[ Act No. 2472, February 05, 1915 ]
AN ACT REPEALING ACTS NUMBERED EIGHT HUNDRED AND SEVENTEEN, EIGHT HUNDRED AND THIRTY-FOUR, AND TWENTY-ONE HUNDRED AND TWENTY-ONE BY CHANGING THE METHOD OF APPOINTMENT OF LOCUST BOARDS, AND BY DEFINING THE RELATION OF THE BUREAU OF AGRICULTURE TO LOCUST BOARDS, TO BE KNOWN AS THE "LOCUST ACT."
By authority of the United States, be it enacted by the Philippine Legislature, that:
Section 1. For the purposes of this Act, the terms herein used are defined as follows:
(a) The term "locust" shall include all species and forms whether in the egg, hopper, or winged stages of Acridoidea or short-horned grasshoppers, locally known as "balang," "dodon," "locton," or "langosta," which congregate in swarms, as well as any other member of this family that may from time to time appear in such numbers as to be a menace to agriculture;
(b) "Locust-infested" shall mean that there are present in or upon lands within the jurisdiction named such species as are included in the term "locust" as defined under (a) of this section;
(c) "Person" shall mean both singular and plural as the case demands and shall include corporations, companies, societies, and associations;
(d) "Inhabitant" shall mean any person residing in a municipality during the period that such municipality may be locust infested.
Section 2. For the purpose of suppressing locusts, there is hereby created in each province a board to be known as the locust board with such powers and duties as are hereinafter provided. The locust board shall be composed of the provincial board, the senior inspector of Constabulary, the division superintendent of schools, who shall be ex officio members, and two members appointed by the Director of Agriculture on the recommendation of the provincial board: Provided, That whenever a province embraces sub-provinces, the lieutenant-governor of each subprovince shall also be an ex officio member of the locust board.
Section 3. The provincial governor shall be ex officio chairman of the board, the provincial treasurer its disbursing officer, and the provincial recorder shall act as its secretary. Members of the locust board shall serve without compensation, except actual and necessary traveling expenses.
Section 4. The board shall meet at such time and in such Meetings, place as may be directed by the chairman: Provided, That regular meetings of the board shall be held not less than once each month. At least seven days' notice of each meeting shall be given to each member of the board, unless in any case of exceptional urgency the chairman shall deem it necessary to call a meeting on shorter notice; and if any two members shall request the chairman in writing to convene a special meeting of the board, it shall be the duty of the chairman to convene such meeting with the least possible delay.
Section 5. All regulations authorized or required by the how locust board by virtue of this Act shall be decided by a majority vote of the members present at any meeting thereof, three or more such members to constitute a quorum.
Section 6. The board shall keep itself informed with reference to the presence of locusts which may exist or are likely to appear in the province, and on the appearance or prospective appearance being brought to the notice of any member of the board, it shall be his duty to report the same forthwith to the chairman of the board. Upon receipt of the chairman shall either at once convene a meeting of the board or if it appears necessary, depute one or more members of the board to make inquiries, and upon receipt of the report of such member or members, the chairman shall convene the board to take necessary action for the suppression of the pest and bring such knowledge to the attention of the president of each municipality in his province and to the Director of Agriculture.
Section 7. For the purpose of facilitating eradication and Records-preventing damage from locusts, the locust board shall keep a complete record showing:
(a) The names of municipalities infested with locusts and the number of infested barrios in each;
(b) Date of appearance of locusts in each municipality;
(c) Stage of development of the pest in each municipality (eggs, hoppers, or fliers) ;
(d) Number of inhabitants in each municipality available for service in locust eradication, exclusive of those exempted by law;
(e) Locust equipment of each municipality.
The locust board shall also render, on Bureau of Agriculture form (supplied by said Bureau), a monthly locust culture, report to the Director of Agriculture, furnishing the information required therein.
Section 8. The Director of Agriculture shall exercise general supervision of the locust campaign in the Philippine Islands and is charged with the duty of compiling and recording information pertaining to locusts therein.
Section 9. The Chief of Constabulary and the Directors of Education, Lands, Forestry, and Posts shall cooperate with Bureaus, the Director of Agriculture and shall, upon request, furnish him with such pertinent information relative to locusts as he may deem necessary.
Section 10. It shall be the duty of all municipal officials of any province to cooperate with the locust board and to comply with the provisions of this Act under the supervision of the locust board or any duly authorized representative of the Director of Agriculture.
Section 11. it shall be the duty of any person discovering locusts, or having knowledge of the presence thereof, to report immediately this fact to the lieutenant of the barrio, municipal councilor for the district, or to the president of the municipality in which said pest occurs. Upon the lieutenant of the barrio or municipal councilor for the district being so informed, or having other knowledge of the appearance of locusts, he shall at once notify the municipal president.
Section 12. For the purpose of effecting the necessary organization, it shall be the duty of the municipal president whenever the presence of locusts shall be reported in his municipality to-
(a) Declare the municipality locust infested;
(b) Report said fact at once to the provincial governor;
(c) Issue due notification, in the manner hereinafter provided, to all inhabitants of the municipality available under the Locust Act to present themselves for service, at such time and place as may be designated by the president or his authorized agent, for two clays of each calendar week until the municipality shall be declared by the municipal president to be free from locusts: Provided, That the municipal president will so arrange as to have only such number of inhabitants notified to do locust extermination work as will adequately place the locust pest in a certain locality under control;
(d) Notify the vice-president and all councilors and lieutenants in writing that the municipality is locust infested and that they shall assume charge of the locust campaign in their respective districts or barrios, and be responsible for the enforcement of the Locust Act in all lands under their jurisdiction and for any negligence on the part of their subordinates;
(e) Furnish to each lieutenant and councilor a list of all persons available for service in their respective barrios or districts;
(f) Call upon the lieutenants and councilors to serve due notice on all persons subject to service to present themselves for duty two days (of nine hours each) per week until such time as the pest shall be declared suppressed;
(g) Cause to be prepared a complete list showing the number of persons in his municipality who are available for service in the destruction of locusts;
(h) Prepare such daily lists as will properly show the persons who have rendered service in accordance with the provisions of this Act; and
(i) Furnish the locust board a weekly report, on Bureau of Agriculture form (furnished by said Bureau), embodying the information required therein.
Section 13. Whenever locust infestation in any municipality shall have been entirely eradicated the president shall declare such municipality free from locusts.
Section 14. Whenever the presence of locusts shall be reported in a municipality, every able-bodied inhabitant in said municipality, from sixteen to sixty years of age, inclusive, shall be subject to service in the destruction of the pest. Upon receipt of due notification by the proper officer duly authorized by law as set forth in section twelve of this Act, it shall be the duty of all such inhabitants to render gratuitous service for two days each week, working nine hours each day, until the municipality shall be declared by the municipal president to be free from locusts: Provided, That, when in the opinion of the locust board the needs of the occasion in any municipality demand, such period of service may be extended to periods exceeding the prescribed two days per week.(awÞhi(
Section 15. Any person who so elects may redeem his obligation to the Government to personally render service in money the destruction of locusts in accordance with the provisions of this Act by the payment of sixty centavos for each day that he has failed to render the required service, or he may furnish a substitute to render the service required of him by this Act: Provided, That, whenever a person shall choose to redeem the obligation imposed upon him by virtue of this Act by the payment of a monetary consideration in lieu of the labor required, the collection thereof shall be made only by the municipal treasurer or by such other officer as may be deputized by the provincial treasurer for this purpose, who shall issue a receipt for each payment made in accordance with the provisions of this Act. Any person not duly authorized by the provisions of this Act who shall collect or receive, or attempt to collect or receive, money for the redemption of the obligation imposed by virtue of this Act shall be subject to prosecution under the Penal Code.
Section 16. One notification in the manner set forth in section twelve that a municipality is locust infested shall be considered sufficient and final and shall bind all persons in such municipality to render the services required of them without subsequent notification until such time as the municipality shall be declared free from locusts.
Section 17. At the end of each week, the list of persons available for work shall be checked and all persons who have rendered service in accordance with the Act shall be duly credited therewith. After being duly approved by the president, the list shall be forwarded to the municipal treasurer who shall note the names of such persons who have failed to work the two days required.
Section 18. Failure to render actual service in the destruction of locusts shall be construed to mean that it is the intention of a person to redeem his obligation by a cash payment; this payment shall fall due on the last day of the calendar week during which such services were not rendered.
Section 19. Whenever any person subject to labor in the destruction of locusts in accordance with the provisions of this Act has failed to render service or to redeem his obligation by a cash payment within the prescribed time after such payment falls due, such failure shall be considered prima facie evidence of an attempt to avoid compliance with his obligation and shall render him liable to prosecution for an offense against this Act.
Section 20. Whenever any owner, tenant, or person in charge of estates or parcels of land has duly notified the proper authorities that his lands are locust infested and is utilizing such forces as are subject to his orders in the actual destruction of locusts on lands subject to his control, said owner, tenant, or person in charge of land may be considered to be complying with the obligation imposed upon him by virtue of this Act, and it shall be unlawful for any officer acting under the provisions of this Act to impress for service in other adjoining or adjacent locust-infested lands any such owner, tenant, or person in charge of said land or any laborer subject to his control who is actually engaged in destroying locusts.
Section 21. Officers or employees of the Insular Government, officers or servants of companies engaged in the business of common carriers on sea or land, priests or ministers of the gospel, physicians, "practicantes," pharmacists, "practicantes de farmacia" actually engaged in business, or lawyers actually engaged in court proceedings, and such provincial and municipal officials as may be designated by the locust board, are exempted from service in the destruction of locusts as required under sections fourteen and fifteen of this Act.
Section 22. All amounts collected in accordance with section fifteen of this Act shall constitute a special fund to be used exclusively in the destruction of locusts and may be expended by the municipal treasurer subject to the approval of the locust board for-
(a) Purchase of equipment for combating locusts;
(b) Payment of traveling expenses of officials engaged in the locust campaign.
(c) Expenditures not herein provided for shall require the prior approval of the Director of Agriculture.
Section 23. In cases where a rigid enforcement of the provisions of this Act fails to furnish sufficient funds and labor for the needs of the locust campaign, locust boards may apply to the Director of Agriculture for an allotment of funds, furnishing an estimate of the cost of the campaign and a statement showing the proposed use of these funds. The Director of Agriculture is hereby authorized to allot the amount deemed necessary from any fund appropriated for this purpose, subject to the approval of the Secretary of Public Instruction.
Section 24. No expenditures not specifically provided for in this Act shall be made by locust boards or by provincial or municipal authorities for locust work except as authorized by the Director of Agriculture.
Section 25. The Director of Agriculture is authorized to appoint and detail such inspectors as may be deemed necessary for the public welfare, who shall gather and disseminate information regarding locusts and cooperate with locust boards in their work.
Section 26. Members of the locust board or persons operating in behalf of the locust board for the purpose of destroying locusts shall be permitted to enter any premises reported or suspected to be infested with locusts and to take such action as may be deemed necessary for the purpose of securing information relative to locusts or for the purpose of destroying locusts.
Section 27. No liability shall attach to the Government or to any officer or person operating in accordance with the provisions of this Act for any damage to plants occasioned by the destruction of locusts on cultivated lands: Provided, That any such officer or person who shall be responsible for unnecessary damage or violence, shall be liable to prosecution.
Section 28. Any person who, without lawful authority, contravenes any of the provisions of this Act or any regulation made hereunder, or who obstructs or impedes or assists in obstructing or impeding any inspector or other officer appointed or acting hereunder, in the execution of any provision of this Act or of any regulation made hereunder, shall be liable to prosecution.
Section 29. Any person convicted of an offense against this Act or any regulation issued thereunder shall be punished by a fine of not less than five pesos nor more than twenty pesos or imprisonment not to exceed ten days or both, in the discretion of the court.
Section 30. It shall be the duty of the locust board to enforce the provisions of this Act and through its members, exercise general supervision of the locust campaign, performing its labors either directly or through the officers of the various municipalities who are, within the scope of this Act, subject to the orders of the board. Each member shall be assigned a district, to be designated by the chairman of the board, in which he shall assume full charge of the locust campaign and be responsible for any negligence on the part of his subordinates.
Section 31. Acts Numbered Eight hundred and seventeen, Eight hundred and thirty-four, Twenty-one hundred and twenty-one, and all other Acts or parts of Acts inconcistent with the provisions of this Act are hereby repealed.
Section 32. This Act shall take effect on its passage.
Enacted, February 5, 1915.
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