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https://lawyerly.ph/laws/view/l5315
[Act No. 3115, (1923-03-24)](https://lawyerly.ph/laws/view/l5315)
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[ Act No. 3115, March 24, 1923 ]

AN ACT TO AMEND CERTAIN PROVISIONS OF THE ADMINISTRATIVE CODE FOR THE PURPOSE OF COORDINATING CERTAIN HEALTH AGENCIES IN THE ISLANDS, 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 nine  hundred and sixty-nine of the Administrative Code is hereby amended to read as follows:

"SEC. 969. Promotion of surgeons.—A surgeon, passing the requisite examination, shall be entitled to promotion to the next higher grade after three years' service,  and in making  this  computation time  served in any  medical capacity under the Government other than as interne shall be counted: Provided, however,  That, in case of vacancy in the grade of senior  surgeon, a surgeon  upon passing the requisite examination, shall be entitled to promotion to the said grade after one year's continuous service in any branch of the  Philippine Health Service, as provided  for in the preceding section."

SEC. 2.  Section one thousand and  eight of the Administrative Code is hereby amended to read as follows:

"SEC. 1008. Sanitary inspectors.—Each municipality of a sanitary division  shall have one  or more sanitary inspectors, appointed by the municipal council  concerned, on nomination by the district health  officer: Provided, That in the selection of the health  personnel,  preference shall be given to persons who have taken  the civil-service examination for sanitary inspector, to high school or at least intermediate  school graduates, and to  those  who,  in the judgment of said district health officer, have had sufficient experience in sanitation and hygiene.   Appointments thus made shall be forwarded to the Director of Health and shall take effect immediately, until otherwise provided by said Director."

SEC. 3.  Section  one thousand twelve of the Administrative Code is hereby amended to read  as follows:

"SEC.   1012. Health  fund—How created and maintained.—Each municipality embraced  in a  sanitary division shall set aside each year an  amount not less than five  per  centum  from its  general funds,  and  each provincial board shall likewise set aside a like amount  from its general funds,  which amount,  added to that appropriated by the municipalities under its jurisdiction, shall constitute special fund to be known as the health fund, which may not  only be  expended for purposes  of sanitation, but also for provincial hospitals."

SEC. 4. Section twenty-one hundred and twenty of the Administrative Code is hereby amended to read  as follows:

"SEC. 2120. Estimate of revenues and receipts for current year.—Annual provincial budget.—Immediately upon receipt of the statement of receipts and expenditures from the provincial treasurer, the provincial board will make a careful estimate of the revenues and receipts for the current year.  Upon the basis of such estimated income the provincial board will,  likewise,  make detailed  appropriations covering the estimated expenditures for the year, but in no case  shall such appropriations  be in  excess  of the estimated revenues and receipts.  The  statement of receipts and expenditures for the preceding year, together with the estimates and  appropriations by the  provincial board for the current year,  shall be known as the annual provincial budget.   Changes in the estimates and appropriations may be made by the provincial board from time to time  during the  year by supplemental  budgets:  Provided.  That no changes shall be made to appropriations made for health without first consulting the chief of the sanitary division."

SEC. 5. Section twenty-one hundred and ninety-nine of the Administrative Code is  hereby amended to read as follows :

"SEC. 2199. Appointment of subordinate officers and employees in general.—Except as otherwise provided, appointments to  all non-elective positions in the municipal service shall be made by the municipal president by and with the consent of  a majority of all the members  of the council present.   This requirement shall not, however,  apply to the  employment of laborers engaged  for the performance of  authorized  work, nor to  local  employees or laborers whose duties are connected with health work and who shall be appointed  by the chief local health officer, upon recommendation by the municipal president."

SEC.  6. Section twenty-two hundred and one  of the Administrative Code  is hereby amended to read as follows:

"SEC. 2201. Supervisory authority of president over subordinates.—The  president may  at any time,  for  cause suspend any  nonelective  officer  or employee over  whose position he has the power of appointment, for a period of not exceeding ten days, without pay, which suspension may be continued  for a longer period by  the council;  and by and with the consent  of a majority of all the members of the council he may discharge any such officer or employee.

"If a charge shall be brought in any court against any such subordinate for  violating his official  duty, the president shall have jurisdiction to suspend him, pending action on such violation by the municipal council; and, if a  fine is imposed against such officer, it may be collected by withholding the requisite amount from such salary as is or may become due to him: Provided, That employees and laborers appointed by the chief local health officer  as provided for in section twenty-one  hundred and ninety-nine, shall  not be removed by the chief local health officer without  the approval of a majority of the municipal council concerned."

SEC.  7. Section twenty-two hundred and ninety-six of the Administrative Code  is  hereby  amended to read as  follows :

"SEC. 2296.  Annual  budget.—Upon receiving this statement, the council shall make a careful estimate of the probable income of the municipality for the current year and upon this basis  shall  proceed  to make, by way of  appropriation, detailed allotments to the respective municipal requirements for the current year.   The appropriation  thus made by the council shall constitute  the budget, and  immediately upon passage it shall be submitted to the provincial  treasurer for approval, accompanied by the statement of receipts and  expenditures  for the preceding year and the estimate  made by the  council for the current year. Prior to submission to the provincial treasurer, the allotment for school purposes  shall receive the  approval of the division superintendent of schools.

"Upon approval by the provincial treasurer  the budget shall become  affective as  a  lawful appropriation, and the same shall be forthwith returned by him, with  the accompanying  documents,  to the municipal treasurer, through the president.

"Changes in the estimates and allotments of the budget, as well as additions thereto, may in like manner be effected from time to time during the year by supplemental budgets. However, the allotments made for health work shall  only be changed after previous consultation  of  the Director of Health."

SEC.  8. Section twenty-three hundred of the Administrative Code is hereby amended to read as follows:

"SEC. 2300. Disbursement of municipal funds.—Disbursements  of municipal funds shall be made by the municipal treasurer upon properly executed vouchers, pursuant to the budget, and with the approval of the president.  Vouchers covering disbursements from the school fund or for school purposes  shall also be  approved by the  division superintendent of  schools,  or  his  authorized  representative. Vouchers covering disbursements from the allotments for health work shall also be approved by the chief of the sanitary  divisions, or his authorized representative.

"The municipal treasurer  shall keep  in his office, open at all times to  the inspection  of members of  the municipal council, a  statement of the appropriations, expenditures, and balances in all municipal accounts."

SEC.  9. This Act shall take effect on its approval.

Approved, March 24, 1923.

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