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ACT NO. 120
ACT NO. 120 - AN ACT EXTENDING THE
PROVISIONS OF THE PROVINCIAL GOVERNMENT ACT, AND THE MUNICIPAL CODE TO
THE PROVINCE OF ORIENTAL NEGROS
Section 1. Provincial and
Municipal Government, Oriental Negros. — All the provisions of an Act
entitled "A general Act for the organization of provincial governments
in the Philippine Islands," enacted February sixth, nineteen hundred
and one, shall apply to and govern the establishment of a provincial
government in the territory of the Island of Negros known under the
Spanish sovereignty as the Province of "Oriental 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 province of Oriental Negros shall be at the following rate per
year, in money of the United States:
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 approval the same, shall be forwarded to the Insular
Treasurer and by him approved.
Sec. 3. Treasurers Bond; Military Officers, No
Bond, etc. — The bond of the provincial treasurer shall be fifteen
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 Dumaguete.
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 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
Superintendent of Public Instruction of the Philippine Islands, and any
division superintended 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 Oriental 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 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
municipal councils of existing corporations shall have directed the
levy of 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 corporation, after it 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 law. The funds on hand
in the treasury of each municipality shall pass to the new municipality
in which 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 Oriental Negros shall be
returned by the provincial treasurer to the persons paying the same.
Sec. 11. Cutting Timber. — 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 Oriental Negros by the
provincial treasurer as in other provinces, and shall be distributed
between the provincial and the 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 shares 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 Oriental 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 Occidental 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 hereby established; the right to
collect the taxes due from Occidental Negros shall be assigned and
transferred to the government of Occidental Negros to be 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 nineteen hundred and one under the existing laws
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 from 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 hereinbefore fixed, the matter is referred to
the 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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