The provinces.
SEC. 19. The provinces.—A civil provincial government is hereby established for the following provinces, within the territory of the Department of Mindanao and Sulu, to wit:
(a) Agusan Province.—The Province of Agusan shall consist of the territory now known as the Province of Agusan, excluding only the subprovince of Bukidnon.
(b) Bukidnon Province.—The Province of Bukidnon shall consist of the territory now known as subprovince of Bukidnon.
(c) Cotabato Province.—The Province of Cotabato shall consist of the territory now known as the district of Cotabato.
(d) Davao Province.—The Province of Davao shall consist of the territory now known as the district of Davao.
(e) Lanao Province.—The Province of Lanao shall consist of the territory now known as the district of Lanao.
(f) Sulu Province.—The Province of Sulu shall consist of the territory now known as the district of Sulu.
(g) Zamboanga Province.—The Province of Zamboanga shall consist of the territory now known as the district of Zamboanga.
The provinces herein provided shall preserve their present -boundaries ana boundaries and seats of government, except as provided in paragraph (m) of section eight hereof.
Corporate powers.
SEC. 20. Corporate powers.—Every provincial government corporate powers, established under this chapter shall be a body corporate, with power to sue and be sued, to have and use a corporate seal, to hold and, with the approval of the department governor, to purchase and convey real property, to purchase and convey personal property, to make contracts for labor and material needed in the construction of duly authorized public works, and to incur such other obligations as are expressly authorized by law.
ARTICLE 9.—Provincial officers.
Officers and employees; duties in general.
SEC. 21. Officers and employees; duties in general.—All officers and employees shall be subject to the following provisions:
(a) Oath of office.—Provincial officers shall, before entering on the duties thereof, take and subscribe to the following oath, which shall be filed with the provincial secretary-treasurer and be by him recorded:
"I, .................................. having been .................................. (appointed or elected as the case may be) to the office of................................, of the Province of ................................ do hereby solemnly swear (or affirm) that I will well and truly perform all the duties of said office; that I will faithfully account for all moneys coming into my hands as such officer; that I will bear true faith and allegiance to the Government of the United States; that I take this oath without any mental reservation whatsoever. So help me God."
(In case of affirmation the last four words shall be omitted.)
This oath and all oaths required in connection with the administration of the provincial government may be administered by any officer authorized to administer oaths, and no fee shall be charged therefor.
(b) Appointments.—Provincial officers and employees, unless otherwise provided for in this Act, shall be appointed in accordance with the provisions of the civil-service law and rules. There shall be as many employees as may be provided for in the appropriations of the provincial board, subject to the approval of the department governor.
(c) Retiring officers; transfer to successors.—Every Transfer to succes provincial officer shall deliver to his successor in office, who shall receipt for the same in duplicate, all property, books, and effects of every description in his possession, belonging to the province, or pertaining to his office. One copy of the receipt shall be delivered to the retiring officer, and the other copy shall be filed with the provincial secretary-treasurer. Any violation of this subsection, after trial and conviction by a competent court, shall be punished with a fine of not exceeding two hundred pesos.
(d) Additional powers and duties.—Every provincial official powers shall in addition to the powers and duties in this Act expressly imposed and granted have such further powers and perform such further duties as may by legislation now existing or hereafter enacted be prescribed.
(e) Temporary appointments.—In case of suspension or absence of any provincial officer, the department governor shall have power to appoint a person to perform the duties of the office during such absence or suspension, unless otherwise expressly provided by law.
(f) Traveling expenses.—The actual and necessary traveling expenses of provincial officers and employees engaged in traveling in the province or outside thereof on official business shall be paid from the provincial treasury. The same limitations now or hereafter prescribed by law as to the amount of per diems which applies to the traveling expenses of the provincial officers and employees shall apply to those herein authorized.
Provincial officers in general.
SEC. 22. Provincial officers in general.—Except as herein after provided, the officers of each provincial government organized under this chapter shall be a provincial governor, a provincial secretary-treasurer, and a third member of the provincial board. With the exception of the third member, residence in the capital of provinces shall be mandatory for members of the provincial board.
(a) Qualifications.—No person shall be appointed nor shall he be eligible for any of these offices who is not either a citizen of the United States or a native of the Philippine Islands, or who, not being a subject or citizen of any other power or government, may have under and by virtue of the treaty of Paris acquired the political rights of a native of the Philippine Islands; or who may hereafter become a naturalized citizen of the Philippine Islands; or who, having taken the oath of allegiance to the United States, shall violate the same. The fact of nonresidence in the province shall not be a bar to appointment to a provincial office or employment.
(b) Appointment.—The provincial governor shall be appointed by the department governor subject to the approval of the Governor-General; the secretary-treasurer shall be appointed by the department governor subject to the provisions of the Civil Service Act; and the third member shall be elected by a plurality of the votes of all the councilors of municipalities duly organized and such officers in municipal districts, within the province, as may be authorized to vote in accordance with the provisions of section fifty-two hereof.
(c) Election.—Within one year after the completion and publication of the census for the territory known as the Department of Mindanao and Sulu, under the provisions of Act Numbered Twenty-three hundred and fifty-two, or as soon thereafter as the department governor shall certify to the Governor-General that existing conditions in all or any of the provinces herein created justify the holding of such election, the Governor-General shall, by executive order, fix the date for a general election for the offices of provincial governor and third member of the provincial board for the province or provinces certified to by the department governor, in accordance with the provisions of Act Numbered Fifteen hundred and eighty-two as amended.
(d) Salaries.—Provincial governors shall each receive an annual salary not to exceed six thousand pesos and provincial secretary-treasurers an annual salary not to exceed five thousand pesos, said salaries to be fixed by the department governor in the appointment and approved by the Governor-General with the appointment. The third member of the provincial board shall receive a compensation to be fixed by resolution of the provincial board of not less than five nor more than fifteen pesos for each day of actual attendance at the sessions of the board or for other duties he may be designated by the provincial board to perform: Provided, however, That on no one day shall more than one compensation be allowed to such third member.
Provincial health officers shall each receive an annual -health officers, salary not exceeding five thousand pesos, to be fixed by the department governor in the appointment and approved by the Governor-General with the appointment: Provided, however, That provincial health officers shall not be permitted to engage in private practice.
The salaries of provincial officers shall be paid out of -how paid-provincial funds: Provided, however, That the salaries herein provided shall be modified to conform with the general schedule of salaries prescribed for regularly organized provinces as soon as general provincial elections are held in accordance with the provisions of paragraph (c) of section twenty-two hereof.
The provincial fiscal.
SEC. 23. The provincial fiscal.—There shall be a provincial Provincial fiscal, fiscal who shall be the chief legal adviser of the province, and who shall have the following general powers and duties:
(a) Civil cases.—He shall represent the province and own cases, municipalities thereof in all civil cases now pending or hereafter brought in any court wherein the province or any of
its political subdivisions, or any officer thereof, in his official capacity, is a party.
(b) Drafting of public documents.—He shall, when required, draw ordinances, contracts, bonds, leases, and other instruments involving any interest of the province or political subdivisions thereof, and inspect and pass upon any
such instruments already drawn.
(c) Opinions.—He shall give his opinion in writing when opinions, requested by the provincial board, or any provincial officer, upon any question relating to the province or the rights or duties of any provincial officer, and he shall also act as legal adviser of each municipality or other political subdivisions of the province and shall upon request of any such officer submit in writing his opinion upon any question properly arising in the discharge of their public duties.
(d) Investigation of negligence or misconduct.—He shall, investigation whenever it is brought to his knowledge that any municipal officer is guilty of criminal neglect or misconduct in office, or that any person, firm, or corporation holding or exercising any franchise or public privilege from any municipality of the province, has failed to comply with any condition, or to pay any consideration mentioned in the grant of such franchise or privilege, investigate or cause to be investigated the same and report to the municipal president through the provincial board.
(e) Prosecutions.—He shall have charge of the prosecution of all crimes and misdemeanors, and also of violations of municipal ordinances appealed to, or brought before, the Court of First Instance of the province.
(f) Special counsel.—In cases where the interest of any special counsel, municipality and the provincial government are opposed, he shall act on behalf of the provincial government and the municipality may retain special counsel. He shall also represent each municipality of his province in all litigation pending for or against the said municipality in any court except where two municipalities are adverse parties to the same litigation, and in cases arising under Act Thirteen hundred and seventy-six, in all of which cases the municipalities may employ special counsel.
(g) Criminal investigations.—He shall investigate all charges of crimes, and prepare the necessary informations or make the necessary complaints against the persons accused, and discharge all other duties in respect to criminal prosecution enjoined upon provincial fiscals in the general provincial government Act and the Code of Criminal Procedure, as amended.
(h) Taking of evidence.—He may, if he deems it wise, conduct investigations in respect to crimes, misdemeanors, and violations of municipal ordinances by taking oral evidence of reputable witnesses and for this purpose may, by subpoena summon witnesses to appear and testify under oath before him, and the attendance and evidence of an absent or recalcitrant witness may be enforced by application to the justice of the peace court or the Court of First Instance of the province.
(i) Suits on bonds, and so forth.—He shall, when requested by the provincial board or municipal council, institute and prosecute on behalf of the province or municipality concerned a suit on any bond, lease, or other contract and upon any breach or violation thereof.
The provincial health officer.
SEC. 24. The provincial health officer.—There shall be a provincial health officer under the supervision and control of the chief health officer who shall have the following general powers and duties:
(a) Supervision.—He shall have general supervision over the health and sanitary condition of the province, and political subdivisions thereof.
(b) Laws and ordinances.—He shall execute and enforce all laws, ordinances, and regulations relating to the public health.
(c) Recommendations.—He shall recommend to the municipal and district councils the passage of such ordinances as he may deem necessary for the preservation of the public health.
(d) Prosecution.—He shall cause to be prosecuted all violations of sanitary laws, ordinances, or regulations.
(e) Inspection.—He shall in person or by authorized agents make sanitary inspection and may be aided therein by such members of the provincial and municipal police force or of the Philippine Constabulary as shall be designated as sanitary police by the provincial governor, chief of police, or proper Constabulary officer and by such sanitary inspectors as may be authorized by law.
The provincial engineer.
SEC. 25. The provincial engineer.—There shall be a provincial engineer who shall have general supervision and control over the construction, maintenance, and repair of all public works and permanent improvements in the province which exceed in estimated cost the sum of five hundred pesos, and over all contracts connected with such works.
Ex officio provincial officers.
SEC. 26. Ex officio provincial officers.—Until otherwise provided by law or executive order of the Governor-General, the department attorney and his assistant shall act as ex officio provincial fiscals, and the senior supervising engineer and his assistant shall act as ex officio provincial engineers without additional compensation: Provided, That the traveling expenses and per diems of the department officers herein provided while traveling as provincial officers shall be a proper charge against the funds of the respective provinces unless otherwise directed by the department governor.
ARTICLE 10.—The provincial executive.
Provincial governor; duties.
SEC. 27. Provincial governor; duties.—The provincial Provincial governor, governor shall be the chief executive officer of the province, and shall perform the following duties:
(a) Presiding officer.—He shall preside at all meetings of the provincial board hereinafter constituted.
(b) Execution of laws.—He shall see that laws are faith fully executed by all officers in the province.
(c) Suspension of municipal officers.—Upon the filing of charges or upon receiving authentic information of maladministration by any provincial employee or any officer of a municipality of the province he may suspend such officer in accordance with the provisions of section thirty-six hereof.
(d) Inspection of municipalities; investigations.—He shall at least once every six months visit every municipality in the province. While in the municipality, he shall hear all complaints made against the conduct of any municipal officer and take suitable action thereon.
(e) Public disorder.—Whenever in his opinion the public interest requires it, he shall call upon the senior officer in charge of the Constabulary in the province to suppress disorder, riot, lawless violence, or seditious conspiracy and to apprehend all violators of law. Whenever lawless violence or seditious conspiracy and disturbance of the public peace shall occur of so formidable character as to be beyond the power of the local and Insular police of the province to control or suppress, it shall be the duty of the provincial governor to call upon the department governor for assistance.
(f) Custody of prisoners.—He shall, through a jailer and guards to be appointed by him, have custody of all prisoners held awaiting trial or duly sentenced to the provincial jail.
(g) Employees.—The provincial board may, by resolution approved by the department governor, authorize the provincial governor to appoint such assistants, clerks, and other employees subject to the Civil Service Act as the public interests require at salaries to be fixed in the resolution.
(h) Reports.—Not later than the fifteenth day of January after the end of each fiscal year, he shall make a report of the conditions of the province for the fiscal year ending December thirty-first to the department governor, recommending therein such measures, executive or legislative, as may to him seem best for the betterment of the conditions in the province.
(i) Promulgation of laws and orders.—He shall make known to the people of his province by proclamations or communications delivered to the presidents of the various municipalities or districts of the province, all general laws or governmental orders which concern them.
(j) Additional duties.—Unless otherwise provided in this Act, or inconsistent with the provisions hereof, he shall also perform the duties devolving upon district governors under existing legislation in force in the department at the time of the passage of this Act.
ARTICLE 11.—The provincial board.
The provincial board, members of.
SEC. 28. The provincial board, members of.—The following officers of the provincial government, to wit, the governor, the secretary-treasurer, and the third member, shall constitute the provincial board. The provincial governor shall be the presiding officer of the board. In the absence or disability of the provincial governor, or if for any other reason he is unable to perform his official duties, the duties of the provincial governor shall be performed by the provincial secretary-treasurer. Copies of all the resolutions of the provincial board and executive orders of the provincial governor shall be furnished the department governor under such regulations as he may prescribe.
The provincial secretary.
SEC. 29. The provincial secretary.—The provincial secretary-treasurer shall be the recorder of the provincial board and shall attest all the official acts of the provincial government under the seal of the province and shall record all those of the governor's acts which are required by law to be recorded, except when acting as provincial governor, in which case a clerk of the provincial board shall attest the official acts of the provincial governor. He shall be the custodian of the provincial seal and shall receive from the provincial governor and file in his office all reports to the provincial governor required by law and shall index the same. 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 provincial treasury.
Duties and powers of the provincial board.
SEC. 30. Duties and powers of the provincial board.—It shall be the duty and within the power of the provincial board:
(a) Appropriations.—To appropriate moneys from any of its funds, except those the use of which is otherwise specifically fixed by law, for other purposes having in view the general welfare of the province and its inhabitants.
(b) Tax levy, distribution.—To levy in its discretion upon the real estate of the province for provincial purposes an annual tax within the limitations prescribed by law.
(c) Provincial offices.—To provide by construction, purchase, or renting suitable offices for the provincial officers, and a courthouse containing a room or rooms suitable, in the opinion of the department governor, for the holding of court and for offices for the court officers, and a provincial jail in the municipality fixed by law as the capital of the province.
(d) Vault or safe.—To furnish a suitable vault or safe to the provincial secretary-treasurer, in which he shall keep the provincial and other public funds as long as they are rn his custody, except as hereinafter provided.
(e) Provincial building.—To assign rooms for offices in -provincial building, the provincial building.
(f) Roads, bridges, and so forth.—To order, in its discretion, the construction, repair, or maintenance of roads, bridges, and ferries within its control, and to approve or reject contracts for such construction and repair, and the construction and repair of provincial buildings rented by the provincial secretary-treasurer, subject to the approval of the senior supervising engineer.
(g) Boundary roads, bridges, and so forth.—To agree upon the recommendation of the senior supervising engineer with the provincial board of an adjoining province on the terms within the limitations of law, upon which roads forming the boundary between the two provinces, and bridges and ferries crossing streams forming such boundary, shall be constructed, repaired, or maintained under the joint control of the two provincial governments. In the event of failure of the two interested provinces to agree, the controversy shall be decided by the department governor, whose decision shall be final.
(h) Suits on behalf of the province.—To direct, subject to the approval of the department governor as provided in section eight (k) hereof, the bringing or defense of suits on behalf of the provincial government and to compromise the same upon the recommendation of the provincial fiscal.
(i) Payment of salaries, debts, and so forth.—To order the monthly payment of all salaries provided by law and the payment of all lawfully contracted indebtedness, in accordance with such rules and regulations as the department treasurer may prescribe. The provincial board of every province composed in part of a subprovince is authorized, subject to the approval of the department governor, to fix or change by resolution the salaries of the lieutenant or deputy governors of such subprovince.
(j) Cart and sledge tax.—To provide in its discretion, a tax on carts and sledges for the protection of improved roads, subject to the approval of the department governor.
(k) Deposit of provincial funds.—To authorize the proprovincial funds, secretary-treasurer to deposit so much of the provincial funds as may not be needed in the near future for public use in a bank of deposit of approved standing in the Islands. All interest paid on such deposit shall inure to the benefit of the provincial treasury, and no funds shall be deposited in the bank by the treasurer until there shall be spread upon the minutes of the board a resolution reciting and approving the exact terms of the contract of deposit in the bank. The bank shall certify the monthly balances of provincial funds held by it to the provincial governor and to the department treasurer: Provided, That the provincial treasurer of any province organized under this Act, shall deposit his surplus provincial funds with the department treasurer whenever the department treasury shall be designated as the depository for the provincial funds of the province by the department treasurer.
(I) Meetings.—To hold regular weekly meetings upon a day to be fixed by the board, and special meetings upon, the call of the governor. The meetings of the board shall be open to the public.
(m) Agricultural pests.—To adopt, by resolution, regulations for the suppression of any agricultural pest like locusts or cattle disease, to post the same in five conspicuous places in each pueblo, to provide for enforcement of same by fixing penalty for their violation not exceeding two hundred pesos fine or thirty clays' imprisonment, and to appropriate from the provincial treasury the necessary expenses in organizing the temporary force of employees needed to enforce regulations and in paying costs of prosecutions before justices of the peace.
(n) Hours of labor.—To adopt rules regulating the hours of employment of the subordinates in the various provincial offices, subject to the approval of the administrative council.
(o) Provincial seal.—To provide a seal for the province.
(p) School buildings, construction, and so forth.—To provide, if deemed expedient by the provincial board, by construction, purchase, or renting, such school building or buildings in the province as in the opinion of the board may be necessary, to be used for the free secondary instruction of pupils resident in the province, such secondary instruction being understood to include, in addition to academic and commercial subjects, manual training, instruction in agriculture, and normal-school instruction, and to provide for the payment of all expenses of maintaining such public school or schools of secondary instruction as may be established in the province, and the schools in their establishment and conduct shall be subject to the general supervision and control of the superintendent of schools in accordance with the provisions of section fifteen hereof: Provided, That temporarily and until such time as the department governor shall decide that the condition of finances of the province will justify for the future the payment of the salaries of teachers and the expense of supplies and equipment for secondary schools from the provincial treasury, such salaries and expense may be borne by the department: Provided further, That if for any reason a province is not prepared to establish a secondary or high school, the provincial board of such province may provide from the provincial funds for the payment of the tuition, in a high school in any other province or in the city of Manila, of such pupils as may wish to enter such high school and are declared by the proper school authorities to be especially fitted and qualified to receive secondary instruction.
(q) Allowance for students under certain conditions.— To appropriate from the general funds of the province, not otherwise appropriated, the amount necessary for one or two permanent allowances at a rate of not exceeding forty pesos a month each for one or two students in the University of the Philippines or in any governmental educational institution beyond the limits of the province, for such purposes and under such conditions as are prescribed in Act Numbered Twenty-one hundred forty-six.
(r) Loans to municipalities.—To appropriate, in its discretion, moneys from any of its funds in excess of all just debts and liabilities falling due within the fiscal year, except . those funds the use of which is otherwise specifically fixed by law, for loans to municipalities or districts of the province under such conditions as to the use of the funds loaned and as to the repayment of the loans with interest at three per centum per annum as may be fixed by the provincial board.
(s) Employees injured in line of duty.—To provide, injured its discretion, for the payment from provincial funds of m their regular compensation during the period of their disability, not exceeding ninety days, to unclassified employees of the provincial government, including laborers, when said employees or laborers are injured in the line of duty, the necessary expenses of medical attendance, transportation, and hospital fees for such injured employees or laborers, and in case of their death from said injuries, their reasonable burial expenses and a donation in money to the family of the deceased employee or laborer in a sum not exceeding ninety days' pay.
(t) Salaries in municipal capitals.—To authorize municipal councils of the capitals of provinces and subprovinces to fix the salaries of the municipal officers of said capitals at an amount higher than that authorized in the scale established in chapter three hereof according to the class of the municipality, and to exempt capitals of provinces from compliance with any provision of law which restricts the power of a municipal council in the free disposition of their own funds.
(u) Land and cedula tax, extension of payment.—To extend by resolution, whenever in its judgment the public interest requires, the time for the payment of the land tax or cedula personal tax without penalty, for a period not exceeding six months.
(v) Remission of land tax.—To remit, by a resolution, by reason of general failure of crops or for other good and sufficient cause, the collection of the land tax in the province in whole or in part for a period not exceeding one year at a time: Provided, That the department governor, in his discretion, may of his own motion remit the collection of the land tax in any of the provinces organized under this
Act in accordance with the provisions of paragraph (i) of section eight hereof.
(w) Increased cedula tax.—To provide by resolution, in its discretion, for the increased cedula tax, and said resolution shall be and remain in force and effect during the year of its adoption and also subsequent years without further action by the board until repealed by another resolution of said board, and perform such other duties regarding the cedula tax as are imposed on the legislative council of the department by Act Numbered Twenty-three hundred and ninety-six, and subject to the conditions and provisions thereof
(x) Approval by department governor.—No appropriation or resolution made pursuant to the provisions of subsections (q), (r), (s), (t), (u), (v), and (w) preceding shall be valid or take effect until it shall have been approved by the department governor, or unless and until thirty days after receipt of notice thereof by the department governor shall have passed without the disapproval of the department governor having been given.
(y) Offices and equipment for certain officers.—To provide and equip by construction, purchase, or renting suitable offices for the following officers, in addition to such provincial officers herein expressly provided, to wit, district auditor, division superintendent of schools, and observer for the Weather Bureau, and such other officers as may be authorized to render service in connection with the provincial governments herein established.
(z) Surveys and examinations.—To order, in its discretion, the execution by the senior supervising engineer at provincial expense of such minor surveys and examinations as may be necessary to determine the advisability of making public improvements, either by the provincial government, the department, or the Insular Government, within the jurisdiction of the province: Provided, That no survey or examination costing more than five hundred pesos Philippine currency shall be commenced without the previous approval of the department governor.
(aa) Provincial pound.—To provide a provincial pound for the purpose of carrying out the provisions of Act Numbered Eight hundred and seventy-seven.
Provincial toll ferries.
SEC. 31. Provincial toll ferries.—Whenever for thirty days after service of a request by the provincial board any municipality declines or neglects to establish and maintain a suitable system of ferries for public use, the provincial board may designate, subject to revocation by the department governor, such ferries as provincial toll ferries, may make appropriations from the provincial road and bridge fund for the construction, maintenance, and operation thereof, and may from time to time, subject to the approval of the department governor, establish reasonable rates of tolls to be paid for the use thereof: Provided, That officers and enlisted men and civil employees of the United States Army, Navy, and Marine Corps, other branches of the Federal service, and other Government officials and employees shall be exempt from the payment of such tolls. The proceeds from any such provincial toll ferry shall go into and become a part of the provincial road and bridge fund of the province in which the ferry is operated.
Whenever either the department governor or the provincial board shall decide that the financial situation of a province is such that the collection of tolls on any ferry may be discontinued without injury to the welfare of the province, the department governor or the provincial board, as the case may be, shall so order and thereafter such ferry shall be free for public use.
It shall be unlawful for any person whatever to use any such provincial toll ferry except as provided in this section without paying the toll provided therefor, and any person who shall make use thereof in violation of this section shall be punished by a fine not to exceed fifty pesos and in default of the payment thereof shall be imprisoned one day for each peso of fine and costs unpaid.
Condemnation proceedings.
SEC. 32. Condemnation proceedings.—The provincial board is authorized, for and in behalf of the province, subject to the approval of the department governor, to acquire real estate by the exercise of the right of eminent domain for school, cemetery, and park purposes, for provincial buildings, for opening and widening streets, for market sites, and public plazas, for the construction of crematories, artesian wells, and drainage, water supply and sewer systems, cesspools, wharves, and piers. The right granted in this section shall otherwise be exercised in the manner prescribed in Acts Numbered One hundred ninety, and Twenty-two hundred forty-nine.
Convention of municipal presidents.
SEC. 33. Convention of municipal presidents.—The provincial board is hereby authorized, whenever in its discretion the public good requires, to call a convention or meeting of any or all of the municipal presidents of the province at such place and time as it may designate, and it shall be the duty of the presidents called to attend the same: Provided, That not less than one nor more than four such conventions or meetings shall be called in any one year except upon previous approval of the department governor. In case any such convention or meeting is called for the purpose of considering or acting on special business, the call shall so state. The actual and necessary traveling expenses, going and returning, of the presidents called and actually attending such meetings shall be paid out of the provincial treasury upon approval by the provincial board, but shall not exceed the maximum amount allowed by law for traveling expenses of provincial officers. During the time that the municipal president is absent for the purpose of attending any such meeting the vice-president shall act in his place and shall receive therefor out of the municipal treasury a sum equal to the salary due the president for the same time. The president shall also receive the salary while absent for the said purpose.
ARTICLE 12.—Finance.
Provincial secretary-treasurer; duties and powers.
SEC. 34. Provincial secretary-treasurer; duties and powers.—There shall be a provincial secretary-treasurer: Provided, That the department governor may, in his discretion, authorize the department treasurer in person or by deputies to perform, in whole or in part, the duties devolving upon the provincial secretary-treasurer, without extra compensation : And provided further, That the traveling expenses1 of the department treasurer or his deputies when acting as provincial secretary-treasurers, shall be a proper charge against the funds of the respective provinces. The secretary-treasurer shall be the chief financial officer of the province, and his duties shall be as follows:
(a) Assessment of property.—He shall keep on file a -assessment of prop-copy of the tax assessment list of all real property in the province in his office, and shall make an alphabetical index thereof, which list and alphabetical index shall be a public record.
(b) Collection of taxes.—Except where otherwise specially, collection of taxes, provided, he shall, by himself or deputy, collect all taxes imposed upon property or persons in the province.
(c) Appointment of clerks, deputies, and so forth.—He shall have power to appoint as many deputies or clerks in his office as he may deem necessary, after he has obtained the approval of the provincial board and the department treasurer. Such deputies and clerks shall be selected under the provisions of the Civil Service Act: Provided, That he may require any municipal treasurer to act as deputy provincial treasurer.
(d) Custodian of funds.—He shall be the custodian of all funds and property of the province and shall account for all such in accordance with such rules and regulations as may be prescribed for such treasurers.
(e) Register of certificates.—He shall keep in his office open to the inspection of any person, a register of all certificates of registration issued in his province.
(d) Tax assessor.—He shall also act as ex officio provincial assessor in accordance with the provisions of the general assessment act of the department, when so designated by the department treasurer.
(g) Account to district auditor.—The provincial treasurer shall render such accounts as the district auditor may require of him.
(h) Requisition of supplies; property account.—All supplies, equipment, or property shall be purchased by him from the department treasurer upon the order of the provincial board, for the use of the provincial officers, except such supplies arid equipment which may be purchased in the local market at economical rates. Every requisition shall be accompanied by a certified copy of the resolution of the provincial board or municipal council making the necessary appropriation to cover the cost and expenses thereof, together with a certificate showing that there is sufficient money in the provincial or municipal treasury to cover the cost and expenses incurred by reason of the requisition.
(i) Mining recorder.—He shall act as mining recorder for the province under Act Numbered Six hundred and twenty-four.
(j) Record of licenses.—He shall keep a record, open to public inspection, of the names of all persons paying municipal licenses or privilege taxes, arranged alphabetically.
(k) Additional duties.—He shall perform such other lawful duties as may be required of him by the department treasurer.
Collection of provincial taxes.
SEC. 35. Collection of provincial taxes.—The taxes levied order of the provincial board shall be collected at the same time and in the same manner as taxes levied for municipal purposes in accordance with legislation now existing or hereafter enacted and the same procedure for appeals now or hereafter provided for municipal taxation shall be open to a taxpayer who disputes the legality of the provincial taxes. All the provisions of law for the assessment of the value of taxable property, for the enforcement of the collection of taxes and the forfeiture of property for delinquent taxes together with the redemption of land and the remedies therein provided for alleged unjust taxes, shall
apply to the collection and enforcement of provincial taxes, including the provision for penalties, and the municipal and provincial taxes may be collected in one legal proceeding in the name of the provincial treasurer for the use of the
municipality and the province.
ARTICLE 13.—Suspensions and removals.
Procedure in general.
SEC. 36. Procedure in general.—The following shall be the general procedure in removal and suspension of provincial and municipal officers and employees:
(a) Provincial officers.—Provincial officers may be suspended and removed for cause by the department governor in accordance with the provisions of section eight (g) hereof. The action of the department governor removing a provincial officer may be reviewed by the Governor-General upon appeal filed by the respondent officer.
(b) Provincial employees.—Provincial employees other than officers may be suspended by the provincial governor and removed by the majority vote of the provincial board, from whose decision an appeal shall lie to the department ' governor.
(c) Municipal officers.—Municipal officers and chiefs of -municipal officers. police may be suspended by the provincial governor and removed by the majority vote of the provincial board. In case of removal, the respondent municipal officer shall be entitled to an appeal to the department governor whose decision shall be final.
(d) Municipal employees.—Municipal employees other than officers may be suspended by the municipal president and removed by the majority vote of the municipal council: Provided, That clerks of the municipal treasurer may only be suspended by the municipal treasurer. In case of removal, the respondent municipal employee may appeal to the provincial board whose decision shall be final.
(e) General provisions.—Whenever any provincial or municipal officer or employee shall be suspended in accordance with the provisions of this section, it shall be the duty of the suspending officer not later than ten days from the day of the suspension to file written charges with the provincial board or municipal council, as the case may be, setting forth the nature of the complaints made against the suspended officer or employee. The board or council shall, at its first meeting held thereafter, whether the same be a regular or special meeting, furnish a copy of said charges to the accused officer or employee with a notification of the time and place of the hearing upon said charges, and at the time and place appointed the board or council shall proceed to hear and investigate the truth or falsity of the said charges, giving the suspended officer or employee full opportunity to be heard. The hearing shall occur as soon as may be practicable and in any event not later than fifteen days from the date the accused is furnished a copy of the charges, unless the suspended officer or employee shall, on good and sufficient reasons, request an extension of time to prepare his defense. The hearing before the board or council shall be public and shall be held without any unnecessary delay, and the testimony of the witnesses shall be taken in writing. Within thirty days after completion of the investigation, the board or council shall render in writing its findings as to the truth or falsity of the charges and decide whether or not the accused shall be dismissed from the service or punished by suspension not to exceed six months. From the decision of the board or council the respondent officer or employee shall be entitled to an appeal as hereinbefore prescribed, if the appeal is filed within fifteen days after receipt by such respondent officer or employee of the findings and decision of the board or council. Immediately upon receipt of notice of such appeal the board or council shall transmit the record containing the charges, evidence taken, findings, and decision in the case to the authority empowered to decide the appeal. In case the suspended officer or employee is ordered reinstated, payment may be ordered of his salary for the time of his suspension, but in no case shall payment of salary during the period of suspension be made to a suspended officer or employee who has been reinstated, unless such payment is expressly ordered to be made by the department governor.
(f) Special powers of department governor.—The provisions of thjs section shall not be construed to deprive the department governor of the power to investigate on his own motion, and for cause to suspend any officer or employee of the department or political subdivision thereof, and, with the consent and approval of the administrative council, remove such officer or employee.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
