Question & AnswerQ&A (Act No. 2408)
The short title of Act No. 2408 is "The Organic Act for the Department of Mindanao and Sulu."
The Department of Mindanao and Sulu consists of the entire island of Mindanao excluding the Provinces of Misamis and Surigao, along with the Sulu Archipelago including the Jolo Group, the Tawi Tawi Group, all islands south of the eighth parallel of north latitude excluding Palawan and Balabac but including Cagayan Sulu.
It has the power to sue and be sued, use a corporate seal, hold and convey real and personal property, make contracts for labor and materials for authorized public works, and incur obligations authorized by law.
The Governor-General, with the consent of the Philippine Commission, appoints these officers.
The administrative council consists of the governor, secretary, attorney, treasurer, and department delegate. It serves as an advisory board to the governor with powers including appropriations approval, adopting labor rules, providing a department seal, confirming appointments, suspending or removing officers for cause, and other duties imposed by law.
The department governor receives an annual salary of twelve thousand pesos (first civilian governor receives eighteen thousand pesos plus residence), and the secretary, attorney, and treasurer each receive up to eight thousand pesos annually, fixed by the Governor-General and approved by the Philippine Commission.
The governor has supervision over all offices and subdivisions in the department, ensures execution of laws, controls provincial and municipal police and the Constabulary, inspects provinces, appoints officers, suspends or removes officers for cause, oversees appropriations, directs lawsuits, controls public funds, adjusts administrative boundaries, offers rewards for capture of criminals, conducts investigations, authorizes prisoner paroles, manages condemnation proceedings, regulates harbors, issues rules for general welfare, postpones elections, and can request U.S. troop assistance when needed.
They serve as legal advisers and represent the department and its subdivisions in suits, provide written legal opinions, prosecute crimes, and assist in litigation with oversight from the Attorney-General of the Insular Government.
The provincial governor acts as chief executive officer, presides over the provincial board, ensures execution of laws, can suspend municipal officers for cause, inspects municipalities, calls on the Constabulary to suppress disorder, oversees custody of prisoners, appoints employees, reports annually to the department governor, promulgates laws and orders, and performs other duties under existing legislation.
It is composed of the provincial governor, provincial secretary-treasurer, and a third elected member. It appropriates funds, levies provincial taxes, provides offices and courthouses, manages construction and maintenance of provincial infrastructure, settles boundary disputes, authorizes suits, orders salary payments, regulates cart and sledge tax, authorizes deposits, holds meetings, adopts agricultural pest control regulations, regulates labor hours, provides a provincial seal, supports school buildings, authorizes municipal loans, provides compensation for injured employees, and manages provincial pounds.
They must be U.S. citizens or natives of the Philippine Islands with political rights acquired under the Treaty of Paris, or naturalized citizens. Violating the oath of allegiance or nonresidence does not bar appointment.
Municipal councils may appropriate funds, manage municipal properties, levy taxes and licenses, regulate business activities, provide public buildings, maintain schools, regulate building and fire codes, manage public safety and police, regulate utilities, maintain public health, abate nuisances, regulate cockfighting, enforce municipal ordinances with penalties, and carry out measures to promote general welfare and public order.
Penalties may include fines not exceeding two hundred pesos, imprisonment for up to six months, or both. Imprisonment may be substituted for unpaid fines at a rate of one day per peso unpaid.
Suspended officers or employees must be charged in writing within 10 days, notified, and given a public hearing before the provincial board or municipal council within 15 days, with the right to defense and appeal. Decisions must be rendered within 30 days. Removal decisions by provincial boards may be appealed to higher authorities, including the department governor or Governor-General when applicable.