Local government in the Philippine islands,
Laurel, Jose P. (Jose Paciano), 1891-1959.

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Page  III LOCAL GOVERNMENT IN THE PHILIPPINE ISLANDS

Page  IV By the Same Author THE ELECTION LAW OF THE PHILIPPINE ISLANDS, ANNOTATED, first edition, 1922; second edition, 1925. CASES ON MUNICIPAL CORPORATIONS, PHILIPPINE CASEBOOK SERIES, 1924. CASES ON CONSTITUTIONAL LAW, PHILIPPINE CASEBOOK SERIES, 1925.

Page  V LOCAL GOVERNMENT IN THE PHILIPPINE ISLANDS BY JOSE P. JAUREL, 1.C.L. (YALE UNIVERSITY) PROFESSORIAL LECTURER ON MUNICIPAL GOVERNMENT IN THE UNIVERSITY OF THE PHILIPPINES; FORMERLY SECRETARY OF THE INTERIOR WITH AN INTRODUCTION BY MAXIMO M. KALAW, PH.D. DEAN, COLLEGE OF LIBERAL ARTS, UNIVERSITY OF TIE PIIILIPrINES MANILA LA PILARICA PRESS 1926

Page  VI JS -73 L3 COPYRIGHT, 1926 BY JOSE P. LAUREL ALL RIGHTS RESERVED PRINTED IN THE PHILIPPINE ISLANDS

Page  VII To My Former Pupils in Municipal Government in the College of Liberal Arts, University of the Philippines, this Work is Affectionately Dedicated

Page  VIII The lisfozy of a nation is only tke kistozy of its villages written lazge. -WooDROW WILSON. -AdEMMIL- - -

Page  IX t ac- i. ' - J. ' 1 INTRODUCTION The time, the place, and the man are all present when Senator Laurel's LOCAL GOVERNMENT IN THE PHILIPPINE ISLANDS leaves the press. At a time when the United States and the world at large are evaluating our political experiences, the first book on local administration in the Philippines should be most welcome. The first great political reform made by America was the organization of our provincial and municipal governments. It took effect a quarter of a century ago; hence it is now high time that a serious study be made of it. Senator Laurel combines three fundamental qualities necessary for a successful study of our local government: his academic preparation, first as a law student in the University of the Philippines and then in Yale University where he secured the degree of doctor of civil law, and second as a lecturer on Municipal Government in the University of the Philippines where most of the chapters of the present book were given as lectures; his long experience in the Executive Bureau (which has as its main function the supervision of our local government), first as a mere clerk, then as head of the Bureau and Secretary of the Interior; and lastly, his present position as senator secured after a most strenuous campaign covering five provinces, ix

Page  X x INTRODUCTION where he was thrown in contact with actual practical workings of local politics. These are, indeed, ideal conditions to fit one for the writing of a successful treatise on local government. And the reader will not seek in vain for the fulfillment of his expectations. He will find in the following pages the carefully guarded statements of the scholar, ever supported by authorities, as well as the observations of the practical statesman who has been for years connected with local problems. Senator Laurel's book is a monument to his untiring energy, his scholarly vision, and his deep and abiding interest in the local problems of his country. I/1/v^^^^^^^

Page  XI PREFACE This book contains the series of lectures on Municipal Government delivered by the author in the College of Liberal Arts, University of the Philippines. The lectures have been made more comprehensive so as to be of greater use to provincial and municipal officials and other persons who may be interested in local government in the Philippines. This aim explains the inclusion in the book, as appendices, of the provincial and municipal laws and the laws relating to Mindanao and Sulu, as amended. Primarily designed to offer the author's pupils in the University of the Philippines a working text or reference bock on the subject, it is, however, confidently hoped that the following pages will be read with interest, if not with enthusiasm, by our local officials upon whose successful administration of local affairs may be said to hinge the needed stability of our political organization. The publication of this small volume has been made possible by the encouragement and sympathetic cooperation of my cousin, Mr. Alfredo L. Yatco, and my friend, Mr. Vicente M. Hilario, both of whom have offered valuable suggestions. TANAUAN, BATANGAS, PHILIPPINE ISLANDS, Christmas of 1925. xi

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Page  XIII TABLE OF CONTENTS PAGB Introduction.................................... ix Preface........................................ xi CHAPTER I THE IMPORTANCE OF MUNICIPAL INSTITUTIONS IN GENERAL Importance of Local Government.................. 1 Why Study Our Local Institutions?.............. 3 Establishment of Local Government in the Philippines - Its Purpose................................ 3 CHAPTER II LOCAL GOVERNMENT DURING THE PRE-SPANISH PERIOD The Need for Government........................ 6 Nature and Origin of the Ancient Filipinos......... 7 Civilization of the Early Natives.................. 8 The Pre-Spanish Government..................... 10 Early Forms of Social and Political Organization.... 13 The Institution of the Barangay................... 14 The Head of the Barangay........................ 15 Legislative, Executive, and Judicial Powers......... 16 Local Taxation................................... 22 Conclusion...................................... 22 xiii

Page  XIV xiv TABLE OF CONTENTS CHAPTER III SPANISH PERIOD: LOCAL GOVERNMENT PRIOR TO THE MAURA LAW PAGE The "Encomiendas" and the Clergy................ 24 The System Implanted............................ 27 Provinces and Pueblos............................ 28 First Towns Organized........................... 30 Election of Officials.............................. 32 The Chief and the Principalia; their Duties......... 33 Local Finance................................... 34 CHAPTER IV SPANISH PERIOD: THE MAURA LAW The Purpose of the Maura Law.................... 35 Why Examine the Maura Law?................... 36 The Framework of the Maura Law................. 36 The Municipal Council............................ 37 The Municipal Council and its Functions.......... 38 Special Duties of the Lieutenants.................. 38 Election of the Municipal Council.................. 39 Salaries of Officers.............................. 41 Qualifications of Officers......................... 41 Tenure of Office................................. 41 Exemptions..................................... 42 Duties and Powers of the Captain.................. 42 Barangays...................................... 42 Qualifications of the Cabeza de Barangay........... 43 Terms of Office.................................. 43 The Provincial Board............................ 43 Municipal Finance Under the Maura Law: a. Sources of Revenue...................... 44 b. Collection of Taxes...................... 45

Page  XV TABLE OF CONTENTS xV PAGE c. The Municipal Budget................... 46 General Provisions............................... 46 General Observations on the Maura Law............ 47 Centralization of Powers.......................... 47 The Intervention of the Church in State Affairs..... 48 Limited Franchise and Inadequate Election Method... 49 Defective Financial System........................ 60 The Maura Law a Creditable Piece of Legislation.... 51 The Maura Law a Belated Measure................ 52 Local Self-Government among the Filipinos During the Spanish Regime.............................. 53 CHAPTER V THE PLAN OF LOCAL GOVERNMENT UNDER THE PHILIPPINE REPUBLIC Local Government, the Corner-Stone of the Republic.. 56 The Organization of Municipalities................ 58 Selection of Officials............................. 59 Municipal Officials and Their Duties............... 60 Organization of the Provincial Government......... 61 Judicial Powers of Certain Local Officials.......... 62 Local Government Under the Malolos Constitution... 62 The Judiciary.................................... 63 Taxation....................................... 64 Local Government During the Filipino-American War 65 Observations: Filipino Leaders Had a Clear Conception of the Importance of Local Governments.... 66 CHAPTER VI LOCAL GOVERNMENT DURING THE MILITARY OCCUPATION The New Era for Municipalities................... 69 The First Towns Organized........................ 70

Page  XVI xvi TABLE OF CONTENTS PAGE The President: His duties and Powers............. 72 The Headman.................................... 72 The Council..................................... 72 The Plan for Municipal Government............... 73 The Alcalde and the Municipal Council.............. 75 M unicipal Elections.............................. 76 Vacancies...................................... 77 Qualification and Duties of Officials............... 77 The Aloalde..................................... 78 The Municipal Attorney........................... 79 The Municipal Secretary.......................... 79 The Municipal Treasurer.......................... 79 Salaries of Officials.............................. 79 Reelection...................................... 80 Exemptions from Municipal Service................ 80 Interest in Municipal Contracts.................... 80 The Municipal Council............................ 80 Q uorum........................................ 81 The Time and Place for Holding Meetings........... 82 Sessions of the Council........................... 83 The Journal of Proceedings....................... 83 The Passage of Ordinances........................ 84 The Taking Effect of Ordinance................... 84 Taxation and Finance............................ 84 Limitation upon Industrial Taxation............... 85 Change of Rate of Taxation....................... 85 The Supervisory Authority of the Provincial Governor over Municipalities and Officials............... 86 Observations.................................... 86 CHAPTER VII ORGANIZATION OF PROVINCES, MUNICIPALITIES, AND MINOR POLITICAL SUBDIVISIONS AFTER THE ESTABLISHMENT OF CIVIL GOVERNMENT

Page  XVII TABLE OF CONTENTS xvii PACE Instructions of President McKinley................ 88 Enactment of Acts Nos. 82 and 83................. 89 History of Act No. 82............................ 89 Origin of Act No. 83................. 93 Organization of Local Governments Under the New Acts....................................... 93 Townships and Settlements..................... 95 The Township Government and Its Officers......... 96 The Township President.......................... 96 The Township Vice-President...................... 97 The Township Secretary......................... 97 The Township Treasurer.................... 97 The Township Council............................ 97 Mandatory Powers of the Township Council......... 98 Discretionary Powers of the Township Council...... 98 The Township Police............................. 99 Township Finance............................. 99 Settlements................................ 99 Revision and Codification of Laws............... 100 CHAPTER VIII THE PROVINCIAL GOVERNMENT Political Units of Local Administration............. 102 Regularly Organized Provinces..................... 104 Provincial Offices and Officers.................... 105 The Provincial Governor......................... 105 The Provincial Treasurer....................... 107 Provincial Assessor............................... 108 The Provincial Board............................ 108 The Powers and Duties of the Provincial Board...... 109 The Provincial Budget............................ 111 The Provincial Funds............................. 112 The Government of Sub-Provinces................. 112

Page  XVIII xviii TABLE OF CONTENTS PAGE Duties of the Lieutenant-Governor................. 113 The Sub-Provincial Treasury...................... 113 CHAPTER IX THE MUNICIPAL GOVERNMENT Organization of Municipalities..................... 115 Classification of Municipalities..................... 115 Municipal Officials and their Qualifications......... 116 Vacancies in Municipal Office..................... 117 Duties of the Municipal President................. 118 Powers of the Municipal President................. 119 The Vice-President............................... 119 The Municipal Treasurer and His Duties........... 119 The Municipal Secretary and His Duties............ 121 The Municipal Councilor.......................... 121 Regular and Special Meetings of the Council........ 122 Municipal Ordinances and Resolutions............. 124 The Taking Effect of Ordinances.................. 125 The Mandatory Legislative Powers of the Council.... 126 Discretionary Legislative Powers of the Council..... 127 General Welfare Clause........................... 129 The Police Force................................. 129 Fire Department................................. 130 M unicipal Schools................................ 131 Municipal School Fund........................... 131 Municipal Revenue............................... 132 Municipal Budget................................ 133 Public Utilities and Fisheries..................... 134 CHAPTER X CHARTERED CITIES Manila and Baguio Only Chartered Cities........... 135

Page  XIX TABLE OF CONTENTS Zix PAGE The History of the City of Manila................. 135 Incorporation of the City of Manila Under Act 183... 138 Government of the City of Manila Under Act 183.... 139 Reorganization Under Act 1869................ 141 Present Government of the City of Manila.......... 142 The M ayor...................................... 142 Composition of the Municipal Board........... 144 Meetings of the Board................. 144 Powers and Duties of the Board............. 145 Functions of the Six Departments............ 146 Insular Aid for the City of Manila.............. 147 The City of Baguio.............................147 A General City Law Should be Adopted.............148 CHAPTER XI THE "MOROLAND" AND SPECIAL PROVINCES The Spanish Regime in Mindanao and Sulu........150 Era of Pacification by Military Authorities.......154 Disarmament of the Moros....................... 167 The Moro Province Described.............. 162 The Legislative Council........................... 163 District Officials and Employees-Their Appointment 164 Organization of Municipalities.............. 164 Organization of Tribal-Ward Governments......... 165 Organization of Tribal-Ward Courts............ 167 Policy of Attraction............................ 167 The Department of Mindanao and Sulu.......... 168 Departmental Organization................ 169 The Department Governor................... 170 The Department Secretary................... 172 The Department Attorney................ 172 The Department Delegate.................. 172

Page  XX XX TABLE OF CONTENTS PAGE The Department Treasurer.................... 172 Provincial Organization....................... 173 Municipal Organization....................... 176 Creation of Bureau of Non-Christian Tribes......... 177 Abolition of Department of Mindanao and Sulu...... 177 Special Provinces (Act 1396)..................... 179 Provincial Government Under Act No. 1396......... 182 Present Organization of Special Provincial Governments.................................... 182 The Provincial Officers in General............. 183 The Provincial Executive..................... 185 'The Provincial Board......................... 185 Other Provincial Officers..................... 186 Finance.................................... 187 Development of Self-Government among the NonChristian Tribes........................... 187 CHAPTER XII LEGISLATION AFFECTING PROVINCES, MUNICIPALITIES, AND OTHER MINOR POLITICAL SUBDIVISIONS Extension of Popular Control..................... 193 (a) The Governmnent of Townships and Settlements........................... 193 (b) The Municipal Government.............. 194 (c) The Provincial Government............. 195 (d) The Government of Sub-Provinces....... 196 (e) The Government of the Especially Organized Provinces....................... 196 CHAPTER XIII SUPERVISION AND CONTROL OF LOCAL GOVERNMENTS The Executive Bureau Formerly................... 199

Page  XXI TABLE OF CONTENTS xxi PAGE Reorganization of Executive Departments........... 200 The Department of the Interior: Administrative Supervision and Control over Local Governments: Its Agencies............................... 202 Functions of the Executive Bureau................. 206 The Bureau of Non-Christian Tribes............... 208 CHAPTER XIV THE ELECTION OF LOCAL OFFICIALS Underlying Principles............................. 211 The Australian Ballot System...................... 213 Introduction of the System in the Philippines........ 216 Supervision of Elections by the Executive Bureau.... 216 The General Election Law......................... 217 Election Precincts................................ 219 Polling-Places................................... 219 Voting-Booths................................... 219 Ballot-Boxes..................................... 219 Election Officers................................. 220 The Filing of Certificates of Candidacy............. 221 Limitation upon Campaign Expenditures............ 222 The Registration of Voters........................ 223 The Institution of a Permanent Electoral Census..... 223 Qualifications and Disqualifications of Electors...... 224 Ballots.......................................... 225 Official W atchers................................. 227 The Provincial Board and the Municipal Council as Boards of Canvassers...................... 228 Expenses of Election............................. 228 Limitation upon Reelection........................ 229 Contested Elections to Provincial and Municipal Offices 229 Corrupt Practices and Other Offenses.............. 230 Election in Mindanao and Sulu and Special Provinces 231

Page  XXII xxii TABLE OF CONTENTS PAGE Some Amendments to the Election Law Necessary... 232 Have we Succeeded at the Polls?................... 234 CHAPTER XV LOCAL OFFICIALS IN ACTION Our Local Officials............................... 236 Administrative Cases Against Local Officials........ 242 The Use of the English Language.................. 243 The Campaign Against Gambling and Other Vices.... 244 Gratifying Results................................ 244 CHAPTER XVI THE LEGAL POSITION OF OUR LOCAL COMMUNITIES Local Political Units Creatures of the State......... 246 Powers Classified................................ 247 General Legislative Power........................ 247 Mandatory and Discretionary Powers.............. 248 The Police Power................................ 249 General Limitations.............................. 251 The Rule in the Philippines Specifically Stated...... 253 Administrative Proceedings to Determine the Validity of Municipal Ordinances.................... 254 Taxes and Loans................................. 255 Liability for Tort................................ 259 Power to Enter into Contracts..................... 261 The Acquisition, Management, and Disposition of Property...................................... 261 Appropriations and Expenditures.................. 262 CHAPTER XVII WHAT SHOULD BE THE RELATIONS BETWEEN THE CENTRAL GOVERNMENT AND OUR LOCAL GOVERNMENTS IN GENERAL? Ancient and Mediaeval Cities..................... 264

Page  XXIII TABLE OF CONTENTS xxiis PACG The Right of Local Self-Government............... 266 Local Government a Constant Suppliant for Powers.. 269 State and Local Policies........................... 272 The Determination of Local Policy: the Reversal of the System................................... 273 CHAPTER XVIII MUNICIPAL REFORMS Reform Movements............................... 277 Reforms in Our City Government................. 279 Reform Should be Instituted in Our Chartered Cities First..................................... 280 The Use of the Initiative, Referendum, and Recall... 282 APPENDICES A-Prospect and Retrospect-Milestones in Filipino Local Autonomy............................ 289 B-Local Government and Administration in the Philippines................................ 294 C-Municipal Administration in the Philippines (The Maura Law).......................... 310 D-Aguinaldo's Proclamation of June 18, 1898, Establishing the Dictatorship.................. 339 E-General Orders No. 43, dated August, 8, 1899... 353 F-General Orders No. 18, dated January 29, 1900.. 356 G-General Orders No. 40, dated March 29, 1900.... 357 H-General Orders No. 179, dated July 20, 1901.... 379 I-The Provincial Law......................... 384 J-The Municipal Law......................... 413 K-Compilation of Provincial and Municipal Laws Relating to Mindanao and Sulu.............. 469 L-Classification of Municipalities............... 518 INDEX....................................... 529

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Page  1 LOCAL GOVERNMENT IN THE PHILIPPINE ISLANDS CHAPTER I THE IMPORTANCE OF MUNICIPAL INSTITUTIONS IN GENERAL Importance of Local Government.-"Local assemblies of citizens," says De Tocqueville, "constitute the strength of free nations. Town-meetings are to liberty what primary schools are to science; they bring it within the people's reach; they teach men how to use and how to enjoy it. A nation may establish a system of free government, but without the spirit of municipal institutions it cannot have the spirit of liberty."' Indeed, the history of mankind is inseparably linked with the progress of its municipal institutions. To speak of these institutions is to recall the grandeur and achievements of the cities that were, like Rome, urbs orbis, and the mediaeval cities that for centuries kept alive the spirit of liberty in Europe.2 More than merely of passing historical interest, the study of local in1 De Tocqueville, Alexis: Democracy in America (2 vols., revised ed. New York, 1899), I, p. 60. 2 Howe, Frederic C.: European Cities at Work (New York, 1913), generally. 1

Page  2 2 LOCAL GOVERNMENT IN THE PHILIPPINES stitutions should appeal to all." As life is socialistic rather than individualistic, men have to think in community terms. And there is nothing which touches the citizen and influences him in such countless ways as that local agency we call county, city, town, or hamlet. It touches more people at more points more frequently than does any other branch of government.4 It is invested, within certain limits, with important governmental powers whose exercise brings it in contact with the daily life of the citizen. What other institution, therefore, could be so near the heart of the people as highly to influence their thoughts, sentiments, and traditions and develop their capabilities for self-government? 5 8 "The storied splendors of the prehistoric cities of the old and new world are not wholly mythical... In the early Hellenic civilization the city was the state, governed in general by the whole body of free citizens, who met and discussed all questions of policy. The history of Rome is simply an account of the greatest municipal corporation the world has ever seen. The Roman Republic took its origin from the city of the Tiber. and was but a development and extension of that city; and the Empire erected on its foundations was remarkable for the power, influence, and wealth of the municipalities. During the Dark Ages the cities preserved what was left of knowledge, culture, and art. With the dawn of the Renaissance came Christianity and the feudal system, and the castle of the baron became the unit of government. The germ of the municipal corporation in England is to be traced to the 'farmer commonwealths' of the early Teutons, and each 'wick', 'ham', stead', or 'tun' took its name from the kinsmen who dwelt together therein... Our own towns were established in accordance with the English principles of liberty, but they generally possess greater powers of local self-government than their English prototypes"... Judge Deemer in State ex retl. White v. Barker (1902) 116, Ia. 96; 57 L. R. A. 244. 4 James, Herman G.: Municipal Functions (New York, 1917), "Introduction" by Clinton Roger Woodruff, p. x. 5 "He who makes the city makes the world. For though men may make cities, it is after all the cities which make men. Whether our national life is great or mean, whether our social virtues are mature or stunted, whether our sons are vicious or moral, whether religion is possible o; impossible, depends upon the city. To the reformer, the philanthropist, the economist, the politician, this vision

Page  3 IMPORTANCE OF MUNICIPAL INSTITUTIONS S Why Study Our Local Institutions?-Naturally enough, the study of our local institutions in the Philippines should be of deep and abiding interest to us. We have passed through various stages of development in this field in the midst of forces which, though antagonistic and progressive, are verily at work, until we have reached a certain degree of advancement and succeeded fairly well in making our municipal institutions popular. A historical review of this gradual process of development under a diversity of conditions and forces will show how far we have traveled, how laborious the journey has been, and how very distant we are from the goal. The coming of the Americans to these Islands has brought hither new ideas, good and bad; and the grafting of Anglo-American ideas and institutions upon the indigenous and Latin civilizations of these Islands has brought about a condition not reproduced anywhere else in the world.6 Originating from different sources, the Latin and Anglo-Saxon civilizations have met and blended here and are now flowing in one powerful current. Establishment of Local Government in the Philippines — Its Purpose.-Leaving aside the period of military occupation, we note that local governments were established in the Philippines primarily to train the people in the art of selfgovernment. Hence, President McKinley, in his famous of the city is the great classic of social literature."-Drummond, Henry quoted in Munro, William Bennett: The Government of American Cities (New York, 1909), ch. ii, pp. 51-52. It was Bryce who said that nothing has more contributed to give strength and flexibility to the Government of the United States, or to train the masses of the people to work.... their democratic institutions, than the existence everywhere in the Northern States of selfgoverning administrative units, such as townships, small enough to enlist the personal interest and be subject to the personal watchfulness and control of the ordinary citizen.-Bryce, James: The American Commonwealth, (New York, 1919), II, p. 659. O Foreword of Justice Thomas A. Street in Cases on Municipal Corporations (Manila, 1924), V, by Jose P. Laurel.

Page  4 4 LOCAL GOVERNMENT IN THE PHILIPPINES Instructions to the Taft Commission, enjoined upon this body the observance of certain inviolable rules: (1) that, in the distribution of powers among the governments organized by the Commission, the presumption shall always be in favor of smaller political divisions so that all the powers which can properly be exercised by such divisions shall be vested in them; (2) that municipal governments shall be afforded the opportunity to manage their own affairs to the fullest extent of which they are capable; and, (3) that, in the selection of local officials, the natives of the Islands shall be preferred, if competent and willing.1 Whether or not this benign and beneficent policy of President McKinley has been observed or carried out is a topic certainly not lacking interest for discussion. The stability of our Government, deemed a prerequisite to the concession of our independence, may well be founded upon the stability of our local governments. And, to willing and unbiased observers, the success attained by Filipinos in the administration of their local affairs should be a means of forecasting the sturdiness and permanence of an institution which is the foundation-stone of popular government. Primarily and originally designed to develop the capabilities of a people for self-government, the present policy of Filipino control of local affairs must be continued and the consequent responsibility must be thrown upon those officials who are directly called upon to shoulder it. Upon the continuance of this policy will depend in no small measure the cultivation and practice of civic patriotism, which is one of the chief duties pertaining to 7 Instructions of President McKinley to the Taft Commission, April 7, 1900, I, Public Laws, Philippine Islands, p. lxiii; U. S. v. Salaverfa (1918), 39 Phil. 102; Laurel, JOBs P.: Cases on Municipal Corporations (Manila, 1924), p. 358.

Page  5 IMPORTANCE OF MUNICIPAL INSTITUTIONS 6 citizenship,-that life-giving patriotism, characterized by Judge Dillon as "the feeling and the taking of a deep unselfish, earnest, ever-wakeful, active interest in the affairs of one's own city or local community, regarding it as having an autonomy, a distinct personality, a name and interests of its own, and, if one pleases, endowed with a sense of personal honor and with all laudable ambitions for the promotion of the welfare of its people".8 Indeed, the prime obligation of citizenship is the development of a feeling of personal responsibility in public affairs, a responsibility that will compel us to think and to act in civic matters.9 Otherwise, how can we prevent slavish adherence to our institutions, if the great mass of people do not understand them, still less realize their importance to the life of the nation? Civic patriotism is not wanting among the Filipinos, but there is need of continually encouraging and fostering it so that it may not lapse or suffer atrophy. Popular government is vitalized by civic patriotism. 8 Dillon, John F.: Commentaries on thb Law of Municipal Corporations (5 vols. 5th ed. Boston, 1911), I, p. F6. 9 Fasset, Charles M.: Handbook of lMunicipal Government (New York, 1922), p. 172.

Page  6 CHAPTER II LOCAL GOVERNMENT DURING THE PRE-SPANISH PERIOD The Need for Government.-A study of the pre-Spanish local government demands an investigation of its earliest peoples, their general culture, institutions, and even their traditions; but the task of giving an accurate description of the native government is fraught with difficulties because of the lack or uncertainty of information on the subject. Although the natives possessed an alphabet long before the coming of the Spaniards and the knowledge of reading and writing was fairly general among them, they had no written literature of any kind.10 It would not, however, be difficult to prove that the early inhabitants of these Islands had a certain form of government, if it could be shown that they were possessed of a culture of their own; for culture, broadly speaking, implies a certain degree of a people's consciousness,-and group consciousness, however slight, gives rise to some kind of government. There must have been some kind of government in the Philippines before the coming of the Spaniards; for, as Guizot truly remarks, "no society can exist a week, no, not even an hour, without government".1 Government is, indeed, a necessity; and no people since the formation of the world has been known to exist without government in some 10 Blair and Robertson: The Philippine Islands, I, p. 44. 11 Guizot, F. P. G.: History of Civilization, (New York, 1846), I, p. 108. 8

Page  7 LOCAL GOVERNMENT IN PRE-SPANISH PERIOD 7 form or another.12 Man's nature requires government.18 Man has been gregarious by nature; and, emerging from a state of barbarism, he naturally sought the society and fellowship of his kind. Rude gatherings and somewhat formless centers of population were the result, and from these were evolved better forms of organization and a higher degree of compactness. Indeed, evolution has always been progressive; and scientists tell us that the trend has been from the unorganized to the organized, from the protoplasmic to the more complex, higher, and more efficient forms of life."1 Nature and Origin of the Ancient Filipinos. —'Scholars, who have devoted their precious time to the study of the origin of the ancient Filipinos, believe that the early settlers of these Islands were descendants of the Malays of the mainland of Malacca. Father Francisco Colins, writing about the ancient Filipinos, says: "From the shape, number, and use of characters and letters of this nation, it is quite evident that they are all taken from the Moro-Malays and originated from the Arabs... For if some of these Islands have been, at any time, since the flood, part of the continent, from that time men and animals could remain in them; while if they have been always islands, the nearness of them to others and some of them to the mainland of Asia, whence begun the propagation of the human race and the settlement of the descendants of Noah, is sufficient reason why some of them could have come to se(tie these regions.51 The striking resemblance of the Tagalog and other native languages with the Malayan tongue seems 12 Hood v. Maxwell, (1866), 1 W. Va. 219, 242. 1s Malcolm, George A.: The Government of the Philippine Islands (1916), p. 14. 14 State ex ret. White v. Bapker (1902) 116 Ia. 96; 57 L. R. A. 244, Vide p. 2 supra. 15 Blair and Robertson: The Philippine Islands, LX, pp. 48-50.

Page  8 8 LOCAL GOVERNMENT IN THE PHILIPPINES to corroborate the theory that the ancient Filipinos were of Malayan descent. Civilization of the Early Natives.-Long before the coming of the Spaniards, the early inhabitants had already acquired a culture distinctly their own. They possessed an alphabet, and the knowledge of writing and reading was fairly general among them.'6 When they were discovered by the Spaniards, they were found engaged in the cultivation of the soil and in other such industries as fishing, boatbuilding, and weaving. They also had trade relations with the neighboring countries, particularly with China and Japan.'7 They also had a system of government reared on family units, and laws founded on customs and traditions. That they had already reached a certain degree of civilization at the time of the Spanish conquest is attested to by unprejudiced writers of different nationalities. Foreman says that the inhabitants of these Islands were by no means savages, entirely unreclaimed from barbarism before the Spanish advent in the sixteenth century. They had a civilization of their own.'8 Ferdinand Blumentritt, an Austrian scholar, is of the same opinion.'9 Justice Malcolm,after carefully studying the institutions of the ancient Filipinos, concludes that there is nothing to indicate that the people of the Philippines had such innate characteristics as implied inferior incapacity; but, on the contrary, they had the same relative civilization as had been found in the early history of all progressive races.20 Justice Ro16 Blair and Robertson: The Philippine Islands, I, p. 44. 17 Craig and Benitez: Philippine Progress Prior to 1898, (1916), ch. i. 18 Foreman, John, The Philippine Islands (1906) 3d ed., p. 166. 19 Philippine Information Society: The Philippine Problem, May 1, 1901, pp. 9-13. 20 Malcolm, George A.: The Government of the Philippine Islands (1916), pp. 43-44.

Page  9 LOCAL GOVERNMENT IN PRE-SPANISH PERIOD 9 mualdez, in his study of our pre-historic legislation, gives substantial evidence that the civilization enjoyed by the ancient Filipinos was distinctly their own." 21 Romualdez, Norberto: Pre-historic Legislation of the Philippines in the Philippine Law Journal, I, November, 1914, p. 179. "He obscures also the fact that his ancestors had a well-defined civilization when the Spaniard came, but that great, essential and basic fact need not be obscured here. In spite of their unfashionable eccentricities about dress, all Malays have some degree of culture and have had it for centuries; they are not a race of savages nor even of barbarians. For instance, the Spaniards found that the natives of these Islands built and lived in planned houses, had a system of government, maintained a system of jurisprudence, dwelt often in ordered cities and towns, and knew and practised the arts familiar to the most advanced peoples of their times. Gunpowder they knew and used before 1300, when it had not yet been introduced in Europe; and they made such excellent firearms as to astonish the Spaniards. At the siege of Manila, 1570, the natives defended their city with cannon, and the captors found within the walls the factory where these guns had been forged, as well equipped and ordered as any in Europe. "The Islanders were expert in other metal-working, skillful shipbuilders, carpenters. Copper they had worked; but bronze, of which their great guns were made, they imported from China. Some of their art in silver-work remains to excite, even now, for exquisite design and faultless workmanship, the admiration of the judicious. They wove cloths of cotton, hemp, and other fibers. They were, in fact, inheritors of two great cultural infiltrations upon what culture the Malays had possessed two thousand years before; because on one side was the influence of the Hindoos and on the other the civilization of the Chinese, while to these had begun to be added, years before the Spanish came, stray gleams of information transmitted roundabout from Europe. "All this is inconsistent with the theory of the head-hunter and the wild man of the woods, but is nevertheless the incontestable record. Heathen they were called, but they had a religion, not at all contemptible, and an excellent code of morals. They were natural musicians, possessed a variety of musical instrumentsf and even some attainments in ensemble playing, for they had native orchestras. They were fond of poetry and honored their poets. Finally, what will seem most astonishing now, in the ear of the stranger, they had a written alphabet and books." —Russell, Charles Edward: The Outlook for the Philippines (New York, 1922), pp. 26-27.

Page  10 10 LOCAL GOVERNMENT IN THE PHILIPPINES The Pre-Spanish Government.-The most striking characteristic of the government of the early inhabitants of "Introduction of Islam.-Long before the Spaniards came, the Sulu Archipelago was well known to foreign traders and the natives of this group who are expert seamen had been trading freely with the neighboring islands of the Philippine group and beyond. "Mohamedanism was introduced and firmly established in the Sulu Archipelago by Makdum, a noted Arabian scholar, who converted the Moluccas into Mohammedanism and proceeded to Sulu to continue his work of converting people to the Mohammedan faith. He reached Sulu about 1380. Because of his knowledge of magic and medicine and doubtless of his extraordinary personality as well, he was very successful in gaining adherents to the Mohammedan religion. Because of the arrival later of Raja Baginda, a king from central Sumatra, who continued the work of Makdum, the position of Mohammedanism in the South was greatly strengthened. Raja Baginda finally became the ruler of Sulu. He was joined by Abu Bakr who seemed to have been quite a learned man and proved to be a progressive ruler when he succeeded Raja Baginda. Abu Bakr also continued the work of his predecessors and gave further impetus to the growth of Mohammedanism. "Five hundred years of Mohammedan civilization.-The coming of Makdum to Sulu in 1380, or 543 years ago, was the beginning of the implantation of the Mohammedan civilization in the southern part of the Philippines. This civilization, which antedates the coming of the Spaniards, has withstood all attempts at conversion into Christianity and to this day it remains practically intact. It is their social and political make-up that is showing the effects of the influence of Occidental civilization. Because of community in religion, the Mohammedans form a compact unit in the Philippines; and while they adapt themselves to social changes, they stand united and firm as adamant against any intrusion into their religion. "Racial Homogeneity.-It is not uncommon for foreigners who have visited the different sections of the Philippines to deny homogeneity in the Filipinos. Such a denial is based on the linguistic, religious, and cultural differences which are distinctly noticeable among the groups constituting the Islands' population. While those differences cannot, in most instances, be disputed, a careful study of Philippine history would show that they are not fundamental and that, despite them, the Filipino people are as homogeneous as are the people of the United States, if not more so. Regardless of whether they are Visayans, Tagalogs, Ilocanos, Moros, or Igorots, historians concede that most of them now belong to one blended racial stock, commonly termed the Malay race, to which also belong the peoples of the Malay Peninsula, Sumatra, Java, Borneo, and other islands qbetween the

Page  11 LOCAL GOVERNMENT IN PRE-SPANISH PERIOD 11 these Islands, as shown by chroniclers of the time, was the lack of some central authority which is generally found in well-established states. Writings of the first missionaries point out the fact that the natives had neither kings Pacific and Indian Oceans. It is a race originally appearing in southeastern Asia and which spread in the early countries, in successive periods, throughout the islands of Oceania. "According to Dr. H. Otley Beyer, Professor of Anthropology and Ethnology, University of the Philippines, general waves of Indonesian migrations began to leave southeastern Asia and spread throughout the Oceanic Islands about 2,000 years B. C. Those Indonesians invaded the Philippines and other islands in the Malaysian group. The probable cause of the Indonesians leaving southeastern Asia was the pressure of migrating Mongoloid people from Central Asia. The admixture of Mongoloids and Indonesians resulted in the formation of an important group termed the Malay Group. To this blended type belongs practically the entire population of the Philippines. The Malays invaded the Philippine Archipelago, probably about 1,500 B. C.; and just as the Indonesians pushed the primitive people of the Philippines (the Negritos) into the mountains, the Malays drove the Indonesians into the interior. The fact that there are still to be found relatively pure types of Indonesians in the interior regions and the further fact that there are large numbers of Filipinos who show Indonesian characteristics would seem to be sufficient indication that many of the preceding peoples of the Philippines were not exterminated by the later invasions of Malays, but rather absorbed by them. In fact, about 30% of the population of the Philippines show physical evidence of descent from Indonesian ancestry. "It will thus be seen that for more than three thousand years there has been going on in the islands of Malaysia, including the Philippines, a general blending of diverse racial elements which has given rise to a number of groups of relatively uniform people, but which has developed certain local and distinctive characteristics.. So in the Philippines we find various groups of people belonging to one race, but speaking different dialects and possessing other differences in general economic and social life. The most important of these groups are the Visayans, Tagalogs, Ilocanos, and Bicols. "The important thing to remember is that the Filipinos sprang from one racial stock. A L. Kroeber, Professor of Anthropology, University of California, in his book entitled 'Peoples of the Philippines.' says that in the Philippines 90% or more of the population are of the Malayan type, in which are included all of the Christians, certainly the majority of the Mohammedans, and at least some of the pagans like the Subanons of Mindanao. The remaining 10%

Page  12 12 LOCAL GOVERNMENT IN THE PHILIPPINES nor lords, and consequently, could not act in concert.22 They were so divided among themselves and had so little dealing with one another that each small group functioned are made up of those who show distinctly non-Malay characteristics,-of those who have Chinese, European, and other foreign blood and of foreign residents." /(The Non-Christian Problem of the Philippines by Jose G. Sanvictores, formerly Director, Bureau of Non-Christian Tribes; unpublished). "It is the custom to deny to the Malay people the traditions of great organized government. The individualism of isolated village life is an obstacle to centralized power. But many times in recorded history empires vast in territory but sparse in population have been founded by Malay chieftains, formed from shifting groups of lesser kingdoms. Many of their royal families today, shorn of their powers, still claim descent from such heroes of antiquity as Alexander and Mohammed. The greatest of all their efforts at empire was that of Madjapahit of Java.... "In a quarrel between princes of the leading house in Java in 1292, Raden Widjaya appealed to the Chinese Emperor Kublai Khan for aid; the Great Khan sent two of his ablest generals, with a large fleet and twenty thousand troops. With their assistance, Raden Widjaya established himself upon the throne and then turned upon his Chinese allies, driving them out of Java with a loss of more than three thousand men. From them he had learned the use of firearms, which explains his subsequent success in founding a large empire and subjugating all his neighbors. The greatest of the line of rulers of Madjapahit was the fourth, named Hayam Wuruk, and it was during his reign of fifty years in the fourteenth century that the Empire attained its greatest dimensions, inclrding the whole Malay Archipelago, Borneo, Celebes, and the Philippines, as well as Java and Sumatra. The kindred races in Siam and Cambodia were rendered tributary. IndianJavanese culture spread rapidly through the Empire and many evidences of it survive today. In the Philippines, the chief centers of the imperial power, as mentioned in their records, were on Manila Bay, near Lake Lanao in Mindanao, and in Sulu. There and in many other places traces of their culture survive; even among such primitive peoples as the pagan Mangyans of Mindoro, the inhabitants today communicate with one another in the old Indian syllabic writing. The Imperial Federation was finally overthrown by the Mohammedan incursions from the west. To them and to the first Spanish priests is due the destruction of the ancient culture of the people of the Philippines."-Harrison, Francis Burton: The Corner-Stone of Philippine Independence (New York, 1922), pp. 16-17. 22 Blair and Robertson: The Philippine Islands, I and XL, p. 82.

Page  13 LOCAL GOVERNMENT IN PRE-SPANISH PERIOD 13 like an independent state; and the most powerful chief always dominated the weak ones.23 Some writers, however, believed that the inhabitants of the western and southern shores of the Lingayen Gulf had, as early as the fifteenth century, "a small realm of their own, sending an embassy to China in 1406 and presenting the Emperor with gifts as excellent horses, silver, and other objects and receiving in return paper money and silk".24 Father Francisco Combes, in his Historia de las Islas de Mindanao, speaks of "the kings, although so tyrannical in government and in power so beyond the affliction and trouble which authority and ostentation incur, yet, according to the condition of their property, maintain the form and authority of the court.2" Early Forms of Social and Political Organization. — Families were the units of their social organization. As in all countries, the earliest manifestation of this social organization was the family which was believed to be patriarchal.27 The family broadened into the "house" or gens, and over this a chief kinsman rules.28 Then it extended to include distant relatives and slaves and broadened itself into a barangay or confederation of barangays for mutual protection and other purposes, because this accomplishment called for concerted action. These barangays were "aris23 Blair and Robertson: The Philippine Islands, III, p. 54. 24 Craig and Benitez: Philippine Progress Prior to 1898. 25 Combes, Francisco: Historia de los Islas de Mindanao; Blair and Robertson: The Philippine Islands, XI, p. 152. 26 See Wilson, Woodrow: The State (1918), p. 6. 2T Ibid, p. 6. 28 Ibid. "The government of these people was purely patriarchal, like that of their far-away forebears in central Asia. Their villages were largely self-governing communities, presided over by a chief whose office had become hereditary. At different times these villages combined in confederacies, or were conquered and bound into a kingdom. The village communities were self-sustaining, and travel

Page  14 14 LOCAL GOVERNMENT IN THE PHILIPPINES tocratic in form with monarchical tendencies.2 The institution of the barangay, with its chief or head, which formed the historical administrative unit of the Philippines, has come to us from the remote period of the immigration of the Malays. The institution was found in vogue among the natives and was given due recognition by Legazpi. The word barangay according to tradition, is derived from the word balangay, meaning a small vessel in which the early Malayan immigrants came to the Philippines. In each boat came one whole family, consisting of parents, children, relatives, and slaves under the leadership of a captain or person superior to them all. On landing, they laid claim to a piece of land, appropriated it for their settlement, and cultivated it for their maintenance. They retained the word balangay to designate their group, and in the course of time it was corrupted into barangay. As they came to settle the Islands in this way, each barangay soon became nothing more than an enlarged family. If the head of this enlarged family was powerful, as was often the case, he became the chief or the dato of the barangay thus formed. The succeeding chief need not necessarily be the father of the family, but it was the common practice to recognize as chief the man who was most revered and who, too, had shown prowess in war. Primarily, each barangay was composed of fifty families; but the number varied in different places. Father was impelled chiefly by desire for conquest or because of over-population. Commerce was brought to them by the Chinese or the Arabs, and agriculture by the natives of India. The free and adventurous spirit of the hunter and the roving fisherman developed a brave and reckless type which in later ages came to be known for a guerilla warfare by sea that stamped them as pirates. Those who so called them had, themselves, possibly as good a title to the name."-Harrison, Francis Burton: The Corner-Stone of Philippine Independence (New York, 1922), p. 14. 29 Malcolm, George A.: The Government of the Philippine Islands (1916) p. 31.

Page  15 LOCAL GOVERNMENT IN PRE-SPANISH PERIOD 15 San Antonio, in his Cronicas, states that each barangay consisted of one hundred persons or less; while, as observed by Salcedo, in Ilocos Sur the number of the inhabitants in a single barangay reached as many as seven thousand.30 The Head of the Barangay.-The chief was the absolute ruler in whose hands were the legislative, executive, and judicial powers of the government. He was their highest war-lord. He was assisted by subordinate chiefs, known as "second" and "third" chiefs, and by the elders. The elders were the patriarchs of the village, who had once been chiefs and who had retired from active control of the village affairs because of old age or infirmity. They were invaluable as advisers to the chief.81 Lordship was inherited in the male line and by a succession of father and son and their descendants. If they were lacking, their brothers and collateral relatives succeeded. As was indicated, the chief had unlimited powers. "The superiority of these chiefs over those of their barangay was so great that they held the latter as subjects: they treated these well or ill, and disposed of their persons, their children, and their possessions at will without any St Tavera, T. H. Pardo de: The Philippine Census of 190*, I, p. 324. '1 Rizal's Edition of Antonio de Morga's Sucesos de las Islas Filipinas, (1609) quoted in Blair and Robertson: The Philippine Islands, XVI, pp,. 119-121. "Their duty was to rule and govern their subjects and followers, and to assist them in their interests and necessities. What the chiefs received from their followers was to be held by them in great veneration and respect; and they were served in their wars and voyages and in their tilling, sawing, fishing, and the building of their houses. To these duties the natives attended very promptly, whenever summoned by their chief. They also paid the chiefs tribute (which they called buiz), in varying quantities, in the crops that they gathered. The descendants of such chiefs, and their relatives, even though they did not inherit the lordship, were held in the same respect and consideration." Malcolm, George A.: The Government of the Philippine Islands, (1916), pp. 29-30.

Page  16 16 LOCAL GOVERNMENT IN THE PHILIPPINES resistance or rendering account to anyone. For very slight annoyances and for slight occasions, they were wont to kill or wound them, and to enslave them. It has happened that the chiefs have made perpetual slaves of persons who have gone by them, while bathing in the river, or who have raised their eyes to look at them less respectfully and for other similar causes."" Legislative, Executive, and Judicial Powers.-The barangay, under the absolute sovereignty of the chief, constituted the administrative unit of the pre-Spanish native government, and each barangay was like an independent state. The chief, within his own state, was the government; for as stated above, he was invested with legislative, executive, and judicial powers. The law-making process practised by the different independent barangays had striking similarity to each other, both in procedure and in subject-matter. Laws were unwritten and were based very largely on customs and traditions. Morga, in speaking of the native laws, said that they were made in the same manner; and they followed the traditions and customs of their ancestors, without anything being written.33 Some provinces had different customs from those of others in some respects. However, they agreed in most; and in all the islands the same usages were followed.3' Professor Bourne of Yale believes 2s Morga's Sucesos de las Islas Filipinas; Blair and Robertson: The Philippine Islands, XVI, pp. 119-121. 3s Governor Harrison gives an account of his experience among the mountaineers of Northern Luzon. He attended certain religious festivities in an Ifugao village and the head of a family chanted the names of his ancestors, of whom he could enumerate thirtyfive. Five old men of this village could repeat without differing trom one another the whole saga of the Ifugaos, though the poem took three days to recite.-Harrison, Francis Burton: The CornerStone of Philippine Independence, (New York, 1922) p. 30. a4 San Antonio, Juan Francisco de: Cr6nicas: Blair and Robertson, The Philippine Islands, XL., p. 348.

Page  17 LOCAL GOVERNMENT IN PRE-SPANISH PERIOD 17 that, although they possessed an alphabet, they had no written literature of any kind.'5 But the possession of an alphabet by the Philippines together with the recent discovery of the Penal Code of the Calantiao,"3 supposed " Blair and Robertson: The Philippine slands, I, p. 44. 3s The Code contains eighteen articles, as follows: Article 1. Ye shall not kill; neither shall ye steal; neither shall ye do hurt to the aged; lest ye incur the danger of death. All those who infringe this order shall be condemned to death by being drowned with stones in the river, or in boiling water. Article 2. Ye shall obey. Let all your debts with the headmen (principaes) be met punctually. He who does not obey shall receive for the first offense one hundred lashes. If the debt is large, he shall be condemned to thrust his hand thrice into boiling water. For the second offense, he shall be condemned to be beaten to death. Article 3. Obey ye: let no one have women that are very young; nor more than he can support; nor be given to excessive lust. He who does not comply with, obey, and observe this order shall be condemned to swim for three hours for the first time; and for the second time, to be beaten to death with sharp thorns; or, for the second time, he shall be lacerated with thorns. Article 4. Observe and obey ye: let no one disturb the quiet of graves, when passing by the caves and trees where they are. Give respect to them. He who does not observe this order shall be killed by ants, or beaten with thorns until he dies. Article 5. Ye shall obey: he who makes exchange for food, let it be always done in accordance with his word. He who does not comply, shall be beaten for one hour; he who repeats the offense shall be exposed for one day among ants. Article 6. Ye shall be obliged to revere sites that are held in respect, such as those of trees of recognized worth, and other sites. He who fails to comply shall pay with one month's work in gold or in honey. Article 7. They shall be put to death: he who kills trees of veneration or venerable appearance; he who shoots arrows at night at old men and women; he who enters the houses of the headmen (princpales) without permission; he who kills the first shark, or the streaked crocodile (cayman). Article 8. Slavery for a daom (a certain period of time) shall be suffered: by those who steal away the women of the headmen; by him who keeps ill-tempered dogs that bite the headmen; by him who burns the fields of another. Article 9. All those shall be beaten for two days who: sing while traveling by night; kill the bird Manaul; tear the documents be

Page  18 18 LOCAL GOVERNMENT IN THE PHILIPPINES to have been written in 1433, led Justice Malcolnm to believe that some of their laws must have been put in writlonging to the headmen; are malicious liars; or mock the dead. Article 10. It shall be an obligation: let every mother teach matters pertaining to lust secretly to her daughters, and prepare them for womanhood; let not men be cruel or punish their women when they catch them in the act of adultery. Whoever shall disobey shall be killed by being cut to pieces ahd thrown to the crocodile (cayman). Article 11. They shall be burned: those who by their strength or cunning have mocked at and escaped punishment; or who have killed young boys; or try to steal away the women of agorangs (rich men). Article 12. They shall be drowned: all those slaves who interfere with their superiors, or their owners or masters; all those who abuse themselves through their lust; those who destroy their anitos by breaking them or throwing them down. Article 13. All those shall be exposed to the ants for half a day: who kill black cats during a new moon; or steal anything from the chiefs and agorangs, however small it be. Article 14. Those shall be made slaves for life: who have beautiful daughters and deny them to the sons of chiefs, and with bad faith hide them away. Article 15. Those shall be beaten: who eat the diseased flesh of the beasts which they held in respect, or the herbs which they considered good; who wounded or killed the young of the Manaul, or the white monkey. Article 16. The fingers shall be cut off: of all those who break idols of wood and clay in their olangans and temples; of those who destroy the daggers of the tqagaonns or use them for killing pigs, or break the drinking-jars of the latter. Article 17. Those shall be killed who profane sites where idols are kept, and sites where are buried the sacred things of their diuafas (spirits) and headmen. He who performs his necessities in those places shall be burned. Article 18. Those who do not cause these rules to be obeyed if they are headmen, they shall be put to death by being stoned and crushed; and if they are agoranas, they shall be placed in rivers, to be eaten by sharks and crocodiles (caymans). Jose Maria Pavon Aranguru, Las Antiguas Leyendas de la Isla de Negros (1838), recovered and translated into English by Dr. James A. Robertson under the title, "Social Structure of, and Ideas of Law among, early Philippine Peoples, and a recently discovered Pre-historic Criminal Code of the Philippine Islands"; Stephens and Bolton, The Pacific Ocean in History, p. 160; Malcolm, George A. and Kalaw,

Page  19 LOCAL GOVERNMENT IN PRE-SPANISH PERIOD 19 ing." These laws, according to Secretary Araneta, pri. mitive as they were, can favorably be compared with those of the Greeks and Romans; ' and taking into consideration the circumstances and the epoch in which they were framed, we may conclude that they were, according to Justice Romualdez, as wise and humane as were those of the nations then at the head of civilization.39 These laws were made and promulgated by the chief after due consultation with their elders. The natives believed that these laws had been left them by Goddess Lubl.uban.'0 To some persons, these laws seemed too rigorous for the natives; but the laws were general among them." To many observers, they were not very barbarous for barbarians.42 They were even enforced during the first few years of Spanish sovereignty, but were gradually replaced by the laws promulgated by the conquerors.4" These laws, according to Justice Malcolm, touched upon many subjects we find in modern codes." Law-making among the Moros was a very interesting process, for it had the semblance of modern legislative practice. Father Colins gives a very good description of the Maximo M.: Philippine Government (1923) ch. I., pp. 18-28. sT Malcolm, George A.: The Government of the Philippine Islands (1916), p. 35. 8s Araneta, Gregorio: Penal Legislation of the Philippine Islands, III, Philippine Law Review, February, 1914. s8 Romualdez, Norberto: Pre-Historic Legislation of the Philippines, I, Philippine Law Journal, November, 1914, p. 179. 40 Blair and Robertson: The Philippine Islands, XL, pp. 84-86. 41 Ibid. 42 Ibid. 4s Report of the Philippine Commission, (1900), 1, pp. 60-61; Placencia in Blair and Robertson: The Philippine Islands, Volume XVI, p. 321. 44 Malcolm, George A.: The Government of the Philippine Islands, (1916), p. 36.

Page  20 20 LOCAL GOVERNMENT IN THE PHILIPPINES law-making methods of the Moros.4 The executive and judicial machinery of the government were rather simple, for they were in the hands of the chief and his assistants. In the exercise of judicial functions, the chief was assisted by the principal elders who constituted the jury. He was their sole judge and arbiter in cases of litigation in which his subjects were involved. He heard and decided the case according to their laws and usages. When the litigants belonged to different barangays, the case was tried and heard publicly by arbiters chosen by and from among themselves. In all these cases, oaths were administered. The usual procedure followed in the courts is very well presented by Father Colins in his Native Races and their Customs."4 The chief, as the sole judge and arbiter, 45 -When the laws were to be enacted for governing the commonwealth, the greatest chief, whom all the rest obeyed, assembled in his own house all the other chiefs of the village; and when they had come, he made a speech, with the declaration that, to correct the many criminal acts which were being committed, it was necessary that they impose penalties and enact ordinances, so that these evils might be remedied and that all might live in peace. This practice was not in vogue among the pintados, because no one of them was willing to recognize anyone as his superior. Then the other chiefs replied that this practice seemed good to them; and that since he was the greatest chief of all, he might do anything whenever it appeared to him just, and they would approve it. Accordingly, that chief made such regulations as he deemed necessary. These MGros possessed the art of writing, which no other natives of the Islands had. The other chiefs approved what he ordained. Immediately came a public crier, whom they call the 'umalahocan', who was properly a mayordomo, or steward; he would take a bell, go through the village, and announce in each district the regulations which had been made. The people would reply that they would obey; and, from that time on, he who incurred the penalties of the levy would be taken to the chief, who would sentence him accordingly. If the penalty was death and the condemned man was pardoned, he would become a slave.-Blair and Robertson: The Philippine Islands, XL, pp. 84-86. '4 The usual procedure is described by Father Colins as follows: "For the determination of their suits, both civil and criminal, there

Page  21 LOCAL GOVERNMENT IN PRE-SPANISH PERIOD 21 presided over the court. He first attempted to reconcile the parties to a suit in order to avoid further court proceedings. If they failed to make up for their differences, the trial proceeded; and the parties had to abide by the decision of the court. In cases of murder, distinctions were made on the basis of the rank to which the murdered or the murderer belonged. In cases of theft, if more than one person were held under suspicion, a canonical was no other judge than the said chief, with the assistance of some old men of the same barangay. With them the suit was determined in the following form: They had the opponents summoned, and endeavored to have them come to an agreement. But if they would not agree, then an oath was administered to each one, to the effect that he would abide by what was determined and done. Then they called for witnesses, and examined summarily. If the proof was equal (on both sides), the difference was split; but, if it were unequal, the sentence was given in favor of the one who conquered. If the one who was defeated resisted, the judge made himself a party to the cause, and all of them at once attacked with the armed hand the one defeated, and execution to the required amount was levied upon him. The judge received the larger share of this amount, and some was paid to the witnesses of the one who won the suit, while the poor litigant received the least. In criminal causes, there were wide distinctions made because of the rank of the murderer and the slain; and if the latter were a chief all his kinsmen went to hunt for the murderer and his relatives and both sides engaged in war, until mediators undertook to declare the quantity of gold due for that murder, in accordance with the appraisals which the old men said ought to be paid according to their custom. One-half of that amount belonged to the chief, and the other half was divided among the wife, children, and relatives of the deceased. "In a matter of theft, if the crime were proved, but not the criminal, and more than one person was suspected, a canonical clearance from guilt had to be made in the following form: First, they obliged each person to put in a heap a bundle of cloth, leaves, or anything else that they wished, in which they might discover the article stolen. If the article stolen was found in the heap, at the end of this effort, then the suit ceased; if not, one of the three methods was tried: First, they were placed in the part of the river where it is deepest, each one with his wooden spear in his hand. Then at the same time they were all to be plunged under the water, for all are equal in this and he who came out first was regarded as the criminal. Consequently, many let themselves drown

Page  22 22 LOCAL GOVERNMENT IN THE PHILIPPINES clearance from guilt would have to be made. ~Speedy trial and justice were the striking characteristics of their judiciary, for "judges in suits follow tlhe simple laws of nature and had no embarrassment of laws and doubts and contrary interpretations. They had no delays by reports or prolixity of writ, for they did not waste a single slip of paper. The accusation, the plea, and the evidence were quickly heard of all in the manner of the time of Noah." 47 Local Taxation.-On a large scale, local taxation was in vogue among the primitive Filipinos and the means employed to secure revenues for the maintenance of their organizations was not very much different fronm the means used by primitive peoples elsewhere. The chief exacted tributes from his subjects and required of them the tribute of labor. Every subject was required to pay a certain amount of gold; and in the absence of gold, he had to pay in kind. Besides, the subject had to share with the chief a part of his yearly harvest (this levy was called buiz). After he had paid all of these quota, he had yet to work for th0 chief for a period of not less than three months a year, and help him in planting, harvesting, house-building, and in other tasks which might be needed from time to time. Of course, their system of taxation was subject to no law or rules other than the will or whim of the lord or chief. The power was often arbitrarily exercised over willing and faithful subjects. Conclusion.-It is evident that the early natives had for fear of punishment. The second was to place a stone in a vessel of boiling water, and to order them to take it out. He who refused to put his hand into the water paid the penalty for the theft. Thirdly, each one was given a wax candle of the same wick and of equal size and weight. The candles were lighted at the same time and he whose candle first went out was the culprit."-Ibid. 4t Blair and Robertson: The Philippine Ialandi, I, p. 144.

Page  23 LOCAL GOVERNMENT IN PRE-SPANISH PERIOD 23 an established government of their own long before the coming of the Spaniards, a government which possessed some of the underlying characteristics of modern governments. Their nature and the circumstances under which they lived demanded that they should have had their own peculiar economic, military, and political organizations. The pre-Spanish government of the Filipinos was not without conspicuous defects. Professor Bourne, in speaking of this pre-Spanish institution, says that "the political and social organization was deficient in cohesion. No well established native states, but rather congeries of small groups something like clans."-"The weakest side," says Dr. Barrows, "of the culture of early Filipinos was their political and social organization. Their state did not embrace the whole tribe or nation; it included simply the community. Outside of the settlers in one immediate vicinity, all others were enemies or at most foreigners".'4 48 Barrows, David P.: History of the Philippines (Indianapolis, 1907), p. 102.

Page  24 CHAPTER III SPANISH PERIOD: LOCAL GOVERNMENT PRIOR TO THE MAURA LAW The "Encomiendas" and the Clergy.-The description of the native government before the coming of the Spaniards shows that the social and political organizations of the Filipinos were loose and deficient, there being "no well established native states, but rather congeries of small groups something like clans."49 On account of this lack of cohesion in the social and political' organizations, it was relatively easy for the Spaniards to subdue the natives; and, by force of arms coupled with tact and diplomacy, to impose their authority upon these separate and at times hostile groups or barangays. Wisely enough, the Spaniards endeavored to preserve in the beginning tho essentials of native organizations and to adapt themselves to the new environment. And it was one of the deciding factors of Legazpi's rise to fame as a statesman that he was willing to recognize and respect native institutions.50 Building upon the native institution of the barangay, the Spaniards succeeded in getting the natives in villages. These villages \ first became "reducciones" and later "pueblos", whose creation, superior to and more progressive than the primitive barangay, facilitated the civilization of the natives. Gradually, and hand in hand with systematic religious training, the 49 Bourne, Edward Gaylord: "Historical Introduction" to Blair and Robertson: The Philippine Islands, I, pp. 38-39. 60 Report of the Philippine Commission, (1900-1903), p. 40. 24

Page  25 SPANISH PERIOD BEFORE MAURA LAW 25 natives were lightly made to feel the necessity of practical allegiance to the new sovereign; and every "Indian" family was assessed a tribute of eight "reales". The natives for this purpose, among others, were settled in encomiendas with Spanish officers as encomenderos. An encomienda was practically a grant of Indians, irrespective of the land. At first the grant expired with the grantee. It was subsequently extended through two or three lives and, in effect, became perpetual. As a result, the "Indians" were slaves.'t 't Tavera, T. H. Pardo de, The Philippine Census of 1903, I, p. 312 (n.) "Closely united in ideas and interests, co-participants in public power in the colony, so much so that frequently bishops and archbishops were viceroys or governors of provinces, the conquerors and the clergy helped to establish what, to the shame of Spain and of mankind, is known in history under the name of Spanish colonial system, a system unique in the world, which consists simply in the division among the Spaniards of the lands, mines, and even persons of the Indians who were forced to work as beasts in the terrible 'encomiendas' of the conquerors, to the exclusive benefit of the Crown and the Church." Mena, Mendez, The 1Work of the Clergy and the Religious Persecution in Mexico (Mexico, 1916), p. 5. Blair and Robertson: The Philippine Islands, I, pp. 38-39. "While the Spanish conquistadores of the vast empire in America held the sword in the right hand and the cross in the left, their chief interest was economic. Millions of unhappy Indians perished around the shores of the Caribbean to satisfy the Spanish adventurers' last for wealth, as the good Father las Casas testifies. The Spanish Viceroy Toledo, in Peru, estimated that in the seventeenth century there were eight million Incas living; in two hundred years these had been reduced to eight hundred thousand. Fate was kinder to the inhabitants of the Philippines. /Here were little gold and no silver, no precious stones, except pearls, no mines to be worked. To be sure, the Spanish arms and military organization in the early days in the Philippines destroyed much of the existing culture; forced labor was pitilessly imposed in the shipyards and in construction of the monumental churches which still exist; conscript service in the army for purposes of further conquest broke up thousands of hemes; the priests in zealous rage against paganism destroyed all existing records, all writings and works of art, as they did in Mexico, in the belief that all that was not Christian must be antiChristian. One Spanish priest boasted of having destroyed more than

Page  26 26 LOCAL GOVERNMENT IN THE PHILIPPINES This system of encomiendas was the same system that prevailed in Spanish America and Mexico.52 The payment of tribute was naturally irksome to the natives. As stated by the French historian Mallat, it was by the sole influence of religion that they succeeded in conquering and holding the Filipinos.53 The clergy stood for the human treatment of the natives, and the solicitude with which they treated and defended them against the oppression of the Spanish encomenderos gained for them the respect and admiration of the natives.54 three hundred scrolls written in the native characters. Early Spanish writers admit that literacy was fairly widespread when they took the Philippines.-more than could be said of the Spain of that day; certainly the literacy of the 'Indios' was greater than that of the contemporary Incas of Peru or the Aztecs. Few pre-Spanish records survive today. However much we may lament this destruction of a culture, we must admit that in its place the Spanish gave, to a limited number of Filipinos at least, access to the splendid tongue of old Castile, and through that to all the glories and traditions of European civilization."-Harrison, Francis Burton: The Corner-Stone of Philippine Independence, (New York, 1922), pp. 20-21. Vide also Malcolm, George A. and Kalaw, Maximo M., Philippine Government (Manila, 1923) ch. iii, p. 24. 62 Mena, Mendez, The Work of the Clergy and the Religious Persecution in Mexico (1916) p. 5. 53 Mallat, Jean, Les Philippines: geographie, moers, agricultt.re, industrie, et comnmerce des colonies espagnoles dans I'Oceanie (Paris, 1846). 54 "Of clause 145, that which has to do with the Indians is not observed any more than the foregoing in regard to reserving the chief villages for your Majesty. Your islands are not like Nueva Espafia, where there is a chief village with many others subject to it. Here all are small villages, and each one is its own head. The governors, interpreting this law more literally than is good for the service of your Majesty, have added to your Royal Crown some very small maritime villages; and the advantage has been given to whomsoever they have wished-whether justly or not, it is not for me to decide. I can assure your Majesty that it is very little in way of tributes that finds its way into the royal chest, although there is much need that your Majesty should have money here to provide many necessities, which others cannot supply if your Majesty caa

Page  27 SPANISH PERIOD BEFORE MAURA LAW 27 The System Implanted.-The system carried out by Spain appeared to be the same in all her colonies, for the native local organization had their counterparts in Latin America. They made the pueblo or town the local unit of organization throughout the Spanish colonies, and the province as the next larger subdivision. For the purpose of the establishment of new pueblos in this Archipelago at the beginning of its occupation by the Spaniards, an endeavor was always made to find, in favorable places, a nucleus of inhabitants and, later, near the pueblos already established, barrios which ordinarily served as a basis for the formation of other new pueblos that became as populous as the centers on which they were dependent.55 Spain made no effort to transplant to her colonies liberal reforms affecting local governments, until the advent of her declining years. The Spaniards organized the local government of the not. I also say that, according to accounts current here, no Indians are harder worked or less free than those anDortioned to the royal crown. There are many other reasons which might be given to make this clear, which are very patent to us here. One is that, as the officials do not go out to collect the tributes, the governor sends one of his servants whom he wishes to favor, to collect them. He collects for your Majesty what they owe, and for himself whatever he desires; and this is most certain, as well as the method of collecting. Your Majesty's Indians undergo greater oppression than do the others. Those encomenderos visit their Indians, and once in a while they cannot help taking pity on them; but for those of your Majesty, there is no one to grieve and no one to care. I even hear it said that many soldiers, when without food, take it from the Indians, under the pretense that they serve your Maiesty, and are given nothing saying that, as it belongs to your Majesty, they may do so." Blair and Robertson: The Philippine Islands, V, pp. 233, 234. Affairs in the Philippine Islands, by Fray Domingo de Salazar, referred to in Bourne's "Historical Introduction" to Blair and Robertson's The Philippine Islands (145th, pp. 233-234). 53 The Municipality of Catbalogan v. Director of Lands, (1910) 17 Phil. 216; Laurel, Jos6 P.: Cases on Municipal Corporations (Manila, 1924) p. 213.

Page  28 28 LOCAL GOVERNMENT IN THE PHILIPPINES Islands after they had made terms with the native chiefs. They substituted barrios for barangays, with a cabeza de barangay at the head of each, and pueblos for the various unions of tribes. Provinces had been common political units in Spain, Italy, and Spanish America. Perhaps what corresponded to the provinces were the vast unions of tribes having the same language, religion, and interests. They were organized for the convenience of the administration and constituted the intermediate agencies through which the Central Government could extend its authority to the numerous villages, for the Central Government could not directly communicate with the smallest branches of government without great difficulties. In the few Spanish towns in the Islands, the local government was similar to that which prevailed in Spanish America, which in turn was derived from Spain. That of Manila may be taken as an example. The corporation, El Cabildo (chapter) consisted of two ordinary alcaldes, eight regidores, a registrar, and a constable. The alcaldes were the justices, and they were elected annually from the householders of the corporation. The regidores were the aldermen and, with the registrar and constable, held office permanently as a proprietary right. These permanent positions in the Cabildo could be bought, sold, or inherited.50 Provinces and Pueblos.-For the purpose of local administration, the Islands were divided into provinces and pueblos. The provinces were under alcaldes mayores who exercised both executive and judicial functions. They were at the same time the superintendents of the collection of taxes. These alcaldes were allowed to engage in trade, a 66 Zuiiga, Joaquin Martinez de, Estadismo de las Islas Fi!irinas; Mallat, Jean, Les Philippines: geographic, moers, agriculture, industrie, et commerce des colonies espagnoles dane l'Oceanie I, (Paris, 1846), p. 358.

Page  29 SPANISH PERIOD BEFORE MAURA LAW 29 privilege which made the office very lucrative and much coveted by Spaniards. In the opinion of Mallat, nothing was more productive of evil results than the authority given these officers to engage in trade.5' There was a provincial court consisting of an alcalde mayor, an assessor, and a notary. The corruption of the Spanish government was not only transplanted to the Philippines, but it found here a fertile field on which to grow in almost incredible proportions. Hence the sending here of unfit officials who were social and political outcasts.58 The provinces were subdivided into pueblos and each pveblo was under the authority of a gobernadorcillo, elected 57 They received the tribute in kind in fixed amounts and made money out of the fluctuations of the market prices. In times of scarcity and consequent high prices, this procedure doubled or trebled the burden of the tribute. See State of the Philippine Islands, by Tomas de Comyn, translated by William Walton. Mallat, Jean, says: "Rien n7'est plus funeste en pays que la permission qui est accordee aux alcaldes de faire le commerce pour leur compte." See also Retana's note in Zuniga's Estadismo de las Islas Filipinas, II, p. 530.:s It is in fact common enough to see a hair-dresser or a lacekey converted into a governor; a sailor or a deserter, transformed into a district magistrate, collector, or military commander of a populous province, without other counsellor than his own crude understanding, or any other guide than his passions. Such a metamorphosis would excite laughter in a comedy or farce; but, realized in the theatre of human life, it must give rise to sensations of a very different nature. Who is there that does not feel horror-struck and tremble for the innocent, when he sees a being of this kind transferred from the yard-arm to the seat of justice, deciding, in the first instance, on the honor, lives, and property of a hundred thousand persons, and haughtily exacting the homage and incense of the spiritual ministers of the towns under his jurisdiction, as well as of the parish curates, respectable for their acquirements and benevolence, and who, in their own native places, would possibly have rejected as a servant the very man whom in the Philippines they are compelled to court and obey as a sovereign."-Comyn, Tomas de, State of the Philippine Islands (London, 1821), pp. 426-427.

Page  30 30 LOCAL GOVERNMENT IN THE PHILIPPINES annually and later on every two years. The name gobernadorcillo was subsequently changed to alcalde, which later was changed again to its former name until the promulgation of the Maura Law by a Royal decree in 1893, when the name was changed to capitan municipal.59 According to Professor Bourne, in Morga's time the right of suffrage was enjoyed by all married men, but later on it was restricted to twelve electors.80 First Towns Organized.-The first town organized by Legazpi, pursuant to the powers vested in him by law 10, title 3, book 4 of the Laws of the Indies, was the ayuntainiento of Cebu. He named as regidor (governor) of Cebu Guido Lavezares, and organized a municipal council with two alcaldes, six concejales and two alguaciles (sheriffs). 69 Artigas, Manuel, Municip'io Filipino, (2nd ed. Manila, 1894), 0o Jagor describes an election which he saw in the town of Lauane, of four thousand five hundred inhabitants, on the little Island of the same name which lies just off the north shore of Samar. "It took place in the common hall; the governor (or his deputy) sitting at the table, with the pastor on his right hand, and the clerk on his left,-the latter also acting as interpreter; while Cabezas de Barangay, the gobernadorcillo, and those who had previously filled the office, took their places all together on benches. First of all, six cabezas and as many gobernadorcillos are chosen by lot as electors; the actual gobenradorcillo is the thirteenth, and the rest quit the hall. "After the reading of the statutes by the president, who exhorts the electors to the conscientious performance of their duty, the latter advance singly to the table, and write three names on a piece of paper. Unless a valid protest be made either by the pastor or by the electors, the one who has the most votes is forthwith named gobernadorcillo for the coming year, subject to the approval of the superior jurisdiction at Manila; which, however, always consents, for the influence of the cura would provide against a disagreeable election. The election of the other functionaries takes place in the same manner, after the new gobernadorcillo has been first summoned into the hall, in order that, if he have any important objections to the officers then about to be elected, he may be able to make them. The whole affair was conducted very quietly and with dignity."-Jagor, Fedor, Travels in the Philippines (London, 1875), pp. 235-237.

Page  31 SPANISH PERIOD BEFORE MAURA LAW 31 It was later dissolved in 1571 because Legazpi had to come to Manila to quell the disturbances initiated by Rajah Soliman. After defeating Soliman and having him take the oath of allegiance to the Crown of Spain, Legazpi founded the City of Manila on June 24, 1571, and gave it the title of "The Celebrated and Forever Loyal City of Manila." The Charter was confirmed by a Royal Cedula in 1595, and the prerogatives possessed by other cities of the Spanish kingdom were conferred upon it in 1638. After Cebu, therefore, the first ayuntaniento (also denominated regimiento or cabildo) was that of Manila, with two alcaldes, twelve regidores, one alguacil, and a clerk. On June 28, 1571, four days after the organization of the ayuntamiento, Legazpi called and presided over the first meeting and handed over to his officials his ordinances (ordenanzas); and, as a special favor, the King, by the Royal Cedula of May 20, 1596, gave the city the right to use a coat of arms.61 After the organization of the City of Manila, Legazpi saw the necessity of inaugurating like organizations in other localities; and, by the Royal Decree of June 14, 1583, authorized the appointment of an alcalde from among the natives in each town. The alcaldes were not, of course, in a position to attend to all the affairs of the town, so that the native institution of barangay was retained to help the alcaldes in the administration of local affairs. These barangays were under the headship of persons called cailianes or sacopes. The office of the alcalde was hereditary until the seventeenth century.62 The ordinances of Legazpi governing the creation of ayuntamientos were based on those then in force in Mexico. Hence, the striking similarity between the organization of 61 Vide Chartered Cities, Ch. X, infra. 32 Artigas, Manuel, Municipio Filipino (2nd ed. Manila, 1894), pp. 1-10.

Page  32 32 LOCAL GOVERNMENT IN THE PHILIPPINES local governments here and in Mexico at the time. The pueblos werC in turn divided into barangays, at the head of which was a cabeza de barangay. The institution was thus allowed to survive only to lapse at a later date. The main function of the cabeza de barangay was the collection of taxes. Election of Officials.-In accordance with title 10, book 4 of the Laws of the Indies, the alcaldes were elected on the first day of every year. Regidores were selected from the list of residents prepared by the treasurer (sindico)' who, in accordance with the Royal Cedula of June 8, 1631, were not delinquent in the payment of taxes to the Government. The important officials and the principales of the town were: the gobernadorcillo; the chief of police; the lieutenants of police, field, and large cattle; the former gobernadorcillos; the cabezas de barangay in office and those who had been such for a period of ten years without any bad record. Pursuant to Art. 79 of the Ordenanzas de Buen Gobierno, the election had to take place in the tribunales of the pueblos, (municipal buildings) presided over by the chief of the province and the parish priest. The provincial governor could, however, depute somebody to preside over the election, in accordance with the Royal Decree of May 21, 1840, the Circular of August 17, 1844, and the re. glamento of October 5, 1817. Twelve electors were drawn, six from among the cabezas holding office and six from among the former gobernadorcillos and cabezas de barangay with ten years' service. These twelve electors, together with the gobernadorcillo in office, constituted the electoral college. In order to be elected, a person must not be less than 25 years old; must know how to speak, read, and write Spanish; must

Page  33 SPANISH PERIOD BEFORE MAURA LAW 33 have been teniente mayor or cabeza de barangay; and must not be indebted or under any obligation to the Government.0' The person receiving the highest number of votes was placed as first on the list, the next highest as second, and the gobernadorcillo in office always occupying the third place. The minutes were written and forwarded to the Central Government for approval. Then followed the election of other officials by the gobernadorcillos and principales who made out a list with the advice of the parish priest, and this list was forwarded also to the Central Government for selection or approval." The Chief and the Principalia; their Duties.-The chief of the locality was the gobernadorcillo who had a variety of functions to perform. He was to act as the agent of the civil government under the provincial governor, as tax-supervisor under the Administrador de Hacienda, and as local judge under the Judge of First Instance. The principalia had numerous duties imposed upon it by the Ordenanzas de Buen Gobierno. Under Sections 54 and 92 thereof, they were placed in charge of the construction of casas reales, churches, jails, and other public works, like repairs of roads and bridges; the extermination of locusts (Art. 58); the persecution of gamblers (Art. 29); and other police duties like patrolling and placing of guards (Art. 27). It was also the duty of the principalia to supervise the collection of taxes, the making of the census of the poblacion, and the preparation of lists of polos and tanorias.5 e3 Artigas, Manuel, Municipio Filipino (2nd ed. Manila, 1894), p. 12. 64 Ibid. 65 Lists of persons making payment in lieu of personal services. Forced labor was one of the principal causes of the frequent uprisings of the Filipinos, and the pages of our history are replete with

Page  34 34 LOCAL GOVERNMENT IN THE PHILIPPINES By the Royal Decree of November 12, 1889, the ayuntamientos in the capitals of the provinces of Albay, Batangas, Camarines Sur, Ilocos Sur, Cebu, Jaro, and Iloilo, were established. Local Finance.-When Legazpi founded the Ayuntamiento of Manila on June 24, 1571, he ordered the real property to be divided among the residents. Taxes were collected under the Laws of the Indies, supplemented by Royal decrees from time to time. There was an attempt to divide the collection of taxes into central, provincial, and municipal imposts; but this plan was only nominal, for the imposition of taxes followed no definite system and its administration was subject to no close supervision. Later this classification was finally abandoned.6 Taxes were often levied and pocketed by the officials. The chief sources of revenues were fisheries, urban property, rent on communal property, transfer of large cattle, billiard-halls, theaters, horse-races, public markets, slaughterhouses, ferries, poundage, cockfighting, weights and measures, and payment in lieu of personal services called polos and tanorias.8' accounts of heroic efforts of our forefathers to free themselves from this abominable servitude. This characteristic of Spanish legislation survived throughout and found expression even in the Maura Law which was enacted during the last decade of the nineteenth century. 68 Artigas, Manuel: Municipio Filipino (2nd. ed. Manila, 1894). 67 For further discussion of local finances prior to the promulgation of the Maura Law, see Artigas, Manuel, Municipio Filipino (2nd ed. Manila, 1894).

Page  35 CHAPTER IV SPANISH PERIOD: THE MAURA LAW68 The Purpose of the Maura Law.-The system of local government in the Philippines at this time was primitive and it owed its existence to the Laws of the Indies, supplemented by Royal decrees and cedulas.09 The powers were lodged in a few local officials and exercised without restraints or limitations. Corruption was prevalent and the natives were the ready victims of abuse or of over-indulgence of powers. The revolts in Spanish America and representations occasionally made by Filipinos and Spaniards, who sympathized with the inhabitants of the Islands in their pitiable condition, led three Ministers of the Colonies to inaugurate a more liberal system of local government, which culminated in the promulgation of the Maura Law 68 For a comprehensive manual on the Maura Law, see Roxas, Felix M., Comentarios al Reglamento Provisiotl.de las Juntas Provinciales (1894); Paterno, Pedro A., Regimen Municipal en las Islas Filipinas, (1893); Lifan y Eguizabal, Miguel de, Nuevo Regimen Municipal, (1893.) "Municipal reorganization was more or less united with educational reform, as will have been seen by the references to the governmental measures of 1893. In the interim, there had been various minor reforms, especially in 1886, in the direction of making civil administration of provincial and municipal affairs more complete; all the more important political divisions of Luzon, except Cavite, to the number of nineteen, had been made civil provinces, though all the political divisions of the central islands remained 'politico-military', the supreme provincial officials in each case being a Spanish army officer."-LeRoy, James A., The Americans in the Philippines (1914), p. 42. 9 Vide ch. ii, supra.

Page  36 36 LOCAL GOVERNMENT IN THE PHILIPPINES in 1893 by the Royal Decree of May 19, 1893. In 1889, Minister Becerra had declared the municipal measure, of which he was the author, to be a step of preparation for the Philippine towns in time to "exercise complete intervention in local affairs." It was, however, only a decree conferring upon a few of the larger towns (viz., Cebu, Iloilo, Vigan, Albay, Batangas, and Nueva Caceres) the right to organize an ayuntamiento like those of the municipalities of Spain, though the Filipinos were not given the right to elect the members of this municipal organization. The other towns of the Islands remained under the time-honored organization, herein above referred to.70 "Local institutions in the Philippines," says Maura in his Preamble (Exposicion) to the Law, "have reached such a point of decadence and confusion that the local officials who have not been corrupted have become atrophied or useless," so that urgent remedy was imperative. The Law was intended to implant a more enlightened form of local government, through the establishment of "tribunales municipales" and provincial "juntas" and the concession of powers deemed properly to belong to particular localities, subject to the supervision of the parish priest, provincial juntas, and the Central Government. Why Examine the Maur Law?-Because this Law was an attempt to liberalize municipal institutions in the Philippines in Spain's declining years here and because undoubtedly the measure was the object of careful study on the part of those men responsible for the system of government, an examination of this Law should prove instructive. The Framework of the Maura Law.-The Maura Law of May 19, 1893, took its name from its author, Antonio Maura y Montafier, who was then the Minister of Colonies To LeRoy, James A., The Americans in the Philippines (1914), p. 42.

Page  37 SPANISH PERIOD-THE MAURA LAW 37 of Spain. Its purpose was to confer upon the towns and provinces of Luzon and the Visayan Islands a greater measure of autonomy, with the exception of the city of Manila whose government was not altered. Under the Maura Law, the islands of Luzon and the Visayas were divided and subdivided territorially for administrative purposes. The general government of the Archipelago was in the hands of the Governor-General, assisted by the Council of Administration, the Board of Authorities, and the General Directorate of Civil Administration. Each province, the largest administrative territorial division under the Law, was under the provincial governor assisted by the provincial council (junta provincial). Each province was divided into towns (pueblos), whose affairs were managed by the municipal tribunal with the aid of the principales. The pueblos were in turn divided and subdivided into barrios (wards) and barangays under tenientes del barrio and cabezas de barangay, respectively. The municipal council was charged with the administration of its affairs and interests. Such was the only measure of home rule the Filipinos enjoyed; and, according to the Schurman Commission which was sent by the United States Government to the Islands in 1899, the study of the system and its operation gave an "accurate idea of their [Filipinos'] experience in the administration of public affairs and, inferentially, of their capacity at the present time [1899-1900] for self-government".71 The Municipal Council,-The Law renamed the local offices, councils of the towns (tribunales de los pueblos), as municipal councils (tribunales municipales). Each town, contributing one thousand cedulas each year to the State, was to have a municipal council. Each municipal council was to be composed of five mem"l Report of the Philippine Commission (1899-1900).

Page  38 38 LOCAL GOVERNMENT IN THE PHILIPPINES bers, one of whom was the captain. The others were the chief lieutenant, the lieutenant of police, the lieutenant of fields, and the lieutenant of livestock. The chief lieutenant was to substitute the captain in case of absence, vacancy, or disability. The substitution of the captain was in the order in which the lieutenants were named. The Municipal Council and its Functions.-The municipal council was charged with the active work of administering the affairs of the pueblo. In some respects, it was "like the common council known in the United States, but the analogy does not go far".72 Its functions were grouped under two classes; namely, (1) administration of public works, and (2) finance. The administrative functions included the organization of the town and its internal government; the supervision of education and public health; the encouragement of agriculture, industry, and commerce; and the care of municipal buildings and municipal services. Under the second class were included the collection of rents and revenues derived from public property; the determination, collection, and investment of all taxes and imposts necessary to defray the expenses of the government; the conduct of public works; and the keeping of their accounts. Special Duties of the Lieutenants.-The lieutenants, in general, were charged with the supervision of their respective wards and their duties were specifically provided for by a special act. The teniente mayor was the next in rank to the capitan, and he was to act in the place of the captain in case of the latter's absence or incapacity because of illness. He also discharged the duties formerly assigned to the sindico, and signed with the captain all bills accounts, etc. The lieutenant of police had charge of the cleaning 72 Report of the Philippine Commission (1899-1900).

Page  39 SPANISH PERIOI —THE MAURA LAW 39 of streets, inspecting of bridges, houses, yards, and "policing the towns"; while upon the lieutenant of field and livestock fell the task of encouraging agriculture and improving the rural communities. Election of the Municipal Council.-The five officers composing the munipal council were to be elected by a plurality vote through secret balloting in the following manner: On the day publicly designated by the provincial governor, the principalia of each town, in the presence of the parish priest and the outgoing captain, designated as electors twelve residents; six of whom were chosen from the cabezas de barangay who had held office without unfavorable record for ten consecutive years and those who were in office at the time of the election; three from the former captains; and three others from among the principal tax-payers of the town not belonging to the above-mentioned classes. If the six cabezas de barangay could not be designated in any town, their places were to be filled by former captains; and, in the absense of these, by the prins cipal tax-payers. The following could not be designated as electors: (1) those who had been prosecuted and sentenced to imprisonment; (2) those who had been disciplined by the Government for bad conduct; (3) those who had suffered corporal punishment or disqualification; (4) those who were subject to civil interdiction or vigilance of the authorities by a sentence of courts of justice; (5) those who were debtors to municipal, provincial, or any other public treasury; (6) those who had contracts with the municipal council, the province, or the State, to be performed within the limits of the municipality; and (7) those who had suits against the municipal council to which they belonged. The twelve residents delegated by the principalia elect

Page  40 40 LOCAL GOVERNMENT IN THE PHILIPPINES ed by a plurality vote the captain, the chief lieutenant, the lieutenant of police, the lieutenant of fields, and the lieutenant of livestock. They also elected two substitutes. A duplicate record of the elections was subscribed to by the twelve electors and revised by the parish priest and the outgoing captain. After the election and on the same day on which it was held, a list of the elected officers was prepared. The list was to include the names of the twelve delegates and those forming the new municipal council. At the same time, notice was given so that the protest, if any, against the election of any officer could be filed within three days. After three days, the result of the election, including protests, if there might be any, were sent to the provincial governor who determined the validity of the election in the presence of the provincial board. The result was then transmitted to the Governor-General. The powers and attributes of the twelve delegates were as follows: (1) to choose by a majority vote the five members of the municipal tribunal; (2) to prepare the ternas 73 jointly with the tribunal; (3) to assist in the holding of public auctions decided upon to be held by the tribunal; 1 (4) to levy, jointly with the municipal tribunal, municipal taxes or imposts; (5) to make out, jointly with the mupicipal tribunal and the parochial priest, a statement of the permanent sources of municipal revenues; (6) to assist the municipal tribunal in fixing the rate of taxation on real property; (7) to assist the municipal tribunal in deciding what public works, costing less than P400, should be undertaken. In case the cost of the work was to exceed P400, the approval of the Governor-General was necessary; Ts Teras were lists of three persons nominated to the governor of the province for the office of the cabeza de barangay. T4 The oldest two of the twelve delegates were appointed for this work.

Page  41 SPANISH PERIOD-THE MAURA LAW 41 (8) to decide, with the municipal council and the parochial priest, upon modifications to be made in the account of expenses and sources of revenue and to approve expenditures occasioned 'by extraordinary necessity; and (9) to revise, jointly with the municipal tribunal, the accounts filed by the captain on the fifteenth of February of each year. Salaries of Officers.-The offices of captain, municipal lieutenants, substitutes, and delegates were honorary and gratuitous and were obligatory. Qualifications of Officers.-To be elected captain, the following qualifications were required: (1) he must be a native or a Chinese mestizo; (2) he must be more than 25 years of age; (3) he must have been a resident of the town for four years prior to the election; (4) he must be able to speak and write Spanish; and (5) he must be a cabeza de barangay with four years' service, with all his accounts settled, and in possession of good public and private reputation, or he must have been for two years a gobernadorcillo, or captain, or chief lieutenant, or for six consecutive years a cabeza de barangay without unfavorable record. The same qualifications were required for the election of municipal lieutenant or substitute. The following persons were disqualified from holding the position of captain, lieutenant, or substitute: (1) delegates of the principalia during a period of one year after their incumbency; (2) clergymen; (3) those persons who were receiving salary from local or provincial fund; (4) tenants and bondsmen of public lands; (5) subordinate employees of the State in any of its branches; (6) bankrupts and those persons under criminal prosecution; and (7) debtors to the public coffers. Tenure of Office.-Every two years two municipal

Page  42 42 LOCAL GOVERNMENT IN THE PHILIPPINES lieutenants, one of the substitutes, and four of the twelve delegates were to vacate their offices. The designation of those officers to be relieved from duty was done by lot. After the completion of the designation of the officers who were to be relieved from duty, the election of those who were to take their places was held; and the captain and the parish priest sent their report of the election to the provincial governor who in turn forwarded it to the Governor-General. Exemptions.-The following persons were excused from holding the offices of captain, lieutenant or substitutes: (1) those more than sixty years of age; (2) those physically disabled; and (3) those who had held the office for a period of twelve years. Duties and Powers of the Captain.-The principal duties of the municipal captain were: (1) to preside over the municipal council; (2) to publish and execute the orders of the municipal council; (3) to suspend the execution of these orders when believed to be detrimental to the interests of the town and dangerous to public order; (4) to issue police regulations; (5) to inspect the offices, schools, and municipal services; (6) to appoint, suspend, or remove the municipal officials; (7) to supervise the administration of the affairs of the town; (8) to authorize the disbursement of municipal funds; (9) to preside over auction sales; and (10) to impose disciplinary penalties by warning and fine not exceeding four pesos. Barangays.-The towns were divided into barangays. At the head of each barangay was a cabeza de barangay who also exercised the functions of a barrio lieutenant The appointment of the cabeza de barangay was made by the provincial governor from the list submitted by the municipal council and the twelve delegates of the pr7ncipalia.

Page  43 SPANISH PERIOD-THE MAURA LAW 43 Qualifications of the Cabeza de Barangay.-In order to be appointed cabeza de barangay, a man: (1) must be a native or a Chinese mestizo; (2) must be more than 25 years of age; (3) must have resided two years in the town where he was to exercise his functions; and (4) must be a man of good reputation. The following persons were excused from holding the office of cabeza de barangay: (1) those who were more than sixty years of age; (2) those who were physically disabled; and (3) those who had held the office for twelve years. Terms of Office.-The term of office of the cabeza de barangay was three years, but he could be reelected for an indefinite number of times. As compensation, the cabeza de barangay received 50 per cent. of the taxes collected; and he had authority to require the services of one or two persons to help him in this work. Questions relative to the total or partial constitution of the municipal councils, the principalia, and the appointment of delegates were submitted to the provincial governor who decided them upon the advice of the provincial board. The Provincial Board.-For the purposes of inspection and supervision over municipal governments, there was created in each capital of the province a provincial board composed of the prosecuting attorney, the administrator of finance, the vicars of the province, the parish priest of the capital, the provincial doctor, and four prominent residents of the capital elected by the municipal captains of the province. The governor of the province was ex officio chairman of the board. Those persons who were more than sixty years of age and who were suffering fram some physical disability were excused from membership on the provincial board.

Page  44 44 LOCAL GOVERNMENT IN THE PHILIPPINES The following persons were disqualified from membership on the provincial board: 5 (1) those receiving salaries from the general funds; (2) contractors of public works or any other services in any town of the province; (3) debtors to the public treasury; (4) those sentenced to suffer corporal punishment; and (5) those under pending criminal prosecution. Questions relative to the constitution and powers of the provincial board, the total or partial renewal of its members and its relations with the provincial governor and the municipal councils, were passed upon and determined by the Governor-General. The provincial board had control over the municipal funds, called "the income of the towns" (haber de los pueblos); and the custodians thereof were the prosecutingattorney, the administrator of finance, and one of the members elected by the municipal captains and designated by lot by the provincial board. These three members jointly and severally, and subsidiarily the members of the provincial board, were responsible for this fund. Anyone of them could ask for the examination of the books or funds. There was also a secretary of the board who was at the same time the accountant of the province. Municipal Finance Under the Maura Law: (a) Sources of Revenue.-One of the most important characteristics of the Maura Law was the relative autonomy granted pueblos in matters of local taxation. Municipal revenues were derived from sources enumerated in the Law. The municipal council (tribunal) could make use of some or all of them, provided that the consent of the twelve delegates and of the parochial priest was obtained.7" The council, 75 With the exception of the Spanish civil and ecclesiastical authorities who were ex officio members. 76 Report of the Philippine Commission (1899-1900), pp. 49-50.

Page  45 SPANISH PERIOD-THE MAURA LAW 45 however, was given power to create other sources of revenue, with the approval of the provincial council. The amount of tax imposed on rural property was determined by each tribunal, with the advice and consent of the principalia and the parish priest. The property tax was kept separate form other taxes, for it was used exclusively for the construction of public works in the town where it was collected. The revenues of the pueblos were derived from any or all of the following sources: (1) fisheries, (2) certificates of ownership of livestock, (3) deeds, (4) rents from public property, (5) billiard-halls, (6) theaters and horse-races, (7) markets, (8) slaughterhouses, (9) bridge and ferry tolls, (10) the impounding of animals, (11) the lighting and cleaning of streets, (12) a portion of city taxes, (13) penalties, (14) the rural property tax, (15) commutation money in lieu of labor on roads, and (16) such other taxes which might be created. (b) Collection of Taxes.-The levy, collection, and administration of the taxes were entrusted to the pueblos. The funds, however, were kept in the treasury of the province rather than that of the town (pueblo). "Farming" Collection of Taxes.-One of the unique peculiarities of the system was the "farming out" or leasing of tax collection, except the collection of taxes on rural property, if the tribunal deemed it wise to do so. The lease, however, was limited to a period of three years only. The lease was to be made at a public auction presided over by the captain of the tribunal and aided by a lieutenant and the two oldest of the twelve delegates. The auction was subject to the regulations issued by the provincial council. Taxes that were not "farmed" were collected by the cabeza de barangay or other persons whom the tribunal designated. The members of the municipal council were personally accountable for the amount intrust

Page  46 46 LOCAL GOVERNMENT IN THE PHILIPPINES ed to the collectors. These collectors could be held responsible for these taxes on the ground of negligence or bad faith." Collections were to be reported and deposited with the captain of the tribunal every week, for which receipts were issued. Collections were deposited by the captain, or his representative, with the treasury of the provincial council. (c) The Municipal Budget. —One of the first duties required of the municipal tribunal after its first meeting was to prepare the budget for the ensuing year. Only those expenses which were indispensable for the maintenance of the municipal government were to be included. The budget was prepared with the aid of the twelve delegates and the parish priest, and then submitted to the provincial council which then had to forward the measure to the governor of the province. The estimates were kept from year to year and were only altered to suit conditions. The budget prepared by a municipal tribunal continued until a new council could be elected. General Provisions.-The Governor-General was considered the president of all the municipal tribunales. The provincial governor was authorized to impose disciplinary punishment upon any member of the municipal council or tribunal, e. g., censure, fine, or suspension, with the approval of the provincial board. The Governor-General was also authorized to suspend any member of the municipal council or tribunal upon the recommendation of the Council of Administration. With the approval of the Governor-General, towns were permitted to form associations for the conduct of public works or the establishment of religious, educational, 77 Report of the Philippine Commni8ion (1899-1900), p. 50.

Page  47 SPANISH PERIOD-THE MAURA LAW 47 or charitable institutions and the proper administration of communal property. General Observations on the Maura Law.78-In spite of the liberal provisions of the Maura Law, we note in it four outstanding peculiarities that seem to have defeated its benign purpose; namely1. Centralization of powers. 2. Intervention of the Church in the affairs of the State. 3. Limited franchise and inadequate election method. 4. Defective financial system. Centralization of Powers.-The most striking characteristic is undoubtedly the subordination and even subserviency of the municipal tribunal to other authorities. The members of the tribunal were subject to admonition, fine, or suspension by the governor of the province, while the Governor-General of the Archipelago was authorized to dismiss the individual members of the tribunal or even the entire corporation itself. Such an insecurity of tenure was incompatible with vigorous initiative in office; such a danger of punishment was fatal to independence. Nor was this dubious peculiarity the only serious restriction. The Maura Law itself closely hedges within a narrow circle the activities of the municipal tribunal and subjects this body to constant and unnecessary inspection and supervision by the provincial council. Indeed, the provincial council was not charged with the direct administration of the affairs of the province, but solely with the inspection and supervision of the bodies which administered the af7s General Blanco, in his subsequent orders, appears to have altered certain provisions of the Maura Law; but, on the whole, he tried to carry out the spirit of the Law. Some of his orders were intended to expedite the promulgation of the Law and others to provide for certain regulations necessary for its execution.

Page  48 48 LOCAL GOVERNMENT IN THE PHILIPPINES fairs of the pueblos. The action of the municipal council could be set aside by its own head-the municipal captain,-who was authorized by law to suspend the execution of the resolution adopted by the council when he considered them beyond their jurisdiction, prejudicial to municipal interests, or dangerous to public order. In other words, the captain, though a member and the presiding officer of the tribunal, might ignore its decisions, being in truth a political representative of the general government and, as it were, an arbitrary governor of the town."7 The Intervention of the Church in State Affairs.-The interference of the Church in state affairs was traditional in the colonial policy of Spain. The Cross stood side by side with the Flag, for one of the strongest motives of Spanish colonization was the spread of the Christian faith. It is not, therefore, surprising that the parish priests were given authority by the Maura Law to intervene in matters pertaining to local government. The Law made the parish priest well-nigh ubiquitous in every important action of the local government. Even in the election of municipal officials, the parish priest was looked up to as an omnipercipient being. Ecclesiastical authorities were members of the provincial board. That provincial ecclesiastics exercised a pervading influence and control over the provincial government is not a matter of historical conjecture. The provision of the Maura Law, requiring the consent of the parish priest to every important action of the municipal council, was a death-blow to local autonomy. The formal union of Church and State in former times has taught us the lesson that such a state of affairs is unfortunate. In a democracy, the freedom of religion is an essential element to the well-being of society, and the preponderance of power of one religion over others results in tO Report of the Philippine Commission, (1899-1900), p. 62.

Page  49 SPANISH PERIOD —THE MAURA LAW 49 the loss of religious liberty. Although the Inquisition was not extended to the Philippines and its horrible effects were not felt in this country, nevertheless, the history of the Philippines is full of accounts of cruelty and religious persecution. Limited Franchise and Inadequate Election Method.The most striking peculiarity in the election of the municipal council was the limitation of the right of suffrage to the principalia. Far from instituting universal suffrage, the franchise did not even rest on educational or property qualification, for it was conceded only to the privileged class that made up the so-called principalia. The principalia had no fixed number and it was composed of the gobernadorcillos, the lieutenants, the cabezas de barangay who were in office or who had held the position for ten consecutive years without unfavorable record, and the residents who were paying fifty pesos land tax. We see that the right of suffrage was granted only to a very limited few. To limit the exercise of suffrage to the government functionaries and the wealthy class only is inimical to, and destructive of, the principles of popular government. The exercise of the right to vote has a great educational value. The people of the Philippine Islands never learned the art of self-government until the Americans came, because of the practice of the Spanish government of allowing only the wealthy and influential class to participate in the election of government officials. And therein lies the causa cacsans of Filipino perennial dissatisfaction under the Spanish rule. On the other hand, taxation without representation is tyranny; and people who are taxed for the support of the government and are not allowed to elect their representatives and officials in the government cannot be expected to be friendly to that government! The Maura Law provides that the five officers of the

Page  50 50 LOCAL GOVERNMENT IN THE PHILIPPINES town and the two substitutes should be elected by twelve delegates chosen by the principalia. This indirect method of election of town officers resulted in the creation of a local aristocracy and made the officers less subservient to the popular will. It gave rise also to the subordination of the right of the other voters and to the temptation to commit frauds. Because those persons who were directly responsible for the election were few in number, they could easily be manipulated. To allow the principalia to choose twelve delegates who were to elect the town officers for them is to subordinate their will to the twelve delegates who could easily be influenced by the parish priest or other persons holding responsible positions in the government. And then, the Maura Law does not provide for the manner of election, the ballots to be used, and other rules for carrying out an orderly and clean election. The Maura Law provides that the provincial governor, with the advice of the provincial board, shall determine the validity of municipal elections. It gave the provincial governor the control over municipal elections. He could easily keep out of office any man who was persona non grata to him; and, naturally enough, he would keep elected officials in abject servility to him. Defective Financial System. —The Maura Law gives the cabezas de barangay authority to collect taxes; and as compensation for their work, they were given fifty per cent. of the amount collected. This method of collecting taxes offers an opportunity to dishonest and corrupt officials to squander the money of the people. The Law does not provide for a municipal treasurer or any other official who had some knowledge of business and accounting principles. The captain was the official who received the money collected by the cabezas de barangay and who turned it over to the provincial board, which

Page  51 SPANISH PERIOD-THE MAURA LAW 61 was made the custodian of the municipal funds. Of course, there were three members of the provincial board who were directly responsible for the safekeeping of the funds; but because of the dearth of expert accounting, it is doubtful whether the collection and disbursement of the funds had any semblance of a business-like administration. The nearest approach to budget-making was the provision that the captain should render an account of the expenses of the town for the preceding year, although there is no provision for the statement of expenses estimated for the incoming year because the Law enumerates the items of expenditures which the municipality should consider annually. The municipal council was authorized, however, to undertake improvements subject to the limitation of expenditures provided for in the Law. The Maura Law a Creditable Piece of Legislation.With all its defects, the Maura Law, on the whole, is a creditable piece of legislation intended to transplant into a colony the democratic institutions that were beginning to develop in the mother country. The defects in the Law were reflections of similar legislation that obtained in Spain. For a country inhabited by a peaceful, God-fearing people, whose officials are honest and incorruptible and are animated by the spirit of service, with no evil intention of exploiting the weak and ignorant mass, no other system of government could be so becoming then as that created by the Maura Law. But, unfortunately, Spain had always overestimated the honesty and integrity of her officials. She made very good laws, but the officials intrusted to execute them never were equal to the great tasks devolving on them. The qualifications of officials required by the Maura

Page  52 62 LOCAL GOVERNMENT IN THE PHILIPPINES Law were high, and for that reason Spain fancied that such requirements were all that were needed for the good and efficient government in her colony. The interference of the Church in State affairs would have been less disastrous, if ecclesiastics were all of the same type as that honest, well-meaning bishop described by Victor Hugo in his Les Miserables. But, unfortunately, many of the friars in the Philippines did not fulfill their pristine mission in the spirit of the lowly Nazarene. Spain had so much confidence in her ecclesiastical and civil authorities that all her laws did not provide for any elaborate definition of their )duties and powers. Spain never thought that her missionaries were ever capable of committing such injustices to the people to whom they were sent not to exploit, but to convert into the Christian faith. The Maura Law a Belated Measwre.-If the Maura Law had been promulgated a little earlier, before the spirit of revolution had stirred the minds of the Filipinos, in spite of its defects, it would have pacified the Filipinos and would have won their gratitude towards their mother country. For the Maura Law was a step in the direction towards greater and greater autonomy for the Philippines; and within a span of time, as soon as they had shown the capacity to exercise them, the Filipinos might have been granted the civil and political rights enjoyed by the Spaniards. But unfortunately (or fortunately perhaps!) the Revolution broke out; and the Maura Law failed in its object. Yet, in spite of its failure, a perusal of it will remind us of the last attempt of Spain to preserve the friendship of the Philippines toward her. To the memory of Don Antonio Maura y Montafier and as a posthumous recognition of his far-reaching statesmanship, let it be said that the Filipinos will always remember with profound gratitude his signal

Page  53 SPANISH PERIOD-THE MAURA LAW 53 services to their country, especially for attempting, although lately, to liberalize municipal institutions in vogue here. Just as the Catholic temples with their towering pinnacles still stand as the living symbol of Spain's religious influence over the Philippines, so will the Maura Law remain as the undying monument of Spain's last attempt at colonial administration for the redemption of her failure in giving political education to the people of the Philippine Islands. Local Self-Government among the Filipinos During the Sp(anish Regime.-The Filipinos, in reality, never had enjoyed any degree of self-government under the Spanish domination. In the first place, the laws foi the Islands were made in Spain and then promulgated in the Philippines, as the authorities saw fit. We had to take what wvas given! The judges who interpreted and applied these laws were practically all Spaniards; and, to complete the circle, administrative and executive functions were vested, with rare exceptions, in Spanish officials. The Spanish Government at Madrid not only appointed the GovernorGeneral and the majority of the Council of Administration, but also the governors of the provinces. There was a provincial junta which assisted the governor; but, as we have seen, only the minority members were elected-and then not by the people at large, but by the municipal captains of the towns. Indeed, the people had much less than any amount of control, as they had not even a voice either in the central or provincial governments. The provincial juntas had only advisory powers; the provincial governor was the power in the province,-and above all of them was the Governor-General. In municipal government, the people had no participation either. There was no initiative because there was no freedom. The council was subject to the direction of the provincial junta and was liable to be warned, fined, and suspended by the provincial gover

Page  54 U4 LOCAL GOVERNMENT IN THE PHILIPPINES nor. And in order to render this control more effective, the Governor-General was made president ex officio of all municipal councils, with power to discharge any member thereof or to dissolve the council entirely. Then, as we have already seen, suffrage was a monopoly of a few principales. Election was indirect, as the principales elected by ballot twelve delegates, and these in turn elected the municipal tribunal which governed the town.80 And, worse than all these faults, election was a farce! The principal actor behind the curtain was the parochial priest. Though called a mere adviser in the government and the administration of municipal affairs, he was the most powerful factor in the town. Favored by the close association, nay, complete merger of the Church and the State and aided by his superior training and religious authority, he was the virtual ruler of the town. There was hardly any municipal function in which his "advice" could be dispensed with. He intervened in the preparation of permanent sources of municipal revenues; in the fixing of the percentage of taxation imposed upon land or rural property; in deciding what public works to undertake; in the preparation of the estimates of expenditures; in the examination and inspection of accounts of the tribunal. He was also a member of the principalia, although a member without a vote. Indeed, there was scarcely any branch of the municipal government in which the priest was not enshrined as a much-revered icon-omnipresent, onmipercipient, omnipotent! These multifarious civil funtions of the parochial priest in the administration of local affairs, which persisted in the Philippines throughout the Spanish regime, was the consequent outgrowth of the peculiar intertwining so Preliminary Report of the Schurman Commission, I, Report of the Philippine Commission (1900), Exhibit I, pp. 82-83.

Page  55 SPANISH PERIOD-TIlE MAURA LAW 65 of the civil and religious functions. This unnecessary interference of the religious orders in civil matters was in no small degree responsible for the many injustices committed against the Filipinos. But it would be a gross ingratitude on the part of the Filipinos to be conscious only of the abuses of the friars, and to close their eyes to the beneficent influences of the ecclesiastical element on the life of the Filipinos. To the everlasting memory and honor of the different religious orders, be it said that our Christian civilization was made possible by their fervent faith and zeal. The work of the missionaries was not confined to the evangelization of the natives only. They brought to the Islands the light of European civilization; they advanced the industrial and agricultural development of the Islands; they established hospitals and asylums; and they did much for the education and training of the natives. The University of Santo Tomas, an institution twenty-five years older than Harvard; the College of San Juan de Letran; the Ateneo de Manila, and others are living monuments of the interest which the different religious orders took in the education of the Filipinos.81 81 "It is easy enough to point out instances of malfeasance on the part of these ecclesiastical authorities. Religious rule in civil affairs will hardly ever withstand the searching tests of modern criticism; too much is done by favor, and too little with justice; character is stifled, and dogma is substituted for intelligence. Progress is difficult and independence of thought savagely stamped out. Nevetheless, according to their lights and measured by the standard of their day and generation, most of these priests did the best they could for their flocks. Many of them were, indeed, men of integrity and piety; many, morever, gave their people new forms of agriculture and industry. For two hundred and fifty years we hear of few attempts at general revolt. There are few black deeds to record such as stain the pages of other colonial histories. Nevertheless, these long years of priestly domination are musty with the dust of a stationary civilization. The priests imposed their religion upon the people, but in turn imbibed some of

Page  56 CHAPTER V THE PLAN OF LOCAL GOVERNMENT UNDER THE PHILIPPINE REPUBLIC Local Government, the Corner-Stone of the Republic.Hardly had the Maura Law gained a foothold among the people when the Filipinos, by the superior right derivable from revolutions, proclaimed their independence, adopted a constitution, and established a republic. As it was in matters of local administration especially that corruption had largely existed through the venality of officials, one of the first things that merited the attention of Filipino statesmen, after the evacuation of the country by the Spanish forces, was the organization of local governments. According to Teodoro M. Kalaw, upon the triumph of the Revolution, Mabini conceived three principal ideas: first, to prevent anarchy following the cessation of the Spanish administration in the Philippines by organizing the provinces and municipalites; second, to acquire for the government of Aguinaldo the support of the provinces through their representatives in Congress; and third, to organize in the country and abroad a concerted movement toward the establishment of the Republic, through the National Gotheir superstitions and gave them back others.... Exercise of autocratic power by the governors, both civil and ecclesiastical, had led to gross abuses of power. In the decades from 1850 onward, greed and arrogance marked the religious orders, which had absorbed most of the riches and the best lands." Harrison, Francis Burton: The Corner-Stone of Philippine Independence (New York, 1922), pp. 22-23. '6b

Page  57 GOVERNMENT UNDER PHILIPPINE REPUBLIC 57 vernment in the first case and its envoys abroad in the second case. 32 Plans of local government were drawn to substitute a simple and expeditious system for the inefficient civil service and ponderous, ostentatious official routine which were some of the flagrant defects of the local administration. The importance that was attributed to local government was stated in Aguinaldo's Proclamation of June 18. 1898, in which he showed "the urgent necessity of establishing in each town a solid, robust organization, the strongest bulwark of public security and the sole means of securing the union and discipline which are indispensable for the establishment of the Republic; that is, a government of the people and for the people." It is evident that the Filipinos wanted to found a democracy that was to derive its strength and vigor from local political organizations. The aim was shown by the high regard for local public opinion in shaping the policy and determining the activities of the Central Government. In the Constitution Establishing the Dictatorial Government, Mabini said: "The first duty of every government is faithfully to interpret popular aspirations. The desire of Aguinaldo was to surround himself with the most distinguished persons of each province, those that by their conduct deserve the confidence of their people to the end that, the true necessities of each being known to them, measures may be adopted to meet these necessities and apply the remedies in accordance with the desires of all." The plan of local institutions adopted was designed to assure to the people of the provinces and municipalities security from abuse and relative freedom in the adminis82 Kalaw, Teodoro M.:' The Constitutional Plan of the Philippine Revolution, Philippine Law Journal, December, 1914, p. 7.

Page  58 58 LOCAL GOVERNMENT IN THE PHILIPPINES tration of local affairs. 83 The Filipinos of the time were aware that if a strong and enduring Filipino nation was to be established, it must be able to maintain itself in all emergencies, and the whole political fabric must be well founded on an efficient system of local governments. The plans formulated by the legal minds of the time, like Mabini, were not unworthy achievements in the evolution of political philosophy in the Islands. The Organization of Municipalities.-Immediately after the establishment of the revolutionary government in Bacoor, Cavite, General Aguinaldo proceeded to organize local governments. On June 18, 1898,84 he decreed that upon the evacuation of any portion of the Archipelago by the Spanish forces, the people in the town-who were most conspicuous for their intelligence, social position, and integrity-were to meet and elect the town officials. In those towns which were still under the control of the Spanish Government, the inhabitants were to decide upon the effective measures of combating and destroying the enemy. They were then to proceed to organize their government in accordance with the plan formulated by the governmlnt 83 Kalaw, Teodoro M.: The Philippine Revolution (Manila, 1925) ch. iv, pp. 110-111. s4 This Decree was supplemented by the Decree of June 20, 1898. Returning from Hongkong, Aguinaldo, acting upon the advice of Rianzares Baustista, proclaimed the dictatorial government; and the decrees of June 18 and June 20, 1898, were prepared by Apolinario Mabini apparently at the suggestion of Rianzares Bautista to Aguinaldo. Before this time, however, Aguinaldo had issued the Decree of October 31, 1896, in which he enjoined as follows: "Each town shall elect by popular suffrage a Municipal Committee composed of a President, a Vice-president, a Treasurer, a Secretary, a Judge, and two Members who shall administer the affairs of the Government and dispence justice; and these committees shall be entirely independent of the Central Committee, but shall be under the compulsion of supplying men, foodstuffs, and a war tax for the sustenance of the army. Each Municipal Committee shall send a delegate to the Central Committee."

Page  59 GOVERNMENT UNDER PHILIPPINE REPUBLIC 59 at Malolos. 85 It is very clear, from the language of this provision, that the plan was not intended to be a permament basis for the establishment of local governments, but was devised as a temporary expedient. Under the circumstances, this plan was probably the most advisable, for it not only prepared the way for a more permanent system of local government, but also served to unify the country by linking the different local units with one another. The organization of municipalities was placed under the supervision of special commissioners appointed for that purpose.86 Selection of Officials.-The chief officers of the town government were the town president and the heads of the suburbs. The term "suburbs" included not only those hitherto known as such, but also the center of the community cr the poblacion. The selection of these officials was placed in the hands of the inhabitants. All inhabitants, who were most distinguished for high character, social position, and honorable conduct, could take part in the meeting and be elected, provided that they were friendly to Philippine Independence and were at least twenty years old. 87 In this meeting three delegates were to be elected by a majority of votes: one of police and internal order, another of justice and civil registry, and another of taxes and property. Persons elected to any of these offices must immediately thereafter secure confirmation of the Government, which was to be given in accordance with the certificate of election. The representatives were to establish their 8 Aguinaldo's Decree of June 18, 1898, Vide Appendix D, infra. 'o Decree of July 27, 1898. The commissioners were appointed by Aguinaldo from the military commanders in the provinces where election was held. Aguinaldo usually approved the recommendations of his representatives in these elections. 67 Aguinaldo's Decree of June 18, 1898. On August 3, 1898, the chief provincial and municipal officials went to Kawit, Cavite, to take the oath of office.

Page  60 60 LOCAL GOVERNMENT IN THE PHILIPPINES identity by exhibiting their corresponding certificates. And before any person elected to any office was permitted to discharge his official duties, his election had to be approved by the Central Government. In the Decree of June 20, 1898, the organigation of the police force in each town was also provided for, the size of the force to be determined by each town according to its resources. The police force was placed under the command of a commissioner who held the rank of a lieutenant in the army. Municipal Officials and Their Duties.-The various officials of the municipality had various duties to perform, but they were without much power because of control over them by their superiors. The chief as the president, with the headmen and delegates, constituted the popular assembly whose function was to supervise the enforcement of laws and the promotion of the particular interests of each town. In addition to the foregoing duties, he was also required to act as judge in all cases arising within his jurisdiction and to authenticate public documents. The headmen of the center of the community (the poblaci6n) was the vice-president of the assembly, and the delegate of justice was its secretary. The headmen of the different suburbs were the delegates of the chief within their respective boundaries. The duties of the delegates of justice and civil registry were to aid the chief in the formation of courts and in keeping books of registry of births, deaths, marriage contracts, and of the census. The delegates of taxes and property aided the chief in the collection of taxes, the administration of public funds, the opening of books of registry of cattle and real property, and the performance of all work for the encouragement of industry.

Page  61 GOVERNMENT UNDER PHILIPPINE REPUBLIC 61 Organization of the Provincial Government.-After the organization of the towns, the chiefs of each town, after consulting their respective assemblies, met and elected by a majority of votes the chief of the province and the three councilors of the three branches mentioned above. The chief of the province, as president, the chief of the town which is the capital of the province as vice-president, and the above-mentioned councilors, constituted the provincial council which supervised the carrying out of the instructions of the Central Government. Each province was placed under a military commander, who, except in time of war, was to have no jurisdiction over civil administration. They could, however, demand of the chief of the province and the chiefs of towns such supplies as they might need, and these demands could not be refused. In case the province was threatened or occupied by an enemy, the military officers of the highest rank therein assumed the powers of the chief until the danger disappeared. This provision shows the wisdom of its authors, for it would have been fatal to the efficiency of the Government if the military authorities had been allowed to interfere with the work of the provincial officials. This precaution was taken to safeguard the public interests from the obnoxious influence of militarism which experience had shown to be highly pernicious to the efficiency of civil governments. But the provision was open to various interpretations which could be abused by both the chief of the province and the military head. A commissioner was appointed by the Central Government for each province, with the special duty of establishing therein the organization prescribed by the decrees and instructions issued for the purpose. Those military chiefs, who liberated the towns from the Spanish domination, were to be commissioners by virtue of that achievement.

Page  62 62 LOCAL GOVERNMENT IN THE PHILIPPINES These commissioners were to preside over the first meeting which was to be held in each town.88 Judicial Powers of Certain Local Officials. - The municipal officers were without power. The Revolutionary Government was under a strong, highly-centralized military dictatorship in which the real powers were vested; but the officers were required to perform numerous duties. The president, in addition to being the chief executive of the town, was required to act as judge in suits between persons under his jurisdiction and as agent in the collection of taxes. Upon him also devolved the duty of acting as notary public and of authenticating public documents. The Decree of June 18, 1898, gave the municipal and provincial executive officers jurisdiction over civil and criminal cases, a system which was to be followed for the time under the existing Spanish Codes. In criminal cases, the municipal chiefs were to conduct the preliminary examination and to remit prisoners for trial to the provincial board. In civil cases, the municipal council of four members was to act as the court of first instance; and their decision went on appeal to the provincial board. In both civil and criminal cases, there was allowed appeal to a permanent committee of nine members of the Assembly of the Central Government. Local Government Under the Malolos Constitution.So important to the Filipino statesmen at that time was the question of organizing the local government that certain rules which could not be departed from were inserted in the Constitution. For instance, the administration of the affairs of the towns, provinces, and the State was intrusted to the municipal assemblies (asambleas popclares), the provincial assemblies, and the central government, res88 Aguinaldo's Decree of June 18, 1898.

Page  63 GOVERNMENT UNDER PHILIPPINE REPUBLIC 63 pectivcly, according to the laws, and upon the basis of the most ample decentralization and administrative autonomy. " While the organization and powers of the provincial and municipal assemblies were to be governed by their respective laws, they were required to observe the following principles: 90 (1) the government and management of the private interests of the province or town by their respective corporations, upon the principle of popular and direct election being the basis of the said corporations; (2) publication of their budgets, accounts, and important ordinances; (3) publicity of their sessions within the limits prescribed by law; (4) the intervention of the Central Government, or in proper cases, by the National Assembly in order to prevent the provincial and municipal corporations from exceeding their powers, to the prejudice of general and individual interests; (5) the determination of their taxation powers, in order that provincial and municipal taxation may never be antagonistic to the system of taxation of the State. The Judiciary.-No provision was made in the Malolos Constitution for the establishment of inferior courts, except inferentially,-that there was to be a supreme court. The establishment of subordinate courts was left to the National Assembly to be provided for by special laws. Mabini, in his Constitutional Plan, provided for a more elaborate system of courts, from the supreme court to the justice of the peace court, including audiencias and provincial courts. The courts, according to him, were not only to hear and decide cases properly submitted to them, but to see to the execution of their judgments. To avoid the 89 Malolos Constitution, Tit. VII, Art. 57. 90 Kalaw, Teodoro M.: The Constitutional Plan of the Philippine Revolution, p. 12.

Page  64 64 LOCAL GOVERNMENT IN THE PHILIPPINES abuses of the Spanish courts, he strove to throw about the individual the safeguard of the writ of habeas corpus. Mabini was also more explicit in his enumeration of the individual and political rights. His declaration of the inviolability of domicile and other individual rights, and his definitely-worded prohibition of the confiscation of private property, except by the exercise of the right of eminent domain, found expression later in the Malolos Constitution. The provision of the Malolos Constitution, however, giving the President of the Republic the power to see to it that in the entire territory speedy and complete justice was administered, was open to all sorts of possibilities for interference, not merely with the local government, but also with the-judiciary. As legal attainments were not specifically required for any of these officials, much was left to be desired. Distrust of courts and of judges, born of years and experience under the corrupt Spanish judicial system in these Islands, led to the following unique provision in the Malolos Constitution: "Any citizen can institute a public prosecution against any member of the judiciary for any crime he may commit in the performance of his functions." 9t It is quite common in the Spanish-American countries for local executive officers to possess also the powers of a police judge; but here the entire judicial power, both in civil and criminal matters, was turned over to the executive and legislative branches of the Government. Taxation.-The next logical step taken after the organization of the local government was to devise ways and means for financing the Government. All public property was turned over and placed uder the charge of the local chief who was to administer it "for the greatest benefit of 91 Malolos Constitution, Art. 81.

Page  65 GOVERNMENT UNDER PHILIPPINE REPUBLIC all." All the local taxes established by the Spanish regime were to be continued, while the power to impose new taxes was lodged exclusively in the hands of the Central Government. The amount of the new taxes was to be determined by the Central Government with the advice of the representatives from the provinces. The municipalities had the same privilege that they had under Spain in levying and collecting what they could obtain from market and fishery license fees, fees for registering cattle, and other sources. The Spanish tax on the rental value of town property, the nearest approach that had been made to the real property tax, was also retained. The municipal budget was prepared by the municipalities. The estimates of expenses and receipts were to be submitted for approval to the Central Government, through the provincial council. When approved, the municipalities were allowed to retain a part of the funds collected to meet the estimated expenses, and any excess thereof reverted to the Central Treasury. It was in the field of taxation that the Filipinos made the least success in drafting their reform plans. No equitable basis for the assessment and collection of taxes was offered, and the machinery for the collection and disbursement of public funds was very inadequate. Municipalities were, however, theoretically given the initiative in local matters. This policy might have been due to the recognition of the fact that local needs can be felt better by the local 'communities concerned. But this autonomy was greatly endangered because the Central Government was given too much control over taxation. Local Government During the Filipino-American War. —Upon the outbreak of the Filipino-American War, the Central Government took measures to secure the harmonious and effective coordination of the different units

Page  66 66 LOCAL GOVERNMENT IN THE PHILIPPINES of local government in prosecuting the war against the Americans. The municipal councils were required to serve as juntas of defense charged with the duty of organizing corps of aid whose duty was to safeguard and supervise the use of the money and materials contributed by the people. The town president was to see to it that the lands were cultivated and that their products were disposed of at a fair price. In the administration of public funds, strict economy was followed. The town president, acting as an agent of the Central Government in the collection of taxes, was required to turn over the collections once a week. In order to increase the resources, a tax of fifty centavos on all burial ceremonies and a license tax of two pesos on every festival were collected, in addition to imposts on other customary objects of taxation. Observations: Filipino Leaders Had a Clear Conception of the Importance of Local Governments.-It was in matters of local government that Spain had begun to make reforms, had done a little, and had left the people so generally dissatisfied and restless. It was, therefore, to be expected that the Filipino Government was to give preferential attention to the task of remedying defects found in the system of municipal government. The Filipino reformers at Bacoor and Malolos made the entire scheme of local government extend clear down to the barrios. In the Cabinet there was a Department of Agricluture, Industry, and Commerce, although there was already a Department of the Interior. This last department appeared to be the clearing-house of governmental operations in the provinces and municipalities. The intervention of the Central Government in the affairs of these local entities was provided for in the Constitution, exactly as it was under the directorate of Civil Adminis

Page  67 GOVERNMENT UNDER PHILIPPINE REPUBLIC 67 tration. 92 This fact was, of course, a serious danger to the local autonomy aimed at by the Filipino revolutionists. In the matter of suffrage, according to Le Roy,98 the new Filipino Government was no more generous with the people whom it was supposed to represent than the Spanish Government had been, because the Decree of Aguinaldo of June 18, 1898, perpetuated the rincipalia class, as local officials under that Decree could only be selected from "citizens most distinguished for their education, social position, and honorable conduct", be 20 years of age, and "lovers of Philippine Independence." The Decree could have opened the way for the exercise of suffrage by the members of the middle class, and Mabini planned for a broader basis of suffrage-educational and property qualifications-when conditions improved. While it is true that the system of municipal and provincial governments was merely a continuation of the Spanish plan then in vogue, especially the Maura Law of 1893, 94 one decided advantage was gained, and that was the control by Filipinos of local governments in places under the control of the Revolutionary Government. Then, too, the friar was divested of all his traditional and accustomed power and influence in local government and administration. Perhaps not much credit could be claimed by the Filipino statesmen at the time for the institution of local governments during this period. It would be unfair and 92 Le Roy, James A., The Americans in the Philippines (New York, 1914) p. 302. 93 Id. pp. 302-303. 94 In formulating their system of government, the Filipinos had as their models, Spain and the Spanish-American countries, and the direct connection between Filipino constitutions with those of Spanish constitutions, particularly those of the South American republics and Mexico may be easily traced. Vide Malcolm, George A. Constitutional Law of the Philippine Islands (Manila, 1920) ch. ii.

Page  68 68 LOCAL GOVERNMENT IN THE PHILIPPINES erroneous, however, to judge the plans drafted by the Filipinos without considering the situation under which they were conceived and put into operation. Necessity and expediency determined the measures that had to be adopted; for the great and primary task was that of driving the enemies from the country. The Filipino leaders might not have shown great wisdom and ingenuity in the formulation of plans of local governments. An unbiased judgment, however, would admit the assertion that the Filipinos even then had a clear conception of the vital importance of local institutions to a true democracy; so much so, that they even went to the extreme of incorporating in their Constitution provisions relative to the administration of local governments, after the manner of some of the State constitutions of the United States.

Page  69 CHAPTER VI LOCAL GOVERNMENT DURING THE MILITARY OCCUPATION The New Era for Municipalities.-With the advent of American occupation came changes in local government and administration.95 This period was the beginning of the political ascendency of our municipalities. Municipal government was first temporarily provided for under the new regime by General Orders No. 43, Series of 1899, which were promulgated by Major-General Otis, Commander of the American forces of occupation in the Islands. "The right of one belligerent to occupy and govern the territory of the enemy while in its military possession, is one of the incidents of war, and flows directly from the right to conquer. We, therefore, do not look to the Constitution or political institution of the conqueror, for authority to establish a government for the territory of the enemy in his possession, during its military occupation, nor for the rules by which the powers of such government are regulated and limited. Such authority and such rules are derived directly from the laws of war, as established by the usage of the world, and confirmed by the writings of publicists and decisions of courts-in fine, from the law of nations.. The Municipal laws of a conquered territory, or the laws which regulate private rights, continue in force during military occupation, except so far as they are suspended.5 Laurel, Jose P. Cases on Municipal Corporations (Manila, 1924), Ch. I. Establishment of Local Government under American Administration. 69

Page  70 70 LOCAL GOVERNMENT IN THE PHILIPPINES or changed by the acts of the conqueror... He, nevertheless, has all the powers of a de facto government, and can at his pleasure either change the existing laws or make new ones.... 96 "In such cases the conquering power has the right to displace the pre-existing authority, and to assume to such extent as it may deem proper the exercise by itself of all the powers and functions of government. It may appoint all the necessary officers and clothe them with designated powers, larger or smaller, according to its pleasure. It may prescribe the revenues to be paid, and apply them to its own use or otherwise. It may do anything necessary to strengthen itself and weaken the enemy. There is no limit to the powers that may be exerted in such cases, save those which are found in the laws and usages of war." oT The General Orders issued by Major-General Otis contained instructions relative to the establishment of order and temporary government in towns under the control of the military authorities. In each such town, a municipal council was organized, composed of a president and as many headmen as there were barrios in the town. The council was charged with the maintenance of order and the regulation of municipal affairs, and the adoption of necessary ordinances. The First Towns Organized.-It was not in the province of Bulacan that the first municipal governments were established during American military occupation, as is the general belief or impression. The first towns 96 Halleck, H. W. International Law, (London, 1908), II. p. 444. 97 New Orleans v. Steamship Co. 20 Wall. 387, 393; See also Thirty Hogsheads of Sugar v. Boyle, 9 Cr. 191; Fleming v. Page, 9 How. 603, American Ins. Co. v. Canter, 1 Pet. 511. 98 Malcolm, George A., The Government of the Philippine Islands (1916) p. 199; Le Roy, James A., The Americans in the Philippines, (1914), II, pp. 68, 283-284.

Page  71 LOCAL GOVERNMENT-MILITARY OCCUPATION 71 selected for the purpose of experiment were Bacoor and Imus, province of Cavite. Parafaque and Las Pifias, Rizal, followed suit. 99 These towns were organized by General Lawton after consultation with General Otis. 00 Encouraged by the establishment or organization of these towns, General Lawton suggested to the Schurman Commission, then in the Islands, the preparation of a simple scheme of municipal government, so similar to the old system as to be readily comprehensible to the natives, but giving them liberties which they had never enjoyed before. The result, as stated was the constitution of a board to formulate a plan of municipal government and the promulgation of General Orders No. 43 Series of 1900. According to the preliminary report of the Schurman Commission to the President of the United States, the officials elected proved worthy of the trust reposed in them; and conditions very rapidly improved in the newly organized towns, each of which soon became a center of attraction for the insurgent soldiers whose families resided therein. Governments were also organized with satisfactory results in Pandacan, Santa Ana, San Felipe Neri, and San Pedro Macati, while a slightly 99 Preliminary Report of the Commission to the President of the United States, Exhibit I, Report of the Philippine Commission (1900), I, pp. 177-178. 100 "The Americans attempted to organize the first municipal governments in Luzon, first in Baliwag, (Bulacan), and later in some towns of Cavite and of what is now the province of Rizal, near Manila, which were in the military district commanded by General Lawton. Felipe G. Calderon wrote the document establishing the bases of such local government, patterned after the Maura Decree and after that of the Revolutionary Government, and later revised by Cayetano Arellano. General Lawton graciously helped in the realization of the idea. Calderon in person attended the institution of the first municipalities and the election of municipal officials. When General Otis realized that the plan was proving satisfactory, he issued the military order of August 8, 1899, adopting, with slight modifications, the rules written by Calderon and applying them to the occupied towns along the railway line." —Kalaw, Teodoro M.: The Philippine Revolution, (Manila, 1925), vii, p. 200.

Page  72 72 LOCAL GOVERNMENT IN THE PHILIPPINES different system was put into effect in Malabon, Polo, Obando, Meycawayan and Malolos.10' The President: His Duties and Powers.-The president was elected by the viva voce vote of residents of the town, with the approval of the commanding officer. The president had to be of native birth and parentage, a resident and property owner of the town. The headmen were also chosen by the viva voce vote of residents of the barrios and had to be property owners. The president, as the executive of the municipal council, had numerous duties to perform; namely, (1) to establish a police force, (2) to collect taxes and license fees and otherwise act as treasurer, (3) to enforce regulations relating to traffic and the sale of spirits, to establish and regulate markets, to inspect livestock and to record the transfer and brands of any head thereof, (4) to perform the duties formerly belonging to the lieutenant of paddyfields, (5) to enforce sanitary measures, (6) to establish schools, and (7) to provide for lighting the town. The Headman.-The senior headman, or the one designated by the council, was vice-president and ex officio lieutenant of police. The other headmen were delegates of the president in their respective barrios, in charge of the maintenance of public order. Each headman was authorized to appoint two assistants. The Council.-The council and the president had ju101 "A large amount of supervision over the affairs of our new municipalities proved necessary, as the officials were timid about assuming responsibility and slow to comprehend their new duties. At many of the elections voters went in succession to the commissioner present, the military representative, and the native priest, asking whom they were expected to vote for, and it was only with great difficulty and by dint of much argument that they were persuaded to exercise the right of free suffrage." Preliminary Report of the Schurman Commission, Report of the Philippine Commission (1900) I, Exhibit I, p. 178.

Page  73 LOCAL GOVERNMENT-MILITARY OCCUPATION 73 dicial powers. In criminal matters the president, representing the council, was authorized to make the preliminary examination and to discharge the prisoner or transfer him to the military authorities for trial by provost courts, as the case was. The council, on application by the parties and their agreement in writing to accept the award of the council, was authorized to hear and determine cases involving property not to exceed in value five hundred dollars. As stated, General Orders No. 43 were promulgated simply for the temporary control of towns in the possession of the United States, issued by virtue of the war powers of the army of occupation. It was for this reason that the instructions were simple and laconic and the powers were centralized in the hands of the municipal president and the military authorities. The president was the executive, at the same time the collector of taxes, and had judicial functions to perform. Then, too, the military authorities had absolute control over local officials and their acts. The municipal council could adopt ordinances and decrees, but were subject to the approval of the commanding officer of the troops stationed in the town. The plan put in force was a temporary expedient. The military authorities could have entirely dispensed with this organization and could have proceeded to govern under war powers. The Plan for Municipal Government.-Later on, as more towns came under the control of the military authorities, it became necessary to improve upon the plan of government provided in General Orders No. 43; and MajorGeneral Otis, in General Orders No. 18, dated January 29, 1900, 102 constituted a board "to take the subject under advisement and deliberation and to formulate and report as soon as practicable a plan of municipal government which 102 Vide Appendix F, ifra.

Page  74 74 LOCAL GOVERNMENT IN THE PHILIPPINES shall contain all necessary features to meet requirements and which shall be as liberal in character as existing conditions permit." The late Chief Justice Cayetano Arellano was made President of this Board; the members were Don Florentino Torres, Attorney-General; Lieutenant-Colonel E. H. Crowder, Associate Justice of the civil branch of the Audiencia; Honorable R. W. Young, Associate Justice of the criminal branch of the Audiencia; and Lieutenant-Colonel T. R. Hamer, Associate Justice of the criminal branch of the Audiencia. The Board undertook the work with zeal and vigor; and after a careful study of Spanish legislation on the subject and conditions then prevailing in the Islands, it reported upon a plan of municipal government which was approved by Major-General Otis and embodied in and promulgated as General Orders No. 40, dated March 29, 1900. The Orders set forth the,purposes for instituting the system of municipal government therein provided. The Orders, in part, state as follows: "It is with great satisfaction that the United States authorities, in consonance with former promises, promulgates in this order the law by which the municipalities of the towns of the Philippines are to be established and governed in the future. The law is inspired by a genuinely liberal spirit and the principles of autonomous government. It is in itself educating. It is calculated to urge on the people in the path of true progress, if they are desirotis to understand their duties as free citizens and make legitimate use of their privileges. "For the first time the Philippine people are to exercise the right of suffrage in the election of municipal officersa right only slightly restricted by conditions which have been imposed for the purpose of rewarding as well as encouraging the people in their just and natural aspiration

Page  75 LOCAL GOVERNMENT-MILITARY OCCUPATION 76 to become educated, and worthy to enjoy all the benefits of civilization." The Orders were intended to create a decentralized municipal government in the towns. There was no provincial assembly or board created in the capitals of the provinces. Each town was intended to be the administrator of its own interests and had control over the expenditure of municipal funds. As there could not be absolute decentralization of powers, the supervision over these towns had to be conferred upon the governors of the provinces. As a necessary result and corollary of decentralization, the powers of the local executive (alcalde) had to be strengthened. Hence, the alcalde, as a representative of the executive authority, was given power "to punish and repress misdemeanors and infringements of a governmental or administrative character." The!plan put in force, as stated, was the result of a careful study; and, as will appear from comparison, General Orders No. 40 served later on as the basis of Acts Nos. 82 and 83 subsequently enacted by the Philippine Commission. The General Orders made no general redistribution of territory, but simply recognized them as municipal corporations with the same limits as theretofore established. Towns incorporated under these General Orders were designated as municipios and were given the usual powers of a municipal corporation; namely, to sue and be sued, contract and be contracted with, acquire and hold real and personal property for the general interests of the town. The Alcalde and the Municipal Council —The government was vested in the Alcalde and the Municipal Council. There was also a municipal lieutenant. All of them were chosen at large by qualified electors of the municipality and their term of office was for two years. Electors must be male persons, 23 years of age or over, must be residents

Page  76 76 LOCAL GOVERNMENT IN THE PIfILIPPINES of the town in which they exercise the suffrage for a period of six months immediately preceding the election, and not citizens or subjects of any foreign power. In addition, the elector must be comprised within the following three classes: (1)Those who, prior to the thirteenth of August, 1898, held the office of municipal captain, gobernadorcillo, lieutenant, or cabeza de barangay; (2) Those who annually pay thirty pesos or more of the established taxes: and (3) those who speak, read, and write English or Spanish. Certain classes of persons were disqualified from voting. These classes included defendants in criminal cases pending trial; those who had been administratively corrected three or more times for misconduct; those who had been subjected to corporal punishment or disqualification; those subject to civil interdiction or to the vigilance of the authorities through sentence of a court of justice; debtors to any municipal, provincial, or treasury fund; those who had contracts with the municipal council to be finished within the municipal term; those who had a suit with the municipality to which they belonged; and insane and feebleminded persons. Municipal,Elections.-General ' municipal elections were held on the first Tuesday in December of each year and officers elected entered upon the performance of their duties on the first Monday of January following. During the first five days of the month next preceding the month in which any general election was to be held, the Alcalde was to prepare and cause to be posted, a proclamation in triplicate, specifying the place and hours of election and notifying all electors "to appear before the Municipal Secretary during the first fifteen days of the month in which the proclamation is dated, for the purpose of taking the elector's oath." The Alcalde was required to post or cause to be posted a list of such electors, alphabetically arrang

Page  77 LOCAL GOVERNMENT-MILITARY OCCUPATION 77 ed, and with a notice specifying a term of five days prior to the election, in which any qualified elector could demand his enrollment in the said list or the exclusion therefrom of the name of any person not having the right to vote. The question of inclusion and exclusion of a voter was passed upon by the Alcalde, municipal lieutenant, and attorney sitting as a board for the purpose. The board of election judges consisted of three qualified electors not holding municipal office or running as candidates therefor, and two tellers designated in writing by a majority vote of a board consisting of those members of the municipal council who had the longest unexpired terms of office. Election was by secret ballot. A plurality of votes elected. After election, the certificate of results was prepared in duplicate, one copy of which was sent to the provincial governor who was authorized to call a special election in case of the illegality of the election or take such other action that he deemed expedient. Vacancies.-In case of the absence of the Alcalde or any other temporary disability, the municipal lieutenant acted in his stead; and if the latter was himself under disability, the municipal attorney assumed the functions of the Alcalde. In case of permanent vacancy in the office of alcalde, the provincial governor was authorized to fill the vacancy. Permanent vacancies in the offices of municipal lieutenant and councilors were filled by the municipal council. Persons appointed had to possess the qualifications required of such officials and to serve only for the unexpired term for which they had been selected and until their successors were chosen. Qualifications and Duties of Officials.-An alcalde, municipal lieutenant, or councilor had to possess the following qualifications: (1) he must be a duly qualified elector of the municipality, twenty-six years of age or older, and

Page  78 78 LOCAL GOVERNMENT IN THE PHILIPPINES must have had a legal residence for at least one year prior to the date of election; and (2) he must speak, read, and write either English or the local vernacular. The following persons could not be elected or appointed to municipal office: ecclesiastics, soldiers in active service, persons receiving salary from municipal, provincial, or government funds; debtors to such funds; contractors of public works and their bondsmen; clerks and functionaries of the administration or government; bankrupts until discharged; and insane or feeble-minded persons. The Alcalde.-The alcalde was the local executive, who presided over the meetings of the council, and had no vote except in case of a tie, when he had the determinative vote. He had power: (1) to appoint, by and with consent of the Council, all non-elective municipal officers and employees, and at any time, for cause, to suspend or discharge them; (2) to cause the ordinance of the town to be executed; to supervise the discharge of official duties by all subordinates; and to perform all other duties prescribed by ordinance or law; (3) to recommend to the municipal council, at any time, such measures connected with the public health, the cleanliness or beautification of the town, or the improvement of the government and finances thereof, as he deemed expedient; (4) to approve ordinances adopted by the municipal council, such approval being necessary to the validity of the ordinance; (5) to issue orders relative to the city or rural police or to public safety, or for the purpose of avoiding conflagrations, floods, and the effects of storms or other public calamities; (6) to draw warrants on the town treasury for legitimate payments authorized by the council; (7) to exact the punctual payment of taxes; (8) with the assistance of the municipal attorney, one councilor, and one secretary, to hold such public auctions as may have been authorized by the municipal council, and

Page  79 LOCAL GOVERNMENT-MILITARY OCCUPATION 79 to preside thereat; (9) after due trial, in which the accused and his witnesses will be heard, to punish violations of municipal ordinances and regulations, either by admonition, disciplinary penalty, or fine and imprisonment. The jurisdiction conferred by this paragraph could at the discretion of the Alcalde, and upon his authorization in writing, be exercised by the municipal lieutenant. Such fines were paid in coin and turned into the town treasury by the Alcalde; (10) to examine and inspect the books, records, and papers of any officer or agent employed by the town; and (11) to sign the journals of the municipal council. The Municipal Attorney.-The municipal attorney was a lawyer; and if there was no lawyer available in the locality, any person best qualified to fill the office could be appointed. He was the substitute of the municipal lieutenant and was the legal adviser of the municipality and its officials. He attended all sessions of the council and was the censor of the acts or resolutions of the council, but had no vote. The Municipal Secretary.-The municipal secretary was the clerk of the council, and he kept the journal of the proceedings of the council and countersigned all warrants ordered by the council td be drawn on the town treasury. The Municipal Treasurer.-The municipal treasurer was the custodian of the funds of the municipality, kept a detailed account thereof, and prepared a complete statement of receipts and expeditures of the preceding month for the Alcalde. The treasurer was required to give a receipt to every person paying money to the treasury and was required to keep all money belonging to the town separate and distinct fromn his own funds. Salaries of Officials.-The offices of lieutenant and councilors were honorary and gratuitous. The Alcalde,

Page  80 80 LOCAL GOVERNMENT IN THE PHILIPPINES municipal attorney, and treasurer were paid according to the classification of towns based upon the number of inhabitants; municipalities of first class, not more than P1,200 for the Alcalde; P1,000 for the municipal attorney; P800 for the municipal treasurer. In second class municipalities-1-1,000, T:800, and 600OO. respectively; third class t8800, 600, and 14400, respectively; and fourth class-?600, P400, and q2200, respectively. Reelection.-The second reelection to any municipal office was prohibited, except after two years. Exemptions from Municipal Service.-The following persons could be excused from discharging the duties of Alcalde, lieutenant, and councilor upon written petition to the municipal secretary prior to the date of election: (1) those who were 62 yeras of age and older on the date of election; (2) those physically disabled; and (3) those who had discharged the same duties for two previous years. Interest in Municipal Contracts.-No other officer could directly or indirectly be interested in any contract, work, or business of the municipality, or in the purchase of any real estate or any other property belonging to the municipal corporation. The Municipal Council.-The council was the local legislature of the town. It had a variety of enumerated powers. Apart from many specified powers,103 it had 1os 1. To create the offices of Municipal Attorney, Treasurer, Secretary, and such other offices as may be necessary, and to prescribe their duties. 2. To establish and fix the salaries of town officers and employees and also to prescribe official fees when allowed by law, causing a list of the same to be posted in like manner with ordinances, subject to the limitations expressed in Article 40. 3. To manage the finances and property of the town. 4. To regulate the streets, sidewalks, wharves, and piers in the town, and the use thereof, and to prevent and remove obstacles and encroachments upon the same.

Page  81 LOCAL GOVERNMENT-MILITARY OCCUPATION 81 general power to enact ordinances and regulations, not repugnant to law, as were deemed necessary and proper for the health and safety, for the promotion of prosperity, the improvement of the morals, peace, good order, comfort, and convenience of the town and the inhabitants thereof, and for the protection of property therein. Quorum.-The majority of the council constituted a quorum to do business, but a smaller number could adjourn from time to time and could compel the attendance of absentees under such penalties as might be prescribed by 5. To establish or authorize slaughterhouses and markets, and to regulate the same. 6. To provide for lighting, sprinkling, and cleaning the town. 7. To provide for licensing every business not prohibited by law and to fix the amount of license tax therefor. 8. To regulate the keeping and use of animals. 9. To suppress games of chance, gambling houses, disorderly houses, nuisances of every description, and all kinds of vice and immorality. 10. To prohibit the burial of the dead within the town, except in such places and in such manner as the council may determine. 11. To establish and regulate a police department, and to maintain and regulate municipal prisons. 12. To establish and regulate a fire department. 13. To establish and maintain schools. 14. To impose penalties for the violation of ordinances; but no single penalty must exceed a fine of 125 pesetas or imprisonment for fifteen days, or both; imprisonment shall be imposed in lieu of unpaid fines at the rate of one day's imprisonment for each peso of the fine. 15. To require any land or building to be cleaned at the expense of the owner or occupant, and upon their default, to have the work done and to assess the expense upon the land and building. 16. To adopt measures to prevent the introduction and spread of disease. 17. To levy and collect taxes as hereinafter provided. 18. To establish, alter, extend, grade, pave, or otherwise improve streets, alleys, sidewalks, or public grounds, and to vacate the same. 19. To make appropriations for lawful town expenditures. 20. To make such provisions for the care of the poor and the sick as may be deemed necessary.

Page  82 82 LOCAL GOVERNMENT IN THE PHILIPPINES ordinance. The council was required at the beginning of each year to resolve itself into committees to take charge of the police, health, plantations, irrigation, livestock, public works, roads, schools, and other municipal affairs. The Time and Place for Holding Meetings.-The municipal council prescribed the time and place for holding its meetings. At least one meeting was required to be held each week. The alcalde or any two members of the council could call a special meeting by giving a written notice of it to each of the members of the council. 21. To purchase, receive, hold, sell, lease, convey, and dispose of property, real and personal, for the benefit of the town; provided, that the express authorization of the Governor of the Islands shall be necessary to alienate or constitute any lien upon any real propertv of the town. 22. To erect all needful buildings for the use of the town. 23. To construct and maintain waterworks for the purpose of supplying the inhabitants with water; and to control the water and water courses within the town. 24. To regulate and prevent the throwing or depositing of dirt, garbage, or any offensive matter in any street, alley, park, or public ground. 25. To regulate the numbering of houses and lots. 26. To name streets, avenues, and other public places and to change the names thereof. 27. To construct and keep in repair bridges and viaducts and to regulate the use thereof. 28. To construct and keep in repair public drains, sewers, and cesspools, and to regulate the construction and use of private plumbing, sewers, drains, and cesspools. 29. To license and regulate the manufacturing, selling, giving away or disposing in any manner of any intoxicating malt, vinous, mixed or fermented liquor, and to determine the amount to be paid for such licenses. 30. To prohibt and punish the keeping or visiting of any place where opium is smoked or sold for the purpose of smoking. 31. To provide for and regulate the inspection of meats, fruits, poultry, milk, fish, vegetables and all other provisions. 32. To provide for the inspection and sealing of weights and measures, and to enforce the keeping of the proper weights and measures by vendors.

Page  83 LOCAL GOVERNMENT-MILITARY OCCUPATION 83 Sessions of the Council.-The sessions of the municipal council were required to be public. The presiding officer had authority to require proper conduct and behavior from those present, and the council could decide upon holding sessions behind closed doors, if the nature of the business so required. The council determined its own rules of procedure, could punish its members for disorderly conduct, and with the concurrence of two-thirds of the menibers suspend or expel a member for cause. The Journal of Proceedings.-The council kept a jour33. To prevent intoxication, fighting, gambling and all disorderly conduct; to restrain riots, disturbances or disorderly assemblies. 34. To arrest, fine or set to work on the streets or elsewhere, all vagrants and persons found in the town without visible means of support or some legitimate business. 35. To provide for the punishment of mendicants, common prostitutes, or habitual disturbers of the peace. 36. To prohibit cruelty to animals. 37. To regulate the establishment and to provide for the inspection of steam boilers. 38. To regulate or prohibit the running at large of animals within the limits of the town. 39. To license, tax, regulate or prohibit the keeping of dogs, and authorize the destruction of the same, when at large contrary to ordinance. 40. In its discretion to divide the town into districts for taxation and administrative purposes, and to appoint one or more Councilors for the inspection and supervision of the same. 41. To establish a post-office and provide for the collection and delivery of mails; but such regulations must be in harmony with the postal service and rules established by the General Government. 42. To make such ordinances and regulations, not repugnant to law, as may be necessary to carry into effect and discharge the powers and duties conferred by this order, and such as shall seem necessary and proper to provide for the health and safety, promote the prosperity, improve the morals, peace, good order, comfort and convenience of the town and the inhabitants thereof and for the protection of property therein; and to enforce obedience thereto with such lawful fines or penalties as the Municipal Council may prescribe under the provisions of subdivision 14 of this Article. General Orders No. 40, s. 1900, Military Governor in the Philippine Islands, pp. 13-14. Vide Appendix G.

Page  84 84 LOCAL GOVERNMENT IN THE PHILIPPINES nal of its own proceedings. The "ayes" and "nays" had to be taken upon the passage of all ordinances and propositions to create any liability against the town, or at the request of any member. The Passage of Ordinances.-The concurrence of the majority of the members of the council was necessary to the passage of any ordinance or of any proposition creating indebtedness. Other measures could be adopted upon the majority vote of the members present. The Taking Effect of Ordinance.-All ordinances, before taking effect, had to be posted within the town in at least two public places, and then they went into effect on the tenth day after posting, unless otherwise provided for. Ordinances creating a municipal office or prescribing compensation therefor had to be approved by the provincial governor. Taxation and Finance.-The following were the sources of revenues of towns, devoted exclusively to local public purposes: (1) fisheries; (2) certificates of ownership of large cattle; (3) certificates of transfers of title; (4) rents and profits from city and country property belonging to the town; (5) billiard tables; (6) theatrical performances and horse races; (7) markets; (8) slaughterhouses; (9) tollbridges, ferries, and fords; (10) stabling of animals; (11) tax for lighting and cleaning streets; (12) municipal fines; (13) bathing establishments in public waters; (14) professional or special institutions or instruction; (15) licenses to erect buildings, and other licenses allotted to municipalities by law; (16) public carriages and those used in funerals, and carts used for the transportation of freight within the limits of the town; (17) issuing of certified copies of resolutions or of documents on file in the municipal archives; (18) the sale of spirituous or fermented drinks, either in permanent establishments, by peddlers, or by the

Page  85 LOCAL GOVERNMENT-MILITARY OCCUPATION 85 manufacturers thereof; (19) cafes, restaurants, hotels, inns, lodging houses, and other similar establishments; (20) the stamping and restamping of weights and measures; (21) carriages, carts, and horses; (22) municipal cemeteries; (23) road or street tax; (24) other taxes which could be imposed according to the requirements and conditions of each town; and (25) a general division among all residents and property-owners, in proportion to the means and resources of each, was authorized to cover the expenses of the service of the municipality or of such part thereof as was not provided for by receipts from the preceding sources. Limitation upon Industrial Taxation.-Rates of taxation, imposed by the municipal council upon industries paying industrial taxes to the General Government, could not exceed 25% of such industrial taxes. Change of Rate of Taxation.-Rates of municipal taxation were fixed by ordinance and could be changed from time to time when the council deemed proper, with the exception of certain taxes which before taking effect required the approval of the Governor of the Islands upon the recommendation of the provincial governor. Certain rules of local taxation were given; namely, that taxes could not be farmed out or leased by the municipal council, and that taxation shall be uniform and just throughout the municipality. Upon the alcalde was imposed the obligation of taking measures to compel the payment of delinquent taxes. Taxes were paid directly to the treasurer who issued receipts therefor. Persons aggrieved by the imposition of any tax could protest to the council, whose duty it was to consider and determine such protest at once. If the protest was disregarded, the protestant could appeal in writing to the provincial governor through the alcalde.

Page  86 86 LOCAL GOVERNMENT IN THE PHILIPPINES A public improvement, not exceeding two thousand pesos in cost, could be authorized by the council with the previous approval of the provincial governor. If the estimated cost exceeded that sum, the expenditure had to be submitted to the Governor of the Islands for final decision, with the recommendation of the provincial governor. No improvement could be authorized which could not be paid for from the ordinary revenues of the town or from some extroardinary tax duly proposed and approved. The Supervisory Authority of the Provincial Governor over Municipalities and Officials.-The provincial governor was made ex officio president of all municipal councils and had general supervisory authority over municipal affairs. He or his deputy could inspect all records, books, papers, moneys, and property, and could call upon the officials for an accounting of the receipts and expenditures. He had authority to suspend or remove for cause municipal officials, individually or collectively, appoint their subtitutes, and promptly report his action to the Governor of the Islands. Questions or disputes over boundaries of cities and municipalities were investigated by him and reported with his findings and recommendations to the Governor of the Islands. With the approval of the Governor of the Islands, he could authorize cities and towns to form among themselves associations for the construction of public works,the creation and foundation of beneficent, charitable, or educational institutions, for the encouragement of public interest in the municipalities. Observations.-The plan of municipal government put in force by General Orders No. 40, series of 1900, was brief but relatively complete in itself, and was one of the first acts of the military government to be demonstrative of the beneficent intentions of the United States toward the Philippines. Inspired in many of the provisions by the Maura

Page  87 LOCAL GOVERNMENT-MILITARY OCCUPATION 87 Law, the Orders were an improvement upon it, especially in the matter of the organization of municipal councils upon general suffrage and the principles of autonomous government which underlie it. A clearer division and limitation of powers was provided for; and while the alcalde and the provincial governor were given ample powers in the performance of executive and supervisory functions, such a step finds justification in the necessity of strengthening the executive hands and guarding against the unpreparedness of the people to receive all at once the complete popular control of their local governments. The Maura Law had hardly gained any ascendancy in the minds of the people; and liberal as that Law was, the people in reality never received the blessings of local self-government in any degree thereunder. 104 General Orders No. 40 were later made the basis of Acts Nos. 82 and 83 of the Philippine Commission, as we shall see later on and many of its provisions were incorporated in the Election Law (Act 1582) subsequently enacted by the Philippine Commission, as will appear from a cursory examination of this Act. Municipalities were classified according to population, the duties of officials more clearly defined, the powers of the council made more comprehensive, the collection of taxes rendered secure against dishonesty and defalcation, and a few rules of taxation laid down for strict observance. 104 Vide Chapter iv Supra.

Page  88 CHAPTER VII ORGANIZATION OF PROVINCES, MUNICIPALITIES AND MINOR POLITICAL SUB-DIVISIONS AFTER THE ESTABLISHMENT OF CIVIL GOVERNMENT Instructions of President McKinley.-On September 1, 1900, President McKinley transferred that part of the power of government in the Philippines, which was of a legislative nature, from the Military Governor to the Philippine Commission. President McKinley, in his Instructions of April 7, 1900, to the Commission, enjoined upon its members that they "devote their attention in the first instance to the establishment of municipal governments in which the natives of the Islands, both in the cities and the rural communities, shall be afforded the opportunity to manage their own local affairs to the fullest extent of which they are capable, and subject to the least degree of supervision and control which a careful study of their capacities and observation of the workings of native control show to be consistent with the maintenance of law, order, and loyalty", "The next subject in order of importance," the Instructions continued, "should be the organization of government in the larger administrative divisions, corresponding to counties, departments, or provinces, in which the common interest of many or several municipalities falling within the tribal lines, or the same natural geographical limits, may best be subserved by a common administration... In the distribution of powers among the governments organized 88

Page  89 ORGANIZATION UNDER CIVIL GOVERNMENT 89 by the Commission, the presumption is always to be in favor of the smaller subdivision, so that all the powers which can properly be exercised by the municipal government shall be vested in that government, and all the powers of a more general character which can be exercised by the departmental government shall be vested in that government, and so that in the governmental system which is the result of the process, the Central Government of the Islands, following the example of the distribution of the powers between the States and the National Government of the United States, shall have no direct administration except on matters of a purely general concern, and shall have only such supervision and control over the local governments as may be necessary to secure and enforce faithful and efficient administration by local officers".105 Enactment of Acts Nos. 82 and 83.-Pursuant to these Instructions of President McKinley, Acts Nos. 82 and 83 were enacted by the Philippine Commission on January 31 and February 5, 1901, respectively. These acts were the organic acts of our provinces and municipalities until their revision and codification in 1916 and 1917. History of Act Number 82.-Great progress had already been made in the organization of municipal governments throughout the Islands under General Orders No. 40. The changing conditions of the time brought to the attention of the Commission the necessity of modifying those General Orders. Accordingly, the Commission, by resolution of July 26, 1900, called the attention of the Military Governor to the necessity of making important modifications upon General Orders No. 40 after the first of September, 1900.0~6 In order to avoid confusion which might arise between July 26 and September 1, 1900, the applica1(>i Vide ch. i, supra. '10 Legislative Files, Executive Bureau.

Page  90 90 LOCAL GOVERNMENT IN THE PHILIPPINES tion of the General Orders in the organization of municipalities was temporarily suspended. 107 The Commission, in reply to a communication of the Military Governor, said in part: "It realizes, however, that there may be cases where it is greatly to the public interest to organize a town at once under General Orders No. 40, and it therefore, in view of the delay, modifies its request with which the Military Governor was good enough to comply, by asking that application to organize towns under General Orders No. 40 be not granted, except in those cases when a delay of a month would prejudice the public interest".108 The Commission began the task of studying the necessary changes to be made in General Orders No. 40. The draft of the proposed legislation was made by the Commission. In order to secure all the possible enlightening suggestions on the proposed bill which was to come before the Commission for deliberation on January 16, 1901, Dean C. Worcester instructed Lieutenant-Colonel E. H. Crowder, then Secretary to the Military Governor, to make arrangements for the distribution of the copies of the bill among army officers who had had experience in the organization and supervision of the towns under General Orders No. 40. Accordingly, copies were sent to all army officers in charge of the different departments into which the Islands were divided under the military occupation. Replies and suggestions were received at the office of tha Comnrission from the various army officers, giving their suggestions and opinions on the proposed municipal code. 109 107 Military Governor's letter to the United States Philippine Commission, October 13, 1900, in the Legislative Files of the Executive Bureau. 108 Letter sent to Military Governor McArthur, October 19 1900. 109 All communications of the various army officers regarding this Act are kept in the Legislative Files of the Executive Bureau.

Page  91 ORGANIZATION UNDER CIVIL GOVERNMENT 91 The Act, as it was drafted, seemed to have met the approval of the army officers to whom it had been submitted for suggestions and criticism. They were in a better position then to pass on the propriety and soundness of the proposed act, for they were relatively familiar with the local conditions prevailing in the Islands at that time. Arthur L. Wagner, Assistant Adjutant-General, in a memorandum of January 15, 1901, relative to this proposed act, said: "The proposed bill is carefully drawn and evidently has been so thoroughly digested that I find few suggestions to offer, and these suggestions are of a comparatively unimportant character." Lieutenant-Colonel H. H. Sergeant, Judge-Advocate, Department of Southern Luzon, said that on the whole, the bill was "excellent and well written". The Supervisor of Internal Revenue, Department of Northern Luzon, Mr. C. D. Cowles, says in a letter to the Adjutant-General that the bill was "an excellent and comprehensive measure well suited to the needs and conditions of the inhabitants of these Islands." Captain C. S. Nettles, Civil Secretary, was of the opinion that it would "fully meet the needs desired"; while Colonel Wert. Davis, Commander of the First District, Department of Northern Luzon, believed that its provisions were "exceptionally suitable for the establishment and government of municipalities or towns in the Philippine Islands." One of the most interesting letters regarding the proposed municipal bill was the one written by the Military Governor, Major-General Arthur McArthur, on September 14, 1900. The letter in part said: "It is assumed in this office that everyone recognizes the fact that insurrection exists throughout the Archipelago which in effect amounts to a state of war; that everything else must be subordinated to the successful prosecution of the war; and as martial law

Page  92 92 LOCAL GOVERNMENT IN THE PHILIPPINES prevails throughout the zone of military occupations, any code of municipal law announced at this time would be subject to the mandatory action at the discretion of the Commanding-General in behalf of public safety. It is absolutely essential that the executive and legislative branches of the military government should understand and subscribe to this conception of the situation which is unmistakably stated by the President on the first page of his Instructions to the Commission in which, quoting from his own Message to the last Congress and speaking of the Philippines, he said: 'As long as the insurrection continues, the military arm must necessarily be supreme'" From this letter of the Military Governor, it is apparent that he wanted to assert a power to set aside and hold for naught any section or sections of the municipal code adopted by the Commission which military necessity might require. It would then be an assumption by the Military Governor of the legislative jurisdiction which had been conferred on the Commission by the Instructions of the President. Mr. Taft, then President of the Commission, ably defended the prerogatives of the Commission by referring to the same Instructions which read thus: "The Military Governor will remain the chief executive head of the government of the Islands, and will exercise the executive authority now possessed by him and not herein expressly assigned to the Commission, subject however, to the rules and orders enacted by the Commission in the exercise of the legislative powers conferred upon them." In a letter sent to the Military Governor on September 18, 1900, Mr. Taft says that: "By another clause in the Instructions, the legislative power to organize and establish municipal governments in the Islands is expressly given to the Commission. The power thus conferred enables the

Page  93 ORGANIZATION UNDER CIVIL GOVERNMENT 93 Commission to legislate for each municipality which it thinks should be established and necessarily includes the right to determine the particular town to which the Municipal Code shall apply." The enactment of the bill into law was delayed because of the necessity of securing the sanction of the Secretary of war to Section 62 of the Act. It took some time for the War Department to consider it carefully. But the speedy enactment of the bill was essential to the pacification of the natives; so Mr. Taft cabled the Secretary of War and urged action on Section 62, for the "organization of provinces and municipal government was most important in pacification". The approval of Secretary Root of Section 62 was received in Manila by cable on December 25, 1901. The Act, which was known as the Municipal Code, became a law on January 31, 1901. Origin of Act No. 83.-Act No. 83, known as the Provincial Government Act, seemed to have gone through the Commission rather hurriedly. A perusal of the original draft of the Act and of the Act as passed reveals that there had been no material changes made in the original draft. The time intervening between the date it was drafted and the date it was enacted shows that it was not so thoroughly considered as Act No. 82 had been. On February 6, 1901 the bill was enacted into law. Organization of Local Governments Under the New Acts.-According to the President's Instructions, the organization of civil government in the Philippines should proceed by organizing municipalities first. The situation was such that they had to organize the provincial governments before they could organize the town governments. The members of the Commission had been kept closely confined in Manila and from personal observation knew little about the prevailing conditions in remote provinces. In order to

Page  94 94 LOCAL GOVERNMENT IN THE PHILIPPINES accomplish this end, the Commission made a spectacular tour of the Islands. 10 As conditions warranted, elections of municipal officers under the new act were held. A president, vice-president, and councilors were chosen for each municipality. The system of municipal government established at the time continued up to the present. Provincial governments were organized according to the provisions of Act No. 83, which originally placed the government of the province in the provincial board composed of the governor, the supervisor, and the treasurer. Later, the supervisor was replaced on the board by the division superintendent of schools. The provincial governor was the only one elected; but he was, however, chosen by councilors of the organized municipalities assembled in a convention. It was not until 1907 that the provincial governors and the third members began to be elected by the qualified voters of the province. This was a step toward self-government, for it gave the Filipinos a majority in the provicial board, inasmuch as treasurers, who were at that time the appointed members of the board, were 110 The general method of procedure is described by former Commissioner Charles B. Elliot, in his book The Philippinas to the End of the Military Regine (Indianapolis, 1917), pp. 522-523: "Upon arriving at the capital (of each province) the Commission would consult with the American army officer stationed there with reference to conditions, candidates for office, and other matters which might enable them to carry on an intelligent discussion with the people. It then met in conventions with the presidents, municipal counselors and principal men summoned to the meeting. The important towns of the province were generally well represented. Mr. Taft as president of the Commission would state the purposes of the visit and explain the provisions of the provincial government law. The provisions to be inserted in the special act for the province relating to the capital, boundaries, salaries of officials, and other local matters would be fully discussed and if in the judgment of the commission a provincial government should be established, the first officers were appointed and sworn in."

Page  95 ORGANIZATION UNDER CIVIL GOVERNMENT 95 mostly Americans. As will be seen hereinafter, the Filipinos were later on given greater participation in the affairs of the provincial government by making the entire membership of the provincial board elective. The City of Manila was organized under a special charter (Act No. 183) which has given it a great amount of self-government. '" Townships and Settlements.-The first steps taken in the establishement of popular local government in the Philippines were the establishment of settlement and township governments. The province of Benguet was the first to institute civil government in the townships and settlements. This action was taken under the provisions of Act No. 48 of the Philippine Commission, enacted November 28, 1900. Subsequent legislation by the Commission established civil government in the townships of the provinces of Nueva Vizcaya, Lepanto-Bontoc, and other places as rapidly as their conditions justified the establishment of civil government. 112 Among the Manguianes, Negritos and other NonChristian tribes, civil government was also established. With the passage of Act No. 1397, known as the Township 111 Vide Chartered Cities, infra, ch. x. 1 2 These are the Acts providing for the establishment of local civil government in townships and settlements in different provinces prior to the passage of Act No. 1397, known as the Township Act: Act No. 48-Benguet (November 28, 1900) Act No. 387-Nueva Vizcaya (April 9, 1902) Act No. 411-Lepanto-Bontoc (May 28, 1902) Act No. 445-Non-Christian Tribes in Abra (Aug. 8, 1902) Act No. 547-Manguian Tribes in Mindoro (Dec. 4, 1902) Act No. 548-Negritos in Bataan (Dec. 4, 1902) Act No. 549-Negritos in Zambales (Dec. 4, 1909) Act No. 550-Negritos in Tarlac (Dec. 4, 1902) Act No. 579-Non-Christian Tribes in the province of Misamis other than Moros (Jan. 6, 1903) Act No. 753-Non-Christian Tribes in Pangasinan (May 19, 1903) Act. No. 855-Non-Christian Tribes in Ilocos Norte (Aug. 27, 1903)

Page  96 96 LOCAL GOVERNMENT IN THE PHILIPPINES Law, all previous acts on settlement and township governments were repealed. This Act had been in force until March 1919, when it was abrogated by Act No. 2824. But it is of no little interest to study the form of local governments provided by this Act, for it will show the gradual steps by which the natives have been allowed to participate in the administration of their affairs. The Township Government and Its Officers.-The township, like any other political subdivision, was corporate in its nature. Each township was divided into as many barrios as was possible, one of which was designated as the chief barrio. The chief officers of the township government were the president, the vice-president, and the council composed of one representative from each barrio. The president and vice-president were elected by the qualified electors of the township, while the councilors were chosen by the qualified electors in each barrio. To be eligible for election to a township office, he had to be a qualified elector of the province and must have been a resident of the province one year prior to the election. Ecclesiastics, soldiers in active service, officers receiving salaries from insular or provincial funds, and those delinquent in the payment of public taxes could not be elected to any township office. The Township President.-The president was the chief executive of the township. His duties were to preside over the meetings of the council; to execute township ordinances; to supervise the discharge of the official duties of all his subordinates; to examine the books, records, and papers of every officer; to issue orders relating to police and public safety; to attend all conventions of township presidents called by the provincial board; and to recommend such measures as would promote the general welfare of the township.

Page  97 ORGANIZATION UNDER CIVIL GOVERNMENT 97 In case of crime or misdemeanor committed in a township where there was no justice of the peace, he was required to make preliminary investigations and to order the arrest of the offender. He was required to make an annual report to be submitted first to the council and thereafter forwarded to the provincial governor. The Township Vice-President —The vice-president was the substitute of the president in case of the absence of the latter and was an ex officio member of the council. The Township Secretary.-The secretary was the clerk and recorder of the township council. His duties included that of keeping the journal of the council's proceedings, countersigning and certifying warrants drawn on the township treasury, keeping a civil register of births, marriages, and deaths, and taking care of correspondence. The Township Treasurer.-The treasurer was appointed by the provincial treasurer with the consent of the provincial board. He was the chief financial officer of the town and the ex officio deputy of the provincial treasurer. His principal duties were: to collect and receive all taxes and revenues due the township and all other governments; to issue a receipt to anyone paying money into the township treasury; to keep a detailed account of his transactions; to submit to the council a monthly report of the receipts and expenditures of the preceding month; to pay all lawful warrants presented; to render as might be required of him such accounts to the Auditor; to appoint subordinate employees; and to deposit township funds in any bank when especially authorized by the township council. The Township Council.-The council was composed of the president, vice-president, and one representative from each barrio who should present to the council the peculiar needs of his barrio. The council held regular weekly meetings, and such

Page  98 98 LOCAL GOVERNMENT IN THE PHILIPPINES special meetings as the occasion might require. The majority of the council elected was required to constitute a quorum to do business. It determined its own rules of procedure. The minutes of its proceedings were entered in a journal kept for that purpose. Mandatory Powers of the Township Council.-The mandatory powers of the council were: (1) to fix the salaries of all duly authorized employees, except those of the treasurer and the school teachers; (2) to fill any permanent vacancy in the vice-presidency or the council; (3) to make appropriations for necessary and lawful purposes; (4) to manage the property of the township; (5) to erect all needful buildings for the use of the town; (6) to construct all necessary roads, trails, and streets; (7) to provide regulations for the sanitation of the township; (8) to regulate the running at large of domestic animals; (9) to adopt measures to prevent the spread of diseases; (10) to prohibit gambling; (11) to establish, regulate, and maintain a police force; (12) to establish and maintain a primary school; (13) to establish a post-office and provide for the delivery of mail; (14) to regulate the sale of intoxicating liquors; and (15) to prescribe suitable penalties for the violation of township ordinances. Discretionary Powers of the Township Council.-Like the Municipal council of a regularly organized municipality, the township council was given ample discretionary powers. It could, in its discretion, make provisions for the care of the poor and the sick; purchase, receive, hold, lease, or dispose of property for the benefit of the township; provide for the establishment of public baths, the erection of public markets, and the opening of an intermediate school; license or prohibit the keeping of dogs; regulate and permit or prohibit cockfighting; license public carriages, carts, cafes, and

Page  99 ORGANIZATION UNDER CIVIL GOVERNMENT 99 restaurants; and act on such matters as would promote the general welfare of the township. The affairs of the townships were under the general supervision of the provincial board. Every act or resolution was to be passed upon by the provincial board; and the board had the right to suggest amendments to any ordinance, act, or resolution of the council. These acts or resolutions were to be enacted with the suggested amendments. The Township Police.-The police force was composed of a chief of police and a number of policemen the council might determine with the approval of the provincial board. They constituted the peace officers of the town and were charged with the preservation of order. The police force was governed by rules and regulations issued by the Chief of Constabulary. Besides their duties as peace officers, they were also required to act as firemen. Township Finance.-Township revenues obtainable by taxation, like the revenues of regularly organized municipalities, were derived from such sources only as were expressly authorized by law. These revenues were devoted exclusively to the public needs of the township. Some of the sources of township revenues were: the real property tax; fees for granting licenses and privileges; fees for issuing certificates of ownership of cattle; rents and profits from township properties; tolls from ferries, markets, and slaughter-houses; tuition fees from intermediate schools; township fines and penalties; and the cart and sledge tax. Settlements.-Settlements were the simplest forms of political sub-divisions in the Philippines, and they may properly be called the kindergarten for the training of the Filipinos for local popular self-government. They were organized in special provinces where the inhabitants of the

Page  100 100 LOCAL GOVERNMENT IN THE PHILIPPINES community had not made such progress in civilization as to warrant its organization into a municipality or township, or where the community was so remote as to render its organization into a barrio within a municipality or township impracticable. A settlement could be organized, abolished, or reorganized either by an executive order of the Governor-General or by a resolution of the provincial board, subject in the latter case to the approval of the Department Head. The officers of the settlements were appointed by the provincial board. Their powers and duties were prescribed by the board with the approval of the Department Head, but these powers and duties could not exceed those granted to township officers. The revenues of the settlement were derived from the taxes from its inhabitants. These taxes were prescribed by the provincial board of the province in which the settlement is located. In the administration of these settlements, the aim had always been to aid the inhabitants of these less advanced communities to acquire the knowledge and experience necessary for local self-government. Revision and Codification of Lazws.-The Code Committee, which was created to revise and codify existing laws in the Philippine Islands,'1 submitted a draft of an administrative code containing the revised statutes of the Philippine Islands. This code was enacted by the Philippine Legislature on February 24, 1916, effective July 1, 1916, and has been known as the Administrative Code of 1916 (Act No. 2657). This code was later amended and revised and a new Administrative Code of 1917 (Act No. 2711) was adopted by the Philippine Legislature on March 10, 1917, effective October 1, 1917. Chapters 56 and 57, title IX of 13 Act No. 1941.

Page  101 ORGANIZATION UNDER CIVIL GOVERNMENT 101 Book III of this Administrative Code of 1917, which embody the original Acts Nos. 82 and 83 of the Philippine Commission, as amended, now constitute the organic laws for the municipalities and provinces of the Philipppine Islands.

Page  102 CHAPTER VIII THE PROVINCIAL GOVERNMENT Political Units of Local Administration. 4 —There used to be the following political units in the Philippines for purposes of local administration: provinces (regular and special), sub-provinces, chartered cities, municipalities, townships, and settlements (rancherias). The regular provinces are those governed by the general provincial law (Act No. 83, as amended; now Chapter 56 of the Adminis114 The following comparative statement shows the number of local political units in 1913 and 1925: December 31, 1913 I. ProvincesA. Provinces organized under Act No. 83...... 31 B. Provinces organized otherwise.................... 7 T otal................................. 38 II. Chartered CitiesA. City of Manila (Organic Act-Act No. 183)............... 1 B. City of Baguio (Organic Act-Act No. 1963)............ 1 Total.......................... III. Municipalities(Organic Act-Act No. 82)................ 740 IV. Townships — 2 (Organic Act-Act No. 1397)............ 85 V. Settlements(Organic Act-Act No. 1397)............ 1991 Total................................................ 2816 102

Page  103 THE PROVINCIAL GOVERNMENT 103 trative Code of 1917), while the special provinces are those organized by special acts. Subprovinces are political subdivisions in regular provinces.115 The cities are Manila (incorporated by Act No. 183, now Chapter 60 of the Administrative Code of 1917) and Baguio (incorporated by Act No. 1963, now Chapter 61 of the Administrative Code of 1917). Municipalities in the regularly organized provinces are governed by the general municipal law (Act No. 82, December 31, 1925 I. ProvincesA. Provinces Organized Under Act No. 83 (Book III, Title 8, Chapter 56, Administrative Code of 1917)........................ 37 B. Especially Organized Provinces (Art. XII of same book, title, and chapter).................................................. 11 T otal................................................... 48 II. Chartered CitiesA. City of Manila (Chapter 60, Administrative Code of 1917)..................................................... 1 B. City of Bagio (Chapter 61, Administrative Code of 1917)......................................... 1 Total.................................................... 2 III. Municipalities............................................. 893 Abolished and either aggregated to IV. Townships municipalities or organized into independent municipal districts in acV Settlements cordance with the provisions of Article 6 of Chapter 64 of the Administrative Code of 1917. VI. Municipal Districts — (Organic Act-Act No. 2824)............ 304 Total.......................................... 1197 115 However, in the Mountain Province, although a special province, there are also subprovinces.

Page  104 104 LOCAL GOVERNMENT IN THE PHILIPPINES now Chapter 57 of title IX of the Administrative Code of 1917); and municipalities in the especially organized provinces are governed by Chapter 64, title 11, of the same Code. Townships (Act No. 1397: Chapter 58, title IX. and Book III, Administrative Code of 1917), and settlements (Chapter 59, title IX, Book III, Administrative Code of 1917) were simpler forms of local governments for communities less advanced in civilization. Townships and settlements have been abolished in the regular provinces and have either been aggregated to municipalities or organized into independent municipalities or municipal districts, in accordance with the provisions of Article 6 of Chapter 64 of the Administrative Code of 1917. Municipal districts existed formerly only in the Department of Mindanao and Sulu. But upon the passage of Act No. 2824, making the provisions of Article 6 of Chapter 64 of the Administrative Code of 1917 applicable to townships, these townships were organized into and became municipal districts. Regularly Organized Provinces.-At the present time there are thirty-seven regularly organized provinces. "1 Each province is a public corporation with continuous succession in its corporate name. As such, it is endowed with the power: (a) to acquire and convey real property; (b) to make contracts for labor and material needed in the construction of public works; (c) to acquire and dispose of personal property; (d) to sue and be sued; and (d) to exercise such other rights and incur such other obligations as are expressly authorized by law. 117 116 They are: Abra, Albay, Antique, Bataan, Batangas, Bohol, Bulacan, Cagavan, Camarines Norte, Camarines Sur, Capiz, Cavite, Cebu, Ilocos Norte, Ilocos Sur, Iloilo, Isabela, Laguna, La Union, Leyte, Marinduque, Masbate, Mindoro, Misamis, Nueva Ecija, Occidental Negros, Oriental Negros, Pampanga, Pangasinan, Rizal, Romblon, Samar, Sorsogon, Surigao, Tarlac, Tayabas, and Zambales. 117 Section 2067, Administrative Code of 1917.

Page  105 THE PROVINCIAL GOVERNMENT 105 Provincial Offices and Officers.-The principal officers of the provinces are the provincial governor, two members of the provincial board, and the provincial treasurer. The provincial governor and the two members of the provincial board are elected every three years by the qualified voters of the province. These elective officials must be qualified electors of the province, bona fide residents of the province for at least one year prior to the election, loyal to the United States, and at least twenty-five years of age. "s The provincial treasurer is appointed by the Governor-General with the consent of the Philipine Senate. Other officers of the provincial government are the provincial fiscal, the division superintendent of schools, the district engineer, the register of deeds, the district auditor, the district health officer, and the provincial commander of constabulary. These are all appointed officers. When a vacancy occurs in any of the elective provincial offices by reason of the death, resignation or removal of the incumbent, the Governor-General appoints a qualified individual to fill the vacancy for the remainder of the term. 19 In case of the failure of a provincial election, a special election may be called by the Governor-General for the purpose of filling the vacancy in the provincial office. In case the provincial officer elected dies before qualifying or fails to qualify, the vacancy may be filled by a special election or by appointment by the Governor-General in his discretion. 120 The Provincial Governor.-The provincial governor is the chief executive of the province who is charged with the general supervision of the government of the province and the municipalities or other political sub-divisions. It is 118 Section 2071, Administrative Code of 1917. 119 Vide Supervision and Control of Local Governments, infra ch. xiii. 120 Section 2075, Administrative Code of 1917.

Page  106 106 LOCAL GOVERNMENT IN THE PIILIPPINES also his duty to see to it that the laws are faithfully executed by all officers therein and to make known to the people of the province all the general laws or government orders which especially concern them. He is required to visit every municipality and municipal district in his province at least once every six months in order to acquaint himself with the conditions of local administration and to advise the authorities in the performance of their duties. IOn such visits he receives complaints against the official conduct of any of the local officials. Provincial Circular No. 210 of the Executive Bureau, dated March 1, 1922, requires that these inspections should be as thorough as are possible. lie is also charged with the preservation of peace and order throughout the province and is therefore given cortrol of the police of all the municipalities; and for the purpose of suppressing violence he can call on the Provincial Commander of Constabulary. When such violence becomes so formidable in character as to be beyond the power of the local police and the Philippine Constabulary, he can request the Governor-General for the aid of the United States Army. The provincial governor, with the approval of the GovernorGeneral, may place a municipal police under the control of the Provincial Commander of Constabulary when in his judgment public interests will be subserved.2' He is also charged with the keeping of the provincial jail and its administration in accordance with law and the regulations prescribed for provincial prisons.'22 He also discharges the duties pertaining to the sheriff, but he may renounce this office and in this case the duties are discharged by a person appointed by the Attorney-General.123 The provincial gov121 Section 837, Administrative Code of 1917. 122 Section 1771, Ibid.?23 Section 187, Ibid.

Page  107 THE PROVINCIAL GOVERNMENT 107 ernor has direction of, and is responsible for, the enforcement of laws and regulations relative to the suppression of animal diseases in his province."' On the occasion of the absence, illness, or other temporary disability of the provincial governor, the duties pertaining to that office are performed by the person designated by the Governor-General upon the recommendation of the provincial governor, concurred in by the Chief of the Executive Bureau and the Secretary of the Interior. Until the Governor-General acts, the duties of the provincial governor may be discharged by one of the elective members of the provincial board or by the provincial treasurer or the secretary of the provincial board, the choice being left to the provincial governor. When the provincial treasurer or the secretary of the provincial board is designated, his authority is limited to the performance, during the absence of the governor from the provincial capital, of such duty of the governor as can only be performed at the capital, or may be limited to the performance of acts or classes of acts.125 To the Secretary of the Interior, he makes an annual report which contains all matters relating to the administration and progress of the government of the province, giving information about its commercial, economic, financial, industrial, and political condition.12 The Provincial Treasurer.-The provincial treasurer is the chief fiscal officer and adviser of the province. He is appointed by the Governor-General with the consent of the Philippine Senate. As fiscal officer, he is in charge of the collection of Insular, provincial, and municipal taxes. He keeps the property and funds of the province and such other public 124 Section 1765, Administrative Code of 1917. 125 Section 2076, Ibid. 126 Sections 2082-2085, Ibid.

Page  108 10& LOCAL GOVERNMENT IN THE PHILIPPINES funds as may be entrusted to him. He is charged with the care of public buildings and offices of the provincial government. He also secures, with the authority of the provincial board, all office equipment, supplies and materials for the use of the provincial officers and such other persons as are entitled to obtain equipment and supplies from the province.127 Provincial Assessnr.-There is a provincial assessor in each province, appointed by the Chief of the Executive Bureau upon nomination by the provincial board. His appointment is not necessarily subject to the civil service rules. It is his duty to appraise, at its true value in money, real property subject to taxation in his province, as required by law.128 At the present time, in practically all the provinces under the Executive Bureau, the provincial treasurer acts as ex officio assessor with additional compensation. The Provincial Board.-The administration of the affairs of the provincial government is vested in the provincial board. It is composed of the governor, as the presiding officer, and the two elective members. The elective members of the board are required to attend all the sessions of the board and to perform the duties pertaining to their respective offices. But by the unanimous resolution of the provincial board, approved by the Secretary of the Interior, either elective member may be required, for the time specified in the resolution, to perform the duties of any provincial officer or to perform ministerial duty required by the board. The two elective members of the board receive from five to fifteen pesos for each session of the board actually attended, except as otherwise especially provided. They "27 Sections 2088-2089, Administrative Code of 1917. 128 Sections 2092-2094, Ibid.

Page  109 THE PROVINCIAL GOVERNMENT 109 are not under obligation to reside in the capital of the province during their incumbency nor are they required to have an office in the provincial building. If the elective member is not a resident of the capital, his traveling expenses in going to and returning from the capital are reimbursed to him. The secretary of the board attends all the meetings of the board and acts as its recording officer. He keeps the seal of the province, attests the official acts of the provincial governor, and records all the acts of the governor required by law. The board meets regularly once a week on the date specified by the board. Special meetings, however, may be called by the provincial governor for any day. The minutes of its proceedings are kept in a complete, permanent, carefully written record, arranged in proper chronological order. The methods of keeping these records must be done in the way prescribed by the Chief of the Executive Bureau. The minutes must show the date of the meeting and its character, whether special or regular; the names of the members present; the name of the presiding officer; whether the minutes of the last meeting were read and approved, or the reasons for disapproval, if such action was taken. The minutes shall show the author of each resolution and the resolution in full, as well as the vote of each member by name. The minutes of the board must be signed by the presiding officer and attested by the secretary-of the board. The Chief of the Executive Bureau is to be furnished with copies of these minutes and of the executive orders of the provincial governor.129 The Powers and Duties of the Provincial Board.-The powers and duties of the provincial board are: (1) to n29 Sections 2095-2101, Administrative Code of 1917.

Page  110 110 LOCAL GOVERNMENT IN THE PHILIPPINES provide a seal for the province; (2) to provide suitable offices for the provincial officers and other officials who by law are entitled thereto at provincial expense; (3) to provide a court-house containing a room or rooms suitable 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; (4) to provide and equip for the division superintendent of schools stationed in the province the necessary room or rooms for his office and for use in storing and distributing supplies, and to supply an adequate messenger and janitor service in connection with said office; (5) to furnish to the provincial treasurer a suitable vault or safe for the keeping of public funds; (6) to direct, in its discretion, the bringing or defense of civil suits on behalf of the provincial government and to compromise the same upon the recommendation of the provincial fiscal and the approval of the judge of first instance for the district; (7) to order, in its discretion, and upon the recommendation of the district engineer, the construction, repair, or maintenance of roads, bridges, and ferries and the undertaking of other provincial public works and improvements in accordance with law; (8) to agree, upon the recommendation of the district 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; (9) to order, in its discretion, the execution by the district 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 or the Insular Government within the jurisdiction of the province;

Page  111 THE PROVINCIAL GOVERNMENT 111 (10) to authorize and conduct, pursuant to law, systematic campaigns or operations against dangerous communicable diseases, agricultural pests, and epidemics of cattle diseases, when the province is afflicted by or threatened with an invasion of such pests.130 Besides these powers, there are others which may be exercised by the provincial board with the approval of the Secretary of the Interior; namely, to appropriate money for purposes not specified by law, but with the general welfare of the province and its inhabitants in view; to fix or change the salary of the lieutenant-gevernor; to appropriate money for loans to municipalities, subject to certain conditions; to authorize municipal councils of the capitals of provinces and sub-provinces to fix the salaries of their appointive municipal officers at amounts in excess of those authorized, but not to be more than fifty per centum above those provided in the scale established by law; to exercise the power of eminent domain; and to permit, upon favorable recommendation by the Secretary of Commerce and Communications, and subject to such conditions as may protect properly the public interests, the construction and maintenance, for private use, of railways, conduits, and telephone lines across public thoroughfares, streets, roads, and other public property in the province: provided, that such construction and private use shall not prevent or obstruct the public use of such thoroughfares, streets, roads, or other public property, and that the permit granted shall at all times be subject to revocation by the Secretary of the Interior, if in the judgment of that official the public interest requires it.131 The Provincial Bludget.-The provincial treasurer being the chief fiscal officer of the province and the financial IIo Section 2102, Administrative Code of 1917. 131 Section 2106, Atinistrative Code of 1917, as amended by Act No. 2797.

Page  112 112 LOCAL GOVERNMENT IN THE PHILIPPINES adviser of the board, he furnishes the board with a basis for budget-making. On or before the fifteenth day of January of each fiscal year, he submits to the provincial board a certified detailed statement of all the receipts and expenditures pertaining to the preceding fiscal year. Immediately upon the receipt of this certified statement, the board proceeds to make a careful estimate of the revenues and receipts, and upon the basis of such estimated income, the board makes a detailed appropriation covering the estimated expenses for the year. The items provided for in the budget may be changed from time to time by the provincial board by making supplementary budgets.32 The Provincial Funds.-Each province is required to maintain various kinds of funds for certain specific purposes. One of them is the so-called road and bridge fund which is to be used exclusively for the repair and maintenance of roads and bridges, for providing and maintaining wharves, and for subsidizing or acquiring means of water transportation within the province. Another fund is the non-Christian inhabitants' fund, which is to be devoted exclusively to the welfare of the non-Christian tribes. The provincial board has authority to establish and maintain provincial schools and may appropriate money for one or two pensionados in Manila. It may also lend money to municipalities for school purposes, such a loan not to exceed twenty per cent. of the municipal funds deposited with the provincial treasurer. Surplus funds not lawfully set aside or reserved for some particular purposes are placed in the general funds of the provinces and are used for the payment of obligations not chargeable to other funds.'33 The Government of Sub-Provinces.-At the present '"2 Sections 2119-2120, Administrative Code of 1917. 133 Sections 2110, 2117, 2126, Ibid.

Page  113 THE PROVINCIAL GOVERNMENT 113 time, there are two sub-provinces in the regularly organized provinces: the sub-province of Catanduanes in the province of Albay and that of Siquijor in the province of Oriental Negros.'34 Each of these sub-provinces is under a lieutenant-governor elected by the qualified electors of the subprovince. To be eligible for election, he must possess the same qualifications required of all elective provincial officers. He must, in addition, be a resident of the sub-province at the time of election.135 Duties of the Lieutenant-Governor.-The lieutenant governor serves as the fourth member of the provincial board of the province to which he pertains, with the power to vote upon those matters that concern the sub-province. His attendance is not compulsory nor does his absence affect the quorum. In case of absence or temporay disability, his duties are performed by the provincial governor. He is the custodian of all public records of the subprovince. He exercises general supervision over the municipalities within his jurisdiction. In order to familiarize himself with conditions in the sub-province, he makes semi-annual inspections of the municipalities. At the end of each year, he submits to the provincial board a report concerning the economic, financial, and political conditions of the sub-province and makes such recommendations to the province as he thinks essential to the welfare of the sub-province. He also acts as the deputy of the provincial governor and performs within the sub-province all the duties required of the provincial governor.136 The Sub-Provincial Treasury.-The treasury of the sub-province is only a branch of the provincial treasury 134 Marinduque was made a regular province by Act No. 2880; Masbate, by Act No. 2934; and Romblon, by Act No. 2724. 1s5 Sections 2136-2137, Admixistrative Code of 1917. 136 Section 2138, Ibid.

Page  114 114 LOCAL GOVERNMENT IN THE PHILIPPINES and is placed in charge of the deputy of the provincial treasurer. The funds of the sub-province which are used exclusively for its own benefit consist of seventy per centum of all taxes, fines, and other revenues collected in it, the remaining thirty per centum accruing to the general funds of the province.137 137 Section 2141, Administrative Code of 1917.

Page  115 CHAPTER IX THE MUNICIPAL GOVERNMENT Organization of Municipilities.-Philippine municipalities are public corporations endowed with corporate powers exercised through their respective governments, but they can exercise only those powers (1) that are expressly granted; (2) that are fairly implied from the powers expressly granted; and (3) that are essential and indispensable to the purposes of the corporation. In spite of these limitations on their powers, they are enjoying some degree of autonomy, for they are given opportunity to manage their own affairs.'3' Municipal districts may be organized into municipalities, if their revenues are adequate to meet the needs of regularly organized municipalities and otherwise meet the conditions required by the Central Government. The corporate existence of the new municipalities begins upon the election of thef dent, the vice-president, and the majority of the councilors, unless some other time is fixed by law.'13 Classification of Municipalities.-Municipalities are divided' into four classes on the basis of population. Firstclass municipalities are those which have not less than 25,000 inhabitants; second-class, those which have between 18,000 and 25,000 inhabitants; third-class, those which 1IR Instrmctions of President McKinley to the Taft Commission, April 7, 1900, I, Public Laws, Philippine Islands, p. LXIII; Section 2165). Administrative Code of 1.917. '39 Section 2168, Administrative Code of 1917. 115

Page  116 116 LOCAL GOVERNMENT IN THE PHILIPPINES have between 10,000 and 18,000 inhabitants; and fourthclass, those which have less than 10,000 inhabitants. The number of inhabitants also determines the number of councilors each municipality is entitled to have. First-class municipalities are entitled to 18 councilors; second-class, to 14; third-class, to 10; and fourth-class, to eight.140 As the population of the municipality increases or decreases as shown by the census, it passes to the higher or lower class, upon the resolution of the provincial board to that effect, and the number of councilors increases or diminishes as the case may be. If the municipality passes to the next lower class, all the councilors in office hold their positions until their full terms expire; and if the class of the municipality is raised, the additional councilors shall be chosen at the regular election following the change.'41 An Act has been approved recently by the Philippine Legislature,142 reclassifying municipalities upon a more scientific basis of income or revenue as are the provinces 143 and at the same time reducing the number of councilors. The change is intended to serve as an incentive to municipal officials to increase the revenues of their respective municipalities in the first case; and in the second, to facilitate the transaction of business consequent upon the reduction of the number of councilors. Municipal Officials and their Qualifications.-The principal officers of the municipality are the president, the vice-president, the treasurer, and the councilors, all of whom-except the treasurer-are selected by the qualified voters of the municipality at the regular election.44 The 140 Section 2170, Administrative Code of 1917. 41 Section 2171, Ibid. 142 Act No. 3261. 143 Act No. 2829. 144 Section 2169, Administrative Code of 1917.

Page  117 THE MUNICIPAL GOVERNMENT 117 elective officers hold office for three years."5 Other officers of the municipality are the secretary, the justice of the peace, the chief of police, and the tenientes del barrio. All the elective municipal officers must be, at the time of the election, qualified voters in the municipality, and must have been residents therein for at least a year; they must be loyal to the United States and be at least twentythree years of age. They must also be able to read and write intelligently either Spanish, English, or the local language.'46 When an ineligible person carries an election and assumes his municipal duties, anyone has the right to report the matter to the municipal council which will make the necessary investigation. The officer will be given an opportunity to present his case. The council can declare the office vacant or can dismiss the proceedings according to the facts brought out at the investigation.147 Priests or ministers, soldiers in active service, persons receiving salaries from the provincial or the central government, and contractors for public works are debarred from being elected or appointed to any municipal office.14 Municipal officers are prohibited from holding any pecuniary interest, either direct or indirect, in any municipal contract or other municipal business, or in any business licensed by the municipality."' Vacancies in Municipal Office.-Where a vacancy in a municipal office is temporary, it is filled by appointment by the provincial governor with the approval of the provincial board. Where the vacancy is permanent, it is filled 145 Section 2177, Administrative Code of 1917. 146 Section 2174, Ibid. 147 Section 408, Ibid. 148 Section 2175, Ibid. 149 Section 2177, Ibid.

Page  118 118 LOCAL GOVERNMENT IN THE PHILIPPINES by appointment by the provincial board, except in case of a municipal president in which the permanent vacancy is filled by the vice-president. Where there is a failure of an election or where the officer-elect declines to qualify or dies before qualifying, discretion is given the Secretary of the Interior to have the successor appointed by the provincial board or elected at a special election called by the Governor-General.50 The policy adopted by the Department of the Interior in the filling of a vacancy, resulting from death or declination of a municipal officer-elect to qualify, is to have the vacancy filled by the provincial board subject to the condition that the person to be appointed belong to the party or faction with which the deceased or the person declining is affiliated. In case the vacancy is that of the municipal president, the vice-president, if militating on the side of the deceased's party or faction, is given preference. This policy is believed to be in consonance with democratic principles. The people have a right to expect that the substitutes of men elected by them but unable to qualify and assume office will be selected from the rank and file of the party or faction of the candidates elected by them in case there is any such party or faction in the locality. Cases relating to vacancies in municipal offices by reason of failure to elect are submitted to the Department of the Interior for decision.1"1 Duties of the Municipal President —The president is the chief executive of the municipality. His duties are: (1) to supervise the administration of local affairs; (2) to execute the laws and municipal ordinances; (3) to aid the provincial treasurer and his deputies in the collection of taxes; (4) to cooperate with the health officers in the 150 Section 2180, Administrative Code of 1917. 151 Letter of the Secretary of the Interior to the Chief, Executive Bureau, November 13, 1922.

Page  119 THE MUNICIPAL GOVERNMENT 119 enforcement of sanitary laws; (5) to issue orders for the maintenance of peace and the prevention of public calamities; (6) to preside at the meetings of the municipal council; (7) to recommend such measures as will promote the general welfare of the municipality; (8) to attend such conventions of the municipal presidents as may be called by the provincial board; (9) to execute deeds in behalf of the municipality, upon the resolution of the council; (10) to make a preliminary investigation in urgent criminal cases in the temporary absence of the justice of the peace; (11) to make a quarterly report of the condition of agriculture in his municipality; and (12) to make a quarterly inspection of the barrios and to submit a report of such inspection.1''t Powers of the Municipal President. —The municipal president is authorized to exercise the following powers: (1) to make arrests without warrant for offenses committed in his presence; 153 (2) to appoint all subordinate officers, except as otherwise provided, with the consent of the municipal council; and (3) to suspend for a period of ten days, pending investigation, any subordinate officer over whose position he has the power of appointment, and to discharge such officers if warranted by facts.'5' The Vice-President.-The vice-president is an ex officio member of the municipal council. He possesses all the rights and performs all the duties of any councilor. He acts as president in case the latter cannot perform his duties.'55 The Municipal Treasurer and His Duties.-The municipal treasurer, who is the financial adviser of the munici152 Sections 2194, 2196, 2197 and 2202, Administrative Code of 1917. 53 U. S. v. Fortaleza, (1909) 12 Phil. 472. r'4 Sections 2199 and 2201, Administrative Code of 1917. 55 Section 2204, Ibid.

Page  120 120 LOCAL GOVERNMENT IN THE PHILIPPINES pality, is appointed by the provincial treasurer in accordance with the civil service rules and has the same status as any civil service employee. He may, however, be removed from office by the provincial board for cause. 15 The dual system provided for the removal of this official is productive of evil results. The municipal treasurer, being a civil service employee and appointed by the provincial treasurer, should be removable only by the latter official in accordance with the civil service rules. The duties of the municipal treasurer are: (1) to act as the financial officer of the municipality and as ex officio deputy of the provincial treasurer; (2) to take care of certificates of titles issued in cadastral cases from the provincial register of deeds; (3) to collect and receive all money due to the municipality and all other Government revenues; (4) to issue official receipts for all money received by him in his capacity as treasurer; (5) to keep a complete account of the money passing through his hands; (6) to make all authorized payments; (7) to act as custodian of all municipal property in general; and (8) to draw all municipal requisitions.'" The municipal treasurer exercises the power to appoint all clerks and employees in his office, subject to the approval of the municipal council. This power to appoint carries with it the power to suspend and with the approval of the provincial treasurer, to remove anyone of them for cause.158 The books of the municipal treasurer are inspected from time to time by the district auditor in order to determine whether or not there is committed any irregularity in the administration of municipal funds. Upon the dis15. Section 2205, Administrative Code of 1917. 157 Section 2208, Ibid. 158 Section 2207, Ibid.

Page  121 THE MUNICIPAL GOVERNMENT 121 covery of a shortage of cash or any other irregularity, the auditor can seize the municipal treasurer's books, cash, and accounts, verify the cash so seized in the presence of two municipal councilors or any other municipal officers, suspend the treasurer in default, and take such action as may be warranted.159 The Municipal Secretary and His Duties.-The municipal secretary is one of the responsible officers of the muni. pal government. His position has greater importance than is ordinarily attached to it. Municipal records should be accurate and complete, for they constitute competent evidence of the proceedings of the local government. Records in the different municipalities of the Philippine Islands should be more systematically kept.100 The duties required of the municipal secretary are: (1) to act as custodian of municipal archives; (2) to attend the meetings of the council and to keep records of all its proceedings and other acts of the municipal government; (3) to keep an accurate record of deaths, births, and marriages; (4) to send at the end of each month certified copies of the civil register to the Division of Archives of the Philippine Library and Museum; (5) to preserve all the copies of the Official Gazette received by him during his term of office; and (6) to issue certified copies of all municipal records upon demand of any person and upon payment of fees.10 Besides the above-enumerated duties, he may be required to perform such other duties as may be prescribed by the council. The Municipal Councilor.-The municipal council as a whole represents the interest of the people of the munici159 Section 2210, Administrative Code of 1917. "Io Provincial Circular, Executive Bureau, dated November 7, 1917. 161 Sections 2212 and 2213, Administrative Code of 1917.

Page  122 122 LOCAL GOVERNMENT IN THE PHILIPPINES pality. Each councilor is supposed to bring to the attention of the council the peculiar needs of the barrio he represents. He exercises immediate supervision over the barrio committed to his care and sees to it that the barrio residents are kept informed of the acts and proceedings of the local government that directly concern them. He is charged with the duty of maintaining peace and order in his barrio and of informing the president of any event that would disturb the peace of his community. As such, he is clothed with the authority of a peace officer-the power to make arrest without warrant. In order that each councilor may perform his duties efficiently, he is empowered to appoint one lieutenant in each barrio under his supervision and a substitute lieutenant to discharge the duties of the lieutenant in case of the latter's inability to perform hid duties. This lieutenant and his substitute serve without compensation, but they are exempted from the payment of cedula tax during their terms of office.162 Their chief duty is to help the councilor in the performance of his duties toward the barrio.'0 Regular and Special Meetings of the Council.-The municipal council holds regular meetings every two weeks and such special meetings as the pressure of business may require, and which the president or any two members of the council may call. The council prescribes the time and place for holding the meetings. In the case of regular meetings, no other notice or call is needed than the by-law gives, as every member is supposed to know the time and place of meeting; but in case of special meetings, it is essential that each member of the council be given a written notice specifying the time and place of the meeting and 12 Act No. 3201. 163 Sections 2216-2219, Administrative Code of 1917.

Page  123 THE MUNICIPAL GOVERNMENT 123 the nature of the business to be transacted.'4 Such notice must be personally served upon every member, if practicable.165 The majority of the council elected constitutes a quorum to do business. The vice-president, however, cannot be counted as an elected member of the council in determining whether or not there is a quorum.'66 In the case of a lack of quorum because of the continued absence of the members, the council has the power to require by arrest the immediate attendance of any absent member who has failed to attend meetings. The council, moreover, is empowered to enact ordinances imposing fines upon its members for failure to attend the meetings of the council.107 All the meetings of the municipal council are held public, except such meetings as require secrecy; i.e., those considering votes on appointment. The council adopts its own rules of procedure and punishes its members for disorderly conduct. It may suspend, with the concurrence of twothirds of the members, or expel, with the approval of the provincial board, any member for cause.'68 The council keeps a complete record of its proceedings. The minutes of the meetings must clearly indicate the "ayes" and "nays" taken upon all ordinances and upon all propositions to create any liability against the municipality. The concurrence of the majority of the members present is sufficient for the passage of municipal ordinances, except 164 Section 2220, Administrative Code of 1917: 8 Cyc. p. 329 cited in Luna, Rufino: Provincial and Municipal Code, Annotated (Manila, 1922), p. 209. 165 Ibid.; Dillon, John F.: cited in Luna, Rufino: Provincial and Municipal Code Annotated (Manila, 1922), p. 209. 16e Op. Atty. Gen., November 18, 1909; section 2221, Administrative Code of 1917. 167 Op. Atty. Gen., February 7, 1913; Section 2221, Administrative Code of 1917. 168 Sections 2222-2223, Administrative Code of 1917.

Page  124 124 LOCAL GOVERNMENT IN THE PHILIPPINES as especially provided; but in the case of propositions creating municipal indebtedness, the affirmative vote of the majority of all the members of the council is necessary. This journal is signed by the presiding officer and the secretary.169 Municipal Ordinances and Resolutions.-The municipal council expresses through, and accomplishes its purposes by, ordinances and resolutions of its own enactment. But there is a sharp distinction between an ordinance and a resolution. According to Section 2227 of the Administrative Code (1917), the term ordinance applies to all "legislative acts passed by the municipal council in the exercise of its law-making authority." That which a municipality can accomplish by an ordinance cannot be accomplished by a mere order or resolution. All acts of the council of a permanent character are always embodied in ordinances, while those of a temporary character and those pertaining to ministerial duties are ordinarily embodied in resolutions. All municipal ordinances and resolutions must be fair and reasonable, or they will be pronounced invalid.'70. 169 Section 2224, Administrative Code of 1917. 170 Vide ch. xvi, The Legal position of our Local Communitics, tnfra. "Ordinance defined.-Local laws of a municipal corporation, duly enacted by the proper authorities, prescribing general, uniform and permanent rules of conduct, relating to the corporate affairs of the municipality, are, in this country, generally designated as ordinances." —McQuillin, Eugene: Law of Municipal Ordinances (Chicago, 1904), p. 2. "Difference between ordinance and resolution.-As the terms are ordinarily used in charters, there is a distinction between an ordinance and a resolution. The corporation cannot accomplish by an order or resolution that which, under its charter, can be done only by an ordinance. Whether the particular thing should be done by ordinance or resolution depends upon the proper construction of the charter and the forms observed in doing the act. An ordinance prescribes a permanent rule of conduct or government, while a resolution

Page  125 THE MUNICIPAL GOVERNMENT 125 Ordinances and resolutions passed by the council are approved and signed by the president. If he thinks that any such ordinance is prejudicial to public welfare, he may veto it; and in this case he returns it to the council with his veto. If the council, however, repasses it by a twothirds vote, it becomes a law without his approval.7" The Taking Effect of Ordinances.-Every ordinance goes into effect on the tenth day after its passage, unless it provides that it shall take effect at an earlier or a later date. The ordinance, on the day after its passage, is given publicity by posting it at the main entrance of the municipal building.'7" If necessary and advisable, the council may require the secretary to translate the ordinance into the native language and to post it in every conspicuous place in the town for the information of the people. Copies of these ordinances and resolutions are to be forwarded within thirtysix hours after its passage to the provincial board which passes on their legality. If the board deems that any ordinance or resolution is beyond the powers given to the municipal council, it can declare such an ordinance invalid. The council, however, can appeal to the Chief of the Executive Bureau for final decision, either to reverse or affirm the action of the provincial board. In the meantime, that ordinance-pending the decision on appeal-has no force or effect. is of a temporary character only. It may be stated as a general rule that, matters upon which the municipal corporation desires to legislate must be put in the form of an ordinance, while all acts that are done in its ministerial capacity and for a temporary purpose may be put in the form of resolutions."-Me Quillin. Eugene: Law of Mnnicipal Ordinances (Chicago, 1904), p. 4; Dillon, John F.: Commentaries on the Law of Municipal Corporations, (5 vols. Boston, 1911), II p. 927 U. S. v. Abendan, (1913) 24 PhiL 165. 171 Sections 2227-2229, Administrative Code of 1917. 127 Section 2230, Ibid.

Page  126 126 LOCAL GOVERNMENT IN THE PHILIPPINES Void or suspended resolutions, ordinances, or orders cannot be enforced; and any attempt to do so is sufficient ground for the dismissal of the officer attempting to enforce it.178 Mandatory Legislative Powers of the Council.l74 These powers are: (1) to fix the salaries of all municipal officers and employees, except the treasurer and teachers in the public schools, and to provide for such expenditures as are necessary in the proper conduct of the lawful activities of the various branches of the municipal government; (2) to provide a municipal building adequate for the municipal offices, and other buildings required for municipal uses, including schoolhouses; (3) to provide for the levy and collection of municipal taxes and for the collection of all fees and charges constituting lalwful sources of municipal revenue or income; (4) to establish and maintain an efficient police department and an adequate municipal jail or prison; (5) to regulate the construction, care, and use of streets, sidewalks, canals, wharves, and piers in the municipality, and to prevent and remove obstacles and any encroachment thereon; (6) to construct and keep in repair bridges and viaducts, and to regulate their use; (7) to regulate the selling, giving away, or dispensing of intoxicating, malt, vinous, mixed, or fermented liquors at retail; (8) to declare and abate nuisances; (9)' to restrain riots, disturbances, and disorderly assemblages; (10) to prohibit and penalize intoxication, fighting, gambling, mendicancy, prostitution, the keeping of disorderly houses, and other classes of disorderly conduct or disturbance of the public peace; (11) to provide for the punishment and suppression of vagrancy and the punishment of any person found within the town 173 Sections 2231, 2232 and 2237, Administrative Code of 1917. 174 Vide ch. xvi, The Legal Position of our Local Communities infra.

Page  127 THE MUNICIPAL GOVERNMENT 127 without legitimate business or visible means of support; (12) to suppress and penalize cruelty to animals; (13) to prohibit the throwing or depositing of filth, garbage, or other offensive matter in any street, alley, park, or public square; to provide for the suitable collection and disposition of such matter and for cleaning and keeping clean the streets, alleys, parks, and other public places of the municipality; (14) to regulate the keeping'and use of animals, in so far as they affect the public health and the health of domestic animals; (15) to require any land or building, which is in an unsanitary condition, to be cleansed at the expense of the owner or tenant; and, upon failure to comply with such an order, to have the work done and to assess the expenses, upon the land or building; (16) to construct and keep in repair public drains, sewers, and cesspools, and to regulate the construction and use of private water-closets, privies, sewers, drains and cesspools; (17) to establish or authorize the establishment of slaughter-houses and markets, and to inspect and regulate their use; (18) to provide for and regulate the inspection of meat, fruits, poultry, milk, fish, vegetables, and all other articles of food; and (19) to adopt such other measures, including internal quarantine regulations, as may from time to time be deemed desirable or necessary to prevent the introduction and spread of disease.l75 Discretionary Legislative Powers of the Council.76 — These powers are: (1) to suspend or remove, for cause, officers or employees appointed by the president, with twothirds of all the members of the council concurring; (2) to make provision for the care of the poor, the sick, and the mentally unsound; (3) to establish fire limits in populous 175 Section 2242, Administrative Codu of 1917. 17s Vide ch. xvi, The Legal Position of our Local Communities infra.

Page  128 128 LOCAL GOVERNMENT IN THE PHILIPPINES centers, prescribe the kinds of buildings that may be constructed within them, and issue permits for the erection thereof; (4) to provide for the numbering of houses and lots; the naming of streets, avenues, and other public places and, subject to the approval of the provincial board, the changing of the names thereof; and for the lighting and sprinkling of streets; (5) to establish and maintain municipal roads, streets, alleys, sidewalks, plazas, parks, playgrounds, levees, and canals; (6) to supply a suitable building for a post-office and provide for the collection and delivery of mail, when it is impracticable for the Bureau of Posts to make provision for these matters; (7) to regulate the keeping of dogs, and authorize their killing or impounding when they are found at large contrary to the ordinances; (8) to require the owners of sheep, goats, swine, or large cattle to keep such animals from moving, running, or being at large, except when in charge of some person of sufficient discretion; (9) to regulate cockpits, cockfighting, and the keeping or training of fightingcocks, or to prohibit either; (10) to regulate garages and stables and the keeping of carriages, carts, and other conveyances for hire; and to designate stands to be occupied by public vehicles when not in use; (11) to regulate cafes, restaurants, hotels, inns, and lodging-houses; (12) to regulate or prohibit public dancing-schools, public dance-halls, and horseraces; (13) to regulate public billiard-tables or billiardrooms, theatrical performances, and circuses; (14) to regulate the establishment and provide for the inspection of steam boilers within the municipality; (15) to regulate the use of water-courses within the municipality; (16) to provide for the impounding of animals found at large contrary to law or ordinance and for the sale of such animals in satisfaction of poundage fees or any penalty incurred and the cost of proceedings, or for such other disposition

Page  129 THE MUNICIPAL GOVERNMENT 129 thereof as may be sanctioned by law; (17) to regulate any business or occupation subject to a municipal license tax and to prescribe the conditions under which municipal licenses may be revoked; (18) to regulate and fix the license fees for signs, signboards and billboards displayed or maintained in any place exposed to public view, except those displayed at.the place or places where the profession or business advertised thereby is in whole or part conducted; and (19) to empower the municipal president to grant, subject to the requirements of the service, to any appointed municipal officer or employee, including the secretary, after at least one year of continuous, faithful, and satisfactory service, twelve days' vacation leave of absence with full salary, which must be taken during the year in which it was earned.'77 General Welfare Clause.-One of the most important legislative powers granted to local governments is the police power, commonly called by law writers as the generalwelfare clause, to enact such ordinances and make such regulations, not repugnant to law, as may be necessary to carry into effect and discharge the powers and duties conferred by law and such as shall seem necessary and proper to provide for the health and safety, promote the prosperity, improve the morals, peace, good order, comfort, and convenience of the locality and its inhabitants; and, for the protection of property therein.'7 The Police Force.-The police force in each municipality is composed of the chief of police and such number of policemen as the council may determine with the approval of the provincial board. Members of the police force are appointed from the municipal list of eligibles if persons 177 Section 2243, Administrative Code of 1917, as amended by Act No. 3087. 178 Section 2238, Administrative Code of 1.917; Vide, The Legal Position of our Local Communities, ch. xvi, infra.

Page  130 130 LOCAL GOVERNMENT IN THE PHILIPPINES are found on the said list who are willing to serve in the force; otherwise, from the general list. The chief of police, the commanding officer of the force, is responsible for its efficiency and discipline. He instructs all the members of his force in all their duties and assigns them their respective daily patrol routes. He is directly responsible to the municipal president for the preservation of peace and order within his municipality; and he, therefore, takes all lawful means to prevent crimes, detect, and arrest offenders. The members of the police force are the peace officers of the town; and as such, they are vested with the general powers of arrest and seizure according to law. They are required to be always vigilant for any offense that would endanger the peace, life, and prosperity of the inhabitants of the community. The Chief of Constabulary exercises general supervision over the municipal police force. For this purpose, he issues rules and regulations for the discipline and inspection of the municipal police, subject to the approval of the Secretary of the Interior. These rules may be supplemented by the municipal council for the government of the local force.179 The reorganization of the municipal police force by raising the standard requirements, increasing the compensation, and providing, among other things, for a pension system to attract to the service better men, is one of the crying needs of our local governments. An armed local force is properly placed on the basis of security of tenure of office. Upon its stability depends its efficiency as an organization. Fire Department.-In municipalities having no fire de179 Sections 2258-2276, Administrative Code of 1917. For the duties required of the policemen, see Municipal Police Manual.

Page  131 THE MUNICIPAL GOVERNMENT 131 partment the policemen act as firemen. Each municipality shall provide equipment and apparatus for protection against fire. The municipal council may provide for the enrollment and training of auxiliary volunteer fireinen among the able-bodied male residents of the municipality. The municipal president and chief of police are authorized to call upon any able-bodied citizen, inhabitant, or sojourner within the municipality, to aid in extinguishing fire.180 Municipal Schools.-Each municipality is required to make adequate provisions for primary schools which are to be conducted in accordance with the provisions of the School Law. The council may establish and maintain intermediate, secondary, or professional schools after adequate provisions for primary education have been made. The municipal council is also authorized to establish a night school, if one hundred students at least petition the council for its creation. The municipal council may also help two deserving resident students of the municipality, while they are undergoing training at any public high school for positions as public school teachers in the municipality. These municipal "pensionados" must be those whose parents are not in a position to meet the school expenses. This municipal support, however, cannot exceed twenty pesos a month for each of them.181 Today one of the most pressing problems of our local governments is that of adequately providing for the education of all children of school age. Municipal School Fund.-There is required to be maintained in the treasury of every municipality a special fund known as the school fund, into which is paid all money accruing thereto by law or by appropriation from the iA~ Sections 2277-2281, Administrative Code of 1917. 181 Sections 2249-2257, Ibid.

Page  132 132 LOCAL GOVERNMENT IN THE PHILIPPINES municipal general fund. The school fund is available exclusively for the maintenance of free public schools, including the construction, repair, and equipment of school buildings, the purchase of land, the payment of teachers, and other lawful school purposes. The maintenance of schools in our municipalities, the increase of sources of revenue, and the concession of greater powers to our local governments, are matters which will be treated elsewhere and need not be touched upon at the present time.'12 Municipal Revenue.-The law lays down certain fundamental principles governing municipal taxation; namely, (a) that taxation shall be derived from such sources only as are expressly authorized by law; (b) that taxation shall be just and in each municipality uniform; (c) that no import or export tax shall be levied upon goods and merchandise carried from one municipality to another; (d) that the collection of municipal taxes shall not be let to any person; and (e) that municipal funds shall be devoted exclusively to local public purposes.183 The municipal treasurer is the custodian of all municipal funds. All money in a municipal treasury, which is not lawfully dedicated, reserved, or appropriated to some particular use, shall constitute the general fund, and be available for use or expenditure for municipal purposes according to law.184 A municipal council has authority to impose taxes upon persons engaged in business or exercising privilege in the municipality by requiring them to procure licenses at rates fixed by an ordinance of the council.'85 Following the doctrine which underlies the system, the objects of taxation are specifically enumerated, and the council is without 1s82 Section 2292, Administrative Code of 1917. 183 Sections 2287-2288, Ibid. 184 Sections 2290-2291, Ibid. 185 Section 2307, Ibid.

Page  133 THE MUNICIPAL GOVERNMENT 138 authority to impose taxes except those specifically mentioned. Local taxation is the gravest and most complicated municipal problem in the Philippines. Upon the satisfactory solution of this vital issue depends the solution of many other problems, like the construction of local public improvements, the establishment and maintenance of municipal schools, and the total emancipation of our municipalities from the economic tutelage of the Insular Government.'86 Civil remedies for collection of municipal revenue are provided.'87 Municipal Budget. ---On or before the fifteenth day of January of each year, the municipal treasurer is required to present to the municipal council a certified and detailed statement of all municipal receipts and expenditures pertaining to the preceding year; and upon receipt of that statement, that council makes an estimate of the probable income of the municipality for the current year and upon this basis proceeds to make appropriations for that twelvemonth. This appropriation is called the municipal budget which is submitted to the provincial treasurer for approval. Allotment for school purposes must bear the approval of the division superintendent of schools. In case of disagreement between the municipal council and the division superintendent of schools, appeal is made to the provincial board whose decision is final.188 The provincial treasurer may disapprove one or more items of expenditure in the budget upon the ground that they are illegal or inadvisable. This disapproval is subject to appeal by the council to the provincial board whose decision is binding.'89 There is a 186 Vide ch.xvii infra, What Should be the Relations between the Central Government and our Local Governments in General. 187 Sections 2302-2306, Administrative Code of 1917. 'se Sections 2295-2296, Ibid. 389 Section 2297, Ibid.

Page  134 134 LOCAL GOVERNMENT IN THE PHILIPPINES limitation upon the amount expendable for salaries and upon disbursements.1~0 Public Utilities and Fisheries.-A municipality is given power to conduct certain public utilities like waterworks, ferries, wharves, markets, and cemeteries; and the council may let the privilege of establishing and maintaining such utilities to private parties. A municipal council may grant the exclusive privilege of fishery within municipal waters and otherwise regulate fishing in such waters.191. 190 Sections 2299-2301, Administrative Code of 1917. 191 Sections 2317-2324, Ibid.

Page  135 CHAPTER X CHARTERED CITIES Manila and Baguio only Chartered Cities.-The cities of Manila and Baguio are the only chartered cities in the Philippines. The organization of their governments and the management of their affairs differ from those of our municipalities; for unlike our municipalities which are organized and governed under the provisions of the Municipal Law, they were created by special acts of the Legislature and are governed by their respective charters. These charters define their prerogatives and the sphere of their activities. The History of the City of Manila.-The city government of Manila was set in operation on June 24, 1571; and the title under which it was designated was "The celebrated and ever loyal city of Manila" because of the unswerving faith of the inhabitants in the sovereignty of the King of Spain, Don Felipe II. In 1595, this government was then under the direct supervision and control of Governor Legazpi who, one year later, established a highly centralized form of government patterned after the feudal system of Europe. Manila at that time was but a mere district, not a city or a principality, as had been thought of by historians when Raja Soliman was the chieftain of Manila. Lagazpi divided the Philippine Archipelago into districts to each of which he assigned a Spaniard whom he believed was entitled to credit for the services rendered to the King's army. These appointees were later designated as the Alcaldes Mayores and Corregidores to act as magistrates and governors in the provinces, and thereby exercised both the 135

Page  136 136 LOCAL GOVERNMENT IN THE PHILIPPINES judicial and the administrative powers with the assistance of their respective subordinates, the encomenderos.292 Legazpi, in organizing the city government, appointed two judges, twelve aldermen, and several other officers.'!' These officers were under the direct supervision and control of the Central Government, particularly of the Governor. The same centralized control and supervision were inaugurated by the succeeding governors, so much so that the people of Manila protested and the King, in compliance with their protest, established the Audiencia, a sort of a cabinet with judiciary powers, as a check to the Governor. An attempt at the system of "checks and balances" was carried out. However, in the long run the Audiencia could not subjugate the Governor so as to force him to 192 Vide-Spanish Period: Local Government prior to the 3Ma-nra Law, ch. iii, supra. Facts from Manila in 1842 by Cor. Charles Wilkes, U. S. N. Also from researches made in the case of Vilas v. Manila. d?cided by the Supreme Court U. S., (1911) 220 U. S., 345; 55 L. Ed. 491; 42 Phil. 953; Montero y Vidal's Historia General de Filipinas (Madrid, 1887), I. pp. 42-43. 193 Vide ch. iii, supra; Fernandez, Leandro H.: Researches in Philippine History, p. 51. Foundation of the City of Manila.-"I, Hernando Riquel, Notaryin-chief and governmental notary for his Majesty in these islands of the West, do hereby certify most solemnly, to whomsoever shall see this present, that the most illustrious Miguel Lopez de Legazpi. governor and captain-general in these said islands, gave the title of the city to this colony of Manila, on the third day of the month of June of the past year seventy-one; and on the twenty fourth day of the same month and year, which was St. John's day, he appointed two alcaldes in ordinary, one alguacil mayor, and twelve regidores; and on the day following he appointed one notary for the cabildo and two notaries public for the court of the said alcaldos, as is set forth in greater detail, and appears by the list of the said appointments, which are in my possession. Therefore, that this might be manifest, I have been ordered by the aforesaid governor to draw up the present document; which is done in the said city of Manila, on the nineteenth day of the month of June, in the year one thousand five hundred and seventy-two." Blair and Robertson: The Philippine Islands, III, pp. 173-174.

Page  137 CHARTERED CITIES 137 abandon part of his prerogatives in favor of the Alcaldes Mayores and Corregidoaes. The result was that a still more centralized form of government was thus maintained with the Governors as the supreme civil, and the Archbishops as the supreme ecclesiastical authorities. 194 Twenty-four years later (1595) after the need for local administration, distinct from the central, was keenly felt, the Charter of the City of Manila was drafted by the Cortes in Spain at the instance of the residents of Manila; and this same Charter was confirmed by Royal authority with the Governor as the official representative of the King in the exercise of his Royal prerogatives over the city, subject however to the instructions and orders coming directly from the Council of the Indies in Spain. This same Charter established a city government almost similar in its organization to the one already in existence since 1571. Thus, the city government exercised very limited powers. But in 1638, the same prerogatives that were enjoyed by the autonomous city governments of Spain were extended by authority of the King. The city magistrates were then placed in rank next below the judges; that is, the aldermen performed the functions of chiefs of the city executive departments on account of the division of labor that was then adopted to facilitate the administration of justice. The two judges or magistrates corresponded to the Praetors under the Roman system of administration; and the twelve aldermen, to the curia who could be Summoned by the judges (taking the place of chief executives) for some important legislative purposes.195 1'4 Cunningham, Charles Henry: The Audiencia of the Spanish Colonies (Berkeley, 1919), IX, p. 95. 195 Hume, Martin Andrew Sharp: The Spanish People (New York, 1901), p. 29; Merriman, Roger Bigelow: The Rise of the Spanish Empire (New York, 1918), I, p. 49; Cunningham, Charles Henry: The Audiencia of the Spanish Colonies (Berkeley, 1919), IX, pp. 80-100.

Page  138 138 LOCAL GOVERNMENT IN THE PHILIPPINES Succeeding governors brought about transformations in the details of the organization, so much so that the "Ever loyal City" was later called the "Ayuntamiento de Manila", and thereby made it a separate entity under a distinct jurisdiction from that of the province. Manila, up to about the middle of the nineteenth century, formed a part of the ancient province of Tondo. This province included almost the whole of what is now Rizal. In 1859 a decree was issued establishing a civil government for the Province of Manila. With this decree what formally was Tondo became the province of Manila. According to this decree, the civil governor was also Corregidor of the city. From time to time there was a reorganization of the City Government and on January 19, 1894, there was a reorganization by a Royal decree of that date. On August 13, 1898, the city was occupied by the forces of the United States Government and its affairs were conducted by the military authorities. With the establishment of civil government, the old Province of Manila was abolished, and some of the towns which belonged to it were given to the newly created province of Rizal. To the city of Manila was given on August 7, 1901, a charter, Act No. 183 of the Philippine Commission. 196 Incorporation of the City of Manila under Act 183. — The City of Manila was incorporated by virtue of Act 183, which was passed by the Philippine Commission on July 31, 1901. Brigadier-General George W. Davis, the last provost-marshall of Manila, assisted very prominently in the preparation of the Charter. He drafted a charter from which many provisions were taken bodily into the Charter which was passed. The Charter followed closely in its general lines the plan of legislation by which the City of Washington, D. C., is governed.17 Instead of requiring the 196 Philippine Census, (1903), I; (1918), I. 197 Report of the Philippine Commission (1900-1901) p. 28.

Page  139 CHARTERED CITIES 189 Insular Government to pay one-half of the expenses of the City-the proportion paid for Washington by the Federal Government-the proportion was reduced to three-tenths. The Charter went into effect on August 7, 1901. Government of the City of Manila under Act 183.Like the City of Washington, D. C., its prototype, which is governed not by a single executive head, but by three commissioners appointed by the President of the United States, with the consent of the Senate, the government of the City was vested in the Municipal Board composed of three members appointed by the Civil Governor by and with the consent of the Commission. One member of the Board was the president who presided over its meetings. He was given the power to sign all ordinances, bonds, contracts, obligations, made or authorized by the Board, and to issue such orders and instructions as were necessary in carrying out the policies of the Board. Each member of the Board was required to file a bond of ten thousand pesos with the Insular Treasurer. There was a secretary who was appointed like the members, with the proviso that his successors were to be appointed by the Board under the Civil Service Act. The Board possessed the legislative powers provided for in the Charter. It was also endowed with executive authority, to be exercised through the different departments into which the City Government was organized; viz., Department of Engineering and Public Works, Police Department, Law Department, Fire and Building Inspection Department, and Assessment and Collectiori Department. The functions of the latter department, however, were at the time performed by the Collector of Internal Revenue as ex officio City Assessor and Collector. 98 Officers and employees were first appointed by the Ci198 Section 1422, Administrative Code of 1917.

Page  140 140 LOCAL GOVERNMENT IN TIE PHILIPPINES vil Governor and later by the Board under the Civil Service Law. The Board exercised general supervision over these departments and had the power to examine all official books and the papers of all officers at least once a year. Under this Act, the people of the City of Manila were given only a little share in the administration of their affairs, for the members of the Board and other responsible officers were responsible to the Governor-General and the Commission. The chief reason for having a board composed of appointive members was the cosmopolitan character of the population of the city. 199 In addition to the Municipal Board, there was created an Advisory Board composed of one representative from each of the districts into which the City of Manila was divided under the Spanish Government. At first, it was composed of eleven members; but with the creation of the districts of Santa Ana and Pandacan, the number was increased to 13 under Act 447 (August, 1902). The members of the advisory body were appointed by the Governor-General with the consent of the Commission. It was the duty of this body to bring to the attention of the Municipal Board the special needs of the city and its inhabitants. The Municipal Board could pass any ordinance fixing license fees or incurring a liability of $10,000 (p20,000) without first submitting the proposed ordinance to the Advisory Board. The primary object of having this Advisory Board was to give the residents and tax-payers of each of the thirteen districts a share in the affairs of the city. It was also hoped that it would greatly help the Municipal Board in the development of the city. These expectations were not realized; for as the Commission puts it, "instead of an aid in 199 Report of the Philippie Commission (1900-1903), p. 53.

Page  141 CHARTERED CITIES 141 the development and improvement of the city, it turned out to be something of an obstruction and a hindrance." 200 From the very beginning, the attitude of the advisory body had been one of opposition to the Municipal Board; and consequently there was a constant friction between the two bodies. The counsels and suggestions of the advisory body were sought as a mere formality because the law so required. They were adopted if they were in accord with the wishes of the municipal council; if not, they were sure to go the "way of unwelcome advice." Reorganization Under Act 1869.-The situation in the City Hall then showed the necessity of reorganization in the government of the City of Manila. In the closing hours of the special session of the Philippine Legislature, the Assembly introduced a bill providing for the election of members of the Board, and thus radically changed the original charter. This bill, however, failed to meet the approval of the Commission; and instead, a bill abolishing the advisory board was prepared. This proposed measure further provided the election by the people from each assembly district of one representative to the Municipal Board. But a substitute measure was prepared. The Municipal Board, as constituted by the substitute measure, was to consist of three appointive members, one ex officio member (the city engineer, and two elective members to be chosen from each assembly district, with the power in the Governor-,General to appoint a seventh member to break a tie. This bill became a law on July 1, 1908. Thus the reorganization of the city government was accomplished without any radical change of the Charter, yet it was bitterly attacked by many persons "as a surren200 Report of the Philippine Commission (1908), Part I, p. 103.

Page  142 142 LOCAL GOVERNMENT IN THE PHILIPPINES der of the city to demagogues"; but the test of actual experience failed to justify this criticism.201 The first election was held on August 11, 1908, and it resulted in the election of one candidate who immediately took the oath of office and of one who was not qualified. The vacancy was filled by the Governor-General in the manner provided by law. Present Government of the City of Manila.-The present government of the City of Manila is provided for in its Charter, which is embodied in Chapter 60 of the Administrative Code of 1917. The City is divided into fourteen districts for administrative purposes. It is governed by the Mayor and the Municipal Board. The City Government is divided into six departments; namely, (1) Department of Engineering and Public Works, (2) Police Department, (3) Law Department, (4) Fire Department, (5) Department of Finance, and (6) Department of Assessment. The last two departments were created in 1921 under Act 2991 which amends the Charter of the City of Manila. At the head of each department is a chief appointed by the Governor-General, subject to the confirmation of the Senate. The department chiefs are directly responsible to the Mayor for the efficiency and proper working of their departments. The tenure of office is indefinite. The Bureau of Education has control over the City public schools through the City Superintendent of Schools, and the Philippine Health Service has general control of health and sanitary conditions in the City. The Insular Auditor formerly was the ex officio auditor of the City and the Insular Treasurer the ex officio treasurer. The Mayor.-The Mayor is appointed by the GovernorGeneral with the consent of the Philippine Senate. He 201 Report of the Philippine Commission, (1908) p. 104.

Page  143 CHARTERED CITIES 143 is the chief executive of the City and exercises general supervision over the executive departments of the City government, subject to the authority and supervision of the Secretary of the Interior. He has the power to appoint one secretary who is in charge of all records and documents of the City. The Mayor is required to observe the following duties: (1) to see to it that the laws, ordinances, and resolutions in force in the City are faithfully executed; (2) to safeguard the properties of the City of Manila; (3) to see to it that City taxes are collected and properly appropriated; (4) to order judicial proceedings to recover property and to defend the interests of the City; (5) to supervise the executive officers and employees in the discharge of their duties; (6) to examine the books, records, and papers of all officers and employees; (7) to recommend such measures that will further the interests and welfare of the City of Manila; (8) to represent the City in all business transactions; (9) to submit a budget to the Municipal Board in order to provide a basis for the appropriation of the coming year; (10) to submit to the Department of the Interior an annual report covering the work of the City government; and (11) to perform such other duties as may be required of him. In the event of the sickness, absence or other temporary incapacity of the Mayor, or in the event of a permanent vacancy in the position of Mayor, the City Engineer performs the duties of the Mayor until the said office is filled, in accordance with law. If, for any reason, the City Engineer is temporarily unable to perform the duties of the office of Mayor, or the said office of City Engineer is vacant, the duties of the Mayor are performed by the City Treasurer. The Acting Mayor has the same powers and duties as the Mayor, and receives the same compensation. 2oa 202 Act No. 3121.

Page  144 144 LOCAL GOVERNMENT IN THIE PHILIPPINES Composition of the Municipal Board.-The Municipal Board, the legislative body of the City, is composed of ten members elected at large from the entire City. The ten candidates who receive the highest number of votes are declared elected. In case of a tie for the tenth place, the Governor-General designates the one to be declared elected. The councilors hold office for three years, or until their successors are elected. Every year the Board elects among its members a president to preside over the meetings of the Board for one year. He signs all ordinances and resolutions and all motions directing the payment of money or creating a liability approved by the Board. He receives a per diem allowance of forty pesos and the other members of the Board each receives twenty-five pesos for each day of attendance at a session of the Board.203 In order to be eligible for election to the Board, the candidate must be a qualified elector, at least 23 years of age, and a resident of the City for at least one year. Meetings of the Board.-The Board holds regular meetings twice a week and such special meetings, not exceeding thirty in any one year, as may be called by the Mayor. The meetings are open to be public unless ordered to be behind closed doors by seven affirmative votes of the members. Six members constitute a quorum for the transaction of business and the passage of any law, ordinance, or resolution requires the affirmative vote of six members. In case of resolutions or ordinances involving the payment of money from the City treasury or those creating City liability, the ayes and nayes are recorded. The proceedings of the Board arb recorded by the secretary elected by the members. He attends to the publication of the proposed and enacted ordinances. 203 Section 6, Act No. 2774.

Page  145 CHARTERED CITIES 145 Each ordinance passed by the Board is forwarded to the Mayor for signature. Within ten days after his receipt of the ordinance, he returns it to the Board with either his approval or veto. If he does not return it within that time, the ordinance is considered approved. If he vetoes it, seven affirmative votes of the Board may reenact it. It is then sent to the Mayor for approval. If he vetoes it for the second time, it is forwarded to the Governor-General for final decision. In case of an appropriation ordinance, the Mayor has the power to veto any items of the ordinance; but his veto does not affect the other items to which he offers no objections. Each ordinance enacted is sealed, signed by the president of the Board and the secretary, and published in two daily papers in the City of Manila. Powers and Duties of the Board.-One of the most important powers of the Board is to make an annual appropriation for the expenses of the City of Manila. If the Board fails to agree on the budget for the ensuing year, the appropriation for the preceding year is automatically reenacted and it goes into effect on the first day of January of the new fiscal year. Some of the most important legislative powers exercised by the Board are: (1) to provide for the levy and collection of taxes in the City of Manila for general and special purposes; (2) to provide for the maintenance of free public schools for primary instruction; (3) to provide intermediate, secondary, and professional schools; and to charge tuition fees for instruction therein, with the approval of the Director of the Bureau of Education; (4) to maintain police courts; (5) to establish fire-limits; (6) to regulate, license, fix the amount of the license fee, and prescribe the manner and time of revoking licenses for haw

Page  146 146 LOCAL GOVERNMENT IN THE PHILIPPINES kers, peddlers, auctioneers, public vehicles, bowling alleys, cafes, restaurants; (7) to tax, license, and regulate the establishment of match factories, blacksmith-shops, cockfighting; (8) to establish and maintain city pounds; (9) to maintain the water and transportation system; (10) to maintain waterworks for the supply of water to Manila; (11) to provide and maintain public drains, sewers, and cesspools, and (12) to adopt all measures for the proper sanitation, safety, and general welfare of the city. The City of Manila, unlike the municipalities in regularly organized provinces, can levy, through its Municipal Board, special assessments upon abutting or other property especially benefited by the permanent improvements undertaken by it, such as sidewalks, streets, alleys, public avenues, parks, bridges, plazas, and other improvements. Functions of the Six Departments.-The Department of Engineering and Public Works is under the City Engineer. The department is in charge of all the surveying and engineering works of the City, and of all its public improvements. The City Engineer is assisted by assistant engineers and a superintendent. The Police Department is in charge of the maintenance of peace and public order in the City of Manila. The department includes the Chief of Police, who is in charge of the organization, discipline, and disposition of the City police; the Assistant Chief who acts as chief of police in the absence of the latter; and the Chief of the Secret Service who, under the Chief of Police, is in charge of the detective work of the City. The Legal Department consists of the City Fiscal and his assistants. The City Fiscal is the legal adviser of the City and the representative of the City of Manila in all cases to which it is a party.

Page  147 CHARTERED CITIES 147 The Fire Department is in charge of all means and devices for the protection of the City from conflagration. It supervises the City telegraph and telephone and firealarm services, the installation of all electrical connections, and the manufacture of gas, gunpowder, and other combustible materials and explosives. The Assessment Department takes care of the assessment of real property in the City of Manila. The Finance Department is in charge of the collection of taxes, the issue and purchase of all supplies and equipment required by the City, and of the sale of forfeited realestate property. Insular Aid for the City of Manila.-Before the year 1923, the City of Manila used to receive from the Insular Government the sum of P1,000,000 as Insular aid; but since that year the aid has been suppressed, and instead, in each annual Appropriation Act a rental of P50,000 for the Ayuntamiento Building has been provided. The City of Baguio-The first Spaniard to visit Baguio is believed to be Guillermo Galvez who in 1829 led an expedition into the mountain country and succeeded in reaching the Trinidad valley. Baguio proper, to the end of the Spanish rule, was nothing but a small Igorot rancheria. The only government officials of any importance residing there were a Spanish vaccinator and an Ilocano directorcillo. The City of Baguio was chartered under Act 1963 which was enacted in August, 1909. On the establishment of civil government in the Philippines, Baguio was organized under the Township Law until August, 1909, when Act 1963 was passed; and this measure incorporated it under the name of the City of Baguio. In 1916 there was a revision of the political laws of the Philippines, and the Charter of the City of Baguio of 1909

Page  148 148 LOCAL GOVERNMENT IN THE PHILIPPINES was revised. The present law governing the City of Baguio is Chapter 61 of the Administrative Code of 1917. The government of the City of Baguio is patterned after the government of the City of Manila. The positions of the Mayor and the City Engineer were merged in one person. This change makes the City of Ba*guio resemble in a way the city-manager plan which prevails in several cities in the United States. One decided advantage of this merger is that the Mayor is enabled to execute all important projects in a faster and more practical way. The City of Baguio is governed by the Mayor and a city council. The Mayor who, at the same time is the City Engineer, as stated above, is appointed by the Governor-General with the advice and consent of the Philippine Senate. The council is composed of the Mayor, the ViceMayor, and three other members, two of whom are elected in conformity with the provisions of the Election Law. There is also what is known as the Igorot Advisory Council composed of five Igorots, whose main function is to advise the City Council on matters affecting the non-Christian inhabitants of the City. Besides the officials named above, there is also provided in the Charter of the City of Baguio the positions of health officer, city secretary, chief of police, city treasurer, and city assessor. The powers and duties of these officials are similar or analogous to those of corresponding officials of the City of Manila and are likewise specified with some prolixity in the charter. A General City Laov Should be Adopted.-Besides Manila and Baguio, there are other localities which are entitled to recognition as cities, like Cebu and Iloilo. A general city law should be adopted and thereby enable all such first-class towns, which are commercial and metropolitan centers, as meet the requirements to be laid down to become cities. Special charters are special legislative favors which

Page  149 CHARTERED CITIES 149 are granted or denied upon considerations of political expediency. Discrimination in this case becomes odious and cannot be productive of beneficial results. A general city law was approved by the Philippine Legislature, but vetoed by the Governor-General. 204 204 The bill was vetoed by the Governor-General on the following grounds: (a) that the provision authorizing the City Mayor to pardon City prisoners encroaches upon the Chief Executive's pardoning power; (b) that the percentage of internal revenue allotment to the cities deprives the Insular Government of an unreasonable portion of the Insular revenues; (c) that the properties of religious corporations are not exempted from special assessments; and (d) that the City attorney is not placed under the general supervision of the Attorney-General.

Page  150 CHAPTER XI THE "MOROLAND" AND SPECIAL PROVINCES.205 The Spanish Regime in Mindanao and Sulu.-The first expedition sent to the South to make a conquest of the Mohammedans in Sulu was in 1578, or just seven years after 205 The author is indebted to Mr. Jose G. Sanvictores, formerly Director of the Bureau of Non-Christian Tribes, for materials used in this chapter. An excellent article by Hon. Teopisto Guingona, formerly governor and senator for Mindanao and Sulu, Los Habitantes no Cristianos de Filipinas, has also been used. "Non Christian Territory and Population —The non-Christian territory of the Philippines, as defined in the Organic Act for the Philippine Islands, commonly known as the 'Jones Law,' is comprised in the provinces of Agusan, Bukidnon, Cotabato, Davao, Lanao, and Zamboanga, on the Island of Mindanao; the Province of Sulu, covering the Sulu Archipelago; and the Mountain Province and the Province of Nueva Vizcaya, in northern Luzon. These nine provinces constitute the twelfth senatorial district and is represented in the Philippine Legislature by senators and representatives appointed by the Governor-General. They have a combined area of 45,152 square miles out of a total of 114,400 square miles for the entire Archipelago, and thus represent 39% of the total area of the Philippines. The following countries with their areas are given in order that a good idea of the size of the so-called non-Christian territory of the Philippines may be had: Belgium.................................... 11,744 sq. mi. Cuba.................................................... 41,634 sq. mi. Denmark........................................ 16,958 sq. mi. Greece...................................................... 41,933 sq. mi. Holland.................................................. 12,582 sq. mi. "Of the countries given above, Belgium is the most densely populated, having a population of 670 to the square mile. If the nonChristian territory of the Philippines were to be populated at the same rate that Belgium is, this section of the Philippines alone would have a population of 30,215,840. "The population of the non-Christian provinces is given in the 150

Page  151 "MOROLAND" AND SPECIAL PROVINCES 151 the founding of the City of Manila. This expedition, however, was not productive of any lasting result. It was in 1638 when Jolo was occupied by the Spaniards. In 1G46 the garrison here was recalled, and Sulu was again completely freed from Spanish intervention. In 1850 the Spanlast general census as 1,064,253, or 10% of the total population of the Philippines. Of this number, 811,495 are non-Christians,-Mohammedans and pagans. This number represents less than eight per cent. of the total population of the Archipelago. "There are also non-Christians in other parts of the Philippines, but their number is negligible. The census gives the number of nonChristians outside the non-Christian territory as 121,458, which is only slightly more than one per cent. of the total population. It would be difficult, however, to determine even approximately the area inhabited by these people for they are, for the most part, of the nomadic types. Suffice it to say that they are found in the forested mountains on the islands of Luzon, Mindoro, Palawan, Panay, and Negros. "The Mlohammedan Problem.-When we speak of the non-Christian problem of the Philippines, attention is at once focused on the great Island of Mindanao to the South and the adjoining group of islands called the Sulu Archipelago, for this is the section of the Philippines that had given the Spanish Government and the American Government the most trouble. As a matter of fact, because of the prominence that the Mohammedan problem of the Philippines has always had, the so-called 'non Christian problem' has become synonymous with the 'Mohammedan problem.' "'The Moroland.'-If the term 'non-Christian', as applied to the semi-civilized and backward people of the Philippines, is a misnomer, because in this group are found many good Christians and individuals who possess a high degree of education, the expression 'Moroland' as applied to the Island of Mindanao and the Sulu Archipelago is a bigger misnomer. "Yet, even by the great majority of Filipinos, Mindanao, and Sulu are considered as the Moro's (Mohammedan's) country. The Mohammedan Filipinos are found in Mindanao, in the Sulu Archipelago, and in the Palawan Group. Palawan is included because this island is made a part of the territory for which a special government is being advocated by local Americans. "This section of the Philippines can be called 'Moroland' if the Moros predominate both in number and in the territory occupied by them. Let us see what are the facts. "The Island of Mindanao, the Sulu Archipelago, and the Palawan Group, all of which with the exception of the northern half of Pala

Page  152 152 LOCAL GOVERNMENT IN THE PHILIPPINES iards returned to Jolo, and this period marked the "incorporation of the Sultanate of Sulu into the Spanish Monarchy". The Spaniards were allowed to establish a trading-post and a garrison at Jolo, but even up to that time there was no definite understanding between the Spaniards and the people of Jolo on the question of sovereignty. The Sultan of wan lie south of 10~ north latitude, represent a combined area of 44,715 square miles, or 39% of the total area of the Philippines. "The Mohammedans occupy only 21% of this territory. "If the total land area of the Philippines is taken as the basis of computation, it Will be seen that the section inhabited by Mohammedan Filipinos is only eight per cent. "As regards population, the 1918 Census shows that the Island of Mindanao, the Sulu Archipelago, and the Palawan Group have 1,176,212 inhabitants. "Of this number, only 423,299. or 36%, are Mohammedans. Taking the total population of the Philippines which is 10,314,310 again as a basis, we note that the Mohammedan population is but four per cent. The following table gives in detail the proportion of the Christian, Mohammedan, and pagan inhabitants of these Islands: Christian, Mohammedan, and Pagan Inhabitants of these Islands: NON-CHRISTIANS PROVINCES Chris- Moham- Pags tians medans agans Total Island of Mindanao: Agusan...................... 38,596 32 6,112 44,740 Bukidnon.................. 10,110 668 37,766 48,544 Cotabato.................... 7,583 110,865 53,530 171,978 Davao........................ 53,130 9,079 46,013 108,222 Lanao........................ 7,680 83,286 493 91,459 Misamis.................... 195,066 224 3,653 198,943 Surigao...................... 119,416 159 2,589 122,164 Zamboanga................ 65,837 44,845 36,651 147,333 Sulu Archipelago: Sulu........................... 3,721 168,610 445 172,776 Palawan Group: Palawan................... 45,656 5,531 17,866 69,053 Total........................ 546,795 423,299 205.118 1,175,212" 46.5% 36% 17.5 % The Non-Christian Problemn of the Philippines, unpublished, by Jose G. Sanvictores, formerly Director, Bureau of Non-Christian Tribes; Los Habitantes No Cristianos de Filipinas by Teopisto Guingona, formerly Governor and Senator for Mindanao and Sulu.

Page  153 "MOROLAND" AND SPECIAL PROVINCES 153 Sulu continued to rule over his archipelago as an independent monarch. In 1878 a treaty was made by the Spanish Government with the Sultan of Sulu in which the Sultan acknowledged Spanish sovereignty over the entire archipelago, and in exchange the Spaniards had to give the Sultan an annual salary of p2,400.00 and smaller gratuities to his heir and advisers. As the Sultan retained the right to impose and collect taxes both from his subjects and from foreign merchants trading at Jolo, and the people were given absolute freedom in the exercise of their religion and customs, this treaty only served to please Spanish pride and vanity. The Spanish Government never did in fact gain control over the Sulu Archipelago. Outside of Jolo, Siasi, and Bongao, there are no signs of Spanish occupation. Even in Jolo, Spanish rule was confined to the walled enclosures of the garrison. While the Spaniards succeeded in establishing military posts farther into the interior in the Province of Cotabato than in any other Mohammedan province of Mindanao, here as in Sulu Spanish control was not complete. Spanish sovereignty was maintained only in the places garrisoned by the troops and in their immediate vicinity. Fort Pikit. which to this day stands and is now occupied by the Philippine Constabulary, 60 miles up the Mindanao River, marks the farthest outpost built and maintained by the Spaniards in the Mohammedan regions. In Lanao the Spanish government was really never permanently established. While the first attempt at the conquest of Lanao was made in 1637, it was not until 1894 that a Spanish expedition met with any degree of success. In that year a large expedition sent by Governor-General Blanco succeeded in taking the cotta of Marahui, said to be one of the strongest forts in Lanao. It marks the present

Page  154 154 LOCAL GOVERNMENT IN THE PHILIPPINES site of Camp Keithley, an abandoned military post of the United States Army. Outside of the forts built by the Spaniards in Mindanao and Sulu, which in the case of Zamboanga, Jolo, and Cotabato developed into fairly substantial towns, the improvements made in and around these forts, and two important naval stations in Basilan (south of Zamboanga) and Polloc (in Cotabato), there are no signs of Spanish civilization having taken root in that part of the Philippines or of the Spanish priests having succeeded in converting the people into Christianity as they had so done remarkably in the northern islands. When the American sovereignty supplanted the Spanish Government, the people of the South were governed almost wholly by their own chiefs. Politically, they lived independently from the rest of the Philippine.Archipelago. It is clear that during the period of Spanish domination in the Philippines, Spain was not able to establish herself permanently in the Island of Mindanao or in the Sulu Archipelago, especially in the sections inhabited by Mohammedan Filipinos. The fact, however, that by treaties the local sultans acknowledged Spanish sovereignty made that section of the Philippines a definite part of the Philippine Archipelago. The Treaty of Paris and the subsequent agreements entered into recognize this arrangement; and in defining the boundaries of the Philippine Islands, even the southernmost Island of Sitanki in the Sulu Archipelago is included in Philippine territory. Era of Pacification by Military? Authorities.-The condition of public order throughout the Moro Province at the beginning of the American Occupation in the year 1899 was most pitiable.206 206 "Immediately upon the withdrawal of Spanish authority and control, both in land and sea, a condition of anarchy sprang up, which

Page  155 "MOROLAND" AND SPECIAL PROVINCES 155 The extension of government control as well as the proper development of the various governmental activities, such as agriculture, commerce and shipping, industry, and public instruction-all had to depend upon the maintenance of law and public order. The history of the Government of the Moro Province was a history of the pacification of the Moro and pagan elements; of the control of the public order situation then existing at the time of the occupation of the island of Mindanao and the Sulu Archiin 1899 Sawyer, the historian of the Philippines, described as follows, speaking of Mindanao: 'The present condition of the Island is most lamentable. Nothing could be more dreadful: robbery, outrage and murder are rampant. Every evil passion is let loose, and the labor of years has been lost. In the words of one who knows the country well, MIindanao has become a seethino hell and is in a condition more dreadful than ever before in historic times'. "While this description is probably somewhat overdrawn, yet that there was considerable foundation for it is shown by the following extracts, the first taken from this year's report of Governor Scott, of Sulu, describing conditions in Sulu at tho time he assumed charge of the district, the others from reports of Colonel Sweet, commanding officer of Jolo, written a year after Mr. Sawyer's statements were made: 'The condition of the common people was most deplorable; slavery was rife; for failure to pay a debt of $5 a man and his whole family could be taken into slavery for life; there were frequent cases of kidnapping, stealing, robbery, rape, and murder. The datos and other chiefs preyed upon the lower people. As they said, The big fish in the sea were accustomed to swallow the little fish. No man had any incentive to work for anything beyond a mere hand-to-mouth living, for he was not allowed to enjoy the fruits of his labor, which were taken from him promptly by robbery or by unjust fines. The very first case investigated, before landing, was that of Panglima Ambutong, who complained that the Rajah Muda, the brother of the Sultan and his heir-apparent, and in charge while the Sultan was absent in Singapore, had fined him 2,000 pesos and confiscated his bail for defending himself from Panglima Dammang, who had attacked him. A similar fine and confiscation had operated also against Dammang, both without a trial. These cases were rectified at once. Piracy.-The natives of the islands are natural pirates, the multitude of small islands and reefs favoring them. These pira

Page  156 156 LOCAL GOVERNMENT IN THE PHILIPPINES pelago by the military authorities and of the establishment and organization of a temporary form of government to suit local conditions. The Military Governor was then confronted with the greatest task of insuring the maintenance of law and order throughout the territory of the Moro Province. The difficulties of transportation to isolated regions and the hostile attitude of the recalcitrant lawless Moros towards the constituted authorities made the work of pacification more difficult. However, this difficulty was gradually overcome through the efforts and energy of the local military authorities. cies are committed against each other or against Chinamen. When boats and their crews disappear, the natives take it as a matter of course; it is only another case of piracy. No reports of piracy against whites have been received; but from evidence found by Captain Cloman in the Selungan affairs, it would appear that piracies against Sandakan traders have been committed recently. 'Complaints are being received from Moros as to unjust treatment from the Sultan, the datos, and others in authority; and when they complain to the Sultan, they are fined or can get no redress. I have investigated some of those complaints for my own information and find that justice as we understand it is unknown. The desire to get money overrides all other considerations. As an example of justice: A Moro lost a carabao by theft; he located the thief and complained to the Sultan, who fined the thief $105 and confiscated the carabao. 'The political situation remains the same as at the last report. The lower classes have more confidence in us, but the Sultan and the chiefs are obstructive factors in all our efforts for the betterment of the condition of the Moro people. They have no honest desire for American methods of honest administration, when the whole people will be benefited, unless there is some consideration in it for them. They are as overbearing toward their people as ever, and do not seem inclined to change their arbitrary methods or aid the people to better themselves. They act as if they thought the people were created to be their slaves or for their own aggrandizement. The lower classes seem to be peaceable and as law-abiding as they can be under the circumstances. Stealing is very prevalent and will continue so until the chiefs resort to different methods of punishment; fining and selling into slavery are practically the only punishments awarded for any offense; and, as the fines are divided between the Sultan and datos and judge, they

Page  157 "MOROLAND" AND SPECIAL PROVINCES 157 Disarmament of the Moros.-Since the beginning of the American Occupation in the year 1899, until the disarmament of the Moros in the year 1911, the work of the Government was chiefly directed against organized bands of outlaws throughout the greater portion of the Moro Province, especially in the Lake Lanao region and the Sulu are naturally large for -mall offenses and comparatively small for the worst offenders. The result is: a person has to steal in order to nay his fine or he will be sold as a slave.' "These extracts would have applied with equal force to conditions existing in the Cotpbato Valley and in the Lake Lanao region." Annual Report of General Wood to the Governor-General covering the period from September 1, 1903. to August 31, 1904. "American Military and Civil Government.-About the middle of April, 1899, General E. S. Otis, Military Governor of the Philippines, was requested by the acting Spanish Governor-General to relieve the Spanish troops in Mindanao and in the Sulu Archipealgo. The American Government hesitated for some time to accede to this request because of the inadequacy of the troops available at the time and the fierce fighting going on in central Luzon which was giving the American troops all they could handle. The following month, however, as a consequence of an attack made by the Filipino forces on the Spanish garrison at Zamboanga and the cutting off of the water-supply of the Zamboanga garrison, the situation of the Spaniards became so precarious that the sending of a relief expedition was decided upon. Under the terms of the Treaty of Paris, the American Army was in duty bound to accept the transfer of sovereignty from the Spaniards. On May 15, 1899, the Twenty-third Infantry was therefore ordered to relieve the Spanish garrison in Sulu. It was decided not to take over Zamboanga immediately, as Sulu presented a problem that required more urgent attention. The Spanish garrison at Zamboanga was allowed to withdraw on the condition that they destroyed all guns and ammunition. "The Spaniards in Jolo knew that they were to leave the Archipelago and abandon the garrison, but they did not know that they werd to transfer the command to the Americans; and so, when the American forces arrived at Jolo, they were received with no little surprise. Their sudden appearance was no doubt a disappointment to the Sultan who had been counting on taking over all the Spanish forts and succeeding the Spaniards in every other way. To the datus, however, who were opposed to the rule of the Sultan and who wanted to wrest some of his political powers, the appearance and intervention of a third party offered just the opportunity for negotiations and intri

Page  158 168 LOCAL GOVERNMENT IN THE PHILIPPINES Archipelago where the Moro element was most predominant and bellicose. The military authorities realized then, as they did, the defiance of these lawless Moros to the constituted authorities. But the paramount maintenance of law and order as the foundation of all governmental activities called for immediate action on the situation. To this end, the Legislative Council of the Moro Province enacted Act No. 221 providing for a general disarmament of the Moros gue that might benefit them: but the power of the Sultan was widely recognized not only in Jolo but in the neighboring British colony of Borneo; and this advantage, coupled with the spiritual power which he held over the people of Sulu as head of the Mohammedan Church, placed him in such a position that the newcomers had to deal with the Sultan in arranging the terms on which the relations between the Americans and the people of Sulu were to exist. "When we stop to think that the American forces sent to Jolo to make up the first expedition consisted of but 19 line officers, two assistant surgeons, one chaplain, and 733 enlisted men and that the poptlation of Jolo at the time was estimated at 120,000 with no fewer than 20,000 fighting men available, it will readily be realized that the task of the first expedition could be better accomplished by a display of tact and diplomacy rather than that of military force. The first datus to call on Captain Pratt, the officer in command, were those who were opposed to the Sultan. They received the Americans cordially, assured them of their friendly intentions, and offered their help. The Sultan at the time was in Siasi to which he had gone with the Spanish officers prelimanry to the taking over of the Siasi garrison; and so, on learning that the Americans had arrived, he held himself aloof as much as possible. He declined to call on the Americans and it was the Sultan's mother who sent the Sultan's secretary to welcome the Americans. A return call was made on the Sultan's mother at Maimbung, the native capital of Jolo, where the Americans were received graciously. This courtesy paved the way for General John C. Bates, who was sent to Jolo in view of the insistence of the people of Sulu to be informed of the meaning of American occupation, to enter into negotiations with the Sultan and his datus regarding the bases of the social and political relations that were to exist between the American Government and the people of Sulu. These negotiations culminated on August 20, 1899, in what is called the Bates' Treaty. "In the first instructions given to General Bates by Major-General E. S. Otis, Military Governor, the Spanish Treaty of 1878 with the Sultan of Sulu was made the basis. As already discussed under the

Page  159 "MOROLAND" AND SPECIAL PROVINCES 159 and empowering the Governor of the Moro Province to carry out the provisions of this Act. By virtue of the authority then vested by this Act upon the Governor of the Moro Province, an executive Order dated September 8, 1911, of the Governor of the Moro Province was then issued to all District Governors with instructions to have the provisions of the law strictly enforced. It was realized that the enheading 'The Spanish Regime', the Sultan under this Treaty acknowledged Spanish sovereignty over the Sulu Archipelago; but beyond that point he made no further concessions; he continued as the supreme ruler and, outside the places actually garrisoned by the Spaniards, was in absolute control over the entire Sulu group. On the other hand, the Spaniards assumed the burden of maintaining the garrison which entailed no little expense. Under this Treaty the Sultan, his heir, and advisers received certain gratuities from the Spanish Government. This monetary obligation the American Military Government was ready to, and in fact did, assume. In addition, General Bates carried with him i10,000.00, Mexican currency, to be distributed among the Sultan and his datus in amounts agreeing with the ratio of the gratuities they received from the Spanish Government. It is interesting to quote in this connection a portion from the instructions of General Otis as illustrating the attitude of mind of the Americans at the time: 'The United States will promise, in return for the concessions to be hereinafter mentioned, not to interfere with, but to protect, the Moros in the free exercise of their religion and customs, social and domestic, and will respect the rights and dignities of the Sultan and his advisers.' "In the beginning, the American Military Government was quite willing to occupy the nominal position held by the Spaniards in the South. When it was learned, however, that the Spanish treaties and agreements with the Sultan had suffered such wide variations, to meet evidently each new situation as it arose that they might continue in virtual, if not in absolute, control of the Sulu Archipelago, the instructions to General Bates were modified in the sense that he was to insist on the right to occupy not only those zones necessary for naval and military purposes, but also to control the centers of trade. The policy of Spain was doubtless dictated by her inability to maintain with military force her sovereignty in the South. There is no other way to explain the willingness of the Spaniards to assume the burden of maintaining the garrison, which entailed no little expense,

Page  160 160 LOCAL GOVERNMENT IN THE PHILIPPINES forcement of the Disarmament Act would encounter great opposition on the part of the recalcitrant elements. While some Moros in other parts of the Moro Province laid down their arms to the government in accordance with the provisions of the Disarmament Act, the Moros in the Sulu Archipelago and Lake Lanao region showed the strongest opposition to this measure. But in the face of all these opwhile allowing the Sultan to collect all the revenues derived both from internal and external commerce. It would seem that the whole desire of Snain was to show Europe that she was in control in the Philippine Archinelago. "Under the Bates' Treaty, the Sultan of Sulu acknowledged the sovereignty of the United States over the whole Sulu Archipelago and agreed to fly the United States flag therein. On the other hand, the American representative promised to respect the rights and dignities of the Sultan and his datus, their religion, and religious customs. There is one article of the Bates Treaty worth quoting in full, for it was the inability of the Sultan to fulfill it that gave rise to the abrogation of the whole Treaty. It follows: 'Article VIII.-Piracy must be suppressed and the Sultan and his Datos agree to cooperate heartily with the United States authorities to that end, and to make every possible effort to arrest and bring to justice all persons engaged in piracy.' "This Treaty was never ratified by the United States Senate and on March 2, 1904, was abrogated by the President of the United States. The reasons for the abrogation of the Treaty, to put them in the words of the President of the Philippine Commission, were: 'General Bates entered into the so-called Bates Treaty with the Sultan upon the supposition and upon the claim made by him that he was the sovereign of the Jolo Archipelago and could, as any sovereign ought to do, maintain and carry out the provisions of that treaty. Unfortunately, the Sultan has not had the power and authority to enable him to meet the treaty obligations which he assumed. We look upon this as a misfortune to him, but nevertheless the injury to the Americans was equally as great and made it proper and right that they should declare the Treaty at an end. In abrogating the Treaty, the President of the United States has not done so in anger or in displeasure at the Sultan, but he has done so having a regard to the highest interest of the Moro people themselves, and because he has felt and known, as everyone must know, that there can be no real prosperity or happiness for the Moros in the Jolo Archipelago so long as they are torn to pieces by internal fights between the Sultan and his datos'.

Page  161 "MOROLAND" AND SPECIAL PROVINCES 161 positions and difficulties, the Government considered it absolutely necessary, in the interest of public order, that all organized armed resistance to this measure be immediately suppressed. Numerous punitive expeditions by the Military, or Constabulary, or both, were therefore organized and sent to these opposing Moro elements in Lanao and Sulu. Great resistance was made by the Moros, but the superiority of the military succeeded in overcoming all organized armed resistance. Typical encounters as a result of the opposition to government control and to this measure, which attracted considerable public attention not only in the Philippines but also in the United States, there may be mentioned the expedition against the Jolo Moros at Mt. Dajo and Mt. Bagsak in the Sulu Province and in the Traka Lanao valley where the Moros made their last stand. The "As the abrogation of the Bates Treaty deprived the Sultan of many of his sources of revenue, the economic loss resulting from this act was the more important to the Sultan and his advisers and it was to compensate them for this loss and to find a satisfactory basis of adjustment that a conference was arranged with the Philippine Commission in July, 1904. This marked the end of the political rule of the Sultan in Sulu. "In a subsequent agreement entered into between the Sultan of Sulu and the Philippine Government, as represented by Frank W. Carpenter, Governor of the Department of Mindanao and Sulu, the Sultan was reduced to the position of 'titular spiritual head of the Mohammedan Church in the Sulu Archipelago, with all the rights and privileges which under the Government of the United States of America may be exercised by such an ecclesiastical authority and subject to the same limitations which apply to the supreme spirituai heads of all other religions existing in American territory.' He, of course, continues to receive the gratuities first granted to him by the Spaniards in the Treaty of 1878, acknowledged and given effect by General Bates in 1899, and by the Philippine Commission in 1904. "The conference which terminated the Bates Treaty was held in July, 1904. As a matter of fact, however, the political power of the Sultan was annulled the year before that when the Moro Province was established by the Philippine Commission. With the establishment of the Moro province began the civil government not only in the

Page  162 162 LOCAL GOVERNMENT IN THE PHILIPPINES complete destruction of the well-fortified cottas in) these places as well as the annihilation of their Moro garrisons broke forever organized armed resistance against the government and marked a new era in the history of public order throughout the Moro Province. The Moro Province Described.-The Moro Province was organized in 1903 by Act 787 of the Philippine Commission with Major-General Leonard Wood, Military Commander of the Department of Mindanao and Sulu, as its first governor. This organic act was enacted to suit local conditions and otherwise insure effective control of the diverse tribes found in this Province. By virtue of this Law, five districts of the Moro Province were duly organized; namely, the Districts of Cotabato, Davao, Lanao, Sulu, and Zamboanga. The Law also provided for a gov — ernor, a secretary, a treasurer, an attorney, an engineer, and a superintendent of schools. Provision was also made in Sulu Archipelago, but on the Island of Mindanao as well. This special form of government continued until January 3. 1914. when the Department of Mindanao and Sulu was inaugurated. With the inauguration of the Department of Mindanao and Sulu, civil administration-on a par with the government existing in the rest of the Archipelago and under the control of the Philippine Legislaturewas ushered in. During the life of the Moro Province and the military regime preceding it, the real conquest and pacification of Mindanao and the Sulu Archipelago was accomplished. It was during this period that some of the fiercest battles in the history of the Philippines took place, and as a result a feat which Spain in her three centuries of rule in the Philippines had failed to accomplish was made a reality. Along with military conquest public works, public instruction, public health, agriculture and commerce received much attention. Quite a record was made by the Moro Province in building first-class roads, trails, and telephone communications; in establishing schools and getting children to enroll; in constructing dispensaries and hospitals; and in building up agriculture and commerce." The Non-Christian Problem of the Philippines by Jose G. Sanvictores, formerly Director, Bureau of Non-Christian Tribes; Los Habitantes no Cristianos de Filipinas by Teopisto Guingona, formerly Governor and Senator for Mindanao and Sulu.

Page  163 "MOROLAND" AND SPECIAL PROVINCES 163 the organic act for the appointment of military officers to fill civil positions. 07 Legislative Council.-The organic act of the Moro Province provided for the creation of a Legislative Council composed of the Provincial Governor, the Secretary, the Treasurer, the Attorney, the Engineer, and the Superintendent of Schools. This Council exercised legislative and executive powers. In the exercise of these powers, the Philippine Commission had granted the Council a very large measure of discretion in dealing with the Moros and in preserving, consistently as far as possible with the fundamental law of the land, the customs of the Moros, the authority of the datos, and a system of justice in which Moros should participate. The laws enacted by this Council were, however, subject to review, annulment, or amendment by the Philippine Commission. This Legislative Council undoubtedly rendered important aid to the Governor of the Moro Province. It was by far greater in power than the Administrative Council of the Department of Mindanao-Sulu which was simply but an advisory board to 207 The following table shows the political organization of the Moro Province as provided for in its organic act: PHILIPPINE GOVERNMENT The Moro Province District Provinces Cotabato Davao Lanao Sulu bonga 2 Organized 5 Organized 1 Organized 3 Organized 3 Organized Municipali- Municipali- Municipali- Municipali- Municipalities: ties: ty: ties: ties: Cotabato Davao Jolo ZamboanMakar Mati Malabang Siasi ga Cateel Cagayan Isabela Baganga de Sulu Dipolog Caraga 5 Tribal Wards 18 Tribal 6 Tribal 13 Tribal 9 Tribal 56 Sub-isWards Wards Wards Wards tricts

Page  164 164 LOCAL GOVERNMENT IN THE PHILIPPINES the Department Governor with practically no legislative power. District Officials and Employees-their Appointment.The officials of the five districts comprising the territorial jurisdiction of the Moro Province consisted of a District Governor, a Secretary, and a Treasurer. These officials were appointed by the Governor of the Moro Province, subject to the approval of the Legislative Council. All other permanent appointments were, however, made in accordance with the provisions of the Civil Service Law. As already stated, the Moro Province was divided into five great districts under the administrative control and administration of district governors who were directly responsible to the Provincial Governor for the direction of local affairs. Each district was also divided into tribalward districts presided over by a local headman selected and appointed by the District Governor, subject to the approval of the Provincial Governor. It is to be noted that, in the manner of selection for this position, the commanding influence and respect which the local headman exercised over the community were taken into consideration. Each tribal-ward district was also divided into sub-districts. Upon the reorganization of the Moro Province in 1913, there were existing 14 organized municipalities and 51 tribal wards, Organization of Municipalities.-By Act No. 35 of the Legislative Council, the municipalities of the Moro Province, previous to the going into effect of this Act on February 20, 1904, were continued and recognized as municipal corporations with the same boundaries as then existed, de jure or de facto. All the provisions of the Municipal Code which were in force in the Philippine Islands, with the exception of certain provisions which were modified to suit local customs and conditions and to meet the actual

Page  165 "MOROLAND" AND SPECIAL PROVINCES 165 needs of the situation, were extended to the municipalities established by Act No. 21 of the Legislative Council. By Act No. 21, enacted by the Legislative Council on October 29, 1903, the municipalities of Cotabato, Makar, Davao, Mati, Malabang, Cateel, Baganga, Iligan, Caraga, Dapitan, and Zamboanga were established and organized and the territorial jurisdiction of the municpalities of Iligan and Zamboanga enlarged. Under Act No. 38, enacted by the Legislative Council on February 11, 1904, the municipalities of Jolo, Siasi, and Cagayan de Sulu were organized. Isabela, on the island of Basilan, formerly a barrio of Zamboanga, was organized as a municipality on February 15, 1912. Dipolog, then a barrio of Dapitan, was also organized as a municipality on July 2, 1913. Organization of Tribal-Ward Governments. —By Act No. 39 of the Legislative Council, there was established and organized a system of tribal-ward government throughout the five great districts comprising the territorial jurisdiction of the Moro Province. This system of government organization, which now corresponds to the actual municipal district organization, had for its principal object the control of the Moros and the Pagans. The organization of the tribal-ward form of government was merely temporary. The system was primarily designed to create and organize a temporary form of government for the Moros and non-Christians only. Each of the five great districts of the Moro Province was for administrative convenience divided into tribal-ward districts, which in turn were divided into sub-districts. These wards were delimited, as far as was practicable, so that each contained a single tribe or a homogeneous division. The District Governor, with the approval of the Provincial Governor, appointed the local headmen of his district. These local headmen also received compensation for their services.

Page  166 166 LOCAL GOVERNMENT IN THE PHILIPPINES In selecting men for this position, preference was given to those chiefs or "datus" of the districts who exercised commanding influence and respect over the people there. This local headman was the official representative of the District Governor and was directly responsible to him for the carrying out and enforcement of all district laws, ordinances, and regulations of the government and for the administration of local affairs. As a deputy of the District Governor, the local headman was charged with the duty of informing from time to time the District Governor of the condition of the district regarding both law and public order. Each local headman was also empowered to appoint as many deputies as there were sub-districts of the tribal-ward district. These deputies were the representatives of the local headman in their respective sub-districts and were charged with the power and duty likewise to carry out and enforce district laws, ordinances, and orders promulgated by the constituted authorites. These deputies were appointed by the local headman of the district subject to the approval of the District Governor. They also received compensation for their services. The local headmen of the tribal-ward districts, when assembled in council, constituted an advisory board to the District Governor for the administration of local affairs. Meetings were frequently held by these local headmen presided over by the District Governor and in such meetings were discussed and submitted to the District Governor matters of local interest and measures for the general welfare of the inhabitants of their respective districts. This system of tribal-ward government has, indeed, served a very useful purpose in the maintenance of effective control of law and order among the Moros and the pagans. In fact, it was a system which won the confidence and the good-will of the Moro and non-Christian people and made

Page  167 "MOROLAND" AND SPECIAL PROVINCES 167 easier the implantation of municipal district governments by the civil government of the Department of MindanaoSulu. Organization of Tribal-Ward Courts. —Following the organization of tribal wards, the Legislative Council on October 6, 1905, passed Act No. 142 known as the "TribalWard Court Law". This Law provided for the establishment of courts in such 'district for the trial of cases between Moron, between non-Christians. and between Moros and other non-Christians. These tribal-ward courts were presided over by the governor and secretaries of the districts as ex-officio tribal-ward court justices having jurisdiction of courts of justices of the peace both in civil and criminal actions in which the interested parties were Moros and other non-Christians. Like the tribal-ward organization, the tribal-ward court system had for its principal objective the control of the Moros and the non-Christian element. Policy of Attraction.-The political condition of the Moro Province, ever since its organization, had been such that it was necessary at the beginning to adopt the "policy of attraction" towards the Mohammedan and pagan elements. While this policiy had, to a great extent, given the results anticipated, some difficulty was, however, met in certain portions of the province like the Sulu Archipelago and Lake Lanao region where the Moro elements were very predominant and where there was an organized armed resistance against the Government. It was, therefore, necessary in view of the existing conditions of public order, to adopt a more severe policy against those recalcitrant Moros and pagans with a view to the destruction and elimination of these organized bands of outlaws, a preliminary step which was the sine qua non of the maintenance of law and order. It was, therefore, necessary for the successful administration of the Moro Province to adopt a radical

Page  168 168 LOCAL GOVERNMENT IN THE PHILIPPINES course of action. This plan resulted in the general disarmament of the Moros and pagans and the complete pacification of the Moro Province. During the civil regime of the Moro Province, most of the civil positions were appointive rather than elective. The powers of district officials were centralized in one strong head who exercised both military and civil power. Local conditions were such that it was deemed as yet premature and impracticable to extend the provisions of the general Election Law. It was necessary to give the natives first an ample opportunity to learn the management of their local affairs. The Department of Mindanao and Sulu.-The designation of the Government of the Moro Province was on December 20, 1913, changed to Department of MindanaoSulu by Act 2309 of the Philippine Commission. By the same Act, the jurisdiction and control, theretofore exercised by the Secretary of the Interior over the provinces of Agusan and its sub-province of Bukidnon, passed to the Governor of the Department of Mindanao and Sulu. These provisions became fully efective on January 5, 1914, when the first Civil Governor, because of the resignation of Brigadier General John J. Pershing, formally assumed office. This organization continued until September 1, 1914, when a general reorganization was made by virtue of Act No. 2408, of the Philippine Commission. This Act, entitled "The Organic Act for the Department of Mindanao and Sulu" and its chapters, "The Provincial Governments" and "The Municipal Governments", provided special forms of government for the provinces and local or municipal units believed to be best adapted to existing conditions and at the same time provided the bases for an administrative program having as its objective the application to this region of the provisions of the municipal code in force in the regularly

Page  169 "MOROLAND" AND SPECIAL PROVINCES 169 organized provinces and thereby secure uniformity of local administration throughout the Archipelago.208 Departmental Organization.-Like the provinces, the Department was made a public corporation and as such was authorized to sue and be sued, to have and use a corporate seal, to acquire and convey property, to make contract for labor and material needed in the construction of public works, and to incur such other obligations as were authorized by law. The chief department officers were the Governor, Secretary, Treasurer, Attorney, and Delegate, all of whom were appointed by the Governor-General by and with the consent of the Philippine Commission. All of these officials constituted the Administrative Council which acted as an advisory board to the Governor with the additional power (a) to appropriate and expend public funds of the department, (b) to adopt rules regulating the laws of labor and em208 The purpose of the enactment of Act 2408 is stated in its Preamble, which is quoted as follows: "Whereas the change of government in the Department of Mindanao and Sulu, effected in January last, necessitates certain reforms, and not only is the time ripe for these reforms, but they are insistently demanded by present conditions in said department; and "Whereas it is the desire of the people of the Islands to promote the most rapid moral, material, social, and political development of the inhabitants of said department in order to accomplish their complete unification with the inhabitants of other provinces of the Archipelago; and "Whereas for the accomplishment of this purpose the extension thereto of the general laws of the country and of the forms and procedures of government followed in other provinces, under certain limitations in harmony with the special conditions now prevailing in said department, is among other measures advisable and necessary, but always with the understanding that such limitations are temporary and that it is the firm and decided purpose of the Philippine Commission to abolish such limitations together with the departmental government as soon as the several districts of said region shall have been converted into regularly organized provinces: Now therefore...."

Page  170 170 LOCAL GOVERNMENT IN THE PHILIPPINES ployment in the various offices in the Department, provinces, municipalities and other political subdivisions, (c) to confirm the appointment of officers and suspend and remove for cause any officer or employee of the Department except those appointed by the Governor-General. The Department Governor was the chief executive officer of the Department. He exercised general supervision and control over the various offices of the Department, the provincial governments, and other political subdivisions contained in the Province. The Department Governor was charged with the duty of enforcing the laws; of exercising control, through the provincial governors and the municipal presidents, over the provinces and municipal police; of visiting the provinces within the Department at least once in every six months; of appointing all Department officers except as otherwise provided by law and fixing their salaries subject to the approval of the Administrative Council; of suspending from office any officer or employee of the Department; of discharging the duties of his office under the general supervision and control of the Governor-General to whom he was required to make a report of conditions of the Department at the end of each fiscal year; of remitting, subject to the approval of the Governor-General, the collection of the land tax in whole or in part; of approving or disapproving in whole or in part any provincial appropriation, subject to appeal to the Governor-General; of directing, in his discretion, the bringing or defense of suits on behalf of the Department, provincial, and municipal governments and of compromising such suits upon the recommendation of the Attorney and the approval of the Judge of First Instance for the district; of authorizing the Treasurer to deposit so much of the funds belonging to the Department or to provincial and municipal governments, as was not needed for public use, in

Page  171 "MOROLAND" AND SPECIAL PROVINCES 171 a bank of deposit of approved standing in the Islands; subject to the approval of the Governor-General, of enlarging, contracting, or otherwise changing, by executive order, whenever in his judgment the public welfare required it, the boundary of any province, subprovince, municipality, or any other political subdivision within the Department of Mindanao and Sulu, or separating any such subdivision into such portions as might be required as aforesaid, merging any of such subdivisions or portions with another, naming any new subdivision so created, changing the seat of government within any subdivision, existing or created thereunder, to such place therein as the public interests required, and fixing in such executive order the date when the change, merger, separation. or other action was to take effect; of investigating, whenever he deemed 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; of authorizing and directing, subject to the approval of the GovernorGeneral, the discharge from custody, whenever he thought best. of any person convicted of crime in any court within the Department of Mindanao and Sulu and suspending the sentence of such convict without granting a pardon, and prescribing the terms upon which a convict so paroled shall have his sentence suspended; of determining for and in behalf of the government of the Department of Mindanao and Sulu and of any political subdivision thereof when necessary or advantageous, to exercise the right of eminent domain; of making and prescribing, and from time to time changing, with the approval of the Administrative Council, such rules and regulations as he in his discretion might deem most conducive to the public interest, the security of life and property, and the general welfare; and of securing

Page  172 172 LOCAL GOVERNMENT IN THE PHILIPPINES 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 were unable, or found it difficult, to suppress, by notifying the Governor-General. The Department Secretary was the official who performed the duties of the Department Governor during the latter's disability or absence. It was also his duty to attest the official acts of the Governor of the Department when required to do so and to record all of the Governor's acts which were required by law to be recorded; he was the custodian of all records and documents affecting the Department. He discharged all duties usually pertaining to the office of secretary, acted as secretary of the Administrative Council, attested all its acts and resolutions, and prescribed rules and regulations for the guidance of provincial and municipal secretaries. The Department Attorney was the legal adviser of the Department and of each of its officers and of the Administrative Council. It was his duty to represent the Department and all provincial and municipal governments therein in all suits brought on their behalf or against them and to take charge of the prosecution of all crimes. There was also an Assistant Attorney for the Department who was appointed by the Governor subject to confirmation by the Administrative Council. Both the Department Attorney and the Assistant Attorney discharged their duties under the supervision of the Attorney-General. The Department Delegate was a member of the Administrative Council. Besides his duties as such, he also performed such ministerial duties as might by resolution of the Administrative Council, upon request of the Department Governor, be required of him. The Department Treasurer was the chief financial of

Page  173 "MOROLAND" AND SPECIAL PROVINCES 173 ficer of the Department. He exercised general supervision over the provincial treasurers and acted as the custodian of funds and as collector of internal revenue. He was also charged with the duty to supervise the appraisement and assessment and the collection of public revenues; to purchase supplies for the use of the Department, province, and municipality; and to discharge such other duties as the Department Governor might require of him. The other officers of the Department, besides those named above, were the supervising engineer, the superintendent of schools, the chief health officer, the district auditor, the superintendent of reformatories, and the district chief of Constabulary. Provincial Organization.-The Department of Mindanao and Sulu was divided into the provinces of Agusan, Bukidnon, Cotabato, Davao, Lanao, Sulu, and Zamboanga. Each province had a provincial governor, a provincial secretary-treasurer, and a third member of the provincial board, the three of whom constituted the provincial board. The pro. vincial governor was appointed by the Department Governor subject to the approval of the Governor-General. The secretary-treasurer was appointed by the Department Governor subject to the provisions of the Civil Service Act; the third member of the provincial board was elected by a plurality of the votes of all the councilors of municipalities duly organized and the officers of municipal districts who were authorized to vote. Upon the passage of Act No. 2429, the right to vote for the third member was extended to vice-presidents of duly organized municipalities and of municipal districts. Provision was made for the elections of provincial governors and third members by popular vote in accordance with the Election Law, upon certification to the Governor-General by the Department Governor within one year after the completion and pu

Page  174 174 LOCAL GOVERNMENT IN THE PHILIPPINES blication of the census of the Department or as soon thereafter as the existing condition in all or any of the provinces under the Department justified the holding of such an election. The other provincial officers were the fiscal, the health officer, the district engineer, and the division superintendent of schools. The governor was the chief executive of the province. He presided at all meetings of the provincial board, saw to it that laws were faithfully executed by all officers in the province, inspected municipalities at least once every six months, and had the power to suspend an officer or employee for maladministration. He had the custody of all provincial prisoners and in time of public disorder he could call upon the Constabulary for assistance and appeal to the Department Governor for further aid. He was required to report every year the conditions of his province. The provincial secretary-treasurer was the recorder of the provincial board; he attested all official acts of the provincial board. He was chief financial officer of the province and took charge of the assessment of property, the collection of taxes, the custody of funds and property, and the register of certificates. As has been said, the provincial board or the legislative body of the province was made up of the provincial governor who acted as the presiding officer of the board, the provincial secretary-treasurer, and the third member of the provincial board. The board had power to appropriate funds, with the general welfare of the province in view; levy an annual tax upon real estate for provincial purposes; order the construction, repair, and maintenance of roads, bridges, and ferries; provide for the construction, purchase, or renting of suitable offices for the provincial officers and a courthouse; direct the bringing or defense

Page  175 "MOROLAND" AND SPECIAL PROVINCES 175 of suits on behalf of the province; provide a tax on carts and sledges for the protection of improved roads; authorize the provincial secretary-treasurer to deposit in a bank so much of the provincial funds as was not needed; adopt regulations for the suppression of agricultural pests; adopt rules regulating hours of labor; provide for the construction, purchase, or renting of school-buildings; appropriate funds for the maintenance of one or two pensionados to the University of the Philippines or other educational institutions; lend money to municipalities; provide for the payment of wages and the medical attendance of employees or laborers injured in line of duty; authorize municipal councils of the capitals of provinces and sub-provinces to fix the salaries of municipal officers at an amount higher than that authorized by law; extend the time for the payment of the land tax or cedula personal tax without penalty for a period not exceeding six months; remit the collection of the land tax; increase the cedula tax; designate provincial toll ferries; and acquire real estate by the exercise of the right of eminent domain. Under this Act, the provincial board had the power to organize as a municipality any piece of territory within the province. Municipalities were divided into four classes according to the number of inhabitants. Municipalities of the first class were those which contained not less than 25,000 inhabitants and those which were the seats of a provincial government regardless of the number of inhabitants; of the second class, those containing 18,000 and less than 25,000; of the third class, those containing 10,000 but less than 18,000; and of the fourth class, those containing less than 10,000 inhabitants. In case of controversy as regards the classification of municipalities, the Department Governor was the official who determined the class to which a municipality belonged.

Page  176 176 LOCAL GOVERNMENT IN THE PHILIPPINES Municipal Organization. —The municipal government was vested in a municipal president, a vice-president, and one representative from each barrio of a municipality who acted as councilor. The president was appointed by the provincial governor subject to the approval of the Department Governor. The vice-president was chosen at large by the qualified electors of the municipalities; and the councilor of each barrio was chosen by the qualified electors of the barrio. The Governor-General under this Act was authorized to call an election for municipal president in any organized municipality of the Department upon the recommendation of the Department Governor. The officers elected at such elections held office until those elected at the next general elections qualified; and thereafter, the elections in these municipalities were held coincident with elections prescribed in the Election Law for regularly organized provinces and municipalities. The president, vice-president, or councilor had to have the qualifications prescribed by law for elective municipal officers. In case of an appointed municipal president, it was sufficient if he was a duly qualified elector of the province. Besides the officers named above, each municipality had also a secretary, a treasurer, and such other officers or employees as the municipal council might determine and the provincial board authorize. Ecclesiastics, soldiers in active service, persons receiving salaries from provincial. departmental, or municipal funds, persons delinquent in the payment of public taxes, and contractors for public works within the province were disqualified from being elected or appointed to a municipal office. The municipal president, vice-president, secretary, and treasurer had similar powers and duties to those perform

Page  177 "MOROLAND" AND SPECIAL PROVINCES 177 ed by these officers in the municipalities of the regularly organized provinces. The municipal council was also invested with the same powers as those given to municipal councils in regular municipalities, with the additional power of excess condemnation; i. e., of acquiring, taking, condemning or appropriating more land and property than was needed for actual construction in connection with any authorized improvement. One of the characteristics of Act 2408 was the establishment of municipal districts in localities where the majority of the inhabitants had not progressed sufficiently in civilization to make municipal government practicable to them. The Department Governor was authorized to appoint officers of the municipal district, to fix the designation of such officers, and to prescribe their powers and duties. The powers and duties, however, could not exceed those conferred upon municipal officers in the municipalities under this Department. Creation of Bureau of Non-Christian Tribes.-The new organic act for the Philippine Government, which became effective in 1916, created the Bureau of Non-Christian Tribes and charged it with the general supervision of the public affairs of the inhabitants of the territory represented in the Legislature by appointive senators and representatatives. This statutory provision was made applicable to all the territory comprised within the Department of Mindanao and Sulu. By virtue of Act No. 2666 of the Philippine Legislature, enacted on November 18, 1916, the Bureau of Non-Christian Tribes was placed under the Department of the Interior, and consequently the Department of Mindanao and Sulu passed from the immediate charge of the Governor-General to that of the Secretary of the Interior. ' Abolition of Department of Mindanao and Sulu.-The

Page  178 178 LOCAL GOVERNMENT IN THE PHILIPPINES organization was continued until May 4, 1920, when the Department of Mindanao and Sulu, as a special political subdivision, was abolished by Act 2878. The Secretary of the Interior, through the Bureau of Non-Christian Tribes, assumed the powers, administrative and supervisory duties therefore vested in and performed by the Government of the Department of Mindanao-Sulu, over the provincial, municipal, and municipal-district governments and their authorized subdivisions. 209 By virtue of this law, the pro209 Provinces and municioalities.-Tn Mindanao and Sulu there are now seven provinces organized; namely, Agusan, with four organized municipalities and 54 municipal districts; Bukidnon, with four organized municipalities and nine municipal districts; Cotabato, with one municipality and 37 municipal districts; Davao, with seven organized municipalities and 15 municipal districts; Lanao, with four organized municipalities and 33 municipal districts; Sulu, with one organized municipality and 26 municipal districts; and Zamboanga, with five organized municipalities and 13 municipal districts. The form of government for these seven provinces is that prescribed in chapter 63 of the Administrative Code of 1917, which was made applicable to the Mountain Province and the Province of Nueva Vizcaya by Act 2798, as amended by Act 2913. The organization of these provinces and municipalities is the same as in other especially organized provinces described hereinafter. Municipal-District Governments.-The organization of municipal districts, which replaced the tribal wards and settlements of the former Moro Province, was effected by Executive Order No. 10, series of 1914, as amended by Executive Order No. 2, series of 1916, of the Governor of the Department of Mindanao and Sulu, issued pursuant to the provisions of Section 2630 of the Administrative Code of 1917. By virtue of Act 2798, approved on February 24, 1919, which extended and made applicable to the Mountain Province and Nueva Vizcaya all the acts and other provisions of law in force in Mindanao-Sulu, the townships of the Mountain Province and Nueva Vizcaya were reorganized into municipal districts. The form of government provided to suit the customs and habits as well as the material and moral welfare of the Non-Christians and pagans and the powers and duties of municipal district officials are clearly defined in the above-mentioned Executive Order No. 10, series of 1914, of the Governor of the Department of Mindanao and Sulu. These officials have been and are invariably selected from among the influential datus and other prominent native residents of the district and appointed by the gov

Page  179 "MOROLAND" AND SPECIAL PROVINCES 179 vincial governors and secretary-treasurers irt MindanaoSulu were made appointive by the Governor-General by and with the advice and consent of the Senate. Special Provinces (Act 1396).-In the establishment of civil government in the Philippines, it has always been the policy to give the Filipinos, in the administration of their governmental affairs, as much participation as their ernor of the province, subject to the approval of the Director of the Bureau of Non-Christian Tribes. Under this system of municipaldistrict government, the local affairs of the district are entrusted to the native officials themselves who are under the immediate control and supervision of deputy provincial governors who represent the authority and power of the provincial governor within their respective districts. As at the present time constituted and for purposes of administration with a view to insuring a more effective control and supervision, a deputy governor is assigned to one or more municipal districts. This official, as a delegate of the provincial governor, is vested with administrative powers and in some cases acts as ex officio auxiliary justice of the peace exercising judicial functions. In view of the scarcity of available personnel familiar with local conditions and because especially of the highly gratifying results obtained from the detail of Constabulary officers, it was deemed necessary in the interests of the public service to continue the practice of appointing Constabulary officers detailed in Mindanao-Sulu as deputy provincial governors with additional compensation of '50.00 a month. The detail of these officers with extra compensation is authorized by Section 4 of Act No. 2878. Under the existing organization of municipal districts, the native officials of the municipal districts have to deal directly with these deputy provincial governors upon whom they look for advice and assistance whenever necessary; so that, in practice, the deputy provincial governor, like the provincial governor, is confronted with a difficult task requiring tact and ability in deal-. ing with the district officials and the prominent datus and the nonChristian and pagan elements of his administrative jurisdiction. As stated above, the system of municipal district government is highly progressive in that it affords the natives an opportunity for an effective participation and direction of their local affairs. This system of municipal-district government should be continued until the non-Christian and pagan population of these districts shall have progressed sufficiently in civilization as to bring them under municipal government by the eventual development of these districts into organized municiaplities. The organization of these territories, formerly comprised within

Page  180 180 LOCAL GOVERNMENT IN THE PHILIPPINES progress and capacity will warrant. At the present time, the provinces of the Philippines are grouped under two classes according to the act under which they are organized. Those organized under Act No. 83, formerly known as the Provincial Government Act (Chanter 56 of the Administrative Code of 1917), are classified as regular provinces; the bounds of the former townships and settlements, is placed in the hands of the Governor-General, acting on the recommendation of the provincial board. In the creation of the new municipalities or districts out of these townships and settlements, the welfare of the inhabitants as well as the financial condition of the territories are taker into account. But the adeouacy of the revenue resources is of prime consideration. for no territory can be organized as a municipality which will not only be able to defray its expenses, but will also be able to set aside certain amounts for public improvements. Municipal districts are also organized with the view to their development by consolidation (or div;sion) progressively, as revenues and the political enlightenment of the mass of the people advance, into regularly constituted municipalities as the finality. Although the government of our municipal districts is patterned after the government of our regularly organized municipalities, the municipal-district president has no executive authority, as the executive authority pertaining to his office is being exercised by the provincial governor. The municipal district council does not function as a legislative body, for all local ordinances are initiated by the provincial board. The Bureau of Non-Christian Tribes is gradually giving the inhabitants of the municipal districts participation in the election of their officers. On February 25, 1922, provincial governors under the supervision of the Bureau were instructed to hold informal elections in the municipal districts for the purpose of determining the peoples'.choice of officers (Annual Report, Director of the Bureau of NonChristian Tribes). Those getting the majority of votes were the ones to be appointed. The qualifications required of the electors of the municipal districts are: He must be a citizen of the Philippine Islands or the United States. He must be 18 years of age or more. He must be a resident of the district at least two months preceding the informal election. He must be up-to-date in the payment of the cedula tax. This policy is designed primarily to pave the way for the gradual enlightenment of the inhabitants in the ways of our government.

Page  181 "MOROLAND" AND SPECIAL PROVINCES 181 and those organized under Act No. 1396, formerly known as the Special Provincial Government Act (Art. XII, Chapter 56 of the Administrative Code of 1917), are designated as special provinces.210 Regularly organized provinces, whose governments are organized under the Provincial Government Act, are supposed to bd in a far more advanced stage of civilization than are those organized under the Special Provincial Government Act. These special provinces are converted into regular provinces as soon as their progress in economic, social, financial, and political lines will permit. The first province to be especially organized was the Province of Benguet. Its civil government was organized under the provisions of Act No. 49, enacted November 23. 1900. Then followed the establishment of the provincial government of Nueva Vizcaya under Act No. 337. This act was very important, for it served as the basis of all other special governments subsequently organized prior to the passage of Act No. 1396, which repealed all prior acts related to the organization of governments in special provinces. These provinces included the special provinces of Lepanto-Bontoc, Paragua, and Mindoro.21 210 Vide-The Provincial Government, ch. viii, supra. 211 Act No. 49 provided for the establishment of the provincial government of Benguet, composed of a provincial governor, a secretary, and an inspector, all of whom were appointed by the United States Philippine Commission. The governor was the chief executive of the province, exercised general supervision over the township governments in the province, and passed upon every act or ordinance of the township councils of the province. In case of failure on the part of the township council to legislate on important local matters, he could order them to do so and his order to this effect had the force of law. He acted as a provincial treasurer until a treasurer could be appointed. He was also the chairman of the board of assessors provided for in Section 19 of the Act. The provincial treasurer was the chief financial officer of the pro, vince. He supervised the accounts and finances of every township. The provincial inspector was charged with the periodical inspec

Page  182 182 LOCAL GOVERNMENT IN THE PHILIPPINES Provincial Government Under Act No. 1396.-The act known as the Special Provincial Government Act provided for the organization of provincial governments in all provinces which are not organized under the Provincial Government Act (Act No. 83, now Chapter 56 of the Administrative Code of 1917.) This Act was not made applicable to the Moro Province. Present Organization of Special Provincial Governments.-The present organization of special provincial governments is governed by Chapter 63 of the Administrative Code of 1917, which was made applicable to the Mountain Province and the provinces of Nueva Vizcaya, Mindoro, Palawan, and Batanes in 1919. It should be observed that prior to 1919, these special provinces were organized under the provisions of Act No. 1396 as amended, while tion of townships to ascertain whether or not the administration of their affairs was being honestly and efficiently conducted. The board of assessors was composed of the governor, the provincial secretary, and the president of the township where the property happened to be located. Its chief duty was to assess the value of all property in the province. Act No. 337 provided for the establishment of a provincial government in Nueva Vizcaya. The provincial government of Nueva Vizcaya under Act No. 337 was vested in the hands of a provincial governor, a provincial secretary-treasurer, a provincial supervisor and a fiscal. These officers were appointed by the Civil Governor with the advice and consent of the United States Philippine Commission. The Provincial governor had manifold duties to perform. Besides the ordinary duties required of any provincial executive, he was required to attend all the sessions of the Court of First Instance. He passed upon all the ordinances and acts of the township councils; and in case of failure of the township council to legislate on any matters pertaining to their own affairs, the governor could order them to do so. As a badge of his office, he was authorized to carry a walkingstick of white Indian cane with a gold head and gold cord. The secretary-treasurer was both the custodian of provincial public records and the chief fiscal officer of the province. He supervised the assessment of real-estate tax collection. He was to act as registrar of property pending the appointment of such a registrar for

Page  183 "MOROLAND" AND SPECIAL PROVINCES 183 the Department of Mindanao and Sulu was, up to 1913, governed by a special act designed primarily for the Departmnent. The Department was under a military governor until 1914, when civil government was instituted. Not to speak of the provinces in Mindanao-Sulu, the especially organized provinces are the Batanes, Palawan, the Mountain Province, and Nueva Vizcaya. All these provinces, with the exception of the Batanes and Palawan, are under the direct supervision of the Bureau of Non-Christian Tribes. The Provincial Officers in General.-The principal officers of the special provincial governments are the provincial governor, the provincial secretary, the provincial treasurer, and the third member of the provincial board. Prior to the passage of Act 2949, the duties of the secretary and the province. In case of the absence or vacancy of the governorship, he was to perform the duties of the governor. The provincial supervisor was in charge of the supervision of the construction, repair, and maintenance of all public works and buildings in the province. lie was given the power to appoint a permanent assistant and clerks in his office with the approval of the provincial board. The provincial fiscal was the attorney and legal adviser of the provincial and township government. The provincial board was composed of the provincial governor, secretary-treasurer, and the supervisor. The duties of the board were to provide suitable offices, courthouses, and a jail; to furnish a suitable vault for the use of the provincial secretary-treasurer; to provide for the construction and maintenance of all public works in the province; to determine boundary roads; to order the bringing of defense or a suit on behalf of the province; to order the payment of monthly salaries; to authorize the secretary-treasurer to deposit the surplus funds of the province in an approved bank; to hold regular weekly meetings; to provide for the appointment of minor employees; and to provide an official seal for the province. Under the provisions of Act No. 410, the province of LepantoBontoc was organized by making Lepanto, Bontoc, and Amburayan into a sub-province. Each sub-province was under a lieutenantgovernor. The provisions of Act No. 337 were made applicable to

Page  184 184 LOCAL GOVERNMENT IN THE PHILIPPINES the treasurer were in the hands of one person only,-the provincial secretary-treasurer. The act separated the office of the provincial secretary-treasurer into distinct offices and made Section 2098 of the Administrative Code of 1917 applicable to the especially organized provinces. The provinces of Batanes and Palawan were the first of these provinces to have their governors and third members of the board elected by the qualified electors of each province. Until June, 1922, the governors of the special provinces were appointed by the Governor-General with the advice and consent of the Philippine Senate. By virtue of Proclamation No. 29 of the Governor-General in 1920, the governors of the Provinces of Agusan, Davao, Nueva Vizcaya. and Zamboanga are now elected by the qualified voters of the respective provinces. The third members of the provincial boards of these provinces are also elected by the qualified voters of the provinces by virtue of Proclamations Nos. 40 and 6, series of 1924 and 1925, respectively, of the Governor-General; while those of Bukidnon, Cotabato, Lanao, the Mountain Province, and Sulu are still elected by the vice-presidents and councilors of the municipalities and municipal districts at a convention held for that purpose; but there is a provision for the gradual extension of suffrage to the people of the latter provinces. As soon as conditions in these provinces permit, all inhabthis province of Lepanto-Bontoc, and thus made its government and that of Nueva Vizcaya identical. Act No. 422 provided for the civil government of Paragua now known as the Province of Palawan. The government provided for in this Act was similar to that provided for the province of Nueva Vizcaya under Act No. 337. Act No. 500 provided for the organization of a provincial government in the Island of Mindoro and repealed Act No. 423 which provided for the extension of the Provincial Government Act and its amendments to the island of Mindoro and the incorporation of that island with the province of Marinduque.

Page  185 "MOROLAND" AND SPECIAL PROVINCES 185 itants will be allowed to elect directly the third member of the provincial board, as well as the provincial governor. The Provincial Executive.-The provincial governor is the chief executive of the province, and as such he sees to it that the laws are faithfully executed by all officers of the province. He presides over the provincial board. He exercises general supervision over the municipal officials and provincial employees. He may suspend any one of them for just cause. He visits every municipality at least once every six months and, while there, hears complaints against the conduct of any municipal officer. He is charged with the preservation of peace and order throughout the province. He promulgates general laws and governmental orders throughout the province, through the municipal presidents. Before the fifteenth of January of each year, he is required to make a report to the Director of the Bureau of Non-Christian Tribes wherein are set forth recommendations that would further the interests of the province. The Provincial Board.-The governor, the secretarytreasurer, and the third member constitute the provincial board. The duties and powers of the provincial board are not very different from those performed and exercised by the provincial boards of regularly organized provinces. The powers and duties of the provincial board are: to hold regular weekly meetings and such special meetings as the governor may call; to appropriate money for the general The officers of the province were the provincial governor, the provincial secretary, the provincial supervisor-treasurer, all of whom were appointed by the Civil Governor with the advice and consent of the Commission. It was also further provided that after March 1, 1903, the provincial secretary and the supervisor-treasurer would be selected under the provisions of the Civil Service Act. The duties of these provincial officers were like those of the provincial officers of Nueva Vizcaya.

Page  186 186 LOCAL GOVERNMENT IN THE PHILIPPINES welfare of the province and its inhabitants; to levy an annual tax upon real estate for provincial purposes; to provide suitable offices for provincial officers; to provide for the construction of provincial roads, bridges, and other public works; to order the payment of salaries and all indebtedness lawfully contracted by the province; to levy a cart and sledge tax for the maintenance and protection of provincial roads; to adopt rules and regulations for the control and suppression of agricultural pests; to provide all necessary schoolbuildings which are deemed necessary by the board; to make loans to municipalities; to extend by resolution the time for payment of land taxes; to remit for justifiable causes the land tax; to appropriate from the general funds the amount necessary for the support of one or two students in the University of the Philippines or some other institutions outside the provinces; to provide, in its discretion, for the payment of regular compensation to unclassified employees injured in line of duty; to authorize municipal councils of the capitals of the provinces and sub-provinces to fix the salaries of the municipal officers in those capitals; to order surveys necessary to determine the advisability of making public improvements; and to call a convention of all municipal presidents as may be required by the public needs. Other Provincial Officers.-Other provincial officers are the provincial fiscal, the health officer, and the provincial engineer. The provincial fiscal is the legal adviser of the provincial government and its officers. He represents the province and municipalities in all civil cases, directs the prosecution of crimes, and conducts investigations. The health officer is in charge of the health and sanitation of the province; recommends such measures as will

Page  187 "MOROLAND" AND SPECIAL PROVINCES 187 safeguard the public health; and enforces within the province sanitary laws, rules, and regulations. The engineer performs the same duties intrusted to such an official in the regularly organized provinces in connection with the construction of public works and permanent public improvements. Finance.-In some of the especially organized provinces, the duties of the secretary and treasurer are performed by one person known as the secretary-treasurer, while in the other provinces the office of provincial secretary has been separated from that of the provincial treasurer in accordance with the provisions of Section 2 of Act No. 2949. The treasurer or secretary-treasurer, as; the case may be, is the chief financial officer of the province and ex officio provincial assessor. He keeps the tax-assessment list of all real property in the province, collects taxes, keeps the funds and property of the province. He keeps a register of all certificates of registration issued in the province. All supplies and equipment for the use of provincial officers are purchased by him. He also acts as mining recorder of the province and keeps a record of all persons paying municipal licenses or a privilege tax. It is his duty to render such accounts as the district auditor may require of him. Besides these duties, he performs such other duties as may be required of him by the Department Treasurer.21 Development of Self-Government among the Non-Christian Tribes. 213-The problems presented by the non-Christian tribes were neither few nor insignificant. Some of the Tinguianes in Abra possessed a considerable degree of civ212 For townships and settlements in the especially organized provinces, vide ch. vii, Organization of Provinces, Municipalities and Minor Political Subdivisions after the Establishment of Civil Government, supra. 213 Vide infra ch. xiii, Supervision and Control of Local Governments.

Page  188 188 LOCAL GOVERNMENT IN THE PHILIPPINES ilization. Others like the Negritos were shown to be incapable of any appreciable degree of advancement. The Moros had a fairly well organized government system; other tribes had crude tribal governments; and in not a few cases the family was the only recognized social unit.214 Their problems were considered distinct from those of their Christian brothers who had enjoyed a certain degree of civilization under the Spanish regime. So when the Philippine Comrmission began to establish civil government in the Philippines, they enacted laws to suit the conditions peculiar to the non-Christian provinces. Non-Christian provinces were first organized under special acts of the Commission. Whenever the civilization of the inhabitants of a certain territory warranted the establishment of civil government, the Commission passed a law to that effect. The first non-Christian province especially organized was the province of Benguet, which was given civil government under Act No. 49 of the Philippine Commission. This step was taken as an experiment for the extension of government to the non-Christians. With a view to ascertaining from personal observation how Benguet laws were actually working and to determine the practicability of applying them to other non-Christian territories, Commissioners Worcester and Moses visited Benguet. The Commission found that the working of the provincial government was not very encouraging. It was the first government established and its officials met with numerous and serious obstacles, not the least of which was their isolation. The next province especially organized was Nueva Vizcaya under Act No. 337, which contained the most important characteristics of the Benguet Law (Act No. 49). 214 Report of the Philippine Commission (1900-1901).

Page  189 "MOROLAND" AND SPECIAL PROVINCES 189 Other provinces were organized under separate acts of the Commission until the general law, called the Special Government Act (Act No. 1396), was passed in 1905 under which special civil governments were organized in provinces that had not been organized under the Provincial Government Act (Act No. 83). Act 1396 was not made applicable to the Moro Province, for which a special law was enacted. The inhabitants of the especially organized provinces at first had little or no part in the administration of their affairs. They did not enjoy the right of suffrage. The officers of the provincial government were all appointed by the Governor-General with the consent of the Commission, because the state of civilization, in the opinion of the Commission, did not justify the extension of the right of suffrage to the inhabitants of those provinces. The provincial governors and third members of Palawan and the Batanes are now elected by the qualified electors of the provinces. In the townships, the governments were very similar to the government of municipalities in regularly organized provinces. The local officials were all elected by the qualified electors of the townships. Besides the townships, there were settlements, the simplest form of political sub-divisions in the Philippines. These townships and settlements were abolished and converted either to regular municipalities or municipal districts, at least in the regular provinces. In these municipal districts, the inhabitants enjoy no large measure of self-government. The municipal-district president is appointed by the governor of the province with the consent of the Director of the Bureau of Non-Christian Tribes. But in 1922 this Bureau made some innovations providing for the informal election or plebiscite of local officials, with a view

Page  190 190 LOCAL GOVERNMENT IN THE PHILIPPINES to sounding the people's choice. The result of these informal elections is used as the basis for the appointment of the municipal district president. Even after the establishment of the Philippine Assembly as the Lower House of the Philippine Legislature, the Philippine Commission retained exclusive legislative jurisdiction over non-Christian territories, including Mindanao and Sulu. Acts enacted by the Philippine Commission and the Philippine Assembly, jointly and as constituting both houses of the Legislature, were not applicable to Mindanao and Sulu unless otherwise specified in the act itself.215 The first acts of the Commission regarding the establishment of government in Mindanao were Acts Nos. 127 and 128 providing for the government of the provinces of Surigao and Misamis. The act that provides a detailed plan for the government of the Moros other than the inhabitants of Misamis and Surigao was Act No. 787. This act organized and provided for the government of the Moro Province.216 In accordance with the provisions of the Act, the whole province was divided into five districts. The government of the province was vested in the legislative council composed of the provincial governor, secretary, treasurer, attorney, superintendent of schools, and an engineer, all of whom were appointed by the Civil Governor of the Philippines with the consent of the Philippine Commission. The affairs of the province, though in the hands of the legislative council, were directly under the general supervision of the Civil Governor. Each district was under a district governor appointed 215 Explanatory note to the Administrative Code of the Department of Mindanao and Sulu, p. v. 216 The territory occupied by the provinces of Surigao and Misamis was excluded from this province, for a separate government had already been provided.

Page  191 "MOROLAND" AND SPECIAL PROVINCES 191 by the provincial governor by and with the consent and advice of the legislative council. Act No. 787 was subsequently repealed by Act No. 2408, known as the "Organic Act of the Department of Mindanao and Sulu", providing for a temporary government to pave the way for a permanent civil government. The Department was divided into the provinces of Agusan, Bukidnon, Cotabato, Davao, Lanao, Sulu, and Zamboanga, and a provincial government was provided for each province. The chief provincial officers were the provincial governor, provincial secretary-treasurer, and the third member of the provincial board. The provincial governor was appointed by the Department Governor subject to the approval of the GovernorGeneral, and the provincial secretary-treasurer was appointed by the Department Governor subject to the provisions of the Civil Service Act. One interesting detail of the organic law was the provision for the election of the third member of the provincial board by the councilors of the municipalities and the officers of the municipal districts. This meant a step forward in the participation of the Moros in the government, which they had not enjoyed before. But the provinces were only political subdivisions of the Department. The government of the Department was entrusted to the hands of the Department Governor, Department Secretary, Department Attorney, Department Treasurer, and Department Delegate. These officers, appointed by the Governor-General with the consent of the Commission, constituted the so-called Administrative Council which acted as an advisory board to the Department Governor. Department officers had the general supervision

Page  192 192 LOCAL GOVERNMENT IN THE PHILIPPINES over the governmental affairs of the provinces into which the Department was divided. But by the passage of Act No. 2878 in 1919, the Department of Mindanao and Sulu was abolished as a special political subdivision and the powers and administrative and supervisory duties vested in the Department were transferred to the Secretary of the Interior, who now exercises those powers and performs those duties through the Bureau of Non-Christian Tribes. At the present time, all the special provinces, except the Batanes and Palawan, are under the supervision of the Bureau of Non-Christian Tribes. The Non-Christian tribes are now enjoying the right to participate in the management of their local government through their representatives. Formerly, nearly all the governors in these special provinces were appointed; but since 1922, the governors of Zamboanga, Davao, Agusan, and Nueva Vizcaya have been elected by the qualified voters of the provinces; and so is the third member in the provinces of Agusan, Nueva Vizcaya, Zamboanga, and Davao, elected now. Except in a few municipalities where the presidents are still appointive, the presidents of municipalities in the non-regular provinces heretofore appointed are now elected. Municipal district presidents, although appointed, are now named in accordance with the result of a plebiscite held.21 All these concessions have been inspired by the benign policy of extending to the Non-Christian Tribes the blessings of popular government.218 217 Proclamations of the Governor-General Nos. 40 and 6, series of 1924 and 1925, respectively. 218 Vide Supervision and Control of Local Government, ch. xiii, infra.

Page  193 CHAPTER XII LEGISLATION AFFECTING PROVINCES, MUNICIPALITIES, AND OTHER MINOR POLITICAL SUBDIVISIONS Extension of Popular Control.-An examination of later laws affecting local political units will show that the most striking legislative feature, indicative of legislative policy, is the extension of popular control over them,. For the purpose of showing clearly the progress of legislation in this direction, it is regarded advisable to discuss the subject with special reference to political units which exist for purposes of local administration. (a) The Government of Townships and Settlements.For the sake of uniformity and in view of the progress attained by the people, those townships and settlements in the regularly organized provinces were abolished by Act No. 2824, and the municipal-district form of government in Mindanao and Sulu was adopted in their stead. The townships in the regular provinces were aggregated to the municipalities or organized as independent municipalities or municipal districts like those existing in Mindanao and Sulu, by order of the Governor-General, pursuant to the provisions of Act No. 2824. Formerly, in addition to the provincial and municipal laws applicable to the regular provinces and municipalities, there were provincial and municipal laws applicable to the provinces and minor political subdivisions in the Department of Mindanao and Sulu, as well as laws applicable to the other special pro193

Page  194 194 LOCAL GOVERNMENT IN THE PHILIPPINES vinces and political subdivisions therein. These later laws were found to be obsolete and no longer warranted by the progress made in these special provinces since the enactment of those measures. For this reason, and for the sake of uniformity as stated above, these laws were repealed and substituted with slight modifications by those in force in the former Department of Mindanao and Sulu-laws which proved to be highly progressive and contributory to the rapid political, social, and economic advancement of that region. (b) The Municipal Government.-Municipalites were and are still the principal political units of the provinces. It should be stated here, however, that our municipal government has been intended to be an autonomous political unit from the very beginning, the object being, in the words of President McKinley, to give the inhabitants of our local communities "the opportunity to manage their own local affairs to the fullest extent of which they are capable and subject to the least degree of supervision and control." 219 Formerly, the Executive Bureau performed duties in connection with the administration of provinces and municipalities which were imposed by mere executive requirement. This policy, in effect, rendered nugatory the autonomy of our provinces and municipalities. During the Harrison Administration, this practice was discontinued because it was regarded as a curtailment of the powers of provinces and municipalities and was contrary to the avowed policy enunciated by President McKinley in his Instructions. The popular character of our municipal government and its organization were, of course, retained; doubts were, whenever possible, resolved in favor of the autonomous character of the municipalities; a more detailed pro219 Instructions of President McKinley to the Taft Commission, cited in ch. i, supra.

Page  195 LEGISLATION AFFECTING PROVINCES, ETC. 195 cedure, hereinafter to be stated in the handling of administrative charges against municipal officials, was adopted and the executive control of the Governor-General over municipalities was transferred to the Secretary of the Interior. The power of the Secretary of the Interior, however, was exercised through the Executive Bureau. All these changes are now in force and are embodied in the Administrative Code of 1917 (Act No. 2711) as amended. There has been some attempt to enact a law granting the municipalities more extensive powers in the matter of local taxation and increasing the sources of local revenue and the amount of certain local taxes, in order that municipalities can dispense with Insular aid and voluntary contributions and thus be self-supporting. The attempt is being renewed with vigor and zeal. (c) The Provincial Government.-There appears to be a decided policy of extending more and more popular control over provincial governments as well. To this end, formerly appointive provincial offices were converted into elective positions. The provincial board that forms the legislative body in the province was formerly constituted by the provincial governor (elective), the provincial treasurer (appointed), and the third member (elective). By Act No. 2501, passed on February 5, 1915, the provincial treasurer ceased to act as a member of the provincial board and the Governor-General was authorized to appoint a new member to be chosen from among the municipal presidents whose term of office was made coincident with the term of the two elective members of the board. Inasmuch as municipal presidents are elected by popular vote, the effect of Act No. 2501, in requiring that the appointive member of the provincial board be chosen from among the municipal presidents of the province, was undoubtedly to extend popular control in the administration of provincial affairs in

Page  196 196 LOCAL GOVERNMENT IN THE PHILIPPINES the regularly organized provinces. Act No. 2586, enacted February, 1916, further extended popular control in the administration, by providing that thereafter appointive members of the provincial board shall be elected by popular vote. In 1914, the office of lieutenant-governor in the sub-provinces of Marinduque (Tayabas), later made a province, Catanduanes (Albay), Masbate (Sorsogon), later converted into a province, Siquijor (Oriental Negros), Abra (Ilocos Sur), subsequently made a province, and Romblon (Capiz), later made a province, was made elective. (d) The Government of Sub-Provinces.-The office of lieutenant-governor in the sub-provinces of Abra (Ilocos Sur), Catanduanes (Albay), Marinduque (Tayabas), Masbate (Sorsogon), Siquijor (Oriental Negros), and Rornblun (Capiz) was made elective, and thus popular control over the governments thereof was extended. 20 By further legislative enactments, Abra, Marinduque, Romblon, and Masbate were organized as regular provinces.221 (e) The Government of the Especially Organized Provinces.-Popular control was also extended in the especially organized provinces. In Mindoro, the Batanes, and Palawan, a third member, appointed by the Governor-General, was made a member of the provincial board instead of the supervisor.222 And in Nueva Vizcaya, the third member of the board was the superintendent of schools. The immediate executive supervision and control over these provinces, with the exception of the Batanes, were placed in the hands of the Secretary of the Interior; and all the acts of the provincial boards thereof could not take effect until they were approved by that official. The Mountain Province was further subdivided into six sub-provinces, and at 220 Acts Nos. 2354 and 2711. 221 Acts Nos. 2683, 2724, 2880, and 2934. 2s9 Act No. 2055.

Page  197 LEGISLATION AFFECTING PROVINCES, ETC. 197 the head of each was a lieutenant-governor appointed by the Governor-General. The office of the third member of the provincial boards of Mindoro, Palawan, and the Batanes was made elective.22 The superintendent of schools was eliminated as a member of the board of Nueva Vizcaya, and in his stead an elective third member was authorized by Act No. 2562. The office of industrial supervisor in the Mountain Province was also abolished and an elective member of the provincial board was authorized. 224 The office of governor of Mindoro, Palawan, and the Batanes was also made elective.225 Rlindoro was made a regular province.22. The province of Nueva Vizcaya and the Mountain Province were placed under the immediate jurisdiction and control of the Bureau of Non-Christian Tribes, under the administrative supervision of the Secretary of the Interior; and for the sake of uniformity, the provincial and municipal forms of government in force in Mindanao and Sulu were made applicable to them. 227 For the same reason, the provincial and municipal forms of government in Mindanao and Sulu were made applicable to the Batanes and Palawan; 228 and these provinces, in accordace with an understanding with the Secretary of the Interior, were placed under the immediate supervision and control of the Executive Bureau, under the general supervisory authority, of course, of the same Secretary. In this connection, it should be stated that, for the purpcse of establishing popular government and for the sake of uniformity, the government of the Department of Mindanao and Sulu was dissolved and discontinued as a special 223 Act No. 2498. 224 Act No. 2685. 225 Acts Nos. 2569, 2824, and 2887. 226 Act No. 2964. 227 Acts Nos. 2674, 2798, and 2913. 228 Act No. 2824.

Page  198 198 LOCAL GOVERNMENT IN THE PHILIPPINES political division by Act No. 2878, and the Governor-General was authorized by the same Act, upon certification of the Secretary of the Interior, to apply the provisions of the Election Law relative to provincial officers to the provinces under the jurisdiction of the Bureau of Non-Christian Tribes. Such provinces, of course. meant those of Mindanao and Sulu, Nueva Vizcaya, and the Mountain Province. All these legislative changes, succinctly described above, form tangible evidence of the progress achieved in the extension of popular control. As the important provincial and municipal offices are now elective, well-nigh the entire work of the provincial and municipal governments is being performed by the Filipino officials elected by popular vote. The foregoing changes were introduced gradually and were made necessary because of the progress made by the people in political, educational, social, and economic activities; and these changes, as they are now in force, are productive of very beneficial results which are shown elsewhere in this book. If we are to judge the future by past experiences, the continued advancement of the people of these Islands may be expected as a result of the beneficent influence of popular control over our local governments. A graphic illustration, showing the popular control over local governments under legislation in force during the periods from 1909-1913 and 1913-1921, is given below.

Page  [unnumbered] 0 ~~ ~ _ _ __ ____ GRAPHIC ILLUSTRATION SHOWING THE ADMINISTRATIVE SUPERVISION OVER AND EXTENSION OF POPULAR CONTROL TO LOCAL GOVERNMENTS IN THE PHILIPPINE ISLANDS PERIOD 0: 1909-1913 PERIOD: 1913-1921 |GOVERNOR-GENERAL ___ __ _ __-_ SECRETARY OF THE INTERIOR CHIEF, EXECUTIVE BUREAU DIRECTOR BUREAU OF #ON-CHRISTIAN TRIBES CITY GOVERNMENT (1) MANILA BAGU10 Mayor Municipal City Counappointed Board 10 cil, Mayor members Vice-"$yor with a and 3 President members elected 2 of whom are elected PROVINCIAL GOVERNMENT SPECIAL PROV'L. GOVT. (?) SPECIAL PR V'I. GOVT. DEnIME1T1 GOVERIIMENT (6) Governor elember Member PMlswan Bitsnes lountain Nueva lindanao nd Sulu elected elected elected PProince VizcyM _. 4 |^^^ 5| [4l 1 Iov!NceU PR n + ruA PkINCEI + PROVINCE81 Sua PROVI es I — Deputy Governor J lieutenant-Governor eppointed elected AgusIn Bukidnon Cotabato Davao Laeno | Sulu | Zamboo MUNICIPAL DISTRICTS IMUNICIPAL GOVERNMENT MUNICIPAL DISTRICTS \MUNIClPAL CDISTRICTS [6J MUNICIPAL GOVERNMENT ||MUN CIPAL D STRICT {0 I 3^1 MUNICIPAL GOVERNMENT President Vice-Pres- Councilors elected ident elected elected I President appointed Vice-Pres- Councilors President VIce-Pres- Councilors President VIce-Pres- Councilors ident appointee elected ideant elected appolnted ident appointed appointed electedappointed I ppointet - NOTES I LAUREL, JOSE P: Local Gouernment in the Philippine Islands, ch. xii (Manila, 1925) 1 The Department of the Interior exercises direct supervision and control over them cities. 2. In Mindoro. Pa!awan and Batanes. the offices of Governor and Third Member were made elective by Acts Nos. 2498 and 2824. Mindoro was abolished as a special province and made a regular province in 1921 by Act No 2964. 3. Municipalities and municipal districts With electiv official. Organization similar to munici. palities and municipal districts in Mindanao and Sulu. 4. Municipalities and municipal districts. Organization similar to that in Municipalities of Mindanao and Sulu. 5. The Department of Mindanao and Sulu as a special political oranlrtionft conflnued until May 4, 1920 when it was abolished by Act No. 2878. 6. Provincial boards of provinces where municipal districts exist legislate fo siuch districts. Yide ch. xi, footnotes, supra. 101 I _ L a

Page  [unnumbered]

Page  199 CHAPTER XIII SUPERVISION AND CONTROL OF LOCAL GOVERNMENTS The Executive Bureau Formerly.-The Executive Bureau was originally created on July 16, 1901, by Act No. 167 of the Philippine Commission, "to assist the Civil Governor in his executive duties." The Civil Governor being the Chief Executive representing the sovereignty of the United States in the Philippine Islands, it was natural that the Executive Bureau was at that time the most important bureau or department of the Government. The Executive Secretary was the right-hand man of the GovernorGeneral and performed many of those executive functions which by law were vested in the Chief Executive. The Exe' cutive Bureau was the coordinating, the directing center of the Central Government as well as of the governments of cities, regularly organized provinces and municipalities, townships and settlements. In fact, the executive control vested in the Central Government over provincial and municipal governments was exercised by the Governor-General through the Executive Secretary; and this policy was in accordance with Section 5 of Act No. 222 of the Philippine Commission.229 The especially organized provinces and the political units therein, like townships and settlements, were under the control and supervision of the Secretary of the Interior. 229 "... The executive control vested by law, however, in the Central Government over provincial and municipal governments and the civil service, shall be exercised directly by the Civil Governor through the Executive Secretary." (Section 5, Act No. 222). 199

Page  200 200 LOCAL GOVERNMENT IN THE PHILIPPINES Reorganization of Executive Departments.-In the early days of American occupation, the President of the United States, by virtue of his war powers, directed the establishment of four executive departments; to wit, the Department of the Interior, the Department of Commerce and Police, the Department of Finance and Justice, and the Department of Public Instruction. Accordingly, the Philippine Commission passed Act No. 222, creating the four executive departments named and the bureaus and offices under the supervision and control of each department. The action of the President of the United States and of the Philippine Commission in establishing these executive departments was approved, ratified, and confirmed by Congress in the Organic Act of July 1, 1902, section 1. Act No. 222, as subsequently amended by Act No. 1407, was responsible for the establishment of executive departments and the different bureaus and offices thereunder, up to 1916.230 The organization of executive departments was later found illogical and unscientific, and Acts Nos. 2666 and 2803 were enacted by the Philippine Legislature reorganizing the executive departments of the Government. 231 280 Kalaw, Maximo M.: The Present Government of the Philippines, (Manila, 1921), page 19. '31 "'The mere mention of the names given to these departments', said Senator Palma, 'shows that organization to be theoretically defective. No country in the civilized world has organized a department of commerce and police, because commerce and police involve completely contrary and antagonistic ideas. The commerce is essentially pacific, while the police is essentially warlike. Nor is it good logic to join finance and justice, because, as the chairman of the select committee which has had this bill under examination said very well yesterday, finance and justice do not imply homogeneous ideas, nor do they include identical functions; on the contrary, our experience leads us to affirm that the jurist does not always have a thorough knowledge of finance, but that in the majority of cases lawyers are the poorest financiers of the world at least so far as the management of their own interests is concerned.

Page  201 CONTROL OF LOCAL GOVERNMENTS 201 The Executive Bureau continued to be under the control and supervision of the Governor-General until the "'Act No. 1407 reorganized the departments and bureaus and offices of the Government, abolishing certain bureaus and offices and creating others in their stead. "'This organization was not better than the previous one, because under it bureaus whose activities were very dissimilar were kept in the same department. In the Department of the Interior, the Bureau of Health remained side by side with that of Lands and the Bureau of Agriculture with that of the Quarantine Service. In the department of Commerce and Police the Constabulary continued side by side with the Bureau of Public Works and the Bureau of Posts together with that of Port Works. The Department of Finance and Justice still performed its legal functions at the same time as the work of collecting customs dues and internal revenue taxes. The Department of Public Instruction continued to solve educational problems and have charge at the same time of the Bureaus of Supply and Printing, a rare combination, indeed.' "In the reorganization of the Departments, the plan of the Efficiency Board was chiefly followed. Instead of the old four departments there were to be six departments to correspond to 'the six principal purposes which a fairly well organized government has to accomplish; to wit: (1) "'The political direction of the various local administrative units, such as departments, provincial and municipal governments, and special governments'-The Department of the Interior; (2) "'The guardianship of the State over the mental development and physical welfare of the citizens'-The Department of Public Instruction; (3) "'The collection of the public revenues and administration of the finances and business of the government'-The Department of Finance; (4) "'The enforcement of the law and maintenance of order and safeguarding of the citizens and their rights'-The Department of Justice; (5) "'The guardianship in connection with the preservation of the natural resources and the development of its sources of wealth'The Department of Agriculture and Natural Resources; and (6) " 'The carrying out of such work and services as can not be performed by private citizens, conducive to the common welfare and public prosperity'-The Department of Commerce and Communications." Vide Kalaw, Maximo M.: The Present Government of the Philippines (Manila, 1921), pp. 19-20.

Page  202 202 LOCAL GOVERNMENT IN THE PHILIPPINES passage of the Reorganization Act, No. 2666, 232 which placed this bureau-as well as provinces, municipalities, and chartered cities-under the executive control, direction, and supervision of the Department of the Interior. As a result of this reorganization, the Executive Bureau had to be separated from the Office of the Governor-General and to be divested of imany of those executive functions pertaining to the latter office. Accordingly, certain matters like pardons, extraditions, appointments, executive orders, proclamations, and reservations of lands were transferred to or retained by the Office of the Governor-General. The work, however, pertaining to regularly organized provinces and municipalities was, in the nature of things, retained by the Executive Bureau. Another bureau, the Bureau of Non-Christian Tribes, was created by the Jones Law (Section 22) to take over the work in the non-Christian regions. The work pertaining to the Department of the Interior under the old organization was taken over by the Bureau of Non-Christian Tribes, and this Bureau was placed under the newly organized Department of the Interior. In the graphic illustration given in the preceding chapter, there are also indicated the various steps taken leading to the transfer of the supervision and control over local governments to the Department of the Interior as presently constituted. The Department of the Interior: Administrative Supervision and Control over Local Governments: Its Agencies.-By virtue of the provisions of Section 81 of the Administrative Code of 1917, as amended, the Department of the Interior has executive supervision over the Executive Bureau, the Bureau of Non-Christian Tribes, the Philippine Constabulary, the Philippine General Hospital, the City of 232 Later amended by Act No. 2803.

Page  203 CONTROL OF LOCAL GOVERNMENTS 203 Manila, the City of Baguio, the Office of the Public Welfare Commissioner, the Metropolitan Water District, and the five Boards of Examiners.233 From those bureaus and offices grouped under this Department, it can readily be seen that the activities of the Department reach all branches of the Insular, provincial, and municipal governments, so that upon it depends in a large measure, as has been aptly said by the highest executive authority of the Philippines, "the harmonious and successful conduct of the Insular Government as a whole." 234 In its broader aspects, the Department has functions which are not all confined to the general supervision of the bureaus and offices under it, but are extended to the determination of policies to be pursued by the agencies through which it performs these functions. The administrative supervision and control of the Secretary of the Interior over provinces, municipalities, chartered cities, and other political sub-divisions are exercised through the 'Executive Bureau with regard to the thirty-seven regularly organized and two special provinces and the political units therein, and through the Bureau of Non-Christian Tribes in relation to the nine especially organized provinces and the local units therein. Through both of these bureaus and the Bureau of Constabulary, it seeks to maintain peace and public order throughout the Archipelago, preserves the friendly relations between local officials and the people, and promotes the general welfare and advancement in civilization of the non-Christian elements. Through the Office of the Public Welfare Commissioner, the Department undertakes to promote the public and social welfare work in the provinces and munic233 Medical, dental, pharmaceutical, nursing, and optical. 234 Vide Annual Report of the Governor-General, 1922 p. 11.

Page  204 204 LOCAL GOVERNMENT IN THE PHILIPPINES ipalities, mainly through the organization of puericulture centers. The Department of the Interior, by virtue of its supervisory authority, issues department orders for the purpose of securing the harmonious administration of the bureaus and offices under it. Through its personnel, periodical trips are made to the provinces and municipalities to observe the progress made therein, to help establish and maintain a better understanding with and between the officials concerned, and thereby secure harmony and efficiency in provincial and municipal administration. In the field of legislation, the opinion or recommendation of the Department of the Interior is generally sought by the Legislature in matters affecting local government and administration. The Department advocates legislative measures designed to promote the welfare of the provinces and municipalities. While the Legislature may pass laws contrary to the recommendation of the Department, the course generally followed is to act, in important measures at least, after due consultation with the Department. Besides the foregoing, there are a number of matters that come to the Department for determination. It readjusts the salaries of provincial officials. Its sanction is required, among other things, when a province or a municipality institutes condemnation proceedings, or opens or closes streets, thoroughfares, plazas or squares. in the matter of filling vacant municipal positions when the vacancy is caused by failure to elect, when the officer-elect declines to qualify or dies before qualifying, or there is no successor for any other reason; in the granting of aids to Insular and provincial charitable institutions and for exhibition purposes; in requests for authority to pay hospital

Page  205 CONTROL OF LOCAL GOVERNMENTS 205 fees, medical expenses, and salaries of provincial employees and laborers injured in line of duty; in the concession of provincial loans to municipalities for public purposes; in requests for the payment of salaries of suspended municipal officials during the period of their suspension; in increases of the salaries of municipal officials in excess of those authorized by law; in requests for incurring overdraft; and in many other matters of minor importance, the sanction of the Department of the Interior is the sine qua rnn In a number of controversial matters such for example as provincial and municipal boundary disputes, and administrative cases against certain local officials, appeal is allowed to the Secretary of the Interior whose decision on the matter is made final. The Department of the Interior is charged with varied and multifarious important functions. Given executive control and supervision over the Insular Police as well as over the government of provinces, chartered cities, municipalities, municipal districts, and other local political subdivisions, as indicated above, the Department of the Interior must necessarily assume the heavier burden of responsibility for the peace, happiness, and prosperity of the people of the Philippine Islands. With respect to our local governments, it has to pursue a plan of administration which is at once broad and comprehensive, to include: 1. The maintenance of the fundamental conditions of peace and public order assuring a permanent stable government throughout the Philippine Islands; 2. The progress of our provinces, cities, and municipalities in social, economic, and political activities, especially the concession of local autonomy compatible with efficient supervision by the Central Government;

Page  206 206 LOCAL GOVERNMENT IN THE PHILIPPINES 3. The advancement of the non-Christian elements to equality and their consequent unification with the civilized Christian inhabitants; and 4. The promotion of public and social welfare work in the provinces, municipalities, and municipal districts. Functions of the Executive Bureau.-Technically, the Department of the Interior is the co-ordinating center of provincial and municipal administration. In actual practice, however, it is the Executive Bureau in the case of regular provinces and political units therein, and the Bureau of Non-Christian Tribes in the case of the especially organized provinces and political units therein, that directly undertake the work. Under Section 820 of the Administrative Code, which provides that, "through the Executive Bureau, shall be exercised, conformably with law, the administrative supervision and control of the Secretary of the Interior over provinces and municipalities, chartered cities, and other political divisions not being in the territory under administrative supervision of the Bureau of NonChristian Tribes;" and under Section 704 of the Administrative Code, which provides that, "through the Bureau of Non-Christian Tribes, shall be exercised the supervision and control of the Secretary of the Interior over the government of the provinces, municipalities, and other political divisions of Mindanao and Sulu, the Mountain Province, and the Province of Nueva Vizcaya", these two offices, in addition to specific powers granted, exercise direct supervisory authority over local governments. This supervision may consist either of inspection or of regulation, of restraining or compelling action. The Executive Bureau and the Bureau of Non-Christian Tribes accomplish this work rarely by resorting to compulsion. Persuasion is the means generally employed, by pointing out to local officials that,

Page  207 CONTROL OF LOCAL GOVERNMENTS 207 in the interest of good government, a certain line of conduct or action should be observed or followed. This procedure is in line with the policy of local autonomy. The matters connected with the administration of our provinces and municipalities, which receive the attention of the Executive Bureau, are many. Among the most important may be mentioned the determination of appeals of municipal councils or municipal presidents from the disapproval of their resolutions or executive orders by provincial boards; the review of resolutions of provincial boards and executive orders of provincial governors; and the examination of the provincial budgets, administrative reports, and provincial assessors' reports. The Bureau gives advice on the proper enforcement of the provisions of the Election Iaw and investigates reported cases of violation of this law by local officials; supervises local finances; approves the plantillas (lists of personnel and their salaries) of the provinces under its jurisdiction, including that for the City of Baguio; attends to petitions for the creation of new political subdivisions or the reorganization and dissolution of existing ones: reviews all questions pertaining to boundary disputes; cooperates with the Bureau of Agriculture in campaigns to suppress animal epidemics; wages campaigns against gambling and other vices; approves requisitions of provinces and municipalities; prepares new realty valuations for a general revision of assessment; receives appeals from realty assessments and protests against the levy of excessive taxes; acts on requests for aid for the construction of public improvements; approves sites for the construction of public improvements; and assists provinces in securing competent personnel. The Executive Bureau cooperates with other entities or branches of the Government in connection with work undertaken by them in provinces, such as

Page  208 208 LOCAL GOVERNMENT IN THE PHILIPPINES Clean-Up-Week and the collection of voluntary contributions for the Red Cross, the Anti-Tuberculosis Society, the AntiLeprosy Society, and kindred other organizations. In addition to the foregoing, the Executive Bureau acts as an administrative court in the disposition of administrative cases against the provincial and municipal officials. One of the ways by which the functions of the Executive Bureau are exercised is the issuance of circulars which cover a wide variety of subjects. The Bureau of Non-Christian Tribes.-The Bureau of Non-Christian Tribes is intrusted with the supervision of those parts of the Philippines which are inhabited by nonChristian peoples; to wit, the Mountain Province, the Province of Nueva Vizcaya, and the provinces in what was before the Department of Mindanao and Sulu. The functions of the Bureau of Non-Christian Tribes are similar to those of the Executive Bureau in its relations with the regular provinces and municipalities. The highest official of the Bureau is the Director, who is charged with the general supervision and control of the provincial and municipal governments under its jurisdiction. Among the important powers which he exercises, under the authority of the Secretary of the Interior, are: to approve or disapprove, in whole or in part, any provincial appropriation; to direct, in his discretion, the prosecution or defense of suits on behalf of the provincial and municipal governments and to compromise such suits upon the recommendation of the attorney and the approval of the judge of the court of first instance for the district; to remit the collection of the land tax in a province, in whole or in part, for a period not exceeding one year at a time; to approve or disapprove provincial requisitions; to authorize municipal councils of the capitals of provinces to fix the salaries of the municipal officers of

Page  209 CONTROL OF LOCAL GOVERNMENTS 209 those capitals at an amount higher than that authorized in the scale regularly established according to the class of municipality; to approve the extension of the time for the payment of the land tax without penalty for a period not exceeding six months; and to approve the appointments of provincial employees and municipal-district officers. He is also empowered 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 Bureau or any of the provinces, municipalities, or other political subdivisions therein, and to designate a suitable person to make such an investigation and to take the testimony of any person or persons which, in his judgment, may be relevant thereto. In case of disturbances, he may request the Governor-General to ask for the assistance of the Federal troops; and in great emergencies, he may call directly upon the nearest commanding officer of the United States military forces. One of the first acts approved by the Philippine Legislature, after the enactment of the Reorganization Law, was Act No. 2674, which makes certain provisions relative to the work of the Bureau of Non-Christian Tribes. The underlying principle of that law is "to continue the work for advancement and liberty in favor of the regions inhabited by non-Christian Filipinos and to foster by all adequate means and in a systematic, rapid, and complete manner the moral, material, economic, social, and political development of those regions, always having in view the aim of rendering permanent the mutual intelligence between and the complete fusion of all the Christian and non-Christian elements populating the provinces of the Archipelago." The final objective of the organization of the Bureau of Non-Christian Tribes is obviously the eventual dis

Page  210 210 LOCAL GOVERNMENT IN THE PHILIPPINES continuance of the Bureau by the transfer of its territory to the jurisdicion of the Executive Bureau, as regularly organized provincial territory, as rapidly as the people, by their advance in civilization, shall have qualified for such autonomous provincial and local government. Every step taken has that objective in view. Thus, after the sucessful Filipinization of the Government of the Department of Mindanao and Sulu, the Department Government was formally abolished; and the provinces comprising it were placed under the direct supervision of the Bureau of NonChristian Tribes. Then again, upon the recommendation of the Department of the Interior, proclamations were issued by the Governor-General calling for the election by the qualified voters of the provicial governors and third members in the provinces of Agusan, Davao, Nueva Vizcaya, and Zamboanga.235 285 Vide The Election of Local Officials, ch. xv, infra; Proclamations Nos. 29, 40, and 6, series of 1920, 1924, and 1925, respectively.

Page  211 CHAPTER XIV THE ELECTION OF LOCAL OFFICIALS Underlying Principles.-Theoretically but fundamentally, the only source of political power is the people. The people are sovereign; but in practice, this sovereignty is exercised by the representatives of the people. The basis of representation is suffrage. As Daniel Webster said, "The right to choose representatives is every man's part in the exercise of sovereign power. To have a voice in it, if he has the proper qualifications, is the portion of political power belonging to every elector. This is the beginning. That is the mode in which power emanates from its source and gets into the hands of conventions, legislatures, courts, and executive officers. It begins in suffrage. Suffrage is the delegation of the power of an individual to some agent." 236 The right of suffrage is, however, a political 236 Webster's Works, vi, pp. 221-227. Cited in McCrary, George W.: The American Law of Elections 4th ed. Chicago, 1897, p. 13(n) and in Laurel, Jose P.: Election Law, Annotated (Manila, 1925) pp. 4-5. "This being so, then follow two other great principles of the American system: First, the right of suffrage must be guarded, protected and secured against force and against fraud; and second, its exercise must be prescribed by previous law." "In democracies the people, combined, represent the sovereign power of the State. Their sovereign authority is exercised through the ballot, of the qualified voters, in duly appointed elections held from time to time, by means of which they choose their officials for definite and fixed periods, and to whom they entrust, for the time being, as their representatives, the exercise of the powers of government." Garchitorena v. Crescini (1918) 39 Phil. 258, 263, Laurel, Jose P.: Election Law Annotated (Manila, 1925), p. 5. 211

Page  212 212 LOCAL GOVERNMENT IN THE PHILIPPINES right, or rather a franchise wholly dependent upon law. It is not among the natural rights of man. Therefore, it may be withheld or taken away at the pleasure of the sovereign power; and if so withheld or taken away, no vested right is violated. The contrary rule obtains in other jurisdictions. The Filipino people have been given the right to participate in this government through the exercise of the important right of suffrage, and this right should be guarded most vigilantly. 287 The power to regulate elections is legislative; that is, it is exercised by the law-making branch of the government. As stated elsewhere in this work, 238the Filipinos in reality never enjoyed any degree of self-government under the Spanish domination. Elections there were because "elections" they were called. The Maura Iaw attempted to liberalize municipal laws, but perpetuated the principalia 237 "Such a right is among the most important and sacred of the rights of the people in self-government, and one which must be most vigilantly guarded if a people desires to maintain for themselves and their posterity a republican form of government in which the individual may, in accordance with law, have a voice in the form of his government. If republics are to survive and if the people are to continue to exercise the right to govern themselves and to participate directly in the affairs of their government by selecting their representatives by secret ballot, then the maxims of such a government must be left to the watchful care and reverential guardianship of the people. Eternal vigilance is the price paid by a free people for a continuance of their right to participate directly in the affairs of their government." (U. S. v. Iturrious (1918) 37 Phil. 762, 765.) "Suffrage is undoubtedly one of the most impytant political rights appertaining to citizenship. If exercised with piity and a noble purpose, it is the security of popular government. On the other hand, if perverted or basely surrendered by those in whose hands the law has entrusted its safeguard and protection, it serves instead to undermine the entire edifice of democratic institutions." (Author, in Provincial Circular, Unnumbered, Executive Bureau, March 10, 1922). 288 ch. iv, supra.

Page  213 ELECTION OF LOCAL OFFICIALS 213 class and thereby sanctioned and fostered local aristocracy.239 One of the well-founded grievances of the Filipinos against Spain was the denial to them of participation in the administration of local affairs. There was concededly excessive centralization of powers in the Government at Manila. This was the reason which urged the Filipino statesmen, when they came to frame the "Aguinaldian" constitution, to be careful in laying down certain fundamental principles of local government "upon the basis of the most ample administrative decentralization and autonomy."240 And when the first Philippine Commission came to investigate local conditions, they readily reported that the "desire of the people to manage their own affairs" was "an ardent passion." 241 And how else could this legitimate desire of the people be satisfied than by giving them freedom to choose their own local officials without embarrassment and corruption? Guided by America's ever-pervading liberal spirit, the Filipino people were, even during military occupation, granted the right of suffrage in the election of local officials so that they might be encouraged in their "just and natural aspirations to become educated and worthy to enjoy all the benefits of civilization".242 As early as 1899, an election was held in Baliuag, Bulacan, in response to a public petition, which is said to have been the first to be held under American supervision.24 The Australian Ballot System.-It is said that the Australian Ballot System was originated by Mr. Francis S. 239 Vide ch. iv, sura 240 Arts. 57 and A, Malolos Constitution. 241 Report of the Philippine Commission (1900), p. 90. -42 General Orders 40, Series 1900, Appendix G, Laurel, Jose P.: Election Law Annotated (Manila, 1922) p. 14. 243 Malcolm, George A.: The Government of the Philippines, (Manila, 1916), p. 199; Le Roy, James A.: The Americans in the Philippines, II, pp. 68, 283.

Page  214 214 LOCAL GOVERNMENT IN THE PHILIPPINES Dutton, at one time member of the Legislature of South Australia from 1851-1865. The system appears to have been adopted for the first time in Victoria in the year 1856, though first agitated in South Australia.24 The English Ballot Act (Statutes 35 and 36, Victoria Ch. 33) was passed by the English Commons on May 30, 1872, embodying the bold features of the South Australian Act. 245 European countries followed suit later. 246 In the United States, the states of Massachussetts, Indiana, Wisconsin, and Montana were among the first to adopt the Australian Ballot System, which was also adopted later by the other states of the Union. 247 One of the principal objects sought to be accomplished by the Australian Ballot System is the preservation of the secrecy of the ballot. To effect this purpose, detailed I rovisions are found in regard to the selection of pollingplaces, the construction of booths, ballot-boxes, and guardrails, the appointment of officers of election, and the inter244 It was also adopted in Tasmania and New South Wales in 1858, by New Zealand in 1870, and later by Queensland and West Australia. McCrary, George W.: The American Law of Elections (Chicago, 1897), p. 600. 245 Following its adoption by England came the introduction of the system in British Columbia in 1873; in the province of Ontario, March 24, 1874; in Canada, May 26, 1874; in the province of Quebec, February 23, 1875; in Nova Scotia, May 6, 1875; in the Northwest Territories, December 18, 1885; and in Manitoba, May 28, 1886. McCrary, George V.: The American Law of Elections (Chicago, 1897) pp. 500 -501; Laurel, Jose P.: Election Law, Annotated, (1922). 246 Belgium adopted the English system somewhat simplified and Norway laws providing for the secrecy of the ballot are in force, resembling in many respects the Australian Ballot System. McCrary, George W.: The American Law of Elections (Chicago, 1897) p. 501; Laurel, Jose P.: Election Law, Annotated (Manila, 1925) p. 13. 247 On the introduction of the Australian System in the United States, vide: ibid. ch. xxii pp. 499-528; Vide also Wigmore, J. H.: The Australian Ballot System (Boston, 1889).

Page  215 ELECTION OF LOCAL OFFICIALS 215 vention of police officers. Each booth is so constructed as to admit but one elector at a time, but it is also big enough to permit the presence of other persons in the case of disabled or incapacitated voters. A sufficient number of booths are provided to avoid crowding or inconvenience. Then, too, voting-booths and ballot-boxes are so constructed and placed to be in view of people outside the guard-rail. The aim of the system is to secure the purity of election through the untrammnelled and free expression of the popular will. To conserve the purity of election, the law allows certain persons only in and around the polling-place and prohibits certain officials and employees from attempting to influence elections.248 As stated, by Judge Trent, "to banish the specter of revenge from the minds of the timid or defenseless; to render precarious and uncertain the bartering of votes; and, lastly, to secure a fair and honest count of the ballots cast,-is the aim of the law." 249 The Election Law provides for the greatest secrecy in casting the ballot and at the same time the greatest publicity-secrecy of the contents of the particular ballot cast, but publicity respecting the manner of preparing and casting it. The full publicity of everything that happens from the time the voter enters the polling-place until he goes out of it, except of course, regarding the contents of the ballot he casts, is the strongest factor that protects him against undue influence, imposition, coercion, intimidation, and fraudulent practices in the exercise of his franchise. It cannot be permitted that publicity be abridged in the slightest degree.250 Another distinguishing characteristic of the system 248 Sections 448 and 449, Administrative Code of 1917. 249 Gardiner v. Romulo, (1914) 26 Phil. 521, 650. 250 Manalo v. Sevilla (1913) 24 Phil. 609, 626.

Page  216 216 LOCAL GOVERNMENT IN THE PHILIPPINES is the fact that the ballot is printed officially at public expense and under close official supervision. Introduction of the System in the Philippines.-The Australian Ballot System, in its modified form, was implanted in the Philippines through the promulgation of Act No. 1582 of the Philippine Commission on January 9, 1907. This Act is entitled "The Election Law", and it was in force until the year 1916 when the Administrative Code of 1916 was adopted and the Election Law incorporated as Chapter 20 thereof. In framing this Law, the election codes of Massachusetts, New York, the District of Columbia, and California were consulted and features adopted from each, modified in such a way as to meet local conditions and to avoid the mistakes and abuses that had arisen in some provincial and municipal elections in the Islands.25' Later, the Administrative Code of 1917 (Act No. 2711) was promulgated to supersede that of 1916, and the Election Law was embodied in the new measure as Chapter 18, which, as amended by Acts Nos. 3030 and 3210, approved by the Philippine Legislature on March 9, 1922, and December 6, 1924, respectively, now constitutes the Philippine Election Law. In its essential details, the Law is a counterpart of the ballot laws in force in the United States and is generally called the Australian Ballot Law. 252 Supervision of Elections by the Executive Bureau.The Executive Bureau is the office of the Central Government charged with the direct supervision of local authorities in the due execution and enforcement of the Election Law. This office is enjoined by law to see to it that the local officials concerned perform the ministerial duties 251 Report of the Philippine Commission (1907), Part I, p. 5; Report of the Philippine Comtission (1906), Part I, p. 154. 252 Gardiner v. Romulo (1914) 26 Phil. 521, 550, Laurel, Jose P.: Election Law, Annotated (Manila, 1922) p. 13.

Page  217 ELECTION OF LOCAL OFFICIALS 217 imposed upon them by law, and may for this purpose require the aid of the Bureau of Justice, designate as its deputies the provincial fiscals and other officials of the Government, whose services may be necessary to insure an orderly, free, and honest election. Whenever there is a doubt concerning the duties to be performed by an election official in a given case, the inquiry is usually sent to the Executive Bureau before action is taken. The Executive Bureau, for example, is called upon to see to it that polling-places are constructed or arranged in accordance with the requirements of the Election Law; and when there is a doubt on the proper construction or arrangement of any polling-place, the inquiry is addressed to the Executive Bureau which issues the necessary instructions. 253 The General Election Law.-The election of local officials in the Philippines is governed by a general law applicable to "all elections for public officers in the Philippine Islands."254 A general election of officers-Insular, provincial, and municipal-is held on the first Tuesday in June of 1925 and every three years thereafter, 25unless postponed by the Governor-General by reason of rebellion, sedition, ladronism, or public calamity.256 The question of whether or not national and local elections should be held on the same date is a mooted question even in the United States. There are advantages pointed out for holding both elections on the same day. It is asserted that the policy will lead to the saving of expenses. Elections, indeed, are quite costly. The registration of voters, the printing of ballots, the payment of 253 Provincial Circular, Unnumbered, Executive Bureau, March 10, 1922. 254 Section 392, Administrative Code of 1917. 255 Section 393, Ibid. 256 Section 394, Ibid.

Page  218 218 LOCAL GOVERNMENT IN THE PHILIPPINES election officers, and the purchase of stationery constitute no negligible item of expenditure which falls upon the public treasury directly, and indirectly upon the community. And if to these expenses are added the incidental outlays of candidates and campaigners, it will readily be found that the item is quite a drain upoh the public treasury and the individual purse. Then, too, it is averred that the practice insures the polling of a large percentage of votes. Indeed, it needs no argument to show that if local elections are held separately, popular interest will abate and will not be so keen. In the Philippines, the impression is that the people of this country take more interest in local elections; but there is no denying the fact that the interest is intensified by the election of Insular officials at the same time. Then, also the holding of two separate elections will take up too much of the attention and time of the citizens, especially in the Philippines, where elections are held at short intervals of three years. With one election every three years, we have enough to keep us fidgety, as political excitement begins to brew much ahead of time. On the other hand, the serious objection to the holding of local elections on the same date is the identification of national and local politics. This confusion is said to be not conducive to division upon local issues, as national parties have necessarily no bearing upon local issues. In the Philippines, however, where municipal development is in its early stage, where the law provides for no nomination methods or the holding of party conventions, and where candidates for municipal offices are brought forward by their friends or do come forward on their own initiative, the objection is not considered of weight or application to local conditions; and experience seems to justify the po

Page  219 ELECTION OF LOCAL OFFICIALS 219 licy adopted of holding both Insular and local elections on the same date. Election Precincts.-A precinct is the unit of territory set apart for the purpose of voting, and each municipality is required to have at least one precinct. 27 The municipal council fixes the limits of each precinct which shall comprise, whenever possible, contiguous and compact territory. No one precinct can have more than 300 voters. Maps or plans of precincts are to be posted at the pollingplaces. 258 Polling-Places.-In each election precinct, a pollingplace is designated by the municipal council, which sees to it that the place is of sufficient size to accommodate twenty electors. Not more than one polling-place shall be in the same room, and not more than two polling-places shall be in the same building. No building owned or inhabited by a candidate can be used as a polling-place. The polling place shall have in front a sign showing the precinct to which it belongs; and on the days of the meetings of the board of inspectors, the place shall display the flags of the Government.259 Voting-Booths.-In each polling-place, there shall be a sufficient number of voting-booths, not less than one for every fifty voters. The booth is to be constructed in accordance with the official specifications given. 260 Ballot-Boxes.-Ballot-boxes are furnished by the Executive Bureau in accordance with official requirements and are solidly constructed. Each inspector is provided with one key, and all the keys are to be turned over to the municipal treasurers, who deliver the keys thus: one to the pro257 Section 409, Administrative Code of 1917. 258 Section 410, Ibid. 259 Section 414, Ibid. 260 Section 415, Ibid.

Page  220 220 LOCAL GOVERNMENT IN THE PHILIPPINES vincial treasurer, one to the clerk of the court of first instance, and the other to the Chief of Constabulary. There are two ballot-boxes: one box for valid ballots and the other for spoiled ballots. 261 The municipal treasurer retains the ballot-boxes in his possession, subject to the order of competent authorities. 262 Election Officers.-The election officers are the three inspectors of election and the poll-clerk who together constitute the board of inspectors. They and their substitutes are appointed by the municipal council ninety days immediately prior to the date of the general election. If there are one or more political parties, branches, factions, or groups, two inspectors and two substitutes are appointed from the political party or group which polled the largest number of votes in the municipality in the preceding election, and the other inspector and his substitutes from the party or group which polled the next largest number of votes. 268 Representation upon the board of inspectors is a matter that has received careful attention in the Legislature, and yet the arrangements are far from satisfactory, judged by adjudicated cases, both judicial and administrative. The inspectors of election and the poll-clerk are required to be qualified electors of their respective precincts, of good character, not convicted of an offense involving moral turpitude, and must be able to read, write, and speak either English, Spanish, or the local language. They take an oath that they will honestly and justly discharge their duties.264 They meet and elect one of their number as chairman before entering upon the performance of their duties, and ample provisions are provided by law in re261 Section 414, Administrative Code of 1917. 202 Section 468, Ibid. 263 Section 417, Ibid. 264 Section 419, Ibid.

Page  221 ELECTION OF LOCAL OFFICIALS 221 gard to the filling of vacancies. 25 The board or any member thereof has full authority to preserve peace and good order at the meetings of the board and around the polls.266 The inspectors and poll-clerks receive compensation for each day of service, to be fixed by the municipal council; and this remuneration shall be not less than five or more than fifteen pesos a day. 267 The Filing of Certificates of Candidacy.-Candidates for provincial and municipal offices are required to file certificates of candidacy wherein they shall state that they announce their candidacies or permit such candidacies to be announced; that they are residents of the province or municipality in which their candidacies are presented, and that they are qualified electors and are eligible to the offices. In these certificates, they are also required to state the name or names of the political party or parties to which they belong, or that they belong to none, and also give their post-office addresses for electoral purposes. A group of not less than ten electors may likewise file the certificate of candidacy, for any municipal office, of any person consenting or permitting his candidacy to be announced. In case there are two or more candidates for the same elective office who have the same name and surname, any one of them who has at any time been elected to any elective provincial or municipal office may continue using the name and surname set forth in his previous certificate of candidacy, while the other shall be obliged to state in his certificate of candidacy, in addition to his name and surname, his second name or maternal family name; and in case these candidates present themselvess for the first time for the same elective office, they shall all be obliged to state in 265 Section 421, Administrative Code of 1917. 266 Section 423, Ibid. 207 Section 424, Ibid.

Page  222 222 LOCAL GOVERNMENT IN THE PHILIPPINES the certificates of candidacy, in addition to their names and surnames, the second names or maternal family names. 268 Certificates of candidacy for the provincial offices are required to be filed not less than twenty days before the day of election with the secretary of the provincial board of the province. Those for municipal offices are filed not less than 10 days before the day of election with the municipal secretary. In case of the death or disqualification of a candidate for any provincial or municipal office, whose certificate of candidacy has been duly filed after the expiration of the time limits, any legally qualified elector may file either with the secretary of the provincial board or with the municipal secretary, without distinction, not later than the noon hour on the day of the day of the election, his own certificate of candidacy for the office for which the dead or disqualified person was a candidate; and in the event of the death or disqualification occurring on the day before the election or before the noon hour on the day of the election, the said certificates shall be filed with any board of inspectors of the municipality where he resides. It is the duty of the provincial board or municipal council to furnish the Executive Bureau with certified copies of certificates of candidacy filed.269 Lirmitation upon Camnpaign Expenditures.-Together with the certificate of candidacy, each candidate for a provincial office or for municipal president is required to sign a sworn statement in which he shall state that his expenses for the electoral campaign shall not exceed onethird of the salary attached to the office for the length of its term. This requirement prompted by the wholesome desire to counteract j ich is said to 268 Section 404, Administ 269 Section 405, Ibid. A

Page  223 ELECTION OF LOCAL OFFICIALS 223 be intense among Filipinos, and thereby avoid the financial ruin of candidates and their families and at the same time minimize the danger of bargaining for votes and corrupting the electors. This provision, however, has been found to serve no real purpose and to be impracticable. The law is of difficult and uncertain application. It does not and cannot apply to parties spending funds'without the knowledge or consent of the candidate or candidates; for, as observed in one case, if the candidate-elect could be ousted because of others' acts done without his knowledge, then in order to accomplish this purpose it would only be necessary for some evil-minded or designing person to spend enough money, added to the amount the candidate had legitimately spent, to exceed the limit, and the innocent officer would lose the office to which the people B elected him.270 Borrowing from legislation in,* Uil States, we have adopted it unnecessarily without any investigation of its origin there and the special conditions obtaining in that country. The Registration of Voters.-Registration is method prescribed by law for ascertaining the number and dentity of electors who are qualified to cast their 271 The purpose of registration is to prevent the perration of fraud in elections by providing in advance thereof an authentic list of the qualified electors.272 The board of inspectors holds meetings for the registration of voters. The Institution of a Permanent Electoral Census.The formation of a permanent electoral census or list in each municipality is the most important feature of Act No. 3210 recently enacted by the Philippine Legislature. After the prohibition of treating of voters in the form of 27OState v. Blond, 144 Mo. 534, 46 S. W. 440, 41 L. R. A. 297. 271 20 C. J. 57. 272 Ibid, 81.

Page  224 224 LOCAL GOVERNMENT IN THE PHILIPPINES ludicrous fiestas and pleasant drives to and from the polling-places, the formation of a permanent census of electors in each municipality has resulted in minimizing the work of registration and is valuable for statistical purposes. 2- It was made the duty of the Chief of the Executive Bureau to see to it that seventy-five days previous to the date of the general election of nineteen hundred and twentyfive, each municipal treasurer received three certified copies of all lists of voters used at the last general election and special elections in the municipality concerned.274 Qualifications and Disqualifications of Electors.-The word "elector" is descriptive of a citizen who has the constitutional and statutory qualifications that enable him to vote, and includes not only those persons who vote, but also those who are qualified and yet fail to exercise the right of franchise. 275 Every male person, who is not a citizen or subject of a foreign power, who is 21 years of age or more, and who shall have been a resident of the Philippines for one year and of the municipality in which he shall offer to vote for six months next preceding the day of voting, is entitled to vote in all elections if comprised within either of the following three classes: (a) those who, under the laws in force in the Philippine Islands on the twenty-eighth day of August, nineteen hundred and sixteen, were legal voters and had exercised the right of suffrage; (b) those who own real property to the value of five hundred pesos, or who annually pay thirty pesos or more of the established taxes; and (c) those who are able to read and write either Spanish, English, or a native language. 27 273 Laurel, Jose P.: Election Law, Annotated (Manila, 1925) Section 425. 274 Section 7, Act 3210. 275 20 C. J. 58. 278 Section 431, Administrative Code of 1917.

Page  225 ELECTION OF LOCAL OFFICIALS 225 The following persons are disqualified from voting: (a) any person who, since the thirteenth day of August, eighteen hundred and ninety-eight has been sentenced, by final judgment, to suffer not less than eighteen months of imprisonment, such a disability not having been removed by plenary pardon; (b) any person who has violated an oath of allegiance taken by him to the United States; (c) insane or feebled-minded persons; (d) deaf-mutes who cannot read and write; and (e) persons who, having registered as not incapacitated for registration, present themselves at the hour of voting as incapacitated, irrespective of whether such incapacity is feigned or real. 277 Any person who applies for registration or is already registered may be challenged and the board of inspectors is authorized to administer oaths, subpoena witnesses to determine the right of that person to be registered or to have his name remain upon the registration list. 278 The justice of the peace courts are organized into circuits and are empowered to take cognizance of cases relating to the inclusion in or exclusion from, the registration lists.279 Ballots.-The word "ballot" is said to have been derived from the Greek word ballo, "to throw." It is a slip of paper printed at public expense, containing a printed heading of the title of each office to be voted for and the number of candidates for which the voter may vote, with a corresponding number of spaces underneath the title. 280 Although the theory has been advanced by some authorities that the original ballot did not contemplate secrecy, that character has become so essentially a feature of this system of voting as to be considered its essential charac277 Section 432, Administrative Code of 1917. 278 Section 434, Ibid. 279 Section 435-1/2, Ibid. 280 Section 442, Ibid., Laurel, Jose P.: Election Law Annotated, (Manila, 1922) p. 82.

Page  226 226 LOCAL GOVERNMENT IN THE PHILIPPINES teristic. Some authorities even go to the extreme of holding that any manner of voting which preserves the secrecy thereof is a voting by ballot. 281 The distinguishing feature of the ballot system is that every elector is permitted to vote for whom he pleases, by depositing a ticket bearing the names of the persons for whom he wishes to vote in a receptacle provided for the purpose, in such a way as to secure to the elector the privilege of complete and inviolable secrecy in regard to the persons for whom he voted. The ballots are furnished by the Director of Printing at the expense of the municipality, upon requisition therefor by the provincial treasurer in the usual form. 282 Provincial treasurers are directed, upon receipt by them from the Director of Printing of official ballots to be used at the coming elections, to keep them in the provincial safe securely locked, until their complete distribution among the different municipalities is effected. The distribution of ballots among municipalities is made through the respective municipal treasurers, who are in turn instructed by the provincial treasurers to keep them in the municipal safe securely locked until called for by the election officials. Provincial treasurers are required to obtain receipts for the number of ballots sent to municipal treasurers, and the latter are to obtain similar receipts for ballots furnished election officials. 283 In case of failure to receive official ballots, in case of their destruction, or in case the number of electors in an election precinct is greater than three hundred, or when circumstances make it impracticable to procure from the Director of Printing a new supply, the provincial board, or if there be no time therefor, then the 281 9 R. C. L. 1048. 282 Section 445, Administrative Code of 1917. 283 Provincial Circular, Unnumlbered, Executive Bureau, March 14, 1919.

Page  227 ELECTION OF LOCAL OFFICIALS 227 municipal council, shall procure from any other available source another set which shall be as nearly like that prescribed for official ballots. 284 The use of sample ballots printed upon colored paper, at least thirty in number, is made possible for the board of inspectors, for posting and use in demonstrating how to fill out and fold the official ballots properly. 25 Official Watchers.-During registration, voting, and the counting of the votes, and in general at all meetings or sessions of the board of inspectors, watchers representing opposing candidates are allowed within the polling-place but not within the guard-rail. Such watchers are freely allowed to witness the proceedings and to read the ballots without touching them after they have been read by the inspectors, to hear the proceedings of the board, to take notes of what they see and hear, and to make protests against any irregularities.286 Careful provisions are found in regard to the method of voting and the delivery of the ballot, 287 the presentation of the ballot by the voter, 88 the counting of votes and the announcement of the result,289 the preparation of the inspectors' statements and the certificate of result, 290 and the mode of transmission of that statement. 29 The provisions, however, which have caused more discussion and which are said to be one of the unfortunate characteristics of our law were regarding the preparation of the ballot for a disabled person. A voter otherwise qualified, 2,4 Section 443, Administrative Code of 1917. 289 Section 444, Ibid. 286 Section 461, Ibid. 2St Section 451, Ibid. 288 Section 452, Ibid. 289 Section 460, Ibid. 290 Section 465, Ibid. 291 Section 466, Ibid.

Page  228 228 LOCAL GOVERNMENT IN THE PHILIPPINES who declares that he cannot write, or that because of blindness or other physical disability he is unable to prepare his ballot, may make an oath to this effect, set forth therein the nature of his disability and his desire that an elector of his confidence assist him in the preparation of such ballot, accompanied by such a watcher as he may designate. The trusted elector prepares the ballot after he has taken the oath in the presence of the watcher.292 The participation of disabled voters, especially of the illiterate, has given rise not only to the retardation of the election, but to the commission of many frauds. It is believed that most of the frauds committed have been due to the authorized participation of the illiterate voters, who, it is believed, should no longer be given the right to vote, even if they have the other qualifications. The Provincial Board and the Municipal Council as Boards of Canvassers.-The provincial board, not later than thirty days after the election, and the municipal council, immediately thereafter, meet as boards to canvass the votes received by the candidates. The provincial board determines from the statements the persons elected to provincial offices. The municipal council determines from the statements before it the candidates-elect for municipal offices. As boards of canvassers, their duties are ministerial: to satisfy themselves with the authenticity of the returns, to canvass the votes, and to announce the results. 208 The Governor-General confirms the election of candidates-elect for provincial offices, but the GovernorGeneral may refuse confirmation upon the ground of disloyalty to the constituted government. 294 Expenses of Elections.-The expenses of elections, in292 Section 453, Administrative Code of 1917. 293 Sections 469 and 477, Ibid. 294 Section 472, Ibid.

Page  229 ELECTION OF LOCAL OFFICIALS 229 eluding the salaries of election officers, stationery, and ballots, are prorated between the treasuries of the Insular, provincial, and municipal governments.295 Formerly, election expenses were defrayed by the municipalities, the province advancing the funds which were later collected from the municipalities. This measure was later amended because it was deemed inequitable, as elections were not only for municipal officers, but for Insular and provincial positions as well. The Insular Auditor has issued detailed regulations in regard to the payment of election expenses. 296 Limitation upon Reelection.-The third reelection or fourth election to the office of provincial governor and municipal president is prohibited. Formerly, the prohibition was against a second reelection,297 but this policy was modified so that now a qualified person may hold the office of provincial governor or municipal president for nine consecutive years. It will be observed that the prohibition applies only to the offices of provincial governor and municipal president. Contested Elections to Provincial and Municipal Offices.-An election contest is a special statutory proceeding designed to contest the right of a person, declared elected, to enter upon and hold office. It is an adversary proceeding, a controversy between two contending candidates for the same office. 298 Our election law does not specifically name the grounds upon which an election protest may be filed. Various suggestions, made to the Philippine Legislature, touched upon the necessity of making specific re290 Section 397, Administrative Code of 1917. 296 Laurel, Jose P.: Election Law, Annotated (Manila, 1925), p. 17. 297 Section 403, Administrative Code of 1917. 298 20 C. J. 57; Laurel, Jose P.: Election Law, Annotated (Manila, 1922), p. 119.

Page  230 230 LOCAL GOVERNMENT IN THE PHILIPPINES ference to the grounds of election contest; but the Legislature failed to follow any suggestion or recommendation to this effect. A specification of these grounds, as is found in the California Code of Civil Procedure, is advisable.299 Contests in all local elections are heard by the court of first instance having jurisdiction in the judicial district in which the election was held, upon motion by any registered candidate voted for. The contest has to be filed with the court within two weeks after the proclamation. The court declares who has been elected or that a certain candidate has been legally elected.300 The decision of the court of first instance is final in municipal election contests, but is appealable to the Supreme Court when the election contested is that of provincial governor. s01 Corrupt Practices and Other Offenses.-To safeguard the purity of the exercise of suffrage, the Legislature has adopted stringent rules for the punishment of fraudulent and corrupt practices in elections. 302 It prohibits certain officers and employees from meddling in elections,303 penalizes the destruction or concealment of ballots,304 illegal voting,305 bribery,306 perjury in election matters, unlawful voting by a challenged person, 307 unlawful registration, 308 secretion, the taking or destruction of election materials, 309 the unlawful distribution or fabrication of ba299 Laurel, Jose P.: Election Law, Annotated (Manila, 1922), p. 125. 300 Section 479, Administrative Code of 1917. s01 Section 480, Ibid. 302 Sections 2657 and 2658, Ibid. 303 Section 2636, Ibid. 304 Section 2641, Ibid. 305 Section 2642, Ibid. o30 Section 2644, Ibid. 307 Section 2646, Ibid. 308 Section 2647, Ibid. 309 Section 2650, Ibid.

Page  231 ELECTION OF LOCAL OFFICIALS 231 1lots,:1" the obstruction of voters, and kindred other acts.311 Election in Mindanao and Sulu and Special Provinces.Section 2598 (b) of the Administrative Code governs 31 the election of third member in each of the especially organized provinces in Mindanao and Sulu; viz, Zamboanga, Davao, Agusan, Bukidnon, Lanao, Cotabato, and Sulu, and also the province of Nueva Vizcaya and the Mountain Province to which the provisions of Chapters 63 and 64 of the Administrative Code were extended by Act No. 2798. Section 2598 (b) of the Administrative Code provides that "the third member shall be elected by a plurality of the votes of the members present at a convention of the vice-presidents and councilors of municipalities duly organized and such vice-presidents and councilors of municipal districts, within the province, as the Secretary of the Interior in the case of the provinces in Mindanao and Sulu,313 or the Director of the Bureau of Non-Christian Tribes in the case of the Mountain Province and the proprovince of Nueva Vizcaya,14 may designate." The procedure followed in such an election is not fixed by law, but the election may be held at such time as may be fixed by the Governor-General. It should be noted, however, that according to Section 5 of Act No. 2878, the provisions of the Election Law may be extended to any of the provinces named above "whenever the Secretary of the Interior shall certify to the Governor-General that existing conditions in the said province justify the holding of elections as the best means of firmly establishing popular government: Provided, That the election of any provincial officer under the provisions of this section 310 Section 2652, Administrative Code of 1917. 'i Book IV, Tit. XII, ch. 65, Art. III, Ibid. 312 Vide also Section 2 of Act No. 2429. 313 Vide also Act No. 2878. 314 Vide also Act No. 2798 as amended by Act No. 2913.

Page  232 232 LOCAL GOVERNMENT IN THE PHILIPPINES shall be subject to confirmation by the Governor-General as a prerequisite to the assumption of the office by the candidate elected." It is pursuant to these provisions of law that Proclamation No. 29 was on July 22, 1920, issued by the Governor-General declaring that provincial governors in Zamboanga, Davao, Agusan, and Nueva Vizcaya who, under Section 2598 (b) 315 are appointive officers, were made elective and the provisions of the Election Law applied to them; and recently, Proclamations Nos. 40 and 6, series of 1924 and 1925, respectively, were also issued declaring that third members of the provincial boards of the provinces of Agusan, Zamboanga, Davao, and Nueva Vizcaya are to be elected at the general elections of 1925 under the provisions of the Election Law. Some Amendments to the Election Lawz Necessary.The Philippine Election Law is the result of verily painstaking labor. Originally passed as Act No. 1582 by the Philippine Commission, it has suffered important changes for the better and towards giving the people, though gradually,,more and more control in the administration of their local affairs; and by the passage of Acts Nos. 3030 and 3210, we have succeeded fairly well in purifying our elections. There are new features which may as well be incorporated in the law, that are designed to attain greater purity and render the enforcement of the law more effective, like the prohibition of the "treating" of voters, similar to the policy which obtains in England and various states of the United States. Especially is such a provision needed in the Philippines, where the practice is tolerated and indulged in to the ruin of candidates and the disgrace of the electorate. There is a great need of impressing upon the minds of the people the fact that suffrage is one of the important rights pertaining to free citizenship; 315 Vide also Section 2 of Act No. 2878.

Page  233 ELECTION OF LOCAL OFFICIALS 233 more than a right, it is a duty to the Filipino State and not a favor conferred upon the candidates. Certainly, it is worth more than the gayety of a fiesta, the satiation of a glass of wine, or the puffs of a cigar,-because suffrage is priceless. The establishment of a polling-place in each barrio, to facilitate the exercise of the right of suffrage by voters, may likewise be urged. Certainly, whether our local governments are good or otherwise is a condition which rests with the voters; and to stay at home during election time may result in delivering the control of government into the hands of a few local demagogues who are disruptive of society and who entertain no regard for the wishes of the many. The fixing of a reasonable and proper length of tenure of office may well-nigh be a problem. Too short a term of office does not give the incumbent the time to become familiar with his duties, while too long a term is conducive to autocracy. The repeal of that portion of Section 452 of the Election Law, which invalidates any ballot in which the name of a deceased' or imaginary person or of a person who is not a candidate appears, should merit serious consideration. This provision serves to defeat the expression of the will of the elector by the annulment of the entire ballot instead of partial invalidation thereof, as was the case before the amendment of this section. It also gives uncontrollable discretion to the inspectors of election in the determination of circumstances showing "the purpose of the voter to identify the ballot." These problems and a number of other things like woman suffrage and the elimination of illiterate voters from our electoral system may well be the objects-as some of them have already been-of thoughtful consider

Page  234 234 LOCAL GOVERNMENT IN THE PHILIPPINES ation on the part of our legislators. An attempt to discuss these and similar problems will be made in the second volume of this work. Have We Succeeded at the Polls? —If the ability to maintain a stable government is to be tested by the use which is made of the ballot, then our provinces and municipalities can with pride assert that such a government now exists. The election of provincial and municipal officials and, in fact, of all officials, though bitterly contested, has always been characterized by orderliness; and the people's will has been given licit and untrammelled expression. On this point, let America's highest representatives speak. Shortly after the elections of 1919, Acting Governor-General Charles Emmet Yeater issued the following significant statement to the press: "By taking the election as a whole, I consider it entirely creditable to the Philippine people; and I believe that no shortcomings or improper conduct in receiving the votes will exceed those ordinarily committed in other countries." Referring to the elections of 1919, the Wood-Forbes Report said: "Interest in the elections was widespread and Election Day passed without any serious disturbances. There was a general, quiet acceptance by the minority of the results of the popular vote." Immediately after the 1922 election, the author, as Secretary of the Interior, reported to the Governor-General as follows: "Now that the elections are over, permit me to report to you that in the provinces and in the Cities of Manila and Baguio, the general elections were held in an orderly manner with due regard to the law and the officials charged with the duty of its administration and enforcement. While a few isolated cases of personal violence might have occurred in the heat of political excitement, yet taking the elections as a whole, the people exercised the important political right of suffrage in a manner cre

Page  235 ELECTION OF LOCAL OFFICIALS 235 ditable to themselves and their country. The circulars and instructions issued both by this Department and the Executive Bureau were generally observed; and while at times we had to deal rather severely with a few provincial and municipal officials, these officials later showed an attitude of respect and regard for the orders which emanated from the Central Government." Referring to the elections of 1922, Governor-General Wood, in his Message to the members of the Sixth Philippine Legislature, said: "I congratulate you, and through you the Filipino people, on the orderly and lawful conduct of the recent elections, which, notwithstanding the keenness of the struggle and the appearance of a strong new party in the field, were conducted with due regard to the rights of the candidates and with an absence of fraud and irregularity which would be a credit to any people. "The will of the people was given full and free expression and the election was honest and fair." The number of persons who qualified as voters has steadily increased. In the elections for 1912, there were 248,154 registered voters; in 1922 the number reached 824,058; and in 1925 there were about a million. National parties have their ramifications in the localities and make their influence felt therein. Local parties, naturally enough, also spring into life. But partisan politics in municipal elections is generally absent. The officials that have been elected, whether provincial or municipal, are in the main leading and representative men of the community and are animated with enthusiasm for the public service. Although the municipal councilors receive no compensation, the office nevertheless is eagerly sought and the men elected are only too willing to make the sacrifice. It is, indeed, gratifying to note that a large number of local officials elevated to power by popular will have shown character and civic virtue.

Page  236 CHAPTER XV LOCAL OFFICIALS IN ACTION Our Local Officials.-The greatest handicap encountered when local governments were established under civil government was the unfamiliarity of the natives with popular institutions. As observed above,316 the people during the Spanish regime were denied participation in the administration of their affairs. This fact probably explains why, in the early history of local government under American occupation, many local officials were found derelict in the performance of their duties. And this condition must have been also the reason for the very centralized control of our local governments then. As time lapsed and conditions improved, the Filipinos evinced that they were ready apprentices who easily learned the lessons of local freedom; and the lightening of the burden of centralized control, although initiated at a much later date, began to be felt as a matter of imperative necessity.317 31S ch. iv, supra. 317 As early as 1905, the Philippine Commission reported: "Learning self-dependence.-The municipalities are learning selfdependence; for, although by the regulations of existing law, the administration is fully under control of the superior authority, still, by a discriminating use of the provisions of law, there is ample room for independent action. The municipal code is drawn up with a view to give them very ample power to conduct the municipalities for the best interests of the citizens, according to their own promptings, helped by drawing therm along into channels determined as proper by American principles and methods. Propaganda in this direction has been spread, endeavor being made to educate the people into depending on themselves, and not into looking to the govern236

Page  237 LOCAL OFFICIALS IN ACTION 237 We have seen, from the report of the,military board during military occupation and the Instructions of President McKi'nley above referred to, that the guiding principle in creating small political divisions and subdivisions in the Philippine Islands is the establishment of local self-government therein, the object being to train the people living in these communities in the art of self-government. Conment on every little occasion."-Report of the Philippine Commission (1905), Part I, p. 128. In 1910, Secretary of War Dickinson, upon the occasion of his visit to the Philippines, reported as follows to the President of the United States: "The administration of the provinces and municipalities can not but merit a favorable opinion regarding the aptitude of the Filipinos for the exercise of the powers intrusted to them. In reality, considering the provincial administration, the functions authorized to Filipinos suffer such limitations that it is frequently found that the local initiatives are crippled by the delays of a centralized regime. But in spite of this, to the energy, skill, and patriotism of the provincial governments are due the preservation of order, the progress of public instruction, the betterment of the highways, bridges, and public buildings, the introduction of sanitary and hygienic measures, and the assurance of improvements of all sorts for the well-being of the community in their respective provinces. "The municipal officials, on their part overcoming many difficulties, of which the greatest is the lack of funds, show each day a noble emulation in bettering the public service in their respective localities. If the interest displayed by the municipal officials in the construction of public edifices, particularly schools and markets, in the boring of artesian wells for public sanitation, and the improvement of neighborhood roads, in the prosecution and punishment of evil doers, and in the ornamentation and sanitation of public places, be considered, there is reason for saying that everywhere they understand the true public interest, and the officials understand at the same time that they are servants of the public well-being. The municipalities which can count on sufficient funds have realized all classes of public works that are monuments of progress and of efficiency in the public service. The majority of the municipalities naturally can not display such monuments, because of lack of resources, but all can show that they have done something for the towns and for the people, who see with deep feeling the excellent use they are making of the money provided by the payment of their taxes.

Page  238 238 LOCAL GOVERNMENT IN THE PHILIPPINES sistently with this principle, the Central Government has always encouraged and fostered local autonomy in provinces and municipalities. This local autonomy or local self-government has been attained to a great extent as we have seen. Formerly, provinces, municipalities, and chartered cities were under the administrative supervision and control of the 'Executive Bureau, which used to be one of the Bureaus under the Governor-General. But, after the passage of Act No. 2666 318 providing for the reorganization of the Executive Departments of the Philippine Government, the Executive Bureau was transferred to the Department of the Interior; so that local governments are now under the general administrative supervision and control of the Department of the Interior and the Executive Bureau. Reference is also made above to the fact that formerly the Governor-General, through the Executive Bureau, performed many functions imposed by mere executive requirements, presumably by virtue of the power of supervision and control vested in the Governor-General over the government of local political divisions. 31 This power still exists and "The interest with which in some places are attended the popular conferences in which instruction is given to the people of its rights and civic duties, is an argument against what is affirmed by some writers of 'Caciquismo' of the local officials, which they supposed very general in the towns of the Philippine Islands. In these conferences, the first who take part are the very local functionaries and young people of the schools. The Philippine Assembly initiated a law for this purpose, which is producing excellent results." Special Report of J. M. Dickinson, Secretary of War, to the President, on the Philippines, (Washington D. C., 1910), p. 67. 318 Vide also Act No. 2803 in this connection. 319 Act No. 1407, Section 35. Vide also Act No. 2803 in this connection; Vide also Section 820 of the Administrative Code of 1917 and Section 601 Administrative Code of 1916.

Page  239 LOCAL OFFICIALS IN ACTION 239 is now vested ina the Secretary of the Interior. 320 But neither the Department of the Interior nor the Executive Bureau intervenes by mere executive requirement except in very rare instances, as such a policy has been found to work curtailment on the autonomy of our provinces and municipalities. The decided and avowed policy now is to grant as much local autonomy as is consistent with law and public policy. Accordingly, our provinces and municipalities are not subject to intervention by the Central Government as long as they confine themselves within the province of their legal powers. One of the so-called maxims in the law of Anglo-American municipal corporations, which may be said to be now a part of the Philippine law and administrative practice, is that a municipal corporation possesses and can exercise power expressly or impliedly granted by its charter. Acting within their powers, our provinces and municipalities are self-governing communities, petty commonwealths. Neither the Department of the Interior nor the Executive Bureau revises, on its own initiative, acts, resolutions, and the like, of the municipal council; and the Executive Bureau takes cognizance of questions involving such acts and resolutions only when appeal is taken pursuant to the provisions of Section 2235 of the Administrative Code of 1917, and in this case only the point of legality or illegality of the act or resolution concerned is decided. When a protest is filed by a person or persons affected, this Bureau passes upon the protest, and if it is found to be well founded, the Bureau makes the necessary and proper suggestion to the provincial board which invariably takes action accordingly. As a rule, the question of the convenience or wisdom of a measure is left primarily for the [municipality to decide, and the Central Government 320 Vide also Act No. 2803 in this connection.

Page  240 240 LOCAL GOVERNMENT IN THE PHILIPPINES does not interfere unless there is a clear abuse of authority or wanton or capricious exercise thereof. 321 This is a wholesome policy. This fact is also true of administrative charges formulated against municipal officials.!Under the provisions of Section 2188 of the Administrative Code of 1917, the provincial governor is given the power to investigate complaints or charges against municipal officials for neglect of duty, oppression, corruption, or other form of maladministration in office. It is provided in that section that, should the provincial governor find municipal officials guilty and the penalty deserved be more severe than reprimand, he should submit written charges to the provincial board, which is required to make a formal investigation thereof, according to Section 2189 of the same code. Should the board find that the accused official is guilty and deserves a more severe penalty than a reprimand, the case should then be submitted to the Executive Bureau for decision. 322 Only cases thus submitted are taken cognizance of by the Executive Bureau. Although this Bureau, with the approval of the Secretary of the Interior, is empowered to conduct a special investigation of charges formulated against municipal officials by virtue of its power of general supervision and control over the provinces and municipalities in accordance with the provisions of Section 820 of the Administrative Code, it has never made use of such a power except in rare cases where the interests of justice and good government so required. It is gratifying to note that the policy of granting autonomy to provinces and municipalities is productive 821 Unnumbered Circular of the Executive Bureau, dated September 16, 1918. 822 Sections 2190 and 2191, Administrative Code of 1917.

Page  241 LOCAL OFFICIALS IN ACTION 241 of good results. Our provincial and municipal officials. now more than ever, appear to understand the responsibilities they have assumed; and their administration has been characterized, as a rule, by initiative and prompt action. Rarely have they adopted ordinances and measures which can not stand the test of propriety. Some of their acts were beyond the sphere of their powers or were defective in form, but these cases were few; and whenever that anomaly has been found, the investigation showed that the error had been committed with the wholesome intention of serving the public interest and not of gratifying any selfish or personal end. In 1913 there were 153 provincial officials, of whom 113 were Filipinos and 40 were Americans. In 1917 and 1918, all provincial governors, the chief executives of the provinces, were Filipinos except the governors of the provinces of Cotabato, Lanao, and Sulu. Of the 46 provincial treasurers who are chief financial officers of the provinces, 43 are Filipinos and three are Americans. In other offices which may be termed quasi-provincial offices, the Filipinos have also gradually assumed control. According to the Official Roster for 1925, of the 92 medical officers in the Philippine Health Service only one is an American; of the 100 engineers in the Bureau ot Public Works, 89 are Filipinos and 11 are Americans. There are now 15 Filipinos and 47 American superintendents of schools, while in 1914 the superintendents were all Americans. In fact, the position of division superintendent of schools was extended to Filipinos only in 1915 to "try them out". As in all other positions in which Filipino capacity was tested, the result proved highly gratifying; so that in a short period of time, 15 superintendencies were opened to them, and in such positions noteworthy results are being obtained.

Page  242 242 LOCAL GOVERNMENT IN THE PHILIPPINES In the municipalities, with the exception of 15 American ex officio justices of the peace, who, of course, have no administrative functions, all officials are Filipinos. Financial administration, both Insular and local, is undertaken by Filipino officials who have likewise shown ability and foresight in this direction. Insular bureaus, like the Bureau of Internal Revenue, whose functional relations with our local governments in the matter of the collections of taxes cannot be overestimated, have since 1918 been placed under the direct supervision and control of Filipinos. Realizing that finance is an integral part of a great national policy and that without sound finance no stable government is possible, the Filipino officials have devoted their attention to the financial problems of their country, have profited by the experience of their American tutors, and have succeeded in improving upon the system of financial administration implanted here. Administrative Cases against Local Officials.-The greater autonomy granted has not in the least increased the number of offending officials, as had been expected. The number of administrative cases against municipal officials has gradually and considerably decreased. Thus, in 1914, there were 80 administrative cases against municipal presidents, 27 against vice-presidents, and 165 against municipal councilors; in 1915, 50 against municipal presidents, 21 against vice-presidents, and 85 against municipal councilors; in 1916, 39 against municipal presidents, 14 against vice-presidents, and 27 against municipal councilors; and in 1917, 18 against municipal presidents, two against vice-presidents, and 48 against municipal councilors. In 1918 there were only 68 cases against municipal officials. The total number of administrative cases in 1919 against elective municipal officials was 59, while the total in 1920 was 25.

Page  243 LOCAL OFFICIALS IN ACTION 243 The number of administrative cases from 1920 to 1924 has decreased, according to information furnished the author by the Executive Bureau. From the year 1909 to 1913, inclusive, there were accused five provincial officials and 929 municipal officials, of whom all of the former and 671 of the latter were found guilty. On the other hand, from the year 1914 to 1920, inclusive, there were accused only two provincial officials and 660 municipal officials, of whom only one of the former and 419 of the latter were found guilty. From 1920 to 1924, there was not any provincial official removed from office on account of incompeteny or negligence in the performance of official duty. This result is most gratifying. It shows a constant improvement in our municipal administration, a better realization on the part of our local officials of the responsibilities contracted by them with their constituents-the people, whose sovereign will has exalted them to position and power. The Use of the English Language.-From well-nigh the very beginning of the implantation of the American Governinent in the Philippine Islands, the policy has been to make the English language the common and official language in the Philippines. Such a desire found expression in an Act passed by the Philippine Commission in 1904, making the English language the official language of all courts and their records beginning in 1906,323 and in the Executive Order of the Governor-General of August 8, 1912, requiring all the officials and employees of the Government, except the courts, to use whenever possible the English language in writing their correspondence, and the provincial boards and municipal councils in keeping their minutes 323 This period, however, was extended by later acts of the Legislature.

Page  244 244 LOCAL GOVERNMENT IN THE PHILIPPINES and in writing their correspondence. There is, however, a proviso in that Executive Order to the effect that where it is not practicable to carry out this policy into effect, the offices concerned should make representations of the fact to the Executive Bureau whose chief is empowered to modify the rule in such case. It is, indeed, very gratifying to note that from 1914 to 1925, only about 40 such representations from the provincial boards and 70 from the municipal councils were made to the Executive Bureau, with the request that they be permitted to continue the use of the Spanish language in recording their minutes and in writing their official correspondence. It is no exaggeration to say that now well-nigh all provincial boards and municipal councils have adopted and are using the English language with success. The Campaign against Gambling and Other Vices.After it had observed the prevalence of gambling in various provinces and known its disastrous effects on the economic welfare of the people, the Central Government inaugurated a campaign for the speedy eradication of the evil. It is to be noted that even before 1917 and as early as 1913, circulars were issued by the Executive Bureau and addressed to provincial governors and treasurers, with instructions to aid in stamping out this evil wherever it could be found. The result was, indeed, gratifying. Raids of gamblinghouses were made, in which provincial and municipal officials participated. Severe administrative actions were invariably taken against officials found guilty of gambling. Gratifying Results.-The Philippine Legislature has designed to make provincial and municipal governments more popular and autonomous; and the Filipinos have gradually assumed control of provincial and municipal administration. The provincial and municipal officials have

Page  245 LOCAL OFFICIALS IN ACTION 245 evinced advancement, capacity, and integrity in the administration of public affairs and the willingness to meet effectively the aspirations and needs of their inhabitants. In conclusion, the writer can do no better than quote from the concluding remarks of a statement he was asked to submit to the Philippine Independence Commission on February 20, 1919: "It is in vain to theorize on the success attained by the Filipinos in provincial and municipal administration during the last five years. Suffice it to say that they have made the largest, ablest, and wisest use of the functions entrusted to them. They have demonstrated that they are wholly capable of playing their part in the conduct of their affairs with skill, dignity, firmness, and above all, with unswerving loyalty to the ideals of their country. If the progress achieved by the Philippine Isla'nds during the last five years is to be determined by the progress made by the provinces and municipalities during that period-and such should be the case-the Philippine Islands, indeed, advanced wonderfully. She has attained an accomplishment which any other nation can be proud of. Her people have seen schools multiply in remote barrios, and the knowledge of hygiene and sanitation penetrate into the remotest communities. They have seen fine roads thread their way through every province and transform poverty-stricken regions into rich and flourishing communities. All these changes have brought to the Filipino people a sense of unity and have developed a well-educated citizenry worthy of their race. The Filipino people have witnessed the transfer of government into their hands and have handled it in a manner which is creditable to themselves and their country."

Page  246 CHAPTER XVI THE LEGAL POSITION OF OUR LOCAL COMMUNITIES Local Political Units Creatures of the State.-Like their American prototype, our local political u'nits are creatures of the State, the State being the creator and the local unit the creature. They are municipal corporations and as such are agencies of the State for the purposes of local administration. They are entirely subject to the legislative control of the State or of the Central Government and their authority may accordingly be enlarged, abridged, or entirely withdrawn by the sovereign power that gave them life. 824 The law is forcibly stated by Judge Dillon to be: that "a municipal corporation possesses and can exercise the following powers, and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation,-not simply convenient, but indispensable." 825 A municipal corporation owes its existence to its charter, general or special, and has no power except those granted to it, expressly or by necessary implication. The charter being a delegation of authority or po324 Vide Munro, Willian Bennet: The Government of American Cities (New York, 1919), ch. iii, p. 53; Meriwether v. Garrett, 102 U. S. 472, printed in J. H. Beale's Selection of Cases on Municipal Corporations (Cambridge, 1911), 54. 325 Dillon, John F.: Commentaries on the Law of Municipal Corporations (5 vols. Boston, 1911), I, pp. 448-449. 246

Page  247 .LEGAL POSITION OF LOCAL COMMUNITIES 247 wers, it is construed strictly; and in case of doubt, the doubt is resolved against the corporation. In jurisdictions, however, where the policy of local autonomy or home-rule obtains, this rule of construction is readily departed from. Powers Classified.-The nature and extent of powers depend, therefore, upon legislative policy. A variety of powers is usually granted, and these are difficult to classify. Professor Munro has grouped them under six heads; namely, (1) the general legislative power, (2) the police power, (3) the power to tax and to borrow money, (4) the power to appropriate and spend money, (5) the power to enter into contracts, and (6) the power to acquire, manage, and dispose of property.326 General Legislative Power.-The policy is to require the strict observance of powers by municipal corporations, and the powers are for this reason elaborately specified. Aside from the specific enumeration of powers, a general grant of legislative power is usually found; and this grant palliates somehow the rigidity and inflexibility of the rule. For example, it is provided that our municipalities be regarded as corporate political bodies endowed with the faculties of municipal corporations; and after the enumeration of powers, 327 there is found a general grant of powers to adopt all needful rules and regulations for the promotion of the well-being and prosperity of the inhabitants.328 This general grant of powers in the charter is usually termed the "general welfare clause", which will be presently referred to in the discussion of municipal police powers. 326 Munro, William Bennet: The Government of American Cities (New York, 1919), p. 82. 327 Especially sections 2165, 2242, and 2243, Administrative Code of 1917. 328 Section 2238, Ibid.

Page  248 248 LOCAL GOVERNMENT IN THE PHILIPPINES As stated above, the Anglo-American principle, considered by Judge Dillon "of transcendent importance", which lies "at the foundation of the lauz of municipal corporations," 329 is that a government unit as a creation of the State exercises strictly enumerated powers. This tradition explains why Anglo-American municipal corporations are constant suppliants for doles of power from the Legislative, 330 the reverse of what is found in many countries of Continental Europe where public or municipal corporations are regarded as entities endowed with general powers. In other words, these European communities may do anything which is not forbidden or entrusted to some other authority, the presumption being always in favor of these localities to act; because, instead of an enumeration of powers, there is a general grant of powers and an enumeration of general restrictions. This fact is especially true of French and German cities.331 Mandatory and Discretionary Powers. -The powers of our municipal corporations are classified as mandatory and discretionary. In the absence of an express enumeration, it is difficult to determine which powers are mandatory and which are discretionary or permissive. The ordinary rule of statutory construction, however, applies. The words "shall" or "must" and "may" are the words usually employed to characterize the imperative or permissive character, as the case may be, of the powers granted. "May," however, may be constructed as "shall" or "must", with 329 Dillon, John F.: Commentaries on the Law of Municipal Corporations (Boston, 1911), I, p. 450. 330 Munro, William Bennett: The Government of American Cities (New York, 1919), p. 90. ss3 Goodnow, Frank J.: Municipal Government (New York, 1910), pp. 109-110; James, Herman G.: Municipal Functions, (New York, 1917) pp. 345-346.

Page  249 LEGAL POSITION OF LOCAL COMMUNITIES 249 the intent and the public interests in view. S Our law especially enumerates powers which are of a mandatory character, and those which are discretionary or permissive. The Police Power.-The police power is an inherent and essential attribute of the State. 8" This power embraces the whole system of regulation, by which the State seeks not only to preserve public order and to prevent offenses against the State, but also to establish, for the intercourse of citizen with citizen, those rules of good manners and good neighborhood which are intended to prevent a conflict of rights and to insure to each person the uninterrupted enjoyment of his own rights, as far as is reasonably consistent, with a like enjoyment by others of their rights. The police power of the State includes not only the public health and safety, but also the public welfare, protection against impositions, and in general the public interest. It is so extensive and all-pervading that the courts refuse to lay down a general rule defining it, but decide a specific case on its own merits.88' This power has been delegated to our municipalities in the form of a "gen332 Munro, William Bennett: The Government of American Cities (New York, 1919), pp. 84-85; Dillon, John F.: Commentaries on Law of Municipal Corporations, (5 Vols. Boston, 1911), I, p. 466; McQuillin, Eugene: Law of Municipal Corporations, (6 vols. Chicago, 1911), I, 836-838. 333 U. S. v. Gomez Jesus (1915) 31 Phil. 218; U. S. v. Toribio (1910) 15 Phil. 85; Punzalan v. Ferriols (1911) 19 Phil. 214; Churchill v. Rafferty (1915) 32 Phil. 580; Rubi v. Provincial Board of Mindoro (1919) 39 Phil. 660; Smith, Bell & Co. Ltd. v. Natividad (1919) 40 Phil. 136; Malcolm, George A.: Philippine Constitutional Law (Manila, 1920), ch. xix; Laurel, Jose P.: Cases on Constitutional Law (Manila, 1925), ch. xiv. 334 Harding v. People, 32 L. R. A., 445; U. S. v. Pompeya (1915) 31 Phil. 245; Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924) pp. 332, 337.

Page  250 250 LOCAL GOVERNMENT IN THE PHILIPPINES eral welfare clause "335 no less than to our provinces in a limited way. 83 Our municipalities may, therefore, use their discretion on the measures which they consider desirable to promote the general welfare of the inhabitants, and our courts have declined to "adopt a paternalistic attitude of captious criticism and correction tending to embarrass the free exercise of the legislative discretion vested by law in the municipal councils."337 A municipality, when so authorized by its charter, may enact ordinances for police regulations on the same subject for which the State has legislated, but such legislation must be in harmony with the State law. Consequently, an act may be a penal offense under the laws of the State, but other penalties under proper authority may be imposed for its commission by a municipal ordinance and the enforcement of one penalty would not preclude the enforcement of the other by such a municipality and vice versa.338 The medium through which the municipality exercises this power is the ordinance. Ordinances are local laws of a municipal corporation, duly enacted by the proper authorities, prescribing general, uniform, and permanent rules of con836 "SEC. 2238. General power of council to enact ordinances and make regulations.-The municipal council shall enact such ordinances and make such regulations, not repugnant to law, as may be necessary to carry into effect and discharge the powers and duties conferred upon it by law and such as shall seem necessary and proper to provide for the health and safety, promote the prosperity, improve the morals, peace, good order, comfort, and convenience of the municipality and the inhabitants thereof, and for the protection of property therein." Administrative Code of 1917. 336 Punzalan v. Ferriols (1919), 19 Phil. 214. 337 U. S. v. Salaveria, (1918), 39 Phil. 114, Street, J., concurring. 388 U. S. v. Chan-Cun-Chay (1905) 5 Phil. 385; U. S. v. Joson, (1913) 26 Phil. 1; U. S. v. Chan Tienco (1913) 25 Phil. 89; U. S. v. Pacis (1915) 31 Phil. 524; U. S. v. Ching Po (1912) 23 Phil. 578.

Page  251 LEGAL POSITION OF LOCAL COMMUNITIES 251 duct relating to the corporate affairs of the municipality.889 The municipality has the power to prescribe penalties for violations of its ordinances, but the penalty can not exceed a fine of two hundred pesos, or imprisonment for six months, or both.340. So that the municipality may properly be advised on the extent of its powers, the council may secure the legal opinion of the provincial fiscal upon any question relative to its own powers or the constitution or attributes of the municipal government. 34 "Ordinances" are sometimes called "regulations." These two words are distinguishable from "resolutions" or "orders." Ordinances and regulations almost invariably prescribe permanent rules of conduct or government; resolutions or orders provide temporary rules only. A resolution may ordinarily be passed by the council alone, whereas an ordinance usually requires the approval of the local chief executive. 342 The legislative powers of the corporation must, as a rule, be exercised by ordinance; its day-to-day ministerial functions are often carried out by resolutions. 843 General Limitations.-The powers of a municipal corporation are, of course, subject to certain important general limitations; namely, (1) the ordinance must not be inconsistent with the provisions of the charter or the law of its creation. This fact is evident: the spring cannot naturally rise higher than its source. (2) Ordinances must be reasonable. Reasonableness or unreasonableness 339 McQuillin, Eugene: The Law of Municipal Ordinances (Chicago, 1904), p. 2; Dillon, John F.: Commentaries n the Law of Municipal Corporations (5 vols. Boston, 1911), II, p. 892. 340 Section 2239, Administrative Code of 1917, 341 Section 2241, Ibid. h42 No distinction made in Sec. 2229, Administrative Code of 1917. 343 McQuillin, Eugene: The Law of Municipal Ordinances, (Chicago, 1904) p. 4, Dillon, John F.: Commentaries on the Law of Municipal Corporations (5 vols., Boston, 1911), II, pp. 893-896.

Page  252 262 LOCAL GOVERNMENT IN THE PHILIPPINES will depend upon conditions and surrounding circumstances, and courts will decide cases according to facts and their special conditions and circumstances surrounding. No general rule can be laid down; and, as in ordinary cases, the validity of an ordinance is presumed and the burden of showing invalidity arising out of unreasonableness rests upon him who attacks its validity. (3) Ordinances must not make unwarranted discriminations. Municipal privileges must be made open to all under stated terms and conditions. An ordinance cannot single out particular individuals to enjoy special favors or discriminate against them, and an ordinance may on its face appear of general application and yet in effect be applied "with an evil eye and unequal hands" that courts will not hesitate to declare them discriminatory and void. 8" But an ordinance is not necessarily discriminatory because it happens to fall upon an individual or a group of individiuals. Thus, an ordinance of the City of Manila, requiring receipts in duplicate in English and Spanish duly signed and showing the kind and number of articles delivered by laundries and dyeing and cleaning establishments, is not void because it happened to fall rather heavily on the Chinese who formed the majority of those engaged in the laundry business.45 But an ordinance which requires every owner of a lot situated in the municipality periodically to clean one-half of the street lying in front of and parallel with his lot is unjust and unreasonable, because "there is no equality or equity in its provisions, because the cleaning of the streets of the said municipality is made obligatory only upon the owners, tenants, or occupants of lots facing on said streets, while an exemption from this obligation is made in favor of other residents of the municipality who 34 Yick Wo v. Hopkins, (1886), 118 U. S. 356. '45 Kwong Sing W. City of Manila (1920) 41 Phil. 103

Page  253 LEGAL POSITION OF LOCAL COMMUNITIES, 263 are owners, tenants, or occupants of rear lots or of lots that do not front on the street." 46 And the Supreme Court declined to uphold the validity of an ordinance requiring a building, erected along certain streets, to have more than one story or display a special and prescribed style of ornamentation, in the absence of proof that the building does not fulfill the conditions reasonably necessary for security, healthfulness, and hygiene. 347 An ordinance of the City of Manila, prohibiting visitation or presence at or in any place where opium or any of its derivatives or compounds is smoked or otherwise used in or upon the human body or unlawfully sold, given away or otherwise disposed of. is not unreasonable. 348 Neither is an ordinance of the City of Manila charging a fee for inspecting and listing an electric meter unreasonable as to justify the holding of the ordinance invalid upon that ground. 49 The Rule in the Philippines Specifically Stated.-In the Philippines, the rule is clearly stated by Justice Moreland as follows: If a municipal corporation has authority from the Legislature to enact an ordinance upon a given subject, such an ordinance is valid, unless it contravenes the fundamental law of the Philippine Islands, or an 346 Chief Justice Araullo in the case of U. S. v. Gaspay (1915) 33 Phil. 96; Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924) p. 470. 347 Justice Mapa in the case of Switzer v. Municipality of Cebu (1911) 20 Phil. 111; Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924) p. 484. 348 U. S. v. Ten Yu et al. (1912) 24 Phil. 1; Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924) p. 487. 349 City of Manila v. Manila Electric Railroad and Light Co. (1912) 23 Phil. 547; Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924) p. 490.

Page  254 254 LOCAL GOVERNMENT IN THE PHILIPPINES act of the Philippine Legislature. 350 Ordinances may not, however, contravene a constitution or statute and may be within the scope of charter powers; yet, if they seem to the court oppressive, unfair, partial, or discriminatory, they are declared unreasonable and void, whether this fact does appear from their face or from proof aliunde. 3S1 Administrative Proceedings to Determine the Validity of Municipal Ordinances.-Ordinarily, the determination of the validity of municipal ordinances is entrusted to courts, and the presumption of validity is as much accorded local laws as are statutes in general. Not infrequently, however, administrative proceedings are provided for to determine the validity of municipal ordinances. Such authority, for example, is given to the provincial board over ordinances and resolutions passed by the municipal council in the Philippines. The municipal secretary is required to forward to the provincial board, within thirtysix hours after a session of the council, a true copy of each ordinance or resolution passed or approved at such a session.352 The provincial board is authorized to disapprove such a resolution or ordinance if it is passed beyond the powers of the council. 353 But if the council is dissatisfied with the action of the provincial board, it may by a twothirds' vote appeal to the Chief of the Executive Bureau who may either affirm or reverse the decision of the provincial board. 354 These proceedings are not exclusive and recourse may, nothwithstanding, be had to the courts of justice to ascertain the validity of ordinances or resolu350 U. S. v. Abendan (1913) 24 Phil. 165. 851 Elliot, Charles B.: Municipal Corporations, (Chicago, 1910) pp. 147-153, and cases cited; Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924) p. 468. s52 Section 2232, Administrative Code of 1917. 853 Section 2233, Ibid. 354 Section 2235, Ibid.

Page  255 LEGAL POSITION OF LOCAL COMMUNITIES 255 tions.355 It will be observed that, under the law, the provincial board can only disapprove ordinances or resolutions passed beyond the powers conferred upon the municipal council. Therefore, as long as the municipal council acts within the limits of its legal powers, its acts cannot be questioned by the provincial board, s56 unless of course there is a clear indication of an abuse of power, or a wanton or capricious exercise thereof; and in such a case the power of supervision and control vested in the Secretary of the Interior may be justly invoked. 37 This provision of law is in harmony with the benign policy of the Government enunciated by President McKinley in his famous Instructions, of giving as much local self-government to the inhabitants of our organized communities as is compatible with law and public order. 358 The wisdom or advisability of a particular ordinance or resolution is primarily for the municipal council to consider.359 Taxes and Loans.-Taxation is said to be the greatest of all government powers, so pervading and insistent that, according to Chief Justice Marshall of the United States Supreme Court, the power to tax is the power to destroy. 300 This power is lodged exclusively in the legislative branch of the government, but is a power that may be delegated by the Legislature to municipal corporations, which are instrumentalities of the State in the administration of matters of local concern. Once created, the power of taxation is vested in them as an essential attribute, unless its exercise be expressly prohibited by the State. The 355 Section 2236, Administrative Code of 1917. 356 Op. Atty. Gen., 557. 357 Section 820, Administrative Code of 1917. 358 Vide ch. i et seq., supra. 359 Provincial Circular (unnumbered) Executive Bureau, September 16, 1918. 360 McCulloch v. Maryland (1819) 4 Wheat 316, 4 L. Ed. 579.

Page  256 256 LOCAL GOVERNMENT IN THE PHILIPPINES corporation has to provide for the preservation of peace, good order, health and the general well-being of the citizens; and the means to effect these purposes is taxation. As stated by Mr. Justice Field of the Supreme Court of the United States, "A municipality without the power of taxation would be a body without life, incapable of acting, and serving no useful purposes." 31 The Legislature could not have breathed the breeze of life into a corporation, to have it denied later the means of livelihood. Mere existtence does not satisfy life.362 Therefore, the right to incur an obligation implies the right to secure money by taxation to meet that obligation; and this right is conceded without any special mention that such a power is granted. 368 The power of taxation is, therefore, a power incident to a municipal corporation, and may be exercised for all the purposes authorized by the law of its creation or by subsequent legislation. Where, however, express power to levy and collect particular taxes is conferred, the power to levy and collect other taxes is excluded: so that if particular subjects of taxation are enumerated, the corporation has no power to enlarge them.364 This dictum logically follows from the rule, already referred to above, that a municipal corporation as a mere creation of the State can only exercise powers expressly granted or necessarily implied. 365 There are certain limitations that affect the power of taxation conferred upon municipal cor861 U. S.v. New Orleans (1878) 98 U. S. 381; Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924) p. 435. 362 Justice Moreland in the case of Province of Tarlac v. Gale (1913) 26 Phil. 338. 368 Lowel v. Boston (1873) 111 Mass. 454, 15 Am. Rep. 39. 364 Baldwin v. City Council (1875) 53 Ala. 437; Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924) p. 438. 365 State v. Smith (1871) 31 Ia. 493, and cases therein cited; Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924) p. 439.

Page  257 LEGAL POSITION OF LOCAL COMMUNITIES 257 porations, either by constitutional enactment or general statutory provisions. In our Municipal Law are laid down certain fundamental principles governing municipal taxation; namely, (1) that municipal revenue obtainable by taxation shall be derived from such sources only as are expressly authorized by law, (2) that taxation shall be just and in each municipality uniform, (3) that no import or export tax shall be levied upon goods coming from one municipality into another, (4) that the collection of municipal taxes shall not be let to any person, and (5) that except as allowed by law, municipal funds shall be devoted exclusively to local public purposes.""" A corporation, however, under a general grant, may make reasonable classifications and graduate taxes or license fees accordingly. A municipal ordinance classifying and graduating license fees for fishing privileges, according to the kind of fishing apparatus or equipment used, was held reasonable and valid.367 Licenses for the regulation of useful or non-useful occupations or enterprises are based on the exercise of the police power, and the general rule is that the power conferred to regulate and to issue such licenses carries with it the right to fix a license fee. This fee includes the expense of issuing the license and the cost of the necessary inspection, but does not imply a right to charge a license fee with a view to revenue, as then it would be an exercise of the power of taxation; and the law must unequivocally show the existence of that power. 368 Thus, on the other 366 Sections 2287 and 2288, Administrative Code of 1917; ch. ix supra. 367 U. S. v. Sumulong (1915) 30 Phil. 381; Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924), p. 441. 368 Cooley, Thomas M.: Constitutional Limitations, (Boston, 1903 7th ed.) p. 283, and cases therein cited; Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924), p. 452.

Page  258 258 LOCAL GOVERNMENT IN THE PHILIPPINES hand, an ordinance of the City of Manila requiring the construction of an arcade over the sidewalk in front of a building and imposing a fee equal to one-half of the assessed value of the portion of the sidewalk covered by the arcade, is held to be beyond the power of the City of Manila to enact. 36 Municipal taxes constitute a lien in favor of the municipality superior to all liens or charges in favor of private parties370 and civil remedies-distraint of personal property and legal action-are available to enforce the payment of delinquent municipal taxes. 371 Where, however, a municipal corporation, without authority, has demanded of a taxpayer the payment of an alleged tax and threatens to enforce the payment of the alleged tax by the seizure and sale of the property upon which the tax is alleged to have been assessed, the taxpayer may pay the tax under protest and sue for the recovery thereof. 32 In the absence of any special authority. a public corporation has no power to borrqw money or issue bonds for any purpose.'3 In the Philippines, regular and special provinces and municipalities, including those of Mindanao and Sulu and municipal districts, are granted such authority, subject to the approval of the Secretary of the Interior, to contract indebtedness in the form of loans from the Insular Government, the Philippine National Bank, and any other bank duly authorized, provided that the loan is "';' Cu Unjieng v. Patstone (1922) 42 Phil. 818; Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924), p. 447. 370 Section 2306, Administrative Code of 1917. 371 Section 2303, Ibid. 372 Ayala de Roxas v. City of Manila (1914) 27 Phil. 336. 373 Mayor v. Ray, 19 Wall. 468, I Op. Atty. Gen., 72; II Op. Atty. Gen. 378; Malcolm, George A.: lMunicipal Code, Annotated (Manila, 1911), page 6.

Page  259 LEGAL POSITION OF LOCAL COMMUNITIES 259 contracted to raise funds for permanent public improvements. 3'4 Provincial and municipal governments and chartered cities were authorized, upon the recommendation of the Secretary of Finance and subject to the approval of the Council of State, to incur indebtedness and issue bonds covering them, in such sums that the total of outstanding obligations of the province, municipality, or City was not to exceed seven per cent'Vnm of the aggregate tax valuation of its property, for the purpose of acquiring or constructing permanent public improvements.373 But this authority was later on withdrawn and the power reassumed by the Philippine Legislature.376 Liability for Tort.-As in the United States, municipal corporations in the Philippines are possessed of (1) governmental functions, and (2) corporate or business functions. The distinction is not often well defined, but it exists. The first class of functions is that which it possesses for public purposes as an agent of the State, like the adoption of regulations against fire and disea:se. the preservation of public peace, and the like. The other class is that which is corporate or proprietary, like the construction of municipal waterworks, the establishment of municipal slaughterhouses, markets. stables, fisheries, and kindred other public utilities. The corporation is not liable for the acts of its officers or agents in the performance of its governmental functions. The doctrine is based upon the sovereign character of the State and its agencies. To preserve the peace, protect the morals and health of the community, and the like, 374 Act No. 2791. s75 Section 11, Jones Law; Act 2894 as amended by Acts Nos. 2950 and 3051. 376 Act No. 3120.

Page  260 260 LOCAL GOVERNMENT IN THE PHILIPPINES is to administer government, whether it be done by the central government itself or be shifted to a local agency of the State. Indeed, the government cannot undertake to guarantee to any person the fidelity of the officers or agents whom it employs, since to do that would bring about in all its operations endless embarrassments, difficulties, and losses, which would be subversive of the public interests; 377 unless, of course, it is shown that they acted willfully and maliciously and with the express purpose of inflicting injury, or performed their duties dishonestly or in bad faith. 378 But in the performance of its corporate functions, as for example the administration of its patrimonial property, it is to be regarded as a private corporation or individual so far as its liability to third persons on contract or in tort is concerned. The corporation is not liable for honest mistakes made by its officers or agents. Thus, where a lessee of a municipal fishery was evicted for failure to pay his quarterly rents, the councilors are not personally liable for their error in resorting to the forcible eviction of the lessee without order from the court.379 But, where a person is operating a municipal ferry under lease from the municipality and the councilors, for no reason, rescinded the contract and dispossessed the lessee of the ferry, the councilors are jointly and severally liable for the damages suffered by the plaintiff from the rescission of his contract of lease of the ferry privilege in ques377 U. S. v. Kirkpatrick, 9 Wheat. 720; 6 L. Ed. 199; Beers v. Arkansas, 20 How. 527, 15 L. Ed., 991; Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924) page 505. s78 People v. May, 251 Ill., 54; Salt Lake County v. Cl nton (Utah, 1911), 117 Pac. 1075; Comanche County v. Burks (Tex. Civ. App. 1914), 166 S. W. 470; Monnier v. Godbold, 116 La. 165; 5 L. R. A., n. s. 463; Ray v. Dodd, 132 Mo. App. 444; Johnson v. Marsh, 82 N. J. L., 4; Gregory v. Brooks, 37 Conn. 365; Lecourt v. Gaster, 50 La. Ann. 521. 879 Municipality of Moncada v. Cajuigan (1912) 21 Phil. 184.

Page  261 LEGAL POSITION OF LOCAL COMMUNITIES 261 tion 380 The mere granting, however, of a license without the further showing of other affirmative acts does not make the municipality liable for damages caused to a third person by wrongful acts committed by the licensee.381 Power to Enter into Contracts.-Our municipal corporations have the power to contract and be contracted with, subject to specific limitations.382 The liability of a municipal corporation in contractual matters is the same as that of an individual or private corporation, and the rule is the same whether the contract has been entered into for a governmental or for a commercial purpose. But all persons contracting with municipal corporations must at their peril inquire into the power of the corporation or of its officers to make the contract.383 Contract beyond the scope of corporate powers are ultra vires and void. Unauthorized acts or contracts may, however, be ratified by the corporation, if within the scope of corporate powers.384 The Acquisition, Management, and Disposition of Property.-A corporation of public interest is endowed with the personality to acquire, manage, and dispose of property in accordance with the law of its creation. Provinces and municipalities in the Philippines have this authority. 385 The municipality may accept a legacy in its own right, 38m mortgage its property for the purpose of securing funds to pay the price of the said property remaining unpaid,387 receive grants for communal purposes, 380 Mendoza v. De Le6n (1916) 33 Phil. 508. 381 Palma v. Fernandez (1906) 7 Phil. 154. 382 Section 2067 and 2165, Administrative Code of 1917. 383 Dillon, John F.: Commentaries on the Law of Municipal Corporations (5 vols., Boston, 1911) I, p. 777. 384 Ibid. 385 Sections 2067 and 2165, Administrative Code of 1917. 386 Op. Atty. Gen., February 11, 1921. 387 Op. Atty. Gen., October 21, 1913.

Page  262 262 LOCAL GOVERNMENT IN THE PHILIPPINES 88 and register its patrimonial properties.""9 It may not, however, sell or lease public property, 390 lease foreshore lands, 391 appropriate public lands,3'2 purchase agricultural lands,393 engage in agriculture,394 or engage in business. 395 Deeds and contracts conveying title to real property are executed on behalf of the province by the provincial governor, upon a resolution of the provincial board and with the approval of the Governor-General. 3'6 In the case of municipalities, such contracts or deeds are executed by the president, upon resolution of the council and with the approval of the provincial governor.397 Appropriations and Expenditures.-A municipal corporation has the power to appropriate and spend money for purposes authorized by its charter. Local fiscal officers are required to submit detailed statements of municipal receipts and expenditures for the preparation of the budget. Provincial and municipal treasurers in the Philippines are required to submit such statements corresponding to previous years on or before the fifteenth day of January 388 City of Manila v. The Insular Government et al., (1908) 10 Phil. 327. 389 Municipality of Tacloban v. Director of Lands (1910) 17 Phil. 426 and other cases collected in Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924). 390 Civil Code, Arts. 344, 1271; Municipality of Cavite v. Rojas (1915) 30 Phil. 602. 891 Prov. Cir. No. 105, Executive Bureau, Nov. 13, 1914, citing pertinent laws. s92 Municipality of Tigbauan v. Director of Lands (1916) 35 Phil. 798. 393 Op. Atty. Gen., March 5, 1920. s94 Municipality of Tacloban v. Director of Lands (1911) 18 Phil. 201. 395 Kee v. Wayeross, 101 Ga. 588; cited in Luna, Rufino: Provincial and Muinicipal Code, Annotated (Manila, 1922), p. 136. 396 Section 2068, Administrative Code of 1917. s97 Section 2196, Ibid.

Page  263 LEGAL POSITION OF LOCAL COMMUNITIES 263 of each year. ': Upon the receipt of the statement corresponding to the previous year, the provincial board or municipal council makes a careful estimate of the revenues and receipts for the current year; and the statement or the receipts and expenditures for the preceding year together with the estimates and appropriations by the provincial board or the municipal council for the current year, is known as the provincial or municipal budget. 3"9 Municipal allotments for school purposes require, however, the approval of the division superintendent of schools, and the municipal budget has to be approved by the provincial treasurer who may disapprove particular items upon the ground that they are illegal or inadvisable. 400 Disbursements of funds must be made in accordance with law and regulations and are subject to the conditions and limitations stipulated. 4"' 39" Sections 2119 and 2295, Administrative Code of 1917. 3!!" Sections 2120 and 2296, Ibid. 40,, Section 2297, Ibid. 4'1 Sections 2122, 2299, and 2300, Ibid.

Page  264 CHAPTER XVII WHAT SHOULD BE THE RELATIONS BETWEEN THE GOVERNMENT AND OUR LOCAL GOVERNMENTS IN GENERAL? Ancient and Mediaeval Cities.-Men cannot be aroused to action without freedom. It is because of this inspiriting effect of freedom that history tells us that the ancient cities were great,-great because each city was at liberty to develop, build, and achieve. The city was the republic, the state. So were Athens, Corinth, Syracuse, and Rome, where civilization flourished and reached a high degree of development. 402 So also, we are told, were the mediaeval cities of Italy, Germany, and the Netherlands free,403 402 "Athens, Corinth, Syracuse, were the centers of art, culture, and the drama. There was no conflict between public and private rights, for private rights were not recognized when in conflict with public needs. The city built temples, rather than homes. Rich citizens adorned the city with expressions of their patriotism. Leisure was provided for, as were education, the drama, and the arts. The Greek city was free to change its form of government. It could collect revenues as it willed. It was free to spend them as the ambition of the community decreed. For the city was also the state."Howe, Frederic C., in European Cities at Work (New York, 1913), p. 269. 403 "Rome, too, was a city-republic. All Italy was tributary to the city, rather than the reverse. Here, too, civilization flourished again. And in Rome, as in Greece, the ambitions of men found expression in temples, gardens, public baths, amphitheatres, and other monuments of public character. "Florence, Genoa, Venice, Padua, the cities of mediaeval Italy, were also free. They had no distant overlord. In these cities, civilization awakened again after slumbering for centuries. They gave birth to the greatest art the world had known since Athens. They 264

Page  265 CENTRAL AND LOCAL GOVERNMENTS 265 where civilization-after slumbering for centuries-awakened to new life and vigor and, extending its beneficent influence to the cities of Germany and the Netherlands,4~' kept alive the liberty of Europe and laid deep the foundation of modern civilization. The world is greatly indebted to the city for its presentday civilization. By what is fatally the law of evolution, however, the city had ultimately to give way to a higher and more complex political organization, the State; and instead of being the lord and creator as it was originally, the city is now the vassal and the creature of the State. All the great cities of the world are awakening at the recollection of the freedom enjoyed by ancient and mediaeval recalled the learning of the past, and produced painters, architects, and men of learning whose work has enriched subsequent generations. In these cities, the rich merchants vied with one another not only for power, but for the beautification of their cities. They, too, were free to give expression to their ambitions without the supervision of constitutions, laws, or the authority of a jealous overlord."Ibid., p. 260. 404 "The mediaeval cities of Germany and the Netherlands were free cities. Frankfort, Hamburg, Bremen, Lubeck, Nuremberg, Brussels, Bruges, Ghent-in these cities, commerce came to life. The burghers cast off the chains of the dark ages. They bought or fought for their freedom from the baron on whose territory the cities came into existence. And freedom produced the splendid halls which still adorn these cities. The guilds erected palaces which still remain in Brussels, Bremen, and Frankfort."-IbidL, p. 260. "... Democracy in Great Britain sprang from local government, just as in the Middle Ages liberty sprang from the towns in the struggle with feudalism. And history nowhere presents a completer vindication of the trustworthiness of the people than the history of local government during the past three-quarters of a century in Great Britain. Where privilege failed, democracy achieved its greatest triumph. Amid ignorance and poverty, the most complex problems of government existed. The people were for the most part untrained. They were inexperienced in political activities. For centuries they had been bought and sold in furtherance of the designs of the privileged classes."-How ' " - T Rritish City (New York, 1907) pp. 18-19.

Page  266 266 LOCAL GOVERNMENT IN THE PHILIPPINES cities. More freedom is now the watchword cried out from the towers of city-halls the world over. Social and political changes and upheavals in the Old and the New World are reflected in the Philippines. Our municipal laws and institutions are the result of the grafting of Latin and Anglo-Saxon laws and institutions upon Philippine indigenous civilization. We have seen that Philippine cities and towns are at the mercy of the Central Government, without freedom or liberty of action. Should this condition be the case, then what in general should be the relations between the Central Government and our local governments? Should these local governments be left alone in the administration of their affairs, or should the theory of overwhelming State control over those local units prevail? The Right of Local Self-Government.-There is a divergency of opinion on whether or not there is such a thing as the right of local self-government. Some writers believe that there is, and that it is an absolute right in what the State can not take away. "It would be the boldest mockery", said Judge Cooley of the Supreme Court of Michigan, "to speak of a city as possessing municipal liberty where the State not only shaped its government, but at discretion sent in its own agents to administer it; or to call that system one of constitutional freedom under which it should be equally advisable to allow the people full control in their local affairs, or no control at all." 405 On the other hand, it is maintained that there can be no inherent right of local self-government, if it is admitted that local governments are mere auxiliaries or instrumentalities of the State, 405 People ex rel. Le Roy v. Hurlbut et al. (1871) 24 Mich. 44; Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924) pp. 117, 129.

Page  267 CENTRAL AND LOCAL GOVERNMENTS 267 brought to life at the instance of the sovereign power. In the absence of constitutional provision, it is said that the power to create implies the power to control and even to destroy. 4o It is a historical fact that local government was anterior to the State, and that the people first enjoyed the blessings of local government before they ever came under the sway of higher political organizations. And in the United States, we are told, local governments were either simultaneous with, or preceded, central authority. 407 The 406 Booten v. Pinson (1915) L. R. A. n. s. 1917-A. 1244. 407 In Maassachvsetts, originally a democracy, the two may be said to have been at first identical; but when the colony became a representative government, and new bands pushed out into the wilderness, they went bearing with them grants of land and authority for the conduct of their local affairs.-Hurchinson's Massachusetts Bay, ch. 1; Washburn's Jud. Hist. of Mass., ch. 1; Body of Liberties, 62, 66, 72; Eliot's New England, Vol. 4, pp. 425, 427. But in Connecticut, the several settlements originated their own government, and though these were doubtless very imperfect and informal, they were sufficient for the time being, and the central government was later in point of time. Trumbull's Hist. of Conn. Vol. 1, pp. 132, 498; Palfrey's NNew England, Vol. 1, p. 454. What the colony did was only to confer charters, under which the town authority would be administered within agreed limits, and possibly, with more regularity than before. In Rhode Island, it is also true, that township organization was first in order of time. Arnold's Hist. of R. I. ch. 7. This author iustly remarks that, when the charter of Rhode Island was suspended to bring her under the dominion of Andros, "the American system of town governments, which necessity had compelled Rhode Island to initiate fifty years before, became the means of preserving the liberty of the individual citizen when that of the state, or colony, was crushed."-Vol. I p. 487. So in Vermont, the people not only, for a time conducted all their public affairs in towns and plantations, through committees, officers, and leaders, nominally appointed and submitted to by general consent and approbation, but they carried on their controversy with New York for some years, without any other organization.-Williams' Hist. of Vermont, Vol. 2, p. 163. In New Jersey, as in Massachusetts, towns were chartered in connection with grants of land, and in some instances, those which were made by Nichols, adverse to the proprietary, were suffered to remain after his authority was superseded.-See instances in Malford's Hist. of N. J. pp. 143-144. The charter to Lord Baltimore plainly recognized

Page  268 268 LOCAL GOVERNMENT IN THE PHILIPPINES truth is that in the absence of constitutional requirements, the right of local self-government cannot exist if the power of the central authority, as in most cases, is absolute. In President McKinley's Instructions, which constitute a portion of our constitutional law, local self-government is especially recognized and protected in the Philippines. 408 The rules laid down, however, would seem indicative of govlocal government in the provision requiring the laws and ordinances established to conform to the laws, statutes, or rights of England.Bozman's Hist. of Maryland, p. 290. And county authorities seem to have existed from the very first, though their statutory organization, if any they had, cannot be traced.-Bozman, pp. 299-303. But it cannot be necessary to particularize further. The general fact was, that whether the colonial or local authority should originate first depended entirely upon circumstances which might make the one or the other the more immediate need. But when both were once established, they ran parallel to each other, as they were meant to do for all time; and what Mr. Arnold says of Rhode Island, may be said generally of the eastern and middle states, that the attempt of the last two Stuarts to overthrow their liberties was defeated by means of the local organizations. The scheme tried first in England, to take away the corporate charters in order to make the corporators more dependent on the crown, and to restrain them from political action in opposition to the court party, found, in America the colonial charters alone within the reach of arbitrary powers; and though these were takne away or suspended, it was only with such protest and resistance as saved to the people the town governments. In Massachusetts, it was even insisted by the people's deputies that, to surrender local government was contrary to the Sixth Commandment for, said they, "men may not destroy their political, any more than their natural lives". So, it is recorded, they clung to "the civil liberties of New England" as "part of the inheritance of their fathers."-Palfrey's New England, vol. iii pp. 381-383; Bancroft's U. S., Vol. 2, pp. 125-127; Mass. Hist. Col. XXI, 74-81. The whole contest with Andros, as well as in New England, as in New York and New Jersey, was a struggle of the people in defense of the right of local government. "Everywhere", says Dunlap, "the people struggled for their rights and deserved to be free".-Hist. of N. Y., Vol. 1, p. 133; and see Trumbull's Hist. of Conn., Vol I, ch. xv. 408 U. S. v. Salaveria (1918) 39 Phil. 102; Laurel, Jose P.: Cases on Municipal Corporations (Manila, 1924) 358.

Page  269 CENTRAL AND LOCAL GOVERNMENTS 269 ernmental policy rather than a recognition of the right of local self-government. Local Government a Constwat Suppliant for Powers.The truth is that our local governments are constant suppliants for power from the Legislature. This fact necessarily results from the Anglo-American legal doctrine that municipal corporations are creatures of the State and possess only express and necessarily implied powers. This doctrine is not conducive to local autonomy or home rule, and is incongruous with the benign policy enunciated by President McKinley in his famous Instructions. President McKinley contemplated self-governing units. We have so far resorted to the system of sporadic amendments of our local laws, until in some cases we have reached the point of mutilating them, when we should have realized that the fundamental defect is in the system. Used to receiving what was given to us, we seem to fear treading upon new ground, even at the behest of progressive movements and modern political thoughts. The inefficiency of the local government lies in the fact that this body politic is not free to do what is deemed necessary for its progress. The control of the Legislature over local governments has shown itself ineffective in other directions. The legislative control has proved to be also destructive of the local spirit. The Legislature has in some cases failed to distinguish between the local government and the State government and has extended its control over one branch of activity as well as over the other. Often municipal policies which are distinctly local are frequently determined by the Philippine Legislature. The exercise of the legislative control over local government has been found to be disastrous because of the fact that, in many instances, it has been made use of for the interest and

Page  270 270 LOCAL GOVERNMENT IN THE PHILIPPINES benefit of the State and of national parties, and not for the benefit of the municipal government. If, as we have indicated above, we trace the position of local government from the ancient time to the present, it will be interesting to note that the local government had at times been completely free and autonomous and at other times completely under the control of the central government. From complete independence, the local government was shifted to oligarchy and aristocracy, and from that into a complete subjection to a larger state. Political scientists differ in the matter of the concession of powers to local government and more so in the determination of relations that should exist between the central government and the local agency. There are some authorities who advocate absolute constitutional home-rule and some for a limited local self-government, subject to the supervision of the State. They are all agreed, however, on granting local government all the necessary powers for the purposes of local administration. The opinion is also general that, inasmuch as the local government is a part of the central government wherein it is located, it is but proper that the latter should exercise some kind of control and supervision over the former. After a brief survey of the historical development of the local governments in the United States, Professor Goodnow has shown that the whole tendency of modern times is always for more centralized power than for local home-rule. The reasons for this tendency are: that matters which were once of purely local interest have now become general; that in modern life, commerce and industry have become State concerns; and that it is impossible to determine arbitrarily the point at which State interest ends and municipal interests begin. These reasons are of weight

Page  271 CENTRAL AND LOCAL GOVERNMENTS 271 and are worthy of thoughtful consideration. But while matters which are of local interest have now become of general or State concern, it is yet possible to determine what should be, in this jurisdiction at least, Insular or State functions and what municipal or local. Local government in the Philippines derives its power to act and its existence from the State. However, there is no reason why there can not be established well-defined relations between the central government and the local government. Of course, there must be some kind of supervision over local governments, if the supremacy of the State is to be maintained. But this supervision and supremacy are not irreconcilable with the concession of autonomous powers to our localities. The less supervision there is, the less will be the occasion for antagonism and friction between the State and the local government. The more completely the central government grants powers to the local government for the satisfaction of local needs, the less occasion will there be for the latter to invoke the aid of the former unnecessarily. The local government should be equipped with all necessary local governmental powers. As a local institution, it needs from the central government adequate and ample powers to enable it properly to exercise the functions intrusted to it as an instrumentality or agency of the State. When all is said and done, we can see no reason why there can be a conflict of authority between the local government on the one hand and the central government on the other. After all, the distinction between the central government and the local government is one of topography. 409 In the United States, each state is within the domain 409 Deming, Horace E.: The Government of American Cities (New York, 1909), ch. ix, pp. 125-139.

Page  272 272 LOCAL GOVERNMENT IN THE PHILIPPINES and boundary of the Federal Government. The Federal Government within the limits of its authority is supreme; and yet, in spite of this supremacy within its jurisdiction, it does not and cannot prevent each state government from possessing and actively exercising absolute authority and control within its own proper domain. In the Philippines if the Central Government could keep within its own jurisdictional field, no reason is perceived why within the physical area of the municipal corporate limits, both the Central Government and the local government could not have and should not exercise full powers correspondingly belonging to each of them. 410 State and Local Policies.-It is not seen why there should be a clash between the State and the local government if the powers and policies of each entity could be delimited. First, as regards the determination and execution of local policy. A local policy is enforceable only within the boundaries of the locality. A state or general policy is enforceable within the boundaries of thle state, and all localities are bound to its observance. The determination of local policies should be left to the local government. The Insular government or the State is not in any advantageous position to pass upon the wisdom and expediency of these local policies. The Insular Government may lay down a general, broad, and comprehensive policy regarding the local government; but any attempt on its part to assume the policy-determining functions of the local government will convert the local government not only into a political ward, but will result in its practical absorption by the central authority. There are certain matters which are general and nation-wide upon which the central authority has to lay 410 Deming, Horace E.: The Government of American Cities (New York, 1909), ch. ix, pp. 125-139.

Page  273 CENTRAL AND LOCAL GOVERNMENTS 273 down a general policy. Quite a number of important functions of government, such as deal with health, education, and the public peace, may of course be handled better through the broader authority of the State; but this accident of expediency is no reason for not granting or allowing local governments the freedom of self-expression which is consistent with sound national policy and law. How will both entities act and how can the conflict be avoided? Logically enough, a general policy will control local policy, in the same way as an act of the Philippine Legislature will prevail over local ordinances and regulations. In cases where the Central Government has pronounced no definite, well-defined policy, the local policy controls as a matter of course. One of the crying evils of local government in the United States is the persistent legislative interference with the details of purely local administration, an interference which has confused and complicated municipal problems in that country. 41 The Determination of Local Policy: the Reversal of the System.-The difficulty, of course, lies in the determination of matters which are of general or state concern and those which are of local or municipal concern. Otherwise, it is argued, how can the local government be prevented from encroaching upon State functions and vice versa? 412 Our local government, I repeat, is a body politic of enumerated and delegated powers. Its powers are mentioned with great particularity, with a "general welfare clause", as a safety-valve to enable the local unitto exercise police powers not otherwise provided for or foreseen by the legislator. 4X1 Deming, Horace E.: The GovernTent of American Cities (New York, 1909), chs. ix and x, pp. 125-152. 412 Deming, Horace E.: The Government of American Cities, (New York, 1909), pp. 125-139 especially p. 131.

Page  274 274 LOCAL GOVERNMENT IN THE PHILIPPINES The legislative powers of our municipal councils are classified into mandatory and discretionary.413 The sources of municipal revenue are likewise specifically mentioned. 41 Now, if the powers of our local government can thus be clearly specified, why cannot the system be reversed and instead of an enumeration of powers, let it be a general grant of powers and an enumeration of restrictions, as is the system which obtains in some European countries?415 The system would, indeed, be conducive to local autonomy and limited home rule, would to a very great extent avoid frequent amendments of our local laws, and would end the practice of constant supplication by local governments at the bar of the Philippine Legislature for the extension of more powers. Then, also this system will probably be a starting-point of the solution of the fundamental problem of local taxation, as thereby sources of local taxation will not have to be specified except those that are not local or municipal or which are Insular or State. Take, for instance, the enumeration of the sources of revenue found in Section 2307 of the Administrative Code. We find theaters, museums and concert-halls mentioned. How many municipalities have theaters, museums, and concert-halls? Few, indeed! On the other hand, there are establishments of all kinds, like barber-shops, which abound in our towns and which, because they are not specifically mentioned in the law, are not subject to local taxation; and this fact is so because of the Anglo-American doctrine of the enumeration of powers and the legal maxim of in418 Sections 2242 and 2243, Administrative Code of 1917. 414 Section 2307, Ibid. 415 Goodnow, Frank J.: Municipal Government, (New York, 1910), pp. 109-111; James, Herman G.: Municipal Functions (New York, 1917), p. 348; Laurel, Jos4 P.: Cases on Municipal Corporations (Manila, 1924), pp. 198-201, footnotes.

Page  275 CENTRAL AND LOCAL GOVERNMENTS 275fi clusio unius est exclusio alterius. The necessity for a broader interpretation seems to have appealed to our court of last resort, so that in one case a comprehensive interpretation was given to Section 2307 (g) of the Administrative Code by holding that cinematograph theaters are included in the words "theaters, museums, and concert-halls."""4 Unrestricted municipal home-rule is not advocated; for as long as the local government is within the physical boundary of the State, is an auxiliary of the State, and as such may be used by the State within its corporate limits as an agent of the Central Government in the administration of a general State policy, the State must continue to exercise some kind of administrative supervision or some degree of control. Then, too, unlimited home-rule will lead to confusion and unavoidable conflicts, as the local government will likely arrogate unto itself powers deemed properly to belong to the State and the result will be a political antithesis: imperium in imperio. There is no reason, however, why local governments should be wholly subordinated to the State, especially in the matter of the determination and execution of purely local policies. A local government should have all the necessary powers to enable it to perform its functions of local government and administration within the territorial limits; and for this purpose, it must be clothed with all the powers of government which are not inconsistent with the organic or general laws. In clothing the local government with governmental powers, it must be given not an enumeration of powers, but a general grant, a presumption in favor of powers requisite to the performance of functions of a local government; and with this end in view, the structural plan 418 Pimentel v. Municipality of Daet (1924) XXII Off. Gaz. p. 1605.

Page  276 276 LOCAL GOVERNMENT IN THE PHILIPPINES of our government should be simplified towards a concentration of responsibility in a few officials who are elevated to position and power by popular will. This goal should be the hope and insistent attitude of a people in small democracies wherein the heart of all the people throbs with the spirit of freedom. It is a good thing to be conservative in political thought and action. It is said to be the Briton's boast that he cares nothing for political abstractions, that he is moved by no philosophy of government, and that he advances from point to point with his hand always resting on the past, ready to retire in case of error.41 But when it comes to the granting of freedom to our towns and localities, let that conservatism be progressive and the people be given the opportunity to breathe that free air which invigorates true democracy and makes our self-governing communities the true bulwark of the priceless liberties of the people. 417 Frederic C. Howe in The British City (New York, 1908).

Page  277 CHAPTER XVIII MUNICIPAL REFORMS Reform Movemnents.-The machinery of our local government has been in operation during the last twenty-four years, under the laws passed in 1901. They have been amended from time to time to suit the changing conditions. But anyone who asserts that the machinery of our local government has reached the acme of perfection is either insincere in his opinion or is blind to the facts about him, for our local governmental machinery has yet much to be desired. It is, therefore, high time that there should be some form of organized movement for the betterment of our local government. In the United States, we find all sorts of organized reform movements for the betterment of local government, sponsored by diverse municipal-reform organizations. Some of these entities are national in their scope and their membership is recruited from cities in all parts of the United States. They aim at the general civic improvement of the country through the civic education of the masses. The most striking examples of this type of reform organizations are the National Municipal League of America and the American Civic Association. Some organizations are only local in their scope of activities and confine their efforts within the bounds of a single state, while others are still more limited in membership and activities. The Municipal Government Association 277

Page  278 278 LOCAL GOVERNMENT IN THE PHILIPPINES of New York State and the Massachussetts Civic League furnish good examples of the first type. These organizations are very much like the national organizations in general purposes and methods. The entities of the second type are exemplified by the Citizens' Union of New York and by the Municipal Voters' League of Chicago, which are strictly local in their purposes and methods. Besides the foregoing types of reform organizations, there are clubs, leagues, and federations which are chiefly civic in aim, but which do not participate actively in municipal politics. But one of the interesting phases of the municipal reform movement in America is the rise of "bureaus of municipal research," maintained for the thorough study of municipal problems and equipped with welltrained staffs of investigators. Many are found in such cities as New York, Philadelphia, Baltimore, Boston, and Madison. Some bureaus are maintained by public funds and are under official direction, as in Baltimore and Boston. In other cities as New York and Philadelphia, they are supported by private funds and are under the control of a board of citizen-trustees. All these organizations are not without defects; but they have accomplished quite a number of good things for municipal government. For instance, the Municipal Voters' League of Chicago is considered to be the most important factor in making the municipal council of Chicago "one of the best in the United States both in the average caliber of the men chosen to it and in its methods of work".41 Such bodies as the Short-Ballot Organization, City-Planning Conference, and the National Civil Service Reform League are proving to be influential in law-making, "as indicated 418 Munro, William Bennett: The Government of American Cities (New York, 1917), p. 370.

Page  279 MUNICIPAL REFORMS by the laws that have gone upon the statute-books through their efforts."'9 When these reform organizations are proving to be a real need in America, how much more would be the need for such forces for good in the Philippines? Reforms in our City Government —If reforms are to be instituted in our local government, they should consist of simplifying government machinery, of putting capable and honest men in office, and of making offices attractive to such men. Unless offices in our local government are made attractive to capable men, no reform, however wellmeaning it may be, can possibly be effected. Our local officers are, in general, good men; but better men may be attracted. It is said that very many of the councilors, in whose hands is placed the law-making function of our local government, do not even understand simple parliamentary rules; so that it is not a rare thing to see turbulent meetings and unwarranted discussions which could be avoided if the members were better informed. How unnatural, then, would it be to expect them fully to understand municipal problems and municipal administration! Local offices can be made attractive by attaching to them an opportunity for real constructive service to the community and for real power for good, commensurate with the responsibility that goes with it. Present tendencies in the administration of local government here and elsewhere are bringing out the business aspects of government. The problems in the administration of a big business corporation are in some respects similar to the problems of a city government. The success of a business corporation lies very largely in the efficiency of its internal organization. An enumeration of sound political principles in the city charter cannot accomplish sub419 Munro, William Bennett: The Government of American Cities (New York, 1917), p. 370.

Page  280 280 LOCAL GOVERNMENT IN THE PHILIPPINES stantial results unless such principles are supported by an army of capable and upright men and by an efficient internal organization. Up to the present time, little or no attention is being given to the workings of the mechanism of local government, especially to those minor things which in business organization are placed under the care of experts in their respective callings. Besides this deficiency, the political aspect of government is so overemphasized that its other important aspects have been lost sight of. Reform Should be Instituted in Ouwr Chartered Cities First.-jNow that we have shown the line along which reform in our local government should proceed and the types of reform organizations that are now engaged in securing better local government, the next question is: "How shall we proceed in our attempts at reform?" Experiments, be they in business or in science, are always conducted at first on a small scale and in a limited sphere. The most logical starting-point for reforms in our local government should be in our few cities and advanced localities. We have seen some of the defects of the organization and administration of our city governments, with their elective council and appointed mayor. INot to speak of the commission form of city government, a modified form of the city-manager plan of government may perhaps be attempted for the City of Manila as a part of our program of reforms. Under the city-manager plan, with non-partisan elections, responsibility can be centralized and political partisanship can be eliminated, while the incentive to efficiency on the part of the city officials will be increased. The success of this form ot city government in the United States seems to justify us in

Page  281 MUNICIPAL REFORMS 281 attempting to give it a fair trial here in the Philippines. 420 A similar plan may be designed to suit the conditions prevailing in Baguio and advanced municipalities in the Philippines. 420 The City-Manager Plan.-The city-manager plan, or, as it is called in Dayton, the commission-manager plan, provides for a single elective board of directors often called a commission or council. This commission receives nominal salaries or none at all, and the members are left free to continue their private careers without interruption. Their main functions are to hire and supervise an appointive chief executive called the city-manager, who holds office at their pleasure, and also to pass ordinances in their character as the representative element of the community. The city-manager is the chief executive of the city. He may or may not be a local resident, and he is holding the office in the capacity of an expert in matters of municipal administration. In small cities, he is generally a practical civil engineer; but in large cities~ he must be a man of broad executive experience. The city-manager's salary should be the largest in the city. The city-manager plan, which is a development of the commission form of city government, was devised to remedy two chief defects in the said commission form; namely, (1) the lack of concentration in administrative responsibility, and (2) the tendency to put the various departments in direct charge of men who have no expert qualifications. The powers of the city-manager may be briefly divided under four heads: (1) advisory, (2) enforcing of ordinances, (3) appointing and removing subordinates, and (4) the controlling of all city departments. In the first place, the city-manager attends all meetings of the commission in an advisory capacity, with the right to take part in the discussions, but without the right to vote on any matter. He recommends to the commission any measures that he may think expedient, and is instructed to keep it fully informed on the financial needs and conditions of the city. He has no power to appropriate or to raise money for any purpose, this prerogative being left to the municipal council. Secondly, it is his duty to see to it that the laws and ordinances enacted by the council are enforced, so that he is thus made in law as well as in fact the real executive head of the city. The most important of his specific powers is the appointment and removal of the heads of the city departments and all subordinate employees or officials. His powers of appointment and removal are, however, limited. In appointing the heads of the departments, he should make

Page  282 282 LOCAL GOVERNMENT IN THE PHILIPPINES The Use of the Initiative, Referendum, and Recall.The Initiative, Referendum, and Recall are the means by which the control of local government may be made popular. The use of these three means of popular control is based his appointment on a basis of fitness, and merit alone, but he may determine these qualities in any way he chooses. In the case of employees of the "classified" service, the city-manager must make his selections under the regulations of the Civil Service Board. These appointees, however, may be removed at any time and for any reason. Finally, the city-manager has the control of all the city departments. He keeps the departments in touch with one another, adjusts and plans their chief work, settles differences that may arise among them, and acts as general supervisor of them all. He is empowered to conduct investigations without notice, and any investigator appointed by him has powers to compel the attendance of witnesses and the production of books. Rcsults of the Work of the City-Managzr —From the experience of many American cities as reported by Professor Munro, we can summarize with him the results of having a city managed by a citymanager: 1. It has secured expert administrators.-It has secured for the city a trained man for the head of its administrative service. The first city manager of Dayton had been Chief Engineer of the Department of Public Works in Cincinnati. Springfield took as the first head of its enterprise a man who at the time of his appointment was general manager of the city of Staunton, Virginia. Jackson, Michigan, secured as its first chief manager of the city an engineer of Dayton, Ohio. The first city-manager of Sherman, Texas, had been serving as general superintendent of the town of River Forest, Illinois. Amarillo, Texas, chose as its first city-manager the man who had made a success of a similar post in the smaller Texan city of Roswell. Many other examples can be mentioned, but it is sufficient to show here that the municipalities under the city-manager are not only making an earnest effort to secure men of skill and experience for their chief administrative posts, but that they are meeting with at least tolerable success in that direction. 2. The adoption of the city-manager plan has improved the methods of local finance. In many cities, it resulted in lower current expenditures, a reduction of the bonded debt, and a liquidation of floating indebtedness. 3. The city-manager plan has secured a certain degree of administrative efficiency. It secured marked improvements in the methods of the city employees, in the care of the public health, and in the

Page  283 MUNICIPAL REFORMS 283 on that time-honored principle of the consent of the governed. The popular control of government, however, is not a newfangled notion. In some form or another, it has been known since the dawn of historical times. The Athenians had their Ecclesia; the Romans, their Comitia Tributa; and the Swiss, their Landes Germarude. The Initiative accomplishes its purpose of giving the exercise of those general functions which may be classed under the heading of community betterment. 4. The city-manager plan has gained the sympathy of the taxpayers. The commercial organizations in the American cities are strongly in favor of the plan; and the tax-payers, as a rule, are also supporting it. Problems of the City-Manager Plan.-Mr. Frank D. Stringham, City Attorney of Berkeley, California, believes that the plan will meet with success in small cities, but that it will often be a failure under present conditions: 1. "Because localities are opposed to the employment of strangers whenever home talent is ready and willing to take the position. There are as many men who think that they would make good mayors as there are doctors who think that they would make good school directors. It is this same provincialism that moves chambers of commerce to resent the purchase of municipal supplies from competitive dealers in neighboring cities. 2. "There is no class of qualified city-managers to draw from." (This statement, of course, may readily be refuted, for we can easily train men for the position, as there are in the Philippines always ready hands as far as handling governmental affairs is concerned.) 3. "The council will control his appointment. This... characteristic, I think, is the chief objection to the plan. It adheres to all systems, and even this control may be better than the tendency to leave the appointment to the disposal of four or five heads of departments. 4. "There is a feeling which has grown up among American municipalities that their employees have a sort of vested right in their positions. Charters provide that their officers and employees cannot be removed without trial and this fact is true of even appointive positions. The recall does not effectively cure this defect, because it affects certain officers only and because also it is cumbersome, expensive, and subject to grave abuses." On the city-manager plan, vide ch. xv, William Bennett Munro, The Government of American Cities (New York, 1919); H. A. Toulmin, Jr., The City Manager (New York, 1915); Annals of the American Academy of Political and Social Science, Commission Government and The City Manager Plan (Philadelphia, 1914); H. S. Gilbertson, "The City Manager Plan" in Proceedings of The National Civil Service Reform League, 1913, pp. 127-138; and other authorities cited in W. B. Munro, The Government of American Cities (New York, 1919), p. 400. For a selection of city-manager charters, see The City Manager Plan of Municipal Government issued in 1913 by the National Ballot Organization (383 Fourth Avenue, New York City).

Page  284 284 LOCAL GOVERNMENT IN THE PHILIPPINES people a greater participation in government by enabling a sufficient number of the electorate to cause a legislative measure to be brought to a popular vote. With the use of the Referendum, no municipal measure can be enforced until the opinion of the voters can be expressed upon its wisdom or expediency. The use of the Initiative and Referendum has been devised because of the declining faith in the integrity and good judgment of elective law-makers and the increasing interest of the voters in public questions. If either the city-manager plan or the commission form of local government is to be given a fair test, it should go hand in hand with the use of the Initiative and Referendum. With the concentration of powers and responsibility in the hands of the few under the proposed form of local government, the interest of the public is likely to be imperilled. But the use of these means of popular control should be resorted to only in a limited extent. Direct legislation is most likely to give good results in a small country, with a homogeneous population, intelligent and unemotional, not dominated by party organizations or stirred by party bickerings. The best proof of the citizens' competence is the successful discharge of this function.421 The most incontestable merit proclaimed for direct legislation is its educative value-unequalled as an instrument of practical instruction in politics. Here is an opportunity, a plan, which thrusts on the voter the responsibility of declaring a definite opinion on a specific proposition by forcing him to ask himself: "Is it sound in principle? Will it work? Shall I vote for it or against it?" Bearing in mind the political consensus of the people of these Islands, their training in democratic government, not to speak of the repeated charge of the apathy towards governmental questions and problems in general, an un421 So far, Switzerland alone has given that proof.

Page  285 MUNICIPAL REFORMS 285 biased observer cannot conscientiously recommend the adoption of a pure democracy in our municipal governments-not even the use of the Initiative, Referendum, and Recall in all matters of legislation. If direct legislation has not been very successful in countries, such as the United States of America, where the people have had decades of training and experience in a democracy, untold success for the Philippines would be a beautiful but unrealizable vision. Yet, for all this misgiving, a thoughtful mind cannot but find some commendable features in direct legislation. It may be profitable for the Philippine Islands to have its municipalities adopt a limited form of direct legislation; namely, an initiative and referendum on questions of vital importance to the municipality, as the building of sewage and water systems; the issuing of municipal bonds for public improvements, to be used for the beautification of the municipality as well as for school purposes; the building of hospitals and dispensaries for the poor and the mental defectives; and, above all, the most important, a referendum and initiative ought to be had when a district desires itself segregated from, or incorporated with, any municipality, with only the people in the district concerned taking part in the voting. In all these questions, the requirements for the exercise of initiative should be high enough so as to forestall all chances of abuse. The problem of recall for the municipal officers in the Philippines cannot be adequately passed over without notice. The idea of shame connected with the recall from a public office may be enough deterrent as well as incentive to make our elected municipal officials more mindful of their duties and their morals, and consequently, may make them render better service to the municipality and the State. Filipino psychology would seem to justify this expectation, although the object sought by the promoters of the system would seem too much like an idle vagary of the visionary. Athenian democracy is hardly possible nowadays, because the Athens of the Areopagus and the Acropolis is nothing but a phantom of the memory. But, as

Page  286 286 LOCAL GOVERNMENT IN THE PHILIPPINES aptly stated by one of the author's former students, the world has shown that no practical result has ever been realized without first being conceived in the realm of abstraction. The adoption of any form of direct legislation in the Philippines ought not to be forced unless circumstances shall warrant it. Radicalism, no matter how democratic, may prove detrimental to the Islands. In politics as well as in other activities of national import, we should "Keep close to the shore: let others venture on the deep." 422 Wherefrom it is manifest that in the institution of governmental reforms in the Philippines, be they municipal or Insular, three considerations are unshirkable: forethought, caution, and an abiding faith in the ultimate justice of the people. 428 While it is politic to remember that "Where there is no vision, the people perish," 424 we should always be chary of surrendering ourselves to any wild-goose chase-to the hunt of the philosopher's stone which will transmute all base metals into gold-to the pursuit of the pot of gold at the foot of the rainbow-to the search for square pegs to fit into round holes, or of the master-key which will open all locks-to the quest for Ponce de Leon's Fountain of Youth or the nectar and ambrosia of the Olympian gods wherewith to make restless man cast off the flesh of his mortality. With the seer of Locksley Hall, let us encourage the presence and mission of".... statesmen of her council met Who knew the seasons, when to take Occasion by the hand, and make The bounds of freedom wider yet." 425 From the greatest exponent of democracy, Woodrow Wilson, we glean this imperishable truth: "Change is not interesting unless it is constructive, and it is an age of construction that must put fire into the blood of any man worthy of the name." 422 "Litus ama:... altum alii teneant."-Virgil in the Aeneid. 428 "Why should there not be a patient confidence in the ultimate justice of the people? Is there any better or equal hope in the world?"-Lincoln, Abraham: First Inaugural Address, March 4, 1861. 424 Proverbs, xxix. 13. 425 To the Queen-Tennyson, Alfred.

Page  287 APPENDICES

Page  288

Page  289 APPENDIX A PROSPECT AND RETROSPECT-MILESTONES IN FILIPINO LOCAL AUTONOMY The approach of the Filipino People to the Non Plus Ultra of political perfection has been effected through no political, economic, or social upheaval, but through the natural process of growth. Our political development has been characterized by neither the blood-curdling sans-culottism of the French Revolution nor the dwarfing opinionatedness of the venerable fathers of old Cathay. As in other countries which have evolved politically by slow but certain degrees, we established our governmental institutions in the early days, not because some crotchety individuals among us had decreed thus and so, but because government is essential to the existence and permanence of any society. Our movements on the highway of political progress have been distinctly graduated; and if it is true that we have suffered certain delays on the way, our history shows that we have been tolerably free to look forever forward. The following dates and events evince the progress of our people in their patient quest of the truth in that brief but meaningful phrase Local Autonomy: I. (?)-1571. The institution of the Barangay among the pre-Spanish Filipinos. Beginnings of tribal government, with the head or chief as absolute lord. II. 1571-1893. The Encomienda system implanted by the Spaniards. The organization of provinces and pueblos. The institution of the Principalia. Barangays grow into villages and later pueblos. The seeds of civilization are readily sown. Barangay chiefs are designated as cabezas de barangay with tax-collection as their main function. Election of officials begun, 289

Page  290 290 LOCAL GOVERNMENT IN THE PHILIPPINES though with little or no semblance of veritably popular selection. III. 1893. The Maura Law (May 19), Spain's belated and half-hearted tribute to Filipino ability in local self-government. Establishment of tribunales municipales and juntas provinciales. The Maura Law falls short of its legitimate goal because of the retention of the rights and prerogatives of the Principalia class, the straitlaced centralization of powers, the continued intervention of the Church in State affairs, the limited franchise granted, the inadequate election method devised and enforced, and the defected financial system instituted. The Maura Law, nevertheless, must be pronounced a creditable piece of legislation because it was the best that Spain, in her declining years in this country, could possibly give. IV. 1896-1898. The Filipino Revolutionists appreciate the importance of local autonomy, and organize the towns and provinces accordingly. The election of officials is placed on a popular basis. "Decentralization" and "administrative autonomy" the new rallying-cry. Asambleas municipales and asambleas provinciales instituted. V. 1899-1901. America's military occupation of the Philippines proves to be an incentive rather than a deterrent to the ascendancy of Philippine towns. Bacoor and Imus (Cavite) and Paraiaque and Las Pifias (Rizal) the first towns organized by General Lawton. America's military leaders in the Philippines, faithful to the traditions of their fatherland and considerate of the needs of the Filipinos, respect the groundwork of the Maura Law and methodically improve whatever needs alterations for the better. The constitution of a military board headed by the late Chief Justice Arellano to formulate a plan of municipal government, the organization of municipal councils on general suffrage, the protection of public finances against

Page  291 MILESTONES IN LOCAL AUTONOMY 291 dishonesty, and the efficiency of officials in the discharge of their duties are America's first distinct contribution to the Filipino movement for local self-government. VI. 1900. The famous Instructions of President McKinley (April 7) to the Taft Commision make patent America's beneficent intentions toward the Philippine Islands and their people and blaze the way for Filipino political advancement. VII. 1901. The enactment of Acts No. 82 (January 31) and No. 83 (February 6) by the Philippine Commission, establishing the provincial and municipal governments, respectively; the incorporation of the City of Manila under Act No. 183 (July 30) of the Philippine Commission. VIII. 1901. The enactment of Act No. 222 (September 6) of the Philippine Commission, providing that the executive control vested by law in the Central Government over provincial and municipal governments shall be exercised directly by the Civil Governor through the Executive Bureau. This Act is later amended by Act No. 1407 (October 26, 1905) of the same body. IX. 1903. The enactment of Act No. 787 (June 1) by the Philippine Commission, establishing the Moro Province. X. 1905. The enactment of Act No. 1396 (September 14), providing for the organization of provincial governments, other than the Moro Province, which have not been organized under Act No. 83; enactment of Act No. 1397 (September 14), relating to townships and settlements. These Acts are enacted to meet special conditions which prevail in special communities not so advanced in civilization as those in the regularly organized provinces and municipalities. XI. 1909. The enactment of Act No. 1963 (August 9), incorporating the City of Baguio.

Page  292 292 LOCAL GOVERNMENT IN THE PHILIPPINES XII. 1916-1917. The revision and codification of political laws of the Philippine Islands and the promulgation of the Administrative Codes of 1916 (March 10) and 1917 (February 24). XIII. 1903-1919. The Government of the "Moroland" and Special Provinces under the early Acts of the Philippine Commission and Acts Nos. 787 and 1396. The progressive political ascendancy of the nonChristian Filipinos under military rule, the organization of the Department of Mindanao and Sulu under Act No. 2309 (December 30, 1913), the creation of the Bureau of Non-Christian Tribes by the Jones Law, and the adoption of liberal legislation, e. g., Acts Nos. 2408, 2429, 2878, and 2949 (July 23, 1914; December 12, 1914; February 5, 1920; and February 16, 1921, respectively). XIV. 1913-1925. The further extension of popular control, like the elimination of appointive members from membership on the provincial board (Acts Nos. 2501 and 2586; February 5, 1915 and February 4, 1916, respectively), the election of lieutenantgovernors in the subprovinces (Acts Nos. 2354 and 2711; February 28, 1914, and March 10, 1917, respectively), and of the governor and third member in the Provinces of Mindoro, Batanes, and Palawan (Acts Nos. 2498, 2569, 2824, and 2887; February 5, 1915; February 3, 1916; March 5, 1919; and February 24, 1920, respectively), and in Nueva Vizcaya (Act No. 2562; February 3, 1916), the conversion of certain subprovinces into provinces (Acts Nos. 2683, 2724, and 2934; March 9, 1917; December 7, 1917; and December 15, 1920, respectively), and the abolition of townships and settlements in the regularly organized provinces (Act No. 2824; March 5, 1919). The reorganization of executive departments in the Government by Acts Nos. 2666 and 2803 (November 18, 1916

Page  293 MILESTONES IN LOCAL AUTONOMY 293 and February 28, 1919, respectively); electoral reforms, especially Acts Nos. 3030 and 3210 (March 9, 1922, and December 6, 1924; respectively); local campaigns against vices; the recognition of the right of local self-government; the outlook for the institution of the Initiative, Referendum, and Recall, and other municipal reforms. Now that such a highly encouraging approach to local autonomy has been effected, what will be the next step in our political ascendancy? Will the taking of such a step depend entirely or mainly on us, or on the reputedly Greatest Republic in the World? If the matter will be for America mainly or exclusively to decide, which road will she take? Will she follow the path to World Power, as Carthage and her generals did, or of World Service, as Rome and her statesmen visioned and achieved? Carthage had her commerce,-and today she is only a memory! Rome had her traditions, her civilization, and her culture,-and today she is still the Eternal City!

Page  294 APPENDIX B LOCAL GOVERNMENT AND ADMINISTRATION IN THE PHILIPPINES1 Jose P. Laurel SECRETARY OF THE INTERIOR It may be stated at the outset that before the advent of American administration in the Philippines, no system of autonomous local government, such as we find today, obtained here. Most of the time during Spanish domination, the municipal machinery that was set up was designed mainly to help collect the taxes for the central and home governments. No power was given the local units such as is usually conferred upon municipal corporations. The people were denied real participation in their local affairs. Towards the later part of this administration, an attempt was made to enforce the Maura Law which was intended to inaugurate a system of autonomous municipal government for our pueblos (towns); but shortly after the system had been put in force, the Spanish government was overthrown so that the law hardly was in actual operation in the Philippines. We need not dwell on the particulars of municipal reforms that were adopted. They are only important as indicating what the Spanish Government had attempted to do in her declining years in the Philippines. During the existence of our short-lived Philippine Republic (1898-1900), an attempt to establish autonomous local governments was made. General Aguinaldo issued two important decrees prepared by Mabini and embodying a comprehensive and elaborate plan of municipal government that was to guide the establishment and government of pueblos (towns) during the revolution. The plan, however, was not fully carried out, as the orders of the American Military Governor, providing for the Government of these pueblos and which will presently be referred to, were promulgated before the system ever gained a foothold among the people. 1 An article submitted by the author to the Philippine Commission of Independence (1923). 294

Page  295 LOCAL ADMINISTRATION 295 With the advent of American occupation came sweeping changes in the administration. This period was the beginning of the political ascendancy of our municipalities. Municipal government was first temporarily provided for under the new regime by General Orders No. 43, series of 1899, which was promulgated by the Commander of the Military Forces of the United States in the occupation of the Islands. Subsequently, and in pursuance of the report of a military board of which the late Chief Justice Cayetano S. Arellano was chairman, the Military Governor issued General Orders No. 49, series of 1900, more or less formally and permanently establishing municipalities in the Philippines. The law promulgated in this order was, to quote from the report of the Board, "inspired by a genuinely liberal spirit and the principle of autonomous government." In 1901, when President McKinley transferred that part of the power of government, which was of a legislative nature, from the Military Governor to the Philippine Commission, this body after extended tours all over the Islands and an investigation of actual conditions prevailing, enacted Acts Nos. 82 and 83 which came to be known as the Municipal Law and the Provincial Law. These acts were the organic acts of our provinces and municipalities until and for some time after the assumption by Governor-General Francis Burton Harrison of the office of Chief Executive. The Code Committee, which was created to revise and codify existing laws in the Philippine Islands, submitted the draft of an administrative code containing the revised statutes; and this code was enacted by the Philippine Legislature in 1916 and became known as the Administrative Code of 1916. Later, this Code was amended and revised and the Administrative Code of 1917 was adopted, wherein Chapters 56 and 57 now constitute the organic laws of our municipalities and provinces. It should be observed that no general redistribution of territory was effected by the Commission. What that body did was to take the pueblos with their names, boundaries, and property as they existed during the Spanish administration and to confer upon them the usual powers granted to municipal corporations. Quite naturally, the form of local government adopted, in pursuance of Acts 82 and 83, was patterned after that commonly found existent in the United States. Hence, we find the American law of public corporations and the law of officers applied. The intervention, however, of Fili

Page  296 296 LOCAL GOVERNMENT IN THE PHILIPPINES pino lawyers, like Don Cayetano Arellano and Don Florentino Torres, in the formulation of the original plan submitted to and approved by the Military Governor and subsequently made.the basis of Acts 82 and 83, has made the inclusion of some features of Spanish or native origin possible. There are five political units recognized for administrative purposes in the Philippines; namely, the provinces, subprovinces, the chartered cities of Manila and Baguio, municipalities, and municipal districts. The provinces are the units below the Insular Government and are divided into two classes: the regularly organized provinces, which are 37 in number, and the special provinces which are 11.2 The regular provinces are inhabited by Christian Filipinos; but in some provinces under this class, like Tayabas, Palawan, Zambales, Isabela, and Cagayan, there is a non-Christian element forming, however, an insignificant minority. The special provinces are peopled mostly by non-Christians and it is for this reason that they do not come under the general provincial law, but are governed by special acts. Each province, whether regular or special, is a public corporation with the usual powers and liabilities of such a body and in this respect it is similar to a county in America. In some respects, however, its relation to the Central Government is analogous to that of a State to the Federal Government. "Following the example of the distribution of the powers between the States and the National Government of the United States", President McKinley in his Instructions enjoins that the Central Government of the Islands "shall have no direct administration except of matters of purely general concern...". The form of government of a special and regular province is substiatially the same, the only difference being that in the former there is more centralization in point of administrative control because the officials are mostly appointive. The policy of the Government is to convert the special provinces into regular provinces as soon as it is found that the inhabitants thereof are 2 The regular provinces are: Abra, Albay, Antique, Bataan, Batangas, Bohol, Bulacan, Cagayan, Camarines Norte, Camarines Sur, Capiz, Cavite, Cebu, Ilocos Norte, Ilocos Sur, Iloilo, Isabela, Laguna, La Union, Leyte, Marinduque, Masbate, Mindoro, Misamis, Nueva Ecija, Occidental Negros, Oriental Negros, Pampanga, Pangasinan, Rizal, Romblon, Samar, Sorsogon, Surigao, Tarlac, Tayabas, and Zambales. To the class of special provinces belong Nueva Vizcaya, the Mountain Province, Agusan, Bukidnon, Cotabato, Davao, Lanao, Sulu, Zamboanga, Palawan, and the Batanes.

Page  297 LOCAL ADMINISTRATION 297 of sufficient culture to enable them to select wisely their own local officials. The chief officials of the province are the provincial governor, the provincial treasurer, and the members of the provincial board. The governor is the chief executive of the province. He is elected by popular vote for a term of three years, except in five special provinces; namely, Cotabato, Bukidnon, Sulu, Lanao, and the Mountain Province, where the office is filled by appointment by the Governor-General with the advice and consent of the Philippine Senate. The treasurer is the chief financial officer of the province. The provincial board, which is a legislative and administrative body, consists of three members including the governor. In the regular provinces, all the members of this body are elected by direct vote of the people. In the special provinces the provincial treasurer, who holds his office by appointment, still retains his membership on the board. The board exercises administrative supervision over the governments of the municipalities of the province and their officers; and in matters of legislation, it acts under express grants of power. Other provincial officers, most of whom are under Insular control and are appointed in both kinds of provinces, are the fiscal, who is the law officer of the province, the assessor, the division superintendent of schools, the district auditor, the district engineer, the district health officer, the postal inspector, the clerk of court, the sheriff, and the warden of the provincial jail. The subprovinces, whereof there are two in number-Siquijor and Catanduanes-are political sub-divisions in regular provinces. They exist for the reason that their funds are not enough for the maintenance of an independent provincial government and because the provinces to which they pertain are of such a size or are so situated that a deputy of the governor is necessary for the purpose of more effective supervision over the affairs of those subprovinces. At the head of each of these subprovinces is a lieutenant-governor elected by the people. The standard type of local unit is the municipality, of which there are 889 in number, and it is divided into four classes according to the number of inhabitants. Each municipality consists generally of the poblaci6n, which is the seat of local government, with a number of barrios or outlying wards. In each municipality there is a council, which is the governing body, varying in number from eight to 18, according to the class of municipality. Its

Page  298 298 LOCAL GOVERNMENT IN THE PHILIPPINES members as well as the municipal president and vice-president are all elected by popular vote. There is a municipal treasurer who is appointed by the provincial treasurer, subject to the Civil Service rules. The president is the chief executive of the municipality. He presides at meetings of the council and has the power of veto. The vicepresident is ex officio member of the council. Each councilor, besides performing his regular legislative duties, is given the charge of a barrio or ward, and he acts as the special representative of the people of his ward in the council, although he is elected at large. He is empowered by law to appoint a lieutenant who acts under his immediate supervision and assists him in the performance of his duties in the barrio. Other salaried officials are the justice of the peace, the local health officer, and the municipal secretary, who is the recorder and clerk of the council and the custodian of municipal records. A police force is maintained by each municipality upon which devolves the preservation of law and order. Municipalities have power to pass ordinances on subjects covering a wide range. They have police and tax powers, the power to borrow money, to appropriate and spend funds, to enter into contracts, conduct public utilities, and to acquire, manage, and dispose property. The municipal districts, whereof there are 222 in number, are local units existing mostly in special provinces. The difference between municipal districts and municipalities is one of degree of local autonomy rather than of form of government, and this difference is due to the nonChristian element in their population which has not sufficiently advanced in culture to make it practicable to bring them under the government of regular municipalities. The outlook for them is their eventual organization into regular municipalities, as the revenues and political enlightenment of the mass of the people increase. The cities existing under special charters granted by the Legislature are Manila and Baguio. In Manila the government is vested in the Mayor, who is the chief executive of the City, and the Municipal Board, which is the legislative body of the City, consisting of ten members elected at large. There are six departments: Engineering and Public Works, Police, Law, Fire, Assessment, and Finance. The government of the City of Baguio is vested in a mayor, a vice-mayor (both appointed by the GovernorGeneral), and a city council. The Council, unlike that of the City of Manila, is composed of the Mayor, Vice-Mayor,

Page  299 LOCAL ADMINISTRATION 299 and three other members-two elected by the voters of the City and one appointed by the Governor-General. Aside from the City Council, there is also an advisory council of five members chosen from among the Igorot inhabitants who compose 20 per cent. of the entire population of the City. There are five departments; namely, Engineering, Law, Health, Police, and Finance. Since September 1, 1907, when Baguio was formally organized into a chartered city, it has always been the policy to appoint a technical man to act as mayor and city engineer. The city government of Baguio is the nearest approach that we have to the City Manager Plan. It should be noted that the form of government of all regular municipalities is alike. The same thing may be said of the municipal districts and of the provinces. While we have special charters for our two cities of Manila and Baguio, there is not, generally speaking, that diversity of the form of the charter which exists in America. A knowledge of the government of one municipality is a knowledge of the system for all municipalities. There is no movement to follow the examples of American cities which have departed from the council-mayor form of government and adopted the city manager or commission plan. Whatever reforms have been adopted have been towards the improvement of the existing machinery. No radical changes are undertaken. After the manner of the muchvaunted conservatism of the English, innovations are being introduced slowly but progressively. Suffice it to say that this uniform framework of local administration has proved adequate to the variety of functions attendant upon the government of Philippine municipalities. Not onyv is the framework of municipal government uniform for Philippine towns, but a number of activities of the local units are undertaken in pursuance of requirements of general laws. Thus, the educational system, police, and elections are regulated by general laws and properly so, these being matters in which the country as a whole is vitally concerned and which cannot with propriety be left to the municipalities to legislate upon at will. No account of the government and administration of the provinces and municipalities is complete unless mention is made of the supervision and control exercised by the Central Government over them. Formerly, provinces, municipalities, and chartered cities were under the administrative supervision and control of the Executive Bureau, which used to be one of the bureaus under the

Page  300 300 LOCAL GOVERNMENT IN THE PHILIPPINES Governor-General. Now these powers are entrusted by law to the Department of the Interior through the Executive Bureau in the case of regular provinces and municipalities, and through the Bureau of Non-Christian Tribes in the case of special provinces and the municipal units under them. The Secretary of the Interior, the Chief of the Executive Bureau, and the Director of the Bureau of Non-Christian Tribes are all Filipinos, and receive their appointment from the Governor-General with the consent of the Philippine Senate. The policy of America since the implantation of her sovereignty in these Islands contemplates the establishment of popular government. This was the plan indicated by President McKinley in his Instructions to the members of the Taft Commission. It was, however, a government to be set up not all at once. The policy pursued was to extend popular control by steps, the test for further concession being the use made of the powers already granted. It is a pleasant task to review the steps that have been taken, for they afford gratifying evidence of the rapid political advancement that has been made. Leaving aside the movements in the Insular branch and confining our discussion to provincial and municipal governments, we find that in the early days of American occupation, after the establishment of civil government here, the provincial governors were appointed by the Governor-General. In 1901, the Provincial Law was enacted; and in pursuance thereof, the office of provincial governor was made elective in the majority of provinces, not however, by popular vote as it is today, but by the vote of the councilors and vice-presidents of municipalities within the province. In 1907, the year when the Philippine Assembly was constituted, this method of electing provincial governors was changed, and the choice was left entirely to the people. The provincial board, which (as we have seen) is the legislative body of a province as originally constituted prior to 1907, was formed by the provincial governor, elected in the manner explained above, and two appointive members, one of whom was the supervisor and the other the provincial treasurer. Both of these officials were appointed by the Governor-General. This composition of the board was changed by eliminating the supervisor, substituting a third member elected by the people in his stead, but allowing, however, the provincial governor and the appointive provincial treasurer to retain their membership

Page  301 LOCAL ADMINISTRATION 301 on the board. This change was effected in order to impose upon the provincial governor and the third member, both Filipinos, the burden of responsibility in the government of the province and thereby to enable them to prove their capacity for local self-government. The test proved successful; and in 1915 the provincial treasurer, the only remaining appointive member, ceased to be a member of the provincial board and was replaced by a new member appointed by the Governor-General and chosen from among the municipal presidents. Inasmuch as municipal presidents are elected by popular vote, the change effected was undoubtedly to extend popular control in the administration of provincial affairs. In 1916, popular control was further extended when a law was passed providing that the two members of the provincial board, in addition to the provincial governor, shall all be elected by the people. No less important to note is the policy which the Government has pursued as regards the subprovinces, the especially organized provinces, the townships and settlements, and the former Department of Mindanao and Sulu. As has been explained elsewhere, the subprovinces are but political subdivisions in the regular provinces, governed by a lieutenant-governor who acts as the provincial governor's deputy. Formerly, this official was appointed by the Governor-General, but this method of selection did not last long as the office was later made elective. Not satisfied with this concession, the inhabitants of the subprovinces clamored for the organization of their territories into regular provinces. The Legislature, however, was slow in granting this request as it is the policy of the Government not to authorize the creation of new or higher political organizations unless the economic and social conditions of the regions concerned warrant such action to be taken. Slowly and gradually the change came, and today there are but two such subprovinces out of six that were in 1913. In carrying out the policy of extending popular control, the especially organized provinces were not disregarded. The third members of the provincial boards of Mindoro, Palawan, and the Batanes were made elective in 1915. In 1916, the superintendent of schools was eliminated as a member of the provincial board of Nueva Vizcaya and an elective member took his place. In 1917, the industrial supervisor in the Mountain Province ceased to be a member of the provincial board and an elective member was authorized instead. Later on, the office of

Page  302 302 LOCAL GOVERNMENT IN THE PHILIPPINES provincial governor of Mindoro, Palawan, and the Batanes was made elective; and, finally, the special province of Mindoro was converted into a regular province. To an American who has resided in the Islands before 1913, the term Moro Province should sound familiar. It was a province which included nearly all of the Island of Mindanao and its adjacent islands where the Moros, a people professing the Mohammedan religion, dwell. Because of the existence of these Moros, whose civilization differs from that of their Christian brethren, the province was accorded special government treatment. For more than a decade, it was governed by a quasi-military government, the governorship and the subordinate civil offices being held by American army officers. In 1913, steps were at once taken to reorganize the government of that province with a view to turning it over to the control of civil authorities. Before that year ended, a law was enacted which converted the Moro Province into what was known as the Department of Mindanao and Sulu, and a civil governor was placed at its head. In 1920, this Department was abolished as a special political division, and control was transferred to the Bureau of Non-Christian Tribes. In the general elections of June, 1922, the governors of three out of the seven special provinces under this former Department-namely, Zamboanga, Davao, and Agusan-were elected by popular vote. Until 1919, there were in existence what were called townships and settlements which were found mostly in the special provinces. These subdivisions used to constitute distinct types of local government organizations and were designed especially for the non-Christian inhabitants who formed the bulk of their population. For the sake of uniformity and in view of the progress attained by their inhabitants, they were abolished and were either organized into municipalities in accordance with the general Municipal Law, as municipal districts, or were fused with one another to form a municipality or were annexed to a municipality. The step proved to be patently progressive and has contributed to the rapid advancement of the regions affected, politically and socially. All these changes briefly described constitute tangible evidence of the progress achieved towards the extension of popular control. As the important provincial and municipal offices are now elective, well-nigh the entire work of the provincial and municipal governments is being conducted by Filipino officials elected by popular vote.

Page  303 LOCAL ADMINISTRATION 303 Our municipalities and provinces, however, are autonomous not only because the choice of their officials is left entirely in the hands of the people, but also because of the powers conferred upon them by law, and of the benign and enlightened policy which the Central Government has adopted towards them. Like the American cities, our municipalities have their powers enumerated by law and the canons of construction familiar to American lawyers and judges are applied by our courts. The subjects enumerated, over which a municipal council under the present laws can legislate, cover indeed such a wide range that it will be tedious to name them all in this discussion. Suffice it to say that in matters of purely local concern, our municipal corporations have full power to act, except in the matter of taxation, which is a subject now engaging the earnest attention of the Department of the Interior. In regard to the expenditure of money, for instance, each municipal council is authorized to make appropriations for all municipal requirements, subject only to the approval of the provincial treasurer. If any appropriation or item therein is disapproved by the provincial treasurer, the municipal council is authorized to appeal to the provincial board, whose decision is final. There is nothing in the law which provides for the intervention of the Central Government in that matter. It is true that the provincial board is authorized by law to examine and annul any ordinances and resolutions of a municipal council; and that if the council is dissatisfied with the action of the board, appeal may be made to the Chief of the Executive Bureau who will either affirm or reverse the action of the board. However, it is to be noted that the law does not authorize the provincial board to disapprove, in its discretion, the ordinances and resolutions of a municipal council, but to disapprove only such of them as are beyond the powers conferred upon the council. In other words, in the examination of municipal ordinances, the inquiry of the provincial board must only be whether or not there is any law that expressly or impliedly authorizes the municipal council to pass such ordinances. If there is, they must be approved; otherwise, they must be disapproved. Therefore, as long as a municipality confines itself within the province of its legal powers, it is absolutely free and independent; and neither the provincial board nor the Executive Bureau is authorized to intervene. It should be observed, in this connection,

Page  304 304 LOCAL GOVERNMENT IN THE PHILIPPINES that even without any express provision of law to that effect, a judicial tribunal may and will declare void any ordinance of a municipal council for whose adoption there is no statutory authority, whenever the validity of such an ordinance is involved in a cause before such a tribunal. Our present law, therefore, does nothing more than to provide a more expeditious and less expensive way of having the illegal ordinances of a municipal council annulled. The people are assured of the validity of ordinances without resorting to the courts or spending their time and money in litigations, unless of course they so desire. While municipalities have great powers with reference to local affairs, the Insular authorities, however, exact from such governmental entities definite responsibility for all administrative acts and judges the efficiency of municipal officials by the results. They hold the local governments to business-like methods and to the standards of promptness and efficiency. It may generally be stated that the surveillance now exercised is advantageous rather than prejudicial and has proved to be a wholesome preventive of lax and irregular methods. When in 1919 the Wood-Forbes Mission came to the Philippines to investigate conditions here, it was the privilege of the Philippine Columbian Association- whose members are mostly young men educated in the United States and abroad-to entertain the members thereof. The Philippine Question was freely discussed and a suggestion incidentally made by one of the club members that the stability of the Philippine Government might well be founded upon the successful administration of our local governments by Filipino officials. And the question would have been: Have they really succeeded? The same question may now be asked. Our provinces and municipalities asseverate that, tested by their accomplishments during the last two decades, their ability to conduct and maintain a responsible and creditable government can not be challenged. The mere fact that both during the life of the Philippine Commission and later with the cooperation of the direct representatives of the Filipino people-the Philippine Assembly-and still later under the Jones Law, with the Philippine Senate and House of Representatives constituting the legislative bodies of the nation, laws have been enacted extending popular control, is evidence that the Filipinos are not only eager, but ready to assume, and in

Page  305 LOCAL ADMINISTRATION 305 fact have successfully assumed, the responsibilities so far made to devolve on them. Our local units point with pride to the fact that peace and public order prevail within their confines; that even in the land of the once dreaded Moros, the inhabitants are living peacefully and are loyal to the constituted authorities. Indeed, a doubting Thomas who has never traveled or resided in the Islands needs only to open the printed volumes of official annual reports to prove the truth of this assertion. The following excerpt is quoted from the message of Governor-General Wood to the members of the Sixth Philippine Legislature, delivered on October 27, 1922: "I also congratulate you on the excellent condition of public order throughout the Archipelago. Life and property have been safe and the conduct of the people characterized by respect for the law". If the ability to maintain a stable government is to be tested by the use made of the ballot, then our provinces and municipalities can with pride aver that such a government now exists. The election of provincial and municipal officials and, in fact, of all officials, though bitterly contested, has always been characterized by orderliness; and the people's will has been given full and untramelled expression. Let America's highest representatives speak! Shortly after the elections in 1919, Acting Governor-General Charles Emmet Yeater issued the following significant statement to the press: "By taking the election as a whole, I consider it entirely creditable to the Philippine people; and I believe that no shortcomings or improper conduct in receiving the votes will exceed those ordinarily committed in other countries." Referring to the elections of 1919, the Wood-Forbes Report said: "Interest in the elections was widespread and election day passed without any serious disturbances. There was a general, quiet acceptance by the minority of the results of the popular vote". Immediately after the 1922 elections, the author reported to the Governor-General as follows: "Now that the elections are over, permit me to report to you that in the provinces and in the Cities of Manila and Baguio, the general elections were held

Page  306 304 LOCAL GOVERNMENT IN THE PHILIPPINES in an orderly manner with due regard to the law and the officials charged with the duty of its administration and enforcement. While a few isolated cases of personal violence might have occurred in the heat of political excitement, yet taking the elections as a whole, the people exercised the important political right of suffrage in a manner creditable to themselves and their country. The circulars and instructions issued both by this Department and the Executive Bureau were generally observed; and while at times we had to deal rather severely with a few provincial and municipal officials, these officials later showed an attitude of respect and regard for the orders which emanated from the Central Government." Referring to the elections of 1922, Governor-General Wood, in his message to the members of the Sixth Philippine Legislature said: "I congratulate you, and through you the Filipino people, on the orderly and lawful conduct of the recent elections, which, notwithstanding the keenness of the struggle and the appearance of a strong new party in the field, were conducted with due regard to the rights of the candidates and with an absence of fraud and irregularity which would be a credit to any people. "The will of the people was given full and free expression and the election was honest and fair". The number of persons who qualified as voters has steadily increased. In the elections for 1912, there were 248,154 registered voters; in 1922 the number reached 824,058. National parties have their ramifications in the localities and make their influence felt therein. Local parties, naturally enough, also spring up. But partisan politics in municipal elections is generally absent. The officials that have been elected, whether provincial or municipal, are in the main leading and representative men of the community and are animated by enthusiasm for the public service. Although the municipal councilors receive no compensation, the office nevertheless is eagerly sought and the men elected are only too willing to make the sacrifice. It is, indeed, gratifying to note that a large number of local officials, elevated to power by popular will, have shown character and civic virtue. But it is not only in the maintenannce of public order and in the conduct of honest elections that the provinces and municipalities have succeeded. They have also made

Page  307 LOCAL ADMINISTRATION 307 and are making rapid material progress. They have achieved no less creditably in the administration of their finances. The total amount of revenues collected during the period of 1914-1920, as compared with those collected during the five years immediately preceding, 1909-1913, was as follows: PROVINCIAL REVENUES (39 PROVINCES) Total Average yearly 1909-1913...... P38,112,757.61..... P5,624,589.48 1914-1920...... 51,130,736.21..... 7,578,065.24 Percentage of annual increase, 35';. MUNICIPAL REVENUES (39 PROVINCES) Total Average yearly 1909-1913...... P31,858,956.90..... P6,371,791.34 1914-1920...... 68,129,434.32..... 9,732,776.31 Percentage of annual increase, 53X(. As may be seen from the foregoing statement, the average yearly increase in revenues collected has been 35% in provincial revenues and 53% in municipal revenues. This increase in the local revenues collected is due partly to the improvement in the property assessment for taxation purposes and partly to the increase in the value of real property brought about by the existence of a stable and efficient government. The total assessed value of real property subject to taxation in 1913, as compared with the total assessment value of 1920, was as follows: Number of parcels Valuation 1920.......... 3,643,181......... P1,143,332,440 1913.......... 1,953,032......... 359,296,308 1,690,149 P 784,036,132 Percentage of Increase.............. 86%.............. 218% It being understood that the real property tax is based on the assessed value of real property subject to taxation, the proportion of increase in the assessed value of real property should represent the increase in collectible taxes thereon. Provincial and municipal governments have long adopted the budget system to provide for economy and certainty of expenditure. There is in operation a uniform accounting system by which honesty and efficiency in administration may be established and dishonesty and inefficiency readily detected.

Page  308 308 LOCAL GOVERNMENT IN THE PHILIPPINES Provincial and municipal officials have shown admirable devotion to duty. Every year they hold their conventions wherein they discuss practical problems which they have to face, exchange recitals of experiences, and recommend the passage of laws that will develop and strengthen the local communities. A most exalted enthusiasm has been displayed throughout the provinces and municipalities in the realization of public improvements. Practically all the available resources of the provinces and municipalities, after the payment of administrative expenses, have been and are being devoted to this purpose. First-class roads and trails are now winding their way through every region. Over those highways motor transportation is developing to an enormous extent. Concrete and steel bridges have multiplied in number. The sanitary condition of the provinces and municipalities has improved considerably and provincial hospitals and dispensaries are increasing in number. To provide adequate hospital facilities within the reach of the population of each province, the Philippine Legislature in its last session enacted a law appropriating the sum of one million pesos. Throughout the Islands, there are Women's Clubs campaigning vigorously for more healthful surroundings and for reduction of infant mortality. Trained nurses are now employed by provinces and municipalities to do intensive practical work, as by examining pupils in schools and visiting them in their homes. From the year 1904, when the first artesian well was bored, until the close of the year 1922, a total of 1,468 successful artesian wells have been drilled; and these have been supplying excellent water to the inhabitants. Twenty years ago, Manila was the only city in the Islands that could boast of modern waterworks and electric light systems. At the close of 1921, eighty-nine waterworks systems were completed in other municipalities and many more projects have been begun and are now under construction. Electric light plants have been installed in 54 municipalities and applications to operate more plants are steadily increasing in number. Within the last ten years, 750 public buildings of the most enduring type were built, including schools, municipal markets, hospitals, provincial capitols, and jails. Schoolhouses are found everywhere. They stand as the

Page  309 LOCAL ADMINISTRATION 309 most enduring monuments of Filipino love for education and of America's altruistic policy in these Islands. As a rule, the financial resources of the provinces and municipalities have permitted them to carry on the construction and repair of schoolbuildings; but when there is a dearth of funds, the people have shown commendable spirit by voluntarily contributing money, material, and labor. The schools today are filled to their utmost capacity and there are-according to the last official report-1,030,000 children attending. The schools provide not only instruction to the children in academic and industrial subjects, but also give the municipalities adequate playgrounds. There is no municipality of importance today in which there is not a well-cared playground for the children to use. But the schools have given more than these bounties. They are giving the country a common language. It is no exaggeration to say that now well-nigh all provincial boards and municipal councils have adopted and are using the English language with success. Much yet remains to be done. But to a person who will take the trouble to make his own observations, ample opportunity is afforded for accurate judgment of what has been accomplished. Indeed, if the stability of the Philippine Government is to be judged by what the local political units have achieved and by the condition of public order prevailing therein, then it follows that we do have in these Islands to-day a stable government,-a degree of stability that finds seemingly partial but concrete expression in the progress made in local self-government, in the maintenance of law and order, and in the abiding faith of the people in their capacity and vast potentialities. (3) 3 The same conclusion was reached when in February of 1919, as Chief of the Law Division, Executive Bureau, the author submitted his report on the accomplishments of our local governments for use by the First Independence Mission to the United States. In that report he concluded thus: "If the progress achieved by the Philippine Islands during the last five years is to be determined by the progress made by provinces and municipalities during that period-and this should be the case-the Philippine Islands has, indeed, advanced wonderfully. She has had an accomplishment which any nation can be proud of. Her people have seen schools multiply in remote barrios, and knowledge of hygiene and sanitation penetrate into the most remote communities. They have seen fine roads thread their way through every province, transforming povertystricken regions into rich and flourishing communities. All these have brought to the Filipino people a sense of unity and have turned out a well-educated citizenry worthy of their race. The Filipino people have witnessed the transfer of government into their hands and have handled it in a manner creditable to themselves and their country."

Page  310 APPENDIX C MUNICIPAL ADMINISTRATION IN THE PHILIPPINE ISLANDS Royal Decree of May 19, 18931 Your Majesty: Communal government, above any other political institution, is always a factor of importance in the welfare and prosperity of peoples; and when nations are still in their swaddling-clothes, the influence of their municipal organization is still more decisive. The close and daily contact between the lives of individuals and of families and the wonted ways of the masses that constitute the nation makes unbearable-if they are enforced, and even makes such enforcement problematical-whatever laws are passed on a given subject without due regard to the customs, traditions, and temperament of the natives. It follows, therefore, that the clever schemes, which theoretically appear perfect, are useless; as are the examples and the usages which experience has demonstrated to be good in other nations of different civilization and customs. The municipal system must be based upon that which is well rooted and is generally accepted, without nevertheless, foregoing the correction of errors, the righting of abuses, and the measured amelioration of human society according to the laws of Nature. The local institutions of the Philippine Archipelago have sunk to such a stage of decadence and flux that such portions thereof as have not become tainted are atrophied and useless. There scarcely remain the names of the positions, ranks, and offices whereof the administrative organization of the towns securely consisted and upon which it was based; and what were formerly honors and eminent positions eagerly sought for by men of light and leading 1 Translated for this work by Vicente M. Hilario from Paterno, Pedro A.: El Regimen Municipal en las Islas Filipinas (Madrid, 1893). 310

Page  311 THE MAURA LAW 311 have become despised offices, when not instruments of personal cupidity. To review the various causes of the harm done is of less importance than to seek the remedy therefor; but it cannot be ignored that even in those causes which, with good reason, may be charged to the bungling measures of the Government, there will be noticed the traditional imprint of our policy in the Philippines, which continues matchless in the colonial history of nations, consisting, as it does, in an absolute disinterestedness and a consistent magnanimity of purpose. The general Administration assumed cares which are naturally incumbent upon the Principalias and consequently it was under obligations to take charge also of the administration of the local funds, with the expectation of better results than those obtained in their management by the native tribunals. It erred in the degree of confidence, so difficult to determine, which can be placed in the autonomous administration of any town and in the estimate of the effective resources which the State has there at its disposal, in order that its administration might be beneficial and its tutelary solicitude might be productive of good to the subjects. For many years has the remedy been studied and prepared, the error being known; and not long ago, an instructive report, which the undersigned Minister requested of the Council of the Philippines and of the possessions of the Gulf of Guinea, was added to the data and reports on the reform of municipal government which had been collected since 1870. The Royal Decree of November 12, 1889, announced and prepared, as a temporary measure in the period of change, the reform which is now undertaken; it ratified the authority granted the GovernorGeneral to create municipalities, similar to the government of the City of Manila, in the capital of each province and in the other towns whose importance justified it. But up to the present time, such municipalities have been created only in the capitals of the provinces of Albay, Batangas, Camarines Sur, Ilocos Sur, in the capital of the district of Cebu, and in the cities of Jaro and Iloilo. It should be noted that side by side with such governments, the Principalias and the traditional institutions are still in existence within the same municipal boundaries. Now the question is: how to set right, not the few exceptions, but the municipal organization of the towns generally, in Luzon as well as in the Visayas; and for this reason there are preserved in the attached draft of the Decree, in so far as the condi

Page  312 312 LOCAL GOVERNMENT IN THE PHILIPPINES tions of the present period will permit, the historical elements of the old regime and even the designations which have been hallowed by custom among the natives. The very great difference which is observed among the towns of those provinces would make this Decree impracticable, if it were to contain minute regulations which would have to be carried out unchangingly in all these provinces. Only such organic laws have been established as appear sufficient to define the constitution and mode of operation of the local administration, the details conforming to the conditions of each district being left to the regulations which are to be drafted, revised, and approved for each province. In the preparation and approval of these regulations, the main object must be to secure an added, not a reduced, simplicity which is to be sought in the organization and conduct of the local institutions. Care has been taken to avoid the organization of the secretarial or other similar professions as an integral part of the administration of the towns. It would be contrary to the pristine intention of the reform scheme to place on the same level with the authorities and officers of the town, who are elective and temporary, those nominal public servants who, in view of their permanency and the general character of the natives, would easily degenerate into irresponsible and dissembling wire-pullers of the Administration. At each appointed time, let every tribunal seek its servants; but the law takes no direct concern of them. The sphere, wherein the attached Decree grants to the municipal courts an unrestricted and special jurisdiction, is circumscribed to genuinely local interests, in so far as it is possible to distinguish them from the general interests with which they are always united in an indissoluble manner; and within this limited jurisdiction, provided that the general interests and the obedience to law are observed, the higher authorities must consider that the temporary advantage of improving some measures does not counterbalance the permanent injury which is caused by hamstringing and crushing local initiative. When the administration of the persons elected or of the delegates of a Principalia is defective, there will, nevertheless, be the peculiar advantage that their errors, unavoidable as they are, can be ascribed only to the selfsame natives of the towns, in whose hands lies the remedy for the future. Without depriving them of the opportunity of testing themselves in the management of their interests and in supplying the necessities of the towrr itself, the following will

Page  313 THE MAURA LAW 313 be found contributory to practical wisdom: first, the attendance of the parochial priest, who shall discharge duties of supervision and counsel at the more important deliberations; and secondly, the censorship of the provincial board, which will be a real aid to the municipal tribunals and the Principalias of each province, unlike the deputations in the Peninsula. Such boards are not to have charge of the direct administration of the provinces; their mission consists in exercising vigilant supervision over the progress of communal affairs in the towns, and in advising the governors in matters of this character. The cabezas de barangay will, by virtue of this Decree, be placed in a more advantageous position than is their present one; and better services may be demanded and expected of them, taking, as they always did, such an essential part in the collection of taxes and thereby facilitating the relations of the Government with the governed. Such sources of revenue, whose nature is unequivocally municipal, are removed from under the management of the State officials, in order that they may be placed to the credit of, or deposited in, the treasury of the town within whose jurisdiction that may bi collected. To the Municipal Tribunals are entrusted services which they and their subordinates alone can gauge, regulate, and improve; so that the interest, the responsibility, and the resources wherewith to meet the primary requirements of civil life will be in their own hands, the State preserving and retaining under its own safekeeping the pecuniary means and the obligations and cares required by the other branches of the service with the aid of Local Funds-services which, for the present at least, are in need of this guarantee in order that the general interests will not be neglected in any place or at any time. Without the general Administration abandoning or diminishing the public works, but always reckoning on the opportunity to be able to make full and licit use of the personnel and money at its disposal for the expeditious and encouraging performance of such tasks, and at the same time making new plans work cheek by jowl with the old, the Principalias of the towns are themselves placed in a position to be able to proceed with the execution or initiation of such material improvements as are of particular interest to one town, or to several towns which may join their common interests for one such enterprise. The concentration of the local services in the hands of the general Administration has stood for too long a period to permit us

Page  314 314 LOCAL GOVERNMENT IN THE PHILIPPINES to expect now that this initiative will rouse itself abruptly into vigorous action; but the use of the powers which will be vested in the Municipal Tribunals and the daily pressure of public business will induce them sooner or later not to squander the resources entrusted in their hands. It was not possible to place funds, which were included in the budgets managed by the State under a varied range of powers, at the disposal of the towns for their local needs, because such funds are too deficient for the improvements which only the skill, the perseverance, and the power of the State itself can carry out. But because of the circumstance that in most of the towns the sources of revenue will not furnish sufficient funds for such works, after the other permanent and unshirkable necessities have been met, the local corporations are empowered to create a direct tax-for their own benefit-on rural property, which as yet is not taxed in the Philippines. The simplicity and the relative ease wherewith this tax can be collected and administered and the well known fact that such an impostwhen its proceeds are to be utilized solely and exclusively for works beneficial to the town masses-will repay full returns to the resources thus taxed,-all these advantages vouchsafe the hope that the tax will establish itself in the more advanced towns and will become more popular according as the rural property will be so substantially developed as to be in a position to support such a tribute, and as the advance in culture will make felt those needs which lie beyond the reach of the present excise. The undersigned Minister will shortly submit, for the approval of Your Majesty, another decree to change the rules governing the sale and adjustments of public lands, greatly favoring and facilitating the acquisition and consolidation of individual property. For this end also, and for other purposes, are intended the important reforms in the Mortgage Law, whereof an account will also be given soon to Your Majesty. For this reason, municipal tribunals are at the present time forbidden to impose a new tax on cultivated rural property, if they do not make such an impost applicable also to uncultivated property. The social and economic conditions of the towns of the Philippines do not permit that public lands be reserved for persons applying for them at the cost of a large outlay which is sufficient capital to place such tracts under cultivation; and if their acquisition is to be facilitated, there

Page  315 THE MAURA LAW 816 is need of overcoming the economic obstacles in the system, as evinced by experience, so as to prevent thereby that the land be held for speculative purposes by leisurely idlers, as our mining laws do with regard to the subsoil. The tax on rural property, like that on registered mining claims, should encourage the owners to work the land, or to abandon and leave it for those men who, through labor and capital, resolve to make it give up its bounties. To the sources of revenue of the towns is added the personal service tax, which is a most valuable asset if administered and utilized with honesty and intelligent zeal. The employment in community undertakings of the persons subject to such a tax will, of course, stimulate the acquisition of the riches which Nature holds out to us, and will compel the administrators of the towns to provide the necessary funds with the means allowed them. Certain regulations adapted to the system now established, which the Governor-General will approve after a report thereon by the Council of Administration, ought to prevent the abuses to which the personal service tax is always subject. A most important matter for similar regulations will be the form of accounting for, and of managing the funds of, the towns; for neither will there be any omission of the inflexible norm necessary to preclude malversation and corruption, nor will there be any seeking after that state of perfection which is incompatible with the customs and conditions of that country. The Decree proposed to Your Majesty lays down only divers bases which are known to be sufficient in counselling simplicity in development. The bootless repetition of proceedings, which would call for a periodical renewal of municipal budgets, is shunned; and as it is impracticable to suppress altogether every rule which will bring to normalcy the receipts and expenditures, provision is made for the preparation of a statement of each, in order that it may continue for an indefinite period, although anticipating always the possibility of modifying the rule so as to adapt it to the inevitable changes of circumstance. It is required at all events that the expenditures be kept within the maximum limit of the net receipts; and through the permanence of the regular budgets and the prohibition of the introduction of any change in them during the course of the calendar year-a change which must be postponed to the following year, even after its approval-a statement and audit of the annual accounts is made readily and most expeditiously. Any extraordinary or incidental expenditure, as well as any work undertaken

Page  316 316 LOCAL GOVERNMENT IN THE PHILIPPINES at the expense of the municipality, must be excluded from the permanent budget and from the ordinary annual account; and all the resolutions, acts and objects of approval, resources, the liquidation and account relating to these unusual or accidental disbursements shall be treated separately. The needs of the governmental system and the powers of constituted authorities are safeguarded in regard to the general Administration as well as the provincial governments, by means of the sections of the Decree regulating the suspension and removal of the members or of the corporations that are to administer the local affairs; but in the even tenor of things, much latitude is allowed the Principalias, and all that is most essential to the good management of the community interests in every town is made dependent upon their initiative and sense of responsibility. The subordinate and superior agencies to which are entrusted the tasks of supervision, advice, and review will no doubt be able to induce discretion and obviate the need of applying remedies for losses and abuses. But they cannot assume the powers of the local authorities; and because such agencies cannot destroy, but only direct them, it is to be hoped that the emancipation of each town in the administration of its private affairs will be as lasting as the success of the reform will dictate. Although the beneficent consequences of this emancipation-which in no case can be immediate-would be slow or scarce, yet they must be awaited without the fear that the management of the towns will make any worse the present condition of the affairs which may be entrusted to them, as well as without the slightest dread regarding the services of general interest, because the latter are retained in the hands of the Administration, until experience will have evinced that they would be safe and advantageously placed in the hands of the Principalias. The betterment of the local institutions does not hinge solely upon the law or upon the policy of the Government. Time, wedded to persevering effort, is more necessary now on account of the condition of our native Filipinos, who have been subjected for so long a time to a bungling centralization of town and country affairs; but the undersigned Minister hopes that, in the near future, the principles and regulations he proposes to Your Majesty-more than any other plans now engrossing attention-will be contributory to the profit and progress of that people whom Providence has committed to the generous tutelage

Page  317 THE MAURA LAW 317 of the Spanish monarchs. It would be bootless to expect that they would display such initiative as the people of another race, of different culture and habits, might evince under an identical autonomous municipal government; but it does not even appear considerate to regret that things be thus and so, because each people must live according to its idiosyncrasies. It is preferable to compromise; and it would savor of tyranny to impose upon subjects what they detest or repel, however perfect it may be. The more singular and more inconstant the condition of the inhabitants of the Philippine Archipelago is, the greater should be the consideration given to the reform which respects local differences, prepossessions, and initiative, instead of dwarfing and thwarting them with vehement longing for their improvement. Supported by these reasons, the undersigned, with the concurrence of the Council of Ministers, has the honor to submit to Your Majesty the attached draft of a decree. At the Royal Feet of Your Majesty, ANTONIO MAURA Y MONTASER. Madrid, May 19, 1893. ROYAL DECREE On the recommendation of the Colonial Minister, with the concurrence of the Council of Ministers, in the name of My August Son the King, Don Alfonso XIII, and as Queen Regent of the Kingdom, I hereby decree the following: CHAPTER ONE-ORGANIZATION ARTICLE I. ---MUNICIPAL TRIBUNALS Section 1. The popular corporations, called in the Philippine Islands "Tribunals of the Towns", shall hereafter be called "Municipal Tribunals." Each of these shall represent the legal union of all the persons residing within the jurisdiction of the town and shall administer the communal interests and property. Section 2. There shall be a municipal tribunal in each town of the islands of Luzon and the Visayas which, not having constituted itself into a municipality, as prescribed by the Royal Decree of November 12, 1889, contributes to the State more than one thousand cedulas a year.

Page  318 318 LOCAL GOVERNMENT IN THE PHILIPPINES Exception is made of the City of Manila, whose government is not changed. The towns which do not contribute one thousand cedulas shall continue under the form of government to which they are subject at the present time, until the said number is reached. Section 3. The Municipal Tribunal shall consist of five persons, whereof one shall be called Captain, and the other four Lieutenants (one Chief Lieutenant, one of Police, one of Fields, and one of Cattle). The Chief Lieutenant shall act as Councilman-Syndic and shall take the place of the Captain in case of vacancy, absence, or disability. The substitution for the Captain or Chief Lieutenant shall fall to the other lieutenants in the order of succession given. Section 4. The five offices shall be conferred by election, by a plurality of votes at a secret ballot, effected in the following manner: Upon the day publicly fixed for the purpose by the Governor of the Province, the Principalia of each town, with the attendance of the Reverend Parish Priest and of the outgoing Captain, shall designate twelve residents as electors; six of them from among the cabezas de barangay who may have served without bad record for a period of ten consecutive years and from among those serving at the time of the election; three from among the former captains, and three others from among the highest taxpayers of the town, not belonging to any of the previous classes. If, in any town, the six cabezas de barangay cannot be designated, the number shall be made up with former captains; and, in the absence of the latter, with taxpayers. Among these twelve resident electors there cannot be included accused persons against whom a sentence of imprisonment has been issued; those who may have been disciplined administratively more than three times for bad conduct; those who may have suffered corporal punishment or a penalty of disqualification; those who may be subject to civil interdiction or to the surveillance of the authorities by virtue of a sentence of a tribunal of justice; debtors to municipal, provincial, or public treasury funds; those who have pending contracts with the municipal tribunal, the province, or the State, which are to be executed within the municipal district; and those who are in litigation with the municipal tribunal to which they belong.

Page  319 THE MAURA LAW 319 Section 5. The twelve residents thus deputed by the Principalia shall, in turn, elect on the same occasion, also by a plurality of votes and by secret ballot, first the Captain, and then, without interruption, successively, the Chief Lieutenant and the Lieutenants of Police, of Fields, and of Cattle. In the same manner, they shall elect two other persons as substitutes. The Governor of the Province, as Delegate of the Governor-General, shall issue their commissions to the captains elected, as soon as he shall receive the certificate as evidence of the election. Section 6. A certificate in duplicate, subscribed by the twelve resident electors and countersigned by the Reverend Parish Priest and the outgoing Captain, shall be prepared of the proceedings and of their result, as prescribed in the two preceding sections. Lists of the persons, elected as delegates of the Principalia and as members of the Municipal Tribunal, shall be posted in the town-hall on the day of the election, the announcement stating that allowance is made for three days wherein to file objections. Upon the expiration of this period, a copy of the certificate of election, with the objections if there are any, shall be forwarded to the Governor of the Province, who shall decide, on or before the third day, and with the concurrence of the Provincial Board, on the legality and validity of the elections; and in every case he shall report his decision to the Governor-General, together with all the antecedent details, if there are objections. After the Governor of the Province shall have approved the election, the persons elected shall take possession of their offices. Section 7. The twelve residents referred to in Section 4 shall represent the Principalia as its delegates, and shall take part, together with the Municipal Tribunal, in the deliberations and affairs mentioned in this provision, upon the call of the Captain. By Principalia shall be understood the group of persons formed in each town, indefinite in number, consisting of those formerly called gobernadorcillos, tenientes de justicia, cabezas de barangay in active service or who may have occupied the office for ten consecutive years without any bad record, former captains, municipal lieutenants who

Page  320 320 LOCAL GOVERNMENT IN THE PHILIPPINES may have held their positions during the legal tenure of office without a bad record, and residents paying 50 pesos as land tax. Section 8. The offices of captain, municipal lieutenants, substitutes, and deputy electors of the Principalia are honorary and gratuitous. Their discharge shall be obligatory for a period of four years, if none of the grounds for exemption enumerated in Section 11 is formally shown and established. Section 9. To be eligible for captain, the following qualifications are required: 1. Be a native, or a Chinese mestizo. 2. Be more than twenty-five years of age. 3. Be a resident of the town for four years prior to the date of the elections. 4. Read and write Spanish. 5. Be a cabeza de barangay with four years' service, with all his accounts settled and current, and enjoying a good public and private reputation, or had been for two years gobernadorcillo, captain, or chief lieutenant, or for six years cabeza de barangay without a bad record. Similar qualifications are required for election as municipal lieutenant or substitute, but without the necessity of a fixed period in the occupancy of the offices of gobernadorcillo, captain, chief lieutenant, or cabeza de barangay. The following can in no case be elected to the offices of captain, lieutenant, or substitutes: the twelve residents entrusted with the election, as long as they are discharging their duties as electors, nor for one year thereafter; ecclesiastics; those receiving salaries from local, provincial, or municipal funds; lessees, or their bondsmen, of the ways and means and supplies of a town; subordinate employees of the State, in any of its branches, unless they shall have previously resigned from their positions; bankrupts and persons undergoing trial; and debtors to public funds, whatever may be their nature. Section 10. Every two years, two of the municipal lieutenants, one of the substitutes, and four of the twelve residents in charge of the election of the Tribunal (two among those of the cabeza de barangay class, one of the

Page  321 THE MAURA LAW 321 former captain class, and another of the taxpayer class) shall cease in office. The designation of those persons who are to cease in these offices shall take place for the first time by lot before the Municipal Tribunal and the twelve deputy electors, presided over by the Captain, with the attendance of the Reverend Parish Priest. In the second and subsequent renewals by half of the lieutenants and substitutes, the oldest in point of service shall go out. In the second renewal by one-third of the twelve resident electors, the casting of lots shall be resorted to as in the first instance. In the third and succeeding renewals, the oldest in point of service shall go out. The election of the officials to take the places of the outgoing ones shall take place after the casting of lots and the record of the proceedings shall be made in duplicate, one of the copies, countersigned by the Captain and the Reverend Parish Priest, to be sent to the Governor of the Province, who shall make a report to the Governor-General. The substitute lieutenants and residents, who are to cease in office, may be reelected only after two years following the expiration of their term of office. If reelected after this period, they cannot decline the office, unless they come under the exemptions specified in Section 11. Section 11. The following may be exempted from serving as captains, lieutenants, or substitutes: Persons more than sixty years old. Persons physically disabled. Persons who have occupied such positions for a period of sixteen years. Section 12. The Captain shall preside over the Municipal Tribunal; he shall represent that body; he shall publish and carry out its resolutions; he may suspend their execution when they involve a matter foreign to the duties of the Tribunal, are prejudicial to the interests of the town, or are dangerous to public order; he shall issue proclamations regarding urban and rural police; he shall be the inspector of the municipal offices, schools, and other branches of the service; he shall appoint, suspend, and remove the officials, assistants, and subordinate employees of the Municipal Tribunal who are provided for in the town budget; he shall direct the administration of the

Page  322 322 LOCAL GOVERNMENT IN THE PHILIPPINES town; he shall order payments; he shall require a prompt deposit of collections and shall preside at the public auction which the Tribunal may order, accompanied for this purpose by a lieutenant and by the two oldest members representing the Principalia. To correct any offenses which may be committed within the municipal confines, with regard to the services which are especially entrusted to the municipal tribunals, the Captain may impose the disciplinary penalties of warning, summons, and fine, the latter not to exceed four pesos. At the time of collecting the fine, the Captain, or the persons acting in his stead, shall in every case issue a receipt countersigned by the ranking lieutenant, stating the amount, the date, and the reason for the penalty. The proceeds from the fines shall be deposited in the treasury of the "Income of the Towns", with a list and detailed statement thereof. Section 13. The lieutenants of police, fields, and cattle, shall exercise the functions set down in the regulations and other provisions in force. They shall also exercise the powers delegated to them by the Captain or other lieutenant, the person delegating being subsidiarily liable for the conduct of the person to whom the delegation is made. Section 14. For the purposes of better government and the administration of the towns, they shall be divided into barangays, regulated according to the grouping of their inhabitants. Each barangay of grouped inhabitants shall include at least 100 families, and shall not exceed 150. Every barangay of non-grouped inhabitants shall include at least 50 families, but less than 100. At the head of each barangay, there shall be a cabeza, who shall at the same time discharge the duties of teniente de barrio. The division into barangays shall take place as soon as the municipal tribunals are constituted into boards, together with the twelve deputy electors. After such a division has been decided upon and communicated to the Governor of the Province, it cannot be altered without this official, after hearing the provincial board, approving the resolution which has been adopted with a like formality. Section 15. The appointment of cabezas de barangay

Page  323 THE MAURA LAW 823 shall be made by the Governor of the Province, on the recommendation in ternary of the Municipal Tribunal, together with the twelve residents representing the Principalia. The composition of the ternary shall be effected by means of the election of those proposed, one by one, under the presidency of the Captain, with the attendance of the Reverend Parish Priest; and persons, who are disqualified from becoming members of the Tribunal, as specified in Section 9 hereof, cannot be included. Section 16. In order to be elected cabeza de barangay, the following qualifications are necessary: 1. Be a native or Chinese mestizo. 2. Be more than twenty-five years old. 3. Be, for two years previously, a resident of the town in which the office is to be held. 4. Be of well known honesty and probity. Section 17. The following may be exempted from being cabezas de barangay: Persons more than sixty years old. Persons physically disabled. Persons who have held the office for twelve years. Section. 18. The position of cabeza de barangay shall be held for three years, and may be regained indefinitely in consecutive reelections. By way of compensation for the larger amount of work which the new barangays will thrust on the cabeza, the remuneration which he receives at the present time, for his services of collection, shall be increased by 50 per cent., the Municipal Tribunal granting him, furthermore, every year the personal services of one or two polistas2 as assistants in the discharge of his duties. All these emoluments are granted to him without detriment to the exemptions and privileges already bestowed on him by the laws in force. Section 19. Questions which may arise regarding the total or partial constitution of the municipal tribunals, the Principalias, and the representation of the latter, or regarding their respective powers, shall be submitted to the Governor of the Province, who shall decide the questions with the concurrence of the Provincial Board. 2 Polistas were persons performing forty days' personal service for the community in one year.

Page  324 324 LOCAL GOVERNMENT IN THE PHILIPPINES ARTICLE II.-PROVINCIAL BOARDS Section 20. In order to inspect the administration of the "Income of the Towns" and to report to the Governor of the Province upon the municipal matters in which it must or may be heard, there shall be established in each capital, or seat of the province, a provincial board which shall be composed of the district attorney; the collector of public revenue; the provincial vicars (if there are two) and if there be one only, he and the Reverend Parish Priest of the provincial capital or seat; the health officer of the province; and four principal residents of the capital selected by the captains of the municipal tribunals of the province, in the manner prescribed in the regulations. The Governor of the Province shall be the ex officio President of the Board. In his absence, the ex officio members shall preside in the order in which they are named in the first paragraph of this Section. The four principal residents shall be under the obligation of discharging their duties for six years. Upon the expiration of this term, they shall cease in their positions, and the election of four others will follow, with the outgoing members not being eligible for reelection. Exemption from service on the Provincial Board may be granted the principal residents who have reached the age of sixty years as well as those who are physically disabled. Persons receiving salaries from general, local, or municipal funds; farmers of revenues; contractors for works or services of some town of the province; debtors to the public funds; those who may have been sentenced to a personal penalty, whether served or not: and persons undergoing trial whose case has not been closed by a final sentence, shall not be eligible to election for such offices. Section 21. The questions and incidents which the organization of provincial boards may give rise to, the total or partial renewal of their membership, and the definition of their powers, of their relations with the Governor of the Province, or with the municipal tribunals shall be decided by the Governor-General. Section 22. The Provincial Board shall have charge of the safe in which the "Income of the Towns" is deposited, the keepers of the keys being the district attorney, the collector of revenue, and one of the members of the Principa

Page  325 THE MAURA LAW 325 hia, elected by the captains of the towns, who shall be designated by lot from among the members of the Board. In order to regulate cash transactions and those of the accounting of receipts and disbursements, by accounts current which must be kept for each town, and other details of this service, as well as for the work of the office of the Secretary, the Board shall order the appointment of a person sufficiently competent, with an adequate stipend, which shall be paid pro rata from the "Income of the Towns". The same person shall act as the Secretary of the Board, without voice or vote, keeping the book of minutes signed by all those attending each session. The three keepers of the keys shall be personally and principally liable for the "Income of the Towns" which is deposited in the special safe of the provincial governments; and the other members of the Board shall be subsidiarily liable. Any member of the Board may demand an accounting any day he may see fit, so as to ascertain the condition of the treasury and of the balance it may contain; and such an examination must thereupon be made without any excuse or pretext whatsoever. Section 23. The observations or recommendations, occasioned by the task of inspection and of review entrusted to the Board, shall be communicated officially to the Governor of the Province, together with the documents or data pertinent thereto, so that the said authority may determine what may be proper. The Board may also address to the Governor-General, through the Governor of the Province, any statements, memorials, or recommendations it may adjudge conducive to the welfare of the towns or to an orderly conduct of the administration. CHAPTER TWO-ADMINISTRATION AND FINANCES OF THE TOWNS Section 24. The "Income or Funds of the Towns", exclusively destined to community needs, shall be made up of the proceeds from the following taxes and imposts: 1. Fisheries. 2. Certificates of ownership of cattle. 3. Certificates of transfer.

Page  326 326 LOCAL GOVERNMENT IN THE PHILIPPINES 4. Rents and products of city or rural property belonging to the town. 5. Billiard-tables. 6. Theatrical performances and horse-races. 7. Markets. 8. Slaughter-houses. 9. Turnpike-duties and ferry tolls. 10. Pounds for animals. 11. Tax for lighting and cleaning streets. 12. Surtax of 10 per cent. on the urban tax. 13. Municipal fines. 14. Tax on rural property established by each municipality. 15. Fifteen days' personal service tax. 16. Other sources of revenue which may be created according to the conditions of each town. Each municipal tribunal, with the presence of the delegates of the Principalia and the Reverend Parish Priest, shall of course establish such of the imposts or taxes mentioned under Numbers 1 to 15, as it may deem advisable; but the resolution creating new imposts, according to Number 16, must be submitted to the Governor of the Province before its discussion. The Governor may or may not authorize them, after hearing the Provincial Board, according as he may adjudge it expedient for the general and the town's interests. Section 25. Every municipal tribunal, once constituted in accordance with this provision, shall-with the presence of the delegates of the Principalia and of the Reverend Parish Priest-prepare a statement of the fixed sources of revenue with which it is to meet the current expenses of the town. In this statement no amount can be embodied when it accrues from the tax which may be placed upon rural property, in accordance with Number 14 of the preceding Section; as a separate account and statement must be kept of all the receipts relative thereto, which shall be used exclusively to defray the cost of local community public works. The statement of permanent ordinary sources of revenue, referred to in the preceding Section, shall be the budget of annual receipts of the town. It shall continue

Page  327 THE MAURA LAW 327 in force indefinitely, with the additions or alterations which may be introduced therein in a legitimate manner, and true and duly certified copies shall always be on file with the Municipal Tribunal and the Provincial Board. Every three years the estimate of the revenues appearing in the statement shall be revised by the Board, and each revenue item shall be set down only to denote the amount collected annually, in accordance with the average collections calculated from the accounts of the previous years. Section 26. The imposts and taxes which constitute the "Income or Funds of the Towns," with the exception of those which may be placed upon rural property, may be farmed out by the municipal tribunals at a public auction, in the manner prescribed in Section 12 and for periods not exceeding three years. The imposts and taxes not farmed out shall be collected by the cabezas de barangay or by the other persons entrusted therewith who may be designated in writing, and at the periods and intervals which the Municipal Tribunal may determine, under the personal responsibility of its members. At the end of the period of collection, the person in charge thereof shall deposit with the Municipal Tribunal the receipts which he may not have been able to turn into specie. He shall not be held accountable for the failure to make the collection, when such a failure is not due to negligence or bad faith. The Tribunal shall take such action as may be contributive to the payment by the delinquents of the amounts which they have come to owe. Section 27. To each taxpayer and for the amount collected, there shall be issued a receipt signed by the Captain and by the person in charge of the collection. This person shall make his deposits weekly, during the period of the collection, with the Municipal Tribunal, the Captain giving him receipts for the amounts deposited with a statement of the items to which they pertain. The Captain shall retain, at the time of the deposit, a duplicate of the receipt, with the signature of the collector, in order to make a record at the proper time of the deposit of the collection in the safe of the "Income of the Towns."

Page  328 328 LOCAL GOVERNMENT IN THE PHILIPPINES The person in charge of the collection shall also prepare a detailed statement of the collections, by items, for transmission to the Provincial Board at the times specified in the regulations. Section 28. The funds obtained in the collection of all the imposts and taxes shall be deposited by the Captain in a special chest, having three keys, called the "Chest of the Income of the Towns," which shall be under the custody of the office of the civil or politico-military governor in each capital or seat of the province. If the Captain will not be able to go in person to the capital to make the deposit, he shall send one or two commissioners under his responsibility. The regulations shall determine the amounts which the Captain may retain to meet the current obligations of the tribunals, as well as the formalities indispensable for a simple accounting, but always avoiding that any confusion or effacement come to the distinction, which must be complete, between the proceeds from the tax on rural property and the other receipts in the municipal revenues. The Captain is personally responsible for the funds deposited with him until the day upon which the deposit is made in the special chest of the "Income of the Towns." Section 29. The tax on rural property, wherever it may be established, shall consist of a certain percentage of the real value of the estate, whether or not under cultivation; and this percentage shall be fixed by each municipal tribunal, with the presence of the delegates of the Principalia and the Reverend Parish Priest. The resolution to establish, abolish, increase, or reduce the tax shall be embodied in a record, whereof a copy shall be forwarded to the Governor of the Province for his information and that of the Governor-General. In no case can the land tax be established, save in that of uncultivated private property. Section 30. When the tax upon rural property has been fixed by the Municipal Tribunal, with the attendance of the Principalia deputies and the Reverend Parish Priest, a detailed statement shall be formally prepared of the estates upon which the tax is to be levied, with a description of the area, boundaries, and real value given them and a certified copy of the record being forwarded to the Provincial Board. Observations made on this statement, or any part

Page  329 THE MAURA LAW 329 thereof, shall be addressed to the Provincial Board, in order that it may recommend to the Governor of the Province such decision as it shall deem just, such a decision to be considered final. The Board shall prepare summaries of the statements it may receive and shall forward copies thereof every six months to the Governor of the Province, who shall in turn transmit them to the Governor-General. Section 31. All the proceeds of the tax upon rural property shall be utilized exclusively for local community public works, and no reason or cause whatsoever can divert them from their original purpose. A separate account for each town, distinct from that covering the other revenues of the "Municipal Income" and the other disbursements, shall be kept of the receipts and payments made relative to such a tax. Section 32. The Municipal Tribunal may, jointly with the representatives of the Principalia and the Reverend Parish Priest, order the execution of public works, whose total cost shall not exceed 400 pesos, to be paid for from the amounts collected and deposited in the chest of the "Income of the Towns," by reason of the tax on rural property, without the need of the intervention of any other authority for such a resolution. If the total cost of the work will exceed 400 but not be more than 2,000 pesos, it will be necessary to submit the resolution to the Provincial Board so that it may recommend approval to the Governor of the Province, which in such case is necessary in order to undertake the work. If the cost of the work will exceed 2,000 pesos, the approval of the Governor-General shall be necessary, after the report of the Provincial Board and of the Governor of the Province has been made. If, after the work has been undertaken, the cost does exceed the limit formally laid down with the adoption of the resolution, before the payment shall be made by the treasury of the towns for any amount beyond the said limit, the Provincial Board shall examine the facts of the case and shall recommend to the Governor of the Province the correction of the error, if it be unintentional, or show the liability of those persons who adopted the resolution, if the excess in cost has been committed with malice aforethought. Section 33. The work referred to in the foregoing

Page  330 330 LOCAL GOVERNMENT IN THE PHILIPPINES Section shall be undertaken under the immediate supervision of the Municipal Tribunal, and no other technical personnel, outside of that freely appointed by the Tribunal, shall have anything to do relative thereto. Section 34. The Captain shall render a separate and special account of the execution of each of the public works referred to in the preceding Sections, upon its completion, if it is finished within the twelve months following the resolution to undertake them, and otherwise at the end of the calendar year wherein the said twelve months shall have ended. After the vouchers have been attached to the account, it shall be examined and audited by the Provincial Board, and approved in each case, or corrected by the Governor of the Province, in keeping with the formalities prescribed in Section 40. This official shall notify the GovernorGeneral of the work undertaken and completed and of the decision rendered on the accounts. Section 35. The fifteen days' work of the personal service tax shall be utilized for local community works and needs, by virtue of a direct order from the Captain of the Municipal Tribunal, and this order the Chief Lieutenant shall cause to be executed. A complaint can be addressed to the Governor of the Province against abuses which may be committed in this branch of the service, when they do not involve criminal liability chargeable before the courts of justice. Section 36. The municipal tribunals, once constituted, shall, with the assistance of the representatives of the Principalia and of the Reverend Parish Priest, order and prepare a simple statement of the fixed expenses which they adjudge indispensable each year to meet the needs of the community services, with a statement of the items and the amounts. This statement, once approved, shall be the budget of the ordinary and annual expenses of the town, and shall remain in force until it shall be modified in due form. Of the general statement of fixed expenses and of the alterations which may be introduced therein, there shall always be true and certified copies with the Municipal Tribunal and in the office of the Secretary of the Provincial Board. The following shall figure in the statement of fixed expenses:

Page  331 THE MAURA LAW 331 1. The credits necessary to meet the expenses which, according to the provisions in force, are binding upon the town, such as the subscription to the Gaceta de Manila, the transportation and maintenance of conscripts, the allowances and transportation expenses for prisoners, the allowances for the members of the rural guard and their stay in military hospitals, and any other kindred expenses. 2. The credits necessary to remunerate the personnel engaged in municipal services, whether in the office of the Tribunal, or employed as police, guards, or watchmen, or in the administration of the property or revenues of the "Municipal Income." The share which the town is to pay, according to a pro rata division of the expenses of the office of the Secretary of the Provincial Board, shall be added. 3. The credits necessary for the cost of office supplies and other municipal necessities. 4. The credits necessary for the preservation and repair of the public thoroughfares, within the entire jurisdiction of the town, as well as of the community buildings. 5. An amount for contingent expenses, which shall maintain a fixed proportion to the sum-total of the permanent expenditures which the regulations may determine. 6. The credits necessary for the service of cleaning, hygiene, charity, and embellishment, according to the circumstances and resources of each town. 7. The credits necessary to defray the expenses of public feasts and celebrations. The regulations shall determine the maximum proportion which may be authorized for the credits mentioned in No. 7 in relation to those indicated in No. 6 of this Section. Contingent or incidental obligations and necessities cannot be included in the fixed statement of community expenses. Section 37. In no case may the ordinary expenses exceed the fixed revenues duly estimated in the statement thereof, which must be prepared in accordance with Section 25. After those two permanent statements of ordinary receipts and disbursements shall have been prepared in

Page  332 332 LOCAL GOVERNMENT IN THE PHILIPPINES such a way that the expenditures shall never exceed the revenues and at the same time shall have been approved by the Municipal Tribunal, jointly with the representatives of the Principalia and the Reverend Parish Priest, both statements shall be forwarded to the Provincial Board. This body shall examine them, so as to avoid that this or other provisions in force be violated, and shall recommend to the Governor of the Province the approval or alterations which may be necessary to correct abuses or violations of law. After both statements have been approved, the originals shall remain in the capital, and a certified copy thereof shall be forwarded to the Captain of the Municipal Tribunal so as to serve as a guide in the management of the receipts and disbursements as well as for the annual accounts. Section 38. When the Municipal Tribunal, jointly with the delegates of the Principalia and the Reverend Parish Priest, comes to consider any alteration necessary in any of the statements of fixed receipts and disbursements of the town, it may be so ordered; and upon submitting the resolution to the superior authority in the manner prescribed in the foregoing Section, it shall be embodied in the statements together with its approval; but it shall have no effect until the following year, the statements being considered absolutely fixed throughout the entire year as a guide for the Administration and the accounts. Any increase in the disbursements, if their total amount exceeds that of the fixed receipts, shall be considered illegal and cannot be approved. Section 39. Expenses occasioned by unusual necessities and also those which may be decided upon as expedient by the Municipal Tribunal, with the help of the representatives of the Principalia and of the Reverend Parish Priest, shall be authorized once only with the same formalities as are prescribed for regular disbursements. An indispensable prerequisite for the approval of the Governor of the Province shall always be the existence of a surplus in the ordinary revenues, according to the statement in force, or that other revenues be provided for the emergency at the time of the authorization of the disbursement, sufficient in amount to cover the expenditure. Section 40. During the month of January of the following year, the Municipal Captain shall render an ac

Page  333 THE MAURA LAW 333 count, accompanied by vouchers, of the ordinary receipts and disbursements for each calendar year, in accordance with the items appearing in the statements of either in force for the same year. On the credit side of such an account must appear one by one all the items of receipts which the permanent statement may include, with each item added to the amount collected thereunder during the year. On the debit side shall appear the disbursements grouped and placed in the same order as they appear in the statement of the fixed disbursements authorized for that year. Furthermore, when during the year the special disbursements or receipts, referred to in Section 38, may have taken place, he shall render a special as well as an extraordinary account at the same time that he renders the other accounts. The Captain shall prepare a statement of the uses during the year of the personal service tax of fifteen days, and this statement he shall subscribe and submit together with the accounts referred to in the preceding paragraphs. Section 41. Within the first fifteen days of the month of February of each year, the Municipal Tribunal, with the attendance of the deputies of the Principalia, shall revise the accounts of the Captain and shall state categorically at the foot thereof, with the signature of all those present at the meeting, whether it approves them in whole or disapproves them in certain items, with an exposition of the grounds for objection. Should these resolutions not be unanimous, each member or each group must express and subscribe the opinion formed of the accounts. It shall be legally presumed that every lieutenant or deputy elector approves the Captain's accounts if he does not state in writing at the bottom his opposition or objection, whether or not he attends the meetings, unless the Tribunal shall have previously accepted a valid excuse from attending by reason of licit inability. Those members, who shall have approved the accounts of the Captain expressly or impliedly, shall be amenable to the same degree of accountability as that devolving upon the Captain for the approval of the account or items thereof. During the remaining days of the month of February, the Reverend Parish Priest, in view of the accounts and of the approvals or objections subscribed by the Lieuten

Page  334 334 LOCAL GOVERNMENT IN THE PHILIPPINES ants and Delegates, shall make a report, for whose contents they shall not be accountable before the law. The accounts, with the annotations of approval or objection and with the report of the Reverend Parish Priest, shall be forwarded straightway to the Provincial Board so that, after their examination by that body, it may recommend to the Governor their approval or such resolutions as it may adjudge proper for their amendment and to make binding the liabilities contracted. Section 42. Every disbursement, which shall not have been previously authorized, either in the permanent statement of the ordinary expenses of the towns or by emergency resolutions, shall be pronounced illegal and inadmissible on the statement of the accounts of the Captain; and he, together with any other members who may have made themselves sharers in his accountability, will be required to make the necessary reimbursements, even if it be proved that the liability had been incurred for local community needs. CHAPTER THREE-GENERAL PROVISIONS Section 43. The Governor-General is the president ex officio of all the municipal tribunals of the Islands, and -by delegation in each province-the Civil or PoliticoMilitary Governor. The governors of provinces may impose disciplinary penalties upon the municipal tribunals or members thereof by warning, summons, and fine, which shall not exceed 12 pesos for the Captain and six for the lieutenants and their substitutes while acting as such. Section 44. Governors of provinces may suspend from their duties the captains, municipal lieutenants, and lieutenants' substitutes while acting as such, either individually or in a body, after the institution of administrative proceedings with a hearing before the Provincial Board and a prompt report and the records of the proceedings have been forwarded to the Governor-General. The suspension cannot last more than three months. If the number of the persons suspended cannot be made up with the persons forming the Tribunal, or if the suspension is complete, the Governor of the Province shall designate officially, with the concurrence of the Provincial Board, the persons who are to take the places of those

Page  335 THE MAURA LAW 335 suspended, the selection to be made from among the members of the Principalia. The Governor-General shall confirm or amend the resolution of the Governor of the Province within a period not exceeding fifteen days. Section 45. It is a prerogative of the Governor-General to remove the members of the Tribunal or the entire corporation, following a report of the Council of Administration. In special cases or for the sake of public peace, the Governor-General may order the removal of the municipal tribunals, without resorting to any proceedings whatsoever. After the total or partial removal has been ordered, the substitution of the members removed shall be temporarily provided for by the Governor of the Province, in the manner prescribed in the preceding Section. The persons temporarily designated shall occupy the positions until the coming of the nearest regular period of renewal, and then the persons who are to replace those removed shall also be elected. Section. 46. The questions which may arise with regard to boundaries of jurisdiction, additions, segregations, or the establishment of new municipal tribunals, shall be decided by the Governor-General, following a report from the provincial boards and the governors of provinces. With the approval of the Governor-General, the towns may bind themselves into associations or societies for particular objects, such as the conduct of public works, the creation and endowment of charitable or educational institutions, the encouragement of their industries, or the enjoyment of communal property. The resolutions of the tribunals concerned, in cooperation with the delegates of the Principalias and the Reverend Parish Priests, together with a report of the provincial board or boards, shall suffice for the decision of the Governor-General. Section 47. When a municipal tribunal or any of its members shall consider itself or himself offended or injured by the resolutions of the governors of provinces, a special appeal for redress may be sent to the GovernorGeneral, to be decided following a hearing of the Governor of the Province and of the Provincial Board. Section 48. The General Council of Civil Administration is charged with the expeditious settlement of the

Page  336 336 LOCAL GOVERNMENT IN THE PHILIPPINES appeals and incidental details relative to the constitution of municipal corporations, or to their administration, in all matters that may come within the cognizance of the Governor-General. Section 49. The resolutions of the municipal tribunals whether acting alone or with the attendance of the delegates of the Principalia, shall be embodied in the minutes and shall be passed by an absolute majority of votes, without which the resolutions shall not be valid. The minutes of the sessions of the Municipal Tribunal, with or without the presence of the representatives of the Principalia and of the Reverend Parish Priests, shall be drafted in Spanish, if all of those members who are to subscribe the minutes understand the official language; but, otherwise, they shall be drafted in Spanish and translated into the local language in one and the same document, so that the signatures will authorize both versions. The vote of the Captain or of the person acting for him shall be the deciding one in case of a tie. Identical rules shall apply to the Provincial Board and to the vote of the President at its meetings. In all deliberations of the Municipal Tribunal, when it sits alone or when it must act jointly with the representatives of the Principalia, or with them and the Reverend Parish Priest, as in the Provincial Board, the presence of one more than one-half of the number of members entitled to attend in each case shall be understood to be necessary. Whenever the Reverend Parish Priest has the right to attend a meeting of the Municipal Tribunal, the Captain must previously come to an agreement with him on the hour of the meeting. At all these meetings, the parish priests shall exercise only the functions of supervision and advice and their presence shall not be reckoned for the number of those members obliged to attend in order to make the deliberations valid. Only in case of a resolution being urgent may a special meeting be called to deliberate with those members present, without a definite number, following the failure of a previous meeting on account of lack of quorum. The captains may impose fines of one-half peso, increaseable to two pesos in case of repeated offenses, upon the lieutenants and delegates of the Principalia who shall fail to attend a meeting without just cause.

Page  337 THE MAURA LAW 337 Section. 50. The provisions of this Decree do not relieve the tribunals of the towns and the cabezas de barangay of their obligations to the province and to the State, and the tribunals and the cabezas de barangay shall continue as heretofore, assisting the general and the local administration in accordance with the laws and regulations in force. Section 51. When the municipal tribunals (in order to make binding the liabilities of direct or indirect taxpayers), or the governors of provinces (in order to enforce compliance with their decisions as "hierarchical" superiors and inspectors of those corporations) do find it necessary to employ judicial compulsion for the nonpayment of net and specific amounts, the rules which the laws for the public treasury indicate for such procedure shall apply. Section 52. Before January 1, 1894, every provincial board shall submit, for the approval of the Governor-General, the proposed regulations which, according to the conditions existing in each respective province, it may adjudge best suited to a faithful and orderly execution of the rules to which the organization and the administration of the municipal tribunals are subject. The Governor-General shall approve the regulations following a hearing of the Council of Administration. Section 53. All provisions, in contravention of those contained in this Decree, are repealed. INCIDENTAL PROVISIONS 1. The Governor-General shall determine what may be proper in order that what is prescribed in this Decree may be executed and enforced on January 1, 1894. 2. The governors of provinces themselves shall for the first time make the appointment of the four members of the Provincial Board who are to be elected by the captains when the municipal tribunals shall be constituted, but heeding in such appointments the qualifications required of those who are to be chosen by election. 3. The tribunals of Chinese mestizos shall be dissolved and included in the municipal council, wherever there is any, subject to the Royal Decree of November 12, 1889, or in the municipal tribunal which may be constituted in accordance with these provisions. The barrios of the City of Manila are excepted.

Page  338 338 LOCAL GOVERNMENT IN THE PHILIPPINES 4. Contracts bidden for at public auction or awarded at the time of the publication of this Decree in the Gaceta de Manila, involving the revenues which are to form the "Income or Funds of the Towns," are declared to be in force until their legal expiration. The income which the local funds may derive from these contracts shall be distributed among the treasuries of the "Income of the Towns" in the manner which the Governor-General may consider most equitable. Given in the Palace this Nineteenth Day of May, 1893. MARIA CRISTINA. ANTONIO MAURA Y MONTARER, Colonial Minister.

Page  339 APPENDIX D AGUINALDO'S PROCLAMATION OF JUNE 18, 1898, ESTABLISHING THE DICTATORSHIP' TO THE PHILIPPINE REPUBLIC: Circumstances have providentially placed me in a position for which I cannot fail to recognize that I am not properly qualified; but since I cannot violate the laws of Providence or decline the obligations which honor and patriotism impose upon me, I now salute you, Oh, My Beloved People! I have proclaimed in the face of the whole world that the aspiration of my whole life, the final object of all my efforts and strength, is nothing else but your independence, for I am firmly convinced that that constitutes your constant desire, and that independence signifies for us redemption from slavery and tyranny, regaining our liberty, and securing entrance into the concert of civilized nations. I understand, on the other hand, that the first duty of every government is to interpret faithfully popular aspirations; with this motive, although the abnormal circumstances of the war have compelled me to institute this dictatorial government which assumes full powers, both civil and military, my constant desire is to surround myself with the most distinguished person of each province, those that by their conduct deserve the confidence of their province, to the end that, the true necessities of each being known by them, measures may be adopted to meet those necessities and apply the remedies in accordance with the desires of all. I understand, moreover, the urgent necessity of establishing in each town a solid and robust organization, the strongest bulwark of public security and the sole means of securing that union and discipline which are indispensable for the establishment of the Republic, that is, government 1 Printed in Senate Doc. 62, part I, 55th Cong., 3 sess., 1898-, pp. 432-437. Original filed in No. 206-3, Phil. Insurgent Records. 339

Page  340 340 LOCAL GOVERNMENT IN THE PHILIPPINES of the people and for the people, and warding off the international conflicts which may arise. Following out the foregoing considerations, I decree as follows: ARTICLE I. The inhabitants of every town where the forces of the Spanish Government still remain will decide upon the most efficacious measures to combat and destroy them, according to the resources and means at their disposal; and according to prisoners of war, their treatment shall be what is most conformable to humanitarian sentiments and the customs observed by civilized nations. ARTICLE II. As soon as the town is freed from Spanish domination the inhabitants most distinguished for high character, social position, and honorable conduct, both in the center of the community and in the suburbs, will come together in a large meeting, in which they will proceed to elect by a majority of votes the chief of the town and headman for each suburb, considering as suburbs not only those hitherto known as such, but also the center of the community. All those inhabitants who fulfill the conditions above named will have the right to take part in this meeting and to be elected, provided always that they are friendly to Philippine independence and are 20 years of age. ARTICLE III. In this meeting shall also be elected by a majority of votes three delegates, one of police and internal order, another of justice and civil registry, and another of taxes and property. The delegate of justice and civil registry will aid the chief in the formation of courts and in the keeping of books of registry of births, deaths and marriage contracts, and of the census. The delegate of taxes and property will aid the chief in the collection of taxes and the administration of public funds, the opening of books of registry of cattle and real property, and in all work relating to the encouragement of every class of industry. ARTICLE IV. The chief, as president, with the headman and the above-mentioned delegates, will constitute the popular assemblies, who will supervise the exact fulfillment of the laws in force and the particular interests of each town. The headman of the center of the community will be

Page  341 AGUINALDO'S PROCLAMATION 341 the vice-president of the assembly and the delegate of justice its secretary. The headmen will be delegates of the chief within their respective boundaries. ARTICLE V. The chiefs of each town after consulting the opinion of their respective assemblies will meet and elect by a majority of votes the chief of the province and three councilors for the three branches above-mentioned. The chief of the province as president, the chief of the town which is the capital of the province as vice-president, and the above-named councilors will constitute the provincial council, which will supervise the carrying out of the instructions of this Government in the territory of the province and for the general interest of the province, and will propose for this government the measures which should be adopted for the general welfare. ARTICLE VI. The above-named chiefs will also elect by a majority of votes three representatives for each one of the provinces of Manila and Cavite, two for each one of the provinces classified as terminal in Spanish Legislation, and one for each one of the other provinces and politico-military commands of the Philippine Archipelago. The above-named representatives will guard the general interests of the Archipelago and the particular interests of their respective provinces, and will constitute the revolutionary congress which will propose to this Government the measures concerning the preservation of internal order and external security of these Islands, and will be heard by this Government on all questions of grave importance, the decision of which will admit of delay or adjournment. ARTICLE VII. Persons elected to any office whatsoever in the form prescribed in the preceding article cannot perform the same without the previous confirmation by this Government, which will give it in accordance with the certificates of election. Representatives will establish their identity by exhibiting the above-named certificates. ARTICLE VIII. The military chiefs named by this Government in each province will not intervene in the government and administration of the province, but will confine themselves to requesting of the chiefs of provinces and of the towns the aid which may be necessary, both in

Page  342 342 LOCAL GOVERNMENT IN THE PHILIPPINES men and resources, which are not to be refused in case of actual necessity. Nevertheless, when the province is threatened or occupied by the enemy, in whole or in part, the military chief of highest rank therein may assume the powers of the chief of the province until the danger has disappeared. ARTICLE IX. The government will name for each province a commissioner especially charged with establishing therein the organization prescribed in this decree, in accordance with instructions which this government will communicate to him. Those military chiefs who liberate the towns from the Spanish domination are commissioners by virtue of their office. The above-named commissioners will preside over the first meetings held in each town and in each province. ARTICLE X. As soon as the organization provided in the decree has been established all previous appointments to any civil office whatsoever, no matter what their origin or source, shall be null and void, and all instructions in conflict with the foregoing are hereby annulled. Given at Cavite the 18th day of June, 1898. EMILIO AGUINALDO. For the execution of, and proper compliance with, the provisions of the decree of this Government concerning the government of the provinces and towns of the Philippine Archipelago, I hereby decree the following: As supplementary to the said decree of the eighteenth instant, the following instructions shall be observed concerning the administration of the provinces and towns. OF THE HOLDING OF MEETINGS RULE 1. —The authority vested with powers to preside over the meetings of the juntas and of the councils shall convene the persons constituting either of these bodies by sending to each one a notice in writing of the day and hour, place and object of the meeting. When urgent matters are concerned, an oral message may be sent. RULE 2.-No one shall fail to be present at the meetings without showing in writing justifiable cause which prevents attendance. He who fails to attend without complying with this requisite shall pay a fine of half a peso, which shall be deposited in the town treasury.

Page  343 AGUINALDO'S PROCLAMATION 343 RULE 3.-Meetings shall always be held when business of a serious and important nature for the town or province is to be considered, but which is not of an urgent character. The chiefs may determine for themselves matters which are urgent, but shall communicate to the council or junta at the first meeting which may be held the decision they may have adopted. Nevertheless, the councils and juntas shall hold a meeting once a month at least. RULE 4.-Any member of the junta or council may move any measure which may be of interest for the town or province; but the motions shall be put in clear and concise terms. When any motion is made, the president shall invite the other members to express their opinions and briefly to explain the reasons for or against, endeavoring not to waste the time in long discourses which have no other end than to confuse the point. When the business shall have been sufficiently discussed, the president shall ask each of the members if he must or must not accept the motion, and such action shall be taken as is approved by a majority of one vote. RULE 5 —Motions of great importance shall be previously examined by a committee appointed for the purpose, which shall read its report at the next meeting, and thereupon discussion shall be held as above stated. RULE 6.-The meetings as well as the votings which require secrecy, on account of their importance, shall be made in secret; and for this purpose two tellers shall be appointed by a majority vote and a secretary, who shall take their seats at the table at which the president is seated; then one by one the voters shall approach this table and give their vote, which the secretary shall enter on a list prepared for the purpose in the presence of the said persons and the party interested. All the votes having been set down, including those of the tellers and the secretary, a count shall be made by these persons, and the result of the voting read aloud. Bribery and falsification of votes shall be checked by service punishments. RULE 7.-Resolutions shall not be valid without having in their favor at least three votes in the council and five in the juntas, it being well understood that the said numbers constitute the only majority. RULE 8.-The meeting shall be public, and only in those cases where secrecy is required may the meetings be held in private.

Page  344 344 LOCAL GOVERNMENT IN THE PHILIPPINES RULE 9.-On adjournment, each meeting shall prepare its minutes in which shall appear a clear and succinct account of all the incidents of the meeting, and which all present shall sign. When elections are held, a literal copy of the minutes shall be delivered to each one elected, signed by the members present. In every council and junta, a book shall be kept wherein the minutes shall be entered in chronological order. RULE 10.-The president shall conduct the deliberations and shall have no vote; but in case of a tie, he shall have the deciding vote. RULE 11.-Each junta shall consider the best method for establishing public schools in proportion to the means of the towns, and shall recommend it to the council in order that it may decide what may be proper, although such decision shall be of a provisional character until the revolution triumphs. Nevertheless, the council shall notify this Government what it may decide on the matter. ON THE FORMATION AND CHARACTER OF THE POLICE FORCE RULE 12.-The chief of the town shall organize a police force, composed of armed men, in such number as the resources of the town may permit. This force shall be under the charge of the police commissioner, who shall have the rank of a lieutenant of the army. RULE 13.-The said force shall carry out the orders of the chief of the town, as its immediate superior, and of the chief of the province, as the superior officer of the latter, and is designed not only to maintain internal order, but also to defend the town. RULE 14.-The military commanders of each province may utilize the said forces in battles in case of real necessity, with the knowledge of the chief of the town, as well as of the chief of the province, if it be possible. RULE 15.-All males from the age of eighteen years and more are obliged to serve on the said force, but enforced service shall not be required while volunteers offer themselves; nor are married men obliged to serve while unmarried ones are available. The ones excepted are those discharging civil functions or are physically unfit. RULE 16.-The police commissioner shall keep a book

Page  345 AGUINALDO'S PROCLAMATION 346 in which he shall enter not only the description of each person, but the services he renders. There shall be an agreement with the chief to furnish clothing for the force and the daily subsistence necessary, according to the rank of each one, an amount which shall be previously fixed by the junta and be taken from the town funds. RULE 17.-The military commander of the province shall agree with its chief and the chiefs of the respective towns on the military instruction of the forces in question. OF THE CONDUCT OF TRIALS, CIVIL REGISTERS, AND THE POLL RULE 18.-The chief of the town as judge, and the commissioner of justice as secretary, shall direct the proceedings which may be instituted against any citizen, beginning with a clear and concise statement of the act, the subject-matter of the trial, and the indispensable investigations to ascertain and secure the true culprit, concluding with a precise and categorical declaration or statement of the latter and of the witnesses for the prosecution and for the defense. Antiquated practices and formalities, which serve no other purpose than to fill papers and make the course of the trial interminable, shall be avoided. RULE 19.-When the judge is of the opinion that there are no further investigations to be made, he shall forward the record, with the accused, to the provincial council, which shall appoint a "ponente" (see note) to examine the proceedings and report that the investigations have concluded, or that others are to be made, in the latter case giving the necessary orders to the chief of the town to supply any deficiencies observed. RULE 20.-The proceedings having been completed, the council shall order the accused to appear at a public hearing; and, after the "ponente" has read a succinct and classified statement of the process, the accused, or persons whom he may designate for his defense, shall be heard, and decision shall be pronounced after due deliberation. An appeal from this decision lies with the commissioner of justice to congress. RULE 21.-The Spanish penal code, with the provisional law for the application of its provisions in these islands, shall be in force temporarily until the revolution shall triumph, in so far as it is not opposed to the decrees of the Government.

Page  346 346 LOCAL GOVERNMENT IN THE PHILIPPINES RULE 22.-Only such persons shall be tried by courtsmartial who serve in the revolutionary militia and the members of the police of the towns when they shall be made use of by the military commanders of the provinces. There shall also be tried by courts-martial the principals of crimes which are considered as military crimes by this Government in the decree which it will publish for that purpose, in view of the abnormal conditions of the war. RULE 23.-Civil litigations, whatever may be the character or amounts involved, shall be decided in the first instance by the juntas of the towns and in the second instance by the provincial councils. The complaints and the appeals shall be presented to the chiefs of the towns and of the provinces, who shall convene the respective juntas and councils. Either of these bodies shall issue a decree providing for the appearance of the litigant parties with their respective evidence; and, after hearing the pleadings of each and taking the evidence offered into consideration, they shall properly deliberate and decide by a majority vote on what they esteem most in accordance with justice. These decisions shall be provisional and may be amended by the tribunals of competent jurisdiction when, after the Republic is proclaimed, the administration of justice shall have been duly organized. The decisions shall conform to the provisions of the Spanish Civil Code, which shall likewise be in force provisionally in everything which is not in contravention with the decrees of the Government. RULE 24.-The Commissioner of Justice shall keep on file all the decrees and other provisions of this Government. RULE 25.-The same Commissioner shall keep three books-one in which he shall enter the births, in chronological order, by specifying the name of the new-born, the place and day of birth, the names, surnames, and residence of its parents, and, lastly, the name, surname, and residence of the godfather, who shall sign the entry as witness with the chief and the aforesaid Commissioner. RULE 26.-He shall keep another book in which he shall enter the deaths, giving the name, surname, profession, conjugal condition, and residence of the deceased, the names, surnames, and residence of his parents and the disease which was the cause of death.

Page  347 AGUINALDO'S PROCLAMATION 347 The entry shall be signed by the chief and the Commissioner, together with a witness who shall be a member of the family or a neighbor of the deceased. RULE 27. —In the third book, marriage contracts shall be entered, in conformity with the following requisites: The contracting parties shall sign a paper stating to the chief of the town that by mutual consent they have agreed to marry, and requesting that he proceed to enter the contract in the public registry. If the contracting parties be less than twenty-three years of age, their respective fathers shall subscribe the paper with them; in the absence of these, the mothers; and lacking both of these, the elder brothers who shall have completed twenty-one years. If none of the persons mentioned exist, authority shall be requested of the junta of the town, and this authority shall accompany the paper. If the contracting parties have completed twenty-three years of age, a witness for each one shall subscribe the paper with them, who may be any of the parties mentioned. or another person of legal age, possessing the confidence and friendship of the interested parties. The minor contracting party who shall have obtained authority from the junta shall also be accompanied by a witness. The document having been presented with the expressed formalities, the chief of the town shall order that the banns be published. For this purpose, a notice shall be posted upon the door of the town-hall, in which the aforesaid document shall be literally copied, calling upon such persons to appear who can testify and prove that either of the contracting parties has already signed a marriage contract with another person in the registry of another locality. This announcement shall likewise be read once a week in public for three consecutive weeks, such reading taking place on a holiday or market-day, or some day when there is an unusual concourse of people. When the three weeks shall have expired without any complaints having been made, those who subscribe this document shall appear before the chief and commissioner, and in the presence of the contracting parties shall state that of their own free will and by mutual consent the latter have agreed to form a conjugal union, to lead a common and indissoluble life while they live, that for this end they give a formal pledge of mutual fidelity and promise to educate their children in the love of God, their neigh

Page  348 348 t' LOCAL GOVERNMENT IN THE PHILIPPINES bor, and their country. This entry shall be subscribed by all the persons present. RULE 28.-If complaints be made, the contract can not be executed until it is proved that they are without foundation. RULE 29.-No priest shall celebrate a canonical marriage unless the contracting parties present the certificate of the contract, signed by the chief and the commissioner; and if he should do so without this requisite, the marriage shall not be valid in law. RULE 30.-Lastly, the Commissioner of Justice shall keep a book in which he shall make entry annually of the residents of each barrio, beginning with the -town proper, giving the name, surname, conjugal condition, profession, and residence of each one, making at the end an index of the total number of inhabitants-of the total number of men and women-of the total number of births, deaths, and marriages occurring during the year. TAXES AND REGISTRATION OF PROPERTY RULE 31.-Immediately upon the establishment of the popular organization in the manner prescribed in the decree of the eighteenth instant and in these instructions, the chief of the town, aided by the respective commissioner, shall take charge of all the property belonging to the town, as well as that left by the Spaniards, and shall administer the same in the manner most advantageous for all in the judgment of the junta. RULE 32.-All local taxation established by the Spanish Goverment shall likewise be taken in charge; exception being made of the gaming licenses and taxes on cockfighting, which is absolutely prohibited, as it causes nothing but ruin to the town and gives scarcely any benefit to the public treasury. RULE 33.-Every kind of gambling shall be considered a crime, punishable in the code as if it were a game of chance, and the official who tolerates it shall be relieved of his office and shall pay a fine to be determined by the provincial council, in proportion to the importance of the gambling, but in no case shall it be less than fifty pesos. The amount of the fines of every sort shall be deposited in the town treasury. RuLE 34.-The chief of the town, on taking charge of the above-mentioned property and taxes, shall make a

Page  349 AGUINALDO'S PROCLAMATION 849 detailed inventory thereof in the following order: Money, jewels, furniture, live-stock, real estate, public documents, paper money, and taxes. In this inventory, the average value of each article shall be expressed, and the income derived from the real estate and taxes computed. A copy of this inventory, subscribed by the chief and by the commissioner, shall be sent to this Government through the provincial council. RULE 35.-The juntas may collect as an indirect local tax for each civil trial in which the amount involved is not determined; or, when it is determined and does not exceed five hundred pesos, the sum of five pesos. On amounts exceeding five hundred pesos, a one per cent. tax shall be collected. These amounts shall be paid by the losing litigant. The councils may act in the same manner in the second instance. RULE 36.-The chiefs of towns may also demand in the manner stated the sum of one peseta for each entry of birth or death, four reales for each public notice, and twelve reales for each entry of matrimonial contract. RULE 37.-An ordinary personal tax of one peseta a person for each quarter may also be imposed upon males above the age of 18 years who do not serve in the revolutionary militia or on the police force of the town. A special tax may also be imposed upon the well-to-do class, the amount of which shall be determined in each case by this Government after hearing the opinion of the representatives of the provinces, if there should be any, when great peremptory necessities appear; but in such cases the Secretary of the Treasury shall circulate the statements of the collection and investment of the said funds for the information and satisfaction of the taxpayers. RULE 38.-At the beginning of each quarter, the chief of the town shall order the collection of personal taxes by the heads, each of whom shall keep a book of the collections, in which he shall enter the names and surnames of those persons who have paid their quotas. The heads shall turn in the proceeds of the collections to the Commissioner of Revenue, who, after entering in the cash-book the quotas collected and the names of the taxpayers, shall sign the receipt with the counter-signature of the chief in the book of collections, which shall remain in the possession of the head for safekeeping. Such persons shall be elected as councilors and corn

Page  350 350 LOCAL GOVERNMENT IN THE PHILIPPINES missioners of revenue who possess property sufficient to serve as security for the amounts intrusted to their care and custody. RULE 39. —The chief of the town, with the Commissioner of Revenue, shall immediately formulate an estimate of the expenses and needs of the town; and, after submitting it for the approval of the junta, shall forward it to the provincial council, which, with its report, shall forward it to this Government for its definite approval. In accordance with this estimate or budget, the chief shall adjust the expenses of the town, and the Commissioner of Revenue shall make no payment without the written order of the former. Pending this approval, urgent and indispensable payments may be ordered provisionally and in conformity with the same. RULE 40.-At the end of each quarter, the Commissioner of Revenue shall draw up the account of all disbursements made and the statement of receipts; and after the examination by the junta, he shall forward them to the provincial council for consolidation into a general account, which shall be forwarded to this Government every six months. RULE 41.-In the town treasury, there shall be kept only an amount sufficient for its expenses, in conformity with the estimate approved, the remainder to be forwarded to the provincial treasury, which shall be in the custody of the councilor of revenues, under the immediate supervision of the provincial council, whose members will be jointly responsible for any defalcation which may occur. RULE 42.-Each council, on being constituted, shall immediately form and submit for the approval of this Government an estimate of the indispensable expenses for the provincial necessities, and the chief of the province can not order any payment except in accordance with such an estimate. The chief of the province shall order the forwarding to this Government of any surplus funds by the safest and quickest way when called upon to do so in order to meet the general expenses of the Revolution. RULE 43.-The Commissioner of Revenue shall keep a book for the registration of property and the transfer of cattle. On inscribing any number of head of cattle in this register, the town mark shall be branded thereon. The certification of the entry in the registry of transfer, which the Commissioner shall issue with the countersignature of

Page  351 AGUINALDO'S PROCLAMATION 351 the chief, will serve to establish in the future the ownership of the cattle. For this work, the sum of one peseta for each entry shall be demanded as a local tax. RULE 44.-Lastly, he shall keep another book in which real estate property within the jurisdiction of each town, beginning with the town proper and concluding with the barrios, shall be entered. All country property, as well as city property-that is to say, the houses and lots —shall be entered by parcels, which are to be understood as the portions of ground more or less extensive which belong to one single person and occupy one site. In the entry of each parcel, its area shall be stated, together with its boundaries, the cultivation to which it is devoted, its approximate value, and the net annual income which may be derived therefrom. At the end, there shall be set the name, surname, and residence of the known owner; and if it be rented, the personal data of the tenant' shall also be stated. In the parcels which are town property, or which have no known owner, this fact shall be stated. For this work, one per cent. of the value of each parcel may be collected, the amount being paid into the town treasury. RULE 45.-Each town may use on its official dispatches a circular seal, in whose center a sun with eight rays, and three stars toward the upper portion, are engraved. On the upper border, besides the stars, there shall be written in a semicircle the name of the province in Tagalog, and on the lower, likewise in a semicircle, the name of the town in the same language. The councils shall use the same seal, but in place of the name of the town they shall put the word "Sangunian." Given in Cavite, June 20, 1898. EMILIO AGUINALDO. NOTE ON "PONENTE" The "ponente" is a judge of a tribunal of competent authority designated to investigate the case at issue and the evidence submitted pro and con and to advise the court whether or not it is pertinent thereto; to submit orally for the deliberation of the court all findings of fact and conclusions of law, and the decisions which, in his judgment, should be rendered, but without making a draft thereof; to draft the rulings and judgment in the terms agreed upon

Page  352 362 LOCAL GOVERNMENT IN THE PHILIPPINES by the court, even though his vote is not in accordance with that of the majority, although in the latter case, the presiding judge may intrust the drafting of the decision of the court to another judge if he considers it advisable by reason of special circumstances, but in any case the "ponente" may prepare a dissenting opinion; to read the judgment in open court, or in his absence the judgment may be read by the presiding judge; to take the depositions of witnesses and other supplementary evidence when, according to law, the evidence can not or should not be taken before the court ordering it, or if taken without the town where the court is sitting and when examining judges or municipal judges are not commissioned to take such evidence; to investigate whether or not legal formalities have been observed, whether or not the instruments for which the law prescribes precise forms have been drafted in accordance therewith, or whether or not any abuses have been committed, either of commission or omission, in the proceedings of the action; and if there exists any mistake which should be corrected, he shall call the attention of the court thereto for the purpose of having the error corrected and procuring a strict observance of the law, in letter as well as in spirit. On all rulings which he shall recommend to the court, the "ponente" shall vote first, and afterwards the other judges in the inverse order of their seniority with regard to length of service. The "ponente" is appointed by the presiding judge of the tribunal aforesaid, and is chosen from among the associate judges. In case there be but two associate judges, the presiding judge also takes his turn.

Page  353 APPENDIX E HEADQUARTERS DEPARTMENT OF THE PACIFIC AND EIGHTH ARMY CORPS GENERAL ORDERS, No. 43. Manila, P. I., August 8, 1899. The following instructions, issued by the commanding officer of troops on the railway line, for the establishment of order and temporary government in the towns adjacent to that line and within territory of United States occupation, have been approved by the Department Commander, and the same have been adopted as proper measures and regulations for the temporary control of all cities and towns which the United States have or may hereafter take possession of and hold in cases where civil administration is wanting. They will be put in force by the senior officer of troops present in so far as conditions permitthose officers exercising over the formation of such government and the proceedings under it immediate supervision. They are as follows: 1. In each town there will be a Municipal Council, composed of a President and as many representatives or headmen as there may be wards or barrios in the town, which shall be charged with the maintenance of public order and the regulation of municipal affairs in particulars hereinafter named. It will formulate rules to govern its sessions and order of business connected therewith, and by majority vote (to be determined by the President in case of a tie) will, through the adoption of ordinances or decrees, to be executed by the President, administer the municipal government; but no ordinance or decree shall be enforced until it receives the approval of the Commanding Officer of the troops there stationed. 2. The President shall be elected by a viva voce vote of residents of the town, approved by the Commanding Officer, and, together with the headmen or representatives 353

Page  354 354 LOCAL GOVERNMENT IN THE PHILIPPINES of the Council, shall hold office for one year. He shall be of native birth and parentage and a resident and property owner of the town. The headmen shall be elected by a viva voce vote of residents of their wards or barrios and shall reside and own property therein. 3. The President shall be the executive of the Municipal Council to execute its decrees issued for the following purposes, viz: To establish a police force. To collect taxes and license fees, to act as treasurer of public funds and to make disbursement on warrants of the Council. To enforce regulations relating to traffic and the sale of spirits, to establish and regulate markets, to inspect live stock and record transfers and brands of the same. To perform the duties formerly belonging to the Lieutenant of paddy fields. To enforce sanitary measures. To establish schools. To provide for lighting the town. 4. The senior headman, or one designated by the Council, shall be Vice-President of the same, assistant to the President and shall be ex-officio Lieutenant of Police. 5. The headman of a ward is the delegate of the President for that ward; shall take measures to maintain order and shall have power to appoint two assistants. 6. The Council shall have no jurisdiction in civil cases, but on the application of parties in interest and their agreement in writing to accept the award of the Council it shall hear and decide cases involving property not to exceed in value $500. 7. In criminal matters the President, representing the Council, shall make the preliminary examination and, according to the result, discharge the prisoner or transfer him immediately to the custody of the military authorities for trial by provost court. 8. The Lieutenant of Police may arrest or order the arrest of persons violating a city ordinance, disturbing the peace or accused of crime; but no person shall be held in confinement longer than twenty-four hours without a preliminary examination, and no person shall be arrested for non-payment of taxes or for debt.

Page  355 GENERAL ORDERS No. 43 355 9. The President shall render to the Council during the first week of each month a certified account of collections under each tax, and of disbursements made during the preceding month. Said account having been approved by the Council, shall be forwarded with vouchers to the Commanding Officer of the troops, who shall make and retain a certified copy thereof. 10. Special appropriations shall require a unanimous vote of the Council; regular disbursements may be made by ordinary decree on a majority vote. 11. Whenever the Commanding Officer of troops shall notify in writing the Council that in his judgment a decree issued under sub-division 3 is inadequately executed, or shall make any other criticism or recommendation, the Council will convene as soon thereafter as practicable to consider his communication and shall make written reply thereto, which reply, if he deem it insufficient, he shall forward with his remarks through military channels to these headquarters. 12. The foregoing provisions, tentative in character, are subject to amendment by enlargement or curtailment as special conditions or development may make necessary. BY COMMAND OF MAJOR GENERAL OTIS: THOMAS H. BARRY, Assistant Adjutant General.

Page  356 APPENDIX F OFFICE OF THE U. S. MILITARY GOVERNOR IN THE PHILIPPINE ISLANDS GENERAL ORDERS, No. 18. Manila, P. I., January 29, 1900. It being necessary and expedient at the present time to develop the abridged form of municipal government announced in General Orders, No. 43, of August 8th last, from the Headquarters of the Department of the Pacific and 8th Army Corps, and prescribed to meet the temporary requirements of towns of the Philippines which should be rescued from the control of armed Insurgentsa labor which under present circumstances requires careful consideration and mature deliberation and in which the Chief Justice of the Supreme Court and the Attorney General of the Islands have, upon request, consented to render assistance, a Board is hereby called to take the subject under advisement and deliberation and to formulate and report as soon as practicable a plan of municipal government which shall contain all necessary features to meet requirements and which shall be as liberal in character as existing conditions permit. Detail for the Board. His Honor, Cayetano Arellano, President of the Audiencia; The Honorable Don Florentino Torres, Attorney General of the Islands; Lieutenant Colonel E. H. Crowder, 39th Infantry, Associate Justice of the civil branch of the Audiencia; Honorable R. W. Young, Associate Justice of the criminal branch of the Audiencia; Lieutenant Colonel T. R. Hamer, 37th Infantry, Associate Justice of the criminal branch of the Audiencia. BY COMMAND OF MAJOR GENERAL OTIS: THOMAS H. BARRY, Assistant Adjutant General. 356

Page  357 APPENDIX G OFFICE OF THE U. S. MILITARY GOVERNOR IN THE PHILIPPINE ISLANDS GENERAL ORDERS, No. 40. Manila, P. I., March 29, 1900. The Board of which his Honor, Don Cayetano Arellano, Chief Justice of the Philippines, is President, and which was called in General Orders, No. 18, of January 29th, last, from this office, to submit a form of municipal government for such of the municipios of the Islands as are prepared to adopt representative control over their own civil affairs, and which may become applicable to others as soon as they demonstrate a fitness for self administration, having reported a plan of government which meets existing conditions, the same is approved and will receive practical application in accordance with the mode of procedure therein outlined. It is with great satisfaction that the United States authorities, in consonance with former promises, promulgates in this order the law by which the municipalities of the towns of the Philippines are to be established and governed in the future. The law is inspired by a genuinely liberal spirit and the principles of autonomous government. It is in itself educating. It is calculated to urge on the people in the path of true progress, if they are desirous to understand their duties as free citizens and make legitimate use of their privileges. For the first time the Philippine people are to exercise the right of suffrage in the election of municipal officers-a right only slightly restricted by conditions which have been imposed for the purpose of rewarding as well as encouraging the people in their just and natural aspirations to become educated, and worthy to enjoy all the benefits of civilization. With the new municipalities, a really autonomous and decentralized municipal government will be established in the towns, since no provincial assembly is created in the capitals of the provinces or districts, and each municipal357

Page  358 368 LOCAL GOVERNMENT IN THE PHILIPPINES ity is the legitimate administrator of the interests of its town, and will keep, preserve and expend for the public welfare the municipal funds. The intervention which has been bestowed upon the Governors of Provinces, or the supreme island authorities, is in the interest of the towns themselves, as well as of the country in general, because supervision and watchfulness are always indispensable to prevent transgressions of the law, and the harm consequent upon a non-compliance with its precepts. It will be noted also that the ample powers given the Alcalde (the representative of the executive power) to punish and repress misdemeanors and infringements of a governmental or administrative character, provide that before a penalty or correction can be applied the accused must be heard, and allowed to submit evidence in his behalf-a proceeding heretofore unknown in these islands. A reading of the provisions of the law clearly demonstrates the purposes, tendencies and beneficent intentions of the United States Government. Naturally, it is impossible to frame legal provisions which are perfect, but these are susceptible of future improvement in order that they may meet future necessities and keep pace with the development in political knowledge of the Philippine people, with whom now rests the creation of municipalities which shall faithfully administer their interests and protect their rights and liberties. Their action is limited by the law solely by a desire to establish prudential measures for the common welfare, such as appear to be necessary to secure the prosperity and the moral and material advancement of the country. And if, notwithstanding the prudent foresight of the United States Government as herein expressed, errors should occur and abuses should be committed by the municipalities in the management of their interests, the abuses will be strongly repressed in accordance with the Penal law, and responsibility for errors committed must be charged to the electors who, it is to be hoped, after having seen that they have chosen incompetent or unworthy officers, will endeavor to exercise the elective franchise more wisely in the future. By such a course of action they will demonstrate that they possess the qualifications necessary to free citizenship; that they have a clear idea of their rights and liberties; that they know how to guard their common interests, and that they honestly desire the progress and happiness of the country. The following are the provisions of law (subdivided into chapters and articles) which have been determined

Page  359 GENERAL ORDERS No. 40 359 upon and which will be carried into execution as rapidly as practicable: CHAPTER ONE. DEFINITION AND CLASSIFICATION. ARTICLE 1. The towns of the Philippine Islands shall be recognized as Municipal Corporations with the same limits as heretofore established, upon reorganizing under the provisions of this order. All property vested in any town under its former organization shall be vested in the same town upon becoming incorporated hereunder. ART. 2. Towns so incorporated shall be designated as "Municipios," and shall be known respectively by the names heretofore adopted. Under such names they may, without further authorization, sue and be sued, contract and be contracted with, acquire and hold real and personal property for the general interests of the town, and exercise all the powers hereinafter conferred. The City of Manila is exempt from the provisions of this order. ART. 3. The municipal government of each town is hereby vested in an Alcalde and a Municipal Council. The Alcalde and Councilors, together with the Municipal Lieutenant, shall be chosen at large by the qualified electors of the town, and their term of office shall be for two years from and after the first Monday in January next after their election and until their successors are duly chosen and qualified; provided that the Alcalde and Municipal Lieutenant elected in 1900 shall hold office until the first Monday in January, 1902, only; and that the Councilors elected in 1900 shall divide themselves by lot into two classes; the seats of those of the first class shall be vacated on the first Monday of January, 1901, and those of the second class one year thereafter, so that one-half of the municipal council shall be chosen annually. ART. 4. Incorporated towns shall be of four classes, according to the number of inhabitants. Towns of the first class shall be those which contain not less than 25,000 inhabitants and shall have 18 councilors; of the second class, those containing 18,000 and less than 25,000 inhabitants and shall have 14 councilors; of the third class, those containing 10,000 and less than 18,000 inhabitants and shall have 10 councilors; of the fourth class, those containing less than 10,000 inhabitants and shall have 8

Page  360 360 LOCAL GOVERNMENT IN THE PHILIPPINES councilors. Towns of less than 2,000 inhabitants may incorporate under the provisions of this order, or may, upon petition to the Provincial Governor signed by a majority of the qualified electors thereof, be attached as a barrio to an adjacent and incorporated town, if the Council of the latter consents. CHAPTER TWO. ELECTIONS. ART. 5. The electors charged with the duty of choosing elective municipal officers must be male persons, 23 years of age or over, who have had a legal residence in the town in which they exercise the suffrage for a period of six months immediately preceding the election, and who are not citizens or subjects of any foreign power, and who are comprised within one of the following three classes: 1. Those who, prior to the 13th of August, 1898, held the office of Municipal Captain, Gobernadorcillo, Lieutenant or Cabeza de Barangay. 2. Those who annually pay 30 pesos or more of the established taxes. 3. Those who speak, read and write English or Spanish. ART. 6. Each elector shall, before casting his ballot, take and subscribe the following elector's oath, which shall be administered by the Municipal Secretary: ELECTOR'S OATH. I,......................................, do solemnly swear (or affirm) that I am a male resident of the town of............. in the........................................; and shall have resided therein for the period of six months next preceding the next municipal election; that at the date of said election I shall be...... years of age; that I am not a subject or citizen of any foreign pow er; that I..................................................................................... and in all respects shall be entitled to vote therein at the next election for Municipal officers; furthermore, that I recognize and accept the supreme authority of the United States of America, and will maintain true faith and allegiance thereto; that I will obey the laws, legal orders, and decrees duly promulgated by its authority; and that 1 impose upon myself this obligation voluntarily and without mental reservation or purpose of evasion. So help me God. (Signature of the elector.) Subscribed and sworn to (or affirmed) before me this....... day of............................. 1900. (Signature of Mulnicipal Secretary)

Page  361 GENERAL ORDERS No. 40 361 ART. 7. The following persons, although they may possess the qualifications required in Article 5, shall be disqualified from voting: Defendants in criminal cases pending trial; those who have been gubernatively corrected three or more times for misconduct; those who have been subjected to corporal punishment or disqualification; those who are subject to civil interdiction or to the vigilance of the authorities through sentence of a court of justice; debtors to any municipal, provincial or treasury fund; those who have contracts with the municipal council to be finished within the municipal term; those who have a suit with the municipality to which they belong; and insane and feeble-minded persons. ART. 8. General municipal elections (except the first, for which special provision is hereinafter made) shall be held on the first Tuesday in December of each year, and the officers elected thereat shall enter upon their duties on the first Monday of January following. In order to provide properly for municipal elections, the Alcalde, during the first five days of the month next preceding the month in which any general election is to be held, shall prepare and cause to be posted, a proclamation in triplicate, specifying the place where and the hours during which the election shall be held, and notifying all persons, qualified as electors, to appear before the Municipal Secretary during the first fifteen days of the month in which the proclamation is dated, for the purpose of taking the elector's oath. It shall be the duty of the Secretary, and he is empowered, to administer the oaths, but without fee. One of the copies of the proclamation shall be posted at the door of the municipal building and the other two at other public and conspicuous places within the town. Between the 15th and 20th days of the month the Alcalde shall prepare from the oaths thus taken, in duplicate, and cause to be posted, as hereinbefore prescribed, the lists of the qualified electors, alphabetically arranged according to surnames, and shall accompany such lists with a notice specifying a term of five days prior to the election, in which any qualified elector may demand his enrollment in said list or the exclusion therefrom of the name of any person not having the right to vote, which demand shall be made to the Alcalde, and shall be determined by the Alcalde, the Municipal Lieutenant and the Attorney sitting as a Board for the purpose. Special elections shall be held on the fourth Tuesday succeeding the call for the same; the calling and holding

Page  362 362 LOCAL GOVERNMENT IN THE PHILIPPINES of such elections shall conform in all respects, as nearly as may be, to the requirements of this order. ART. 9. Municipal elections shall be held in the house of the municipality, and shall be presided over by a board of election judges consisting of three qualified electors not holding municipal office nor being candidates therefor, who, together with two tellers, possessing like qualifications, shall be designated in writing prior to the day of election, by a majority vote of a Board consisting of those members of the Municipal Council who have the longest unexpired terms of office. The senior member of the Board of Judges shall act as its chairman. In case of the absence at the election of any member of the Board of Judges or of a teller, or their disqualification at any stage of the election, the vacancy or vacancies shall. be immediately filled by a majority vote of the entire number of the remaining election judges and tellers. ART. 10. The election shall be by secret ballot; each ballot shall contain the names of the persons voted for and the offices for which they are respectively proposed. No person shall be deemed elected to any office unless he shall haVe received a plurality of the votes cast for said office. ART. 11. Immediately after the close of the election, the ballots shall be canvassed by the Board and a certificate of the result of the polling shall be. prepared, in duplicate, and signed by the members of the Board and by the tellers. Duplicates containing the additional statement that a term of three days is granted in which any resident.f the town can present to the Board, or to the chairman thereof, in writing, such objections as he may deem just and legal against those declared elected, shall be prepared by the Board and posted, one on the door of the Municipal building and the other in the square or market place of the town. On the day following said term of three days, a duplicate of the election certificate with the original electors' oaths and the objections made, if any, shall 'be sent by the chairman of the Board to the Governor of the Province. If the Governor find the election legal, he shall, within three days after the receipt of said documents, direct the newly elected officers to qualify and enter upon their duties on the day fixed by this order. If upon examining the aforesaid documents, the Governor determines that 'there has been an illegality committed in said election, af'fectiig the validity thereof, in 'whole or in part, he may

Page  363 GENERAL ORDERS No. 40 363 order a special election to fill the offices affected, or take such other and further action as he may deem expedient. ART. 12. In case of the absence of the Alcalde, or temporary inability to discharge his duties, the Municipal Lieutenant shall assume his office. In like manner tbe Municipal Attorney will substitute the Municipal Lieutenant. In case of a vacancy in the office of Alcalde, the Provincial Governor shall appoint a successor. A vacancy in the office of Municipal Lieutenant or among the Councilors, will be filled by the Municipal Council from among the residents of the town having the qualifications specified in Art. 13. Persons thus substituted as Alcalde, Municipal Lieutenant or Councilor shall serve only for the unexpired term for which selected and until their successors have been chosen. CHAPTER THREE. OFFICERS.-THEIR QUALIFICATIONS AND DUTIES. ART. 13. An Alcalde, Municipal Lieutenant or Councilor must have the following qualifications: 1. He must be a duly qualified elector of the municipality in which he is a candidate, of twenty-six years of age or over, and have had a legal residence therein for. at least one year prior to the date of election. 2. He must correctly speak, read and write either the English language or the local dialect. ART. 14. In no case can there be elected or appointed to municipal office, ecclesiastics, soldiers in active service, persons receiving salary from municipal, provincial or Government funds; debtors to said funds, whatever the class of said funds; contractors of public works and their bondsmen; clerks.and functionaries of the administration or government while in said capacity; bankrupts until discharged, or insane or feeble-minded persons. ART. 15. Each and every person elected or appointed to a municipal office under the provisions of this order shall, before entering upon the duties thereof, take and subscribe before the Alcalde or Town Secretary the following oath of office: OATH OF OFFICE. I..................... having. been.................. as................ of the M unicipio of.................... in

Page  364 364 LOCAL GOVERNMENT IN THE PHILIPPINES the Province of.............. do solemnly swear that I have the prescribed qualifications to hold office in said town; that I recognize and accept the supreme authority of the United States of America and will maintain true faith and allegiance thereto; that I will obey the laws, legal orders, and decrees promulgated by its duly constituted authorities; that I impose upon myself this obligation voluntarily without mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter. So help me God. (Signature of officer.) Subscribed and sworn to (or affirmed) before me this......... day of.................. 19.... (Signature of Alcalde or Municipal Secretary.) ART. 16. Every municipal officer charged with the duty of collecting taxes and the custody of municipal funds, shall, before entering upon the duties of his office, execute a bond, with good and sufficient sureties to be approved by the Alcalde, payable to the town, in such penal sum as may be directed by ordinance or resolution, conditioned for the faithful performance of the duties of the office and the payment of all moneys received by such officers for and in behalf of said town. The bond of the Treasurer shall be fixed at a sum not less than the estimated amount of the aggregate taxes for the current year. ART. 17. The Alcalde shall be the Chief Executive of the town, and is empowered to delegate to the Municipal Lieutenant the performance of subordinate administrative duties. ART. 18. The Alcalde shall preside at all meetings of the Municipal Council, but shall not vote except in case of a tie, when he shall 'give the casting vote. ART. 19. The Alcalde has power: 1. To appoint, by and with consent of the Council. all non-elective municipal officers and employees that may be provided for by law or ordinance, and at any time, for cause, to suspend or discharge the same. 2. To cause the ordinances of the town to be executed; to supervise the discharge of official duties by all subordinates; and to perform all other duties which may be prescribed by ordinance or law. 3. To recommend to the Municipal Council, at any time, such measures connected with the public health, cleanliness or ornament of the town, or with the improvement of the government and finance thereof, as he may deem expedient.

Page  365 GENERAL ORDERS No. 40 36> 4. To approve ordinances adopted by the Municipal Council, such approval being necessary to the validity of the ordinance. 5. To issue orders relative to the city or rural police or to public safety, or for the purpose of avoiding conflagrations, floods, and the effects of storms or other public calamities. 6. To draw warrants on the town treasury for legitimate payments authorized by the Council. 7. To exact the punctual payment of taxes. 8. With the assistance of the Municipal Attorney, one Councilor, and one Secretary, to hold such public auctions as may be authorized by the Municipal Council, and to preside thereat. 9. After due trial, in which the accused and his witnesses shall be heard, to punish violations of municipal ordinances and regulations, either by admonition, disciplinary punishment, or fine and imprisonment, as provided in Par. 14 of Art. 33; Provided, that the jurisdiction conferred by this paragraph may, at the discretion of the Alcalde, and upon his authorization in writing, be exercised by the Municipal Lieutenant. Such fines shall be naid in coin and shall be covered into the town treasury by the Alcalde. 10. To examine and inspect the books, records, and papers of any officer or agent employed by the town. 11. To sign the journals of the Municipal Council. ART. 20. The office of the Municipal Attorney shall be filled by a lawyer, if there shall be one in the municipality, or, in default of a lawyer, by the person best qualified for the office. He shall be the regulation substitute of the Municipal Lieutenant, and must attend to all suits and matters and things in which the town may be legally interested; and must give his advice or opinion in writing whenever required by the Alcalde or Municipal Council. He shall act as censor of the minutes of the sessions of the Municipal Council and all other documents drafted or decreed by the municipality. He shall attend all sessions of the Council, but shall have no vote therein. He shall also do and perform all such things touching his office as may be required by ordinance or by the Council. ART. 21. The Municipal Secretary shall keep his office at the place of meeting of the Municipal Council, or

Page  366 366 LOCAL GOVERNMENT IN THE PHILIPPINES at some place convenient thereto, as the Council may direct. He is clerk of the Municipal Council, whose meetings it shall be his duty to attend, and he must keep the journal of the proceedings thereof, and all records and acts of the town, and must countersign all warrants ordered by the Council to be drawn on the town treasury, and do such other things as the Municipal Council may by ordinance provide. ART. 22. The Treasurer shall receive all moneys that come to the town from any sources, keep a detailed account thereof and pay the same out only on the' 6rder of the Council upon the warrant of the Alcalde, cotlntersigned by the Secretary, and do and perform all such other acts as are prescribed for him by ordinance. He must, on the first day of each month, make out and present to the Alcalde a full and complete statement of the receipts and expenditures of the preceding month, copies of which statement the Alcalde must cause to be posted in at Ieast two public and conspicuous places within the town. ART. 23., The Treasurer shall give to every person paying money to the town treasury a receipt therefor, witnessed by at least one disinterested person, specifying the date of payment, and upon what account paid; and he shall immediately file a duplicate of said receipt with the Alcalde. ART. 24. All warrants for the payment of money shall be paid in the order in which they shall be presented and the Treasurer shall note on the back of each warrant presented to him the date of such presentation, and, when payment is made, the date of such payment; Provided, that any such warrant shall be paid by the Treasurer upon the presentation, in case a sufficient amount of money shall remain in the treasury to pay all warrants previously issued. ART. 25. The Treasurer shall keep all moneys belonging to the towns, separate and distinct from his own money; nor shall he be permitted to make profit out of public money, or use the same for any purpose not authorized by Iaw. ART. 26. Thb duties, powers and privileges of officers in any, way connected with the 'town Government not herein prescribed, shall be defined by the Municipal Council, and the. defining by this order of the duties of town officers shall not preclude the Municipal Council

Page  367 GENERAL ORDERS No. 4Q 367 from defining by ordinance, further and additional duties to be performed by any such officer. ART. 27. The offices of the Municipal Lieutenant and Councilor are honorary and gratuitous. The offices of the Alcalde, Municipal Attorney and Municipal Treasurer shall be compensated, the salaries being fixed, as in the case of other compensated Municipal offices, by the Council; as the resources of the corporation will justify, but shall not exceed in case of corporations of the first class, for Alcalde, 1,200 pesos, for Municipal Attorney, 1,000 pesos, and Municipal Treasurer, 800 pesos; for other class of corporations the salaries for these offices shall not exceed, for those of the second class, 1,000, 800 and 600 pesos respectively; for those of the third class, 800, 600 and 400 pesos, respectively, and for those of the fourth class, 600, 400 and 200 pesos respectively. The salary of the Alcalde, during the period he is substituted by the Municipal Lieutenant, shall be drawn by the latter. The discharge of the duties of Alcalde, Municipal Lieutenant and Councilor is obligatory for the term of two years, and no exemption shall be admitted unless claimed before election and mentioned in this order. A second re-election to any municipal office is prohibited except after two years. ART. 28. The following persons may be excused from discharging the duties of Alcalde, Lieutenant and Councilor upon written demand made to the Municipal Secretary prior to the date of election: 1. Those who are or shall be over 62 years of age at date of election. 2. Those physically disabled. 3. Those who have discharged the same duties for two previous terms. ART. 29. The term of office of all appointive officers shall be until the end of the term of the Alcalde appointing them, unless sooner removed, as provided in this order. ART. 30. Every officer of the municipality shall, at the expiration of his term, deliver to his successor in office, all properties, books and effects of every description in his possession belonging to the town or pertaining to the said office. Upon his refusal to do he shall be liable for all damages caused thereby and to such penalties as may be by ordinance prescribed.

Page  368 ;688 LOCAL GOVERNMENT IN THE PHILIPPINES ART. 31. No officer shall be directly or indirectly interested in any contract, work, or business of the municipality, nor in the purchase of any real estate or any other property belonging to the Corporation. ART. 32. If any town officer, at any time during his term of office, shall remove his residence from the limits of the municipality, his office shall thereby become vacant. CHAPTER FOUR. THE MUNICIPAL COUNCIL. ART. 33. The Municipal Council has power: 1. To create the offices of Municipal Attorney, Treasurer, Secretary, and such other offices as may be necessary, and to prescribe their duties. 2. To establish and fix the salaries of town officers and employees and also to prescribe official fees when allowed by law, causing a list of the same to be posted in like manner with ordinances, subject to the limitations expressed in Article 40. 3. To manage the finances and property of the town. 4. To regulate the streets, sidewalks, wharfs and piers in the town, and the use thereof, and to prevent and remove obstacles and encroachments upon the same. 5. To establish or authorize slaughter houses and markets, and regulate the same. 6. To provide for lighting, sprinkling and cleaning the town. 7. To provide for licensing every business not prohibited by law and to fix the amount of license tax for the same. 8. To regulate the keeping and use of animals. 9. To suppress games of chance, gambling houses, disorderly houses, nuisances of every description, and all kinds of vice and immorality. 10. To prohibit the burial of the dead within the town except in such places and in such manner as the Council may determine. 11. To establish and regulate a police department, and maintain and regulate municipal prisons. 12. To establish and regulate a fire department. 13. To establish and maintain schools.

Page  369 GENERAL ORDERS No. 40 369 14. To impose penalties for violation of ordinances; but no single penalty must exceed a fine of 125 pesetas or imprisonment for fifteen days, or both; imprisonment shall be imposed in lieu of unpaid fines at the rate of one day's imprisonment for each peso of the fine. 15. To require any land or building to be cleansed at the expense of the owner or occupant, and upon their default, to have the work done and to assess the expense upon the land and building. 16. To adopt measures to prevent the introduction and spreading of disease. 17. To levy and collect taxes as hereinafter provided. 18. To establish, alter, extend, grade, pave, or otherwise improve streets, alleys, sidewalks or public grounds, and to vacate the same. 19. To make appropriations for lawful town expenditures. 20. To make such provisions for the care of the poor and the sick as it may deem necessary. 21. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the town; Provided, that the express authorization of the Governor of the Islands shall be necessary to alienate or constitute any lien upon any real property of the town. 22. To erect all needful buildings for the use of the town. 23. To construct and maintain waterworks for the purpose of supplying the inhabitants with water; and to control the water and water courses within the town. 24. To regulate and prevent the throwing or depositing of dirt, garbage or any offensive matter in any street, alley, park or public ground. 25. To regulate the numbering of houses and lots. 26. To name streets, avenues and other public places and to change the names thereof. 27. To construct and keep in repair bridges and viaducts and to regulate the use thereof. 28. To construct and keep in repair public drains, sewers and cess pools, and to regulate the construction and use of private plumbing, sewers, drains and cess pools. 29. To license and regulate the manufacturing, sell

Page  370 370 LOCAL GOVERNMENT IN THE PHILIPPINES ing, giving away or disposing in any manner of any intoxicating malt, vinous, mixed or fermented liquor, and to determine the amount to be paid for such licenses. 30. To prohibit and punish the keeping or visiting of any place where opium is smoked or sold for the purpose of smoking. 31. To provide for and regulate the inspection of meats, fruits, poultry, milk, fish, vegetables and all other provisions. 32. To provide for the inspection and sealing of weights and measures, and to enforce the keeping of the proper weights and measures by vendors. 33. To prevent intoxication, fighting, gambling and all disorderly conduct; to restrain riots, disturbances or disorderly assemblies. 34. To arrest, fine or set to work on the streets or elsewhere, all vagrants and persons found in the town without visible means of support or some legitimate business. 35. To provide for the punishment of mendicants, common prostitutes, or habitual disturbers of the peace. 36. To prohibit cruelty to animals. 37. To regulate the establishment and to provide for the inspection of steam boilers. 38. To regulate or prohibit the running at large of animals within the limits of the town. 39. To license, tax, regulate or prohibit the keeping of dogs, and authorize the destruction of the same, when at large contrary to ordinance. 40. In its discretion to divide the town into districts for taxation and administrative purposes, and to appoint one or more Councilors for the inspection and supervision of the same. 41. To establish a post-office and provide for the collection and delivery of mails; but such regulations must be in harmony with the postal service and rules established by the General Government. 42. To make such ordinances and regulations, not repugnant to law, as may be necessary to carry into effect and discharge the powers and duties conferred by this order, and such as shall seem necessary and proper to provide for the health and safety, promote the prosperity,

Page  371 GENERAL ORDERS No. 40 371 improve the morals, peace, good order, comfort and convenience of the town and the inhabitants thereof and for the protection of property therein; and to enforce obedience thereto with such lawful fines or penalties as the Municipal Council may prescribe under the provisions of sub-division 14 of this Article. ART. 34. The Municipal Council shall, at the beginning of each year, by a majority vote of the entire Council, resolve itself into committees to take charge of the police, health, plantations, irrigation, live stock, public works, roads, schools, and other municipal affairs. ART. 35. The majority of the council elected shall constitute a quorum to do business, but a smaller number may adjourn from time to time and may compel the attendance of absentees under such penalties as may be prescribed by ordinance. ART. 36. The Municipal Council shall prescribe the time and place of holding its metings; Provided, that at least one meeting shall be held each week. The Alcalde or any two members of the Council may call a special meeting by giving a written notice of it to each of the members of the Council, which notice shall be served personally or left at his usual place of abode. ART. 37. The sessions or meetings of the Municipal Council shall be public, and the person presiding has authority to exact from all present due respect and proper deportment, to prevent disturbances and disorder, and to order the room cleared of any or all present who give reason for such action by improper behavior. The Council may decide to hold sessions with closed doors if the nature of the business in hand requires such action. ART. 38. The Municipal Council shall determine its own rules of procedure, punish its members for disorderly conduct, and, with the concurrence of two-thirds of the members, the Council may suspend or expel a member for cause. ART. 39. The Council shall keep a journal of its own proceedings. The ayes and nays shall be taken upon the passage of all ordinances and all propositions to create any liability against the town, or at the request of any member, and shall be entered upon the journal. The concurrence of the majority of the members of the Municipal Council shall be necessary to the passage of any ordinance or of any proposition creating indebtedness; other meas

Page  372 372 LOCAL GOVERNMENT IN THE PHILIPPINES ures, except as otherwise specially provided in this order or by due authority, shall prevail upon the majority vote of the members present at any meeting duly called and held. ART. 40. All ordinances, before taking effect, shall be posted within the town in at least two public places and shall go into effect on the tenth day after posting the same, unless the ordinance shall provide that it shall take effect at an earlier or later date; Provided, that no ordinance creating a municipal office or prescribing the compensation thereof shall take effect until it has been approved by the Provincial Governor. ART. 41. Questions which may arise relative to the constitution or attributes of the municipal government shall be submitted to the Military Governor for decision through the Provincial Governor, with the recommendations of the latter. CHAPTER FIVE TAXATION AND FINANCES ART. 42. The revenues of the towns, which shall be devoted exclusively to local public purposes, shall be derived from the following sources: 1. Fisheries. 2. Certificates of ownership of large cattle. 3. Certificates of transfers of title. 4. Rents and profits from city and country property belonging to the town. 5. Billiard tables. 6. Theatrical performances and horse races. 7. Markets. 8. Slaughter houses. 9. Toll-bridges, ferries and fords. 10. Stabling of animals. 11. Tax for lighting and cleaning. 12. Municipal fines. 13. Bathing establishments in public waters. 14. Professional or special institutions of instruction. 15. Licenses to erect buildings, and other licenses alloted to municipalities by law. 16, Public carriages and those used in funerals, and

Page  373 GENERAL ORDERS No. 40 carts used for the transportation of freight, within the limits of the towns. 17. Issuing of certified copies of resolutions or of documents on file in the municipal archives. 18. The sale of spirituous or fermented drinks, either in permanent establishments, by peddlers, or by manufacturers thereof. 19. Cafes, restaurants, hotels, inns, lodging houses and other similar establishments. 20. The stamping and restamping of weights and measures. 21. Carriages, carts and horses. 22. Municipal cemeteries. 23. Road or street tax. 24. Other taxes which may be imposed, according to the requirements and conditions of each town. 25. A general division among all residents and property owners in proportion to the means and resources of each, to cover the expenses of the service of the municipality or of such part thereof as is not provided for by receipts from the preceding sources. ART. 43. Rates of taxation imposed by the Municipal Council upon industries paying industrial taxes to the General Government, shall not exceed 25 per cent. of such industrial taxes. ART. 44. Rates of taxation shall be fixed by ordinance and may be changed from time to time as the Council may deem proper, but ordinances imposing taxes under subdivisions 24 and 25 of Art. 42, or changes therein, before taking effect, shall be submitted to the Governor of the Islands for his action through the Provincial Governor with the recommendations of the latter. In levying taxes the Council shall endeavor to provide for sufficient revenue to cover the estimated annual expenses of the town. ART. 45. During the month of January of each year the Council shall cause to be made a report giving: 1. An inventory of all buildings, lands and other property real and personal, belonging to the municipality. 2. An itemized estimate of the revenues of the town

Page  374 374 LOCAL GOVERNMENT IN THE PHILIPPINES from all sources during the current year, with a statement opposite each item of the amount realized from that source during the last preceding year. Such report, when approved, shall be attested by the Alcalde and Town Secretary and shall be forwarded in duplicate to the Governor of the Province for his action. If approved by the latter he shall forward one of the copies with his approval endorsed thereon to the Alcalde to serve as a guide to the municipality in the administration of the finances of the town. Any increase in expenditures beyond the amounts thus estimated and approved will be understood to be illegitimate and cannot be approved if the total amount of the same should exceed the resources. ART. 46. Taxes and imposts shall not be leased by the Municipal Council, but shall be collected by municipal employees, or in such other manner as the Council may determine. ART. 47. The Alcalde shall take measures to compel the payment of delinquent taxes and may make use of judicial compulsion when necessary, following the mode of procedure provided in such cases by the General Government of the Islands. ART. 48. When taxes are paid directly to the Treasurer he shall receipt therefor as provided in Article 23. When collected by any other duly authorized person, the latter shall give the taxpayer a receipt signed by the Treasurer and by himself. The Treasurer shall retain a duplicate of all such receipts issued by him to collectors, so as to verify collections reported by the latter. Collectors will turn over to the Treasurer, once each week, all amounts received by them during the week, with an itemized statement of the persons collected from and the respective amounts received. The Treasurer will receipt to the collectors for the amounts thus turned over, as provided in Art. 23. ART. 49. At the termination of the period of collection, the person in charge of the same will return to the Municipal Council an account of those taxes that could not be collected, and the collector will not be held liable for the uncollected portion unless because of negligence or bad faith on his part. ART. 50. Taxation shall be uniform and just. Persons deeming themselves injured by any tax levy may pro

Page  375 GENERAL ORDERS No. 40 376 test to the Council, whose duty it shall be to consider and determine such protests at once. Should the protest be disregarded, the protestant may appeal in writing to the Provincial Governor through the Alcalde; the latter shall note upon the appeal papers the action taken by the Council. ART. 51. A public improvement deemed necessary by the municipal authorities, not exceeding 2,000 pesos in cost, may be made by the Council with the prior approval of the Provincial Governor. If the estimated cost should exceed that sum, the proposed expenditure will be submitted to the Governor of the Islands for his action by the Provincial Governor, with the recommendation of the latter. Should any such improvement prove to be more expensive than estimated and approved, that fact. as soon as ascertained, will be reported to the Provincial Governor for his action. No improvement will be authorized which cannot be paid for from the ordinary revenues of the town, or from some extraordinary tax duly proposed and approved. ART. 52. The Treasurer, during the month of January of each year, shall prepare itemized statements of the income and disbursements for the preceding calendar year. The latter shall be duly verified and submitted to the Council, which shall carefully audit the same, comparing the statement of income with the duplicate receipts in the hands of the Alcalde, and the statement of disbursements with the warrants in the hands of the Treasurer. If, after this and further examination as the Council may desire to make, the statements are found to be correct, they will be attested by the members of the Council. Should any member not be in favor of approving the statements or any item therein, he will endorse his disapproval in writing thereon, mentioning the items objected to and the reasons therefor. Certified copies of the statement, with the signatures thereto and endorsements thereon, shall at once be forwarded to the Provincial Governor. CHAPTER SIX THE PROVINCIAL GOVERNOR.-DUTIES AND POWERS IN RELATION TO THE TOWNS ART. 53. The Governor of the Province shall be exofficio President of all Municipal Councils within the

Page  376 376 LOCAL GOVERNMENT IN THE PHILIPPINES province and shall have general supervisory charge of the municipal affairs of the several towns and cities therein organized under the provisions of this order, and in his said supervisory capacity may inspect or cause to be inspected, at such times as he may determine, the administration of municipal affairs and each and every department thereof, and may hear and determine all appeals against the acts of Municipal Corporations or their officers. He, or those whom he may designate in writing for that duty, shall at all times have free access to all records, books, papers, moneys, and property of the several towns and cities of the province, and may call upon the officers thereof for an accounting of the receipts and expenditures, or for a general or special report of the official acts of the several Municipal Councils, or of any and every of them, or of any and every of the officers thereof, at any time, and as often as he may consider necessary to inform himself of the state of the finances or of the administration of municipal affairs; and such requests when made, must be complied with without excuse, pretext or delay. He may suspend or remove municipal officers, either individually or collectively, for cause, and appoint substitutes therefor permanently, for the time being or pending the next general election, or may call a special election to fill the vacancy or vacancies caused by such supension or removal, reporting the cause thereof with a full statement of his action in the premises to the Governor of the Islands without delay. He shall forward all questions or disputes that may arise over the boundaries or jurisdictional limits of the city, towns or municipalities to the Governor of the Islands for final determination, together with full report and recommendations relative to the same. He may, with the approval of the Governor of the Islands authorize the cities and towns to form among themselves associations or communities for determined ends, such as the construction of public works, the creation and foundation of beneficent, charitable or educational institutions, for the better encouragement of public interests or the use of communal property. CHAPTER SEVEN PROVISIONAL ARTICLES ART. 54. It shall be the duty of commanding officers of military districts, immediately after the publication of this order, to recommend to the office of the Military Governor in which towns within their commands municipal

Page  377 GENERAL ORDERS No. 40 377 4 governments shall be established, and upon approval of recommendations, either personally or through subordinate commanders designated by them, to issue and cause to be posted proclamations calling elections therein. Such proclamations shall fix the time and place of election and shall designate three residents of the town who shall be charged with the duty of administering elector's oaths. of preparing, publishing and correcting, within specified dates, a list of electors having the qualifications hereinbefore set forth, and of presiding at and making a due return of the election thus appointed. The proclamation shall specify the offices to be filled; and, in order to determine the number of Councilors, the commanders charged with calling the election shall determine from the best available evidence the class to which the town belongs as hereinbefore defined; the classification thus made shall govern until the taking of an official census. The first Alcaldes appointed under the provisions of this order shall take and subscribe the oath of office before the commanding officer of the Military District or some person in the several towns designated by said commanding officer for the said purpose; whereupon the Alcalde so sworn shall administer the said oath of office to all the other officers of the municipio there elected and afterwards appointed. The election returns shall be canvassed by the authority issuing the election proclamation, and the officers elected shall assume their duties on a date to be specified by him in orders. ART. 55.-Until the appointment of Governors of Provinces, their duties under this order will be performed by the commanding officers of the Military Districts. They may, by designation, confer on subordinate commanding officers of sub-divisions or of other prescribed territorial limits of their commands the supervisory duties herein enumerated and a subordinate commander so designated shall perform all and every of the duties herein prescribed for the superior commanding officer. ART. 56.-For the time being the provisions of this order requiring that Alcaldes be elected, in all cases shall be so far modified as to permit the commanding officers of Military Districts in their discretion either to appoint such officers or to have them elected as hereinbefore prescribed. The term of office of Alcaldes, appointed under this authority shall be the same as if they had been elected;

Page  378 `78 LOCAL GOVERNMENT IN TIlE PHILIPPINES at the expiration of such term the office shall be filled by election or appointment. ART. 57.-The governments of towns organized under General Order, No. 43, Headquarters Department of the Pacific and Eighth Army Corps, series 1899, will continue in the exercise of their functions as therein defined and set forth until such time as municipal governments therefor have been organized and are in operation under this order. BY COMMAND OF MAJOR GENERAL OTIS: THOMAS H. BARRY, Assistant Adjutant General.

Page  379 APPENDIX H THE ARMY AND THE PEOPLE' In order to put the provincial governments on a strictly civil basis, General Chaffee, commanding general of the division, issued the following general order: GENERAL ORDERS HEADQUARTERS DIVISION OF THE No. 179. PHILIPPINES Manila, P. I., July 20, 1901. I. The following-named provinces, Benguet, Pangasinan, Bataan, Tayabas, Romblon, Oriental Negros, Antique, Leyte, Ambos Camarines, Marinduque, Cavite, Surigao, Pampanga, Tarlac, Bulacan, Masbate, Occidental Negros, Iloilo, Capiz, Albay, Sorsogon, Rizal, Nueva Ecija, Misamis, having been designated by the United States Philippine Commission as fully organized by legislative acts and as being in such a satisfactory state of pacification and sufficiently well advanced in all details of civil administration as to warrant passing under the civil executive jurisdiction of the civil governor it is ordered: That wherever municipal police are organized and, except as prescribed in paragraph 2 of this order, all United States troops at the several camps located within the territorial limits of the provinces named abstain from any and all attempts at coercion, control, influence, or interference with the administration of civil affairs. The troops will at once be put under an efficient state of discipline and instruction to the end that no disorder may be charged to their account or annoyance caused the civil administration by reason of their presence. The conduct of the troops should facilitate rather than retard the maintenance of order, and all military persons will by their example show proper respect for civil administration and for all civil officers. At all camps where the municipal police has not been 1 Report of the Philippine Commission (1901), Part 1, pp. 13-15. 379

Page  380 380 LOCAL GOVERNMENT IN THE PHILIPPINES organized the troops will continue to preserve order as heretofore, until such time as the organization of a municipal police is effected, upon the accomplishment of which the foregoing general instructions to troops will obtain. II. As a rule, interference by the military in civil affairs will correspond to the well known procedure in the United States. When, under an emergency, the civil governor of the Philippine Islands shall make a request upon the commanding general of the Division of the Philippines for the assistance of troops, the latter will be governed by such instructions as they may receive from these headquarters. When disturbances beyond the control of the local municipal police arise in remote provinces, not within telegraphic communication, namely, in the provinces of Surigao, Masbate, Marinduque, and Romblon, the senior military officer on duty in the province is authorized to render needful assistance to the civil authority upon written or telegraphic request of the provincial civil governor. In this connection the attention of all officers is invited to the general regulations governing such duty as outlined in Article LII, paragraph 486-491, inclusive, Army Regulations. In case where the assistance of the military arm has been asked for full report of the fact with attending circumstances, action taken, and result thereof, will be promptly submitted through regular military channels. III. In the provinces of Batangas, Cebu, and Bohol all civil courts now in operation will be permitted to discharge their functions in all cases of citizen versus citizen or civil official versus citizen or vice versa; the military taking over jurisdiction in all cases where it is charged by a military officer that a party is ginving information or rendering assistance to person or persons engaged directly or indirectly in insurrection; for assassination or attempt at assassination of person or persons engaged or employed in the military service; for murder or attempt at murder of citizens because of service rendered or supposed to have been rendered to troops in any manner whatsoever, either voluntarily or under compulsion. Military jurisdiction will also attach directly in cases of all disorders in places not actually the residence of a civil judge and trial by provost courts will obtain in such places. At place of residence of the civil court, disorderly persons, if arrested

Page  381 GENERAL ORDERS No. 179 381 by the military, will be placed under control of the civil court. The writ of habeas corpus having been suspended by an act of the Philippine Commission within the provinces and sections above mentioned in this paragraph, prisoners in custody by military authority are lawfully detained and the reasons therefor may not be demanded by any civil judge. IV. Officers responsible for revolvers, shotguns, ammunition and equipments therefor, the property of the United States, now in use by municipal police, shall obtain from the presidente of each municipality receipts therefor in quadruplicate, one to be retained by the officer and three forwarded to these headquarters for disposition as follows: (1) To the civil governor, (2) to the chief ordnance officer in the division. Upon obtaining these receipts from the various presidentes the officer responsible for the property will invoice it to the chief ordnance officer of the division, who is directed to receipt therefor. The chief ordnance officer will then present to the civil governor of the islands. through these headquarters, a bill for the cost price of the foregoing arms and equipments which, when paid for. Awill become the property of the insular government as a means of arming their municipal police. V. In Jolo, Tawi Tawi, Zamboanga, Cotabato, Davao, Dapitan, Paragua and Mindoro, where provincial civil government has not been established but where civil courts have been instituted, commanding officers, upon?vritton request of the court, may detail an intelligent noncommissioned officer or private to serve and execute written processes issuing therefrom. VI. In unorganized territory, also in organized provinces, or parts thereof under military jurisdiction, collectors of customs, inspectors of customs, and collectors of internal revenue will discharge their duties as insular officers, reporting direct and making direct return to the civil government, and it should be understood by all commanding officers that the foregoing civil officials perform their functions under the direction of the civil executive jurisdiction of the civil governor. VII. Commanding officers of all military stations will report at once, through proper military channels, when the municipal organization of the towns in which

Page  382 382 LOCAL GOVERNMENT IN THE PHILIPPINES they are located (within their commands) is complete, giving the number of police, their rank, etc., and how they are armed. VIII. Under the orders of the President as contained in the Executive order of June 21, 1901, all territory in the Philippine Islands not fully organized for civil government and formally transferred to the civil government will remain under military control, and its civil affairs will be administered as heretofore through the executive authority vested in the military governor. IX. The restoration of organized provinces to civil control and the extension of civil government to territory still remaining under military control will, for the information of all concerned, be announced from time to time in general orders from these headquarters. X. In connection with the foregoing, the following act of the United States Philippine Commission is published: [Act No. 173] AN ACT restoring the provinces of Batangas, Cebu, and Bohol to the executive control of the military governor. By authority of the President of the United States, be it enacted by the United States Philippine Commission, That: Whereas in the provinces of Batangas, Cebu, and Bohol, which have been organized as provinces under the provincial government act, armed insurrection continues, and in the opinion of the commission it will facilitate the pacification of these provinces to remove them from the executive control of the civil governor and to put them under the executive control of the military governor. SECTION 1. The provincial and municipal officers of the provinces of Batangas, Cebu, and Bohol shall report to the military governor, and the military governor shall have the power to remove them and appoint others in their places, anything in the provincial act, the special acts organizing said provinces, or the municipal code to the contrary notwithstanding. SEC. 2. In case of military necessity, the military governor shall have the power to suspend the operation of any part of the laws of the commission applicable to the government of the provinces above named, and to substitute therefor, temporarily, general orders having the effect of law. SEC. 3.-The writ of habeas corpus in the civil courts of the three provinces named shall not issue therefrom for the release of prisoners detained by order of the military governor or his duly authorized military subordinates. SEC. 4. The courts established by the commission in the three provinces above named shall continue to discharge their ordinary functions, civil and criminal, provided that the military governor is empowered to provide for the trial of ordinary crimes and misde

Page  383 GENERAL ORDERS No. 179 38) meanors by military commissions and provost courts, and to designate what of the ordinary crimes and misdemeanors shall be tried before such commissions or provost courts, and what crimes, if any, shall be tried in the civil courts. SEC. 5. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section 2 of "An act prescribing the order of procedure by the commission in the enactment of laws," passed September 26, 1900. SEC. 6. This act shall take effect on its passage. Enacted, July 17, 1901. BY COMMAND OF MAJOR-GENERAL CHAFFEE: W. P. HALL, A.4si.stant Adjutant-General.

Page  384 APPENDIX I THE PROVINCIAL LAW fBeing Chapter 56 of the Administrative Code of Iil17.1 PREI,MINARY ARTICLE.-Tifle of chlptc'r. SEc. 2065. Title of chapter. ARTICLE I.-General pror isions. SEC. 2066. Territorial application of Titles VIII and IX. SEc. 2067. Corporate character and powers of provinces. SEC. 2068. Execution of deeds and contracts. ARTICLE II.-Prov'incial offices and officers in gencral. SEC. 2069. Chief officials of provincial government. SIc. 2070. General qualification for provincial office. SEc. 2071. Qualifications of elective provincial officer. SEC. 2072. Appointive provincial officer required to reside at provincial capital. SEC. 2073. Permission for official to absent himself from province. SEc. 2074. Term of office of elective official. SEC. 2075. Vacancy in elective provincial office. SEC. 2076. Temporary designation of provincial officer. SEC. 2077. Compensation for person appointed to temporary service. SEC. 2078. Suspension and removal of provincial officer by Governor-General. SEC. 2079. Payment of salary accruing pending suspension. SEC. 2080. Oath of office. SEC. 2081. Employment of subordinates. ARTICLE III.-Provincial governor. SEC. 2082. Provincial governor as chief executive of province. SEC. 2083. Visitation of municipalities. SEC. 2084. Control of local police by provincial governor. SEC. 2085. Suppression of violence. SEC. 2086. Salaries of provincial governors. SEC. 2087. Annual report. 384

Page  385 THE PROVINCIAL LAW 385 ARTICLE IV.-Provincial Treasurer. SEC. 2088. Provincial Treasurer. SEC. 2089. Functions of provincial treasurer. SEC. 2090. Authority of chief clerk to administer oaths. SEC. 2091. Inspection of books by Auditor-Seizure of office by examining officer. ARTICLE V.-Provincial assessor. SEC. 2092. Provincial assessor. SEC. 2093. Application of Civil Service Law to assessor and deputy assessor. SEC. 2094. Oath of office of assessor and deputy. ARTICLE VI.-Provincial board. SEC. 2095. Composition of provincial board. SEC. 2096. Duties of elective members. SEC. 2097. Compensation of elective members. SEC. 2098. Secretary of provincial board. SEC. 2099. Meetings of the board. SEC. 2100. Minutes of meeting of provincial board. SEC. 2101. Copies of minutes and of executive orders to be supplied to Chief of Executive Bureau. SEC. 2102. Certain duties and powers of the provincial board. SEC. 2103. Decision of controversy as to sufficiency of accomodations for courts. SEC. 2104. Transportation of nonofficial passengers and freight. SEC. 2105. Appropriations and loans. SEC. 2106. Powers to be exercised with approval of Department Head. SEC. 2107. Duty of provincial board to obtain treasurer's opinion on financial matters. SEC. 2108. Convocation of municipal presidents. SEC. 2109. Power to take testimony. ARTICLE VII.-Provincial finance. SEC. 2110. Deposit of surplus funds. SEC. 2111. Provincial general fund. SEC. 2112. Exhibition fund. SEC. 2113. Road and bridge fund. SEC. 2114. Non-Christian inhabitants' fund. SEC. 2115. Road and public works fund. SEC. 2116. Municipal district fund. SEC. 2117. Loan of municipal funds for school purposes. SEC. 2118. Purchase of necessaries for payment of laborers.

Page  386 386 LOCAL GOVERNMENT IN THE PHILIPPINES ARTICLE VIII.-Provincial budget. SEC. 2119. Detailed statement of receipts and expenditures for preceding year. SEC. 2120. Estimate of revenues and receipts for current yearAnnual provincial budget. SEC. 2121. Disbursement of provincial funds-Statement of provincial accounts. SEC. 2122. Restriction upon limit of disbursements. ARTICLE IX.-Provincial schools and aid for provincial stiudents. SEC. 2123. Provincial schools. SEC. 2124. Tuition in provincial schools. SEC. 2125. Tuition of student transferring from home province. SEC. 2126. Maintenance of professional students in City of Manila. SEC. 2127. Conditions antecedent to receiving allowance. SEC. 2128. Conditions and mode of application. SEC. 2129. Examination of contestants. SEC. 2130. Service to be rendered by students. ARTICLE X.-Toll roads, bridges and ferries. SEC. 2131. Provincial toll roads, bridges, and ferries. SEC. 2132. Collection and application of tolls. SEC. 2133. Establishment of toll ferry upon municipal road by action of provincial board. SEC. 2134. Persons exempt from tolls. SEC. 2135. Discontinuance of collection of tolls. ARTICLE XI.-Government of sbtbprovinces in certain pro vi)ces. SEC. 2136. Subprovinces subject to provisions of this article. SEC. 2137. Lieutenant-governor of subprovince. SEC. 2138. Duties of lieutenant-governor. SEC. 2139. Lieutenant-governor as member of provincial board. SEC. 2140. Absence or disability of lieutenant-governor. SEC. 2141. Subprovincial treasury. SEC. 2142. Funds pertaining to subprovince. SEC. 2143. Application of funds of subprovince. PRELIMINARY ARTICLE.-Title of chapter. SEC. 2065. Title of chapter.-This chapter shall be known as the Provincial Law. ARTICLE I.-General provisions. SEC. 2066. Territorial application of Titles VIII andi IX.-This title and the next succeeding title hereof do not apply to the Department of Mindanao and Sulu.

Page  387 THE PROVINCIAL LAW 387 SEC. 2067. Corporate character and powers of provinces.-Each province is a political body corporate, and as such is endowed with powers to be exercised by and through its respective provincial government in conformity with law. Such powers include the following: (a) To have continuous succession in the corporate provincial name; (b) to sue and be sued; (c) to have and use a corporate seal; (d) to acquire and convey real property; (e) to acquire and dispose of personal property; (f) to make contracts for labor and material needed in the construction of duly authorized public works; and (g) to exercise such other rights and incur such other obligations as are expressly authorized by law. SEC. 2068. Execution of deeds and contracts.-When the government of a province is party to a deed or instrument conveying the title of real property, such deed or instrument shall be executed on behalf of said government by the provincial governor, upon resolution of the, provincial board, and with the approval of the Governor-General. ARTICLE II.-Provincial offices and officers in general. SEC. 2069. Chief officials of provincial government. -The chief officials of the provincial government are the provincial governor, the provincial treasurer, and the members of the provincial board. SEC. 2070. General qualification for provincial office.-No person shall be appointed to any provincial office or be eligible thereto unless he is a citizen of the United States or a citizen of the Philippine Islands. SEC. 2071. Qualifications of elective provincial officer. -No person shall be eligible for election to a provincial office unless at the time of the election he is a qualified elector in the province, has been a bona fide resident therein for at least one year prior to the election, is loyal to the United States, and not less than twenty-five years of age. SEC. 2072. Appointive provincial officer required to 'reside at provincial capital.-Nonresidence in the province shall not render the person appointed to a provincial office ineligible; but during incumbency he shall, except as otherwise allowed by law, reside at the capital of the province, and keep office in the provincial government building. SEC. 2073. Permission for official to absent himself from province.-Except as allowed by law, no provincial official engaged in the discharge of continuous duties shall

Page  388 388 LOCAL GOVERNMENT IN THE PHILIPPINES leave the province without obtaining permission so to do from the Department Head. SEC. 2074. Term of office of elective official.-The term of a provincial officer elected at the general election shall begin on the sixteenth of October following such election and shall end on the fifteenth of the same month three years thereafter; but if a successor be not inducted at the time appointed by law, the incumbent shall hold over until a successor shall be duly qualified. SEC. 2075. Vacancy in elective provincial office.When a vacancy shall occur by reason of the death, resignation, or removal of the incumbent in any elective provincial office, the Governor-General shall appoint a suitable person thereto. When an election for a provincial office fails to take place at the time appointed by law or when any such election results in a failure to elect, the Governor-General shall issue as soon as practicable a proclamation calling a special election to fill such office. When a provincial officer-elect dies prior to taking office or is nonconfirmed by the Governor-General, or for any reason fails to qualify, the Governor-General may, in his discretion, either call a special election or fill the place by appointment. In case a special election shall have been called and held and shall have resulted in a failure legally to elect such provincial officer, the Governor-General shall fill the place by appointment. A person appointed or elected to fill a vacancy in an elective provincial office shall hold for the unexpired term and until the qualification of a successor. SEC. 2076. Temporary designation of provincial officer.-Upon the occasion of the absence, illness, suspension, or other temporary disability of a provincial officer, the Governor-General may designate any other provincial officer or employee to perform the duties of the position or he may temporarily appoint thereto some suitable person not in the service. Until the Governor-General shall act, the duties of the provincial governor, in the case contemplated, may be discharged by one of the elective members of the provincial board, the provincial treasurer, or the secretary of the provincial board, according as the one or the other shall have

Page  389 THE PROVINCIAL LAW 389 been thereunto previously authorized or deputed by the provincial governor. When the provincial treasurer or secretary of the provincial board is thus deputed, the authority may be limited to the performance, during the absence of the governor from the provincial capital, of such of his duties as can only be conveniently performed at the capital or it may be limited to the performance of specific acts or classes of acts. Every such delegation of authority shall be in writing and shall be spread upon the minutes of the provincial board. SEC. 2077. Compensation for person appointed to temporary service.-When a person not in the Government service is appointed to fill temporarily the position of a provincial officer, the appointee shall receive during the period of his service compensation equal to that fixed by law for the permanent appointee, to be paid from the provincial treasury as other salaries. In case of the temporary absence or disability of a provincial officer or in case of a vacancy in a provincial office, the Governor-General or officer having the power to fill such position may, in his discretion, order the payment of compensation, or additional compensation, to any Government officer or employee designated or appointed temporarily to fill the place; but the total compensation paid shall not exceed the salary authorized by law for the position filled. SEC. 2078. Suspension and removal of provincial officer by Governor-General.-Should the Governor-General have reason to believe that any provincial officer or any lieutenant governor of a subprovince is guilty of disloyalty, dishonesty, oppression, or misconduct in office, he may suspend him from the discharge of the duties of his office, and, after due notice to the suspended officer, shall investigate the cause of suspension and either remove him from office, or reinstate him, as the circumstances may require. SEC. 2079. Payment of salary accruing pending suspension.-When a provincial officer is suspended he shall receive no salary from and after the date of his suspension, unless so provided in the order of suspension; but upon subsequent reinstatement of the suspended person or upon his exoneration, if death should render reinstatement impossible, any salary so withheld may be paid in whole or in part upon order of the Department Head approved by the Governor-General. SEC. 2080. Oath of office.-The oaths of office of

Page  390 .390 LOCAL GOVERNMENT IN THE PHILIPPINES provincial officers, upon being severally subscribed by them, shall be filed and preserved in the office of the Chief of the Executive Bureau. SEC. 2081. Employment of subordinates.-Subject to regulation by the Chief of the Executive Bureau, the provincial board shall fix the number of assistants, deputies, clerks, and other employees for the various branches of the provincial government and the rates of salary or wage they shall receive. After their number and compensation shall have been thus determined, the provincial governor, treasurer, fiscal, or other provincial official, shall appoint the personnel under their respective control, and except as otherwise specially provided, in conformity with the provisions of the Civil Service Law. ART. III.-Provincial governor. SEC. 2082. Provincial governor as chief executive of province.-The provincial governor shall be elected by the qualified voters of the province, and he shall be the chief executive officer of the provincial government. As such it shall be his duty to exercise, in conformity with law, a genqral supervision over the government of the province and of the municipalities or other political subdivision contained in it and to see that the laws are faithfully executed by all officers therein. He shall make known to the people of the various municipalities and municipal districts of the province, by proclamations or communications delivered to the respective presidents, all general laws or governmental orders which especially concern them. SEC. 2083. Visitation of municipalities.-From time to time and, if practicable, not less frequently than once in every six months, the provincial governor shall visit each municipality and municipal district in his province. Upon such occasion he shall inform himself as to the conditions of local administration and shall advise the authorities in the performance of their duties. He shall also, upon such visitation, receive any complaint that may be made regarding the official conduct of any of the local officials and shall take appropriate action thereon. SEC. 2084. Control of local police by provincial governor.-So far as may be consistent with other provisions of law, the provincial governor shall have control of the

Page  391 TIHE PROVINCIAL LAW 391 police of the various municipalities and municipal districts of the province; and he may, when the public interest requires, temporarily withdraw from the locality in which such police are organized a part thereof for use in another portion of the province. SEC. 2085. Suppression of violence.-Whenever, in the opinion of the governor, the public interests so require, he shall call upon the Provincial Commander or other officer in charge of the Philippine Constabulary in the province to suppress disorder, riot, lawless violence, or rebellious or seditious conspiracy or to apprehend violators of law. Whenever lawless violence or rebellious or seditious conspiracy and disturbance of the public peace shall occur of so formidable a character as to be beyond the power of the local police and the Philippine Constabulary, it shall be the duty of the governor to call upon the Governor-General to request the commanding general to order troops of the Army of the United States to aid the local authorities in suppressing the same. In the provinces between the capitals of which and Manila there is no available telegraphic communication, the governor of the province may in such cases make a direct call for aid upon the nearest military commander, without awaiting the result of an application to the Governor-General and through him to the commanding general. SEC. 2086. Salaries of provincial governors. 1-The 1 The salaries of provincial governors, provincial treasurers, and provincial fiscals, are fixed by Act No. 2829, as amended by Act. No. 3088, which reads as follows: Section. 1. The salaries of the provincial officers shall be adjusted as follows: (a) In provinces that have obtained an average total revenue of three hundred thousand pesos or more per annum for five consecutive years, the provincial governor shall receive six thousand pesos per annum; the provincial treasurer, five thousand four hundred pesos per annum, and the provincial fiscal, five thousand pesos per annum. (b) In provinces that have obtained an average total revenue of two hundred thousand pesos or more per annum, but less than three hundred thousand pesos, for five consecutive years, the provincial governor shall receive five thousand pesos per annum; the provincial treasurer, four thousand eight hundred pesos per annum; and the provincial fiscal, four thousand five hundred pesos per annum; (c) In provinces that have obtained an average total revenue of one hundred and fifty thousand pesos or more per annum, but less than two hundred thousand pesos, for five consecutive years, the provincial governor shall receive four thousand five hundred

Page  392 392 LOCAL GOVERNMENT IN THE PHILIPPINES salaries of the provincial governors of the provinces herein below named shall be paid from the funds of the several respective provinces and in amount shall be as follows: (a) In the Provinces of Albay, Batangas, Bulacan, Cebu, Iloilo, Laguna, Leyte, Nueva Ecija, Occidental Negros, Pampanga, Pangasinan, Rizal, Samar, and Tayabas, six thousand pesos per annum each; (b) In the Provinces of Bohol, Cagayan, CamarineF Sur, Capiz, Ilocos Norte, llocos Sur, Misamis, Oriental Negros, and Tarlac, five thousand pesos per annum each; (c) In the Provinces of Cavite, La Union, and Sorsogon, four thousand five hundred pesos per annum each(d) In the Provinces of Antique, Isabela, and Surigao, four thousand pesos per annum each; (e) In the Provinces of Batanes, Mindoro, Palawan, and Zambales, three thousand two hundred pesos per annum each; (f) In the Provinces of Abra, Bataan, Camarines Norte, Marinduque, Masbate, and Romblon, three thousand pesos per annum each. pesos per annum; the provincial treasurer, four thousand two hundred pesos per annum; and the provincial fiscal, four thousand pesos per annum. (d) In provinces that have obtained an average total revenue of one hundred thousand pesos or more per annum, but less than one hundred and fifty thousand pesos, for five consecutive years, the provincial governor shall receive four thousand pesos per annum; the provincial treasurer, three thousand six hundred pesos per annum, and the provincial fiscal, three thousand five hundred per annum. (e) In provinces that have obtained an average total revenue of less than one hundred thousand pesos per annum for five consecutive years, the provincial governor shall receive three thousand two hundred pesos per annum; the provincial treasurer, three thousand pesos per annum, and the provincial fiscal, two thousand four hundred pesos per annum; Provided, That the Secretary of the Interior may, in his discretion, reduce the scale of salaries herein established for any province the average annual revenue of which during the five consecutive years immediately preceding have been excessively below one hundred thousand pesos. Section. 2. In order to carry out the purposes of this Act, the Secretary of the Interior shall, beginning with the year nineteen hundred and twenty-four, and for each period of five consecutive years after said date, order a readjustment made of the salaries of the provincial officers on the basis of the rules established in this Act; Provided, That said Secretary of the Interior may, however, apply the schedule of salaries herein established upon the approval of this Act and prior to the year nineteen hundred and twenty-four, to provinces making application therefor, through their respective provincial boards.

Page  393 THE PROVINCIAL LAW 393 The provincial board, with the previous approval of the Department Head, may in its discretion provide quarters for the provincial governor, or allow the value thereof, in addition to his salary. SEC. 2087. Annual report.-The annual report of the provincial governor to the Secretary of the Interior shall contain a resume of all matters pertinent to the administration and progress of the government of the province in question, and full information as to its commercial, economic, financial, industrial and political conditions. Should unexpected events or matters of special importance to the general welfare of the province occur subsequent to the date of the regular annual report, such matters may be made the subject of a supplemental report or reports to be filed under such conditions and at such time as the Secretary of the Interior shall prescribe. ART. IV.-Provincial treasurer. SEC. 2088. Provincial treasurer. - The provincial treasurer shall be the chief financial officer of the province. His compensation shall be fixed as below: 2 (a) Provincial treasurers of Albay, Batangas, Bulacan, Cebu, Iloilo, Laguna, Leyte, Nueva Ecija, Occidental Negros, Pampanga, Pangasinan, Rizal, Samar, and Tayabas, five thousand four hundred pesos per annum each. (b) Provincial treasurers of Bohol, Cagayan, Camarines Sur, Capiz, Ilocos Norte, Ilocos Sur, Misamis, Oriental Negros, and Tarlac, four thousand eight hundred pesos per annum each. (c) Provincial treasurers of Cavite, La Union, and Sorsogon, four thousand two hundred pesos per annum each. (d) Provincial treasurers of Antique, Isabela, and Surigao, three thousand six hundred pesos per annum each. (e) Provincial treasurers of Batanes, Mindoro, Palawan, and Zambales, three thousand pesos per annum each. (f) Provincial treasurers of Abra, Bataan, Camarines Norte, Marinduque, Masbate, and Romblon, two thousand eight hundred pesos per annum each. Provided, That vacancies left by provincial treasurers who retired or may retire under Act Numbered Two thou2 Vide preceding footnote, p. 391.

Page  394 394 LOCAL GOVERNMENT IN THE PHILIPPINES sand five hundred and eighty-nine, entitled "An Act providing for a gratuity by reason of retirement to officers and employees of the Philippine Government who have rendered satisfactory service during six continuous years or more, and for other purposes," or any other retirement Act that may hereafter be enacted, shall be filled in accordance with the provisions of this section. SEC. 2089. Functions of provincial treasurer. 3-As fiscal officer, the provincial treasurer shall exercise the following functions: (a) Advise the provincial board, the municipal councils, the provincial and municipal officers, and the Insular officers concerned in the disposition of the provincial and municipal funds, on all matters relative to the public finance and the acquisition and alienation of property of the Government. (b) Collect the taxes throughout the province, including the Insular, provincial, and municipal taxes and other revenues authorized by law. (c) Have the custody and supervision of all provincial funds and property, including the provincial buildings and grounds, and, subject to the approval of the provincial governor, assign rooms to provincial officers and other public officials who by law are entitled to office space in the provincial building. (d) Have charge of the disbursement of all provincial funds and other funds the custody of which may be entrusted to him by law or other competent authority. (e) Acquire for the provincial government all necessary supplies, material and office equipment for which the proper appropriation has been authorized by the provincial board or other competent authority. (f) Act as chief internal-revenue officer in the province in conformity with the Internal Revenue Law, under the administrative authority of the Collector of Internal Revenue and in accordance with the rules and regulations promulgated by him. (g) Act as public land officer as regards the administration and disposition of land of the public domain other than forest land, and of land confiscated by the Government for delinquent taxes in the province, under the direction of, and when required by, the Director of Lands, 3 As amended by section 1 of Act No. 3211.

Page  395 THE PROVINCIAL LAW 395 in accordance with the rules and regulations promulgated by the latter. (h) Act, with the approval of the Department Head, as agent of the Philippine National Bank in case the same has established an agency in the province, with such powers and duties and subject to such conditions as the board of directors of the Philippine National Bank may confer and impose upon him. (i) Inspect, under the supervision of the provincial board, the operation of public utilities belonging to, leased, or operated by the provincial government or other local governments, such as telegraph and telephone lines, land and water transportation, waterworks, electric-light plants, irrigation systems, bonded warehouses, ferries, markets, and slaughterhouses, and all other commercial and industrial enterprises of the province and the municipalities. SEC. 2090. Authority of chief clerk to administer oaths.-The chief clerk in the office of provincial treasurer shall have authority to administer oaths concerning notices and notifications to those delinquent in the payment of the real property tax and concerning official matters relating to the accounts of provincial treasuries or otherwise arising in the offices of provincial treasurer and provincial assessor. SEC. 2091. Inspection of books by Auditor.-Seizure of office by examining officer.-The books, accounts, papers, and cash of the provincial treasurer shall at all times be open to the inspection of the Insular Auditor or his duly authorized agent. In case an examination of the office of a provincial treasurer discloses a shortage in the cash which should be on hand, it shall be the duty of the examining officer to seize the office and its contents and notify the Insular Auditor, and thereupon at once take full possession of the office, the books, papers, vouchers, and cash of such provincial treasurer, close and render his accounts to the date of taking possession, and temporarily continue the public business of such office. A district auditor who takes possession of the office of a provincial treasurer hereunder shall ipso facto supersede the treasurer and shall exercise all his functions until the officer in question is restored or other provision lawfully made for filling the office. ART. V.-Provincial assessor. SEC. 2092. Provincial assessor.-There shall be a

Page  396 396 LOCAL GOVERNMENT IN THE PHILIPPINES provincial assessor in each province wherein is located real property subject to the annual ad valorem tax. Except as otherwise specially provided, he shall be appointed by the Chief of the Executive Bureau upon nomination of the provincial board. He shall be a resident of the province to which appointed, and his salary shall be as fixed by the provincial board with the approval of the Chief of the Executive Bureau. SEC. 2093. Application of Civil Service Law to assessor and deputy assessor.-The positions of assessor and deputy assessor shall not be primarily subject to the provisions of the Civil Service Law; but if any civil service employee should be transferred to such position or the duties thereof should be imposed upon any such employee, his civil service status and privileges shall not be thereby suspended or impaired. A Government officer4 or employee appointed to the position of assessor or deputy assessor may be allowed additional compensation for his services in such capacity which shall be fixed in his appointment or designation. SEC. 2094. Oath of office of assessor and deputy.The oath of office of a provincial assessor and deputy assessor shall contain a statement to the effect that the affiant will appraise the real property subject to taxation in the province at its true value in money, as required by law. ART. VI.-Provincial board. SEC. 2095. Composition of provincial board.-Except as otherwise specially provided, the provincial board shall be composed of the provincial governor, who shall be the presiding officer of the board, and of two other members, to be elected by the qualified voters of the province. SEC. 2096. Duties of elective members.-The elective members of the provincial board shall attend the sessions of the provincial board and perform their duties as members Thereof. They shall not, however, be required to reside at the capital of the province or to have an office in the provincial building. By unanimous resolution of the provincial board, approved by the Department Head, either elective member may be required, for the time specified in such resolution, 4 As amended by Section 2 of Act No. 3211.

Page  397 THE PROVINCIAL LAW 397 to perform the duties of any other provincial officer or to perform any ministerial duty required by the board. Such resolution shall set forth the grounds upon which it is adopted. SEC. 2097. Compensation of elective members.-Except as otherwise specially provided, the elective members 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; and except as otherwise specially provided, compensation shall in no case be paid for service rendered by a member of the board out of session. The amount of the per diem shall not be changed more than once a year. The members of the provincial board of Abra shall receive a per diem which shall be fixed by the provincial board and shall not exceed five pesos for each session of the board actually attended. If not a resident of the provincial capital, an elective member of the provincial board shall be entitled to reimbursement of his actual and necessary travel expense from his place of residence to the place where the provincial board holds its sessions when going to the said sessions and returninng from the same. SEC. 2098. Secretary of provincial board. 5 —There shall be a secretary of the provincial board, whose duty it shall be to attend the meetings of the board and act as its recording officer and secretary. The secretary of the provincial board shall be the keeper of the seal of the province and he shall attest therewith the official acts of the provincial governor and shall record all those of the governor's acts which are required by law to be recorded. He 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, and he shall generally act as custodian of all provincial records and documents. He shall, on demand, furnish certified copies of all public records and documents, for which he shall charge ten centavos for each hundred 5 Act No. 3129 of March 6, 1924, authorized the Provincial Board of Palawan to separate the office of the provincial secretary from that of the provincial treasurer, and made the provisions of Section 2098 of the Administrative Code of 1917 extensive and applicable to the Province of Palawan.

Page  398 398 LOCAL GOVERNMENT IN THE PHILIPPINES words, including the certificate, all the proceeds whereof shall be paid into the provincial treasury. The position of secretary shall be regarded as within the unclassified civil service but may be filled in the manner in which classified positions are filled, and if so filled, the appointee shall be entitled to all the benefits and privileges of classified employees, except that he shall hold office only during the term of office of the appointing governor and until a successor in the office of secretary is appointed and qualified, unless sooner separated. SEC. 2099. Meetings of the board.-Each provincial board shall hold regular weekly meetings upon a day to be fixed by the board. Special meetings may be called by the provincial governor for any day. The meetings of the board shall in general be open to the public, but the board may order that the public be excluded from any session where the discussion relates to an appointment or where the board has under consideration the character or conduct of any individual. SEC. 2100. Minutes of meeting of provincial board. -The provincial board shall keep, in such form and manner as shall be prescribed by the Chief of the Executive Bureau, a complete, permanent, and carefully written record, arranged in proper chronological sequence, showing the proceedings at its various meetings. The minutes shall show the date of the meeting and its character, whether regular or special; the names of the members present; the name of the presiding officer; whether the minutes of the last meeting were read and approved, or the reasons for disapproval, if such acton were proved, or the reasons for disapproval, if such action were taken. The minutes shall also show the name of each member presenting a resolution and the resolution in full, as well as the vote of each member by name. The minutes of the board shall be signed by the presiding officer and attested by the secretary of the board, who shall be charged with their preservation. SEC. 2101. Copies of minutes and of executive orders to be supplied to Chief of the Executive Bureau.-A copy or copies of the minutes of each meeting of the provincial board, duly signed and attested, and a copy or copies of all executive orders of the provincial governor shall be furnished to the Chief of the Executive Bureau under such regulations as he may prescribe.

Page  399 THE PROVINCIAL LAW 899 SEC. 2102. Certain duties and powers of the provincial board.-It shall, among other things, be the duty of the provincial board: (a) To provide a seal for the province. (b) To provide suitable offices for the provincial officers and other officials who by law are entitled thereto at provincial expense. (c) To provide a courthouse containing a room or rooms suitable 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) To provide and equip for the division superintendent of schools stationed in the province the necessary room or rooms for his office and for use in storing and distributing supplies, and to supply an adequate messenger and janitor service in connection with said office. (e) To furnish to the provincial treasurer a suitable vault or safe for the keeping of public funds. (f) To direct, in its discretion, the bringing or defense of civil suits on behalf of the provincial government and to compromise the same upon the recommendation of the provincial fiscal and the approval of the judge of first instance for the district. (g) To order, in its discretion, upon the recommendation of the district engineer, the construction, repair, or maintenance of roads, bridges, and ferries and the making of other provincial public works and improvements in accordance with law. (h) To agree upon the recommendation of the district 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. (i) To order, in its discretion, the execution by the district 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 or the Insular Government within the jurisdiction of the province.

Page  400 400 LOCAL GOVERNMENT IN THE PHILIPPINES (j) To authorize and conduct, pursuant to law, systematic campaigns or operations against dangerous communicable diseases, agricultural pests, and epidemics of cattle diseases, when the province is afflicted by or threatened with an invasion of the same. SEC. 2103. Decision of controversy as to sufficiency of accomodations for courts.-If in any case there should arise a controversy between the judge of first instance in any district and the provincial authorities over the question of the sufficiency of the accommodations supplied for the Court of First Instance in the province, the matter shall be referred to the Governor-General, whose decision therein shall be final; and any necessary expense authorized by the Governor-General in order to carry his decision into effect shall be a lawful charge against the province. SEC. 2104. Transportation of non-official passengers and freight.-In any province in which the provincial board is maintaining a launch or other vessel for the transportation of its officers and for other public purposes, the provincial board is authorized to transport non-official passengers and freight from one place in the province to another and to fix a reasonable tariff for such carriage and to adopt regulations to govern the officers in charge of such launch or other vessel in respect to the transportation of non-official passengers and freight; but non-official passengers and freight shall be received only when consistent with the carriage of all official passengers and freight, and such business shall not be permitted to compete with regular commercial lines transporting passengers or freight between points in the same province, it being the intent of this section merely to permit the provincial board to supply transportation for the public where the same can not be otherwise obtained. SEC. 2105. Appropriations and loans.-The provincial board shall have the power to make appropriations from the provincial general funds for the following purposes: (a) The satisfaction of the lawful indebtedness of the provincial government and for carrying on its lawful activities. (b) The purchase and maintenance of draft animals for breeding purposes, to be used under such regulations as the provincial board shall prescribe and the Director of Agriculture approve.

Page  401 TIE PROVINCIAL LAW 401 (c) The organization, equipment, and maintenance of a police force in any municipality or municipal district of the province where the local funds are insufficient to bear such expense. (d) The payment, in cases where such course seems equitable and just, of the value, in whole or in part, of buildings or other property destroyed by the health authorities under power conferred upon them by the Public Health Law. (e) The making of a loan to any municipality or municipal district in the province to enable it to combat any dangerous communicable disease, agricultural pest, or cattle disease, when the local political division in question has not sufficient funds available to enable it to cope with any such disease, or pest, prevalent or likely to become prevalent in the community. SEC. 2106. Powers to be exercised with approval of Department Head.-Upon approval by the Department Head of the particular resolution by which such action shall be taken, the provincial boards of the respective provinces shall have authority: (a) To appropriate money for purposes not specified by law, having in view the general welfare of the province and its inhabitants. (b) To fix or change the salary of the lieutenantgovernor of any subprovince specified in section two thousand one hundred and thirty-six hereof. (c) To appropriate money for loans to municipalities 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; but the entire indebtedness of any municipality to which a loan is made shall not, inclusive of such loan, exceed five per centum of the assessed valuation of the property in said municipality. (d) To authorize municipal councils of the capitals of provinces and subprovinces to fix the salaries of their municipal officers at amounts in excess of those authorized in the scale established by law, provided that the salaries so authorized shall not be over fifty per centum in excess of those established by said scale. (e) To exercise the power of eminent domain for the following purposes: the construction or extension of

Page  402 402 LOCAL GOVERNMENT IN THE PHILIPPINES roads, streets, sidewalks, bridges, ferries, levees, wharves, or piers; the construction of public buildings, including school houses, and the making of the necessary improvements in connection therewith; the establishment of parks, playgrounds, plazas, market places, artesian wells, or systems for the supply of water; and the establishment of cemeteries, crematories, drainage systems, cesspools, or sewage systems. (f) To permit, upon favorable recommendation by the Secretary of Commerce and Communications, and subject to such conditions as may properly protect the public interests, the construction and maintenance, for private use, of railways, conduits, and telephone lines across public thoroughfares, streets, roads, and other public property in the province: Provided, That such construction and private use shall not prevent or obstruct the public use of such thoroughfares, streets, roads, or other public property, and that the permit granted shall at all times be subject to revocation by the Secretary of the Interior, if in the judgment of that official, the public interest requires it. 6 SEC. 2107. Duty of provincial board to obtain treasurer's opinion on financial matters.-The provincial board shall obtain the written opinion of the provincial treasurer, not being a member of the board, in any matter involving the levying or collection of taxes or expenditure of funds, but the opinion so obtained shall have no weight beyond that of a recommendation; and the provincial board shall have full authority to decide the matter in such form as it may deem most just and advisable for the interests of the province. SEC. 2108. Convocation of municipal presidents.The provincial board is authorized, when in its discretion the public good requires, to call a convention or meeting of any or all of the municipal or municipal district presidents of the province at such place and time as it may designate. Not less than one nor more than four such general conventions or meetings of municipal presidents shall be called in any one year except upon previous approval of the Department Head. In case any such convention or meeting is called for the purpose of considering or acting on special business, the call shall so state. A president shall be entitled to his actual and neces6 Subsection (I) added by Act No. 2797.

Page  403 THE PROVINCIAL LAW 403 sary travel expenses while going to, attending, and returning from any such convocation, in an amount not exceeding that fixed by law for the travel expense of provincial officials, the same to be paid from the provincial treasury upon approval of the provincial board. SEC. 2109. Power to take testimony.-The provincial board, or upon authorization of the board, any member thereof, shall have the power to take testimony in connection with any investigation or inquiry which may be lawfully undertaken or conducted by it. The same power may, in particular cases, be exercised by any other person thereunto especially deputed by such board. ART. VII.-Provincial finance. SEC. 2110. Deposit of surplus funds.-The provincial treasurer shall deposit his surplus funds in the Philippine National Bank or, upon resolution of the provincial board approved by the Department Head, in any bank duly designated as a Government depositary. SEC. 2111. Provincial general fund.-All provincial moneys in the provincial treasury which are not lawfully dedicated or reserved for some particular ur-e shall constitute the general fund and shall be available for the payment of obligations not chargeable to other funds, though transfers of moneys therefrom to other funds of the province may be made by proper appropriation for their augmentation and use. SEC. 2112. Exhibition fund.-Any provincial board may, in its discretion, create a special fund in the provincial treasury to be known as the provincial exhibition fund and may make appropriations to the credit thereof. Such fund shall be subject to the control of the provincial board and shall be utilized in its discretion for local provincial or interprovincial exhibitions or to enable the province to make a creditable exhibit at any Philippine Exposition which may be authorized by law. The exhibition fund may at any time be disestablished by resolution of the provincial board, with the approval of the Chief of the Executive Bureau, in which event such part of the fund as belongs to the province shall revert to the provincial general fund, and any portion contributed by any municipality or its proportionate share of any unexpended balance, shall be returned to it. SEC. 2113. Road and bridge fund.-There shall be

Page  404 404 LOCAL GOVERNMENT IN THE PHILIPPINES maintained in the provincial treasuries of the respective regularly organized provinces a special fund to be known as the road and bridge fund, which shall be available, upon appropriation by the provincial board, exclusively for the following purposes: (a) The repair, maintenance, improvement, and construction of roads and bridges in the province; and in applying this fund to such uses, adequate provision shall be made for the maintenance of existing, unabandoned roads and bridges before new construction is undertaken. (b) The providing and maintaining of wharves, piers, and docks, in accordance with plans and specifications furnished by the Bureau of Customs, and for removing obstructions to navigation within the limits of the province. (c) For subsidizing or acquiring, operating, and maintaining means of water transportation within the province or between the province and neighboring provinces or islands or to dredge rivers and provide facilities for communication and transportation by river, as well as for establishing and operating telephone system within the territory of the province. An appropriation made by a provincial board under the authority of subsection (b) or (c) hereof shall not be valid until approved by the Department Head. SEC. 2114. Non-Christian inhabitants' fund.-There shall be maintained in the provincial treasuries of such of the regularly organized provinces as contain non-Christian inhabitants a special fund to be known as the non-Christian inhabitants' fund, which shall be available, exclusively, for expenditures for the benefit of the non-Christian inhabitants of the province, upon approval of the Secretary of the Interior. SEC. 2115. Road and public works fund.-There shall be maintained in the provincial treasuries of the respective specially organized provinces a special fund to be known as the road and public works fund, which shall be available, upon appropriation by the provincial board, exclusively for the repair, maintenance, improvement, and construction of roads, bridges, an dother public works. In applying this fund to the uses indicated, adequate provision shall be made for the maintenance of existing, unabandoned roads, bridges, and works before new construction is undertaken. With the approval of the Depaitmelt Head, the pro

Page  405 THE PROVINCIAL LAW 405 vincial board shall have authority to make appropriation from the road and public-works fund for the subsidizing or acquiring, operating, and maintaining means of water transportation within the province or between the province and neighboring provinces or islands or to dredge rivers and provide facilties for communication and transportation by river. SEC. 2116. Municipal district fund.-There shall be maintained in the provincial treasuries of the respective specially organized provinces a special fund to be known as the municipal district fund, which shall be available, exclusively, for expenditures for the benefit of the municipal districts of the province, and non-Christian inhabitants of the province, upon approval of the Secretary of the Interior. SEC 2117. Loan of municipal funds for school purposes.-Not to exceed twenty per centum of municipal funds deposited with the provincial treasurer and held in reserve may be loaned by the provincial treasurer to municipalities upon application by resolution of the municipal council of the municipality desiring the loan for permanent public works and upon recommendation of the division superintendent of schools, with the approval of the Director of Education, also for the following purposes: (a) The erection of school buildings of strong materials; (b) the purchase of land for school purposes. Only funds deposited by municipalities that have previously authorized by resolution of their respective councils the use of such funds for loans of this kind, shall be available for the purposes hereof. Such loans shall be repaid in equal annual installments over a period of not to exceed five years, and the provincial treasurer shall withhold from the proceeds of tax collections of the municipality receiving the loan sufficient revenues to pay each installment as it falls due. SEC. 2118. Purchase of necessaries for payment of laborers.-Money expendable for provincial improvements of any character may, when duly authorized by the provincial board, be used for purchasing rice or other necessaries to be sold or paid in kind, without profit, to laborers actually engaged upon such improvements. ART. VIII.-Provincial budget. SEc. 2119. Detailed statement of receipts and ex

Page  406 406 LOCAL GOVERNMENT IN THE PHILIPPINES penditures for preceding year.-On or before the fifteenth day of January of each year, the provincial treasurer shall present to the provincial board a certified detailed statement of all receipts and expenditures pertaining to the preceding fiscal year. SEC. 2120. Estimate of revenues and receipts for current year-Annual provincial budget.-Immediately upon receipt of the statement of receipts and expenditures from the provincial treasurer, the provincial board will make a careful estimate of the revenues and receipts for the current year. Upon the basis of such estimated income the provincial board will, likewise, make detailed appropriations covering the estimated expenditures for the year, but in no case shall such appropriations be in excess of the estimated revenues and receipts. The statement of receipts and expenditures for the preceding year, together with the estimates and appropriations by the provincial board for the current year, shall be known as the annual provincial budget. Changes in the estimates and appropriations may be made by the provincial board from time to time during the year by supplemental budgets: Provided, 7 That no changes shall be made to appropriations made for health without first consulting the chief of the sanitary division. SEC. 2121. Disbursement of provincial funds-Statement of provincial accounts.-Disbursements of provincial funds shall be made by the provincial treasurer upon properly executed vouchers in accordance with the appropriations made by the provincial board in the budgets and without the necessity for further approval by said provincial board. Within ten days after the close of each month, the provincial treasurer will furnish to the provincial board for its information a statement of the appropriations, expenditures, and balances in all provincial accounts. SEC. 2122. Restriction upon limit of disbursements. -Disbursement made by the provincial treasurer in accordance with the appropriations of the provincial board, as shown in the provincial budgets, may be made from any funds in the hands of the provincial treasurer; but the total disbursements from any provincial fund shall in no case be in excess of the actual collections plus fifty per centum of the uncollected estimated revenues accruing to such fund. 7 Added by Section 4 of Act No. 3115.

Page  407 THE PROVINCIAL LAW 407 ART. IX.-Provincial Schools and aid for provincial students. SEC. 2123. Provincial schools.-The provincial boards of the various provinces may establish and maintain provincial schools, to be conducted as a part of the publicschool system in conformity with the provisions of the School Law. SEC. 2124. Tuition in provincial schools.-No charge shall in any case be made for instruction in the primary grades; but for higher instruction the provincial board may, subject to the approval of the Director of Education, require moderate tuition fees. SEC. 2125. Tuition of student transferring from home province.-In any province where full courses are not given in the higher grades, the provincial board may make provision for the payment of the tuition of resident pupils of the province who may wish to enter a school of another province or of the city of Manila for courses not given in their home province. Such transfers shall be effected in accordance with the school regulations and with the approval of the provincial board, or Municipal Board of the city of Manila as the case may require. SEC. 2126. Maintenance of professional students in City of Manila.-Any provincial board shall have power to appropriate the amount necessary for one or two permanent allowances, at the rate of not to exceed forty pesos a month, for one or two students, residents of the province, in the University of the Philippines or in any governmental educational institution to enable them to follow a professional career. In addition to the allowance, a student selected to receive such assistance shall be entitled to reimbursement of the actual and necessary traveling and subsistence expenses from his residence to his place of study and viceversa, at least once each school year; 8 to matriculation and graduation fees, if any; to reimbursement of the cost of the books required for each course; and to be admitted into and treated in the Philippine General Hospital free of charge, in case of illness. SEC. 2127. Conditions antecedent to receiving allowance.-To be entitled to an allowance under the preceding section, a person must be (a) a resident of the province granting the allowance; (b) not over twenty-one years of age; (c) the possessor of a certificate of having 8 As amended by section 1 of Act No. 3184.

Page  408 408 LOCAL GOVERNMENT IN THE PHILIPPINES studied and satisfactorily completed an entire official course in the high schools; (d) of good conduct and physical constitution; and (e) whose parents or guardians are unable to meet the expenses of a higher education. SEC. 2128. Conditions and mode of application.When a province, being in condition to make one or more alloawnces as herein provided, shall determine to grant them, it shall determine the profession or professions to the preparation for which such allowances shall be devoted, and shall advertise a general convocation, to which it shall give the widest publicity throughout its territorial jurisdiction, during the first fortnight in the month of April in the year in which such allowances are to be granted or renewed, in order that applicants therefor may make application in writing to the provincial board, within thirty days following such first fortnight of the aforesaid month of April. The application, the blanks for which shall be prepared, printed, and distributed, subject to reimbursement of the cost thereof, by the Director of Education, shall contain a statement to the effect that the applicant has the requisites exacted by the next preceding section hereof; and the whole shall be subscribed and sworn to by the applicant and his father, or, in default thereof, his legal guardian. SEC. 2129. Examination of contestants.-After the applications have been presented and received the superintendent of schools of the province shall, in the presence of the provincial board or some person thereunto deputed by said board, proceed to hold an examination of such applicants; and the applicants obtaining the highest general average in such examination, or, if such averages are equal, those having the highest average for the subjects necessary for the career proposed to be followed shall be designated. SEC. 2130. Service to be rendered by students.Upon finishing their studies, students receiving provincial aid in the pursuit of their professional studies shall be obliged to perform, in the province or subprovince granting such aid, the duties of the profession for which they have been prepared, for a period of time equal to that during which they have received their allowance; but this obligation shall not operate to prevent such students from going abroad upon a Government scholarship at the expense of the Insular Government, upon successfully passing a competitive examination therefor.

Page  409 THE PROVINCIAL LAW 409 ART. X.-Toll roads, bridges, and ferries. SEC. 2131. Provincial toll roads, bridges, and ferries.-When the provincial board of any province shall deem such course to be necessary tor the proper maintenance of any provincial road within the province it may designate such road, or part thereof, or any bridge, or ferry built, or to be built, or maintained as a part thereof, as a toll road, bridge, or ferry, and may fix the rates of toll or ferriage to be paid for the use thereof. No road or highway so designated shall be continued as a toll road or highway for a longer period than five years. SEC. 2132. Collection and application of tolls.-In the exercise of the authority hereinabove conferred, the provincial board may erect toll gates or equip ferries and may employ the persons necessary to operate the same. The proceeds derived from such sources shall be applied to the repair and maintenance of the road upon which the collections are made. SEC. 2133. Establishment of toll ferry upon municipal road by action of provincial board.-Whenever for thirty days after service of a request by the provincial board, any municipality shall decline or neglect to establish and maintain a suitable ferry over any stream or other water situated upon the course of a municipal road, the provincial board may establish and maintain a provincial toll ferry at such place, in the manner above provided. SEC. 2134. Persons exempt from tolls.-No toll or ferriage authorized by this article shall be collected from officers or enlisted men of the United States Army or Navy or other employees of the United States Government in the Philippines; nor shall tolls for the use of any road or bridge be collected from any person passing over the same on foot. SEC. 2135. Discontinuance of collection of tolls.When the provincial board shall decide that the collection of tolls on any road, bridge, or ferry, in accordance with the provisions hereof, may be discontinued without injury to the public welfare, it shall order a discontinuance of the collection of such tolls, and thereafter the road, bridge, or ferry in question shall be free for public use. ART. XI.-Government of subprovinces in certain provinces. SEC. 2136. Subprovinces subject to provisions of this

Page  410 410 LOCAL GOVERNMENT IN THE PHILIPPINES article.9-The provisions of this article are applicable to the subprovince of Catanduanes, in the Province of Albay, and the subprovince of Siquijor, in the Province of Oriental Negros. SEC. 2137. Lieutenant-governor of sub-province.There shall be a lieutenant-governor for each sub-province specified in the next preceding section hereof, who shall be elected by the duly qualified voters of the sub-province. The office of the lieutenant-governor shall be maintained at the capital of the sub-province. Ihe qualifications for the office of lieutenant-governor of a sub-province shall be the same as are prescribed for provincial officer at large, with the additional requirement that a candidate for such office must, at the time of election, be a resident of the subprovince. SEC. 2138. DUties of lieutenant-governor.-The duties of a lieutenant-governor of a subprovince shall be these: (a) He shall be the custodian of such public records and documents pertaining to the subprovince as shall be kept within the subprovince. (b) He shall, under the supervision of the provincial governor and as his representative, discharge within the subprovince the duties which are by law made incumbent upon provincial governors. (c) He shall from time to time make to the provincial board, through the provincial governor, report concerning his semiannual visitation of the municipalities and of other inspections of the various communities of the subprovince. (d) He shall submit annually to the provincial board, through the provincial governor, a report concerning the commercial, economic, financial, industrial, and political conditions within his subprovince; and he shall from time to time, in the same manner, make such recommendations as he shall deem necessary for the best interests of the subprovince. SEC. 2139. Lieutenant-governor as member of provincial board.-The lieutenant-governor shall constitute a fourth member of the provincial board of the province to which he pertains with power to vote in such matters only as relate to the subprovince, but in the absence of special 9 Vide Note 134, p. 113, supra.

Page  411 THE PROVINCIAL LAW 411 direction his attendance shall not be compulsory nor shall his absence affect the quorum. A lieutenant-governor shall not receive additional remuneration as a member of the provincial board, but he shall be entitled to the reimbursement of his actual and necessary travel expense in going to and returning from the board meetings, to be paid from the provincial funds. SEC. 2140. Absence or disability of lieutenant-governor.-In case of the absence, suspension, or other temporary disability of the lieutenant-governor of a subprovince, his duties shall be performed by the governor of the province; in case of a vacancy in said office, the duties of lieutenant-governor shall likewise be discharged by the governor of the province until the Governor-General shall appoint some other person to the vacancy or until a successor shall have been duly elected and qualified. SEC. 2141. Subprovincial treasury.-A permanent sub-office of the provincial treasury may, by resolution of the provincial board, approved by the Chief of the Executive Bureau, be established at the capital of a subprovince to serve as a treasury for such subprovince. When so established, the office shall be in charge of a deputy of the provincial treasurer, and all expenses incident to the conduct of the same shall be chargeable to the funds of the subprovince. SEC. 2142. Funds pertaining to subprovince.-Seventy per centum of all provincial taxes, fines, or other revenue collected in any subprovince or by reason of any right originating therein shall accrue to the treasury of such subprovince for the sole use and benefit thereof. The remaining thirty per centum of such collections shall accrue to the general fund of the province: Provided, however,'1 That the collections belonging to the road tax of any subprovince shall accrue in their entirely to the treasury of such subprovince. There shall also accrue to the treasury of a subprovince, for the sole use and benefit of such subprovince, seventy per centum of the internal revenue apportioned to the province in respect of the number of inhabitants contained in the subprovince, except so far as to the road fund is concerned, which in accordance with this section shall accrue entirely to the subprovince. 10 Added by section 1 of Act No. 3128. l Ibid.

Page  412 412 LOCAL GOVERNMENT IN THE PHILIPPINES SEC. 2143. Application of funds of subprovince.The funds of a subprovince shall be appropriated and applied by the provincial board for the benefit of the subprovince and its inhabitants in the same manner and subject to the same restrictions as govern the application of provincial funds. SECS. 2144-216312. 12 These sections have been repealed by Act No. 2t24 which in part reads as follows: SEC. 1. The provisions of chapters sixty-three and sixty-four of the Administrative Code of Nineteen hundred and seventeen are hereby extended and applied to the Provinces of Mindoro, Palawar, and Batanes: Provided, That the office of provincial governor shall be elective in Mindoro as well as in Palawan and Batanes, and the provincial governors and third members of the three provinces mentioned shall be elected by the qualified voters of the province, in accordance with the provisions of the general Election Law; And provided, further, That the presidents of the municipalities of said provinces shall be elective and the councilors shall be elected by the qualified voters of the municipalities instead of the electors of each barrio. SEC. 2. The townships and rancherias are hereby abolished in the provinces organized under the general law, and hereafter said townships and rancherias shall be aggregated to the municipalities or organized as independent municipalities or municipal districts, in accordance with the provisions of article six of chapter sixtyfour of the Administrative Code of Nineteen hundred and seventeen, by executive order of the Governor-General. SEC. 3. The powers and duties prescribed by Title Eleven of the Revised Administrative Code for the Governor or the Administrative Council of the Department of Mindanao and Sulu shall be performed and exercised by the Secretary of the Irterior in the provinces and localities to which this Act applies.. SEC. 4. The inhabitants of the municipal districts shall be entitled to vote at the elections for members of the Legislature or for any provincial officer, held in accordance with the provisions of the Election Law. Said municipal districts shall be considered, for election purposes only, as parts of the municipality contiguous or the most easily accessible to them, as the provincial board may determine. SEC. 5. The modifications in provincial and municipal governments herein prescribed shall go into effect on approval of this Act. However, this Act shall not be construed to require new elections or appointments of officers and employees now holding positions in the provinces herein named or political subdivisions thereof, but elective officers shall continue in office until their successors shall have been elected and qualified.

Page  413 APPENDIX J THE MUNICIPAL LAW [Being Chapter 67 of the Administrative Code of 1917.] PRELIMINARY ARTICLE.-Title of chapter. SEC. 2164. Title of chapter. ARTICLE I.-General prozvisions. SEC. 2165. Corporate powers of municipalities. SEC. 2166. Municipal subdivisions. SEC. 2167. Municipal boundary disputes-How settled. SEC. 2168. Beginning of corporate existence of new municipality. ARTICLE II.-Organization of municipal government. SEC. 2169. Chief officials of municipal government. SEC. 2170. Classifcation of municipalities-Number of councilors. SEC. 2171. Change of amount of receipts is affecting classification of municipalities. SEC. 2172. Additional councilors for municipality passing to higher class. SEC. 2173. Reduction in number of councilors for municipality passing to lower class. ARTICLE III.-Municipal offices and officers in general. SEC. 2174. Qualifications of elective municipal officers. SEC. 2175. Persons ineligible to municipal office. SEC. 2176. Inhibition against holding of pecuniary interest by municipal official. SEC. 2177. Term of elective officer. SEC. 2178. Term of appointive officer. SEC. 2179. Change of territory as affecting tenure of office. SEC. 2180. Vacancies in municipal office. SEC. 2181. Declaration of vacancy in elective municipal office. SEC. 2182. Resignation of municipal officer. SEC. 2183. Salaries of municipal officers. SEC. 2184. Maximum limit of salaries. SEC. 2185. Additional compensation for municipal secretary. SEC. 2186. (The provisions of this section have been embodied 413

Page  414 414 LOCAL GOVERNMENT IN THE PHILIPPINES in Section 2184 above, as amended by Section 3 of Act No. 3261. Hence repealed by Section 5 of said Act No. 3261.) SEC. 2187. Compensation of vice-president or councilor. ARTICLE IV.-Provincial supervision over municipal officers. SEC. 2188. Supervisory authority of provincial governor over municipal officers. SEC. 2189. Trial of municipal officer by provincial board. SEC. 2190. Action by provincial board. SEC. 2191. Action by Chief of Executive Bureau. SEC. 2192. Salary of officer pending suspension. SEC. 2193. Duty of provincial governor to order prosecution in certain cases. ARTICLE V.-Municipal president. SEC. 2194. SEC. 2195. SEC. 2196. SEC. 2197. gations. SEC. 2198. vincial board. SEC. 2199. in general. SEC. 2200. SEC. 2201. nates. SEC. 2202. SEC. 2203. President as chief executive of municipality. Temporary disability of president. Execution of deeds. Authority of president to make preliminary investiCopies of executive orders to be forwarded to proAppointment of subordinate officers and employees Nominations to be made by president. Supervisory authority of president over subordi Quarterly report on crop and live-stock conditions. Annual report of president. ARTICLE VI.-Vice-president. SEC. 2204. Vice-president as ex-officio member of council. ARTICLE VII.-Municipal treasurer. SEC. 2205. Appointment and removal of treasurer. SEC. 2206. Temporary disability of treasurer. SEC. 2207. Employees and clerks in office of municipal treas urer. SEC. SEC. SEC. SEC. 2208. 2209. 2210. 2211. Duties of municipal treasurer. Misuse of public funds. Inspection of municipal treasurer's accounts. Suspension of delinquent treasurer. ARTICLE VIII. —Municipal secretary. Duties of secretary. Issuance of certified copies of municipal records. Report of births and deaths. Report of marriages. SEC. 2212. SEC. 2213. SEC. 2214. SEC. 2215.

Page  415 THE MUNICIPAL LAW 415 ARTICLE IX.-Municipal council-Its constitiution and powers in general. SEC. 2216. Duties of councilor. SEC. 2217. Assignment of barrios or districts to councilors. SEC. 2218. Appointment of lieutenants and substitute lieutenants by councilors. SEC. 2219. Duties of lieutenant. SEC. 2220. Regular and special meetings of council. SEC. 2221. Quorum of council-Enforcing attendance of absent members. SEC. 2222. Public sessions-Closed sessions. SEC. 2223. Rules of procedure-Suspension or expulsion of member. SEC. 2224. Journal of proceedings-Majorities necessary for transaction of business. SEC. 2225. Restriction upon right of president to vote in council. SEC. 2226. Nominations to be passed upon at first meeting. SEC. 2227. Ordinances of council. SEC. 2228. Numbering of ordinances and resolutions. SEC. 2229. Approval of ordinances by president.-Veto power. SEC. 2230. Time of taking effect of ordinance-Posting of ordinance. SEC. 2231. Translation of ordinance into native dialect. SEC. 2232. Copies of resolutions and ordinances to be forwarded to provincial board. SEC. 2233. Provincial board to pass on legality of municipal proceedings. SEC. 2234. File to be kept by provincial governor. SEC. 2235. Appeal from action of provincial board. SEC. 2236. Judicial authority to determine validity of municipal proceedings. SEC. 2237. Attempt to enforce void or suspended resolution, ordinance, or order. SEC. 2238. General power of council to enact ordinances and make regulations. SEC. 2239. Power of council to prescribe penalties for violations of ordinances. SEC. 2240. Subsidiary imprisonment for nonpayment of fine. SEC. 2241. Submission of questions to provincial fiscal. SEC. 2242. Certain legislative powers of mandatory character. SEC. 2243. Certain legislative powers of discretionary character. SEC. 2248 (A). Restrictive provisions. SEC. 2244. Requirement of permits for certain pursuits. SEC. 2245. Exercise of power of eminent domain.

Page  416 416 LOCAL GOVERNMENT IN THE PHILIPPINES SEC. 2246. Authority to close thoroughfare. SEC. 2247. Restriction upon measures relative to sanitation. SEC. 2248. Aid to Insular and provincial charitable institutions. ARTICLE X.-Municipal schools and aid for municipal students. SEC. 2249. Municipal schools. SEC. 2250. Special and professional schools. SEC. 2251. Cooperation of municipalities in maintenance of school giving intermediate instruction. SEC. 2252. Support of students attending school in other municipality. SEC. 2253. Maintenance of night schools. SEC. 2254. Travel expense of teachers attending summer schools. SEC. 2255. Support of students attending special schools. SEC. 2256. Mode of appointment and qualifications of students. SEC. 2257. Agreement to teach in municipality. ARTICLE XI.-Municipal police. SEC. 2258. Constitution of police force of municapility. SEC. 2259. Appointment of members of police force. SEC. 2260. Regulations for governance of municipal police. SEC. 2261. Uniforms, insignia, and equipment. SEC. 2262. Arms to be used by police. SEC. 2263. Expense of equipment. SEC. 2264. Loss of arms or other equipment. SEC. 2265. Examining board. SEC. 2266. Time for holding examination. SEC. 2267. Examination manual. SEC. 2268. Qualifications for service examination. SEC. 2269. Certification of physical proficiency. SEC. 2270. Eligible lists. SEC. 2271. Appointments to be made from lists of eligibles. SEC. 2272. Suspension and removal of members of municipal police. SEC. 2273. Salaries of members of police force. SEC. 2274. Reimbursement of expense of policeman going beyond municipal limits. SEC. 2275. Requirement of police service or patrol duty from male residents. SEC. 2276. Requirement of report from householders concerning persons sojourning with them. ARTICLE XII.-Protection against fire. SEC. 2277. Police force constituting fire department-Discipline. SEC. 2278. Provision for fire-fighting apparatus. SEC. 2279. Auxiliary volunteer firemen. SEC. 2280. Social organization.

Page  417 THE MUNICIPAL LAW 417 SEC. 2281. Authority to call upon inhabitants to aid in fighting fire. ARTICLE XIII.-Celebration of fiestas. SEc. 2282. Celebration of fiesta. SEC. 2283. Changing date of fiesta. SEC. 2284. Fixing date of fiesta. ARTICLE XIV.-Cockfighting. SEC. 2285. Restriction upon cockfighting. SEC. 2286. Cockfighting at fairs and carnivals. ARTICLE XV.-Municipal revenue in general. SEC. 2287. Fundamental principles governing municipal taxation. SEC. 2288. Use of municipal funds. SEC. 2289. Primary disposition of municipal revenue. SEC. 2290. Custody and deposit of municipal funds. SEC. 2291. Municipal general fund. SEC. 2292. Municipal school fund. SEC. 2293. Appropriations for exhibition purposes. SEC. 2294. Refund of customs duties on material for public works. ARTICLE XVI.-Miunicipal budget. SEC. 2295. Statement of receipts and expenditures for past year. SEC. 2296. Annual budget. SEC. 2297. Disapproval of particular items. SEC. 2298. Municipal salaries pending approval of budget. SEC. 2299. General limitation upon amount expendable for salaries and wages. SEC. 2300. Disbursement of municipal funds. SEC. 2301. Restriction upon disbursements. ARTICLE XVII.-Civil remedies for collection of munticipal revenue. SEC. 2302. Application of article. SEC. 2303. Civil remedies. SEC. 2304. Distraint of personal property. SEC. 2305. Proceedings subsequent to seizure. SEC. 2306. Municipal tax lien. ARTICLE XVIII.-License taxes and other municipal revenue. SEC. 2307. Municipal license taxes. SEC. 2308. Miscellaneous revenue. SEC. 2309. Imposition of tax and duration of license. SEC. 2310. Time for payment of license taxes.

Page  418 418 LOCAL GOVERNMENT IN THE PHILIPPINES SEC. 2311. Record of persons paying license taxes. SEC. 2312. Revocation or suspension of liquor license. ARTICLE XIX.-Cart and sledge tax. SEC. 2313. Cart and sledge tax. SEC. 2314. Application of proceeds. SEC. 2315. Restriction as to use of carts and sledges. SEC. 2316. Suspension of provisions relative to carts and sledges. ARTICLE XX.-Conduct of certain public utilities. SEC. 2317. Municipal waterworks. SEC. 2318. Municipal ferries, wharves, markets etc. SEC. 2319. Letting of municipal ferry, market, or slaughterhouse to highest bidder. SEC. 2320. Establishment of certain public utilities by private parties under license. ARTICLE XXI.-Grant of fishery. SEC. 2321. Grant of fishery. SEC. 2322. Adjustment of matter of disputed jurisdiction over fishery. SEC. 2323. Restriction upon letting of fishery to private party. SEC. 2324. License tax upon taking of fish in municipal waters. PRELIMINARY ARTICLE.-Title of chapter. SEC. 2164. Title of chapter.-This chapter shall be known as the Municipal Law. ARTICLE I.-General provisions. SEC. 2165. Corporate powers of municipalities. — Municipalities are political bodies corporate, and as such are endowed with the faculties of municipal corporations, to be exercised by and through their respective municipal governments in conformity with law. It shall be competent for them, in their proper corporate name, to sue and be sued, to contract and be contracted with, to acquire and hold real and personal property for municipal purposes, and generally to exercise the powers hereinafter specified or otherwise conferred upon them by law. SEC. 2166. Municipal subdivisions.-The municipality shall be divided into barrios, and for administrative purposes these may be grouped into districts. The number of districts in the municipality shall be equal to the number of councilors, including the vice-president.

Page  419 THE MUNICIPAL LAW 419 SEC. 2167. Municipal boundary disputes.-How settled.-Disputes as to jurisdiction of municipal governments over places or barrios shall be decided by the provincial boards of the provinces in which such municipalities are situated, after an investigation at which the municipalities concerned shall be duly heard. From the decision of the provincial board appeal may be taken by the municipality aggrieved to the Secretary of the Interior, whose decision shall be final. Where the places or barrios in dispute are claimed by municipalities situated in different provinces, the provincial boards of the provinces concerned shall come to an agreement if possible, but, in the event of their failing to agree, an appeal shall be had to the Secretary of the Interior, whose decision shall be final. SEC. 2168. Beginning of corporate existence of new municipality.-Where provision is made for the creation or organization of a new municipality it shall come into existence as a separate corporate body upon the qualification of the president, vice-president, and a majority of the councilors, unless some other time be fixed therefor by law. When a municipal district or other local territorial division is converted or fused into a municipality all property rights vested in the original territorial organization shall become vested in the government of the municipality. ARTICLE II. ---Organization of municipal government. SEC. 2169. Chief officials of municipal government.The chief officials of the municipal government are the president, the vice-president, the treasurer, and the councilors. With the exception of the treasurer, these officers shall be elected by the qualified voters of the municipality. SEC. 2170. Classification of municipalities-Number of councilors.'-Municipalities are divided into five classes, according to their receipts, as follows: Municipalities of the first class shall be those the annual receipts of which averaged fifty thousand pesos or more during the last three years, and shall have eight councilors; of the second class, those the annual receipts of which averaged thirty thousand pesos or more, but less than fifty thousand pesos, during the last three years, and shall have eight councilors; of the third class, those the annual receipts of which aver1 As amended by Section 1 of Act No. 3261.

Page  420 420 LOCAL GOVERNMENT IN THE PHILIPPINES aged fifteen thousand pesos or more, but less than thirty thousand pesos, during the last three years, and shall have six councilors; of the fourth class, those the annual receipts of which averaged five thousand pesos or more, but less than fifteen thousand pesos, during the last three years, and shall have six councilors; of the fifth class, those the annual receipts of which averaged less than five thousand pesos during the last three years, and shall have four councilors: Provided, That the councilors elected at the last general election in each municipality shall continue to hold office during the term for which they were elected, and the reduction or increase of the number of councilors in accordance with the classification of municipalities prescribed in this Act shall take effect beginning with the general election of nineteen hundred and twenty-eight. SEC. 2171. Change of amount of receipts as affecting classification of municipalities.2-Beginning with the year nineteen hundred and twenty-five, and for each period of three consecutive years after said date, the Secretary of the Interior shall order the classification of the municipalities readjusted in accordance with the rules established in the last preceding section. SEC. 2172. Additional councilors for municipality passing to higher class.-In case the class of a municipality shall be raised the additional councilors appropriate to its new class shall be obtained by electing, at the regular election next following the change, one-half of the total number of councilors prescribed for municipalities of that class and at each succeeding election an equal number. During the interim between the change and the seating of the councilors first elected thereafter the council shall consist of the former number of councilors. After the seating of said first elected councilors and until the seating of those next elected it shall consist of a number midway between the former number and the number prescribed for the new class. SEC, 2173. Reduction in number of councilors for municipality passing to lower class.-In case a municipality is reduced in class all of the councilors in office shall be allowed to serve out their full terms, except that in case of death, resignation, or removal of any such councilor the vacancy thereby caused shall not be filled unless such vacancy reduces the number of councilors below that prescribed for the new class, in which case the vacancy shall be filled as hereinafter in this title provided. At the elec2 As amended by Section 2 of Act No. 3261.

Page  421 THE MUNICIPAL LAW 421 tion next following the change of class the number of councilors elected shall be equal to one-half of the number prescribed for the new class, and at each succeeding election an equal number shall be elected. ART. III.-Municipal offices and officers in general. SEC. 2174. Qualifications of elective municipal officers.-An elective municipal officer must, at the time of election, be a qualified voter in his municipality and must have been resident therein for at least one year; he must be loyal to the United States, and not less than twentythree years of age. He must also be able to read and write intelligently either Spanish, English, or the local dialect. SEC. 2175. Persons ineligible to municipal office.In no case shall there be elected or appointed to a municipal office ecclesiastics, soldiers in active service, persons receiving salaries or compensation from provincial or Insular funds, or contractors for public works of the municipality. SEC. 2176. Inhibition against holding of pecuniary interest by municipal official.-It shall be unlawful for a municipal officer to possess a pecuniary interest, either direct or indirect, in any municipal contract, contract work, or other municipal business, or to hold such interest in any cockpit or other game licensed by municipal authority. SEC. 2177. Term of elective officer.-The term of a municipal officer elected at the general election shall begin on the sixteenth of October following such election and shall end on the fifteenth of the same month three years thereafter; but if a successor be not inducted at the time appointed by law, the incumbent shall hold over until a successor shall be duly qualified. SEC. 2178. Term of appointive officer.-An officer appointed by the president shall in the absence of special provision hold until the end of the term of the president making the appointment and until his own successor is appointed and qualified, unless prior thereto he shall resign or be removed according to law. Other appointive municipal officers shall hold until resignation or removal from office according to law. SEC. 2179. Change of territory as affecting tenure of office.-When a part of a barrio is detached from a municipality to form a new municipality or to be added

Page  422 422 LOCAL GOVERNMENT IN THE PHILIPPINES to an existing municipality any officer of the old municipality living in the detached territory may continue to hold his office and exert the functions thereof for the remainder of his term; but if he is resident of a barrio the whole of which is detached, his office shall be deemed to be vacated. SEC. 2180. Vacancies in municipal office.-(a) In case of a temporary vacancy in any municipal office, the same shall be filled by appointment by the provincial governor, with the consent of the provincial board. (b) In case of a permanent vacancy in any municipal office, the same shall be filled by appointment by the provincial board, except in case of a municipal president, in which the permanent vacancy shall be filled by the municipal vice-president. (c) In case of the failure of an election for any municipal office, or when the officer elect declines to qualify or dies before qualifying, or there is no successor for any other reason, such successor shall, in the discretion of the Secretary of the Interior, be appointed by the provincial board or elected at a special election convened by the Governor-General the same as other special elections. SEC. 2181. Declaration of vacancy in elective municipal office.-Should any elective municipal 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. SEC. 2182. Resignation of municipal officer.-Any elective municipal officer who has qualified may be allowed to resign in the interest of the public service, with the approval of the provincial board. SEC. 2183. Salaries of municipal officers.-The salaries of the president and municipal secretary shall be fixed by the council; that of the municipal treasurer by the provincial board. SEC. 2184. Maximum limit of salaries.3-Except as otherwise specially provided, the annual salaries of municipal officers shall not exceed the amounts hereinbelow fixed: In municipalities of the first class: for the president, two thousand pesos; for the municipal secretary, twelve 8 As amended by Section 3 of Act No. 3261.

Page  423 THE MUNICIPAL LAW 423 hundred pesos; and for the municipal treasurer, eighteen hundred pesos, of which twelve hundred pesos shall be payable out of municipal funds, in his capacity as municipal treasurer, and six hundred pesos out of provincial funds, in his capacity as deputy of the provincial treasurer. In municipalities of the second class: for the president, sixteen hundred and eighty pesos; for the municipal secretary nine hundred and sixty pesos; and for the municipal treasurer, thirteen hundred and eighty pesos, of which nine hundred and twenty pesos shall be payable out of municipal funds, in his capacity as municipal treasurer, and four hundred and sixty pesos out of provincial funds, in his capacity as deputy of the provincial treasurer. In municipalities of the third class: for the president, twelve hundred and sixty pesos; for the municipal secretary, seven hundred and twenty pesos; and for the municipal treasurer, one thousand and eighty pesos, of which seven hundred and twenty pesos shall be payable out of municipal funds, in his capacity as municipal treasurer, and three hundred and sixty pesos out of provincial funds, in his capacity as deputy of the provincial treasurer. In municipalities of the fourth class: for the president, nine hundred and sixty pesos; for the municipal secretary, six hundred pesos; and for the municipal treasurer, nine hundred pesos, of which six hundred pesos shall be payable out of municipal funds, in his capacity as municipal treasurer, and three hundred pesos out of provincial funds, in his capacity as deputy of the provincial treasurer. In municipalities of the fifth class: for the president, six hundred pesos; for the municipal secretary, three hundred and sixty pesos; and for the municipal treasurer, five hundred and forty pesos, of which three hundred and sixty pesos shall be payable out of municipal funds, in his capacity as municipal treasurer, and one hundred and eighty pesos out of provincial funds, in his capacity as deputy of the provincial treasurer. From the decisions of the provincial board with regard to salaries and per diems of municipal officers, the municipal officer or council concerned or any member of the provincial board having expressed his disconformity when the resolution objected to was passed, may appeal, and such appeal shall, within ten days after its receipt by the provincial board, be forwarded to the Chief of the Executive Bureau, whose decision shall be final.

Page  424 424 LOCAL GOVERNMENT IN THE PHILIPPINES When, by reason of exceptional circumstances, the maximum salary herein authorized for any nonelective municipal officer is found by the provincial board to be inadequate, that board may fix and the Chief of the Executive Bureau approve such higher rate as may be necessary to secure and retain the services of a competent appointee. SEC. 2185. Additional compensation for municipal treasurer acting as municipal secretary.-The municipal council, with the approval of the provincial board, may require that the municipal treasurer shall, in addition to the regular duties of his office, perform the duties of municipal secretary; in which case he may be paid additional compensation in an amount fixed by the municipal council, with the approval of the provincial board; but the compensation thus paid to the treasurer for his services in both capacities shall not exceed seventy-five per centum of the sum of the salaries attached to the two offices. SEC. 2186. [The provisions of this section have been embodied in Section 2184 above, as amended by Section 3 of Act No. 3261. Hence repealed by Section 5 of said Act No. 3261.] SEC. 2187. Compensation of vice-president or councilor.-No compensation is attached to the office of vicepresident or the office of councilor, such offices being honorary; but when, by reason of absence, suspension, or other disability, the president ceases to discharge the duties of his office, the vice-president or councilor acting as president shall receive compensation equivalent to the salary of the president during the period of such service. The president shall receive full salary when absent from the municipality upon occasion of any meeting of municipal presidents convoked by the provincial board or when absent therefrom upon any other business the performance of which is required of him by express provision of law or competent administrative authority; and if during such authorized absence the vice-president or a councilor temporarily discharges the local duties of president, the officer rendering such service may receive compensation in an amount to be fixed by the council, with the approval of the provincial governor, which amount shall not be in excess of the salary of president for the same period. When absent from their permanent stations on official business other than attendance at the session of the council, vice-presidents and councilors shall be allowed

Page  425 THE MUNICIPAL LAW 425 their actual expenses of travel with the approval of the provincial governor. ART. IV.-Provincial supervision over municipal officers. SEC. 2188. Supervisory authority of provincial governor over municipal officers.4-The provincial governor shall receive and investigate complaints made under oath against municipal officers for neglect of duty, oppression, corruption, or other form of maladministration in office. For minor delinquency he may reprimand the offender; and if a more severe punishment seems to be desirable, he shall submit written charges touching the matter to the provincial board, furnishing a copy of such charges to the accused either personally or by registered mail, and he may in such case suspend the officer (not being the municipal treasurer) pending action by the board, if in his opinion the charge be one affecting the official integrity of the officer in question. Where suspension is thus effected, the written charges against the officer shall be filed with the board within five days. SEC. 2189. Trial of municipal officer by provincial board. —When written charges are preferred by a provincial governor against a municipal officer, the provincial board shall, at its next meeting, regular or special, set a day, hour, and place for the trial of the same and notify the respondent thereof; and at the time and place appointed, the board shall proceed to hear and investigate the truth or falsity of said charges, giving the accused official full opportunity to be heard in his defense. The hearing shall occur as soon as may be practicable, and in case suspension has been effected, not later than ten days from the date the accused is furnished or has sent to him a copy of the charges, unless the suspended official shall, on sufficient grounds, request an extension of time to prepare his defense. "The preventive suspension of a municipal officer shall not be for more than thirty days. At the expiration of the thirty days, the suspended officer shall be reinstated in office without prejudice to the continuation of the proceedings against him until their completion, unless the delay in the decision of the case is due to the fault, neglect, or request of the accused, in which case the time of the delay shall not be counted in computing the time 4 As amended by Section 1 of Act No. 3167. 5 Ibid.

Page  426 426 LOCAL GOVERNMENT IN THE PHILIPPINES of the suspension: Provided, That the suspension of the accused may continue after the expiration of the thirty days above mentioned in case of conviction until the Executive Bureau shall otherwise direct or the case shall be finally decided by said Bureau. SEC. 2190. Action by provincial board.6-If, upon due consideration, the provincial board shall adjudge that the charges are not sustained, the proceedings shall be dismissed; if it shall adjudge that the accused has been guilty of misconduct which would be sufficiently punished by reprimand, or further reprimand, it shall direct the provincial governor to deliver such reprimand in pursuance of its judgment; and in either case the official, if suspended, shall be reinstated. If in the opinion of the board the case is one requiring more severe discipline, and in case of appeal, it shall without unnecessary delay forward to the Chief of the Executive Bureau, within eight days after the date of the decision of the provincial board, certified copies of the record in the case, including the charges, the evidence, and the findings of the board, to which shall be added the recommendation of the board as to whether the official ought to be suspended, further suspended, or finally dismissed from office; and in such case the board may exercise its discretion to reinstate the official, if suspended. The trial of a suspended municipal official and the proceedings incident thereto shall be given preference over the current and routine business of the board. SEC. 2191. Action by Chief of Executive Bureau.7 -Upon receiving the papers in any such proceedings the Chief of the Executive Bureau shall review the case without unnecessary delay and shall make such order for the reinstatement, dismissal, suspension, or further suspension of the official, as the facts shall warrant, and shall render his final decision upon the matter within thirty days after the date on which the case was received. Disciplinary suspension made upon order of the Chief of the Executive Bureau shall be without pay. No final dismissal hereinunder shall take effect until recommended by the Department Head and approved by the Governor-General. SEC. 2192. Salary of officer pending suspension.A municipal officer suspended from duty pending an investigation of charges against him shall receive no pay 6 As amended by Section 1 of Act No. 3167. 7 Ibid.

Page  427 THE MUNICIPAL LAW 427 during such suspension; but upon subsequent exoneration or reinstatement, the Department Head may order the payment of the whole or part of the salary accruing during such suspension. SEC. 2193. Duty of provincial governor to order prosecution in certain cases.-Upon receiving information to the effect that any municipal officer is guilty of official misconduct involving criminal or civil liability of such character as to make advisable the institution of judicial proceedings, the provincial governor shall direct the provincial fiscal to institute such proceedings according to law. ART. V.-Municipal president. SEC. 2194. President as chief executive of municipality.-The president shall be the chief executive officer of the municipal government. As such it shall be his duty to exercise, in conformity with law, a general supervision over local administrative affairs in the municipality and to see that the laws and municipal ordinances are faithfully executed therein. He shall have the following duties: (a) He shall supervise the discharge of official duties by all subordinates. (b) He shall lend his assistance and give support to the provincial treasurer and his deputies in the collection of taxes and shall cooperate with the health authorities in the enforcement of sanitary laws and regulations in force in the municipality. (c) He shall issue orders relating to the police or to public safety, and orders for the purpose of avoiding conflagrations, floods and the effects of storms or other public calamities. (d) He shall preside at the meetings of the municipal council and shall recommend to said body from time to time such measures connected with the public health, cleanliness, or ornament of the municipality or the improvement of its finances as he shall deem expedient. (e) He shall attend such conventions of municipal presidents as may be lawfully called by the provincial board. SEC. 2195. Temporary disability of president.Upon the occasion of the absence, suspension, or other temporary disability of the municipal president, his duties

Page  428 428 LOCAL GOVERNMENT IN THE PHILIPPINES shall be discharged by the vice-president, or if there be no vice-president, by the councilor who at the last general election received the highest number of votes. SEC. 2196. Execution of deeds.-When the government of a municipality is party to a deed or an instrument which conveys real property or any interest therein or which creates a lien upon the same, such deed or instrument shall be executed on behalf of the municipal government by the president, upon resolution of the council, with the approval of the provincial governor. SEC. 2197. Authority of president to make preliminary investigations.-In case of the temporary absence of both the justice of the peace and the auxiliary justice from the municipality, town, or place wherein they exercise their jurisdiction, the municipal president shall make the preliminary investigation in criminal cases when such investigation can not be delayed without prejudice to the interests of justice. He shall make report of any preliminary investigation so made to the justice of the peace or to the auxiliary justice immediately upon the return of one or the other. He shall also have authority in such cases to grant bail to the accused in criminal proceedings brought in the justice court for such municipality, town or place. SEC. 2198. Copies of executive orders to be forwarded to provincial board.-Within thirty-six hours after the issuance of any executive order by the municipal president, the municipal secretary shall forward a correct copy thereof to the provincial board. Executive orders promulgated by the municipal president shall be numbered consecutively throughout the calendar year. SEC. 2199. Appointment of subordinate officers and employees in general.8-Except as otherwise provided, appointments to all non-elective positions in the municipal service shall be made by the municipal president by and with the consent of a majority of all the members of the council present. This requirement shall not, however, apply to the employment of laborers engaged for the performance of authorized work, nor to local employees or laborers whose duties are connected with health work and who shall be appointed by the chief local health officer, upon recommendation by the municipal president. 8 As amended by Section 5 of Act No. 3115

Page  429 THE MUNICIPAL LAW 429 SEC. 2200. Nominations to be made by president.Nominations to all places that may be filled by appointment of the president shall be by him submitted to the council at its first meeting after his assumption of office; and if a vacancy occurs in any such place during the term of office of the president, he shall submit a nomination therefor at the next regular meeting of the council. If a nomination should be rejected, the president shall submit the name of another nominee for the place at the next regular meeting of the council. SEC. 2201. Supervisory authority of president over subordinates.9-The president may at any time, for cause, suspend any nonelective officer or employee over whose position he has the power of appointment, for a period of not exceeding ten days, without pay, 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 discharge any such officer or employee. If a charge shall be brought in any court against any such subordinate for violating his official duty, the president shall have jurisdiction to suspend him, pending action on such violation by the municipal council; and, if a fine is imposed against such officer, it may be collected by withholding the requisite amount from such salary as is or may become due to him: Provided, That employees and laborers appointed by the chief local health officer as provided for in section twenty-one hundred and ninety-nine, shall not be removed by the chief local health officer without the approval of a majority of the municipal council concerned. SEC. 2202. Quarterly report on crop and live-stock conditions.-The president of each municipality shall, upon forms to be supplied by the Director of Agriculture, and in such detail as shall be required by him, make quarterly reports of the condition of agriculture and live stock in his municipality, and of such other matters as relate to the development of those interests. The report so made shall be submitted to the municipal council, and, if approved, a copy thereof shall be forwarded to the office of the provincial governor, a second copy to the representative from the district, a third copy to the Director of Agriculture, and a fourth copy shall be filed in the office of the municipal secretary. SEC. 2203. Annual report of president.-During the 9 As amended by Section 6 of Act No. 3115

Page  430 430 LOCAL GOVERNMENT IN THE PHILIPPINES month of December of each year the president 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 municipality within the current year. One copy of the report so prepared shall be forwarded to the provincial governor upon the first of the succeeding January or as soon thereafter as practicable. The other copy shall be submitted to the municipal council at its next meeting. ART. VI.-Vice-president. SEC. 2204. Vice-president as ex-officio member of council.-The vice-president shall be an ex-officio member of the council, with all the rights and duties of any other member, and there shall be assigned to him the barrio or district in which the municipal offices are situated. ART. VII.-Municipal treasurer. SEC. 2205. Appointment and removal of treasurer.The municipal treasurer shall be appointed.by the provincial treasurer, subject to the provisions of the Civil Service Law. The municipal treasurer may be removed from office by the provincial board for cause. SEC. 2206. Temporary disability of treasurer.Upon the occasion of the absence, suspension, or other disability of the municipal treasurer, the provincial treasurer shall designate some suitable person to discharge the duties of the office. SEC. 2207. Employees and clerks in office of municipal treasurer.-The municipal treasurer shall appoint the clerks and other employees necessary to aid him in the discharge of his duties, the number and salaries thereof being determined by the municipal council as in case of other employees. When it appears that the number or salaries of such clerks or employees are manifestly inadequate, it shall be within the power of the provincial board, on application, to increase the same. The municipal treasurer may, for cause, suspend from office without salary for not to exceed thirty days any employee thus appointed or, with the approval of the provincial treasurer, remove him from office. SEC. 2208. Duties of municipal treasurer.-The

Page  431 THE MUNICIPAL LAW 431 municipal treasurer shall be the financial officer of the municipality and with respect to the collection of revenue shall be ex-officio deputy of the provincial treasurer. The principal duties of the municipal treasurer shall be these: (a) He shall collect and receive all moneys due or accruing to the municipality and, except as otherwise specially provided, all other Government revenue collectible therein. (b) He shall give to every person paying money to him in his official capacity a proper receipt showing the date, the amount paid, the name of the person making payment, and the account upon which it was paid. (c) He shall keep a detailed account of all moneys received, and shall pay the same out or dispose thereof pursuant to lawful authority. (d) He shall, under the direction of the council, be the custodian of municipal property in general, including lands, buildings, and equipment, and shall keep a complete record thereof. (e)10 He shall, as deputy of the provincial treasurer, perform in the municipality such other duties not inconsistent with law as the provincial treasurer may assign to him. SEC. 2209. Misuse of public funds.-Municipal funds shall be kept by the municipal treasurer separate and distinct from his own money, and he shall not make profit out of public money or lend or otherwise apply it to any use not authorized by law. SEC. 2210. Inspection of municipal treasurer's accounts.-The books, accounts, papers, and cash of the municipal treasurer shall at all times be open to the inspection of the provincial treasurer or his deputy specially authorized for that purpose, and of the district auditor or his deputy, and at least once in every three months the office of each municipal treasurer shall be examined by the district auditor. For the purpose of making such examination he may use a special deputy of his own or a special deputy in the office of the provincial treasurer. SEC. 2211. Suspension of delinquent treasurer.-In case such an examination discloses a shortage in the cash which should be on hand or any misuse of the funds in 10 Added by Section 3 of Act No. 3211.

Page  432 432 LOCAL GOVERNMENT IN THE PHILIPPINES violation of section two thousand two hundred and nine hereof, it shall be the duty of the examining officer to seize the cash, books, accounts, and papers, verifying the amount of cash so seized in the presence of at least two municipal councilors or other municipal officers, who shall certify to the amount so seized. The provincial treasurer, shall thereupon suspend from office the municipal treasurer in default, and immediately take such action as may be warranted. The provincial treasurer shall treat the funds so seized as a municipal deposit in his accounts pending a decision of the matter or the appointment of a new municipal treasurer or an acting municipal treasurer duly qualified to receive said funds. ART. VIII.-Municipal secretary. SEC. 2212. Duties of secretary.-The municipal secretary shall be the clerk of the municipal council and shall perform such duties as the council shall by ordinance prescribe: (a) He shall be the custodian of the municipal archives. (b) He shall attend the meetings of the municipal council and shall keep a journal of its proceedings and a record of other acts of the municipal government. (c) He shall keep his office in the building where the municipal council meets, or at some place convenient thereto, as the council shall direct. (d) He shall keep a civil register for the municipality and shall record therein all births, marriages, and deaths, with their respective dates. In case of marriages, he shall further record the previous residences of the contracting parties, the name of the persons solemnizing the marriage and the names of the witnessess. In case of deaths, the causes of death shall be recorded when known. All entries in the civil register shall be made by the municipal secretary free of charge. (e)11 He shall, at the end of each quarter, send to the chief of the division of archives,12 certified copies of the civil register, containing entries of all the births, marriages, and deaths that have occurred during the quarter. (f) s He shall properly collect the copies of the Of11 Added by Section 1 of Act No. 3022. 12 One of the divisions of the Philippine Library and Museum. 13 Added by Section 1 of Act No. 3022.

Page  433 THE MUNICIPAL LAW 433 ficial Gazette received by him and claim in due time from the Bureau of Printing any missing numbers, and shall at the termination of his term of office be required to pay for any copies that may have disappeared. SEC. 2213. Issuance of certified copies of municipal records.-The municipal secretary 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 per one hundred words, the same to be paid into the munnicipal treasury. The records shall during usual business hours be open to inspection by all residents of the municipality and by all officers of the municipal, provincial, and Insular governments. SEC. 2214. Report of births and deaths.-Physicians and midwives residing within the limits of a municipality shall forward to the municipal secretary prompt 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. SEC. 2215. Report of marriages.-Every person resident within the limits of the municipality who is authorized by law to celebrate marriages shall immediately forward to the municipal secretary notification of every marriage which he celebrates together with the necessary data for properly recording said marriage in the civil register. Where forms are prescribed for such reports they shall be furnished at the expense of the municipality. ART. IX.-Municipal council-Its constitution and powers in general. SEC. 2216. Duties of councilor.-The members of the council shall participate in the exercise of the powers vested in the municipal council as a body and shall therein serve as the representative of the true interests of the people of the entire municipality. As an individual officer, the councilor shall exercise an immediate supervision over the barrio or district confided to his care; and it shall be his special duty to bring to the attention of the council the particular needs thereof. By means of suitable notices posted in a public and conspicuous place in each barrio under his care, he shall keep the inhabitants thereof informed as to the acts of

Page  434 434 LOCAL GOVERNMENT IN THE PHILIPPINES the council or other governmental measures which directly concern them. It shall be his further duty promptly to inform the president of any unusual or disturbing event occurring within his district. SEC. 2217. Assignment of barrios or districts to councilors.-The council shall define the limits of the barrios of the municipality, prescribing for them such boundaries that the barrios, taken collectively, shall include the entire territory of the municipality. If the number pf barrios is less than or equal to the number of councilors, the council shall put each of its members in immediate charge of a barrio or part of a barrio, so that each barrio shall be under the direction of one or more councilors. If the number of barrios exceeds the number of councilors, including the vice-president, the council may unite one or more barrios or parts of barrios into a district or districts, to be assigned in such manner as the proper distribution of the territory of the municipality shall require. SEC. 2218. Appointment of lieutenants and substitute lieutenants by councilors. ---Each councilor shall be empowered to appoint one lieutenant in each barrio or part of barrio under his immediate supervision. A lieutenant of barrio shall be a duly qualified elector, shall serve without compensation, and shall report directly to the councilor appointing him. Each councilor shall be empowered to appoint a substitute lieutenant, who shall be a duly qualified elector, for each barrio or part of barrio under his immediate supervision, to take the place of the lieutenant of such barrio, or part of barrio, during his temporary absence or inability to perform his duties. SEC. 2219. Duties of lieutenant. —The lieutenant, or in his absence or inability the substitute lieutenant of barrio, shall assist the councilor in the performance of his ministerial duties in such barrio, or part of barrio, to which he is assigned. The term of his office shall be that fixed in his appointment. The councilor may, for cause, suspend or dismiss the lieutenant of barrio from his office with the advice and consent of the municipal council. SEC. 2220. Regular and special meetings of council. -The municipal council shall prescribe the time and place of holding its meetings. Regular meetings shall be held once in every two weeks and special meetings,14 not to 14 As amended by Section 4 of Act No. 3261.

Page  435 THE MUNICIPAL LAW 435 exceed twenty-four annually, may be held whenever there is real necessity for them. Any meeting, regular or special, may, in case the amount of business shall require, be adjourned from day to day until the business is completed. The president, or any two members of the council, may call a special meeting by giving written notice of it to each member of the council, which notice shall be served personally or left at his usual place of abode. SEC. 2221. Quorum of council-Enforcing attendance of absent members.-The majority of the council elected shall constitute a quorum to do business; but when a quorum is lacking a majority of those in actual attendance may adjourn from time to time and may enforce the immediate attendance of any member absent without good cause by issuing to the munipical police an order for his arrest and production at the session; or they may impose a fine upon him in such amount as shall have been previously prescribed by ordinance. SEC. 2222. Public sessions-Closed sessions.-The regular sessions or meetings of the municipal council shall be public and the person presiding has the authority to exact from all present due respect and proper deportment, to prevent disturbances and disorder, and to order the room cleared of any or all present who give reason for such action by improper behavior. The council may hold special sessions with closed doors to consider and vote upon appointments submitted to it by the president. SEC. 2223. Rules of procedure-Suspension or expulsion of member.-The municipal council shall determine its own rules of procedure, punish its members for disorderly conduct, and, with the concurrence of two-thirds of the members, the council may suspend or, subject to the approval of the provincial board, may expel a member for cause. SEC. 2224. Journal of proceedings-Majorities necessary for transaction of business.-The council shall keep a journal of its own proceedings. The ayes and noes shall be taken upon the passage of all ordinances, upon all propositions to create any liability against the municipality, and upon any other proposition upon the request of any member, and they shall be entered upon the journal. The affirmative vote of a majority of all the members of the municipal council shall be necessary to the passage of any

Page  436 436 LOCAL GOVERNMENT IN THE PHILIPPINES ordinance or of any proposition creating indebtedness; but other measures, except as otherwise specially provided, shall prevail upon the majority vote of the members present at any meeting duly called and held. The journal of the council shall be signed by both the presiding officer and the secretary. SEC. 2226. Restriction upon right of president to vote in council.-The president, as presiding officer of the council, shall have no right to vote, except in case of a tie. SEC. 2226. Nominations to be passed upon at first meeting.-At the first regular meeting after the election and qualification of a new president, the council shall pass on his nominations to non-elective municipal offices and shall prescribe the duties of all appointed officers and employees when not determined by law. SEC. 2227. Ordinances of council.-Legislative acts passed by the municipal council in the exercise of its lawmaking authority shall be denominated ordinances. SEC. 2228. Numbering of ordinances and resolutions.-Ordinances and resolutions of the council shall be numbered consecutively throughout the calendar year. SEC. 2229. Approval of ordinances by presidentVeto power.-Except as hereinbelow provided, ordinances and resolutions passed by the municipal council shall be approved and signed by the president. If he shall consider any such ordinance or resolution prejudicial to the public welfare he may veto it by signifying to the council his disapproval thereof in writing; but the council may, by a two-thirds' vote of all its members, pass an ordinance or resolution over the veto of the president, in which case it shall be valid without his approval or signature. If the president shall not either approve or veto an ordinance or resolution within five days after its passage, it shall likewise be valid without his approval or signature. SEC. 2230. Time of taking effect of ordinancePosting of ordinance.-Every ordinance shall go into effect on the tenth day after its passage, unless the ordinance shall provide that it shall take effect at an earlier or a later date. The ordinance on the day after its passage shall be posted by the municipal secretary at the main entrance of the municipal building. He shall certify to the fact of posting and shall spread his certificate upon the minutes of the council, but failure to post an ordinance shall not invalidate the same.

Page  437 THE MUNICIPAL LAW 437 SEC. 2231. Translation of ordinance into native dialect.-The municipal council may, if it deems the same to be advisable, order the municipal secretary to have the ordinances, after their passage, translated into the dialect used by the majority of the people, and posted as translated into such dialect, at the main entrance of the municipal building and in other frequented public places in the center of the town and its barrios. SEC. 2232. Copies of resolutions and ordinances to be forwarded to provincial board.-Within thirty-six hours after a session of the council, the municipal secretary shall forward to the provincial board a correct copy of each resolution and approved ordinance passed at such session. When an ordinance has not been approved by the president within such time, the copy shall thereafter be forwarded immediately upon approval, or, in case of an ordinance passed over the president's veto, immediately upon such passage. When an ordinance authorizes or necessitates the collection of municipal revenue an additional copy shall at the same time be forwarded to the provincial treasurer. SEC. 2233. Provincial board to pass on legality of municipal proceedings.-Upon receiving copies of resolutions and ordinances passed by municipal councils and of executive orders promulgated by municipal presidents, the provincial board shall examine the documents or transmit them to the provincial fiscal, whose duty it shall thereupon become to examine the same promptly and inform the provincial board of any defect or impropriety which he may discover therein, and make such other comment or criticism as shall appear to him proper. If the board should in any case find that any resolution, ordinance, or order, as aforesaid, is beyond the powers conferred upon the council or president making the same, it shall declare such resolution, ordinance, or order invalid, entering its action upon the minutes and advising the proper municipal authorities thereof. The effect of such action shall be to annul the resolution, ordinance, or order in question, subject to action by the Chief of the Executive Bureau as hereinafter provided. SEC. 2234. File to be kept by provincial governor.After the same have been passed upon by the provincial board, all municipal resolutions, ordinances, and executive. orders shall be filed with the provincial governor, who. shall keep a complete file of the same conveniently ar

Page  438 438 LOCAL GOVERNMENT IN THE PHILIPPINES ranged in consecutive order by municipalities for reference, which shall be open for public inspection, and in case the municipal secretary neglects or omits to forward any such, the provincial governor shall immediately demand a copy. Repeated negligence in forwarding resolutions, ordinances, or executive orders, as aforesaid, shall be cause for suspension and removal of the officer so offending. SEC. 2235. Appeal from action of provincial board. -Should the council of any municipality be dissatisfied with the decision of the provincial board, an appeal may be taken by a two-thirds' vote of the council to the Chief of the Executive Bureau, who shall decide the same question which was presented to the provincial board and either affirm or reverse the decision of the provincial board. The president concerned may likewise appeal from the decision of the provincial board annulling an executive order. If the decision of the provincial board is affirmed, the ordinance, resolution, or executive order involved shall be null and void. If, however, he shall reverse the decision of the provincial board, then and in that case notice of his decision shall be given to the provincial board and to the council of the municipality appealing, and upon receipt of notice by the appellant, the ordinance, resolution, or executive order shall be revived and come into force again. Pending the decision on appeal from a decision of the provincial board annulling any ordinance, resolution, or executive order, the same shall have no force or effect. SEC. 2236. Judicial authority to determine validity of municipal proceedings.-Nothing contained in either of the three last preceding sections hereof shall be construed to deprive any judicial tribunal of power to hold void for want of statutory authority any act, ordinance, or resolution of a municipal council or executive order of a municipal president the validity of which shall be involved in any cause arising before such tribunal, without respect to the decision of the executive authorities. SEC. 2237. Attempt to enforce void or suspended resolution, ordinance, or order. —Any attempt to enforce any ordinance, resolution, or executive order, after the disapproval or suspension thereof is brought to the attention of the municipal council or municipal president, as the case may be, shall be sufficient ground for the dismissal of the officer or officers attempting to enforce the same.

Page  439 THE MUNICIPAL LAW 439 SEC. 2238. General power of council to enact ordinances and make regulations.-The municipal council shall enact such ordinances and make such regulations, not repugnant to law, as may be necessary to carry into effect and discharge the powers and duties conferred upon it by law and such as shall seem necessary and proper to provide for the health and safety, promote the prosperity, improve the morals, peace, good order, comfort, and convenience of the municipality and the inhabitants thereof, and for the protection of property therein. SEC. 2239. Power of council to prescribe penalties for violations of ordinances.-It shall be competent for a municipal council to prescribe fines or penalties for violations of its ordinances; but no penalty so fixed shall exceed a fine of two hundred pesos or imprisonment for six months, or both. Persons undergoing imprisonment for violation of ordinances may be required to labor for the period of imprisonment upon public works of the municipality in such manner as may be directed by the municipal council. SEC. 2240. Subsidiary imprisonment for nonpayment of fine.-Imprisonment shall be imposed in lieu of unpaid fines at the rate of one day's imprisonment for each peso of the fine. Where a person is imprisoned for nonpayment of a fine he shall be released upon payment of such fine, less one peso per day for each day that he has been confined. SEC. 2241. Submission of questions to provincial fiscal.-When the council is desirous of securing a legal opinion upon any question relative to its own powers or the constitution or attributes of the municipal government, it shall frame such question in writing and submit the same to the provincial fiscal for decision. SEC. 2242. Certain legislative powers of mandatory character.-It shall be the duty of the municipal council, conformably with law: (a) To fix the salaries of all municipal officers and employees except the treasurer and teachers in the public schools, and to provide for such expenditures as are necessary in the proper conduct of the lawful activities of the various branches of the municipal government. (b) To provide a municipal building adequate for the municipal offices, and other buildings required for municipal uses, including schoolhouses.

Page  440 440 LOCAL GOVERNMENT IN THE PHILIPPINES (c) To provide for the levy and collection of municipal taxes and for the collection of all fees and charges constituting lawful sources of municipal revenue or income. (d) To establish and maintain an efficient police department and an adequate municipal jail or prison: (e) To regulate the construction, care, and use of streets, sidewalks, canals, wharves and piers in the municipality, and prevent and remove obstacles and encroachment on the same. (f) To construct and keep in repair bridges and viaducts, and regulate the use of the same. (g) To regulate the selling, giving away, or dispensing of intoxicating malt, vinous, mixed, or fermented liquors at retail. (h) To declare and abate nuisances. (i) To restrain riots, disturbances, and disorderly assemblages. (j) To prohibit and penalize intoxication, fighting, gambling, mendicancy, prostitution, the keeping of disorderly houses, and other species of disorderly conduct or disturbance of the peace. (k) To provide for the punishment and suppression of vagrancy and the punishment of any person found within the town without legitimate business or visible means of support. (I) To suppress and penalize cruelty to animals. (m) To prohibit the throwing or depositing of filth, garbage, or other offensive matter in any street, alley, park, or public square; provide for the suitable collection and disposition of such matter and for cleaning and keeping clean the streets, alleys, parks and other public places of the municipality. (n) To regulate the keeping and use of animals, in so far as the same may affect the public health and the health of domestic animals. (o) To require any land or building which is in an insanitary condition to be cleansed at the expense of the owner or tenant, and, upon failure to comply with such an order, have the work done and assess the expense upon the land or buildings. (p) To construct and keep in repair public drains,

Page  441 THE MUNICIPAL LAW 441 sewers, and cesspools, and regulate the construction and use of private water-closets, privies, sewers, drains, and cesspools. (q) To establish or authorize the establishment of slaughterhouses and markets, and inspect and regulate the use of the same. (r) To provide for and regulate the inspection of meat, fruits, poultry, milk, fish, vegetables, and all other articles of food. (s) To adopt such other measures, including internal quarantine regulations, as may from time to time be deemed desirable or necessary to prevent the introduction and spread of disease. SEC. 2243. Certain legislative powers of discretionary character.-The municipal council shall have authority to exercise the following discretionary powers: (a) To suspend or remove, for cause, officers or employees appointed by the president, two thirds of all the members of the council concurring. (b) To make provision for the care of the poor, the sick, or persons of unsound mind. (c) To establish fire limits in populous centers, prescribe the kind of buildings that may be constructed within them, and issue permits for the erection thereof. (d) To provide for the numbering of houses and lots; the naming of streets, avenues, and other public places and, subject to the approval of the provincial board, the changing of the names thereof; and for the lighting of streets, and the sprinkling of the same.15 (e) To establish and maintain municipal roads, streets, alleys, sidewalks, plazas, parks, playgrounds, levees, and canals. (f) To supply a suitable building for a post-office and provide for the collection and delivery of mail, when it is impracticable for the Bureau of Posts to make provision for these matters. (g) To regulate the keeping of dogs, and authorize the killing or impounding of the same when found at large contrary to ordinance. (h) To require the owners of sheep, goats, swine, or large cattle to keep such animals from moving, running, 15 As amended by Section 1 of Act No. 3019.

Page  442 442 LOCAL GOVERNMENT IN THE PHILIPPINES or being at large except when in charge of some person of sufficient discretion. (i) To regulate cockpits, cockfighting and the keeping or training of fighting cocks, or prohibit either. (j) To regulate garages and stables and the keeping of carriages, carts, and other conveyances for hire; and to designate stands to be occupied by public vehicles when not in use. (k) To regulate cafes, restaurants, hotels, inns, and lodging houses. (1) To regulate or prohibit public dancing schools, public dance halls, and horse races. (m) To regulate public billiard tables, or billiard rooms, theatrical performances and circuses. (n) To regulate the establishment and provide for the inspection of steam boilers within the municipality. (o) To regulate the use of water courses within the municipality. (p) To provide for the impounding of animals found at large contrary to law or ordinance and for the sale of such animals in satisfaction of poundage fees or any penalty incurred and cost of proceedings, or for such other disposition thereof as may be sanctioned by law. (q) To regulate any business or occupation subject to a municipal license tax and to prescribe the conditions under which municipal licenses may be revoked. (r)16 To regulate and fix the license fees for signs, sign-boards, and bill boards displayed or maintained in any place exposed to public view except those displayed at the place or places where the profession or business advertised thereby is in whole or part conducted. (r)17 To enact an ordinance empowering the municipal president to grant, subject to the requirements of the service, to any appointed municipal officer or employee, including the secretary, twelve days' vacation leave of absence with full pay, which must be taken during the year in which earned: Provided, That such vacation leave of absence shall only be granted after at least one year of continuous, faithful, and satisfactory service. 16 Added by Section 3 of Act No. 2819. 17 Added by Section 5 of Act No. 3087. Evidently this was meant as subsection (s).

Page  443 THE MUNICIPAL LAW 443 SEC. 2243. (A) S Restrictive provisions. - No commercial sign, signboard, or billboard shall be erected or displayed on public lands, premises, or buildings. If after due investigation, and having given the owners an opportunity to be heard, the municipal president shall decide that any sign, signboard, or billboard displayed or exposed to public view is offensive to the sight or is otherwise a nuisance, he may order the removal of such sign, signboard, or billboard, and if same is not removed within ten days after he has issued such order he may himself cause its removal, and the sign, signboard, or billboard shall thereupon be forfeited to the municipality, and the expenses incident to the removal of the same shall become a lawful charge against any person or property liable for the erection or display thereof. SEC. 2244. Requirement of permits for certain pursuits.-In the exercise of regulative authority, the municipal council may require that a person engaged in any business or occupation herein below mentioned shall obtain therefor a municipal permit: Manufacturing or boiling varnish or oil; boiling fat, tallow, or lard; manufacturing lampblack, glue, fertilizer, turpentine, tar, or charcoal; tanning or dressing hides or skin; manufacturing bricks, pottery, or lime; crushing, grinding, or burning stones, bones, or shells; storing bones, hides or feathers; drying or curing fish; making lye or soap; manufacturing matches; storing combustible or explosive materials; dealing in second-hand clothes or furniture; maintaining of stock yards; or the conducting of any other business of an unwholesome, obnoxious, offensive, or dangerous character. A reasonable fee, in no case to be in excess of ten pesos per annum, may be charged for such permit; and the conditions under which the business in question shall be conducted may be specified therein or otherwise determined by the council. A provincial board may in its discretion abolish or reduce any fee imposed under the author. ity of this section. SEC. 2245. Exercise of power of eminent domain.Subject to the approval of the Department Head, a municipal council shall have the power to exercise the right of eminent domain over property and to authorize the institution of proceedings for the condemnation of the same according to law, for any of the following purposes; the - 18 Added by Section 4 of Act No. 2819.

Page  444 444 LOCAL GOVERNMENT IN THE PHILIPPINES construction or extension of roads, streets, sidewalks, bridges, ferries, levees, wharves, or piers; the construction of public buildings including school houses, and the making of improvements in connection therewith; the establishment of parks, playgrounds, plazas, market places, artesian wells, or systems for the supply of water; and the establishment of cemeteries, crematories, drainage systems, cesspools, or sewage systems. SEC. 2246. Authority to close thoroughfare.-With the prior authorization of the Department Head, a municipal council may close any municipal road, street, alley, park, or square; but no such way or place aforesaid, or any part thereof, shall be closed without indemnifying any person prejudiced thereby. Property thus withdrawn from public servitude may be used or conveyed for any purpose for which other real property belonging to the municipality might be lawfully used or conveyed. SEC. 2247. Restriction upon measures relative to sanitation.-Ordinances, regulations, and orders enacted or promulgated by a municipal council in the exercise of authority over matters of sanitation shall not be inconsistent with the regulations of the Philippine Health Service. SEC. 2248. Aid to Insular and provincial charitable institutions.-With the approval of the Department Head, a municipal council may make appropriations for the use of Insular and provincial institutions of a charitable, benevolent, or educational character, such appropriations to be made only from funds which would be available if the institution or institutions to be assisted were maintained by the municipality. ART. X.-Municipal schools and aid for municipal students. SEC. 2249. Municipal schools.-It shall be the duty of the municipal council to establish and maintain primary schools in the municipality, to be conducted as a part of the public-school system in conformity with the provisions of the School Law. SEC. 2250. Special and professional schools.-After adequate provision has been made for the primary schools of a municipality, the council may establish and maintain intermediate, secondary, or professional schools; and with the approval of the Director of Education, reasonable tui

Page  445 THE MUNICIPAL LAW 445 tion fees may be charged for instruction in such institutions. SEC. 2251. Cooperation of municipalities in maintenance of school giving intermediate instruction.-Where the number of pupils eligible for intermediate instruction in any municipality is not sufficient to justify the maintenance by it of a school giving intermediate instruction or where the municipal funds are insufficient to make adequate provision therefor, the municipal council may, with the approval of the Director of Education, cooperate with the authorities of any other municipality or municipalities in the same province in the maintenance of such a school. SEC. 2252. Support of students attending school in other municipality.-When a public school giving secondary instruction is not maintained in a municipality, the council may provide for the expenditure from the school fund, or general funds not otherwise appropriated, of not more than forty pesos per month during the school year, to be used in equal parts toward the support of two residents of the municipality while receiving training for positions as public-school teachers in the municipality at any public secondary school established under the Department of Public Instruction. The persons thus supported shall be one young man and one young woman, whose respective ages shall not be less than fifteen nor more than twenty-five years, and whose parents are not able to pay their expenses while attending schools of secondary instruction. They shall be appointed by the president from a list recommended by the division superintendent of schools, by and with the consent of the majority of all the members of the council, subject to confirmation, after one month's attendance, by the principal of the school in which they are appointed to receive instruction. SEC. 2253. Maintenance of night schools.-Municipal councils shall have authority to appropriate at the beginning of each year a certain sum out of the school funds for the maintenance of night schools in English, under the following conditions: (a) That one hundred pupils at least, with the assent of the school superintendent of the province, petition the municipal council for their creation. (b) That the monthly salary of any teacher who is

Page  446 446 LOCAL GOVERNMENT IN THE PHILIPPINES to attend and teach in said schools shall not be greater than twenty pesos. The superintendent shall appoint a teacher for each school, giving preference to the public school teachers of each municipality, and shall fix the salary in accord with the respective municipal council and subject to the limitation contained in paragraph (b) above. SEC. 2254. Travel expense of teachers attending summer schools.-Municipal councils may provide for defraying the necessary travel expenses of municipal teachers who are required to attend a normal institute or vacation assembly at Manila, Baguio, or a provincial capital or other place in the province designated by the superintendent. SEC. 2255. Support of students attending special schools.-A municipal council may provide for the payment of not to exceed forty pesos per month during the school year for each person appointed, as herein below provided, to receive in the Philippine Normal School, the Philippine School of Arts and Trades, the Philippine School of Agriculture, or any other Insular school, special training for the teaching of the academic branches, domestic science, agriculture, or arts and trades. SEC. 2256. Mode of appointment and qualifications of students.-The total number of students so appointed shall not exceed four from any one municipality. They shall be appointed, by the municipal president, by and with the consent of the majority of all the members of the council, from a list of eligibles certified to the president by the division superintendent of schools, and by him recommended for such appointment. Only those who have satisfactorily completed and been graduated from the prescribed intermediate course of instruction and are not less than seventeen nor more than thirty years of age, or municipal or Insular teachers of the municipality who have held office for two consecutive years at least shall be eligible for appointment as special municipal students in the Philippine Normal School or in the Philippine School of Agriculture; and only those who have satisfactorily completed the first year of the prescribed intermediate course of instruction and are not less than seventeen nor more than thirty years of age shall be eligible for appointment as special municipal students in the Philippine School of Arts and Trades.

Page  447 THE MUNICIPAL LAW 447 SEC. 2257. Agreement to teach in municipality.Each student appointed as above provided shall be required by the municipal president to sign an agreement to the effect that, upon the termination of his studies pursued according to the terms of his appointment and agreement, he will return to the municipality appointing and maintaining him as a special student and accept an appointment either as a municipal or as an Insular teacher in said municipality, and faithfully perform the duties relative thereto for such salary as may be fixed by competent authority, for a period of time equal to that spent by him in study at the expense of the municipality from which he is appointed. ART. XI.-Municipal police. SEC. 2258. Constitution of police force of municipality.-In each municipality there shall be a chief of police and such number of policemen as the council, with the approval of the provincial board shall determine. All members of said force shall be peace officers. It shall be their duty to preserve order and exercise vigilance in the prevention of public offenses. They shall exercise the general power to make arrests and seizures according to law. SEC. 2259.19 Appointment of members of police force.-The chief of police and other members of the force shall be appointed by the president, with the consent of the municipal council. In case of disagreement between the president and the municipal council regarding the appointment of the chief of police, if such disagreement extends over more than three months after the submission of the nomination by the president, the provincial board shall take action and decide such disagreement, and its decision shall be final. Eligibility to appointment on the police force, either as officer or private, is governed by section two thousand two hundred and seventy-one; and the tenure of all persons in said force, by section two thousand two hundred and seventy-two hereof. SEC. 2260. Regulations for governance of municipal police.-The Chief of Constabulary, with the approval of the Department Head, shall prepare and promulgate general regulations for the good government, discipline, and 19 As amended by Section 1 of Act No. 3144.

Page  448 448 LOCAL GOVERNMENT IN THE PHILIPPINES inspection of the municipal police, compliance wherewith shall be obligatory for all members of the organization. These regulations shall be translated into Spanish. Each municipal council, with the approval of the provincial board, may issue supplementary regulations, not incompatible with law or the general regulations, for the governance of the local force. SEC. 2261. Uniforms, insignia, and equipment.The Chief of Constabulary, with the approval of the Department Head, shall prescribe the uniforms, insignia, and equipment of municipal police. These shall be alike in all municipalities and shall differ from those of the Philippine Constabulary and of the United States Army. SEC. 2262. Arms to be used by police.-The Chief of Constabulary, subject to the approval of the Head of Department, shall also prescribe the kind of arms to be used by the police; and upon requisition by resolution of a municipal council duly approved by the provincial board, he shall issue to the said municipal council as many fire arms as may be requested, not exceeding in any case the number of members of the municipal police including the chief, the make, model and caliber thereof to be determined by the Chief of Constabulary. In his discretion the Governor-General may suspend the operation of this section in the case of any municipality when the public interest warrants such action. SEC. 2263. Expense of equipment.-Each municipality shall, at its own expense, provide all necessary police equipment, including arms, uniforms, and insignia, in conformity with the specifications of the Chief of Constabulary; but the uniform and insignia of the chief of police shall be supplied by himself. SEC. 2264. Loss of arms or other equipment.-The chief of police shall be the proper custodian of all police arms not issued to individual policemen for use and shall be responsible therefor. Individual policemen shall be responsible for arms issued to them for use, as well as for their uniforms, insignia, or other equipment. Losses of such articles shall, in all cases, be made good by the person herein declared to be responsible therefor. SEC. 2265. Examining board.-There shall be in each province a municipal-police examining board to be

Page  449 THE MUNICIPAL LAW 449 composed of the provincial commander20 of Constabulary, a member of the provincial board, and a municipal president, the two last of whom shall be appointed by the provincial governor. The provincial commander shall act as chairman and the member of the provincial board shall act as secretary of the examining board. The appointive members of the examining board shall receive their actual and necessary travel expense from their places of residence to the place where an examination is held, and vice versa. The member of the provincial board shall also receive his lawful per diem for each day of session of the examining board. These expenses shall be paid from provincial funds. SEC. 2266. Time for holding examinations.-An examination for admission to the police service shall be held in each province during the month of January of every year; and it shall be the duty of each secretary, by authority of his board and at such time as it shall determine, to give public notice of the place, day, and hour therefor. SEC. 2267. Examination manual.-The Chief of Constabulary, with the approval of the Department Head, shall prepare and promulgate an examination manual, prescribing therein the manner in which examinations shall be conducted, the subjects which shall be the basis of examination, and the standards which must be attained in them. SEC. 2268. Qualifications for service examination.To be eligible for such examination, a candidate shall have the following requirements: (1) Be a native of the Philippine Islands; (2) Be from twenty-one to forty years of age; (3) Be a person of good habits; (4) Be of sound physical constitution; (5) Not suffer from any contagious disease; (6) Have no criminal record; (7) Have not been expelled or dishonorably discharged from any civil or military employment; (8) Be able to write and read English or Spanish; and 20 Designation changed from Senior Inspector to Provincial Commander.

Page  450 450 LOCAL GOVERNMENT IN THE PHILIPPINES (9) Have a perfect reading and writing knowledge of the vernacular. SEC. 2269. Certification of physical proficiency.No person shall be permitted to take the service examination except after due certification of physical proficiency, unless the examining board, in its discretion and for good cause, waives this requirement, in which case the physical examination may be made later. But no name shall be placed upon any eligible list until such certificate is forthcoming. The physical examination shall be made by the district health officer or municipal physician or physicians to whom the chairman of the board shall give the proper orders designating the day and hour when said examination is to take place. SEC. 2270. Eligible lists.-The examining board shall keep a record of the names, residences, and examination grades of the residents of each municipality who have satisfactorily passed the service examination and who are not otherwise disqualified for police service. Such record shall constitute the eligible list of the particular municipality. A similar general list shall be kept containning the names of all eligibles throughout the province. Copies of both lists shall be furnished to each municipality in the province. SEC. 2271. Appointments to be made from lists of eligibles.-Appointments to the police force shall in all cases be made from the municipal list of eligibles, if persons are found on said list who desire to serve, otherwise from the general list. Persons who voluntarily leave the service and who desire to reenter may, within one year be again appointed without further examination. SEC. 2272. 21Suspension and removal of members of municipal police.-Members of the municipal police shall not be removed and, except in cases of resignation, shall not be discharged except for misconduct or incompetency, dishonesty, disloyalty to the United States or Philippine Government, serious irregularities in the performance of their duties, and violation of law or duty, and in such cases charges shall be preferred under oath by the municipal president or by any other person and investigated by the municipal council, or a committee of three councilors de21 As amended by Act No. 3206.

Page  451 THE MUNICIPAL LAW 451 signated for said purpose by a majority of the council, in public hearing, and the accused shall be given opportunity to make their defense. In every case filed against a member of the municipal police, a copy of the charges shall be furnished the accused by the municipal president personally or by registered mail, within five days from the date of the filing of the charges, and the council or its committee shall try the case within ten days from the date the accused has been notified of the charges, unless the accused, for good reasons, shall ask for a longer period to prepare his defense. The trial of the case shall be finished within a reasonable time and if it is tried by a committee, the same shall submit its report and findings to the council within ten days after the conclusion of the trial, and the council shall decide the case within fifteen days from the receipt of the report of the committee. If the trial is conducted by the council itself, it shall decide the case within fifteen days after the conclusion of the trial. The decision of the council shall in all cases be appealable to the provincial board. The appellant shall exercise this right by filing with the municipal president a written appeal within fifteen days from the date he has been notified of the decision, and if within this period no appeal is taken, the decision shall stand final. In case of appeal, the municipal president shall forward the case with all its records to the provincial board within twenty days from the receipt by him of the appeal, and the provincial board shall investigate the case anew and render decision thereon within thirty days from the receipt of the records of the case and its decision shall be final and conclusive. When charges are filed against a member of the police under this section, the municipal president may suspend the accused, said suspension as well as the suspension the municipal president is bound to decree under section eight hundred and thirty-five of the Administrative Code, shall not be longer than thirty days. If, during this period of thirty days, the case shall not have been decided finally, the accused, if he is suspended, shall ipso facto be reinstated in office without prejudice to the continuation of the case until its final decision, unless the delay in the disposition of the case is due to the fault, negligence, or petition of the accused, in which case the period of the delay shall not be counted in computing the period of suspension herein provided. When a chief or member of the municipal police is accused in court of any felony or violation of law by the

Page  452 452 LOCAL GOVERNMENT IN THE PHILIPPINES provincial fiscal, the municipal president shall immediately suspend the accused from office pending final decision of the case by the courts and, in case of acquittal, the accused shall be entitled to payment of the entire salary he failed to receive during his suspension if the court should so provide in its sentence. Failure to observe the provisions of this section shall subject the authorities concerned to such disciplinary action as may be imposed by the Chief of the Executive Bureau, who may also issue such order in the case as would bring about the immediate termination of the proceedings against the accused. 22 SEC. 2273. Salaries of members of police force.Chiefs of police shall receive pay at a rate, to be fixed by the municipal council, of not more than two hundred pesos per month; other members of the force shall receive pay at a rate of not more than fifty pesos per month to be fixed in the same mannner. SEC. 2274. Reimbursement of expenses of policeman going beyond municipal limits.-All members of the municipal police required to absent themselves from the municipality on official business shall be entitled to reimbursement of necessary expenses supported by the proper vouchers. SEC. 2275. Requirement of police service or patrol duty from male residents.-When the province or municipality is infested with outlaws, the municipal council, with the approval of the provincial governor, may authorize the municipal president to require able-bodied male residents of the municipality, between the ages of eighteen and fifty years, to assist, for a period not exceeding five days in any one month, in apprehending outlaws or other lawbreakers and suspicious characters, and to act as patrols 22 Sections 3 and 4 of Act No. 3206, referring to Municipal Police and which have not been embodied in the Administrative Code of 1917, follow: SEC. 3. Salary during suspension of a member of municipal police.-A member of the municipal police suspended from duty pending investigation of the charges against him shall receive no pay during such suspension, but, upon subsequent exoneration or reinstatement, the council may order the payment of the whole or part of the salary accruing during the suspension. SEC. 4. Saving clause.-The provisions of section twenty-one hundred and eighty-eight of the Administrative Code as amended by Act Numbered Thirty-one hundred and sixty-seven, section twenty-two hundred and one and section twenty-two hundred and forty-three, paragraph (a), shall not apply to chiefs and members of the municipal police.

Page  453 THE MUNICIPAL LAW 453 for the protection of the municipality, not exceeding one day in each week. Nothing herein contained shall authorize the municipal president to require such service of officers or men of the Army and Navy of the United States, civil employees of the United States Government, officers or employees of the Insular Government, or the officers or servants of companies or individuals engaged in the business of common carriers on sea or land, or priests, ministers of the gospel, physicians, practicantes, druggists, or practicantes de farmacia actually engaged in business, or lawyers when actually engaged in court proceedings. SEC. 2276. Requirement of report from householders concerning persons sojourning with them.-When the province or municipality is infested with outlaws, the municipal council with the approval of the provincial governor, may further require each householder of any municipal center or of any barrio of the municipality to make prompt report to the municipal president or municipal councilor of the barrio, as the case may be, of the name, residence, and description of any person not a resident of such municipal center or barrio who may enter the house of such householder or receive shelter or accommodations therein. The report made to the municipal councilor of the barrio shall be transmitted by such councilor within twenty-four hours after its receipt to the municipal president. ARTICLE XII.-Protection against fire. SEC. 2277. Police force constituting fire department -Discipline.-In all municipalities having no paid fire department it shall be the duty of all officers and members of the police force to act as firemen, and the police force of each such municipality shall constitute a fire department and be regularly instructed, exercised, and trained in the duties and work of firemen by its officers under the direction and supervision of the municipal president, with such assistance as he may require from the municipal councilors. The entire police force, as such fire department, shall be drilled in its practical duties not less than once in each week or as much oftener as may be necessary to reach and maintain proficiency in its duties and the use of the apparatus furnished for its use. Such department shall be regularly inspected as to drill, equipment, and efficiency by the provincial governor upon his semiannual visits to the municipalities.

Page  454 454 LOCAL GOVERNMENT IN THE PHILIPPINES SEC. 2278. Provision for fire-fighting apparatus.Each municipality shall provide equipment and apparatus for protection against fire which shall at no time consist of less than twenty-four fire buckets, twelve ladders of suitable lengths, six ropes with hooks attached, of suitable size and length, twenty-four bolos, twelve axes, and one two-man crosscut saw, and such additional or other apparatus as may be considered necessary by the municipal council and approved by the provincial board. All apparatus shall be kept in such place or places as may be designated by the municipal council, where it shall be conveniently available and shall be kept and maintained in order and constant readiness for instant use. Such apparatus shall not be used except in case of fire or fire drills. Whenever the size or importance of any barrio shall demand fire apparatus similar in kind and amount to that above prescribed, it may be furnished by the municipality and kept in such barrio, as above prescribed. The provincial board may require any municipality to purchase and provide for the maintenance of such additional apparatus as it may deem necessary. SEC. 2279. Auxiliary volunteer firemen. - The municipal council may provide for the enrollment and training of auxiliary firemen among the able-bodied male residents of the municipality, in a number not to exceed that of the police of the municipality, who shall be entitled to the privilege granted by this section, and where the number of the police is less than ten, a number of volunteer firemen not to exceed ten may be appointed. Such volunteers shall, upon joining, obligate themselves to attend fire drills of not less than one hour at least once a week and to report to their officers immediately in case of fire and to obey the lawful orders of such officers at all drills and fires. They shall be divided into subdivisions and attached, by the chief of police, for drill and fire purposes to the divisions or subdivisions of the police force nearest their respective residences. They shall, while members of such department, be supplied with appropriate metal badges of membership, which shall remain the property of the municipality. Should fire helmets or uniforms be provided for the fire department by the municipality, they shall be supplied therewith for use while in such service, and they may, should they desire, purchase the same for their individual use at cost. The commanding officer of each division or subdivision shall keep a record of the attendance at drills and

Page  455 THE MUNICIPAL LAW 455 fires of each volunteer in his command and at the end of each calendar year shall issue to each such volunteer who has attended seventy-five per centum of all drills and fires during the year, a certificate showing such fact and that he has drilled at least one hour at each drill attended, and such certificate, when presented to the provincial treasurer, or his deputy in the municipality, shall entitle the person named therein to be paid, from the funds of the municipality, a sum equal to the amount paid by such person as cedula tax for the year covered by said certificate. SEC. 2280. Social organization.-Auxiliary volunteer firemen may, at their pleasure, organize for social purposes and their organization shall be granted the use of public buildings for social purposes at such times and to such extent as may, in the judgment of the municipal council, be consistent with the public interests. SEC. 2281. Authority to call upon inhabitants to aid in fighting fire.-The municipal president and chief of police are authorized to call upon any able-bodied citizen, inhabitant, or sojourner within the municipality, to aid in extinguishing any fire therein, and any such person so called upon shall be subject to the orders of the municipal president and the chief of police during such fire. ARTICLE XIII.-Celebration of fiestas. SEC. 2282. Celebration of fiesta.-A fiesta may be held in each municipality not oftener than once a year upon a date fixed by the municipal council. A fiesta shall not be held upon any other date than that lawfully fixed therefor, except when for weighty reasons such as typhoons, inundations, earthquakes, epidemics, or other public calamities, the fiesta cannot be held on the date fixed, in which case it may be held at a later date in the same year, by resolution of the council. SEC. 2283. Changing date of fiesta.-A municipal council may, by resolution passed by two-thirds of all the members of the council, change the fixed date for the celebration of the fiesta; but when the date has been once fixed by the municipal council, it shall not be changed with greater frequency than once in five years. SEC. 2284. Fixing date of fiesta.-In fixing or changing the date of the fiesta, the municipal council shall give preference to a date which, by reason of an important event in the municipality, the province, the Philippine Archipelago, and in general, in the history of the Philippine

Page  456 456 LOCAL GOVERNMENT IN THE PHILIPPINES Islands or of the United States, may be considered memorable and worthy of being commemorated by a local fiesta. ARTICLE XIV.-Cockfighting. SEC. 2285. Restriction upon cockfighting. - Cockfighting shall take place only in licensed cockpits and, except as provided in the next succeeding section hereof, only upon legal holidays and for a period of not exceeding three days during the celebration of the local fiesta. No card game or games of chance of any kind shall be permitted on the premises of the cockpit. SEC. 2286. Cockfighting at fairs and carnivals.-In provinces where the provincial board resolves that a fair or exposition of agricultural and industrial products of the province, a carnival, or any other act which may redound to the promotion of the general interests thereof, shall be held on a suitable date or dates, the council of the municipality in which such fair, exposition, or carnival is held may, by resolution of a majorty of the council, authorize the cockfighting permitted at a local fiesta to take place for not to exceed three days during said exposition, fair, or carnival, if these fall on a date other than that of the local fiesta. Where this action is taken, cockfighting shall not be permitted during the local fiesta unless a legal holiday occurs at such period, in which case cockfighting may be permitted upon the holiday. ARTICLE XV.-Municipal revenue in general. SEC. 2287. Fundamental principles governing municipal taxation.-Municipal revenue obtainable by taxation shall be derived from such sources only as are expressly authorized by law. Taxation shall be just and in each municipality uniform. It shall not be in the power of the municipal council to impose a tax in any form whatever upon goods and merchandise carried into the municipality, or out of the same, and any attempt to impose an import or export tax upon such goods in the guise of an unreasonable charge for wharfage, use of bridges or otherwise, shall be void. In no case shall the collection of municipal taxes be let to any person. SEC. 2288. Use of municipal funds.-Except as allowed by law, municipal funds shall be devoted exclusively to local public purposes.

Page  457 THE MUNICIPAL LAW 457 SEC. 2289. Primary disposition of municipal revenue.-Except as a measure of safety the municipal share of the revenue collected by the municipal treasurer shall not be removed from the municipality by the provincial treasurer, but upon being collected and duly accounted for, shall be transferred by the provincial treasurer to the municipal treasurer, and the same shall thereafter be available for disposition upon account of the municipality according to law. SEC. 2290. Custody and deposit of municipal funds.Except as otherwise provided, all municipal funds shall be kept by the municipal treasurer in the municipal safe or strong box, which it shall be the duty of the municipal council to provide. Upon resolution of the municipal council, approved by the provincial treasurer, the municipal treasurer may make current deposits of municipal funds subject to check in any local bank duly designated as a depositary for Government funds. Money not needed for current use may be deposited, upon the same authority, as a time deposit with the provincial treasurer, the Philippine National Bank, or any other banking institution duly designated as a depositary for Government funds. Resolutions authorizing such deposits shall clearly set forth the period for which the deposits shall be made, whether with or without interest, and if with interest, the rate thereof. SEC. 2291. Municipal general fund.-All moneys in a municipal treasury which are not lawfully dedicated, reserved, or appropriated to some particular use shall constitute the general fund, and be available for use or expenditure for municipal purposes according to law. SEC 2292. Municipal school fund.-There shall be maintained in the treasury of every municipality a special fund to be known as the school fund, into which shall be paid all moneys accruing thereto by law or by appropriation from the municipal general fund. Said fund shall be available exclusively for the maintenance of public schools, including the construction, purchase, repair, and equipment of school buildings, the purchase of land therefor, the payment of teachers and incidental expenses, and other lawful school purposes of the municipality. SEC. 2293. Appropriations for exhibition purposes.A municipal council shall have power to appropriate money to be placed to the credit of the provincial exhibition fund,

Page  458 458 LOCAL GOVERNMENT IN THE PHILIPPINES to aid the province in conducting exhibitions of its products and industries. It shall also have the power, with the approval of the Department Head first had, to appropriate such amounts as may be necessary to defray the expenses of local fairs and to enable the municipality to take part in the fairs conducted by other provinces in the Philippine Islands. SEC. 2294. Refund of customs duties on material for public works.-The Governor-General is authorized, in his discretion, to direct the reimbursement, from Insular funds, to any municipality in the Philippine Islands of the amount paid by such municipality from its own funds as customs duties on material used in the construction of municipal waterworks and sewer systems. ARTICLE XVI.-Municipal budget. SEC. 2295. Statement of receipts and expenditures for last year.-On or before the fifteenth day of January of each year, the municipal treasurer shall present to the council a certified and detailed statement of all municipal receipts and expenditures pertaining to the preceding year. SEC. 2296. Annual budget.-Upon receiving this statement, the council shall make a careful estimate of the probable income of the municipality for the current year and upon this basis shall proceed to make, by way of appropriation, detailed allotments to the respective municipal requirements for the current year. The appropriation thus made by the council shall constitute the budget, and immediately upon passage it shall be submitted to the provincial treasurer for approval, accompanied by the statement of receipts and expenditures for the preceding year and the estimate made by the council for the current year. Prior to submission to the provincial treasurer, the allotment for school purposes shall receive the approval of the division superintendent of schools. Upon approval by the provincial treasurer the budget shall become effective as a lawful appropriation, and the same shall be forthwith returned by him, with the accompanying documents, to the municipal treasurer, through the president. Changes in the estimates and allotments of the budget, as well as additions thereto, may in like manner be effected from time to time during the year by supplemental budgets. However, the allotments made for health work

Page  459 THE MUNICIPAL LAW5 459 shall only be changed after previous consultation of the Director of Health.23 SEC. 2297. Disapproval of particular items.-If the provincial treasurer shall be of opinion that one or more items of expenditure in the proposed budget, or in any supplemental budget, are illegal or inadvisable, he may disapprove such item or items and at the same time give his approval to other parts of the budget. When he thus disapproves any item or items of expenditure, he shall immediately submit to the council a statement in writing, giving his reasons for such disapproval. In case the municipal council is dissatisfied with the action of the provincial treasurer, a supplemental budget containing only the item or items disapproved may be submitted to the provincial board with a statement of the reasons for making such expenditure; and the provincial board shall thereupon determine the matter. If the appeal is sustained as to one or more items, the provincial treasurer shall forthwith approve the budget as to those items; but if it is denied, the item or items in question shall stand disapproved. SEC. 2298. Municipal salaries pending approval of budget.-Until the president shall receive the approved budget from the provincial treasurer, the approved budget for the preceding year shall determine the salaries and positions of all permanent officers and employees of the municipality. Sec. 2299. General limitation upon amount expendable for salaries and wages.-Except as herein below provided, there shall not be expended during any calendar year for salaries and wages of municipal officials and employees, of every description, excluding those employed on public works, in municipalities of the first class more than fifty per centum, in municipalities of the second class more than sixty per centum, in municipalities of the third class more than sixty-five per centum, and in municipalities of the fourth class more than seventy-five per centum, of the annual revenues accruing to the municipal general funds during said calendar year, exclusive of all balances carried forward from preceding years, and any and all appropriations, loans, or gifts made from Insular, provincial, or private funds. Nothing herein contained shall be construed to prevent the payment from the municipal school fund of salaries of municipal teachers and such other school employees 23 Last sentence added by Section 7 of Act No. 3115.

Page  460 460 LOCAL GOVERNMENT IN THE PHILIPPINES as may be approved by the division superintendent of schools. With the approval of the Secretary of Interior, the provincial board may authorize any municipality of the province to exceed the foregoing percentages under such limitations as may be prescribed by resolution of said board. SEC. 2300. Disbursement of municipal funds.-Disbursements of municipal funds shall be made by the municipal treasurer upon properly executed vouchers, pursuant to the budget, and with the approval of the president. Vouchers covering disbursements from the school fund or for school purposes shall also be approved by the division superintendent of schools, or his authorized representative. Vouchers covering disbursements from the allotments for health work shall also be approved by the chief of the sanitary divisions, or his authorized representative.24 The municipal treasurer shall keep in his office, open at all times to the inspection of members of the municipal council, a statement of the appropriations, expenditures, and balances in all municipal accounts. SEC. 2301. Restriction upon disbursements.-Disbursements pursuant to the budget may be made from any municipal funds in the hands of the treasurer, but the total disbursements from any municipal fund shall in no case be in excess of the actual collections accruing to such fund, except upon written authority of the provincial treasurer, and in no case shall an overdraft in excess of twentyfive per centum of the uncollected revenues and receipts accruing to any fund, as shown by the approved budget, be so authorized. ARTICLE XVII. —Civil remedies for collection of municipal revenue. SEC. 2302. Application of article.-The remedies provided in this article may be used, so far as their nature permits, for the collection of any delinquent municipal revenue except such as is mentioned in section two thousand three hundred and eight hereof. SEC. 2303. Civil remedies.-The civil remedies available to enforce payment of delinquent municipal revenue shall be (a) by distraint of personal property and (b) by legal action, either of which remedies or both simultane24 Last sentence added by Section 8 of Act No. 3115.

Page  461 THE MUNICIPAL LAW 461 ously may be pursued in the discretion of the proper authority. SEC. 2304. Distraint of personal property.-The remedy by distraint shall proceed as follows: Upon the failure of the person owing any municipal tax or revenue to pay the same, at the time required, the municipal treasurer may seize and distrain any personal property belonging to such person or any property subject to the tax lien, in sufficient quantity to satisfy the tax, or charge in question, together with any increment thereto incident to delinquency, and the expenses of the distraint. SEC. 2305. Proceedings subsequent to seizure.-The officer levying the distraint shall make or cause to be made an account of the goods or effect distrained, a copy of which signed by himself shall be left either with the owner or person from whose possession such goods or effects were taken or at the dwelling or place of business of such person and with some one of suitable age and discretion, to which list shall be added a statement of the sum demanded and note of the time and place of sale; and the said officer shall forthwith cause a notification to be exhibited in not less than two public places in the municipality where the distraint is made, specifying the time and place of sale and the articles distrained. The time of sale shall not be less than twenty days after notice to the owner or possessor of the property as above specified and the publication or posting of such notice. One place for the posting of such notice shall be at the office of the president of the municipality in which the property is distrained. At the time and place fixed in such notice the said officer shall sell the goods, or effects, so distrained, at public auction, to the highest bidder for cash. MAny residue over and above what is required to pay the entire claim, including expenses, shall be returned to the owner of the property sold. The expenses chargeable upon such seizure and sale shall embrace only the actual expense of seizure and preservation of the property pending the sale, and no charge shall be imposed for the services of the local officer or his deputy. Within five days after the sale the municipal treasurer shall make report of the proceedings in writing to the municipal president. If at any time prior to the consummation of the sale all proper charges are paid to the officer conducting the

Page  462 462 LOCAL GOVERNMENT IN THE PHILIPPINES sale, the goods or effects distrained shall be restored to the owner. Where the proceeds of the sale are insufficient to satisfy the claim, other property may be in like manner distrained until the full amount due, including all the expenses, is collected. SEC. 2306. Municipal tax lien.-Municipal taxes and other charges within the purview of this article constitute a lien, enforceable by proper legal action, in favor of the municipality superior to all liens or charges in favor of private parties, not only upon any property which may be the subject of the charge but also upon property used in the exercise of the occupation, business, or privilege in respect to which the charge is imposed and upon all property rights therein. ARTICLE XVIII.-License taxes and other municipal revenue. SEC. 2307. Municipal license taxes.-A municipal council shall have authority to impose taxes upon persons engaged in business or exercising privileges in the municipality as hereinbelow specified, by requiring them to procure licenses at rates fixed by ordinance of the council: (a) Billiard and pool rooms or public tables used for playing billiards or pool. (b) Circus or menagerie parades and other parades using banners, floats, or musical instruments, for advertising purposes. (c) Cockpits, cockfights, or training of fighting cocks. (d) Dance halls and public dancing schools. (e) Garages where motor vehicles are kept for hire. (f) Hawkers, peddlers, hucksters, not including hucksters or peddlers who sell only native vegetables, fruits, or foods personally carried by them: Provided,2s however, That hawkers, peddlers, and hucksters who have secured licenses at the rates fixed by ordinance in any municipality shall not be required to take out licenses in other municipalities through which they may travel occasionally, unless the term for the renewal of such licenses shall have expired. (g) Hotels, restaurants, cafes, and lodging or boarding houses. 25 Proviso added by Section 1 of Act No. 3021.

Page  463 TIHE MUNICIPAL LAW 4G3 (h) Livery and boarding stables. (i) Pawnbroking establishments. (j) Theaters, museums, and concert halls. (k) The keeping of dogs. (1) The keeping of public vehicles or conveyances (except automobiles) for hire, by persons not taxed under subsection (h) hereof. (m) The maintenance of race tracks or conducting of horse races. (n) The selling of intoxicating, malt, vinous, mixed, or fermented liquors in quantities of less than two decaliters. SEC. 2308. Miscellaneous revenue. - The following species of revenue shall also accrue to the respective municipalities: (a) Proceeds of the ad valorem tax on real property. (b) Fees for tuition in institutions of instruction, other than primary schools, founded and maintained by the municipality; but nothing herein shall require the charging of such fees. (c) Fees for certificates of ownership of large cattle and for certificates of the transfer of title to the same. (d) Fees, not in excess of fifty centavos in each case, for the issuance of permits for the burial or removal of the bodies of deceased persons. (e) Fines or penalties which are by law payable into the municipal treasury. (f) Proceeds or income from the sale, use, or management of any property lawfully held by the municipality. SEC. 2309. Imposition of tax and duration of license. -A municipal license tax already in existence shall be subject to change only by ordinance enacted prior to the fifteenth of December of any year for the next succeeding year; but an entirely new tax may be created by ordinance enacted during the current year, effective at the beginning of any subsequent quarter. All municipal licenses shall expire on the thirty-first of December of the year in which issued unless prior thereto they should lapse for nonpayment of the tax or be sooner annulled according to law.

Page  464 464 LOCAL GOVERNMENT IN THE PHILIPPINES SEC. 2310. Time for payment of license taxes.-All municipal license taxes shall accrue on the first of January of each year as regards persons then liable therefor, and the same may be paid in quarterly installments during the first ten days of each quarter. In case of failure to pay any such tax within the time required, the amount of the same shall be increased by twenty per centum. A municipal council may by ordinance extend for an additional period of ten days the time for the payment of any municipal license tax without penalty, when the bad condition of the roads, the breaking of bridges, or the occurrence of a flood, typhoon, or other similar casualty shall render such delay desirable or necessary. SEC. 2311. Record of persons paying license taxes.It shall be the duty of the municipal treasurer to keep a record, alphabetically arranged and open to public inspection, of the name of all persons paying municipal license taxes. SEC. 2312. Revocation or suspension of liquor license. -When a person holding a municipal license to sell liquor abuses his privilege to the detriment of the public morals or peace, or permits the place where any such business is conducted to be used as a resort for disorderly characters, criminals, or women of ill repute, or permits such place to be conducted in a disorderly or unlawful mannner or in any way to become a public nuisance, it shall be the duty of the municipal council, after due investigation to revoke or suspend his license. Where action of this character is taken it shall be unlawful for the holder of the license to conduct the business in question during the period of its suspension or revocation; and the money paid upon the license for such period shall be forfeited to the municipality without liability for the refund of any part thereof. Any person whose license may be suspended or revoked by a municipal council pursuant to the authority contained in this section may take an appeal to the provincial board, whose action in the matter shall be final. ARTICLE XIX.-Cart and sledge tax. SEC. 2313. Cart and sledge tax.26 —There shall be paid, on or before the thirty-first day of January of each year, an annual privilege tax upon carts and sledges used upon any public road in a municipality, as follows: 26 As amended by section 1 of Act No. 2951.

Page  465 THE MUNICIPAL LAW4 465 Upon each draft cart having tires less than two and one-half inches in width, three pesos. Upon each draft cart having wheels rigid with the axle, two pesos. Upon each draft cart having both rigid wheels and tires less than two and one-half inches in width, five pesos. Upon each sledge with runners less than two and onehalf inches in width, three pesos. Where a cart or sledge not previously used upon a public road is acquired or first used subsequently to the thirty-first of January of any year, the tax thereon may be computed by the quarter; and the owner shall be liable for the tax only from the beginning of the first quarter during which the use of the cart or sledge was begun. SEC. 2314. Application of proceeds.-One-half of the proceeds of the cart and sledge tax shall accrue to the municipal treasury and one-half to the provincial treasury. SEC. 2315. Restriction as to use of carts and sledges. -No cart having wheels rigid with the axle and tires less than two and one-half inches in width and no sledge of any sort shall be used upon any improved or well constructed public road in the Philippine Islands, when public notice shall have been given by the provincial board as in the next paragraph provided:27 Provided, however, That sledges shall be permitted to cross any such public road freely and without charge if adequate cement crossings, in accordance with the plans and specifications approved by the Director of Public Works, are constructed at such places as the provincial board at the written request of property owners may, with the approval of the Secretary of Commerce and Communications, designate as crossing points. The cost of construction and maintenance of said crossings, if built for the benefit of the public at large, shall be borne by the province concerned. In the case of crossings for the exclusive benefit of plantation owners, the construction and maintenance shall be at their expense. It shall be the duty of the provincial board of each province in which well-constructed or improved public roads exist to designate by public notice, which shall be posted at the door of the municipal building of every municipality in the province, the roads on which it shall be unlawful to use narrow-wheeled carts, carts the axles of which are rigid with the wheels, or sledges. 27 Added by Section 1 of Act No. 3150.

Page  466 466 LOCAL GOVERNMENT IN THE PHILIPPINES SEC. 2316. Suspension of provisions relative to carts and sledges.-Upon the application of the provincial board of any province, the Governor-General may suspend the operation of the provisions of this article to such extent and for such period as he may deem advisable. ARTICLE XX.-Conduct of certain public utilities. SEC. 2317. Municipal waterworks. -A municipal council shall have authority to acquire, construct, and maintain waterworks for the purpose of supplying the inhabitants of the municipality with water; to regulate the supply and use of water therefrom; and to fix and collect rents for water thus supplied. SEC. 2318. Municipal ferries, wharves, markets, etc.-A municipal council shall have authority to acquire or establish municipal ferries, wharves, markets, slaughterhouses, pounds, and cemeteries. Public utilities thus owned by the municipality may be conducted by the municipal authorities upon account of the municipality or may be let for a stipulated return to private parties. SEC. 2319. Letting of municipal ferry, market, or slaughterhouse to highest bidder.-When any ferry, market, or slaughterhouse belonging to a municipality is to be let to a private party, the same shall, unless otherwise directed by the Department Head, be let to the highest and best bidder for the period of one year or, upon the previous approval of the provincial board, for a longer period not exceeding five years, under such conditions as shall be prescribed by the Department Head. SEC. 2320. Establishment of certain public utilities by private parties under license.-Where provision is not made by a municipal council, pursuant to the provisions of the next two preceding sections hereof, for maintaining or conducting the ferries, wharves, markets, or slaughterhouses requisite for the needs of the municipality, the council shall have authority, in its discretion, to let the privilege of establishing and maintaining such utilities to private parties by license granted upon such terms as shall be fixed by the council. The right to reject any or all bids shall be reserved in all proposals for such bids; and the maximum charges, rents, or fees which may be exacted by the lessees shall be fixed in advance and shall be stated in the proposals for bids. The decision of a municipal council rejecting'any bid or

Page  467 THE MUNICIPAL LAW 467 awarding any such privilege shall be subject to final revisal by the provincial board. ARTICLE XXI.-Grant of fishery. SEC. 2321. Grant of fishery.-A municipal council shall have authority, for purposes of profit, to grant the exclusive privilege of fishery or right to conduct a fishbreeding ground within any definite portion, or area, of the municipal waters. "Municipal waters," as herein used, includes not only streams, lakes, and tidal waters included within the municipality, not being the subject of private ownership, but also marine waters included between two lines drawn perpendicular to the general coast line from points where the boundary lines of the municipality touch the sea at high tide, and a third line parallel with the general coast line and distant from it three marine leagues. Where two municipalities are so situated on opposite shores that there is less than six marine leagues of marine waters between them the third line shall be a line equally distant from the opposite shores of the respective municipalities. SEC. 2322. Adjustment of matter of disputed jurisdiction over fishery.-Where fresh-water lakes are not included within the limits of any one municipality, or where fresh-water or tidal streams form boundaries between munincipalities, disputes which may arise as to the waters within which any municipality may exercise the authority hereinabove conferred shall be referred by the respective councils of the municipalities concerned to the proper provincial board, which body shall lay the facts, with its recommendation, before the Governor-General, to the end that he may either adjust the boundary so as to settle the jurisdiction or recommend the passage of adequate legislation. SEC. 2323. Restriction upon letting of fishery to private party.-When a fishery or fish-breeding ground is granted to a private party as hereinabove authorized, the same shall be let to the highest bidder in the manner and subject to the conditions prescribed in section two thousand three hundred and nineteen hereof. SEC. 2234. License tax upon taking of fish in municipal waters.-Where a municipal council has not granted

Page  468 468 LOCAL GOVERNMENT IN THE PHILIPPINES the exclusive privilege of fishery in municipal waters, it may impose a license tax upon the privilege of taking fish in such waters with nets, traps, or other fishing tackle; but no such license shall confer an exclusive right of fishery. SEC. 2325 to 2426. [Repealed.]28 28 Vide Appendix I, footnote 12.

Page  469 APPENDIX K ern Title XIX.-[The Department of] Mindanao and Sulmt. IBeing Chapter 62 of the Administrative Code of 1917.1 PRELIMINARY ARTICLE.- )esignation of title. SEC. 2675. Designation of title. ARTICLE I.-General provisions. SEC. 2576. Definitions SEC. 2677. Corporate Powers. SEC. 2578. Territory included. SEC. 2579. Administrative Code. SEC. 2680. Term of office of elective officers. SEC. 2581. Officers and employees not to have interest in goviment contracts, etc. SEC. 2582. Insular Auditor. ARTICLE II.-[Repealed.] SEC. 2583. Officers appointed by Governor-General. SEC. 2584. Administrative council-Powers and duties. ARTICLE III.-Public Affairs. SEC. 2685. Department governor-Powers and duties. SEC. 2586. Department secretary-Duties. SEC. 2587. Department attorney and assistant-Duties and so th. SEC. 2588. The department delegate. ARTICLE IV.-Accounts and finance. SEC. 2689. Department Treasurer-Duties and powers. SEC. 2590. Auditor. ARTICLE V.-Public instruction. SEC. 2691. Superintendent of schools. ARTICLE VI.-Public safety. SEC. 2692. Chief health officer. SEC. 2593. District Chief of Constabulary-Duties and powers. ARTICLE VII.-Public works. SEC. 2594. Engineer. CHAPTER 63.-THE PROVINCIAL GOVERNMENTS. ARTICLE I. General Provisions. SEC. 2595. The provinces. 469 for

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