Sponsored by Congressman William Jones, the act replaced the prior governing act for the Philippines. Among other things, it created an all Fillppino legislature to govern the islands.
It stated:
TITLE
AN ACT TO DECLARE THE PURPOSE OF THE PEOPLE OF
THE UNITED STATES AS TO THE FUTURE POLITICAL STATUS OF THE PEOPLE OF
THE PHILIPPINE ISLANDS, AND TO PROVIDE A MORE AUTONOMOUS GOVERNMENT FOR
THOSE ISLANDS.
PREAMBLE
Whereas it was never the intention of
the people of United States in the incipiency of the war withSpainto
make it a war of conquest or for territorial aggrandizement; and
Whereas it is, as it has always been,
the purpose of the people of the United States to withdraw their
sovereignty over Philippine Islands and to recognize their independence
as soon as a stable government can be established therein; and
Whereas for the speedy accomplishment of
such purpose it is desirable to place in the hands of the people of the
Philippines as large a control of their domestic affairs as can be
given them without, in the meantime, impairing the exercise of the
rights of sovereignty by the people of the United States, in order that,
by the use and exercise of popular franchise and governmental powers,
they may be the better prepared to fully assume the responsibilities and
enjoy all the privileges of complete independence: Therefore
Section 1.―The Philippines
Be it enacted by the Senate and House of Representatives the United States of America in Congress assembled,
That the provisions of this Act and the name “The Philippines” as used
in this Act shall apply to and include the Philippine Islands ceded to
the United States Government by the treaty of peace concluded between
the United States and Spain on the eleventh day of April, eighteen
hundred and ninety-nine, the boundaries of which are set forth in
Article III of said treaty, together with those islands embraced in the
treaty between Spain and the United States concluded at Washington on
the seventh day of November, nineteen hundred.
Section 2.―Philippine Citizenship and Naturalization
That all inhabitants of the Philippine
Islands who were Spanish subjects on the eleventh day of April, eighteen
hundred and ninety-nine, and then resided in said Islands, and their
children born subsequent thereto, shall be deemed and held to be
citizens of the Philippine Islands, except such as shall have elected to
preserve their allegiance to the Crown of Spain in accordance with the
provisions of the treaty of peace between the United States and Spain,
signed at Paris December tenth, eighteen hundred and ninety-eight, and
except such others as have since become citizens of some other country:Provided,
That the Philippine Legislature, herein provided for, is hereby
authorized to provide by law for the acquisition of Philippine
citizenship by those natives of the Philippine Islands who do not come
within the foregoing provisions, the natives of the insular possessions
of the United States, and such other persons residing in the Philippine
Islands who are citizens of the United States, or who could become
citizens of the United States under the laws of the United States if
residing therein.
Section 3.―Bill of Rights
(a) Due process and eminent domain.―That
no law shall be enacted in said Islands which shall deprive any person
of life, liberty, or property without due process of law, or deny to any
person therein the equal protection of the laws. Private property shall
not be taken for public use without just compensation.
(b) Rights of persons accused of crime.―That
in all criminal prosecutions the accused shall enjoy the right to be
heard by himself and counsel, to demand the nature and cause of the
accusation against him, to have a speedy and public trial, to meet the
witnesses face to face, and to have compulsory process to compel the
attendance of witnesses in his behalf.
That no person shall be held to answer
for a criminal offense without due process of law; and no person for the
same offense shall be twice put in jeopardy of punishment, nor shall be
compelled in any criminal case to be a witness against himself.
That all persons shall before conviction be bailable by sufficient sureties, except for capital offenses.
(c) Obligation of contracts.―That no law impairing the obligation of contracts shall be enacted.
(d) Imprisonment for debt.―That no person shall be imprisoned for debt.
(e) Suspension of habeas corpus.―That
the privilege of the writ of habeas corpus shall not be suspended,
unless when in cases of rebellion, insurrection, or invasion the public
safety may require it, in either of which event the same may be
suspended by the President, or by the Governor-General, wherever during
such period the necessity for such suspension shall exist.
(f) Ex post facto laws, primogeniture, titles of nobility.―That
no ex post facto law or bill of attainder shall be enacted nor shall
the law of primogeniture ever be in force in the Philippines.
That no law granting a title of nobility
shall be enacted, and no person holding any office of profit or trust
in said Islands shall, without the consent of the Congress of the United
States, accept any present, emolument, office, or title of any kind
whatever from any king, queen, prince, or foreign state
(g) Bail and punishment.―That excessive bail shall not required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
(h) Unreasonable searches.―That the right to be secured against unreasonable searches and seizures shall not be violated.
(i) Slavery.―That slavery shall
not exist in saidIslands; nor shall involuntary servitude exist therein
except as a punishment for crime whereof the party shall have been duly
convicted.
(j) Freedom of speech.―That no
law shall be passed abridging the freedom of speech or of the press, or
the right of the people peaceably to assemble and petition the
Government for redress grievances.
(k) Freedom of religion.―That
no law shall be made respecting an establishment of religion or
prohibiting the free exercise thereof, and that the free exercise and
enjoyment of religious profession and worship, without discrimination or
preference, shall forever be allowed; and no religious test shall be
required for the exercise of civil or political rights. No public money
or property shall ever be appropriated, applied, or used, directly or
indirectly, for the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of religion, or for the
use, benefit, or support of any priest, preacher, minister, or other
religious teacher or dignitary as such.
(l) Poligamy.―Contracting of
polygamous or plural marriages hereafter is prohibited. That no law
shall be construed to permit polygamous or plural marriages.
(m) How public funds to be spent.―That no money shall be paid out of the treasury except in pursuance of an appropriation by law.
(n) Uniform tax.―That the rule of taxation in saidIslands shall be uniform.
(o) Subject and title of bills.―That
no bill which may be enacted into law shall embrace more than one
subject, and that subject shall be expressed in the title of the bill.
(p) Warrants of arrest.―That no
warrant shall issue but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched and
the person or things to be seized
(q) Special funds.―That all
money collected on any tax levied or assessed for a special purpose
shall be treated as a special fund in the treasury and paid out for such
purpose only.
Section 4.―Expenses of Government
That all expenses that may be incurred
on account of the Government of the Philippines for salaries of
officials and the conduct of their offices and departments, and all
expenses and obligations contracted for the internal improvement or
development of the Islands, not, however, including defenses, barracks,
and other works undertaken by the United States, shall except as
otherwise specifically provided by the Congress, be paid by the
Government of the Philippines.
Section 5.―Inapplicability of American Statutes
That the statutory laws of the United
States hereafter enacted shall not apply to the Philippine Islands,
except when specifically so provided, or it is so provided in this Act.
Section 6.―Continuance of Philippine Laws
That the laws now in the Philippines
shall continue in force and effect, except as altered, amended, or
modified herein, until altered, amended, or repealed by the legislative
authority herein provided or by act of Congress of the United States.
Section 7.―Legislative Power to Change Laws
That the legislative authority herein
provided shall have power, when not inconsistent with this act, by due
enactment to amend, alter, modify, or repeal any law, civil or criminal
continued in force by this Act as it may from time to time see fit.
This power shall specifically extend
with the limitation herein provided as to the tariff to all laws
relating to revenue and taxation in effect in the Philippines.
Section 8.―General Legislative Power
That general legislative power, except
as otherwise herein provided, is hereby granted to the Philippine
legislature, authorized by this Act.
Section 9.―Public Property and Legislation on Public Domain, Timber and Mining
That all the property and rights which
may have been acquired in the Philippine Islands by the United States
under the treaty of peace with Spain, signed December tenth, eighteen
hundred and ninety-eight, except such land or other property as has been
or shall be designated by the President of the United States for
military and other reservations of the Government of the United States,
and all lands which may have been subsequently acquired by the
Government of the Philippine Islands by purchase under the provisions of
sections sixty-three and sixty-four of the Act of Congress approved
July first, nineteen hundred and two, except such as may have heretofore
been sold and disposed of in accordance with the provisions of said act
of Congress, are hereby placed under the control of the government of
said Islands to be administered or disposed of for the benefit of the
inhabitants thereof, and the Philippine Legislature shall have power to
legislate with respect to all such matters as it may deem advisable; but
acts of the Philippine Legislature with reference to land of the public
domain, timber, and mining hereafter enacted, shall not have the force
of law until approved by the President of the United States: Provided,
That upon the approval of such an act by the Governor-General, it shall
be by him forthwith transmitted to the President of the United States,
and he shall approve or disapprove the same within six months from and
after its enactment and submission for his approval, and if not
disapproved within such time it shall become a law the same as if it had
been specifically approved: Provided, further, That where
lands in the Philippine Islands have been or may be reserved for any
public purpose of the United States, and, being no longer required for
the purpose for which reserved, have been or may be, by order of the
President, placed under the control of the government of said Islands to
be administered for the benefit of the inhabitants thereof, the order
of the President shall be regarded as effectual to give the government
of said Islands full control and power to administer and dispose of such
lands for the benefit of the inhabitants of said Islands.
Section 10.―Laws on Tariff, Immigration and Coinage
That while this Act provides that the
Philippine Government shall have the authority to enact a tariff law the
trade relations between the Islands and the United States shall
continue to be governed exclusively by laws of the Congress of the
United States: Provided, That tariff acts or acts amendatory to
the tariff of the Philippine Islands shall not become law until they
shall receive the approval of the President of the United States, nor
shall any act of the Philippine Legislature affecting immigration or the
currency or coinage laws of the Philippines become a law until it has
been approved by the President of the United States: Provided, further,
That the President shall approve or disapprove any act mentioned in the
foregoing proviso within six months from and after its enactment and
submission for his approval, and if not disapproved within such time it
shall become a law the same as if it had been specifically approved.
Section 11.―Taxes and Public Debts
That no export duties shall be levied or
collected on, exports from the Philippine Islands, but taxes and
assessments on property, and license fees for franchises and privileges,
and internal taxes, direct or indirect, may be imposed for the purposes
of the Philippine Government and the provincial and municipal
governments thereof, respectively, as may be provided and defined by
acts of the Philippine Legislature, and, where necessary to anticipate
taxes and revenues, bonds and other obligations may be issued by the
Philippine Government or any provincial or municipal government therein,
as may be provided by law and to protect the public credit: Provided, however,
That the entire indebtedness of the Philippine Government created by
the authority conferred therein shall not exceed at any one time the sum
of $15,000,000, exclusive of those obligations known as friar land
bonds, nor that of any province or municipality a sum in excess of seven
per centum of the aggregate tax valuation of its property at any one
time.
Section 12.―The Philippine Legislature
That general legislative powers in the
Philippines, except as herein otherwise provided, shall be vested in a
Legislature which shall consist of two houses, one the Senate and the
other the House of Representatives, and the two houses shall be
designated “the Philippine Legislature”: Provided, That until
the Philippine Legislature as herein provided shall have been organized
the existing Philippine Legislature shall have all legislative authority
herein granted to the Government of the Philippine Islands, except such
as may now be within the exclusive jurisdiction of the Philippine
Commission, which is so continued until the organization of the
Legislature herein provided for the Philippines. When the Philippine
Legislature shall have been organized, the exclusive legislative
jurisdiction and authority exercised by the Philippine Commission shall
thereafter be exercised by the Philippine Legislature.
Section 13.―Election and Qualification of Senators
That the members of the Senate of the
Philippines, except as herein provided, shall be elected for terms of
six and three years, as hereinafter provided, by the qualified electors
of the Philippines. Each of the senatorial districts defined as
hereinafter provided shall have the right to elect two senators. No
person shall be an elective member of the Senate of the Philippines who
is not a qualified elector and over thirty years of age, and who is not
able to read and write either the Spanish or English language, and who
has not been a resident of the Philippines for at least two consecutive
years and an actual resident of the senatorial district from which
chosen for a period of at least one year immediately prior to his
election.
Section 14.―Election and Qualifications of Representatives
That the members of the House of
Representatives shall, except as herein provided, be elected triennially
by the qualified electors of the Philippines. Each of the
representative districts hereinafter provided for shall have the right
to elect one representative. No person shall be an elective member of
the House of Representatives who is not a qualified elector and over
twenty-five years of age, and who is not able to read and write either
the Spanish or English language, and who has not been an actual resident
of the district from which elected for at least one year immediately
prior to his election: Provided,That the members of the present
Assembly elected on the first Tuesday in June, nineteen hundred and
sixteen, shall be the members of the House of Representatives from their
respective districts for the term expiring in nineteen hundred and
nineteen.
Section 15.―Qualifications of Voters
That at the first election held pursuant
to this Act, the qualified electors shall be those having the
qualifications of voters under the present law; thereafter and until
otherwise provided by the Philippine Legislature herein provided for the
qualifications of voters for senators and representatives in the
Philippines and all officers elected by the people shall be as follows:
Every male person who is not a citizen
or subject of a foreign power twenty-one years of age or over (except
insane and feeble-minded persons and those convicted in a court of
competent jurisdiction of an infamous offense since the thirteenth day
of August, eighteen hundred and ninety-eight) 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, and who is comprised within one of the following classes:
(a) Those who under existing law are legal voters and have exercised the right of suffrage.
(b) Those who own real property to the value of 500 pesos, or who annually pay 30 pesos or more of the established taxes.
(c) Those who are able to read and write either Spanish, English, or a native language.
Section 16.―Senate and Representative Districts, and Appointive Senators and Representatives
That the Philippine Islands shall be divided into twelve senate districts, as follows:
First district: Batanes, Cagayan, Isabela, Ilocos Norte, and Ilocos Sur.
Second district: La Union, Pangasinan, and Zambales.
Third district: Tarlac, Nueva Ecija, Pampanga, and Bulacan.
Fourth district: Bataan, Rizal, Manila, and Laguna.
Fifth district: Batangas, Mindoro, Tayabas, and Cavite.
Sixth district: Sorsogon, Albay, and Ambos Camarines.
Seventh district: Iloilo and Capiz.
Eight district: Negros Occidental, Negros Oriental, Antique, and Palawan.
Ninth district: Leyte and Samar.
Tenth district: Cebu.
Eleventh district: Surigao, Misamis, and Bohol.
Twelfth district: The Mountain Province, Baguio, Nueva Vizcaya, and the Department of Mindanao and Sulu.
The representative districts shall be
the eighty-one now provided by law, and three in the Mountain Province,
one in Nueva Vizcaya, and five in the Department of Mindanao and Sulu.
The first election under the provisions
of this Act shall be held on the first Tuesday of October, nineteen
hundred and sixteen, unless the Governor-General in his discretion shall
fix another date not earlier than thirty nor later than sixty days
after the passage of this Act: Provided, That the
Governor-General’s proclamation shall be published at least thirty days
prior to the date fixed for the election, and there shall be chosen at
such election one senator from each senate district for a term of three
years and one for six years. Thereafter one senator from each district
shall be elected from each senate district for a term of six years: Provided,
That the Governor-General of the Philippine Islands shall appoint,
without the consent of the Senate and without restriction as to
residence, senators and representatives who will, in his opinion, best
represent the senate district and those representative districts which
may be included in the territory not now represented in the Philippine
Assembly: Provided further, That thereafter elections shall be
held only on such days and under such regulations as to ballots, voting,
and qualifications of electors as may be prescribed by the Philippine
Legislature, to which is hereby given authority to redistrict the
Philippine Islands and modify, amend, or repeal any provision of this
section, except such as refer to appointive senators and
representatives.
Section 17.―Tenure of Senators and Representatives
That the terms of office of elective
senators and representatives shall be six and three years, respectively,
and shall begin on the date of their election. In case of vacancy among
the elective members of the Senate or in the House of Representatives,
special elections may be held in the districts wherein such vacancy
occurred under such regulations as may be prescribed by law, but
senators or representatives elected in such cases shall hold office only
for the unexpired portion of the term wherein the vacancy occurred.
Senators and representatives appointed by the Governor-General shall
hold office until removed by the Governor-General.
Section 18.―Organization of the Legislature and Privileges of Members
(a) Control of each house over its members and proceedings.―That
the Senate and House of Representatives, respectively, shall be the
sole judges of the elections, returns, and qualifications of their
elective members, and each house may determine the rules of its
proceedings, punish its members for disorderly behavior, and, with the
concurrence of two-thirds, expel an elective member.
(b) Organization, quorum, and sessions.―Both
houses shall convene at the capital on the sixteenth day of October
next following the election and organize by the election of a speaker or
a presiding officer, a clerk, and a sergeant-at-arms for each house,
and such other officers and assistants as may be required. A majority of
each house shall constitute a quorum to do business, but a smaller
number may meet, adjourn from day to day, and compel the attendance of
absent members. The Legislature shall hold annual sessions, commencing
on the sixteenth day of October, or, if the sixteenth day of October be a
legal holiday, then on the first day following which is not a legal
holiday, in each year. The Legislature may be called in special session
at any time by the Governor-General for general legislation, or for
action on such specific subjects as he may designate. No special session
shall continue longer than thirty days, and no regular shall continue
longer than one hundred days, exclusive of Sundays.
The Legislature is hereby given the power and authority to change the date of the commencement of its annual sessions.2
(c) Compensation and privileges of members.―The
senators and representatives shall receive an annual compensation for
their services, to be ascertained by law, and paid out of the treasury
of the Philippine Islands. The senators and representatives shall, in
all cases except treason, felony, and breach of the peace, be privileged
from arrest during their attendance at the session of their respective
houses and in going to and returning from the same; and for any speech
or debate in either house they shall not be questioned in any other
place.
(d) Disqualifications of members.―No
senator or representative shall, during the time for which he may have
been elected, be eligible to any office the election to which is vested
in the Legislature, nor shall be appointed to any office of trust or
profit which shall have been created or the emoluments of which shall
have been increased during such term.
Section 19. ― Procedure for Law-Making
(a) Legislative journal and the veto power.―That
each house of the Legislature shall keep a journal of its proceedings
and, from time to time, publish the same; and the yeas and nays of the
members of either house, on any question, shall, upon demand of
one-fifth of those present, be entered on the journal, and every bill
and joint resolution which shall have passed both houses shall, before
it becomes a law, be presented to the Governor-General. If he approve
the same, he shall sign it; but if not, he shall return it with his
objections to that house in which it shall have originated, which shall
enter the objections at large on its journal and proceed to reconsider
it. If, after such reconsideration, two-thirds of the members elected to
that house shall agree to pass the same, it shall be sent, together
with the objections, to the other house, by which it shall likewise be
reconsidered, and if approved by two-thirds of all the members elected
to that house it shall be sent to the Governor-General, who, in case he
shall then not approve, shall transmit the same to the President of the
United States. The vote of each house shall be by the yeas and nays, and
the names of the members voting for and against shall be entered on the
journal. If the President of the United States approve the same, he
shall sign it and it shall become a law. If he shall not approve the
same, he shall return it to the Governor-General, so stating, and it
shall not become a law:Provided, That if any bill or joint
resolution shall not be returned by the Governor-General as herein
provided within twenty days (Sundays excepted) after it shall have been
presented to him the same shall become a law in like manner as if he had
signed it, unless the Legislature by adjournment prevent its return, in
which case it shall become a law unless vetoed by the Governor-General
within thirty days after adjournment: Provided, further, That
the President of the United States shall approve or disapprove an act
submitted to him under the provisions of this section within six months
from and after its enactment and submission for its approval; and if not
approved within such time, it shall become a law the same as if it had
been specifically approved.
(b) The veto on appropriations.―The
Governor-General shall have the power to veto any particular item or
items of an appropriation bill, but the veto shall not affect the item
or items to which he does not object. The item or items objected to
shall not take effect except in the manner heretofore provided in this
section as to bills and joint resolutions returned to the Legislature
without his approval.
(c) Report of laws to Congress.―All
laws enacted by the Philippine Legislature shall be reported to the
Congress of the United States, which hereby reserves the power and
authority to annul the same.
(d) Revisal of former appropriations.―If
at the termination of any fiscal year the appropriations necessary for
the support of Government for the ensuing fiscal year shall not have
been made, the several sums appropriated in the last appropriation bills
for the objects and purposes therein specified, so far as the same may
be done, shall be deemed to be reappropriated for the several objects
and purposes specified in said last appropriation bill; and until the
Legislature shall act in such behalf the treasurer shall, when so
directed by the Governor-General, make the payments necessary for the
purposes aforesaid.
Section 20.―The Resident Commissioners
(a) Selection and tenure.―That
at the first meeting of the Philippine Legislature created by this Act
and triennially thereafter there shall be chosen by the Legislature two
Resident Commissioners to the United States, who shall hold their office
for a term of three years beginning with the fourth day of March
following their election, and who shall be entitled to an official
recognition as such by all Departments upon presentation to the
President of a certificate of election by the Governor-General of said
Islands.
(b) Compensation.―Each of said
Resident Commissioners shall, in addition to the salary and the sum in
lieu of mileage now allowed by law, be allowed the same sum for
stationery and for the pay of necessary clerk hires as is now allowed to
the members of the House of Representatives of the United States, to be
paid out of the Treasury of the United States, and the franking
privilege allowed by law to members of Congress.
(c) Qualifications.―No person
shall be eligible to election as Resident Commissioner who is not a bona
fide elector of said Islands and who does not owe allegiance to the
United States and who is not more than thirty years of age and who does
not read and write the English language. The present two Resident
Commissioners shall hold office until the fourth of March, nineteen
hundred and seventeen.
(d) Temporary vacancy.―In case
of vacancy in the position of Resident Commissioner caused by
resignation or otherwise, the Governor-General may make temporary
appointments until the next meeting of the Philippine Legislature, which
shall then fill such vacancy; but the Resident Commissioner thus
elected shall hold office only for the unexpired portion of the term
wherein the vacancy occurred.
Section 21.―The Governor-General
(a) Title, appointment, residence.―That
the supreme executive power shall be vested in an executive officer,
whose official title shall be “The Governor-General of the Philippine
Islands.” He shall be appointed by the President, by and with the advice
and consent of the Senate of the United States, and hold his office at
the pleasure of the President and until his successor is chosen and
qualified. The Governor-General shall reside in the Philippine Islands
during his official incumbency, and maintain his office at the seat of
Government.
(b) Powers and duties.―He
shall, unless otherwise herein provided, appoint, by and with the
consent of the Philippine Senate, such officers as may now be appointed
by the Governor-General, or such as he is authorized by this Act to
appoint, or whom may hereafter be authorized by law to appoint; but
appointments made while the Senate is not in session shall be effective
either until disapproval or until the next adjournment of the Senate. He
shall have general supervision and control of all of the departments
and bureaus of the Government in the Philippine Islands as far as is not
inconsistent with the provisions of this Act, and shall be commander in
chief of all locally created armed forces and militia. He is hereby
vested with the exclusive power to grant pardons and reprieves and remit
fines and forfeitures, and may veto any legislation enacted as herein
provided. He shall submit within ten days of the opening of each regular
session of the Philippine Legislature a budget of receipts and
expenditures, which shall be the basis of the annual appropriation bill.
He shall commission all officers that he may be authorized to appoint.
He shall be responsible for the faithful execution of the laws of the
Philippine Islands of the United States operative within the Philippine
Islands, and whenever it becomes necessary he may call upon the
commanders of the military and naval forces of the United States in the
Islands, or summon the posse comitatus, or call out the militia or other
locally created armed forces, to prevent or suppress lawless violence,
invasion, insurrection, or rebellion; and he may, in case of rebellion
or invasion, or imminent danger thereof, when the public safety requires
it, suspend the privileges of the writ of habeas corpus, or place the
Islands, or any part thereof, under martial law:Provided, That
whenever the Governor-General shall exercise his authority, he shall at
once notify the President of the United States thereof, together with
the attending facts and circumstances and the President shall have power
to modify or vacate the act of the Governor-General.
(c) Report of the Governor-General.―He
shall annually and at such other times as he may be required make such
official report of the transactions of the Government of the Philippine
Islands to an executive department of the United States to be designated
by the President, and his said annual report shall be transmitted to
the Congress of the United States; and he shall perform such additional
duties and functions as may in pursuance of the law be delegated or
assigned to him by the President.
Section 22.―The Executive Departments and the Legislature
(a) Temporary continuance of executive heads.―That,
except as provided otherwise in this Act, the executive departments of
the Philippine Government shall continue as now authorized by law until
otherwise provided by the Philippine Legislature. When the Philippine
Legislature herein provided shall convene and organize, the Philippine
Commission, as such, shall cease and determine, and the members thereof
shall vacate their offices as members of said Commission: Provided,
That the heads of executive departments shall continue to exercise
their executive functions until the heads of departments provided by the
Philippine Legislature pursuant to the provisions of this Act are
appointed and qualified.
(b) Legislative powers over the departments, and limitations of such.―The
Philippine Legislature may thereafter by appropriate legislation
increase the number or abolish any of the executive departments, or make
such changes in the names and duties thereof as it may see fit, and
shall provide for the appointment and removal of the heads of the
executive departments by the Governor-General: Provided, That
all executive functions of the Government must be directly under the
Governor-General or within one of the executive departments under the
supervision and control of the Governor-General
(c) Provisions for a bureau for non-Christians.―There
is hereby established a bureau, to be known as the Bureau of
Non-Christian Tribes, which said bureau shall be embraced in one of the
executive departments to be designated by the Governor-General, and
shall have general supervision over the public affairs of the
inhabitants of the territory represented in the Legislature by
appointive senators and representatives.
Section 23.―The Vice-Governor
(a) Appointment and powers; Bureaus of Education and Health.―That
there shall be appointed by the President, by and with the advice and
consent of the Senate of the United States, a Vice-Governor of the
Philippine Islands, who shall have all the powers of the
Governor-General in the case in the of a vacancy or temporary removal,
resignation, or disability of the Governor-General, or in case of his
temporary absence; and the said Vice-Governor shall be the head of the
executive department, known as the Department of Public Instruction,
which shall include the Bureau of Education and the Bureau of Health,
and he may be assigned such other executive duties as the
Governor-General may designate.
(b) Bureaus under the Department of the Interior.―Other
bureaus now included in the Department of Public Instruction shall,
until otherwise provided by the Philippine Legislature, be included in
the Department of the Interior.
(c) Succession to the office of Governor-General.―The
President may designate the head of an executive department of the
Philippine government to act as Governor-General in the case of a
vacancy, the temporary removal, resignation, or disability of the
Governor-General and the Vice-Governor, or their temporary absence, and
the head of the department thus designated shall exercise all the powers
and perform all the duties of the Governor-General during such vacancy,
disability, or absence.
Section 24.―The Insular Auditor
(a) Appointment, powers, duties.―That
there shall be appointed by the President an Auditor, who shall
examine, audit, and settle all accounts pertaining to the revenues and
receipts from whatever source of the Philippine Government and of the
provincial and municipal governments of the Philippines, including trust
funds derived from bond issues; and audit, in accordance with law and
administrative regulations, all expenditures of funds or Property
pertaining to or held in trust by the Government or the Provinces or
municipalities thereof. He shall perform a like duty with respect to all
Government branches.
He shall keep the general accounts of the Government and preserve the vouchers pertaining thereto.
It shall be the duty of the Auditor to
bring to the attention of the proper administrative officer expenditures
of funds or property which, in his opinion, are irregular, unnecessary,
excessive, or extravagant.
(b) Deputy Auditor and Assistant.―There
shall be a Deputy Auditor appointed in the same manner as the Auditor.
The Deputy Auditor shall sign such official papers as the Auditor may
designate and perform such other duties as the Auditor may prescribe,
and in case of the death, resignation, sickness, or other absence of the
Auditor from his office, from any cause, the Deputy Auditor shall have
charge of such office. In case of the absence from duty, from any cause,
of both the Auditor and the Deputy Auditor, the Governor-General may
designate an assistant, who shall have charge of the office.
(c) Jurisdiction of Auditor.―The
administrative jurisdiction of the Auditor over accounts, whether of
funds or property, and all vouchers and records pertaining thereto,
shall be exclusive. With the approval of the Governor-General he shall
from time to time make and promulgate general or special rules and
regulations not inconsistent with law covering the method of accounting
for public funds and property, and funds and property held in trust by
the Government or any of its branches:Provided, That any
officer accountable for public funds or property may require such
additional reports or returns from his subordinates or others as he may
deem necessary for his own information and protection.
(d) Decisions of Auditor.―The
decisions of the Auditor shall be final and conclusive upon the
executive branches of the Government, except that appeal therefrom may
be taken by the party aggrieved or the head of the department concerned
within one year, in the manner hereinafter prescribed. The Auditor
shall, except as hereinafter provided, have like authority as that
conferred by law upon the several auditors of the United States and the
Comptroller of the United States Treasury and is authorized to
communicate directly with any persons having claims before him for
settlement, or with any department, officer, or person having official
relations with his office.
(e) Financial reports.―As soon
after the close of each fiscal year as the accounts of said year may be
examined and adjusted the auditor shall submit to the Governor-General
and the Secretary of War an annual report of the fiscal concerns of the
Government, showing the receipts and disbursements of the various
departments and bureaus of the Government and of the various provinces
and municipalities, and make such other reports as may be required of
him by the Governor-General or the Secretary of War.
(f) Right of investigation.―In
the execution of their duties the Auditor and the Deputy Auditor are
authorized to summon witnesses, administer oaths, and to take evidence,
and, in the pursuance of these provisions, may issue subpoenas and
enforce the attendance of witnesses, as now provided by law.
(g) Supervision.―The office of
the Auditor shall be under the general supervision of the
Governor-General and shall consist of the Auditor and Deputy Auditor and
such necessary assistants as may be prescribed by law.
Section 25.―Appeal from Auditor’s Decision
(a) Time and form, of appeal.―That
any person aggrieved by the action or decision of the Auditor in the
settlement of his account or claim may, within one year, take an appeal
in writing to the Governor-General, which appeal shall specifically set
forth the particular action of the Auditor to which exception is taken
with the reason and authorities relied on for reversing such decision.
(b) Final decision.―If the
Governor-General shall confirm the action of the Auditor, he shall so
indorse the appeal and transmit it to the Auditor, and the action shall
thereupon be final and conclusive. Should the Governor-General fail to
sustain the action of the Auditor, he shall forthwith transmit his
grounds of disapproval to the Secretary of War, together with the appeal
and the papers necessary to a proper understanding of the matter. The
decision of the Secretary of War in such case shall be final and
conclusive.
Section 26.―The Judiciary
(a) Jurisdiction of courts and appointment of judges.―That
the Supreme Court and the Courts of First Instance of the Philippine
Islands shall possess and exercise jurisdiction as heretofore provided
and such additional jurisdiction as shall hereafter be prescribed by
law. The municipal courts of said Islands shall possess and exercise
jurisdiction as now provided by law, subject in all matters to such
alteration and amendment as may be hereafter enacted by law; and the
chief justice and associate justices of the supreme court shall
hereafter be appointed by the President, by and with the advice and
consent of the Senate of the United States. The judges of the court of
first instance shall be appointed by the Governor-General, by and with
the advice and consent of the Philippine Senate: Provided, That the
admiralty jurisdiction of the supreme court and courts of first instance
shall not be changed except by act of Congress. That in all cases
pending under the operation of existing laws, both criminal and civil,
the jurisdiction shall continue until final judgment and determination.
Section 27.―Cases Appealable to the United States Supreme Court
That the Supreme Court of the United
States shall have jurisdiction to review, revise, reverse, modify, or
affirm the final judgments and decrees of the supreme court of the
Philippine Islands in all actions, cases, causes, and proceedings now
pending therein or hereafter determined thereby in which the
Constitution or any statute, treaty, title, right or privilege of the
United States is involved, or in causes in which the value in
controversy exceeds $25,000, or in which the title or possession of real
estate exceeding in value the sum of $25,000, to be ascertained by the
oath of either party or of other competent witnesses, is involved or
brought in question; and such final judgments or decrees may and can be
reviewed, revised, modified, or affirmed by said Supreme Court of the
United States on appeal or writ of error by the party aggrieved within
the same time, in the same manner, under the same regulation, and by the
same procedure, as far as applicable, as the final judgments and
decrees of the district courts of the United States.3
Section 28.―Franchises
(a) Scope of franchises and power to change them.―That
the Government of the Philippine Islands may grant franchises and
rights, including the authority to exercise the right of eminent domain,
for the construction and operation of works of public utility and
service, and may authorize said works to be constructed and maintained
over and across the public property of the United States, including
streets, highways, squares, and reservations, and over similar property
of the Government of said Islands, and may adopt rules and regulations
under which the provincial and municipal governments of the Islands may
grant the right to use and occupy such public property belonging to said
provinces or municipalities:Provided, That no private property
shall be damaged or taken for any purpose under this section without
just compensation, and that such authority to take and occupy land shall
not authorize the taking, use, or occupation of any land except such as
is required for the actual necessary purposes for which the franchise
is granted, and that no franchise or right shall be granted to any
individual, firm, or corporation except under the conditions that it
shall be subject to amendment, alteration, or repeal by the Congress of
the United States, and that lands or right of use and occupation of
lands thus granted shall revert to the governments by which they were
respectively granted upon the termination of the franchises and rights
under which they were granted or upon the revocation or repeal.
(b) Conditions on grant of franchise, and revocation.―That
all franchises or rights granted under this Act shall forbid the issue
of stock or bonds except in exchange for actual cash or for property at a
fair valuation equal to the par value of the stock or bonds so issued;
shall forbid the declaring of stock or bond dividends, and, in the case
of public service corporations, shall provide for the effective
regulation of the charges thereof, for the official inspection and
regulation of the books and accounts of such corporations, and for the
payment of a reasonable percentage of gross earnings into the treasury
of the Philippine Islands or of the province or municipality within
which such franchises are granted and exercised:Provided, further,
That it shall be unlawful for any corporation organized under this Act,
or for any person, company, or corporation receiving any grant,
franchise, or concession from the Government of said Islands, to use,
employ, or contract for the labor of persons held in involuntary
servitude; and any person, company, or corporation so violating the
provisions of this Act shall forfeit all charters, grants, or franchises
for doing business in said Islands, in an action or proceeding brought
for that purpose in any court of competent jurisdiction by any officer
of the Philippine Government, or on the complaint of any citizen of the
Philippines, under such regulations and rules as the Philippine
Legislature shall prescribe, and in addition shall be deemed guilty of
an offense, and shall be punished by a fine of not more than $10,000.
Section 29.―Salaries
(a) Funds for salaries.―That,
except as in this Act otherwise provided, the salaries of all the
officials of the Philippines not appointed by the President, including
deputies, assistants, and other employees, shall be such and be so paid
out of the revenues of the Philippines as shall from time to time be
determined by the Philippine Legislature; and if the Legislature shall
fail to make an appropriation for such salaries, the salaries so fixed
shall be paid without the necessity of further appropriations therefor.
The salaries of all officers and all expenses of the offices of the
various officials of the Philippines appointed as herein provided by the
President shall also be paid out of the revenues of the Philippines
(b) Salaries of certain officers.―The
annual salaries of the following-named officials appointed by the
President and so to be paid shall be: The Governor-General, $18,000; in
addition thereto he shall be entitled to the occupancy of the buildings
heretofore used by the chief executive of the Philippines, with the
furniture and effects therein, free of rental; Vice-Governor, $10,000;
Chief Justice of the Supreme Court, $8,000; Associate Justice of the
Supreme Court, $7,500 each; Auditor, $6,000; Deputy Auditor, $3,000.
Section 30.―Salaries of Municipal and Provincial Officers
That the provisions of the foregoing
section shall not apply to provincial and municipal officials; their
salaries and the compensation of their deputies, assistants, and other
help, as well as all other expenses insured by the provinces and
municipalities, shall be paid out of the provincial and municipal
revenues in such manner as the Philippine Legislature shall provide.
Section 31.―Continuance of Laws
That all laws or parts of laws
applicable to the Philippines not in conflict with any of the provisions
of this Act are hereby continued in force and effect.
Approved, August 29, 1916.
No comments:
Post a Comment