Title
Mindanao and Sulu Dept. Organic Act
Law
Act No. 2408
Decision Date
Jul 23, 1914
The Philippine Law, Act No. 2408 establishes a temporary form of government for the Department of Mindanao and Sulu, outlining the powers and duties of various government officials and establishing civil provincial governments in the region.

Definitions and Governmental Powers

  • "Governor," "Secretary," "Treasurer," "Attorney," and "Delegate" refer to Department officers.
  • "Non-Christians" include Mohammedans and Pagans.
  • Department government is a corporate entity with legal capacities such as suing, contracting, and holding property.

Appointment and Composition of Administrative Council

  • Governor-General appoints five key officers with regional oversight: governor, secretary, attorney, treasurer, delegate.
  • Administrative Council formed by these officers.
  • Council advises governor, appropriates funds (subject to approval), confirms appointments, adopts rules, and manages departmental seal.

Salaries and Compensation

  • Governor’s salary up to ₱12,000 (first civilian governor ₱18,000 with residence).
  • Other officers earn up to ₱8,000 annually.
  • Salaries paid from departmental revenues.

Powers and Duties of Department Governor

  • Supervise provincial and municipal governments and police.
  • Ensure law execution across department.
  • Control Constabulary use and direct resource deployment.
  • Approve or modify provincial boundaries and administrative subdivisions.
  • Manage lawsuits for the department.
  • Authorize public funds deposit, reward offers for criminal information.
  • Conduct investigations and administrative inquiries.
  • Authorize parole of convicts with prescribed conditions.
  • Establish harbor and public safety regulations.
  • Postpone elections, enlist US military assistance if necessary.

Duties of Department Secretary

  • Act as governor during vacancy or disability.
  • Inspect public affairs and report on non-Christian communities.
  • Custodian of records and department seal.
  • Secretary of Administrative Council.

Department Attorney and Assistant Attorney

  • Legal counselors for department and subdivisions.
  • Represent department in civil suits except conflicts of interest.
  • Prosecute criminal cases with power to assign assistant attorney.
  • Authorized to discontinue prosecutions with court consent.
  • Serve as register of deeds or appoint deputies.

Department Delegate

  • Qualified elector with term up to two years.
  • Attend Administrative Council sessions.
  • Performs ministerial duties assigned by council.
  • Compensation based on attendance.

Public Instruction and Health

  • Superintendent of schools under Director of Education’s general supervision.
  • Curriculum adapted to local conditions with English as instruction basis.
  • Chief health officer under supervision of Director of Health.
  • Provincial health officers enforce public health laws and inspect sanitary conditions.

Public Safety and Constabulary

  • District chief of Constabulary exercises authority in Department.
  • Constabulary supported by Insular Treasury funds.
  • Police organization coordinated with municipal revenues.

Public Works

  • Senior supervising engineer oversees roads, bridges, and public works.
  • Duties include demarcation of municipal and provincial maintenance responsibilities.
  • General public works laws apply with temporary Exception from Insular surcharge.

Establishment and Powers of Provincial Governments

  • Provinces include Agusan, Bukidnon, Cotabato, Davao, Lanao, Sulu, and Zamboanga with specific territories.
  • Provinces are corporate entities with property and contracting powers.

Provincial Officers and Governance

  • Officers include governor, secretary-treasurer, and third board member.
  • Oaths of office required; civil service rules apply.
  • Temporary appointments permitted during absences or suspensions.
  • Salaries fixed by Department Governor and approved by Governor-General.

Role of Provincial Fiscal, Health Officer, and Engineer

  • Fiscal serves as chief legal adviser, handles civil and criminal cases, gives legal opinions, and prosecutes violations.
  • Health officer supervises health conditions and prosecutes violations.
  • Engineer supervises construction and maintenance of provincial public works.

Provincial Executive Powers and Duties

  • Governor presides over provincial board, executes laws, manages suspensions, inspects municipalities.
  • Maintains public order and manages provincial jail.
  • Annual reporting to department governor.

Provincial Board Responsibilities

  • Approves appropriations, tax levies, and public building provisions.
  • Regulates roads, bridges, boundary matters, and lawsuits.
  • Provides for schools, student scholarships, loans to municipalities, and employee injury benefits.
  • Supervises provincial funds deposit and meetings.
  • May designate provincial toll ferries with toll collection and exemption rules.

Municipal Government Setup

  • Municipalities formed by provincial board resolution approved by department governor.
  • Municipalities maintain corporate entities with defined powers.
  • Divided into barrios with classifications from first to fourth class based predominantly on population.

Municipal Salaries and Officers

  • Salaries capped by municipal class for president, secretary, and treasurer.
  • Vice-president and councilors serve as honorary with possible travel reimbursements.
  • Municipal president appointed; vice-president and councilors elected.

Municipal Officers’ Powers and Qualifications

  • Officers must meet citizenship and other qualifications.
  • Certain classes such as ecclesiastics, active soldiers excluded from office.
  • Municipal president chief executive with wide administrative, judicial, and police-related powers.
  • Vice-president acts in president’s absence or vacancy.
  • Secretary manages council proceedings, records, and property.

Municipal Council

  • Composed of president, vice-president, and barrio councilors.
  • Holds regular meetings; open to the public.
  • Responsible for passing ordinances, managing appropriations, property, tax collections, licenses, and public works.
  • Handles appointments, vacancies, and appeals through defined procedures.

Municipal Powers and Ordinances

  • Provisions for taxing, licensing various businesses, regulating public safety, sanitary conditions, animal control, fire prevention, and police organization.
  • Penalties up to fines of ₱200 or six months imprisonment are authorized.
  • Ordinance and resolution enforcement subject to provincial board and department governor oversight.

Municipal Treasurer and Finance

  • Appointed by provincial treasurer; manages municipal funds, accounts, and collection.
  • Accountable to district auditor.
  • Manages municipal property and prepares financial reports.

Municipal Revenues

  • Derived from land taxes, fisheries, municipal properties, licenses, tuition fees, and other specified sources.
  • Strict prohibition on import or export taxes.
  • Formal procedures for tax collection and license payment.

Municipal Districts and Special Governments

  • Created in regions with predominantly non-Christian populations or remote settlements.
  • Department governor empowered to appoint officers and regulate taxation with provincial board supervision.

Elections and Terms of Office

  • Procedures for election of provincial and municipal officials detailed.
  • Terms align with general Philippine Electoral Law except where specified.

Prohibitions and Administrative Provisions

  • Officers/employees prohibited from interest in government contracts or businesses benefiting from government funds.
  • Violations punishable by removal, fines, or imprisonment.

Financial Administration

  • Insular Auditor authorized to prescribe rules for budgeting and accounting.
  • Customs revenue collected in department initially allocated for departmental use before merging with Insular Treasury.

Repeals and Effectivity

  • Acts or parts inconsistent with this law repealed except Civil Service Act.
  • Act effective as of September 1, 1914.

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