Title
Establishing Mountain Province and Goverce
Law
Acts No. 1876.
Decision Date
Aug 18, 1908
Act No. 1876 establishes the Mountain Province and its subprovinces, defining their boundaries and establishing officials, compensation, and governance, while also transferring funds and changing territorial boundaries, with the Act going into effect upon executive order.
A

Provincial officers and local lieutenants

  • Section 2(a) provides for a Governor of the Mountain Province, who resides and has office at Bontoc (the provincial capital).
  • Section 2(a) fixes the governor’s compensation at a rate not to exceed six thousand pesos per annum, with quarters.
  • Section 2(b) provides for a Lieutenant-Governor of the subprovince of Benguet, residing and officering at Baguio (subprovincial capital), with compensation not to exceed three thousand six hundred pesos per annum, with quarters.
  • Section 2(c) provides for a Lieutenant-Governor of the subprovince of Amburayan, residing and officering at Tagudin (subprovincial capital), with compensation not to exceed two thousand eight hundred pesos per annum.
  • Section 2(d) provides for a Lieutenant-Governor of the subprovince of Ifugao, residing and officering at Banaue (subprovincial capital), with compensation not to exceed three thousand two hundred pesos per annum, with quarters.
  • Section 2(e) provides for a Lieutenant-Governor of the subprovince of Lepanto, residing and officering at Cervantes (subprovincial capital), with compensation not to exceed three thousand pesos per annum, with quarters.
  • Section 2(f) provides for a Lieutenant-Governor of the subprovince of Bontoc, residing and officering at Bontoc (subprovincial capital), with compensation not to exceed three thousand two hundred pesos per annum, with quarters.
  • Section 2(g) provides for a Lieutenant-Governor of the subprovince of Kalinga, residing and officering at a place the Governor-General fixes by executive order (subprovincial capital), with compensation not to exceed three thousand two hundred pesos per annum, with quarters.
  • Section 2(h) provides for a Lieutenant-Governor of the subprovince of Apayao, residing and officering at Tauit (subprovincial capital), with compensation not to exceed three thousand two hundred pesos per annum, with quarters.
  • Section 2(i) provides for a Secretary-Treasurer of the province, residing and officering at the capital of the province, with compensation not to exceed five thousand pesos per annum, with quarters.
  • Section 2(j) provides for a Supervisor of the province, residing and officering at the capital of the province, with compensation not to exceed four thousand pesos per annum, with quarters.
  • Section 2(k) authorizes subordinate employees of the Mountain Province to be provided as the provincial board shall recommend and the Executive Secretary approve.

Organizational framework and lieutenant powers

  • Section 3 organizes the Mountain Province under the Special Provincial Government Act Numbered Thirteen hundred and ninety-six.
  • Section 3 applies the provisions of sections one to twenty-two, inclusive, of the Special Provincial Government Act as amended, to the Mountain Province.
  • Section 3 also applies the provisions of Act Numbered Thirteen hundred and ninety-seven, entitled “The Township Government Act”, as amended, to townships and settlements within the Mountain Province.
  • Section 3 grants the lieutenant-governors within their respective subprovinces the powers and duties prescribed for lieutenant-governors by subdivisions (e) and (f) paragraph three of section twenty-four of the Special Provincial Government Act.

Transfer of treasury balances to Mountain Province

  • Section 4 requires the transfer to the Mountain Province treasury of all unexpended balances in specified treasuries belonging to specified subprovince funds.
  • Section 4 covers unexpended balances in the treasury of the Province of Cagayan belonging to the subprovince of Apayao.
  • Section 4 covers unexpended balances in the treasury of the Province of La Union belonging to the non-Christian inhabitants fund in that treasury for the Province of Lepanto-Bontoc.
  • Section 4 covers unexpended balances in the treasury of the Province of Benguet (as stated) for the Mountain Province.
  • Section 4 covers ninety per centum of all non-Christian inhabitants funds in the treasury of the Province of Nueva Vizcaya.
  • Section 4 states that the transferred funds are expendable for the benefit of the Mountain Province.

Internal-revenue shares and population certification

  • Section 5 replaces the entitlement in section one of Act Numbered Eighteen hundred and fifty-three for the provinces of Benguet and Lepanto-Bontoc.
  • Section 5 entitles the Mountain Province to its pro rata share of a special fund of ten per centum of internal-revenue collections payable to the road and bridge fund of certain provinces.
  • Section 6 directs the Auditor to take into account the total approximate population of the Mountain Province and the Province of Nueva Vizcaya.
  • Section 6 requires population figures to be certified to the Auditor by the Secretary of the Interior and approved by the Philippine Commission.
  • Section 6 permits certification of inhabitants for the subprovince of Kalinga and the Province of Nueva Vizcaya to be corrected by the Secretary of the Interior with the approval of the Philippine Commission after an enumeration.
  • Section 6 provides that the distribution of internal-revenue shares for the Mountain Province and Nueva Vizcaya is made on the basis of the corrected certificate.

Boundary changes: Nueva Vizcaya territory

  • Section 7 adds to the present territory of the Province of Nueva Vizcaya the territory inhabited by the Ilongo or Ibilaos embraced in the former Spanish comandancia of Binatanagn.
  • Section 7 authorizes the Governor-General to more definitely fix or change the boundaries of the added territory by executive order at any time.

Additional compensation for constabulary officers

  • Section 8 permits additional compensation when a Constabulary officer is detailed to perform the duties of governor or lieutenant-governor in the Mountain Province in addition to regular duties.
  • Section 8 limits such additional compensation so that it does not exceed the salary allowed for the position to which the officer is detailed.
  • Section 8 requires approval by the Philippine Commission for such additional compensation.

Mountain Judicial District and court schedules

  • Section 9 amends section five of Act Numbered Eight hundred and sixty-seven, as amended.
  • Section 9 changes the composition of the Mountain Judicial District to include the Mountain Province and the Provinces of Nueva Vizcaya and La Union.
  • Section 10 amends the provisions in section seven of Act Numbered Eight hundred and sixty-seven, as amended, on times and places of holding regular terms of Courts of First Instance in the Mountain District.
  • Section 10 schedules court terms:
    • At Baguio, for the subprovince of Benguet of the Mountain Province, commencing on the first Tuesday of April and October of each year.
    • At San Fernando, for the Province of La Union, commencing on the first Tuesday of January and July of each year.
    • At Bayumbong, for the Province of Nueva Vizcaya, commencing on the first Tuesday of June and December of each year.
    • At Bontoc, for the subprovinces of Amburayan, Lepanto, Bontoc, Ifugao, Kalinga and Apayao of the Mountain Province, commencing on the first Tuesday of May and the second Tuesday of November of each year.
  • Section 10 provides for service of process in the Mountain District by the governor of the province where the court is held acting as an officer of the court, by a sheriff appointed and qualified as in other provinces, and by a deputy appointed by the governor as the governor may elect.
  • Section 10 resolves jurisdiction conflicts involving courts of first instance and justice of the peace courts due to boundary uncertainty by giving exclusive jurisdiction to the court first acquiring jurisdiction.
  • Section 10 provides that in cases of conflict of jurisdiction where the accused or defendant (or any accused or defendants) is a member of a non-Christian tribe, the Court of First Instance of the Mountain District or the justice of the peace courts of the Mountain District or of the Mountain Province, as the case may be, has exclusive jurisdiction.
  • Section 11 preserves pending cases by requiring that all criminal or civil cases and all judicial proceedings pending before the Courts of First Instance at the time section nine takes effect, and over which such courts would have had jurisdiction absent the extension of the Mountain District, continue to be disposed of under the jurisdiction of those courts despite anything to the contrary in the Act.

Prison for non-Christian insular prisoners

  • Section 12 establishes a prison at Bontoc that is a provincial and insular prison for detention and confinement.
  • Section 12 covers detention of provincial prisoners of the Mountain Province.
  • Section 12 covers detention of insular prisoners who are members of non-Christian tribes of the Mountain Province or the Province of Nueva Vizcaya.
  • Section 12 requires that maintenance of insular prisoners of the Mountain Province or Nueva Vizcaya detained or confined at Bontoc be paid from the appropriation for the Mountain Province or the Province of Nueva Vizcaya, as the case may be.
  • Section 12 requires return transportation of all such insular prisoners from detention to their homes upon discharge to be paid from the same appropriations, as applicable.

Repeal, effectivity, and expedited enactment

  • Section 13 repeals all Acts or parts of Acts inconsistent with the provisions of the Act.
  • Section 14 provides that the Act goes into effect, in whole or in part, at such time or times as may be fixed by executive order of the Governor-General.
  • Section 15 declares that the public good requires speedy enactment and orders passage to be expedited in accordance with section two of “An Act prescribing the order of procedure by the Commission in the enactment of laws” passed September twenty-sixth, nineteen hundred.
  • The Act is Enacted, August 18, 1908.
...continue reading

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.