Section 13
SEC. 13. A president, vice-president, or councilor shall be a duly , qualified elector of the province, and shall have a legal residence therein for one year prior to the election.
Act No. 1397 CHAPTER III.
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Section 14
SEC. 14. A secretary shall be able to read, write, and speak intelligently a local1 dialect generally understood in the township, and the Spanish or English language.
Section 15
SEC. 15. In no case shall there be elected, or appointed to a( township office ecclesiastics; soldiers in active service; persons receiving salaries from provincial, departmental, or governmental funds; those who are delinquent in the payment of public taxes assessed after the passage of this Act; or contractors for public works within the province.
Section 17
SEC. 17. Every township officer charged with the custody of public funds or property shall, before entering upon the duties of his office, execute a bond' to the township with two or more sureties, the amount of which bond and the sufficiency of which sureties shall be approved by the president and by the provincial treasurer in writing indorsed thereon, and by the council by a recorded vote. A copy of the bond and the approval of the same shall be spread r upon the minutes of the council. The bond shall be fixed at a penal sum of not less than half of the amount of the aggregate revenue which will probably come info the custody of such officer during the current year, and shall be conditioned for the faithful performance of the duties of the office and the payment as required, by law of all moneys received by such officer for and in behalf of the township. The bond shall be filed in the office of the provincial treasurer, who shall carefully preserve the same. Should suit be brought on this bond, it shall be no defense to those signing the bond that the above requirements for approval have not been complied with, if in fact, by virtue of such bond, the township officer had entered upon the discharge of his official duties. The requirement that township treasurers shall be bonded may be waived by the provincial treasurer in any township where the township treasurer is the deputy of the provincial treasurer; but if the township treasurer is thus relieved by the provincial treasurer of the necessity of giving bond, the latter official shall be liable upon his own bond for the payment as required by law of all moneys received by such township treasurer for and in behalf of the township.
Section 18
SEC. 18. (a) The president shall be the chief executive of the township. (b) He shall cause the ordinances of the township to be executed, and shall supervise the discharge of official duties of all subordinates. (c) He shall examine and inspect the books, records, and papers of every officer or agent of the township. (d) He shall issue orders relating lo the police or to public safety, and orders for the purpose of avoiding conflagrations, floods, and the effects of storms or other public calamities. (e) He shall draw warrants upon the treasurer for the legitimate payments authorized by the council. (f) He shall assist the provincial treasurer and his deputies in the collection of taxes. (g) He shall be the presiding officer of a court consisting of himself and two councilors to be chosen as hereinafter provided in section thirty-six. The secretary shall be the recording officer of this court, which shall hear and adjudge alleged violations of public ordinances, upon complaint filed by the direction of the president or by a police officer or a private citizen: and, after due trial, in which the accused and his witnesses shall he heard, the president shall, upon conviction of the accused by a majority vote of the members of the court, impose such punishment, either by admonition or by fine or imprisonment, or both such fine and imprisonment, in his discretion, as is provided in subsection (q) of section twenty-nine. In case the person convicted is unable or unwilling to pay such fine he shall satisfy its amount by labor upon public works within the township at the rate per day "to be fixed for each township by the provincial board, with the approval of the Secretary of the Interior first had: Provided, That females shall not be compelled to perform work unsuitable for their sex. (h) Tin's court shall have no jurisdiction in civil cases, except on the implication of interested parties and upon their making an agreement in writing to accept the award of the court, when it may hear and adjudge any case not involving property exceeding in value the sum of two hundred pesos, Philippine currency. The judgment shall be awarded by a majority vote of the members of the court and shall be recorded by the secretary, and shall be final. (i) The members of this court shall receive no compensation for their services. (j) Whenever it shall come to the knowledge of the president that a crime or misdemeanor not within the jurisdiction of the court -provided for in subsection (g) of this section has been committed within the township, the president shall direct the arrest of the alleged offender, shall make a preliminary investigation into the facts, and, if the guilt of the prisoner shall appear probable, shall order the arresting officer to proceed immediately with the prisoner and the president's report of his investigation to the governor of the province. (k) Fines shall be paid in Philippine currency to the treasurer of the township upon the order of the president, and the treasurer shall issue a receipt therefor, which shall be countersigned by the president, who shall, upon countersigning said receipt, record the payment of the fine in the docket prescribed in paragraph (l) of this section : Provided, That if the charge be against a township officer or employee for violating his official duty, the president shall have jurisdiction to suspend him, pending action on such violation by the council; and, if a fine is imposed against such officer, it may lie collected by withholding the requisite amount from such salary as is or may thereafter become due to him. (l) The president shall keep a docket of the trials held by the court provided for in subsection (g), in which shall be recorded in a summary manner the name of the defendant, the charge against him, and the name of the prosecuting witness, the date of the arrest, the date of the trial, the presence of the defendant, and the nature of the judgment, together with the fines collected, if any, in accordance with the judgment. (m) The president shall recommend to the council at any time such measures connected with the public health, cleanliness, or ornament of the township, or the improvement of its finances, as he shall deem expedient. He shall preside at all meetings of the council and shall sign its journal; hut he shall not vote, except in case of a the, when he shall give the casting vote. He shall approve and forward to the provincial board ordinances adopted by the council, unless he shall consider them prejudicial to the public welfare, in which case he shall veto them; but the council may pass an ordinance over the veto of the president by a two-thirds vote of all its members, in which case he shall forward it to the provincial board for action. (n) He shall appoint, by and with the consent of the majority of all the members of the council, the township secretary and all nonelective officers and employees that may be provided for by law or by ordinance, with the exception of the township treasurer, and at any time, for cause, he may suspend any such officer or employee, thus appointed, for a period not exceeding ten clays, which suspension may be continued for a longer period by the council; and, by and with the consent of a majority of all the members of the council, he may remove any such officer or employee: Provided, That, the appointment and removal of the township secretary shall be subject to the approval of the provincial board. (o) The township treasurer shall he appointed by the provincial treasurer, subject to the approval of the provincial hoard, and may be removed from office by the board for cause. Each township treasurer shall render a monthly account of the vouchers covering all his transactions to the provincial treasurer, and shall submit to the Auditor for the Philippine Islands such reports as that officer may require of him. All township treasurers holding office at the time of the passage of this Act shall continue to discharge the duties of their respective offices until a new appointment has been made under its provisions. (p) The president shall make all nominations at the first meeting of the council alter his election, except for those offices in which a vacancy may occur during his term, In case the council shall reject any of the nominations made by him, then it shall be his duty at the next regular meeting of the council to submit the names of other persons for appointment. In case a vacancy occurs in may of the above-named offices during the term of office of the president, he shall submit a nomination to the council at the first regular meeting after the occurrence of the vacancy. (q) During the month of May of each year he shall prepare and make out in duplicate an annual report, in which he shall set forth the most important events which have occurred in the township during the current year. One copy of the report shall be filed in the office of the secretary and the other shall be submitted to the council and thereafter forwarded to the provincial governor on or before the fifteenth day of the following June. (r) He is authorized to use, as a symbol of office, a black cylindrical cane, with gold head, gilt ferrule, and silver cord and tassels.
Section 19
SEC. 19. The vice-president shall: Act as a substitute for the president in case of the absence of the latter or his temporary inability to discharge the duties of his office. In case of a permanent vacancy in the office, of president he shall fill the post for the unexpired portion of the term: and a new vice-president shall be elected by a majority vote of all the members of the council. He shall be an ex officio member of the council, with all the rights of any other member. He is authorized to use, as a symbol of office, a black cylindrical cane, with gold head, gilt ferrule, and black cord and tassels.
Section 20
SEC. 20 The secretary shall he the clerk of the council, whose meetings it shall be his duty to attend. He shall keep a journal of the proceedings of the council and of all records and acts of the township. He shall countersign and certify to the correctness of all warrants ordered by the council to the drawn on the treasury of the township. He shall keep his office in the building where the council meets, or at some place convenient thereto, as the council shall direct. He shall keep a civil register for the township and shall record therein all births, marriages, and deaths, with the respective dates. In case of marriages he shall further record the previous residences of the contracting parties, the name of the person solemnizing the marriage, and the names of the witnesses. In case of deaths the cause of death shall be recorded when known, Physicians and mid wives residing within the limits of the township shall immediately forward to the secretary notification of every birth or death that" occurs under his or her professional observation, together with the necessary information for making the proper entry in the civil register. Every person resident within the limits of the township who is authorized by law to celebrate marriages shall immediately forward to the secretary notification of every marriage which the celebrates, together with the necessary data for properly recording said marriage in the civil register. All entries in the register shall be made by the secretary free of charge, and any failure to forward the information hereby required to be forwarded by physicians, midwives, or persons authorized by law to perform marriages shall he punishable by a fine of not less than fifty nor more than one hundred pesos. He shall issue upon demand of any person a certified copy of any record within his control, and shall be authorized to charge and receive a fee which shall not exceed, for both the writing and-certificate, ten centavos, Philippine currency, per one hundred words. The records shall, during usual business hours, be open to inspection by all residents of the township arid by all officers of the provincial, departmental, and general governments. He shall read all communications from the provincial governor to the president and the council at its next regular meeting t after they are received, unless the matter treated of be urgent, in which case the president shall call a special meeting of the council at which the communication shall be read. Upon request of the president he shall prepare at his dictation and for his signature any official communications which the president may desire to send, or any documents or reports which the president is required to furnish. During the first week of every month he shall forward to the provincial governor true- copies of all records made by him during the preceding month. He shall each year prepare a list of the persons from whom taxes are due, as provided in section fifty-four. On or before the thirty-first day of December of each year be shall prepare a list of the inhabitants of the township, grouping them by barrios and families. This list shall give the name, sex, and approximate age of each person, the amount of taxes paid by him during the current year, and such other details as the provincial governor shall direct. The fact that a man's name has been entered on this list as an inhabitant of a given township shall not restrict his right to transfer his residence to another township. He shall forward to the provincial secretary, on or before c the fifteenth day of January of each year, a complete copy of the entries in the civil register for the township during the year ending on 1he preceding thirty-first day of December, and a true copy of the list, provided for in subsection (k) for the same year, and shall certify the same as true copies of the original records in his office. He shall perform all such other duties as the council may by ordinance provide or as may be imposed by general legislation
Section 21
SEC. 21. The township treasurer shall collect all moneys due to the township from any source: Provided, That the taxes imposed by Act Numbered Eleven hundred and eighty-nine shall be collected by the provincial treasurer or his deputies, in the manner provided in said Act: And provided further, That the provincial treasurer may appoint township treasurers as deputies for such purpose: And provided further, That the taxes imposed for the purpose of protecting roads, in section forty-three, subsection (g), of this Act, and taxes on real estate and personal property, shall be collected by the provincial treasurer or his deputies and paid to the township treasurer as hereinafter provided. He shall give to every person paying money into the township treasury a receipt therefor, specifying the date and amount of the payment and upon what account paid. He shall keep a detailed account of all moneys received, and shall pay the same out only under authority of an ordinance or resolution of the council and upon a warrant signed by the president and countersigned by the secretary. He shall, on or before the third day ol' each month, make out in triplicate a full and complete .statement of the receipts and expenditures of the preceding mouth, together with a statement of the cash actually on hand in the township treasury. He shall deliver two copies to the president, who shall verify them and certify upon the face of each to the correctness thereof, and shall then immediately cause one copy to be posted at the main entrance of the township building and send the other copy to the provincial treasurer. He shall pay all lawful warrants in the order in which the shall be presented, and he shall note on the back of each the date of such presentation, and, when payment is made, the date of such payment: Provided, That he shall not pay any warrant when there is not in the treasury a sufficient amount to meet warrants previously presented and not paid, for want f funds. He shall have his office in the township building and shall keep in the township safe or strong box, which it .shall be the duty of the council to provide, all moneys belonging to the township. Such moneys shall be kept separate and distinct from his own money, nor shall he be permitted to make profit out of public money, nor to lend or otherwise use it, nor to use the same in any method not authorized by law. A treasurer violating the foregoing restriction shall be dismissed from office, if .such violation shall be established at a hearing before the provincial treasurer. Such violation shall be considered a malversation of funds, to be tried accordingly under the penal law by a court of competent jurisdiction. The provincial treasurer shall report any such violation to the provincial fiscal for prosecution. The treasurer may, to prevent the accumulation of too large an amount of money in the strong box of the township, when especially authorized by resolution of the council, deposit for safe-keeping with the provincial treasurer such sums of money as he will not be obliged to use at once, taking a receipt from the provincial treasurer. He shall exhibit this receipt to the council at its next meeting, and the secretary shall record the fact of such exhibition and the date and amount of the receipt. He shall be the custodian of all township property and shall keep a record thereof in a suitable book.
Section 22
SEC. 22. Each councilor shall inform the people of his barrio as to the acts of the council and as to governmental measures which directly concern them. He shall serve in the council as the representative of the people of his barrio and shall bring their especial needs to the attention of that body. He shall promptly inform the president of any unusual or untoward event occurring in his barrio. He shall notify the people of his barrio of the days on which they should present themselves to pay taxes, and shall himself be present on such occasions to identify them.
Section 23
SEC. 23. The president and township secretary shall receive such salaries as the council shall fix and the provincial board approve; the salary of the township treasurer shall be fixed by the provincial board : Provided, That the township treasurer may also act as a deputy of the provincial treasurer and receive such additional compensation therefor, to be paid from provincial funds, as the provincial board may fix and the Treasurer of the Philippine Islands approve, anything in existing law to the contrary notwithstanding. The salary of the president, during the period when the vice-president shall perform his duties, shall be drawn by the vice-president. The vice-president, except when serving as president, and the councilors shall receive no compensation, their offices being honorary. No change of salaries by the council shall affect that of an officer then elected or incumbent.
Section 24
SEC. 24. (a) A person elected by the people to fill a township f dike shall not be permitted to decline the same, but shall qualify and discharge the duties thereof, unless before election he shaft have presented to the judges of election, and established to their satisfaction, a claim for exemption on the ground: That he has discharged the duties of the same office for two previous terms; or That he is physically disabled; or That he is more than sixty-five years of age. (b) Any person violating the foregoing provision of this section, and being convicted thereof in a court of competent jurisdiction, shall suffer imprisonment for a term not exceeding six months.
Section 25
SEC. 25. A second reelection to any township office is prohibited, except after two years.
Section 26
SEC. 26. Should any elective township officer become permanently incapacitated for the proper discharge of his duties during his term of office, through accident or disease, his office may be declared vacant by the vote of a majority of all the members of the council, and his successor shall be promptly chosen, also by a majority vote of all the members. Any elective township officer who has qualified may be allowed to resign in the interest of the public service, with the approval of the provincial board.
Section 27
SEC. 27. The term of office of all officers appointed by the president shall be until the end of the term of the president appointing them, and until their successors are appointed and qualified, unless such office is sooner abolished by the provincial board or the officer is removed, as provided in this Act.
Section 28
SEC. 28. (a) No township officer shall be directly or indirectly interested in any contract work, cockpits, or other permitted games and amusements, or business of the township, or in the purchase of any real estate or any other property belonging to the corporation. (b) Any officer violating the provisions of this section shall,: upon a two-thirds vote of all the members of the council, be removed from office; and, upon trial and conviction in a court of competent jurisdiction, shall be imprisoned for not less than six months and not more than two years.
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