D. The American Periodd.1 The Jones Law
The Jones Law of 1893 was virtually an American-made constitution providing for a complete form of semi-autonomous government in the Philippines. It defined government functions into an executive to be appointed by the U.S.President with the consent of the Senate, who was called the American Governor-General in the Philippines. Thelegislative power was vested in an elective bicameral/legislature – a Senate and a House of Representatives. The judicialpower was exercised by the Supreme-Court and other lower courts, with Filipino and American justices. The Jones Lawalso extended the Bill of Rights, defined Filipino citizenship and provided for other safeguards and restrictions.The bulk of the Jones Law comprised mainly of defining the executive, legislative and judicial powers of thegovernment.
E. The Japanese Occupatione.1 Topacio Nueno Angeles, 76 Phil. 12Facts
: Jose Topacio Nueno and 3 other petitioners ran for and eventually obtained seats in the Municipal Board of Manila in 1940. World War II and the subsequent Japanese occupation however took place. After the war, 6 new boardmembers were appointed by the President. Nueno, et. al. claimed that the appointment was null and void because 1) their term of office had not expired due to the world war and 2) even if 1) were not true, they still had the right to hold over their officers until their new successors were elected and qualified.
: Nueno and his goons were incorrect. Reasons:1) The word “term” isdifferent from “tenure.” There is no law which allows the extension of terms of office by reason of war. 2) As for tenure, thesame may be shortened or extended for various reasons, such as the death of the incumbent or as otherwise provided bylaw. The principle of the right to hold over may validly extend the tenure of office. However, Nueno, et. al. cannot invokethis right because under 16 (a) of the Commonwealth Act, the President has the discretion of appointing temporary boardmembers until duly elected board members can be qualified.
F. The Post War Yearsf. 1
R.A. 2264, as amended – The Local Autonomy Act
Entitled, “An Act Amending the Laws governing Local Governments by Increasing their Autonomy andReorganizing the Provincial Governments,” the Act provides for, among other things: Procedure in establishing theprovincial, city, municipal and regularly organized municipal district budgets for each fiscal year, taxation sources;appropriation of funds for the general welfare of the public; grant of the power of eminent domain; composition of theprovincial board; qualifications of members of the provincial board, governors, vice-governors, mayors and vice-mayor;appointment power of provincial governor, city mayor and municipal mayor; and assignment of other powers to theprovincial board, municipal board or city councils. Any fair and reasonable doubt as to the interpretation of the LocalAutonomy Act shall be resolved in favor of the local government and shall be presumed to exist.
f. 2 R.A. 2370 – The Barrio Charter Act
“Barrios” are units of municipalities or municipal districts in which they are located. They are quasi-municipalcorporations endowed with such powers as herein provided in said Act for the performance of particular governmentfunctions to be exercised by and through their respective barrio governments in conformity with law.Barrios may be created or its name changed by a petition of the majority of voters in the areas affected. They maysue and be sued and may be deal with any real or personal property in the manner provided by law.No barrio may be created if its population is less than 500 people or out of chartered cities, or poblaciones of municipalities.