[ Act No. 1693, August 20, 1907 ]

AN ACT CREATING THE PROVINCE OF AGUSAN AND THE SUB-PROVINCES OF BUTUAN, BUKIDNON AND BATANES, EMPOWERING THE PROVINCIAL BOARD OF CAGAYAN TO APPLY THE PROVISIONS OF "THE TOWNSHIP GOVERNMENT ACT" TO THE MUNICIPALITIES AND SETTLEMENTS OF THE BABUYANES ISLANDS, AND PROVIDING THAT THE SALARIES OF THE LIEUTENANT-GOVERNOR OF THE SUB-PROVINCE OF APAYAO AND OF ANY DULY AUTHORIZED EMPLOYEES OF SAID SUB-PROVINCE SHALL BE PAYABLE FROM INSULAR FUNDS.

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

SECTION 1. There is hereby established, a province which shall be known as the Province of Agusan. It shall be composed of two sub-provinces, which shall be known as Butuan and Bukidnon, respectively.    The boundary line of the sub-province of Butuan shall be a line beginning at the northern point of the present boundary  line between the Provinces of Surigao and Misamis, and extending in a genera] southerly direction along this line to the eighth parallel of north latitude; thence due east along said parallel of latitude to the crest of the watershed between the Agusan River Valley and the Pacific Ocean; thence in a northerly direction along the crest of this watershed to the northern extremity of the Island of Mindanao; thence along the seacoast to its point of origin, the general purpose in establishing this boundary being to include within it all municipalities and settlements in the Agusan River Valley and all settlements west of the crest of the watershed in the northern peninsula of the Province of Surigao.

The boundary line of the sub-province of Bukidnon shall be the western boundary line of the sub-province of Butuan from its point of origin to its intersection with the eighth parallel of north latitude; and from this point shall extend in such a way as to separate, so far as may be practicable, the territory inhabited by non-Christian tribes in the Province of Misamis from the territory of the municipalities of that province organized under the Municipal Code. Prior to the survey and adoption of definite boundaries for these sub-provinces, the boundaries above described may be more definitely fixed or changed by executive order of the Governor-General.

The municipality of Buluan is hereby designated as the capital of the Province of Agusan: Provided, That should experience demonstrate the desirability of making some other municipality or township the capital of the province, this may be done by executive order of the Governor-General.

SEC. 2. The officers of the provincial government of Agusan shall be a provincial governor, at four thousand pesos per annum, who shall discharge, in addition to his regular duties, the duties of provincial supervisor; and a provincial treasurer, at three thousand two hundred pesos per annum, who shall discharge, in addition to his regular duties, the duties of provincial secretary. The provincial treasurer shall give a bond as provided by section four of Act Numbered Thirteen hundred and ninety-six", entitled "The Special Provincial Government Act." The provincial governor and the provincial treasurer shall he appointed by the Governor-General by and with the consent of the Commission. They shall reside and have their offices at the capital of the province. The provincial governor, the provincial treasurer, and a third member to be appointed by the Governor-General, by and with the consent of the Commission, shall constitute the provincial board. The provincial governor shall be a justice of the peace ex officio with jurisdiction throughout the province. The fiscal for the Provinces of Surigao and Misamis shall perform, without additional compensation, the duties of provincial fiscal as prescribed by Act Numbered Thirteen hundred and ninety-six, entitled "The Special Provincial Government Act."  The salaries of the officers and employees of the Province of Agusan shall be payable from  Insular funds.

SEC. 3. There shall he a lieutenant-governor of the sub-province of Bukidnon, who shall receive compensation at the rate of three thousand two hundred pesos per annum payable from Insular funds. He shall be appointed by the Governor-General by and with the consent of the Commission. Within the limits of his sub-province he shall exercise the powers and perform the duties fixed by. Act Numbered Thirteen hundred and ninety-six for the lieutenant-governor of Bontoc. He shall reside and have his office at the capital of the sub-province, which shall be fixed and may be changed by executive order of the Governor-General. He shall be a justice of the peace ex officio with jurisdiction throughout the sub-province.

SEC.  4  The provisions of sections one to twenty-two, inclusive, of Act Numbered Thirteen hundred and ninety-six, entitled The Special Provincial Government Act," as amended, and the provisions of Act Numbered Thirteen hundred and ninety-seven, entitled "The Township Government Act,'' as amended, shall apply to the Province of Agusan and the governor and the provincial board of Agusan  shall exercise the powers and discharge the duties relative to the sub-province of Bukidnon fixed for the governor and the provincial board of Lepanto-Bontoc relative to the sub-province of Boutoc by Act Numbered Thirteen hundred and ninety-six, as amended. The provincial board may, by resolution approved by tin; Secretary of the Interior, provide for the organization under "The Township Government Act'' of any municipality within the territory of the Province of Agusan.

SEC. 5.  There is hereby established a sub-province which shall be known as known as ihe sub-province of Batanes.    Its territory shall consist of the entire group of islands known as the Batanes Islands and shall form  part of the Province of Cagayan.  There shall be a lieutenant-governor of the sub-province of Batanes, who shall be appointed by the Governor-General by and with the consent of the Commission. He shall receive compensation at the rate of three thousand six hundred pesos per annum. Within the limits of his subprovineo he shall exercise the powers and perform the duties fixed for the lieutenant-governor of Bontoc by Act Numbered Thirteen hundred and ninety-six, entitled "The Special Provincial Government Act." He shall be a justice of the peace ex officio with jurisdiction throughout the sub-province. He shall reside at Santo Domingo de Basco on the Island of Batan, which shall be the capital of the sub-province, and shall have his office in the former provincial building at that place. If, after supplying the necessary office room for the offices of the sub-province and for the station of the Weather Bureau, the building affords sufficient accommodation for the residence of the lieutenant-governor, he may occupy it for Ibis purpose. The assignment of rooms in said build-in" for the offices of the sub-province, the station of the Weather Bureau, and the residence of the lieutenant-governor shall be made by the provincial board of Cagayan.

The salaries of  the  lieutenant-governor  and  such subordinate employees as may be duly authorized for the sub-province of Batanes shall he payable from Insular funds.

SEC. 6. Any unexpended balance of "Non-Christian inhabitants' funds" of Surigao and Misamis shall be expendable in the Province of Agusan or the subprovinee of Bukidnon, as the Secretary of the Interior may direct. The Secretary of the Interior is authorized Census and directed to ascertain and certify to the Insular Auditor as soon ilf practicable the approximate- number of inhabitants of the sub-province of Butuan of the sub-province of Bukidnon, and of the province of Batanes: and upon such certification the Insular  Auditor shall redistribute internal-revenue funds in such manner that thereafter the amount proportionate to the number of inhabitants removed from the territorial jurisdiction of the Provinces of Surigao and Misamis and transferred to that of the Province of Agusan by the establishment of said province shall be deducted from the funds of the former provinces and added to the "Non-Christian inhabitants, fund" of Agusan; and the amount proportionate to the number of inhabitants included within the subprovince of Batanes shall he deducted from the internal-revenue funds of the Province of Cagayan and shall constitute a "township and settlement fund" for the benefit of the inhabitants of the sub-province of Batanes as provided by Act Numbered Fourteen hundred ' and twenty-eight.

There is hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, for the Province of Misamis a sum equivalent to the amount actually derived by said province from taxes collected in the territory comprised in the sub-province of Bukidnon during the fiscal year ending June thirtieth, nineteen hundred and seven: and for the Province of Surigao an amount equal to the amount actually derived by said province from taxes collected in the territory comprised in the sub-province of Butuan during the same period as certified by the provincial treasurers of the Provinces of Surigao and Misamis as such provinces existed prior to the passage of this Act.

SEC. 7. The provisions of sect ions one, to twenty-two, inclusive, of Act Numbered Thirteen hundred and ninety-six, entitled "The Special Provincial Government Act," as amended, and the provisions of Act Numbered Thirteen hundred and ninety-seven, entitled "The Township Government Act," as amended, shall apply to the sub-province of Batanes: Provided, That subject to the approval of the Governor-General, the governor and the provincial board of Cagayan shall exercise the powers and discharge the duties relative to the sub-province of Batanes fixed for the governor and the provincial board of Lepanto-Bontoc relative to the sub-province of Bontoc by Act Numbered Thirteen hundred and ninety-six. The provincial board may by resolution approved by the Governor-General, provide for the reorganization of any organized municipality within the territory of the sub-province of Batanes under "The Township Government Act."

SEC 8. Subject to the approval of the Governor-General, the provincial board of Cagayan is hereby authorized to apply, by resolution, to municipalities, settlements, and barrios of the Batanes Islands the provisions of Act Numbered Thirteen hundred and ninety-seven, entitled "The Township Government Act," as amended.

SEC. 9. Section five of Act Numbered Sixteen hundred and forty-two, entitled "An Act providing for the establishment of two sub-provinces to be known as the sub-provinee of Kalinga and the sub-province of Apayao." is hereby amended to read as follows:
"SEC. 5- There shall be a lieutenant-governor of the sub-province of Apayao, who shall receive compensation at the rate of three thousand two hundred pesos per annum payable from insular funds. Within the limits of his sub-province he shall exercise the powers and perform the duties fixed by Act Numbered Thirteen hundred and ninety-six for the lieutenant-governor of Bontoc. He shall reside and have his office at the capital of the sub-province."
SEC. 10.  There is hereby appropriated out of any funds in the Insular Treasury not otherwise appropriated, the sum which shall be necessary to pay, during the remainder of the current fiscal year, the salary of the governor and treasurer of Agusan, the salary of the lieutenant-governor of Bukidnon, the salary of the lieutenant-governor of the sub-province of Batanes and from the date of his appointment, the salary of the lieutenant-governor of the sub-province of Apayao, together with the salaries of such subordinate employees as may be duly authorized in the Province of Agusan and the sub-provinces of Butuan, Bukidnon, Batanes, and Apayao, and the reimbursement of any salary paid out of provincial funds by the Province of Cagayan to the lieutenant-governor of the sub-province of Apayao is hereby authorized.

SEC. 11. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "'An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.

SEC. 12. This Act shall  take effect in the Province of Agusan Effective dates upon the appointment of the provincial governor; and in the sub-province of Batanes upon the appointment of a lieutenant-governor therefor.    Sections eight, nine, and ten shall take effect upon the passage of this Act.

Enacted,  August 20, 1907.