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.
A

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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