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ACT NO. 1283
ACT NO. 1283 - AN ACT AMENDING
SECTIONS FOUR, FIVE, TEN, ELEVEN, TWELVE, THIRTEEN, FIFTEEN, SIXTEEN,
SEVENTEEN, EIGHTEEN, TWENTY, TWENTY-ONE, AND TWENTY-SEVEN OF ACT
NUMBERED SEVEN HUNDRED AND EIGHTY-SEVEN, PROVIDING FOR THE ORGANIZATION
AND GOVERNMENT OF THE MORO PROVINCE, AND REPEALING SECTION THIRTY-ONE
OF SAID ACT, AND PROVIDING THAT THE INTERNAL REVENUE LAW OF NINETEEN
HUNDRED AND FOUR SHALL NOT BE DEEMED TO HAVE REPEALED ACT NUMBERED FIVE
OF THE LEGISLATIVE COUNCIL OF THE MORO PROVINCE, AND PROVIDING THAT
REVENUES ACCRUING TO THE MORO PROVINCE, UNDER THE INTERNAL REVENUE LAW
OF NINETEEN HUNDRED AND FOUR SHALL ACCRUE TO THE TREASURY OF THE MORO
PROVINCE, WITHOUT DIVISION, AND EXPENDED IN THE DISCRETION OF THE
LEGISLATIVE COUNCIL FOR PROVINCIAL, DISTRICT, AND MUNICIPAL PURPOSES
Section 1. Section four
of Act Numbered Seven hundred and eighty-seven, entitled "An Act
providing for the organization and government of the Moro Province," is
hereby amended so as to read as follows:
"SECTION
4. The Civil Governor of the Philippine Islands, by
and with the consent of the Philippine Commission, shall appoint, for
the Moro Province, a governor, attorney, secretary, treasurer,
superintendent of schools, and an engineer. The provincial governor,
secretary, and engineer may be officers of the Army, detailed on
request of the Philippine Commission by the Commanding General of the
Division of the Philippines to perform the civil duties of such
officers. In the event of a vacancy in either of the offices
hereinbefore mentioned, it shall be promptly reported to the Civil
Governor by the provincial governor. The provincial governor may, until
such vacancy is filled, require any provincial officer to perform such
duties of the vacant office in addition to the regular duties of such
provincial officer.
'The
provincial governor may, upon the recommendation of the legislative
council, reduce the council to four members, in which case the
secretary shall perform the duties pertaining to the engineer and the
governor those pertaining to the superintendent of schools."
Sec. 2. Section five of said Act is hereby amended
by inserting the words "or municipal" in the twentieth line of said
section, after the words "execution of the duties of his office any
district" and before the words "officer for misconduct or incompetency
in office," and by erasing from said section the words "the
lieutenant-governor of the sub district of Dapitan."
Sec. 3. Section ten of said Act is hereby amended
so as to read as follows:
"SECTION
10. Subject to the restrictions contained in this Act
or in any law of the legislative council, the provincial superintendent
of schools shall exercise the powers granted him by this section. He
shall establish schools in every municipality, rancheria, township, or
other settlement in the Moro Province where he deems it practicable and
useful, and shall reorganize those already established where such
reorganization is necessary. He shall with the approval of the
provincial governor, fix the salaries of the American and native
teachers within the limits established by law, and shall determine the
places in which American teachers shall teach.
"He
shall fix, with the approval of the legislative council, a curriculum
for primary, industrial, and secondary schools, varying the same for
different schools and different localities in accordance with the
peculiar conditions prevailing therein. He may create principal
teachers in each district who shall discharge the duties of
superintendents of the district in his absence in addition to their
duties as teachers. He shall supervise the plans for the construction
of school houses to be built in the province, whether by the
municipalities, the district government, or the provincial government,
prescribing the amount of land required in each case and rules of
hygiene to be observed in connection with the schools. He shall present
requisitions for proper school supplies to the provincial engineer, and
such supplies shall be purchased as other supplies, through the Insular
Purchasing Agent, whenever proper appropriation has been made or proper
authority for the purchase has been given by the legislative council.
"He
shall present to the legislative council an annual estimate and
requisition of the appropriation of funds necessary for the maintenance
of the schools of the province, which estimate shall include the cost
of repairs and construction.
"On
or before January first or July first of each year he shall make a
report of his administration for the previous six months to the
provincial governor and such special reports as may from time to time
be called for by the governor; he shall forward duplicates of all his
reports to the provincial governor to the General Superintendent of
Education in the Islands. In the regular semi-annual reports it shall
be the duty of the superintendent to recommend changes in the school
law which he deems expedient. He shall exercise general supervision
over the entire school system of the province and shall prepare and
promulgate rules for the examination and qualification of the
applicants for the positions of native teachers and for the guidance of
officers and teachers of the department not inconsistent with the
school law to be adopted by the legislative council. He shall forward
requisitions for such American teachers as he may need to the General
Superintendent of Education at Manila, who are to be selected in
accordance with the civil-service rules made applicable by law to the
selection of teachers after the first of September, nineteen hundred
and three. He shall, through such deputy superintendents as he may
appoint among the American teachers in each district, by regulation
define the school districts for each school which he may establish. The
English language shall be the basis of the public-school instruction;
Spanish, Moro, or the language of the locality may be taught. He shall
discharge such other duties as may be required by the legislative
council."
Sec. 4. Section eleven of said Act is hereby
amended by striking out the words "the lieutenant-governor of Dapitan
shall receive an annual salary of not exceeding two thousand dollars,
in money of the United States, to be fixed by the legislative council"
and by making the next sentence of said section, after the words so
stricken out, to read as follows: "In case an officer of the Army is
detailed to perform the duties of provincial governor or secretary or
provincial engineer, or a governor or a secretary of a district, he
shall receive an allowance equal to twenty per centum of his current
proper yearly pay as an officer of the Army and the actual and
necessary expenses incurred while absent from his station in the
performance of his necessary civil duties."
Sec. 5. Section twelve of said Act is hereby
amended by adding at the end thereof the following words: "In case of a
consolidation of the offices of secretary and engineer and those of
governor and superintendent of schools, the legislative council shall
consist of the governor, the proper secretary and engineer, the
attorney, and the treasurer. In such case three members shall
constitute a quorum for legislative action. In case of a tie vote on
any proposed enactment, the proposition which shall have received the
vote of the governor shall prevail."
Sec. 6. (a) Subsection (h) of section thirteen of
said Act is hereby amended by changing the word "possible" to
"practicable" wherever found in said subsection, and by striking out
the words "and following as nearly as possible in the provisions of
these laws any agreements heretofore made by the United States
authorities with such local or tribe rulers concerning the power and
privileges which under American sovereignty they are by such agreements
to enjoy: Provided, That they have not by their conduct and the breach
of the agreements forfeited such powers and privileges."
(b) Subsection (j) of said section thirteen is hereby
amended so as to read as follows:
"(j)
To enact laws amending and modifying the substantive civil and criminal
law of the Philippine Islands to suit local conditions among the Moros
and other non-Christian inhabitants of the province, and to cause such
laws to conform, when practicable, to the local customs and usages of
such inhabitants. It shall not be necessary that such laws shall apply
uniformly to all localities; but differing provisions may be made
applicable to different localities as the legislative council shall
determine. The substantive law as thus amended and modified shall apply
in all civil actions in which each of the parties is either a Moro or a
member of some non-Christian tribe, and in all criminal actions as to
such of the accused as are Moros or members of some other non-Christian
tribe. In all other civil actions and in all criminal actions as to
accused who are neither Moros nor members of some other non-Christian
tribe, the substantive criminal and civil law of the Philippine Islands
shall apply and be in force as in other provinces: Provided, That in
civil actions the parties to which are in part Moros or members of some
other non-Christian tribe, and in part Christian Filipinos or Americans
or subjects or citizens of a foreign country, it shall lie within the
discretion of the court to apply the substantive law as amended in
accordance with the provisions of this section, in so far as the
interests of such Moros or other non-Christians are directly affected,
or the substantive law of the Philippine Islands, as the circumstances
of each case and the interests of justice may require."
(c) Subsection (k) of said section thirteen is hereby
amended so as to read as follows:
"(k)
To enact laws for the organization and procedure of local tribal ward
courts to consider and decide minor civil actions in which the parties
in interest, or any them, are Moros or members of some other
non-Christian tribe, and minor criminal actions in which the accused,
or any of them, are Moros or members of some other non-Christian tribe.
Tribal ward courts shall, within the limits defined in the preceding
sentence, have and exercise the jurisdiction now or hereafter vested by
law in courts of justice of the peace, but the legislative council may,
in its discretion, vest in such courts jurisdiction in other actions,
civil or criminal, not capital, original jurisdiction in which is at
present vested in Courts of First Instance. In each district the
governor and secretary of the district shall be justices of tribal ward
courts and there shall be as many auxiliary justices as may be needed.
The legislative council shall provide for the appointment and
compensation of the auxiliary justices, and for the holding of such
sessions of the court at such times and places throughout the district
as the efficient administration of justice may render necessary. An
appeal shall lie from every judgment of a tribal ward court to the
Court of First Instance of the district and on such appeal the action
shall be tried de novo: Provided, That the sentences of the tribal ward
courts from which no appeal is taken to the Court of First Instance may
be modified or remitted by the provincial governor after a review of
the case."
Sec. 7. Section fifteen of said Act is hereby
amended by inserting, after the words "the office of the district
governor" and before the words "may be filled by proper detail of an
Army officer," the words "and district secretary."
Sec. 8. (a) Section sixteen of said Act is hereby
amended by striking out the words "the district" in the fifth line and
inserting in lieu thereof the word "other" after the words "Court of
First Instance and" and before the words "courts having jurisdiction in
his district."
(b) Said section sixteen is hereby further amended by
inserting the words "he shall make recommendations to the provincial
engineer, through the provincial governor, in respect to the repairs
and improvements of public works, public buildings, and public
highways," in the thirty-fourth line after the words "in any other part
of the district" and before the words "and he shall discharge."
Sec. 9. (a) Section seventeen of said Act is
hereby amended by striking out the words "he shall be the president of
the district court as hereinabove provided; he shall make
recommendations to the provincial engineer in respect to the repairs
and improvements upon public works, public highways, and public
buildings, and;"
(b) Said section seventeen is hereby further amended
by inserting the words "or by executive order" after the words "by Act
of the legislative council" and before the words "when the district
governor is absent from the capital."
Sec. 10. Section eighteen of said Act is hereby
amended by adding at the end thereof the words "After a register of
deeds has been appointed for the Moro Province the district treasurer
shall no longer act as a register of property or discharge the duties
imposed by law upon such official but may receive at the district
capital and forward to the register of deeds for the province at
Zamboanga, where the registry of deeds for the province shall be
located, all documents relating to lands within his district, but such
receipts of documents by the district treasurer shall not be deemed a
filing or registration thereof."
Sec. 11. (a) Section twenty of said Act is hereby
amended by inserting the words "in his opinion" after the words
"disturbances of the peace which" and before the words "the
Constabulary and municipal police are unable."
(b) Said section twenty is also further amended by
striking out the words "the military commander of any district or the
commander of the department of Mindanao in any form and under any
conditions prescribed in the general orders of the Commanding General
of the Division of the Philippines" and by inserting in lieu thereof
the words "any military officer in command of United States troops."
Sec. 12. Section twenty-one of said Act is hereby
amended by inserting the words "whenever requested by the provincial or
district governor" after the words "it shall be the duty of the
assistant chief of Constabulary, and of the inspectors and
sub-inspectors, to inspect" and before the words "the local police of
municipalities."
Sec. 13. Section twenty-seven of said Act, as
amended by Act Numbered Eleven hundred and sixty-four, is hereby
amended so as to read, as follows:
"SECTION
27. Justices of the peace in the Moro Province shall
not have jurisdiction to try civil actions in which the parties, or any
of them, are Moros or members of some other non-Christian tribe, or
criminal actions in which the accused or any of them are Moros or
members of some other non-Christian tribe, nor shall Courts of First
Instance have original jurisdiction in any action in which original
jurisdiction shall have been vested in the tribal ward courts by the
legislative council in accordance with the provisions of subsection (k)
of section thirteen, and the existing laws of the Philippine Islands
are hereby amended accordingly: Provided, That the Courts of First
Instance shall have jurisdiction in all habeas corpus cases, no matter
between whom arising, to take cognizance of the petition for the
release of any person within its territorial jurisdiction, to issue
process, to hear the evidence, and to discharge the prisoner or to
remand him to custody in accordance with the provisions of the chapter
on habeas corpus in the Code of Civil Procedure: And provided, further,
That justices of the peace may be appointed by the Civil Governor, with
the advice and approval of the Philippine Commission, for towns or
places in the Moro Province which have not been organized into
municipalities, or which, although included within the limits of an
organized municipality, are distant from or have no convenient means of
access to the center of population. The jurisdiction of the justices of
the peace for the municipality in which such town or place is situated
and of the justice of the peace appointed in pursuance of this proviso,
shall be concurrent over cases arising within the municipality. The
several justices of the peace in any district of the Moro Province
shall exercise concurrent jurisdiction over cases arising within the
district but without the limits of an organized municipality. Actions,
civil and criminal, shall be brought before the justice of the peace
who is most convenient of access to the parties, but the justice of the
peace first acquiring jurisdiction over any such case shall have
exclusive jurisdiction over it. It shall be the duty of the justice of
the peace to refuse jurisdiction of any case where the convenience of
the parties manifestly requires it to be brought before another justice
of the peace having concurrent jurisdiction. In criminal prosecutions
and preliminary investigations before justices of the peace, the costs
of the proceeding, including the fees of the justice, shall be paid
from such treasury — provincial, district, or municipal — as the
legislative council of the Moro Province may by law provide. Such
provisions shall be as nearly analogous to the provisions of law
governing that subject in other provinces as the circumstances and
conditions existing in the Moro Province may warrant."
Sec. 14. Section thirty-one of said Act is hereby
repealed.
Sec. 15. Nothing contained in section one hundred
and twenty of Act Numbered Eleven hundred and eighty-nine, the Internal
Revenue Law of nineteen hundred and four, shall be deemed to have
repealed Act Numbered Five of the Legislative Council of the Moro
Province which provides for the collection, under certain
circumstances, of a cedula tax among the Moros and non-Christian tribes
in the Moro Province.
Sec. 16. Section one hundred and fifty of the
Internal Revenue Law of nineteen hundred and four is hereby amended by
adding at the end thereof the following words: "And provided, further,
That the amount to be apportioned for the Moro Province and the
municipalities therein shall accrue to the treasury of the Moro
Province without division and shall constitute a part of the general
funds of the Moro Province to be expended in the discretion of the
Legislative Council for provincial, district, and municipal purposes."
Sec. 17. The public good requiring the speedy
enactment of this bill, the passage of the same is hereby expedited in
accordance with section two of "An Act prescribing the order of
procedure by the Commission in the enactment of laws," passed September
twenty-sixth, nineteen hundred.
Sec. 18. This Act shall take effect upon the first
day of February, nineteen hundred and five.
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