Title
Fidelity-Bond Premium Fund Law, 1907
Law
Act No. 1739
Decision Date
Oct 3, 1907
Act No. 1739 establishes the "Fidelity-Bond Premium Fund" in the Philippines to provide assurance against losses and defalcations by officers or employees accountable for public funds and property, with the fund being used to replace losses, refund unearned premiums, and cover fees resulting from civil actions.
A

Abolishment and Consolidation of Previous Appropriations

  • The prior permanent appropriations titled "Fidelity-bond premiums" from Act No. 1416 are abolished.
  • All balances, moneys owed, and recovered funds previously related to fidelity bonds merge into the newly created fidelity-bond premium fund.

Premium Rates and Payment Responsibilities

  • The Governor-General sets the annual premium rates, subject to change.
  • Two-thirds of the premium for Insular officers/employees is charged to the fidelity-bond premium fund.
  • For provincial and Manila city officers/employees, two-thirds are paid by the province or city.

Exemptions from Premium Payment

  • The Philippine Commission may exempt any accountable officer or employee from paying their portion of the bond premium.
  • Existing exemptions continue unless the Commission decides otherwise.

Record-Keeping Responsibilities

  • The Insular Treasurer must maintain an accurate and detailed record of bonded positions.
  • Records are updated as facts or conditions change.

Effect of Appointment and Bonding Obligations

  • Appointment to a bonded position automatically renders the appointee a bonded officer/employee with liability starting upon assumption of duties.
  • Payment of premium shares by the individual and relevant government unit begins simultaneously.
  • Formal bond application is not required; acceptance and duty assumption imply consent.
  • Premiums are payable semi-annually in advance.
  • Refunds of unearned premiums are allowable upon retirement, substitution of successors, or appointment of acting officials.

Notification and Verification Procedures

  • Department chiefs or provincial treasurers must promptly notify the Insular Treasurer of appointments to bonded positions.
  • Notifications must include detailed information, such as position title, appointee's name, accountability, bond amount, and qualifications.
  • The Insular Treasurer records the appointment and may report unsafe risks to the Governor.

Special Provisions for Dual Roles

  • Officials acting as both municipal treasurer and deputy provincial treasurer must have notification sent by the provincial treasurer.
  • The bond amount is set by the Insular Auditor.
  • Premiums split equally between the province and municipality.
  • The provincial treasurer collects premiums and forwards them to the Insular Treasurer.

Temporary Assignments and Bond Premiums

  • Temporary designations to perform duties of heads or subordinate offices are bonded.
  • Premiums for these are paid from the appropriations or funds of the concerned unit.

Legal Status and Accountability of Bonded Persons

  • All persons listed as bonded are deemed bonded officers/employees.
  • They are accountable for faithful duty performance and proper handling of public funds/property.
  • Specific accountability provisions for provincial treasurers remain under existing laws.

Recognition under Other Laws and Constraints

  • Bonded officers/employees fall under relevant laws forbidding unauthorized departure from the Philippines without certificates.
  • They are subject to all liabilities and penalties applicable to bonded government officials.

Role of the Insular Auditor

  • The Auditor fixes bond amounts and determines losses/shortages to be covered.
  • Certifies amounts for payment from the fidelity-bond premium fund.
  • Powers under Accounting Act sections 43 and 44 are extended to this fund.

Investment of the Fidelity-Bond Premium Fund

  • The fund’s monies may be invested by the Insular Treasurer with Governor-General's approval.
  • Investment methods align with those authorized for the Postal Savings Bank funds.

Exclusion of Sheriffs and Amended Bond Requirements

  • The Act does not apply to provincial sheriffs or provincial governors acting as sheriffs.
  • Sheriff bonds require multiple sureties and approval by courts and officials.
  • Bonds secure faithful official duties and payments of monies.

Repeal of Prior Laws

  • Several prior laws related to bonding officers and employees and bond premiums are repealed.

Expedited Enactment and Effectivity

  • The Act was expedited for public good.
  • Effective December 31, 1907, upon approval by the Secretary of War.

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