Act No. 643




[ Act No. 643, February 27, 1903 ] AN ACT AMENDING SECTION FOUR OF ACT NUMBERED EIGHTY, AS AMENDED, AND REPEALING PARAGRAPH (B) OF SECTION ONE OF ACT NUMBERED THREE HUNDRED AND THIRTY-EIGHT, RELATING TO SALARIES AND TRAVELING EXPENSES OF APPOINTED TO THE PHILIPPINE CIVIL SERVICE RESIDING IN THE UNITED STATES, AND REPEALING ACT NUMBERED TWO HUNDRED AND TWENTY-FOUR, RELATING TO CERTAIN CONDITIONS OF APPOINTMENT IN THE SERVICE. By authority of the United States, be it enacted by the Philippine Commission, that: Section 1. Paragraph (b) of section one of Act Numbered Three hundred and thirty-eight, and Act Numbered Two hundred and twenty-four are hereby repealed, so far as they affect appointments provided herein, after May thirty-first, nineteen hundred and three; and section four of Act Numbered Eighty is hereby amended to read as follows: "Section 4.1aшphi1 The appointment of all persons residing in the United States to the Philippine civil service, whether by transfer from the United States civil service or otherwise, shall be subject to the following conditions: "(1) A person residing in the United States who is appointed to the Philippine civil service may pay his traveling expenses from the place of his residence in the United States to Manila: Provided, That if any part of his traveling expenses is borne by the Government of the Philippine Islands, ten per centum of his monthly salary shall be retained until the amount retained is equal to the amount borne by the Government: And provided further, That if he shall come by the route and steamer directed, his actual and necessary traveling expenses shall be refunded to him at the expiration of two years' satisfactory service in the Philippines. "(2) He shall be allowed half salary from the date of embarkation and full salary from the date of his arrival in the Islands: Provided, That he proceed directly to the Islands, otherwise he shall be allowed half salary for such time only as is ordinarily required to perform the journey by the route directed: And provided further, That such half salary shall not be paid until after the of two years of satisfactory service in the Philippines. "(3) A person residing in the United States accepting an appointment to a position in the civil service of the Government of the Philippine Islands, under the conditions named in this Act, shall, before receiving such appointment, execute a contract and deliver it to the Chief of the Bureau of Insular Affairs, War Department wherein the appointee shall stipulate that he will remain in the service of the Government of the Philippine Islands for at least two years, unless released by the Civil Governor or proper head of an Executive Department. A breach of the conditions provided in the contract or a removal for cause shall require the proper officer to withhold payment of all salary and traveling expenses due to the person employed and violating the conditions of the contract, and shall debar such person from ever entering again the public service of the Philippine Government in any of its branches. No return transportation shall be furnished to such employee. In such case an action shall lie, on the ion of the Attorney-General, for the recovery of the amount expended by the Government in bringing the employee to the Philippine Islands. "(4) A person who has been employed continuously in the Philippine civil service for three years or more after the passage of the Service Act shall, if he so requests, upon his retirement from the service, be furnished with transportation from Manila to San Francisco, and shall be allowed half salary for thirty days in addition to full salary for the period which he may be granted as leave of absence under the provisions of this Act." Section 2. 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 3. This Act shall take effect June first, nineteen hundred and three. Enacted, February 27, 1903. The Lawphil Project - Arellano Law Foundation