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right of examination by said board; or who shall wilfully, corruptly, and falsely rate, grade, estimate or report upon the examination or standing of any person examined hereunder; or who shall wilfully and corruptly make any false representations relative thereto; or who shall wilfully and corruptly furnish any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined, or to be examined, employed, appointed or proinoted, shall for each offense be punished by a fine not exceeding $1,000, or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment.
Sec. 14. Any person who shall wilfully and corruptly become the beneficiary of an act in violation of the last preceding section shall be punished as provided in that section.
Sec. 15. No inquiry shall be made, and no consideration whatever shall be given to any information, relative to the political or religious opinions or affiliations of persons examined, or to be examined, for entrance into the service, or of officers or employees in the matter of promotion: Provided, however, that disloyalty to the United States of America as the supreme authority in these islands shall be a complete disqualification for holding office in the Philippine civil service.
SEC. 16. Every applicant for admission to the Philippine civil serv. ice, shall, before being admitted to examination in the islands, take and subscribe the following oath before a justice of the peace in and for the province in which he is, or before a member or the civil service board, the members of which are authorized to administer the
OATH OF APPLICANT.
having applied for admission to the civil service of the Philippine Islands, do solemnly swear (or affirm) that I recognize and accept the supreme authority of the United States of America in these islands and will maintain true faith and allegiance thereto; that I will obey the laws, legal orders and decrees promulgated by its duly constituted authorities; that I impose upon myself this obligation voluntarily, without mental reservation or purpose of evasion. So help me God. (The last four words to be stricken out in case of affirmation.)
(Signature) Subscribed and sworn to (or affirmed) before me this
The oath of the applicant shall be filed with the secretary of the board.
SEC. 17. No officer or employé in the Philippine civil service shall, directly or indirectly, give or hand over to any other officer or empluyé in said service any money or other valuable thing to be applied to the promotion of any political object whatever, and a violation of this section by the giving or receiving officer or employé shall subject the violator to a penalty of not exceeding $500 or to imprisonment not exceeding six months, or both, and upon conviction he shall be removed from office.
Sec. 18. No person in the Philippine civil service shall be under obligation to contribute to a political fund or to render a political service, or be removed or otherwise prejudiced for refusing to do so.
Any person soliciting political contributions from public officers or employés shall be subject to the same penalties as those provided in the preceding section.
SEC. 19. In the appointment of officers and employés under the provisions of this act, the appointing officer in his selection from the list of eligibles to be furnished him by the board shall, where other qualifications are equal, prefer:
First. Natives of the Philippine Islands.
Second. All honorably discharged soldiers, sailors, and marines of the United States.
SEC. 20. The requirements of this act for entrance into the civil service, or for promotion by competitive examination, shall not apply to the selection of the treasurer for the islands; the auditor for the islands, the collector of customs for the islands, the deputy collector of customs for the islands, the collector of inland revenue for the islands, the director of posts for the islands, the head of the bureau of forestry, the head of the bureau of mines, the superintendent of public instruction, the members of the civil service board, or of one private secretary for the Military Governor and for each member of the U. S. Philippine Commission. But, after eighteen months from the date when the board shall certify that it has a sufficient list of eligibles to supply vacancies, vacancies occurring in all the foregoing offices, except in the private secretaryships above described, shall be filled without examination from a class to be composed of the first, second and third assistants in all the foregoing offices, the intention of this provision being that the appointing power may, by virtue hereof, transfer from one office to another a person deemed competent to fill the vacancy.
SEC. 21. The requirements of this act for entrance or promotion by competitive examination shall not apply to the office of cashier of the collector of customs for the islands, to the captain of the port at Manila, to the collector of customs at lloilo, and to the collector of customs at Cebu, until one year after the date when the board shall make the certificate prescribed in the preceding section, after which vacancies in such offices shall be filled by promotion by competitive examination as in other cases.
SEC. 22. The persons now employed in the civil service of the Philippine Islands whose positions may be classified by the operation of this act and the rules herein provided for shall, unless dismissed by proper authority, continue in the service and discharge the duties assigned them; provided, that the board may, in its discretion, require by rule that all such employés shall pass examinations practically adapted to show their fitness to fill the positions now held by them, and that in case of failure to pass such examinations to the satisfaction of the board, they shall be dismissed from the service.
Sec. 23. This act shall not apply to the selection of school teachers of the department of public instruction, for which special legislation will be provided.
SEC. 24. The rules to be prepared and certified by the board shall be promulgated by executive order of the Military Governor.
SEC. 25. After the passage of this act no civilian shall be employed in the offices specified in section 5 of this act, except in accordance with its terms: Provided, That between the time of its passage and the date when the board herein created shall officially inform the Mili
tary Governor and the Commission that it is ready to certify a list of persons eligible to appointment under the provisions of this act for any vacancy occurring, appointments for temporary service may be made to fill vacancies or newly created offices, to continue until such certification is made and such vacancies can be regularly filled under the requirements of this act and the rules of the board adopted in accordance herewith. Persons so temporarily appointed may compete in the examinations held for regular entrance to the classified service.
SEC. 26. In this act whenever a sum of money is mentioned, it shall be understood to refer to the money of the United States.
SEC. 27. Upon the passage of this act and the appointment and organization of the board, it shall be the duty of the head of each office to which this act applies, upon application by the board, to certify to the board a complete list of all the officers and employees engaged therein, together with a full statement of the duties performed by them and the compensation received by them.
SEC. 28. No person shall be admitted to the competitive examinations to be held under this act who are not either(a) Citizens of the United States, or
) Natives of the Philippine Islands, or (c) Persons who have, under and by virtue of the treaty of Paris, acquired the political rights of natives of the islands.
Sec. 29. This act shall take effect on its passage, and shall be referred to as the “ Civil Service Act.”
Enacted, September 19, 1900.
AN ACT prescribing the order of procedure by the Commission in the enactment
By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:
SECTION 1. In the making of rules and orders having the force of laws," as provided in the instructions to the Commission, the following procedure shall be adopted, viz:
(a) All such rules and orders as are of a distinctly legislative character shall be termed “acts;"
(b) All acts shall, before the enacting clause, be prefaced by a title stating the purpose and scope of the act;
(c) The enacting clause shall be in the following form, viz: "By the authority of the President of the United States, be it enacted by the United States Philippine Commission, that:"
(d) All acts, when enacted, shall bear the date of enactment, and be attested by the signature of the president and secretary of the Commission;
(e) Every bill proposing an act shall first be presented in executive session, and thereupon receive its first reading. After the first reading, it shall be considered and perfected in committee of the whole until all proposed amendments have been adopted or rejected;
(f) After being perfected in committee of the whole, the bill shall be reported to the Commission in executive session on a subsequent
day, and thereupon after being further amended, if necessary, shall be read a second time in its perfected form;
(9) The bill, as amended, shall then, under the directions of the secretary, be translated into Spanish, and printed, and copies thereof, in English or Spanish as may be required, immediately furnished for publication in each daily newspaper published in Manila, together with an informal announcement of the date when the same will be considered in public session;
(h) At the public session for the consideration of the bill, the Commissioner who introduced it shall explain its purpose, scope and provisions as fully as he may deem necessary, and the bill shall be read the third time. Persons present may then be heard upon it, under the resolution heretofore promulgated, and the other Commissioners may comment upon it if they so desire. Unless further amendments are proposed by a member of the Commission, the vote shall then be taken upon the passage of the bill. If further amendments are so proposed, they shall forthwith be acted upon, or postponed for future consideration, as the Commission may decide.
SEC. 2. The order of procedure herein provided shall not be obligatory whenever the Commission shall determine that the public good requires the more speedy enactment of a law. But in such case the act itself shall declare that the public good required its speedy enactment.
SEC. 3. This act shall take effect on its passage..
AN ACT for the establishment of a bureau of statistics for the Philippine Islands.
By the authority of the President of the United States, be it enacted by the United States Philippine Commission, that:
SECTION 1. There shall be established a bureau of statistics for the Philippine Islands, the central office of which shall be located in the city of Manila. The chief officer of this bureau shall be denominated the chief statistician. He shall be appointed by the Commission, under the limitations which are applicable to the appointment of the heads of other departments by virtue of section 20 of the civil service act. He shall superintend and direct the collection, compilation, and publication of such statistical information concerning the Philippine Islands as may be required by law, and shall perform his duties under the
general supervision of the Military Governor.
Sec. 2. All appointments in the bureau of statistics shall be in accordance with the provisions of the civil service act.
Sec. 3. All information collected by the bureau concerning the affairs of private persons, firms or corporations shall be strictly contidential, and shall not be published or communicated in such a way as to reveal the identity of the persons concerned to any other than the employees of the bureau. The violation of this requirement by the chief statistician, or by any assistant, clerk, special agent, enumerator or other employee of the bureau shall be a misdemeanor, the punishment for which shall be a fine not exceeding tive hundred dollars, or
imprisonment for a term not exceeding one year, or both fine and imprisonment, in the discretion of the court.
Sec. 4. Any assistant, clerk, special agent, enumerator, or other employee of the bureau who shall communicate to any person not authorized to receive the same any information gained by him in the performance of his duties, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided in the preceding section,
SEC. 5. The chief statistician, or any assistant, clerk, special agent, enumerator, or other employee of the bureau, who shall wilfully report or publish false statistical information, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided in section 3 of this act.
SEC. 6. All public officers of the Philippine Islands are authorized and required to render to the chief statistician, on his request, regular or special reports on all matters coming to their knowledge in the performance of their official duties, in so far as the information possessed by them or contained in their records relates to a subject under duly authorized investigation, and is not of a contidential nature. The regular reports required of public officials shall, as far as possible, take the form said down in the statutes of the United States for similar reports to the several statistical bureaus of the Federal Government on the same or cognate subjects, or such forms as shall be prescribed by law. When any of the special reports called for from any office involve a larger amount of labor than can be performed by the regular force of that office without interference with their regular duties, the chief statistician shall delegate an employee or employees of the bureau to assist in compiling such reports.
Sec. 7. Any public officer wilfully refusing to comply with the requirements of the preceding section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided in section 3 of this act.
SEC. 8. Every person more than eighteen years of age residing in these islands shall be required, if thereto requested by the chief statistician or his duly authorized representative, to render a true account, to the best of his or her knowledge, of the various items of information possessed by him or her and required for any authorized statistical investigation; and whosoever shall wilfully fail or refuse to render such a true account shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not exceeding one hundred dollars, or imprisoned for a term not exceeding three months, or by both fine and imprisonment, in the discretion of the court.
Sec. 9. Every president, treasurer, secretary, director, agent, or manager of any corporation or of any establishment of productive industry or commercial organization, whether conducted as a corporate body, limited liability company, or by private persons, from whom answers to any schedules, inquiries, or statistical interrogatories are required as herein provided, who shall, if thereto requested by the chief statistician or any of his duly authorized representatives, wilfully neglect or refuse to give true and complete answers to said authorized inquiries, or shall wilfully give false information, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding five hundred dollars, or imprisonment not exceeding one year, or by both fine and imprisonment, in the discretion of the court.