Title
Amendment to sinking fund loan provisions
Law
Act No. 2356
Decision Date
Feb 28, 1914
Act No. 2356 amends the provisions for a sinking fund to extend the loan period for provinces and municipalities, allowing additional purposes for loans related to public works and cadastral surveys.

Legal basis and predecessor law

  • Act No. 2356 amends Act No. 1729, which appropriated funds for a sinking fund and related investments.
  • The amended sinking fund is for the payment of bonds issued under Act No. 1301 and Act No. 1444.
  • The amended loan authorization includes payment for cadastral surveys under Act No. 2209, as amended.
  • The investment and loan framework also references existing authorization for investments allowed for the Postal Savings Bank.

Appropriation for sinking fund payments

  • Section 1 appropriates PHP 404,204.13 out of any funds in the Insular Treasury not otherwise appropriated as a sinking fund for the payment of bonds issued under Act No. 1301 and Act No. 1444.
  • Section 1 appropriates an additional amount for the sinking fund: PHP 20,406.92 for each PHP 1,000,000 of bonds issued under Act No. 1301 and Act No. 1444.
  • Section 1 makes this additional appropriation a continuing annual appropriation effective on each anniversary of the date of issue.
  • Section 1 states the continuing annual appropriations run until the fund hereby created shall be sufficient to pay all of said bonds.

Investment and availability of fund earnings

  • Section 1 provides that the appropriated sums and interest thereon are available for investment by the Treasurer.
  • Section 1 requires the approval of the Governor-General for the Treasurer’s investment actions.
  • Section 1 authorizes deposits at interest with qualified depositaries using Government moneys.

Loans to provinces and municipalities

  • Section 1 authorizes the Treasurer, with the Governor-General’s approval, to make loans from the fund to provincial and municipal governments.
  • Section 1 imposes a loan-term limit: loans may be made for periods not exceeding ten years in any instance.
  • Section 1 limits loan purposes to construction of public works of a permanent character.
  • Section 1 also allows loans for the payment of the provincial and municipal share of the cost of cadastral surveys made under Act No. 2209, as amended.

Cadastral survey cost participation rules

  • Section 1 authorizes loans for cadastral surveys for the provincial and municipal share of the cost where cadastral surveys are made in accordance with Act No. 2209, as amended.
  • Section 1 allows loans for such proportion of the cost as may be assumed by a province under section eighteen of Act No. 2209, as amended.
  • Section 1 treats these assumed proportions as within the permissible cadastral-survey loan purpose.

Additional permissible investments

  • Section 1 authorizes investment of loan proceeds and fund-related securities in ways that are authorized for the Postal Savings Bank by existing laws.
  • Section 1 ties these investments to the same overall availability and investment process for the sinking fund and its interest.

Interest-rate setting and redemption limitation

  • Section 1 provides that the rates of interest on all loans made under authority of the section are fixed by the Governor-General.
  • Section 1 prohibits borrowing terms that extend past the sinking fund’s redemption horizon: no loans shall be made for any period that extends beyond the period for the redemption of the bonds for which the sinking fund is created.

Transitory and procedural effect

  • Section 2 states that Act No. 2356 takes effect immediately upon passage.

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