WHEREAS
it was never the intention of the people of the United States in the
incipiency
of the war with Spain to make it a war of conquest or for territorial
aggrandizement;
and
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WHEREAS
it is, as it has always been, the purpose of the people of the United
States
to withdraw their sovereignty over the Philippine Islands and to
recognize
their independence as soon as a stable government can be established
therein;
and
WHEREAS
for the speedy accomplishment of such purpose it is desirable to place
in the hands of the people of the Philippines as large a control of
their
domestic affairs as can be given them without, in the meantime,
impairing
the exercise of the rights of sovereignty by the people of the United
States,
in order that, by the use and exercise of popular franchise and
governmental
powers, they may be the better prepared to fully assume the
responsibilities
and enjoy all the privileges of complete independence: Therefore
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Be
it enacted by the Senate and House of Representatives of the United
States
of America in Congress assembled, That the provisions of this Act and
the
name "The Philippines" as used in this Act shall apply to and include
the
Philippine Islands ceded to the United States Government by the treaty
of peace concluded between the United States and Spain on the eleventh
day of April, eighteen hundred and ninety-nine, the boundaries of which
are set forth in Article III of said treaty, together with those
islands
embraced in the treaty between Spain and the United States concluded at
Washington on the seventh day of November, nineteen hundred.
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Section
2. That all inhabitants
of the Philippine Islands who were Spanish subjects on the eleventh day
of April, eighteen hundred and ninety-nine, and then resided in said
Islands,
and their children born subsequent thereto, shall be deemed and held to
be citizens of the Philippine Islands, except such as shall have
elected
to preserve their allegiance to the Crown of Spain in accordance with
the
provisions of the treaty of peace between the United States and Spain,
signed at Paris December tenth, eighteen hundred and ninety-eight, and
except such others as have since become citizens of some other country:
Provided, That the Philippine Legislature, herein provided for, is
hereby
authorized to provide by law for the acquisition of Philippine
citizenship
by those natives of the Philippine Islands who cannot come within the
foregoing
provisions, the natives of the insular possessions of the United
States,
and such other persons residing in the Philippine Islands who are
citizens
of the United States, or who could become citizens of the United States
under the laws of the United States if residing therein.cralaw
Sec.
3. That no law shall be
enacted in said Islands which shall deprive any person of life,
liberty,
or property without due process of law, or deny to any person therein
the
equal protection of the laws. Private property shall not be taken for
public
use without just compensation.
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That
in all criminal prosecutions the accused shall enjoy the right to be
heard
by himself and counsel, to demand the nature and cause of the
accusation
against him, to have a speedy and public trial, to meet the witnesses
face
to face, and to have compulsory process to compel the attendance of
witnesses
in his behalf.cralaw
That
no person shall be held to answer for a criminal offense without due
process
of law; and no person for the same offense shall be twice put in
jeopardy
of punishment nor shall be compelled in any criminal case to be a
witness
against himself.cralaw
That
all persons shall before conviction be bailable by sufficient sureties,
except for capital offenses.cralaw
That
no law impairing the obligation of contracts shall be enacted.
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That
no person shall be imprisoned for debt.
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That
the privilege of the writ of habeas corpus shall not be suspended,
unless
when in cases of rebellion, insurrection, or invasion the public safety
may require it, in either of which events the same may be suspended by
the President, or by the Governor-General, wherever during such period
the necessity for such suspension shall exist.cralaw
That
no ex post facto law or bill of attainder shall be enacted nor shall
the
law of primogeniture ever be in force in the Philippines.cralaw
That
no law granting a title of nobility shall be enacted, and no person
holding
any office of profit or trust in said Islands shall, without the
consent
of the Congress of the United States, accept any present, emolument,
office,
or title of any kind whatever from any king, queen, prince, or foreign
State.cralaw
That
excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishment inflicted.cralaw
That
the right to be secured against unreasonable searches and seizures
shall
not be violated.cralaw
That
slavery shall not exist in said islands; nor shall involuntary
servitude
exist therein except as a punishment for crime whereof a party shall
have
been duly convicted.
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That
no law shall be passed abridging the freedom of speech or of the press,
or the right of the people peaceably to assemble and petition the
Government
for redress of grievances.
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That
no law shall be made respecting an establishment of religion or
prohibiting
the free exercise thereof, and that the free exercise and enjoyment of
religious profession and worship, without discrimination or preference,
shall forever be allowed; and no religious test shall be required for
the
exercise of civil or political rights. No public money or property
shall
ever be appropriated, applied, donated, or used, directly or
indirectly,
for the use, benefit, or support of any sect, church, denomination,
sectarian
institution, or system of religion, or for the use, benefit, or support
of any priest, preacher, minister, or other religious teacher or
dignitary
as such. Contracting of polygamous or plural marriages hereafter is
prohibited.
That no law shall be construed to permit polygamous or plural marriages.cralaw
That
no money shall be paid out of the treasury except in pursuance of an
appropriation
by law.cralaw
That
the rule of taxation in said Islands shall be uniform.
That
no bill which may be enacted into law shall embrace more than one
subject,
and that subject shall be expressed in the title of the bill.cralaw
That
no warrant shall issue but upon probable cause, supported by oath or
affirmation,
and particularly describing the place to be searched and the person or
things to be seized.
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That
all money collected on any tax levied or assessed for a special purpose
shall be treated as a special fund in the treasury and paid out for
such
purpose only.
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Sec.
4. That all expenses that
may be incurred on account of the Government of the Philippines for
salaries
of officials and the conduct of their offices and departments, and all
expenses and obligations contracted for the internal improvement or
development
of the Islands, not, however, including defenses, barracks, and other
works
undertaken by the United States, shall, except as otherwise
specifically
provided by the Congress, be paid by the Government of the Philippines.cralaw
Sec.
5. That the statutory laws
of the United States hereafter enacted shall not apply to the
Philippine
Islands, except when they specifically so provide, or it is so provided
in this Act.
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Sec.
6. That the laws now in
force in the Philippines shall continue in force and effect, except as
altered, amended, or modified herein, until altered, amended, or
repealed
by the legislative authority herein provided or by Act of Congress of
the
United States.
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Sec.
7. That the legislative
authority herein provided shall have power, when not inconsistent with
this Act, by due enactment to amend, alter, modify, or repeal any law,
civil or criminal, continued in force by this Act as it may from time
to
time see fit.cralaw
This
power shall specifically extend with the limitation herein provided as
to the tariff to all laws relating to revenue and taxation in effect in
the Philippines.cralaw
Sec.
8. That general legislative
power, except as otherwise herein provided, is hereby granted to the
Philippine
Legislature, authorized by this Act.cralaw
Sec.
9. That all the property
and rights which may have been acquired in the Philippine Islands by
the
United States under the treaty of peace with Spain, signed December
tenth,
eighteen hundred and ninety-eight, except such land or other property
as
has been or shall be designated by the President of the United States
for
military and other reservations of the Government of the United States,
and all lands which may have been subsequently acquired by the
government
of the Philippine Islands by purchase under the provisions of sections
sixty-three and sixty-four of the Act of Congress approved July first,
nineteen hundred and two, except such as may have heretofore been sold
and disposed of in accordance with the provisions of said Act of
Congress,
are hereby placed under the control of the government of said islands
to
be administered or disposed of for the benefit of the inhabitants
thereof,
and the Philippine Legislature shall have power to legislate with
respect
to all such matters as it may deem advisable; but Acts of the
Philippine
Legislature with reference to land of the public domain, timber, and
mining,
thereafter enacted, shall not have the force of law until approved by
the
President of the United States: Provided, That upon the approval of
such
an act by the Governor-General, it shall be by him forthwith
transmitted
to the President of the United States, and he shall approve or
disapprove
the same within six months from and after its enactment and submission
for his approval, and if not disapproved within such time it shall
become
a law the same as if it had been specifically approved: Provided,
further,
That where lands in the Philippine Islands have been or may be reserved
for any public purpose of the United States, and, being no longer
required
for the purpose for which reserved, have been or may be, by order of
the
President, placed under the control of the Government of said Islands
to
be administered for the benefit of the inhabitants thereof, the order
of
the President shall be regarded as effectual to give the Government of
said Islands full control and power to administer and dispose of such
lands
for the benefit of the inhabitants of said Islands.
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Sec.
10. That while this Act
provides that the Philippine Government shall have the authority to
enact
a tariff law the trade relations between the Islands and the United
States
shall continue to be governed exclusively by laws of the Congress of
the
United States: Provided, That tariff acts or acts amendatory to the
tariff
of the Philippine Islands shall not become law until they shall receive
the approval of the President of the United States, nor shall any act
of
the Philippine Legislature affecting immigration or the currency or
coinage
laws of the Philippines become a law until it has been approved by the
President of the United States: Provided, further, That the President
shall
approve or disapprove any act mentioned in the foregoing proviso within
six months from and after its enactment and submission for his
approval,
and if not disapproved within such time it shall become a law the same
as if it had been specifically approved.
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Sec.
11. That no export duties
shall be levied or collected on exports from the Philippine Islands,
but
taxes and assessments on property and license fees for franchises, and
privileges, and internal taxes, direct or indirect, may be imposed for
the purposes of the Philippine Government and the provincial and
municipal
governments thereof, respectively, as may be provided and defined by
acts
of the Philippine Legislature, and, where necessary to anticipate taxes
and revenues, bonds and other obligations may be issued by the
Philippine
Government or any provincial or municipal government therein, as may be
provided by law and to protect the public credit: Provided, however,
That
the entire indebtedness of the Philippine Government created by the
authority
conferred therein shall not exceed at any one time the sum of
$15,000,000,
exclusive of those obligations known as friar land bonds, nor that of
any
province or municipality a sum in excess of seven per centum of the
aggregate
tax valuation of its property at any one time.
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Sec.
12. That general legislative
powers in the Philippines, except as herein otherwise provided, shall
be
vested in a legislature which shall consist of two Houses, one the
Senate
and the other the House of Representatives, and the two Houses shall be
designated "The Philippine Legislature": Provided, That until the
Philippine
Legislature as herein provided shall have been organized the existing
Philippine
Legislature shall have all legislative authority herein granted to the
Government of the Philippine Islands, except such as may now be within
the exclusive jurisdiction of the Philippine Commission, which is so
continued
until the organization of the legislature herein provided for the
Philippines.
When the Philippine Legislature shall have been organized, the
exclusive
legislative jurisdiction and authority exercised by the Philippine
Commission
shall thereafter be exercised by the Philippine Legislature.
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Sec.
13. That the members of
the Senate of the Philippines, except as herein provided, shall be
elected
for terms of six and three years, as hereinafter provided, by the
qualified
electors of the Philippines. Each of the Senatorial Districts defined
as
hereinafter provided shall have the right to elect two Senators. No
person
shall be an elective member of the Senate of the Philippines who is not
a qualified elector and over thirty years of age, and who is not able
to
read and write either the Spanish or English language, and who has not
been a resident of the Philippines for at least two consecutive years
and
an actual resident of the Senatorial District from which chosen for a
period
of at least one year immediately prior to his election.cralaw
Sec.
14. That the members of
the House of Representatives shall, except as herein provided, be
elected
triennially by the qualified electors of the Philippines. Each of the
Representative
Districts hereinafter provided for shall have the right to elect one
Representative.
No person shall be an elective member of the House of Representatives
who
is not a qualified elector and over twenty-five years of age, and who
is
not able to read and write either the Spanish or English language, and
who has not been an actual resident of the district from which elected
for at least one year immediately prior to his election: Provided, That
the members of the present Assembly elected on the first Tuesday in
June,
nineteen hundred and sixteen, shall be the members of the House of
Representatives
from their respective districts for the term expiring in nineteen
hundred
and nineteen.cralaw
Sec.
15. That at the first election
held pursuant to this Act, the qualified electors shall be those having
the qualifications of voters under the present law; thereafter and
until
otherwise provided by the Philippine Legislature herein provided for
the
qualifications of voters for Senators and Representatives in the
Philippines
and all officers elected by the people shall be as follows:
Every
male person who is not a citizen or subject of any foreign power
twenty-one
years of age or over (except insane and feeble-minded persons and those
convicted in a court of competent jurisdiction of an infamous offense
since
the thirteenth day of August, eighteen hundred and ninety-eight, who
shall
have been a resident of the Philippines for one year and of the
municipality
in which he shall offer to vote or six months next preceding the day of
voting, and who is comprise within one of the following classes:
(a) Those
who under existing law are legal voters and have exercised the right of
suffrage.
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(b) Those
who own real property to the value of 500 pesos or who annually pay 30
pesos or more of the established taxes.cralaw
(c) Those
who are able to read and write either Spanish, English, or a native
language.
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Sec.
16. That the Philippine
Islands shall be divided into twelve Senate Districts, as follows:
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First
district: Batanes, Cagayan, Isabela, Ilocos Norte, and Ilocos Sur.
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Second
district: La Union, Pangasinan, and Zambales.
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Third
district: Tarlac, Nueva Ecija, Pampanga, and Bulacan.
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Fourth
district: Bataan, Rizal, Manila, and Laguna.
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Fifth
district: Batangas, Mindoro, Tayabas, and Cavite.
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Sixth
district: Sorsogon, Albay, and Ambos Camarines.
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Seventh
district: Iloilo and Capiz.
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Eighth
district: Negros Occidental, Negros Oriental, Antique, and Palawan.
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Ninth
district: Leyte and Samar.
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Tenth
district: Cebu.
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Eleventh
district: Surigao, Misamis, and Bohol.
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Twelfth
district: The Mountain Province, Baguio, Nueva Vizcaya, and the
Department
of Mindanao and Sulu.cralaw
The
Representative Districts shall be the eighty-one now provided by law,
and
three in the Mountain Province, one in Nueva Vizcaya, and five in the
Department
of Mindanao and Sulu.
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The
first election under the provisions of this Act shall be held on the
first
Tuesday of October, nineteen hundred and sixteen, unless the
Governor-General
in his discretion shall fix another date not earlier than thirty nor
later
than sixty days after the passage of this Act: Provided, That the
Governor-General's
proclamation shall be published at least thirty days prior to the date
fixed for the election, and there shall be chosen at such election one
Senator from each Senate District for a term of three years and one for
six years. Thereafter one Senator from each district shall be elected
from
each Senate District for a term of six years: Provided, That the
Governor-General
of the Philippine Islands shall appoint, without the consent of the
Senate
and without restriction as to residence, Senators and Representatives
who
will, in his opinion, best represent the Senate District and those
Representative
Districts which may be included in the territory not now represented in
the Philippine Assembly: Provided, further, That thereafter elections
shall
be held only on such days and under such regulations as to ballots,
voting,
and qualifications of electors as may be prescribed by the Philippine
Legislature,
to which is hereby given authority to redistrict the Philippine Islands
and modify, amend, or repeal any provision of this section, except such
as refer to appointive Senators and Representatives.
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Sec.
17. That the terms of office
of elective Senators and Representatives shall be six and three years,
respectively, and shall begin on the date of their election. In case of
vacancy among the elective members of the Senate or in the House of
Representatives,
special elections may be held in the districts wherein such vacancy
occurred
under such regulations as may be prescribed by law, but Senators or
Representatives
elected in such cases shall hold office only for the unexpired portion
of the term wherein the vacancy occurred. Senators and Representatives
appointed by the Governor-General shall hold office until removed by
the
Governor-General.cralaw
Sec.
18. That the Senate and
House of Representatives, respectively, shall be the sole judges of the
elections, returns, and qualifications of their elective members, and
each
House may determine the rules of its proceedings, punish its members
for
disorderly behavior, and, with the concurrence of two-thirds, expel an
elective member. Both Houses shall convene at the capital on the
sixteenth
day of October next following the election and organize by the election
of a Speaker or a Presiding Officer, a clerk, and a sergeant at arms
for
each House, and such other officers and assistants as may be required.
A majority of each House shall constitute a quorum to do business, but
a smaller number may meet, adjourn from day to day, and compel the
attendance
of absent members. The Legislature shall hold annual sessions,
commencing
on the sixteenth day of October, or, if the sixteenth day of October be
a legal holiday, then on the first day following which is not a legal
holiday,
in each year. The Legislature may be called in special session at any
time
by the Governor-General for general legislation, or for action on such
specific subjects as he may designate. No special session shall
continue
longer than thirty days, and no regular session shall continue longer
than
one hundred days, exclusive of Sundays. The Legislature is hereby given
the power and authority to change the date of the commencement of its
annual
sessions.
The
Senators and Representatives shall receive an annual compensation for
their
services, to be ascertained by law, and paid out of the Treasury of the
Philippine Islands. The Senators and Representatives shall, in all
cases
except treason, felony, and breach of the peace, be privileged from
arrest
during their attendance at the session of their respective Houses and
in
going to and returning from the same; and for any speech or debate in
either
House they shall not be questioned in any other place.cralaw
No
Senator or Representative shall, during the time for which he may have
been elected, be eligible to any office the election to which is vested
in the Legislature, nor shall be appointed to any office of trust or
profit
which shall have been created or the emoluments of which shall have
been
increased during such term.cralaw
Sec.
19. That each House of
the Legislature shall keep a journal of its proceedings and, from time
to time, publish the same; and the yeas and nays of the members of
either
House, on any question, shall, upon demand of one-fifth of those
present,
be entered on the journal, and every bill and joint resolution which
shall
have passed both Houses shall, before it becomes a law, be presented to
the Governor-General. If he approves the same, he shall sign it; but if
not, he shall return it with his objections to that House in which it
shall
have originated, which shall enter the objections at large on its
journal
and proceed to reconsider it. If, after such reconsideration,
two-thirds
of the members elected to that House shall agree to pass the same, it
shall
be sent, together with the objections, to the other House, by which it
shall likewise be reconsidered, and if approved by two-thirds of all
the
members elected to that House it shall be sent to the Governor-General,
who, in case he shall then not approve, shall transmit the same to the
President of the United States. The vote of each House shall be by the
yeas and nays, and the names of the members voting for and against
shall
be entered on the journal. If the President of the United States
approve
the same, he shall sign it and it shall become a law. If he shall not
approve
same, he shall return it to the Governor-General, so stating, and it
shall
not become a law: Provided, That if any bill or joint resolution shall
not be returned by the Governor-General as herein provided within
twenty
days (Sundays excepted) after it shall have been presented to him the
same
shall become a law in like manner as if he had signed it, unless the
Legislature
by adjournment prevent its return, in which case it shall become a law
unless vetoed by the Governor-General within thirty days after
adjournment:
Provided further, That the President of the United States shall approve
or disapprove an act submitted to him under the provisions of this
section
within six months from and after its enactment and submission for his
approval;
and if not approved within such time, it shall become a law the same as
if it had been specifically approved. The Governor-General shall have
the
power to veto any particular item or items of an appropriation bill,
but
the veto shall not affect the item or items to which he does not
object.
The item or items objected to shall not take effect except in the
manner
heretofore provided in this section as to bills and joint resolutions
returned
to the Legislature without his approval.
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All
laws enacted by the Philippine Legislature shall be reported to the
Congress
of the United States, which hereby reserves the power and authority to
annul the same. If at the termination of any fiscal year the
appropriations
necessary for the support of Government for the ensuing fiscal year
shall
not have been made, the several sums appropriated in the last
appropriation
bills for the objects and purposes therein specified, so far as the
same
may be done, shall be deemed to be reappropriated for the several
objects
and purposes specified in said last appropriation bill; and until the
Legislature
shall act in such behalf the treasurer shall, when so directed by the
Governor-General,
make the payments necessary for the purposes aforesaid.cralaw
Sec.
20. That at the first meeting
of the Philippine Legislature created by this Act and triennially
thereafter
there shall be chosen by the Legislature two Resident Commissioners to
the United States, who shall hold their office for a term of three
years
beginning with the fourth day of March following their election, and
who
shall be entitled to an official recognition as such by all departments
upon presentation to the President of a certificate of election by the
Governor-General of said Islands. Each of said Resident Commissioners
shall,
in addition to the salary and the sum in lieu of mileage now allowed by
law, be allowed the same sum for stationery and for the pay of
necessary
clerk hire as is now allowed to the Members of the House of
Representatives
of the United States, to be paid out of the Treasury of the United
States,
and the franking privilege allowed by law to Members of Congress. No
person
shall be eligible to election as Resident Commissioner who is not a
bona
fide elector of said Islands and who does not owe allegiance to the
United
States and who is not more than thirty years of age and who does not
read
and write the English language. The present two Resident Commissioners
shall hold office until the fourth of March, nineteen hundred and
seventeen.
In case of vacancy in the position of Resident Commissioner caused by
resignation
or otherwise, the Governor-General may make temporary appointments
until
the next meeting of the Philippine Legislature, which shall then fill
such
vacancy; but the Resident Commissioner thus elected shall hold office
only
for the unexpired portion of the term wherein the vacancy occurred.
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Sec.
21. That the supreme executive
power shall be vested in an executive officer, whose official title
shall
be "The Governor-General of the Philippine Islands." He shall be
appointed
by the President, by and with the advice and consent of the Senate of
the
United States, and hold his office at the pleasure of the President and
until his successor is chosen and qualified. The Governor-General shall
reside in the Philippine Islands during his official incumbency, and
maintain
his office at the seat of government. He shall, unless otherwise herein
provided, appoint, by and with the consent of the Philippine Senate,
such
officers as may now be appointed by the Governor-General, or such as he
is authorized by this Act to appoint, or whom he may hereafter be
authorized
by law to appoint; but appointments made while the Senate is not in
session
shall be effective either until disapproval or until the next
adjournment
of the Senate. He shall have general supervision and control of all of
the Departments and Bureaus of the Government in the Philippine Islands
as far as is not inconsistent with the provisions of this Act, and
shall
be commander in chief of all locally created armed forces and militia.
He is hereby vested with the exclusive power to grant pardons and
reprieves
and remit fines and forfeitures, and may veto any legislation enacted
as
herein provided. He shall submit within days of the opening of each
regular
session of the Philippine legislature a budget of receipts and
expenditures,
which shall be the basis of the annual appropriation bill. He shall
commission
all officers that he may be authorized to appoint. He shall be
responsible
for the faithful execution of the laws of the Philippine Islands and of
the United States operative within the Philippine Islands, and whenever
it becomes necessary he may call upon the commanders of the military
and
naval forces of the United States in the Islands, or summon the posse
comitatus,
or call out the militia or other locally created armed forces, to
prevent
or suppress lawless violence, invasion, insurrection, or rebellion; and
he may, in case of rebellion or invasion, or imminent danger thereof,
when
the public safety requires it, suspend the privileges of the writ of
habeas
corpus, or place the Islands, or any part thereof, under martial law:
Provided,
That whenever the Governor General shall exercise this authority, he
shall
at once notify the President of the United States thereof, together
with
the attending facts and circumstances, and the President shall have
power
modify or vacate the action of the Governor-General. He shall annually
and at such other times as he may be required make such official report
of the transactions of the Government of the Philippine Islands to an
executive
department of the United States to be designated by the President, and
his said annual report shall be transmitted to the Congress of the
United
States; and he shall perform such additional duties and functions as
may
in pursuance of law be delegated or assigned to him by the
President.
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Sec.
22. That, except as provided
otherwise in this Act, the Executive Departments of the Philippine
Government
shall continue as now authorized by law until otherwise provided by the
Philippine Legislature. When the Philippine Legislature herein provided
shall convene and organize, the Philippine Commission, as such, shall
cease
and determine, and the members thereof shall vacate their offices as
members
of said Commission: Provided, That the Heads of Executive Departments
shall
continue to exercise their executive functions until the Heads of
Departments
provided by the Philippine Legislature pursuant to the provisions of
this
Act are appointed and qualified. The Philippine Legislature may
thereafter
by appropriate legislation increase the number or abolish any of the
Executive
Departments, or make such changes in the names and duties thereof as it
may see fit, and shall provide for the appointment and removal of the
Heads
of the Executive Departments by the Governor-General: Provided, That
all
executive functions of the Government must be directly under the
Governor-General
or within one of the Executive Departments under the supervision and
control
of the Governor-General. There is hereby established a Bureau, to be
known
as the Bureau of non-Christian Tribes, which said Bureau shall be
embraced
in one of the Executive Departments to be designated by the
Governor-General,
and shall have general supervision over the public affairs of the
inhabitants
of the territory represented in the Legislature by appointive Senators
and Representatives.cralaw
Sec.
23. That there shall be
appointed by the President, by and with the advice and consent of the
Senate
of the United States, a Vice-Governor of the Philippine Islands, who
shall
have all of the powers of the Governor-General in the case of a.
vacancy
or temporary removal, resignation, or disability of the Governor
General,
or in case of his temporary absence; and the said Vice-Governor shall
be
the Head of the Executive Department, known as the Department of Public
Instruction, which shall include the Bureau of Education and the Bureau
of Health, and he may be assigned such other executive duties as the
Governor-General
may designate.
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Other
Bureaus now included in the Department of Public Instruction shall,
until
otherwise provided by the Philippine Legislature, be included in the
Department
of the Interior.cralaw
The
President may designate the Head of an Executive Department of the
Philippine
Government to act as Governor-General in the case of a vacancy, the
temporary
removal, resignation, or disability of the Governor-General and the
Vice-Governor,
or their temporary absence, and the Head of the Department thus
designated
shall exercise all the powers and perform all the duties of the
Governor-General
during such vacancy, disability, or absence.cralaw
Sec.
24. That there shall be
appointed by the President an Auditor, who shall examine, audit, and
settle
all accounts pertaining to the revenues and receipts from whatever
source
of the Philippine Government and of the provincial and municipal
governments
of the Philippines, including trust funds and funds derived from bond
issues;
and audit, in accordance with law and administrative regulations, all
expenditures
of funds or property pertaining to or held in trust by the Government
or
the provinces or municipalities thereof. He shall perform a like duty
with
respect to all government branches.cralaw
He
shall keep the general accounts of the Government and preserve the
vouchers
pertaining thereto.cralaw
It
shall be the duty of the Auditor to bring to the attention of the
proper
administrative officer expenditures of funds or property which, in his
opinion, are irregular, unnecessary, excessive, or extravagant.cralaw
There
shall be a Deputy Auditor appointed in the same manner as the Auditor.
The Deputy Auditor shall sign such official papers as the Auditor may
designate
and perform such other duties as the Auditor may prescribe, and in case
of the death, resignation, sickness, or other absence of the Auditor
from
his office, from any cause, the Deputy Auditor shall have charge of
such
office. In case of the absence from duty, from any cause, of both the
Auditor
and the Deputy Auditor, the Governor-General may designate an
assistant,
who shall have charge of the office.
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The
administrative jurisdiction of the Auditor over accounts, whether of
funds
or property, and all vouchers and records pertaining thereto, shall be
exclusive. With the approval of the Governor-General he shall from time
to time make and promulgate general or special rules and regulations
not
inconsistent with law covering the method of accounting for public
funds
and property, and funds and property held in trust by the Government or
any of its branches: Provided, That any officer accountable for public
funds or property may require such additional reports or returns from
his
subordinates or others as he may deem necessary for his own information
and protection.cralaw
The
decisions of the Auditor shall be final and conclusive upon the
Executive
Branches of the Government, except that appeal therefrom may be taken
by
the party aggrieved or the Head of the Department concerned within one
year, in the manner hereinafter prescribed. The Auditor shall, except
as
hereinafter provided, have like authority as that conferred by law upon
the several auditors of the United States and the Comptroller of the
United
States Treasury and is authorized to communicate directly with any
person
having claims before him for settlement, or with any department,
officer,
or person having official relations with his office.
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As
soon after the close of each fiscal year as the accounts of said year
may
be examined and adjusted the Auditor shall submit to the
Governor-General
and the Secretary of War an annual report of the fiscal concerns of the
Government, showing the receipts and disbursements of the various
Departments
and Bureaus of the Government and of the various provinces and
municipalities,
and make such other reports as may be required of him by the
Governor-General
or the Secretary of War.cralaw
In
the execution of their duties the Auditor and the Deputy Auditor are
authorized
to summon witnesses, administer oaths, and to take evidence, and, in
the
pursuance of these provisions, may issue subpoenas and enforce the
attendance
of witnesses, as now provided by law.cralaw
The
office of the Auditor shall be under the general supervision of the
Governor-General
and shall consist of the auditor and deputy auditor and such necessary
assistants as may be prescribed by law.cralaw
Sec.
25. That any person aggrieved
by the action or decision of the Auditor in the settlement of his
account
or claim may, within one year, take an appeal in writing to the
Governor-General,
which appeal shall specifically set forth the particular action of the
Auditor to which exception is taken, with the reason and authorities
relied
on for reversing such decision.cralaw
If
the Governor-General shall confirm the action of the Auditor, he shall
so indorse the appeal and transmit it to the Auditor, and the action
shall
thereupon be final and conclusive. Should the Governor-General fail to
sustain the action of the Auditor, he shall forthwith transmit his
grounds
of disapproval to the Secretary of War, together with the appeal and
the
papers necessary to a proper understanding of the matter. The decision
of the Secretary of War in such case shall be final and
conclusive.
Sec.
26. That the Supreme Court
and the Courts of First Instance of the Philippine Islands shall
possess
and exercise jurisdiction as heretofore provided and such additional
jurisdiction
as shall hereafter be prescribed by law. The Municipal Courts of said
Islands
shall possess and exercise jurisdiction as now provided by law, subject
in all matters to such alteration and amendment as may be hereafter
enacted
by law; and the Chief Justice and Associate Justices of the Supreme
Court
shall hereafter be appointed by the President, by and with the advice
and
consent of the Senate of the United States. The judges of the Courts of
First Instance shall be appointed by the Governor-General, by and with
the advice and consent of the Philippine Senate: Provided, That the
admiralty
jurisdiction of the Supreme Court and Courts of First Instance shall
not
be changed except by Act of Congress. That in all cases pending under
the
operation of existing laws, both criminal and civil, the jurisdiction
shall
continue until final judgment and determination.
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Sec.
27. That the Supreme Court
of the United States shall have jurisdiction to review, revise,
reverse,
modify, or affirm the final judgments and decrees of the Supreme Court
of the Philippine Islands in all actions, cases, causes, and
proceedings
now pending therein or hereafter determined thereby in which the
Constitution
or any statute, treaty, title, right, or privilege of the United States
is
involved, or in causes in which the value in controversy exceeds
$25,000,
or in which the title or possession of real estate exceeding in value
the
sum of $25,000, to be ascertained by the oath of either party or of
other
competent witnesses, is involved or brought in question; and such final
judgments or decrees may and can be reviewed, revised, reversed,
modified,
or affirmed by said Supreme Court of the United States on appeal or
writ
of error by the party aggrieved within the same time, in the same
manner,
under the same regulations, and by the same procedure, as far
applicable,
as the final judgments and decrees of the district courts of the United
States.
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Sec.
28. That the Government
of the Philippine Islands may grant franchises and rights, including
the
authority to exercise the right of eminent domain, for the construction
and operation of works of public utility and service, and may authorize
said works to be constructed and maintained over and across the public
property of the United States, including streets, highways, squares,
and
reservations, and over similar property of the Government of said
Islands,
and may adopt rules and regulations under which the provincial and
municipal
governments of the Islands may grant the right to use and occupy such
public
property belonging to said provinces or municipalities: Provided, That
no private property shall be damaged or taken for any purpose under
this
section without just compensation, and that such authority to take and
occupy land shall not authorize the taking, use, or occupation of any
land
except such as is required for the actual necessary purposes for which
the franchise is granted, and that no franchise or right shall be
granted
to any individual, firm, or corporation except under the conditions
that
it shall be subject to amendment, alteration, or repeal by the Congress
of the United States, and that lands or right of use and occupation of
lands thus granted shall revert to the government by which they were
respectively
granted upon the termination of the franchises and rights under which
they
were granted or upon their revocation or repeal. That all franchises or
rights granted under this Act shall forbid the issue of stock or bonds
except in exchange for actual cash or for property at a fair valuation
equal to the par value of the stock or bonds so issued; shall forbid
the
declaring of stock or bond dividends, and, in the case of
public-service
corporations, shall provide for the effective regulation of the charges
thereof, for the official inspection and regulation of the books and
accounts
of such corporations, and for the payment of a reasonable percentage of
gross earnings into the Treasury of the Philippine Islands or of the
province
or municipality within such franchises are granted and exercised:
Provided
further, That it shall be unlawful for any corporation organized under
this Act, or for any person, company, or corporation receiving any
grant,
franchise, or concession from the Government of said Islands, to use,
employ,
or contract for the labor of persons held in involuntary servitude; and
any person, company, or corporation so violating the provisions of this
Act shall forfeit all charters, grants, or franchises for doing
business
in said Islands, in an action or proceeding brought for that purpose in
any court of competent jurisdiction by any officer of the Philippine
Government,
or on the complaint of any citizen of the Philippines, under such
regulations
and rules as the Philippine Legislature shall prescribe, and in
addition
shall be deemed guilty of an offense, and shall be punished by a fine
of
not more than $10,000.cralaw
Sec.
29. That, except as in
this Act otherwise provided, the salaries of all the officials of the
Philippines
not appointed by the President, including deputies, assistants, and
other
employees, shall be such and be so paid out of the revenues of the
Philippines
as shall from time to time be determined by the Philippine Legislature;
and if the Legislature shall fail to make an appropriation for such
salaries,
the salaries so fixed shall be paid without the necessity of further
appropriations
therefor. The salaries of all officers and all expenses of the offices
of the various officials of the Philippines appointed as herein
provided
by the President shall also be paid out of the revenues of the
Philippines.
The annual salaries of the following-named officials appointed by the
President
and so to be paid shall be: The Governor-General, $18,000; in addition
thereto he shall be entitled to the occupancy of the buildings
heretofore
used by the Chief Executive of the Philippines, with the furniture and
effects therein, free of rental; Vice-Governor, $10,000; Chief Justice
of the Supreme Court, $8,000; Associate Justices of the Supreme Court,
$7,500 each; Auditor $6,000; Deputy Auditor, $3,000.cralaw
Sec.
30. That the provisions
of the foregoing section shall not apply to provincial and municipal
officials;
their salaries and the compensation of their deputies, assistants, and
other help, as well as all other expenses incurred by the provinces and
municipalities, shall be paid out of the provincial and municipal
revenues
in such manner as the Philippine Legislature shall provide.
chan
ro
bles virtual law library
Sec.
31. That all laws or parts
of laws applicable to the Philippines not in conflict with any of the
provisions
of this Act are hereby continued in force and effect.
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Approved:
August
29, 1916
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