Title
Amendment on Deposit of Surplus Provincial Funds
Law
Act No. 721
Decision Date
Apr 4, 1903
An amendment to the Provincial Government Act requires provincial treasurers to deposit surplus funds with the Insular Treasurer, in order to expedite the enactment of the bill for the public good.

Legal basis and covered amendment

  • Section 1 amends Paragraph (h) of Section 13 of Act No. 83.
  • The amendment adds a new proviso addressing the deposit of surplus provincial funds with the Insular Treasurer.
  • The amended Section 13(h) retains the existing rule authorizing deposits of provincial funds in an approved bank for near-future public use needs.
  • The amendment creates an additional obligation tied to when the Insular Treasury is designated as the depository.

Purpose and policy of the Act

  • Act No. 721 provides for the deposit of surplus provincial funds by provincial treasurers.
  • The Act aims to regulate where surplus provincial funds must be deposited when a specified depository condition is met.
  • The Act preserves local benefit from interest generated on deposits made under the bank-deposit rule.

Scope: provinces and responsible officials

  • The new proviso applies to the provincial treasurer of any province organized under Act Numbered Eighty-three or any other Act of the Commission.
  • The obligation to deposit surplus provincial funds with the Insular Treasurer applies when the Insular Treasury is designated as the depository for the province’s funds by the Insular Treasurer.
  • The deposit-with-bank authority in the main paragraph continues to apply to provincial treasurers for amounts not needed in the near future for public use.

Bank deposits and interest rule

  • Section 13(h) authorizes the provincial treasurer “to deposit so much of the provincial funds as may not be needed in the near future for public use in a bank of deposit of approved standing in the Islands.”
  • Section 13(h) provides that all interest paid on such deposits inures to the benefit of the provincial treasury.
  • Section 13(h) prohibits the treasurer from depositing funds in the bank until the board minutes include a resolution that recites and approves the exact terms of the deposit contract with the bank.
  • The bank must certify weekly balances of provincial funds held by it to both the provincial governor and the Treasurer of the Islands.

Surplus funds deposit with Insular Treasurer

  • Section 13(h), as amended, requires the provincial treasurer to deposit surplus provincial funds with the Insular Treasurer when the Insular Treasury is designated as the depository for the province’s funds by the Insular Treasurer.
  • The amended proviso covers provinces organized under Act Numbered Eighty-three and also those organized under any other Act of the Commission.
  • The deposit-with-Insular-Treasurer obligation is triggered by designation by the Insular Treasurer of the Insular Treasury as the depository.

Expedited enactment procedure

  • Section 2 requires that the Act’s enactment be expedited because public good requiring speedy enactment exists.
  • Expedited passage follows Section 2 of “An Act prescribing the order of procedure by the Commission in the enactment of laws,” passed September 26, 1900.

Implementation and compliance timing

  • Section 3 establishes that the Act takes effect on its passage, making its amended deposit rules immediately effective for governed provinces from that time.

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