[ Act No. 3167, October 02, 1924 ]

AN ACT TO AMEND SECTIONS TWENTY-ONE HUNDRED AND EIGHTY-EIGHT, TWENTY-ONE HUNDRED AND EIGHTY-NINE, TWENTY-ONE HUNDRED AND NINETY, AND TWENTY-ONE HUNDRED AND NINETY-ONE OF ACT NUMBERED TWENTY-SEVEN HUNDRED AND ELEVEN, KNOWN AS THE ADMINISTRATIVE CODE, RELATIVE TO THE SUPERVISORY AUTHORITY OF THE PROVINCIAL GOVERNOR OVER MUNICIPAL OFFICERS AND THE DURATION OF THE SUSPENSION OF THE LATTER IN CASE IT IS ORDERED, AND FOR OTHER PURPOSES

Be  it enacted by the  Senate and House of Representatives of the Philippines in Legislature assembled and by the authority of the same:

SECTION 1.  Section   twenty-one  hundred   and  eighty- eight,  twenty-one  hundred   and eighty-nine, twenty-one hundred and ninety,  and twenty-one hundred and ninety-one of Act Numbered Twenty-seven  hundred and eleven, known as the. Administrative Code,  are  hereby amended to read as follows:

"Sec. 2188. Supervisory authority of provincial governor over municipal officers.—The provincial governor  shall receive and investigate  complaints made under oath against" municipal officers for neglect of duty, oppression, corruption,  or  other form  of maladministration in office.  For minor delinquency he may  reprimand  the  offender;  and if a more severe punishment seems to be desirable, he shall submit written charges touching the matter  to the provincial board, furnishing a copy of such charges  to the accused either personally  or  by registered mail, and he may in such  case  suspend the officer  (not being the municipal treasurer)  pending action by the board, if in his opinion the charge  be one affecting the official  integrity of the officer in question.  Where suspension is thus effected, the written charges against the  officer shall be  filed with the board within five days.

"SEC. 2189.  Trial  of municipal officer  by  provincial board.—When written charges are preferred by a provincial b. governor against a municipal officer,  the provincial board shall, at its next meeting, regular or special, set a day, hour, and place for the trial of the same and notify the  respondent thereof; and at the time and place appointed, the board shall  proceed  to hear and investigate the truth or  falsity of  said  charges,  giving the accused official  full  opportunity to be heard in  his defense.  The hearing shall occur as  soon  as may be  practicable, and  in case suspension has been effected, not later than ten days from  the date the accused is  furnished or has sent to him  a copy of the charges,  unless the suspended  official  shall,  on sufficient grounds,  request  an  extension  of  time  to  prepare  his defense.

"The preventive  suspension of a municipal  officer shall not be for more than thirty days.  At the expiration  of the thirty days, the suspended officer shall be reinstated in office without prejudice to the continuation of the proceedings against him until their completion, unless  the  delay in the decision of the case is due to the fault, neglect,  or request of the accused, in which case the time  of the delay shall not be counted in computing the time of the suspension: Provided,  That the suspension of the accused may continue after the expiration  of the  thirty  days above mentioned in case of conviction until the Executive Bureau shall otherwise direct or the case shall be finally decided  by said Bureau.

"SEC. 2190. Action by  provincial board.—If,  upon due consideration,  the provincial board shall adjudge that  the charges are not  sustained,  the proceedings shall be dismissed; if it shall adjudge that the accused has been guilty of misconduct which would be sufficiently punished by reprimand,  or  further reprimand, it  shall  direct the provincial governor  to deliver such reprimand  in pursuance of its judgment; and in either case the official, if suspended, shall be reinstated.

"If in the opinion of the board the case is one requiring more severe discipline, and in case of appeal, it shall without unnecessary delay forward to the Chief of the Executive Bureau, within eight  days after the date of the decision of the provincial board, certified copies  of the record in  the case, including the charges, the evidence, and the findings of the board, to which shall be added the recommendation of the board as to whether the official ought to  be suspended, further suspended, or finally dismissed from office; and in such case the board may exercise  its  discretion to reinstate the official, if suspended.

"The trial of a suspended municipal official and the proceedings incident thereto shall  be given  preference  over the current and routine business of the board.

"SEC. 2191. Action  by Chief  of Executive Bureau.— Upon receiving the  papers  in  any such  proceedings  the Chief of the Executive Bureau shall review the case without unnecessary delay and shall make such order for the reinstatement, dismissal,  suspension, or further suspension  of the official,  as the facts shall warrant, and  shall render his final decision upon the matter within thirty days after the date on which the case was received.  Disciplinary suspension made upon order of the Chief of the  Executive Bureau shall be without  pay.   No final  dismissal herein-under shall take effect until recommended by the Department Head and approved by the  Governor-General."

SEC. 2.  All acts or parts of acts inconsistent with the provisions of this Act are hereby repealed.

SEC. 3.  This Act shall  take effect on  its approval.

Approved, October 2, 1924.