Act No. 223




[ Act No. 223, September 06, 1901 ] AN ACT AMENDING THE PROVINCIAL GOVERNMENT ACT NUMBERED EIGHTY-THREE, AS AMENDED BY ACT NUMBERED ONE HUNDRED AND THIRTY-THREE. By authority of the President of the United States, be it enacted by the United States Philippine Commission, that: Section 1. Section eleven of Act Numbered Eighty-three is herein amended by adding thereto the following: "Whenever the provincial fiscal is absent from the province, or fails or refuses to discharge his duty by reason of illness or other cause, or by reason of personal interest in a prosecution or other matter is disqualified to act therein as provincial fiscal, the judge of the Court of First Instance for the province is authorized and required to appoint a temporary provincial fiscal, who shall be paid out of the provincial treasury the same compensation per day as that provided by law for the regular provincial fiscal for the days actually employed. The fiscal thus temporarily appointed shall discharge all the duties of the provincial fiscal as provided by law which the regular provincial fiscal fails or is unable to perform. The provincial fiscal of any province may, by authority of the provincial hoard, have a deputy fiscal, and a clerk or clerks, to be appointed by the provincial fiscal, at such salaries, out of the provincial treasury, as may be allowed, with the concurrence of the Insular Treasurer: Provided, That after the first of March, nineteen hundred and two, such clerk or clerks shall be selected in accordance with the rules and restrictions of the Civil Service Act." Section 2. Section thirty-two of the Provincial Government Act, as amended by Act Numbered One hundred and thirty-three, shall be amended by substituting for the figures twenty-four in the next to the last line of said section the figures seventy-four. Section 3. Said Provincial Government Act as amended shall be further amended by adding the following additional sections: "Section 39. No provincial official shall leave his province without obtaining permission so to do from the Civil Governor. "Section 40. The actual and necessary traveling expenses of the deputies, subordinates, and other employees of provincial officers engaged in traveling in the province on official business shall be paid from the provincial treasury when authorized by the provincial board and approved by the Insular-Treasurer. The same limitation as to the amount of expenses per day which applies to the traveling expenses of the provincial officers shall apply to those herein authorized. "Section 41. In applying the statutory limitation upon the amount per day which can be actually expended and reimbursed to provincial officers and their subordinates for expenses in traveling on official business for the province, under any one of the special acts organizing the various provinces, the total actual traveling expenses for each quarter shall be added together and divided by the number of days of the quarter during which the officer or his subordinate has been absent on public business in the province from the capital thereof; and if the amount per day thus calculated and averaged for the quarter does not exceed the limitation of maximum per diem expenses authorized in special acts, the whole amount actually expended shall be allowed to the officer or his subordinate.1aшphi1 "Section 42. The regulations and general orders of the Military Governor prescribing the internal-revenue taxes are hereby amended in so far as to abolish the urbana taxes, from and after the first of January, nineteen hundred and two. in all provinces organized under the General Provincial Act, and in all municipalities organized under the Municipal Code, whether within organized provinces or not. "Section 43. In all cases in which by the special provincial acts provision is made for the meetings of the presidents of the municipalities of the province at the capital of the province, the actual expenses of the presidents for the necessary travel from their respective municipalities to the capital for their attendance at the meeting in the capital and for their return to their respective municipalities shall be paid out of the provincial treasury by order of the provincial board; but the expenses shall not exceed the maximum limitation imposed by law upon the traveling expenses of provincial officials." Section 4. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred. Section 5. This Act shall take effect on its passage. Enacted, September 6, 1901. The Lawphil Project - Arellano Law Foundation