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ACT NO. 119
ACT NO. 119 - AN ACT EXTENDING THE
PROVISIONS OF THE PROVINCIAL GOVERNMENT ACT AND THE MUNICIPAL CODE TO
THE PROVINCE OF OCCIDENTAL NEGROS
Section 1. Provincial and
Municipal Government, Occidental Negros. — All the provisions of an Act
entitled "A general Act for the organization of provincial governments
in the Philippine Island," enacted February sixth, nineteen hundred and
one, shall apply to and govern the establishment of a provincial
government in that territory in the Island of Negros known under the
Spanish sovereignty as the Province of "Occidental Negros," with such
exceptions, modifications, and supplementary provisions as are
hereinafter contained.
Sec. 2. Officers' Compensation: Governor,
Secretary, Treasurer, Supervisor, Fiscal Monthly Payments and Traveling
Expenses. — The compensation to be paid for the provincial officers of
the Provincial of Occidental Negros shall be at the following rate per
year, in money of the United States:
For the provincial governor, two thousand five hundred dollars;
For the provincial secretary, one thousand five hundred dollars;
For the provincial treasurer, two thousand five hundred dollars;.
For the provincial supervisor, two thousand two hundred dollars;.
For the provincial fiscal, one thousand five hundred dollars.
The salary of provincial officers shall be payable monthly so that
one-twelfth of the annual salary shall be paid on the last day of each
calendar month.
Each provincial officer shall be allowed his necessary and actual
traveling expenses, not exceeding two dollars and fifty cents per day,
while absent from the capital of the province on official business. The
allowance shall be made by the provincial board upon the certificate of
the officer that the travel was necessary for the public business, and
shall not be paid until the account, accompanied by the resolution of
the board approving the same, shall be forwarded to the Insular
Treasurer and by him approved.
Sec. 3. Treasurer's Bond; Army Officers, No Bond,
etc. — The bond of the provincial treasurer shall be twenty thousand
dollars, until the first day of March, nineteen hundred and two, when,
in view of the collection of the land tax, the Commission may require a
new bond or an additional bond to cover the probable increase of the
funds of which the provincial treasurer shall have custody at any one
time. The bond to be given shall be conditioned that the provincial
treasurer shall faithfully perform the duties of his office and shall
account for the internal-revenue collections coming into his hands as
internal-revenue collector, the taxes collected by him for each
municipality, for the province, and for the Central Government. The
form of the bond shall be prescribed by the Insular Treasurer. If, upon
the request of the Commission, the Military Governor shall detail any
military officer to fill a provincial office, no bond shall be required
of him and no salary shall be paid him until after July first, nineteen
hundred and one.
Sec. 4. Meetings. — The presidents or alcaldes of
the municipalities of the province shall meet on the third Monday in
January, April, July, and October to consider improvements needed in
the province and for the provincial government, and to make
recommendations to the provincial board. The convention shall be called
together by the provincial secretary and shall elect a chairman for
each quarter's session. The provincial secretary shall act as secretary
of the convention, and shall certify its recommendations to the
provincial board.
Sec. 5. Capital. — The capital of the province
shall be as formerly, at the town of Bacolod.
Sec. 6. Oaths of Office. — The oaths of the
provincial officers may be administered by a member of the Commission,
by a judicial officer or by the provincial governor.
Sec. 7. General Order 30 Amended. — All of General
Order Number Thirty, issued by the Military Governor of the Philippine
Islands, July twenty-second, eighteen hundred and ninety-nine, except
sections seventeen, eighteen, nineteen, twenty, and twenty-one,
relating to the judiciary, and section twenty-four, relating to the
collection of customs, postal matters and Philippine inter-island trade
and commerce, is hereby repealed, and all legislation enacted by the
existing advisory council and approved by the military governor of the
government of the Island of Negros under and by virtue of the powers
conferred upon such council by that part of said General Order Number
Thirty of July twenty-second, eighteen hundred and ninety-nine, now
repealed, is also hereby repealed, but such repeal shall not affect
individual rights of property or contract which have vested under and
by virtue of lawful and authorized enactments of such advisory council.
Sec. 8. General Order 40: Teachers, How Affected.
— The repeal of section twenty-two of General Order Number Forty,
authorizing the establishment of free public schools in the Island of
Negros, together with the legislation enacted by authority of such
section by the legislative council, shall not affect the employment of
the teachers now engaged in teaching the public schools of Negros under
such article and legislation, but the same persons shall continue as
public school teachers with their salaries as fixed by laws in force at
the time of this enactment, subject to the supervision of the General
Superintended of Public Instruction of the Philippine Islands and any
division superintendent of the territory appointed by him under the act
establishing a Department of Public Instruction in the Philippine
Islands, and such schools are hereby made a part of the public school
system established by that act.
Sec. 9. Continuance of Municipal Governments;
Additional; Councilors; Reducing the Council; Titles and Powers;
Proviso; Funds on Hand. — Municipal governments established by
law of the advisory council of the government of the Island of Negros
under and by virtue of section fifteen of said General Order Number
Forty, eighteen hundred and ninety-nine, shall continue in existence
with the powers and under the limitations of law in accordance with
which they were established, except that the functions to be performed
in respect thereto by the military governor of the Island of Negros
shall hereafter be performed by the governor of Occidental Negros to be
appointed under this act. Such municipal governments, on and after the
first day of June, nineteen hundred and one, shall become subject to
the provisions of the Municipal Code. Where the governor shall find
that by the terms of the Municipal Code, organized towns have such a
population that the existing number of councilors is not equal to that
required by the Municipal Code he shall certify the fact to the
existing municipal council, which shall, by a majority vote, elect the
additional councilors required by law, and where the number of
councilors in the towns as now organized exceeds the number to which
the governor shall find the town is entitled under the Municipal Code,
the existing councilors shall, by lot, determine those of their number
who shall cease to be councilors, and the result of the lot having been
spread upon the minutes of the council, the members excluded thereby
shall thereafter cease to exercise the functions of municipal
councilors. After June first, nineteen hundred and one, the officers of
the towns as now organized shall be known by the titles of the
corresponding officers provided in the Municipal Code and shall
exercise the powers and discharge the duties prescribed for such
officers in the Municipal Code, and the limitations of law upon the
action of the municipal officers, councils and corporations shall be as
provided in the Municipal Code: Provided, however, That where the
municipal councils of existing corporations shall have directed the
levy taxes authorized under the laws of their creation and not
authorized by the Municipal Code, and part of such taxes shall have
been collected, such corporations, after they shall pass under the
provisions of the Municipal Code, may nevertheless continue the
collection of the taxes thus levied against all the persons liable to
pay such taxes under the existing provisions of the law. The funds on
hand in the treasury of each municipality shall pass to the new
municipality in which it is merged, to be disposed of in accordance
with the provisions of the Municipal Code.
Sec. 10. Cedula Tax, 1901, Abolished. — The cedula
tax of three dollars, heretofore levied by the advisory council for the
year nineteen hundred and one, is abolished, and all money collected
thereunder and paid by persons residing in Occidental Negros shall be
returned by the provincial treasurer to the persons paying the same.
Sec. 11. Cutting Timber, General Order 92. — The
regulations for the cutting of timber contained in General Order Number
Ninety-two shall apply in the Island of Negros in place and instead of
existing acts of the advisory council of the government of the Island
of Negros creating forestry regulations.
Sec. 12. Internal-Revenue Taxes, etc. — From and
after the passage of this Act, all internal-revenue taxes, including
the industrial tax, urban tax, forestry licenses, and the stamp taxes,
shall be collectible in the Province of Occidental Negros by the
provincial treasurer as in other provinces, and shall be distributed
between the provincial and municipal governments as provided in the
General Provincial Act. They shall be levied as from the first of
April, nineteen hundred and one, for three quarters of the year
nineteen hundred and one.
Sec. 13. Distributing Funds; Oriental and
Occidental Negros, Shares; Cedula Taxes; Committee on Distribution;
Controversies, How Settled. — The method of distributing, between the
two provincial governments of Occidental and Oriental Negros, the funds
in the treasury of the present government of the Island of Negros shall
be as follows: It shall first be determined how much cash will remain
in its treasury after all the obligations of the government of the
Island of Negros shall have been paid. This sum, together with the
amount of taxes due down to May first, nineteen hundred and one, but
not collected from both Occidental and Oriental Negros, under the law,
shall constitute the fund for distribution. The share to be distributed
to Occidental Negros shall bear the same ratio to the share to be
distributed to Oriental Negros as the total amount of taxes collected
or due by law from Occidental Negros for the year nineteen hundred and
the first four months of nineteen hundred and one bears to the total
amount collected or due by law from Oriental Negros for the same
period; and in the distribution of such fund, the right to collect the
taxes due from Oriental Negros shall be assigned and transferred to the
government of Oriental Negros to be established; the right to collect
the taxes due from Occidental Negros shall be assigned and transferred
to the government of Occidental Negros hereby established, and the
remainder of the shares of each shall be paid in cash. In the
calculations to be made under the foregoing rule, the cedula taxes
collected for the year 1901 under the existing law shall not be
considered as funds of the Island of Negros, but shall be treated as
obligations of the present government of the Island of Negros to the
persons for whom the same were collected, nor shall such cedula taxes
for the year nineteen hundred and one uncollected be considered as
taxes due by law. For the purpose of determining the date upon which
the foregoing calculation and distribution shall be made, in accordance
with the rule herein-before fixed, the matter is referred to a
committee consisting of Don Jose R. de Luzuriaga, auditor of the
island, as the representative of Occidental Negros, and Don Demetrio
Larena, secretary of public instruction, as the representative of
Oriental Negros, and upon their certificate the treasurer of the
present government of the Island of Negros shall make the distribution.
Should any difference of opinion arise between the two gentlemen
constituting the committee, the difference shall be referred to Don
Victorino Mapa of the town of Iloilo, in Panay, whose decision shall be
final.
Sec. 14. Inconsistencies Repealed. — All laws and
parts of laws inconsistent with this Act are hereby repealed.
Sec. 15. Act, When in Effect. — Except as herein
otherwise specifically provided, this Act shall take effect on the
first day of May, nineteen hundred and one, but the appointments
hereunder may be made before such date so that the officials appointed
may qualify upon the first day of May and at once begin the discharge
of their functions.
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