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Assembly Bill No. 151, in which it requests the concurrence of the Commission: An Act authorizing the municipality of Capiz, Province of Capiz, to again change the date of its local fiesta.

Very respectfully,

TEODORO M. KALAW,

Secretary, Philippine Assembly.

To the Honorable,

the PRESIDENT OF THE PHILIPPINE COMMISSION.

By unanimous consent, Assembly Bill No. 151 was read the first time by title only and referred to the Committee on Municipal and Provincial Governments for report and recommendation.

REPORT OF SELECT COMMITTEE.

[Committee Report No. 33.]

MR. PRESIDENT: Your select committee of one, to which was referred on October 31, 1912, Commission Bill No. 26, entitled "An Act to amend Act Numbered Sixteen hundred and ninety-eight, entitled 'An Act for the regulation of the Philippine Civil Service,' has examined the same and has the honor to report it back to the Commission' with the following recommendation, viz:

That this bill be passed, with the following amendments:

In section 1, subsection (b), on page 2, lines 8, 10, 15, and 16, insert the words "or document" after the word "certificate;” in line 18, same page, strike out the words "Revised Civil Service Act" and insert in lieu thereof the words "provisions of this Act," and on the same page, line 20, strike out the word "that" and insert in lieu thereof the word "this."

In section 2, on page 2, line 29, strike out the word "town" and insert in lieu thereof the word "municipalities," and strike out the words "civil divisions" and insert in lieu thereof the words "political subdivisions;" in the same section, on page 3, line 4, between the words "shall" and "directly," insert the words "require any political service or," and on the same page, line 9, strike out the word "subsection" and insert in lieu thereof the word "section."

The amendments proposed by your committee are of small importance and leave the bill substantially as originally introduced.

The purpose of the present bill is to introduce in the existing civil service legislation two important amendments, among others of which no particular mention needs to be made as they are selfexplanatory.

The purpose of one of these amendments is, in the first place, to change the text of section 8 of the existing Civil Service Act and add thereto new provisions in order that no falsification or

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fraud committed against said Act and the civil service rules remain unpunished, as has at times been the case owing to deficiencies in the present letter of the law. To secure this, not only have cases of falsification and fraud not included in the present legislation been specified, as suggested by experience, but it has further been endeavored, by means of a provision of a general character, to secure the punishment of all other possible offenses of this nature which may not be covered otherwise.

Another not less important amendment introduced in the existing civil service legislation is the addition of a proviso at the end of subsection (d) of section 23, which will allow teachers appointed after the beginning of the school year, but before the Christmas vacation, to enjoy at the beginning of their second long vacation the same privileges as a teacher who has completed two full school years of service in the Islands, and to be granted, at the beginning of their third long vacation, the same privileges as a teacher who has completed three full school years of service in the Islands.

The beginning of the school year here coincides with the time when colleges and universities close in the United States, and it is therefore not easy to bring persons who have just graduated to the Islands at the very moment when the school year begins here, and if the appointees are already teachers, they have to remain in the United States until the expiration of their contracts, which is generally the end of the school year.

On the other hand, as teachers, unlike other employees, can enjoy leave of absence only during the period of the school vacations, a teacher who has assumed the duties of his position after the beginning of the school year here would, without the amendment proposed, not be able to enjoy the same privileges as, for instance, a clerk, without waiting for the beginning of the next school year, in order to complete the two or three years, as the case may be, required by law for the enjoyment of certain privileges as regards salary and travel expenses.

The amendment proposed causes no detriment to any other class of employees, while on the other hand an act of justice is performed with regard to teachers who, through no fault of their own, arrive in the Islands after the school year has begun here. Respectfully submitted.

To the Honorable,

JUAN SUMULong,

Committee.

the PRESIDENT OF THE PHILIPPINE COMMISSION.

The report was accepted and the bill ordered on file

for second reading.

INTRODUCTION OF BILLS.

The Acting President introduced the following bill: Commission Bill No. 41. An Act empowering the Judges of the Courts of First Instance to render final judgment in those cases where commissioners of appraisal intervene, in condemnation proceedings, notwithstanding their report and even in case objection be made by any of the parties thereto.

Commission Bill No. 41 was read the first time and referred to the Committee on Matters Pertaining to the Department of Finance and Justice for report and recommendation.

Commissioner Araneta introduced the following bill:

Commission Bill No. 42. An Act to amend article four hundred and eighteen of the Penal Code by changing the penalty provided therein.

By unanimous consent, Commission Bill No. 42 was read the first time by title only and referred to a Select Committee consisting of Commissioners Sumulong and Palma.

EXECUTIVE SESSION.

The Commission then proceeded to the consideration of executive business.

After the consideration of executive business, the Commission returned to regular session.

(For appointment confirmed in executive session see p. 823.)

ADJOURNMENT.

Thereupon, at 11 o'clock antemeridian.

On motion by Commissioner Worcester,

The Commission adjourned to meet at 10 o'clock and 30 minutes antemeridian on Wednesday, November 27, 1912. Attest:

GEO, C. SCHWEICKERT, Secretary.

Third Philippine Legislature.

First Session.

JOURNAL OF THE COMMISSION.

WEDNESDAY, NOVEMBER 27, 1912.

The Commission met pursuant to adjournment. Present: Commissioners Worcester, Luzuriaga, Araneta, Palma, Sumulong, Branagan, and the Acting President. Absent: The President and Commissioner Elliott (on leave).

READING OF JOURNAL.

The Journal for Tuesday, November 26, 1912, was read and approved.

SECOND READING OF BILL.

Commission Bill No. 26. An Act to amend Act Numbered Sixteen hundred and ninety-eight, entitled "An Act for the regulation of the Philippine Civil Service."

Commission Bill No. 26 was read the second time and referred to the Committee of the Whole.

It was considered in Committee and reported back to the Commission with the recommendation that the amendment recommended by the Select Committee in Report No. 33 be concurred in with the following amendment:

Strike out section 2 in its entirety.

Section 3, subsection (a), change to section 2.
Subsection (b) of section 3, change to section 3.

Section 3, page 3, line 31, strike out the words "and through no fault of his own."

and that as so amended the bill pass.

The amendment recommended by the Committee of the Whole was adopted and the bill ordered on file for third reading.

REPORT OF STANDING COMMITTEE.

[Committee Report No. 34.]

MR. PRESIDENT: The Committee on Matters Pertaining to the Department of Commerce and Police, to which was referred on November 15, 1912, resolution No. 112 of the municipal council of Tanauan, Batangas, petitioning for the amendment of section 45 of Act No. 83, as amended by section 1 of Act No. 1652, so as to cover into the municipal treasuries certain road and bridge funds of the province, has examined the same and has the honor to report it back to the Commission with the following recommendation, viz: That this petition be laid on the table.

Your committee concurs in the opinion expressed by the municipal council of Tanauan, Batangas, under resolution No. 112, in that the construction of certain barrio roads is essential to the material development of the Islands. The remedy for present conditions, however, can not possibly lie in diverting a portion of the accruing road and bridge funds to barrio road work when large sections of through provincial and intermunicipal roads still remain in a deplorable and unimproved condition. With the road and bridge revenues accruing under present laws, even though their entire expenditure is concentrated on road projects where the productive traffic will completely justify an expenditure required for the construction of a first-class road, the Province of Batangas will be unable to undertake barrio road work for a number of years to come. This is generally true of practically all the provinces.

Amongst the important intermunicipal road projects of this province are those from Balayan to Tuy and Batangas to San Juan through Ibaan and Rosario. These roads now become impassable to the same extent that barrio roads are impassable during the rainy season. The municipalities of Tuy and Ibaan produce thousands of piculs of sugar as well as a large variety of other products, the amount thereof being limited only through inability to market such products. Constructing these roads as first class at an average cost of 12,000 per kilometer, the traffic thereon would be such that in applying existing passengers and freight rates of railroads in the Islands these roads would readily pay for themselves, including maintenance, in less than five years' time.

Any attempt to divert a part of the limited amount of road and bridge funds now accruing to the provinces would only retard the development of the country, resulting in no permanent construction, with practically the entire expenditure being made on dirt roads without effective development.

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