QuestionsQuestions (Act No. 83)
A provincial government is established whenever the Philippine Commission enacts it, describing the territory and jurisdiction. Unless otherwise specially provided, its institution, organization, and maintenance follow the provisions of Act No. 83.
Each provincial government is a body corporate with power to: sue and be sued; have and use a corporate seal; hold real and personal property; make contracts for labor and material for duly authorized public works; and incur other obligations expressly authorized by law.
They must be a citizen of the United States, a native of the Philippine Islands, or a person who, not being subject/citizen of another power, may have acquired the political rights of a native under the Treaty of Paris; or who has taken the oath of allegiance to the United States but does not violate it; and they must not be in arms against the United States after April 1, 1901 or aid/comfort those in arms after that date.
No. Nonresidence does not render the person ineligible. However, during incumbency the officer must reside at the capital of the province.
On the first Monday of February 1902 and every second year thereafter, councilors of each duly organized municipality meet in joint convention at the provincial capital. They select a governor by secret ballot; a majority of those present and entitled to vote elects. The secretary forwards the certified action to the Commission, which confirms unless it finds unfair election, ineligibility, or reasonable grounds to suspect loyalty. If declined, a second election occurs; if still not confirmed, the Commission appoints the governor.
The term begins on the first Monday of March and continues for two years thereafter, until a successor is duly selected and qualified.
The provincial secretary, treasurer, supervisor, and fiscal are appointed by the Commission and hold office during its pleasure (with the fiscal being subject to other qualifications noted in the Act).
The provincial secretary must be able to speak and write Spanish, and after January 1, 1906 also English. The provincial fiscal must be a regularly admitted member of the bar of the Supreme Court of the Islands and able to speak/write Spanish, and after January 1, 1906 also English.
Before qualifying, the treasurer must give a bond to the Insular Government for the benefit of whom it may concern, with sufficient surety in a penal sum equal to the greatest amount of public funds likely in his custody at any one time. It secures faithful performance of duties, accounting for all public funds during incumbency, and continues securing obligations until statements of accounts are made, in case of death or removal.
He is chief executive officer of the province, reports to the Insular Government’s chief executive, ensures faithful execution of laws, provides protection/entertainment for the judge of First Instance (within limits), controls local constabulary/police subject to law, may suspend municipal officers for maladministration pending Commission action, hears complaints in municipalities and acts accordingly, presides over the provincial board, visits municipalities at least every six months, submits an annual provincial condition report to the Insular chief executive, and may request troops for serious disturbances.
Upon filing of charges or receipt of authentic information, the governor may suspend the officer and promptly forward grounds and evidence to the Commission (notice to the suspended official required). The Commission, after hearing/investigation, removes or reinstates the officer. Separately, the governor during visits hears complaints and can dismiss them, suspend and transmit charges, or direct the provincial fiscal to bring criminal or civil suits if civil/criminal liability is involved.
The provincial governor, provincial treasurer, and provincial supervisor constitute the provincial board. The governor is the presiding officer, while the provincial secretary is the board secretary who keeps minutes but is not a member.
Examples include: (1) fixing the rate of ad valorem provincial taxation on real estate (within limits); (2) providing provincial offices, courthouse, and provincial jail in the legal capital municipality; (3) ordering construction/repair/maintenance of roads/bridges/ferries within areas assigned to provincial control; (4) directing bringing/defense/compromise of provincial suits upon fiscal recommendation and First Instance judge approval; (5) ordering monthly salary payments and lawful indebtedness via warrants; and/or (6) levying an annual real estate tax for provincial purposes within the specified cap.
Contracts for construction/repair/maintenance of buildings, roads, bridges, or ferries are let by the provincial supervisor with approval of the provincial board, and no payment is made except upon the supervisor’s certificate that payment is due. Before letting, the supervisor must prepare plans/specifications and cost estimates for board consideration.
If the cost exceeds $500 (U.S. money), the work must be let to the lowest responsible bidder after at least ten days’ public notice by advertisement in a newspaper of general circulation in the province, or if none, posted at the main entrance of the supervisor’s office in the capital for ten days.
No such contract may be entered into until the provincial treasurer certifies that there is sufficient money in the provincial treasury to meet the estimated lawful construction cost; after filing the certification and entering the contract, that certified sum is treated as not subject to warrant except for obligations of the contract.
Provincial taxes are collected in the same manner and at the same time as municipal taxes under the Municipal Code, including enforcement, delinquent tax sale, redemption, penalties, and remedies for alleged unjust taxes. A taxpayer disputing legality of provincial taxes may appeal to the same board of tax appeals process provided for municipal taxes.
Upon discovery of defalcation, the examining officer not being the Insular Treasurer notifies him; the Insular Treasurer then seizes the office and all books/papers/vouchers/cash pending exact determination of liability. Sureties are notified. The provincial fiscal must immediately sue to recover amounts due upon the official bond (with the account stated by the Insular Treasurer as prima facie evidence). Criminal proceedings must also be instituted.