Law Summary

Section 1: Offense Defined

• Legal Principle/Provision: This section establishes that any bonded officer or employee of the Civil Government of the Philippine Islands who departs or attempts to depart from the Philippine Islands without obtaining a clearance from the Auditor is committing a misdemeanor.

• Key Definitions Introduced:

  • "Bonded officer or employee": A government official or employee who has secured a bond in relation to their duties.

• Important Requirements or Procedures Outlined:

  • A clearance must be secured from the Auditor prior to leaving the Philippine Islands, demonstrating satisfactory settlement and adjustment of accounts with the government.

• Penalties, Liabilities, or Consequences Mentioned:

  • Offenders may face imprisonment for a maximum of six months, a fine not exceeding one thousand pesos, or both, at the discretion of the court.

• Important Details:

  • Leaving without proper clearance is classified as "gross neglect of duty".

Section 2: Expediency Clause

• Legal Principle/Provision: This section indicates the urgency of the bill's enactment, allowing for expedited passage under specific procedural guidelines.

• Key Definitions Introduced:

  • "Public good": A rationale for the swift passage of legislation for the benefit of society.

• Important Requirements or Procedures Outlined:

  • The act was passed in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," dated September 26, 1900.

• Important Details:

  • The expedited passage emphasizes the necessity of the law for public interest.

Section 3: Effectivity

• Legal Principle/Provision: This section states that the Act shall take effect immediately upon passage.

• Important Details:

  • No specific time frame is provided for implementation; it becomes effective as soon as it is enacted.

Key Takeaways

• Act No. 1161 criminalizes the act of leaving the Philippines without a clearance from the Auditor for bonded government employees, categorizing it as a misdemeanor punishable by fines or imprisonment.
• The law underscores the importance of proper account settlement with the government prior to departure.
• The Act was expedited due to public interest, reflecting the urgency of maintaining accountability among government officers and employees.
• The Act takes effect immediately upon its passage, reinforcing the need for compliance from the relevant government personnel.