The Municipal code and the Provincial government act, being Act no. 82, entitled "A general act for the organization of municipal governments in the Philippine islands", and Act no. 83, entitled "A general act for the organization of provincial governments in the Philippine islands" as amended by the acts of the Philippine commission down to and including May 31, 1905, revised and codified by the Committee on revision and codification appointed by the governor-general. Published by authority of the Philippine commission.

116

THE PROVINCIAL GOVERNMENT ACT.

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, with the advice and consent of the Commission,
from office, or reinstate him, as the circumstances may require;
pending the suspension of the provincial officer the GovernorTemporary ap- General shall have the power temporarily to appoint a person who
pointe. shall in the interim discharge the duties of the suspended officer,
and in case the suspended officer is a treasurer, to make such
provision with respect to the bond of the temporary appointee
as may to him seem wise. The temporary appointee shall receive
the same compensation as is given by law to the permanent
appointee, to be paid from the provincial treasury as other
Compensationof salaries. In case the suspension results in a removal, the removed
removed officials.
appointee shall not receive any compensation from and after the
Compensation if date of his suspension. Should he be reinstated, it shall be in
reinstated. the discretion of the Governor-General to direct that his compensation, during the period of his suspension, shall be withheld,
Criminal pro- or paid from the provincial treasury. Suspension or removal
ceedings.
under this section shall not prevent the institution of criminal
proceedings against the person suspended or removed. Every
provincial officer shall be subject to prosecution, for a criminal
act committed by him, in the Courts of First Instance, in the
same manner as any other person.
T a k i n g of SEC. 20. In case it should be necessary to take private property
private property.
for the purpose of constructing roads or erecting public buildings,
and no agreement with the owner or owners can be arrived at
as to the purchase price which is satisfactory to the board, the
board shall have power to declare that the property is needed
for public uses and to institute, as provided by law, condemnation
proceedings to appropriate the same for the use of the province.
[For the general law of eminent domain see Act 190,
sections 241-253; Acts 294 and 665. For expropriation by
railroads, see "Eminent domain," Appendix.]
Vacancies. SEC. 21. Vacancies in provincial offices created by removal,
resignation, or death shall be filled by appointment by the Governor-General, with the advice and consent of the Commission,
within ninety days after the vacancy occurs. The appointment
of a provincial governor in case of a vacancy shall be only for
the remainder of the term of the person whose removal, resignation, or death causes the vacancy. In case of suspension or
absence of any provincial officer, the Governor-General shall have
power to appoint a person to perform the duties of the office
during such absence or suspension.
T e m p o r a r y Note 1.-SEC. 2. In case of the temporary absence or disaabsen c e, etc., bility of any subordinate officer or employee in any Office or
Bureau the head of such Office or Bureau may designate any
other subordinate official or employee in the Office or Bureau
temporarily to perform the duties of the official or employee
who is thus absent or disabled, and it shall be the duty of the
person so designated to perform the duties so assigned to him
without additional compensation.-Act 408, May 28, 1902.