as to his fitness to conduct such a store as the Board may require.

[597–3; 2382–2.]

SECTION 742. Limitation on business of Chinese druggist. – A person holding a certificate as Chinese druggist shall not engage in the general practice of pharmacy, and his sales of Chinese drugs and medicines shall be limited to persons of Chinese blood and their families.

[597–22.]

SECTION 743. Issuance of temporary certificate. – Subject to the conditions hereinbelow prescribed, any two members of the Board of Pharmaceutical Examiners may issue a temporary certificate of registration as pharmacist to any applicant upon presentation by such applicant of satisfactory evidence that he possesses the necessary qualifications to practise pharmacy, and that he has not failed to pass any examination before the board.

A temporary certificate shall not be granted when the regular semiannual examination is pending or is to take place within thirty days, and such certificate shall not remain in force longer than sixty days after the examination next succeeding the date of its issuance. In no case shall a temporary certificate of registration be renewed or extended; nor shall two temporary certificates of registration be granted to any person.

Each applicant for temporary registration shall file with the secretary-treasurer of the Board an affidavit to the effect that it is his intention to appear at the next regular meeting of the Board and to submit to an examination with a view of obtaining a permanent certificate.

[2382–5.]

SECTION 743-A. Persons exempt from registration. – Pharmacists of other countries called for consultation shall not be required to register.

[3704–3.]

SECTION 744. Fees for pharmacist’s examination and issuance of certificate of registration as pharmacist. – Every applicant for examination as pharmacist shall pay to the secretary-treasurer a fee of twenty pesos.

When an applicant successfully passes the pharmacist’s examination or when an applicant is registered without examination, he shall be required to pay twenty pesos for the issuance of the certificate of registration.

When a person to whom a temporary certificate has been issued passes a satisfactory examination at the next examination after the issuance of such temporary certificate, a permanent certificate shall be granted to him upon payment of a registration fee of twenty pesos.

[597–5; 2236–1; 2382–5; 3272–1.]

SECTION 745. Fee for other certificates. – For each certificate issued by the Board of Pharmaceutical Examiners for an apprentice in pharmacy a fee of two pesos shall be charged, and for each certificate for a Chinese druggist, a fee of twenty pesos.

[597–5.]

SECTION 746. Refusal of certificate for certain causes. – The Board of Pharmaceutical Examiners shall refuse to issue a certificate to any person convicted by a court of competent jurisdiction of any criminal offense, or to any person guilty of immoral or dishonest conduct, or to any person of unsound mind; and, in the event of such refusal, shall give to the applicant a written statement setting forth its reason for such action, which statement shall be incorporated in the record of the Board.

[597–14.]

SECTION 747. Revocation of certificate. – The Board may also revoke a certificate for any cause specified in the preceding section, or for unprofessional conduct, after due notice to the person interested, and a hearing subject to an appeal to the Department Head, whose decision shall be final.

It shall be sufficient ground for the revocation of a certificate issued to any pharmacist that he has failed to keep a true and correct record of opium, opium compounds, or other prohibited drugs received and dispensed or transferred by him, as prescribed by law.

[597–14; 1761–11; see Act 4162–3.]

ARTICLE III

Sundry Provisions Relative to Practice of Pharmacy

SECTION 748. Reservation in favor of pharmacists heretofore certificated. – Pharmacists and second-class pharmacists who are holders of certificates lawfully issued since the twenty-sixth day of January, nineteen hundred and three, shall not be required to register anew under the provisions of this chapter; and no certificate of the grade of second-class pharmacist shall be issued in the future.

[597–11; 2382–4, 6.]

SECTION 749. Status of second-class pharmacist. – Except as provided in the second paragraph of the next succeeding section hereof, a second-class pharmacist shall in the conduct of his business, be subject to the same regulations and have the same responsibility as other pharmacists.

[597–23; 2382–7.]

SECTION 750. Display of name and certificate of practicing pharmacist. – Every practicing pharmacist shall display his certificate of registration in a conspicuous place within the house, office, or pharmacy, where he practices; and his practice shall be confined to such place. Where a pharmacy contains more than one practicing pharmacist therein the owner or manager shall cause the registration certificate of each of them to be displayed in the same manner.

Every second-class pharmacist shall display conspicuously upon the outside of his place of business a sign on which shall appear his name, followed by the words “second-class pharmacist.”

[597–15, 21.]

SECTION 751. Responsibility for quality of drugs. – Every pharmacist shall be responsible for the quality of all drugs, chemicals, medicines, and poisons he may sell or keep for sale; and it shall be unlawful for any person whomsoever to manufacture, prepare, sell, or administer any prescription, drug, chemical, medicine, or poison under any fraudulent name, direction, pretense or to adulterate any drug, chemical, medicine, or poison so used, sold, or offered for sale. Any drug, chemical, medicine, or poison shall be held to be adulterated or deteriorated within the meaning of this section if it differs from the standard of quality or purity given in the United States Pharmacopoeia.

[597–17; 1921–2.]

SECTION 752. Label of medicines dispensed. – Upon every box, bottle, or other package containing medicine sold or dispensed by a pharmacist there shall be pasted, affixed, or imprinted a seal or label bearing the name of the pharmacy and showing the character of the medicine and proper doses thereof. The label of medicines sold upon prescription shall also show the name of the prescriber and the number of the prescription.

[597–18.]

SECTION 753. Record of prescriptions. – All prescriptions dispensed shall be numbered and the original or a copy thereof shall be preserved in a book or file kept for such purpose.

[597–18.]

SECTION 754. Inhibition against use of cipher or unusual terms in prescription. – It shall be unlawful to prescribe, compound, or dispense prescriptions, recipes or formulas which are written in cipher, or secret keys, or in which there are employed unusual names of drugs which differ from the names ordinarily used for such drugs in standard pharmacopoeias or formularies.

[1921–2.]

SECTION 755. Provisions relative to dispensing of violent poisons. – Every person who dispenses, sell, or delivers any of the following violent poisons, to wit, arsenic, arsenical solutions, phosphorus, corrosive sublimate, cyanide of potassium or other cyanide, atropine, cocaine, morphine, strychnine, or any of their salts, and all other poisonous vegetable alkaloids or any of their salts, hydrocyanic acid, prussic acid, oil of bitter almonds containing hydrocyanic or prussic acid, oil of mirbane, (nitro-benzene), opium and its preparations, except paregoric and such others as contain less than four hundred and fifty milligrams of opium per one hundred cubic centimeters (two grains to the ounce), shall make or cause to be made in a book kept for the purpose of recording the sale of such poisons an entry stating the date of each sale and the name and address of the purchaser, the name and quantity of the poison sold, and the purpose for which it was claimed to be purchased, before delivering it to the purchaser. He shall not deliver any such poison to any person without satisfying himself that such person is aware of its poisonous character, and that the poison is to be used for a legitimate purpose, and he shall affix to every box, bottle, or other package containing any dangerous or poisonous drug, a label of red paper upon which shall be printed in large black letters the word “poison,” and a vignette representing a skull and bones, before delivering it to any person. Books kept for the purpose of recording the sale of poisons shall be open at all times to the inspection of the Board of Pharmaceutical Examiners, and of health officers or officers of the law, and every such book shall be preserved for at least five years after the last entry in it has been made.

[597–19.]

SECTION 756. Provisions relative to dispensing of less violent poisons. – Every person who dispenses, sells, or delivers any aconite, belladonna, cantharides, colchicum, conium, cotton root, digitalis, ergot, hellebore, henbane, phytolaca, strophanthus, oil of tansy, veratrum viride, or their pharmaceutical preparations, carbolic acid (Phenol), chloral hydrate, chloroform, creosote, cotton oil, mineral acids, oxalic acid, paris green, salts of lead, salts of zinc, tartar emetic, white hellebore, or any drug, chemical, or preparation which according to standard works of medicine or materia medica is liable to be destructive to human adult life in quantities of four grams (sixty grains) or less, without the prescription of a physician, shall label the receptacles containing them as is above provided for violent poisons, but shall not be required to register the same.

Nothing in this section shall be construed as applying to the dispensing of medicines, drugs, or poisons on physicians’ prescriptions, but no prescription the prescribed dose of which contains a dangerous quantity of poison shall be filled without first consulting the prescribing physician and verifying the prescription.

[597–20.]

SECTION 757. Receptacle for poisonous drugs. – The poisonous drugs specified in the two next preceding sections shall be kept in a cabinet to be provided in every pharmacy carrying such drugs in stock for the retail trade; and the same shall be kept securely locked when not in use.

[597–18.]

CHAPTER 31

Board of Medical Examiners

PRELIMINARY ARTICLE

Title of Chapter

SECTION 758. Title of chapter. – This chapter shall be known as the Medical Law.

ARTICLE I

Organization of Board of Medical Examiners

SECTION 759. Board of Medical Examiners. – The Board of Medical Examiners shall consist of five members to be appointed by the Secretary of the Department, who shall have the following qualifications: (1) Be a citizen of the (Philippine Islands) Philippines or of the United States of America; (2) hold the degree of M.D., L.M., or M.B., or another equivalent degree conferred by a medical school or college, legally chartered and of good standing; (3) be legally qualified to practice medicine in the (Philippine Islands) Philippines; (4) have been in practice for at least three years; and (5) have no pecuniary interest in any school, college, or university where branch of medicine is taught: Provided, however, That of the five members to be appointed, not more than two shall be graduates of the same institution.

[310–1; 2493–1; 3111–1.]

SECTION 760. Functions and duties of the Board. – The Board shall study the conditions affecting the practice of medicine in all parts of the (Philippine Islands) Philippines and shall exercise the powers conferred upon it by this chapter, with a view to the maintenance of ethical and professional standards among members of the medical profession and midwives in the (Philippine Islands) Philippines. A majority of the Board shall constitute a quorum. The Board s authorized to establish and maintain an office in the City of Manila for the transaction of business.

The Board of Medical Examiners is vested with authority, conformably with the provisions of this chapter, to issue, suspend, and revoke certificates of registration for medical practitioners and midwives, to administer oaths and to subpoena, and to subpoena daces tecum witnesses, for all purposes required in the discharge of its duties and adopt a seal to be affixed to all of its official documents.

[3111–2.]

SECTION 761. Term of members of the Board. -The members of the present Board of Medical Examiners shall continue to hold office during the time for which they were appointed. Two other members shall be appointed, one for three years and one for four years, and thereafter all appointments shall be for five years or until their successors qualify. Interim appointments to fill vacancies occurring through death, resignation or otherwise, shall be for the unexpired term only. Each member of the Board shall qualify by taking the proper oath of office prior to entering upon the performance of his duties.

[2493–1; 3111–3.]

SECTION 762. Removal of a member of the Board. – The Department Head may remove any member of the Board for neglect of duty, incompetency, unprofessional or dishonorable conduct, after having given the member concerned an opportunity to defend himself in the proper administrative investigation.

[2493–1; 3111–4.]

SECTION 763. Annual election of officers. – At its annual meeting the Board shall elect from its members a president and a secretary-treasurer for the current year. The president shall be the chief executive officer of the Board.

[310–2; 2493–2.]

SECTION 764. Duties of secretary-treasurer. – The secretary-treasurer of the Board shall keep a record of the proceedings of the Board and a register of all persons to whom certificates of registration have been granted, setting forth the name, age, sex, and place of birth of each, his place of business, his post-office address, the name of the medical college or university from which he graduated or in which he has studied, if any, and the date of such graduation or term of study, together with the time spent in the study of the profession elsewhere, the names of the countries where the institutions are located which have granted to him degrees or certificates of attendance upon clinic or lectures in medicine and surgery, and all other degrees granted to him from institutions of learning.

[310–2; 2493–3.]

SECTION 765. Compensation of members. -The members of the Board shall receive from the (insular) national funds as compensation, the sum of ten pesos for each candidate examined for registration as physician and two pesos for each candidate examined in midwifery: Provided, That, in the case of candidates for preliminary examination, the members of the Board shall receive from the (Insular) National funds as compensation, the sum of five pesos for each candidate examined, and when the same candidates take the final examination for registration as physician, the members of the Board shall receive another five pesos each. Any physician in the Government service appointed as member of the Board may receive the compensation herein provided in addition to his salary.

[2493–2; 3111–5; 3224–1.]

SECTION 766. Annual report. – The Board shall make an annual report to the Department Head, giving an account of its proceedings during the year covered by the report and a statement of moneys received and expenses incurred by it during such period.

SECTION 767. Rules and regulations. – The Board shall, with the approval of the Department Head, adopt such rules and regulations as it may deem necessary for the performance of its duties, in harmony with the provisions of this Act, as regards the practice of medicine and midwifery in the (Philippine Islands) Philippines, and shall also promulgate rules and regulations governing examinations and the standards to be attained in them, which shall not be changed within sixty days of any examination. Such rules shall be printed in pamphlet form for the information of candidates.

[2493–9; 3111–6.]

ARTICLE II

Examination and Registration of Medical Practitioners

SECTION 768. Grades of certificates. – Certificates of registration issued by the Board of Medical Examiners shall be of two grades; namely, (1) physician and (2) midwife.

[310–3; 2493–6.]

SECTION 769. Authentication of certificates. – All certificates shall be signed by a majority of the members of the Board and shall be attested by its official seal.

[2493–5.]

SECTION 770. Inhibition against practicing medicine by uncertificated persons. – No person shall practice medicine in the (Philippine Islands) Philippines without having previously obtained the proper certificate of registration issued by the Board of Medical Examiners as herein constituted, or the lawful Board which was its predecessor, except as hereinafter stated in this section and in the next following section of this Act.

A person shall be considered to practice medicine within the meaning of this section, who shall, for compensation or reward or even without the same, diagnose, treat, operate, prescribe remedies for any human disease, injury, deformity, physical or mental condition or any ailment, real or supposed, regardless of the nature of the remedy or treatment used or recommended, or who shall, by means of signs, cards, advertisements, or in any other way either offer or undertake by any means or method to diagnose, treat, manipulate, adjust, operate, or prescribe for any human disease, pain, injury, deformity, physical or mental condition.

This section shall not be construed to affect commissioned medical officers serving in the United States Army, Navy, or Public Health Service while so commissioned; or any one serving without professional fees as intern on the resident staff of any legally incorporated hospital; or the furnishing of medicine by authorized Government employees in Government free dispensaries; or any legally registered dentist exclusively engaged in practicing dentistry; or the application of massage whenever advised by duly registered physicians or limited to hygienic or aesthetic purposes; or any person who mechanically fits or sells lenses, artificial eyes; limbs or other apparatus or appliances, or is engaged in the mechanical examination of eyes, for the purpose of constructing or adjusting spectacles, eyeglasses, and lenses; or the furnishing of medical assistance gratuitously in case of emergency or in places where the services of a duly qualified physician, midwife, or nurse are not available; or the administration of family remedies; or the practice of chiropody.

[310–5, 6; 2493–6, 12; 3111–7.]

SECTION 771. Persons exempt from registration. – Registration shall not be required of the following classes of persons:

(a) Physicians and surgeons from other countries called in consultation.

(b) Medical students who are practicing medicine under the direct supervision of a duly registered physician.

(c) Medical officers of the United States Army, the United States Navy, or the United States Public Health Service.

(d) Foreigners employed as technical officers or professors in such special branches of medicine or surgery as may, in the judgment of the Secretary of (the Interior) Public Instruction, be necessary and indispensable in the (Philippine Islands) Philippines.

(e) In cases of epidemics or in municipalities where there is no legally qualified practicing physician, or when the circumstances require it, in the interest of the public health, the Director of Health may issue special authorizations which shall not be valid for more than three months, to all medical students who have completed the first three years of their studies, or to persons who have qualified in medicine, and to graduate or registered nurses, who may request it.

[2493–5, 12.]

SECTION 772. Examination requirement – Foreign physicians. – Except as otherwise specially provided all applicants for registration under the provisions of this chapter shall be subjected to examination as hereinafter provided: Provided, however, That no foreign physician or medical man shall be admitted to examination unless the country of which he is a subject or citizen permits Filipino physicians to practice within its territorial limits.

[2493–5; 3609–1; 4163–1.]

SECTION 773. Persons exempt from examination. – Certificates of registration may be issued without examination to doctors and licentiates of medicine who, not being as yet lawfully registered and having practiced in the (Philippine Islands) Philippines before the promulgation of Act Numbered Three hundred and ten, have interrupted the same for some time, and who present to the Board their diplomas issued by a duly recognized medical school or college.

[2493–5.]

SECTION 774. Time of examination. – The Board shall meet in the City of Manila for the purpose of examining candidates desiring to practice medicine or surgery and midwifery in the (Philippine Islands) Philippines, on the second Tuesday of February, May, August, and November of each year, after giving thirty days’ written notice of such meeting to each candidate who has filed his name and address with the Secretary-Treasurer of the Board.

[2493–4; 3111–8.]

SECTION 775. Prerequisite qualifications for examination. – Every person desiring a physician’s certificate of registration, and applying for examination under the provisions of this chapter shall furnish to the Board satisfactory evidence that he or she is more than twenty-one years of age, of good moral character, and has received a diploma conferring the degree of M.D., L.M., M.B., or other degree of equivalent standard from a reputable medical school of good standing.

The term “reputable medical school” as used in this chapter, is hereby declared to mean such medical schools or colleges as are legally chartered and recognized, which were in good standing at the time of graduation of the applicant, and which five years after the approval of this Act and thereafter, maintain proper standards of medical education, as specified below, and which require as a minimum for admission, two years after the approval of this Act and thereafter, the preliminary education specified below.

Only such medical schools or colleges will be considered reputable and in good standing, within the meaning of this section, which have a faculty of reasonable size to give proper laboratory and clinical instruction to their students in the various branches of the medical curriculum; which have sufficient laboratory equipment and hospital facilities comprising at least a minimum of one hundred teaching ward beds for giving the necessary laboratory and clinical instruction; require for graduation the satisfactory completion of not less than four courses or sessions of not less than eight months each, in four different calendar years, with not less than thirty-five hours of instruction each week plus nine months of hospital internship or clinical work in a hospital; which require attendance upon at least eighty per cent of each course of instruction, and which fulfill their published promises concerning entrance requirement, courses of instruction given, and advantages which may be offered to students in regard to facilities for laboratory and clinical teaching.

Within the meaning of this section, a reputable medical school or college, and in good standing, shall require for the admission of students, the satisfactory completion of not less than two years, of sixty semester hours, in an approved college of liberal arts and science, after the completion of a standard four-year high-school course, representing fourteen high-school units, or its equivalent, as shown by examination.

The sixty semester hours of premedical college work, two years after the approval of this Act and thereafter, must include not less than eight semester hours in general inorganic chemistry four of which must be in laboratory work, four semester hours of organic chemistry two of which must be in laboratory work, six or eight semester hours of physics at least two of which be in laboratory work, and eight semester hours of biology or zoology four of which must be in laboratory work.

Each medical school or college shall keep on permanent file the certificates of preliminary education issued by the college or university previously attended and accepted for the admission of students.

Two years after the approval of this Act and thereafter, students shall present at the time of the first matriculation, the medical students’ entrance certificate, to be issued by the secretary of the Board of Medical Examiners, upon the payment of a registration fee of one peso and the submission of satisfactory credentials acceptable to the Board, as evidence of the fulfillment of the requirements concerning preliminary education.

[310–3; 2493–5; 3111–9.]

SECTION 776. Scope of examination for physicians. – The subjects for the examination of a person applying for a physician’s certificate shall be anatomy, histology, physiology, biochemistry, bacteriology, pathology, hygiene, symptomatology and general diagnosis, surgery, obstetrics, tropical medicine, gynecology, pediatrics, diseases of the nervous system, diseases of the eye, ear, nose, and throat as related to the practice of medicine in general, and legal medicine.

The examination shall be conducted in writing, in English or Spanish. The Board may, at its discretion, hold practical laboratory or bed-side examination, or both written and practical examinations. The examinations shall be practical and fundamental in character, so that the questions may be understood and answered by the candidates.

The questions asked in the written examinations shall be submitted to the entire Board and approved by that body before the examination is held, and, in the same way, the rating or grading by individual examiners shall be submitted to, and approved by a majority of the Board.

Examinations conducted in writing shall be made uniform to all applicants examined at any one time, and the applicants shall be known only by numbers, so that no member of the Board shall be able to identify the papers of any applicant until the same have been graded and passed by the majority of the Board.

Any answer paper bearing a candidate’s name, or any other designation which would or could reveal the candidate’s identity, must be forwarded to the secretary of the Board for rating, making sure that no evidence as to the identity of the candidate remains on the answer paper.

All questions and answers, as rated, passed upon, and marked with their respective average, shall be properly preserved for three years.

The papers shall be graded upon a scale of one hundred per cent, and a general average of not less than seventy per cent, with not less than fifty per cent in any subject shall be required for a certificate of registration.

Any applicant who presents satisfactory evidence that he or she is at least nineteen years of age, of good moral character and has had a satisfactory preliminary education, as specified in this Act, and who presents proper credentials signed by the dean and bearing the seal of a legally incorporated and reputable medical school or college, under the provisions of this Act, to show that he or she has successfully completed at least two of the required four graded courses or sessions in said school, of not less than thirty-two weeks each, of not less than thirty-five hours each week, in two different calendar years, may be examined by the Board, at its discretion, in anatomy, histology, biochemistry, physiology, and bacteriology; and if such an applicant is found to be proficient in these subjects, he or she shall be exempt from further examinations in these subjects at the time of the final examinations.

In case of failure in any subject at any preliminary examinations given in accordance with the next preceding paragraph, the candidate shall not then be reexamined in such subject in which he may have failed, until the completion of the required four courses of medical study and nine months of internship provided for in this Act when such candidate shall be admitted to the final examinations.

[The results of all examinations, including the average and grades obtained by each applicant, shall be submitted for confirmation to the Department Head and made known to the respective candidates within one month after the date of the examination.]

[2493–10; 3111–10; 3224–2.]

SECTION 777. Scope of examination for midwife. – The examination of a person applying for a midwife’s certificate shall embrace the following subjects: Elementary anatomy of the female genital organs, the methods of controlling uterine hemorrhage, the methods of preventing infection of the female genital tract during parturition, the treatment of the cord, and the care of the new-born infant, and such other subjects as the Board may deem necessary to determine the fitness of the applicant to practice midwifery.

SECTION 778. Fees to be collected. – The Secretary-Treasurer of the Board shall collect a fee of fifty pesos from each candidate for the examination for the certificate of registration as physician. Those applicants who take the preliminary examinations after two years in a medical school shall pay twenty-five pesos prior to the final examination. No additional fee shall be charged for the certificate of the registration to those who pass the examination successfully.

The Secretary-Treasurer shall collect a fee of twenty pesos for each certificate issued to a midwife.

[2493–6; 3111–11.]

SECTION 779. Refusal of certificates for certain causes. – The Board may refuse to issue any of the certificates hereinabove provided for to any individual convicted by a court of competent jurisdiction of any offense involving immoral or dishonorable conduct. In case of such refusal, the reason therefor shall be stated to the applicant in writing.

[2493–11.]

SECTION 780. Revocation of certificates and procedure. – The Board may also suspend or revoke, any certificate of registration issued by it, or by the lawful Board which was its predecessor, through error or fraud, or for the cause stated in the preceding section, or for unprofessional conduct.

The words “unprofessional, immoral, or dishonorable conduct,” as used in this chapter, shall be construed to include the following acts: (1) Procuring, aiding, or abetting a criminal abortion; (2) advertising, either in his own name or in the name of another person, firm, association, or corporation, in any written or printed paper, or document, of medical business in which untruthful or improbable promises are made, or being employed by, or in the service of any person, firm, association or corporation so advertising, or advertising in any obscene manner or in a manner derogatory to good morals; (3) habitual intemperance or addiction to the use of morphine, opium, cocaine, or other drugs having a similar effect; (4) conviction of a crime or misdemeanor involving dishonorable conduct; and (5) willfully betraying a professional secret.

Proceedings for revocation of a certificate or registration shall be begun by filing a written charge or charges against the accused. These charges may be preferred by any person or persons, firm or corporation, or the Board of Medical Examiners itself may direct its executive officer to prepare said charges. Said charges shall be filed with the executive officer of the Board of Medical Examiners and a copy thereof, together with written notice of the time and place when they will be heard and determined, shall be served upon the accused or his counsel, at least two weeks before the date actually fixed for said hearing.

The Board shall give the accused a hearing, at which he shall have the right to appear personally or by counsel to cross-examine witnesses, and to procure witnesses in his defense. The Board shall have authority to subpoena witnesses.

The Board shall make a written report of its findings, signed by at least three members of the Board, to the Head of the Department and shall furnish the accused a copy of the same. The accused shall have the right to appeal to the Department Head, whose decision shall be final.

If the Board shall find that the charges are sustained, the Board may, at its discretion, by a majority vote of all the members of the Board, suspend or revoke the certificate of registration, and shall thereupon transmit to the registrar of deeds in the province or city in which said accused person is registered as physician, a certificate under its seal, certifying to the action taken by the Board and giving notice that registration has been annulled. Said registrar of deeds shall upon the receipt of said certificate, file the same and forthwith mark said registration annulled.

Any person who shall practice medicine after his certificate of registration has been suspended or revoked by the Board and after his registration has been annulled in the office of the registrar of deeds in the city or province in which it was registered, shall be deemed to have practiced medicine without registration. Where the certificate of registration has been revoked as herein provided, the Board may, after the expiration of one year, entertain an application for a new certificate of registration, in the same manner that new ones are issued, and in doing so may in their discretion, exempt the applicant from the necessity of undergoing any examination.

[2493–11; 3111–12.]

ARTICLE III

Sundry Provisions Relative to Practice of Medicine

SECTION 781. Reservation in favor of certain practitioners. – Foreign physicians lawfully engaged in the practice of medicine in the (Philippine Islands) Philippines prior to the fifth day of February, nineteen hundred and fifteen, and generally all medical practitioners who are holders of certificates lawfully issued since the fourth day of December, nineteen hundred and one, shall not be required to register anew under the provisions of this chapter.

A person who has heretofore received a certificate authorizing him to engage in the practice of medicine in the capacity of cirujano ministrante may continue to practice in the community where he has heretofore become lawfully established or in any other community where the service of a registered physician is not available; and no certificate of this character shall be issued to applicants in the future.

[2493–5, 6.]

SECTION 782.[Registration of certificate in office of register of deeds.] – (Repealed)

[2493–6; 3111–13.]

SECTION 783. False representation as doctor prohibited. – No person shall in any way advertise as a physician or surgeon or a doctor able to cure, treat, adjust or alleviate any human ailment as a specialist in any of the branches of medicine and surgery or prefix or append the letters M.D., M.B., or L.M., or any other words or letters or designation, with intention to convey the belief that he or she is engaged in the practice of the medical profession or any branch or specialty of the same, who does not possess the certificate of registration issued by the Board of Medical Examiners, or who has not had duly conferred upon him or her by diploma or degree, from some college or school of medicine legally empowered to confer the same, the right to assume said title; nor shall any person assume any title or prefix or append any letters to his name with the intent to represent falsely that he has received a degree in any branch of medicine or surgery.

[2493–14; 3111–14.]

CHAPTER 32

Board of Dental Examiners

PRELIMINARY ARTICLE

Title of Chapter

SECTION 784. Title of chapter. – This chapter shall be known as the Dental Law.

ARTICLE I

Organization of Board of Dental Examiners

SECTION 785. Board of Dental Examiners. – The Board of Dental Examiners shall consist of three members, to be appointed by the Department Head. They shall be reputable dentists, practicing in the (Philippine Islands) Philippines at the time of their appointment and graduates of some reputable dental college or institution constituted and recognized as such by the Government.

No dentist shall be eligible for appointment upon said Board who is member of the faculty of any school, college, or university where any branch of odontology is taught, or who has any pecuniary interest in such an institution.

[2462–1; 2602–1.]

SECTION 786. Functions and duties of Board. – The Board of Dental Examiners is vested with authority, conformably with the provisions of this chapter, to issue and revoke certificates of registration for practitioners of dentistry. The Board shall study the conditions affecting the practice of dentistry in all parts of the (Philippine Islands) Philippines and shall exercise the powers herein conferred upon them with a view to the maintenance of efficient ethical and technical standards in the dental profession.

SECTION 787. Term of members of Board. – Each member of the Board shall hold office for a term of three years from the date of his appointment, the terms of the first appointees having been so adjusted that one expires upon the thirty-first day of December of each year. Interim vacancies shall be filled by appointment for the unexpired term only.

[2602–1.]

SECTION 788. Removal of member of Board. – The Department Head may remove any member of said Board for neglect of duty, or incompetency, or for unprofessional or dishonorable conduct, or for any other just cause.

SECTION 789. Annual election of officers. – At its annual meeting to be held on each second Tuesday of January the Board shall elect from its members a president and a secretary-treasurer for the current year. The president shall be the chief executive officer of the Board.

[2462–2.]

SECTION 790. Duties of secretary-treasurer. – The secretary-treasurer shall keep a record of the proceedings of the Board, and a register of all persons to whom certificates of registration have been granted, setting forth the name, age, place where established, post-office address, the name of the dental institution from which he graduated or in which he has studied, the date of such graduation or upon which he finished his studies, together with the time spent by him in the study of dentistry, and the names and locations of all other institutions which have granted to him degrees or certificates of attendance, clinic, or lectures in medicine or dentistry.

[2462–2.]

SECTION 791. Compensation of members. – The secretary-treasurer shall receive from (insular) national funds annual compensation at the rate of three hundred pesos per annum, and the other members of the Board shall likewise receive from (insular) national funds the sum of five pesos for each candidate examined for registration as a dentist. The compensation of the secretary-treasurer shall be paid one-half on the thirtieth of June and the other half on the thirty-first of December of each year.

[2462–2.]

SECTION 792. Annual report. – The Board shall make an annual report to the Department Head, giving an account of its proceedings during the year covered by the report and a statement of moneys received and expenses incurred by it during such period.

[2462–2; 2602–2.]

SECTION 793. Regulations. – Regulations governing examinations and determining the standards to be attained in them and generally such other regulations as may be necessary to carry the provisions of this chapter into effect shall be promulgated by the Board of Dental Examiners, with the approval of the Department Head.

[2602–2.]

ARTICLE II

Examination and Registration of Dentists

SECTION 794. Inhibition against practice of dentistry by uncertificated person. – Except as otherwise specially provided, no person shall practice dentistry in the (Philippine Islands) Philippines without having previously obtained a certificate of registration as dentist from the Board of Dental Examiners.

Any person shall be regarded as practicing dentistry, within the meaning of this section, who shall for a fee, salary, or other reward, paid to himself or to another person, perform any operation or part of an operation upon the human teeth or jaws, or who shall treat diseases or lesions or correct malpositions of the teeth; but this provision shall not apply to artisans engaged in the mechanical construction of artificial dentures or other oral devices, or to students of dentistry practicing in any legally chartered dental college or establishment on patients under the direction of a professor in such college or of a dental surgeon of such establishment; nor shall this section be construed to interfere with the legitimate practice of physicians and surgeons conducted in conformity with the provisions of the Medical Law.

[593–7; 2462–8.]

SECTION 795. Persons exempt from registration. – Registration shall not be required of dental surgeons of the United States Army or Navy in the (Philippine Islands) Philippines while on duty as such for the members of said Army and Navy, and of dental surgeons from other countries called for consultation.

[2462–8; 3681–1.]

SECTION 796. Examination requirement. – All applicants for registration under the provisions of this chapter shall be subjected to examination as hereinafter provided: Provided, however, That no foreign dentist shall be admitted to examination unless the country of which he is a subject or citizen, permits Filipino dentists to practice within its territorial limits.

[3680–2.]

SECTION 797. Semi-annual examinations. – The Board of Dental Examiners shall meet in the City of Manila for the purpose of examining candidates desiring to practice dentistry in the (Philippine Islands) Philippines on the second Tuesday of June and December of each year.

[2462–3.]

SECTION 798. Prerequisite qualifications for examinations. – Every person applying for examination under the provisions of this chapter shall furnish to the Board satisfactory proof:

(a) That he is of good moral character;

(b) That before he began the study of Dentistry he had finished a four-year high-school course as prescribed by the Department of Public Instruction of the (Philippine Islands) Philippines or its equivalent; and

(c) That he has received a diploma as either doctor of dental medicine or doctor of dental surgery from an institution duly accredited and legally constituted, in which the following branches are taught during four years in regular nine-month courses: anatomy, histology, physiology, bacteriology, chemistry, metallurgy, materia medica and therapeutics, anaesthesia, toxicology, physical diagnosis, radiography, general pathology, oral pathology, oral surgery, operative technic, operative clinic, prosthetic technic, prosthetic clinic, crown and bridge work, dental anatomy, comparative dental anatomy, orthodontia, dental protozoology, dental ceramic, hygiene and sanitation, dental jurisprudence, dental economics and ethics.

The term “school” as herein used includes colleges and universities or other institutions of learning.

In order for a school to be considered duly accredited and legally constituted, within the meaning of this section, it must be incorporated in the (Philippine Islands) Philippines in accordance with the Corporation Law, must follow the four-year course as herein provided for and, after due inspection thereof, it is authorized in writing by the Secretary of Public Instruction to confer the degree of “Doctor of Dental Surgery” or “Doctor of Dental Medicine” and issue the corresponding diplomas or if not having adopted the equivalent courses of studies as above specified it is recognized as reputable by the proper authorities of the country wherein it is established; and

(d) That he has duly covered and attended all the courses offered by the Dental School whence he has graduated, as shown by the schedule of classes which must be submitted every semester by every Dental School one week after the classes have begun, to the Board of Dental Examiners and to the Office of the (Commissioner) Director of Private Education.

[2462–3, 6; 2602–3; 3538–1; 3681–2.]

SECTION 799. Scope of examination. – The examination shall comprise all of the subjects of dental surgery and other auxiliary subjects, in accordance with the teaching plan of the principal and best dental institutions having the best reputation for the excellency of their teaching.

[2462–3.]

SECTION 800. Issuance of certificate of registration. – Every candidate who accomplishes the aforesaid examination in a satisfactory manner shall receive a certificate of registration as dentist: Provided, That no such certificate shall be issued to any candidate who has not attained the age of twenty-one years.

All certificates shall be signed by a majority of the members of the Board and shall be attested by its official seal.

[593–3; 2462–3; 3681–3.]

SECTION 801. Temporary certificates of registration. – Any two members of the Board may issue a temporary certificate of registration to practice dentistry to the applicant upon presentation by such applicant of satisfactory evidence that his moral, educational, and professional qualifications conform to the standards prescribed in this chapter for the practice of dentistry.

Such certificate shall be valid only until the next regular meeting of the Board, at which time the person to whom it has been issued shall report for examination. Temporary certificates of registration shall be issued only when the Board is not in session and will not meet within thirty days. In no case shall a temporary certificate of registration be renewed or extended, nor shall a second temporary certificate of registration be granted to any person. The applicant shall also file in said office an affidavit to the effect that it is his intention to appear at the next regular meeting of the Board and to submit to an examination with a view to obtaining a permanent certificate. Should he appear and pass a satisfactory examination, a permanent certificate shall be granted to him without additional charge; but should he fail to appear or pass a satisfactory examination, the money deposited by him shall not be returned to him.

[2462–9.]

SECTION 802. Fees to be collected. – The secretary-treasurer of the Board of Dental Examiners shall charge the following fees:

For admission to examination, twenty pesos.

For each certificate of registration as dentist, or temporary certificate, thirty pesos.

[2462–4.]

SECTION 803. Refusal of Certificate for certain causes. – The Board of Dental Examiners shall refuse to issue a certificate of registration to any person convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude, and to any person guilty of immoral or dishonorable conduct, or of unsound mind, and in the event of such refusal shall give to the applicant a written statement setting forth the reason for its action, which statement shall be incorporated in the record of the Board.

[2462–10.]

SECTION 804. Revocation of certificate. – The Board may also revoke a certificate for like cause, or for unprofessional conduct, malpractice, incompetency or serious ignorance or malicious negligence in the practice of dentistry, willful destruction or mutilation of a natural tooth of a person with the deliberate purpose of substituting same by an unnecessary or unessential artificial tooth; for making use of fraud, deceit, or false statements to obtain a certificate of registration; habitual use of intoxicating liquors or medicines causing him to become incompetent to practice dentistry; the employment of persons who are not duly authorized to do the work that under this chapter can be done only by persons who have certificates of registration to practice dentistry in the (Philippine Islands) Philippines; the employment of deceit or any other fraud with the public in general or some client in particular, for the end or purpose of extending his clientele; making false advertisements, publishing or circulating fraudulent or deceitful allegations regarding his professional attainments, skill, or knowledge, or the methods of treatment employed by him.

[2462–10.]

SECTION 805. Appeal to Department Head. – The revocation of a certificate of registration made by the Board, after having duly notified and heard the party concerned, shall be subject to appeal to the Department Head, whose decision shall be final in all cases.

[2462–10.]

ARTICLE III

Sundry Provisions Relative to Practice of Dentistry

SECTION 806. Reservation in favor of dentists heretofore certificated. – Dentists and undergraduate dentists who are holders of certificates lawfully issued since the tenth day of January, nineteen hundred and three, shall not be required to register anew under the provisions of this chapter; and no certificate of the grade of undergraduate dentist shall be issued in the future.

[2462–7.]

SECTION 807. Display of name and certificate of registration. – Every practitioner of dentistry shall display in a conspicuous place upon the house or office where he practices his name and surname and he shall further display his certificate of registration in his office in plain sight of patients occupying his dental chair. Any owner or proprietor of a dental office or establishment is also under obligation of displaying in conspicuous places upon the office or establishment the names and surnames of each and every one of the persons practicing dentistry in said office or establishment and of displaying the certificates of registration of each and every one of such persons in the same manner as hereinbefore provided.

[2462–11.]

SECTION 808. Illegal use of diplomas or titles. – No person shall in any way advertise as a bachelor of dental surgery, doctor of dental surgery, master of dental surgery, licenciate of dental surgery, doctor of dental medicine, or dental surgeon, or append the letters B.D.S., D.D.S., M.D.S., L.D.S., or D.M.D. to his name, who has not had duly conferred upon him by diploma from some school, college, university, or board of examiners qualified to confer the same, the right to assume said title, nor shall any person assume any title or prefix or append any letters to his name to represent falsely that he has received a dental degree or certificate of registration.

[2462–12.]

CHAPTER 33

Board of Optical Examiners

SECTION 809. Board of Examiners; appointment of members and substitution thereof. – The Secretary of (the Interior) Public Instruction shall appoint a Board of Optical Examiners consisting of three reputable opticians practicing the optical profession in the (Philippine Islands) Philippines at the time of their appointment and graduates of any reputable university, academy, college, school, or institution legally constituted and recognized as such by the Government or the State in which established. They shall hold office for three years after their appointment, and until their successors are duly appointed and qualified.

The Secretary of (the Interior) Public Instruction shall fill any vacancy that may occur in the Board of Examiners, designating a duly qualified optician, and the person so appointed to fill a vacancy shall hold office only for the unexpired term of the member whose place he is appointed to fill. The Secretary of (the Interior) Public Instruction may remove any member of said Board for neglect of duty, or incompetency, or for unprofessional or dishonorable conduct, or for any other just cause.

[2708–1; 2813–1.]

SECTION 810. Organization of the Board of Examiners; duties and compensations.  – The Board of Examiners shall be under the Secretary of (the Interior) Public Instruction. It shall organize immediately after the appointment of its members by electing from its members a president and a secretary-treasurer thereof; it shall hold an annual election on each second Tuesday of January; and it shall keep a seal with which to attest its official acts. The secretary-treasurer shall receive as annual compensation an amount not to exceed three hundred pesos per annum, and the other members of the Board shall receive as compensation the sum of five pesos for each candidate examined for registration as an optician: Provided, however, That said compensations and all other expenses of the Board shall be paid out of the receipts thereof, and no expenditure incurred by the Board nor the compensation of its members shall under any circumstances be paid out of any funds in the (Insular) National Treasury other than those deposited by the Board of Optical Examiners. The compensation of the secretary-treasurer shall be paid one-half on the thirtieth of June and the other half on the thirty-first of December of each year.

All receipts of the Board from whatever source shall be deposited in the (Insular) National Treasury and all expenditures of the Board shall be paid by the (Insular) Treasurer of the Philippines, out of the funds derived from said receipts, upon presentation of the proper vouchers signed by the officers of the Board of Optical Examiners. The secretary-treasurer shall execute a bond for five hundred pesos, with good and sufficient sureties, which shall be approved by the (Insular) Treasurer of the Philippines, conditioned upon the payment of all moneys which he may receive as secretary-treasurer and upon the faithful performance of the duties of his office. He shall keep a record of the proceedings of the Board, and a register of all persons to whom certificates of registration have been granted, setting forth the name, age, place where established; post-office, address, the name of the institution from which he graduated and in which he has studied, the date of such graduation or upon which he finished his studies, together with the time spent by him in the study of optics, and the names and locations of all other institutions which have granted to him degrees and the certificates concerning his practice.

[2708–2.]

SECTION 811. Meetings, examinations. – The Board of Optical Examiners shall meet in the City of Manila for the purpose of examining candidates desiring to practice the optical profession in the (Philippine Islands) Philippines on the fourth Tuesday of April and October of each year, upon at least thirty days notice published in the most widely read newspapers of the locality.

[2708–3; 2813–2.]

SECTION 812. Certificates. – The Board of Examiners shall issue certificates of registration as opticians to any person twenty-one years of age and over, of good habits and morals, who has an optician’s diploma issued by a duly constituted, accredited, and reputable university, academy; college, school, or institution, recognized as such by the Government or the State in which established, and who passes a satisfactory examination before the Board: Provided, That any person who, upon the eleventh day of March, nineteen hundred and seventeen, had been practising the optical profession for a period of not less than one year, with an establishment lawfully opened, but who lacked the proper diploma, may within one year from said date, secure a certificate as optician upon passing a practical examination by means of the trial case.

[2708–4.]

SECTION 813. Rules and reports of the Board of Examiners requirements as to optical colleges or schools. – The Board of Optical Examiners shall, on the thirty-first of December of each year, make a detailed report to the Secretary of (the Interior) Public Instruction of all its work during the year, and of all money received and disbursed by it.

With the approval of the Secretary of (the Interior) Public Instruction, the Board may approve such rules and regulations not in conflict with the provisions of this chapter as may be necessary to carry said provisions into effect. The Board, with the approval of the Secretary of (the Interior) Public Instruction, shall prescribe rules and regulations for the purpose of establishing a uniform plan of teaching to be observed by optical schools or colleges or universities, and said Board shall determine the standing of such schools, colleges, or universities according to the degree to which the same comply with the prescribed rules and regulations.

[2708–5.]

SECTION 814. Fees. – The Board of Examiners shall charge for each application for examination the sum of twenty pesos and for each certificate of registration thirty pesos. No certificate shall be issued except upon payment of the fees herein prescribed.

[2708–6.]

SECTION 815. Reasons for not granting and for revoking certificates of registration. – The Board of Optical Examiners shall not issue the certificates provided for by this chapter to any person convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude, to any person guilty of immoral, dishonorable conduct or mentally incapacitated, and in such cases shall give to the applicant a written statement setting forth the reason for its action, which statement shall be incorporated in the record of the Board. The Board may also revoke a certificate for like cause, or for unprofessional conduct, malpractice, incompetency or serious ignorance, or malicious negligence in the practice of the optical profession; or for making use of fraud, deceit, or false statements to obtain a certificate of registration; or habitual use of intoxicating liquors or medicines causing him to become incompetent to practice the optical profession; or the employment of persons who are not duly authorized to do the work that under this chapter can be done only by persons who have certificates of registration to practice the optical profession in the (Philippine Islands) Philippines; or the employment of deceit or any other fraud with the public in general or some client in particular, for the end or purpose of extending his clientele; or making false advertisements, publishing or circulating exaggerated, fraudulent, or deceitful allegations regarding his professional attainments, skill, or knowledge. The revocation of a certificate of registration shall be made by the Board after having duly notified and heard the party concerned, and such revocation shall be subject to appeal before the Secretary of (the Interior) Public Instruction, whose decision shall be final in all cases.

[2708–7.]

SECTION 816. Display of name and certificate of registration. – Every practitioner of the optical profession shall display in a conspicuous place upon the house or office where he practices his name and surname and he shall further display his certificate of registration in his office in plain sight of the persons requesting his services.

[2708–8.]

SECTION 817. Prohibition. – It shall be unlawful for any person to advertise or practice as optician without having the certificate prescribed in this chapter. However, the provisions of this chapter shall not be construed to apply to any person selling as merchandise ready-made eyeglasses, spectacles or any other optical instrument, unless such person make use of the trial case or of practical and objective mechanical devices for the determination of the state of refraction and the accommodation of the vision; nor shall they be construed to be applicable to registered physicians and surgeons in the legitimate practice of their profession.

[2708–9; 2813–3.]

SECTION 818. Who are opticians. – For the purposes of this chapter, an optician shall be any person making use of any means other than drugs for examining the vision or adapting lenses to aid the same, or who, selling spectacles, eyeglasses, or other optical articles, uses for the examination of the vision lenses, other than those kept for sale by him.

[2708–11; 2813–4.]

CHAPTER 34

Executive Bureau

ARTICLE I

General Organization of Bureau

SECTION 819.[Chief officials of Executive Bureau.] -[The Executive Bureau shall have one chief and one assistant chief, to be known respectively as the Chief of the Executive Bureau and the Assistant Chief of the Executive Bureau.]

[2657–600.]

SECTION 820. Functions of Executive Bureau. -[Through the Executive Bureau shall be exercised, conformably with law, the administrative supervision and control of the Secretary of the Interior over provinces, municipalities, chartered cities, and other local political divisions, not being in the territory under the administrative supervision of the Bureau of Non-Christian Tribes.]

[In the Executive Bureau shall be recorded the official correspondence of the heads of the various Departments.]

[2657–601; 2666–3.]

SECTION 821. Supervision of Chief of the Executive Bureau over provincial treasurers. -[The Chief of the Executive Bureau shall exercise a general administrative supervision over the offices of all provincial treasurers, and he shall, with the approval of the Department Head, prepare and promulgate such regulations as may be necessary for the proper administration of their offices, without prejudice to the jurisdiction vested in the Bureau of Audits over all matters of accounts and accounting.]

[2657–602.]

SECTION 822. Authority to administer oaths and take testimony. -[The Chief and Assistant Chief of the Executive Bureau shall have authority to administer oaths and to take testimony in any investigation, proceeding, or matter within the jurisdiction of the Executive Bureau.]

[2657–603.]

ARTICLE II

Translating Division

SECTION 823. Translating division of Executive Bureau. -[There shall be a division of the Executive Bureau to be known as the translating division, in which shall be translated into English or Spanish, or into native dialects, such laws, orders, regulations, and other important papers, documents, and communications as are necessary to the public service. Special translators shall be employed for court work.]

[2657–604.]

CHAPTER 35

Philippine Constabulary

PRELIMINARY ARTICLE

Title of Chapter

SECTION 824. Title of chapter. – This chapter shall be known as the Constabulary Law. IHaSED

[2657–1038.]

NOTE. – See Commonwealth Act No. 1 (National Defense Law); Commonwealth Act No. 343, repealing Commonwealth Act No. 88 re State Police, and reorganizing the Philippine Constabulary into a national police force; Executive Order No. 153 (1938) reorganizing the Philippine Constabulary pursuant to Commonwealth Act No. 343; Executive Order No. 175 (1938) revising the rules and regulations relative to the administration and supervision of local police forces; and Executive Order No. 182 (1939) designating the Secretary of the Interior to exercise supervision over the Philippine Constabulary.

ARTICLE I

Philippine Constabulary

SECTION 825. Constitution of Philippine Constabulary. – For the preservation of peace, law, and order in the (Philippine Islands) Philippines there shall be maintained as herein provided an organized and disciplined body to be known as the Philippine Constabulary.

[2657–1039; see par. 2, sec. 18, C.A. No. 1; see par. 2, Ex. Or. No. 153 (1938).]

SECTION 826. Authority of (Governor-General) President of the Philippines over Philippine Constabulary. – In the exercise of its power to maintain peace, law, and order, the Philippine Constabulary shall be subject to the command and general supervision of the (Governor-General) President of the Philippines.

[2657–1040; see Ex. Or. No. 182 (1939), designating the Secretary of the Interior to exercise supervision over the Philippine Constabulary.]

SECTION 827. Chief and Assistant Chiefs of Philippine Constabulary. – The Philippine Constabulary shall have one Chief and such number of Assistant Chiefs as may from time to time be available under current appropriations.

[2657–1041; see sec. 2, Ex. Or. 153 (1938).]

SECTION 828. Succession of Assistant to position of Acting Chief of Constabulary. – During the absence or disability of the Chief of Constabulary one of the Assistant Chiefs, to be designated by the (Governor-General) President of the Philippines, shall serve as Acting Chief.

[2657–1042.]

SECTION 829. Chief of Constabulary clothed with powers of Bureau chiefs. – For administrative purposes the Philippine Constabulary shall be deemed to be a Bureau, and the Chief of Constabulary shall have all the powers conferred generally on Bureau chiefs.

[2657–1043; see Ex. Or. 153 (1938).]

SECTION 830. Cadet Academy. – The Chief of Constabulary shall have control and supervision of an academy, to be known as the Academy for Officers of the Philippine Constabulary, which shall be maintained at Baguio, in the Subprovince of Benguet, for the instruction and training of officers in the Constabulary service and of cadets destined for such service.

[2657–1044.]

SECTION 831. General authority of Chief of Constabulary as regards maintenance of law and order. – The Chief of Constabulary shall have general control and command of the Constabulary, and it shall be his duty by means thereof, and for the maintenance of law and order throughout the (Islands) Philippines, to suppress insurrection, riots, brigandage, unlawful assemblies, and breaches of the peace and to see that the perpetrators of such offenses are brought to justice.

[2657–1046; see sec. 2, C.A. 343.]

SECTION 832. Cooperation of Constabulary with Provincial Governor. – It shall be the duty of all members of the Constabulary stationed in any province to cooperate in every way possible with the Provincial Governor in the maintenance of law and order and the suppression of brigandage, lawless violence, and crime. EDIaSH

[2657–1047; see par. 7, Ex. 175 (1938).]

SECTION 833. Duty of Provincial Governor to report misbehavior of members of Constabulary. – It shall be the duty of the Provincial Governor, when any officer or other member of the Constabulary is, in his judgment, guilty of any official oppression, extortion, or other violation of duty, to make immediate report of the same to the Head of Department, with all the particulars thereof.

[2657–1048.]

SECTION 834. Inspection of local police. – It shall be the duty of each (senior inspector of Constabulary) provincial inspector to make inspections of the various bodies of local police within his province and to make due report to the Chief of Constabulary as to their equipment and efficiency and generally as to the conditions of the province as regards peace and the observance of law and order.

To this end he may require reports from the chiefs of police and (presidents) mayors relative to the number, equipment, and state of discipline of their police forces or other information deemed desirable with respect to the operations of such police and the conditions prevailing in their respective jurisdictions.

[2657–1049; see sec. 9, Ex. Or. 175 (1938).]

SECTION 835. Suspension of police by municipal (president) mayor. – When the Provincial (Commander) Inspector of the Constabulary finds that the officers or men of any body of municipal police are inefficient, dishonest, disloyal to the United States or the Philippine Government; or guilty of misconduct or any violation of law or duty, he shall at once file a complaint under oath with the (president) mayor of the municipality, who shall have the power to suspend the accused pending investigation of the case under the provisions of section twenty-two hundred and seventy-two of the Administrative Code.

[2657–1050; 3206–1; see par. 19, Ex. Or. 175 (1938).]

SECTION 836. Special authority for placing municipal police under control of Constabulary officer. – The (Governor-General) President of the Philippines, or the Provincial Governor with the approval of the (Governor-General) President of the Philippines, may, when in his judgment the public interest will be subserved thereby, place any body of local police under the control of the (senior inspector of Constabulary) Provincial Inspector on duty in the province at the time. The (senior inspector) Provincial Inspector in such case is authorized and empowered, under the general supervision of the Provincial Governor, to control and direct the movements of said police.

[2657–1051.]

SECTION 837. Discipline of local police when in charge of Constabulary officer. – It shall be the duty of the (senior inspector) Provincial Inspector to see that the police thus placed in his charge are properly uniformed, drilled, and disciplined and that all lawful orders of the Provincial Governor, (president) Mayor, and others in authority are executed as well as that all proper arrests are made for violations of law or municipal ordinances; and in case of emergencies he is authorized, under the general supervision of the Provincial Governor, to unite the forces of the various municipalities or municipal districts in suppressing ladronism or brigandage or other grave violations of the law which threaten the peace of the entire community. To the same end he may unite the Constabulary forces under his command with the local police.

[2657–1052.]

SECTION 838. Duty of Constabulary to assist local police. – When a (president) mayor is unable to preserve the peace in his jurisdiction with the police force under his control, he shall report such fact to the (senior) provincial inspector of Constabulary, whose duty it shall be to render such assistance in the maintenance or restoration of peace and order as may be requisite to that end. In such case the (senior) provincial inspector may temporarily take command of and direct the operations of the local police force in conjunction with the Constabulary under his command until peaceful conditions are restored.

[2657–1053.]

SECTION 839. Disarming of local police. – Upon the order either of the (Governor-General) President of the Philippines or of the Provincial Governor of any province, the officer in charge of the Constabulary in such province shall cause any body of police therein to be disarmed. It shall be the duty of the Provincial Governor to make such order whenever he thinks there is danger that the arms in their custody will be lost or stolen.

[2657–1054.]

SECTION 840. Duty of municipal officers and members of police to give notice of presence of outlaws. – It shall be the duty of all officers of municipalities or municipal districts and of the officers and members of all local police forces to give notice immediately, both to the Provincial Governor and the nearest Constabulary officer or station in the province, provided that said officer or station is within fifteen kilometers of such officer or member of the police force, of the presence of any bands of outlaws or other persons threatening the peace of the community within their jurisdiction, or any act of robbery or theft by such bands, when the offenders or any of the members of such bands are at large.

[2657–1055.]

ARTICLE II

Constabulary Service

SECTION 841. Words and phrases defined. – “Commissioned service” as used in this chapter, includes officers having the rank of brigadier-general, colonel, lieutenant-colonel, major, captain, first lieutenant, second lieutenant, and third lieutenant.

“Enlisted service” comprises all noncommissioned officers and privates.

[2657–1056.]

SECTION 842. Duty of Chief as regards discipline and equipment of Constabulary. – The Chief of Constabulary shall be charged with the instruction and discipline of the Constabulary and with its interior economy and administration. To this end he shall see that the members of the Constabulary are properly selected; that the body is properly organized, governed, and disciplined; that it is supplied with arms, uniforms, and equipment prescribed by himself; and that it is in all respects maintained as an effective instrument for the performance of its duties.

[2657–1057.]

SECTION 843. Manual of rules and discipline. – The Chief of Constabulary is empowered, with the approval of the (Governor-General) President of the Philippines to prepare manuals of rules and discipline defining the lawful powers and duties of members of the Constabulary and of the members of the municipal police.

[2657–1058.]

SECTION 844. Qualifications of members of Constabulary. – No person shall be appointed as an officer in the Constabulary service or enlisted therein unless he is a citizen of the United States or (Philippine Islands) Philippines; nor shall any person be so appointed or enlisted until he shall have taken an oath such as is required in section twenty-three of this Code.

[2657–1059.]

SECTION 845. Rank of new appointees in Constabulary service. – No officer appointed by the Chief of Constabulary may receive upon entering the service a higher rank than that of second lieutenant.

[2657–1060.]

SECTION 846. Quarters in kind – Additional pay of officers. – Officers of the Philippine Constabulary shall be entitled to quarters in kind. In addition to the pay provided by law for the officers of the Philippine Constabulary, there shall be allowed and paid to each of such officers an increase of ten per centum of his current annual pay for each term of five years of faithful and efficient service: Provided, That the total amount of such increase shall not exceed fifty per centum of the yearly pay of the grade as provided by law. In computing length of service for the purposes of the compensation, commissioned officers who have served as enlisted men in the Philippine Constabulary shall be credited with the time so served.

[2657–1061; 2936–1; 3620–1.]

SECTION 847. Term of enlistment – Additional pay for reenlistment. – The term of enlistment in the Philippine Constabulary shall be three years; and each enlisted man who shall reenlist within two months after his discharge by reason of expiration of term of enlistment shall receive two pesos per month additional pay for his second enlistment and one peso per month additional pay for each enlistment subsequent to his second enlistment. Upon discharge enlisted men shall be entitled to transportation to the place of their enlistment.

[2657–1062.]

SECTION 848. Authority of members of Constabulary as peace officers. – Members of the Constabulary are peace officers and are authorized and empowered to prevent and suppress brigandage, unlawful assemblies, riots, insurrections, and other breaches of the peace and violations of the law. They are empowered and required to execute any lawful warrant or order of arrest issued against any person or persons for any violation of law, and to make arrests upon reasonable suspicion without warrant for breaches of the peace or other violations of law.

The Philippine Constabulary shall not, however, be charged with the duty of enforcing the ordinances of any municipality, and shall not make arrests for violations of the same, unless the Department Head or the Provincial Governor shall, in writing, request the senior Constabulary officer of the province to direct his subordinates to enforce the ordinances, or any particular ordinance or ordinances, of any or all the municipalities of the province.

Persons arrested by members of the Constabulary shall in all cases, if reasonably practicable, be brought, within twenty-four hours, before a judge or justice of the peace, to be dealt with according to law.

[2657–1063.]

SECTION 849. Discipline of members of Constabulary service. – For inefficiency, misconduct, or disloyalty to the United States, the Chief of Constabulary may, with the prior approval of the Department Head, suspend and, after due hearing, remove any member of the Constabulary service appointed by him or under his authority, or reduce him in rank, as the case may require.

For neglect of duty, violation of regulations, or any minor offense against good order and discipline for which no specific penalty is provided, the Chief of Constabulary may, in the interest of the public service, reduce the salary or compensation of any member of the Constabulary, deduct from his pay a sum not exceeding one month’s pay, or as a punishment suspend him without pay for a period not exceeding two months.

When a member of the Constabulary has been convicted and sentenced by a court of competent jurisdiction, other than a Constabulary summary court, the Chief of Constabulary may order his discharge and the forfeiture of all pay and allowances due or to become due.

[2657–1064.]

SECTION 850. Provisions of Civil Service Law not applicable to Constabulary service. – The examination, appointment, promotion, and removal of members of the commissioned and enlisted service of the Philippine Constabulary, the filling of vacancies therein, and the general discipline of persons in said service shall not be governed by the Civil Service Law.

[2657–1065.]

SECTION 851. Arrest and confinement of subordinate officers and enlisted men. – The Chief or any Assistant Chief of Constabulary, the (senior inspector) Provincial Inspector of a province, or other superior officer may arrest and confine in his quarters any subordinate officer of his command charged with crime or with conduct unbecoming a gentleman, or to the prejudice of good order and discipline, for not exceeding ten days pending investigation of the charge and action thereon. An enlisted man of the Constabulary charged with crime or with being guilty of any offense under this chapter may be arrested and confined by any superior authority in the Constabulary until delivered to the proper provincial or judicial official where the offense is cognizable by the Courts of First Instance, or until tried, where the offense is punishable by Constabulary summary court, or until released by proper authority. Such arrest and confinement shall be without warrant.

[2657–1066.]

SECTION 852. Confinement of noncommissioned officers. – No noncommissioned officer shall be confined, awaiting trial, with prisoners who are not also noncommissioned officers, nor at all unless such confinement be necessary as a measure of restraint; and no noncommissioned officer shall be sentenced to confinement except when he is also sentenced to reduction to the grade of private.

[2657–1067.]

SECTION 853. Advancement of noncommissioned officer after reduction to grade of private. – No noncommissioned officer reduced to the grade of private by sentence of the summary court shall be again advanced within six months from the date of such sentence.

[2657–1068.]

SECTION 854. Deduction of forfeitures by monthly installments. – Where an accused is sentenced to a forfeiture of pay, the sentence may provide for the deduction of the amount of the forfeiture in equal monthly installments, during a period of not exceeding six months after the date of the sentence.

[2657–1069]

SECTION 855. Constitution of summary court. – The Chief of Constabulary is authorized to designate an officer in each Constabulary post or command as summary court before whom offenders triable before a summary court shall be brought to trial. Such officer shall have authority to administer oaths and to hear and determine such cases, and when satisfied of the guilt of the accused shall adjudge the punishment to be inflicted.

[2657–1070.]

SECTION 856. Sundry offenses against good order and discipline. – Any enlisted man who willfully or through neglect, wastes, loses, or spoils his horse, arms, ammunition, clothing, or accouterments; or behaves himself with disrespect toward his superior officers; or lies out of his quarters or camp, or otherwise absents himself therefrom, or from his guard or other command, without leave from his superior officer; or fails, except when prevented by sickness or other necessity, to repair, at the fixed time, to the place of parade, exercise, or other rendezvous appointed by his superior officers; or goes from the same before he is dismissed or relieved; or is found one mile from his quarters or camp without leave in writing from his superior officers; or fails to retire to his quarters or tent at retreat; or hires another to do his duty for him; or is found drunk on his guard, party, or other duty; or is guilty of any offense, disorder, or neglect to the prejudice of good order and discipline, not hereinbefore mentioned, shall be punished as a Constabulary summary court shall direct, subject to the provisions and limitations hereinafter contained.

Persons triable before a summary court shall, if in confinement, be brought to trial within twenty-four hours of the time or their arrest, or as soon thereafter as practicable.

[2657–1071.]

SECTION 857. Record to be kept by summary court. – Each summary court shall keep a record in which shall be entered all cases heard and determined and the action taken thereon.

[2657–1072.]

SECTION 858. Approval of sentence imposed by summary court. – No sentence adjudged by a summary court shall take effect until it has been approved by the Chief of Constabulary or an Assistant Chief of Constabulary or by the (senior inspector) Provincial Inspector of the province. Where a (senior inspector) Provincial Inspector is acting as the summary court the sentence shall be approved by the Chief or by an Assistant Chief.

[2657–1073.]

SECTION 859. Punishment imposable by summary court. – The punishment imposed by a summary court shall not exceed confinement at labor for one month and forfeiture of one month’s pay for the first conviction, or confinement at labor for two months and forfeiture of two month’s pay for the second conviction within six months.

Where the accused is a noncommissioned officer, he may be sentenced to reduction to the grade of private in addition thereto, and where the accused has been convicted by summary court three times within a year he may be sentenced to be discharged and to forfeit all pay and allowances due or to become due, in addition to the other penalties.

[2657–1074.]

SECTION 860. Penalties for specific offenses. – Sentences imposed by the summary court for a first offense shall not in any case exceed the limits fixed for the respective offense in the table below; and for the purposes thereof an offense shall be deemed to be a first offense if the accused has not been guilty of the same or other offense mentioned in the same table within the six months next preceding the offense which is the subject of punishment:

Losing or spoiling accouterments or clothing through neglect. Twenty days’ confinement at labor and forfeiture of six pesos; for noncommissioned officer, reduction in addition thereto.
Absence without leave: One hour or less Forfeiture of one peso; corporal, two pesos; sergeant, three pesos; first sergeant or noncommissioned officer of higher grade, four pesos.
For more than one to six hours, inclusive. Forfeiture of two pesos; corporal, three pesos; sergeant, four pesos; first sergeant or noncommissioned officer of higher grade, five pesos.
For more than six to twelve hours, inclusive. Forfeiture of three pesos; corporal, four pesos; sergeant, six pesos; first sergeant or noncommissioned officer of higher, seven pesos.
For more than twelve to twenty-four hours inclusive. Forfeiture of five pesos; corporal, six pesos; sergeant, seven pesos; first sergeant or noncommissioned officer of higher grade, ten pesos.
For more than twenty-four to forty-eight hours, inclusive. Forfeiture of six pesos and five days’ confinement at labor; for corporal, forfeiture of eight pesos; sergeant, ten pesos; first sergeant or noncommissioned officer of higher grade; twelve pesos; or for all noncommissioned officers, reduction.
For more than two to ten days, inclusive. Forfeiture of ten pesos and ten days’ confinement at labor; for noncommissioned officer, reduction in addition thereto.
For more than ten to thirty days, inclusive. Forfeiture of thirty pesos and one month’s confinement at labor; for noncommissioned officer, reduction in addition thereto.
Failure to repair at the time fixed to the place appointed, etc.:  
For reveille or retreat roll call and inspection. Forfeiture of one peso; corporal, two pesos; sergeant, three pesos; first sergeant, four pesos.
For assembly of guard detail.  
For guard mounting (by musician detailed for guard). Forfeiture of five pesos; corporal, eight pesos; sergeant ten pesos.
For guard mounting (by musician not detailed for guard).  
For assembly of fatigue detail.  
For dress parade.  
For inspection and muster, weekly or monthly inspection. Forfeiture of two pesos; corporal, three pesos; sergeant, five pesos.
For target practice.  
For drill.  
For stable duty.  
For athletic exercises.  
Found drunk:  
On extra or special duty.  
At formation of company for drill or on drill.  
At target practice.  
At formation of company for dress parade or on dress parade.  
At reveille or retreat roll call. At inspection and muster weekly or monthly inspection. Forfeiture of twelve pesos; for noncommissioned officer, reduction and forfeiture of twenty pesos.
At inspection of company guard detail or at guard mounting.  
At stable duty.  
On fatigue.  
Using threatening or insulting language or behaving in an insubordinate manner to a noncommissioned officer while in the execution of his office. One month’s confinement at labor and forfeiture of ten pesos; for noncommissioned officer, reduction in addition thereto.
Absence from fatigue duty. Forfeiture of four pesos; corporal, five pesos; sergeant, six pesos
Absence from extra or special duty. Forfeiture of four pesos; corporal, five pesos; sergeant, six pesos.
Absence from duty as company, general mess or hospital head cook. Forfeiture of ten pesos.
Drunkenness at post or in quarters. Forfeiture of three pesos; for oncommissioned officer, reduction and forfeiture of five pesos.
Noisy or disorderly conduct in quarters. Forfeiture of four pesos; corporal, seven pesos; sergeant, ten pesos.
Drunk and disorderly in post or quarters. Forfeiture of seven pesos; for noncommissioned officer, reduction and forfeiture of ten pesos.
Noncommissioned officer encouraging gambling. Reduction and forfeiture of five pesos.
Noncommissioned officer making false report. Reduction, forfeiture of eight pesos, and ten days’ confinement at labor.
Breach of arrest in quarters. One month’s confinement at labor forfeiture of ten pesos; for noncommissioned officer, reduction in addition thereto.

[2657–1075.]

SECTION 861. Disposition of moneys accruing from fines and forfeitures. – All fines and forfeitures imposed or adjudged by summary court shall be deposited with the (Insular) Treasurer of the Philippines and shall constitute a part of the pension and retirement fund hereinafter created.

[2657–1076.]

SECTION 862. Manual for courts-martial. – The Manual for Courts-Martial in use in the United States Army shall, so far as the same may not be inconsistent with the provisions of this Law, be followed by Constabulary summary courts in so far as it relates to procedure, forms of charges, previous convictions, records, reports, sentences, and the approvals thereof.

[2657–1077.]

SECTION 863. Arrest of members of Constabulary upon legal process. – Members of the Constabulary shall ordinarily be liable to arrest by the civil authorities upon the same grounds and to the same extent as other persons; but when the Chief of Constabulary shall report to the (Governor-General) President of the Philippines that in any province the efficiency of the Constabulary of the province is being interfered with by frivolous arrests and unfounded prosecutions leading to the imprisonment of members of the Constabulary and their unnecessary detention from duty, it shall be in the power of the (Governor-General) President of the Philippines, if he finds the report to be well founded, by executive order to make the next succeeding section applicable to the method of arrests in such province.

[2657–1078.]

SECTION 864. Mode of arrest in exceptional situation. – When in respect to any province the (Governor-General) President of the Philippines shall issue the executive order described in the next preceding section, and any officer or member of the Philippine Constabulary shall in such province be charged with the violation of any criminal law or ordinance and a warrant is issued for the arrest of the alleged offender, such warrant shall be placed in the hands of a Constabulary officer on duty in the province for execution; and it shall be the duty of said officer to arrest such person and bring him before the justice of the peace, or officer issuing such warrant, to be dealt with as the law directs. No officer or member of the police of a municipality in such province shall have authority to arrest an officer or member of the Constabulary upon any criminal charge, save for a criminal offense committed in his presence, and when such offense is committed in his presence it shall be the duty of the municipal officer making the arrest to deliver the prisoner to the nearest Constabulary officer on duty in the province with a statement of the case of the arrest of the offender and the names of the witnesses to the offense; and it shall be the duty of the Constabulary officer receiving the prisoner, as soon as practicable, to bring him before a justice of the peace, or the Court of First Instance of the province, to be dealt with according to law.

In case a justice of the peace shall bind over any such officer or member of the Constabulary to answer a criminal charge and such officer or member shall fail to give bail, the offense being bailable, the person so in custody shall be delivered to the ranking Constabulary officer on duty in the province for safe-keeping. It shall thereupon be the duty of such officer safely to keep and produce the prisoner in due course before the proper court, there to be dealt with according to law. If necessary for the safe-keeping of the prisoner in any such case he may be committed to the provincial jail by the officer aforesaid.

[2657–1079.]

SECTION 865. Supplies and equipment for members of Constabulary. – An officer of the Constabulary may be furnished forage in kind and shoeing for one private animal owned by him, on his certificate, approved by the (senior inspector) Provincial Inspector and district chief; and forage may be sold at cost price to any officer of the Constabulary stationed outside of Manila on his certificate that it is for his personal use.

Articles of clothing, equipage, and equipment may be sold to officers and enlisted men of the Constabulary for their personal use, at cost price, under such restrictions as the Chief of Constabulary, with the approval of the Department Head, shall prescribe.

[2657–1090.]

SECTION 866. Reimbursement for subsistence lost. – When the subsistence of enlisted men of the Constabulary is lost through unavoidable causes, the Department Head may authorize, upon proper evidence being submitted, reimbursement to the company sustaining such loss.

[2657–1081.]

SECTION 867. Control of company commanders and medical officers over subsistence and supplies. – The company commanders of the Constabulary and the medical officers in charge of hospitals shall be charged with the duty of making requisition for, disbursing, and accounting for subsistence funds and subsistence supplies for their respective commands.

[2657–1082.]

SECTION 868. Hospital fees for medical treatment in United States military hospital. – When an officer or enlisted man of the Philippine Constabulary entitled to medical treatment is received at a military hospital under the control of the United States military authorities, the regular schedule of fees for subsistence and attendance at such hospital shall be paid and no more.

The hospital charges of officers shall only be allowed when incurred by reason of injury or disability received in line of duty.

[2657–1083.]

SECTION 869. Medical treatment for members of Constabulary. – Where Constabulary hospital facilities are not adequate or available, officers and enlisted men of the Philippine Constabulary shall receive free medical treatment and medicines at any Government hospital. When a Constabulary surgeon is not available they will be given treatment by any physician or surgeon in the employment of the Government.

SECTION 870. Expenses incident to transportation of prisoners and escort duty in general. – The Philippine Constabulary shall pay the cost of transportation of prisoners from the place of arrest to the place where they are turned over to the province or to a court official for trial, and thereafter, and until turned over to the Bureau of Prisons, all necessary transportation shall be paid by the province concerned.

The subsistence and travel expense of officers and the travel expense of enlisted men on escort duty shall likewise be borne by the Philippine Constabulary, and not by the Bureau or province for which the service is rendered.

[2657–1084.]

ARTICLE III

Pension and Retirement Fund

SECTION 871. Pension and retirement fund of the Philippine Constabulary. – There shall be maintained in the (Insular) National Treasury a special fund to be known as the pension and retirement fund of the Philippine Constabulary. Moneys accruing to this fund shall be deposited with the (Insular) Treasurer of the Philippines and shall be used for no other purpose than those hereinafter specified.

[2657–1085.]

SECTION 872. Sources of pension and retirement fund. – To this fund shall accrue all fines and forfeitures imposed by summary courts, all fines imposed upon commissioned officers under the authority of this chapter, and all sums accruing from vacancies in the authorized strength of officers and enlisted men, together with all other savings from positions the occupants whereof are or shall be entitled to the benefits of this chapter, and four per centum of the pay of every officer and enlisted man of the Constabulary, which shall be deducted from said pay monthly.

All such sums accruing from fines, forfeitures, deductions, retentions, vacancies, and savings shall be noted and retained on the pay roll and deposited with the (Insular) Treasurer of the Philippines to the credit of the Constabulary pension and retirement fund.

[2657–1086; 3157–1; 3205–1; 3591–1.]

SECTION 873. Application of pension and retirement fund. – Moneys pertaining to the pension and retirement fund may, upon recommendation of the Chief of Constabulary, with the approval of the (Governor-General) President of the Philippines, be expended or applied, subject to such regulations as the (Governor-General) President of the Philippines may prescribe, for the benefit of –

(a) The widows and orphans of members of the Constabulary losing their lives in line of duty; and

(b) Members of the Constabulary who may be incapacitated to gain a livelihood by reason of wounds or other causes due to the service.

Sums applied to the foregoing uses shall constitute a preferred charge on the entire fund and future accretions thereto and shall be paid in preference to any other claim.

[2657–1087.]

SECTION 874. Life pension.  – Any officer or enlisted man of the Philippine Constabulary who has had twenty or more years of actual and satisfactory service and has attained to the age of fifty-five years or who, without having reached said age, is on account of his physical or mental condition prevented from continuing in active service, may take advantage of the benefits of this Act and retire from active service, upon approval by the (Governor-General) President of the Philippines, and when so retired he shall receive until his death from the fund above specified an annual pension equal to two and one-half per centum, for each year of active service rendered by him up to date, of the total pay received annually by him on the date of his retirement; but in no case more than seventy-five per centum of such total current pay: Provided, That service rendered by an officer as enlisted man shall be taken into account for the purposes of the retirement provided for in this section: Provided, further, That with the exception of the Chief of Constabulary, no officer shall be retained in active service after having attained the age of sixty-four years: And provided, finally, That officers and enlisted men of the Constabulary who have completed twenty or more years of actual satisfactory service previous to the approval of Act Numbered Thirty-one hundred and fifty-seven, shall be entitled to retirement on the same terms and subject to the same condition as originally set forth in section eight hundred and seventy-four of the Administrative Code previous to its amendment by Act Numbered Thirty-one hundred and fifty-seven.

Subject to the same conditions and in accordance with the same rules and limitations, an enlisted man shall be entitled to retirement and to a similar annual compensation from the same fund, based on the total current pay and allowances received annually by him at the time he is retired, but in no case to exceed seventy-five per centum of such current pay and allowances for each year.

Upon the death of an officer or enlisted man who has either been retired or would, at the time when he died, have been entitled by reason of length of service to the retirement provided for in the two preceding paragraphs, the surviving legitimate or acknowledged children of such officer or enlisted man or his widow, or only the latter in case he left no children or after his surviving minor child has reached the age of eighteen years, shall be entitled to receive in equal shares and with the right of accretion, fifty per centum of the pension to which such officer or enlisted man would have been entitled if he had not died: Provided, That no payment shall be made as pension to children after they have attained to the age of eighteen years or have married, nor to the widow if she remarries: And provided, further, That no pension whatever shall be paid to the widow if the marriage was contracted after the retirement of the deceased officer or enlisted man. For the purposes of this Act, all officers and enlisted men still residing in the (Philippine Islands) Philippines who are at present in the enjoyment of a life pension and who lack five years or more, from and after the date of the approval of this Act, before completion of the fifty-fifth year of life, and who are still physically and mentally fit for active service, may be called into active service if such officers or enlisted men agree, as vacancies in the positions left by them occur, and shall take their place on the roster, if officers, as if they had been in active service during the time of their retirement.

[2657–1088; 3157–2; 3205–2.]

SECTION 875. Requirement of active service from retired officers and men. – All officers and enlisted men of the Constabulary drawing pensions or retirement pay and residing in the (Philippine Islands) Philippines may at any time be called by the (Governor-General) President of the Philippines for active service, during the period of which service they shall be entitled to receive the full pay of their rank or grade. Refusal on the part of any officer or enlisted man to perform such duty shall terminate his right to further participation in the benefit of this fund, provided he is physically fit for service, such fitness to be determined under regulations to be prescribed by the Department Head.

[2567–1089.]

SECTION 876. Investment of pension and retirement fund.  – The investment of this fund shall be in charge of the Postal Savings Bank investment board, subject in all respects to the conditions and restrictions which prevail in regard to the investment of postal Savings Bank funds.

[2567–1090.]

ARTICLE IV

Keeping of Firearms

SECTION 877. “Firearm” defined. – “Firearm,” or “arm,” as herein used, includes rifles, muskets, carbines, shotguns, revolvers, pistols, and all other deadly weapons from which a bullet, ball, shot, shell, or other missile may be discharged by means of gunpowder or other explosive. The term also includes air rifles except such as being of small caliber and limited range are used as toys. The barrel of any firearm shall be considered a complete firearm for all the purposes hereof.

[2657–1091.]

SECTION 878. Unlawful manufacture, dealing in, acquisition, disposition, or possession of firearms, parts of firearms, or ammunition therefor, or instruments or implements used or intended to be used in the manufacture of firearms or ammunition. – Save as allowable under this article it shall be unlawful for any person to import, manufacture, deal in, receive, acquire, buy, sell, dispose of, or possess any firearm, detached parts of firearms or ammunition therefor, or any instrument or implement used or intended to be used in the manufacture of firearms, parts of firearms, or ammunition.

[2657–1092; C.A. 56–1.]

SECTION 879. Exception as to firearms and ammunition used by military and naval forces or by peace officers. – This article shall not apply to firearms and ammunition regularly and lawfully issued to officers, soldiers, sailors, or marines of the United States Army and Navy, the Philippine Constabulary, guards in the employment of the Bureau of Prisons, municipal police, provincial governors, lieutenant governors, provincial treasurers, municipal treasurers, municipal (presidents) mayors, and guards of provincial prisoners and jails, when such firearms are in possession of such officials and public servants for use in the performance of their official duties.

[2657–1093; 3016–1.]

SECTION 880. Authority of (Governor-General) President of the Philippines to permit transfer of arms and ammunition. – The (Governor-General) President of the Philippines may, in his discretion, authorize the sale or transfer of firearms and ammunition by the Bureau of Constabulary to provincial and municipal authorities upon such terms and conditions as may be prescribed by him.

[2657–1094.]

SECTION 881. Special permit for possession of arms by civil employees. – The chief of any Bureau of the (Insular) National Government may apply to the (Governor-General) President of the Philippines for a special permit for any subordinate official or employee of the Bureau to possess firearms and ammunition for personal protection in the performance of his duties as such official or employee, and the (Governor-General) President of the Philippines may issue, or cause to be issued, such special permission under such terms and conditions as he may deem proper.

[2657–1095.]

NOTE. – See Executive Order No. 186 (1939) re rules and regulations governing loss of firearms held under the provision of this section.

SECTION 882. Issuance of special hunting permits. – The Department Head may authorize the Chief of Constabulary to issue special hunting permits to persons temporarily visiting the (Philippine Islands) Philippines, without requiring a bond or deposit as a guarantee of security for their arms and ammunition. Such special hunting permit shall be valid only during the temporary sojourn of the holder in the (Islands) Philippines, shall be nontransferable, and shall be revocable at the pleasure of the Department Head.

[2657–1096.]

SECTION 883. License required for manufacturer or dealer in firearms. – Any person desiring to manufacture or deal in firearms, parts of firearms or ammunition therefor, or instruments or implements used or intended to be used in the manufacture of firearms, parts of firearms, or ammunition, shall make application to the President of the Philippines for a license, stating therein the facts regarding the amount of business in the manufacture or purchase and sale of said articles intended to be transacted by such applicant, and the classes of arms, ammunition, or implements which the applicant intends to manufacture or purchase and sell under the license applied for, and such additional information as may be especially requested by the President before passing upon the application. The President may approve or disapprove such application and, in the event of approval, shall state therein the amount of the bond to be executed by the applicant before the issuance of the license, and the time during which the license shall be effective, unless sooner revoked by his authority.

[2657–1097; C.A. 56–2.]

SECTION 884. Issuance of license by Chief of Constabulary – Dealer’s bond. – Upon approval of the application by the (Governor-General) President of the Philippines it shall be transmitted to the Chief of Constabulary, who shall issue the license in accordance with the terms of the approval of the (Governor-General) President of the Philippines, upon the execution and delivery by the licensee of a bond, to be approved by the Chief, in the amount fixed by the (Governor-General) President of the Philippines and conditioned for the faithful compliance on the part of the licensee with the laws and regulations relative to the business licensed.

[2657–1098.]

SECTION 885. Additional license to keep firearms in excess of amount permitted under original license. – If any person, having a dealer’s license, shall for purposes of sale, desire to import, buy, or otherwise acquire, dispose of, possess, or have the custody of any firearms or ammunition in greater amount than is named or described in his license he must apply for and secure a new license.

[2657–1099.]

SECTION 886. Record to be kept by persons doing business under dealer’s license. – Every dealer in firearms or ammunition shall keep complete and accurate records and accounts of importations and sale of firearms and ammunition, with the name, age, residence, occupation, and post-office address of each and every purchaser of any firearms or firearms and ammunition, and the number and date of the license of each purchaser for the possession of each firearm purchased by him and the number of the firearm purchased, together with the amount and character of the ammunition purchased for each firearm; and each dealer in firearms shall, when requested by the Chief of Constabulary, permit the examination of such records and accounts of the purchases and sales of firearms and the counting and verification of all arms and ammunition remaining on hand; and any refusal upon the part of any such dealer to comply with the provisions of this section shall be a breach of the condition of the bond executed and delivered by such dealer.

[2657–1100.]

SECTION 887. License required for individual keeping arms for personal use – Security to be given. – Any person desiring to possess one or more firearms for personal protection or for use in hunting or other lawful purposes only, and ammunition thereof, shall make application for a license to possess such firearm or firearms or ammunition as hereinafter provided. Upon making such application, and before receiving the license, the applicant shall, for the purpose of security, deposit a United States or Philippine Government bond, or make a cash deposit in the Postal Savings Bank in the sum of forty pesos for each firearm for which the license is to be issued, and shall indorse the certificate of deposit therefor to the Philippine Treasurer, such deposit to bear no interest, or shall give a personal or property bond signed by two persons or by a surety company, in such form as the President may prescribe, payable to the Government of the Philippines, in the sum of one hundred pesos for each such firearm: Provided, however, That the existing bonds upon the approval of this Act shall continue as they are or, at the option of the interested party, the same can be renewed in accordance with the provisions hereof: Provided, further, That bona fide and active members of duly organized gun clubs and accredited by the Chief of Staff of the Philippine Army shall not be required to made the deposit or give the bond prescribed in this section.

[2657–1101; C.A. 195–1.]

NOTE. – Commonwealth Act No. 195 has been repealed in its entirety by C.A. 466–369(a).

SECTION 888. Mode of making application and acting upon the same. – An application for a personal license to possess firearms and ammunition, as herein provided, made by a resident of the City of Manila, shall be directed to the Mayor of said city, whose duty it shall be to forward the application to the (Governor-General) President of the Philippines, with his recommendation. Applications made by residents of a province shall be directed to the governor of the same, who shall make his recommendation thereon and forward them to the (Governor-General) President of the Philippines, who may approve or disapprove any such application.

The (Governor-General) President of the Philippines, upon receiving and approving the bond or receiving the certificate of deposit duly indorsed to the order of the (Insular) Treasurer of the Philippines, shall issue the license and transmit the license direct to the applicant, and shall notify the chief of police of the City of Manila if the applicant resides in Manila, otherwise the (senior inspector) Provincial Inspector of Constabulary of the province in which the applicant resides. The Chief of Constabulary shall file the certificate of deposit in his office. It shall be the duty of all officers through whom applications for licenses to possess firearms are transmitted to expedite the same.

[2657–1102; 2774–2.]

SECTION 889. Duration of personal license. – A personal firearms license shall continue in force until the death or legal disability of the licensee, unless, prior thereto, the license shall be surrendered by him or revoked by authority of the (Governor-General) President of the Philippines.

[2657–1103.]

SECTION 890. Change of domicile by licensee. – When a person holding a valid license for the possession or any firearm or firearms and the ammunition therefor shall change his domicile from the City of Manila to a province or from a province to the City of Manila, or from one province to another, he shall, within ten days thereafter, notify the Chief of Constabulary of such change by registered mail, or he shall notify the (senior inspector) Provincial Inspector of the province in which he takes up his new domicile, or the chief of police of the City of Manila, as the case may be, and the said (senior inspector) Provincial Inspector or chief of police, as the case may be, shall transmit such information to the Chief of Constabulary.

[2657–1104.]

SECTION 891. Deposit of firearms by person holding dealer’s license. – With the permission of the Department Head any person holding a dealer’s license may store firearms and ammunition in the custody of the Philippine Constabulary, subject to his call. Upon the making of any such deposit the Chief of Constabulary shall give a receipt containing a description of the materials stored and upon surrendering the same shall require that the same receipt be returned or similar receipt given by the party receiving the article or articles returned.

For such storage the Chief of Constabulary may make reasonable charges to be fixed by him, with the approval of the Department Head.

[2657–1105.]

SECTION 892. Deposit of firearms by person arriving from abroad. – A person arriving in the (Philippine Islands) Philippines, having in his possession any firearms or ammunition for which he has no license, shall deposit the same, upon written receipt, with the collector of customs for delivery to the Chief of Constabulary for safe-keeping.

If the party in question desires to obtain a firearms license, the Chief of Constabulary shall communicate such fact to the (Governor-General) President of the Philippines, and if the importation is allowed, a license may be issued as in other cases. If no license be desired, or leave to import be not granted, the article or articles in question shall remain in the custody of the Chief of Constabulary until taken from the (Islands) Philippines or otherwise disposed of according to law.

[2657–1106.]

SECTION 893. Surrender of arms upon termination of license. – Upon the revocation of any license or the termination thereof for any cause all arms and ammunition in the possession of the licensee and covered by such license shall be placed in the custody of the Philippine Constabulary.

[2657–1107.]

SECTION 894. Surrender of firearms upon death or disability of the licensee. – Upon the death or legal disability of the holder of a firearms license, it shall be the duty of the nearest relative, legal representative, or other person who shall knowingly come into possession of such firearms or ammunition, forthwith to deliver the same to the (senior inspector) Provincial Inspector of Constabulary in the province or to the Chief of Constabulary in Manila, and such firearms and ammunition shall be retained by the officer pending the issuance of a license therefor in accordance with law.

[2657–1108.]

SECTION 895. Return of firearms to owner upon departure from (Islands) Philippines. – Upon the departure from (Philippine Islands) Philippines of any person whose arms or ammunition may be in the custody of the Philippine Constabulary, the same shall, upon timely request, be delivered to him through the Insular Collector of Customs, aboard the steamer on which he is to sail.

[2657–1109.]

SECTION 896. Abandoned arms and ammunition. – Any firearm or ammunition deposited in the custody of the Philippine Constabulary pursuant to any provision of this article except section eight hundred and ninety-one shall be deemed to have been abandoned to the Government by the owner unless he or his representative shall reclaim the same within one year from the time of his departure from the (Islands) Philippines or within five years in the case of any person remaining in the (Islands) Philippines or failing to advise the Chief of Constabulary of the disposition to be made thereof; and it shall in no case be incumbent upon the Philippine Constabulary to retain custody longer than five years, except under such regulations as shall be prescribed with reference thereto. Abandoned arms and ammunition shall be disposed of in such manner as shall be prescribed by the Department Head.

SECTION 897. Annual inspection of firearms held under license. – The Chief of Constabulary, once each year, shall issue directions to the (senior inspector) Provincial Inspector of Constabulary of the various provinces to verify all arms in the possession of persons holding licenses and to make due report of such verification to the Chief of Constabulary of any violation of the terms of the license or of the laws, rules, or regulations relating to the possession of firearms or ammunition, and they shall indorse on each license that they have made such verification, with the date thereof. The chief of police in the City of Manila shall make a similar verification and report to the Chief of Constabulary, noting on each license the date of the verification by him.

[2657–1110.]

SECTION 898. Duty of holder to exhibit license. – It shall be the duty of any person holding a license to possess firearms or ammunition to exhibit such license whenever called upon to do so by a provincial governor, by a provincial officer acting under written order of the provincial governor, by an officer of the Constabulary, by a member of the Constabulary acting under orders or pursuant to regulation, by the chief of police of the City of Manila, or by a peace officer acting under a written order of the chief of police.

[2657–1111.]

SECTION 899. Revocation of firearms license by (Governor-General) President of the Philippines. – Any firearms license may be revoked at any time by order of the (Governor-General) President of the Philippines.

[2657–1112.]

SECTION 900. Enforcement of liability upon bond. – In the event of the loss or disappearance of any firearms or ammunition from any cause, except in the case of ammunition lawfully expended, it shall be the duty of the provincial fiscal, or, in the City of Manila, of the fiscal of the city, forthwith to institute proper action in a court of competent jurisdiction for the recovery of the amount specified in the bond of the licensee.

[2657–1113.]

SECTION 901. Forfeiture of certificate of deposit. – Where a certificate of deposit has been used as security and the licensee fails to comply with any provision of this article or of the regulations pursuant thereto, or with the terms of his license, or fails to have forthcoming upon proper demand the firearm covered by his license, whether lost through accident or otherwise, the (Governor-General) President of the Philippines shall, upon satisfactory proof of such fact, order that the certificate of deposit be forwarded to the (Insular) Treasurer of the Philippines for collection. The amount thereof when collected shall be deposited to the credit of general funds.

[2657–1114.]

SECTION 902. Refund upon recovery of lost firearm. – When a lost firearm is recovered by the owner reimbursement shall be made for any sum collected upon his bond or enforced by forfeiture of his deposit.

[2657–1115.]

SECTION 903. Remission of liability for loss of firearms. – The (Governor-General) President of the Philippines, in his discretion, may relieve from liability on his bond or postal savings bank deposit any person losing a firearm for which he had a proper license, upon the presentation of satisfactory proof showing that said firearm was destroyed or lost beyond reasonable chance of recovery by any person, and through no fault or negligence on the part of the person holding the license.

[2657–1116.]

SECTION 904. Surrender of bond or certificate of deposit. – When a firearms license expires or is revoked or surrendered, and all the arms or ammunition held thereunder are accounted for and disposed of according to law, the licensee’s bond or his certificate of deposit shall be surrendered by order of the (Governor-General) President of the Philippines upon satisfactory proof of compliance with the laws and regulations relative to the use of firearms.

[2657–1117.]

SECTION 905. Forms and regulations to be prescribed by (Governor-General) President of the Philippines. – The (Governor-General) President of the Philippines shall prescribe such forms and promulgate such regulations as he shall deem necessary for the proper enforcement of this law.

[2657–1118.]

SECTION 906. Suspension of firearms law in Department of Mindanao and Sulu. – The Governor-General may at any time, in his discretion, by executive order, suspend the operation of this article in the Department of Mindanao and Sulu and subsequently restore the same therein to full effect.

[2657–1119.]

CHAPTER 36

Bureau of Education

PRELIMINARY ARTICLE

Title of Chapter

SECTION 907. Title of chapter. – This chapter shall be known as the School Law.

ARTICLE I

Organization of Bureau

SECTION 908. Chief officials of Bureau of Education. – The Bureau of Education shall have one chief and two  assistant chiefs, to be known respectively as the Director of Education, the Assistant Director of Education, and the Second Assistant Director of Education.

[2657–1802.]

SECTION 909. Functions of Bureau of Education. – To the Bureau of Education is committed the administration of the public-school system and the supervision of the general school interests in the (Philippine Islands) Philippines, so far as the same may be authorized by law. Except as otherwise provided, the Bureau of Education is charged with the conduct and management of all special schools supported from (insular) national funds and with the administration of the School Law and such other laws as may be within the jurisdiction of said Bureau.

[2657–1803.]

SECTION 910. Powers and duties of Director of Education. – The Director of Education shall have the following powers and be subject to the following duties:

(a) He shall establish primary schools in every town in the (Islands) Philippines where practicable.

(b) He shall have authority to establish night schools.

(c) He shall fix the salaries of teachers within the limits established by law.

(d) He shall fix the curricula for all public schools under his jurisdiction.

(e) He shall prescribe the authority to be exercised by the principal teacher of each school over the other teachers, if any, and his duties as teacher actually engaged in the work of instruction and in caring for the schoolhouse and school property.

(f) He shall approve plans for the construction of schoolhouses to be built by the municipalities or provinces, and shall fix the amount of land required in each case.

(g) He shall prescribe rules of hygiene to be observed in connection with the school of the (Islands) Philippines.

(h) He shall have power to determine the towns in which teachers, to be paid out of the (Insular) National Treasury, shall teach; and he may exercise this discretion in favor of those towns which shall construct and maintain suitable schoolhouses, by local taxation or contributions.

(i) He shall maintain, in Manila or elsewhere in the (Philippine Islands) Philippines, classes to furnish superior instruction to teachers, as may be by law allowed or required.

[2657–1804.]

SECTION 911. Authority of Director of Education to assign teachers to special duties. – The Director of Education, with the approval of the Secretary of Public Instruction, may detail or assign any superintendent or teacher to perform such duties in any division or branch of the Bureau of Education as the exigencies of the service may require. Teachers thus designated for continuous duty throughout school vacation shall be upon the same footing as regards leave as employees in the civil service generally.

[2657–1805.]

SECTION 912. Regulations for special schools. – The regulations of the Bureau of Education shall contain provisions for the administration and governance of the Philippine Normal School, the Philippine School of Arts and Trades, the Philippine Nautical School, and other special (insular) national schools from time to time established by law. Such regulations shall contain provisions prescribing the qualifications of students entering or graduating from such institutions, so far as the same are not fixed by law.

[2657–1806.]

SECTION 913. Philippine Nautical School. – Applicants for the course in the Philippine Nautical School must be between sixteen and twenty-one years of age, must have completed at least the intermediate course of the public schools or its equivalent, must be able to pass a physical examination, must signify their intention to follow the sea after finishing their course, and must furnish a recommendation from the division superintendent of schools or other person of good reputation certifying to the good character and ability of the candidate for admission.

The curriculum of the Nautical School shall include the practice of navigation on a vessel of the Government, if there be one, and in default thereof on a merchant vessel, for the period of at least one and one-half years, prior to the issuance of the graduation diploma.

A diploma of graduation from the Nautical School shall qualify the holder to be licensed as third navigating officer without further examination.

[2657–1807.]

ARTICLE II

School Divisions

SECTION 914. School divisions. – With the approval of the Secretary of Public Instruction, the Director of Education shall establish such number of school divisions in the (Philippine Islands) Philippines as may be required. So far as practicable the territorial limits of provincial school divisions shall correspond with the limits of the respective provinces; but where the public interest so requires more than one province or parts of different provinces may be combined into one.

The City of Manila shall constitute one school division.

[2657–1808.]

SECTION 915. Superintendents. – To each school division there shall be assigned a superintendent of schools. Superintendents shall also be assigned to such special (insular) national schools as may require the supervision of such an officer. The Superintendent assigned to the City of Manila shall be known as the superintendent of city schools.

[2657–1809.]

SECTION 916. Permanent station of division superintendent. – Unless fixed in some other place by the Director of Education, the permanent station of a superintendent in charge of a provincial division shall be in the town where the provincial school is established, and he shall there maintain his residence and keep his office.

[2657-1810.]

SECTION 917. Authority and duties of division superintendents. – Conformably with the regulations of the Bureau of Education, the superintendent of a school division shall, among other things, exercise the following powers and be subject to the following duties:

(a) He shall exercise a general superintendence over the schools and school interests in his division.

(b) He shall examine the schoolhouses occupied for public instruction within his division with a view to determining their suitableness and hygienic condition.

(c) He shall appoint municipal school-teachers to serve in the schools within his division and shall fix their salaries from year to year, within the limits of the fund appropriated by the municipal council.

(d) He shall make himself familiar with the supplies and textbooks needed in each school in his division and shall make report of the same at as early a date as possible to the Director of Education, who may furnish the supplies needed.

(e) He shall see to it by personal visits and by requiring reports from the principal teacher of each school that the curriculum for primary and secondary schools prescribed by the Director of Education is complied with.

(f) He shall have control over the uses of the provincial and municipal school buildings; and their use for other purposes than such as are incident to the conduct of the public schools shall be subject to his approval or the approval of his representative.

The superintendent of the city schools of Manila shall exercise similar powers and be subject to similar duties as regards the city schools.

[2657–1811.]

SECTION 918. Condemnation of unsuitable or dangerous schoolhouse. – Should the schoolhouse in which any school is conducted appear to the division superintendent to be unsuitable and dangerous to the health of the children, and should no other schoolhouse be available, he shall have power, subject to the approval of the Director of Education, to discontinue such school, and it shall be unlawful thereafter to use such schoolhouse for public-school purposes.

[2657–1812.]

ARTICLE III

Local School Districts

SECTION 919. Local school districts. – Every municipality, township, or other form of organized local government shall constitute a school district; and it shall be the duty of the municipal council or other local legislative authority therein to make as ample provision as possible by local taxation for the support of all the schools established within its jurisdiction.

In exceptional cases, where the topography of the country or the difficulty of communication makes such arrangement desirable the division superintendent may attach a part of one school district to another and in such case he shall fix the amount which it will be just for the former to contribute to the annual school expense of the latter.

[2657–1813.]

SECTION 920. Local school board. – In every municipality there shall be a local school board, consisting of four or six members, as the division superintendent may determine, in addition to the (president) mayor of the municipality, who shall be a member ex officio. One-half of the members, except the member ex officio, shall be elected by the municipal council, and the remaining half shall be appointed by the division superintendent, and the term of office of all members, holding by appointment or election, shall be two years and until their successors shall have been duly elected or appointed. One of the elective and one of the appointive members shall be women, so that two of the members of the local school board shall be women, and it shall be discretionary with the division superintendent of school to increase the appointments, and with the municipal council to increase the elections, of women, provided that the total number of members shall not exceed four or six, as hereinbefore provided.

A division superintendent may temporarily suspend any appointed or elected member of the local school board pending investigation; and with the approval of the Director of Education he may, after due notice and hearing, remove such officer.

[2657–1814.]

SECTION 921. Powers and duties of local school board. – It shall be the power and duty of the local school board:

(a) To visit from time to time the schools of the town and to report bimonthly to the division superintendent their condition and the attendance of pupils.

(b) To recommend sites and plans to the municipal council for schoolhouses to be erected.

(c) Where there are two or more schools in the town, to adopt rules, subject to the supervision of the division superintendent, for assigning the pupils of the town to the several schools.

(d) To report annually to the municipal council the amount of money which should be raised for the current year by local taxation for school purposes.

(e) To report, whenever it shall deem necessary, directly to the Director of Education as to the condition of the schools of the town and to make suggestions in respect thereto as may seem to it expedient.

[2657–1815.]

ARTICLE IV

Public Instruction in General

SECTION 922. Language to be used. – The English language shall, as soon as practicable, be made the basis of all public-school instruction.

[2657–1816.]

SECTION 923. Courses to be given. – Public-school instruction shall consist of primary, intermediate, and secondary courses. The primary and intermediate courses shall cover all elementary instruction, while the secondary courses shall include high-school instruction and other instruction above the elementary.

[2657–1817.]

SECTION 924. Free primary instruction. – All primary instruction in schools established or maintained under this chapter shall be free.

[2657–1818.]

SECTION 925. School year and school holidays. – The public-school year shall consist of not less than forty weeks. The opening date shall be fixed by the Secretary of Public Instruction. The long school vacation period shall likewise be fixed by the Secretary of Public Instruction, taking into consideration the convenience of the pupils and their parents and the special atmospheric conditions prevailing during said period: Provided, That the months established for the school vacations shall not be changed oftener than once every five years.

In addition to the legal holidays, the Secretary of Public Instruction may authorize the observance by the public schools of other special school holidays to be designated by him.

[2657–1819; 3945–1.]

SECTION 926. Hours of daily sessions of public school. – The hours for the regular daily sessions of the public schools shall be fixed by the Director of Education, with the approval of the Secretary of Public Instruction; but teachers shall be required to devote, during the school year, not less than five hours per day to school work for five days in the week, exclusive of holidays.

[2657–1820.]

SECTION 927. Discussion of religious doctrines to be eschewed. – No teacher or other person engaged in any public school, whether maintained from (insular) national, provincial, or municipal funds, shall teach or criticize the doctrines of any church, religious sect, or denomination, or shall attempt to influence the pupils for or against any church or religious sect. If any teacher shall intentionally violate this section he or she shall, after due hearing, be dismissed from the public service.

[2657–1821.]

SECTION 928. Provision for religious instruction by local priest or minister. – It shall be lawful, however, for the priest or minister of any church to establish in the town where a public school is situated, either in person or by a designated teacher of religion, to teach religion for one-half hour three times a week, in the school building, to those public-school pupils whose parents or guardians desire it and express their desire therefor in writing filed with the principal teacher of the school, to be forwarded to the division superintendent, who shall fix the hours and rooms for such teaching. But no public-school teachers shall either conduct religious exercise or teach religion or act as a designated religious teacher in the school building under the foregoing authority, and no pupils shall be required by any public-school teacher to attend and receive the religious instruction herein permitted. Should the opportunity thus given to teach religion be used by the priest, minister, or religious teacher for the purpose of arousing disloyalty to the United States, or of discouraging the attendance of pupils at such public school, or creating a disturbance of public order, or of interfering with the discipline of the school, the division superintendent, subject to the approval of the Director of Education, may, after due investigation and hearing, forbid such offending priest, minister, or religious teacher from entering the public-school building thereafter.

[2657–1822.]

SECTION 929. Government employees serving as teachers of public schools. – Officers and employees in the Government service may be employed as evening or night teachers in the public school, and compensation may be paid to them for such service in addition to their usual salaries.

[2657–1823.]

SECTION 930. Condition under which classes in night schools may be maintained. – No night-school class shall be maintained at the expense of the City of Manila or the (Insular) National Government in which the average nightly attendance in each school month under each teacher is not at least fifteen pupils over the age of fourteen years. If it is found at the end of any month that the average nightly attendance of any class has been less than fifteen, such class shall be discontinued. The teacher of such class shall, however, be entitled to pay for each night of actual teaching during the month even if the average attendance has been less than fifteen; but a class discontinued for lack of the required attendance shall not again be organized except with the consent of the division superintendent and unless at least twenty-five pupils shall have been enrolled and shall have signified their intention of becoming regular members of the class. Teachers of night-school classes shall be paid only for nights of actual teaching.

[2657-1824.]

SECTION 931. Employment of (insular) national students in work to be done outside of school hours. – Subject to the approval of the Secretary of Public Instruction, regular students in (insular) national industrial and agricultural schools may be employed outside of regular school hours upon productive work with compensation at rates recommended by the division superintendent of schools not exceeding thirty centavos per hour, payment of such compensation to be made from the appropriation for contingent expenses of the Bureau of Education.

[2657–1825.]

SECTION 932. Employment of provincial students upon work to be done outside of school hours. – With the previous approval of the provincial board, regular students in any provincial industrial or agricultural school may be employed outside of regular school hours and upon productive work with compensation, at rates recommended by the division superintendent of schools, not exceeding thirty centavos per hour, payment of such compensation to be made from the funds of the province in which said school is located. All moneys collected as the result of any such work shall be deposited in the provincial treasury, and to maintain the work provided for by this section the (Insular) Auditor General shall establish a reimbursable fund to an amount to be fixed by the provincial board, with the approval of the (Governor-General) President of the Philippines. Any collections in excess of this amount shall be deposited in the provincial treasury as miscellaneous receipts of the province.

[2657–1826.]

ARTICLE V

Special Scholarships for Teachers

SECTION 933. Scholarship for teachers receiving instruction in special classes. – The Director of Education shall maintain in the City of Manila or elsewhere in the (Philippine Islands) Philippines special classes to give superior instruction to teachers; and from time to time as the means therefor shall be made available by appropriation, he shall, subject to conditions prescribed by the Secretary of Public Instruction, appoint deserving teachers from the public schools to receive the benefit of instruction therein.

Appointments hereunder shall be equitably distributed among the provinces, account being taken of the number of pupils in their respective public schools during the term next preceding that during which the selection is made, but so far as practicable at least one scholarship shall be assigned to each province.

The division superintendents of schools of the provinces from which the appointments are to be made shall select, from among the teachers in their provinces who have served for a period of not less than one year, those who possess the best qualifications to receive the instruction in question and shall recommend them to the Director of Education for appointment accordingly.

[2657–1827.]

SECTION 934. Contract to be entered into by appointees. – All teachers appointed hereunder shall sign a contract by which they shall bind themselves to serve, upon the completion of the special and proper course or courses of study, as municipal or (insular) national teachers in any of the municipalities of the province of their origin and faithfully to discharge the duties of the office for the salary which may be fixed by competent authority during a period of time equal to that employed by them in study under the privileges hereof; but with the approval of the Director of Education the performance of such service may be postponed, in the case of a teacher who desires to complete his education at his own expense, during the period requisite for such purpose.

[2657–1828.]

SECTION 935. Travel expenses, subsistence en route, and monthly stipend. – Teachers selected shall be entitled to travel and subsistence expenses from their place of residence to Manila and vice versa, and shall receive during the trip and their stay in Manila for attendance at said special classes, as compensation of all expenses, an amount to be determined from time to time by the Director of Education, with the approval of the Secretary of Public Instruction: Provided, however, That when so fixed, the total expense of all pensionados shall not exceed the amount appropriated by the (Legislature) National Assembly for that purpose.

[2657–1829; 2896–1.]

CHAPTER 37

[Philippine Health Service] Bureau of Health

PRELIMINARY ARTICLE

Contents of Chapter

SECTION 936. Contents of chapter. – Articles numbered from one to sixteen, inclusive, of this chapter constitute the Public Health Law. The seventeenth article contains the Food and Drugs Act.

[2657–745.]

ARTICLE I

Organization and Powers of (Philippine Health Service)
Bureau of Health

SECTION 937. Chief officer(s) of (Philippine Health Service) Bureau of Health. – The (Philippine Health Service) Bureau of Health shall have one chief (and one assistant chief), designated (respectively) as the Director of Health (and the Assistant Director of Health). Each of these officers shall be a physician of good repute and a graduate from a medical college of recognized standing. The Director of Health shall be a person possessed of special knowledge regarding hygiene and tropical medicine, and his term of service shall be four years and until the qualification of a successor.

Consistently with the provisions of this chapter, the Director of Health shall possess the powers conferred generally on Bureau chiefs.

[2657–746.]

SECTION 938. Functions of (Philippine Health Service) Bureau of Health. – The (Philippine Health Service) Bureau of Health is charge with the protection of the health of the people of the (Philippine Islands) Philippines and the maintenance of sanitary conditions therein. Its general powers and duties shall extend to and comprehend, among other things:

(a) The conduct and management of Government hospitals and sanitaria.

(b) The control and supervision of all hospitals for dangerous communicable diseases, the detection and detention of persons suffering from such diseases, and the making of provision for their isolation until they shall cease to be a source of infection.

(c) The control over the sanitation of schoolhouses and school premises and over prisons, penal settlements, jails, and other places for the detention of arrested persons, convicts, or offenders of any sort.

(d) The effectuation and maintenance of internal quarantine in times of epidemic or threatened spread of any dangerous communicable disease.

(e) The sanitary disposal of the dead and the control over the sanitation of cemeteries.

(f) The effectuation, at regular intervals or from time to time as conditions may require, of systematic inoculations of the people of the country by the use of virus, serums or prophylactics.

(g) The dissemination of hygienic information among the people and especially the inculcation of knowledge as to the proper care of infants and the methods of preventing and combating dangerous communicable diseases.

(h) The making, from time to time, of adequate inspections of all health organizations or offices, taking account of their equipment and facilities and the character of their work.

(i) The making of investigations in the following matters and the collection of statistical data or other information relative thereto, to wit: the general vital statistics of the (Philippine Islands) Philippines; the causes, pathology, and means of preventing diseases, especially those of an epidemic or communicable character; the sources of mortality in the (Philippine Islands) Philippines and the effects of localities, employments, conditions, habits, foods, beverages, and medicines on the health of the people; the conditions affecting children and child life among all classes of people and the means of providing for their social, physical, and sanitary welfare and the preservation of their lives and health; and the chemical composition and medical properties of the minero-medicinal waters of the (Islands) Philippines.

[2657–747.]

SECTION 939. Scope of internal quarantine. – “Internal quarantine,” as used in subsection (d) of the preceding section, is restricted to human beings and such things as might convey infection. It includes all public-health quarantine except that maintained under the port-quarantine regulations of the (Philippine Health Service) Bureau of Health and that effected under authority of the United States.

[2657–748.]

SECTION 940. Quarantine regulations for coastwise ports and inland places. – Provision shall be made in the regulations of the (Philippine Health Service) Bureau of Health for the effectuation and maintenance, as occasion therefor may arise, of port quarantine for the governance of vessels entering coastwise ports in the (Philippine Islands) Philippines.

[2657–749.]

SECTION 941. Regulations for prevention and suppression of dangerous communicable diseases. – The regulations of the (Philippine Health Service) Bureau of Health may, among other things, contain provisions prescribing the methods to be followed and the special means to be used for the prevention and suppression of dangerous communicable diseases generally, the abatement of nuisances endangering the public health, and the removal of the cause of any special disease or mortality.

When it shall appear to the Director of Health that rabies exists among dogs or other animals in any community in such a degree as to constitute a grave menace to the public health, he shall, with the approval of the Department Head, give publicity to such fact by publication of a notice in a local newspaper, if any there be, and also by posting the same in one or more prominent places in the community. Such notice shall describe the locality of infection and shall admonish owners, or persons having control or possession of dogs and other animals liable to contract or convey the disease, effectually to muzzle or otherwise restrain said animals, under the penalty of law, for such period of time as shall be defined in said notice. Notice so published shall have the same effect as other lawful regulations of the (Philippine Health Service) Bureau of Health.

[2657–750.]

SECTION 942. Final action of (Governor-General) President the Philippines upon health regulations. – In case the Director of Prisons shall question the propriety of any sanitary rule, regulation, or order promulgated by the (Philippine Health Service) Bureau of Health with respect to the sanitation of any (Insular) National prison or other (insular) national penal institution or for the sanitary protection of the inmates of any such institution, and in case the Director of Education shall question the propriety of any similar rule, regulation, or order with respect to the sanitation of any school, the matter shall be submitted to the (Governor-General) President of the Philippines, whose decision thereon shall be final.

[2657-751.]

SECTION 943. (Philippine Health Service) Bureau of Health as local board for Manila. -[The functions of a local board of health for the City of Manila shall be performed by the (Philippine Health Service) Bureau of Health, its powers in this behalf being exercised immediately by the Director of Health in the manner and to the extent prescribed in article ten of this chapter or as otherwise by law allowed.]

[2657–752.]

SECTION 944. Drafting and recommendation of sanitary laws. – The Director of Health may draft, or cause to be drafted, and through the Department Head may recommend to the (Legislature) National Assembly for passage, sanitary laws for the (Philippine Islands) Philippines and laws for the extension of the service of the (Philippine Health Service) Bureau of Health into all parts thereof. Among such projects shall be included laws governing the following professions and occupations: (a) medicine and surgery; (b) pharmacy; (c) dentistry; (d) midwifery; (e) nursing; (f) embalming and undertaking; (g) plumbing; and (h) sanitary engineering. In the same manner laws may be prepared and proposed regulating or controlling offensive and dangerous industries or occupation.

[2657–753.]

SECTION 945. Recommendatory authority of Director of Health as to local ordinances. – As occasion requires the Director of Health may recommend, for enactment by the proper local authorities, in the form of ordinances or otherwise, regulations for cities, municipalities, and populous places relative to the procurance and sanitary conservation of an adequate supply of pure water; the sanitary protection and conservation of foods and foodstuffs; the cleansing of sewers, streets, walks, roads, alleys, public squares, and parks; the collection and disposition of garbage, dead animals, night soil, and contents of cesspools; and the safeguarding of the sanitary conditions of buildings, premises, resorts, and other places of public or private character; or other matters requiring sanitary regulation.

[2657–754.]

SECTION 946. Power over local ordinances and orders. – The Director of Health, with the approval of the Department Head, may suspend, modify, or annul any ordinance, regulation, or order enacted or promulgated by a local board of health or municipal council or by any local or municipal official in the exercise of authority over matters of sanitation when in the opinion of said Director such ordinance, regulation, or order is detrimental to the interests of the public health.

[2657–755.]

SECTION 947. Authority by the President of the Philippines to invest Director of Health with special powers in certain cases. – When it shall be shown to the satisfaction of the President of the Philippines that the City of Manila or any part of the Philippines is threatened with or suffering from epidemic of dangerous communicable disease, he may issue an executive order declaring that the place or portion in question is so threatened with or suffering from an epidemic and he may, in such order, invest the Director of Health with emergency powers, to be defined in said order, with authority to prescribe, subject to the approval of the Department Head, such emergency health regulations as may be deemed necessary to prevent or suppress the occurrence or spread of the epidemic in question. Such regulations shall, from issuance, have the same force and effect and shall be enforced in the same manner as if enacted by legislative authority, throughout the city, district, or part thereof specified in such regulations.

When it is shown to the satisfaction of the President of the Philippines that the danger of an epidemic has passed, he shall so declare by executive order, and upon publication of such executive order the emergency health regulations shall become null and void, unless in such executive order it is specially declared that one or more of the emergency regulations shall remain in effect for a further period to be prescribed.

When, for the protection of the health of the personnel of the Philippine Army and the trainees undergoing instruction in military training camps, it shall be shown to the satisfaction of the President of the Philippines that necessity exists therefor, he may invest the Director of Health with similar authority to prescribe, subject to the approval of the Department Head, such special health regulations as may be deemed necessary to prevent or suppress epidemic or endemic diseases within a circular area or zone having a radius of five or more kilometers from an army post as a center, this area to be designated as “Philippine Army Extra Cantonment Zone.” All such special health regulations to be known as “Extra Cantonment Sanitary Regulations” shall have full force and effect within the designated zone and any provisions of local laws, regulations, or ordinances inconsistent or repugnant therewith, shall be suspended during such periods of time as may be determined by the President: Provided, That the Director of Health may, upon request of the Chief of Staff of the Philippine Army, designate a medical officer of an army post as his special representative to enforce such health regulations as may be prescribed within the limits of the “Extra Cantonment Zone.”

[2657–756; C.A. 163–1.]

SECTION 948. Inspection work in general. – Consistently with law and the regulations of the (Philippine Health Service) Bureau of Health, the Director of Health shall make, or cause to be made, regular inspection of the cleansing of sewers, streets, walks, alleys, public squares and parks; of the collection and disposition of garbage, dead animals, night soil, and contents of cesspools; and of the sanitation of houses, factories, mills, schools, prisons, dairies, markets, meat shops, bakeries, public water supplies, public bath houses, wells, cisterns, cemeteries, undertaking establishments asylums, jails, barracks, barrooms; theaters, and all public institutions and places of public resort.

[2657–757.]

SECTION 949. Power of entry. – When necessary to the due administration of laws, regulations, and ordinances within the jurisdiction of the (Philippine Health Service) Bureau of Health, the Director of Health or other proper health officer or inspector may in a lawful manner and at reasonable hours make entry into grounds, inclosures, and buildings.

[2657–758.]

SECTION 950. Authority of Director of Health to require reports and information. – The Director of Health shall have the power to require reports and information concerning any matter or matters with respect to which he may need information for the discharge of his official duties from all public dispensaries, asylums, hospitals, infirmaries, prisons, penitentiaries, schools, and from the managers, principals, or officers thereof, and from all other public institutions, their officers or managers, and from the proprietors, managers, lessees, and occupants of all places of public resort throughout the (Islands) Philippines, and from common carriers, as well as from physicians, pharmacists, dentists, nurses, cirujanos ministrantes, and midwives engaged in the practice of their profession, and other persons who may be able to furnish information of public value.

It shall be the duty of any person upon whom requisition is made for report or information under this section to supply the same within such reasonable time as may be required.

[2657–759.]

SECTION 951. Command of services of medical employees in general. – Subject to the approval of the proper head of Department, the Director of Health may require the services, without additional compensation, of any medical officer or employee in the Government service.

[2657–760.]

SECTION 952. Authority of officials to administer oaths and take testimony. – The Director of Health, (the Assistant Director of Health,) the president of the council of hygiene, the Secretary of the council of hygiene, the chiefs of divisions, and district health officers shall have authority to administer oaths in the transaction of official business. The same officials, and any other person thereunto especially deputed by the Director of Health, shall have further authority to take testimony in any matter within the jurisdiction of the (Service) Bureau or in any special investigation into its affairs conducted by or upon the order of the Director of Health or the Department Head.

[2657–761.]

ARTICLE II

Council of Hygiene

SECTION 953. Administration of (Philippine Health Service) Bureau of Health. – The (Philippine Health Service) Bureau of Health shall be administered by the Director of Health, under the supervision of the Department Head, and with the advice and assistance of the council of hygiene as in this article provided.

[2657–761.]

SECTION 954. Council of Hygiene – Appointment and qualification of members. – The council of hygiene shall be composed of a professor of the College of Medicine and Surgery of the University of the Philippines, a professor of the medical faculty of the University of Santo Tomas, a member of the Colegio Medico-Farmaceutico, a member of the Philippine Islands Medical Association, a senior officer of the (Philippine Health Service) Bureau of Health, a reputable physician who is a graduate of a medical school of recognized standing, an attorney-at-law, and one other person who shall be an owner of real property in the (Philippine Islands) Philippines, all to be appointed by the (Governor-General) President of the Philippines on nomination of the Department Head.

[2657–763; 3172–1.]

SECTION 955. President and secretary of council. – The president of the council of hygiene shall be the chief executive officer thereof. He shall be a physician and shall be appointed by the (Governor-General) President of the Philippines on nomination of the Secretary of Public Instruction from among the members of the council other than the officer of the (Philippine Health Service) Bureau of Health detailed thereto, which latter officer in addition to his other functions shall act as secretary of the council.

[2657–764.]

SECTION 956. Terms of office of appointive members. – The appointive members of the council of hygiene shall hold office for a period of five years to be defined in the appointment, the appointments being so adjusted as to require at least one appointment to be made each successive year. A person appointed to supply an interim vacancy shall hold only until the expiration of the term of the original appointee.

[2657–765.]

SECTION 957. Compensation and travel expense of members of council. – The president of the council of hygiene shall receive such compensation as shall be allowed by current appropriations. The other appointive members, not being Government employees, shall receive per diems at the rate of twenty pesos for each meeting attended by them, or for each day spent outside of Manila on official business, not to exceed in the case of any individual the sum of seven hundred and twenty pesos in any one year.

Members of the council shall be entitled to reimbursement of travel expense to the same extent as other Government officers.

[2657–766.]

SECTION 958. Meetings of council. – The council of hygiene shall hold regular meetings at least once a month on call of the president, and shall hold special sessions at any time when requested by the Director of Health or by a majority of the members.

A majority of the member of the council of hygiene shall constitute a quorum.

[2657–767.]

SECTION 959. Authority of council to conduct investigations and propose laws or regulations. – The council of hygiene shall have authority to conduct investigations into matters connected with hygiene and public health in the (Philippine Islands) Philippines, particularly those concerning vital statistics, puericulture, nutrition, potable waters, sanitary condition of dwellings, removal and disposal of refuse, public works for drainage purposes, prevention of contagious and epidemic diseases, school hygiene, industrial and professional hygiene, marine and harbor health matters, exploitation or sale of foods, drugs, and medicines, operation of provincial health inspection, health districts and municipal health districts, and the practice of medicine and surgery in all their branches, of odontology, optometry, pharmacy, nursing, midwifery and embalming, as well as the practice of veterinary medicine in its bearing upon the public health. The results of all such investigations and labors shall be submitted as advisory to the Director of Health.

The council of hygiene may prepare drafts of measures for enactment into law upon subjects within the scope of the (Philippine Health Service) Bureau of Health. Such measures shall be submitted; through the Director of Health, to the Department Head, and if approved by him shall be proposed to the (Legislature) National Assembly.

It shall also have authority to propose to the Director of Health regulations relative to the sanitation of houses; restaurants, barber shops, factories, mills, schools, prisons, dairies, markets, meat shops, bakeries, public water supplies, public bathhouses, wells, cisterns, cemeteries, crematories, undertaking establishments, asylums, jail, barracks, barrooms, railroad, tramways, public vehicles and all public institutions and places of public resort, and in general any sanitary rules and regulations, or ordinances, designed to protect the public health or to make the administration of the laws relating thereto more efficacious or more uniform. It may thus propose regulations for the conduct or management of sanatoria, colonies, insane asylums, orphanages and invalid homes, and for any Government hospital except the Philippine General Hospital.

[2657–768.]

SECTION 960. General consultative and advisory functions of council. – It shall be the duty of the council of hygiene, as a consultative and advisory body, to investigate and consider any matter relative to the public health or connected with the administration of the (Philippine Health Service) Bureau of Health, or the discipline of its officers and employees, which may be placed before the council by the Director of Health; and its advice and assistance shall be at all times available to him.

The council of hygiene may aid in the preparation of estimates for appropriations for the (Philippine Health Service) Bureau of Health and may prepare literature on matters of health and sanitation, to be disseminated for the instruction of the public.

[2657–769.]

SECTION 961. Management of charitable institutions and distribution of charitable funds. – The council of hygiene shall have authority, with the approval of the Director of Health, to direct the management of orphanages and invalid homes of the Government and, subject to the like approval, to distribute such charity funds as may be lawfully under control of the Director of Health in such dispensaries or health establishments as may, in its judgment, be qualified to render service beneficial to the public.

[2657–770.]

SECTION 962. Authority to require information. – For the effectual exercise of the powers conferred upon it, the council of hygiene may in its discretion require information concerning any matter related with the public health from the various branches, bureaus, and offices of the (insular) national, provincial, and municipal governments, from professionals or persons in charge of work related with the health service, and from the owners, managers, lessees, and occupants of public places.

[2657–771.]

ARTICLE III

Commissioned Service

SECTION 963.[Commissioned service.] – (Repealed)

[2657–772.]

SECTION 964.[Qualifications for appointment as commissioned officer.] – (Repealed)

[2657–773.]

SECTION 965.[Grade requisite for chief of division.] – (Repealed)

[2657–774.]

SECTION 966.[Additional pay for officers on duty at Culion.] – (Repealed)

[2657–775.]

SECTION 967.[Grade of original appointments.] – (Repealed)

[2657–777; 3079–1; 3394–1.)

SECTION 968.[Promotions.] – (Repealed)

[2657–778; 3235–1.]

SECTION 969.[Promotion of surgeons.] – (Repealed)

[2657–778; 3115–1.]

SECTION 970.[Examination requirement.] – (Repealed)

[2657–780.].

SECTION 971.[Disqualification for promotion.] – (Repealed)

[2657–781.]

SECTION 972.[Special examination for specialist.] – (Repealed)

[2657–782.]

SECTION 973.[Preparation and rating of examination.] – (Repealed)

[2657–783.].

SECTION 974.[Discipline and removal.] – (Repealed)

[2657–184.]

SECTION 975. Discharge for physical unfitness. – Any health officer found on examination at anytime to be physically unfitted for the service by reason of his own misconduct or habits shall be discharged by the (Governor-General) President of the Philippines.

[2657–785.]

ARTICLE IV

Miscellaneous Provisions Relative to Service in General

SECTION 976.[Placing of officer on waiting orders.] – (Repealed)

[2657–786.]

SECTION 977.[Status of assistant surgeon.] – (Repealed)

[2657–787.]

ARTICLE V

District Health Officers

SECTION 978. Division of (Philippine Islands) Philippines into health districts – District health officer. – With the approval of the Department Head, the Director of Health shall divide the (Philippine Islands) Philippines, into such number of health districts as shall from time to time be deemed advisable. The several health districts, shall, so far as practicable, be co-extensive with the respective provinces, but where the local conditions require, two or more provinces, or parts of provinces may be united into one health district.

To each health district there may be assigned by the Director of Health a district health officer who shall be the chief representative of the (Philippine Health Service) Bureau of Health within his district.

Upon emergency additional health officers may be assigned to a particular district, or the district health officer of another district may be assigned to temporary duty therein.

The Director of Health may also assign to any health district such other duly authorized sanitary officers or employees as he may deem necessary.

Unless the Director of Health shall otherwise order, additional district health officers and other sanitary officers and employees assigned to a health district as hereinabove provided shall be subject to the supervision and control of the proper district health officer of the district to which the assignment is made if such officer be there on duty.

[2657–792.]

SECTION 979. Local health officers designated to serve temporarily as district health officer. – During the temporary absence or disability of a district health officer or during a temporary vacancy caused by his death, the Director of Health may designate any local health officer temporarily to serve as acting district health officer. The person so designated shall, during the time he serves in such capacity, receive the salary of the health officer of the district in question, provided the same be not by law payable to the district health officer who is substituted, or his estate if he be dead. While a local health officer is so receiving the salary of a district health officer, he shall receive no salary in other official capacity.

[2657–793.]

SECTION 980. Supervisory and general powers of district health officer. – The district health officer, within his district, shall exercise general supervision and control over the health and sanitary work, and shall exercise general supervision and control over the municipal boards of health, or other health organizations, and over the local health officers within his district. He shall have the power to institute all proceedings necessary to abate nuisances, and he may cause to be prosecuted all violations of sanitary laws and ordinances and the lawful regulations applicable to the district; and he shall have the power to remove the cause of any special disease or mortality.

When it comes to the attention of a district health officer that any municipal ordinance relating to sanitation in any municipality of his district is being disregarded and the enforcement thereof neglected, he shall direct the attention of the municipal (president) mayor to the matter and the latter shall thereupon take such action as may be necessary to secure the proper enforcement of such ordinance and shall otherwise collaborate with the health authorities in securing the effectual administration of the health laws and regulations.

The district health officer may appoint provincial sanitary inspectors or other provincial sanitary employees when the provincial board or boards of the district shall make provision for the payment of their salaries.

[2657–794.]

SECTION 981. Authority in matter of sanitation of buildings. – District health officer shall have authority to require that owners, agents, or occupants of any buildings, premises, places, or any part thereof shall place and maintain them in a sanitary condition so far as the same relates to cleanliness.

[2657–795.]

SECTION 982. Visitation of jails and other Government institutions. – For purposes of inspection and for the rendering of medical service to inmates, district health officers shall make, or cause to be made by the local health officers under them, regular and adequate visitation of all provincial or municipal prisons, or jails, and other Government institutions within their respective jurisdictions.

In case any prisoner shall die in prison or jail without medical attendance, it shall be the duty of the district health officer to make or cause to be made an examination and to report to the provincial board or other proper authorities the cause of his death.

[2657–796.]

SECTION 983. Investigation into cause of death. – The district health officer, upon the request of any provincial fiscal of a province within his district, or of any judge of a Court of First Instance, or of any justice of the peace, shall conduct in person, when practicable, investigations in cases of death where there is suspicion that death was caused by the unlawful act or omission of any person, and shall make such other investigations or reports as may be required in the proper administration of justice.

[2657–797.]

SECTION 984. Person to make investigation. – When it is not practicable for the district health officer to conduct such investigation in person, he may require any local health officer or member of a municipal board of health who is a registered physician to perform such duty; and where the services of a registered physician in the Government service cannot be thus obtained he may require a cirujano ministrante who is a member of the board or a sanitary inspector to act in the matter.

[2657–798.]

SECTION 985. Travel expense. – The actual and necessary travel expense of any person employed as aforesaid, incurred by reason of such service, shall be paid by the province when the investigation must be made or testimony taken at a place some distance removed from the place of his residence.

[2657–799.]

SECTION 986. Procurance of service of physician not in Government service. – If a suitable person in the employment of the Government is not available for the purpose of making the investigation above indicated, the district health officer may arrange, when necessary, for the performance of said service by a commissioned medical officer in the service of the United States, or by any other reputable physician, in which case payment shall be made from funds of the province for which such services were performed by fees according to fixed schedule to be prescribed by the Director of Health.

[2657–800.]

SECTION 987. Clerical assistance for district health officer – Office room and supplies. – The provincial board of the province in which the district health officer has his permanent station shall provide the necessary clerical assistance for the district health officer, and shall furnish suitable office room and the necessary furniture, equipment, supplies, printing stationery, and blank forms necessary to the proper conduct of the business of the office.

[2657–801.]

SECTION 988. Estimate to be submitted to provincial board by district health officer. – The district health officer of each health district shall prepare for each province of his district an estimate showing the probable expense of conducting the work of his office in the said province for the period for which the regular estimates of other provincial expenses are made, and shall seasonably submit the same to the provincial boards, together with such additional information as may be required as a basis for appropriation. The district health officer shall furnish a copy of such estimates to the Director of Health.

[2657–802.]

SECTION 989. Reimbursement of salaries paid to officers and employees assigned to health district. – The province or provinces comprised in a health district shall reimburse the (Philippine Health Service) Bureau of Health for the salaries paid to all officers and employees assigned by the Director of Health to such district.

To this end a province comprising a health district shall deposit in the (Insular) National Treasury, to the credit of the (Philippine Health Service) Bureau of Health, on or before the thirty-first of January and July of each year, the sum so expended for salaries during the six months next preceding the first of January and July of the same year. Where a health district comprises more than one province the proportion to be thus paid by each shall be determined by the (Insular) Auditor General upon the basis of the populations of the provinces concerned.

When a district health officer is temporarily assigned to a district paying less for the services of its district health officer than that regularly received by the officer so assigned, he shall continue to receive during such temporary assignment the salary of his regular position.

[2657–803.]

ARTICLE VI

Municipal Boards of Health

SECTION 990. Creation of municipal board of health. – There may be a municipal board of health in each of the several municipalities of the (Philippine Islands) Philippines, which board shall be organized at such time as the district health officer for the province in which the municipality is situated may direct, and the provincial board approve.

[2657–804.]

SECTION 991. Constitution of membership of municipal board of health. – Each municipal board of health shall consist of –

(a) A president, who shall be a registered physician or cirujano ministrante, or in case a civilian physician is not available, any Army surgeon, in the discretion of the (Governor-General) President of the Philippines.

(b) A member, who shall be chosen by majority vote of the municipal council.

(c) A school teacher of the municipality, who shall be appointed by the division superintendent of public instruction for the division in which the municipality is situated.

(d) The municipal secretary, ex officio.

(e) A pharmacist, if there be such available and resident within the municipality, who shall be appointed an honorary member by the municipal (president) mayor, without the right to vote.

These officers shall be removable only by the functionaries by whom they are respectively appointed.

[2657–805.]

SECTION 992. Appointment of president – Compensation. – The president of the municipal board of health shall be appointed by the Director of Health, upon the recommendation of the district health officer of the province in which the municipality is situated. When no person possessing the requisite legal qualifications is available for president of a municipal board of health the Director of Health may appoint any suitable person to such position.

The salary of the president shall be fixed by the municipal council, and shall not be less than the salary of the municipal secretary. The other members of the board shall serve without compensation.

[2657–806.]

SECTION 993. Secretary of board – Duties. – The municipal secretary shall be the secretary of the board. He shall keep its records, compile its statistics, and shall render such other clerical assistance in connection with the legitimate work of the board as it may direct.

[2657–807.]

SECTION 994. Meetings of board. – The municipal board of health shall hold regular meetings on the second and fourth Wednesdays of each month, and special meetings at the call of the president, or of a majority of the members.

[2657–808.]

SECTION 995. Powers and duties of municipal board of health. – Subject to the supervision and control of the district health officer, a municipal board of health shall have general supervision over the health and sanitary condition of the municipality and of its several barrios. It shall cause to be prosecuted all violations of sanitary laws or ordinances and shall enforce the regulations of the (Philippine Health Service) Bureau of Health. It shall have power and authority to abate nuisances endangering the public health, and to remove the cause of any special disease or mortality. It shall be the duty of a municipal board of health to draft and recommend to the municipal council for passage suitable ordinances or regulations for carrying into effect the powers conferred upon such body in matters of sanitation.

During epidemics of dangerous communicable diseases and at such other times as may be deemed necessary, the municipal board of health shall appoint such sanitary inspectors as the municipal council may authorize. It shall perform such other duties with reference to the health and sanitation of the municipality as the district health officer for the province in which the municipality is situated shall direct.

[2657–809.]

SECTION 996. Functions and duties of president of municipal board of health. – The president of the municipal board of health shall be its chief executive officer, and shall exercise general supervision and control over the various branches of its work. Subject to the provisions of law with reference to public vaccinations, he shall conduct such vaccinations for the people of his municipality. In a case of emergency, when a quorum of the board cannot be obtained, he may exercise the powers conferred upon a municipal board of health by this chapter, but he shall report his action to the municipal board of health for ratification at the earliest practicable time. On or before the first day of January of each year he shall prepare and submit to the municipal council an estimate showing the probable expense of properly conducting the work of the board during such year. He shall make such reports and discharge such other duties with reference to the health and sanitation of the municipality as the district health officer for the province in which the municipality is situated or the Director of Health may require.

When a municipal board of health has been established in a municipality where a provincial jail is located, the president of such municipal board of health shall act as physician to the prisoners confined in the provincial jail.

Presidents of municipal boards of health shall report to their respective municipal boards of health all births that may come to their notice, giving in each case the sex and race of the child, the name of its parents, and the date of its birth.

[2657–810; see Commonwealth Act No. 373, approved August 23, 1938, re change of fiscal year.]

SECTION 997. Assignment of president of board to duty in other municipality. – The Director of Health may in the exercise of discretion assign presidents of municipal boards of health to temporary duty outside the municipalities in which they are regularly located. The travel expenses and subsistence of presidents of municipal boards of health so assigned shall be paid during such assignment from the (Insular) National Treasury.

[2657–811.]

ARTICLE VII

Municipal Health District

SECTION 998. Creation of municipal health district. – With the approval of the respective municipal councils and the approval of the Director of Health, the district health officer may organize any two or more neighboring municipalities into a municipal health district, and such municipalities composing a district may employ jointly a president of the municipal health district thus constituted who shall also act as president of the municipal board of health of each municipality comprised in the said municipal health district.

Upon the forming of a municipal health district, the local health organizations of the respective municipalities shall not be affected except as herein expressly provided.

[2657–812.]

SECTION 999. Duties and powers of president – Mode of appointment. – Presidents of municipal health districts shall be subject to the same requirements and provisions of law as presidents of municipal boards of health, except as to restriction of salary, and shall be appointed in the same manner.

[2657–813.]

SECTION 1000. Meetings of boards in municipalities comprised in district. – In a municipality which is a component part of a municipal health district, meetings shall be held at the call of the president.

[2657–814.]

SECTION 1001. Salary and travel expense of president. – The president of a municipal health district shall receive such compensation as may be appropriated by the respective municipal councils and approved by the Director of Health and shall be reimbursed by the municipality for which travel is performed for traveling expenses necessarily incurred in the discharge of his official duties.

[2657–815.]

ARTICLE VIII

Municipal Sanitary Divisions

SECTION 1002. Creation of sanitary divisions. – When the district health officer shall so recommend, the provincial board shall organize the municipalities of the province into sanitary divisions conformably with the provisions of this article, unless the (Governor-General) President of the Philippines shall otherwise direct.

A sanitary division may comprise one or more municipalities, not exceeding four, and any such division shall be deemed to be created only when the resolution of the provincial board creating it shall have been approved by a majority of the municipal councils of the municipalities embraced therein.

When a municipality, whether previously a part of a health district or not, is incorporated in a sanitary division, its existing health organization and the offices pertaining thereto shall be deemed to be abolished.

[2657–816.]

SECTION 1003. Dissolution of sanitary division. – A sanitary division may be dissolved, with the approval of the provincial board and Secretary of Public Instruction by the affirmative vote of a majority of the councils of the municipalities concerned.

[2657–817.]

SECTION 1004. President of sanitary division. – There shall be a president for each sanitary division who shall be appointed by the Director of Health.

[2657–818.]

SECTION 1005. Qualifications. – Such president shall be a duly qualified physician; but in emergency conditions, of the existence of which the Director of Health shall judge, persons with qualifications satisfying the Director of Health may be appointed to act temporarily as presidents of sanitary divisions.

[2657–819.]

SECTION 1006. Powers and duties of president. – The duties of the president of a sanitary division shall be performed under the immediate supervision of the district health officer. His powers and duties shall be as follows:

(a) He shall subject to the direction of the district health officer, exercise general supervision over the hygienic and sanitary conditions of the division, including public and private premises therein, shall enforce all sanitary laws and regulations applicable in his division, and shall cause all violations of the same to be duly prosecuted.

He shall have the power and authority to abate any nuisance endangering the public health and to remove the cause of any special disease or mortality, and to enforce any internal quarantine regulations applicable to the municipalities of his division.

(b) He shall provide himself with the necessary appliances and also the instruments for all emergency cases, medical, surgical, and obstetrical.

(c) He shall draft and recommend to the municipal councils of his division suitable ordinances or regulations for carrying into effect the powers conferred by law upon such bodies in respect to matters of sanitation.

(d) He shall inspect at least weekly, and as much oftener as may be necessary each of the municipalities in his division, and shall give free consultation to the indigent poor in each municipality for at least two hours weekly in the local municipal building or any other local available building found to be more suitable.

(e) He shall, when requested, attend personally and gratuitously all cases of dystocic labor among the poor and, when necessary, shall request the assistance of the president of the nearest sanitary division.

(f) He shall prepare and forward to the district health officer the quarterly report and other health reports of each municipality within his division.

(g) He shall keep such records and statistics as may be required by the district health officer.

(h) He shall supervise, and when so directed, he shall carry out the work of vaccination and disinfection of his division.

(i) He shall visit any house or place where any person is suffering or is dead of a dangerous, communicable disease and shall carry out the prescribed and other measures necessary to prevent the spread of such disease. He shall, whenever practicable, furnish free medicines to indigent patients, and when requested he shall render, free of charge, medical services to all Government officers and employees, to all persons in custody, and to other persons entitled to such service.

(j) In the case of accidents or serious injuries received by an indigent person whose condition is such as not to allow of removal to the municipal building, he shall when requested afford free treatment at the person’s own house or elsewhere.

(k) He shall cooperate with the presidents of other sanitary divisions or other local health officers in the suppression of any epidemic.

(l) He shall, when deputed by the district health officer, examine the bodies of persons who die without medical attendance in his division, and shall issue the necessary certificate of death.

(m) He shall, once a year or more frequently if necessary, give in each of the barrios or other convenient areas of his sanitary division a public lecture in the local dialect, either directly or through an interpreter, on medical and sanitary subjects of local importance.

(n) He shall, whenever so directed by the district health officer, attend such conferences of presidents of sanitary divisions as the district health officer shall call.

[2657–820.]

SECTION 1007. Place of residence. – The president of a sanitary division shall reside in the place which, in the judgment of the district health officer, will afford the greatest facilities for proper discharge of his duties.

[2657–821.]

SECTION 1008. Sanitary inspectors. – Each municipality of a sanitary division shall have one or more sanitary inspectors, appointed by the municipal council concerned, on nomination by the district health officer: Provided, That in the selection of the health personnel, preference shall be given to persons who have taken the civil-service examination for sanitary inspector, to high school or at least intermediate school graduates, and to those who, in the judgment of said district health officer, have had sufficient experience in sanitation and hygiene. Appointments thus made shall be forwarded to the Director of Health and shall take effect immediately, until otherwise provided by said Director.

[2657–822; 3115–2; see C.A. 177.]

SECTION 1009. Duties and powers of inspectors – How defined. – The duties and powers of sanitary inspectors shall be determined by the district health officer of the province in conference with the presidents of the local sanitary divisions.

[2657–823.]

SECTION 1010. Removal of president or inspector – Hour effected. – Presidents of sanitary divisions and sanitary inspectors shall not be removed from office without an investigation made by the provincial board and the health officer of the district. In any such investigation the accused shall be given an opportunity to defend himself before final action is taken and he shall also have a right to appeal to the Director of Health, who may confirm, rescind, or vary the decision of the provincial board.

[2657–824; see C.A. 177–22, 23.]

SECTION 1011. Drugs and medical supplies to be kept by president. – There shall be maintained in every municipality a suitable stock of drugs and medical supplies under the charge and responsibility of the president of the sanitary division. From any such stock articles may be sold at cost plus the necessary reasonable surcharge to cover cost of preparation and losses due to transportation, deterioration, or other causes. The permanent value of such stock at any dispensary shall not exceed two hundred and fifty pesos. The sale of medicines from the public stock shall cease when a pharmacy is opened by a pharmacist or other person legally authorized to sell medicines in the locality, and when such pharmacy is opened the municipal supplies shall be used exclusively for public service.

[2657–825.]

SECTION 1012. Health fund – How created and maintained. – Each municipality embraced in a sanitary division shall set aside each year an amount not less than five per centum from its general funds, and each provincial board shall likewise set aside a like amount from its general funds which, amount, added to that appropriated by the municipalities under its jurisdiction, shall constitute a special fund to be known as the health fund, which may not only be expended for purposes of sanitation, but also for provincial hospitals.

[2657–826; 3115–3.]

SECTION 1013. How health fund to be used. – The health fund thus created shall be deposited with the provincial treasurer and, except as provided in the next succeeding paragraph hereof, shall be used only for the purpose of paying the salaries and traveling expenses of presidents, subordinate officers and employees of the sanitary divisions of the province, and the travel expenses necessarily incurred by the same, from their place of residence, upon proceeding to their station to assume the office, upon appointment, and for the purchase of medicines, medical supplies, and disinfectants to be distributed among the municipalities concerned for sanitary and other medical purposes, and other incidental expenses for carrying out the purposes of section one thousand and two to one thousand and sixteen, inclusive, hereof.

The salaries of district health officers and other assistants, and expenses in connection with their duties, may be paid from this fund, with the prior approval of the Secretary of Public Instruction.

If at the close of the fiscal year there shall remain any balance in the health fund provincial boards are hereby authorized to accumulate such balances from year to year for the purpose of establishing hospitals, benevolent institutions in the province, or of carrying out other permanent sanitary improvements.

[2657–827.]

SECTION 1014. Municipality not contributing to health fund. – Municipalities included in a sanitary division whose general funds do not exceed three thousand pesos a year shall, upon application to the Director of Health, be relieved from liability to contribute to the health fund of the sanitary division, and in such case shall not be entitled to participate in the benefits of such fund.

[2657–828.]

SECTION 1015. Salaries of officials and employees pertaining to sanitary division. – The provincial boards shall in accordance with recommendation of the district health officer, when approved by the Director of Health, fix the salaries of the presidents of sanitary divisions and other sanitary employees of the province. The salaries of presidents of sanitary division shall not be less than one thousand two hundred pesos per annum or more than three thousand six hundred pesos per annum.

[2657–829.]

SECTION 1016. Travel expenses. – The travel expenses of presidents of sanitary divisions and other sanitary employees on official business shall be regulated by the district health officer of the province with the approval of the provincial board.

Whenever in the course of official service any president of a sanitary division travels to visit or attend any pay client or patient, he shall not be entitled to reimbursement for travel expenses incurred in this latter regard and shall state in a sworn voucher to accompany his claim for reimbursement that the claim does not include any such expense.

In case of illness, or authorized absence the president of a sanitary division may, with the approval of the district health officer, arrange with the president of another sanitary division to act in his stead, such service to be without additional salary; in such cases the president so acting shall recover the travel expenses and per diems to which the regular incumbent of the position is entitled. In the event of any officer refusing to render such service the district health officer shall designate for duty such president as he deems fit.

[2657–830.]

SECTION 1017. Vacation leave for employees of sanitary divisions. – Under such conditions as the provincial authorities and the district health officer may approve, presidents of sanitary divisions and other employees of divisions receiving an annual salary of less than two thousand pesos may be granted leave with pay not to exceed twenty-one days for each calendar year; and those receiving an annual salary of two thousand pesos or more may be granted leave with pay not to exceed twenty-eight days for each calendar year. All such leave shall be taken during the calendar year in which it accrues. During an epidemic no leave shall be granted without the approval of the Director of Health.

[2657–831.]

ARTICLE IX

Sanitary President in Community Possessing No Health Organization

SECTION 1018. Sanitary president in unorganized community. – In a municipality or other community where no regular health organization can be maintained, any suitable person may upon the recommendation of the district health officer, be designated as sanitary president by the provincial board, with power to perform, under the supervision of the district health officer and in accordance with the regulations of the (Philippine Health Service) Bureau of Health, such duties appropriate to a local health officer as may be required of him. The term “local health officer,” as here used, includes presidents of sanitary divisions, presidents of municipal health districts, presidents of municipal boards of health, and sanitary inspectors.

Any person thus designated in a municipality shall, unless he be in the (insular) national or provincial service, be paid in the same manner as other municipal officers, and when a salaried municipal officer is so designated the compensation may be paid in addition to other salary.

[2657–832.]

ARTICLE X

Enactment of Health Ordinances for Manila

SECTION 1019. Health ordinances for Manila – How drafted and made effective. – Subject to the approval of the Department Head, the Director of Health, in the exercise of the function of local board of health for the City of Manila shall draft and forward, through the Department Head, to the Municipal Board of the City of Manila for enactment, health ordinances for that city. It shall be the duty of the Municipal Board to enact the ordinances so forwarded; but if it shall consider any such ordinance to be unduly prejudicial to private interests or objectionable for other reasons, it shall promptly return such ordinance through the Department Head to the Director of Health, together with such amendments as it may deem advisable. The Director of Health shall consider the amendments suggested, and shall make such changes in the ordinance, if any, as he may deem advisable, and shall return the same to the Municipal Board. In the event that the amendments, if any, adopted by the Director of Health and approved by the Department Head are not satisfactory to the Municipal Board, the Municipal Board may appeal to the (Governor-General) President of the Philippines, who shall decide the point or points at issue and prescribe the form which the ordinance shall take. His decision shall be final. If the Director of Health shall consider that the Municipal Board is unduly delaying action relative to any health ordinance duly transmitted to it for enactment, he may appeal, through the Department Head, to the (Governor-General) President of the Philippines who may direct the Municipal Board to act on such ordinance or may himself approve it with such modifications as are deemed advisable, and every ordinance so approved by the (Governor-General) President of the Philippines shall have the force and effect of law.

[2657–833; see C.A. No. 661.]

SECTION 1020. Subject matter of Manila health ordinances. – The ordinances drafted by the Director of Health for the City of Manila may provide for –

(a) Entry and inspection in a lawful manner and at reasonable hours of all buildings and premises by officers or employees of the (Philippine Health Service) Bureau of Health in the discharge of their duties, and by sanitary police when acting as sanitary inspectors.

(b) Cleansing, whitewashing, ventilation, and proper sanitary maintenance of all buildings and premises, the nature and thickness of materials to be used in covering the ground surfaces of all buildings or in covering open surfaces connected with cook houses, latrines, or other places where slops or foul liquids may be thrown or deposited; the conditions under which it shall be lawful to live in, occupy or use, let, sublet, or suffer or permit to be used for habitation or occupation any building or part thereof which is in an insanitary condition and the cleansing of buildings and forbidding their occupancy until such time as they have been placed in satisfactory sanitary condition; prohibition of erection of insanitary buildings and of the erection of buildings on unhealthful sites.

(c) Fixing the maximum number of persons who may be permitted to occupy a dwelling or other building or any part thereof, and the number of lower animals that may be permitted to occupy any stable, corral, pen, pound, or other place or premises.

(d) Installation and maintenance of adequate and proper drainage of buildings and premises, including the materials to be used in and the construction of plumbing systems, drains, trappings, water-closets, vaults, latrines, urinals, cesspools, and sanitary fixtures and appliances.

(e) Proper sanitary maintenance, scavenging, collection and disposal of refuse, garbage, and manure, the removal and disposal of night soil, and the proper construction of receptacles for such substances.

(f) Maintaining in a proper sanitary condition, hotels, restaurants, saloons, tenements, lodging houses, emigration or immigration houses, factories, workshops, jails, prisons, theaters, convents, schools, or other places of public assembly or resort; markets, bakeries, confectioneries, dairies, manufactories of aerated waters or of bottled or other drinks or of ice; food-preserving establishments and other places where foods or drinks are prepared or offered for sale; securing the healthfulness and purity of foods or drinks sold or offered for sale in any such building, establishment, or place, and the sanitary conveyance of the same thereto and therefrom; and for such other purposes relative to their sanitary condition as the Director of Health may deem advisable.

(g) Sanitary regulation of the business and fixing the location of tanneries, renderies, tallow chandleries, bone factories, soap factories, and other offensive or unwholesome establishments, business, or occupations which are dangerous to the public health, or the removal of the same when already established, if necessary to secure proper sanitation; sanitary maintenance of butcher shops and slaughterhouses; sanitary regulation of the killing of animals thereat and of removal or conveyance of carcasses therefrom or thereto; and for the purpose of preventing the killing of animals in other places than authorized slaughterhouses; and such other matters and things as may be deemed desirable for the purpose of securing the proper sanitary conduct of such trades, business, manufactories, and occupations.

(h) Sanitary control and maintenance of public stables, baths, and laundries.

(i) Protection from infection of all public and private water supplies and sources, and prohibition of the use of water of dangerous character for domestic purposes.

(j) Prevention and suppression of dangerous communicable diseases; compulsory reporting of such diseases, compulsory inoculation of persons in order to prevent the occurrence of spread of any such diseases; cleansing and disinfection of buildings or premises where any such disease has occurred, and disinfection or destruction of bedding, clothing, or other articles contained therein; compulsory vacation, repair, removal, or destruction of any such building; quarantining of any building, premises, or place declared by the Director of Health to be infected with a dangerous communicable disease; regulation of the movements of persons or animals into or from any such infected building, premises, or place, and the removal of the dead or of carcasses, fodder, litter, dung, clothing, utensils, or any other thing into, within, or from any such quarantined building, premises, or place; establishment of detention camps and dangerous communicable disease hospitals; isolation or removal to hospitals or places of detention of persons affected by or who have been exposed to any dangerous communicable disease, and their detention in their homes, in hospitals, or elsewhere until danger of their developing or communicating such diseases has passed; maintenance in a sanitary condition of all livestock pens, stables, corrals, and other places of detention or maintenance of animals; condemning, killing, and disposal of animals sick of any dangerous communicable diseases; and disposal of the bodies of animals dying from any such disease.

(k) Cleansing and preservation in a sanitary condition of vessels and boats in the harbor of Manila or within the city limits not within or subject to the jurisdiction of the quarantine service.

(l) Cleansing and preservation in a sanitary condition of the harbor of Manila, and of rivers, esteros, canals, or other waterways and their shores included within the city limits.

(m) Destruction of rats, mice, insects or vermin capable of carrying or communicating any dangerous communicable disease, and prescribing the means and precautions to be employed on land or in vessels in port at Manila, to minimize their number and prevent their spreading infection.

(n) Human care of all persons confined or placed in public or private institutions or places of detention within the city because of sickness, deformity, imbecility, poverty, insanity, or other affliction, and provision of sanitary accommodations for persons so confined or placed.

(o) Reporting and registration of marriages, births, deaths, and other matters deemed by the Director of Health to be of sanitary or statistical importance.

(p) Registration and maintenance in a sanitary condition of morgues, undertaking establishments, receiving vaults, and places for embalming or burial of the dead.

(q) Shipment, exhuming, burial, or disposal of the dead.

(r) Definition, declaration, and prohibition of nuisances dangerous to the public health; location and use of public drains, sewers, latrines, and cesspools, and construction and use of private drains, sewers, latrines and cesspools.

(s) Cleansing drainage, or filling in of low lands where such lands are in an insanitary condition and in the opinion of the Director of Health constitute a serious menace to the public health. But no order for the cleansing, drainage, or filling in of such land involving a cost of more than three hundred pesos, shall be effective without the approval of the Secretary of the Interior.

[2657–834.]

SECTION 1021. Territorial force of ordinances for protection of water supply. – Ordinances enacted for the purpose of protecting the purity of the water supply of Manila shall apply to and be enforced over all territory within the drainage area of such water supply or within one hundred meters of any reservoir, conduit, canal, aqueduct, or pumping station used in connection with the city water service.

[2657–835.]

SECTION 1022. Publication of ordinances. – All health ordinances of Manila shall be published in English and Spanish, and in the discretion of the Municipal Board in other languages. A copy of any such ordinance shall be furnished free to any applicant who is an adult resident of Manila and in such language as may be desired, where publication has been made in such language.

[2657–836.]

SECTION 1023. Sanitary inspection – How to be made and supervised. – Sanitary inspections in Manila shall be made under the general supervision and control of the Director of Health by district medical inspectors of the (Philippine Health Service) Bureau of Health, by such members of the police force of the City of Manila as shall be designated as sanitary police by the chief of police, and by such sanitary inspectors as may be authorized by law. Sanitary police and sanitary inspectors shall make sanitary inspections under the immediate direction of district medical inspectors, to whom they shall report the results of such inspections.

[2657–837.]

SECTION 1024. Dangerous accumulations of refuse – How to be dealt with. – Should the Director of Health find that excreta, garbage, refuse, the contents of closets, vaults, cesspools, or any other unhealthful or dangerous substance is being collected, disposed of, or allowed to accumulate by the city authorities in such a manner as to endanger the public health, he shall make complaint through his Department Head to the Municipal Board, and should the Municipal Board fail to take reasonable and suitable measures to remedy the evil, the Director of Health shall make complaint through his Department Head to the (Governor-General) President of the Philippines, who shall issue to the Municipal Board such instructions as he may deem necessary in the interest of the public health.

[2657–838.]

SECTION 1025. Inspection of buildings and drainage system in Manila. – The Director of Health shall inspect or cause to be inspected building, plumbing, waterworks, drainage and sewer systems, streams, and esteros within the limits of the City of Manila, and shall cause to be prepared plans for and estimates of the cost of remedying insanitary conditions discovered by him. He shall further cause to be prepared plans and estimates of the cost of improving the general sanitary condition of unhealthful districts in Manila.

[2657–839.]

SECTION 1026. Manila health fund. – When the (Governor-General) President of the Philippines shall so direct, the Municipal Board of the City of Manila shall set aside annually an amount equivalent to a certain fixed per centum, to be specified by the (Governor-General) President of the Philippines, of its general funds. This allotment shall be known as the Manila health funds and shall be used under the supervision of the Director of Health, to supplement the (insular) national appropriations for the health service in said city.

[2657–840.]

ARTICLE XI

Hospital and Medical Attendance

SECTION 1027. Jurisdiction of (Philippine Health Service) Bureau of Health over hospitals and charitable institutions. – Except as otherwise specially provided, the (Philippine Health Service) Bureau of Health shall have the control and management of all hospitals, sanitaria, detention camps, and charitable institutions supported in whole or in part by (insular) national funds for the treatment or care of sick, infirm, or disabled persons.

There is also vested in the (Philippine Health Service) Bureau of Health a power of visitation and inspection over all hospitals and institutions for the treatment or care of sick, infirm, indigent, or disabled persons, to be exercised so far as may be necessary to secure the proper treatment and sanitary protection of their inmates.

The (Philippine Health Service) Bureau of Health shall also exercise a general supervisory authority over institutions and persons in whom the Director of Health may by contract confide the treatment or care of those who should be maintained or assisted from funds appropriated for the (Philippine Health Service) Bureau of Health, so far as such provision may be necessary for the enforcement of any such contract and the protection of the persons so confided to them.

[2657–841.]

SECTION 1028. Subsistence and quarters of employees in hospital service. – Upon direction of the Director of Health, medical officers and employees rendering services in hospitals controlled by the (Philippine Health Service) Bureau of Health shall be furnished subsistence, quarters, and laundry in kind at the expense of the hospital or other institution where said medical officer or employee may be assigned to duty.

[2657–842.]

SECTION 1029. Ministration to indigent poor. – It shall be incumbent upon the (Philippine Health Service) Bureau of Health, as funds may be available therefor, to provide for the proper care and medical treatment of poor people in clinics, hospitals, or otherwise.

[2657–843.]

SECTION 1030. Free medical service – How rendered. – District health officers shall, when practicable, render, or cause to be rendered by the local health officers of the respective municipalities of their several districts, such medical service as may be required for (Insular) national, provincial, and municipal prisoners or other persons entitled to free medical service therein.

In the City of Manila and other places accessible to the Philippine General Hospital or hospitals or clinics supported by the (Philippine Health Service) Bureau of Health the free medical service may be rendered through such agencies or through other agencies provided for by law or regulation.

[2657–844.]

SECTION 1031. Duty of medical officer of other Bureaus to render medical service. – Where a physician of the (Philippine Health Service) Bureau of Health or other health officers is not available to perform medical service for a Government employee or other person entitled thereto, such service shall be rendered by any accessible medical officer of the Philippine Constabulary or other Bureau.

[2657–845.]

SECTION 1032. Medical attendance for Government employee sick at point remote from hospital. – When an officer or employee of the (Insular) National Government or of a provincial government is ill at a point remote from a hospital under the control of the (insular) national or of a provincial government, and it appears that medical attendance is necessary to preserve his life, the Director of Health at the direction of the (Governor-General) President of the Philippines, shall order a medical officer or nurse to attend such ill person and, if necessary, conduct him to the nearest hospital for treatment.

[2657–846.]

SECTION 1033. Payment of expenses. – The actual and necessary travel/expenses of such physician or nurse shall be a proper charge against the Bureau or Office with which the patient is connected, and, if the patient is an employee of a provincial government, such travel expenses may be made a proper charge against the provincial treasury.

In such case the travel expenses and subsistence of such ill employee to or from a hospital shall be a personal charge to be borne by himself.

[2657–847.]

SECTION 1034. Medical supplies for use in provinces and municipalities. – Medicines and supplies used by a district health officer in attending persons entitled to free medical service shall, if such service is not rendered through a (insular) national hospital, be furnished by the province; and such supplies used by a local health officer for the same purpose shall be furnished by the municipality, unless the expense is chargeable to the health fund of a sanitary division.

Medicine for the treatment of the indigent poor may be furnished by the (Philippine Health Service) Bureau of Health whenever it shall be shown to the satisfaction of the Director of Health that the province or municipality in which the medicines are to be used is financially unable to supply the same.

[2657–848.]

SECTION 1035. Inhibition against receiving pay for free service. – In no case shall an officer or physician whose duty it is to render free medical service receive any payment therefor, either directly or indirectly.

[2657–849.]

ARTICLE XII

Registration of Nurses

SECTION 1036. Registration of nurses. – Every person desiring to practice as registered nurse in the (Philippine Islands) Philippines shall apply to the Director of Health for a certificate of registration as registered nurse.

[2493–7.]

SECTION 1037. Qualifications requisite for registration as nurse. – Applicants for such certificate shall be at least twenty years of age and shall submit evidence of good physical health and good moral character. They shall have been graduates of a recognized school of nursing, which has entrance requirements equal to graduates from the intermediate grades of the public school and which gives a two years and a half course of instruction in a hospital having at least thirty beds and a free dispensary, and active working departments in surgery, obstetrics, medicine, housekeeping, dietetics, pediatrics, and diseases of the eye, ear, nose, and throat. The applicant shall have had dormitory residence during the period of undergraduate instruction.

[2493–7.]

SECTION 1038. Inhibition against practice of nursing by uncertificated person. – It shall be unlawful for any person to practice as a professional nurse in the (Philippine Islands) Philippines until the proper certificate of registration has been obtained.

[2493–8.]

ARTICLE XIII

Government Hospitals for Insane

SECTION 1039. Words and phrases defined. – “Government hospital for the insane,” as used in this chapter, includes any place for insane persons under Government control or any private institution or person receiving insane patients under contract with the Director of Health.

“Insane person,” as herein used, is a person afflicted with insanity, which, in the intendment of this law, is a manifestation in language or conduct, of disease or defect of the brain, or a more or less permanently diseased or disordered condition of the mentality, functional or organic, and characterized by perversion, inhibition, or disordered function of the sensory or of the intellective faculties, or by impaired or disordered volition.

[2657–850.]

SECTION 1040. Authority of Director of Health as regards supervision over insane persons. – The Director of Health shall have authority to inquire into the history and mental condition of all insane or alleged insane persons and require information relating to such persons; to make such regulations as may be necessary for the sanitary erection, maintenance, and repair of buildings in which the insane are quartered, and to prescribe such rules and regulations as may be necessary for the public safety and for the general welfare and proper protection of all persons under treatment for insanity, whether such persons be under the care of public or private institutions or of their guardians or other persons in their homes.

[2657–851.]

SECTION 1041. Admission of insane persons to hospitals for insane. – The Director of Health shall have authority to admit insane persons to any Government hospital for the insane, upon such terms as the Department Head shall approve.

[2657–852.]

SECTION 1042. Authority of Director of Health to make contracts for care of insane. – When necessary or desirable for the adequate and proper accommodation of insane persons, the Director of Health may make contracts, subject to the approval of the Department Head, with private institutions or persons for the care, custody, and treatment of persons coming within the provisions hereof.

[2657–853.]

SECTION 1043. Judicial proceedings for commitment of insane person. – The Director of Health, in all cases where in his opinion it is for the public welfare or for the welfare of any person who in his judgment is insane, and when such person or the person having charge of the patient is opposed to his being taken to a hospital or other place for the insane, shall present, or cause to be presented, a petition to the Court of First Instance of the district wherein the person alleged to be insane is found, alleging that such person is insane, that it is for the welfare of the public or of the patient that he be taken to a suitable place for treatment, and praying the court to commit such person to a hospital or other place for the insane.

If the judge shall find, after due hearing, that the person in question is insane, and that his relatives are unable for any reason to take proper custody and care of the patient, he shall order his commitment to such hospital or other place for the insane as may be recommended by the Director of Health.

[2657–854.]

SECTION 1044. Authority of Director of Health to confine insane person – Care of property. – In the case contemplated in the preceding section the Director of Health may, upon emergency or if the court having jurisdiction is not in session, confine the patient without detriment to his legal status; and if the confinement of such person shall involve the care of property or money belonging to or held in trust by him, the municipal (president) mayor at the request of the provincial fiscal, or in the City of Manila the chief of police at the request of the fiscal of the City of Manila, shall take charge of such property and money pending the appointment of a guardian by the court; but the Director of Health shall cause proceedings to be instituted within a reasonable time in order that the court may determine the legal status of the patient.

[2657–855.]

SECTION 1045. Payment of expenses incident to care of insane person. – The expense of sending an insane person to a hospital or other place for the insane, and of his maintenance therein, shall be paid by the guardian from the property of such insane person, if any there be, or by the person whose duty it is to care for such insane person. In all cases where the insane patient, or the person responsible for his support, is unable wholly or in part to pay the expenses of the patient’s transportation to the hospital and return, or for his maintenance and care while at the hospital, the same, or such part thereof as may remain unpaid, shall be paid by the Bureau of Health: Provided, That whenever a person is found to be insane and it is determined that he is a danger to himself or to others or that he requires hospitalization, he shall be transferred immediately from his home community to a provincial or other Government Hospital, or to the (Insular) National Psychopathic Hospital, and his traveling expenses shall be paid by the Bureau of Health, any other provisions of law to the contrary notwithstanding.

[2657–856; 2943–1; 4207–1.]

SECTION 1046. Appointment of committee to inquire into mental condition of patient. – When in the opinion of the Director of Health there exists a reasonable doubt as to the mental condition of a person who has already been or might be admitted or committed to a Government hospital for the insane, the Director of Health may appoint a committee of two or more duly qualified physicians to inquire into the mental condition of such person, which committee shall submit a written report in the matter to said Director.

[2657–857.]

SECTION 1047. Authority of municipal (president) mayor to restrain insane person. – When in the opinion of a municipal (president) mayor an insane person constitutes a menace to the safety of himself or others, or when the conduct of a person believed to be insane is such as to call for immediate restraint, he shall provide for the proper custody of such person and report such facts immediately to the Director of Health, by whom such person shall be committed to a hospital or other place for insane persons otherwise dealt with according to law.

[2657–858.]

SECTION 1048. Discharge of patient from custody. – When in the opinion of the Director of Health any patient in any Government hospital or other place for the insane is temporarily or permanently cured, or may be released without danger, he may discharge such patient, and shall notify the judge of the Court of First Instance who ordered the commitment, in case the patient is confined by order of the court.

[2657–859.]

SECTION 1049. Assistance of fiscal in judicial proceedings. – It shall be the duty of the provincial fiscal, or in the City of Manila of the fiscal of the city, to prepare the petition for the Director of Health and represent him in court in matters arising under the provisions of this article, when thereunto requested by said Director.

[2657–860.]

SECTION 1050. Obligation of City of Manila to reimburse for maintenance of its insane. – The City of Manila shall reimburse the (Philippine Health Service) Bureau of Health, at rates to be approved by the Department Head, for the maintenance of all insane persons committed to a hospital for the insane maintained by said Bureau who shall have resided in Manila for a period of one or more years prior to the date of application for commitment, so long as the number of insane maintained at the expense of the (Insular) National Government on account of the City of Manila shall exceed the latter’s pro rata share of such persons on a basis of population.

[2657–861.]

ARTICLE XIV

Public Vaccination

SECTION 1051. Prohibition against vaccination by means of smallpox virus or smallpox lymph. – Vaccination shall be effected by the use of vaccine virus. The inoculation of any human being with smallpox virus or smallpox lymph, either directly or indirectly, shall be unlawful.

[2657–866.]

SECTION 1052. Stated time for vaccination. – Beginning in the first week of January of each year the provincial and municipal authorities, or other local authorities, shall cause a thorough public vaccination to be accomplished in their respective jurisdictions.

Each municipal or (township) municipal district council or other local authority shall provide and furnish a suitable room or rooms for carrying on the work of vaccination within its respective jurisdiction.

[2657–867.]

SECTION 1053. Employment of special vaccinators. – With the approval of the Department Head, the Director of Health may temporarily employ special vaccinators to render service in places or communities where vaccination is necessary to prevent the spread of smallpox, if the local authorities are unable to meet the sanitary requirements.

[2657–868.]

SECTION 1054. Persons liable to vaccination. – Every person in the (Philippine Islands) Philippines shall submit to vaccination when thereunto lawfully required, unless he shall furnish satisfactory evidence either by a certificate from a physician or vaccinator, or otherwise, to the effect that he is immune from the disease of smallpox. Such vaccination shall be performed gratis.

[2657–869.]

SECTION 1055. Certificate of vaccination – Record of vaccinations. – A vaccinator shall furnish a certificate of each person vaccinated by him, showing the date of vaccination and such other facts pertinent thereto as may be specified in forms prescribed by the Director of Health. It shall also be his duty to make an official record of all vaccinations performed by him containing such data as shall be prescribed by said Director.

[2657–870.]

SECTION 1056. Duty of parents and guardians to have children forthcoming for vaccination. – Every parent, guardian, or person having charge of one or more children of one month of age or over shall see that they are presented for examination and vaccination at such place and time as may be specified by proper authority, and that they are returned on the eighth day after such presentation to said place so that the result of the vaccination may be verified.

[2657–871; 3574–1.]

SECTION 1057. Vaccination of children in schools, orphanages, and asylums – Duty of person in control. – The presidents, principals, boards of directors, managers, or any person or persons having charge of universities, colleges, academies, seminaries, public or parochial schools, orphanages, or asylums, or other places where children are educated, reared, or cared for, shall present such children for vaccination within said institution at such times as may be specified by proper authority.

[2657–872.]

ARTICLE XV

Segregation of Lepers

SECTION 1058. Segregation of lepers – Duty of police officers. – The Director of Health and his authorized agents are empowered to cause to be apprehended, and detained, isolated, or confined, all leprous persons in the (Philippine Islands) Philippines; and it shall be the duty of every (Insular) National, provincial, or municipal official having police powers, upon request of said Director or his agent, to arrest and deliver, at such place as the officer making the request shall indicate, any person alleged or believed to be a leper, in order that such suspect may be subjected to the medical inspection and diagnostic procedure necessary to determine the presence or absence of leprosy. It shall also be the duty of said authorities having police power to guard the person suspected of being a leper while he is in custody and to assist in removing him to a place of detention, treatment or segregation and in restraining him at such place, when so required by the Director of Health or his agent; and if it be found that the suspected person is not a leper they shall assist in his conveyance to the place at which he was arrested, unless other satisfactory arrangements are made.

[2657–873.]

SECTION 1059. Confirmation of diagnosis. – All protests and petitions shall be given careful consideration and if the diagnosis is questioned, no person shall be permanently removed to Culion reservation, or other place of segregation or detention, until the diagnosis of leprosy has been confirmed by bacteriological methods.

[2657–874.]

SECTION 1060. Security of property of leprous persons. – When the detention, treatment, isolation, or segregation of leprous persons shall involve the security of property and money belonging to or held by said leprous persons, the provincial treasurer, or such person as he may designate shall act as guardian pending the appointment of a lawful guardian in the province where such person resides.

[2657–875.]

SECTION 1061. Duty of police officers to report cases of leprosy. – It shall be the duty of every police officer or other peace officer having reason to believe that any person within his district is afflicted with leprosy to report the fact forthwith to the district health officer of the district in which the case occurs.

[2657–876.]

SECTION 1062. Harboring of leprous persons. – No person shall knowingly detain or harbor on premises subject to his control, or shall in any manner conceal or secrete, or assist in concealing or secreting, any person afflicted with leprosy, with the intent that such person be not discovered or delivered to the Director of Health or his agents, or shall support or assist in supporting any leper living in concealment.

[2657–877.]

SECTION 1063. Establishment of hospitals and detention camps – Medical treatment. – The Director of Health may establish for leprous persons hospitals and detention camps at such places as may be necessary, and where such hospitals and detention camps are established he may order the treatment of leprous patients in the incipient stage in order to attempt a cure, and he may discharge such patients as he shall deem cured or free from leprosy, and send to a place of segregation and isolation all such patients as shall be considered by him incurable or capable of spreading the disease of leprosy.

The Director of Health may permit any duly qualified and reputable physician to engage in the treatment of lepers or any person supposed to have leprosy. Such treatment shall be under the conditions and regulations prescribed by the Director of Health.

[2657–878.]

SECTION 1064. General regimen of patients. – The Director of Health or his agents may require from patients such reasonable amount of labor as may be recommended by the attending physician and the Director of Health may further make and publish such rules and regulations as he may deem advisable for the amelioration of the condition of lepers.

[2657–879.]

SECTION 1065. Control over person living with leper. – Voluntary helpers or friends while living with segregated lepers shall be under the control of the Director of Health and may thereafter be subjected to observation for a period to be prescribed by him.

[2657–880.]

SECTION 1066. Jurisdiction of Department Head over Culion reservation. – The Department Head shall have administrative control, to be exercised through the Director of Health, over the Culion reservation and he shall have authority to make, promulgate, and enforce in and for said reservation, and in or upon the waters thereof, such rules and regulations, consistent with law, as may be necessary for the efficient control, protection, and management of the Culion Leper Colony.

[2657–881.]

SECTION 1067. Justice of peace and notary public for Culion reservation. – The chief of the Culion leper colony division of the (Philippine Health Service) Bureau of Health shall be clothed with the powers of justice of the peace and ex officio notary public for the Culion reservation.

[2657–882.]

SECTION 1068. Control of shipping and travel in Culion reservation. – It shall be unlawful for any owner, master, or other person in charge of any vessel, boat, or other water craft to land passengers, discharge cargo, or receive passengers or cargo, or permit the same to be done at any place in or within the jurisdiction of Culion reservation until a permit therefor in writing has been obtained from the chief of the Culion leper colony division of the (Philippine Health Service) Bureau of Health; and it shall be unlawful for any person to land on or visit within said jurisdiction without permission from said chief.

[2657–883.]

SECTION 1069. Articles for transportation to member of leper colony. – The family of any leper confined in the Culion leper colony may deliver to the district health officer of each province or to his representative, once in three months, any packages or parcels containing food, clothing, tobacco, letters, pictures, and generally all sorts of documents or papers, and nothing else, to be sent, at the expense of the (Philippine Health Service) Bureau of Health, to the leper member of said family for his personal use, provided the total gross weight of each such shipment to a leper shall not exceed forty kilograms; but other articles or a greater quantity can be sent upon payment of the expense of transportation by the sender.

“Family of any leper, as herein used, shall include the parents, spouse, brothers, sisters, sons, and daughters of any leper confined as aforesaid; and it shall be the duty of the district health officer to ascertain and assure himself of such relationship in every instance before dispatching the articles.

[2657–884.]

SECTION 1070. How received and dispatched. – The articles above mentioned shall be received at the provincial capital or other place in the province most convenient for shipment by sea; and it shall be the duty of the district health officer, by means of notices in English, Spanish, and the local dialect, posted at the door of every municipal building in the province, to give information as to the date or dates when such articles will be received at the place or places indicated in such notices. Such dates shall be fixed with a view to the making of proper connection with interisland mail steamers sailing from the port of embarkation. Receipts shall be given for all articles delivered for the purpose aforesaid, and such articles shall be shipped without delay to Culion by the most practicable transportation route.

[2657–885.]

SECTION 1071. Supply store for leper colony. – The Director of Health may maintain a general store for the purpose of furnishing merchandise required by the residents of the Culion Leper Colony, and for the purchase of supplies, and the reimbursement of services which such residents may, under the authority of the Department Head, supply or render such colony.

The supply-store fund shall be reimbursable, the receipts from the business of the supply store being available for the payment of the expenses incident to the conduct of the same, without reappropriation.

[2657–886.]

ARTICLE XVI

Disposition of Bodies of Dead Persons

SECTION 1072. City of Manila excluded from operation of this article. – The provisions of this article shall not be in force in the City of Manila.

[2657–887 .]

SECTION 1073. Prohibition against burial in unauthorized places. – Except in cases of emergency, it shall be unlawful for any person to bury or inter, or to cause to be buried or interred, either temporarily or permanently, a dead body of any human being or any human remains in any place other than such as may lawfully be used for such purpose in conformity with the provisions hereof.

[2657–888.]

SECTION 1074. Restriction as to place of sepulture. – No burial ground or cemetery shall be authorized or established, and no place shall be used for purposes of sepulture, which shall not be at least twenty-five meters from any dwelling house; but when compliance with this provision is impracticable the above restriction may be waived in whole or in part by written permit of the Director of Health, provided such action is compatible with the sanitary requirements of the community.

“Dwelling house,” as herein used, shall not include any abandoned house or houses occupied by the employees or attendants of a cemetery or otherwise properly used for purposes connected with the care thereof.

[2657–889.]

SECTION 1075. Distance from source of water supply. – It shall be unlawful for any person or persons, or for any order or society of persons, or for any corporation or corporations, or for any church or other organization whatsoever, to bury or inter the dead, or to use any land or lands, in any way whatsoever, as a temporary or permanent place of interment or disposal of the dead, within fifty meters of either side of any river, or within fifty meters of any spring, well, or other source of water supply.

The Director of Health may, in his discretion, authorize the continuance or reopening of any burial ground, cemetery, or other place for the temporary or permanent disposal of the dead, not meeting the requirements of this section, which may have been established prior to February twenty-first, nineteen hundred and six.

[2657–890.]

SECTION 1076. Setting apart of land for municipal cemetery – Sale of lots to private persons. – Subject to the approval of the Director of Health, the council of any municipality may set apart any tract of land, or part thereof, belonging to the municipality, which it may deem advisable, for a municipal burial ground or cemetery, and may designate any portion thereof as a place of burial for the poor, and may lay out the remaining unoccupied portion in suitable lots, with the necessary paths, avenues, or other reserved spaces, and may plant and embellish the same with trees, shrubs, and flowers and other suitable ornaments, and the said council or any person designated by it may grant and convey for and in the name of the municipality, by deed or other legal conveyance, lots in such burial ground or cemetery, to be used for the burial of the dead, and on which to erect tombs, cenotaphs, and other monuments.

[2657–891.]

SECTION 1077. Disposition of funds received from sale of cemetery lots. – The proceeds realized from the sale of cemetery lots in a municipal burial ground or cemetery shall be deposited in the municipal treasury and kept separate from other funds and may be disbursed by order of the municipal council, upon properly prepared and signed vouchers, for the purpose of keeping in order, improving, and embellishing said burial ground or cemetery; and with the approval of the Director of Health any sums remaining in said fund on January first of each year in excess of the amounts expended or obligations incurred to keep in order, improve, or embellish such burial ground or cemetery may be transferred to the municipal general fund to be expended for general municipal purposes.

[2657–892.]

SECTION 1078. Enactment of discriminative cemetery regulations forbidden. – No municipality, in prescribing rules and regulations for the government of municipal burial grounds or cemeteries, shall discriminate against the burial of bodies on account of race, nationality, or religion; and no municipal ordinance or regulation shall be made which shall restrict or interfere with any person in the full exercise of his religious sentiments in respect to the burial of the dead, or interfere with any person or persons, organization, church, religious denomination, or sect in maintaining and regulating burial grounds or cemeteries in accordance with their belief or customs.

[2657–893.]

SECTION 1079. Supervisor of municipal cemetery. – Any municipal council may designate the municipal board of health of its municipality or any member thereof, or a local health officer, to act as its representative in the administration of municipal cemeteries, and such organization or officer shall perform the duties thus imposed without extra compensation.

[2657–894.]

SECTION 1080. Authority of municipal council to hold property for cemetery uses. – Municipal councils may receive and hold grants, gifts, or bequests of property or money, and apply the same to the improvement or embellishment of municipal burial grounds or cemeteries or any part thereof, or for the erection, preservation, or removal of monuments, fences or other structure in or around said burial grounds or cemeteries, according to the terms of the grant, gift, or bequest. In cases where such grants, gifts, or bequests have been made without terms or conditions, they may be applied to such improvement of the municipal burial ground or cemetery as the council may deem advisable.

[2657–895.]

SECTION 1081. Power of municipality to acquire land for cemetery purposes. – Municipalities shall have authority to acquire land for the purpose of establishing or enlarging burial grounds or cemeteries by purchase, by lease, by the acceptance of gifts and bequest, or when necessary, by condemnation by judicial proceedings.

[2657–896.]

SECTION 1082. Cemetery permits. – It shall be unlawful to establish, maintain, enlarge, reopen, or remove any burial ground or cemetery, or to disinter a human body or human remains, until a permit therefor, approved by the Director of Health, shall have been obtained.

[2657–897.]

SECTION 1083. Mode of application for permit. – The application for a permit under the preceding section whether for a municipal cemetery or otherwise, shall be transmitted by or through the municipal council of the municipality in which such burial ground or cemetery is to be established or is located and the municipal council shall make such indorsements thereon as it may deem proper transmitting the same to the Director of Health.

Municipal councils shall forward all applications for the establishment, enlargement, reopening, or removal of burial grounds or cemeteries to the Director of Health within ten days after such applications are filed.

[2657–898.]

SECTION 1084. Cemetery exempt from taxation or legal process. – Land used for a burial ground or cemetery, public or private, shall be exempt from taxation, attachment, or levy of execution.

[2657–899.]

SECTION 1085. Authority of Director of Health to close cemetery. – The Director of Health shall have authority by order to close any burial ground or cemetery, whether conducted by a municipality, society, corporation, church, or by any person or persons, whenever he shall determine that the same is a menace to the public health.

[2657–900.]

SECTION 1086. Authority of municipal council to close or remove cemetery. – With the approval of the Director of Health, any municipal council may, by ordinance or resolution, close any cemetery within the limits of the municipality over which it has jurisdiction and with the further approval of the Department Head, any such cemetery may be removed by the same authority.

[2657–901.]

SECTION 1087. Requirement of certificate of death – By whom to be issued. – Except in cases of emergency, no dead body shall be buried without a certificate of death. If there has been a physician in attendance upon the deceased, it shall be the duty of the said physician to furnish the required certificate. If there has been no physician in attendance, it shall be the duty of the local health officer or of any physician to furnish such certificate. Should no physician or medical officer be available, it shall be the duty of the (president) mayor, the secretary, or of a councilor of the municipality to furnish the required certificate.

The death certificate shall be forwarded by the person issuing it to the municipal secretary within forty-eight hours after death.

[2657–902.]

SECTION 1088. Contents of death certificate. – Death certificates shall contain the following information, to wit: The name, age, sex, nationality, and occupation of the deceased; whether married or single, widowed, or divorced; date of death, place of death, cause of death when known; duration of illness; residence of deceased; whether deceased was a permanent or transient resident of the municipality in which he died; whether the deceased had medical attendance, and if so the length of such attendance, the name and address of the physician attending; whether there are indications of violence or crime; and such other information as may be required for identification or statistical purposes.

[2657–903.]

SECTION 1089. Proceedings in case of suspected violence or crime. – If the person who issues a death certificate has any reason to suspect or if he shall observe any indication of violence or crime, he shall at once notify the justice of the peace, if he be available, or if neither the justice of the peace nor the auxiliary justice be available, he shall notify the municipal (president) mayor, who shall take proper steps to ascertain the circumstances and cause of death; and the corpse of such deceased person shall not be buried or interred until permission is obtained from the provincial fiscal, if he be available, and if he be not available, from the (president) mayor of the municipality in which the death occurred.

[2657–904.]

SECTION 1090. Burial and transfer permits. – Municipal secretaries in the capacity of secretaries of municipal boards of health, in places where such boards have been organized or in places where there are no municipal boards of health, in the capacity of clerks to municipal councils, shall, upon the presentation of death certificates, issue permits for the burial or transfer of the dead and shall record on said certificates the place of interment and when practicable the number of the grave, and in cases of disinterment, in addition thereto, shall be noted the name of the cemetery and the number of the grave from which the body or remains have been transferred, and the disposition that is to be made of such body or remains. No permit shall be granted by any municipal secretary, or by any other person, to inter or disinter, bury or remove for burial, any human body or remains until a certificate of death, as hereinbefore required, shall have been filed; when it is impossible to secure a death certificate in the form and manner hereinbefore provided, municipal secretaries may issue the same upon such data as may be obtainable.

In case of the transfer of bodies or remains from one municipality to another municipality, a copy of the death certificate shall accompany the transfer permit.

[2657–905.]

SECTION 1091. Exhibition of permit to sexton. – No sexton, superintendent, or other person having charge of a burial ground or cemetery shall assist in, assent to, or allow any interment, disinterment, or cremation to be made until a permit from the municipal secretary, authorizing the same, has been presented.

[2657–906.]

SECTION 1092. Time within which body shall be buried. – Except when required for the purpose of legal investigation or when specially authorized by local health authorities, no unembalmed body shall remain unburied longer than forty-eight hours after death; and after the lapse of such period the permit for burial, interment, or cremation of any such body shall be void and a new permit must be obtained.

When it has been certified or is known that any person died of, or with a dangerous communicable disease, the body of such person shall be buried within twelve hours after death, unless otherwise directed by the local board of health, or other health authority.

[2657–907.]

SECTION 1093. Permit for conveyance of body to sea for burial. – Where death is not due to a dangerous communicable disease a special permit may, upon written request, be issued, by the officer authorized to issue burial permits, for the conveyance of a dead body to sea for burial. In such cases the body must be transported in the manner prescribed by the municipal board of health, if such there be, and the marine laws governing burials at sea must be complied with.

[2657–908.]

SECTION 1094. Disposition of body and belongings of person dying of dangerous communicable disease. – The body of any person dead of a dangerous communicable disease shall not be carried from place to place, except for the purpose of burial or cremation. It shall be the duty of the local health authorities to cause such body to be thoroughly disinfected before being prepared for burial and the house, furniture, wearing apparel, and everything capable of conveying or spreading infection shall also be disinfected or destroyed by fire. The local health authority, if there be any, subject to the approval of the Director of Health, shall, consistently with the provisions hereof, prescribe the conditions under which the bodies of persons dying of a dangerous communicable disease shall be buried or cremated.

[2657–909.]

SECTION 1095. Permit to disinter after three years – Treatment of remains. – Permission to disinter the bodies or remains of persons who have died of other than dangerous communicable disease, may be granted after such bodies had been buried for a period of three years; and in special cases, the Director of Health may grant permission to disinter after a shorter period when in his opinion the public health will not be endangered thereby.

The body or remains of any such deceased person, upon exhumation, shall be immediately disinfected and inclosed in a coffin, case, or box, securely fastened, and this coffin, case, or box shall be placed in an outside box which shall also be securely fastened.

[2657–910.]

SECTION 1096. Special permit to disinter embalmed body or to remove from receiving vault for transfer. – Special permits may be issued at any time for the disinterment or exhumation of remains of persons, dying of other than dangerous communicable diseases, that have been properly embalmed by an undertaker or embalmer, or for the transfer or removal of bodies that have been placed in a receiving vault awaiting transportation from the (Philippine Islands) Philippines. Boxes containing the bodies or remains shall be plainly marked so as to show the name of the deceased, place of death, cause of death, and the point to which such bodies or remains are to be shipped.

[2657–911.]

SECTION 1097. Exhumation in case of death from dangerous communicable disease. – Bodies or remains of persons who have died of any dangerous communicable disease may be exhumed only after the lapse of five years from burial, though in special cases the Director of Health may grant a permit to disinter after a shorter period when in his opinion the public health will not be endangered thereby.

In every such case the body or remains, after being disinfected, must be placed in a suitable and hermetically sealed container.

[2657–912.]

SECTION 1098. Shipment of remains by sea. – No body or remains shall be shipped to the United States except under such conditions and regulations as may be prescribed by the United States Public Health Service. The outside box containing the body or remains of a deceased person intended for shipment by sea shall be plainly marked so as to show the name, age, nationality of the deceased person, the cause of death, and the destination of the remains.

[2657–913.]

SECTION 1099. Placing of body in overground tomb. – The placing of the body of any deceased person in an unsealed overground tomb is prohibited, unless the coffin or casket containing the remains shall be permanently sealed.

This provision shall not apply to tombs and vaults which are strictly receiving vaults for bodies or remains awaiting final disposition, nor to embalmed bodies awaiting final disposition.

[2657–914.]

SECTION 1100. Depth of grave. – A grave shall be dug, when practicable, to a depth of at least one and one-half meters, and after the implacement of the body it shall be well and firmly filled.

[2657–915.]

SECTION 1101. Record of deaths to be kept by local board of health. – It shall be the duty of each local board of health to keep a complete record of deaths occurring within its jurisdiction; and such board may require from the person or persons charged with the burial of the dead, such reports as may be necessary for this purpose.

[2657–916.]

SECTION 1102. Regulations for government of places for the keeping or repose of dead. – All morgues, undertaking establishments, receiving vaults, and places for embalming the dead, and all burial grounds or cemeteries, crematories, or other places for the disposition of the dead, shall be subject at all hours to such inspection as the local health authorities or the Director of Health may deem advisable; and such institutions or establishments, whether public or private, shall be governed by sanitary regulations promulgated by the Director of Health.

[2657–917.]

SECTION 1103. Persons charged with duty of burial. – The immediate duty of burying the body of a deceased person, regardless of the ultimate liability for the expense thereof, shall devolve upon the persons hereinbelow specified:

(a) If the deceased was a married man or woman, the duty of burial shall devolve upon the surviving spouse if he or she possess sufficient means to pay the necessary expenses.

(b) If the deceased was an unmarried man or woman, or a child, and left any kin, the duty of burial shall devolve upon the nearest of kin of the deceased, if they be adults and within the (Philippine Islands) Philippines and in possession of sufficient means to defray the necessary expenses.

(c) If the deceased left no spouse or kindred possessed of sufficient means to defray the necessary expenses, as provided in the two foregoing subsections, the duty of burial shall devolve upon the municipal authorities.

Any person upon whom the duty of burying a dead body is imposed by law shall perform such duty within forty-eight hours after death, having ability to do so.

[2657–918.]

SECTION 1104. Right of custody to body. – Any person charged by law with the duty of burying the body of a deceased person is entitled to the custody of such body for the purpose of burying it, except when an inquest is required by law for the purpose of determining the cause of death; and, in case of death due to or accompanied by a dangerous communicable disease, such body shall until buried remain in the custody of the local board of health or local health officer, or if there be no such, then in the custody of the municipal council.

[2657–919.]

SECTION 1105. Restriction as to funeral ceremonies in certain cases. – In case of death due to dangerous communicable disease or due to any epidemic recognized by the Director of Health, the body of the deceased shall not be taken to any place of public assembly, nor shall any person be permitted to attend the funeral of such deceased person, except the adult members of the immediate family of the deceased, his nearest friends, not exceeding four, and other persons whose attendance is absolutely necessary. After the deceased shall have been buried for a period of one hour a public funeral may be held at the grave or in a place of public assembly or elsewhere.

In case of death due to other causes the right to hold public funerals in an orderly manner and to take the remains of the deceased into churches or other places for this purpose shall not be interfered with.

[2657–920.]

SECTION 1106. United States burial corps not restricted by provisions of this chapter. – The provisions of this chapter shall not be construed to obstruct the United States burial corps when acting under the authority of the laws and military regulations of the United States, in so far as such provisions pertain to the disinterring of bodies or remains or their shipment after disinterment.

[2657–921.]

SECTION 1107. Use of dead body for scientific purposes. – The body of any deceased person which is to be buried at public expense and which is unclaimed by relatives or friends for a period of twenty-four hours after death shall be subject to the disposition of the (Philippine Health Service) Bureau of Health, and, by order of the Director of Health, may be devoted to the purposes of medical science and to the advancement and promotion of medical knowledge and information, subject to such regulations as said Director of Health, with the approval of the Department Head, may prescribe. The regulations of the Director of Health shall provide for the decent burial of the remains of such bodies and for defraying the necessary expenses incident thereto. Except as herein provided, it shall be unlawful for any person to make use of any dead body for any scientific investigation other than that of performing an autopsy.

[2657–922; 2897–1.]

ARTICLE XVII

Food and Drugs Act

SECTION 1108. Title of article. – This article shall be known as the Food and Drugs Act.

SECTION 1109. Terms defined. – “Person,” as herein used, includes corporations, companies, societies, associations, and other commercial or legal entities.

“Food,” as herein used, includes all articles, whether simple, mixed, or compounded, which are used for food, drink, confectionery, or condiment by man or other animals.

“Drug,” as herein used, includes all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals.

[1655–6, 12.]

SECTION 1110. Imputation of act of agent to principal. – In applying the provisions of this article, the act, omission, or failure of any officer, agent, servant, or other representative acting for or employed by any principal, shall, if within the scope of the office, agency, employment, be deemed to be the act, omission, or failure of the principal as well as of the immediate actor.

[1655–12.]

SECTION 1111. Inhibition against manufacture of adulterated or misbranded food or drug. – It shall be unlawful for any person to manufacture within the (Philippine Islands) Philippines any adulterated or misbranded article of food or any adulterated or misbranded drug.

[1655–1.]

SECTION 1112. Inhibition against shipment of adulterated or misbranded food or drug. – The introduction into the (Philippine Islands) Philippines from the United States or from any foreign country or the shipment to the United States or to any foreign country from the (Philippine Islands) Philippines, of any adulterated or misbranded article of food or any adulterated or misbranded drug is prohibited.

[1655–2.]

SECTION 1113. Inhibition against sale or transfer of adulterated or misbranded food or drug. – It shall be unlawful for any person to sell or offer for sale in the (Philippine Islands) Philippines any adulterated or misbranded article of food or any adulterated or misbranded drug. It shall also be unlawful for any person, after importing or receiving any such article of food or drug from abroad, to transfer or deliver, or offer to transfer or deliver the same to any other person in an original unbroken package, whether for pay or otherwise.

[1655–2.]

SECTION 1114. Forfeiture of adulterated or misbranded food or drug. – When any adulterated or misbranded article of food or any adulterated or misbranded drug is manufactured in the (Philippine Islands) Philippines or introduced therein from abroad, or when any such article or drug is sold or offered for sale in the (Philippine Islands) Philippines or is intended for export to the United States or a foreign country, the same be subject to seizure and forfeiture.

[1655–10.]

SECTION 1115. When article deemed to be adulterated. – For the purposes hereof an article shall be deemed to be “adulterated”:

(a) In case of drug:

First. If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality, or purity, as determined by the test laid down in the United States Pharmacopoeia or National Formulary, official at the time of investigation: but no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof, although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary.

Secondly. If its strength or purity fall below the professed standard or quality under which it is sold.

(b) In case of confectionery:

If it contain terra alba, barytes, talc, chrome yellow, or other mineral substance of poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt, or spirituous liquor or compound or narcotic drug.

(c) In case of food:

First. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.

Secondly. If any substance has been substituted wholly or in part for the article.

Thirdly. If any valuable constituent of the article has been wholly or in part abstracted.

Fourthly. If it be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed.

Fifthly. If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health: but when in the preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservative shall be printed on the covering or the package, the provisions of this article shall be construed as applying only when said products are ready for consumption.

Sixthly. If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.

[1655–7.]

SECTION 1116. When article deemed to be misbranded. – “Misbranded,” as herein used, shall apply to all drugs, or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein, which is false or misleading in any particular, and to any food or drug product which is falsely branded as to the State, Territory, or country in which it is manufactured or produced.

For the purposes hereof an article shall also be deemed to be misbranded:

(a) In case of drugs

First. If it is be an imitation of, or offered for sale, under, the name of another article.

Secondly. If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, choral hydrate, or acetanilide, or any derivative or preparation of any such substances contained therein.

(b) In the case of food:

First. If it be an imitation of, or offered for sale under, the distinctive name of another article.

Secondly. If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package, or if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide or any derivative or preparation of any of such substances contained therein.

Thirdly. If in package form, the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count: but reasonable variations shall be permitted, and tolerances and also exemptions as to small packages shall be established by proper regulations.

Fourthly. If the package containing it or its label shall bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design, or device is false or misleading in any particular.

[1655–8; 2317–1.]

SECTION 1117. Reservation in favor of certain articles of food. – An article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:

First. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of, or offered for sale under, the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced.

Secondly. In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word “compound,” “imitation,” or “blend,” as the case may be, is plainly stated on the package, in which it is offered for sale. The term “blend,” as here used, shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only.

[1655–8.]

SECTION 1118. Reservation in favor of articles prepared according to specifications of foreign purchaser. – No article shall be deemed misbranded or adulterated within the meaning hereof when intended for export to the United States or to any foreign country and prepared or packed according to the specifications or directions of the purchaser in the United States or in any foreign country when no substance is used in the preparation or packing thereof in conflict with the laws of the United States or of the foreign country to which said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domestic use or consumption in the (Philippine Islands) Philippines, then this reservation shall not exempt said article from the operation of any of the other provisions of this article.

[1655–2.]

SECTION 1119. Reservation in favor of secrecy in trade formulas. – Nothing herein shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this article may so require to secure freedom from adulteration or misbranding.

[1655–8.]

SECTION 1120. Reservation in favor of dealer protected by guaranty of original vendor. – No dealer shall be prosecuted for a violation of the provisions of this article when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the (Philippine Islands) Philippines, from whom he purchases such articles, to the effect that the same is not adulterated or misbranded within the meaning of the Food and Drugs Act, designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines, and other penalties which would otherwise attach, in due course, to the dealer.

[1655–9.]

SECTION 1121. Regulations for enforcement of Food and Drugs Act. – With the approval of the Secretary of Public Instruction, the Director of Health, the Insular Collector of Customs, and the Collector of Internal Revenue shall make and promulgate regulations for the enforcement of the Food and Drugs Act. In such regulations provisions shall be made for the collection of samples of foods and drugs for examination.

[1655–3.]

SECTION 1122. Board of Food and Drug Inspection. – There shall be a board to be known as the Board of Food and Drug Inspection consisting of such number of persons as may be thereunto designated from the Government service by the (Governor-General) President of the Philippines.

It shall be the duty of this Board, conformably with law and regulations, to give hearings and conduct investigations relative to matters touching the administration of the Food and Drugs Act, to investigate processes of food manufacture, and to submit reports to the Director of Health, recommending food and drug standards for adoption. Said Board shall also perform such additional functions, properly within the scope of the administration hereof, as may be assigned to it by the Director of Health.

The decisions of the Board shall be advisory to the Director of Health.

SECTION 1123. Examination for determining character of goods. – The technical examination of samples of foods and drugs made for the purpose of ascertaining whether the same are adulterated or misbranded shall be conducted in the Bureau of Science or under the direction and supervision of the Director of the Bureau of Science. The report of the persons making such examination shall be verified by oath when the article examined is found to be obnoxious to the provisions hereof.

[1655–4.]

SECTION 1124. Opportunity for hearing before Board. – When it appears to the Director of Health from the report of the examining chemist or otherwise that any article of food or any drug is adulterated or misbranded, he shall cause notice thereof to be given to the person or persons concerned, and such person or persons shall be given an opportunity to be heard before the Board of Food and Drug Inspection and to submit evidence impeaching the correctness of the finding or charge in question.

[1655–4.]

SECTION 1125. Institution of criminal prosecution. – When a violation of any provision of the Food and Drugs Act comes to the knowledge of the Director of Health of such character that a criminal prosecution ought to be instituted against the offender, he shall certify the facts to the (Attorney-General) Solicitor-General, through the Secretary of Public Instruction, together with the chemist’s report, the finding of the Board of Food and Drug Inspection, or other documentary evidence on which the charge is based.

[1655–4.]

SECTION 1126. Judicial proceedings for condemnation of forfeited articles. – Judicial proceedings for the condemnation of articles or goods subject to seizure and forfeiture under the provisions hereof shall be instituted by the proper prosecuting officer in the Court of First Instance of the judicial district within which the goods may be found; and when their obnoxious character has been established, and order of condemnation shall be entered by said court, and the goods shall be disposed of by destruction or by sale for industrial or other lawful use, as the court may direct. If a sale is made, the proceeds, less the legal costs and charges, shall be paid into the (Insular) National Treasury.

[1655–5, 10.]

SECTION 1127. Owner’s bond. – Upon the payment of costs in a proceeding under the preceding section and upon the execution and delivery of a good and sufficient bond to the effect that such articles shall not be sold or otherwise disposed of contrary to law, the court may by order direct that such articles be delivered to the owner thereof.

[1655–10.]

SECTION 1128. Attempted importation of obnoxious articles. – When adulterated or misbranded articles of foods or drugs are being imported into the (Philippine Islands) Philippines or offered for import, the Insular Collector of Customs shall seize the same, and after their obnoxious character has been verified by chemical examination or otherwise, as the case may require, he shall exclude the goods from admission and refuse delivery to the consignee.

The consignee in such case shall be at liberty to ship the goods away from the (Philippine Islands) Philippines, if not an immediate menace to the public health, within three months from the date of notice of such refusal, under regulations prescribed by the Insular Collector; and if such exportation be not made within said period, the Insular Collector shall dispose of the goods by destruction or by sale for industrial or other lawful use.

All charges for storage, cartage, and labor on goods of which delivery is thus withheld shall be paid by the owner or consignee, and in default of payment the obligation therefor, if not satisfied from the proceeds of sale hereunder, shall constitute a lien against any future importation made by such owner or consignee.

[1655–11.]

SECTION 1129. Forthcoming bond. – The Insular Collector of Customs may deliver to the consignee such goods pending examination and decision in the matter, on execution of a penal bond for the amount of the full invoice value of such goods, together with the duty thereon, and on refusal to return such goods for any cause to the custody of the Insular Collector of Customs, when demanded, for any lawful purpose, said consignee shall forfeit the amount of the bond.

[1655–11.]

CHAPTER 38

Bureau of Quarantine Service

SECTION 1130. Administration of Bureau of Quarantine Service. – The Bureau of Quarantine Service shall be administered under the direction of the United States Public Health Service.

[2657–936.]

SECTION 1131. Chief quarantine officer of (Philippine Islands) Philippines. – The medical officer detailed as quarantine officer at the port of Manila shall be the chief quarantine officer for the (Philippine Islands) Philippines. He shall have power to make appointments and removals from the Bureau of Quarantine Service, subject to the approval of the Secretary of the Treasury of the United States, and to authorize the necessary expenditures for said Bureau, under such regulations as the said Secretary of the Treasury may prescribe.

[2657–937.]

SECTION 1132. Jurisdiction of Bureau of Quarantine Service over incoming and outgoing vessels. – The examination in ports of the (Philippine Islands) Philippines of incoming and outgoing vessels and the necessary surveillance over their sanitary condition, as well as of cargo, passengers, crew, and of all personal effects, and the issuing of quarantine certificates and bill of health, shall be vested in and be conducted by the Bureau of Quarantine Service.

Quarantine officers shall have authority over incoming vessels, their wharfage and anchorage, so far as is necessary for the proper enforcement of these regulations, including vessels of the Army transport service and noncombatant vessels of the Navy.

[2657–938.]

SECTION 1133. Bills of health for outgoing vessels. – The master of any vessel leaving any port in the (Philippine Islands) Philippines for a port in the United States or in any of its territory shall obtain a bill of health from the proper quarantine officer in the (Philippine Islands) Philippines.

A bill of health shall not be given to an outgoing vessel unless all quarantine regulations have been complied with. At ports where no quarantine officer is detailed bills of health shall be signed by the collector of customs.

[2657–939.]

SECTION 1134. United States quarantine regulations effective in Bureau of Quarantine Service. – The regulations for the Government of the United States Public Health Service shall, so far as practicable, have force and effect in the management of the Bureau of Quarantine Service in the (Philippine Islands) Philippines.

[2657–940.]

SECTION 1135. Quarantine laws enacted by Congress given full effect in (Philippine Islands) Philippines. – The provisions of the Act of Congress approved February fifteenth, eighteen hundred and ninety-three, entitled “An Act granting additional quarantine powers and imposing additional duties upon the Marine Hospital Service,” and all subsequent Acts of Congress on the same subject and amendatory thereof, and all rules and regulations heretofore or hereafter prescribed by the Secretary of the Treasury of the United States under such Acts, shall be given full force and effect in the (Philippine Islands) Philippines, so far as applicable.

[2657–941.]

SECTION 1136. Construction and repair work. – The Bureau of Quarantine Service shall have authority to conduct the construction and repair work at the quarantine stations without the intervention of the Bureau of Public Works.

[2657–942.]

CHAPTER 39

Bureau of Customs

PRELIMINARY ARTICLE

Title of Chapter

SECTION 1137. Title of chapter. – This chapter shall be known as the Customs Law.

[2657–1310.]

ARTICLE I

Organization and Powers of Bureau

SECTION 1138. Chief officials of Bureau of Customs. – The Bureau of Customs shall have one chief and one assistant chief, to be known respectively as the Insular Collector of Customs and the Insular Deputy Collector of Customs.

[2657–1311.]

SECTION 1139. General jurisdiction of Bureau. – The general duties, powers, and jurisdiction of the Bureau of Customs shall include:

(a) The admeasurement, registration, documenting, and licensing of vessels built or owned in the (Philippine Islands) Philippines, the recording of sales, transfers, and incumbrances of such vessels, and the performance of all the duties pertaining to commercial register.

(b) The general supervision, control, and regulation of the coastwise trade; and the regulation and licensing of vessels engaged in the coastwise trade and in the carrying or towing of passengers and freight in the bays and rivers of the (Philippine Islands) Philippines.

(c) The prohibition and suppression of unnecessary noises, such as explosions of gasoline engines, the excessive sounding of whistles or sirens, and other needless and disturbing sounds made by water craft in the ports of the (Philippine Islands) Philippines or in parts of rivers included in such parts.

(d) The exclusion, if the conditions of traffic should at any time so require, of vessels of more than one hundred and fifty tons from entering, berthing, or mooring in the Pasig River for any other purpose than to obtain necessary repairs not procurable in Manila Bay.

(e) The examination and licensing of marine officers to be carried on Philippine vessels; the determination of the qualifications of pilots, the regulation of their service, and the fixing of the fees which they may charge.

(f) The supervision and control over the entrance and clearance of vessels, whether engaged in domestic or foreign commerce; the inspection of Philippine vessels, and supervision over the safety and sanitation of such vessels.

(g) The enforcement of the customs laws and other laws of the United States or (Philippine Islands) the Philippines relating to customs, commerce, navigation, immigration, and Chinese exclusion in and for (said Islands) the Philippines, and the enforcement of the lawful quarantine regulations for vessels entering Philippine ports.

(h) The collecting or securing of the lawful revenues from dutiable merchandise and from tonnage dues and wharf charges; the collection or securing of all other dues, fees, fines, and penalties accruing under the customs laws; and the prevention and suppression of smuggling and other frauds upon the customs.

(i) The supervision and control over the handling of foreign mails arriving in the (Islands) Philippines, for the purpose of the collection of the lawful duty on dutiable articles thus imported and the prevention of smuggling through the medium of such mails.

(j) The construction, repair, maintenance, and operation of vessels belonging to or under control of the Bureau; the maintenance, lighting, inspection, and superintendence of lighthouses; and the care and maintenance of buoys, beacons, lightships, navigation marks, and their appurtenances, and general superintendence over interisland water transportation.

(k) The maintenance and enforcement in the (Philippine Islands) Philippines of the laws and treaties of the United States concerning commercial intercourse and immigration; the shipping, protection, and care of merchant seamen; the effecting of the return of deserting American seamen to the United States; the exclusion of stowaways arriving in the (Philippine Islands) Philippines and the arrest, detention, and deportation of such as unlawfully disembark therein; and the supplying of subsistence and giving of aid to shipwrecked sailors or other persons in distress, in conformity with maritime usage.

[2657–1312.]

SECTION 1140. Enforcement of port regulations of (Philippine Health Service) Bureau of Health. – Customs officers and employees shall cooperate with the health authorities in the enforcement of the port quarantine regulations promulgated by the (Philippine Health Service) Bureau of Health and shall give effect to the same in so far as they are connected with matters of shipping and navigation.

[2657–1313.]

SECTION 1141. Territorial jurisdiction of Bureau of Customs. – For the due and effective exercise of the powers confided by law in the Bureau of Customs, and to the extent requisite therefor, said Bureau shall have the right of supervision and police authority over all seas within the jurisdiction of the Government of the (Philippine Islands) Commonwealth of the Philippines and over all coasts, ports, harbors, bays, rivers, and inland waters navigable from the sea.

When a vessel becomes subject to seizure by reason of an act done in Philippine waters in violation of the customs laws, a pursuit of such vessel begun within the jurisdictional waters may continue beyond the maritime zone, and the vessels may be seized on the high sea. Imported merchandise which may be subject to seizure for violation of the customs laws may be followed in its transportation in the (Islands) Philippines by land or water, and such jurisdiction exerted over it at any place therein as may be necessary for the due enforcement of the law.

[2657–1314.]

SECTION 1142. Jurisdiction of Bureau of Customs over premises used for customs purposes. – The Bureau of Customs shall have the exclusive control, direction, and management of customhouses, warehouses, offices, wharves, and other premises used for customs purposes in the respective ports of entry, in all cases without prejudice to the general police powers of the municipality wherein such premises are situated.

[2657–1315.]

SECTION 1143. Jurisdiction of Bureau of Customs in Cavite Harbor. – The control vested by law in the rear admiral of the United States Navy having police supervision over Cavite Harbor and the berthing of vessels therein shall not affect or diminish the authority of the Insular Collector to take, with respect to vessels in said harbor, any step authorized by law for the protection of the customs revenues or the enforcement of the immigration and Chinese exclusion laws.

[2657–1316.]

SECTION 1144. Power of (Governor-General) President of the Philippines to subject premises to jurisdiction of Bureau of Customs. – When any public wharf, landing place, street, or land, not previously under the jurisdiction of the Bureau of Customs, in any port of entry, is necessary or desirable for any proper customs purpose, the (Governor General) President of the Philippines may, by executive order, declare such premises to be under the jurisdiction of the Bureau of Customs, and thereafter the authority of such Bureau in respect thereto shall be fully effective.

[2657-1317.]

SECTION 1145. Power of (Governor-General) President of the Philippines to open and close subports and coastwise ports. – Subports of entry may be opened or closed by executive order, in the discretion of the (Governor-General) President of the Philippines. When a port is closed its existing personnel shall be thereby abolished.

The (Governor-General) President of the Philippines may in like manner temporarily close any port or place in the (Philippine Islands) Philippines to the coastwise trade, and afterwards reopen the same.

[2657–1318.]

SECTION 1146. Designation of official as customs inspector. – At a coastwise port where no customs officer or employee is regularly stationed the Insular Collector of Customs may designate any (Insular) National, provincial, or municipal official of the port to act as an inspector of customs for the purpose of enforcing the laws and regulations of the Bureau of Customs in the particular port; but all such designations shall be made with the consent of the (Governor-General) President of the Philippines or proper Department Head of the official so designated.

[2657–1319.]

SECTION 1147. Authority of officer to administer oaths and take testimony. – The Insular Collector, the Insular Deputy Collector, collectors of customs and their deputies, surveyors, appraisers, members of the board of protests and appeals, and any other person thereunto especially deputed by the collector of customs shall have authority to administer oaths and take testimony in the transaction of official business within the jurisdiction of the Bureau of Customs, and in connection therewith may require the production of relevant papers, documents, books, and records in accordance with law.

[2657–1320.]

SECTION 1148. General bonds. – In cases where bonds are required to be given under the provisions of the customs laws, the Insular Collector, instead of requiring separate special bonds where the transactions of a particular party are numerous, may accept general bonds extending over such periods of time and covering such transactions of the party in question as shall to said Collector seem proper.

[2657–1321.]

SECTION 1149. Breach of bond. – Upon breach of any bond given under the authority of the customs laws, the collector of customs, with approval of the Department Head, may accept in satisfaction thereof a smaller sum than that mentioned in the penalty of the bond, but in no case less than the amount necessary to indemnify the Government for the damage occasioned by such breach.

[2657–1322.]

SECTION 1150. Returns of commerce, navigation, and immigration. – The annual report of the Insular Collector shall, among other things, contain a compilation of the returns of the commerce, navigation, and immigration of the (Islands) Philippines for the preceding year.

[2657–1323.]

ARTICLE II

Collection Districts and Ports of Entry

SECTION 1151. Collection districts and ports of entry thereof . – For administrative purposes, the Philippines shall be divided into twelve collection districts, the respective limits of which may be changed from time to time in the discretion of the collector of customs; but the Provinces of Pangasinan and La Union shall belong to the district of Pangasinan, with Sual as its port of entry, and the Province of Tayabas to the district of Tayabas, with Hondagua as its port of entry. The principal ports of entry for the respective collection districts shall be Manila, Sual, Tabaco, Legaspi, Pulupandan, Iloilo, Cebu, Zamboanga, Jolo, Hondagua, Jose Panganiban (formerly Mambulao), and Aparri.

[2657–1324; 3106–1; C.A. 175–1.]

SECTION 1152. Collector of customs at port of entry. – At each principal port of entry there shall be a collector of customs who, under the supervision and control of the Insular Collector, shall be the official head of the customs service in his port and district and shall there exercise the functions of captain of the port.

At Manila the Insular Collector and the Insular Deputy Collector shall respectively discharge the duties of collector of customs and deputy collector of customs for the said port.

[2657–1325.]

SECTION 1153. Seal of collector of customs. – In the office of the collector of customs of a collection district shall be kept a seal of such design as the Insular Collector shall prescribe, with which shall be sealed all documents and records requiring authentication in such office.

[2657–1326.]

SECTION 1154. Port regulations. – A collector of customs may prescribe local administrative regulations, not inconsistent with law or the general Bureau regulations, for the government of his port or district, the same to be effective upon approval by the Insular Collector.

[2657–1327.]

SECTION 1155. Performance of consular duties. – For the accomplishment of the laws of the United States, a collector of customs shall perform in his district the duties relative to seamen, vessels, clearances, and similar matters, which under the laws of the United States devolve on American consuls or consular officers; and he shall collect for such services the fees allowed under the United States laws, when the same have been approved and declared applicable in the (Philippine Islands) Philippines by the Insular Collector of Customs.

[2557–1328.]

SECTION 1156. Authority of collector to remit duties. – A collector of customs shall have discretionary authority to remit the assessment and collection of customs duties when such duties amount to less than two pesos; and he may dispense with the seizure of merchandise of less than two pesos in value except in cases of prohibited importations or the habitual or intentional violation of the revenue laws.

[2657–1329.]

SECTION 1157. Supervision over customs and immigration brokers. – Customs and immigration brokers shall in the exercise of their duties as such be subject to the supervision of the collector of customs; and no person shall do business as a customs or immigration broker except after obtaining a license from the collector of customs of the port authorizing him to engage in such occupation. Any license so granted may be canceled by the collector for cause.

[2657–1330.]

SECTION 1158. Supervision over attorneys in fact. – Persons acting as agents or attorney in fact for others in matters pertaining to customs, immigration, or navigation may be required to lodge their respective powers of attorney with the collector of customs of the port. No more than two such continuing powers may be accepted or recognized from any one person acting as agent in the importation of merchandise unless he be a licensed customs broker.

[2657–1331.]

SECTION 1159. Authority of deputy collector of customs. – A deputy collector of customs at a principal port of entry may, in the name of the collector and subject to his supervision and control, perform any particular act which might be done by the collector himself; at subports a deputy collector may, in his own name, exercise the general powers of a collector, subject to the supervision and control of the collector of the principal port.

[2657–1332.]

SECTION 1160. Appointment of special deputies with limited powers. – Collectors of customs may, with the approval of the Insular Collector, appoint from their force such number of special deputies as may be necessary for the proper conduct of the public business, with authority to sign such documents and perform such services as may be specified in writing.

[2657–1333.]

SECTION 1161. Succession of deputy collector to position of acting collector. – In the absence or disability of a collector of customs at any other port than Manila, or in case of a vacancy in his office, the temporary discharge of his duties shall devolve upon the deputy collector of the port. Where no deputy collector is available, an officer to serve in such contingency may be designated in writing by the collector of customs from his own force. The collector of customs making such designation shall report the same without delay to the Insular Collector and the (Insular) Auditor General, forwarding to them the signature of the person so designated.

[2657–1334.]

SECTION 1162. Assignment of customs employees to overtime work. – Customs employees may be assigned by a collector to do overtime work at rates fixed by the Insular Collector, when the service rendered is to be paid for by importers, shippers, or other persons served.

[2657–1335.]

SECTION 1163. Compensation of private appraisers. – When persons, not Government employees, are employed by a collector of customs to appraise property or report upon its character or value, they may be paid compensation in an amount, to be determined by the Insular Collector, not exceeding ten pesos for each day during the period necessarily employed in such service.

[2657–1336.]

SECTION 1164. Records to be kept by customs officers. – Collectors of customs, deputy collectors, surveyors, and other customs officers acting in such capacities are required to keep true, correct, and permanent records of their official transactions, to submit the same to the inspection of authorized officers at all times, and to turn over all records and official papers to their successors or other authorized officers.

[2657–1337.]

SECTION 1165. Reports to Insular Collector. – A collector of customs shall make report to the Insular Collector from time to time concerning prospective or newly begun litigation in his district touching matters relating to the customs service; and he shall, in such form and detail as shall be required by the Insular Collector, make regular monthly reports of all transactions in his port and district.

[2657–1338.]

ARTICLE III

Registration and Inspection of Vessels

SECTION 1166. Registration and documentation of vessels. – The Bureau of Customs is vested with exclusive authority over the registration and documentation of Philippine vessels. By it shall be kept and preserved the records of registration and of transfers and incumbrances of vessels; and by it shall be issued all certificates, licenses, or other documents incident to registration and documentation, or otherwise requisite for Philippine vessels.

[2657–1339.]

SECTION 1167. Vessels required to be registered. – Every vessel of more than three tons gross used in Philippines waters, not being a transient of foreign register, shall be registered in the Bureau of Customs. To this end it shall be the duty of the master, owner, or agent of every such vessel to make application to the proper collector of customs for the registration thereof within fifteen days after the vessel becomes subject to such registration.

[2657–1340.]

SECTION 1168. Where registration to be effected. – The registration of a vessel shall be effected at its home port, being a port of entry, or at the port of entry of the district of the vessel’s home port.

[2657–1341.]

SECTION 1169. Exemption of small boats. – A vessel of three tons gross or less shall not be registered, unless the owner shall so desire, nor shall documents or licenses of any kind be required for such vessel, but the proper fee shall be charged for admeasurement, when admeasurement is necessary.

[2657–1342.]

SECTION 1170. Data to be noted in register of vessels. – In the register of vessels, to be kept at each port of entry, the following facts concerning each vessel there registered shall be noted in such form and detail as the Insular Collector shall prescribe:

(a) Name of vessel.

(b) Rig of vessel.

(c) Material of hull.

(d) Principal dimensions.

(e) Gross tonnage.

(f) Net tonnage.

(g) Where built.

(h) Year when built.

(i) Name, citizenship, nationality, and residence of owner.

(j) Date of issuance of certificate of Philippine register.

(k) Any material change of condition in respect to any of the preceding items.

(l) Any other fact, required to be there noted by the regulations of the Bureau of Customs.

[2657–1343.]

SECTION 1171. Record of documents affecting title. – In the record of transfers and incumbrances of vessels, to be kept at each principal port of entry, shall be recorded at length all transfers, bills of sale, mortgages, liens, or other documents which evidence ownership or directly or indirectly affect the title of registered vessels, and therein shall be recorded all receipts, certificates, or acknowledgments canceling or satisfying, in whole or in part, any such obligations. No other record of any such document or paper shall be required than such as is affected hereunder.

[2657–1344.]

SECTION 1172. Certificate of Philippine register. – Upon registration of a vessel of domestic ownership, and of more than fifteen tons gross, a certificate of Philippine register shall be issued for it. If the vessel is of domestic ownership and of fifteen tons gross or less the taking of the certificate of Philippine register shall be optional with the owner.

“Domestic ownership,” as used in this section, means ownership vested in some one or more of the following classes of persons: (a) Citizens of the (Philippine Islands) Philippines; (b) citizens of the United States residing in the (Philippine Islands) Philippines; (c) any corporation or company composed wholly of citizens of the United States or of the (Philippine Islands) Philippines, or of both, created under the laws of the United States, or of any State thereof, or of the (Philippine Islands) Philippines, provided some duly authorized officer thereof, or the agent, master or administrator of the vessel resides in the (Philippine Islands) Philippines; (d) any corporation or company created under the laws of the United States, or of any State thereof, or of the (Philippine Islands) Philippines, duly authorized to engage in business in the (Philippine Islands) Philippines, provided seventy-five per centum at least of the capital stock thereof or of any interest in said capital is wholly owned by citizens of the (Philippine Islands) Philippines, or of the United States, or of both, and provided some duly authorized officer thereof, or the agent, master or administrator of the vessel resides is the (Philippine Islands) Philippines; (e) any corporation or company created under the laws of the United States, or of any State thereof, or of the (Philippine Islands) Philippines, provided some duly authorized officer thereof, or the agent, master or administrator of the vessel resides in the (Philippine Islands) Philippines: Provided, That the certificate of Philippine register issued to a vessel because the owner thereof comes under the provisions of this subsection (e), shall extend to the vessel the privilege of engaging only in the foreign or high-sea commerce, but not in the Philippine coastwise trade.

Any vessel of more than fifteen tons gross which on February eight, nineteen hundred and eighteen, had a certificate of Philippine register under existing law, shall likewise be deemed a vessel of domestic ownership so long as there shall not be any change in the ownership nor any transfer of stock of the companies or corporations owning such vessel to persons who are not citizens of the (Philippine Islands) Philippines or of the United States, and if any such vessel should have been, during this year, or should be, hereafter, totally lost through shipwreck, collision or any other marine disaster, while being lawfully operated under the provisions hereof, it may be replaced with another vessel of the same or lesser tonnage by the same person, company, or corporation owning and operating same by virtue of this section, under such terms and conditions as may be prescribed by the Collector of Customs consistent with public policy and with the view of its utility for Government service in case of war or any public emergency.

Under the terms of this Act, no corporation, firm or company shall be considered as of domestic ownership for the coastwise trade unless the president or managing directors thereof are citizens of the United States or of the (Philippine Islands) Philippines: Provided, however, That in the case of a corporation, association, firm or company operating any vessel in the coastwise trade, the controlling interest or capital stock held by citizens of the United States or of the (Philippine Islands) Philippines, or both, shall be seventy-five per centum of the capital investment in the same: Provided, further, That the controlling interest in the corporation shall not be considered as held by citizens of the United States or of the (Philippine Islands) Philippines: (a) If the majority of the stock is not held by such citizens and such stock is not subject to any trust or fiduciary obligation in favor of any person not a citizen of the United States or of the (Philippine Islands) Philippines; (b) if the majority of the votes in said corporation is not in the hands of citizens of the United States or of the (Philippine Islands) Philippines; (c) if by means of a contract or agreement, it has been so arranged that the majority of the stock can be voted directly or indirectly in favor of any person not a citizen of the United States or of the (Philippine Islands) Philippines; (d) if by any other means, the control of the corporation is conferred upon or allowed to be exercised by any person not a citizen of the United States or of the (Philippine Islands) Philippines.

It shall not be considered that seventy-five per centum of the interest in a corporation are held by citizens of the United States or of the (Philippine Islands) Philippines: (a) If the certificates of seventy-five per centum of the capital stock are not held by such citizens and such certificates are not subject to some trust or other fiduciary obligation in favor of a person not a citizen of the United States or the (Philippine Islands) Philippines; (b) if seventy-five per centum of the votes of said corporation are not in the hands of citizens of the United States or of the (Philippine Islands) Philippines; (c) if by means of some contract or agreement it has been so arranged that over twenty-five per centum of the stock in such corporation or company can be voted directly or indirectly in favor of any person not a citizen of the United States or the (Philippine Islands) Philippines; (d) if by any other means, the control of any interest in the corporation in excess of twenty-five per centum has been conferred upon or is allowed to be exercised by any person not a citizen of the United States or the (Philippine Islands) Philippines.

The provisions of this Act shall be applicable to the administrator and trustees of all persons coming under the provisions of this Act and to the successors or assigns of such persons.

[2657–1345; 2761–1; 2912–1; 3084–1; C.A. 196–1.]

SECTION 1173. Certificate of ownership. – Upon registration of a vessel of more than five tons gross, a certificate of ownership shall be issued for it, if the vessel does not take a certificate of Philippine register. If such vessel is of five tons gross or less, the taking of a certificate of ownership shall be optional with the owner.

[2657–1346.]

SECTION 1174. Form and recitals of certificate of Philippine register. – The certificate of Philippine register shall be in such form as shall be prescribed by the Insular Collector, and it shall show that the vessel is engaged in legitimate trade and is entitled to the protection and flag of the United States.

[2657–1347.]

SECTION 1175. Privileges conferred by certificate of Philippine register. – A certificate of Philippine register confers upon the vessel the right to engage, consistently with law, in the Philippine coastwise trade and entitles it to the protection of the authorities and flag of the United States in all ports, and on the high seas, and at the same time secures to it the same privileges and subjects it to the same disabilities as under the laws of the United States pertain to foreign-built vessels transferred abroad to citizens of the United States.

[2657–1348.]

SECTION 1176. Investigation into character of vessel. – No application for a certificate of Philippine register shall be approved until the Collector of Customs is satisfied from an inspection of the vessel that it is engaged or destined to be engaged in legitimate trade and that it is of domestic ownership as such ownership is defined in section eleven hundred and seventy-two of this Code.

A Collector may at any time inspect a vessel or examine its owner, master, crew, or passenger in order to ascertain whether the vessel is engaged in legitimate trade and is entitled to have or retain the certificate of Philippine register.

The Collector of Customs may at any time make an administrative investigation as to the ownership or title of any vessel engaged in the coastwise trade and whether such title or ownership is in accordance with the requirements of this Act; and any vessel chartered, sold, transferred, or mortgaged to any person not a citizen of the United States or the (Philippine Islands) Philippines without previous permission of the Insular Collector of Customs or put under foreign register or flag without such permission or operated in violation of any of the provisions of this Act, shall be seized by the Government of the (Philippine Islands) Commonwealth of the Philippines; and any person, corporation, company, or association violating any of the provisions of this Act shall be guilty of a misdemeanor and be punished by a fine of not more than five thousand pesos or imprisonment for not more than five years, or both: Provided, That in the event the person guilty of such violation is a corporation, company or association, the manager or, in his default, the president thereof shall be criminally responsible for such violation.

[2657–1349; 2761–2; 3084–2; 3324–1.]

SECTION 1176-1/4. License of yachts exclusively for pleasure. – The Insular Collector of Customs may license yachts used and employed exclusively as pleasure vessels owned by Filipino or American citizens, on terms which will authorize them to proceed from port to port of the (Philippine Islands) Philippines and to foreign ports without entering or clearing at the customhouse: Provided, however, That any yacht so licensed, upon arriving from a foreign port in the (Philippine Islands) Philippines after having previously advised the Insular Collector of Customs by telegraph of its probable arrival, shall enter at a port of entry in the (Philippine Islands) Philippines and shall immediately report its arrival to the Customs authorities. Such license shall be in such form as the Insular Collector of Customs may prescribe. Such vessels shall have their name and port of registration placed on some conspicuous portion of their hulls. Such vessels shall in all respects be subject to the laws of the (Philippine Islands) Philippines, and shall be liable to seizure and forfeiture for any violation of these provisions.

[3069–1.]

SECTION 1176-1/2. Violation by master or owner. – Any master or owner violating the provisions of the preceding section shall be liable to a fine of from five thousand pesos in addition to any other penalty imposed by law.

[3069–1.]

SECTION 1176-3/4. Identification of yachts and owners. – For the identification of yachts and their owners, a commission to sail for pleasure in any designated yacht owned by a citizen of the (Philippine Islands) Philippines or of the United States designating the particular cruise may be issued by the Insular Collector of Customs and shall be a token of credit to any Filipino official and to the authorities of any foreign power. All such licensed yachts shall use a signal of the form, size, and colors prescribed by the Insular Collector of Customs.

[3069–1.]

SECTION 1177. Report of accident to vessel. – When any Philippine vessel of more than three tons gross sustains or causes any accident involving loss of life, material loss of property, or serious injury to any person, or receives any damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel shall, by the first available mail, send to the collector of the district within which such vessel belongs or of that within which such accident or damage occurred, a report thereof, stating the name of the vessel, the port to which she belongs, and the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish such other information as shall be called for.

When the managing owner or agent of such vessel has reason to apprehend that it has been lost, he shall promptly send notice in writing to the collector of customs at her home port giving advice of such loss and the probable occasion therefor, stating the name of the vessel and the names of all persons on board, so far as the same can be ascertained, and shall furnish, upon request of the collector, such additional information as shall be required.

[2657–1350.]

SECTION 1178. Application of shipping laws to Government boats. – Vessels owned or operated by the Government shall not be subject to the requirement of this chapter relative to registration and navigation except in so far as prescribed in the regulations of the Bureau of Customs.

[2657–1351.]

SECTION 1179. Revocation of certificate. – When it shall appear to the Insular Collector that any certificate of Philippine register or certificate of ownership was illegally or improperly issued, he may cancel the same.

[2657–1352.]

SECTION 1180. Inspection of hulls boilers, and other constructional features. – In the exercise of the authority confided in the Bureau of Customs over the coastwise trade and over Philippine vessels and shipping generally, it shall be the duty of the Insular Collector to cause adequate technical inspections to be made from time to time and as occasion may require of the hulls, engines, boilers, and other mechanical and constructional features of all Philippine vessels and all steam vessels of foreign or private ownership navigating in any waters of the (Philippine Islands) Philippines, on common trade routes open to general or competitive navigation, and carrying passengers from any port of the (Philippine Islands) Philippines to any other place or country and to fix the standards which must be attained in respect thereto: Provided, however, That the following vessels shall not be subjected to any inspection other than that required to convince the local inspectors that the condition of the vessels, its boilers and life-saving equipment are as stated in the current certificate of inspection: (a) passenger steamers of the United States having unexpired inspection certificates issued by competent authorities of said country; (b) passenger steamers belonging to other countries having inspection laws resembling those of the (Philippine Islands) Philippines, if the laws of said countries grant to Philippine steamships visiting said countries privileges identical to those granted to steamships of said countries visiting the (Philippine Islands) Philippines, but not otherwise. The hulls, engines, and boilers of all steam vessels engaged in coastwise traffic shall be inspected at least once a year, or in case of the hull of a wooden vessel, at least once every two years.

[2657–1353; 3479–1.]

SECTION 1181. Inspection certificate. – Upon the inspection of any vessel as aforesaid, a certificate of inspection shall be issued, if the inspected vessel shall be found to conform with the requirements applicable to it: Provided, That Philippine vessels arriving from foreign countries with unexpired certificates of inspection issued by examiners of Lloyd’s Bureau Veritas, American Bureau of Shipping, British Corporation, United States Steamboat Inspection Service and vised by a United States consul, vice-consul, or consular agent in the performance of his official duties in the country or place where issued, shall likewise be entitled to have an inspection certificate issued to them. Said vessels shall not be subjected to any inspection other than that required to convince the local inspectors that the condition of the vessel, its boilers and life-saving equipment are as stated in the current certificate of inspection. A vessel inspected and certified in this manner or in the manner prescribed in the preceding section shall be permitted to operate for the length of time stated in the certificate, under the conditions imposed by the collector of customs of the district, with the approval of the Insular Collector.

[2657–1354; 3478–1; 3722–1.]

SECTION 1182. Sanitary inspection. – It shall be incumbent upon the Insular Collector to provide an adequate system of sanitary inspection for Philippine vessels. To this end a sanitary inspector map be appointed for the port of Manila. At the other respective ports the function of sanitary inspector may be exercised by the surveyor or other official thereunto deputed by the collector of customs. It shall be the duty of the sanitary inspector by personal examination to ascertain the sanitary condition of vessels subject to inspection by him and to see that the sanitary regulations of the Bureau of Customs are fully complied with; and a clearance shall not be granted to any such vessel until the sanitary inspector shall so certify.

[2657–1355.]

SECTION 1183. Fire-apparatus and life-saving equipment. – The regulations of the Bureau of Customs shall prescribe the mechanical equipment and fire-apparatus to be carried on Philippine vessels for the purpose of preventing and extinguishing fires.

Such vessels shall also be required to carry life-saving equipment, consisting of boats, life-preservers, and other devices, to be prescribed by regulation, sufficient for the preservation of the passengers and crew in cases of emergency; and provision shall be made for adequate means of utilizing such equipment.

[2657–1356.]

ARTICLE IV

Board of Marine Examiners

SECTION 1184. Organization of the Board of Marine Examiners. – There shall be maintained in the Bureau of Customs at Manila an Office of Marine Examiners which shall be occupied and used by the Board of Marine Examiners for Deck Officers and the Board of Examiners for Engineer Officers. The former shall consist of three master mariners one of whom may be of the Government service, and the of three chief engineers, one of whom may be of the Government service. The members of the two boards above mentioned shall be appointed by the Secretary of Finance at the recommendation of the Insular Collector of Customs, within not more than one month before each call and shall automatically cease upon submission of their certified report, under oath, of the result of the examination.

Subject to the approval of the Secretary of Finance, the Insular Collector of Customs may appoint a special Board of Marine Examiners consisting of three members who shall belong to the classified service of the Government and be master mariners or chief engineers with certificates duly issued, to conduct the examinations or tests of candidates for certificates as patron or bay, river and lake engineer, and to perform the functions of the regular Board of Marine Examiners in connection with said examinations in the ports or places designated by the Insular Collector of Customs, whenever the public interest may require it and when none of the regular boards for deck officers or engineer officers, as the case may be, is regularly appointed and sitting. The members of said Special Board of Marine Examiners shall act as such without additional compensation. Two members of any of the Boards of Marine Examiners, regular or special, mentioned in this Act shall constitute a quorum for the transaction of business. The Insular Collector of Customs shall appoint an officer or employee of the Bureau of Customs to act as secretary of the Board of Marine Examiners. It shall be the duty of the secretary to record, take charge of, and keep all proceedings, documents, and other papers of the several Boards of Marine Examiners, the creation of which is authorized in this section, to pass upon application for marine examinations and to perform such other duties as the Insular Collector of Customs may prescribe in connection with marine examinations other than as a marine examiner.

[2507–1; 2614–1; 2852–1; 3177–1; 3426–1; 3993–1; see Act 4007–10.]

SECTION 1185. Functions of the boards. – It shall be the duty of said Boards of Marine Examiners to conduct marine examinations of persons applying for certificates as deck or engineer officers under the provisions hereof, to impose or measures in connection with such examinations as may be necessary, and to certify under oath to the Insular Collector of Customs the successful candidates in such examinations for certificate as master, mate, marine engineer, motor engineer, or patron, as the case may be.

[2507–2; 3177–2; 3426–2; 3993–2; see Act 4007–10.]

SECTION 1186. Qualifications of applicant. – An applicant for certificate or license as master, mate, engineer or patrol shall be:

(a) A citizen of the (Philippine Islands) Philippines;

(b) A citizen of the United States; or

(c) An honorably discharged soldier, sailor or marine of the United States.

[2507–4.]

SECTION 1187. Physical examination. – An applicant shall be examined physically by a competent physician selected by the board and unless found to be physically sound shall not be entitled to take examination.

[2507–5.]

SECTION 1188. Reexamination of person reported unsound. – Any person reported to be physically unsound upon any examination conducted pursuant to the provisions of this article may, if he so desires, be examined a second time at his own expense, and by another physician, upon request directed by him to the Department Head, through the Insular Collector of Customs. In such case the physician to make the examination shall be designated by the Department Head.

[2507–5.]

SECTION 1189. Examination into moral and technical qualifications of applicants. – Except as otherwise specially provided, an applicant for a marine certificate shall be required to undergo a technical examination on the subject hereinafter stated. To obtain a certificate he must show a proficiency in the subjects upon which he is examined and shall answer correctly at least seventy-five per cent of the questions propounded to him. It shall be the duty of the Board of Marine Examiners to make a thorough inquiry into the character of the applicant and to consider the evidence he presents in support of his application and such other relevant evidence as the Board shall deem proper. In this connection the Board may consider the statement, written or oral, of any person cognizant of the qualifications of the applicant, and may, in its discretion, require the production of the ships’ journals and logbooks for inspection.

The Board of Examiners for deck officers in examining an applicant for a certificate as master or mate shall inquire into his character and habits, his knowledge of seamanship and navigation in its various branches, his capacity and skill in the loading and unloading of ships, and in handling and stowing freight, and all other knowledge which the Boards believe he should possess in order to properly perform his duties as master or mate.

An applicant for the certificate as patron in the major coastwise trade shall prove to the satisfaction of the Board that he possesses the knowledge necessary for navigating in all the Philippine seas.

An applicant for certificate as patron in the limited coastwise trade shall be required to show to the Board that he possesses practical knowledge for navigating on the limited waters for which he requests a certificate.

An applicant for admission to the examination as patron for harbor, bay, lake, and river shall produce to the Board evidence, satisfactory to it, showing that he possesses the knowledge necessary for navigating in the harbor, bay, lake, and river for which he seeks a certificate.

The Boards of Examiners for engineer officers in examining an applicant for a certificate as marine engineer shall inquire into his theoretical and practical knowledge of the operation and repair of all classes of marine machinery; also into his practical experience, character and habits, and the Board may, in its discretion, make such practical tests and examination of the applicant as it may deem necessary to demonstrate his fitness for the position for which he seeks a certificate.

The Board in examining an applicant for certificate as motor engineer shall inquire into his theoretical and practical knowledge in the operation and repair of internal combustion engines, his practical experience, character, and habits as the Board may believe that he should possess in order to properly perform his duties as such motor engineer.

The examinations shall be theoretical and practical for masters, mates, marine engineers, motor engineers, and major patrons, and practical only for minor patrons, bay, river, and lake patrons, and bay, river, and lake motor engineers. The theoretical examinations shall be made in writing. Practical examinations may be made orally. There shall be an extensive permanent schedule of subjects prepared for each certificate, which shall not be modified or extended within six months immediately before the holding of such examination. The examination papers shall not be signed and the authors thereof shall be identified by means of slips enclosed in envelopes which shall not be opened until after the ratings have been given. In order to determine the general average of each candidate such oral examination as in the opinion of the Boards may be necessary shall be conducted in the presence of all the members of the corresponding Board, but no rating above twenty per cent shall be given to any oral examination. The schedule and regulations by which marine examinations are to be governed shall be promulgated by the Secretary of Finance, and for this purpose he shall from time to time as may be necessary and convenient appoint a committee to study, revise, and prepare such schedule and regulations. There shall be held in the port of Manila a marine examination in the month of January of every year, and the Secretary of Finance may, whenever deemed necessary in his discretion, order the holding of marine examinations, not more than once every year, in the ports of Cebu or Iloilo by Boards of Marine Examiners appointed and constituted in accordance with section eleven hundred and eighty-four of Act Numbered Twenty-seven hundred and eleven, known as the-Administrative Code, as amended by Acts Numbered Twenty-eight hundred and fifty-two, Thirty-one hundred and seventy-seven, and Thirty-four hundred and twenty-six.

[2507–6; 2614–2; 3177–3; 3426–3; 3897–1; see Act 4007–10.]

SECTION 1189-1/2. Examination into technical qualifications of applicants to act as master of yacht. – Whenever the owner of a steam or a sailing yacht, who had reached the age of twenty-one years, and who has had one year’s experience in sailing such vessels, applies for a license authorizing him to act as master of steam yacht for Philippine coastwise and ocean navigation, the Board of Marine Examiners shall examine the applicant as to his knowledge of the rules of the road; for signals and lights; the use of the lead and line; the use of patent and ship logs; the compass, variation and deviation of the compass; the use of the drag; the use of oil during storms; bell signals between pilot house and engine room; handling of steam vessels; law of storms; course and distance by chart; keeping the log book, middle latitude sailing; mercator’s sailing method of obtaining latitude and longitude by deal reckoning; latitude by altitude of either the sun, moon, or stars; longitude by chronometer (time sights). Practical problems should be given in the subject of latitude and longitude. If said examination is satisfactory to the Board of Marine Examiners, they shall recommend to the Insular Collector of Customs the issuance to the applicant of a master’s license, authorizing him to discharge the duties of a master of steam yacht either for coastwise or ocean navigation: Provided, however, That should the applicant demonstrate efficiency in the handling of sailing vessels only the Board of Marine Examiners may recommend the issuance of a license as master of sailing, yachts only; Provided, further, That such license as master of yachts shall not be required for sailing vessels, or sailing vessels with auxiliary motor, of less than one hundred and fifty tons gross.

[3069–2.]

SECTION 1190. Reservation in favor of American officers. – The holder of an unexpired license as master, mate, or engineer of any ocean issued under the laws of the United States shall be entitled to obtain a certificate of the same grade in the (Philippine Islands) Philippines without being subject to the requirements hereinabove specified other than the physical examination and the payment of the required fees.

[2614–2; 3426–4.]

SECTION 1191. Qualifications required of candidates for master, mate, and patron. – Besides the physical examination and other evidence relative to habits and character herein required, candidates for master, mate, and patron, shall have the following qualifications:

(a) Master: An applicant for a certificate as master shall be not less than twenty-five years of age at the time of filing his application, and shall produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing vessel in the capacity of first mate with a certificate as such for at least two years, one year of which shall be on vessels of five hundred gross tons or over.

(b) First mate: An applicant for a certificate as first mate shall produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing vessel in the capacity of second mate, with a certificate as such, for at least one year.

(c) Second mate: An applicant for certificate as second mate shall produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing vessel in the capacity of third mate, with a certificate as such, for at least one year.

(d) Third mate: An applicant for a certificate as third mate shall be not less than nineteen years of age and shall produce a certificate of graduation from the Philippine Nautical School or from any other officially recognized nautical school after having completed the second year high school or its equivalent, and shall further be required to present to the Board evidence, satisfactory to it, showing that he has served as an apprentice mate, at least eighteen months in a seagoing sailing vessel, or at least twenty-four months in a seagoing steam or motor vessel. Major patrons who on the approval of this Act were acting as masters on vessels of two hundred tons or over may apply for examination for a third mate’s certificate after two years of such service: Provided, That apprentice mates who are actually navigating as such on or prior to the approval of this Act shall be required to present to the Board evidence, satisfactory to it, showing that they have successfully passed the second year high school or its equivalent in any recognized school, and that they have shipped or acted as agregado a piloto for at least two years on a seagoing vessel: Provided, further, That an applicant producing a certificate of graduation from the Philippine Nautical School who has served as agregado a piloto for at least twelve months in a seagoing sailing vessel or at least eighteen months in a seagoing steamer, shall, in order to obtain certificate as third mate, not be required to take a technical examination, but shall be required to undergo a physical examination and produce all other evidence relative to his habits and character, and that this provision shall be applicable to the students of the Nautical School completing their studies at the close of the school year nineteen hundred and twenty-nine.

(e) Patron: In order to be admitted to examination for patron in the major coastwise trade, the applicant shall be at least twenty-five years of age and shall produce to the Board a certificate, satisfactory to it, showing that he has passed the intermediate school or its equivalent in an officially recognized school and that he has navigated in the major coastwise trade as boatswain, quartermaster, sailor, or apprentice mate on a seagoing vessel navigating in the Philippine coastwise trade of not less than two hundred fifty tons gross for a period of at least five years, or that he has navigated as patron or mate in the coastwise trade with a certificate of minor patron for at least three years.

An applicant for admission to the examination for patron in the minor coastwise trade shall be not less than twenty-three years of age and shall produce to the Board evidence, satisfactory to it, showing that he has passed the intermediate school or its equivalent in an officially recognized school and that he has navigated in a coastwise or a highsea vessel of thirty gross tons or over for a period of not less than five years as boatswain or quartermaster or sailor.

An applicant for admission to the examination as patron for harbor, bay, lake, or river shall be at least twenty-three years of age, must know how to read and write English, Spanish or any native dialect, and shall produce to the Board evidence, satisfactory to it, showing that he has navigated on board of a vessel or launch of three gross tons or over for a period of not less than five years as quartermaster or sailor: Provided, That persons who, before the approval of this Act, have served for a total period of not less than four years as patrons on steam or motor vessels of three gross tons or over plying in a harbor, bay, lake, or river without the proper patron’s certificate, and who can read and write English, Spanish or any native dialect, may upon producing a certificate or certificates to that effect signed by the outfitter or owner or outfitters or owners of such steam or motor vessels and duly acknowledged before a notary public or other persons authorized by law to administer oaths, and after satisfactorily passing a test on marine rules and regulations only, obtain the certificate of minor patron for such harbor, bay, river; or lake.

[2547–7; 2614–3; 3426–5; 3467–1; 3888–1.]

SECTION 1192. Qualifications required of candidates for the certificate as engineer. – Besides the physical examination other evidence relative to moral qualifications herein required, candidates for marine and motor engineers shall have the following qualifications:

Marine engineers:

(a) Chief engineer: An applicant for certificate as chief engineer shall be not less than twenty-five years of age at the time of filing his application and shall be required to produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing steamer in the capacity of second engineer, with a certificate as such, for at least two years.

(b) Second engineer: An applicant for certificate as second engineer shall be required to produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing steamer in the capacity of third engineer, with a certificate as such for at least one year.

(c) Third engineer: An applicant for certificate as third engineer shall be required to produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing steamer in the capacity of fourth engineer, with a certificate as such, for at least one year.

(d) Fourth engineer: An applicant for certificate as fourth engineer shall be at least nineteen years of age at the time of filing his application and shall produce to the Board evidence, satisfactory to it, showing that he has passed the second year high-school course or its equivalent, or has graduated from an officially recognized marine engineers’ school and that he has served at least six months on a seagoing motor vessel and eighteen months on a seagoing steam vessel as apprentice engineer, machinist, or oiler, after having served two years in a marine shop as apprentice or fitter (operario): Provided, That apprentice marine engineers who are actually navigating as such on or prior to the approval of this Act, are required to present to the Board evidence, satisfactory to it, showing that they have passed the primary school or its equivalent in an officially recognized school, and that they have served on steam launches or vessels as agregado, oiler or fireman for at least two years and have worked for two years in a machine shop as operative and they must be at least nineteen years of age.

Motor engineers:

(a) Chief motor engineer: An applicant for certificate as chief motor engineer shall not be less than twenty-five years of age at the time of filing his application and shall produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing vessel in the capacity of second motor engineer with a certificate as such for least two years.

(b) Second motor engineer: An applicant for certificate as second motor engineer shall produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing vessel in the capacity of third motor engineer with a certificate as such for at least one year.

(c) Third motor engineer: An applicant for certificate as third motor engineer shall produce to the Board evidence, satisfactory to it, showing that he has served on a seagoing vessel in the capacity of fourth motor engineer with a certificate as such for at least one year.

(d) Bay, river, and lake motor engineer: An applicant for certificate as bay, river, and lake motor engineer must be at least nineteen years of age, must know how to read and write Spanish, English or any native dialect and shall produce to the Board evidence, satisfactory to it, showing that he has served as oiler, machinist or apprentice motor engineer on a bay, river, or lake motor vessel propelled by internal combustion engine of not less than fivebrake horsepower, for at least two years.

(e) Fourth motor engineer. – An applicant for certificate as fourth motor engineer shall be at least nineteen years of age at the time of filing his application and shall produce to the board, satisfactory evidence, showing that he has served for at least five years, on a seagoing motor vessel as apprentice engineer, machinist, or oiler: Provided, however, That holders of bay, river and lake motor engineers’ certificates who have had two years’ experience as such, may apply for examination for fourth motor engineer’s certificate even if they do not possess the qualifications stated above.

[2507–8; 2614–4; 3177–4; 3426–6; 3556–2; 3888–2.]

SECTION 1192-1/2. Admission fees. – Applicants for marine examinations must pay the following admission fees: For master, chief marine engineer and chief motor engineer, fifteen pesos.

For first mates, second marine and motor engineer and major patrons, ten pesos.

For mates, third and fourth marine and motor engineers and minor patrons, seven pesos and fifty centavos.

For river, bay and lake patrons and motor engineers, five pesos.

[3426–7.]

SECTION 1192-3/4. Examination fees in Cebu and Iloilo. – The admission fees for marine examinations held in Cebu or Iloilo shall be as follows:

Masters, chief marine or motor engineers P25.00
Chief mates, second marine or motor engineers and major patrons 20.00
Second and third mates, third and fourth marine or motor engineers and minor patrons 15.00
Bay and river patrons and bay and river motor engineers 10.00

[3897–2.]

SECTION 1193. Certification of applicant. – If the Board of Marine Examiners shall find that the experience, habits and character of an applicant are such as to warrant the belief that he can safely be entrusted with the duties and responsibilities of the position for which he makes application, and that the applicant has in other respects complied with the requirements hereof, it shall so certify and thereupon issue the appropriate certificate.

[2507–9; 3426–8.]

SECTION 1194. Issuance of certificates. – (a) Candidates for mate and master having passed the requisite examination shall be entitled to have the proper certificate issued to them which will entitle them to navigate in any ocean.

(b) Candidates for patron in the major coastwise trade having passed the requisite examination shall be entitled to have the proper certificates issued to them authorizing them to navigate in the Philippine coastwise trade.

(c) Candidates for patron in the minor coastwise trade having passed the requisite examination shall be entitled to have the proper certificates issued to them which shall authorize them to navigate upon the seas, harbors, bays, rivers, or lakes for which they have shown proficiency and a thorough practical knowledge.

(d) Candidates for marine engineers having passed the requisite examinations shall be entitled to have the proper certificates issued to them which shall authorize them to navigate as such engineers on vessels of any tonnage propelled by any kind of machinery.

(e) Candidates for motor engineers having passed the requisite examinations shall be entitled to have the proper certificate issued to them which shall authorize them to act as such motor engineers on vessels of any tonnage propelled by internal combustion engines.

[2507–10; 2614–5; 3426–9.]

SECTION 1195. Form of certificate. – The several certificates herein provided for shall be issued in the form of diplomas by the Insular Collector of Customs and shall be signed by him and countersigned by the Secretary of Finance, and shall entitle the holders thereof to navigate in accordance with the authority contained in them and shall not be suspended nor revoked except as hereinafter provided.

[2507–12; 2614–7; 3426–10; 3993–3.]

SECTION 1196. Physical examination of holder of certificate. – Once in every five years all holders of marine certificates shall be required to undergo a physical examination to determine their fitness to continue navigating. Any person who upon such examination is found to be physically unfit for the service shall thereafter be disqualified from engaging therein.

[2614–7; 3426–11.]

SECTION 1197. Reinstatements. – Any person who has held the office of captain, mate, master or engineer and whose license or certificate has been revoke on account of physical defects shall be entitled to reinstatement upon the favorable certificate of a physician appointed to make a second examination pursuant to the provisions of section one thousand one hundred and eighty-eight hereof.

[2507–13.]

SECTION 1198. Marine investigation and suspension or revocation of marine certificates. – There shall be maintained in the Bureau of Customs at Manila a Board of Marine Inquiry to consist of five members, to wit: The Surveyor of the Port as chairman ex officio, two master mariners and two chief engineers of the Philippine merchant marine, who shall be appointed by the Secretary of Finance. The members of the board shall receive a per diem of twenty pesos for each day of not less than seven hours of service rendered in connection with marine investigations. Three members present shall constitute a quorum for the transaction of business. In case of inability or absence of the Surveyor of the Port, a temporary chairman may be chosen by the members from among themselves. Such board shall have the power to investigate marine accidents and professional conduct of marine officers, giving the party affected an opportunity to be heard in his defense. The decision of the Insular Collector of Customs based upon the findings and recommendations of the board, reprimanding a licensed marine officer or suspending or revoking any marine certificate on account of professional misconduct, intemperate habits, negligence or incapacity shall be final unless, within thirty days after its promulgation, an appeal is perfected and filed in the Office of the Secretary of Finance who may confirm, revoke, or modify said decision.

Rules and regulations governing the procedure of marine investigations shall be promulgated by the Secretary of Finance.

The Insular Collector of Customs may, with the approval of the Secretary of Finance, authorize collectors of customs to appoint boards for the purpose of investigating marine accidents or charges preferred against marine officers in their respective districts. The proceedings of such investigations together with the findings and recommendations of said board shall be submitted, through the Insular Collector of Customs, to the Board of Marine Inquiry, Manila, for final review and recommendation.

In order to safeguard lives and properties at sea, a collector of customs may withhold clearance of any Philippine vessel whenever he has cogent motives to fear for the mental condition or capacity, whether permanent or otherwise, of her master, mate or engineer under investigation, pending the final decision thereon.

[2507–14; 3177–5; 3426–12; 3583–1; C.A. 293–1.]

SECTION 1199. Duration of licenses to officers of foreign nationality. – Licenses heretofore issued to persons of foreign nationality pursuant to the provisions of Act Numbered Seven hundred and eighty or issued to such persons by the Board of Marine Examiners prior to the fifth day of February, nineteen hundred and sixteen, shall be valid only until six months from and after the enactment of a Philippine citizenship law, unless during said six months their holders have applied for Philippine citizenship in due form.

[2507–15; 2614–8.]

SECTION 1200. Fees for issuance of certificates. – Any person to whom any certificate as master, mate, patron or engineer is issued, upon examination or by way of exchange, shall pay:

For a certificate as master, sixty pesos.

First, second, and third mates, and major patron, forty pesos.

Chief marine engineer, sixty pesos.

Second, third, and fourth marine engineers, forty pesos.

Chief motor engineer, sixty pesos.

Second, third, and fourth motor engineers, forty pesos.

Bay, river and lake motor engineer and patrons, thirty pesos.

[2507–16; 2614–9; 3426–13; 3583–2.]

SECTION 1201. Compensation of members of the Board of Marine Examiners. – The members of the Board of Marine Examiners shall each receive a per diem of twenty pesos for every day of not less than seven hours service rendered in connection with their duties as marine examiners: Provided, That no member shall receive more than one thousand eight hundred pesos for the whole work in connection with each examination.

[2507–17; 2852–2; 3426–14; 3583–3; see Act 4007–10.]

SECTION 1202. Limiting number of foreign personnel on board vessels. – No Philippine vessel operating in the coastwise trade or on the high seas shall be permitted to have on board more than one master or one mate and one engineer who are not citizens of the United States or of the (Philippine Islands) Philippines, but the master, mate or engineer so employed must hold a license under section one thousand one hundred and ninety-nine hereof. No other person who is not a citizen of the United States or of the (Philippine Islands) Philippines shall be an officer or a member of the crew of such vessel. Any such vessel which fails to comply with the terms of this section shall be required to pay an additional tonnage tax of fifty centavos per net ton per month during the continuance of said failure: Provided, That a vessel registered under section eleven hundred and seventy-two of this Code operating on the high seas and not engaged in the coastwise trade may employ foreign seamen as members of its crew except watch and engine-room officers: And provided, further, That nothing herein contained shall be construed as revoking or modifying any of the existing provisions of the Acts of the United States Congress regulating immigration.

[2507–18; 2761–3; 2912–2; 3474–1.]

SECTION 1203. Complement of watch and engine-room officers on Philippine vessels. – Every vessel registered in the (Philippine Islands) Philippines shall have the following officers:

(a) Every steam vessel of fifteen hundred gross tons or over shall have the following watch officers: One master, one first mate, one second mate, and one third mate.

(b) Every steam vessel of five hundred gross tons, but less than fifteen hundred, shall have the following officers: One master, one first mate, and one second mate.

(c) Every steam vessel of two hundred and fifty gross tons, but less than five hundred, shall have the following officers: One master, one first or second mate, and one third mate:

(d) Every vessel of one hundred gross tons, but less than two hundred and fifty, shall have the following officers: One first mate or one patron in the major coastwise trade, who shall have charge of the vessel as master, and one second or third mate or one patron in, the minor coastwise trade, as mate; but when such vessels make runs of more than two hundred miles measured from the point of departure to the last point of call, they shall carry two mates, who may be of the class of third mate or patron in the minor coastwise trade.

(e) Every steam vessel of less than one hundred gross tons shall have the following officers: One patron in the minor coastwise trade who shall have charge of the vessel as master; but when such vessel navigates for more than twenty-four hours from the point of departure until its return thereto, it shall carry a mate who shall be at least a patron in the minor coastwise trade: Provided, That upon written application, the owner or agent of a motor vessel under thirty-five gross tons operating in places where licensed officers are not available, may be permitted by the Insular Collector of Customs, under such condition as the latter may require, to operate such craft without such licensed officers, for a reasonable time, in the discretion of the Insular Collector of Customs: Provided, further, That such permit shall be granted only to vessels under thirty-five gross tons register operating within a radius of not more than one hundred miles from the principal port of operation or home port of the vessel at the risk and responsibility of the operator and owner, and at a distance from shore of not more than six miles.

[3553–1; see Act 3635–2; 4015–1.]

(f) Every steamship of five hundred gross ton or over shall carry, in addition to her complement of watch and engine-room officers established by this article, at least one supercargo or purser whose duty it shall be, under the orders of the master, to receive and deliver the cargo and be responsible therefor, and to perform such other duties as do not require technical nautical knowledge. On steamships required by this article to carry a supercargo, the watch officers shall not be required to render services other than those appertaining to their respective technical branches; and nothing contained in this section shall be construed as preventing mariners from taking an additional mate in lieu of the supercargo above mentioned.

(g) Every sailing vessel or sailing vessel with auxiliary engine of one hundred and fifty gross tons or over, shall carry as officers, one patron in the major coastwise trade, or one first mate, as master, and every sailing vessel of thirty-five gross tons or over, but less than one hundred and fifty gross tons, with or without auxiliary engine, shall be commanded by a patron in the minor coastwise trade.

[3635–1; 3697–1, see also sec. 2.]

(h) Every vessel or steamship engaged in the towing of logs, lumber, bamboo, or of lorchas, lighters, or others, on voyages of more than twelve hours’ duration, shall carry, in addition to the master, a mate, who may be a patron in the minor coastwise trade.

(i) Every steamer making round trips in not more than forty-eight hours, staying all night in port, shall have the following complement of engineers:

Up to one hundred and twenty horsepower, one fourth engineer.

From one hundred and twenty-one horsepower upward, one third and one fourth engineer.

[3139–1.]

(j) Every steamer making rounds trips of more than forty-eight hours, or less, but traveling at night, shall carry the following complement of engineers:

Up to fifty horsepower, three fourth engineers.

From fifty-one horsepower to one hundred and fifty, one third and two fourth engineers.

From one hundred and fifty-one horsepower to two hundred and fifty, one second and two fourth engineers.

From two hundred and fifty-one horsepower to three hundred and fifty, one second, one third, and one fourth engineers.

From three hundred and fifty-one horsepower to one thousand, one chief, one second, and one third engineers.

Every steamer having two or more engines of a combined horsepower of over three hundred and fifty horsepower, shall carry, in addition, a fourth engineer; and it shall be the duty of the engineers included under subsection (i) to attend to the ship’s engines and all its accessories, as well as to the capstan, cargo winches, and fire engines. Every vessel carrying machinery other than that cited shall have one or more additional engineers, in the discretion of the Collector of Customs of the (Philippine Islands) Philippines, and it shall be the duty of the engineers included under subsection (j) to attend to the ship’s engines with all their accessories, as well as to the capstan, cargo winches, servo-motor, electric-light dynamo, and fire engines.

Every vessel equipped with other machinery, such as an ice machine, cold storage plant, distilling apparatus for water, and so forth, shall have one or two additional engineers, in the discretion of the Collector of Customs of the (Philippine Islands) Philippines; and ships the engines whereof shall be of over one thousand horsepower shall, in addition to the engineers required for one thousand horsepower, have such subordinate engine-room personnel, of a rank inferior to that of second engineer, as may, in the discretion of the Collector of Customs of the (Philippine Islands) Philippines, be necessary.

[2507–19; 2614–10.]

(k) Every motor or steam vessel of more than fifteen gross tons but less than one hundred gross tons, operating for pleasure or any purpose other than the transportation of passengers or freight for hire or profit, shall be required to carry not less than one licensed navigator and one licensed engineer. Motor or steam vessels of fifteen gross ton or less shall be exempt from the provisions of this subsection subject to such conditions as the Insular Collector of Customs may require.

[3555–1.]

SECTION 1204. Waters on which patron may navigate. – No person shall be permitted to act as master or mate on any waters other than for which he has been duly licensed as such patron, and no patron shall be permitted to act as master on any vessel of a greater tonnage than for which he is licensed: Provided, That when there are no licensed patrons available, the Insular Collector of Customs may permit other licensed marine officers to act as master or mate on vessels of a tonnage and in waters where, according to the law, vessels must navigate commanded by licensed patrons, for a period not to exceed six months and subject to such conditions as said official may prescribe.

[3976–1.]

ARTICLE V

Coastwise Trade

SECTION 1205. Ports open to coastwise trade. – All ports and places in the (Philippine Islands) Philippines shall be open to vessels lawfully engaged in the coastwise trade, subject to the regulative provisions of law applicable in particular cases.

[2657–1357.]

SECTION 1206. Vessels eligible for coastwise trade. – The right to engage in the Philippine coastwise trade is limited to vessels carrying a certificate of Philippine register.

[2657–1358.]

SECTION 1207. License for coastwise trade. – All vessels engaging in the coastwise trade except boats of five tons gross or less must be duly licensed annually.

[2657–1359.]

SECTION 1208. Philippine coastwise emblem. – Vessels engaged in the Philippine coastwise trade shall fly at the mainmast the Philippine coastwise emblem, consisting of a rectangular white flag with one blue and one red star ranged from staff to tip in the horizontal median line.

[2657–1360.]

SECTION 1209. Transportation of passengers and merchandise between Philippine ports. – Passengers shall not be received at one Philippine port for any other such port by a vessel not licensed for the coastwise trade, except upon special permission previously granted by the Insular Collector; and subject to the same qualification, merchandise embarked at a domestic port shall not be transported by water to any other port in the (Islands) Philippines, either directly or by way of a foreign port, or for any part of the voyage, in any other vessel than one licensed for the coastwise trade.

Passengers or merchandise arriving from abroad upon a foreign vessel may be carried by the same vessel through any port of entry to the port of destination in the (Islands) Philippines without change; and passengers departing from the (Islands) Philippines or merchandise intended for export may be carried in a foreign vessel through a Philippine port without change.

[2657–1361.]

SECTION 1210. Clearance of foreign vessel to and from coastwise ports. – Upon such reasonable conditions as he may impose, the Insular Collector may clear foreign vessels for any open coastwise port and authorize the conveyance therein of either merchandise or passengers brought from abroad upon such vessels; and he may likewise, upon such conditions as he may impose, allow a foreign vessel to embark cargo and passengers at any coastwise port and convey the same upon such vessel to a foreign port.

[2657–1362.]

SECTION 1211. Requirement of manifest in coastwise trade. – Manifests shall be required for cargo and passengers transported from one place or port in the (Islands) Philippines to another only when one or both of such places is a port of entry.

[2657–1363.]

SECTION 1212. Manifest required upon departure from port of entry. – Prior to departure from a port of entry the master of a vessel licensed for the coastwise trade shall make out and subscribe duplicate manifests of the whole of the cargo and all of the passengers taken on board such vessels, specifying in the cargo manifests the marks and numbers of packages, the port of destination, and the names of the consignees, together with such further information as may be required, and in the passenger manifests, the name, sex, age, residence, port of embarkation, and destination of all passengers, together with such further information as may be required. He shall deliver such manifests to the collector, or other customs official duly authorized, before whom he shall swear to the best of his knowledge and belief, in respect to the cargo manifests, that the goods therein described, if foreign, were imported legally and that the duties thereon have been paid or secured, and in respect to the passenger manifests, that the information therein contained is true and correct as to all passengers taken on board. Thereupon the said collector, or customs official, shall certify the same on the manifests, the original of which he shall return to the master with a permit specifying thereon, generally, the lading on board such vessel, and authorizing him to proceed to his port of destination, retaining the duplicates.

[2657–1364.]

SECTION 1213. Manifests required prior to unlading at port of entry. – Within twenty-four hours after the arrival at a port of entry of a vessel engaged in the coastwise trade, and prior to the unlading of any part of the cargo, the master shall deliver to the collector of customs or other proper customs official complete manifests of all the cargo and passengers brought into said port, together with the clearance manifests of cargo and passengers for said port granted at any port or ports of entry from which said vessel may have cleared during the voyage.

[2657–1365.]

SECTION 1214. Departure of vessel upon general manifest. – The Insular Collector may by regulation permit a vessel to depart coastwise from a port of entry upon the filing of a general manifest by the master thereof, the owners, agents, or consignees being required to present the proper detailed manifest within forty-eight hours after the departure of the vessel.

[2657–1366.]

SECTION 1215. Bonding of carriers transporting merchandise in bond. – A carrier engaged in conveying dutiable merchandise in bond from a port of importation to other ports shall give security in the nature of a general transportation bond, in a sum not less than ten thousand pesos, conditioned that the principal shall transport and deliver without delay, and in accordance with law and regulation, to the collector of customs at the port of destination all merchandise in bond delivered to such carrier and that all proper charges and expenses incurred by the customs authorities or at their instance by reason of such shipments shall be duly paid.

[2657–1367.]

SECTION 1216. Manifests for transit cargo. – When transit cargo from a foreign port or other local ports is forwarded from the port of importation, separate manifests, in triplicate, shall be presented by each carrier.

[2657–1368.]

SECTION 1217. Bay and river license. – Annual licenses authorizing vessels to engage in the business of towing or carrying merchandise or passengers in the bays, harbors, rivers, and inland waters navigable from the sea shall be issued by the collectors of the various ports of entry under the conditions hereinbelow prescribed; and except as otherwise expressly provided, no vessel shall be permitted to engage in this character of business until the proper license therefore has been procured.

A bay and river license shall specify the particular port or other body of water in which the vessel in question may engage in business as aforesaid.

[2657–1369.]

SECTION 1218. Vessels eligible for bay and river license. – To be eligible for the bay and river license, a vessel must be built in the (Philippine Islands) Philippines or in the United States, and the ownership of such vessel must be vested in some one or more of the following classes of persons: (a) citizen of the United States; (b) citizens of (Philippine Islands) Philippines; (c) domestic corporation or companies seventy per centum of whose corporate capital belongs to citizens of the United States or of the (Philippines Islands) Philippines: Provided, That the present owners of vessels with bay and river license under existing law who do not possess any of the requirements herein prescribed, may nevertheless continue operating such vessels as eligible for said bay and river license.

[2657–1370; 3472–1; 4161–1.]

SECTION 1219. Exemption of certain craft from requirement of bay and river license. – No bay and river license shall be required of any of the following classes of vessels:

(a) Vessels of three tons net or less.

(b) Yachts, launches, and other craft used exclusively for pleasure and recreation.

(c) Ship’s boats and launches bearing the name and home port of the vessel plainly marked thereon.

(d) Vessels owned by the Government of the (Philippine Islands) Philippines or of the United States.

The exemption of a boat in either of the last three classes shall at once cease if it engages in the business of transporting cargo or passengers for hire.

[2657–1371.]

SECTION 1220. Revocation of license. – The Insular Collector may for cause at any time revoke any coastwise license or bay and river license.

[2657–1372.]

ARTICLE VI

Entrance of Vessels in Foreign Trade

SECTION 1221. Ports open to vessels engaged in foreign trade – Duty of vessel to make entry. – Vessels engaged in the foreign carrying trade shall touch at ports of entry only, except as otherwise specially allowed; and every such vessel arriving within a customs collection district of the (Philippine Islands) Philippines from a foreign port shall make entry at the port of entry for such district and shall be subject to the authority of the collector of customs of the port while within his jurisdiction.

The master of any war vessel or vessel employed by any foreign government shall not be required to report and enter on arrival in the (Philippine Islands) Philippines, unless engaged in the transportation of merchandise in the way of trade.

[2657–1373.]

SECTION 1222. Arrest of vessel departing before entry made. – When a vessel arriving within the limits of a collection district from a foreign port departs or attempts to depart before entry shall be made, not being thereunto compelled by stress of weather, duress of enemies, or other necessity, the collector or surveyor of the port or the commander of any revenue cutter may arrest and bring back such vessel to the most convenient port.

[2657–1374.]

SECTION 1223. Control of customs officer over boarding or leaving of incoming vessel. – Upon the arrival in port of any vessel engaged in foreign trade, it shall be unlawful for any person (except the pilot, consul, health officers, or customs officers) to board or leave the vessel without the permission of the customs officer in charge; and it shall likewise be unlawful for any tugboat, rowboat, or other craft to go along side and take any person aboard such vessel or take any person therefrom, except as aforesaid.

[2657–1375.]

SECTION 1224. Quarantine certificate for incoming vessel. – Entry of a vessel from a port or place outside of the (Philippine Islands) Philippines shall not be permitted until it has obtained a quarantine certificate issued under the authority of the Bureau of Quarantine Service.

[2657–1376.]

SECTION 1225. Documents to be produced by master upon entry of vessel. – For the purpose of making entry of a vessel engaged in foreign trade, the master thereof shall present the following documents, duly certified by him, to the boarding officer of customs.

(a) The original manifest of all cargo destined for the port, to be returned with boarding officer’s indorsement.

(b) Three copies of the same manifest, one of which upon certification by the officer as to correctness of the copy shall be returned to the master.

(c) Two copies of store list.

(d) One copy of passenger list.

(e) One copy of the crew list.

(f) The original of all through cargo manifest, for deposit, while in port, with the customs officer in charge of the vessel.

(g) A passenger manifest of all aliens, in conformity with the requirement of the immigration laws in force in the (Philippine Islands) Philippines.

(h) The shipping articles and register of the vessel, if of Philippine register.

[2657–1377.]

SECTION 1226. Translation of manifest. – The cargo manifest and each copy thereof shall be accompanied by a translation into English, if originally written in a language other than English.

[2657–1378.]

SECTION 1227. Production of Philippine crew. – The master of a Philippine vessel returning from abroad shall produce the entire crew listed in the vessel’s shipping articles; and if any member be missing, the master shall produce proof satisfactory to the collector that such member has died, absconded, has been forcibly impressed into other service, or has been discharged; and in case of discharge in a foreign country he shall produce a certificate from the consul, vice-consul, commercial agent, or vice-commercial agent of the United States there residing, showing that such discharge was effected with the consent of the representative of the United States aforesaid.

[2657–1379.]

SECTION 1228. Manifest required of vessel from foreign port. – Every vessel from a foreign port or place must have on board complete written or typewritten manifests of all her cargo.

All of the cargo intended to be landed at a port in the (Philippine Islands) Philippines must be described in separate manifests for each port of call therein. Each manifest shall include the port of departure and the port of delivery with the marks, numbers, quantity, and description of the packages and the names of the consignees thereof. Every vessel from a foreign port or place must have on board complete manifests of passengers, immigrants, and their baggage, in the prescribed form, setting forth their destination and all particulars required by the immigration laws; and every such vessel shall have prepared for presentation to the proper customs official upon arrival in ports of the (Philippine Islands) Philippines, a complete list of all ship’s stores then on board. If the vessel does not carry cargo, passengers, or immigrants, there must still be a manifest showing that no cargo is carried from the port of departure to the port of destination in the (Philippine Islands) Philippines.

A cargo manifest shall in no case be changed or altered, except after entry of the vessel, by means of an amendment by the master, consignee, or agent thereof, under oath, and attached to the original manifest.

[2657–1380.]

SECTION 1229. Manifests for Auditor and Collector – Papers to be deposited with consul. – Immediately after the arrival of a vessel from a foreign port, the master shall deliver or mail to the (Insular) Auditor General, Manila, a copy of the cargo manifest properly indorsed by the boarding officer; and within twenty-four hours after arrival he shall present to the collector of customs the original copy of the cargo manifest and, for inspection, the ship’s register or other document in lieu thereof, together with the clearance and other papers granted to the vessel at the port of departure for the (Philippine Islands) Philippines.

If the vessel does not depart within forty-eight hours from the time of its arrival, the register and other shipping documents shall be deposited with the consul of the nation to which the vessel belongs.

The person acting for the vessel in the matters above specified shall furnish such evidence as may be required by the collector showing that the manifest has been supplied to the Auditor and, in a proper case, that the register has been deposited with the consul.

[2657–1381.]

SECTION 1230. Requirement as to delivery of mail. – A vessel arriving within a collection district in the (Philippine Islands) Philippines shall not be permitted to make entry or break bulk until it is made to appear, to the satisfaction of the collector of customs, that the master, consignee, or agent of the vessel is ready to deliver to the postmaster of the nearest post office all mail matter on board of such vessel and destined for that port. Collectors are authorized to examine and search vessels for mail matter carried contrary to law.

[2657–1382.]

SECTION 1231. Time for unlading of cargo. – Merchandise brought in a vessel from a foreign port shall not be unladen except during regular working hours on regular work days, without permission of the collector of customs and the payment of losses and overtime.

[2657–1383.]

SECTION 1232. Discharge of ballast. – When not brought to port as merchandise, ballast of no commercial value may be discharged upon permit granted by the collector for such purpose.

[2657–1384.]

SECTION 1233. Record of arrival and entry of vessels. – A record shall be made and kept open to public inspection in every customhouse of the dates of arrival and entry of all vessels.

[2657–1385.]

SECTION 1234. Entry of transport or supply ships of the United States Army or Navy. – The master or other officer in charge of a transport or supply ship of the United States Army or Navy, arriving from a foreign port at any port in the (Philippine Islands) Philippines shall, for the purpose of making entry of his vessel, present a manifest in duplicate, containing the following information, duly certified by him to the boarding officer or collector of customs:

(a) A list of all supplies of the United States Government, for use of the Army, Navy, or Public Health Service, or of the Government of the (Philippine Islands) Commonwealth of the Philippines.

(b) A list of all property of officers and enlisted men aboard, or of civilians carried as passengers.

(c) A list of all other goods, wares, merchandise, or effects on board.

(d) A list of all passengers on board, other than enlisted men of the Army, Navy, or other department of service, giving the name, sex, age, occupation, status, or rank, last permanent residence, port of embarkation, and destination, of each such passenger. The number of enlisted men on board should be stated, giving their designation, regiment, or department.

[2657–1386.]

SECTION 1235. Delivery of cargo. – Cargo unladen from United States Army transports or supply ships may be delivered upon release by the collector of customs.

[2657–1387.]

SECTION 1236. Stowaway arriving and leaving upon transport. – It shall be unlawful for any stowaway, not being a citizen of the (Philippine Islands) Philippines, to enter or attempt to enter the (Philippine Islands) Philippines from any vessel operated as a transport or supply ship of the United States Army arriving at any port of the (Philippine Islands) Philippines from any foreign port.

It shall also be unlawful for every person who conceals or attempts to conceal himself upon or goes on board any ship, vessel, launch, lighter, casco, or barge bound for a port of the United States or a foreign port, other than vessel used as a transport or supply ship of the United States Army, intending to obtain passage therein without payment of fare, and the aider or abetter of any such person shall be deemed to be a stowaway.

For the purposes hereof, the term “stowaway” shall include any person who has obtained transportation to the (Philippine Islands) Philippines, by deceit, concealment, evasion, or fraud, and without having paid or contracted to pay for such transportation, and who arrives in the (Philippine Islands) Philippines without apparent means of subsistence or who at the time of his arrival is likely to become a public charge.

[2213–1, 3; 3333–1.]

SECTION 1237. Entrance of vessel through necessity. – When a vessel from a foreign port is compelled by stress of weather or other necessity to put into any other port than that of her destination, the master, together with the person next in command, within twenty-four hours after her arrival, shall make protest in the usual form, upon oath before a duly authorized person, setting forth the causes or circumstances of such necessity. This protest, if not made before the collector, must be produced to him, and a copy thereof lodged with him.

Within the same time the master shall make report to the collector; and if any part of the cargo was unladen from necessity or lost by casualty before arrival, and such fact is made to appear by sufficient proof to the collector of customs, he shall give his approbation and the unlading shall be deemed to have been lawfully effected.

[2657–1388.]

SECTION 1238. Unlading of vessel in port from necessity. – If the situation is such as to require the unlading of the vessel pending sojourn in port, the collector of customs shall, upon sufficient proof of the exigency, grant a permit therefor, and the merchandise shall be unladen and stored under the supervision of the customs authorities.

At the request of the master of the vessel or of the owner thereof, the collector may grant permission to enter and pay the duties on and dispose of such part of the cargo as may be of perishable nature or as may be necessary to defray the expenses attending the vessel.

Upon departure, the cargo, or the residue thereof, may be reladen on board the vessel, and the vessel may proceed with the same to her destination, subject only to the charge for storing and safe-keeping of the merchandise and the fees for entrance and clearance.

No port charges shall be collected on vessels entering through stress of weather or other causes above described.

[2657–1389.]

ARTICLE VII

Clearance of Vessels in Foreign Trade

SECTION 1239. Clearance of vessel for foreign port. – Before a clearance shall be granted to any vessel bound to a foreign port, the master, or other proper agent thereof, shall present to the collector of customs the following properly authenticated documents:

(a) A bill of health from the proper quarantine official or officer of the public health service in the port.

(b) Three copies of the manifest of export cargo, one of which upon certification by the customs officer as to correctness of the copy shall be returned to the master.

(c) Two copies of the passenger list, showing alien and other passengers.

(d) The register and shipping articles, if the vessel is of Philippine register.

(e) The consular certificate of entry, if the vessel is of foreign register, when required.

[2657–1390.]

(f) A certificate of the Bureau of Posts to the effect that it received timely notice of the sailing of the vessel: Provided, That the Collector of Customs shall not permit any vessel to sail for a foreign port if the master or agent thereof refuses to receive bags of mail delivered to the same by the Bureau of Posts for transportation for a reasonable compensation. In case the Director of Posts and said master or agent do not come to an agreement concerning the amount of the compensation to be paid for the carriage of the mail, the matter shall be submitted for decision to a board of referees composed of three members, appointed, respectively, by the Bureau of Posts, the agency of the company to which the vessel concerned belongs, and the Bureau of Customs, which board shall fix a reasonable rate of compensation.

[3046–1.]

SECTION 1240. Manifest of export cargo to be delivered to Auditor. – This master shall prior to departure deliver or mail to the (Insular) Auditor General, Manila, the returned copy of the manifest of export cargo.

[2657–1391.]

SECTION 1241. Oath of master of departing vessel. – The master of such departing vessel shall also make oath to the effect:

(a) That all cargo conveyed on said vessel, with destination to the (Philippine Islands) Philippines, has been duly discharged or accounted for.

(b) That he has mailed or delivered to the (Insular) Auditor General, Manila, a true copy of the outgoing cargo manifest.

(c) That he has not received and will not convey any letters or other packets not inclosed in properly stamped envelopes sufficient to cover postage, except those relating to the cargo of the vessel, and that he has delivered at the proper foreign port all mails placed on board his vessel before her last clearance from the (Philippine Islands) Philippines.

(d) That, if clearing without passengers, the vessel will not carry upon the instant voyage, from any Philippine port, any passengers or any class, or other person not entered upon the ship’s articles.

[2657–1392.]

SECTION 1242. Extension of time for clearance. – At the time of clearance the master of a departing vessel shall be required to indicate the time of intended departure, and if the vessel should remain in port forty-eight hours after the time indicated the master shall report to the collector for an extension of time for departure, and without such extension the original clearance shall be of no effect.

[2657–1393.]

SECTION 1243. Lading of forest products. – A collector of customs shall not allow forest products to be laden aboard a vessel clearing for a foreign port until the shipper shall produce a receipt from an internal-revenue official showing that the forest charges upon such products have been paid or a certificate from a proper official of the Bureau of Forestry showing that the products were taken from private lands properly registered in the Bureau of Forestry.

[2657–1394.]

SECTION 1244. Lading of fibrous products. – A collector of customs shall not permit abaca, maguey; or sisal or other fibrous products for which standard grades have been established by the Director of Agriculture (now Plant Industry) to be laden aboard a vessel clearing for a foreign port, unless the shipment conforms to the requirements of law relative to the shipment of such fibers.

[2657–1395.]

SECTION 1245. Detention of warlike vessel containing arms and munitions. – Collectors shall detain any vessel of commercial register manifestly built for warlike purposes and about to depart from the (Philippine Islands) Philippines with a cargo consisting principally of arms and munitions of war, when the number of men shipped on board or other circumstances render it probable that such vessel is intended to be employed by the owner or owners to cruise or commit hostilities upon the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace, until the decision of the (Governor-General) President of the (Islands) Philippines be had thereon, or until the owner or owners shall give bond or security, in double the value of the vessel and cargo, that she will not be so employed, if in the discretion of the collector of customs such bond will prevent the violation of the provisions of this section.

[2657–1396.]

ARTICLE VIII

Importation of Merchandise in General

SECTION 1246. Merchandise to be imported only through customhouse. – All merchandise introduced into the (Philippine Islands) Philippines, whether subject to duty or not, shall be entered through a customhouse at a port of entry.

[2657–1397.]

SECTION 1247. Special surveillance for protection of customs and prevention of smuggling. – In order to prevent smuggling and to secure the collection of the legal duties the customs service shall exercise surveillance over the coast, beginning when a vessel enters Philippine waters and concluding when the merchandise imported therein has been legally passed through the customhouse.

[2657–1398.]

SECTION 1248. When importation by sea begins and ends. – Importation by sea begins when the importing vessel enters the jurisdictional waters of the (Philippine Islands) Philippines with intention to unlade therein, and is not completed until the duties due upon the merchandise have been paid or secured to be paid at a port of entry and the legal permit for withdrawal shall have been granted, or, in case said merchandise is free of duty, until it has legally left the jurisdiction of the customs.

[2657–1399.]

SECTION 1249. Jurisdiction of collector over importation of merchandise. – The collector of customs of a port of entry shall cause all merchandise entering the jurisdiction of his district and destined for importation through his port to be entered at the customhouse, shall appraise and classify all such merchandise, and shall assess and collect the duties thereon, and shall hold possession of all imported merchandise upon which duties have not been paid or secured to be paid, disposing of the same according to law.

[2657–1400.]

SECTION 1250. Jurisdiction of collector over merchandise of prohibited importation. – Where merchandise is of prohibited importation or subject to importation only upon conditions prescribed by law, it shall be the duty of the collector, conformably with the provisions of this chapter, to exercise such jurisdiction in respect thereto as will prevent importation or otherwise secure compliance with all legal requirements.

[2657–1401.]

SECTION 1251. When duties accrue on imported merchandise. – Unless otherwise specially provided by law, duties shall accrue upon imported merchandise upon the arrival of the importing vessel within the jurisdictional waters of the (Philippine Islands) Philippines with intent to unlade.

[2657–1402.]

SECTION 1252. Deposit of personal effects without payment of duty. – Trunks, packages, hand baggage, and other parcels containing dutiable personal effects, not regular merchandise, and belonging to bona fide travelers for curiosity or pleasure, may be left, in the discretion of the collector of customs, in the custody of the passenger and baggage division, or corresponding office of the customhouse, for a period not exceeding six months, without payment of duty, provided they do not leave the customs jurisdiction, and upon the departure of the owner are duly put on board and manifested as baggage on a vessel bound for a foreign port.

[2657–1403.]

SECTION 1253. Landing of vessel’s equipment under bond. – Upon the filing of a bond guaranteeing their reembarkation, the landing of sails, casks, chronometers, and other portions of the vessel’s equipment shall be permitted, in order that the same may be repaired.

[2657–1404.]

SECTION 1254. Merchandise to be received in general order stores. – Unless otherwise directed by the collector, all merchandise except bulk cargo shall be received in general order stores.

[2657–1405.]

SECTION 1255. Limit of period for discharge. – The period within which discharge should be effected is as follows:

Vessels of less than three hundred tons, eight working days after entry; vessels of three hundred tons and less than eight hundred tons, twelve working days after entry; vessels of eight hundred tons and upward, fifteen working days after entry.

The working days of a vessel shall be computed by excluding the date of entry, legal holidays and stormy days when, in the opinion of the collector, discharge of cargo is impracticable.

[2657–1406.]

SECTION 1256. Disposition of merchandise remaining on vessel after time for unlading. – Merchandise remaining on board any vessel after the expiration of the said period for discharge, and not reported for transshipment to another port, may be unladen by the customs authorities and store at the vessel’s expense.

Merchandise so stored may, at any time within ninety days or such longer period as the Insular Collector shall approve, be claimed and entered. If not entered it shall be sold at public auction at the next ensuing regular sale, though at any time prior to sale it may be entered for consumption or warehouse, and be withdrawn upon payment of duty and expenses.

[2657–1407.]

SECTION 1257. Charges for storage and labor. – The charges for service rendered in connection with merchandise under the control of the customs authorities or upon the customs premises and the rates of storage in Government stores, or warehouses, shall be fixed and promulgated by the Insular Collector annually.

[2657–1408.]

SECTION 1258. Reshipment to foreign port. – Unless it shall appear by the invoice, bill of lading, and manifests, or other satisfactory evidence, that merchandise arriving in the (Philippine Islands) Philippines is destined for transshipment, no exportation thereof will be permitted except under entry for warehouse and exportation in bond and appraisement made.

[2657–1409.]

SECTION 1259. Handling of merchandise in which duty has not been paid. – Except when done under customs supervision, all unlading or transshipment of the cargo of vessels from foreign ports, which do not discharge at a wharf, must be by bonded lighters; and likewise, on land, imported goods on which duty has not been paid shall be carried about and handled by bonded draymen or cartmen only.

[2657–1410.]

SECTION 1260. Government plant for handling merchandise. – A Government plant for handling merchandise on or around the customs premises shall be maintained at the port of Manila and at any other port of entry prescribed by the Insular Collector, when the proper conduct of the customs business shall so require.

Where such plants are established, it shall be their function to receive, land, and deliver imported merchandise, and to handle the same, so far as may be necessary, while on customs premises. Such plants shall also handle merchandise for export while on the customs premises, and in the discretion of the Insular Collector may deliver merchandise aboard vessels for export.

[2657–1411.]

SECTION 1261. Sea stores dutiable as to excess only. – An excess of sea stores in vessels arriving from foreign ports, and all articles purchased abroad for sale on board a vessel as saloon stores or supplies, are dutiable, but all sea stores and saloon stores or supplies not in excess of the proper requirements for the vessel in her voyage outside of the (Philippine Islands) Philippines shall not be deemed to be dutiable.

[2657–1412.]

SECTION 1262. Transfer of surplus sea stores. – Surplus sea stores shall not be transferred from one vessel to another, except to a vessel of the same line in active service in the foreign trade, and then only where such stores are bona fide sea stores and not cargo. In such cases the transfer may be allowed under customs supervision.

[2657–1413.]

SECTION 1263. Duties upon surplus stores. – Surplus stores landed must be entered for immediate consumption and not for warehouse, and are dutiable as imported merchandise. The surplus sea stores of a vessel of the (Philippine Islands) Philippines shall be dutiable on her changing from the foreign to the coastwise trade.

The duties on excessive sea stores or saloon stores or supplies shall be paid forthwith by the master upon the determination of the same by the collector, and the decision of the latter upon such matter shall be final.

[2657–1414.]

SECTION 1264. Exclusive license for landing of passengers and baggage at Manila. – At the port of Manila the Insular Collector may select one person or firm to do, at reasonable rates, all the business of landing passengers and baggage for hire from incoming ships and to this end may enter into an exclusive contract for the period of one year.

This contract shall be made only after due advertisement for bids, such bids to cover the cost of landing passengers per person and luggage per piece, large and small. The lowest bidder who shall be, in the opinion of the Insular Collector, responsible and of good character shall be selected.

[2657–1415.]

SECTION 1265. Bond to be given. – The person or firm so selected shall, before entering upon the performance of such contract, execute a bond to the Government of the (Philippine Islands) Commonwealth of the Philippines, for the benefit of whom it may concern, conditioned (a) for the acquisition of a sufficient equipment of launches and other means of conveniently landing passengers and baggage, (b) for the landing of all the passengers and all the baggage as occasion may require during the entire year covered by the contract, and (c) for the prompt payment of all losses of baggage or other property so handled, due to negligence in the performance of the contract, the amount of such liability being finally determined by the Insular Collector.

[2657–1416.]

SECTION 1266. Supervision of Insular Collector over execution of contract. – The Insular Collector shall supervise the execution of the contract and the doing of business thereunder, and shall have the power upon breach of the contract or violation of any regulation concerning the same at once to annul the contract, awarding the privilege to another in the same manner as before.

[2657–1417.]

ARTICLE IX

Entry at Customhouse

SECTION 1267. By whom merchandise to be entered in customhouse. – Imported merchandise must be entered in the customhouse at the port of arrival either (a) by the importer, being holder of the bill of lading, (b) by any other holder of the bill of lading in due course, (c) by a customs broker acting under authority from a holder of the bill, or (d) by a person duly empowered to act as agent or attorney in fact for such holder.

[2657–1418.]

SECTION 1268. Declaration upon entry of merchandise. – Except in case of informal entry, no entry of imported merchandise shall be effected until there shall be submitted to the collector of customs a written declaration, in such form as shall be prescribed by the Insular Collector, containing statements in substance as follows:

(a) That the entry delivered to the collector contains a just and true statement of all the merchandise which is the subject of the entry.

(b) That the invoice and entry contain a just and faithful account of the actual cost of said merchandise, including and specifying the value of all containers or coverings, and that nothing has been omitted therefrom or concealed whereby the Government of the (Philippine Islands) Commonwealth of the Philippines might be defrauded of any part of the duties lawfully due on the merchandise.

(c) That, to the best of the declarant’s information and belief, the invoice and all bills of lading relating to the merchandise are the only ones in existence relating to the importation in question and that they are in the state in which they were actually received by him; and, furthermore,

(d) That, to the best of declarant’s information and belief, the entry, invoice, and bill of lading, and the declaration thereon are in all respects genuine and true, and were made by the person by whom the same purport to have been made, respectively.

[2657–1419.]

SECTION 1269. By whom declaration to be signed. – The declaration shall be signed by the actual importer, consignee, or holder of the bill, by or for whom the entry is effected, if such person is an individual, or in case of a corporation, firm, or association, by its active manager, or by a licensed customs broker duly authorized to act for either of them. When it is impracticable to obtain a declaration thus signed, the collector may allow it to be signed by some person in interest having first and best knowledge of the facts. A collector of customs may also, in his discretion, require that the declaration shall be sworn to by the person signing the same.

[2657–1420.]

SECTION 1270. Bond for subsequent production of invoice. – When it is impossible to produce the proper invoice at the time entry is made the collector may accept a pro forma invoice and require a bond to be given for the subsequent production of the authentic invoice. In the case of goods dutiable ad valorem the bond shall be in an amount of not less than ten per centum of the estimated duties upon the importation, and in other cases not less than one hundred pesos.

[2657–1421.]

SECTION 1271. Form and contents of entries. – Entries shall be in duplicate, in writing, and in other respects in such form as shall be prescribed in the regulations. They shall be signed by the person making entry of the merchandise, and shall declare the names of the importing vessel and her master, her port of departure and date of arrival, the number and marks of packages, or the quantity, if in bulk, and the nature of the merchandise contained therein, and its value as set forth in a proper invoice to be presented in duplicate with the entry.

[2657–1422.]

SECTION 1272. Country of origin to be marked on package. – All articles of foreign manufacture, such as are usually or ordinarily marked, stamped, branded, or labeled, and all packages containing such or other imported articles, must respectively be plainly marked, stamped, branded, or labeled in legible words in a conspicuous place, so as to indicate the country of their origin and the quantity of their contents; and until so marked, stamped, branded, or labeled they shall not be delivered to the importer. Should any article of imported merchandise be marked, stamped, branded, or labeled so as to indicate a quantity, number, or measurement not actually contained in such article, no delivery of the same shall be made to the importer until the mark, stamp, brand, or label, as the case may be, shall be changed so as to conform to the facts of the case.

[2657–1423.]

SECTION 1273. Description of merchandise. – The description on the entry of the merchandise shall be in terms of tariff laws and in the currency of the invoice, and the values of the several classes of merchandise shall be separately placed under their respective rates of duty, as claimed by the importer, and the totals of each class duly shown. The rates of duty thus stated on the entry shall be advisory only and shall not govern the collector’s classification for the assessment of duty.

[2657–1424.]

SECTION 1274. Entries in bond. – Entries in bond may be made for placing the merchandise in warehouse, or for its constructive warehousing and immediate transportation to other ports of the (Islands) Philippines without appraisement, or for constructive warehousing and immediate exportation; and merchandise in warehouse may be withdrawn either for consumption, exportation, or for transportation to another port of the (Islands) Philippines. Two of these objects may, in some cases, be combined in one withdrawal. Whenever goods are so transported in bond without appraisement they must be consigned to the care of the collector at the port of destination, who will allow entry to be made at his port by the actual consignee.

[2657–1425.]

SECTION 1275. Entry of merchandise in part for consumption and in part for warehousing. – Entries of merchandise covered by one bill of lading may be made simultaneously for both consumption and warehouse. Where an intent to export the merchandise is shown by the bill of lading and invoice, the whole or a part of a bill of lading (not less than one package) may be entered for warehouse and immediate exportation. In this case the collector may designate the vessel in which the merchandise is laden as constructively a warehouse, in order to facilitate the direct transfer of the goods to the exporting vessel. The same procedure may apply to goods entered for warehouse and immediate transportation.

Merchandise received at any port from another port of the (Islands) Philippines on an entry for immediate transportation without appraisement may be entered at the port of delivery either for consumption or warehouse.

[2657–1426.]

ARTICLE X

Examination and Appraisal of Merchandise and Liquidation of Duties

SECTION 1276. Designation of packages to be examined. – Unless the collector, from the character and description of the merchandise, is of the opinion that the examination of a less or greater proportion of packages will amply protect the revenues, there shall be designated and sent to appraisers’ stores, for examination and appraisal, at least one package of every invoice, and one package at least of every ten packages of merchandise imported.

[2657–1427.]

SECTION 1277. Bond upon delivery of unexamined packages. – To effect immediate delivery of packages not ordered for examination, the collector may accept a bond in such sum and with such conditions as shall be sufficient to safeguard the revenue.

If such security is not supplied, all the packages shall be held until the return is made and duties paid.

[2657–1428.]

SECTION 1278. Return of examining officer. – The examining officer shall compare the cases designated for examination and their contents with the invoice and shall make return of the description of the goods covered thereby, whether the quantities are correct, and, in case of merchandise dutiable ad valorem, whether the prices named show the correct value of the merchandise.

[2657–1429.]

SECTION 1279. Appraiser’s samples. – Appraisers shall see that good and sufficient samples of all lines of merchandise which may be readily sampled are retained for official purposes; but samples of merchandise identical in quality, material, and values shall not be retained, if their return is desired, longer than may be required for use in contested cases.

The quantity and value of samples taken shall be noted on the face of the entry.

[2657–1430.]

SECTION 1280. Duties of appraisers. – Under the orders of collectors of customs, appraisers shall appraise the merchandise in the unit of quantity in which the merchandise is usually bought and sold, and supervise the appraisal and classification of all merchandise, goods, wares, and effects, of whatever description, whether dutiable or free, which may be presented to them in proper form or for the appraisal or classification of which the proper order may have been received.

Appraisers shall be responsible to the collectors of customs for the correct appraisal of all such goods; that the amounts, classes, and values returned by them are in all respects accurate and correct, and that the paragraphs, subparagraphs, rules, and dispositions of the tariff, and of this title, and the rules and instructions of the Insular Collector in respect thereto have been correctly applied and followed.

[2657–1431; 3876–1.]

SECTION 1281. Employment of persons to assist in appraisement of merchandise. – When necessary to the proper accomplishment of the examination of any merchandise, the collector may summon not more than two disinterested business men or persons versed in the particular matter and require them to assist the examining officer or appraiser in appraising or ascertaining the value or proper description thereof.

[2657–1432.]

SECTION 1282. Proceedings and report of appraisers. – Appraisers and persons discharging their functions shall, by all reasonable ways and means, ascertain, estimate, and appraise the actual market value of the merchandise, as required by law, any invoice or affidavit thereto or statement of cost, or of cost of production to the contrary notwithstanding, and after revising and correcting the reports of the examiners as they may judge proper, shall report in writing on the face of the entry the prices so determined.

Appraisers shall describe all merchandise on the face of the entry in such terms as will enable the collector to pass upon the appraisal and classification of the same, and shall note thereon the measurements and quantities, and any disagreement with the declaration.

[2657–1433.]

SECTION 1283. Readjustment of appraisals and returns. – Such appraisal or return once made may not be altered or modified in any manner, except:

(a) Within one year after payment of the duties, upon statement of error in conformity with section one thousand three hundred hereof, approved by the collector.

(b) Within fifteen days after such payment, upon request for reappraisement addressed to the Insular Collector by the collector of customs, if the latter should deem the appraisement to be too low.

(c) Upon request for reappraisement, in the form of protest, addressed to the collector of customs by the party in interest, if the latter should be dissatisfied with the appraisal or return.

[2657–1434.]

SECTION 1284. Liquidation and record of entries. – Upon receipt of the returns of the appraisers and the report of the weights, gauge, or quantity, if the collector shall approve the same, the liquidation shall be made on the face of the entry showing the particulars thereof, be signed with the initials of the liquidating clerk, approved by the chief liquidator, and recorded in the record of liquidations.

A daily record of all entries liquidated shall be posted in the public corridor of the customhouse, stating the name of the vessel, the port from which she arrived, and the date of her arrival, the name of the importer, and the serial number and date of the entry. A daily record must also be kept by the collector of all additional duties found upon liquidation, and notice thereof promptly sent to the parties in interest.

[2657–1435.]

SECTION 1285. Tentative liquidation. – If to determine the exact amount due under the law in whole or in part some future action is required, the liquidation shall be deemed to be tentative as to the items or items affected and shall to that extent be subject to future and final readjustment and settlement. The entry in such case shall be stamped “Tentative liquidation.”

[2657–1436.]

SECTION 1286. Assessment of duty on less than entered value. – Duty shall not be assessed in any case upon an amount less than the entered value, unless by direction of the Insular Collector in cases in which the importer certifies at the time of entry that the entered value is higher than the foreign market value and that the goods are so entered in order to meet increases made by the appraiser in similar cases then pending on request for reappraisement; and the lower assessment shall be allowed only when the importer’s contention is sustained by final decision, and it shall appear that the action of the importer on entry was taken in good faith, and after due diligence and inquiry on his part.

[2657–1437.]

SECTION 1287. Finality of liquidation. – When merchandise has been entered and passed free of duty or final adjustment of duties made, with subsequent delivery, such entry and passage free of duty or settlement of duties will, after the expiration of one year from the time of entry, in the absence of fraud and in the absence of protest, be final and conclusive upon all parties, unless the liquidation was merely tentative.

[2657–1438.]

ARTICLE XI

Surcharges Imposable by Collector

SECTION 1288. Failure to pay liquidated charges. – For failure to pay the amount of liquidated charges of a liquidation within five working days after the notice of liquidation has been publicly posted in the customhouse, a surcharge of five per centum of the total amount or balance found due the revenue on liquidation may, in the discretion of the collector of customs, be added thereto and collected therewith.

[2657–1439.]

SECTION 1289. Failure to supply invoice. – When an entry of merchandise valued at more than two hundred pesos is permitted by the collector to be effected upon pro forma invoice, the collector, instead of requiring a bond for the subsequent production of the authentic invoice, may, if the importer prefers, impose a surcharge of not less than ten pesos nor more than an amount equal to twenty-five per centum of the duties upon the importation.

[2657–1440.]

SECTION 1290. Undervaluation and misdescription in entry. – When imported merchandise shall be so declared and entered as to the value or classification thereof that the taxes, if estimated on the face of the entry, would be less by ten per centum than by law should be collected, or when the dutiable weight, measurement, or quantity of imported merchandise is found upon examination to exceed by ten per centum or more the entered weight, measurement, or quantity, a surcharge may, in the discretion of the collector of customs and subject to the approval by the Secretary of Finance, be imposed upon the importer of not less than the additional amount required to pay the full tax on merchandise, and not more than five times such additional amount so required.

[2657–1441; C.A. 406–1.]

SECTION 1291. Refusal of party to give evidence or submit documents for examination. – When the owner, importer or consignee of any imported merchandise, or the agent of either, refuses upon the citation or demand of any customs officer having lawful authority therein, to appear, make oath, or submit himself to examination, or to answer any material question propounded at such examination, or refuses to produce records, accounts, or invoices pertaining to the value, classification, or disposition of the merchandise in question and deemed material in appraising the same, the collector may, in his discretion, assess a surcharge of sixteen per centum ad valorem on the merchandise which is the subject of the importation.

[2657–1442.]

SECTION 1292. Failure to declare baggage. – Whenever any article subject to duty is found in the baggage of any person arriving within the (Philippine Islands) Philippines, which was not at the time for making entry of such baggage mentioned to the collector or other proper customs official before whom such entry was made by the person making entry, such article shall be seized, and the person in whose baggage it is found may be required to pay treble the value of such article unless it shall be established to the satisfaction of the collector that the failure to mention or declare was without fraud.

[2657–1443.]

ARTICLE XII

Abatements and Refunds on Original Examination

SECTION 1293. Free entry on reimportation of certain merchandise. – Salvage gear and salvage apparatus held in the (Philippine Islands) Philippines and exported therefrom for temporary use abroad may, if identified prior to exportation and upon reimportation, be reimported without the payment of import duties except upon any dutiable repairs procured abroad. The same rule shall be applicable to any article admitted to free entry; but dutiable merchandise imported and afterwards exported shall be liable to duty on every subsequent importation.

[2657–1444.]

SECTION 1294. Abatement for damage incurred during voyage. – Except as herein specially provided, no abatement of duties will be made on account of damage incurred or deterioration suffered during the voyage of importation; and duties will be assessed on the actual quantity imported, as shown by the returns of weighers, gaugers, measurers, or appraisers, as the case may be.

[2657–1445.]

SECTION 1295. Abatement or refund of duty on missing package. – When any package or packages appearing on the manifest or bill of lading are missing, a remission or refund of the duty thereon shall be made if it be shown by proof satisfactory to the collector that the package or packages in question have not been imported into the (Philippine Islands) Philippines.

[2657–1446.]

SECTION 1296. Abatement or refund for deficiency in contents of package. – If, on the opening of any package, a deficiency or absence of any article, or of part of the contents thereof, as called for by the invoice shall be found to exist, such deficiency shall be certified to the collector by the appraiser; and upon the production of proof satisfactory to the collector showing that the shortage occurred before the arrival of the merchandise in the (Philippine Islands) Philippines, the proper abatement or refund of the duty shall be made.

[2657–1447.]

SECTION 1297. Abatement or refund of duties on goods lost or destroyed after arrival. – Collectors of customs may abate or refund the amount of duties accruing or paid, and may likewise make a corresponding allowance or credit on the entry bond, or other document concerned, upon satisfactory proof of the injury, destruction, or loss by theft, fire, or other casualty of any merchandise as follows:

(a) While within the limits of any port of entry prior to unlading under customs supervision.

(b) While remaining in customs custody after unlading.

(c) While in transit under bond from the port of entry to any other port in the (Philippine Islands) Philippines.

(d) While released under bond to export, except in case of loss by theft.

[2657–1448.]

SECTION 1298. Abatement of duty on animals dying or injured before arrival. – Where animals which are the subject of importation die or suffer injury before arrival, and the same appears or is satisfactorily shown to the collector, the duty shall be correspondingly abated by him, provided the carcass of any dead animal remaining on board be removed in the manner required by the collector and at the expense of the importer.

[2657–1449.]

SECTION 1299. Investigation required in cases of abatements and refunds. – In all cases of allowances, abatements, or refund of duties, collectors of customs shall cause an examination and report in writing to be made as to any facts discovered tending to account for the discrepancy or differences adjusted, and the import entry shall be posted to show his final action.

[2657–1450.]

SECTION 1300. Correction of errors – Refund of excessive payments. – Manifest clerical errors made in an invoice or entry, errors in return of weight, measure, and gauge, when duly certified to by the surveyor or examining officer (when there are such officers at the port), and errors in the distribution of charges on invoices not involving any question of law and certified to by the examining officer, may be corrected in the computation of duties, if such errors be discovered before the liquidation, or, if discovered after liquidation, upon written notice of error from the importer, or upon statement of error certified by the collector.

Collectors are authorized to reliquidate entries and collect additional charges, or make refunds on statement or error, within the statutory time limit, for the purpose of correcting erroneous action on the original entry.

[2657–1451.]

SECTION 1301. Claim for refund and mode of payment. – All claims for refund of duties shall be made in writing, and forwarded to the collector of customs to whom such duties were paid; and upon receipt of claims for refund, collectors of customs will verify the same by the records of their office, and if found to be correct and in accordance with law, will certify the same to the Insular Collector with their recommendations in the case, together with all necessary papers and documents. Upon receipt by the Insular Collector of any claim for refund so forwarded, he shall draw a warrant in payment and settlement thereof, if found correct.

[2657–1452.]

ARTICLE XIII

Warehousing of Merchandise

SECTION 1302. Establishment and supervision of warehouses. – When the business of the port requires such facilities, collectors of customs shall designate and establish warehouses for use as general order stores, public and private bonded warehouses, sheds, or yards, or for other purposes.

All such warehouses and premises shall be subject to the supervision of the collector who shall impose such conditions as may be deemed necessary for the protection of the revenue and of the merchandise stored therein.

[2657–1453.]

SECTION 1303. Responsibility of Government. – The Government assumes no legal responsibility in respect to the safe-keeping of merchandise stored in any customs or bonded warehouse.

[2657–1454.]

SECTION 1304. Bonded warehouses. – Application for the establishment of bonded warehouses must be made in writing to the collector, describing the premises, the location, and capacity of the same, and the purpose for which the building is to be used.

Upon receipt of such application the collector shall cause an examination of the premises to be made, with reference particularly to its location, construction, and means provided for the safe-keeping of merchandise, and if found satisfactory he may authorize its establishment, and accept a bond for its proper operation and maintenance.

Collectors shall appoint storekeepers for such bonded warehouses, whose salaries shall be collected from owners of warehouses where the service is rendered.

[2657–1455.]

SECTION 1305. Charges for storage in bonded warehouses. – The rates of storage in public or private bonded warehouses shall be subject to arrangement between the importer and the warehouse proprietor, but such rates shall not be in excess of the customary charges fixed by the collector of the port for such warehouses.

[2657–1456.]

SECTION 1306. Discontinuance of warehouses. – Any warehouse may be discontinued by the collector at any time when conditions so warrant, or in case of a private warehouse, upon receipt of written request to that effect from the proprietors or occupants of the premises, provided all the requirements of the law and regulations have been complied with on the part of the principals. Where dutiable merchandise is stored in such premises the same must be removed at the risk and expense of the proprietors, and the premises shall not be surrendered, nor discontinuance authorized, until after a careful examination of the accounts of the warehouse and a comparison thereof with the books of the customhouse.

[2657–1457.]

SECTION 1307. Entry of goods for warehousing. – The entry of goods for warehousing shall be in duplicate in the prescribed form, and shall be verified as in the entry of merchandise for consumption.

[2657–1458.]

SECTION 1308. Warehousing bond. – The entry for warehousing having been examined and the duties determined thereon, the collector shall take a bond from the importer, in double the amount of such duties, conditioned for the withdrawal of the merchandise within the period prescribed by law and for the payment of any duties and charges to which the merchandise shall be then subject.

[2657–1459.]

SECTION 1309. Delivery upon order of importer. – The importer of record may authorize delivery to another person than himself by writing upon the face of the withdrawal his order to such effect.

The importer shall not by the transfer of any merchandise under bond be relieved either personally or upon the warehousing bond. Both principal and sureties shall continue liable until the duties are paid or the merchandise exported, unless by assignment the merchandise covered by the bond is transferred to another party who shall accompany his assignment with a new warehousing bond.

[2657–1460.]

SECTION 1310. Withdrawal of merchandise from bonded warehouse. – Merchandise in bond may be withdrawn at any time for consumption, for transportation to another port, for exportation, or for delivery on board a vessel of the United States or a foreign vessel for use on board such vessel as ships’ stores after liquidation of the entry. The withdrawal must be made by the person or firm named in the original warehouse entry, or by a person or firm duly authorized by the former, whose authority must appear in writing upon the face of the withdrawal.

[2657–1461.]

SECTION 1311. Limit to period of storage in bonded warehouse. – Merchandise duly entered for warehousing may remain in bonded warehouses for a period of two years from the time of arrival, which period may be further extended for not more than one year by the Insular Collector whenever sufficient reasons for such extension are presented to him. Merchandise not withdrawn at the completion of the prescribed period shall be sold at auction by the Collector.

[2657–1462.]

SECTION 1312. Export bond. – Upon withdrawal for export, a bond shall be required in double the amount of the duties, conditioned for the exportation of the merchandise, and for the production of proof of the landing of same beyond the limits of the (Philippine Islands) Philippines.

[2657–1463.]

SECTION 1313. Duties on goods deposited in warehouse. – Duties based upon the weight of merchandise deposited in any public or private bonded warehouse shall be levied and collected upon the weight thereof at the time of its entry into the warehouse.

[2657–1464.]

SECTION 1314. Duty on merchandise withdrawn from bonded warehouse. – All merchandise withdrawn from bonded warehouses of any class shall be subject to the rate of duty in force at the time of its withdrawal.

[2657–1465.]

ARTICLE XIV

Delivery of Merchandise

SECTION 1315. Delivery of merchandise to holder of bill of lading. – A collector of customs who makes delivery, upon the surrender of the bill of lading, to a person who by the terms thereof appears to be the true consignee or lawful holder of the bill shall not be liable on account of any defect in the bill or irregularity in its negotiation, unless he has notice of the same.

[2657–1466.]

SECTION 1316. Delivery of merchandise without production of bill of lading. – No collector of customs in any port of entry in the (Philippine Islands) Philippines other than Manila shall deliver imported merchandise to any person without the surrender by such person of the bill of lading covering said merchandise, except on written order of the carrier or agent of the importing vessel, in which case neither the Government of the (Philippine Islands) Philippines nor the collector of customs shall be held responsible for any damages arising from wrongful delivery of the merchandise: Provided, however, That where delivery of merchandise is made against such written order of the carrier or agent of the vessel, the collector of customs may, for the customs purposes, require the production of an exact copy of the bill of lading therefor, or the original bill of lading where entry of the merchandise is made under section twelve of the Philippine Tariff Act of nineteen hundred and nine, as amended, and to that end may accept bond or bonds conditioned for the subsequent production of the proper document.

[2657–1467; 3096–1.]

SECTION 1317. Withholding delivery pending satisfaction of lien. – When a collector of customs is duly notified in writing of a lien for freight, lighterage, or general average upon any imported merchandise in his custody, he shall withhold the delivery of the same until satisfied that the claim has been paid or secured.

If the amount of freight or lighterage depends upon the quantity or weight of the merchandise imported, and there is a disagreement between the parties filing the lien and the importer as to the sum due, the collector may deliver the merchandise upon payment of the freight or lighterage due on the quantity or weight actually landed, as shown by the returns of the proper officer or otherwise to his satisfaction.

[2657–1468.]

SECTION 1318. Customs expenses constituting charge on merchandise. – All expenses incurred by the customs service for the carriage or storage of merchandise and other necessary operations in connection therewith, or incident to its seizure, shall be charged against such merchandise, and shall constitute a lien upon it.

[2657–1469.]

SECTION 1319. Fine as charge on merchandise. – No delivery of imported merchandise which is liable for any fine or surcharge imposed under the customs laws shall be made until the same has been paid or secured.

[2657–1470.]

ARTICLE XV

Abandonment of Merchandise

SECTION 1320. Abandonment of imported merchandise. – The owner of any imported merchandise may, within ten days after entry, abandon to the Government all or a part of the merchandise included in an invoice, and be relieved from the payment of duties thereon, provided the portion so abandoned shall amount to ten per centum or more of the total of the invoice, and be not less than one package. The property so abandoned shall be delivered by the importer at such place within the port of arrival as the collector of customs may direct; and on the failure of the importer to comply with the directions of the collector in this respect, the importer shall be liable for any expense incident to the disposition of the property.

[2657–1471.]

SECTION 1321. When abandonment express and when implied. – Abandonment is said to be express when it is made by the interested party in writing, directed to the collector of customs.

Abandonment is said to be implied when from the verbal statements, actions, or omissions of the interested party an intention to abandon is clearly indicated.

[2657–1472.]

SECTION 1322. Effect of abandonment. – By abandonment the party by whom the abandonment is made renounces his interest and property right in the merchandise.

[2657–1473.]

SECTION 1323. When implied abandonment takes effect – Notice. – An implied abandonment shall not take effect until the property shall be declared by the collector to have been abandoned and notice given to the party in interest as in seizure cases.

[2657–1474.]

SECTION 1324. Right of owner to reclaim property. – When the interested party appears, in case of an implied abandonment, at any time before the abandoned property has been sold or otherwise disposed of, he shall be allowed to reclaim the property upon payment of the corresponding duties, storage charges, and other expenses which have been incurred by the merchandise.

[2657–1475.]

ARTICLE XVI

Derelict and Wrecked Merchandise

SECTION 1325. Forwarding of cargo and remains of wrecked vessel. – When vessels are wrecked in the waters of the (Philippine Islands) Philippines, application must be made to the Insular Collector by the original owners or consignees of the cargo, or by the underwriters, in case of abandonment to them, for permission to forward the goods saved from the wreck to the ports of destination, in other conveyances, without entry at the customhouse in the district in which the merchandise was cast ashore or unladen. On receipt of such permission, the merchandise may be so forwarded, with particular manifests thereof, duly certified by the customs officer in charge of the goods.

If the owner of the vessel wishes to export the remains of the wreck, he may be permitted to do so upon proper examination and inspection.

The remains of a wrecked vessel shall be considered to be not only the hull and rigging of the same but also all ship’s stores and articles of equipment, such as sails, ropes, chains, anchors, and so forth.

[2657–1476.]

SECTION 1326. Derelict and wrecked merchandise. – All merchandise picked up at sea, derelict, or recovered from abandoned wrecks, shall be taken possession of in the port or district where it shall first arrive, and be retained in the custody of the collector, and if not claimed and entered, as it may be, by the owner, underwriter, or salvor, shall be dealt with as unclaimed property.

When such goods are brought into port by lighters or other craft each such vessel shall make entry by manifest of her cargo.

If, in case of a wreck, there be no customhouse at the point where the vessel is wrecked, the coastguard or customs official nearest the scene of the wreck shall render all possible aid in saving the crew and cargo of the vessel, taking charge of the merchandise saved and giving immediate notice to the nearest customhouse.

In order to prevent any attempt to defraud the revenue, the collector shall be represented at the saving of the cargo by customs inspectors detailed for that purpose, who shall examine and countersign the inventory made of such cargo, receiving an authorized copy of the same.

Merchandise and salvage from foreign vessels picked up at sea, derelict, or taken from a wreck, is prima facie dutiable and may be entered for consumption or warehousing. If claimed to be of Philippine production, and consequently free, proof must be adduced as in ordinary cases of reimportation of merchandise. Foreign merchandise landed from a vessel in distress is dutiable if sold or disposed of in the (Philippine Islands) Philippines.

Before any merchandise which has been taken from a recent wreck shall be admitted to entry, the same shall be appraised, and the owner or importer shall have the same right of appeal as in other cases.

No part of a Philippine vessel or her equipment, wrecked either in Philippine or foreign waters, shall be subject to duty.

[2657–1477.]

SECTION 1327. Restoration of vessel to navigation. – Where the derelict or wrecked vessel is refitted for navigation she may, upon compliance with the necessary procedure, become a Philippine vessel or be cleared to a foreign port.

[2657–1478.]

SECTION 1328. Person qualified to make oath as master of derelict. – Any person bringing in a derelict vessel, whether alien or not, may take the master’s oath.

[2657–1479.]

ARTICLE XVII

Search, Seizure, and Arrest

SECTION 1329. Persons having police authority. – For the effectuation of the customs laws, the following persons are authorized to effect searches, seizures, and arrests conformably with the provisions of said laws:

(a) (Insular) National officials of the Bureau of Customs, collectors of customs, deputy collectors, surveyors, inspectors, and secret-service agents of the Bureau of Customs.

(b) Officers of any revenue cutter.

(c) Any person thereunto especially authorized in writing by the Insular Collector.

(d) Officers generally empowered by law to effect arrests and execute the process of courts, when acting under direction of a collector of customs.

(e) Any person thereunto especially authorized by a collector of customs, subject to the restrictions stated in the next succeeding section hereof.

Persons exercising the powers hereinabove conferred shall, in the exercise thereof, have the same authority, be entitled to the same protection, and be governed by the same rules of law, not inconsistent with the provisions of this article, as other officers exercising police power in general.

[2657–1480.]

SECTION 1330. Place where authority may be exercised. – Persons acting under authority conferred pursuant to subsection (e) of the preceding section may exercise their authority within the limits of the collection district only and in or upon the particular vessel, or in the particular place, or in respect to the particular merchandise specified in the appointment. All such appointments shall be in writing, and the original shall be filed in the customhouse of the district where made.

All other persons exercising the powers hereinabove contemplated may exercise the same at any place within the jurisdiction of the Bureau of Customs.

[2657–1481.]

SECTION 1331. Exercise of power of seizure. – It shall be within the power of a customs officer or person authorized as aforesaid, and it shall be his duty, to make seizure of any vessel, cargo, merchandise, animal, or other species of movable property when the same is subject to forfeiture or liable for any fine imposed under the customs laws, and also to arrest any person subject to arrest for a violation of any customs law, such power to be exercised in conformity with the law and the provisions of this chapter.

[2657–1482.]

SECTION 1332. Duty of officer to disclose official character. – It shall be the duty of any person exercising authority as aforesaid, upon being questioned at the time of the exercise thereof, to make known his official character as an officer of the Government, and if his authority is derived from special authorization in writing to exhibit the same for inspection, if demanded.

[2657–1483.]

SECTION 1333. Authority to require assistance. – Any one exercising police authority under the customs laws may demand assistance of any person within the distance of three miles, where such assistance shall be necessary to effect any search, seizure, or arrest which may be lawfully made or attempted by him; and in the exercise of such power the protection of the law shall extend to all persons acting with him or under his directions. It shall be the duty of any person upon whom such requisition is made to give such lawful assistance in the matter as may be required.

[2657–1484.]

SECTION 1334. Right of police officer to enter inclosure. – For the more effectual discharge of his official duties, any person exercising the powers contemplated in this article may, either in the night or in the day time, enter, pass through, or search any land or inclosure or any warehouse, store, or other building, not being a dwelling house proper.

A warehouse, store, or other building or inclosure used for the keeping or storage of goods does not become a dwelling house within the meaning hereof merely by reason of the fact that a person employed as watchman lives in the place, nor will the fact that his family stays there with him alter the case.

[2657–1485.]

SECTION 1335. Search of dwelling house. – A dwelling house may be entered and searched only upon warrant issued by a judge or justice of the peace, upon sworn application showing probable cause and particularly describing the place to be searched and the person or thing to be seized.

[2657–1486.]

SECTION 1336. Right to search vessels and persons or merchandise conveyed therein. – It shall be lawful for any officer or person exercising police authority under the provisions of this article to go aboard any vessel within the limits of any collection district of the (Philippine Islands) Philippines, and to inspect, search, and examine the same, and any person, trunk, package, box, or envelope on board, and to this end to hail and stop such vessel if under way, to use all necessary force to compel compliance; and if it shall appear that any breach or violation of the laws of the (Philippine Islands) Philippines has been committed, whereby or in consequence of which such vessels, or the merchandise, or any part thereof, on board of or imported by such vessel, is liable to forfeiture, to make seizure of the same or any, part thereof.

The power of search hereinabove given shall extend to the removal of any false bottom, partition, bulkhead, or other obstruction, so far as may be necessary to enable the officer to discover whether any dutiable or forfeitable object may be concealed by the same.

No proceeding hereunder shall give rise to any claim for the damage thereby caused to merchandise or vessel.

[2657–1487.]

SECTION 1337. Right to search vehicles, beasts, and persons. – It shall also be lawful for a person exercising authority as aforesaid to open and examine any box, trunk, envelope, or other container, wherever found, in which he may have reasonable cause to suspect the presence of dutiable merchandise or merchandise introduced into the (Philippine Islands) Philippines contrary to law, and likewise to stop, search, and examine any vehicle, beast, or person reasonably suspected of holding or conveying such merchandise as aforesaid.

[2657–1488.]

SECTION 1338. Search of persons arriving from foreign countries. – All persons coming into the (Philippine Islands) Philippines from foreign countries shall be liable to detention and search by the customs authorities under such regulations as may be prescribed relative thereto.

Female inspectors may be employed for the examination and search of persons of their own sex.

[2657–1489.]

ARTICLE XVIII

Administrative Fines and Forfeitures

SECTION 1339. Unlawful navigation of unregistered vessel. – When any vessel shall be unlawfully used or navigated in Philippine waters without having been first duly registered in the Bureau of Customs, or application therefor made as required by law, such vessel shall be fined in a sum not exceeding double the annual license fee for which the vessel is liable.

[2657–1490.]

SECTION 1340. Vessel engaging in coastwise trade without license. – Any vessel engaging in the coastwise trade, without having procured the requisite license therefor, shall, if laden with merchandise of the growth, product, and manufacture of the (Philippine Islands) Philippines only, or in ballast, be fined in a sum not exceeding one thousand pesos.

[2657–1491.]

SECTION 1341. Vessel navigating without complement of officers. – If any Philippine vessel shall navigate without its full complement of duly licensed or certificated officers, the same not being due to an emergency beyond control of the master, owner, or agent, such vessel shall be fined, not oftener than once in thirty days, in a sum not exceeding one thousand pesos.

[2657–1492.]

SECTION 1342. Vessel entering closed port. – Any vessel entering a place closed to the coastwise trade by proclamation of the (Governor-General) President of the Philippines, not being impelled thereto by stress of weather or other necessity, shall be fined in a sum not exceeding one thousand pesos.

[2657–1493.]

SECTION 1343. Vessel engaging in bay and river business without license. – A vessel engaging in the business of towing or of transporting passengers or freight in any harbor, bay, river, or any inland water navigable from the sea, without having procured the requisite license therefor, shall be fined in a sum not exceeding five hundred pesos.

[2657–1494.]

SECTION 1344. Vessel departing before entry made. – If a vessel arriving within the limits of a collection district from a foreign port shall depart or attempt to depart before entry shall be made, the same not being due to stress of weather, pursuit or duress of enemies, or other necessity, such vessel shall be fined in a sum not exceeding one thousand pesos.

[2657–1495.]

SECTION 1345. Obstruction of boarding officer. – If the master of any vessel arriving at a Philippine port shall obstruct or hinder any officer in lawfully going on board such vessel for the purpose of carrying into effect any of the customs laws, or shall intentionally cause any such officer to be so obstructed or hindered, the vessel shall be fined in a sum not exceeding one thousand pesos.

[2657–1496.]

SECTION 1346. Unlawful boarding or leaving of vessel. – If the master of any vessel engaged in the foreign trade, upon arriving at a Philippine port, shall permit any person unlawfully to board or leave the vessel without the permission of the customs officer in charge, such vessel shall be fined in a sum not exceeding two hundred pesos.

Any vessel which goes alongside of such arriving vessel and puts any person aboard thereof or takes any person therefrom, except as allowed by law or regulation, shall be subject to the same fine.

[2657–1497.]

SECTION 1347. Failure to deliver or receive mail. – If the master of a vessel arriving at a Philippine port shall fail or refuse to deliver to the postmaster of the nearest post office, as by law or contract required, all mail matter on board such vessel and destined for the particular port, the vessel shall be fined in a sum not exceeding two hundred pesos.

When any vessel which is required by law or contract to carry mail matter departs from a port or place where mail should be received, without giving the postmaster or other postal official a reasonable opportunity to deliver to the vessel, or its proper officer, or agent, any mail matter addressed to or destined for the port or place to which the vessel is bound, such vessel shall be subject to the same fine as in the preceding paragraph provided.

[2657–1498.]

SECTION 1348. Unauthorized removal of life-saving equipment. – When any life-saving equipment shall be removed from a Philippine vessel contrary to law or regulation, such vessel shall be fined in a sum not exceeding one thousand pesos.

[2657–1499.]

SECTION 1349. Unlading of cargo before arrival at port of destination. – If, after the arrival of any vessel bound to the (Philippine Islands) Philippines from a foreign port within the limits of any collection district of the (Philippine Islands) Philippines, the master shall permit any part of the cargo to be unladen before her arrival at her port of destination, and without authority from a proper customs officer, such vessel shall be fined in a sum not exceeding one thousand pesos, unless the unlading was rendered necessary by stress of weather, accident, or other necessity; and if due to necessity, the subsequent approval of the proper collector of customs must be obtained.

[2657–1500.]

SECTION 1350. Unlading of cargo at improper time or place after arrival. – When any vessel, after arrival at her port of destination in the (Philippines Islands) Philippines, shall discharge cargo at any other time or place than such as shall be designated by the collector of customs, such vessel shall be fined in a sum not exceeding two thousand pesos.

[2657–1501.]

SECTION 1351. Failure to produce members of crew. – When the master of a Philippine vessel returning from abroad shall fail to produce and have forthcoming, as by law required, all members of the crew listed in the vessel’s shipping articles, the vessel shall be fined in the sum not exceeding five hundred pesos for each member absent and unaccounted for.

[2657–1502.]

SECTION 1352. Failure to exhibit or deposit documents. – When the master of a vessel engaged in foreign trade fails to exhibit to the collector at the time of entry of his vessel the register, or other paper in lieu thereof, together with the clearance and other papers granted by the customs officials to his vessel at the port of departure for the (Philippine Islands) Philippines, or fails to exhibit any certificate or other document required to be then exhibited, such vessel shall be fined in a sum not exceeding one thousand pesos.

Such vessel shall also be liable to the aforesaid fine if the master, within forty-eight hours after arrival, shall fail to deliver to the proper consular officer of his nation such documents as are required by law to be deposited with him, or if after having made such deposit, the master shall fail to produce to the Insular Collector the required evidence that the same has been effected.

[2657–1503.]

SECTION 1353. Bringing of unmanifested arms or explosives. – Any vessel arriving at a port in the (Philippine Islands) Philippines, having firearms, gunpowder, cartridges, dynamite, or any other class of explosives or munitions of war concealed on board his vessel or not contained in the ship’s manifest, shall be liable to a fine of not exceeding four thousand pesos.

[2657–1504.]

SECTION 1354. Failure to supply requisite manifests. – If any vessel shall enter or depart from a port of entry without the submission of proper manifests to the customs authorities, or shall enter or depart conveying unmanifested cargo other than as stated in the next preceding section hereof, such vessel shall be fined in a sum not exceeding five thousand pesos.

The same fine shall be imposed upon any arriving or departing vessel if the master shall fail to deliver or mail to the (Insular) Auditor General a true copy of the manifest of the incoming or outgoing cargo, as required by law.

[2657–1505; 3702–1.]

SECTION 1355. Disappearance of manifested article. – When any package or article named on the manifest shall not be duly forthcoming on the arrival of the vessel, the vessel shall be fined in a sum not exceeding five hundred pesos, unless it shall appear that the entry was erroneous and was made without fraudulent intent or that the disappearance of the package or article in question was not due to the negligence of the vessel.

The vessel shall be liable to the same fine when a package or article listed in the manifest is found to disagree materially in marks, character, or otherwise with the description thereof in the manifest.

[2657–1506.]

SECTION 1356. Discrepancy between actual and declared weight of manifested article. – If the gross weight of any article or package described in the manifest of an importing vessel is found to exceed by more than ten per centum the gross weight as declared in the manifest or bill of lading thereof, and the collector shall be of opinion that such discrepancy was due to the carelessness or incompetency of the master, owner, or employee of the vessel, a fine of not more than twelve and one-half per centum of the value of the package or article in respect to which the deficiency exists may be imposed upon the importing vessel.

[2657–1507.]

SECTION 1357. Delivery of cargo not agreeing with master’s report. – When a vessel from a foreign port is compelled by necessity to put into another port than the port of her destination and permission is granted by the collector of customs for the unlading of the vessel or the delivery of any part of her cargo, and it shall be found that the delivery of the cargo does not agree with the master’s report, and the discrepancy is not satisfactorily explained, the vessel shall be fined in a sum not exceeding one thousand pesos.

[2657–1508.]

SECTION 1358. Breaking of seal placed by customs officer. – If any seal placed by a customs officer upon any vessel, or compartment thereof, or upon any box, trunk, or other package of merchandise on board of any vessel, shall be broken or destroyed, the vessel shall be fined in a sum not exceeding one thousand pesos for each seal so broken or destroyed.

[2657–1509.]

SECTION 1359. Breaking of lock or fastening placed by customs officer. – If any lock or other fastening placed by a customs officer upon any hatch, door, or other means of communication with the hold of a vessel, or other part thereof, for the security of the same during the nighttime, shall be unlawfully opened, broken, or removed, or if any of the merchandise or packages contained in the hold or in other compartment so secured shall be clandestinely abstracted and landed, the vessel shall be fined in a sum not exceeding one thousand pesos.

[2657–1510.]

SECTION 1360. Disappearance of trunk or package specially noted by customs officer. – When any box, trunk, or other package of merchandise shall be found by a customs officer on any incoming vessel separate from the residue of the cargo or in any unusual or improper place on such vessel and the same shall be noted by him, with proper description, and the attention of the master or other responsible officer of the vessel shall be directed thereto, the vessel shall be fined in a sum of not exceeding four hundred pesos for every such package which may subsequently be missing and unaccounted for upon the arrival of the vessel at the port of entry.

[2657–1511.]

SECTION 1361. False statement of vessel’s destination. – When the master of a vessel laden with merchandise and arriving from a foreign port shall make a false statement as to the next destination of such vessel, when information concerning the same is required of him by a customs officer, such vessel shall be fined in a sum not exceeding one thousand pesos; and the circumstance that a vessel after clearing for a certain port of destination, goes to some other port, not being impelled thereto by necessity, shall be prima facie proof that the original statement of the vessel’s actual destination was false.

[2657–1512.]

SECTION 1362. Injury to buoys and beacons. – When any buoy or beacon maintained in Philippine waters shall be damaged, misplaced, or destroyed by reason of any vessel or other floating object being made fast thereto, or as a consequence of the negligent navigation or control thereof, such offending vessel, or the owner or person in control of other object by which the damage is caused, shall be subject to a fine of not more than two hundred pesos, to which may be added the expense of repairing or replacing the same.

[2657–1513.]

SECTION 1363. Property subject to forfeiture under customs laws. – Vessels, cargo merchandise, and other objects and things shall, under the conditions hereinbelow specified, be subject to forfeiture:

(a) Any vessel, including cargo which shall be unlawfully engaged in the importation of merchandise into any Philippine port or place except a port of entry; and any vessel which, being of less than thirty tons burden, shall be engaged in the importation of merchandise into any Philippine port or place whatever, except into a port of the Sulu Sea where importation in such vessel may be authorized by the Insular Collector, with the approval of the Department Head.

(b) Any vessel engaging in the coastwise trade without license which shall have on board merchandise of foreign growth, product, or manufacture beyond the amount necessary for sea stores, the same not having been properly entered or legally imported.

(c) Any vessel to which shall be transferred cargo unladen contrary to law prior to the arrival of the importing vessel at her port of destination.

(d) Any part of the cargo of a vessel arriving from a foreign port which shall be unladen before arrival at the vessel’s port of destination and without authority from the proper customs official; but the forfeiture shall not occur if such unlading, shall be due to accident, stress of weather, or other necessity and the subsequent approval of a collector shall be obtained in the manner required by law or regulation.

(e) Any merchandise which shall be fraudulently concealed in or removed from any public or private warehouse under customs supervision.

(f) Any merchandise of prohibited importation or exportation, the importation or exportation of which is effected or attempted contrary to law.

(g) Unmanifested merchandise found on any vessel, a manifest therefor being required.

(h) Sea stores adjudged by the collector to be excessive, when the duties assessed by the collector thereon are not paid or secured forthwith upon assessment of the same.

(i) Any package of imported merchandise which is found by the examining officer to contain any article not specified in the invoice, provided the collector of customs is of the opinion that the omission of such article from the invoice was caused with fraudulent intent.

(j) Boxes, cases, trunks, envelopes, and other containers of whatever character which shall be used as the receptacle to contain or conceal merchandise which is itself subject to forfeiture under the customs laws or which is designed be misleading as to the character of such merchandise.

(k) Any beast actually being used for the conveyance of merchandise forfeitable under the customs laws, with its equipage or trappings, and any vehicle similarly used, together with its equipage and appurtenances, including the beast, team, or other motive power drawing or propelling the same; but the forfeiture shall not occur unless it appears that the owner of the means of conveyance used as aforesaid, or his agent in charge thereof at the time, was cognizant of the unlawful act.

(l) Any money or thing of value offered as a bribe or for the purpose of exerting improper influence over a customs officer or employee.

(m) Any merchandise the importation or exportation of which is effected or attempted in any of the ways or under any of the conditions hereinbelow described:

1. Upon importation or exportation, either consummate or frustrate, without going through a customhouse.

2. Upon the failure of a person entering merchandise which has arrived from abroad in baggage to declare the same before the proper customs officer.

3. Upon the wrongful making by the owner, importer, exporter, or consignee of any merchandise, or by the agent of either, of any false declaration or affidavit, touching such merchandise and in connection with the importation or exportation of the same.

4. Upon the wrongful making or delivery by the same person or persons, of any false invoice, letter or paper touching such merchandise and in connection with the importation or exportation of the same.

5. Upon the causing or procurance, by the same person or persons, of any merchandise to be entered or passed at any customhouse by any other fraudulent practice, device, or omission by means whereof the Government is or might be deprived of its lawful duties on such merchandise.

[2657–1514; 3856–1.]

SECTION 1364. Conditions affecting forfeiture of merchandise. – As regards imported and exported merchandise, or merchandise whereof the importation or exportation is merely attempted, the forfeiture shall occur only when and while the merchandise is in the custody of the customs authorities or in the hands or subject to the control of the importer, exporter, original owner, consignee, agent, or other person affecting the importation, entry or exportation in question, or in the hands or subject to the control of some person who shall receive, conceal, buy, sell, or transport the same, or aid in any of such acts, with knowledge that the merchandise was imported, or was the subject of an attempt at importation or exportation, contrary to law.

[2657–1515.]

SECTION 1365. Imposition of fine in lieu of forfeiture. – Where property is subject to forfeiture, the Insular Collector may, if in his opinion the public interests so require, waive the forfeiture and in lieu thereof impose a fine upon the property in such amount as the nature of the case shall indicate as proper.

[2657–1516.]

SECTION 1366. Enforcement of administrative fines and forfeitures. – Administrative fines and forfeitures shall be enforced by seizure of the vessel or other property subject to the fine or forfeiture in question and by subsequent proceedings in conformity with the provisions of articles nineteen and twenty of this chapter.

[2657–1517.]

SECTION 1367. Seizure of vessel for delinquency of owner or officer. – When the owner, agent, master, or other responsible officer of any vessel shall become liable to be fined under the customs laws on account of a delinquency in the discharge of a duty imposed on him with reference to the vessel in question, the vessel itself may be ruined and subjected in an administrative proceeding to the satisfaction of the fine to which such responsible party would have been subject.

[2657–1518.]

ARTICLE XIX

Administrative and Judicial Proceedings

SECTION 1368. Supervision and control over judicial proceedings. – In the absence of special provision, judicial actions and proceedings instituted on behalf of the Government under the authority of the customs laws shall be subject to the supervision and control of the Insular Collector.

[2657–1519.]

SECTION 1369. Authority of Insular Collector to make compromises. – The Insular Collector of Customs may compromise any case or proceeding arising under the customs laws, and may refund money erroneously or illegally received, or fines imposed without authority.

[2657–1520.]

SECTION 1370. Protest and payment upon protest in civil matters. – When a ruling or decision of a customs officer is made in any civil matter whereby liability for duties, fees, or other money charge is settled or determined – not including the fixing of fines in seizure cases – the party adversely affected by such action may make protest by presenting to the collector of customs, at the time when payment of the amount claimed to be due the Government is made, or within thirty days thereafter, a written protest setting forth his objections to the ruling or decision in question, together with the reasons therefor. No protest shall be received or considered in any such case unless payment of the amount claimed to be due has first been made.

[2657–1521; 3686–1.]

SECTION 1371. Protest exclusive remedy in protestable case. – In any case which is subject to protest, the party interested adversely to the Government is required to make protest, if he desires to have the action of the collector reviewed; and if he does not pursue this remedy the action of the collector shall be final and conclusive against him, unless the matter be correctable for manifest error in the manner prescribed in section one thousand three hundred hereof.

[2657–1522.]

SECTION 1372. Form and scope of protest. – Every protest shall point out the particular decision or ruling of the collector to which exception is taken or objection made, and shall indicate with reasonable precision the particular ground or grounds upon which the protesting party bases his claim for relief.

The scope of a protest shall be limited to the subject matter of a single adjustment or other independent transaction; but any number of issues may be raised in a protest with reference to the particular item or items constituting the subject matter of the protest.

“Single adjustment,” as hereinabove used, has reference to the entire content of one liquidation, including all duties, surcharges, or fines incident thereto.

[2657–1523.]

SECTION 1373. Samples to be furnished by protesting parties. – Importers filing protests involving questions of fact must, if the nature of the merchandise permits, upon demand, supply the collector with samples of the merchandise covered thereby. Such samples shall be verified by the officer who is immediately responsible for the classification against which the protests are filed, and shall be transmitted to the Insular Collector with the protests to which they belong.

[2657–1524.]

SECTION 1374. Warrant for detention of property – Bond. – Upon the making of any seizure, the collector shall issue a warrant for the detention of the property; and if any proper party in interest desires to secure the release of the property for legitimate use, the collector may surrender it upon the giving of a sufficient bond, in an amount to be fixed by him, conditioned for the payment of any fine, expenses, and costs which may be adjudged in the case.

[2657–1525.]

SECTION 1375. Notification of owner. – The collector of customs shall give a written notice of the seizure to the owner of the property or his agent and shall give to him an opportunity to be heard in reference to the delinquency which was the occasion of such seizure.

For the purpose of giving such notice and for the purposes of all other proceedings in the matter of such seizure, the importer, consignee, or person holding the bill of lading shall be deemed to be the “owner” of the merchandise included in the bill.

For the same purposes “agent” shall be deemed to include not only any agent in fact of the owner of the seized property but also, if the owner or his agent in fact is unknown or cannot be reached, any person having responsible possession of the property at the time of the seizure.

[2657–1526.]

SECTION 1376. Notification of unknown owner. – Notice to an unknown owner shall be effected by the posting of notice in writing for ten days in the public corridor of the customhouse of the district in which the seizure was made, and in the discretion of the Insular Collector by such publication in a newspaper or by such other notice as he shall consider desirable.

[2657–1527.]

SECTION 1377. Description and appraisement of seized property. – The collector shall also cause a list and particular description of the property seized to be prepared and an appraisement of the same at its value in the local market to be made by at least two appraising officers under the revenue laws, if there are such officers at or near the place of seizure, but if there are not, then by two competent and disinterested citizens of the (Philippine Islands) Philippines, to be selected by him for that purpose, residing at or near the place of seizure, which list and appraisement shall be properly attested by such collector and the persons making the appraisal.

[2657–1523.]

SECTION 1378. Report of seizure to Insular Collector and Auditor. – When a seizure shall be made for any purpose, the collector of the district wherein the seizure is effected shall immediately make report thereof to the Insular Collector and the (Insular) Auditor General.

[2657–1529.]

SECTION 1379. Action by collector in protest and seizure cases. – When a proper protest is presented in a case where protest is required, the collector shall reexamine the matter thus presented; and if the protest be sustained, in whole or in part, he shall enter the appropriate order, the entry being reliquidated, in case of importations, if necessary.

In seizure cases the collector of customs, after giving a hearing with reference to the offense or delinquency which was the occasion of the seizure, shall in writing make a declaration of forfeiture or fix the amount of the fine which in his opinion should be imposed, or take such other action as may be proper.

[2657–1530.]

SECTION 1380. Review by Insular Collector. – The person aggrieved by the decision of the collector of customs in any matter presented upon protest or by his action in any case of seizure may, within fifteen days after notification in writing by the collector of his action or decision, give written notice to the collector signifying his desire to have the matter reviewed by the Insular Collector.

Thereupon the collector of customs shall forthwith transmit all the papers in the cause to the Insular Collector, who shall approve, modify, or reverse the action of his subordinate and shall take such steps and make such order or orders as may be necessary to give effect to his decision.

[2657–1531.]

SECTION 1381. Proceedings in case of property belonging to unknown parties. – If, within ten days after any seizure, no owner or agent can be found or appears before the collector of customs to claim the property, the collector of customs, after fixing the amount of the fine which his judgment ought to be imposed, or making a declaration of forfeiture, as the case may require, shall forthwith transmit all the papers in the cause to the Insular Collector, by whom appropriate action shall be taken in the premises.

[2657–1532.]

SECTION 1382. Notice of decision of Insular Collector. – Written notice of the decision made by the Insular Collector shall be given to the party or parties by whom the cause was brought before him for review, and in seizure cases such notice shall be effectuated by personal service, if practicable.

[2657–1533.]

SECTION 1383. Review in Court of First Instance. – The party aggrieved by the decision of the Insular Collector in any matter brought before him upon protest or by his action or decision in any case of seizure may procure the cause to be removed for review into the Court of First Instance sitting in the City of Manila, in the manner and within the period hereinafter prescribed.

Unless the proper party in interest shall procure the cause to be thus removed into court for review, the action or decision of the Insular Collector shall be final and conclusive against him.

[2657–1534.]

SECTION 1384. By whom cause may be removed into court. – The removal of a cause into court may be had at the instance of the protesting party or, in case of seizure, at the instance of the owner or agent of the seized property. If the decision of the Insular Collector is adverse to the Government, the cause may also be removed, in the manner hereinafter specified, by order of the Department Head.

[2657–1535.]

SECTION 1385. Procedure incident to removal of cause into court. – A party other than the Government, desiring a removal into court shall, within fifteen days after notification of the decision of the Insular Collector, give notice in writing either directly to the Insular Collector or to the collector of customs of the port where the controversy arose, signifying his desire to have the cause reviewed in the Court of First Instance at Manila. He shall also, within the same period, pay to the same officer the filing fee of the Court of First Instance.

The collector of customs shall thereupon, in cases where the notice is given to him, forward such notice and the filing fee to the Insular Collector; and the latter shall forthwith transmit the same to the clerk of the Court of First Instance in the City of Manila, as he shall also do in cases where the notice is given and fee paid directly to himself, and in either event he shall transmit therewith to said clerk all the papers in the cause, including, in case of importations, the entry, invoices, exhibits, and other documents connected therewith.

[2657–1536.]

SECTION 1386. Removal upon order of Department Head. – Upon making any decision which may be removed upon the order of the Department Head, the Insular Collector shall immediately transmit a copy of such decision to him and also to the (Insular) Auditor General; and if within fifteen days thereafter the Department Head shall certify that in his opinion the decision ought to be revised by the Court of First Instance in the City of Manila, it shall be the duty of the Insular Collector, upon notification thereof to transmit the original record to said court in the same manner as upon removal by a party other than the Government.

[2657–1537.]

SECTION 1387. Determination of cause by Court of First Instance at Manila. – A cause removed to the Court of First Instance at Manila, as above contemplated, shall be deemed to be at issue upon the filing of the record therein and the giving of due notice to the adverse party when the removal is effected by the Government.

[2657–1538.]

SECTION 1388. Settlement of cause by payment of fine or redemption of forfeited property. – If, in any seizure case, the owner or agent shall, while the cause is yet before the collector of the district of seizure, pay to such collector the fine imposed by him or, in case of forfeiture, shall pay the appraised value of the property, or if after removal of the cause, he shall pay to the Insular Collector the amount of the fine as finally determined by him or, in case of forfeiture, shall pay the appraised value of the property, such property shall be forthwith surrendered, and all liability which may or might attach to the property by virtue of the offense which was the occasion of the seizure and all liability which might have been incurred under any bond given by the owner or agent in respect to such property shall thereupon be deemed to be discharged.

Redemption of forfeited property shall not be allowed in any case where the importation is absolutely prohibited or where the surrender of the property to the person offering to redeem the same would be contrary to law.

[2657–1539.]

SECTION 1389. Right of protest in such cases. – Where payment is made or redemption effected as allowed under the preceding section, the party making payment or effecting the redemption may, if he desires to test the validity of the proceedings, make formal protest at the time of making such payment or effecting such redemption, or within fifteen days thereafter, and make claim for the repayment of the whole or any part of the sum so paid by him, whereupon the proceedings shall take the same course as in ordinary cases of protest against customs duties and charges generally.

[2657–1540.]

SECTION 1390. Disposition of cases arising at port of Manila. – In cases which arise at the port of Manila the rulings and decisions therein, made by the Insular Collector in the exercise of the functions of collector of customs of the port, shall be removable immediately to the Court of First Instance in the City of Manila under the same conditions as cases which come to him for review from other ports; and the same provisions concerning the time and manner of the transfer of the cause shall apply so far as the same may be applicable.

[2657–1541.]

SECTION 1391. Precedence of customs cause in Court of First Instance. – A customs cause removed into the Court of First Instance in the City of Manila shall be set for advanced hearing as the exigency of the matter may require and shall be determined upon the record, including the competent proof already taken, and such other evidence as either party may see fit to adduce, – all subject to the same right of exception and appeal to the Supreme Court, by either party, as in other cases.

[2657–1542.]

SECTION 1392. Duty of Attorney-General to render assistance in court causes. – When the Insular Collector so requests, it shall be the duty of the Attorney-General, or some person detailed from his office for that purpose, to aid in the presentation of cases before the Court of First Instance.

[2657–1543.]

SECTION 1393. Supervisory authority of Insular Collector and of Department Head in certain cases. – If in any case involving the assessment of duties the importer shall fail to protest the decision of the collector of customs and the Insular Collector shall be of the opinion that the decision was erroneous and unfavorable to the Government, the latter may order a reliquidation; and if the decision of the Insular Collector in any unprotested case should, in the opinion of the Department Head, be erroneous and unfavorable to the Government, the Department Head may require the Insular Collector to order a reliquidation or he may, if in his opinion the public interest requires, direct the Insular Collector to certify the cause to the Court of First Instance at Manila, in the manner provided in section one thousand three hundred and eighty-six hereof, there to be reviewed by the court as other customs cases removed thereto.

Except as in the preceding paragraph provided the supervisory authority of the Department Head over the Bureau of Customs shall not extend to the administrative revisal of the decisions of the Insular Collector in matters removable into court.

[2657–1544.]

ARTICLE XX

Sale or Other Disposition of Property in Customs Custody

SECTION 1394. Place for sale or other disposition of property. – Property within the purview of this article shall be sold, or otherwise disposed of, upon the order of the collector of customs of the port where the property in question may be held, unless the Insular Collector shall direct its conveyance for such purpose to some other port.

[2657–1545.]

SECTION 1395. Property subject to sale. – Property in customs custody shall be subject to sale under the conditions hereinbelow expressed:

(a) Abandoned merchandise.

(b) Bonded merchandise upon which the duties have not been paid within the period prescribed by law.

(c) Merchandise of which entry is not made within the period allowed therefor; or which, having been entered, is not claimed within the ninety days allowed for the payment of duties.

(d) Seized property, other than contraband, after liability to sale has been established by proper administrative or judicial proceedings in conformity with the provisions of this chapter.

(e) Any merchandise upon which there is a valid lien for customs duties, internal-revenue tax, or other dues or charges enforcible by the Bureau of Customs, after the expiration of the period allowed for the satisfaction of the same.

[2657–1546.]

SECTION 1396. Mode of sale. – In the absence of special provision, property subject to sale by the customs authorities shall be sold at public auction after ten days’ notice conspicuously posted at the port and such other advertisement as may appear to the collector to be advisable in the particular case.

[2657–1547.]

SECTION 1397. Disposition of proceeds. – From the proceeds of property sold by the customs authorities the following charges shall be paid in the order named:

(a) The expenses of appraisal, advertisement, and sale.

(b) Storage dues.

(c) Duties at tariff rates for all except abandoned and forfeited goods.

(d) Any other charges due the Government in connection with the goods.

(e) Any sum of freight, lighterage, or general average, on the voyage of importation, of which due notice shall have been given to the collector.

[2657–1548.]

SECTION 1398. Disposition of surplus. – In the case of abandoned and forfeited goods no part of the surplus proceeds shall be returned to the owner of the merchandise. In case of the sale of other property, any surplus remaining after the satisfaction of all lawful charges as aforesaid shall be paid by the collector to the owner, if known, otherwise it shall be retained by the collector for ten days subject to the call of the owner. Upon the failure of the owner to make demand within this period, the collector shall deposit such surplus with the (Insular) Treasurer of the Philippines as a special deposit, to be paid to the proper claimant demanding the same within one year thereafter, upon such evidence and in such manner as the (Insular) Auditor General shall prescribe.

In all such cases the collector shall fully report his action in the matter, together with all the particulars, to the Insular Collector and to the (Insular) Auditor General.

After one year all such special deposits unclaimed and unpaid shall be covered into the (Insular) National Treasury as customs receipts.

[2657–1549.]

SECTION 1399. Disposition of merchandise liable to deterioration. – Merchandise of a perishable nature shall not be deposited in a bonded warehouse; and, if it is not immediately entered for export or for transportation from the vessel in which imported or entered for consumption and the duties paid thereon, may be sold at public auction, after such public notice, not exceeding three days, as the necessities of the case permit.

When seizure shall be made of property which, in the opinion of the collector, is liable to perish or waste, or to be greatly reduced in value by keeping, or which cannot be kept without great disproportionate expense, whether such property consist of live animals or merchandise, the appraisers, if requested by the collector or officer making the seizure, at the time when such appraisal is made, shall certify in their appraisal their belief that the property seized is liable to speedy deterioration, or that the expense of its keeping will largely reduce the net proceeds of the sale; and in case the appraisers thus certify, such collector may proceed to advertise and sell the same at auction, upon such notice as he shall deem to be reasonable.

The same disposition may be made of any warehoused merchandise when in the opinion of the collector it is likely from depreciation, damage, leakage, or other cause to become insufficient to pay the duties and other charges corresponding thereto, if it should be permitted to remain and be subjected to sale in usual course.

[2657–1550.]

SECTION 1400. Disposition of things injurious to public health. – When merchandise, which in the opinion of the collector constitutes a menace to public health, shall be seized or otherwise come into the custody of the Bureau of Customs, the collector of the port shall, if the matter is not disposable under the provisions of law relating to food and drugs, appoint a board of three to examine the merchandise. In the absence of controlling reason, one member of this board shall be a representative of the (Philippine Health Service) Bureau of Health or the local health officer, the other two being responsible officers of the Bureau of Customs and at least one an appraiser. Such board shall examine said merchandise, and if the same shall be found to be unfit for use or sale or a menace to the public health, the board shall so report in writing to the collector, who shall forthwith approve its destruction in such manner as the case may require.

If such merchandise is found to be fit for use or sale and to have commercial value, it shall be disposed of in the manner provided for perishable property.

The health authorities at port of entry shall collaborate with collectors of customs upon such occasions with all reasonable dispatch.

[2657–1