Distribution of governmental powers in the PhilippineIslands; a study of the present government of the PhilippineIslands: its structure and the relations of the three branches
A Study of the Present Government of the Philippine Islands: Its Structure and the Relations of the Three Branches,
by
Juan Y, Javier
Submitted to the Faculty of the Graduate School of the University of Arizona in partial Fulfillment of
the requirements for the degree of Master of Arts in History and Political Science.
College of Letters, Arts and Sciences, University of Arizona, Tucson, Arizona May 10, 1929.
E?V9/ / 92.9 /£~
to inrMOTHER,
THIS WORK IS AFFECTIONATELY DEDICATED
71694
W S EThis BamBbript eMeavors to show the presence of tri
partite division of governmental powers in the present structure of the Philippine Government, as also found in most civilised governments. Despite the belief of many that the separation of powers in the Philippines is as complete as in most governments, it is attempted here to show that the Philippine Autonomy Act does not intend to have the three governmental authorities absolutely independent of each other. This is particularly true of the Executive and the legislature in their relations with each other. What the fundamental law really intends to do is to n 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.rt By . this, the Filipino people should be given participation in the exercise of the executive power, inasmuch as the Chief Executive is an American and he is neither a representative of* nor responsible to, the people of the Philip pine Islands. The creation of the Council of State comprising the Governor-General as ex-officio member, the Department Secretaries, and the spokesmen of the two
houses of the Legislature, demonstrates this fact.In the preparation of this work, I hare used freely
Philippine Statutes, Malcolm, n The Constitutional Law of the Philippine Islands,” Kalavv, " The Present Government of the Philippines," as well as the " Reports of the Governor-General of The Philippines," they "being the most authentic sources of materials written on the present structure of the Philippine Government. Indeed, in a work of this kind, it is more"fitting to apologize for anything now that one says than for following in old beaten tracks." I have, of course, hoped that without making too radical departures, I have introduced some improvement in the presentation of materials.
Much appreciated help, suggestions and encouragement from my professors and other friends are duly acknowledged.
J.Y.Y.
College of Letters, Arts and Sciences, University of Arizona,Tucson, Arizona.May 10, 1929.
CONTENTS********CHAPTER IINTRODUCTION Page
1. The Structure of the Philippine Government — -— — I2. The Philippine Autonomy Act-- —---------------- 43. The Separation of Powers in the Philippines — — — — 11
CHAPTER IITHE EXECUTIVE DEPARTMENT
I. The Governor-General — — ------ — ----- ------— ----- 12Cj e The Executive Departments 233, The Council of State — — — — — — — — — — -- — 294. The Pardoning Power------- — — — --- — — — 345, The Budget System — — — — — — — — — — 386. Finances of the Philippine Islands — ------- -— — 40
CHAPTER IIITHE RELATION OF THE EXECUTIVE TO THE JUDICIARY
1. The Judiciary-------------------------------------- 492. Immunity of the Executive from Judicial Control — - 553. Executive Function of the Judiciary — — ----------- 604. The Power of Removal for Cause---------- — — ------ 63
CHAPTER IVTHE RELATION OF THE EXECUTIVE TO THE LEGISLATURE
1. The Legislature — — - — 682. Executive Power of Supervision and Control -----— - 753. Legislative Function of the Executive — — — — — 824. Executive Function of the Legislature-------------- 90
PageTHE RELATIOH OF THE LEGISLATURE TO THE JUDICIARY
1. Legislative Interpretation — ------------ .-------- ----942. Inquisitorial Power of the Legislature and its
Power to Punish for Contempt--------------------983. Legislative Function of the Judiciary--- -----------101
CHAPTER VI LOCAL GOTERHMEBT
I* The Insular Government of the Philippine Islands — 1052. The Government of the City of Manila------- — ------1113. The Provincial Government--- -----— — — — 1214. The Municipal Government — --------— ------igo
THE STRUCTURE OF THE HIILIPPIHE GOVERHME1T * * * * * * *To "begin with, it is necessary to point out the different
forms of government which have existed in tho Philippine Islands since the American Occupation, Since the I3th day of August, 1898, there have existed in the Philippines several distinct forms of government,
First, A Ullitary Governmenti From the 13th day of August, 1898, until the first day of September, 1900, there existed a military government in the Philippines under the authority of the President of the United States, That government exercised all of the powers of government, Including executive, legislative and Judicial.
1. Report of the Governor-General of the P.I. House Document, Ho. 325, 7Uth Gong., 1st SesB., p. 50 (1927)
2the Philippine Coamleeion, dated April 7, 1900. Hon. William H.Taft, of Ohio; Professor Dean C. foreester, of Michigan; Hon.Luke I. Wright,of Tennessee; Hon. Henry C. Ido, of Vermont andProfessor Bernard Moses, of California) They are to continueand perfect the work of organization in the Philippines alreadycommenced "by the military authorities, subject in all respectsto any laws which Congress may hereafter enact. The instructionwhich dated April 7, 1900, at the Executive Mansion, Washingtonis as follows: Beginning with the first day of September 1900,the authority to exercise, subject to my approval, through theSecretary of War, that part of the power of government in thePhilippine Islands which is of a legislative nature is to betransferred from the military governor of the islands to thiscommission, to be thereafter by them in the place and stead ofthe military governor, under such rules and regulations as you■shall prescribe, until the establishment of the civil centralgovernment for the islands contemplated in the last foregoing2paragraph, or until Congress shall otherwise provide. On the fourth day of July, 1901, the executive power theretofore possessed by the military governor was transferred to the President of the United States Philippine Commission.
Third: Civil Government. From the 4th day of July, 1901, tothe 16th day of October,1907, the executive and legislative powersof the Philippine Government were possessed by the United StatesPhilippine Commission. The President of the Commission not onlypossessed and exercised the executive power of the governmentbut sat as a member of the United States Philippine Commission2. Instruction of the President to the Philippine Commission,T p b, April, v, j_yuu. Washington;
as a mcnber of the legislative department of the government.Fourth. legislative department of the government divided into
two "branches: On the 16th day of October,1907, the legislative of the government was divided into two branches -- The United States Philippine Commission and. the Philippine Assembly — which form continued up to the 16th day of October, 1916, The Governor-General during that period not only possessed the executive powers of the government, but acted as a member of the branch of the legislative department known as the United States Philippine Commission.
Fifth, legislative department of the government separated from the executive department: From the 16th day of October, 1916, until the present time, by virtue of the provisions of the Jones law, the executive and legislative departments of the government have beer, separated, each constituting a separate and distinct department of government, the first representedby the Governor-General and the second by the Philippine legis-
3lature.
In each of the separate forms of government above mentioned there existed the executive, legislative, and Judicial powers fully established and recognized by the only authority for theIexistence of said government — the Government of the United States.
3. Report of the Gov.Gen, of the P.I. Pp 51-52. (House Doc.Ho.325)
4
1 . PHIUPPIBE ▲UTOHOlCr ACT
The gorenuaent of the TMlippine leltmdo derived ito existence4
from the Aeta of Congress of July 1, 1902, of August 29, 1916, known as the Jones Act, and other general acts, which though enacted primarily for the United States are by some section or provision therein also expressly extended to, made applicable to or put in force in the Philippine Islands, The Act of July 1, 1902, although according to its title, " an act temporarily to provide for the administration of affaire of civil government in the Philippine Islands," created a structure of government eoriferring well-defined legislative, executive and Judicial powers and dealt in great particularity with public and mineral lands, franchises, coinage, etc. In brief, it was a detailed Congressional law establishing an autonomous government for the Philippine Islands.This Act of Congress of August 29, 1916, better known as the
5Jones law or the Philippine Autonomy Act , while superseding thefirst Act, embodies many of its provisions and is considered the" nearest approach to a Philippine Constitution.'! The present government of the Philippine Islands is based on this law,
1. Outstanding Features of the Philippine Autonomy Act:
There are two kinds of delegated powers provided for in the organic act, namely, those which are delegated to the Governor- General, and those which arc given to the Filipino people. The Governor-General is the official representative of American sovereignty in the Philippines and is vested with supreme executive power. In the exercise of this governmental power the guide should4. Statute at large of the United States, 32: chapter 1369.5. Statute at Large or tne unl't'eU' Stales, 39: chapter 416.
■fae the spirit and purpose of the Jones law expressed in its preamble :
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" Whereas it was never the intention of the people of the United States in the incipieney of the war with Spain to make it a war of conquest or for territorialaggrandisement: and
" Whereas it is, as it has always been, the purpose of the people of the United States to withdraw their sovereignty over the Philippine Islands and to recognize their independence as soon as a stable government can be establish therein: and
" Whereas for the speedy accomplishment of such purpose it is desirable to place in the hands of the people of the Philippine Islands 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 better pros pared to fully assume the responsibilities and enjoy all the privileges of complete independence.n 6
As enacted the Jones Act was regarded by Congress as a logical steps towards the goal of Philippine self government which the United States had kept in view from the beginning of its Philippine experiment. The passage of such law resulted in the transfer of a large share of power in the government of the Philippine Islands from American to Filipino hands, with the control and responsibility in many important matters in the office of the Governor-General. This also resulted in the hearty cooperation of the American chief executive and the Filipino legislature. There is set up a government in which the rilipino legislature representing the people of the Philippines associatedwith the chief executive representing the government of the
7United states.The powers delegated to the Filipino people arc lodged in
G. Act of Congress of .,ug. 29, 1916, chap. 416.7. ilsyden, " The united States and the Philippines" An.Acad, of
Pol.and See.Sol. Vol.CXXll, Pp 30-40.
the Philippine legislature, consisting of two Houses, which areseparate coordinate "bodies, to wit, the Senate and the House ofRepresentatives. This "body is vested with general legislativepower, ” when not inconsistent with this Act, "by due enactmentto amend, alter, modify, or repeal any law, civil or criminal,continued in force "by this Act as it may from time to time see 8fit." Under the provisions of the Jones Law there is no doubtthat the Filipino people are entitled to complete control oflegislation subject only to the veto power of the Governor-General and, in a very few eases, to the final decision of thePresident of the United States. In view of the status of theGovernor-General the veto power should be exercised with care.
/ills position differs from that of the President of the UnitedStates, in that the President represents the people while theGovernor-General"represents external control, foreign to, andnot representative of, the people,so that unless advised byresponsible Filipino eounselhrs or by an overwhelming publicopinion, his veto cannot be said to bo the people’s veto." Theliberal use of the veto power is incompatible with the scheme of
9establishing Philippine Autonomy. "Autonomy" has been defined, as''the self determination of a society, the freedom to develop those customs and institutions which spring naturally from its ethnical characteristics and from social and economic conditions under which it lives.
The most important change affected by the Jones Act in the
«»6 ~"
8* Philippine Autonomy Act. Act of Congress of Aug.29,1916.Sec.7. 9. Kalaw, The Present Government of the Philippines, p 12.
-7-legislative department of the gorernment v/as the abolition of the appointive upper chamber, the Philippine Commission, and the substitution in its stead of an elective senate of twenty four members. This meant that every member of the legislature was to be a Filipino and. with the exception of two senators and nine representatives appointed by the Governor-General to represent the non-Christian tribes was to be responsible to the Filipino people. To this legislature was given a general grant of legislative poweri with certain reservations intended to protect thefundamental rights of individuals and the natural resources of 10the country. Some restrictions of the broad legislative powers of the Philippine legislature are mentioned in the Act, such as matters dealing with public lands, tariff, immigration, and currency. Acts concerning the above matters, which have been approvedby the Governor-General, do not become laws until they receive
11the approval of the President of the United States.
In the executive department changes were also made. The governor-generalship was retained and in the holding of the office was retained the "supreme executive authority" of the government. To this official appointed by the President of the United States with the adviee and consent of the Senate was given M generalsupervision and control of all the departments and bureaus of the
12government.MIn the Philippines at the present time the exact situation
with respect to the two kinds of delegated power, is expressed
10. Hayden, op.oit.. p. 35.11. Philippine Autonomy Act. Sec. 10.12. Hayden, op. oit.. p. 56.
«»8 *»
"by Justice Malcolm when he said, n where Philippine Autonomy ’begins and ends, is not clear, and one or the other is liable constantly to trespass on the shadowland between the two. Another ground for misunderstanding provided by the Jones law is that it makes the Governor-General the representative of American sovereignty and grants to him supreme executive power, while at the same time it makes the Philippine legislature the representative of the Philippine autonomy and grants to it general legislative power. Without the exercise of extreme care the Governor-General could, under his delegated authority, principally through his veto power, undermine the autonomy which was intended to be lodged in the Filipino people, while the Philippine legislature could, under its delegated authority, by the enactment of laws which received the acquiescence of a complacentchief executive, and which were declared invalid, undermine the
13power of the chief executive."
The Philippine legislature was authorized to organize theexecutive departments as it saw fit, but the law required it toprovide for n the appointment and removal of the heads of theexecutive departments by the Governor-General," and also thatall executive functions of the government must be directly underthe Governor-General or within one of the departments under the
14supervision and control of the Governor-General. The power ofappointment was to be exercised with the advice and consent of
15. Philippine Free Press, no 16-25, (Oct.20, 1926.)14. Hayden, op. cit.. p 52.
-9-tho Philippine Senate, The gnaliflecL veto power ( with an appeal to the President of the United States ) the power of pardon, in fact the usual powers of the American chief executive were vested in the chief representative of American sovereignty in the Philippines.
The re-organization act,(1917) passed in the Philippines provided for six executive departments. Except for the Secretary of Public Instruction ( who is also Vice-Governor and is appointed by the President of tho United States ) their heads were to be appointed by the Governor-General, by and with the advice and consent of the Philippine Senate. The act sought to make these secretaries accountable to the Philippine Legislature, rather than to the chief executive. Thus in general form ( the Jones Act left the judiciary untouched ) the government of the Philippines was organized very much as 18 the government of the United States, or of one of the states of the Union. The executive and legislative functions were separated in accordance with thetheory of checks and balances, which Woodrow Wilson had long
15shown to have distinct limitations in practice even in America,
Perhaps one of the most important of the powers given to the Filipino people is the control of the public money by means of the budget system. The framing of the budget lies in the hands of the legislators and not in the executive. On the whole, the feeling prevailing among the Filipinos is towards giving a very large control of administrative matters to the legislature, This is to be expected if Philippine Autonomy would import its real meaning at all.
15, Hyden,"The United States and the Philippines/' Am.Acad,of Political and Social Science, Vol.CXX11, p.SS
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It is believe! that the Filipinos* by drafting a suitable constitution, may be able to render secure their liberty, and yet obtain nearly absolute government, retaining the essential features of the American government, but Including the parliamentary system.
It should be noted that the appearance of Secretaries of Department before either house of the legislature, their being constituted into a Council of State together with the legislative leadersj and the preparation of the appropriations according to a budget system arc among others' the destructive features which make moro similar to the parliamentary system than to the presidential type. This is what is practiced in the Philippines.
16. Constitutional Development of the Philippine Autonomy. #.11, (iioniia,i.iarcfi )
17by an Assembly of Representatives of the nation.... The executive power shall be vested in the President of the Republic
18who shall exercise it through hia Secretaries.... The power toapply the laws in civil and criminal cases in the name of the na-
19tion shall belong exclusively to the courts....
Like the government of the United States, the government of the Philippine Islands is based upon tho fundamental principles of the separation of powers. Subject only to the exceptions especially established by the organic act, neither of the great departments of the government may validly exercise any of the powers conferred upon either of the others. The duties of each department are well defined and limited to certain fields of governmental operations. Each department exercises functions as independent of each other as the Federal or state governments of the 20Union. Bo well organized government or business even can be well managed if one department can enter upon the field of another and attempt to administer or interfere in the administration of the other.
17, Report of the Philippine Commission, Sixty Third Congress, Third session, vol. 1, Senate Poe, 208, Part 1 p 207,13. Ibid., Art. 56.
19. IbldT,20»-'tfepdrt of, the Governor-General of the P.T. p, 45. (1927)
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The 'balanoe of powers of the government of the Ihilipplnos provided for in its charter or constitution ( Jones law ) v/ao not the result of chance. The various parts did not fall into place merely through the vecissitudes of circumstance. They were devised by careful foresight each in a measure dependent upon the others and not possessed of so much independence as to give freedom and eourage in the exercise of their functions.
The executive department is limited to the execution of valid laws adopted by the legislative department of the government. The legislative department is limited to the enactment of laws and to the Investigation of facts necessary for wise legislation. The judicial department of the government is limited to the administration of justice and the interpretation of the laws. In ease of differences between the executive and legislative departments as to their respective powers, it has long since been con-
21ceded that the supreme court shall act as an umpire.The different departments of the government of the Philippines
are coordinate, co-equal and each functions independently, uncontrolled, and uncontrollable by the other. But of course, there exists some exception to this rule. For example, the executive department of the government may annul and set aside acts of the legislative department of the government under its power of veto. So may the legislative department of the government annul and set aside actions of the executive department of the government by repealing or amending laws. So likewise the judicial department of the government may annul and set aside acts of the legisla-
21. Report of the Governor-General of the T.I. p 44 (1927)
-13-tire department of the government when such acts are contrary tothe fundamental laws of the state or beyond the powers of the le-
22gislative department.It 1b beyond the power: of any branch of the government of the
Philippine Islands to exercise its functions in any other way than that prescribed by the organic law or by local laws which conform to the organic law. jm act of the Philippine Legislature must comply with the grant from Congress. To the government of the Philippine Islands has been delegated a large degree of autonomy, and the chief exponent of that autonomy in domestic affairs is the Philippine Legislature . The Governor-General on the other hand is the head of the government and symbolises American sovereignty. The Organic Act vests ” the supreme executive power " in the governor-general, and in addition to specified functions he is given " general supervision and control of all the departments and bureaus of the government as far as is not inconsistent with the provisions of the organic act."The authority of the chief executive of the Philippines is made secure by the important proviso " that all executive functions of government must be directly under the Governor-General orwithin one of the executive departments under his control and23supervision."
Rights of the Courts to decide the question relating to the different departments of the government: The courts will hesitate to intervene for the purpose of passing upon the respective powers of the different departments of the government, and will
22. Ibid., p29.23. Ibid.0 p 32.
not do so until that question is squarely and fairly presented.In exercising the high authority conferred upon the courts to pronounce valid or invalid a statute, they are only the administrators of the public will as expressed in the fundamental law of the land. If an act of the legislature is to be held illegal it is not because the judges have any control over the legislative or executive powers, but because the act is forbidden by the fundamental law of the land and because the will of the authors of the organic law is paramount and must be obeyed even by the legislative and executive departments of the government. In pronouncing a statute illegal the courts are merely interpreting the
24meaning, force and application of the fundamental law of the state.
Turning to the Act of Congress of August 29, 1916,commonly known as the Jones law for the purpose of ascertaining what power or authority to legislate was granted to the Philippine legislature, we find that, while the legislature was given " general legislative power •'( sees. 7,8,12) all laws enacted by the Philippine v legislature shall be reported to the Congress of the Unite* States, which reserves the power and authority to annul the same." Hot only must all: laws enacted by the Philippine legislature be reported to Congress for approval but certain laws, in addition to the requirement that they must be submitted to Congress, must be submitted to the President of the United States for approval, secs. 9,10, 19.) In other words, no act of the Philippine legislature can have the force and effect of the law until it has been either expressly or tacitly approved either by the Congress or by
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24. Ibid.. p 30
-15-the President of the United States. 1161 ther could It he contendedthat the express or tacit approval hy the Congress of the UnitedStates or hy:the President of a law ntherwlse Illegal and voidwill render such valid If, In fact, it was adopted without power
25or authority.The present government of the Islands is a mere continuation
and confirmation of the government which had previously existed until the"Philippine Bill? The Philippine Autonomy Act, under which the present government is organized, recognizes three governmental powers. The executive power is vested in the Governor- General of the Philippine Islands who is to he assisted in his administrative functions hy the heads of the executive departments who perform their duties under his supervision and control. The legislative power is vested in the Philippine legislature which is granted general legislative authority. The Judicial power is vested in the courts which are to continue to possess and to exercise the Jurisdiction heretofore provided. It is hollered that these three powers are fundamentally co-ordinate and co-important« Hr, Justice Moreland expresses this fundamental doctrine in the following words: " The three departments are not only co-ordinate; they are oo-equal and co-important. ilfhile interdependent, in the sense that each is unahle to perform its functions fully and adequately without the other, they are nevertheless in many senses independent of each other. That is to say,one department may not control or even interfere with another in the exercise of its particular functions. This, of course,is fundamental. That the court May declare a law passed hy the legislature unconstitutional and
25. Report of the Governor-General of the P.I. p 48. (1927)
—16—void, or an act of the executive unauthorized and Illegal; or that the legislature may curtail, within limits, the Jurisdiction and power of the courts, or restrict in a measure, the scope of executive action; or that the executive may, "by his veto, render null and ineffective the acts of the legislature, and these effectually thwart the purposes of the majority,-— does not affect that independence. These are merely the checks and balances made by the people through the constitution, inherent in the form of government, for its preservation as an effective institution. Inspite of these checks and balances, if not by reason of them, the fundamental departments of the government are independent of each other in the true sense of the word. The quality of
26the government consists in their remaining so."
Mr.Justice Elliot is of the same opinion, saying that the " Government of the Philippine Islands is a complete governmental organism with executive, legislative, and Judicial departments exercising the functions commonly assigned to such departments. The separation of powers is as complete as in most govern-
27ments.M Mr. Justice Johnson also states that " under the form of government established in the Philippine Islands, one department of the government has no power or authority to inquire into the acts of another, which acts are performed within the discretion of the other departments.n
The contrary view is maintained by Dean Kalaw when he says:Those who are prone to accept nothing that is not found, literally,
20. Malcolm, Philippine Constitutional Law. p 243.27. Ibid.. ---- -----------------------
-17in "black and white, in the provision of the Jones law— — and forget that political law Bust necessarily he interpreted literallywith the changing political conditions-- may cite the decisionsrendered by our Supreme Court, in which the separation of powers as it is presumed to exist in the United States is said also to exist in the Philippine Islands. They might mention Soverlno vs. Governor-General, U.3. vs. Bull, both handed down in 1910, and other cases. The first case states: ” This Government being no- deled after the Federal and State governments in the United States now possesses a complete governmental organization, with executive and judicial departments, which are exorcising functions as independent of each other as the Federal or State governments. 11
Continuing, he says; " In the first place, it is better to note that the court in the above cases did not declare that the three governmental powers are completely separate and independent, both personally and organically. We have observed elsewhere that even in the United States complete separation and independence do not exist, './hat the court decided was that these governmental departmental departments must each exercise their functions Independently of the others. It did not in those cases prohibit officials from holding both executive and legislative positions. In 1910, when those cases were decided there was more personal merging of the executive and legislative departments than now. The Philippine Commission was both an executive and a legislative body; most of its members held both executive and legislative positions and its chairman was the Governor-General.
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The members of the Philippine Commission who hell executive positions at the sane time must, however, perform, their separate funct ions in their separate capacities. As an executive, Gregorio Ara- neta was Secretary of Finance and Justice, but as a legislator,he was a: metober of the Philippine Commission. It is the same way
28in other constitutional governments.” Concluding, he says:While v/e do not say that our government is perfect, at least wo believe that our system in this respect is an improvement over the American model. Instead of the extra-legal and clandestine relations of the American system, v/e substituted an open and visible one. «7e have provided (1) that the secretaries of the departments can appear on the floor of the legislature and can be called by the legislature on matters pertaining to their departments; (2) that the legislative leaders should be members of the council of state; (3) that the Council of State shouldopenly assume the responsibility before the legislature and the
29country for the fiscal plan of the government,"
29. Kalaw, The Present Government of the Philippinea. Ip. 39-40
I. The &QTernor«»GoneralThe Crovexmor-General is appointed hy the President of the
United States with the consent of the American Senate. He is the Chief Executive of the Philippines, and holds his office at the pleasure of the President, and until his successor is chosen and qualified. He is responsible, through the Secretary of War, to the President and the American people, for his acts* Although there has never been a lav; prohibiting the appointment of a Governor-General other than an American, the practice has been followed, and the Philippines have still an American Governor-General,
Very extensive authority over the public service is grantedthe Governor-General. He has power to appoint, by and with theconsent of the Philippine Senate, such persons as could, on thedate the Philippine Autonomy Act went into effect, be appointedby the Governor-General, together with such officers as areauthorized by the Organic Act, or whom he may hereafter beauthorized by law to appoint. In his administrative work, heis delegated by lav; to have general supervision and control ofall the departments and bureaus of the Government of the Philip-
1pine Islands. In addition the following are the various specific functions which the Governor-General is charge by law to exercise:
1. The Governor-General appoints all important Philippine officials, with the exception of the Vice-Governor, the Justices of the Supreme Court, and the Auditors. The consent of tho Philippine Senate is, however, necessary except in the case of appointive1. Senate Document, Ho. 581, 64th Cong., 1st Sess.t Sec.21
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senators and representatives.2. He has the power to remove officials and to order an inves
tigation of the conduct of any action of persons in the government service. In connection with this investigation he may designate an officer, committee or any person who shall conduct the investigation.
3. He may reserve from settlement or public sale, and for specific public uses any public or private land of the Philippine Islands, the use of which is not otherwise provided by law.
4. He determines when it is necessary or advantageous to exercise the right of eminent domain in behalf of the Government of the Philippine Islands. If he decides to.do this he advises the Attorney General to institute condemnation proceedings in the court having proper Jurisdiction.
5. He is authorized to grant to convicted persons reprieves or pardons, conditional or unconditional, as well as to suspend sentences without pardon, to remit fines, and to order the discharge of any convicted person;:on parole.
6. He is empowered to deport from the Philippine Islands any subject of a foreign power after a proper investigation in which the person concerned is given a ohanoe to defend himself,
7. He is the Department Head of the Bureau of Civil Service and the Bureau of Audits. He may order the examination of the books and accounts of the Auditor and Treasurer, and submit the report of his financial investigation to the Secretary of War.
8. He con with the approval of the Philippine Senate and for the purposes of protection and the keeping of peace, order the concentration of the inhabitants from outlying barrios in smaller communities.
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9. He has the supervision of the issuance of passports to citizens of the Philippine Islands and the United States who want to go abroad.
10. He takes charge of all extradition cases.11. He supervises the correspondence touching the foreign rela
tions of the Philippines, such as the correspondence with the Bureau of Insular Affairs, the United States Consuls abroad, and the foreign consuls in the Philippine Islands.
12. He confirms the election of the insular and provincial officials.EThe Governor-General is designated as the commander-in-chief of
all the local armed forces and militia. In times of great disorder,when the sovereignty of the United States must assert itself, theGovernor-General will make use of the locally armed forces. Butwhen the danger is imminent, he can call upon the military andnaval forces of the United States in the Philippines. When there isan apparent need of the suspension of the privileges of the writof habeas corpus, or the placing of the islands or any part thereofunder martial law, he may do so. It is requisite that when he takessuch course as above stated he must communicate with the Presidentof the United States Immediately informing him of all the facts in 2the case.
Duty of the Governor-General of the Philippine Islands when he is advised of the illegality of the law is to disregard it or formulate a proper issue to be presented to the court concerning its legality— It is a sworn duty of the Governor-General to execute the laws. That duty, however, does not require.him to execute an illegal act of the legislature. When he is advised by his legal department that a certain act, or any part thereof, of the legis-
2. 65th Congress, 2nd sess., Sen.Boo. Ho. 124, Sec. 64.(1918)
lature is illegal and void, he may do one of two things: (a) He may disregard it and refuses to execute it, or 0>) he may formulate an issue upon the alleged legality and have that question presented to the court for solution. He is acting within his power whichever of these courses he elects to take. To disregard an illegal and void act of the legislature is neither tyrannynor a violation of his sworn duty to enforce or permit the en-
3forcement of an illegal act.
Exclusive duty of the Governor-General to protect the property of the Government— — It is the duty of the Governor-General, as the supreme executive officer to protect the property of the■government, if he hy negligence or inattention to that responsibility, permits that property of the government to he wasted, destroyed, or lost, he subject himself to the danger of impeachment. His responsibility is, then, one of great seriousness. He
4should not supinely disregard it.
3. 70th Congress, 1st seas.. House Hoc. Ho.325, p 52. (1927)4. Ibid
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2. THE EXECUTIVE DEPARTMENTS.
The Philippine Commission, acting under the direction of thePresident of the United States, by Act No.222, passed Septembersixth,nineteen hundred one established four executive departments5for the Government of the Philippine Islands. These four departments, with their constituent bureaus, which sufficiently indicate: the jurisdiction of the respective departments, are as follows:
1. DEPARTMENT OF THE INTERIORBureau of HealthQuarantine Service of the Marine Hospital CorpsBureau of ForestryBureau of MiningBureau of AgricultureBureau of FisheriesWeather BureauBureau of Public LandsBureau of Patents and Copyrights
2. DEPARTMENT OF COMMERCE AND POLICEBureau of Island and Interisland Transportation Bureau of Post-Offices Bureau of Telegraphs Bureau of Coasts and Geodetic Survey Bureau of Engineering and Construction of
Public Works other than Public Buildings Bureau of Insular Constabulary Bureau of Prisons Bureau of Light houses.
3. DEPARTMENTS OF FINANCE AND JUSTICEBureau of Insular Treasury Bureau of Insular Auditor Bureau of Customs and Immigrations Bureau of Internal Revenue Bureau of JusticeBureau of Banks, Banking, Coinage and Currency
4. DEPARTMENT OF PUBLIC INSTRUCTIONBureau of Public Instruction Bureau of Public Charities, Public Libraries
and Museums Bureau of Statistics Bureau of Public Records Bureau of Public PrintingBureau of Architecture and Construction of Public Buildings.
5. Acts of Congress and Treaties Pertaining to the Philippine Islands. p 1.iWashington. 191%.)
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Act Ho. 1407 of the Philippine Commission reorganized the above departments and bureaus and offices of the Government, abolished certain bureaus and offices and created others in their stead.
Commenting on this organization, Senator Palma says: n This organization was not better than the previous one, because under it bureaus whose activities were very dissimilar v/ero kept in the same department. In the Department of the Interior, the Bureau of Health remained side by side with that of lands and the Bureau of Agriculture with that of the Quarentine Service.In the Department of Commerce and Police the Constabulary continued side by side with the Bureau of Public Works and the Bureau of Posts together with that of Post Works. The Department of Finance and Justice still performed its legal functions at the same tine as the work of nolleoting custom dues and internal revenue taxes. The Department of Public Instruction continued to solve educational problems and have charge at the same time of the Bureau of Supply and Printing, a rare combination indeed."
He also made this remark:"The mere mention of the names given to those departments shows that organization to be theoritieally defective. Ho country in the civilized world has organized a department of commerce and police, because commerce and police involved completely contrary and antagonistic ideas. Commerce is essentially pacific, while the police is essentially warlike. Her is it good logic to join finance and justice, because, as the chairman of the select committee which has had this bill under examination said very well, that finance and Justice do not
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imply homogeneous ideas, nor do they include identical functions; on the contrary, our experience lead us to affirm does not always have a thorough knowledge of finance, hut that in the majority of cases lawyers are the poorest financiers of the world, at least so far as the management of thfcir own interests is concerned.”
The passage of the Philippine Autonomy Act enables the newly created Philippine legislature to remedy the defects pointed out by Senator Palma. There were several reasons why the reorganisation was made. The law has given the legislature the power to ”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 to ” provide for the appointment and removal of
7the heads of the executive departments by the Governor-General.n Besides the one given other reasons may be stated which prompted the legislature to reorganise the departments. It was necessary that there be more logical and scientific regrouping of bureaus and offices. It was also necessary that there be harmonious action and cooperation between the executive heads and the legislature. lastly, to give to the departmental heads ample authority and power over the bureaus and offices under then.
In this scheme of the reorganization of the departments, the following plan of the Efficiency Board was chiefly followed. Instead of the old four departments there were to be six departments to correspond to the six principal purposes which a fairly well organized government has to accomplish, to wit:
(1) THE DEPAHTUEHT OF THE INTERIOR: The Political direction of the various local adminiotratlvm units, such as departments, provincial and municipal governments, and special governments.
(2) THE DEPARTMENT OF PUBLIC INSTRUCTION: " The guardianship of the State over the mental development and physical welfare of the citizens."
(3) THE DEPARTMENT OF FINANCE: "The collection of public revenues and administration of the finances and business of the government .n
(4) THE DEPARTMENT OF JUSTICE: " The enforcement of the lawand maintenance of order and safe-guarding of the citizens and their rights."
(5) THE DEPARTMENT OF AGRICULTURE AND NATURAL RESOURCES: " Theguardianship in connection with the preservation of the natural resources and the development of its sources of wealth.0
(G) THE DEPARTMENT OF COMMERCE AND COMMUNICATION: " The carrying out of such work and services as cannot be performed by private 8citizens, conducive to the common welfare and public prosperity.”
The reorganized departments with their constituent bureaus and offices sufficiently indicate the Jurisdiction of the respectivedepartments, are as follows :
(1) OFFICE 07 THE GOVERNOR-GENERAL Bureau of Audits Bureau of Civil Service Philippine National Guard
9
(2) DEPARTMENT OF THE INTERIORBureau of Non-Christian Tribes Philippine General HospitalBoards of Pharmaceutical Examiners and InspectorsBoards of Medical, Dental and Optical ExaminersBoard of Examiners for NursesExecutive BureauPhilippine ConstabularyCommissioner of Public WelfareCities of Manila and BaguioProvincial and Municipal Governments
8. Congressional Record. 62: 962-7,(Jan.5,1922)9, For administrative purposes the Governor-General shall be consi
dered the Department Head of the Bureaus mentioned.
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(3) DEPARTMENT OF PUBLIC INSTRUCTIONBureau of Education Philippine Health Service Bureau of Quarentine Service
(4) DEPARTMENT OF FINANCEBureau of JusticeCourts of First Instance and Inferior Courts General Land Registration Office Public Utility Commission Philippines Library and Museum Bureau of Prisons
(5) DEPARTMENT OF AGRICULTURE AND NATURAL RESOURCESBureau of Agriculture Agricultural Colonies Bureau of Forestry Bureau of Lands Bureau of Science Weather Bureau
(6) DEPARTMENT OF COMMERCE AND COMMUNICATIONBureau of Public WorksBureau of PostsBureau of SupplyBureau of Commerce and IndustryBureau of LaborBureau of Coast and Geodetic Survey
In each department there is an under-secretary whoso duty is to assist the secretary of the department in the performance of his duties. When a department secretary is unable to perform his duties owing to illness, absfence or other cause, or in case of vacancy in the office, the respective under-secretary shall temporarily perform the duties of the said office. Not like the departmental secretaries who go out of office at a periodical renewal, the under-secretaries remain in office during good behavior. At least this has been the practice.
The six departmental heads comprise the cabinet. Their departments are established for the proper distribution of the work of the Executive, for the performance of the functions expressly
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assigned to them by lav/, and in or&tir that each branch of the administration may have a chief responsible for its direction and policy. Each departmental secretary shall announce the burdenand responsibility of all activities of the government under his10control and administration.
The position of the Secretary of Public Instruction is held by the Vice-Governor General, who is also appointed by the President of the United States, The other secretaries are appointed by the Governor-General with the consent of the Philippine Senate and hold office at his pleasure. With the exception of the Secretary of Public Instruction, all secretaries shall be citizens of the Philippine Islands and shall have resided In the Islands oontin- ously during the three years next proceeding their appointment and be not less than thirty years of age.
It is Interesting to note that this cabinet, unlike the cabinet of the President of the United States, is accountable to the Philippine legislature. " Tho Secretaries nay be called, and shall be entitled to be heard, by cither of the two Houses of the legislature, for the purpose of reporting on matters pertaining to11their Departments.n The creation of the Council of State, whose duty is to aot as an advisory body of the Governor-General, has taken the function originally belonging to the Cabinet.
The need for a responsible and undivided leadership in the two branches of government: legislative and Executive, is perhaps one of the reasons whieh lead to the creation of the Council of State, This institution created by an Executive Order of the Governor-General under date of October 16, 1918, is another indicium consistent with the establishment of Philippine Autonomy , It has long been felt by the Filipinos that the largest amount of self 'government in which the” counsel and experience” of the peOil® will play the greater part can best be attained by the creation of such body. In his message of October 16,1917, speaking on the subject, Governor-General Harrison says:
" Whatever may be our ideas theoretically as to the best method of conducting the affairs of our government, the method should be followed which will tend to bring all responsible elements of the public administration in close cooperation, prevent unnecessary friction in adjusting and operating the component parts of the administrative machinery, and thus secure rapid and united action and substantial results. This cooperation is particularly essential in moments of difficulties and crises, A lack of coordination of the elements of government or the failures of the great measure of government demanded by the public interest will not result in the final favorable opinion which the world will form of the political capacity of the Filipino people, but such final favorable opinion will of necessity be based upon the united and responsible action of the government, working and operating like an organized and efficient
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whole , and keeping in view the neeesaitiee and aspirations ofthe people to whose seonrity and welfare «e arc jointly ooneeora-
12ting our best efforts.n
The major objects for the creation of the Council of State are twofolds: First, to have a definite body which could advise the Governor-General on matters of importance, with the aoquiose cense and support of the Filipino elements in the government. Secondly, to place responsible leadership In the government in a body indirectly responsible to the people. The Council of State is similar to the cabinet and has two additional members, namely, the spokesmen of two Houses of the Legislature. In other words, the cabinet is retained but it has two addltonal members. The Governor-General presides over the Council, but he allows it to elect a vice-president. In the absoense of,the Governor-General the vice-president of the council presides, Sinee its creation it has been possible to coordinate and to secure close relationship between the Executive and the Legislative.
Among the functions which have been designated to the Council of State are as follows:
1. It coordinates and harmonizes the action of the Filipino elements in the government.
2. It advises the Governor-General on important matters.3. Its approval may be required by law. For instance, the law
passed by the Philippine Legislature (Fifth) penalizing the monopoly, holding, and speculation in rice, specially provides that the Governor-General, with the consent of the Council of State, could issue the necessary rules and regulations to enforce the measure.12. Quoted from Kalaw, The Present Government of the P.I. p 25.
4, It prepares and approves the budget before the Governor-General sends it to the legislature.
5, It decides upon the expenditures of the government funds as provided by the Philippine Legislature for specific purposes, like universal free education and the sending of government students abroad,
6. It decides upon the policies of the different departments13
of the government.
Humorous objections have been raised to the Council of State. Members of the opposition party(The Democrats) in the legislature have maintained that this body has no legal existence and that it exercises undue control over the legislature. The ex-Gov emor General Harrison, while believing that the Council of State is of an undoubted great value to the executive and productive in general of greatly increased harmony between the executive and legislative branches, had been unwilling to approve the suggestion that this extra-oonstitutional body be established by law in order not to tie the hands nor to appear to limit the constitutional powers of his successor. As the Council of State stands, any Governor-General of the Philippine Islands, may, by executive order, abolish the Council of State, change its existing membership, or add greatly to the numbers thereof to include additional persons whom he may wish to nominate as his regular advisers upon public matters. In fact, the legislature has given to the Council of State the authority to exercise in detail functions reallylegislative, such as the allotment of appropriations, the fixing
14of rates and the division of duties.
13. Congressional Digest.. Vol.III, Ho. 7, p 227(April,1924)14* Report of tne uov.uon. of the P.I, pl7,(Dec. 31, 1920)
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The greatest point of objection is that this body is a creation of the Covernor-CreneraJ. by means of an executive order, and accordingly, it can be destroyed at will by its creator or greatly modified to give it an unpopular character.
JCalawIn answer to this, Professor*has this to say, " The reason why it was originally established by an Executive Order was that, had it been created by law at the beginning, no member of the legislature could have occupied any position in it, because of the prohibition to members of the legislature from holding positions created hy themselves." He goes on to say, " However, there is no reason why the establishment of the Council of State and its composition, cannot be formally recognized and ratified by a law passed by the legislature. Its existence has virtually been ratified in the many laws passed by the legislature which confer specific powers on the Governor-General subject to the consent of the Council of State, and some of these laws have been signed by the President of the United States. Others deal with such important subjects as the spending of $15,000,000 for education and
15the regulation and control of foodstuffs.
In the banquet given in honor of Governor-General Stimson by the Senate President Hamel Quezon, he said (Gov.Gen. Stimson)" With the creation of the Council of State, your leaders in the Legislature and your Governor-General, working together in common conference have completed a program of governmental machinery designed to produce cooperation between the executive and the legislative branches of the government. The Executive has been given
15, KaJLaw, op.cit., p 43,
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tho means for the creation of on adequate staff to enable it to exercise its constitutional duty of supervision, without destroying departmental autonomy; a Cabinet has been formed which possesses the confidence of the Legislature and has been given the privilege of presenting its views on appropriate leglsla- latlon on the floor of both houses and of being there interrogated as to the performance of its functions, and finally the Council of State has been created, designed to assist the Executive in his duty of suggesting a legislative program with theadvise of those individuals best qualified to anticipate the
16views of the Legislature.n
In addition, " Through the Council of State, unnecessaryj arrings tending to develop discord between the two brancheshave been legally eliminated. Its good results are seen in themaking end passing of the budget, which for many years put thesuccess of the Philippine Government in doubt. Today, decisionon it is reached in the meeting of the Council of State, andwhen the budget id presented by the Governor-General in the fprmof recommendation it is practically in finished form, and theLegislature has been more or less acquainted with the items.The budget for 1927 passed the Legislature with only minor
17amendments.n
16. Philippine Tribune n The Council of State" pp 1-5,(Sept.28,1928)17. Representative Soriano, "Function of Council of State" Tribune.p3.
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4. THE PARBOHIHO POWER***************Regarding the right to grant pardons and reprieves, the
Supreme Court of the United States has said that the effect of a full pardon is to make the offender, in the eye of the law, " as innocent as if he had never committed the offense, hut this does not have the effect of restoring property that has been forfeited or office that has been vacated, A reprieve is, of course, only a suspension of the execution of a sentence. In wielding this power the President acts under two express constitutional limitationsi he cannot pardon a person who has been convicted on impeachment and thus restore him to office; and he can grant a pardon only when: the offense lias been against the authority of the United States and not that of the state. Outside of the restrictions mentioned, the pardoning power is very ample. It may, Indeed, be used in behalf of a stipulated class of persons, rather than individuals specifically named, and thus give rise to what is called amnesty.And although Congress can itself pass acts of amnesty, that body cannot in any way, by legislation, curtail the president’s right to grant pardons at his own discretion. He is provided by the Department of Justice with full Information, and with opinions, on each case that comes up. But he alone makes the decision, and in doing it he must be prepared, in the interestof the public well-being, to withstand touching appeals and
18powerful influences.
The Governor-General, in addition to his administrative duties, enjoys the exclusive power to grant pardons and re-
18. Ogg and Ray, Introduction to American Government. Pp 255-6.
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prievea and remit fines and forfeitures* Among the speoial powers and duties of the Governor-General, enumerated in the Administrative Code, is to grant convicted persons reprieves or pardons either plenary or partial, conditional or unconditional: to suspend sentencea without pardon, remit fines and order the discharge of any convicted persons upon parole,subject to such conditions as he may impose: and to authorize the arrest and re-incarceration of any such person who, in hisjudgment, shall fail to comply with the condition or conditions,20of his pardon, parole, or suspension of sentence. The above provision of the law imposes no limitation on the Governor- General1 s exercise of this power, and therefore he nay use it as he deems wise,
When the power to remit fines and forfeitures is givenexclusively to the governor by the constitution, it is heldthat any act of the legislature which attempts directly orindirectly to remit a fine, either before or after it has,21been paid, is unconstitutional. where the organic act is silent regarding limitations, the legislature could undoubtedly confer upon the courts authority to grant pardons or reprieves.It is said that all civilized countries give their executives power to grant pardons,and reprieves. This statement needs explanation in view of the fact that the pardoning power is not a power which necessary inheres in the executive. In other words, when the constitution makes no mention of it, it is safe to
19
19. Senate Document. Ho 240. 64th Cong,,1st,Bess*, See.21.20. Senate Document, Ho.124, 65th Cong., 2nd Seas., Sco.64.21. kaley vs. Clark, %b Ala. 439. Book 22 (1907)
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asaume that it does not belong to one "branch of government more than to another. However, from time immemorial this power has always been vested in the governor. Under some constitution, cases of impeachment or convictions for treason are specifically excepted from the operation of the executive pardon. " The purpose of these exceptions,n says Professor Holt, " is to prevent the possibility of an executive conniving with officials in highcrimes against the state and using the pardoning power to shield22himself and his accomplices from the results of conviction.”
The Governor-General has the power to grant plenary or partial, conditional, or unconditional pardons to take effect upon conditions, and the power to pardon may be exercised, it has been23held, before as well as after conviction. The power to reprieve has generally been held to be included in the power to pardon. Courts cannot pardon, but courts may stay execution and may reprieve at common law; the power of reprieving is also vested in the governor. Cases, as of insanity might arise when courts are not in session, which, although affording no grounds for pardon, yet ought to be reprieved. Professor Ogg defines a ” reprieve ” to be a temporary suspension of a sentence already pronounced by some courts or tribunal, while a ” pardon ” he defines as a ” full release from punishment for an offense as ifnhe had never committed the offense. This may bo given before or during trial as after it. Chief Justice Marshall defines " pardon ” as an act of grace proceeding from the power entrusted
22, Holt, Elementary Principles of Modern Government, p 76, (1923)23. Domini63c vs. Bowdm, 4-f T?&. 3SV 'CIBVi)
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with the execution of the laws, which exempts the Individual,on whom It is bestowed, from the punishment the law inflicts
24for a crime he has committed*
24. United States vs. Wilson, 7 Peters 150. (1830)
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5. THE BUDGET SYSTEM* * * * *
" A government Tradget ” is a plan for financing the government during a definite period, prepared and submitted by a responsible executive to a representative body whose approval and
25authorization are necessary before the plan may be executed.In the Philippines the Governor-General is required by law" to submit to the Philippine Legislature within ten days ofthe opening of each regular session a budget of receipts andexpenditures, which shall be the basis of the annual appro-
26priation bill." In the minds of some there was a feeling that the executive should not be given the power of framing the budget when also vested with the supreme executive power. This was,however,overcome by making the cabinet accountable to the legislature. But the fact that the Govemor<*General is to submit a budget of"receipts and expenditures” still caused some difficulty. This was also remedied by having the Council of State formulate the budget. The preparation of the budget is largely the work of the Secretary of Finance with the cooperation of the other Department Secretaries and the heads of bureaus all of whom have united an effort to prepare the budget...
The chief work of the Department of Finance is to coordinate the various plans of all departments with the general plan agreed upon at a meeting of the Council of State. After the budget has been prepared by the Department of Finance it
25. Kalaw, Op.cit., p 73.26. Sen. Doe.t Re,381, 64th Cong.. 1st Sees., Sec.21.
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ls submitted for approval to the Counoll of State. The Governor- General then submits it with a message to the Legislature. The practice has been for the Secretary of Finance to read the message at the joint session of the Legislature. When the budget is taken up for discussion, the Departmental Secretaries may be called, and shall bo entitled to be &eard by either of the two houses of the Legislature, for the purpose of reporting on matters pertaining to their Departments, unless publicinterest shall require otherwise and the Governor-General
27shall so state in writing.After the budget has passed the lower house”in principle,”
it is sent to the Committee on Appropriations which is inr-- structed to prepare an appropriation bill conforming with the budget. Again the Chairman of the Committee on Appropriation of either House of the Philippine legislature may require the attendance of chiefs and assistant chiefs of Bureaus and Offices and any other officers or employees, and the submission by them of such documents and information as may be necessary for the guidance of such committee in the performance of its duties. When the appropriation bill is approved by the House,it is sent to the Senate, where the Secretary of Finance ap-
28pears to explain the different items contained therein.
27. General Wood, Special lies sage to_ the Philippine Legislature . Budget for 1924 of the Government of the Philippine Islands, p. 6.
6. FINANCES OF THE PHILIPPINE ISLAJTOS * * * * * * * * *
The income of the central government is derived from three main sources: first, customs dues: second, internal revenue taxes; third, earnings of governmental enterprises and activities and.interests from special funds.
Philippine Tariff— The United States may from time to time enact tariff measures which place the Philippines on a different footing from that of a state of the Union. For in# stance, the Payne Act of 1909 provided for trade "between the United States and the Philippines subject to restrictions on some products, like sugar and tobacco. It reads: " That from and after the passage of this act all internal revenues collected in or for account of the Philippine Islands shall accrueto the general government thereof and be paid into the insular 29treasury." It is clear that this money goes into the insulartreasury and is appropriated by the Philippine legislature inthe same manner as funds which arise from Philippine taxation.
By the Underwood Act of October 3, 1913, however, completefree trade between the United States and the Philippines was
30declared. The Jones law authorizes the Philippine legislature to enact tariff laws with reference to countries other than the United States, but tariff relations between the United States and the Philippines must be under the sole control of Congress.
29. Hearing before the Committee on Insular Affairs, bvxn uong., %nd SoSs., p IV, (Peb.b, 192V)50. 64th Cong., 1st Sess., Sen. R e p o r t 6. (191G)
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The Philippine legislature has not yet materially changed the tariff law known as the Bnderwood Tariff Law, which is still in effect. The duties imposed by the existing lav/ on goods imported from foreign countries are relatively low.The average duty imposed is about twenty-five per cent, ad- valorem. For instance, the ad valorem rate on porcelain and earthen ware is from ten to fifty per cent; on cutlery from twenty to thirty per cent, and on paints, dyes and varnishes from ten to twenty per cent.
Because of these low duties, it is clear that the Philippine tariff is, with the possible exception of the tariff on rice, a tariff for revenue only as distinguished from a tariff of protection, A tariff for protection is generally higher and has in view not only the raising of revenues for the government but also the protection of home industries. Because the Philippines is not a manufacturing country no necessity has been found to raise the tariff for the protection of home industries.
In the year 1323-1926, Table 110.74, of the Statistical31Bulletin of the Philippine Islands is as follows:
Trade between the Philippines and the United States and other countries.
1926Total imports - - - - - - - 143,151,236 (Pesos)Total exports ---- 200,006,430 "Total t r a d e -- -- -------343,157,666 "Trade balance favorable 56,855,194 ”
The collection of tariff duties is in charge of the Bureau of Customs. The principal ports of entry in the Philippines are 1'anila, Iloilo, Cebu, Zamboanga, and Jolo.
31. Statistical Bulletin of the P.I. compiled and published by the Bureau of Commerce and Industry, n.73 11926)
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Souroes of Internal Reremie in the Philippines - - - - - -
Sources of Taxes - - The following taxes, fees, and charges32in the nature of tax are deemed to he internal revenue taxes:
(a) The cedula tax.(b) The documentary tax.(c) The privilege taxes on business or occupation and on
signs.(d) Specefio taxes on manufactured products.(0) Taxes on resources of banks, receipts of insurance
companies, and receipts of corporation paying a franchise tax.
(f) Charges for forests products.(g) Fees fpr testing and selling weights and measures.(h) Internal revenue, including the income tax, collected
in the Philippine Islands under laws enacted by the Congress of the United States.
(1) Ad valorem tax on the output of mines.(j) The tax on inheritance, legacies, and other acquisitions
mortis ouusa.1 • The Cedula Tax _ - This is paid by all male inhabitants of
the Philippines over the age of eighteen and under sixty, excepting officers of the United States, the diplomatic and consular representatives or officials of foreign powers, paupers, insane persons, imbeciles, persons serving a sentence of more then one year in prison, and the non-Christians under certain conditions. The cedula tax is one peso ($.50)
although in the provinces it is generally raised, upon resolution of the respective provincial "boards, to two pesos.Cedulas serve as certificates of identification; those who
vote for public officers must have cedulas; those who appear in court must present them; and they must "be shown whenever one transacts "business with a public officer, pays taxes, receivesmoney from public funds, assumes public office, or receives any
33license or permit from any public authority.2. The Documentary Stamp Taxes-- As the name implies, these
taxes are collected and paid by the purchase and affixture of documentary stamps upon documents, instruments and other valuable papers by the person making, signing, issuing, accepting or
34transferring the said documents and papers,
3. The Privilege Taxes— These apply to business and occupations, such as, merchants, manufacturers, distillers, brewers, liquor dealers, lawyers, doctors, etc. The tax on occupationand on some business is fixed while other business taxes are
35both fixed and percentage.4. Specific Taxes— These arc sometimes called excise taxes
and apply to things manufactured or produced in the PhilippineIslands for domestic sale or consumption and to things importedfrom the United States or foreign countries. Articles subjectto these taxes are distilled spirits, wines, fermented liquors,
56cigars, etc.
33. Ibid.. Sec, 143934. luid., SUb. 144935. fra"-. Sec. 145336. Ibid., Sec. 1478
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5. Taxes on Resources of Banks, Receipts of Insurance Companiesand Receipts of Corporations Paying a Franchise Tax— - Underthese , the ’banks are taxed upon the amount of capital employed,the average amount of circulation issued, and the average amountof deposits. Insurance companies are taxed on the total premiumscollected. Corporations paying a franchise tax are taxed on the
37gross earnings and receipts.
G. Charges for Forest Products— - These are collected fromtimber firewood, and other minor forest products cut and gath-
58cred from public forests.7. Fees for Testing and Sealing Weights and Measures--
Before any weight or measure can be used for any commercial59purpose, it must be first tested and sealed.
8. Ad valorem Tax on the Output of Hines-- This tax is onthe gross output of each nine determine by its actual market
40value,9. The Tax on Inheritance, legacies and other Acquisitions
Mortis Causa-- This tax is on the tranfer of property locatedin the Philippine Islands whether real or personal, tangible
41or intangible.The collection of all internal revenue taxes is in charge
R3CT>onditures of. the Phlli'n'pine Gove rime nt— - The expendituresof the Philippine Government have been classified in the budget
42into the following items:1. Expense of the revenue collection2. Operating expense of commercial and industrial units3. Public debt which consists of interest on public debt,
payments to sinking funds and repayment of loans.4. Expenses of general administration as divided into executive,
legislative and adjudication purposes.5. Protective service, such as national defense, law and
order, public health, suppression of anlyal diseases and plant pests, etc.
6. Social improvement, consisting of public education, public charities and other social Improvement.
7. Economic .development, which consists of conservation of■J '.natural resources, development of commerce, development of
agriculture, and the development of arts and sciences.8. Aid to local governments.9, Retirement gratuities, or money paid to retiring officials
10. Emergency service as disposed by the Emergency Board.11. Outlays and investments, consisting of the construction
and purchase of equipment, corporate investments and advances to railway companies under guaranty contracts.
The total expenditure of the Philippine Government is close to 75,000,000 pesos annually as seen in the attached table.
42. Statistical Bulletin of the P.I. Gomplled and Published Sy the Bureau of Commerce and Industry, p. 74 (1925)
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Budget Estimates for the Insular Government,1926-1927 *Item of rcT.& exp. 1926 1927Income.............. .. . . . 73,153,100
Revenue from taxation . . • # * * # # # # 55,561,900 56110^^66Incidental Revenue , . , # # e # # $ # # 3,903,500 4,102,000Earning! and other credits # * # # $ e # 12,536,450 12,942,500Income from proposed legislation
Current surplus at the end of the year # # 919,602 1,234,511
* Compiled from ’budgets •presented bv Eacemitlve Department to thePhilippine Legislature*
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The Autonomy Act provides that the entire indehtedness of the Philippine Government shall not exeeed the sum of 30.000,000 pesos ($15,000,000) exclusive of the friar landuhonda. It further provides that any province or municipality may incur anindehtedness in a sum not in excess of seven per centum of the
43total tax valuation of its property. %hen a province or municipality desires to issue bonds, it must secure the favorable recommendation of the Secretary of Finance and the approval of the Council of State, The money secured from the bonds can then be used for the purpose of acquiring or constructing permanent improvements.
The Emergency Board*— Every year a sum is sot aside for the emergency aervioe. The sum asked for in 1921 was 3,000,000 and in 1922, 2,000,000 pesos. This money is in charge of the Emergency Board, which is composed of the Chairman of the Committee on Appropriations of the House and the Senate, the Secretary of Justice, the Insular Auditor and the Secretary of Finance, the latter to act as the chairman.
The work of the Emergency Board is to receive and study the petitions for the extra funds from bureaus or offices confronted with emergency expenditures unlooked for at the time of the enact ment of the appropriation law. The Emergency Board reports to the Governor-General and the presiding officers of both houses who have the final say on the disbursement of the fund. The Emergency Board is created in order to rake the budgetary system sufficiently elastic to meet changing conditions. The board is given a substantial amount with which to supply the additional
funds that the various units of the government may need for the purpose authorized "by the appropriation law. As an additional safeguard, the actions of the Emergency Board do nothecome operative until the approval by the Governor-General
44and the Presidents of both houses.
44. Handbook of General Information, u 177. (Manila,?.I. 1923)
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GHAFEEH III******THE REMTIOH OF THE EXECUTIVE TO THE JUDICIARY
THE JUDICIARY * * * *The powers entrusted hy the Congress of the United States to the government of the Philippine Islands are distributed among three coordinate departments, the executive, the legislative and the Judicial, It has been an established precedent that no department of the government of the Philippine Islands may legally exercise any of the powers conferred by the organic act upon any of the others. It is beyond the power of any branch of the government of the Philippine Islands to exercise its functions in any other way than that prescribed by the organic law or by local laws which conform to the organic law. The chief exponent of autonomy in domestic affairs in the government of the Philippines is the Philippine Legislature. The Governor-General on the other hand is the head of the government and symbolizes American sovereignty. Under such a political system, lines of demarcation between the legislative and executive departments are difficult to fix, and attempted encroachmenta of one on the other may bo expected. It is, however, the duty of the SupremeCourt, as the guardian of the constitution, to enforce funda-
1mental principles.For nearly three years after the Philippine Islands were ceded
by Spain to the United States, they were governed under the direction of the president as comaander-in-ehief of the army and navy. Even under the purely military administration before the appointment of the commission a military governor had established
1. House Document, Ho.325, 70th Cong., 1st Sess., p 25.
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civil courts for the purpose of disposing of civil oases andfor such violations of the law as wore not more conveniently
2disposed of by military tribunals, later, the commission early passed a law dividing the Islands into 15 districts establishing a court of first instance in each district* together with the supreme court of seven to consider appeals from the courts of first instance. This system was recognized and adopted by Congress in the organic act of July 1, 1902, The policy was pursued of appointing a Filipino, the chief justice of the supreme court, together with two Filipino colleagues and four Americans, About the same proportion between Americans and Filipinos wasobserved in the appointment of judges of the courts of first 3instance.
That the Philippine judiciary system is patterned upon Anglo- American precedents is beyond question. The judicial power is vested in the Supreme Court, Court of First Instance, Justice of the Peace Courts and the Municipal Court of the City of Manila, The Supreme Court of the United States has been regarded part of the Philippine judiciary, in view of the Philippine cases that could be appealed to that body. The courts of superior jurisdiction are the Supreme Court of the United States,the Supreme Court of the Philippine Islands, and the Courts of
4First Instance.
The Supreme Court is the highest court in the Philippines,It comprises now nine justices, namely, the Chief Justice and
2. Ogg. Introduction to American Government, p 582,3. Taft, Special Reports on the P.I. to the President. Pp 18-19.4. Senate Document, Ho. 529. 64th Cong. 1st Seas.. See.58, Vol.34.
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the eight Associate Justices, All are appointed "by the President"by and with the advice and consent of the United States Senate,and serve during good behavior.
The Supreme Court is in regular session in Manila from thefirst of July to the first of April of each year. During thevacation period either one of the Justices remains on duty, pra special division of the court decides the cases. The SupremeCourt has jurisdiction over all cases appealed to it from Courtsof First Instance, and over certain original proceedings,
The Supreme Court nay sit in banc that is, as a body, orit may sit in two divisions. It sits in bane for the transactionof any business involving the admiralty jurisdiction of thecourt, or.the..final disposition of a civil case in which theamount in controversy exceeds ten thousand pesos ($5000) orin a criminal case in which the judgment of the lower courtimposed death or imprisonment for more than 10 years, or a fineof more than ten thousand pesos, ($5000) The Chief Justice
5always presides whether in banc or in division.
When the court sits in banc, six of the judges of the Supreme Court are necessary to form a quorum for the transaction of any business, and the concurrence of five judges:-must be had for the pronouncement of a judgment. When the Supreme Court sits in division, four judges are sufficient to form, a quorum in each division and the concurrence of three judges is necessary for the pronouncement of a judgment.
5, Ibid,, Sec. 163«
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After a decision is rendered ty the Supreme Court, a written opinion stating the ground and scope of judgment is filed with the clerk of the Court who records it in an opinion hook. If the court deems a decision of sufficient importance, it is published in English and Spanish in the Official Gazette and the Philippine Reports. The opinions of judges who dissent from the opinion of the majority may be published upon the request of the
6dissenting judge.
The courts of first instance are established throughout the Islands. Twenty six judicial districts are geographically distributed in which one judge is commissioned for each district, the Ninth Judicial District covering the City of Manila. In the City of Manila there are four judges. Where the provinces are small they are grouped together to make one judicial district. Judges of courts of first instance arc sometimes assisted by auxiliary judges and in the absence of the judges the auxiliaries take their places. Both the judges and the auxiliaries
7serve during good behavior.
For each municipality and municipal district, and the Citiesof Manila and Baguio, there is one justice of the peace and oneauxiliary justice of the peace who are appointed by the Governor-General. These justices serve during good behavior. The judgesof courts of first instance have supervisory power over them,and can make recommendations as to suspension, removal, or ap~
8pointment to the Governor-General.
6. Ibid.7. Congressional Digest, Vol.III, No. 7, n 227 (April 1924)8. I b i d . ------------
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The Juriediotioxi of the Supreme Court of the United States, as applied in the Philippine Islands, is specified in the Philippine Autonomy Act. The Act provides 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 oases in which the value in controversy exceeds $25,000.00, 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." The final judgment or decree of above cases may and can be reviewed, revised, modified or affirm by said Supreme Court of the United States on appeal or writ of error by the party aggrieved within the same tine, in the same manner, under the same regulations, and by the same procedure, as far as applicable, as the final judgments and decrees of the district courts
9of the United States.
The Philippine Judiciary, like the American Judiciary, serves as the protector of the rights of the people, punishes official transgressions, and even declares laws to be invalid. Whether it has been kept independent is not clear. In so far as the Supreme Court is concerned it has been the objective from the time of its establishment to be independent. The justices of tills high body are appointed by the President and serve during
9. Sen. Doc., Ho.550. 64th Cong.,1st Sess.,Sec.27, Vol.43 (1916)
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good behavior, It is for this reason that it should be made independent because the two other organs of the Insular government have nothing to do with it, by virtue of the appointment of the justice constituting the Supreme Court of the Philippine Islands. The case of the courts of first instance presents a different aspect. The Secretary of Justice and the Governor- General have the authority to promote judges and to distribute them among the different judicial districts.
The General land Registration Office, located in Manila, has charged of the land registration system of the Islands, It is under the general supervision of the judge of the fourth branch of the Court of First Instance of the City of Manila and isunder the immediate control of the chief of the general land
10registration office. After the title to land has been secured in a court, the court orders the register of deeds to register the title and issue what is called a Torrens title. In the provinces, the fiscals are usually the register of deeds, and as such are under the jurisdiction of the General Land Registration Office.
There are two ways in which land may be surveyed for regia- tration purposes. One is by private survey, by hiring a surveyor authorized by the government, and once the lard is surveyed, by petitioning the Court of First Instance for its registration. The other is for the government itself to survey a large tract of land. This is called a cadastral survey.After it is surveyed, a special judge is assigned to settle all
£. IMHUHITY OF THE EXBCTJTI7E FROM JimiClAL CONTROL.* * * * * * * * * * * * * * * *In many Instances, In the United States, the executives of the
States have "been more or less subjected to the control of the courts. But the basis of such acts of the courts lies in the nature of thing# to be done rather than by the office of the person. In other words the determining factor hinges on whether or not the act is discretionary or ministerial. The prevailing principle is that where theact is ministerial in its nature the control of the court begins,12but if discretionary the control of the court ends.
In the Philippine Islands, the supreme court will not interfere with the executive in restrictions imposed on the admission of the foreigners. The administration of the Immigration laws belonging to the executive branch of the government, the judicial branch will not assume jurisdiction, unless it is shown conclusively that there has been an abuse of authority or a violation of the law.
Without doubt the governor-general has this power of exile and deportation as respect to aliens, including not merely aliens seeking admission who may, without judicial review of their acts be expelled by immigration authorities but also aliens long resident in the Philippine Islands. In 1910 certain Chinese, twelve in number, and designated by the Chinese consul general, as persons prejudicial to the good order of the Chinese community, were arrested and conveyed to China by order of the Governor-General. TioooJ.had been for years a resident in the Islands and had children in the public schools. Subsequently several of the number returned and sought protection by a writ of injunction to police
12. Bondy, The Separation of Powers, p.152 (1896)
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and constatmlary authorities and also to the Governor-General.The Supreme Court of the Philippine Islands to which the casewas appealed upheld the power of the Governor-General to deportobnoxious aliens as a power inherent in the executive without alegislative grant. The case was brought to the Supreme Court ofthe United States upon appeal. The Federal Court sustained thedecision of the Supreme Court of the Philippine Islands and heldthat n the power of the Governor-General even prior to the Americanoccupation to deport aliens found to be a menace to the peace ofthe Philippine Islands is a local police law which survived theAmerican occupation as reasonable to the conditions of the islandsand not inconsistent with the spirit of the American institutions;and as such, it has been recognized by the Philippine legislatureand the Supreme Court of the Islands and tacitly recognized by
14Congress. "As regards the damage on the property of this alien when de
ported for which the Governor-General was made personally answer- able , the Federal court has held that the Governor-General of the Philippine Islands acting in good faith in the discharge of his executive duties cannot be mulcted in damages for an action where he had reasonably believed that he was exercising lawful authority, which was being approved, ratified and confirmed and in all respects declared legal by the Congress of the United States, was not subject to question or review, and no court had authority to entertain suits.
As to administrative officers lower in rank that the Governor- General, the well known principles of public officers and extra-
13. Barrows,"Governor of the Philippine Islands, p.258 (1915)14. Chuaco Place v Forbes. 22B U.S. 544?. 57 Lav; ed., 960 (1913)
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ordinary remedies apply. Within these rules, the judiciary cancontrol a duty not discretionary, imposed ty law on a publicofficer. But in the majority of oases, the courts will onlyconfine themselves to the enforcement of legal and equitablerights, leaving the administrative affairs of the government
15to the administrative officials. Chief Justice Marshall, in the famous case of Marbury vs. Madison, 1 Cranch (U.S.), 137, decided in 1803, says, " it is not by the office of the person to whom the writ is directed, but the nature of the things to be done, that the propriety or impropriety of issuing mandamus is to be determined. On the grounds that the acts are ministerial, the courts can issue a mandamus to compel the governor to sign a patent, to canvass a vote,... A purely executive power, not incidental to the exercise of a proper judicial function cannot be imposed on a court. But the courts cannot be deprived of the power to control their proceedings, methodsof work, officers and attendants, and other incidents necessa-
16ry to the unfettered discharge of their judicial duties.”Thus where a court of first instance issued orders to the provincial authorities for,the proper equipment of the court room, which order they failed to obey, the supreme court on eertio- rary proceeding will uphold the lower court.
Despite the many instances making the governors amenable to the writs, the truth is that the n weight of authority withholds from the courts the right of controlling or in any manner interferring with the powers or acts of the chief executive. The decision to this effect stand upon a more logical
15. Malcolm, op. oit.. p. 24716. Mar bury hysV. Madison', ~Ll"Cranch, 137 U.S. (1803)
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if not a mere juet fomidation. All duties imposed whether "by statute or the constitution, they regard as executive and beyond thecontrol of the courts even if the same power, if exercised by any
17other officer, could be controlled by the courts."
The above statements are particularly true in the case of the President of the United States. On this point, Professor Beard says: n Ho tribunal in the land has any jurisdiction over him for any offense. He cannot be arrested for any crime, no matter how serious..•• even a murder. He may be impeached, but until judgment has been pronounced against him, he cannot be in any way
18restrained in his liberty." It is Interesting to note the opinion-. of the Attorney-General handed down in 1828 when he said:" I am of the opinion that it is not in the power of the Judieial branch of our government (meaning U.S.) to enjoin the executive from any duty specially devolved on it by the legislative branch of the government or by the constitution of the United States.If it were otherwise it would be in the power of the judicial branch of the government to arrest the whole action of the other two branches.M He farther said, M My opinion is that the Judiciary can no more arrest the executive in the execution of a constitutional law that they can arrest the legislature itself in passing a law. The powers of the President are almost entirely of a political nature and consequently can rarely be brought within the scope of judicial examination. His only responaibl-lity is to the people; his only check liability to impeachment."
17. Bendy, Op. oifc, p, 15310. Beard, American Government and Politics, p 206. (1924)19. Congressional Digest, Vol.II, Ho.9, p. 260. (1923)
19
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In this ease, the Governor-General of the Philippine Islands whose position is entirely political in nature, representing the sovereign power, and only responsible to the President and the American people through the Secretary of War for his acts is also immined from judicial control. The system of the Philippine Government "being more or less patterned after the American system of government holds true, tho immunity of the chief executive from the control of the court to a large extent. This is due to the fact that the Governor-General holdshis office at the pleasure of the President and until his20successor is chosen and qualified*
20. Sen. Poo.,Ho. 530, 64th Cong., 1st Sess,, Soo.21, Vol.43
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3. EXECUTIVE FUNCTION OF THE JUDICIARY* * * * * * * * * * *
The duty of the executive to faithfully execute the laws gives him control over administration# The ancient powers of the executive, once so enormous through his control over administration, '' have been steadily reduced in scope by transfers of power to the church, the Judiciary, the law makingbody and the electorate. Yet the residue of powers is still
21centered in the executive department." 3y this transfer of powers the courts have acquired to some extent control over administrative officers which would otherwise been exercised by the executive. They have ample powers to protect the individuals from abuse of power upon the part of public officers by mandamus proceedings, injunction and other writs.
How an individual, who is injured or whose injury is threatened . by improper official action may obtain relief. Professor Dodd gives some illuminating satement on the subject. He says:" This judicial control over administrative action has in many oases been extended through legislation providing for Judicial review of administrative proceedings. Under the principles of the English law, public officers are liable for their illegal acts, Just as are private individuals. If they exceed their authority suits for damages may be brought against them, or they may be criminally prosecuted. The remedies here reffered to are, however, judicial means of keeping public officers within the terms of the law. They are protections to the indi-
21, Dealy, The State and Government, p. 201 (1921)
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vi&ual against official action. Their influence is almost purely negative, from the standpoint of affording a more effective and uniform enforcement of general state policy. The power of the courts to protect the individual against the abuse of the administrative authority has, in virtually all of tho states, been extended, either by the courts themselves or by statute, in such manner that any tax payer may bring an action to enjoin the illegal disbursements of public money. The courts, therefore, are effective Instruments in preventing the abuse of ad-
22ministrat179 power both state and local.MMr, Justice Malcolm of the Supreme Court of the Philip
pine Islands holds the same opinion as Professor Dodd does when he speaks of the inferior executive officers both of the State and the United States. Ke soys: M The Judiciary of the Philippines commands and compel inferior executive officers to do specific official acts which is their plain duty to perform, or issue an Injunction to prevent their doing an official
23act which is plainly beyond their powers." Thus when duties are imposed on an executive officer in regard to which he has no discretion, and in the execution of which Individuals have a direct primary Interest, and there is no other plain, speedy and adequate remedy, he may be required to perform duties by the compulsory process of mandamus.
Heads of Department in the Philippine Islands, and even in the United States are subject to this power as well as Governors of the States of the Union acting under a lav; repugnant
22. Dodd, State Government, p. 288 (1922)23, MaleolmT u p . cit., p247.
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to the Constitution of the Thilted States. But no such writs will he issued, when the case is of political nature and involves the exercise of any judicial discretion, nor under any circumstances against the President of the United States.
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4, THE POWER OF REMOVAL FOR CAUSE * * * * * * * * * *In an effective exercise of the p*wer of supervision over
administrative officers, it has been necessary that the executive24
should have power of removal. In the Philippine Autonomy Act there is no mention as to who may exercise the power of removal and reinstatement except in two cases: (1) In section 22 of the Organic Act wherein it is provided that the Philippine Legislature**** shall provide for the appointment andremoval of the heads of the executive department by the Gov-
25ernor-General, (2) in section 18 which gives power to bothHouses " T o punish its members for disorderly behavior, and,
26with the concurrence of two thirds, expel an elective member."It is assumed that,because of the failure of the United States Congress to embody such provision in the Philippine Autonomy Act, they intend to leave the matter to the Philippine Legislature for regulation. This, the Philippine Legislature has
27done in the Administrative Code in the Philippine Islands under Act. No.2803. This act empowers the different Department Heads to appoint and remove or punish all subordinate officers and employees whose appointment is not expressly vested by law in the Governor-General. Thus, the Governor-General may remove judges, Justice of the peace (sec 173 Adm.Code) officers and employees of the City of Manila who are appointed by him, any elective official who is ineligiblo(sec.2191), and furthermore, for disloyalty to the United States, he may
24. Gettoll, History of American Political Thought, p, 59 (1928)25. Sen. Poo,,No, 381, 64th Cong. 1st Sosa., Sec.22 (1916)27! roUhisirative Code of the P.I. Act 2803 (1919)
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at any tine remove a person from any position of trust or authority under the Government of the Philippine Islands. However, all removals by the Governor-General must be made according to law for in section 64(b) it is provided that among the special powers and duties of the Governor-General shall be " to re-
28move officials from office conformably to law.”
From this Act Ho.2803 under consideration, it infers clearlythat the proper Department Secretaries can remove any member ofthe Board of Medical Examiners, or any appointive offleer oremployee of the City of Manila, who is not appointed by theGovernor-General. This question gave rise to some controversy
*between the Governor-General and the Filipino people. While the Filipino people contend that the Organic Act should be so construed as to give the country the largest possible measure of autonomy, the Governor-General on the other hand is for a strict interpretation of the Jones law, claiming that he is clothed by the law to exercise some prerogatives and powers.
The stand therefore taken by the' Filipinos on this question is to uphold the decision of the Department Secretaries that the Governor-General cannot interfere with the acts of the heads of the Departments in appointing and removing of officials and employees not appointed by the Governor-General, for this power is expressly lodged by the Philippine legislature in the Department Secretaries, *
* The case involved here is the suspension of a certain policeman in Manila on the charges for bribery by the order of the Mayor and the Secretary of tho Interior. The Governor General reinstated him while the administrative investigation was being held. (Press Bulletin, 1923)
28. Administrative Code of the F.I. Sec. 64, (1919)
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Dean Booobo of the College of law, University of the Philippines, in upholding the Department Secrataries at this issue said: " We believe not." Our reasons are these:
(1) Section 22 of the Jones law provides that ” the Philippine legislature nay 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," The legislature, acting under such specific authorityand ynder its general legislative power in section 6-8 of the
29Organic Act, has seen fit to designate, as one of the duties of the Secretaries, the determination of the competency of their subordinates who are not appointed by the Governor- General.
(2) The power of general supervision and control of all departments and bureaus of the government, vested in the Governor General, was not defeated by the legislature when the latter provided that the Secretaries may remove all subordinates not appointed by the Governor-General, Why not? Because the Secretaries themselves are appointees of the Governor-General, enjoying his confidence, and removable by him.
The Governor-General, inspite of the said Act Ho.2803 is of the opinion that he may under his constitutional power of general supervision and control of all departments and bureaus of the government go over the heads of the Department Secretaries
29. That the laws now in force in the P.I. 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.
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and remove or reinstate any of the officers and employees referred to, notwithstanding the decision of such Secretaries.The Chief Executive1o contention Is that his power of removal has hoen curtailed hy the said act and therefore he assertsthat he is not "bound to obey that law passed hy the Philip-30pine legislature.
In the statement of Mr. Stinson before the Committee on Insular Affairs, House of Representatives, v/e note the following, to guote: n Yet, in spite of this, during the five year interval between the passage of the organic act in 1916 and the inauguration of Governor-General Wood in 1921, there had been passed by the Philippine legislature, with the acquiescence of Governor Wood's predecessor, a long series of insular statutes which in many respects curtailed the powersof the Governor-General and turned over the exercise of these
31powers to other persons designated by the legislature."
Even granting for the sake of argument that ex-Governor- General Harrison acquiesced with the wish of the Philippine legislature, in passing insular statutes, can we not infer that the passage of such laws have legal and binding effect inasmuch as those statutes have not been annulled by Congress?In this instance the Filipino people believe that the Governor- General has assumed Judicial prerogatives of passing upon the constitutionality of the statutes referred to. It must be noted that the Administrative Code where the acts of the Philippine legislature are embodied was duly approved by the then Govemor-
30. Osias, Governor-General Wood and the Filiulno Cause. p.22331. Stimsoril wExtension of Romark^ flearing before the Committee
on Insular Affairs, 69th Cong.2nd Seas.p.132(1927)
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General Harrison when it was passed. The Filipino people contended. that the law was valid, the fact that it was another Governor-General who approved the law made no difference as the office is the same whoever may he the incumbent,
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CIL1PIER IV* * * *
THE RELATION OF THE EXECUTIVE TO THE LEGISLATURE* * * * * * * * * *THE LEGISLATURE
In most countries, including the United States, the legislature has an important role in amending the constitution; in Great Britain, the Parliament’s power to make changes in the fundamental lav; is legally unlimited. It may serve as an electoral authority, as do the American House of Representatives and Senate, respectively, in case the electoral college fails to choose a president or vice-president. It may act as, in effect, an executive council, as does the Senate of the United States in relation to the treaties and appointments. It Often had Judicial functions, as for example in the case of the British House of Lords. And in all cabinet-governed countries ( and to some extent in others ) it serves as a sort of board of directors, guiding the executive and administrative authorities in their work and holding them to a more or less strict1accountability for it.
As to its composition, the legislature of the Philippine Islands is similar to that of the Congress of the United Stated consisting of two Houses, which are separate coordinate bodies, namely the Senate and the House of Representatives, although its legislative power falls under the organic act or charter. While it possesses general legislative power all of its laws must be reported to the Congress of the United States, which
1. Ogg, Introduction to American Government. p. 48
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reserrea the power and authority to annul tho sane. Some of its laws, however, oust also he referred to the President of the United States for approval. None of the Acts of the Philippinelegislature are final uhtil they are expressly or tacitly ap-
Zproved by either the Congress or the President.
It should be borne in mind that the.Philippine Senate, the upper house of the legislature, succeeded the Philippine Commission ( Aug.29,1916) and the House of Representatives, the lower house, the Philippine Assembly. (July 50, 1907) The Senate has twenty four members, consisting of two senators from each of the twelve senatorial districts. All are elected for terms of six years with the exception of two senators from the Mountain Province, the Province of Nueva Vizcaya and Mindanao and Sulu who are appointed by the Governor-General without the consent of the Senate, and without restriction as to the residence or length of office. One of the senators is elected as President of the Senate. The House of Representatives has ninety members. All are elected for t§#®s of tnree years, with : the exception of three for the Mountain Province, one for Nueva r Vizcaya and five from Mindanao and Sulu, who are appointed as are the senators for these regions. One of the representatives is elected by the members of jbhe Lower House as Speaker of the House,
The legislature is given authority to legislate upon every matter concerning the Philippines excluding those matters which are prohibited by the Philippine Autonomy Act or otherwise covered by Congressional legislation. The said Philippine Act
2. House Document, No,525, 70th Cong. 1st Sees., p. 27 (1927)
#3. Ibid.
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enumerates certain specific powers, among these are t to provide by law for the acquisition of citizenship; to legislate with reference to all land of the public domain; to fix salaries except as restricted by the Philippine Autonomy Act; to grant franchises; to fix the date of the commencement of the legislative sessions; to rearrange the executive departments; toelect two Resident Commissioners to the United States, and to
4consider and enact the annual appropriation acts.
Before the passage of the Jones Law (Aug.29,1916) the Philippine Commission had exclusive legislative power over the parts inhabited by the non-Christian people. The Jones Law transfers! this power to the Philippine Legislature. There are also certain specific limitations on the power of the legislature, which are as follows:
1. It cannot diminish, although it ma} increase the jurisdiction of the Supreme Court and the Courts of First Instance.
2. It cannot amend, alter or repeal the provisions regarding appointive senators and representatives.
3.It cannot legislate on the tariff relations between the Philippines and the United States. That is left exclusively in the hands of the Congress.
4. It cannot abolish the Bureau of Education and Hon-Chris- tian Tribes, or the Philippine Health Service.
5. It cannot take executive functions from out of the supervision of the Governor-General.
6. It cannot levy export duties.7. It cannot violate the provisions of the bill of rights.
8* It nmst follow certain forms in the drafting of bills.9. Congress reserves the power to alter, amend or repeal any
law, franchise, or rights granted by the Philippine legislature.10. The Governor-General and in some oases, the President of
5the United States can veto legislation.
Although no provision is made in the Philippine Organic lawto the effect that bills for raising revenue shall originate inthe House of Representatives, the insistence of the PhilippineAssembly, during its existence, caused the Philippine Commission( upper house ) to recognize this privilege. Upon succeeding thePhilippine Assembly, the House of Representatives had this privi-
6lege as a matter of course. It is important that, if a new appropriation is desired it should be made before the end of the fiscal year. The law provides that " if at the termination of any fiscal year the appropriations necessary for the support of the 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 behalfthe treasurer shall, when as directed by the Governor-General
7 "make the payments necessary for the purposes aforesaid.It has been indicated that with the broad legislative powers
some restrictions arc made such as matters dealing with public lands, tariff, immigration, and currency. Acts relative to these5. Ibid., Sec. 8, 9, 10.6. Con#ress 1 onal Reoo'rd. Vol.49, 3105-3107. (62nd Cong,3rd Sess.1913)8. House Document. Ko.3S5. 70 th Cow:, 1st Seas. p,27 (1927)
subjeotB, which have been approved by the Governor-General,shall not become laws until they shall receive the approvalof the President of the United States,
n One of the settled maxims in Constitutional law," soysJudge Cooley, n is that the power conferred upon the legislatureto make laws cannot be delegated by that department to any otherbody or authority. Where sovereign power of the State has loeatedfthe authority, there it must remain, and by the constitutionalagency alone the laws must be made until the constitution itselfis changed. The power to whose judgment, wisdom, and patriotismthis high prerogative has been intrusted cannot relieve itselfof the responsibility by choosing other agencies upon whichthe power shall be devolved, nor of any other body for thoseto which alone the people have seen fit to confide the sovereign
9but where the people have." But an exception to this principlehas been made in the Philippines in which Congress has the rightto delegate legislative authority to such agencies in the Islands
10as it may select.Judge Johnson of the Supreme Court of the Philippines says,
" The only authority possessed by the Philippine Legislature is a delegated authority. The only power or authority to adopt laws is granted by the Congress of the United States in the organic law. The approval by the President or Congress of an act of the
8. Cooley. Constitutional Limitations. 7th ed. p. 1639, Locke, Civil Government. p. 218
10. Dorr vs. United States, 195 U.S. 138 (1904)
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Philippino legislature does not render such an act legal, if, in fact, the same is "beyond the powers of the legislature or contrary to the fundamental law of the land. If the provisions of the act extend beyond the powers of the legislature, it cannot be contended that the same is a valid and legal act even though the same has boon expressly or tacitly approved by the President
;or Congress, unless tho same ean be considered an Act of Congress, and then only when the same is within the powers and authority of Congress. Suoh act of the Philippine legislature, even with such approval, can be more valid and legal than if the Congress of the United States itself had adopted a law which was
11beyond its powers." Any act of the legislature which does not, by its nature, pertain to the law making functions and does not fall within any of the express exceptions established by the organic act is ultra vires and therefore null and void.
There is another principle which curtails the power of the legislature, and that is, the estopping of the legislature from attempting to pass irrepeople laws. It is a well known principle that the legislature cannot pass irrepealable laws or limit its future legislative acts. This, however, has qualifications with regard to constitutional prohibition of laws impairing the obligation of contracts. A contract or grant fcadevby one legislature is, however, binding on a future legislature. But the legislature cannot bind a future legislature when it tries to limit the direction of that body, With reference to other powers of the legislature, either one of the two houses has the power to call the Secretaries of the Be
ll. Senate Document. Bo.529. 64th Con.T.flst Soon., Sec. 117 Vol.34
*74-
partmonta for tlie purpose of reporting on matters pertainingto their Departments. Without the invitation or being calleda Department Secretary may also in his ovm accord appear onthe floor of either House to explain matters pertaining to
12his department. The tendency of the development of the legls lative system has been toward the getting control by the legislature over the executive,
12. Ibid
-75-
2. 2HCUTIVE PO.VER OP SUPERVISION AIU) CONTROL * * * * * * * * *One of the greatest controversies in the Philippines is the
conflict between the Executive and the Philippine Legislature, relating to their position under the Jones Law. Hot only does the Governor-General exorcise much influence over the personnel of the administration through his power.of appointment and removal, but he can also control and direct in a large degree, the actions of the administrative officers. The Philippine Autonomy Act provides that the Governor-General shall have general supervision and control of all the departments and "bureaus of the government in the Philippine Islands as is not inconsistent with the provisions of this Act. In the same Act another provision is made in which the Governor-General shall be responsible for the faithful execution of the laws of thePhilippines and of the United States operative within the16Philippine Islands.
For the efficient administration of the government the Governor-General is given the power to nominate and appoint officials, conformably to law to position in .the service of the Government of the Philippine Islands. But as he may abuse -he tremendous power the Philippine Autonomy Act associates the Philippine Senate with him, re gulling the advice and consent of that body to the appoinment ha mokes. This conforming power has become a political factor of the highest moment• It is not only compatible with the doctrine of checks and balances but with the spirit of the Philippine Autonomy Act: M to give
to the Filipinos as largo a control of their affairs as canbe given them without impairing the rights of sovereignty of
14the United States."Early as early as 1900, before the Jones law was passed by
the American Congress, the Supreme Court of the United Statesin the so-called Insular eases ( De lima vs. Bldwell > said:" Within the limits of its authority, the Government of thePhilippine Islands is a complete governmental organism withexecutive, legislative and judicial departments exercisingthe functions commonly assigned to such departments. The sepa-
18ration of powers is as complete as in most governments."
If the foregoing was true at the time of the Commission and the Assembly* it is applicable now with greater force because the Jones law grants a more autonomous government.The new organic act is built upon the same plan of separation of powers as is known in American Government. Thus in one of its provisions, section 12 provides that " general legislative powers shall be vested in a legislature which shall consist of two houses," while section 21 says that the " supreme executive power shall bo vested in an executive officer whose official
16title shall be the Governor-General of the Philippine Islands,"and section 26 provides that the " supreme court and courts offirst instance of the Philippine Islands shall possess the juris-
17diction as heretofore provided." It is very clear that these three departments derive their authority and powers from the same source: The Constitution of the United States through
14. Senate Document. Ho,240, 64th Cong., 1st Sees., Sec.21(1916)15. Do Lima vs.Didwoll, ibz u.S. b4o U 90U)16. Senate Document, lfo.240, 64th Cong., 1st Seas., Sec,12(1916)17. Ibid. See. 26.
-77-
tho President and Congress; that each of them is separate from the others, and that In construing and determining their respective powers, the well known constitutional doctrine on the subject of separation of powers should be applied.
This leads to a consideration of the character of Act duly passed by the Philippine legislature, not vetoed by the Governor-* General and reported to the Congress of the United States, which accepts it by silence. It is a known fact that the Philippine legislature is a creature of the American Congress, so, legally speaking, the sanction which the Philippine legislature gives to any of the laws it passes, flows directly from the sovereign power, the United States, although from the standpoint of political thought, the legislature acts for and on behalf of the Filipino people. Moreover, before a law can take effect, the Governor-General studies it and then gives his approval in the name of the sovereign power. So, in contemplation of law, the Philippine legislature, no less than the Governor-General, derives its authority from the United States Congress in promulgating the law.
The Administrative Code of the Philippine Islands enumerates the particular officers who are appointable by the Governor General, namely all chiefs and assistant chiefs, in each Bureau including the Philippine Constabulary, In addition, the several Secretaries of Departments, with the exception of the Secretary of Public Instruction, who is appointed by the President of
—78 —
the United. States; the Under Secretary of Departments, Judgesand Auxiliary Judges of First Instance, Provincial Treasurers,
18Provincial Fiscals, Justice of the Peace,
The gist of this discussion refers to a certain Act Ho.2803 already mentioned which was passed by the Philippine Legislature in 1919, approved by the Govemor-General and reported to Congress which approved it, therefore it has the effect of a valid law. The Supreme Court of the United States has held thht a territorial law transmitted to and not annulled by Congress, receives the implied sanction of said Congress, Passing upon an Act passed by the Territorial Legislature of Utah, the Supreme Court of the United States in the case of Clinton vs. Knglebrecht, 13 Y/all.(U.S) 454, decided in 1872 said: " In the first place, we observe that the law has received the implied sanction of Congress. It was adopted in 1859. It must have been transmitted to Congress soon after it was enacted, for it was the duty of the secretary of the territory to transmit to that body copies of laws on or before the first of the next December in each year. The simple disapproval by Congressat any time would have annulled it. It Is no unreasonable in-
19ferenoe, therefore, that it was approved by that body."
It is fundamental therefore that Congress, not rejecting territorial legislation, approves it— — the corollary of the statute which requires the submission of the acts of the le-
18. Senate Document. Ho,124. 65th Cong., 2d Sees., See. 81 Yol.219. Clinton vs. Englcbrocht, 15 Wall. (U.S.) 434 (1872)
-79-
gialature to oongreas, and deolares that if disapproved they shall he null and of no effect..,.
Judge Cooley, one of the foremost authorities on constitutional law, In his work on ” Constitutional Limitations" page 37, says: n Congress creates territorial governments of different grades, hut generally with plenary legislative power, either in the governor and Judges, a territoral council, or a territorial legislature, chosen hy the people; and the authority of this body extends to all rightful subjects of legislation, subject, however, to the disapproval of Congress.♦, The legislation of course must not be in conflict with the law of Congress conferring the power to legislate; but a variance from it may be supposed approved by that body ifsuffered to remain without disapproval for a series of yearsEOafter being duly reported to it."
The same doctrine has been applied by the Supreme Court of the United States to an Act of the Philippine Legislature even before the Jones Law. In upholding Act Ho.1986 of the Philippine Legislature, enacted April 19, 1910, which ratified the act of Governor Forbes in deporting certain persons of Chinese nationality, the Supreme Court of the United States in the case of Tiaco %s. Forbes, 228 U.S., 549(decided in May, 1913), gave as one of the grounds for its decision, the following:
" By section 86 of the Act of July 1,1902, all laws passed by the Philippine Government are to be reported to Congress,
20. Cooley, Constitutional Limitations, p, 37
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whioh reserrefl power to annul them. It Is worthy to note that the law unier consideration was reported to Congress and has not "been annulled,n It further held, that tho Philippine legislature has the same power in the Philippine Islands within the sphere in which it may operate, as Congress itself (Tiaco vs. Forbes, 228 U.S., 549); and it has strongly intimated that when an " Act of the Hiilippine Legislature is reportedto Congress and has not been annulled by that body it is a21lawful and valid act."
flow the question arises as to what extent the Governor- General can exercise his power of supervision and control because the Jones Law clothes him with such general supervision and control of all the department and bureaus of the government in the Philippine Islands. Turning again to the point at issue relating to the said Act Kb. 2803 which empowers the different Department Heads, among other things, to appoint and remove or punish all subordinate officers and employees whose appointment is not expressly vested by law in the Governor-General, it is believed that the power of supervision and control could not be exercised unlimitedly by the Chief Executive, because the said Act provides that the Department Secretaries have■final action in certain eases vested in them by statute. Should the Governor-General fully disregard this Act which gives final authority to Department Secretaries in certain instances, therefore he would be considered to have acted against the will and the authority of the United States
21. Tiaco vs. Forbes. 228 U.S., 549 (1913)
-81-
CongreDs. Believing that he was upholding his prerogatives as a representative of a sovereign power, yet he was in fact encroaching upon the constitutional sphere of the Congress of the United States. It would he unreasonable to hold that in exercising his "general supervision and control” of all the departments and bureaus of the government, the Governor-General oould Ignore the laws passed by the Legislature organizing the government and providing for the process of the government. Otherwise,there would be the strange sight of two set of laws on the political structure of the Philippine Government: those promulgated bythe duly constituted Legislature and those laid down by the Governor-General, who would in such a case be another law making power. Moreover, the power of supervision and control by the Governor-General, if unrestrained by any law passed by the Legislature , would enable him to change at any time the organization and functions of each department and bureau, and to set up a system of administration other than that regularly established by law.
-82-3. ISGISLATIVE FUITCTIOH OP THE EXECUTIVE* * * * * * * * *
An executive has "been regarded a part of the legislature. This is generally practice in the Parliamentary system of government where the King is a member of the legislature because in those countries the Parliament is in theory the King’s Great Council. At least this is the opinion of many writers. Lord Bryce differs on this point when he says: " The position of the President as respects legislation is a peculiar one.... The American President is not a member of either Houses of Congress. He is a separate authority whom the people, for the sake of protecting themselves against legislative power, have associated with the legislature for the special purpose of arresting its action by his disapproval*•.. The American President does not introduce bills, cither directly or through his ministers, for they do not sit in Congress. All that the Constitution permits him to do in this direction is to inform Congress of the state of the nation, and to recommend the measures which his experience in administration shows to be necessary. This latter function is discharged by the messages which the President addressee to Congress, The most important is that sent by the hands of his private secretary at the beginning of each session. Far more effective is the President’s part in the last stage oflegislation, for here he finds means provided for carrying22out of his will. This is his veto power.n It is believed that this veto power of the executive is one of the most noticeable legislative functions discharged by the executive, and it is recognized almost everywhere in the United States as belonging to the executive, at any rate in a limited form.
22. Bryce, The American Commonwealth, pp. 40-50 (1920)
-83-
Aside from the veto power which makes the executive partake in legislation, he also usually recommends to the legislature for adoption such measures as he deems expedient. Ho also issues ordinances and regulations. This power of the executive is known as the ordinance power*
In the Philippines the Governor-General also takes part in legislation in the same category as the executive in the United States, The words n in the same category as the executive in the United States n arc not used advisedly for the veto power of the Governor-General has a different aspect than in the United States. As has ‘been mentioned, the fundamental difference lies in this: The President is elected by the people, thereby he is the people’s representative in which case his veto is the people’s veto; while in the case of the Governor-General, he is appointed by the President of the United States, and he represents external control, foreign to, and not representative of the people, hence, his veto is not the people’s veto.
As a matter of policy, however, there are several limitations on the exercise of the veto power. The creation of an entirely Fillpinlzed Legislature under the Jones Law undoubtedly intended to leave in the hands of the Filipinos ample legislative powers. The veto power must therefore, be liberallyexercised lest the legislative autonomy thus granted be mate-
23rially curtailed in practice.
The Philippine Autonomy Act indicates in two instances the veto power of the Governor-General: first, where a bill or
23. Kalaw, The Case For The Filipinos, pp 238-239
*84-
jolnt resolution whloh is passed "by "both house a, "shall, "before it "becomes a law, "be presented to the Governor# If he approves 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 to that house 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 not then approve, shall transmit the same to the President of the United States.... 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 its adjourn- ment prevent its return, in whldhA it shall become a law unless vetoed by the Governor-General within thirty days after adjournment. ... .second, The Governor-General may veto any particular item or items of an appropriation bill, but the veto
PAshall not affect the item or items to which he does not object# Thus when he vetoes a bill which he believes is impairing
the exercise of the rights of American sovereignty, he is exercising that power in obedience to the spirit of the Jones law,
as the representative of the American Government in the Islands; "but when he vetoes a bill of purely domestic concern he is considering himself a part of the legislative machinery, and unless his action is supported by public opinion, it will mean a material loss of the legislative powers granted to the people.
As it has been pointed out that the Governor-General is not the Filipino people's representative, what, then is his position in the exercise of his veto power? Can he use it without limitation?
From a close examination of the above quoted section, we note these: (1) That it requires the Governor-General to state his reasons for disapproving any bill; (2) That in case the Governor-General should insist upon his veto, after a bill has been considered for a second time by the legislature and passed a two thirds vote of the elective members of that body, the matter must be submitted to the President of the United States for decision; (3) That this appeal to the President must necessarily take place, should the bill be repassed by the required vote of the legislature and revetoed by the Governor-General.By those requirements, it can be seen that the Governor-General has not unlimited power for the law requires him to " specify his objections in the event he should reject a bill."
It is a well known principle, " that when an official hasa final and absolute discretion to take action in any natter,it is not necessary for him to explain such action before any
25government official or body."
House Document, ho.99. 70th Cong., lot Seas, p. 48 (1926)
- 86-
Moreover, the fact that the natter crust he referred to the President is tantamount that the question Is not altogether within the discretion of the Governor-General. This is a safeguard from a possible encroachment jtpon the Philippine Autonomy Act, Furthermore, the language of the Act on this question is mandatory and imperative, having nsed the word ” shall n instead of " may.”
The question, to repeat, is, v/hat is the position of the Governor-General in the exercise of his veto power? The veto power as a prerogative of the Governor-General was intended by Congress to be a reservation of the authority by the United- States through the Chief Executive to annul bills passed in extreme and ordinary cases which might arise where such bills attempt to challenge, destroy, or impair American soveeignty, and that said veto power was never meant to be used in ordinary legislation which regulated domestic affairs and which
26does not affect the sovereignty of the American people. Fromwhat is expressed it is only the fulfilment of the desire” to place in the hands of the people of the Philippine Islandsas large a control of their domestic affairs as can be giventhem, without in the meantime, impairing the exercise of therights of sovereignty of the people of the United States, inorder that, by the use and exercise of popular franchise andgovernmental powers, they may be the fetter prepared to fullyassume the responsibilities and enjoy all the rights and pri-
27vileges of complete independence,”
26, Bocobo, General V/ood and the Law, p. 62 (1923)27, House Document. Ho.99. 70th Cong., 1st Seas, p.46 (1926)
-87-
An attempt has teen ma&e to classify bills which the Governor General may disapprove by the exercise of his veto power. They are divided into four classes: (1) Those bills which are manifestly unconstitutional; (2) Those which are in violation of any treaty of the United States with other nations; (50 Those which desoriminate against the citizens and subjects of other nations; (4) and those which attempt t9 challenge or diminishAmerican sovereignty over the Islands. All these bills he may
28veto.It la interesting to note that these arguments set forth
by the Filipinos were not upheld by the President of the United States. One of the most important bills forwarded to the President was " An Aot remitting the penalty of the land tax in the Philippine Islands for the year 1923" The points of appeal on the part of the Philippine legislature were based principally on two grounds;
First, that the Governor-General has no power under the Philippine Organic Act to veto bill under discussion, which is not unconstitutional and is one of mere domestic concern.
Second, that even granting that such power resides in the Governor-General, still the disapproval of this bill was unwarranted and unwise because--
(a) The bill is intended to provide relief from failure of crops.
(b) The measure is but a continuation of a practice followed since 1902.
28. Ibid.. p. 47
88—
(c) The final disapproval of tills measure might diminish the oonfidenoo of the people in the ability of the government to afford relief in cases of emergency.(d) The Philippine Legislature is in a better position to
29know the needs of the Filipino people.
Despite all of these the Governor-General vetoed the sai<? Act. The explanation of the Chief Executive runs thus:" I consider the proposed law unsound in that it interferes v/ith the administrative machinery for the collection of taxes by removing one of the chief incentives provided to secure the prompt payment of taxes. It tends to encourage dilatoriness and neglect in the discharge with duo promptness of the essential duty of all citizens to contribute to the necessary and lawful support of the government. It is unjust to thecitizen who has already promptly met his obligations to the
30government and paid his taxes when they were due."
The President in upholding the veto of the Governor-General contended that there is M absolutely no ground for the contention that the exercise of the duty imposed on the Governor- General by the organic law is in any way limited to a particular class of bills." In answer to the second argument the President pointed out that the " proposed bill condones and abrogates completely the penalty on the entire land for the current year and is applicable not merely to Provinces that might be laboring under special disability due to calamitybut is of general application without reference to local con-
The Judge Advocate General of the United States holds the same opinion as the president of the United States In upholding the veto power of the Governor-General. He says: " The veto power Is purely a question within his discretion. It is within the scope of his power, and It Is probably one of the purposes for which It was given that he should judge of the constitutionality of all proposed legislation. The Jones law merely require the Governor-General to return the bill with his objections. In fact, though the ground of his objection should be entirely arbitrary or capricious or the result ofpersonal feeling or prejudice, still the constitution does
32not forbid him to make it the basis of a veto." These contentions of the President and the Advocate General strengthen the veto power of the Governor-General in the Philippine- Islands without further limitations.
32. Ibid., p.63
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4. EXECUTIVE FUHCTIOHS OF THE LEGISLATURE* * * * * * * *
Professor Ogg says, M Coagrees of the United States is not only a law making "body, "but it is far more than that. Its read* lly distinguishable functions ( exercised by one house or both) are at least^in number. (1) Constituent, (2) Electoral, (3) Executive , (4) Judicial, (5) Supervisory, and Directive (G) legislative— an enumeration which of itself is sufficient to indicate that Congress, like the Presidency, although establishedwith a view to a separation of powers, deviates from that prin-
33oiple in its actual powers and working at almost every turn."
In considering the mode of electing the president and vice- president, Congress acts as a board to canvass the electoral vote and declare the results, and that in event of the failure of an electoral majority the House of Representatives chooses the president from the three candidates having the largest number of votes, and the Senate similarly chooses the vice- president from the two candidates standing highest. It also prevails in the United States that congress shares with the the President, by express constitutional provisions, the executive functions of appointment and treaty making.
Even Justice Malcolm of the Philippine Supreme Court says that " in no constitutional state can the legislature be shut out from all participation in the work of administration. The organic law of all the states, even of those which pretend to adopt the theory of separation of powers, provides that some
33. Ogg and Roy, Introduction to American Government, pp 456-7
91
of the most important administrative or executive acts shall34he performed not hy the executive hut by the legislature also."
Under the present government of the Philippine Islands the legislature plays an indespensahle part not only in legislation but in the administration as well. The reason for this is obvious. The executive is not as yet elected hy the people and the only representative body that the Filipino people have is the legislature. Of course, there is also the Council of State, an extra-constitutional body, consisting of the Department Secretaries and the two presiding officers of both houses, besides the Governor-General. This body as has been mentioned, has taken the function of the Cabinet, whose function is to aid and advise the Governor-General on public natters.
Under the Administrative Code each house of the legislature may call a secretary of a department for information on matters pertaining to his department. This provision of the law has made the members of the Cabinet accountable to the Legislature, unlike the responsibility of the President's Cabinet, which is solely to the President. The power of the Philippine Legislature to call a department secretary seems to be an act amounting to an executive function. In the same section of the Code it is mentioned that a department secretary shall be entitled to be heard by either of the two Houses of the Legislature for the purpose of reporting on matters pertaining to his department. This is, however, qualified by the words: n unless the public interest shall require otherwise."
34. Malcolm, op.cit.. p.25935, Administrative Code of the P.I. Senate Document, Ho.124,
55th Cong., fed Seas.,dec.80, (1918)
—92 —
Again, we find the legislature has the power of fixing the "budget of the expense of the government. All that the Governor- General may do, except of course his power to veto any particular item of an appropriation bill, is that, n 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
56bill." In this connection, it will be noted that we have before defined government budget to be a ?f plan for financing the government during a definite period prepared and submitted by the executive to the representative body whose approval and authorization arc necessary before the plan may be executed,n In applying this definition it is to be understood that the executive should prepare and submit a financial plan to a R representative body." The practice, however, is that, before the preparation of the budget, a general, line of financial policy is worked out and agreed upon by the members of the Council of State» Then the different offices and bureaus are requested to submit their estimates, which should include the probable receipts and the proposed expenditures for the coming year. These estimates are made under the supervision and control of the department heads who have th% power to out down or add items. After this, these estimates are submitted to the Secretary of Finance whose chief work is to coordinate the various departmental estimates in conformity with the final policy adopted by the Council of State, and then the Governor-General in a message, sends the budget to Legis-
lature for approval, anendnent, or rejection.In the legislature the Chairman of the Committoe on Appro
priation of either house, n may require the attendance of chiefs and assistant chiefs of Bureaus and Offices and any other officers or employees, and the submission by them of such documents and information as may bo necessary for the guidance of
37such committee in the performance of its duties.M
Speaking alone now of the Senate as part of the Philippinelegislature, this body also exercise an executive function inconfirming nominations submitted by the Governor-General. Thisfunction of the Senate has been regarded an executive one bylord Bryce when he refers to w the executive function of theSenate, that of confirming nominations submitted by the Pres-
38ident".... Ee refers in this statement to the Senate andthe President of the United States and not in the Philippine Islands.
THE REL4TI0H OF THE LEGISLATURE TO THE JUDICIARY* * * * * * * * * *1. Legislative InterpretationIn order that the line of distinction between the legis
lative and the Judicial provinces may be determined, it is necessary.to define legislative and judicial powers, respectively.
It is understood that under the Philippine Autonomy Act, the legislative power includes the power to make laws, and to alter and repeal them. The legislature cannot lawfully exercise powers which are in their nature essentially executive or judicial. It is axiomatic that the legislature
> , 1cannot make a law and then take part in its execution. Elaborating then the distinction which distinguishes a judicial from a legislative act, we find that the one is a determination of what the existing law is in relation to some existing thing already done or happened, while the other is a predetermination of what the law shall be for the regulation of all future cases falling under its provisions. To adjudicate upon and protect: the rights and interests of Individual citizens, and to that end to construe and apply the laws is the peculiar province of the judicial department, while on the other hand, the legislative powers extend only to the making of laws. The legislature of the Philippine Islands, by its law making power cannot directly reach the property or vested rights of the citizen by merely providing for their forfeiture or transfer to another without trial and Judgment in the courts, for to do so would be to exercise a power
1. Laws of the Third Philippine Legislature,.Senate Doc.Ko^529 'Slfch Cong, lot Sess., Sec. 15,'voI.MCI916)
- 95-
which belongs to another branch of the government, and this is strictly forbidden to the legislative department, It has no
2authority to take part in the execution of any particular law.legislation, then, is either the making of now rules, or
the declaration of existing rules. The legislation, which thelegislature makes v/hen it declares existing rule9,is known asn declaratory statutes." This is defined to be one which ispassed in order to put an end to a doubt as to what is thecommon law, or the meaning of another statute, and which de-
3Clares what it is and ever has been. It is considered by all the eminent authorities upon constitutional law that the courts have authority finally to determine what are the respective powers of the different departments of government,
In the Philippines, the question of the validity of every statute is first determined by the legislative department of the government. Every act of the legislature is presumably valid. But courts are not justified in adjudging a statute invalid in the face of the conclusions of the legislature, when the question of its validity is at all doubtful. The courts will assume that the validity of a statute was fully considered by the legislature when adopted. Courts will not presume a statute invalid unless it clearly appears that it falls within some of the inhibitions of the fUrdcunontal lavra of the State. The wisdom or advisability of a particular statute is not a question for the courts to determine.
2# " Division of Powers " House Document, go,525, 70th Cong.1st Sess., p. j
§, " Statute " Bouvlor Daw Dictionary
— 96—
n If a particular statute is within the constitutional power of the legislature to enact, it should he sustained whether the courts agree or not in the wisdom of its enactment. If the statutes cover subjects not authorized "by the fundamental lav/s of the land, or by the constitution, then the courts are not only authorized but are justified in pronouncing the same illegal and void, no matter how wise or benificient such legislation may seem to be. Courts are not justified in measuring their opinions with the opinion of the legislative department of the government, as expressed in statutes, upon question of the wisdom, justice and advisability of a particular law.In exercising the high authority conferred upon the courts to pronounce valid or invalid a particular statute, they are only the administrators of the public will as expressed in the fundamental law of the land. If the act of the Philippine legislature is to be held Illegal, it is not because the judges have any control over the legislative power, but because the act is forbidden by the fundamental law of the land and because the v/ill of the people, as declared in such fundamental law, is paramount and must be obeyed even by the legislature. In pronouncing a statute Illegal, the courts are simply interpreting the meaning, force and application of the fundamental law
4of the state."The judicial department of the government may examine every
law enacted by the legislature when the question is properly presented for the purpose of ascertaining! (1) whether or not such law came within the subject matter upon which the legis-
4. " Respective powers of Different Departments of Government"House Document ,IIo.525, 70th Cong., 1st Sess., p.55 (1927)
- 97- #
lative "branch of the government legislate; and Vb) Motherthe provisions of such law were in harmony with the authority given the legislature. If the judicial "branch of the government finds (a) that the legislative or executive "branches of the government had authority to act upon the particular subject, and ("b) that the particular law contained no provisions in excess of the powers of such department and the acts of the executive were within his powers, then that investigation,or that conclusion, conclusively terminates the investigation
5"by the judicial department of the government,In the Philippine government, there are various constitu
tional prohibition which serve to restrict the power of the legislature, The rule as judicially stated, is that an act of the legislative authority of the Philippine government, which has not been expressly disapproved by Congress, is valid unless its subject matter has been covered by congressional legislation, or its enactment forbidden by some provision of the organic laws. The legislative power of the government of the Philippines is granted in general terms subject to specific limitations.
E, I2TQUISIT0RIA1 POVfER OF THE LEGISLATURE AID ITS POWER TO PtJHISH FOR OOETEMPT * * * * * * * * *As has hoen mentioned, the legislature is the tody which
determines the new governmental policies through the enactment of law. It should possess discretion, not in any manner interfered with "by another branch of the government in the prosecution of such inquiry or investigation. In addition to the power to enact laws, the Philippine Legislature has the inherent power on its own account or through committees appointed by it, to
inquire into the general dondition of the government, the administration of governmental affairs, and the general welfareof the people to obtain information to aid it in adopting wise
7legislation. But in the exercise of this inquisitorial power, does the legislature have the power to punish for contempt in the conduct of its investigation? The prevailing opinion in the United States seems to be that the legislature has. As far back in 1821, the Supreme Court of the United States has held that the power for punishing for contempt even other than their own members, was possessed by both Houses of Congress by necessary implication, A general power to punish for contempt was held to be vested in the House of Representatives as a necessary incident to the exercise of its functions, and its adjudication
8was held sufficient to establish the fact for contempt.In the Philippines a provision is made in the Philippine
Autonomy Act that " the Senate and House of Representatives, respectively, shall be the sole Judges of the elections, returns,
7. " Authority of the P.I, Legislature to enact Laws is Whollya Delegated Authorityr* House Document.Ho.325. 70th Cong.
1st Sess., p.48 {35ZT)8. Page, " Notes on the Constitution," Cong., Digest..vol/3 ̂^.176
- 99-
anci. qualifications of thoir elective members $ and each housenay determine the rules of its proceedings, punish its momberefor disorderly behavior, and v/ith the concurrence of two thirds,
9expel an elective member.The above provisions deal only v/ith the members within the
legislative organization. In the Administrative Code there isa provision for vesting a power in the chairman of the committeeon appropriations of either House of the Legislature to requirethe attendance of chiefs and assistant chiefs of Bureaus andOffices and any other officers or employees, and submission bythen of such documents and information ns may be necessary forthe guidance of such oommittee in the performance of their &u-
10ties.With this inquisitorial power there is mentioned contempt
of legislative body or committee. In this connection, it should be borne in mind that the power to punish for contempt is not vested in the legislature, but rather in the court of first instance having jurisdiction in the case. There are two other sections of the Code which deal with this point. Section 118 provides that R any person who, being summoned to attend as a witness before the Philippine Legislature, or either House thereof, or before any committee of said bodies lawfully clothed with authority to take testimony, fails or refuses, without legal excuse, to attend pursuant to such summons, and any person, who being present before any such body or committee, willfully refuses to be sworn or to answer any legal inquiry or to produce, upon reasonable notice, any material and proper books,
9. Acts of Congress, Aug.29,1916, Senate Document, Bo.331, Sec,18,10. Administrative Code of the P.I. Sec.117. Senate Doc.Bo.529,(1916)
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papers, documents, records, or other evidence In his possession or under his control, required by any such body; shall be subject to diBcinline in the manner provided In section three hun-
11dred and twenty one hereof.n Said section provides that ” whenauthority to take testimony or evidence is conferred upon an administrative officer or upon anjr non judicial person, committee , or other body, such authority shall be understood to comprehend the right to administer oaths and summon witnesses and shall Include authority to require the production of documents under a sub poena duces tecum, or otherwise, subject inall respects to the same restrictions ?md qualifications as ap-12ply in judicial proceedings of a similar character."
" Any one who, without lawful excuse, fails to appear uponsummons Issued under the authority of the proceeding paragraphor who, appearing before any individual or body exercising thepower therein defined, refuses to make oath, give testimonyor produce documents for inspection, when there unto lawfullyrequired, shall be subject to discipline of the individual orbody exercising the power in question shall be dealt with bythe judge of first instance having jurisdiction of tho case
13in che manner provided by law."
11,Administrative Code of the ?.!. Senate Document. ITo.529,Sec, 118i2 .̂ HOTrr sec, ggi— ----------15. TE3GL. Sec.322
— 101—
3. LEGISLATIVE FUICTIOE OF THE JUDICIARY * > { : * * * * * • * * * * *The chief function of the Judicial department is to inter
pret the law and to apply its penalties and remedies in all cases brought before the courts for their decision.
Lord Bryce, speaking of the Supreme Court of the United States said: ” The Supreme Court Is the living voice of the constitution....that is the will of the people expressed in the fundamental law they have enacted. It is therefore the conscience of the people, who have resolved to restrain themselves from hasty or unjust action by placing their representatives under the restriction of a permanent law. It is the guarantee of the minority, who when threatened by the impatient vehemence of a majority can appeal to this permanentlaw, finding the interpreter and enforcer thereof in a court
14set high above the assaults of faction.M
The Supreme Court of the Philippine Islands, like theSupreme Court of the United States stands as a protector ofthe rights of the people, punishing official transgressors,
15and even declares laws to be Invalid. The interpretation of the law belongs to the courts of justice, for a law implies a tribunal, not only in order to direct its enforcement against individuals, but to adjust it to the facts— to determine its precise moaning to the circumstances of the particular ease.The legislature, which can only speak generally, makes every law in reliance on this power of interpretation. It is therefore obvious that the question, whether a congressional statute
14. Bryce, The American Commonwealth, vol. 1, p. 273, (1920)15. " Rights of Courts to decide Questions," House Document.
Ho. 325. YOi'hCong.1st Sess. p.29(1927)
■“102 —
offends against the constitution, must be determined by the courts not merely because it is a question of legal construction, but because there is no other authority to determine it. Congress cannot do so, because Congress is a party interested. If such a body as Congress were permitted to decide the acts it had passed were constitutional it would of course decide in Its own favor, and to allow it to decide would be to put the Constitution at its mercy. The President cannot also, because he may be as well interested, or because ho is not a lawyer. To have made the authorized interpreter of its own acts n would evidentlyhave loft unobstructed the road to rapid absorption of state
16duties in national government activity.”
Inspite of the attempt of the Judiciary to 2:cep off the province of the legislature in its legislative power, yet the power to interpret what the law is results in judicial legislation. Again when a statute is ambiguous and it is impossible to determine the rules of construction the true intention of the law, and a judge is called upon to determine what the law should be, he really becomes, therefore, a legislator In effect.
In the Philippines the courts also perform some functions of legislation in the making of rules. Because of the express provision of the law the Supreme Court of the Philippine Islands is authorized to make, and has in fact prepared and promulgated M Rules of the Supreme Court of the Philippine Islands,n and M Rules of the Courts of First Instance of tho Philippine Islands ,” and n Rules for the Examination of Candidates for Admission to the practice of law."
16. " Relation of the Judicial Branch to legislative Branch," Congressional Digest, vol. 2, Ho. 9, p. 261, (1923)
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" Such rulea of court, " says Justice Malcolm, n have the effectof law unless it can ho shown that they are in conflict withthe laws of the United States or of the [Philippine Islands, or
17are unreasonable or deprivatory of legal rights,n During the legislative session in 1923, a hill was presented in the House of Representatives giving power to the Supreme Court to issue licenses to all graduates of the law schools recognized hy the Government of the Philippine Islands to practice law in all the Philippine courts without requiring them take the bar examination, but this bill failed to meet public sanction so it was killed by the committee.
It must be understood that this practice in the Philippines with regards to this rule making power exercised by the courts does not reduce the legislative power. In fact this is, as well, the practice in the United States. This point was explained by Professor Dodd very clearly when he soys: ” Courts are coming to a liberal view with respects to legislative grants of rule making power, if the power so granted is carefully safeguarded and may not be exercised arbitrarily. Probably two thirds of the present detail of legislative work can now be shifted without constitutional difficulty, But the legislature should remain the states policy— determining organand should have power to supersede if necessary, the rules
18made by other bodies,”
17. Malcolm, on. cit,. p. 267 (1920)18. Dodd, Thostate Government, p.229, (1922)
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As In the Philippines the legislature does not interferewith those powers which the Supreme Court exercises 'because
19ol the express provision of the lav/. In general, courts are in some oases authorized hy statute to make their own rules for the regulation of their practice and the conduct of business, and in the absence of any statutory provision or regulation in reference thereto, a court has the inherent power to make such rules, subject, however, to this limitation, that a court can make no rule which is unreasonable,which deprives a party of his legal rights, or which is in
20contravention of a statute or of the law of the land.
19. Act of Congress, Aug.29, 1916, See,26, Senate Document. Ho.38164thCong, lotSess.BQ,"Courts," Cyclopedia of lav/ and Procedure, vol.II,$.740,11904)
Gannon ot al vs. Frits. 79 Pa. St, %o3. (1875)
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CHAPTER VI* * * # •H
LOCjIL GOVERmiEliT * * * * * *
President McKinleys instruction to the first Philippine Commission dated April 7, 1966, is as follows:” In the distribution of powers among the governments organised "by the commission, the presumption is always to "be in favor of the smaller subdivision, so that all the powers which can properly be exercised by the municipal government shall be vested in that government, and all the powers of a more general character which can be exercised by the departmental government shall be vested in that government, and so that in the governmental system, which is the result of the process, the central government of the islands, following the example of the distribution of the powers between the States and the national Government of the United States, shall have no direct administration except of matters of purely general concern, and shall have only such supervision and control over local governments as may be necessary to secure and enforce faithful and efficient administration by local officers."
These general rules are to be observed; That in all cases the municipal.officers who administer the local affairs of the people are to be selected by the people.
In this instruction to the Commission, President McKinley laid down the injunctions that " the presumption id always to be in favor of the smaller division," that the central government of the Islands " shall have only such supervision and
1. Instruction of the President to the Philippine Commission.( April 7, 1966 Washington)
—106 —
control over local govermente ac nay "bo nocescary to secure and enforce faithful and. efficient administration "by local officers,n and that n in all cases the cmnioinal officers who administer the local affairs of the people arc to "be selected by the people." Such portions of the Instruction to the Commission relating to self-government, constitutes a portion of Philippine Constitutional law, and should be enforced. As a result, " the right of self government is not to be easily taken away or restricted. But it cannot be denied that inpractice, there is supervision of local government from the2central authority,
local government was known in the Philippines before the coming of the Spaniards. The islands were divided into what were called " barangays." This local government was continued, with changes, under the Spanish administration. The " barangays " came to be Icnown as " pueblos " divided into " barrios," The Maura law of 1893 was the most liberal step taken by Spain toward municipal self-government in the Philippines. The American administration, after an investigation of the Spanish system, and after receiving the advice of eminent Filipinos, finally decided to bring in the general American system, with the exception that, instead of complete decentralisation, municipalities and provinces were to be under central
3control.Civil Governor Taft wrote: The municipal law of the Philip
pines is drawn on the same general plan as the Municipal Codes
of this country (the United States), and the government is practically autonomous,..* The provincial government is partially autonomous.
The Philippines arc now divided into forty eight provinces, with practically autonomous governments. The provinces are divided into municipalities, of which there are nearly one thousand in the Philippines, The city of Manila and the city of Baguio operate under special charters. The general supervision over the provinces is assumed by the Secretary of the Interior, Provincial officers,in turn, supervise the conduct of municipal government. neither the provinces nor the municipalities are subject to intervention by the central government as longas they confine themselves within the limits of their legal
5powers.The public corporations now existing in the Philippines
arc the municipalities, the City of Manila, the City of Baguio,and the provinces. The state, in granting to the municipalitythe right of local self government, does not thereby depriveitself of its general powers throughout the length and breadth
6of the state. The central government may empower the municipal authorities to take full charge of all local affairs, Insofar as these affairs are not expressly reserved to the state government, or the central government may bestow on the municipalities a list of specific powers, enumerating in a general municipal code or in special charters the things which the municipal authorities may do. Beyond this enumeration the powers
4, Taft, " Civil Government of the P.I. 71, Outlook, p,305 (1902)5, " Structure of the Philippine Government.v '#ie' Wngressiomal
Digest, vol.S, ITo,7. p.ZDO,6, Ibid,.
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of the municipality do not extend. Anything further is ultra 7Tiros, The municipality is simply the agcht of the state andis subject at all times to its control.
Justice Malcolm of the Supreme Court of the Philippinessays: n while the state grants to such localities the right ofself-government in local affairs, it docs not thereby depriveitself of the right also, when the occasion demands, to inter-
. 8 fore and enforce its own laws,"
The corporate governmental entities through which the function of government are exercised throughout the Philippine Islands are the Insular Government, the Provincial and the Municipal Governments and the Chartered Cities. The charter cities
9in the Philippines are Manila and Baguio. The charter is defined to be essentially the constitution of the city. It is primarily an instrument for permitting and encouraging the efficient exercise of public authority along proper lines. It is based upon the assumption that the powers of public officials should be so restricted as to prevent possible abuse.
The Insular Government as in the case of the Federal Government of the United States is divided into the executive, legislative and judicial branches. As has been mentioned the head of the executive branch is the Governor-General of the Philippine Islands who is appointed by the President of the United States by and with the advice and consent of the Senate. He is assisted by the Department Secretaries in the performance of his duties. All the department Secretaries with the exception
7. Monro, Municipal Government and Administration, vol.l,p.!558. Malcolm, db.' cTt. ,' p.£T£P9. Chamber of̂ CeRafiSfif»of̂ tfcSr.Prl-* r.P.80% a LlSSQ) Published by the
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of I,ho Vice-Governor General, r,vho is es-officio Secretary ofthe Department of Public Instruction are Filipinos and appointedby the Governor-General. The other officials appointed by thePresident of the United States are the Insular Auditor, theDeputy Insular Auditor and the nine Justices of the Supreme
10Court,The Executive Bureau and the Bureau of Mon-Christian Tribes,
both of which are in the Department of the Interior, exercise supervision over the provincial and municipal governments. The Executive Bureau has charge of the so-called regular provinces and the Bureau of Kon-Christian Tribes of those inhabited by the backward inhabitants of the Philippines including the Mores in Mind&naw and the Igorotes of the mountain regions of Luzon. The functions of these two bureaus are practically identical, the difference lying only in the degree of civilization of the inhabitants over whom they have supervision.
The Insular, Provincial and Municipal Governments of the Philippine Islands rest on the free and peaceful suffrage of the people. The people elect members of the Insular legislature, Provincial Governors, Municipal Presidents, and members of the municipal council. The firs# general elections held in June 1919, under the enlarged suffrage granted by the act of August 29, 1916, has been described in the following manner:,T interest in the elections was widespread, and election day passed without any serious disturbances. There was a general acceptance by the minority of the results of the popular vote... and this demonstrated the capacity of the Filipino people
for the orderly exerolno of popular frarehlne." Even In the Ilountaln Province, and the Provinces of Hueva Yiiscaya and Min- drnaw more autonomous government had taken place, and greater responsibility in the administration of local affairs upon the provincial and municipal governments. The responsibility for public order has also been placed in the hands of local officials , and the central government only intervenes whenever it becomes evident that such intervention is necessary to restore public order and suppress criminality. Care is taken, however, that the withdrawal of government control is done only whoa ever the progress made or the circumstances clearly warrant such a step and without prejudice to the central government’s stepping in at any time in order to maintain order and to preserve the.efficiency of the provincial and municipal governments . It should be noted that in the provinces above mentioned, by proclamation Ho.29 of the Governor-General, dated July 22, 1920, the positions of governors were made elective insteadof appointive* Accordingly, these nrevinces have been recognized
13to be regular provinces.
12
12. Report of the Special mission to the P.I. to the Secretaryof V/ar. {house document. W6.325. fflfth. "Cong. .2ci Sees.
p.42, (1922)13, Report of the Governor General of the P.I. p. 20, (1923)
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TKE OOVEREMEET OF THE CITY OF HAHILA * * * * * * * * * * * *-THE L1AYOR- * * * *
The Government of tho City of Manila is vested in a Mayorand a I&nicipal Board. The Mayor is appointed "by the Governor-General with the consent of tho Senate and holds office at thepleasure of the Governor-General. In the event of sickness orabsence of the Mayor, his office is discharged by the CityEngineer of Manila who shall have the same powers and dutiesas the Mayor. The Mayor is the chief executive of the city and
14has the following powers and duties:(1) To see that the laws, ordinances and resolutions in
effect within the jurisdiction of the city are faithfully executed and enforced.
(2) To see that all revenues of the city are collected in accordance with appropriations to the payment of the municipal expenses.
(3) To see that the executive officers and employees of the city properly discharge their respective duties.
(4) He has the rights to attend all sessions of the Board, and to participate in its discussions, but not to vote.
(5) To represent tho city in all its business matters, and sign on its behalf all its bonds, contracts and obligations made in accordance with law or lawful ordinance or resolution.
(6) To submit to the Board before the first day of October of each year a budget of receipts and expenditures which shall be the basis of the appropriation ordinance for the coming year.
14. Laws of the Third Philippine Legislature. Senate Document, Ho. 629, 64th dong.,1st dess., Sec/2407, vol.34(1916)
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(7) To present to the Governor-General an animal report covering the operations of the city government during the proceeding year, accompanying such report with the written concurrence therewith, or dissent therefrom, of the Board,
(8) To perform such other executive duties as may he prescribed by law or be required of him by ordinance or resolution of the Board,
CITY DEPARTMENTS****************The Mayor of the City of Manila exercises supervisory con
trol over the City Departments. Like the Governor-General who exercises general supervision and control over the departmentsof the Insular Government, the City Mayor has supervision over
15the following departments.(1) Department of Engineering and Public Works.(2) Police Department(3) Law Department(4) Fire DepartmentIt is the duty of the Municipal Board to make such readjust
ment of the duties of the several departments as the public interest may demand, and the Governor-General, with the consent of the Senate has the power to consolidate any department, division or office of the city with any other department, division or office, upon the recommendation of the Mayor,
Each head of the department of the city government is in control of such department under the direction and supervision of the mayor. It is the duty of the head of the department to
15. Ibid., Sec. 2417
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oertify to the correetnesc of all payrolls and vouchers of his department covering the payment of money, "before payment.On or before the first day of September of each year, he shall also prepare and present to tha mayor for submission to the Board an estimate of the receipts and appropriations necessary for the operation of his department during the ensuing year, and shall make to the mayor as often as required reports covering the operations of his department,
DEPARTMENT OF ENGINEERING- AND PUBLIC WORKS * * * * * * * *The city engineer is in charge of the department of engi
neering and public works. He has the charge of all surveying and engineering work of the city and such services in connection with public improvements, or any wort entered upon or projected by the city, or any department as may require the skill and experience of a civil engineer.... Ho £m.s power subject to the approval of the mayor, to cause buildings dangerous to the public to be made swoure or t o m down. Ho supervises and regulates also the location and use of engines. He is authorize to charge, at rates to be fixed by the Boardwith the approval of the Governor-General for sanitation and
16transportation services and supplies of his department.
16. Laws of the Third Philippine Legislature, Senate Document, no. o&O, 64tn'Gong., 1st Sesa., sec.2430, vol.34,(1916)
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POLICE DEPARTMENT * * * * * *The head of the police department Is called the Chief of
Police of the City of Manila, He la in charge of the police department and everything pertaining thereto, including the organization, government, discipline and disposition of the city police and detective force. He shall also quell riots, disorders, disturbances of the peace and is authorized to arrest and prosecute violators of any law or ordinance. He is charged with the protection of the rights of persons and property wherever found within the jurisdiction of the City of Manila, and he is also empowered to arrest without warrant, whon necessary to prevent the escape of the offender, violators of any law or ordinance, and all those who obstruct or interfere with him in the discharge of his duty. He shall promptly and faithfully execute all orders of the mayor and all writs and processes of the city courts and all criminal processes of the Court of First Instance of the city
17when placed in his hands for that purpose.
THE LAW DEPARTMENT * * * * * *The head of the law department is called the city fiscal.
He is assisted by six assistant fiscals. They are under the general supervision of.the Attorney-General. The fiscal of the city is the chief legal advisor of the city and all offices and departments thereof. He represents the city in
17. Ibid.. Sec.2455
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611 civil eases wherein the city or any officer thereof in his official capacity is a party. He shall also have charge of the prosecation of all crimes, misdemeanors, and violations of city ordinances, in the Court of First Instance and the municipal court of the city, and shall discharge all the dutiesin respect to criminal prosecutions enjoined "by law upon the
18fiscals.
TIE FIRE EEPARTLIEin * * * * * *The head of the fire department is called the chief of
the fire department of the Cijky of Manila. He has the management and control of all matters relating to his administration of the fire department, and the organization, government, discipline and disposition of the fire force. He has the authority to remove any "building or other property whenever it becomes necessary to prevent the spreading of fire or to protect adjacent property. He has the full police powers in the vicinity of fires. It is M s duty also to investigate and report to the mayor upon the origin and cause of fires occuring within the city. He has the power to inspect all buildings erected or under construction or repair within the city and determine whether they provide sufficient protection against fire and see if they have complied with the ordinances relating thereto. It is also his duty to sec that allordinances relating to these subjects or any of them are en-
19forced.
18. laws of the Third Philippine Legislature, Senate Document,Bo,bH9, 64th Cong., 1 s t Sees., Sec.M3?,vol.34,(1916)
19. Ibid., Sec. 2451.
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It should be noted that the City of Baguio is not discussedfbecause the governmental machinery of these two cities are prac^
tically the same. Only very few points of differences can be noted. In the City of Baguio the Mayor is a member of the City Council and at the same time he is the city engineer of the city, while the Mayor in Manila is not a mamber of the Municipal Board, The Municipal Board of the City of Manila consists of ten elective members who hold office for three years and until their sueeessord arc elected and qualified, while the council of the City of Baguio consists of the Mayor, Vice- Mayor and three other members, two of whom are elected in conformity Y/ith the provisions of the Election law. The Municipal Board of Manila elects its own president from among the members, who for one year shall preside at all meetings of the Board at which he is present, and in his absence the Board elects one of its members as temporary presiding officer. In Baguio the presiding officer is the mayor himself, and he is given the right to vote on all ordinances or other matters coming before the council.
It is interesting to note the method of transacting business by the Municipal Board— — the veto of the mayor, and the authentication and publication of ordinances. To quote in full:" Unless the Secretary of the Interior orders otherwise, the Board shall hold two ordinary sessions for the transaction of business during each week on days which it shall fix by resolution, and such extraordinary sessions, not exceeding
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thirty during any one year, as nay "be called "by the Mayor. It shall sit with open doors unless otherwise ordered hy an affirmative vote of seven members. Size merabers of the Board shall constitute a quorum for the transaction of "business, and six affirmative votes shall "be necessary for the passage of anjr ordinance, resolution or motion. Each proposed ordinance shall "be published in two daily newspapers of general circulation in the city, one printed in English and the other in Spanish, and shall not be discussed or enacted by the Board until after the third day following ouch publication. Each ordinance enacted by the Board, and each resolution or motion directing the payment of money or creating liability, shall be forwarded to the Mayor for his approval. Within ten days after the receipt of the ordinance, resolution or notion, the Mayor shall return with Ills approval or veto. If he does not return within that tine it shall be deemed to be approved. If he returns it with his veto, his reasons therefore in writing shall accompany it. It may then be again enacted by the affirmative votes of seven members of the Board, and again forwarded to the Mayor for his approval, and if within ten days after its receipt he docs not again return it with his veto, it shall be deemed to be approved. If within said time he again returns it with his veto, It shall be forwarded forthwith to the Governor-General for his approval or disapproval, which shall be final. The Mayor shall have the power to veto any particular item or items of an appropriation ordinance, resolution or motion directing the payment of money or creating liability, but the veto shall
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no t affect the Item or Items to which he does not object. TheItem or Items objected to shall not take effect except In themanner heretofore provided in this section as to ordinances,resolutions and motions returned to the Board with his veto.Each approved ordinance shall be sealed with the city seal,signed by the president of the Board and the secretary, andrecorded in a book kept for that purpose $ shall be publishedin two daily newspapers of general circulation in the city,one printed in English and the other in Spanish, within tendays after its approval$ and shall take effect and be in forceon and after the twentieth day fpllowing its publication, if20no date is fixed in the ordinance.
20. Laws of the Fourth Philippine Legislature. Senate Document, ito. 124, both Cong., 2cl''Sons'., See.'l'!443, vol.4,(1910)
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THE MJ1IICIPAL BOARD* * * * * *The Municipal Board of the city of Manila constitutes the
law making "body and as such it has the following legislative powers. The most important ones are:
1. To provide for the levy and collection of taxes for general and special purposes in accordance with law.
2. To fix the fees and charges for all services rendered "by the city or any of its "branches or officials.
3. To prescribe the time, places, and manner of payment of salaries and wages to city officials and employees.
4. To provide for the erection or rental and care of buildings necessary for the use of the city.
5. To provide for the establishment and maintenance of free public schools for primary instruction and to provide schoolhouses therefor,
6. To provide intermediate, secondary and professional schools; and with the approval of the Director of Education, to charge reasonable tuition fees for instruction therein.
7. To maintain police courts established by law, which shall have exclusive jurisdiction of all criminal cases under the ordinances of the city.
8. To provide for the enforcement of the regulations of the Philippine Health Service, and by ordinance to prescribe fines and penalties for violations of such regulations.
9. To enact and adopt all ordinances, regulations and motions necessary to carry into effect and discharge the powers and duties conferred by this chapter, and to provide whatever
—12 0—
nay "bo deemed necessary and proper for the sanitation andsafety the furtherance of prosperity, the promotion of themorality, peace, £*oo& order, comfort, convenicncy, andgeneral welfare of the city and its inhabitants; to fixpenalties for the violation of ordinances which shall notexceed two hundred pesos fine and six months imprisonmentfor a single offense; and to exercise such further powersand perform such farther duties as may "bo prescribed by 21law.
21. Ibid., See. 24d4
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THE PR07IKCIAL CHDVER1MEHT * * * * * *As has "been mentioned, the Philippine Archipelago is
divided into forty eight provinces, forty of which are knownto he designated as regular provinces and the rest arc special
82provinces. It should be understood that the regular provinces differ from tho special provinces in the sense that the executive officials in the regular provinces are elected by tho people, while in the special provinces the executive officials are appointed by the Governor-General with the advice and consent of the Senate, The special provinces arc situated in the Island of Mindan&w and in the Mountain provinces. In the majority of oases the provincial commander of the constabulary is designated lieutenant governor in the special provinces and ex-officio officer of the constabulary force.
To understand fully the structure of the provincial government, it is necessary to point out the personnel that compose the governmental machinery. They are the provincial governor, provincial treasurer, provincial secretary, provincial engineer, two members of the provincial board, provincial fiscal,the provincial assessor, provincial health officer and the , 23judge of the court of first instance. The provincial treasurer is appointed by the Governor-General together with the fiscal and the judge of the court of first instance. The provincial engineer is appointed by the Director of Public Works, the provincial health officer is appointed by the Director
23. Report of the Philippine Commission to Secretary of War.J. M, (1912)
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of the Bureau of Health, the provincial assessor is appointed ty the Chief of; the Executive Bureau upon nomination of the Provincial Board. The provincial secretary id appointed "by the governor of the province. The governor and the two members of the provincial board are elected by the people in the general election.
The provincial governor and the two other elective members of the board constitute the legislative branch of the provincial government, Unlike the mayor of Manila who exercises supervisory control over the city departments, the. provincial governor has no provincial department to supervise. As chief executive of the province, he has among other things, the following important duties and powers:
1. He shall preside at all meetings of the provincial board,
2. He shall see that all laws are faithfully executed by all officers in the province.
3. He shall make known to the people of the various municipalities, townships and settlement of the province by proclamations or communications delivered to the respective presidents, all general laws or governmental orders which especially concern them.
4. He shall at least once in every six months visit every municipality in the province, and while there, he shall hear all complaints made against the conduct of any municipal fioer and take suitable action thereon,
5. Whenever, in his opinion, the public interest so re-
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g.ulre he shall call upon the senior inspector or other officerin charge of the Philippine Constabulary in the province tosuppress disorder, riot, lawless violence or seditious con-
24spiracy or to apprehend violators of the law.We have already noted that the provincial hoard consti
tutes the legislative branch of the provincial government.As a lav; making body in the province it has the following
ipowers:1. To appropriate moneys from any of its funds, except
those the use of which is otherwise specifically fixed by law for other purposes having in view the general welfare of the province and its inhabitants.
2. To levy in its discretion upon the real estate of the province for provincial purposes an annual tax within the limitations prescribed by law.
3. To provide by construction, purchase, or renting, suitable offices for the provincial officers, and a court house containing rooms suitable for the holding of court and for its offices.
4. To order in its discretion, the construction, repair or maintenance of roads, bridges within its control, and approve or reject contracts for such construction and repair.
5. To provide a seal for the province.6. To adopt rules regulatifag the hours of employment of
the subordinates in the various provincial offices.
24. Laws of the Third Philippine Legislature, Senate Document, So. b&S, 64th Cong., 1st Soss., doc. 1228, vol.34(1917)
-124-
7, To appropriate in its discretion, moneys from any of its funds in excess of all just debts and liabilities falling duo within the fiscal year, except those funds the use of which is otherwise specifically fixed by law, for loans to municipalities or districts of the province under such conditions as to the use of the funds loaned and as to the repayment of the loans with interest at three pereentum per annum as may be fixed by the provincial board.
8* To enter by resolution, whenever in its judgment the public interest requires, the time for the payment of the land tax or cedula personal tax without penalty, for a period not exceeding six months.
9. The provincial board is authorized, for and in behalf of the province, subject to the approval of the chief of the executive bureau, to acquire real estate by the exercise of eminent domain for school, cemetery and park purposes, for provincial buildings, for opening and widening of streets....
10. The provincial board is authorized, whenever in its discretion the public good requires to call a convention or meeting of any or all of the municipal presidents of the province at such place and time as it may designate, and it
25shall be the duty of the presidents called to attend the same.
25. Ibid,. See. 2028
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THE PHOVinCIAL FISCAL * * * * * * *There are nor; fifty four fiscals and twenty one deputy fis
cals in the service of the Philippine Government. The provincial fiscal is appointed by the Governor-General through therecommendation of the Secretary of Justice with the advice
26and consent of the Senate. As he is the prosecuting attorney of the provincial government, he has the following duties and powers:
1* That he shall represent the province and municipalities in all cases brought in any court wherein the province or any of its political subdivisions, or any officer thereof, in his official capacity, is a party.
2. He shall when required draw ordinances, contracts, bonds and other Instruments involving any interest of the province or political subdivision thereof and inspect and pass upon any such instruments already drawn.
3. He shall give his opinion in writing when requested by the provincial board, or any provincial officer, upon any question relating to the province or the rights or duties of any provincial officer, and he shall act also as the legal adviser of each municipality,
4. He shall have charge of the prosecution of all crimes and misdemeanors, and all violations of municipal ordinances appealed to, or brought before the Court of First Instance.
26 Resort of the Governor-General of the P.I. House Document? Ho. 32b, 70th Cong, 1st Sees., p. 86, (1927)
—126 —
PROVIEClAL TREASURER * * * * * * *As the name implies the provincial treasurer ia the chief
financial officer in the province» He exercises the functionof collector of taxes throughout the province, and he collectsthe insular, provincial and municipal revenues as required bylaw. He is the custodian of the property and funds of theprovince and of such public funds as arc lawfully committedto his keeping. It is his imperative duty to present to theprovincial board on or before the fifteenth day of January ofeach year, a certain detailed statement of all receipts and
27expenditures pertaining to the proceeding fiscal year.
THE PR0VIECIA1 BUDGET * * * * * * *Upon receiptl. of the statement of receipts and expenditures
from the provincial treasurer, it is the duty of the provincial board to make a careful statement of the estimated revenues and receipts for the coming year. Upon the basis of such estimated income the board will, likewise make a detailed appropriation covering the estimated expenditures for the coming year, but in no case shall such appropriations be in excess of the estimated revenues and receipts. The statement of receipts and expenditures for the preceding year together with the estimates and appropriations by the provincial board for the current year is known as the annual provincial budget. But changes in the estimates and appropriations may be made by the provincial
27. laws of the Fourth Philippine Legislature, Senate Document, Ho. 124, 66th Gong., sess. Sec. 2085, vol.4, (1918)
-127-
board from time to time during the year by supplemental budgets* It should be noted that the budgetary system in the province
differs from the insular budgetary procedure * In the Jones law the Gpvemor-General is required to submit to the Philippine legislature within ten days of the opening of each regular session a budget of receipts and expenditures which shall be the basis of the annual appropriation bill. This is already prepared by the Secretary of Finance with the cooperation of the other Department Secretaries and the heads of bureaus, while in the provincial budgetary system, after the provincial treasurer has submitted statements of receipts and expenditures to the provincial board, it is the board’s duty carefully to estimate the revenues and receipts for the current year.
28
SUPERVISORY AUTHORITY OF THE PR0VIHCIA1 GOVERNOR OVER HUHICIPA1ITY* * * * * * * 4 :
The provincial governor shall receive and investigatecomplaints against municipal officers for neglect of duty,oppression, corruption or other form of maladministrationin office. It should be noted that the provincial governoris authorized to reprimand the offender for minor delinquency,but in case severe punishment seems desirable, he shall submitwritten charges touching the matter to the provincial board,in which case he may suspend the officer pending action by theboard, if in his opinion the charge be one affecting the offi-
29cial integrity of the office in question.
28. Ibid.. Sec. 2119.29. TEH., Sec. 2134.
—128 —
Provincial Board Authorized to Try MaaleiDal OfficersWhen written charges are preferred hy a provincial governor
against a municipal officer, it is the duty of the provincialhoard to furnish a copy of ouch charges to the accused officialwith a notification of the time and place of hearing thereon,and at the time and place appointed the hoard shall proceed tohear and Investigate the truth or’.falsity of such charges,giving the accused official full opportunity to he heard. Ifupon due consideration, the provincial hoard shall adjudgethat the charges are not sustained the proceedings shall hedismissed} if it shall adjudge that the accused has heenguilty of misconduct, which would he sufficiently punishedhy reprimand, it shall direct the provincial governor to deliver
30such reprimand in pursuance of its judgment.
If in the opinion of the hoard the case is one requiring more severe discipline, it shall forward to the Executive Secretary certified copies of the record in the case, including charges, evidence and the findings of the hoard to which shall he added the recommendation of the hoard as to whether the official ought to he suspended, or finally dismissed from office, and in such case the hoard may exercise its discretionto reinstate the official, if already suspended or to suspend
31him or continue his suspension pending final action.The Secretary upon receipt of such proceedings shall review
the ease and then make such order for the reinstatement, dismissal, suspension of the official as the facts shall warrant.
30. Laws of the Fourth Philippine Legislature, Senate Document,Ho. 124, 65th Cong., 1st Sess., See. £135, vol.4, (1918)31. Ihld.. Sec. 2136.
-129-
It should he noted that the disciplinary suspension madeupon order of the Executive Secretary shall be only withoutpay and in duration not to exceed two months; for the finaldismissal will only take effect when approved by the Governor-
32General. This is understood to refer to elective officers in the province, We can deduce from this case that the central authority is not deprived of its right of supervision over the local government, despite the fact that the people of the community are exercising self- government•
32, Ibid., Sec. 2137.
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THE MUHICIPAX GOYERBEEHTijs * •.*! * * * * *Ab the name indicate*, this "branch of government has charge
of the municipalities or towns. The chief executive of the municipality is called the municipal president. He is elected "by the people in the general election. The municipal council which is the legislative branch of the municipal government consists of from eight to eighteen councillors, depending on the size of the municipality. They are also elected by the people. There is the vice-president who substitutes for the president during his absence or disability and who is ex-officio
33member of the council. The municipality is divided into barrios.
Classification of Kunisipalities— Pumbcr of Councilors.Municipalities are divided into four classes, according
to the number of inhabitants. Municipalities of the first class are those which contain not less than twenty five thousand inhabitants, and these have eighteen councilors; of the second class, those containing eighteen thousand and less than twenty five thousand inhabitants, and have fourteen councilors; of the third class, those containing ten thousand and less than eighteen thousand inhabitants, and have ten councilors; of the fourth class, those containing less than ten thousand inhabi- tents, and only have eight councilors.
As we have said the chief executive of the municipality is called the municipal president. His important powers and duties are as follows:
1. He shall supervise the discharge of official duties
33. Laws of the Philippine Legislature, Senate Document, Ho.21,64th.Congress., 1st Scss,, p. 4l, vol. 2,(1916)
34. Laws of the Fourth Philippine Legislature. Senate Document,ho, l%4, both uong., za bCsS., Sec. auYU, vol. 4, (1918)
-131-
by all subordinates,B, lie shall lend his assistance and give support to the
provincial treasurer and hie deputies in the collection of taxes and shall cooperate with the health authorities in the enforcement of sanitary laws and regulations in force In the municipality.
3. He shall issue orders relating to the police or to public safety, and orders for the purpose of avoiding conflagrations, floods and the effects of stores or other public calamities.
4. He shall preside at the meetings of the municipal council and shall recommend to said body from time to time such measures connected with the public health, cleanliness, or ornament of the municipality or the improvement of its finances as he shall deem expidient.
5. He shall attend such conventions of municipal presidents35
as nay be lawfully called by the provincial board.Appointing Power of the President
Except as otherwise provided, appointments to all non- eloctlve positions in the municipal service shall be made by the municipal president, by and with the consent of a majority of all the members of the council. In order to avoid conflicts between the president end the council, the law requires that all nominations of the president shall be submitted to the council at its first meeting after his assumption of office $ and if a vacancy occurs in any such place during the term of
35. Laws of the Philippine legialaturot Senate Document, Ho,124 o5tin Cong., cd oess, , 'See. 11194, vol. 4,(1010)
-132-
office of the president, he shall submit a nomination therefor at the next regular meeting of the council, and if that nomination ia rejected, the president shall submit the name ofanother nominee for the place, at the next regular meeting
36of the council.
MUEIC1FAL COUUCIh * * * * * *The municipal council ia the law making body of the munici
pal govortitient , As such the council has certain legislative powers of mandatory character. The most important ones are:
1. To fix the salaries of municipal officers and employees except the treasurer and teachers in the public schools, andto provide for such expenditures as bo are necessary in the proper conduct of the lawful activities of the various branches of the municipal government.
2. To provide for the levy and collection of municipal taxes and for the collection of all fees and charges constituting ; lawful sources of municipal revenue or income.
3. To establish and maintain an efficient police department and an adequate municipal jail or prison.
4* To construct and keep in repair bridges and viaducts, and regulate the use of the same.
5. To declare and abate nuisances,6. To restrain riots, disturbances, and disorderly assembla
ges.7. To adopt such other measures, including internal quaran
tine regulations, as may from time to time be deemed desirable
36. Laws of the Fourth Philippine Legislature. Senate Document, lid. 1^4, 65th Vbtig.', 2d StiSS., bed.22uO, vol. 4, (1910)
-133-
37or necessary to prevent the Introduction and spread of disease.
Approval of Ordinances hy President-- Veto PowerExcept as otherwise provided, ordinances and resolutions
passed "by the municipal council shall he approved and signed hy the president. If he shall consider any such ordinance or resolution prejudicial to the public welfare he may veto it hy signifying to the council his disapproval thereof in writing; but the council may, by a two thirds vote of all its members, pass an ordinance or resolution over the veto of the president, in which case it shall be valid without his approval or signature. If the president shall not either approve or veto an ordinance or resolution within five days
its passage, it shall likewise be valid without his38approval or signature.
Time of Taking Effect of Ordinance- Every ordinance shallgo into effect on the tenth day after its passage, unless theordinance shall provide that it shall take effect at an earlieror later date. The ordinance on the day after ita passageshall to posted by the municipal secretary at the main entranceof the municipal building. He shall certify to the fact ofposting and shall spread his certificate upon the minutes ofthe council, but failure to post an ordinance shall not inva-
39lidate the same. Ordinances arc those legislative acts passed by the municipal council in the exercise of its law making Authority.
37. Lavra of the Fourth Philippine Legislature, Senate Document,So." 1^4, 65th dong., kd boss., "Sec. , vol.4, (1918)
38. Ibid,, Sec. 222939. I M d . . See. 2230
Quorum of C oimoil— Enforo iiyr Attendance of Absent Menders The majority of the council elected shall constitute a quo
rum Is lacking a majority of those in actual attendance may a&J ourn from time to time and may enforce the immediate attendance of any member absent without good cause by issuing to the municipal police an order for arrest and production at the sessionj or they may impose a fine upon him in such
40amount as shall have been previously prescribed by ordinance•It must be understood that no compensation is attached to the office of the vice-president or the office of councilor, such offices being honorary.
MUHICIPAX BUDGET * * * * * * * *Municipal Resources— The revenues of the munloIpalities
are derived from the following sources: Taxes on (1) fisheries,(2) credentials of ownership of live stock, (3) deeds, (4) rentsderived from public property, (5) taxes on billiard rooms,(6) on theaters and horse races (7) markets, (8) slaughterhouses, (9) Inclosures for animals, (10) lightning, (11) penal-
41ties levied in the municipality.On or before the fifteenth day of January of each year,
the municipal treasurer shall present to the council a certified and detailed statement of all municipal receipts and expenditures pertaining to the preceding year. Upon receiving this statement, the council shall make a careful estimate of the probable income of the municipality for the current year
40. Ibid,. See.222141. Meoort of the Phllipnine Commission to the President.
vol, 1, p. 49, (Jan.30,1900)
-135-
and upon this basis shall proceed to make, by way of appropriation, detailed allotments to tho respective municipal requirements for the current year. The appropriation thus made by the council shall constitute the budget, and immediately upon passage it shall be submitted to the provincial treasurer for approval, accompanied by the statement of receipts and expenditures for the preceding year and the estimate made by the council for the current year. Prior to submission to the provincial treasurer, the allotment for the school purposes shall receive the approval of the division superintendent of schools.
Upon approval by the provincial treasurer the budget shall become effective as a lawful appropriation, and the same shall be forthwith returned by him, with the accompanying documents, to the municipal treasurer, through the president.
Changes in the estimates and allotments of the budget, aswell as additions thereto, may in like manner be effected
42from time to time during the year by supplemental budgets.
It must be understood that in case the provincial treasurer disapproves any item or items of expenditure, he shall immediately submit to the council a statement in writing giving his reasons for suoh disapproval. In case the council is dissatisfied with the action of the provincial treasurer, appeal can be had to the provincial board. If the appeal is sustained as to one or more items, then the provincial treasurer shall approve the budget as to those items; but if it
42. Laws of the Fourth Philippine Legislature, Senate Document, Ho. 124, 55th Cong., 2d Seas.,' Seo.8'£$67 vol.4, (1918)
-136-
1s denied, the item or items In cue at ion shall stand dls- 43approved. Thus,in case of conflict between the nmnioipal
ocmneil and the provincial treasurer, the provincial board acts as the arbiter in the ease whose decision is final.
\
43, Laws of the Fourth Thllippino legislature. Senate Document, 1:0.124, 65th Cong., 2d Sees,, Sec. 2297, vol.4,(1918)
BIBUORArar***********List of Books:
1. Atkinson, Philippine Islands, (U.Y., 1915)S. Bryce, J, The American Commony/oalih, (H.Y., 1920).. ^3. Barrows, D, Governor-General of the Philippine Islands,(H .Y .*15)4. Beard, C.A. American Government and Politics, (N;Y., 1924)5. Bondy, W, Separation of Powers, (N.Y., 1896)6. Boo oho, G, Governor-General V/ood and the Law, (Manila, 1923)7. Cooley, T.M» Treaties on Constitutional Limitations, (Bost<m, *93) 8« Cooker, F,Y7. Readings in Political Philosophy, (II.Y., 1914)9. Dodd, W.F. The State Government, (K.Y., 1923)
10, Dealy, J.W. The Development of the State, (If.Y., 1909)11, Dt^Yi J.W. The State and Government, (IT.Y ., 1921)12, Gettell, R,G. History of Ameriowi Political Thoivrht,(II.Y., 1928)13, Gettell, R.G. Introdnotlon to Political Science, (E.Y., 1922)14, Hayden, American Academy of Political Science. (1917)15, Kalaur, M. The Case for the Filipinos, (H.Y,, 1916)16, Kalaw, M, The Present Government of the Philippinea.(Manila,*21) 3.7. Malcolm, G, Constitutional Law of the Philippines. (II.Y. ,192(1)18. Monro, W.B. Municipal Government and Administration, (II.Y.*25)19. Osias, C. Governor-General Wood and the Filipino Cause.
( Manila, 1923)20. Wood, 1. Special Message to the Philippine Legislature.
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List of Docunentg:1. Aeta of Copgrees, 29. 1916. (Senate Document, Ho«381,
64th Cons. 1st Sens. 1916)2, Acts of Congress and Treaties Pertaining to the Philimalno.
Islands.(Washington. 1919)3* Administrative Code of the Philinnine Islands. (1918)4. Congressional Direst.(vol.3. 1924)5. Congressional Digest.(vol.2. 1923)6. Congressional Record, vol. 49, 62d Cong. 3d Sees., (1913)7. Hearing Before Committee on Insular Affairsf 69th Cong.,Segs< ̂ (1927)8. Laro of the Phillnmine Legiolatviror Senate Doe. Ho.21 (1915)
.9. Lags of the Third Phllirmine Legislature, Senate ’nemnaantT Ho. 529, 64th Cong., 3d Sees., vol.34, 1917
10. Laws of the Third Biilipnino Legislature. Senate hotniment.Ho. 240, 64th Cong., 1st Soso., 1916
11. Laws of the Fourth Philirmino Legislature. Senate Document.Uo. 124, 64th Cong., 1st Soso.7 1918.
12. Report of Covemor-General of Thilin-nine Islands. House Doe.Ho,325, 70th Cong., 1st Seas. 1927.
13. Report of Governor-General of the Phili-nrlno Islands.House Document, Ho.99, 70th Cong., 1st Sees., 1926.
14. Report of the Special Mission to the Philippine Islandsto the Secretary of WarT House Boo. No.328, 67thCong.,
2d Seas., 192215. Report of the Governor-General tn the Secretary of War, (1923)16. Report of the Philippine Commission to Seeretar:/ of War. (191$b17. Report of the Philippine Commission to Secretary of War,
63d Cong., 3d Sees., 1907.18. Report of the Governor-General of the Philippine Islands. (1920)19. Statistical Bulletin of the Philippine Islands (1926)20. Special Reports on the Philippine Islands to the President.(1910)21. Statute at Large of the United States, vol. 31, chap.416.22. Statute at Large of the United States, vol, 32, chap. 1369.23. Senate Document. Ho. 527. 64th Conr.. let Sees.. (1916)
List of Cases!1. Clinton va. Englebreoht, 15 \7all. (U.S.,) 434, (1872)2« Dorr vs, United. States, 195 U.S., 108, (1904)0. Be lima y s . Bl&woll, 128 U.S., 540, (1900)4. Gannon et al t b . Frist, 79 Pa. St., 308, (1875)5. Haley vs. Clark, 26 Ala., 439, (1907)6. Marlmry vs. Madison, 1 Cranch 157, (1803)7. Tiaoo vs. Forbes, 228 U.S., 549, (1913)8. Dominick vs. Boudin, 44 Ga., 357, (1871)9. United States vs. Wilson, 7 Peters 150, (1830) list of Periodicals:
1. " Council of State," Philippine Free Press (1926)E. " Functions of the Council of State," Philippine Tribune (1927)3. Constitutional Development of Philippine Autonomy, (Manila, 1924)4. Handbook of General Information, ( Manila, 1923)5. Taft, " Civil Government of the Philippine Islands," Outlook.1902
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