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ORGANIC ACT OF THE PHILIPPINE ISLANDS.
Note. While many of the provisions of the organic act of July 1, 1902, became ineffective upon the enactment of the autonomy act of August 29, 1916, all of the original organic act as amended to August 29, 1916, has been retained in this compilation and those sections which have been repealed or superseded have been printed in italics for the purpose of information and ready reference in tracing the evolution of the civil government in the Philippine Islands.
July 1, 1902. [Public, No.
CHAP. 1369.-An Act Temporarily to provide for the administra- 235.] tion of the affairs of civil government in the Philippine Islands, pt. 1, p. 691. and for other purposes.
32 Stats. L., Philippine Islands.
civil government estab
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the action of the President of the United Temporary States in creating the Philippine Commission1 and authorizing said commission to exercise the powers of gov-lished in, ratiernment to the extent and in the manner and form and subject to the regulation and control set forth in the instructions of the President to the Philippine Commis- q. v. p. 125. sion, dated April seventh, nineteen hundred, and in creating the offices of civil governor and vice governor of the Philippine Islands, and authorizing said civil governor and vice governor to exercise the powers of government to the extent and in the manner and form set forth in the Executive order dated June twenty-first, q. v. p. 51. nineteen hundred and one, and in establishing four executive departments of government in said islands as set forth in the act of the Philippine Commission, entitled "An act providing an organization for the departments of the interior, of commerce and police, of finance and justice, and of public instruction," enacted September sixth, nineteen hundred and one, is hereby Act No. 222. approved, ratified, and confirmed, and until otherwise provided by law the said islands shall continue to be governed as thereby and herein provided, and all laws not to apply. passed hereafter by the Philippine Commission shall have an enacting clause as follows: "By authority of the United States be it enacted by the Philippine Commission." The provisions of section eighteen hundred and ninety-one of the Revised Statutes of eighteen hundred and seventy-eight shall not apply to the Philippine Islands.
Enactin g clause of laws. R. S., sec. 1891, p. 333,
1 Membership of Phil. Com. increased to nine by act of Congress approved May 11, 1908. See p. 75.
Designation changed to governor general by act of Congress approved Feb. 6, 1905, sec. 8. See p. 66.
3 Section 1891, Revised Statutes, page 333, provides as follows:
Sec. 1891. The Constitution and all laws of the United States which are not locally inapplicable shall have the same force and effect within all the organized Territories, and in every Territory hereafter organized as elsewhere within the United States.
Future civil appointments
Philippine tariff approved, etc.
Proviso. Revenue law not affected.
Future appointments of civil governor, vice governor, members of said commission, and heads of executive departments shall be made by the President, by and with the advice and consent of the Senate.
SEC. 2.1 That the action of the President of the United States heretofore taken by virtue of the authority vested in him as Commander in Chief of the Army and Navy, as set forth in his order of July twelfth, eighteeen hundred and ninety-eight, whereby a tariff of duties and taxes as set forth by said order was to be levied and collected at all ports and places in the Philippine Islands upon passing into the occupation and possession of the forces of the United States, together with the subsequent amendments of said order, are hereby approved, ratified, and confirmed, and the actions of the authorities of the government of the Philippine Islands, taken in accordance with the provisions of said order and subsequent amendments, are hereby approved: Provided, That nothing contained in this section shall be held to amend or repeal an act entitled "An act temporarily to provide revenue for the Philippine Islands, and for other purposes," approved March eighth, nineteen hundred and two.
SEC. 3 (repealed by sec. 10 Act of Congress of August 29, intercourse 1916). That the President of the United States, during such time as and whenever the sovereignty and authority of the United States encounter armed resistence in the Philippine Islands, until otherwise provided by Congress, shall continue to regulate and control commercial intercourse with and within said islands by such general rules and regulations as he, in his discretion, may deem most conducive to the public interests and the general welfare.
SEC. 4 (as amended by act of Congress of March 23, 1912. Repealed and superseded by sec. 2, act of Congress of August 29, 1916. See p. 33). That all inhabitants of the PhilipPhilippine pine Islands continuing to reside therein who were
Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then resided in said islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain signed at Paris December tenth, eighteen hundred and ninety-eight: Provided, That the Philippine Legislature is hereby authorized to provide by law for the acquisition of Philippine citizenship by those natives of the Philippine Islands who do not come within
1 Sec. 2 has now ceased to be a live provision; "the tariff of duties and taxes" being fixed by the act of Aug. 5, 1909, "to raise revenue for the Philippine Islands, and other purposes." (See also act of Congress of June 30, 1906, p. 71.)
Respecting trade between the United States and the Philippine Islands, the Philippine tariff act of Aug. 5, 1909, was further modified in some particulars by Sec. IV (c) of the United States tariff act of Oct. 3, 1913.
2 Art. IX of the treaty of peace of Dec. 10, 1898, and protocol of Mar. 29, 1900.
the foregoing provisions, the natives of other insular possessions of the United States, and such other persons residing in the Philippine Islands who could become citizens of the United States under the laws of the United States if residing therein.
SEC. 5 (repealed and superseded by sec. 3, Act of Congress of rights. of August 29, 1916. See p. 34). That no law shall be en- Protection to acted in said islands which shall deprive any person of etc. life, liberty, life, liberty, or property without due process of law, or deny to any person therein the equal protection of the laws.
That in all criminal prosecutions the accused shall enjoy the right to be heard by himself and counsel, to demand the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to compel the attendance of witnesses in his behalf.
That no person shall be held to answer for a criminal Trial. offense without due process of law; and no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself.
That all persons shall before conviction be bailable by sufficient sureties, except for capital offenses.
That no law impairing the obligation of contracts shall be enacted.
Imprisonment for debt.
Writs of ha
That no person shall be imprisoned for debt. That the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion, insurrection, or invasion the public safety may require it, in beas corpus. either of which events the same may be suspended by the President, or by the governor, with the approval of the Philippine Commission, wherever during such period the necessity for such suspension shall exist.
Ex post facto laws, etc.
That no ex post facto law or bill of attainder shall be enacted. That no law granting a title of nobility shall be enacted, Title of noand no person holding any office of profit or trust in said islands, shall, without the consent of the Congress of the United States, accept any present, emolument, office, or title of any kind whatever from any king; queen, prince, or foreign State.
That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. bail, etc. That the right to be secure against unreasonable searches Seizures, etc. and seizures shall not be violated.
That neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in said islands.
That no law shall be passed abridging the freedom of Freedom of speech or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.
That no law shall be made respecting an establishment of religion or prohibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed.
That no money shall be paid out of the treasury except in pursuance of an appropriation by law.
That the rule of taxation in said islands shall be uniform.
That no private or local bill which may be enacted into law shall embrace more than one subject, and that subject shall be expressed in the title of the bill.
That no warrant shall issue but upon probable cause, supported by oath, or affirmation, and particularly describing the place to be searched and the person or things to be seized.
That all money collected on any tax levied or assessed for a special purpose shall be treated as a special fund in the treasury and paid out for such purpose only.
SEC. 6 (the provisions of this section have been accomduring hostili- plished). That whenever the existing insurrection in the Philippine Islands shall have ceased and a condition of general and complete peace1 shall have been established therein and the fact shall be certified to the President by the Philippine Commission, the President, upon being satisfied thereof, shall order a census of the Philippine Islands to be taken by said Philippine Commission; such census in its inquiries relating to the population shall take and make so far as practicable full report for all the inhabitants, of name, age, sex, race, or tribe, whether native or foreign born, literacy in Spanish, native dialect or language, or in English, school attendance, ownership of homes, industrial and social statistics, and such other information separately for each island, each province, and municipality, or other civil division, as the President and said commission may deem necessary: Provided, That the President may, upon the request of said commission, in his discretion, employ the service of the Census Bureau in compiling and promulgating the statistical information above provided for, and may commit to such bureau any part or portion of such labor as to him may seem wise.
Aid of Census Bureau.
SEC. 7 (as amended by Act of Congress of February 27, 1909. Repealed and superseded by secs. 14, 18, and 19, of General elec- Act of Congress of August 29, 1916. See pp. 38, 40, 41). That two years after the completion and publication of the census, in case such condition of general and complete peace with recognition of the authority of the United States shall have continued in the territory of said islands
1 See Procl. of Pres., July 4, 1902 (amnesty) as to peace.
2 Report of the Phil. Comm. for 1907, vol. 1, pp. 207-214, gives certificate of Phil. Comm., order of the President to take census, proclamations of governor general concerning taking of census, convening of Phil. Assembly, etc.
not inhabited by Moros or other non-Christian tribes and Moros and such facts shall have been certified to the President by tribes the Philippine Commission, the President upon being satisfied thereof shall direct said commission to call, and the commission shall call, a general election1 for the choice of delegates to a popular assembly of the people of said territory in the Philippine Islands, which shall be known as the Philippine assembly. After said as- Legislative sembly shall have convened and organized, all the legis-lished. lative power heretofore conferred on the Philippine Commission in all that part of said islands not inhabited by Moros or other non-Christian tribes shall be vested in a legislature consisting of two houses-The Philippine Commission and the Philippine assembly. Said assembly shall consist of not less than fifty nor more than one hundred members, to be apportioned by said commission among the provinces as nearly as practicable according to population: Provided, That no province shall have less than one member: And provided further, That provinces representation. entitled by population to more than one member may be divided into such convenient districts as the said commission may deem best.
Terms of office.
Public notice of such division shall be given at least ninety days prior to such election, and the election shall be held under rules and regulations to be prescribed by law. The qualification of electors in such election shall of electors. be the same as is now provided by law in case of electors in municipal elections. The members of assembly shall hold office for two years from the first day of January 2 next following their election, and their successors shall be chosen by the people every second year thereafter. No person shall be eligible to such election who is not a qualified elector of the election district in which he may be chosen, owing allegiance to the United States, and twenty-five years of age.
(As amended by Act of Congress of February 27, 1909.) The legislature shall hold annual sessions, commencing sions. on the first Monday of February in each year and continuing not exceeding ninety days thereafter (Sundays and holidays not included) and the first meeting of the legislature shall be held upon the call of the governor within ninety days after the first election: Provided, That the Philippine Legislature after its first meeting ing. as herein provided may by law fix a date other than the first Monday of February in each year for the com- date. mencement of its annual sessions: And provided further, That if at the termination of any session the appropriations necessary for the support of government Provisions shall not have been made, an amount equal to the sums mental appropriated in the last appropriation bills for such penses.
1 Act No. 2045, sec. 1, of Phil. Legis.
Legislature may determine
2 See Act of Congress of Feb. 15, 1911, amending sec. 7, p. 80.
4 Act No. 2114, of Phil. Legis.