[ Act No. 4187, December 08, 1934 ]
AN ACT APPROPRIATING FUNDS FOR THE NECESSARY EXPENSES OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS DURING THE FISCAL YEAR ENDING DECEMBER THIRTY-FIRST, NINETEEN HUNDRED AND THIRTY-FIVE, AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines
in Legislature assembled and by the authority of the same:
Section 1. Title of Act.-This Act shall be known as "General Appropriation Act for nineteen hundred and thirty-five."
Section 2. Appropriation of funds.-The following sums, or so much thereof as may be respectively necessary, are hereby appropriated out of any funds in the Insular Treasury not appropriated for other purposes, in compensation of the service of the Philippine Government for the fiscal year ending December thirty-first, nineteen hundred and thirty-five, unless otherwise stated:
See Printed Copy Volume 30 Page 128 to 323
Section 3. Unexpended balance of salaries and wages.-Any provision of existing law to the contrary notwithstanding, any unexpended balance of the appropriations herein made for salaries and wages of a bureau or office is hereby made available for the payment of compensation to injured employees as contemplated by Act Numbered Thirty-four hundred and twenty-eight, and, subject to the approval of the Department Head concerned, may be used to cover deficit in the appropriations for sundry expenses, furniture and equipment, and special appropriations, of any bureau or office in the same Department: Provided, That in no case shall such unexpended balance or any portion thereof be transferred to the credit of the Teachers' Pension and Disability Fund, Act No. 3050.
Section 4. Employees under contract.-Any provision of existing law to the contrary notwithstanding, no person shall be employed under contract by the Insular Government unless this be authorized by an appropriation in this Act: Provided, however, That this provision shall not apply to persons employed under Act Numbered Thirty-four hundred and thirty-one.
Section 5. Disposition of old government vessels.-Upon recommendation of the proper Head of Department, the Governor-General is hereby authorized to order the sale of any old government vessel which is no longer needed by the Government. The sale shall be made by the Insular Auditor at public auction or otherwise under the terms most favorable to the Government, in which latter case the sale shall not be effective until it has been approved by the Governor-General.
Section 6. Application of appropriations.-No appropriation for "consumption of supplies and materials" authorized in this Act shall be used for the construction of new buildings, except buildings of light materials in emergency cases: Provided, however, That in all purchases of products, materials and supplies preference shall be given to local and United States manufactures, materials and products, and only in case of a difference of fifteen per centum or more in the cost of the local or United States over the foreign imported products, materials or supplies, or in case such products, materials or supplies made in the Philippines or United States are not available, shall it be lawful to make purchases with these funds of non-Philippine or non-United States products, materials or supplies.
Section 7. Reduction of appropriations.-Whenever it shall become apparent that the income of the Government for the year nineteen hundred and thirty-five will not be sufficient to cover the authorized expenditures for such year, it shall be the duty of the Secretary of Finance to bring such fact to the attention of the Governor-General who is hereby authorized to reduce the appropriations made in this Act so as to effect a saving not to exceed ten per centum (10%) of the total sum authorized herein: Provided, That none of the items for insular aid to the provinces of Palawan and Batanes, shall be reduced by an amount greater than ten per centum (10%) of the sums herein authorized.
Section 8. Purchase of automobiles.-Unless otherwise specifically authorized herein, no appropriation for "Furniture and Equipment" shall be used for the purchase of automobile or auto jitney, or station wagon nor fund appropriated in this Act for traveling expenses or any other purposes shall be available to purchase any automobile, auto jitney or station wagon, by the method of paying for it in installments under the guise of rentals or by any other indirect method nor to pay for rental of automobile in excess of the rate provided in existing contract for automobile hire entered into under section 568 of the Administrative Code, as amended: Provided, That this provision shall not be applicable to contracts duly approved prior to November first, nineteen hundred and thirty.
Section 9. Allowance for use of private automobiles.-Notwithstanding the provisions of section 561 of the Administrative Code, no officer or employee of the Insular Government shall be paid any allowance, directly or indirectly, for the use of his own automobile on official business, except the following: (a) those employed under Act No. 3431; (b) officers of the Federal Government assigned for service in the Office of the Governor-General; (c) the Secretaries and Undersecretaries of Departments; (d) the chairman of the Senate Committee on Accounts; (e) the secretary and assistant secretaries to the Governor-General; (f) Directors and Assistant Directors of bureaus and offices; (g) district commanders, provincial commanders and 15 inspectors of the Philippine Constabulary; (h) superintendents of schools assigned in the provinces; (i) the chief of the sanitary section and the chief of the division of provincial sanitation of the Bureau of Health; (j) the secretary and assistant secretary of the Senate and the secretary to the President of the Senate; (k) the secretary and assistant secretary of the House of Representatives and the secretary to the Speaker of the House of Representatives; (l) the medical inspector and surveyor of the port of the Bureau of Customs: Provided, however, That the automobile allowance authorized in this Act is subject to the regulations governing the payment of such allowance: And provided, further, That the rate of automobile allowance shall be determined by the proper Head of Department it shall not exceed P60 per month.
Section 10. Schedule of per diems for insular officers and employees.-Based on the net salaries hereunder prescribed, per diems of insular officers and employees, when traveling on official business, may be allowed in accordance with the following schedule, any provision of existing law to the contrary notwithstanding:
(a) Officers and employees receiving a salary of P1,530 or less per annum, a per diem of not to exceed P1.1aшphi1
(b) Those receiving more than P1,530 but not exceeding P2,040 per annum, a per diem of not to exceed P2.
(c) Those receiving more than P2,040 but not exceeding P5,100 per annum, a per diem of not to exceed P3.
(d) Those receiving more than P5,100 per annum and United States Army and Navy officers detailed without salary to the Insular Government, a per diem of P4.
(e) Those whose rates of compensation are not stated on a yearly basis may be allowed the amount of per diems authorized for officers and employees receiving an equivalent pay on a yearly basis.
Section 11. Inhibition against increases in salary.-No provincial auditor, district health officer, justice of the peace, or any other official or employee paid in whole or in part from insular funds shall, during the year 1935, receive an increase in salary due to the reclassification of provinces and municipalities neither shall the number of deputy sheriffs be increased on account of such reclassification, the provisions of existing law to the contrary notwithstanding.
Section 12. Simplification of government organization.-For the purpose of promoting efficiency and effecting economy in the service, the proper Head of Department is hereby authorized to eliminate any activity which is not indispensable, transfer any activity from one division to another, add a new authorized activity to any division, or consolidate into one or more divisions all activities and functions of a similar nature of the different bureaus and offices of the Department: Provided, That no transfer, addition, or consolidation shall be made if it will result in duplication of work: Provided, further, That the personnel of such divisions, sections, or services as may be placed under the immediate supervision of the Department Head, in accordance with the provisions of this Act shall be subject to all the provisions of the Civil Service Law 7, rules and regulations governing the classified service: And provided, finally, That no new activity, division, office, or unit in any branch of the Insular Government shall be created; and any activity, division, office, or unit which may be suspended or abolished in this Act or in any other Act shall not be revived or recreated except by appropriate legislative enactment.
Section 13. Lower salary shall prevail.-When the amount appropriated herein for salary is larger than the salary fixed in the Classification and Standardization Act, or in any special Act fixing the salary of a position, the latter salary shall prevail; but when the amount appropriated herein for salary is less than the salary fixed in the Classification and Standardization Act, or in any special Act fixing the salary of a position, the salary fixed herein shall prevail.
Section 14. Manufacture of vaccines, sera, etc.-Any provision of existing law to the contrary notwithstanding, whenever the appropriations for the Bureau of Science become insufficient, any appropriation authorized herein for the Bureau of Health and the Bureau of Public Welfare may be used for the manufacture of vaccines, sera, and other biological products in the Bureau of Science.
Section 15. Reduction of salaries, wages and allowances.-The salaries, wages and allowances of all officers and employees payable from any lump sum appropriation authorized either in this Act or in any other special Act, including those payable from any special or trust fund created by an Act of the Legislature, shall be reduced according to the following schedule, the reduction to be based upon the rates of salaries, wages and allowances prior to the reduction prescribed in the Memorandum Order of the Governor-General, dated April 8, 1932:
More than P1,200 a year, more than P100 a month, or more than P4 a day . . . . . . . . . . . 15%
P1,200 a year, P100 a month, or P4 a day, or less, but more than P300 a year,
P25 a month, or P1 a day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10%
Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20%
Provided, That the officer or employee whose fixed salary is P300 a year, P25 a month, or P1 a day or less shall suffer no reduction: Provided, further, That the officer or employee whose fixed salary has been reduced by 15% shall not receive less than P1,080 a year, P90 a month, or P3.60 a day, and the officer or employee whose fixed salary has been reduced by 10% shall not receive less than P300 a year, P25 a month, or P1 a day: And provided, further, That this provision shall not apply to the salaries of those officers whose compensations are fixed in Acts of the United States Congress and also to the salaries of insular teachers contracted prior to January 1, 1933, by virtue of the provisions of section 697 of the Revised Administrative Code, but the difference between the contract salary and the appropriation available shall be offset by corresponding savings in any item or items of the appropriation of the Bureau of Education for salaries and wages.
Section 16. Reduction to be made on actual salary.-Whenever an employee is not receiving the maximum salary authorized for his position, the salary which he is actually receiving shall be reduced in accordance with the schedule prescribed in section 15 hereof, unless the salary stated in the appointment is declared to be net.
Section 17. Abolition of additional compensation.-Any existing act, rule or order to the contrary notwithstanding, no full time officer or employee of the government shall hereafter receive directly or indirectly any kind of additional or extra compensation or salary including per diems and bonuses from any fund of the government, its dependencies, and semi-government entities or boards created by law, except (a) officers serving as chairmen or members of boards of entities and enterprises organized, operated, owned or controlled by the Government, who may be paid per diems for each meeting actually attended or when on official travel; (b) auditors and accountants; (c) provincial and municipal treasurers and their employees; (d) employees serving as observers of the Weather Bureau; and (e) those authorized to receive extra or additional compensation by virtue of the provisions of this Act. This section is hereby made permanent legislation.
Section 18. Compensation of persons receiving life pension.-A person receiving life pension, annuity or gratuity from the Philippine Government, who is reappointed in any branch of the Government of the Philippine Islands, including the municipalities and the provinces, and who receives pay or compensation on account of such reappointment, shall have the option to receive, during the period of such reemployment, either the pay or compensation for the position, or the pension, gratuity, or annuity; but in no case shall he receive both: Provided, That the provision of. this section shall not affect those occupying elective positions: Provided, further, That the provisions contained in this section and in the section immediately preceding shall not be applicable to employees receiving both pension and salary on the date of the approval of this Act.
Section 19. Restriction against private employment.-Any appointive government employee who is required to perform full time service in the government shall not render service of more than six hours weekly to any private institution, private persons or corporations from which he will receive salary, compensation, remuneration, per diems, allowances or bonuses.
Section 20. Extra compensation for overtime work.-Any provision of existing law to the contrary notwithstanding, the officers and employees of the Budget Office, Department of Finance, and those detailed therein from other bureaus and offices, when working overtime on Saturdays, Sundays, holidays, or during half-day sessions, and after six o'clock p. m. on regular days, in connection with the Budget and the General Appropriation and Public Works Bills, shall each be paid from any unexpended balance of the appropriations made under this Act an overtime pay at a rate to be fixed by the Secretary of Finance.
Section 21. Use of lump-sum appropriations for salaries and wages.-Hereafter, any provision of existing law to the contrary notwithstanding, whenever lump-sum appropriations under the general heading "I.-Salaries and Wages" and salaries and wages under the general heading "IV.- Special Appropriations" in the General Appropriation Act are used for the payment of salaries and wages, such appropriations shall be limited only to the employment of laborers paid by the month, by the day or by the hour and of emergency employees other than laborers: Provided, That said emergency employees shall in no case be paid a salary in excess of P36 a month, nor shall their employment continue for more than one year: Provided, further, That these limitations shall not be applicable to the House of Representatives, to the Bureau of Health, to craftsmen, helpers, and other employees of the Bureau of Printing, to justices of the peace, to officers and employees of the Bureau of Public Works whose salaries and wages are payable from projects, to officers and employees of the Quarantine Service, and to emergency employees appointed on or before July 1, 1933, but said emergency employees shall not be granted promotion in salary from the date of the approval of this Act.
Section 22. Pensionados.-Any provision of existing law to the contrary notwithstanding, no institution or office receiving financial aid from the Insular Government shall send any new pensionado abroad unless specifically authorized in this Act or any subsequent Act of the Legislature.
Section 23. Allotment of appropriations.-The appropriations for sundry expenses, furniture and equipment, and P1 special appropriations for the bureaus and offices under the control of the Governor-General and for the Executive Departments shall be allotted, respectively, by the Governor-General and the proper Head of Department among the bureaus and offices under their respective control as the needs of the service may require.
Section 24. Repeal of section 12 of Act No. 2935.-Section 12 of Act No. 2935 is hereby repealed provided that advances of the cost of instruction made heretofore shall be liquidated in accordance with the provisions of said section 12 of Act No. 2935.
Section 25. Reversion of appropriations.-Any unexpended balance of any appropriation herein made or of any appropriation hereafter made by special Act shall revert to the unappropriated surplus in the Insular Treasury at the end of the year in which it was enacted and shall not be available for expenditure except upon subsequent appropriation by the Legislature, unless otherwise specifically provided in said Act. This section is hereby made permanent legislation.
Section 26. Allowance for subsistence.-The provisions of this Act or any other existing law to the contrary notwithstanding, no officer or employee of the Insular Government shall be given subsistence at the expense of the Government, except the following:
(a) Marine officers, engineers and crews of government vessels, launches, and motorboats, who shall take their meals in the mess on board the vessels, launches, or motorboats when on duty during meal time;
(b) Lightkeepers who shall be furnished raw food materials;
(c) Those officials and employees who have been granted subsistence heretofore, at the discretion of the Department Head concerned, when required to render continuous service and covering meal time at not to exceed 1/3 subsistence for every meal time, allowing full subsistence when required to live within the premises of hospitals, prisons, Philippine Constabulary barracks or similar institutions to make their services available at any and all time: Provided, That said subsistence shall be furnished in kind, requiring those entitled thereto to take their meals in the mess provided therefor and maintained at the expense of the Government, and under no condition shall the same be commuted or paid in cash or given in raw foodstuffs, except as otherwise provided in this section in the case of light keepers, and except further that commutation of subsistence may be granted to enlisted men of the Philippine Constabulary as provided in the Constabulary Regulations and the following officers and employees heretofore allowed such commutation:
(1) District nurses of the Bureau of Health and nurse-social workers of the Bureau of Public Welfare in Manila not assigned to any particular institution;
(2) Officers and employees in leper institutions;
(3) The Director and Assistant Director of Prisons, physicians, pharmacists, dentists, sanitary inspectors, attendants and nurses of the Bureau of Prisons; and
(4) Officials and employees in the Insular Psychopathic Hospital; and
(d) Senators and Representatives and officers and employees of the Philippine Legislature during the sine die session or when working overtime.
Section 27. Accrued leave, certification and payment of.-From the date of the approval of this Act, no appropriations for salaries and wages made in Act No. 4074 and in this Act or in any other special Act, including any special or trust fund, created by an Act of the Legislature, or any balance thereof, shall be certified and reverted to the accrued leave payable fund, and officers and employees of the Insular Government enjoying or entitled to accrued leave shall receive their accrued leave pay, including commutation, from the corresponding items covering their regular salaries in the Appropriation Act in force, or special Act, or any special or trust fund created by an Act of the Legislature, as the case may be, any provision of existing law or regulations to the contrary notwithstanding: Provided, That in cases of the necessity of filling vacancies as prescribed in section 558 of the Administrative Code, as amended, the money value of any accrued leave granted shall be paid from the remaining balance of the accrued leave payable fund of the respective department, bureau or office until otherwise provided by law.
The sum equivalent to one-half of the accrued leave payable appearing in the books of accounts of all departments, bureaus, and offices of the Insular Government, and certified thereto from the general fund of the Insular Government is hereby reverted to the general unappropriated funds in the Insular Treasury on the effectivity of this Act.
Section 28. Availability of appropriations on rental of buildings and grounds.-The appropriation for the rental of buildings and grounds for the different Executive Departments and the various bureaus and offices under their respective supervision and control shall be available only for the rental of buildings and grounds authorized by the Department Head concerned, during the year 1935.
Section 29. Payment of retirement gratuities to officers and employees whose positions are abolished in this Act.-Any person who up to and including December 31, 1934, occupied a position eliminated from the General Appropriation Act of 1935, shall be considered retired from the government service and shall be given a gratuity equivalent to what he would get if he were retired under Act No. 4051: Provided, That his years of service shall be computed to December 31, 1934.
Section 30. Payment of gratuity for officers, employees or of laborers in the Department of Labor who may be retired or separated from the service as a result of any reorganization in that Department.-Any officer, employee or laborer who may be separated or retired from the service as a result of any reorganization that may be effected in the Department of Labor or in the bureau or office under it during the years nineteen hundred and thirty-four and nineteen hundred and thirty-five may be granted gratuity in accordance with the provisions of Act Numbered Forty hundred and fifty-one which is hereby revived in so far as said officer, employee, or laborer is concerned: Provided, however, That the positions of officers, employees or laborers so retired shall not be filled except those which may be filled under Act Numbered Forty hundred and fifty-one.
Section 31. This Act shall take effect on January first, nineteen hundred and thirty-five.
Approved, December 8, 1934.
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