Short title.
Section 1
SECTION 1. Short title.—The short title of this Act shall be "The Organic Act for the Department of Mindanao and Sulu."
Act No. 2408 CHAPTER I.—THE DEPARTMENT.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗
Territory included.
Section 2
SEC. 2. Territory included.—The Department of Mindanao and Sulu shall consist of the entire island of Mindanao, excluding only the Provinces of Misamis and Surigao, together with the Sulu Archipelago, including the islands known as the Jolo Group, the Tawi Tawi Group, and all other islands pertaining to the Philippine Archipelago under the sovereignty of the United States of America south of the eighth parallel of north latitude, excepting therefrom the islands of Palawan and Balabac, and the immediately adjacent islands, but including the island of Cagayan Sulu. The capital of the Department of Mindanao and Sulu Capital-shall be at Zamboanga.
Definitions.
Section 3
SEC. 3. Definitions.—Unless some other meaning is plainly apparent from the language or context, or unless such construction is inconsistent with the manifest intent of the legislators, whenever the words "governor," "secretary," "treasurer," "attorney," and "delegate" occur in this Act they will be construed to refer to officers of the Department of Mindanao and Sulu, provided for in section five hereof. The term "non-Christians" shall include Mohammedans and pagans.
Corporate powers.
Section 4
SEC. 4. Corporate powers.—The government of the Department of Mindanao and Sulu established under this Act shall be a body corporate with power to sue and be sued, to have and use a corporate seal, to hold and convey property, real and personal, to make contracts for labor and material needed in the construction of duly authorized public works, and to incur such other obligations as are authorized by law. ARTICLE 2.—The administrative council.
Officers appointed by Governor-General.
Section 5
SEC. 5. Officers appointed by Governor-General.—The Governor-General, by and with the consent of the Philippine Commission, shall appoint, for the Department of Mindanao and Sulu, a governor, secretary, attorney, treasurer, and delegate. In the event of a vacancy occurring in any of the offices hereinbefore mentioned, it shall be promptly reported to the Governor-General by the department governor. The department governor may, until such vacancy is filled, require any department officer to perform the duties of the vacant office in addition to the regular duties of such department officer.
Administrative council, powers and duties.
Section 6
SEC. 6. Administrative council, powers and duties.—The five officers appointed by the Governor-General as provided in the next preceding section, to wit, governor, secretary, attorney, treasurer, and department delegate, shall constitute the administrative council. The governor shall be its presiding officer. Three members shall constitute a quorum. The council herein created shall be an advisory board to the governor, and is authorized: (a) Appropriations.—To appropriate and expend public funds of the department: Provided, however, That no appropriation made pursuant to the provisions of this subsection shall be valid or take effect until it shall have been approved by the Philippine Commission or unless and until thirty days after receipt of the notice thereof by the Philippine Commission shall have passed without the disapproval of the Philippine Commission having been given: And provided further, That any unexpended balances of appropriations made pursuant to the provisions hereof shall be returned to the general funds of the department treasury. (b) Hours of labor.—To adopt rules regulating the hours of employment in the various offices in the department, provinces, municipalities, and other political subdivisions thereof. (c) Seal.—To provide a seal for the department. (d) Appointment awl removal of officers and employees.—By majority vote of all the members to confirm the appointment of officers when required by this Act and for cause suspend and remove any officer or employee of the department, except officers appointed by the Governor-General. (e) Additional duties.—Perform such other duties as are imposed thereon by this Act or laws hereafter enacted.
Department officers, salaries of.
Section 7
SEC. 7. Department officers, salaries of.—The department governor shall receive an annual salary of twelve thousand pesos: Provided, That the first civilian governor shall receive an annual salary of eighteen thousand pesos, together with a residence, equipped and furnished, to be provided by the department; and each of the other department officers, namely, secretary, attorney, and treasurer, shall each receive an annual salary of not exceeding eight thousand pesos to be fixed by the Governor-General in the appointment and to be approved with the appointment by the Philippine Commission. The senior supervising engineer, the superintendent of schools, and the chief health officer shall each receive an annual salary of not exceeding eight thousand pesos; and the superintendent of reformatories shall receive an annual salary of not exceeding six thousand pesos, to be fixed in the appointment. The salaries of all officers and employees of the department shall be payable out of the revenues thereof or other available funds. In case of officers and men of the Army or Constabulary, detailed to perform duties in connection with the government of the Department of Mindanao and Sulu, or any political subdivision thereof, they shall be paid in addition to their regular salary such additional allowance as may be provided by the administrative council. ARTICLE 3.—Public affairs.
Department governor; powers and duties.
Section 8
SEC. 8. Department governor; powers and duties.—It shall be the duty and within the power of the department governor: (a) General supervision.—To have supervision and supervision, control over the various offices of the department, the provincial governments, and other political subdivisions thereof. (b) Execution of laws.—To see that the laws are faith- -execution of iaW5. fully executed by all officers of the department, provinces, and municipalities. (c) Provincial and municipal police.—To have control, through the various provincial governors and the municipal presidents, of the provincial and municipal police. (d) Constabulary.—To direct, through the district chief -constabulary, of Constabulary, the, use and control of the Constabulary within the Department of Mindanao and Sulu; and whenever public interests require, to withdraw the Constabulary from one province or municipality for use in another. (e) Inspection of provinces.—To visit at least once in every six months every province within the department. (f) Appointments.—To appoint all department officers, except as herein otherwise provided, and to fix their salaries within the limitations provided by law subject to the approval of the administrative council. (g) Suspensions and removals.—To suspend from office any officer or employee of the department, or political subdivision thereof, subject to the provisions and limitations of paragraph (d) of section six hereof. (h) Governor-General, report to.—To discharge the duties of his office under the general supervision and control of the Governor-General to whom he shall make a report of the conditions of the department at the end of each fiscal year, recommending such measures as he may deem necessary for the betterment of the department, and perform such other duties as the Governor-General may require of him. (i) Land tax, remission of collection.—To remit, subject to the approval of the Governor-General, the collection of the land tax in whole or in part for a period not exceeding one year at a time in any province organized hereunder or any part thereof in which he deems the public interest demands such action, other provisions of law to the contrary notwithstanding. (j) Appropriations.—To approve or disapprove in whole or in part any provincial appropriation, subject to appeal to the Governor-General. (k) Lawsuits.—To direct, in his discretion, the bringing or defense of suits on behalf of the department, provincial, and municipal governments and to compromise the same upon the recommendation of the attorney and the approval of the judge of first instance for the district. (I) Deposit of public funds in a bank.—To authorize the treasurer to deposit so much of the funds belonging to the department or to provincial and municipal governments as may not be needed in the near future for public use in a bank of deposit of approved standing in the Islands; and any interest paid on such deposits shall inure to the benefit of the respective treasury of the department, province, or municipality, as the case may be. (m) Boundary lines of provinces, and so forth.—Subject to the approval of the Governor-General, to enlarge, contract, or otherwise change, by executive order, whenever in his judgment the public welfare requires it, the boundary of any province, subprovince, municipality, or any other political subdivision within the Department of Mindanao and Sulu, or separate any such subdivision into such portions as may be required as aforesaid, merge any of such subdivisions or portions with another, name any new subdivision so created, change the seat of government within any subdivision, existing or created hereunder, to such place therein as the public interests require, and shall fix in such executive order the date when the change, merger, separation, or other action shall take effect. Whenever such action as aforesaid creates a new political subdivision, the department governor shall appoint such officers for the new subdivision with such powers and duties as may be required by the existing provisions of law applicable to the case and fix their salaries, subject to the limitations provided in this Act. Such equitable distribution of the funds of changed subdivisions between the subdivisions affected shall be made as is recommended by the district auditor and approved by the department governor. (n) Capture of criminals; offer of reward.—To offer, or to grant authority to the provincial governor of any province organized under this Act, or the district chief of Constabulary for the Department of Mindanao and Sulu to offer, a reward not exceeding one thousand 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 of any crime, or for information leading to the capture of an escaped convict. (o) Administrative investigations.—To investigate, whenever he deems it necessary for the good of the public service, any action or conduct of any person or persons in the service of the department, or any of the provinces, municipalities, or other political subdivisions therein established, and designate a suitable person to make such investigation and to take the testimony of any person or persons which, in his judgment, may be relevant thereto and may detail or authorize the said person designated to procure stenographers and interpreters to assist in the same. Such person so designated shall have such full power to subpoena witnesses and require the production of documentary evidence and to administer oaths to witnesses as is possessed by Courts of First Instance in criminal actions and may invoke the summary process of such courts for the punishment of contempts in failure, except for good reasons, to appear or to produce documentary evidence or to give testimony. All interpreters acting in any such proceeding shall be sworn well and truly to interpret between the counsel, the witnesses, and the person so designated, and the stenographers shall be sworn to make a true transcript of the testimony given on such proceeding. (p) Parole of prisoners.—To authorize and direct, subject of prisoners, to the approval of the Governor-General, the discharge from custody, whenever he thinks best, of any person convicted of crime in any court within the Department of Mindanao and Sulu and suspend the sentence of such convict without granting a pardon, and prescribe the terms upon which a convict so paroled shall have his sentence suspended. Upon the failure of any convict to observe the conditions of his parole, to be determined by the department governor, the latter shall have authority to direct the arrest and return of such convict to custody, and thereupon said convict shall be required to carry out the sentence of the court as though no parole had been granted him, the time between the parole and subsequent arrest not being taken as a part of the term of his sentence in computing the period of his confinement. (q) Condemnation proceedings.—To determine for and in behalf of the government of the Department of Mindanao and Sulu and of any political subdivision thereof when it is necessary or advantageous to exercise the right of eminent domain. He may, in his discretion, direct the department attorney to cause condemnation proceedings to be begun in the court having jurisdiction. The right of condemnation or eminent domain herein granted shall otherwise be exercised in accordance with general laws at the time being in force. (r) Harbor lines, to harves, and so forth.—To establish by executive order harbor lines in the department beyond which no piers, wharves, bulkheads, or other works shall be extended or deposits made, except under such regulations as he may prescribe from time to time, and to control and regulate the use of, or to operate, all piers, wharves, bulkheads, and other like improvements together with their arrastre plants and other equipment for the public service. (s) Rides for general welfare.—Ho make and prescribe, and from time to time to change, with the approval of the administrative council, such rules and regulations as he in his discretion may deem most conducive to the public interest, the security of life and property, and the general welfare. It shall not be necessary that such rules and regulations be uniform for the entire department, but they may be different for each political subdivision. Such rules and regulations may provide penalties not exceeding a fine of two hundred pesos or six months' imprisonment or both. Such rules and regulations may be suspended, modified, or annulled by the Philippine Commission. (t) Elections, postponed.—To postpone, by executive order, any provincial or municipal election hereinafter provided, subject to the approval of the Governor-General. (u) Assistance of United States troops.—To secure the enforcement of law and order in cases of resistance to lawful authority or disturbances of the peace which in his opinion the Constabulary and municipal police are unable, or find it difficult, to suppress, by notifying the Governor-General who may, in his discretion, request the assistance of the Army of the United States except that in localities where there is no telegraphic communication with Manila, the department governor may, in great emergencies, make a direct call upon the commander of the United States military forces stationed in the province, notifying the Governor-General immediately of such action.
Department secretary, duties.
Section 9
SEC. 9. Department secretary, duties.—The department secretary shall, during a vacancy in the office of the governor or during the governor's disability, or absence from the department, perform the duties of governor; he may, under the direction of the governor, make inspection of public affairs in the various provinces and municipalities, and perform such duties in reference thereto as the governor may authorize; he shall acquaint himself, as far as practicable, with the languages and customs of the non-Christians within the department, and from time to time make report to the governor of such matters as he deems necessary for their betterment. When the governor is absent from the capital but present in the department, the secretary shall perform such duties of the governor as may be delegated to him in writing by the governor. He shall attest the official acts of the governor of the department when required to do so, and shall record all of the governor's acts which are required by law to be recorded; he shall be the custodian of the department seal; he shall act as custodian of all records and documents affecting the department and discharge all duties usually pertaining to the office of secretary; he shall on demand furnish certified copies of all public records and documents under his custody for which he may charge, to any private person, but not to any public official needing the same for a public purpose, the amount of ten centavos for every one hundred words of such copy, including the certificate, which amount shall accrue to the department treasury; and shall perform such other duties as the department governor may require of him. He shall act as secretary of the administrative council herein created, attest all its acts and resolutions, and prescribe rules and regulations for the guidance of provincial and municipal secretaries.
Department attorney and' assistant; duties, and so forth.
Section 10
SEC. 10. Department attorney and' assistant; duties, and so forth.—The department attorney shall be the attorney and legal adviser of the department and of each of its officers and of the administrative council hereinbefore constituted and shall, when called upon by the said council or any officer of the department, furnish a written opinion on questions of law arising in the administration of the government. He shall represent the department, and all provincial and municipal governments therein, in all suits brought on their behalf or against them in any court, except in cases where the interests of the department are opposed to those of any provincial or municipal government, when he shall represent the department, and the province or municipality may employ-special counsel; and in cases where the interests of any province are opposed to those of another province or municipality, in cases when two municipalities are adverse parties in the same litigation, and in cases arising under Act Numbered Thirteen hundred seventy-six, in all of which cases the provincial or municipal government concerned may employ special counsel. There shall be an assistant attorney for the department, who shall be appointed by the governor subject to confirmation by the administrative council. Both the department attorney and the assistant attorney shall be duly admitted members of the bar of the Supreme Court of the Philippine Islands. The assistant attorney shall receive such annual salary as may be fixed and provided for such officer in the appropriations made by the administrative council not to exceed five thousand pesos annually. Before assuming office he shall take the oath of office hereinafter prescribed for provincial officers. The department attorney shall appear and take charge of prosecutions for the government in any court of justice within the department, but he may direct the assistant attorney to represent the public in the prosecution of crimes in any courts within the Department of Mindanao and Sulu, when the public interest requires it. The assistant attorney shall also render such other services as may be assigned to him by the department attorney. During the temporary absence from duty of the said assistant attorney, or whenever for any reason he is disqualified to act therein in an official capacity, or in case of a vacancy in such office, or whenever, from any cause, such officer is unable to, or does not appear in any criminal proceeding in any court in the department, the department governor, whenever in the judgment of the department attorney it shall be necessary, shall appoint a temporary assistant attorney who shall have the powers of such assistant attorney and shall serve in such capacity until his temporary employment shall be terminated by the governor. For such service, the temporary assistant attorney shall receive such compensation as the governor shall determine, not exceeding the salary herein provided for the assistant attorney. With the consent of the court first had, the department attorney and the assistant attorney are hereby empowered, virtute officii, to enter a nolle prosequi and thereby at once to stay the proceeding in any criminal action in the courts of justice within the department, at any stage in the proceeding. The department attorney shall discharge his duties under the general supervision of the Attorney-General of the Insular Government, and the Attorney-General shall represent the department and the provincial and municipal governments organized within the territory of the Department of Mindanao and Sulu in all suits for or against them which shall come before the Supreme Court, except in cases where the interests of the department are opposed to those of any provincial or municipal government when he shall represent the department, and the province or municipality may employ special counsel; but if the Attorney-General deems it necessary he may require the department attorney to assist in the presentation of the cause before the Supreme Court. In every criminal case appealed to the Supreme Court from any court held within the territory of the department, the attorney or his assistant shall forthwith make a report to the Attorney-General explaining the questions of law and fact appearing therein and the conclusions of the court. The attorney shall make an annual report to the Attorney-General of the Philippine Islands as to the condition of public and private litigation in the courts throughout the department. The department attorney shall be ex officio register of deeds for the department, and shall give a bond to the Government of the Philippine Islands in the amount to be fixed by the Insular Auditor: Provided, however, That the administrative council may authorize the appointment of a deputy register of deeds who shall give a bond to the Government of the Philippine Islands in an amount to be fixed by the Insular Auditor and shall perform the duties of register of deeds for the department. In addition to the foregoing the department attorney and his assistant shall perform such duties as are enjoined upon provincial fiscals by section twenty-three hereof.
The department delegate.
Section 11
SEC. 11. The department delegate.—The department delegate shall have the following qualifications, duties, and compensation: (a) Qualifications.—He shall be a qualified elector of a province organized under this Act, and not less than twenty-five years of age. (b) Term of office.—-He shall discharge his duties during a term of not more than two years after appointment unless sooner removed for cause or until his successor be appointed and qualified: Provided, That whenever during said term the office of department delegate becomes vacant by reason of death, removal, resignation, or other cause, the vacancy shall be filled in the manner provided in section five hereof: And provided further, That any vacancy occurring in this office, except through expiration of term, shall be filled for the unexpired portion of the term only. (c) Residence; duties.—It shall not be necessary for the department delegate to reside at the capital of the department or to establish an office in the capital, but he shall be required to be present at the sessions of the administrative council and to perform his duties as a member thereof: Provided, however, That said department delegate shall perform such ministerial duties as may, by resolution of the administrative council, upon request of the department governor, be required of him. (d) Compensation.—The department delegate shall receive a compensation, to be fixed by resolution of the administrative council, of not more than twenty-five pesos for each day of actual attendance at the sessions of the council. When designated to perform other official duties as above provided, said department delegate shall be entitled upon resolution of the administrative council to receive for each day that he shall be occupied with official duties such compensation as may be fixed in said resolution, within the limitations hereinbefore prescribed: Provided, That on no one day shall more than one compensation be allowed to such department delegate.
Superintendent of reformatories.
Section 12
SEC. 12. Superintendent of reformatories.—There shall superintendent of be a superintendent of reformatories, under the supervision of the Director of Prisons, who shall have the direction and control of the prison and penal farm at San Ramon and of all prisons and prisoners within the department. It shall be his duty to make such regulations and prescribe such rules, by and with the approval of the Director of Prisons, as may best promote discipline in all prisons and penal settlements within the department and best secure the reformation and safe custody of all prisoners irrespective of their classification under Act Numbered Pour hundred thirteen: Provided, however, That the powers and duties of the Director of Prisons in the department shall be vested temporarily in the department governor until such time as the Governor-General by executive order may authorize the Director of Prisons to exercise such powers and perform such duties in the Department of Mindanao and Sulu or any part or parts thereof. ARTICLE 4.—Accounts and finance.
Department treasurer; duties and powers.
Section 13
SEC. 13. Department treasurer; duties and powers.— The department treasurer shall: (a) Financial officer.—Act as chief financial officer of -financial officer, the department. (b) Supervision over provincial treasurers.—Exercise over general supervision over the offices of all provincial treasurers and whenever he thinks the bond of any provincial treasurer either too small in amount or of insufficient security he shall call the attention of the Insular Auditor to the same, who may then require a new or an additional bond. (c) Assessment.—Supervise the appraisement and assessment, by the department assessor and his deputies of all property in the department required by law to be assessed for taxation. (d) Collections.—Supervise the collection of the public revenues, by the provincial treasurer and other authorized agents. (e) Custodian of funds.—Act as custodian of all the funds deposited in the treasury and shall account for all moneys received into or taken out of the treasury in accordance with law and administrative regulations. (f) Supplies, and so forth, purchase of.—Purchase all supplies for the use of department, provincial, and municipal governments, upon the order of the proper administrative officer, under such rules and regulations as the administrative council may prescribe. (g) Property officer.—Keep a property account in which he shall charge departmental, provincial, or municipal officers with the furniture or other personal property delivered to them and held or used by them for public purposes. (h) Purchasing Agent.—Make his purchases of supplies the Purchasing Agent, except when otherwise authorized by the governor. (i) Internal revenue.—Act as collector of internal revenue for the Department of Mindanao and Sulu, under the executive supervision of, the Insular Collector of Internal Revenue: Provided, however, That in any event all collections derived from taxation within the territory of the Department of Mindanao and Sulu shall be covered into the treasury of the department for the benefit of the general funds thereof: And provided further, That the proceeds of the forestry taxes due on forest products cut in the department, whether collected within or beyond the limits of the department, shall accrue to the department treasury: And provided further, That beginning January first, nineteen hundred and fifteen, and thereafter, all internal revenue collected in the Department of Mindanao and Sulu shall be deposited in the Insular Treasury to be distributed in accordance with general laws. (j) Control over various offices.—Exercise supervision and control over the offices of department assessor and superintendent of markets, which shall be considered as divisions in the office of the department treasurer, and over such other offices as the administrative council may hereafter provide. (k) Other duties.—Discharge such other lawful duties as the department governor may require of him.
Auditor.
Section 14
SEC. 14. Auditor.—There shall be a district auditor assigned to the department who shall perform the duty of department auditor under the administrative jurisdiction control of the Insular Auditor. He shall examine, audit, and settle all accounts pertaining to the revenues and receipts from whatever source of the department or any of its subdivisions and shall audit in accordance with law and administrative regulations all expenditures of funds or property pertaining to or held in trust by said department and political subdivisions thereof. The auditor herein provided shall receive a salary of six thousand pesos per annum and is hereby authorized to use as a distinctive title and to affix to his official signature the words "department auditor." ARTICLE 5.—Public instruction
Superintendent of schools.
Section 15
SEC. 15. Superintendent of schools.—There shall be detailed to the department a superintendent of schools who shall be under the general supervision of the Director of Education and his duties and powers shall include those prescribed for division superintendents of schools under Act Numbered Seventy-four, as amended: Provided, however, That the powers and duties of the Director of Education in the Department of Mindanao and Sulu shall be vested temporarily in the superintendent of schools subject to the control of the department governor until such time as the Governor-General by executive order may authorize the Director of Education to exercise such powers and perform such duties in the Department of Mindanao and Sulu or any part or parts thereof. (a) Curriculum.—The superintendent of schools herein provided shall fix a curriculum for primary, industrial, intermediate, and secondary schools, varying the same for different schools and different localities in accordance with the peculiar conditions prevailing therein. (b) Languages, teaching of.—The basis of instruction in the public schools shall be the English language, but, where local conditions demand it, the superintendent of schools may temporarily authorize the use of any other language or dialect. (c) Division superintendents.—The superintendent of schools may appoint in each province a division superintendent of schools who shall exercise such powers and perform such duties as may be expressly delegated to him by the superintendent of schools. (d) General laws.—The general provisions of law concerning public instruction now in force in the provinces organized under Act Numbered Eighty-three and in the municipalities organized under Act Numbered Eighty-two shall apply to the Department of Mindanao and Sulu, except as herein otherwise provided. ARTICLE 6.—Public safety.
Chief health officer.
Section 16
SEC. 16. Chief health officer.—There shall be detailed to the department a chief health officer who shall be under the general supervision of the Director of Health and his duties and powers shall include those prescribed for district health officers under Act Fourteen hundred eighty-seven, and the laws amendatory thereof: Provided, however, That the powers and duties of the Director of Health in the Department of Mindanao and Sulu shall be vested temporarily in the chief health officer subject to the control of the department governor until such time as the Governor-General by executive order may authorize the Director of Health to exercise such powers and duties in the Department of Mindanao and Sulu or any part or parts thereof. The general provisions of law concerning public health, now in force in the provinces organized under Act Numbered Eighty-three and in the municipalities organized under Act Numbered Eighty-two shall apply to the Department of Mindanao and Sulu, except as otherwise herein provided.
District chief of Constabulary; duties and powers.
Section 17
SEC. 17. District chief of Constabulary; duties and powers.—The district chief of Constabulary at Zamboanga in charge of the Constabulary in the Department of Mindanao and Sulu shall discharge his duties under the supervision of the Chief of Constabulary, subject to such special control by the department governor as has been hereinbefore provided. The Constabulary. force shall be supported by funds appropriated from the Insular Treasury in like manner as the Constabulary force in the other parts of the Islands is supported. He shall exercise such authority and perform such duties -municipal police. in connection with the municipal police as may be required by law. In case the revenues of a municipality do not allow of its organizing, maintaining, and equipping its municipal police in accordance with the provisions of this Act, the department governor may authorize the payment of the necessary sum from provincial funds. ARTICLE 7.—Public works.
Engineer.
Section 18
SEC. 18. Engineer.—There shall be detailed to the department a senior supervising engineer who shall be under the general supervision of the Director of Public Works and his duties and powers shall include those prescribed for district engineers under Act Numbered Fourteen hundred one, and the laws amendatory thereof: Provided, however, That the powers and duties of the Director of Public Works in the Department of Mindanao and Sulu shall be vested temporarily in the supervising engineer subject to the control of the department governor until such time or times as the Governor-General by executive order may authorize the Director of Public Works to exercise such powers and perform such duties in the Department of Mindanao and Sulu or any part or parts thereof. (a) Road construction, and so forth.—By agreement with the president of each municipality, he shall fix the territory within which the duty of repairing, constructing, and maintaining roads, bridges, culverts, and ferries shall fall upon the municipal government, and that in which such duty shall fall upon the provincial government or the department as the case may be, and in the event of any disagreement the issue shall be settled by the department governor whose decision shall be final: Provided, however, That in case two or more municipalities of a province fail to agree, the controversy shall be decided by the provincial board. From the decision of the board an appeal may be taken to the department governor. (b) General laws.—The general provisions of law concerning public works, now in force in the provinces organized under Act Numbered Eighty-three and in the municipalities organized under Act Numbered Eighty-two shall apply to the Department of Mindanao and Sulu: Provided, however, That prior to December thirty-first, nineteen hundred fourteen, or until such time as the Department of Mindanao and Sulu shall participate in the regular Insular allotment of road and bridge funds on the same basis as the provinces organized under Act Numbered Eighty-three, the Insular surcharge on public works shall not be collected on the public works of the said department.
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