Sidebilder
PDF
ePub

judge by mail would often entail great hardship and there ought to be some one in the province to whom this discretion is given. The Commission believed that this should be the fiscal.

Section 37.-The purpose of this is to consolidate the provisions relative to jurisdiction to conduct preliminary investigations and also to limit the exercise of such jurisdiction on the part of the cabecera justice to cases where he is directed so to exercise it by the judge of First Instance. This should prevent the abuses complained of in the way of unnecessarily calling witnesses and parties from a distant portion of the province.

The provision conferring upon the Manila justice the power to conduct such an investigation is for the purpose of relieving the Courts of First Instance of that burden. The office of the justice is located so near that of the prosecuting attorney that the investigation (which is usually a formal matter, though often requiring considerable time) may be conducted as conveniently before the justice as in the Court of First Instance. Besides, it is at least questionable whether the court who tries the case on the merits should be the one to investigate.

Section 38 makes the change of requiring transmittal of the record within five days as in criminal cases (G. Ŏ., No. 58, sec. 48) instead of allowing delay until a subsequent term. It also takes away the right of the justice to change his docket entries and leaves that to the Court of First Instance under its general power to order amendments (Act No. 190, sec. 110).

Sections 39 and 40 have been discussed under section 5.

Section 41 provides for the first time in the provinces a system equivalent to the coroner's inquest. Heretofore the Manila prosecuting attorney has had such powers and in some cases the president could make a general investigation, but there has been no provision for a real inquest upon corpses. It was thought best to confer this function upon the justice because it is a judicial one and he is the judicial officer nearest the scene.

CONCLUSION.

Such in brief are the changes wrought by the act, which after unusally careful consideration by the Commission will soon take effect.

It is not imagined that in this, more than in other cases, a perfect law has been enacted. Doubtless in due time deficiencies will appear and new difficulties will need to be met. But it is believed that this measure, if given a fair and friendly trial, ought to have the effect to

(1) Elevate the office of justice of the peace and improve the personnel of its incumbents; this by reason of enlarged opportunity for careful selection and greater attractiveness to the better class of citizens, through higher compensation, ampler privileges and concessions, and added importance, independence, and dignity in the position.

(2) Increase the efficiency of the justices' courts as by giving them jurisdiction in supplementary proceedings and to hold inquests, and making it clear that they can entertain actions to recover possession of personalty so that the barrio people need not

be forced to an expensive suit in the Court of First Instance to get back a stolen carabao or barota.

(3) Unify the system of primary courts so that all, including those of Manila, will be under the same kind of supervision, with the same method of compensation, observing the same rules of practice.

(4) Lessen the delays of litigation and especially the opportunities for mere dilatory proceedings; this by cutting off second appeals, requiring payment of docket fee in lower court, and prompt transmittal of record.

That these results are of the utmost importance and value no one will question. To attain them is it not worth while that all classes officials and private citizens, lawyers and litigants, judges and justices-work together earnestly to carry out the spirit as well as the letter of the new law and to render its provisions and purposes effective?

[No. 1628.]

AN ACT Extending the time for filing declarations of property and for paying property taxes for nineteen hundred and six without penalty in townships organized under the Township Government Act.

By authority of the United States, be it enacted by the Philippine Commission, that:

SECTION 1. The time for filing declarations of the value of property and for paying property taxes for nineteen hundred and six, without penalty, in townships organized under the Township Government Act is hereby extended to April first, nineteen hundred and seven. No penalty shall be collected on any declaration filed or property tax paid before said date.

SEC. 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 twentysixth, nineteen hundred.

SEC. 3. This Act shall take effect on its passage.
Enacted, March 30, 1907.

[No. 1629.]

AN ACT To amend Act Numbered Fifteen hundred and sixty-seven by extending for one month the time allowed for the operations of the several boards engaged in the assessment of land values and the time prescribed for the organization of the central equalizing board.

By authority of the United States, be it enacted by the Philippine Commission, that:

SECTION 1. Section one of Act Numbered Fifteen hundred and sixty-seven, entitled "An Act amending Act Numbered Fourteen hundred and ninety-six by extending the time allowed for the operations of the several boards engaged in the assessment of land values and also authorizing municipal boards of assessors to remain in session

during the entire month of December, nineteen hundred and six, and providing for the performance of additional duties by the Supervisor of Land Assessments, should the same be required," is hereby amended by striking out in paragraph (a) the words " March fifteenth, nineteen hundred and seven," and inserting in lieu thereof the words "April fifteenth, nineteen hundred and seven," and by striking out in paragraph (b) the words "three months" and inserting in lieu thereof the words "four months."

SEC. 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 twentysixth, nineteen hundred.

SEC. 3. This Act shall take effect on its passage.
Enacted, March 30, 1907.

[No. 1630.]

AN ACT Amending section seventy of Act Numbered Fourteen hundred and fifty-nine, entitled "The Corporation Law," as amended, by extending the time within which foreign corporations shall comply with the provisions of said Act.

By authority of the United States, be it enacted by the Philippine Commission, that:

SECTION 1. Act Numbered Fourteen hundred and fifty-nine, entitled "The Corporation Law," is hereby amended by striking out in section seventy, as amended, the words "thirteen months" and inserting in lieu thereof the words "seventeen months."

SEC. 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 twentysixth, nineteen hundred.

SEC. 3. This Act shall take effect on its passage.
Enacted, March 30, 1907.

[No. 1631.]

AN ACT To amend section fifteen of Act Numbered Seven hundred and eightyseven, entitled "An Act providing for the organization and government of the Moro Province."

By authority of the United States, be it enacted by the Philippine Commission, that:

SECTION 1. Section fifteen of Act Numbered Seven hundred and eighty-seven is hereby amended to read as follows:

SEC. 15. In each district of the Moro Province there shall be appointed by the provincial governor, with the consent of the legis lative council, a district governor and a district secretary. The office of district governor may be filled by proper detail of an army officer, with the consent of the legislative council. There shall also be a district treasurer who shall be appointed and his salary fixed by the

provincial treasurer, with the approval of the legislative council, in accordance with the provisions of the Civil Service Law. Whenever the legislative council shall decide that the duties of any district treasurer can be more economically or more efficiently performed by the provincial treasurer or a deputy provincial treasurer it may abolish the office of district treasurer in that district and require the duties thereof to be performed by the provincial treasurer, and may reëstablish said office when it shall deem such action expedient. The governors and the secretaries of the districts may be appointed without previous examination, but they shall be able after eighteen months of service to pass a satisfactory examination in the principal local dialect of their respective districts, and a failure to pass such examination shall be sufficient cause for removal from office."

SEC. 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 twentysixth, nineteen hundred.

SEC. 3. This Act shall take effect on its passage.
Enacted, April 25, 1907.

[No. 1632.]

AN ACT To authorize graduates of the Philippine Medical School who receive therefrom the degree of doctor of medicine to practice medicine and surgery in the Philippine Islands without taking the examination prescribed by Act Numbered Three hundred and ten, and to establish certain free scholarships in the Philippine Medical School to be awarded upon competitive examinations, and for other purposes.

By authority of the United States, be it enacted by the Philippine Commission, that:

SECTION 1. Any graduate of the Philippine Medical School, established by Act Numbered Fourteen hundred and fifteen, entitled "An Act establishing a medical school and defining the manner in which it shall be controlled and conducted," who shall receive therefrom the degree of doctor of medicine shall, upon presenting his diploma from said school to the Board of Medical Examiners for the Philippine Islands, be entitled to receive from said board, and said board shall issue to him, without examination, a certificate of registration, and upon duly recording the same in the office of the Register of Deeds in the province or provinces within which he may practice, or in the city of Manila, as the case may be, he shall be entitled to practice medicine and surgery in the Philippine Islands.

SEC. 2. Persons practicing medicine or surgery in the Philippine Islands under the terms of section one of this Act shall, in all other respects, be subject to the provisions and liable to the penalties provided in Act Numbered Three hundred and ten.

SEC. 3. There is hereby established for each province of the Philippine Islands one free scholarship in the Philippine Medical School, to be awarded under the following terms and conditions:

(a) There shall be held in each province, on June first, nineteen hundred and seven, under the general supervision of the Director of

Education and the immediate control of the division superintendent of schools, a competitive examination, to be prescribed by the Secretary of Public Instruction, which shall be at least equal to the examinations required for graduation from the high schools in the Philippine Islands, and the competitor in each province obtaining the highest general percentage above seventy-five per centum in each subject shall be awarded the Medical School scholarship corresponding to the province.

(6) The successful competitors shall be certified by the Director of Education to the board of control of the Philippine Medical School, and upon the approval of that board shall be duly matriculated in said school.

(c) Successful competitors shall thereupon become Government students, and shall be allowed the expenses of their transportation to Manila, their board, subsistence, and maintenance while in Manila attending the Philippine Medical School, not exceeding five hundred pesos per annum each, and their transportation returning to their provinces upon their receiving the degree of doctor of medicine: Provided, That any student failing to pass the prescribed examinations for entrance into the next higher year of the Medical School, or who shall violate any rule or regulation of said school resulting in expulsion, shall be denied the further privileges of scholarship, and shall be forthwith returned to his province at Government expense. (d) Each scholarship student who shall graduate from the Medical School with the degree of doctor of medicine, unless he shall accept appointment under the Government of the Philippine Islands or one of its branches, shall return to his province and practice medicine and surgery therein for a period at least equal to the time of his scholarship tuition, unless permission to do otherwise be granted by the Secretary of the Interior. Failure to comply with the terms of this section shall be deemed sufficient grounds for revocation of his license to practice medicine and surgery in the Philippine Islands in the same manner as are other offenses described by section eight of Act Numbered Three hundred and ten.

(e) No tuition, laboratory, or other fees shall be charged scholarship students in the Philippine Medical School.

SEC. 4. The sum of fifteen thousand pesos, or so much thereof as may be necessary, is hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, for carrying out the purposes of the preceding section of this Act. Said sum shall be expended by the Bureau of Education under the same general conditions as are the moneys appropriated for the education and maintenance of Philippine Government students in the United States. SEC. 5. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed.

SEC. 6. 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 twentysixth, nineteen hundred.

SEC. 7. This Act shall take effect on its passage.

Enacted, April 25, 1907.

« ForrigeFortsett »