Act No. 1398




[ Act No. 1398, September 15, 1905 ] AN ACT TO AUTHORIZE THE APPLICATION TO THE PROVINCE OF SAMAR, UNDER CERTAIN CONDITIONS, OF THE PROVISIONS OF ACT NUMBERED THIRTEEN HUNDRED AND NINETY-SIX, KNOWN AS THE "SPECIAL PROVINCIAL GOVERNMENT ACT," AND ACT NUMBERED THIRTEEN HUNDRED AND NINETY-SEVEN, KNOWN AS THE "TOWNSHIP GOVERNMENT ACT.'' By authority of the United States, be it enacted by the Philippine Commission, that: Section 1. The provisions of Ad Numbered Thirteen hundred and ninety-six, known as the "Special Provincial Government Act," and Act Numbered Thirteen hundred and ninety-seven, known as 'the "Township Government Act," are hereby declared applicable to the Province of Samar whenever in the opinion of the provincial board and of the Governor-General the condition of the people as to civilization and capacity for government seem to demand it. The provincial board of Samar by proper resolution to that effect, with the approval of the Governor-General is hereby authorized and empowered to declare that any municipality of the Province of Samar shall be converted into a township a provided in said Act Numbered Thirteen hundred and ninety-seven, and thereafter the president and councilors of the said municipality shall no longer be under the provisions of Act Numbered eighty-two, known as "The Municipal Code," and the amendment thereto, but shall have only the powers and functions proscribed by Act Numbered Thirteen "hundred and ninety-seven; and the provincial governor and the provincial board, as to such townships thus created, shall have the powers and functions and perform die duties prescribed by said Act Numbered Thirteen hundred and ninety-six. Section 2. The provincial board of Samar1aшphi1. with the approval of the Governor-General, is also hereby authorized and empowered by proper resolution to that effect to create, out of portions of existing municipalities or from territory not embraced in any municipality in said province, settlements, which shall lie organized and governed as provided in sections sixty-one to sixty-four, inclusive, of said Act Numbered Thirteen hundred and ninety-seven. The provisions of sections sixty-one to sixty-four, inclusive, of said Act Numbered Thirteen hundred and ninety-seven are hereby declared applicable to any settlements which may be thus organized and the provincial governor of Samar, subject to the approval of the Governor-General, is hereby vested with all power and authority vested by said sections in provincial governors of the provinces named in said Act Numbered Thirteen hundred and ninety-seven. Section 3. Nothing herein contained shall in any way affect the powers and duties of the provincial governor or of the provincial board of Samar as to those municipalities now organized which are not converted into townships or settlements in the' manner above set forth, and such municipalities shall be and remain as heretofore; under the provisions of Act Numbered Eighty-two, known as; "The Municipal Code," and its amendments. Section 4. The provincial board of Samar is empowered to use any provincial funds available for that purpose in erecting buildings in new settlements, created under this Act and in building trails thereto. Section 5. 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 m the enactment of laws," passed September twenty-sixth, nineteen hundred. Section 6. This Act shall take effect on- its passage. Enacted, September 15, 1905. The Lawphil Project - Arellano Law Foundation