[ Act No. 469, October 06, 1902 ]
AN ACT AUTHORIZING PROVINCIAL BOARDS TO HEAR AND DETERMINE CONTROVERSIES ARISING IN MUNICIPALITIES BY REASON OF MUNICIPAL ORDINANCES REGULATING RELIGIOUS PROCESSIONS OR CLOSING MUNICIPAL CEMETERIES.
By authority of the United States, be it enacted by the Philippine Commission, that:
SECTION 1. In all cases of municipal ordinances regulating religious processions or closing municipal cemeteries an appeal may be taken from the enforcement of such ordinance or ordinances to the provincial board of the province by the persons interested therein. Tho provincial board, upon a sufficient notice to the interested parties and upon hearing, shall confirm, modify, or nullify such ordinance or ordinances as it may deem best for the public interest, its decision in the matter to be final: Provided, however, That where such ordinance or ordinances have been enacted not for the public good but in bad faith and because of prejudice or hatred, the Court of First Instance having jurisdiction of the municipality and province shall have power, upon complaint properly filed, to enjoin the enforcement of such ordinance or ordinances in whole or in part because of such bad faith, prejudice, or hatred only. Upon questions involving the public health the opinion of the president of the provincial board of health shall be requested by the provincial board, but his opinion shall be advisory only.
SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.
SEC. 3. This Act shall take effect on its passage.
Enacted, October 6, 1902.
SECTION 1. In all cases of municipal ordinances regulating religious processions or closing municipal cemeteries an appeal may be taken from the enforcement of such ordinance or ordinances to the provincial board of the province by the persons interested therein. Tho provincial board, upon a sufficient notice to the interested parties and upon hearing, shall confirm, modify, or nullify such ordinance or ordinances as it may deem best for the public interest, its decision in the matter to be final: Provided, however, That where such ordinance or ordinances have been enacted not for the public good but in bad faith and because of prejudice or hatred, the Court of First Instance having jurisdiction of the municipality and province shall have power, upon complaint properly filed, to enjoin the enforcement of such ordinance or ordinances in whole or in part because of such bad faith, prejudice, or hatred only. Upon questions involving the public health the opinion of the president of the provincial board of health shall be requested by the provincial board, but his opinion shall be advisory only.
SEC. 2. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.
SEC. 3. This Act shall take effect on its passage.
Enacted, October 6, 1902.