Question & AnswerQ&A (Republic Act No. 9644)
Act No. 83 is known as the Provincial Government Act and was enacted on February 6, 1901.
Every provincial government established under this Act is a body corporate with the power to sue and be sued, hold property, make contracts for public works, and incur obligations authorized by law.
The mandatory provincial officers are a provincial governor, provincial secretary, provincial treasurer, provincial supervisor, and provincial fiscal.
They must be either a citizen of the United States, a native of the Philippine Islands, or a person with political rights under the Treaty of Paris, must not violate an oath of allegiance to the United States, must not be in arms against the United States or support those who are, and must reside at the province capital during incumbency.
The provincial governor is chosen every two years by secret ballot in a joint convention of the municipal councilors of the province, subject to confirmation by the Commission, with provisions for re-election or appointment if necessary.
The provincial secretary must be able to speak and write Spanish, and after January 1, 1906, English as well. The provincial fiscal must be a member of the Supreme Court bar and also able to speak and write Spanish and later English.
The provincial governor executes laws, supervises local officials, presides over the provincial board, manages public peace, oversees the provincial jail, appoints deputies and employees, and reports annually on provincial conditions to the Chief Executive of the Insular Government.
The provincial treasurer must give a bond to the Insular Government with surety in a penal sum equal to the greatest amount of public funds likely to be held at one time, subject to approval by the Commission and supervision by the Insular Treasurer.
The provincial board, composed of the governor, treasurer, and supervisor, fixes tax rates, authorizes public works, manages provincial funds and offices, directs legal actions, and approves salaries and appointments of provincial employees.
Contracts over five hundred dollars must be let to the lowest responsible bidder after at least ten days of public advertisement, with provisions for rejecting bids and authorizing direct purchase and supervision in some cases.
Such officers may be suspended by the military governor, removed by the Commission after investigation, and are subject to criminal prosecution under the Criminal Code.
The provincial board may levy taxes on real estate up to three-eighths of one percent, collected in the same manner as municipal taxes under the Municipal Code, with provisions for appeals and enforcement.
Vacancies are filled by appointment by the Commission within thirty days, with appointments to governor’s office vacancies limited to the remainder of the term after it becomes elective.
The Insular Treasurer or Auditor for the Islands has supervisory and audit authority. In case of defalcation, the Insular Treasurer seizes the office’s records and cash, notifies sureties, and legal and criminal actions are initiated to recover funds and prosecute offenders.