Act No. 314




[ Act No. 314, December 10, 1901 ] AN ACT AMENDING THE PROVINCIAL GOVERNMENT ACT SO AS TO PROVIDE A MORE SIMPLE METHOD OF PROCEDURE IN CASES OF SUSPENDED MUNICIPAL OFFICIALS AND JUSTICES OF THE PEACE. By authority of the President of the United States, be it enacted by the United States Philippine Commission, that: Section 1. Whenever any municipal official shall be suspended by the governor of the province in accordance with the provisions of the Provincial Government Act, it shall be the duty of the provincial governor at once to file written charges with the provincial board setting forth the nature of the complaints made against the suspended official, and thereupon the board shall immediately furnish a copy of said charges to the accused official, with a notification of the time and place of hearing upon said charges, and at the time and place appointed, the board shall proceed to hear and investigate the truth or falsity of said charges, giving the suspended official full opportunity to be heard. The hearing shall occur as soon as may be practicable after the charges are filed. Upon the completion of the hearing the board shall immediately forward in writing its findings as to the truth or falsity of the charges, together with the charges and evidence taken by the board, and its recommendations as whether the official ought or ought not to be dismissed, to the Civil Governor, and the Civil Governor shall thereupon, upon receipt of said findings, charges, and evidence, order the suspended official to he reinstated or dismissed as the facts shall warrant. In case the Civil Governor shall order the official to be dismissed, the vacancy shall be filled in the manner required by the Municipal Code and its amendments. Section 2. Whenever any justice of the peace shall he suspended by the Civil Governor, the Civil Governor shall forthwith notify the provincial board of the province in which the justice of the peace resides of the charges made against the justice of the peace, and thereupon the provincial board shall proceed to notify the justice of the charges and of the time and place of hearing, and shall conduct the hearing and make full report thereon to the Civil Governor in the same manner as provided in section one in relation to suspended municipal officers, and the Governor shall act upon such report and evidence as is provided in said section one. Section 3. So much of the Provincial Government Act and of all other Acts as is in conflict with this Act is hereby repealed.1aшphi1 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, December 10, 1901. The Lawphil Project - Arellano Law Foundation