PEOPLE: Who Is The Youngest Elected Senator In Philippine History, Maguindanaon Salipada K. Pendatun Or Benigno Aquino, Sr?

PEOPLE: Who Is The Youngest Elected Senator In Philippine History, Maguindanaon Salipada K. Pendatun Or Benigno Aquino, Sr?

Thinking Pinoy:  “BENIGNO AQUINO SR IS THE YOUNGEST SENATOR”? NO, NOT AT ALL.
Throughout my childhood, I have been taught that Ninoy Aquino’s father, Benigno Aquino Sr., is the Philippines’ youngest senator, and I guess all Filipino kids have been taught the same thing.

Rappler sang the same tune when it claimed that Benigno Aquino Sr was the youngest senator elected into office. Rappler said he was 33 years old upon his election in 1928 (https://bit.ly/2MNmgh0).

Rappler (https://bit.ly/2MNmgh0): FAST FACTS: Trivia on the Philippine Senate

Rappler compiles interesting tidbits and trivia on the Philippine Senate, which turns 100 this year

100TH ANNIVERSARY. The Senate of the Philippines with Manuel L. Quezon (back of the room) presiding, in the Marble Hall of the Ayuntamiento de Manila. Photo from the Official Gazette of the Philippines

100TH ANNIVERSARY. The Senate of the Philippines with Manuel L. Quezon (back of the room) presiding, in the Marble Hall of the Ayuntamiento de Manila. Photo from the Official Gazette of the Philippines

MANILA, Philippines – The Philippine Senate celebrates its centennial anniversary on Sunday, October 16, marking a long history from its roots as a legislative set-up under American rule.

With the enactment of the Jones Law, the Philippine Legislature was inaugurated on October 16, 1916, establishing what is now known as the Senate and the House of Representatives. (IN PHOTOS: Philippine Senate turns 100)

Throughout its long history, the institution weathered war and political storms.

Last year, former President Benigno Aquino III signed Proclamation No. 1091, s. 2015, declaring October 2015 to October 2016 as the “Centennial Year of the Senate of the Philippines.”

In honor of the 100th anniversary of the Senate, Rappler compiles interesting tidbits and trivia on this political institution and the men and women who have served under its august halls.

The firsts

  • First Muslim senator: Hadji Butu Abdul Baqui, representing the 12th senatorial district of Mindanao and Sulu from 1916 to 1919, and from 1922 to 1931. In the Senate, he pushed for more appropriations for the construction of schools, hospitals, roads, and bridges in Mindanao and Sulu.

  • First woman senator: Geronima Tomelden-Pecson, who served from 1947 to 1953. She headed the Senate Committees of Education, Health, Public Welfare, and the Joint Congressional Committee on Education. She was known for her work on laws on education, such as the Free and Compulsory Education Act and the Vocational Education Act.

  • First Filipina senator to be re-elected: Eva Estrada Kalaw, who chaired the Senate committee on games, amusements and tourism, and national minorities. She was senator from 1965 to 1972.

  • First Senate President: Manuel L. Quezon, who went on to become the first president of the Commonwealth of the Philippines. He was the second Philippine president after Emilio Aguinaldo.

  • First actor to become senator: Rogelio de la Rosa, a popular matinee idol and multi-awarded actor. De la Rosa entered politics with a successful bid for the Senate in 1957.

Age and longevity

  • Oldest living former senator: Helena Zoila Benitez was 102 years old when she died in 2016. She served from 1967 to 1972.
  • Oldest while in office: Juan Ponce Enrile was 92 years old when his term ended in 2016.
  • Youngest elected to office: Benigno Aquino Sr was 33 years old upon his election in 1928. His son, Benigno Aquino Jr, was also among the youngest elected senators; he was 35 when he assumed office in 1967.
  • Longest-serving senator: Lorenzo Tañada served for 4 terms from 1947 to 1971, for a total of 24 years.

How many senators eventually became president?

Of the Philippines’ 16 presidents so far, 10 were former senators:

  1. Manuel L. Quezon, 2nd President and first president of the Commonwealth of the Philippines
  2. Jose P. Laurel, 3rd president, during the Japanese occupation of Manila
  3. Sergio Osmeña, 4th president
  4. Manuel Roxas, 5th president
  5. Elpidio Quirino, 6th president
  6. Carlos P. Garcia, 8th president
  7. Ferdinand E. Marcos, 10th president
  8. Joseph Ejercito Estrada, 13th president
  9. Gloria Macapagal-Arroyo, 14th president
  10. Benigno Aquino III, 15th president

Abolished, shuttered, or not convened

LOCKED. Senators Doy Laurel, Eva Estrada Kalaw, Ramon Mitra, Gerry Roxas, and Jovito Salonga in 1973, outside the padlocked Senate Session Hall. Photo from “Doy Laurel” by Celia Diaz-Laurel, from the Official Gazette

LOCKED. Senators Doy Laurel, Eva Estrada Kalaw, Ramon Mitra, Gerry Roxas, and Jovito Salonga in 1973, outside the padlocked Senate Session Hall. Photo from “Doy Laurel” by Celia Diaz-Laurel, from the Official Gazette

There were two periods when the Senate was abolished, shuttered, or not able to convene:

1935 to 1945 – The 1935 Constitution provided for the shift to a unicameral Congress, then known as the National Assembly. A constitutional amendment in 1940 brought back the Senate and the House of Representatives, members of which were determined in the November 1941 elections.

However, in December 1941, Japanese forces started occupying the country during World War II. As a result, the 1941 poll winners were not able to convene until June 1945. During the Japanese occupation, the government’s legislative arm was the unicameral National Assembly, which held sessions from 1943 to 1944.

1972 to 1987 – Soon after the declaration of Martial Law, both houses of Congress were abolished. It was replaced by the appointed Batasang Bayan (1976-78), then the elected unicameral Interim Batasang Pambansa (1978-84) and the Regular Batasang Pambansa (1984-86). The current bicameral set-up – Senate and House of Representatives – was restored in the 1987 Constitution.

The Senate’s homes

Senators currently hold office at the GSIS Building in Pasay City, the institution’s home since May 1997. Prior to this, the Philippine Senate has called other locations its home:

  1. The Goldenberg Mansion, where the inaugural session of the Senate was held
  2. The Intendencia Building in Intramuros, occupied by the Senate from 1916 to 1926
  3. Legislative Building, which was initially intended to become the Philippine Library
  4. Temporary Congress Building, a school house along Lepanto St in Manila, after the Japanese occupation and the subsequent liberation of the Philippines left the Legislative Building in ruins
  5. Manila City Hall, from 1947 to 1948
  6. Legislative Building, which was rebuilt after the war and renamed “Congress – Republic of the Philippines”
  7. Legislative Building, this time renamed “Executive House” with the abolition of Congress when martial law was declared

(Source: https://www.rappler.com/newsbreak/iq/149332-trivia-philippine-senate )

 

Thinking PinoyA little research, however, showed that Aquino PR machine Rappler, who benefitted from a Php 40-million contract from the Noynoy Aquinoadministration (https://bit.ly/2oa4FSt), propounded FAKE NEWS.

Benigno Aquino Sr. was born on 03 September 1894 (https://bit.ly/2o7kQzY) and was elected Senator on 05 June 1928 (https://bit.ly/2MyGH1N) at the age of 33 yrs and 9 months.

Now, Maguindanaoan Salipada Pendatun was born on 03 December 1912 (https://bit.ly/2MRHQ3X) and was elected Senator on 23 April 1946 (per Commonwealth Act No. 725; https://bit.ly/2PyhT82) at the age of 33 years and 4 months.

Ninoy Aquino, meanwhile, was 35 when he was elected, so he doesn’t even count.

In short, Senator Pendatun — AND NEITHER OF THE TWO AQUINOS — is the youngest elected senator in Philippine History.

Even judging by the date of assumption of office, Pendatun still wins.

The 1928 Philippine Senate convened on 16 October 1928 per the Jones Law (https://bit.ly/2NikhhM), or when Benigno Aquino Sr. was 34 years and 1 month old.

The 1946 Philippine Senate convened on 25 May 1946 per Commonwealth Act No. 725 (https://bit.ly/2PyhT82), or when Pendatun was 33 years and 5 months old.

That makes Pendatun younger than Benigno Sr. by about 8 months.

This makes Pendatun the youngest Philippine Senator by any measure, so either Rappler has really crappy researchers, or it seriously needs to propagate yet another Aquino myth.

Yung totoo lang: yung mga ganyang klaseng researchers ba ang karapat-dapat gawaran ng pamahalaan ni Noynoy ng 10-million-peso “intelligence” contract? Parang naglolokohan naman tayo rito mga friends.

*****

The Manila Times (https://bit.ly/2oa4FSt): ‘Rappler got at least P40M from Aquino govt’

Secretary Romulo-Puyat must disclose details
NO wonder the online newsite Rappler managed to survive since its establishment in 2012 despite its huge expenses on expensive internet technology, in order to rank high in Google searches, among other aims, which couldn’t be recovered through advertising revenues.

No wonder it has been so much a tool of the past regime of Benigno Aquino 3rd, that it was even at the head of the pack that lynched Chief Justice Renato Corona, and now so vociferously anti-Duterte that it has been grossly exaggerating the number of people killed in the wake of the President’s anti-drug war.

According to documents and claims by very reliable sources, Rappler received as much as P40 million from 2014 to mid-2016 from government agencies in the form of dubious consultancies, “intelligence services,” and advertising revenues.

Call a spade a spade: Rappler has been the Aquino regime’s paid media.

Rappler allegedly badgered Aquino for the funding when its main stockholder Benjamin Bitanga started to distance himself from the outfit mid-2014, after putting about P50 million into the firm. Rappler, however, got about P100 million in funding in late 2015 from US outfits Omidyar and North Base Media. But that got it into serious legal trouble since foreigners are totally banned from media under our Constitution.

Documents made public recently showed that Aquino’s tourism secretary Ramon Jimenez signed a contract with Rappler (represented by its sales manager Carla Yap Sy Su) on August 28, 2014 for the tourism department to pay the outfit P9.6 million for just three months of service.

Anyone familiar with internet consultancy—or any kind of consultancy services—would be shocked how generous Jimenez was and at how anomalous the contract was.

In just a month and a half after the contract was signed, on October 15, Rappler was paid P3.2 million. The output? A vague “tourism intelligence report” and “launch of microsite and crowdsource platform for 1st city.”

After another month and a half, on November 31, 2014, Rappler was paid another P3.2 million for “2nd intelligence report” and “launch of microsite and crowdsource platform for 2nd city.” And then on December 31—in time to celebrate the New Year— another P3.2 million for similar mysterious reports. C’mon, do you know of any outfit that works so feverishly as to complete a report through December?

Anybody who reads the contract (parts of it accompany this column) would have absolutely no doubt how very questionable it is:

The Jimenez-Rappler contract was so brief—at just three pages—it was obviously done in haste and only to put something on paper.

In contrast to most consultancy contracts, there wasn’t even a reference to any other document (usually called “terms of reference”) that would detail exactly what the “intelligence reports,” “microsite,” “crowdsourcing platform” Rappler would produce that taxpayers would be paying P9.6 million for.

There is a reason why Jimenez and Rappler labeled the outfit’s services as “intelligence reports.” Jimenez could use the classification as an excuse to hide the contract from the Commission on Audit, claiming the confidential nature of “intelligence.”

The new tourism secretary Berna Romulo-Puyat should make public—if these exist at all—Rappler’s “intelligence reports” etc. for which her department paid P9.6 million. She should do this with haste to debunk the very strong allegations, made by my esteemed colleague Jojo Robles, that it was the previous secretary, Jimenez, who maneuvered to put her in the post and she is filling up the department with Yellow moles.

Rappler itself confirmed the P9.6 million contract in an article on its website on May 5, 2015. It was cowardly—or to evade legal issues—bylined though not by its editor Maria Ressa, but by “Rappler.com.”

Its response was curt. After saying that the contract was a “valid and legal advertising contract with the DoT in 2015, it claimed: “Commercial transactions between government agencies and media companies are not unique. The current DoT secretary herself says her agency also spent tens of millions of pesos for ads with ABS-CBN, GMA, CNN Philippines, CNN International, Discovery Channel, and the BBC.”

In just three sentences to answer the questions over its P9.6 million contract with government, its stupid writer admitted to Rappler’s financing by Aquino’s regime in different ways.

The P9.6 million questionable contracts were not for advertising, and not made in 2015. It was for Rappler to produce “tourism intelligence reports” and, obviously to confound the COA, “microsites” and “crowdsourcing platforms” in 2014.

Revealingly, Rappler’s own claim though that it had a “valid and legal advertising contract with the DoT in 2015” bolsters allegations by insiders in the department that Aquino had ordered it to heavily support the financially struggling outfit with advertising, which wasn’t justifed by its reach.

The sources claimed that from 2014 to the time Aquino stepped down in mid-2016, the tourism department and other government agencies—Pagcor and PCSO were mentioned as the main “suspects”—paid P20 million for their advertisements in Rappler. I myself at that time was suspicious at the many advertisements in the website on Philippine tourism sites.

Again, Secretary Romulo-Puyat at least should make public how much in advertising money her department had given to Rappler.

Rappler’s P9.6-million revenues from Aquino’s tourism department was unearthed by broadcast journalist Erwin Tulfo, obviously given to him by insiders in the agency. When it was disclosed in May, Rappler managed to skirt the issue by claiming that it was simply Tulfo’s way of evading the controversy of his and his siblings’ P60 million advertising contract with the department when it was headed by their sister Wanda Tulfo Teo.

Whether or not it is accurate, that has become irrelevant. The Tulfos have been put under extreme scrutiny not just by the public or even by the courts, if Sen. Antonio Trillanes 4th would have his way.

The disclosure of the Jimenez-Rappler contract though would bolster claims by insiders that there wasn’t just one P9.6 million but at least two more three-month contracts, that the Commission on Audit didn’t pay notice to. The first contract was contrived as a three-month period, in order to put it below the radar of the COA, which would have questioned not just its sloppiness and vagueness, but why it wasn’t bid out.

For Rappler to be used to the fullest of course was seen as necessary starting in late 2014 by the Yellow strategists, who thought it was a powerful propaganda weapon for the 2016 elections for Mar Roxas to win the presidency.

With the P9.6 million 2014 contract, P20 million in tourism advertising contract and at least one more for” intelligence services,” Rappler could have gotten P40 million from the Aquino government since the first payment in November 2014.

Not bad: That’s P2 million monthly in revenues up to the elections in May 2016. And it had P100 million from American firms. Not even the broadsheets make that much in revenues. What gets my goat is that this outfit claims to be a crusader for truth and transparency.

Secretary Romulo-Puyat should make public how much the past tourism department financed Rappler. I am confident that she will, even if she was with the Aquino government in its six years.

*****

https://bit.ly/2o7kQzY:

Today in Philippine History, September 3, 1894, Benigno Aquino Sr. was born in Murcia, Tarlac

Monday April 22, 2013 (5 years ago)

On September 3, 1894, Benigno Aquino Sr. was born in Murcia, Tarlac to Servillano Aquino, a general in the Philippine Revolution who later served as a member of the Malolos Congress and, Guadalupe Quiambao, daughter of a well-to-do couple, Pablo and Lorenza Quiambao.

Benigno Aquino Sr.
(Benigno Aquino Sr.)

After being taught the cartilla by a private tutor, the young Aquino studied under Bartolome Tablante in Angeles, Pampanga. Then he boarded at the school of Modesto Joaquin in Bacolor. In 1904, he entered the Colegio de San Juan de Letran as a boarding student. There, he reaped medals in oratory, and was the star pupil in the philosophy class. On March 8,1908, at age 13, he graduated from Letran with a Bachelor of Arts degree. Afterwards, he enrolled at the University of Santo Tomas to take up law. He completed his Bachelor of Laws degree in 1913 and, the following year, passed the bar.

In May 1916, Aquino married Maria Urquico, the youngest daughter of a Capitan Antonio, a rich rice merchant in Tarlac who came from an affluent family in Bulacan. As one of the country’s first certified public accountants in 1915, Maria worked as a bookkeeper for the family business at the time of the marriage. She and Benigno lived in a house near the Tarlac market where their first child, Antonio, was born. Three others followed: Servillano, Milagros, and Erlinda.

In 1928, his wife, Maria, died of cancer. Two years later, he married his third cousin Aurora Aquino, who was 16 years his junior. They had seven children: Mauro, Benigno Jr. (Ninoy), Ditas, Lupita, Agapito, Paul and Tessie.

Aquino served as representative of the second district of Tarlac (1919-1928), senator (1928-1934), and assemblyman (1935-1938). In 1938, after his stint in the legislature, he was appointed by President Quezon Secretary of Agriculture and Commerce and served until his resignation in 1941.

During the Japanese occupation, Aquino was among the members of the puppet government of President Jose P. Laurel. He was the secretary general of the KALIBAPI (Kapisanan ng Paglilingkod sa Bagong Pilipinas), a Filipino political party that served as the sole party of the state during the Japanese occupation. When the Japanese surrendered, he was arrested by the American military along with President Laurel and other prominent Filipino officials. In mid-September 1945, they joined the first prisoners of war to be sent to Tokyo’s Sugamo Prison. It was in that concentration camp that Aquino developed a heart condition, and twice collapsed from a stroke.

Laurel (second from left) being taken into U.S. custody at Osaka Airport in 1945, along with Benigno Aquino, Sr. (center) and Jose Laurel III (Photo credit: Wikipedia Commons).

On August 25, 1946, after almost a year at the Sugamo, he was flown home by a US Army plane. He was very haggard, having lost about 30 pounds. Arraigned before the People’s Court, he entered a plea of innocence to the charge of treason and petitioned for bail. On September 11, 1946, he was released provisionally from prison. During the remainder of the year, he stayed in Concepcion and nursed himself back to health.By 1947, Aquino was ready for a political comeback. He became close to then President Manuel Roxas. However, Roxas could not receive him openly as US Secretary of the Interior Harold Ickes had warned that the war-ravaged country could not expect material aid from the United States if the so-called Japanese “collaborators” were allowed to regain their influence in the Philippine government. And Roxas needed rehabilitation money very badly.

On the evening of December 20, 1947, the title fight between Manuel Ortiz, the world bantamweight boxing champion from Mexico, and Tirso del Rosario, the Filipino challenger from Tarlac was held at the Rizal Memorial Stadium in Manila. Aquino was among the spectators. When Del Rosario got knocked down in the fourth round, he suddenly jumped up. He had suffered a heart attack. Del Rosario lost the fight, and Aquino died of cardiac arrest.

Benigno Aquino Sr. was buried in Concepcion, Tarlac.

*****

UCA (https://bit.ly/2MyGH1N)

1. United States/Philippines (1898-1946)

Crisis Phase (December 10, 1898-October 31, 1899): The U.S. government formally acquired the Philippines from Spain with the signing of the Treaty of Paris on December 10, 1898.  The U.S. government declared military rule in the Philippines on December 21, 1898.  Emilio Aguinaldo, a Filipino nationalist, proclaimed the independence of the Philippines on January 5, 1899.  Emilio Aguinaldo established a rebel government in Malolos on January 23, 1899, and Emilio Aguinaldo was named president of the rebel government.  U.S. troops and Filipinos clashed in Manila on February 4, 1899.  U.S. troops took control of Jolo on the island of Sulu on May 18, 1899.

Conflict Phase (November 1, 1899-April 13, 1902):  Emilio Aguinaldo led a rebellion against the U.S. military government in the Philippines beginning on November 1, 1899.  Some 200 Filipino rebels commanded by General Licerio Geronimo attacked U.S. troops commanded by General Henry Ware Lawton near San Mateo on December 19, 1899, resulting in the deaths of General Lawton and 13 other U.S. soldiers.  U.S. troops clashed with Filipino rebels near Catubig on April 15-19, 1900, resulting in the deaths of some 150 rebels and at least 21 U.S. soldiers.  U.S. troops clashed with Filipino rebels near Cagayan de Misamis on June 4, 1900, resulting in the deaths of nine U.S. soldiers and one rebel.  U.S. troops clashed with Filipino rebels near Pulang Lupa on the island of Marinduque on September 13, 1900, resulting in the deaths of four U.S. soldiers.  U.S. troops commanded by Colonel Benjamin F. Cheatham, Jr. clashed with Filipino rebels commanded by General Juan Cailles near Mabitac on September 17, 1900, resulting in the deaths of 21 U.S. soldiers and 11 rebels.  Emilio Aguinaldo was captured by Filipino troops loyal to the U.S. government on March 23, 1901, and he was replaced by General Miguel Malvar as rebel leader.  Emilio Aguinaldo took an oath of allegiance to the U.S. government on April 19, 1901. Moros attacked U.S. troops in the town of Balangiga on the island of Samar on September 28, 1901, resulting in the deaths of some 48 U.S. soldiers and 28 Moros.  The U.S. military established and maintained concentration camps (reconcentrados) with some 298,000 Filipinos in the province of Batangas from January to April 1902, resulting in the deaths of some 8,350 Filipinos.  U.S. and Filipino troops suppressed the rebellion with the surrender of General Miguel Malvar on April 16, 1902. Some 200,000 Filipinos, 4,234 U.S. soldiers, and 20,000 Filipino soldiers were killed during the conflict.

Post-Conflict Phase (April 17, 1902-June 15, 1913):  U.S. troops commanded by Colonel Frank Baldwin clashed with Moros near Bayan on the island of Mindanao on May 2, 1902, resulting in the deaths of some 350 Moros and eleven U.S. soldiers.  The U.S. Congress approved the Philippines Act on July 1, 1902, which provided the Philippines with limited self-government. The U.S. government replaced the military government in the Philippines with a civilian government headed by William Howard Taft on July 4, 1902.  U.S. President Teddy Roosevelt proclaimed a general amnesty for Filipino rebels on July 4, 1902.  General Luke Wright was sworn in as U.S. governor of the Philippines on February 1, 1904.  Some 790 U.S. troops commanded by Colonel J. W. Duncan clashed with Moros near Bud Dajo on March 5-7, 1906, resulting in the deaths of hundreds of Moro men, women, and children.  Some 21 U.S. soldiers were also killed during the clashes near Bud Dajo.  Henry Clay Ide was sworn in as U.S. governor of the Philippines on April 2, 1906, and James Smith was sworn in as U.S. governor of the Philippines on September 20, 1906. The Nationalist Party (Partido Nacionalista,- PN) was established on March 12, 1907.  Legislative elections were held on July 30, 1907, and the Nationalist Party (Partido Nacionalista,- PN) won 59 out of 80 seats in the Philippines Assembly.  The Progressive Party (Partido Progresista – PP) won 16 seats in the Philippines Assembly.  The Philippines Assembly convened in Manila on October 16, 1907.  Legislative elections were held on November 2, 1909, and the Nationalist Party(Partido Nacionalista,- PN) won 62 out of 81 seats in the Philippines Assembly.  The Progressive Party (Partido Progresista – PP) won 17 seats in the Philippines Assembly.  Major General John J. Pershing was assumed the governorship of the Moro province on November 11, 1909.  On September 8, 1911, Major General Pershing issued an executive order for the complete disarmament of Moros in Moro province.  Legislative elections were held on June 4, 1912, and the Nationalist Party (Partido Nacionalista,- PN) won 62 out of 81 seats in the Philippines Assembly.  The Progressive Party (Partido Progresista – PP) won 16 seats in the Philippines Assembly.  U.S. troops suppressed the 14-year Moro rebellion in southern Philippines on June 15, 1913.  At least 10,000 Moros, 630 U.S. soldiers, 116 Philippines soldiers, and 750 Philippines police were killed during the rebellion.

Post-Crisis Phase (June 16, 1913-December 7, 1941):  Francis Harrison was sworn in as U.S. governor of the Philippines on August 21, 1913.  Legislative elections were held on June 6, 1916, and the Nationalist Party(Partido Nacionalista,- PN) won 75 out of 90 seats in the House of Representatives.  The U.S. Congress approved the Jones Act on August 29, 1916, which provided for a bicameral Philippines legislature including a House of Representatives and Senate.  Legislative elections were held on June 3, 1919, and the Nationalist Party (Partido Nacionalista,- PN) won 75 out of 90 seats in the House of Representatives.  General Leonard Wood was sworn in as U.S. governor of the Philippines on October 5, 1921.  Legislative elections were held on June 6, 1922, and the two major factions of the Nationalist Party (Partido Nacionalista,- PN) won 64 out of 93 seats in the House of Representatives.  The Philippines Assembly approved a resolution on November 19, 1924, which demanded “full and complete independence” from the U.S.  Legislative elections were held on June 2, 1925, and the Nationalist Party (Partido Nacionalista,- PN) won 64 out of 92 seats in the House of Representatives.  The Philippines Assembly presented a petition demanding independence to the U.S. Congress on December 7, 1925.  The Philippines Assembly approved a resolution calling for a plebiscite on independence on July 26, 1926, but the resolution was vetoed by Governor Wood.  Governor Wood died on August 7, 1927, and Henry Stimson was sworn in as U.S. governor of the Philippines on December 13, 1927.  Dwight Davis was sworn in as U.S. governor of the Philippines on May 17, 1929.  Legislative elections were held on June 5, 1928, and the Nationalist Party (Partido Nacionalista,- PN) won 71 out of 94 seats in the House of Representatives.  Legislative elections were held on June 2, 1931, and the Nationalist Party (Partido Nacionalista,- PN) won 66 out of 86 seats in the House of Representatives.  The U.S. Congress approved the Tydings-McDuffie Act on March 24, 1934, which promised independence to the Philippines in 12 years.  Legislative elections were held on June 5, 1934, and the pro-independence faction of the Nationalist Party (Partido Nacionalista,- PN) won 70 out of 92 seats in the House of Representatives.  The anti-independence faction of the Nationalist Party(Partido Nacionalista – PN) won 19 seats in the House of Representatives.  As called for in the Tydings-McDuffie Act of 1934, elections for delegates to the Constitutional Convention were held on July 10, 1934.  Benigno Ramos led a right-wing uprising against the government in Bulacan and Laguna provinces on May 1-2, 1935, resulting in the deaths of some 100 individuals.  Benigno Ramos fled to Japan.  A constitution establishing the Commonwealth of the Philippines was approved by 96 percent of voters in a referendum held on May 14, 1935.  Legislative elections were held on September 15, 1935, and Manuel Luis Quezón’s faction (pro-independence faction) of the Nationalist Party (Partido Nacionalista,- PN) won 64 out of 98 seats in the House of Representatives.  Sergio Osmeña’s faction of the Nationalist Party (Partido Nacionalista – PN) won 19 seats in the House of Representatives.  Manuel Luis Quezón of the Nationalist Party (Partido Nacionalista,- PN) was elected president of the Commonwealth on September 15, 1935.  The Commonwealth of the Philippines was formally established on November 15, 1935.  Legislative elections were held on November 8, 1938, and the Nationalist Party (Partido Nacionalista,- PN) won 98 out of 98 seats in the House of Representatives.  Several constitutional amendments, including the establishment of a bicameral Congress of the Philippines, were approved in a constitutional plebiscite held on June 18, 1940.  Legislative elections were held on November 2, 1941, and the Nationalist Party (Partido Nacionalista,- PN) won 95 out of 98 seats in the House of Representatives.  President Manuel Luis Quezón was re-elected with 82 percent of the vote on November 11, 1941.

Crisis Phase (December 8, 1941-October 17, 1945):  Japanese military aircraft attacked the U.S. government’s Clark airfield in the Philippines on December 8, 1941, resulting in the deaths of 80 U.S. military personnel.  Some 43,000 Japanese troops commanded by General Masaharu Homma invaded the islands of Luzon, Mindanao, and Jolo on December 22, 1941.  Japanese troops took control of Manila on January 2, 1942.  General Douglas MacArthur, commander of U.S. troops in the Philippines, was evacuated from Batann peninsula on March 11, 1942.  Some 12,000 U.S. troops and 58,000 Filipino troops commanded by General Edward King surrendered to Japanese troops on the island of Luzon on April 9, 1942.  U.S. government troops commanded by Major General Jonathan Wainwright surrendered to Japanese troops on the island of Corregidor on May 6, 1942.  President Manuel Luis Quezón fled to the U.S. and established the Commonwealth government-in-exile in Washington DC.  Under Japanese occupation, legislative elections for the National Assembly of the Second Republic of the Philippines were held on September 20, 1943, and the Kapisanan sa Paglilingkod sa Bagong Philinas – KALIBAPI led by Benigno Aquino, Sr. won 108 out of 108 seats in the National Assembly.  José Paciano Laurel was elected president of the Second Republic of the Philippines by the National Assembly on October 14, 1943.  President Manuel Luis Quezón died in the state of New York on August 1, 1944, and Vice-President Sergio Osmeña became president of the Commonwealth government-in-exile on August 1, 1944.  President José Paciano Laurel declared martial law in the Philippines on September 22, 1944, and declared a state of war with the U.S. and U.K. on September 23, 1944.  U.S. government troops commanded by General MacArthur landed on the island of Leyte on October 20, 1944.  Japanese naval ships withdrew from the Philippines region on October 25, 1944, and U.S. troops landed on the island of Samos on October 26, 1944.  U.S. troops captured the island of Leyte on December 24, 1944.  U.S. government troops attacked Japanese troops on the island of Luzon on January 9, 1945, and captured the island on August 15, 1945.  U.S. government troops captured the island of Corregidor on February 16-27, 1945.  U.S. government troops attacked Japanese troops on the island of Mindanao on April 17, 1945, and captured the island on August 15, 1945.  José Paciano Laurel, who had fled to Japan, formally resigned as president of the Philippines on August 17, 1945.  Japan formally surrendered to the U.S. on September 2, 1945.

Post-Crisis Phase (September 3, 1945-July 4, 1946):  Manuel Acuña Roxas of the liberal wing of the Nationalist Party (Partido Nacionalista,- PN) was elected president of the Commonwealth of the Philippines with 55 percent of the vote on April 23, 1946, and was inaugurated as president on April 28, 1946.  Legislative elections were held on April 23, 1946, and the liberal wing of the Nationalist Party (Partido Nacionalista,- PN) won 49 out of 98 seats in the House of Representatives.  The Nationalist Party (Partido Nacionalista,- PN) won 35 seats in the House of Representatives.  The Republic of the Philippines formally achieved its independence from the U.S. on July 4, 1946.

 *****
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www.senate.gov.ph (https://bit.ly/2MRHQ3X):
SALIPADA K. PENDATUN

Senator Datu Salipada K. Pendatun was a lawyer, military officer, legislator and national leader of many “ Firsts”.

Stocky and solidly built, he was the first and only Muslim who headed a combined Muslim Christian-American guerilla army, the first Filipino Muslim to be conferred the rank of Brigadier General, the first Muslim elected senator, the first to hold three Senate Committee Chairmanship at the same time, the first Muslim delegate to the United Nations and the first Muslim to become Speaker Pro-Tempore of the House Representatives. He was also a champion of the unification of the free world and exponent of the cause that a combination of Christian and Muslim free countries can successfully resist Communist aggression and domination.

When the South Vietnam situation became serious, Mr. Pendatun offered from 6,000 to 10,000 Filpino officers and men composed of the reserve officers of the Legion of the Philippines, of which he was the adviser and spokesman, and veterans who served under him in the guerilla army during the Japanese occfupation, to serve in beleaguered South Vietnam.

General Pendatun was a descendant of Sharif Kubungsuan, son of the Sultan of Jahor, Malaya and the first ruler of the Empire Province of Cotabato with the title of Sultan as Maguindanao.

Senator Pendatun, better known as “Sali” to friends, was born in Pikit, Cotabato, on December 3, 1912, of pure Filipino-Malayan Muslim parentage.

He completed his elementary and high school education in Cotabato, obtained his Associate in arts degree in 1934 and Bachelor of Laws degree in 1938, both from the University of the Philippines, and passed the bar examination also in 1938.

When the Japanese forces invaded the Philippines, he did not surrender to the Japanese Imperial Army and instead formed a large guerilla army of Muslims and Christians. American soldiers, who refused to surrender to the Japanese Army, also joined Pendatun’s guerilla outfit. He was the only Muslim leader who received the highest war awards from the United States, South Vietnam and the Philippines.

General Pendatun had served the country as member of the Cotabato Provincial Board (1938-1940); Provincial Governor of Cotabato (1945); Senator (1946-1951); President Elpidio Quirino’s technical adviser (1950-1953); Congressman for Cotabato (1957-1963); re-elected Senator (1969-1972); and Assemblyman at the Interim Batasang Pambansa (1978-1985).

He had also served as official member to various international conferences, including the United Nations in Paris and New York and represented the Philippine Government at the inauguration of the Indonesian Independence in Jakarta in 1949.

Senator Pendatun hit the limelight when he, together with Senator Tañada, voted against President Manuel A. Roxas Amnesty Proclamation for the collaborators of the last war. All the other 22 senators supported the amnesty proposal.

During his six-year term in the Senate, Senator Pendatun was chairman of the following important committees: Army, Navy and Military Pensions; Corporations, Banks and Franchises; and Special Organized Provinces.

Senator Pendatun was married to Aida S. Farales of Bulacan and Zambales. They had a twin daughter, Bai Moniera and Bai Zamrad, another daughter Bai Mariam, and only son Datu Salipada Khalid, Jr.

Senator Pendatun was the first and only Muslim who was married in a Catholic Church and retained his Islamicfaith with Pope’s dispensation.

Senator Salipada K. Pendatun – a martyr and hero for the Muslims.

*****

attorney.org.ph  (per Commonwealth Act No. 725; https://bit.ly/2PyhT82):

COMMONWEALTH ACT NO. 725

AN ACT TO PROVIDE FOR THE NEXT ELECTION FOR PRESIDENT AND VICE-PRESIDENT OF THE PHILIPPINES, SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, AND APPROPRIATING THE NECESSARY FUNDS THEREFOR.

Be it enacted by the Senate and House of Representatives in Congress assembled:

SECTION 1. The next election for President and Vice President of the Philippines, Senators and Members of the House of Representatives, shall be held on Tuesday, April twenty-three, nineteen hundred and forty-six, in accordance with the provisions of this Act and of Commonwealth Act Numbered Three hundred and fifty-seven, otherwise known as the Election Code, and Commonwealth Act Numbered Six hundred and fifty-seven, entitled “An Act to Reorganize the Commission on Elections”, in so far as they may be applicable and are not in conflict with the provisions hereof.

The term “national offices” used in the Election Code shall be understood to refer to the offices of President and Vice-President of the Philippines, Senator and Member of the House of Representatives; the term “Members of the National Assembly” used in the same Code shall be understood to refer to the Members of the House of Representatives, and the term “Secretary of the Interior” used in the same Code shall be understood to refer to the Commission on Elections.

SEC. 2. At least seventy days immediately prior to the day of the election, the certificates of candidacy for said election, in quadruplicate, subscribed and sworn to by the candidates themselves, shall be filed with the Commission on Elections, which shall immediately send copies of said certificates of candidacy to the Secretary of the Senate and the Secretary of the Housev of Representatives, and to the provincial or city treasurers of each province or city where the election shall be held who in turn must send immediately said copies to the board of election inspectors. The Commission on Ekections, upon receipt of said certificates of candidacy, shall communicate the names of said candidates by telegraph or radiogram to the corresponding provincial city treasurrer, who in turn must transmit the same immediately to the boards of elections inspectors within his jurisdiction. If the certificate of candidacy is sent by mail, it shall be by registered mail, and the date on which the envelope containing the certificate was deposited in the post office may be considered as the filing date of such certificate of candidacy. However, in case the post office wherein this envelope was deposited does not have registered mail facilities, the postmaker shall accept said envelope as ordinary mail, show the date on which it was deposited on the envelope, and in addition swear to a statement showing that he had received the said envelope on the same date, which date shall be considered as the filing date of such certificate of candidacy. In the absence of a postmaster, the duties pertaining to him shall be performed by the municipal treasurer.

The certificate of candidacy of a candidate who has been nominated by a political party as its official candidate may be filed by said political party without the signature or the oath of the candidate: Provided, That a political party having nominated candidates shall file with the Commission on Elections a certificate of such nominations subscribed and sworn to by the president and secretary of the corresponding political party.

In case two or more certificates of candidacy for different offices are filed by different political parties in favor of the same candidate, the certificate of candidacy filed by the party to which said candidate belongs shall prevail unless the candidatew concerned shall decide otherwise. If a candidate who files his own certificate of candidacy for one office is also nominated by one or more political parties for other offices, the certificate filed by the candidate himself shall prevail. A person occupying any civil office by appointment in the government or any of its political subdivisions or agencies or government-owned or controlled corporations, whether such office be appointive or elective, shall be considered to have resigned from such office from the moment of the filing of such certificate of candidacy.

SEC. 3. There shall be in each city or municipality a new list of voters wherein shall be registered electors who possess the qualifications prescribed by section ninety-three of the Election Code, and who are not disqualified under section ninety-four of the same Code. In order that a qualified elector may vote on the day of the election, it is necessary that his name shall appear in the new registry list: Provider, however, That the presentation of the residence certificate of voters shall not be required, nor shall documentary stamps be affixed in the voters’ affidavits or on any other document required by the board of inspectors.

SEC. 4. The board of election inspectors of each precinct shall hold four meetings in the place designated as polling place on the seventh Friday, seventh Saturday, sixth Friday, and sixth Saturday next preceding the date of election which days are declared official holidays. In these meetings, the board shall prepare as provided in the Election Code eight copies of the list of voters of the precinct wherein it shall register the qualified electors applying for registration. The board shall also meet on the second Saturday immediately preceding the day of the election for the purpose of making such inclusions, exclusions, and corrections as may be ordered by the courts, stating opposite every name so corrected, added or cancelled, the date of the order and the court which issued the same, and for the consecutive numbering of voters of the election precinct.

SEC.5. Officers and enlisted men of the Philippine Army or of the Military Police, who possess the necessary qualifications and who are not otherwise disqualified, except officers and enlisted men of the permanent regular army of the Philippines organized under the laws of the Philippines and officers and enlisted men that form part of the regular army of the United States in the Philippines, may vote in this election.

SEC. 6. The ballots which shall be used in this election shall be prepared in accordance with Article  VIII of the Election Code except that their size shall be one hundred and twenty millimeters wide and three hundred and fifty millimeters long exclusive of the stub and the coupon containing the detachable number of the ballots. The ballots shall be folded twice toward the bottom so that they shall, when folded, be about ninety by one hundred and twenty millimeters, with the entire coupon and its detachable number visible: Provide, however, That the space intended for member of the House of Representatives shall follow immediately that corresponding to Vice-President.

SEC. 7. After each day of registration of voters and before living the polling place, the board of inspectors shall issue a certificate of the total number of registered voters; and after the announcement of the result of the canvass and before leaving the polling place, the board of inspectors shall issue a certificate of the number of votes that each candidate had obtained in the election. Said number shall be written in words and not in figures. Copies of such certificates duly signed by all the members of the members of the board, including the poll clerk, shall be furnished to all watchers present.

An inspector who fails or refuses to issue the above mentioned certificate, or refuses to furnish a copy thereof to any watcher, or states any incorrect number of votes in favor of any candidate, shall be punished by imprisonment of not less than one year and one day nor more than five years, and shall be disqualified to hold any public office and to exercise the right of suffrage for a period of not less than one year nor more than nine years.

SEC. 8. One inspector and his substitute and the poll clerk of the board and his substitute, the latter two shall be public school teachers, shall be appointed upon the recommendation of the party which received the largest number of votes in the last national elections; one inspector and his substitute shall be recommended by the party that polled the next largest number of number of votes in the last national elections if such party had obtained not less than ten per cent of votes cast in such elections; and the third inspector and his substitute shall be chosen by the Commission on Elections and the said inspector or his substitute, who shall be public school teachers, shall preside over the board: Provided, That should the majority party be divided into two factions of national character with candidates for President, Vice-President and Senators, each faction shall have one inspector and his subtitute, and, in such case, the Commission on Elections shall name one additional inspector and one substitute who shall be public school teachers. The latter inspector shall preside over the board. In case of a tie in the board, the poll clerk shall vote.

SEC. 9. The provincial board of canvassers shall be composed of the provincial treasurer, the provincial auditor, and the division superintendent of schools. In Manila and other chartered cities it shall be composed of the city treasurer, the city fiscal and the city superintendent of schools.

SEC. 10. The provincial or city board of canvassers shal meet as soon as possible but not later than fifteen days next following the day of the election to canvass the votes cast in the preovince or city, and upon the completion of the canvass, shall make, as the case may be, a statement of all the votes received by each candidate for the offices of President and Vice-President, another statement of all the votes cast for the office of Senator, and another statement of all the votes cast for the office of Member of the House of Representatives for each legislative district. Upon the completion of the statements, the board shall, with respect to the election of the Member of the House of Representatives, proclaim elected the registered candidate for each legislative district who received the largest number of votes therein; but in case two or more candidates of the same district shall receive the same largest number of votes, the board shall proceed in accordance with section one hundred sixty of the Election Code.

With respect to the election of President, Vice-President and Senators, the board shall merely state and certify the number of votes polled by the candidates for said offices and shall forthwith send by registered mail the statement of votes for Senators to the Commission on Elections and the statement for President and Vice-President to the President of the Senate thru the Commission on Elections. Copies of the statement of the results of the election shall be made and signed by the members of the provincial or city board of canvassers and sealed with the seal of the province or city government. A copy of such statement shall be filed by the provincial or city treasurer in his office, and he shall send immediately by registered mail a copy thereof to the following: the Commission on Elections; the Secretaries of both Houses of Congress; and to each of the respective candidates who received the largest number of votes in the province or city.

SEC. 11. The Commission on Elections shall canvass the results for Senators as soon as the statements are received from every province and city but not later than May twenty, nineteen hundred and forty-six. The sixteen registered candidates who obtained the largest number of votes for the office of Senator shall be proclaimed elected. In case it shall appear from the results of the canvass of the votes for Senators that two or more candidates have received the same number of votes for the sixteenth place, the Commission on Elections, after recording this fact in the corresponding statement, shall, upon three days notice to all the tied candidates so that they or their duly authorized representatives may be present if they so desire, hold another public session at which they shall proceed to the drawing of lots of the candidates who have tied and shall proclaim the candidate who may be favored by luck. The candidate so proclaimed shall have the right to assume office in the same manner as if he had been elected by plurality vote. The Commission on Elections shall forthwith make a statement of the procedure followed in the drawing of lots, of its result, and of the subsequent proclamation. Certified copies of said statement shall be sent by registered mail to the Secretary of the Senate and to each of the tied candidates.

SEC. 12. The candidates for Member of the House of Representatives and those for Senator who have been proclaimed elected by the respective Board of Canvassers and the Commission on Elections shall assume office and shall hold regular session for the year nineteen hundred and forty-six on May twenty-five, nineteen hundred and forty-six. Within thirty-five days after the election has been held, both Houses of Congress shall meet in session and shall publicly count the votes cast for the officers of President and Vice-President, in accordance with Article VII, section two of the Constitution. The persons respectively having the largest number of votes for President and Vice-President shall be declared elected; but in case two or more candidates shall have an equal and largest number of votes for either office, one of them shall be chosen President or Vice-President, as the case may be, by a majority vote of the Members of Congress in joint session assembled.

SEC. 13. The President and Vice-President elected in accordance with this Act shall qualify and assume office on May twenty-eight, nineteen hundred and forty-six and their terms of office shall end at noon on the thirtieth day of December, nineteen hundred and forty-nine.

The term of office for the sixteen Senators elected under this Act shall begin on the day of their election. The term of the eight Senators who received the largest number of votes shall end on December twenty-nine, nineteen hundred and fifty-one, and that of the other eight Senators who ontained the next largest number of votes shall end on December twenty-nine, nineteen hundred and forty-nine. In case of a tie for the eighth place, the procedure established in section eleven shall be followed by the Senate.

The term of office of the Members of the House of Representatives elected under this Act shall begin on the day of their election and shall end on December twenty-nine, nineteen hundred and forty-nine.

SEC. 14. Every member of the board of election inspectors and poll clerk shall be entitled to a per diem of ten pesos for each day of actual service in the meetings of the board and for the day of the election they shall receive two days’ per diem.

Any government employee appointed by the Commission on Elections as member of the board of inspectors or poll clerk shall, in addition to his salary, receive five pesos per diem for each day of actual service rendered in the board and on the day of the election shall receive two days’ per diem.

For his services rendered during the holding of the election, the municipal treasurer shall, in addition to his salary, receive a compensation equal to the salary of an inspector on the day of the election.

SEC. 15. The sum appropriated in Commonwealth Act Numbered Seven hundred and twenty-three for the holding of the election provided for in this Act is hereby made available to defray expenses in connection therewith: Provided, That any amount of the expenditure necessary for the holding of sdaid election in excess of the sum therein appropriated shall e advanced from any fund in the Philippine Treasury to reimbursed in equal installments which shall be provided in later general appropriations acts.

SEC. 16. This Act shall take effect upon its approval, and shall govern only the election to be held for President, Vice-President, Senators, and Members of the House of Representatives on April twenty-three, nineteen hundred and forty-six.

Approved, January 5, 1946.

*****

August 29, 1916

[Public, No. 240]

TITLE

AN ACT TO DECLARE THE PURPOSE OF THE PEOPLE OF THE UNITED STATES AS TO THE FUTURE POLITICAL STATUS OF THE PEOPLE OF THE PHILIPPINE ISLANDS, AND TO PROVIDE A MORE AUTONOMOUS GOVERNMENT FOR THOSE ISLANDS.

PREAMBLE

Whereas it was never the intention of the people of United States in the incipiency of the war withSpainto make it a war of conquest or for territorial aggrandizement; and

Whereas it is, as it has always been, the purpose of the people of the United States to withdraw their sovereignty over Philippine Islands and to recognize their independence as soon as a stable government can be established therein; and

Whereas for the speedy accomplishment of such purpose it is desirable to place in the hands of the people of the Philippines as large a control of their domestic affairs as can be given them without, in the meantime, impairing the exercise of the rights of sovereignty by the people of the United States, in order that, by the use and exercise of popular franchise and governmental powers, they may be the better prepared to fully assume the responsibilities and enjoy all the privileges of complete independence: Therefore

Section 1.―The Philippines

Be it enacted by the Senate and House of Representatives the United States of America in Congress assembled, That the provisions of this Act and the name “The Philippines” as used in this Act shall apply to and include the Philippine Islands ceded to the United States Government by the treaty of peace concluded between the United States and Spain on the eleventh day of April, eighteen hundred and ninety-nine, the boundaries of which are set forth in Article III of said treaty, together with those islands embraced in the treaty between Spain and the United States concluded at Washington on the seventh day of November, nineteen hundred.

Section 2.―Philippine Citizenship and Naturalization

That all inhabitants of the Philippine Islands who were Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain, signed at Paris December tenth, eighteen hundred and ninety-eight, and except such others as have since become citizens of some other country:Provided, That the Philippine Legislature, herein provided for, is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within the foregoing provisions, the natives of the insular possessions of the United States, and such other persons residing in the Philippine Islands who are citizens of the United States, or who could become citizens of the United States under the laws of the United States if residing therein.

Section 3.―Bill of Rights

(a) Due process and eminent domain.―That no law shall be enacted in said Islands which shall deprive any person of life, liberty, or property without due process of law, or deny to any person therein the equal protection of the laws. Private property shall not be taken for public use without just compensation.

(b) Rights of persons accused of crime.―That in all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel, to demand the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to compel the attendance of witnesses in his behalf.

That no person shall be held to answer for a criminal offense without due process of law; and no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself.

That all persons shall before conviction be bailable by sufficient sureties, except for capital offenses.

(c) Obligation of contracts.―That no law impairing the obligation of contracts shall be enacted.

(d) Imprisonment for debt.―That no person shall be imprisoned for debt.

(e) Suspension of habeas corpus.―That the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion, insurrection, or invasion the public safety may require it, in either of which event the same may be suspended by the President, or by the Governor-General, wherever during such period the necessity for such suspension shall exist.

(f) Ex post facto laws, primogeniture, titles of nobility.―That no ex post facto law or bill of attainder shall be enacted nor shall the law of primogeniture ever be in force in the Philippines.

That no law granting a title of nobility shall be enacted, and no person holding any office of profit or trust in said Islands shall, without the consent of the Congress of the United States, accept any present, emolument, office, or title of any kind whatever from any king, queen, prince, or foreign state

(g) Bail and punishment.―That excessive bail shall not required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

(h) Unreasonable searches.―That the right to be secured against unreasonable searches and seizures shall not be violated.

(i) Slavery.―That slavery shall not exist in saidIslands; nor shall involuntary servitude exist therein except as a punishment for crime whereof the party shall have been duly convicted.

(j) Freedom of speech.―That no law shall be passed abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and petition the Government for redress grievances.

(k) Freedom of religion.―That no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed; and no religious test shall be required for the exercise of civil or political rights. No public money or property shall ever be appropriated, applied, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such.

(l) Poligamy.―Contracting of polygamous or plural marriages hereafter is prohibited. That no law shall be construed to permit polygamous or plural marriages.

(m) How public funds to be spent.―That no money shall be paid out of the treasury except in pursuance of an appropriation by law.

(n) Uniform tax.―That the rule of taxation in saidIslands shall be uniform.

(o) Subject and title of bills.―That no bill which may be enacted into law shall embrace more than one subject, and that subject shall be expressed in the title of the bill.

(p) Warrants of arrest.―That no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized

(q) Special funds.―That all money collected on any tax levied or assessed for a special purpose shall be treated as a special fund in the treasury and paid out for such purpose only.

Section 4.―Expenses of Government

That all expenses that may be incurred on account of the Government of the Philippines for salaries of officials and the conduct of their offices and departments, and all expenses and obligations contracted for the internal improvement or development of the Islands, not, however, including defenses, barracks, and other works undertaken by the United States, shall except as otherwise specifically provided by the Congress, be paid by the Government of the Philippines.

Section 5.―Inapplicability of American Statutes

That the statutory laws of the United States hereafter enacted shall not apply to the Philippine Islands, except when specifically so provided, or it is so provided in this Act.

Section 6.―Continuance of Philippine Laws

That the laws now in the Philippines shall continue in force and effect, except as altered, amended, or modified herein, until altered, amended, or repealed by the legislative authority herein provided or by act of Congress of the United States.

Section 7.―Legislative Power to Change Laws

That the legislative authority herein provided shall have power, when not inconsistent with this act, by due enactment to amend, alter, modify, or repeal any law, civil or criminal continued in force by this Act as it may from time to time see fit.

This power shall specifically extend with the limitation herein provided as to the tariff to all laws relating to revenue and taxation in effect in the Philippines.

Section 8.―General Legislative Power

That general legislative power, except as otherwise herein provided, is hereby granted to the Philippine legislature, authorized by this Act.

Section 9.―Public Property and Legislation on Public Domain, Timber and Mining

That all the property and rights which may have been acquired in the Philippine Islands by the United States under the treaty of peace with Spain, signed December tenth, eighteen hundred and ninety-eight, except such land or other property as has been or shall be designated by the President of the United States for military and other reservations of the Government of the United States, and all lands which may have been subsequently acquired by the Government of the Philippine Islands by purchase under the provisions of sections sixty-three and sixty-four of the Act of Congress approved July first, nineteen hundred and two, except such as may have heretofore been sold and disposed of in accordance with the provisions of said act of Congress, are hereby placed under the control of the government of said Islands to be administered or disposed of for the benefit of the inhabitants thereof, and the Philippine Legislature shall have power to legislate with respect to all such matters as it may deem advisable; but acts of the Philippine Legislature with reference to land of the public domain, timber, and mining hereafter enacted, shall not have the force of law until approved by the President of the United States: Provided, That upon the approval of such an act by the Governor-General, it shall be by him forthwith transmitted to the President of the United States, and he shall approve or disapprove the same within six months from and after its enactment and submission for his approval, and if not disapproved within such time it shall become a law the same as if it had been specifically approved: Provided, further,That where lands in the Philippine Islands have been or may be reserved for any public purpose of the United States, and, being no longer required for the purpose for which reserved, have been or may be, by order of the President, placed under the control of the government of said Islands to be administered for the benefit of the inhabitants thereof, the order of the President shall be regarded as effectual to give the government of said Islands full control and power to administer and dispose of such lands for the benefit of the inhabitants of said Islands.

Section 10.―Laws on Tariff, Immigration and Coinage

That while this Act provides that the Philippine Government shall have the authority to enact a tariff law the trade relations between the Islands and the United States shall continue to be governed exclusively by laws of the Congress of the United States: Provided, That tariff acts or acts amendatory to the tariff of the Philippine Islands shall not become law until they shall receive the approval of the President of the United States, nor shall any act of the Philippine Legislature affecting immigration or the currency or coinage laws of the Philippines become a law until it has been approved by the President of the United States: Provided, further, That the President shall approve or disapprove any act mentioned in the foregoing proviso within six months from and after its enactment and submission for his approval, and if not disapproved within such time it shall become a law the same as if it had been specifically approved.

Section 11.―Taxes and Public Debts

That no export duties shall be levied or collected on, exports from the Philippine Islands, but taxes and assessments on property, and license fees for franchises and privileges, and internal taxes, direct or indirect, may be imposed for the purposes of the Philippine Government and the provincial and municipal governments thereof, respectively, as may be provided and defined by acts of the Philippine Legislature, and, where necessary to anticipate taxes and revenues, bonds and other obligations may be issued by the Philippine Government or any provincial or municipal government therein, as may be provided by law and to protect the public credit: Provided, however, That the entire indebtedness of the Philippine Government created by the authority conferred therein shall not exceed at any one time the sum of $15,000,000, exclusive of those obligations known as friar land bonds, nor that of any province or municipality a sum in excess of seven per centum of the aggregate tax valuation of its property at any one time.

Section 12.―The Philippine Legislature

That general legislative powers in the Philippines, except as herein otherwise provided, shall be vested in a Legislature which shall consist of two houses, one the Senate and the other the House of Representatives, and the two houses shall be designated “the Philippine Legislature”: Provided, That until the Philippine Legislature as herein provided shall have been organized the existing Philippine Legislature shall have all legislative authority herein granted to the Government of the Philippine Islands, except such as may now be within the exclusive jurisdiction of the Philippine Commission, which is so continued until the organization of the Legislature herein provided for the Philippines. When the Philippine Legislature shall have been organized, the exclusive legislative jurisdiction and authority exercised by the Philippine Commission shall thereafter be exercised by the Philippine Legislature.

Section 13.―Election and Qualification of Senators

That the members of the Senate of the Philippines, except as herein provided, shall be elected for terms of six and three years, as hereinafter provided, by the qualified electors of the Philippines. Each of the senatorial districts defined as hereinafter provided shall have the right to elect two senators. No person shall be an elective member of the Senate of the Philippines who is not a qualified elector and over thirty years of age, and who is not able to read and write either the Spanish or English language, and who has not been a resident of the Philippines for at least two consecutive years and an actual resident of the senatorial district from which chosen for a period of at least one year immediately prior to his election.

Section 14.―Election and Qualifications of Representatives

That the members of the House of Representatives shall, except as herein provided, be elected triennially by the qualified electors of the Philippines. Each of the representative districts hereinafter provided for shall have the right to elect one representative. No person shall be an elective member of the House of Representatives who is not a qualified elector and over twenty-five years of age, and who is not able to read and write either the Spanish or English language, and who has not been an actual resident of the district from which elected for at least one year immediately prior to his election: Provided,That the members of the present Assembly elected on the first Tuesday in June, nineteen hundred and sixteen, shall be the members of the House of Representatives from their respective districts for the term expiring in nineteen hundred and nineteen.

Section 15.―Qualifications of Voters

That at the first election held pursuant to this Act, the qualified electors shall be those having the qualifications of voters under the present law; thereafter and until otherwise provided by the Philippine Legislature herein provided for the qualifications of voters for senators and representatives in the Philippines and all officers elected by the people shall be as follows:

Every male person who is not a citizen or subject of a foreign power twenty-one years of age or over (except insane and feeble-minded persons and those convicted in a court of competent jurisdiction of an infamous offense since the thirteenth day of August, eighteen hundred and ninety-eight) who shall have been a resident of the Philippines for one year and of the municipality in which he shall offer to vote for six months next preceding the day of voting, and who is comprised within one of the following classes:

(a) Those who under existing law are legal voters and have exercised the right of suffrage.

(b) Those who own real property to the value of 500 pesos, or who annually pay 30 pesos or more of the established taxes.

(c) Those who are able to read and write either Spanish, English, or a native language.

Section 16.―Senate and Representative Districts, and Appointive Senators and Representatives

That the Philippine Islands shall be divided into twelve senate districts, as follows:

First district: Batanes, Cagayan, Isabela, Ilocos Norte, and Ilocos Sur.

Second district: La Union, Pangasinan, and Zambales.

Third district: Tarlac, Nueva Ecija, Pampanga, and Bulacan.

Fourth district: Bataan, Rizal, Manila, and Laguna.

Fifth district: Batangas, Mindoro, Tayabas, and Cavite.

Sixth district: Sorsogon, Albay, and Ambos Camarines.

Seventh district: Iloilo and Capiz.

Eight district: Negros Occidental, Negros Oriental, Antique, and Palawan.

Ninth district: Leyte and Samar.

Tenth district: Cebu.

Eleventh district: Surigao, Misamis, and Bohol.

Twelfth district: The Mountain Province, Baguio, Nueva Vizcaya, and the Department of Mindanao and Sulu.

The representative districts shall be the eighty-one now provided by law, and three in the Mountain Province, one in Nueva Vizcaya, and five in the Department of Mindanao and Sulu.

The first election under the provisions of this Act shall be held on the first Tuesday of October, nineteen hundred and sixteen, unless the Governor-General in his discretion shall fix another date not earlier than thirty nor later than sixty days after the passage of this Act: Provided, That the Governor-General’s proclamation shall be published at least thirty days prior to the date fixed for the election, and there shall be chosen at such election one senator from each senate district for a term of three years and one for six years. Thereafter one senator from each district shall be elected from each senate district for a term of six years: Provided, That the Governor-General of the Philippine Islands shall appoint, without the consent of the Senate and without restriction as to residence, senators and representatives who will, in his opinion, best represent the senate district and those representative districts which may be included in the territory not now represented in the Philippine Assembly: Provided further, That thereafter elections shall be held only on such days and under such regulations as to ballots, voting, and qualifications of electors as may be prescribed by the Philippine Legislature, to which is hereby given authority to redistrict the Philippine Islands and modify, amend, or repeal any provision of this section, except such as refer to appointive senators and representatives.

Section 17.―Tenure of Senators and Representatives

That the terms of office of elective senators and representatives shall be six and three years, respectively, and shall begin on the date of their election. In case of vacancy among the elective members of the Senate or in the House of Representatives, special elections may be held in the districts wherein such vacancy occurred under such regulations as may be prescribed by law, but senators or representatives elected in such cases shall hold office only for the unexpired portion of the term wherein the vacancy occurred. Senators and representatives appointed by the Governor-General shall hold office until removed by the Governor-General.

Section 18.―Organization of the Legislature and Privileges of Members

(a) Control of each house over its members and proceedings.―That the Senate and House of Representatives, respectively, shall be the sole judges of the elections, returns, and qualifications of their elective members, and each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel an elective member.

(b) Organization, quorum, and sessions.―Both houses shall convene at the capital on the sixteenth day of October next following the election and organize by the election of a speaker or a presiding officer, a clerk, and a sergeant-at-arms for each house, and such other officers and assistants as may be required. A majority of each house shall constitute a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members. The Legislature shall hold annual sessions, commencing on the sixteenth day of October, or, if the sixteenth day of October be a legal holiday, then on the first day following which is not a legal holiday, in each year. The Legislature may be called in special session at any time by the Governor-General for general legislation, or for action on such specific subjects as he may designate. No special session shall continue longer than thirty days, and no regular shall continue longer than one hundred days, exclusive of Sundays.

The Legislature is hereby given the power and authority to change the date of the commencement of its annual sessions.2

(c) Compensation and privileges of members.―The senators and representatives shall receive an annual compensation for their services, to be ascertained by law, and paid out of the treasury of the Philippine Islands. The senators and representatives shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place.

(d) Disqualifications of members.―No senator or representative shall, during the time for which he may have been elected, be eligible to any office the election to which is vested in the Legislature, nor shall be appointed to any office of trust or profit which shall have been created or the emoluments of which shall have been increased during such term.

Section 19. ― Procedure for Law-Making

(a) Legislative journal and the veto power.―That each house of the Legislature shall keep a journal of its proceedings and, from time to time, publish the same; and the yeas and nays of the members of either house, on any question, shall, upon demand of one-fifth of those present, be entered on the journal, and every bill and joint resolution which shall have passed both houses shall, before it becomes a law, be presented to the Governor-General. If he approve the same, he shall sign it; but if not, he shall return it with his objections to that house in which it shall have originated, which shall enter the objections at large on its journal and proceed to reconsider it. If, after such reconsideration, two-thirds of the members elected to that house shall agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of all the members elected to that house it shall be sent to the Governor-General, who, in case he shall then not approve, shall transmit the same to the President of the United States. The vote of each house shall be by the yeas and nays, and the names of the members voting for and against shall be entered on the journal. If the President of the United States approve the same, he shall sign it and it shall become a law. If he shall not approve the same, he shall return it to the Governor-General, so stating, and it shall not become a law:Provided, That if any bill or joint resolution shall not be returned by the Governor-General as herein provided within twenty days (Sundays excepted) after it shall have been presented to him the same shall become a law in like manner as if he had signed it, unless the Legislature by adjournment prevent its return, in which case it shall become a law unless vetoed by the Governor-General within thirty days after adjournment: Provided, further,That the President of the United States shall approve or disapprove an act submitted to him under the provisions of this section within six months from and after its enactment and submission for its approval; and if not approved within such time, it shall become a law the same as if it had been specifically approved.

(b) The veto on appropriations.―The Governor-General shall have the power to veto any particular item or items of an appropriation bill, but the veto shall not affect the item or items to which he does not object. The item or items objected to shall not take effect except in the manner heretofore provided in this section as to bills and joint resolutions returned to the Legislature without his approval.

(c) Report of laws to Congress.―All laws enacted by the Philippine Legislature shall be reported to the Congress of the United States, which hereby reserves the power and authority to annul the same.

(d) Revisal of former appropriations.―If at the termination of any fiscal year the appropriations necessary for the support of Government for the ensuing fiscal year shall not have been made, the several sums appropriated in the last appropriation bills for the objects and purposes therein specified, so far as the same may be done, shall be deemed to be reappropriated for the several objects and purposes specified in said last appropriation bill; and until the Legislature shall act in such behalf the treasurer shall, when so directed by the Governor-General, make the payments necessary for the purposes aforesaid.

Section 20.―The Resident Commissioners

(a) Selection and tenure.―That at the first meeting of the Philippine Legislature created by this Act and triennially thereafter there shall be chosen by the Legislature two Resident Commissioners to the United States, who shall hold their office for a term of three years beginning with the fourth day of March following their election, and who shall be entitled to an official recognition as such by all Departments upon presentation to the President of a certificate of election by the Governor-General of said Islands.

(b) Compensation.―Each of said Resident Commissioners shall, in addition to the salary and the sum in lieu of mileage now allowed by law, be allowed the same sum for stationery and for the pay of necessary clerk hires as is now allowed to the members of the House of Representatives of the United States, to be paid out of the Treasury of the United States, and the franking privilege allowed by law to members of Congress.

(c) Qualifications.―No person shall be eligible to election as Resident Commissioner who is not a bona fide elector of said Islands and who does not owe allegiance to the United States and who is not more than thirty years of age and who does not read and write the English language. The present two Resident Commissioners shall hold office until the fourth of March, nineteen hundred and seventeen.

(d) Temporary vacancy.―In case of vacancy in the position of Resident Commissioner caused by resignation or otherwise, the Governor-General may make temporary appointments until the next meeting of the Philippine Legislature, which shall then fill such vacancy; but the Resident Commissioner thus elected shall hold office only for the unexpired portion of the term wherein the vacancy occurred.

Section 21.―The Governor-General

(a) Title, appointment, residence.―That the supreme executive power shall be vested in an executive officer, whose official title shall be “The Governor-General of the Philippine Islands.” He shall be appointed by the President, by and with the advice and consent of the Senate of the United States, and hold his office at the pleasure of the President and until his successor is chosen and qualified. The Governor-General shall reside in the Philippine Islands during his official incumbency, and maintain his office at the seat of Government.

(b) Powers and duties.―He shall, unless otherwise herein provided, appoint, by and with the consent of the Philippine Senate, such officers as may now be appointed by the Governor-General, or such as he is authorized by this Act to appoint, or whom may hereafter be authorized by law to appoint; but appointments made while the Senate is not in session shall be effective either until disapproval or until the next adjournment of the Senate. He shall have general supervision and control of all of the departments and bureaus of the Government in the Philippine Islands as far as is not inconsistent with the provisions of this Act, and shall be commander in chief of all locally created armed forces and militia. He is hereby vested with the exclusive power to grant pardons and reprieves and remit fines and forfeitures, and may veto any legislation enacted as herein provided. He shall submit within ten days of the opening of each regular session of the Philippine Legislature a budget of receipts and expenditures, which shall be the basis of the annual appropriation bill. He shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of the Philippine Islands of the United States operative within the Philippine Islands, and whenever it becomes necessary he may call upon the commanders of the military and naval forces of the United States in the Islands, or summon the posse comitatus, or call out the militia or other locally created armed forces, to prevent or suppress lawless violence, invasion, insurrection, or rebellion; and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privileges of the writ of habeas corpus, or place the Islands, or any part thereof, under martial law:Provided, That whenever the Governor-General shall exercise his authority, he shall at once notify the President of the United States thereof, together with the attending facts and circumstances and the President shall have power to modify or vacate the act of the Governor-General.

(c) Report of the Governor-General.―He shall annually and at such other times as he may be required make such official report of the transactions of the Government of the Philippine Islands to an executive department of the United States to be designated by the President, and his said annual report shall be transmitted to the Congress of the United States; and he shall perform such additional duties and functions as may in pursuance of the law be delegated or assigned to him by the President.

Section 22.―The Executive Departments and the Legislature

(a) Temporary continuance of executive heads.―That, except as provided otherwise in this Act, the executive departments of the Philippine Government shall continue as now authorized by law until otherwise provided by the Philippine Legislature. When the Philippine Legislature herein provided shall convene and organize, the Philippine Commission, as such, shall cease and determine, and the members thereof shall vacate their offices as members of said Commission: Provided, That the heads of executive departments shall continue to exercise their executive functions until the heads of departments provided by the Philippine Legislature pursuant to the provisions of this Act are appointed and qualified.

(b) Legislative powers over the departments, and limitations of such.―The Philippine Legislature may thereafter by appropriate legislation increase the number or abolish any of the executive departments, or make such changes in the names and duties thereof as it may see fit, and shall provide for the appointment and removal of the heads of the executive departments by the Governor-General: Provided, That all executive functions of the Government must be directly under the Governor-General or within one of the executive departments under the supervision and control of the Governor-General

(c) Provisions for a bureau for non-Christians.―There is hereby established a bureau, to be known as the Bureau of Non-Christian Tribes, which said bureau shall be embraced in one of the executive departments to be designated by the Governor-General, and shall have general supervision over the public affairs of the inhabitants of the territory represented in the Legislature by appointive senators and representatives.

Section 23.―The Vice-Governor

(a) Appointment and powers; Bureaus of Education and Health.―That there shall be appointed by the President, by and with the advice and consent of the Senate of the United States, a Vice-Governor of the Philippine Islands, who shall have all the powers of the Governor-General in the case in the of a vacancy or temporary removal, resignation, or disability of the Governor-General, or in case of his temporary absence; and the said Vice-Governor shall be the head of the executive department, known as the Department of Public Instruction, which shall include the Bureau of Education and the Bureau of Health, and he may be assigned such other executive duties as the Governor-General may designate.

(b) Bureaus under the Department of the Interior.―Other bureaus now included in the Department of Public Instruction shall, until otherwise provided by the Philippine Legislature, be included in the Department of the Interior.

(c) Succession to the office of Governor-General.―The President may designate the head of an executive department of the Philippine government to act as Governor-General in the case of a vacancy, the temporary removal, resignation, or disability of the Governor-General and the Vice-Governor, or their temporary absence, and the head of the department thus designated shall exercise all the powers and perform all the duties of the Governor-General during such vacancy, disability, or absence.

Section 24.―The Insular Auditor

(a) Appointment, powers, duties.―That there shall be appointed by the President an Auditor, who shall examine, audit, and settle all accounts pertaining to the revenues and receipts from whatever source of the Philippine Government and of the provincial and municipal governments of the Philippines, including trust funds derived from bond issues; and audit, in accordance with law and administrative regulations, all expenditures of funds or Property pertaining to or held in trust by the Government or the Provinces or municipalities thereof. He shall perform a like duty with respect to all Government branches.

He shall keep the general accounts of the Government and preserve the vouchers pertaining thereto.

It shall be the duty of the Auditor to bring to the attention of the proper administrative officer expenditures of funds or property which, in his opinion, are irregular, unnecessary, excessive, or extravagant.

(b) Deputy Auditor and Assistant.―There shall be a Deputy Auditor appointed in the same manner as the Auditor. The Deputy Auditor shall sign such official papers as the Auditor may designate and perform such other duties as the Auditor may prescribe, and in case of the death, resignation, sickness, or other absence of the Auditor from his office, from any cause, the Deputy Auditor shall have charge of such office. In case of the absence from duty, from any cause, of both the Auditor and the Deputy Auditor, the Governor-General may designate an assistant, who shall have charge of the office.

(c) Jurisdiction of Auditor.―The administrative jurisdiction of the Auditor over accounts, whether of funds or property, and all vouchers and records pertaining thereto, shall be exclusive. With the approval of the Governor-General he shall from time to time make and promulgate general or special rules and regulations not inconsistent with law covering the method of accounting for public funds and property, and funds and property held in trust by the Government or any of its branches:Provided, That any officer accountable for public funds or property may require such additional reports or returns from his subordinates or others as he may deem necessary for his own information and protection.

(d) Decisions of Auditor.―The decisions of the Auditor shall be final and conclusive upon the executive branches of the Government, except that appeal therefrom may be taken by the party aggrieved or the head of the department concerned within one year, in the manner hereinafter prescribed. The Auditor shall, except as hereinafter provided, have like authority as that conferred by law upon the several auditors of the United States and the Comptroller of the United States Treasury and is authorized to communicate directly with any persons having claims before him for settlement, or with any department, officer, or person having official relations with his office.

(e) Financial reports.―As soon after the close of each fiscal year as the accounts of said year may be examined and adjusted the auditor shall submit to the Governor-General and the Secretary of War an annual report of the fiscal concerns of the Government, showing the receipts and disbursements of the various departments and bureaus of the Government and of the various provinces and municipalities, and make such other reports as may be required of him by the Governor-General or the Secretary of War.

(f) Right of investigation.―In the execution of their duties the Auditor and the Deputy Auditor are authorized to summon witnesses, administer oaths, and to take evidence, and, in the pursuance of these provisions, may issue subpoenas and enforce the attendance of witnesses, as now provided by law.

(g) Supervision.―The office of the Auditor shall be under the general supervision of the Governor-General and shall consist of the Auditor and Deputy Auditor and such necessary assistants as may be prescribed by law.

Section 25.―Appeal from Auditor’s Decision

(a) Time and form, of appeal.―That any person aggrieved by the action or decision of the Auditor in the settlement of his account or claim may, within one year, take an appeal in writing to the Governor-General, which appeal shall specifically set forth the particular action of the Auditor to which exception is taken with the reason and authorities relied on for reversing such decision.

(b) Final decision.―If the Governor-General shall confirm the action of the Auditor, he shall so indorse the appeal and transmit it to the Auditor, and the action shall thereupon be final and conclusive. Should the Governor-General fail to sustain the action of the Auditor, he shall forthwith transmit his grounds of disapproval to the Secretary of War, together with the appeal and the papers necessary to a proper understanding of the matter. The decision of the Secretary of War in such case shall be final and conclusive.

Section 26.―The Judiciary

(a) Jurisdiction of courts and appointment of judges.―That the Supreme Court and the Courts of First Instance of the Philippine Islands shall possess and exercise jurisdiction as heretofore provided and such additional jurisdiction as shall hereafter be prescribed by law. The municipal courts of said Islands shall possess and exercise jurisdiction as now provided by law, subject in all matters to such alteration and amendment as may be hereafter enacted by law; and the chief justice and associate justices of the supreme court shall hereafter be appointed by the President, by and with the advice and consent of the Senate of the United States. The judges of the court of first instance shall be appointed by the Governor-General, by and with the advice and consent of the Philippine Senate: Provided, That the admiralty jurisdiction of the supreme court and courts of first instance shall not be changed except by act of Congress. That in all cases pending under the operation of existing laws, both criminal and civil, the jurisdiction shall continue until final judgment and determination.

Section 27.―Cases Appealable to the United States Supreme Court

That the Supreme Court of the United States shall have jurisdiction to review, revise, reverse, modify, or affirm the final judgments and decrees of the supreme court of the Philippine Islands in all actions, cases, causes, and proceedings now pending therein or hereafter determined thereby in which the Constitution or any statute, treaty, title, right or privilege of the United States is involved, or in causes in which the value in controversy exceeds $25,000, or in which the title or possession of real estate exceeding in value the sum of $25,000, to be ascertained by the oath of either party or of other competent witnesses, is involved or brought in question; and such final judgments or decrees may and can be reviewed, revised, modified, or affirmed by said Supreme Court of the United States on appeal or writ of error by the party aggrieved within the same time, in the same manner, under the same regulation, and by the same procedure, as far as applicable, as the final judgments and decrees of the district courts of the United States.3

Section 28.―Franchises

(a) Scope of franchises and power to change them.―That the Government of the Philippine Islands may grant franchises and rights, including the authority to exercise the right of eminent domain, for the construction and operation of works of public utility and service, and may authorize said works to be constructed and maintained over and across the public property of the United States, including streets, highways, squares, and reservations, and over similar property of the Government of said Islands, and may adopt rules and regulations under which the provincial and municipal governments of the Islands may grant the right to use and occupy such public property belonging to said provinces or municipalities:Provided, That no private property shall be damaged or taken for any purpose under this section without just compensation, and that such authority to take and occupy land shall not authorize the taking, use, or occupation of any land except such as is required for the actual necessary purposes for which the franchise is granted, and that no franchise or right shall be granted to any individual, firm, or corporation except under the conditions that it shall be subject to amendment, alteration, or repeal by the Congress of the United States, and that lands or right of use and occupation of lands thus granted shall revert to the governments by which they were respectively granted upon the termination of the franchises and rights under which they were granted or upon the revocation or repeal.

(b) Conditions on grant of franchise, and revocation.―That all franchises or rights granted under this Act shall forbid the issue of stock or bonds except in exchange for actual cash or for property at a fair valuation equal to the par value of the stock or bonds so issued; shall forbid the declaring of stock or bond dividends, and, in the case of public service corporations, shall provide for the effective regulation of the charges thereof, for the official inspection and regulation of the books and accounts of such corporations, and for the payment of a reasonable percentage of gross earnings into the treasury of the Philippine Islands or of the province or municipality within which such franchises are granted and exercised:Provided, further, That it shall be unlawful for any corporation organized under this Act, or for any person, company, or corporation receiving any grant, franchise, or concession from the Government of said Islands, to use, employ, or contract for the labor of persons held in involuntary servitude; and any person, company, or corporation so violating the provisions of this Act shall forfeit all charters, grants, or franchises for doing business in said Islands, in an action or proceeding brought for that purpose in any court of competent jurisdiction by any officer of the Philippine Government, or on the complaint of any citizen of the Philippines, under such regulations and rules as the Philippine Legislature shall prescribe, and in addition shall be deemed guilty of an offense, and shall be punished by a fine of not more than $10,000.

Section 29.―Salaries

(a) Funds for salaries.―That, except as in this Act otherwise provided, the salaries of all the officials of the Philippines not appointed by the President, including deputies, assistants, and other employees, shall be such and be so paid out of the revenues of the Philippines as shall from time to time be determined by the Philippine Legislature; and if the Legislature shall fail to make an appropriation for such salaries, the salaries so fixed shall be paid without the necessity of further appropriations therefor. The salaries of all officers and all expenses of the offices of the various officials of the Philippines appointed as herein provided by the President shall also be paid out of the revenues of the Philippines

(b) Salaries of certain officers.―The annual salaries of the following-named officials appointed by the President and so to be paid shall be: The Governor-General, $18,000; in addition thereto he shall be entitled to the occupancy of the buildings heretofore used by the chief executive of the Philippines, with the furniture and effects therein, free of rental; Vice-Governor, $10,000; Chief Justice of the Supreme Court, $8,000; Associate Justice of the Supreme Court, $7,500 each; Auditor, $6,000; Deputy Auditor, $3,000.

Section 30.―Salaries of Municipal and Provincial Officers

That the provisions of the foregoing section shall not apply to provincial and municipal officials; their salaries and the compensation of their deputies, assistants, and other help, as well as all other expenses insured by the provinces and municipalities, shall be paid out of the provincial and municipal revenues in such manner as the Philippine Legislature shall provide.

Section 31.―Continuance of Laws

That all laws or parts of laws applicable to the Philippines not in conflict with any of the provisions of this Act are hereby continued in force and effect.

Approved, August 29, 1916.

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COMMONWEALTH ACT NO. 725

AN ACT TO PROVIDE FOR THE NEXT ELECTION FOR PRESIDENT AND VICE-PRESIDENT OF THE PHILIPPINES, SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, AND APPROPRIATING THE NECESSARY FUNDS THEREFOR.

Be it enacted by the Senate and House of Representatives in Congress assembled:

SECTION 1. The next election for President and Vice President of the Philippines, Senators and Members of the House of Representatives, shall be held on Tuesday, April twenty-three, nineteen hundred and forty-six, in accordance with the provisions of this Act and of Commonwealth Act Numbered Three hundred and fifty-seven, otherwise known as the Election Code, and Commonwealth Act Numbered Six hundred and fifty-seven, entitled “An Act to Reorganize the Commission on Elections”, in so far as they may be applicable and are not in conflict with the provisions hereof.

The term “national offices” used in the Election Code shall be understood to refer to the offices of President and Vice-President of the Philippines, Senator and Member of the House of Representatives; the term “Members of the National Assembly” used in the same Code shall be understood to refer to the Members of the House of Representatives, and the term “Secretary of the Interior” used in the same Code shall be understood to refer to the Commission on Elections.

SEC. 2. At least seventy days immediately prior to the day of the election, the certificates of candidacy for said election, in quadruplicate, subscribed and sworn to by the candidates themselves, shall be filed with the Commission on Elections, which shall immediately send copies of said certificates of candidacy to the Secretary of the Senate and the Secretary of the Housev of Representatives, and to the provincial or city treasurers of each province or city where the election shall be held who in turn must send immediately said copies to the board of election inspectors. The Commission on Ekections, upon receipt of said certificates of candidacy, shall communicate the names of said candidates by telegraph or radiogram to the corresponding provincial city treasurrer, who in turn must transmit the same immediately to the boards of elections inspectors within his jurisdiction. If the certificate of candidacy is sent by mail, it shall be by registered mail, and the date on which the envelope containing the certificate was deposited in the post office may be considered as the filing date of such certificate of candidacy. However, in case the post office wherein this envelope was deposited does not have registered mail facilities, the postmaker shall accept said envelope as ordinary mail, show the date on which it was deposited on the envelope, and in addition swear to a statement showing that he had received the said envelope on the same date, which date shall be considered as the filing date of such certificate of candidacy. In the absence of a postmaster, the duties pertaining to him shall be performed by the municipal treasurer.

The certificate of candidacy of a candidate who has been nominated by a political party as its official candidate may be filed by said political party without the signature or the oath of the candidate: Provided, That a political party having nominated candidates shall file with the Commission on Elections a certificate of such nominations subscribed and sworn to by the president and secretary of the corresponding political party.

In case two or more certificates of candidacy for different offices are filed by different political parties in favor of the same candidate, the certificate of candidacy filed by the party to which said candidate belongs shall prevail unless the candidatew concerned shall decide otherwise. If a candidate who files his own certificate of candidacy for one office is also nominated by one or more political parties for other offices, the certificate filed by the candidate himself shall prevail. A person occupying any civil office by appointment in the government or any of its political subdivisions or agencies or government-owned or controlled corporations, whether such office be appointive or elective, shall be considered to have resigned from such office from the moment of the filing of such certificate of candidacy.

SEC. 3. There shall be in each city or municipality a new list of voters wherein shall be registered electors who possess the qualifications prescribed by section ninety-three of the Election Code, and who are not disqualified under section ninety-four of the same Code. In order that a qualified elector may vote on the day of the election, it is necessary that his name shall appear in the new registry list: Provider, however, That the presentation of the residence certificate of voters shall not be required, nor shall documentary stamps be affixed in the voters’ affidavits or on any other document required by the board of inspectors.

SEC. 4. The board of election inspectors of each precinct shall hold four meetings in the place designated as polling place on the seventh Friday, seventh Saturday, sixth Friday, and sixth Saturday next preceding the date of election which days are declared official holidays. In these meetings, the board shall prepare as provided in the Election Code eight copies of the list of voters of the precinct wherein it shall register the qualified electors applying for registration. The board shall also meet on the second Saturday immediately preceding the day of the election for the purpose of making such inclusions, exclusions, and corrections as may be ordered by the courts, stating opposite every name so corrected, added or cancelled, the date of the order and the court which issued the same, and for the consecutive numbering of voters of the election precinct.

SEC.5. Officers and enlisted men of the Philippine Army or of the Military Police, who possess the necessary qualifications and who are not otherwise disqualified, except officers and enlisted men of the permanent regular army of the Philippines organized under the laws of the Philippines and officers and enlisted men that form part of the regular army of the United States in the Philippines, may vote in this election.

 

SEC. 6. The ballots which shall be used in this election shall be prepared in accordance with Article  VIII of the Election Code except that their size shall be one hundred and twenty millimeters wide and three hundred and fifty millimeters long exclusive of the stub and the coupon containing the detachable number of the ballots. The ballots shall be folded twice toward the bottom so that they shall, when folded, be about ninety by one hundred and twenty millimeters, with the entire coupon and its detachable number visible: Provide, however, That the space intended for member of the House of Representatives shall follow immediately that corresponding to Vice-President.

SEC. 7. After each day of registration of voters and before living the polling place, the board of inspectors shall issue a certificate of the total number of registered voters; and after the announcement of the result of the canvass and before leaving the polling place, the board of inspectors shall issue a certificate of the number of votes that each candidate had obtained in the election. Said number shall be written in words and not in figures. Copies of such certificates duly signed by all the members of the members of the board, including the poll clerk, shall be furnished to all watchers present.

An inspector who fails or refuses to issue the above mentioned certificate, or refuses to furnish a copy thereof to any watcher, or states any incorrect number of votes in favor of any candidate, shall be punished by imprisonment of not less than one year and one day nor more than five years, and shall be disqualified to hold any public office and to exercise the right of suffrage for a period of not less than one year nor more than nine years.

SEC. 8. One inspector and his substitute and the poll clerk of the board and his substitute, the latter two shall be public school teachers, shall be appointed upon the recommendation of the party which received the largest number of votes in the last national elections; one inspector and his substitute shall be recommended by the party that polled the next largest number of number of votes in the last national elections if such party had obtained not less than ten per cent of votes cast in such elections; and the third inspector and his substitute shall be chosen by the Commission on Elections and the said inspector or his substitute, who shall be public school teachers, shall preside over the board: Provided, That should the majority party be divided into two factions of national character with candidates for President, Vice-President and Senators, each faction shall have one inspector and his subtitute, and, in such case, the Commission on Elections shall name one additional inspector and one substitute who shall be public school teachers. The latter inspector shall preside over the board. In case of a tie in the board, the poll clerk shall vote.

SEC. 9. The provincial board of canvassers shall be composed of the provincial treasurer, the provincial auditor, and the division superintendent of schools. In Manila and other chartered cities it shall be composed of the city treasurer, the city fiscal and the city superintendent of schools.

SEC. 10. The provincial or city board of canvassers shal meet as soon as possible but not later than fifteen days next following the day of the election to canvass the votes cast in the preovince or city, and upon the completion of the canvass, shall make, as the case may be, a statement of all the votes received by each candidate for the offices of President and Vice-President, another statement of all the votes cast for the office of Senator, and another statement of all the votes cast for the office of Member of the House of Representatives for each legislative district. Upon the completion of the statements, the board shall, with respect to the election of the Member of the House of Representatives, proclaim elected the registered candidate for each legislative district who received the largest number of votes therein; but in case two or more candidates of the same district shall receive the same largest number of votes, the board shall proceed in accordance with section one hundred sixty of the Election Code.

With respect to the election of President, Vice-President and Senators, the board shall merely state and certify the number of votes polled by the candidates for said offices and shall forthwith send by registered mail the statement of votes for Senators to the Commission on Elections and the statement for President and Vice-President to the President of the Senate thru the Commission on Elections. Copies of the statement of the results of the election shall be made and signed by the members of the provincial or city board of canvassers and sealed with the seal of the province or city government. A copy of such statement shall be filed by the provincial or city treasurer in his office, and he shall send immediately by registered mail a copy thereof to the following: the Commission on Elections; the Secretaries of both Houses of Congress; and to each of the respective candidates who received the largest number of votes in the province or city.

SEC. 11. The Commission on Elections shall canvass the results for Senators as soon as the statements are received from every province and city but not later than May twenty, nineteen hundred and forty-six. The sixteen registered candidates who obtained the largest number of votes for the office of Senator shall be proclaimed elected. In case it shall appear from the results of the canvass of the votes for Senators that two or more candidates have received the same number of votes for the sixteenth place, the Commission on Elections, after recording this fact in the corresponding statement, shall, upon three days notice to all the tied candidates so that they or their duly authorized representatives may be present if they so desire, hold another public session at which they shall proceed to the drawing of lots of the candidates who have tied and shall proclaim the candidate who may be favored by luck. The candidate so proclaimed shall have the right to assume office in the same manner as if he had been elected by plurality vote. The Commission on Elections shall forthwith make a statement of the procedure followed in the drawing of lots, of its result, and of the subsequent proclamation. Certified copies of said statement shall be sent by registered mail to the Secretary of the Senate and to each of the tied candidates.

SEC. 12. The candidates for Member of the House of Representatives and those for Senator who have been proclaimed elected by the respective Board of Canvassers and the Commission on Elections shall assume office and shall hold regular session for the year nineteen hundred and forty-six on May twenty-five, nineteen hundred and forty-six. Within thirty-five days after the election has been held, both Houses of Congress shall meet in session and shall publicly count the votes cast for the officers of President and Vice-President, in accordance with Article VII, section two of the Constitution. The persons respectively having the largest number of votes for President and Vice-President shall be declared elected; but in case two or more candidates shall have an equal and largest number of votes for either office, one of them shall be chosen President or Vice-President, as the case may be, by a majority vote of the Members of Congress in joint session assembled.

SEC. 13. The President and Vice-President elected in accordance with this Act shall qualify and assume office on May twenty-eight, nineteen hundred and forty-six and their terms of office shall end at noon on the thirtieth day of December, nineteen hundred and forty-nine.

The term of office for the sixteen Senators elected under this Act shall begin on the day of their election. The term of the eight Senators who received the largest number of votes shall end on December twenty-nine, nineteen hundred and fifty-one, and that of the other eight Senators who ontained the next largest number of votes shall end on December twenty-nine, nineteen hundred and forty-nine. In case of a tie for the eighth place, the procedure established in section eleven shall be followed by the Senate.

The term of office of the Members of the House of Representatives elected under this Act shall begin on the day of their election and shall end on December twenty-nine, nineteen hundred and forty-nine.

SEC. 14. Every member of the board of election inspectors and poll clerk shall be entitled to a per diem of ten pesos for each day of actual service in the meetings of the board and for the day of the election they shall receive two days’ per diem.

Any government employee appointed by the Commission on Elections as member of the board of inspectors or poll clerk shall, in addition to his salary, receive five pesos per diem for each day of actual service rendered in the board and on the day of the election shall receive two days’ per diem.

For his services rendered during the holding of the election, the municipal treasurer shall, in addition to his salary, receive a compensation equal to the salary of an inspector on the day of the election.

SEC. 15. The sum appropriated in Commonwealth Act Numbered Seven hundred and twenty-three for the holding of the election provided for in this Act is hereby made available to defray expenses in connection therewith: Provided, That any amount of the expenditure necessary for the holding of sdaid election in excess of the sum therein appropriated shall e advanced from any fund in the Philippine Treasury to reimbursed in equal installments which shall be provided in later general appropriations acts.

SEC. 16. This Act shall take effect upon its approval, and shall govern only the election to be held for President, Vice-President, Senators, and Members of the House of Representatives on April twenty-three, nineteen hundred and forty-six.

Approved, January 5, 1946.

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