Title
1936 Philippine Census Act
Law
Commonwealth Act No. 170
Decision Date
Nov 12, 1936
Commonwealth Act No. 170 establishes procedures for conducting a population census in the Philippines, giving responsibility to the President for supervision and control, and emphasizing the confidentiality of the information collected.

Law Summary

Scope and Definition of Persons to be Enumerated

  • All persons present in the Philippines the night before Census Day, including deceased or departed persons, are counted.
  • Persons on ships within Philippine jurisdiction or engaged in coastwise trade are included.
  • U.S. armed forces personnel are separately recorded and excluded from Philippine population counts unless Filipino citizens.
  • Enumeration of U.S. armed forces requires military consent.

Census Commissioner and Assistant Commissioner

  • A Commissioner and an Assistant Commissioner appointed by the President with consent from the Commission on Appointments.
  • Compensation capped at specific amounts annually.
  • They are responsible for direct execution of census provisions under presidential control.

Appointment of Census Personnel

  • Supervisors, enumerators, and other personnel appointed by the President at fixed salaries.
  • Government officers designated to Census duties may be temporarily released from other duties.

Mandatory Designation of Government Employees

  • National and local government employees designated for Census work must accept and perform duties.
  • Their regular salaries continue but no additional compensation except authorized per diems and travel expenses.

Restrictions on Personnel Transfer

  • Transfers of personnel assigned to Census must not occur until completion of their census work or require 15 days prior notice to the Commissioner.

Duration of Census Service

  • Census duties begin on dates fixed by the President and continue until relief is granted.
  • Further service may be required post-relief if necessary.

Oath of Census Officers and Employees

  • All appointed or designated Census personnel must take an oath to perform duties accurately.
  • Oaths administered by superior Census officers or authorized public officials without fee.

Duties of Supervisors

  • Perform duties assigned by the Census Commissioner.
  • Follow Commissioner’s orders and instructions strictly.

Duties of Enumerators

  • Collect prescribed facts and statistics, possibly including fingerprints.
  • Personally visit all dwellings and individuals to obtain information.
  • Prepare and forward returns within 30 days; extensions up to 15 days may be authorized.

Presidential Authority and Territorial Subdivision

  • President authorized to perform all acts necessary for the census.
  • President may delegate authority to the Census Commissioner.
  • Power to subdivide territory for census convenience.

Publication of Census Data

  • Partial or complete census data may be published by Presidential order.
  • Data presented by administrative subdivisions such as provinces and municipalities.

Census Advisory Boards

  • Established in each province, composed of provincial board members and appointees, not exceeding five members.
  • Duty to assist and advise census officers and promote cooperation.
  • Not mandatory in City of Manila and non-Christian provinces.

Enumeration by Owners or Persons in Charge

  • President may require owners or managers of certain areas or establishments to conduct enumeration.
  • Such persons take an oath, have enumerator powers, and are subject to penalties for nonperformance.
  • Government-owned or U.S. establishments require prior approval for this practice.
  • Census officers may review, revise, or re-enumerate as necessary.

Special Areas and Establishments Enumerated by Responsible Persons

  • Includes private dwellings of literate persons, military reservations, hospitals, prisons, schools, hotels, ships, farms, and others.
  • Persons responsible may delegate duties but remain accountable.

Collection of Additional Social and Economic Data

  • President may require collection of further statistics beyond population, covering businesses, organizations, and properties.
  • Responsible persons must complete and submit census forms as prescribed.

Confidentiality and Use of Census Information

  • Information from corporations or other entities is confidential.
  • Not to be used as evidence in court or for tax assessments.
  • Only authorized census officers may access such information.
  • Census reports must not disclose identity without written consent.

Correction and Re-enumeration of Incomplete Data

  • President can command corrections or re-taking of census if data is incomplete or inaccurate.

Duty to Assist Census Officers

  • All residents required to assist census officers in enforcement of the Act.

Leasing and Expenditure Authority

  • Census Commissioner authorized to rent, furnish, and pay expenses for necessary Census offices.

Confidentiality of Census Forms and Records

  • Census information disclosed only to census officials.
  • Publications to be in aggregate form without identifying individuals.
  • Census forms destroyed after administrative use.
  • Census records generally inadmissible as evidence except for prosecutions under the Act.

Penalties for Refusal or Neglect (Light Offenses)

  • Fines up to 100 pesos or imprisonment up to 30 days, or both, for refusal to supply information, remove census marks, failure to notify non-enumeration or double enumeration, or refusal to comply with census provisions.

Penalties for More Serious Offenses

  • Fines up to 600 pesos or imprisonment up to 6 months, or both, for:
    • Failure of responsible persons to properly complete census forms.
    • Refusal to give access or obstructing census officials.
    • Misrepresentation or inducing false statements.
    • Misuse of transportation or services for census purposes.

Penalties for Fraud, Impersonation, and Corruption

  • Fines up to 2000 pesos or imprisonment up to 2 years, or both, for:
    • Impersonating census officers.
    • Offering rewards to alter census records.
    • Fraudulent acts to secure Census employment.

Penalties for Census Employees’ Misconduct

  • Fines up to 600 pesos or imprisonment up to 6 months for:
    • Refusal to perform duties or neglect.
    • Unauthorized disclosure of census data.
    • Soliciting or receiving bribes.
    • Asking unauthorized or improper questions.
    • Unauthorized entry into private areas.

Disciplinary Action for Government Employees Refusing Census Duty

  • Refusal by any government official or employee to accept census duty results in disciplinary measures.

Penalties for Incomplete Enumeration by Responsible Persons

  • Additional fines for enumerations requiring re-doing, calculated per person enumerated anew.

Jurisdiction of Courts

  • Courts of First Instance have concurrent jurisdiction over offenses punishable under this Act, expanding beyond justices of the peace.

Census Funding and Budget

  • Funds appropriated by law; President authorized to allot.
  • Census Commissioner to prepare and submit budget for approval.
  • Funds may be expended for preliminary census testing efforts.

Administrative Fines and Compensation Adjustments

  • President may impose fines on census personnel for inefficiency or improper performance, with fines deducted from compensation.

Handling of Census Property Post-Enumeration

  • After publication, census properties and records (excluding official copies) are transferred for updating statistical data.

Regulations on Per Diems and Expenses

  • Governed by existing laws with presidential authority to regulate and limit per diems.
  • Officers detailed from other government offices may have per diems paid from Census funds.

Prohibition on Surcharges for Government Services

  • Government units may only charge actual cost for services or supplies rendered for Census.

Effectivity

  • The Act takes effect upon approval.

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