Executive Order No. 4 (1942)

by Jorge Bartolome Vargas

OFFICE OF THE CHAIRMAN OF THE EXECUTIVE COMMISSION
MALACAÑAN PALACE

BY THE CHAIRMAN OF THE EXECUTIVE COMMISSION

EXECUTIVE ORDER NO. 4

DEFINING THE DUTIES, FUNCTIONS AND ACTIVITIES OF THE CENTRAL ADMINISTRATIVE ORGANS AND JUDICIAL COURTS, AS RECONSTITUTED.

Pursuant to the authority conferred upon me as Head of the Central Administrative Organization by Order No. 1 of the Commander-in-Chief of the Imperial Japanese Forces in the Philippines, and upon the recommendation of the Executive Commission, the duties, functions and activities of the central administrative organs and judicial courts, except the Supreme Court, as reconstituted under Executive Order No. 1, dated January 30, 1942, are hereby determined and defined as follows:

Article I. Chairman of the Executive Commission

SECTION 1. He shall, subject to the commands and orders of the Commander-in-Chief of the Imperial Japanese Forces, exercise general executive supervision and control overall the central administrative organs and judicial courts, except the Supreme Court, as reconstituted under Executive Order No. 1, dated January 30, 1942, and shall have direct control of the Budget and Auditing Office, the Bureau of Civil Service and all Examining Boards, the Office of the Executive Secretary to the Commission, the Bureau of Purchase and Supply, the Bureau of Printing, the Government-owned or Controlled Corporations, and all other bureaus, offices or instrumentalities of government not specifically assigned to any of the executive departments.

SEC. 2. Budget and Auditing Office.—The authority and powers of this Office shall extend to and comprehend all matters relating to the preparation of the budget of income and expenditures of the Government, to the release of funds and the expenditure of appropriations and allotments, to accounting procedure, including the keeping of the accounts of the Central Administrative Organization and the government-owned or controlled corporations, the preservation of vouchers, the methods of accounting, the examination and inspection of the books, records, and papers relating to such accounts, and to audit and settlement of the accounts of all persons respecting funds or property received or held by them in an accountable capacity, as well as to the examination and audit of all debts and claims of any sort due from or owing to the Government in any of its branches. It shall also be its duty to make from time to time a careful and thorough check and audit of all property of the bureaus and offices, not only of the Central Administrative Organization but also of the government of the provinces, cities, municipalities and specially-organized local governments, including Greater Manila.

SEC. 3. Bureau of Civil Service.—(a) It shall be, among the powers and duties of this Bureau, its duty to keep a record of all officers and employees in the permanent service of the different branches of the Government, including the absences of those entitled to leave of absence, to have control of all civil service examinations, to have exclusive jurisdiction over the removal, separation and suspension of subordinate officers and employees in the Civil Service and over all other matters relating to the conduct, discipline and efficiency of such subordinate officers and employees, subject to review by the Commissioner of the Department concerned, and to make investigations and special reports upon all matters relating to the enforcement of the Civil Service Laws and rules and regulations.
(b) All Examining Boards.—The different Boards of Examiners shall conduct the necessary examinations heretofore given by the different examining boards and perform other duties in connection therewith.

SEC. 4. Office of the Executive Secretary to the Commission.—(a) The Executive Secretary to the Commission shall act as Executive Officer of the Commission and of the Chairman thereof and shall perform such other duties as the Chairman of the Commission or the Commission itself may delegate to him.
(b) Official Gazette.—The Office of the Executive Secretary shall take charge of editing the Official Gazette which shall contain all the orders and proclamations of the Commander-in-Chief of the Imperial Japanese Forces and of the Chairman of the Executive Commission, such decisions or abstracts of decisions of the Supreme Court as may be deemed by said court of sufficient importance to be so published, and such documents as may be required to be published by law or by order of the Commander-in-Chief of the Imperial Japanese Forces or by the Chairman of the Executive Commission.

SEC. 5. Bureau of Purchase and Supply.—It shall be the function of this Bureau to procure and furnish equipment and supplies to the various offices, officials and branches of the Administration and to other persons entitled to make purchases through said bureau, the same being required for official or other lawful purpose.

SEC. 6. Bureau of Printing.—It shall be charged with the execution of all printing and binding, including work incidental to those processes, required by the Central Administrative Organization and such other work of the same character as this Bureau may, by law or by order of the Commander-in-Chief of the Imperial Japanese Forces or the Chairman of the Executive Commission, be authorized to undertake, and shall have the control and operation of all branch printing and bookbinding offices maintained for the accomplishment of such service.

SEC. 7. Government-owned or Controlled Corporations.—(a) The corporations owned or controlled by the Government shall perform such functions and duties as may be required of them by law, by the Commander-in Chief of the Imperial Japanese Forces in the Philippines or by the Chairman of the Executive Commission for the promotion of the economic development of the country and the adjustment of the Philippine economy.
(b) With the prior approval of the Commander-in-Chief of the Imperial Japanese Forces in the Philippines, the Chairman of the Executive Commission may authorize the operation of the following Government-owned or controlled corporations:

1. Agricultural and Industrial Bank
2. Cebu Portland Cement Company
3. Insular Sugar Refining Corporation
4. Manila Hotel Company
5. Manila Railroad Company
6. National Abaca and Other Fibers Corporation
7. National Coconut Corporation
8. National Development Company
9. National Footwear Corporation
10. National Food Products Corporation
11. National Power Corporation
12. National Rice and Corn Corporation
13. National Trading Corporation
14. National Tobacco Corporation
15. National Warehousing Corporation
16. People's Homesite Corporation
17. Philippine National Bank

Article II. Department of the Interior

SEC 8. The Department of the Interior shall perform its functions under the executive authority of the Commissioner of the Interior who shall have executive supervision and administrative control over the Bureau of Local Governments, the Bureau of Constabulary and Police, the Bureau of Religious Affairs, and the Bureau of the Census and Statistics. The Commissioner of the Interior shall perform the duties of Boards of Tax Appeals under the Assessment Law.

SEC. 9. Bureau of Local Governments.—(a) This Bureau shall exercise general supervision and administrative control over the governments of the provinces, cities, municipalities and specially organized local political subdivisions, including Greater Manila, and see that the laws are faithfully executed by all officers therein.
(b) The administrative duties and functions of the different provinces, cities, municipalities and specially organized local governments, including Greater Manila, shall be continued as heretofore insofar as they may be consistent with the demands of the Imperial Japanese Forces with the needs and requirements of the Central Administrative Organization. The provincial boards and the boards or councils of cities, municipalities and specially organized local governments shall merely serve in an advisory capacity to the respective governors and mayors.

SEC. 10. Bureau of Constabulary and Police.—It shall have direct charge of the preservation of law and order in the Philippines, and for this purpose, it shall have control of the organization and activities of all police forces. It shall be its duty to suppress riots, brigandage, unlawful assemblies and breaches of the peace, to help in the detection and prosecution of crimes, to acquire, collect, classify and preserve criminal identification records, and to see that the perpetrators of criminal offenses are brought to justice.

SEC. 11. Bureau of Religious Affairs.—All religions or religious organizations or orders heretofore existing or which may hereafter be established shall enjoy freedom of religion and worship, shall be free to preach their doctrines, and their religious rites shall be respected so long as they observe public order and good social manners. Accordingly, the Bureau of Religious Affairs shall have power of supervision over all religious organizations or orders in the Philippines, and after due investigation shall give authorization for the organization and establishment hereafter of other religious corporations or orders. It shall require religious organizations or orders to submit reports from time to time concerning their membership, properties, facilities and other matters relating to their organization and activities.
It shall attend to matters of proprietary character of churches and religious orders or organizations and to such other matters and activities as do not relate to the freedom of religion and cult and shall exercise supervision over matters pertaining to marriage and the registration of priests and ministers.

SEC. 12. Bureau of the Census and Statistics.—The powers and duties of this Office shall be to collect by enumeration, sampling or other methods, and compile and publish statistics and other information concerning population, agricultural conditions, the area and production of crops, the number of livestock, the production of livestock products, exports, imports, commerce, industrial and commercial enterprises, prices, employment wages, stock of commodities, agricultural and other properties, social and economic institutions, and such other statistics as it may be directed to collect. It shall also perform the duties of the Civil Registrar General including all those heretofore performed by the local civil registrar for the City of Manila, and shall undertake the registration of aliens heretofore attended to by the Bureau of Immigration.

Article III. Department of Finance

SEC. 13. The Department of Finance shall perform its functions under the executive authority of the Commissioner of Finance who shall have executive supervision and administrative control over the Bureau of the Treasury, the Bureau of Customs and Internal Revenue, the Bureau of Financing, the Government Service Insurance System, and the Philippine Charity Sweepstakes.

SEC. 14. Bureau of the Treasury.—It shall be charged with the safe-keeping of government funds, the supervision of the currency, and generally with the administration of the laws or orders relating to coinage and currency in the Philippines.

SEC. 15. Bureau of Customs and Internal Revenue.—The powers and duties of this Bureau shall comprehend, among others, the collection of all national internal revenue taxes, fees, and charges, and the enforcement of all forfeitures, penalties, and fines connected therewith; the collecting or securing of the lawful revenues from dutiable merchandise, and tonnage dues and wharf charges; and, in general, the enforcement of all customs and internal revenue laws and regulations in the Philippines.

SEC. 16. Bureau of Financing.—It shall be charged with the supervision and inspection of banks and banking institutions, insurance companies, mutual benefit, relief and benevolent associations, trusts for charitable uses, and other institutions engaged in the extension of credit facilities.

SEC. 17. Government Service Insurance System.—It shall have charge of the service insurance system for the benefit and protection of government employees in accordance with existing laws, and such rules and regulations as may be promulgated by the Commander-in-Chief of the Imperial Japanese Forces or the Chairman of the Executive Commission.

SEC. 18. Philippine Charity Sweepstakes.—It shall conduct horserace sweepstakes and lotteries for charitable and civic purposes.

Article IV. Department of Justice

SEC. 12. The Department of Justice shall perform its functions under the executive authority of the Commissioner of Justice who shall have executive supervision and administrative control over the Bureau of Justice, the Bureau of Prisons, the Court of Appeals, the Courts of First Instance, the Provincial and City Fiscals and Sheriffs, the Justice of the Peace and Municipal Courts and the Code Committee. The Commissioner of Justice shall be the Legal Adviser of the Government, and ex officio Legal Adviser of all Government-owned and controlled business enterprises, and upon proper request, shall give advice in the form of written opinions, on any question of law, to the Commander-in-Chief of the Imperial Japanese Forces or his representative, the Chairman of the Executive Commission, the respective Heads of the departments, the chiefs of the organized bureaus and offices, the trustee of any Government institution, and any provincial fiscal.

SEC. 20. Bureau of Justice.—It shall constitute the law office of the Government, and by it shall be performed duties requiring the services of a law officer. It shall, among other things, be its duty to represent the Government in the Supreme Court and the Court of Appeals in all criminal cases, and all civil actions and special proceedings in which said Government or any officer thereof in his official capacity is a party.

SEC. 21. Bureau of Prisons.—It shall have the supervision and control of national and provincial prisons and of all penal settlements and shall be charged with the safe-keeping of all prisoners confined therein or committed to the custody of said Bureau. It shall make and keep a record and history of all prisoners confined in any prison or penal colony under its supervision and control.

SEC. 22. Court of Appeals.—The Court of Appeals shall have exclusive appellate jurisdiction of all cases, actions, and proceedings, not falling within the jurisdiction of the Supreme Court, properly brought to it from Courts of First Instance, and original jurisdiction over matters which it has heretofore exercised.

SEC. 23. Courts of First Instance.—The Courts of First Instance shall have appellate jurisdiction of all cases, actions and proceedings brought to it from justice of the peace and municipal courts, and original jurisdiction over matters which it has heretofore exercised.

SEC. 24. Provincial and City Fiscals and Sheriffs.—(a) Provincial and City Fiscals shall be the law officers of their respective provinces or cities, and as such shall therein discharge the duties incident to the institution of criminal prosecutions, and represent the Government in all criminal cases in teh courts held in such provinces or cities. it shall also be their duty, consistently with the provisions of law, to represent in said courts the Government and the officers and branches thereof in all civil actions and special proceedings, and generally, to act in such provinces or cities in all matters wherein said Government, or any branch or officers thereof, shall require the services of a lawyer.
(b) Provincial Sheriffs shall be charged with the duty, among others, of attending, in person or by deputy, the sessions of the Courts of First Instance, enforcing proper decorum in the court room, and preserving good order in their precincts; of serving all writs, executing all processes and carrying into effect all orders issued by the Courts of First Instance, and courts of higher jurisdiction.

SEC. 25. Justice of the Peace and Municipal Courts.—The Justices of the Peace and Municipal Courts shall have jurisdiction of such cases, actions and proceedings as they have heretofore exercised.

SEC. 26. Code Committee.—It shall revise and codify all the existing substantive laws of the Philippines to make them conform with the customs, traditions and idiosyncracies of the Filipino people, with progressive principles of the science of law, and having in view the changes brought about by the new order.

Article V. Department of Agriculture and Commerce

SEC. 27. The Department of Agriculture and Commerce shall perform its functions under the executive authority of the Commissioner of Agriculture and Commerce who shall have executive supervision and administration control over the Bureau of Agricultural Administration, Bureau of Plant and Animal Industry, Bureau of Lands, Bureau of Forestry and Fishery, Bureau of Science, Bureau of Commerce and Industries, Bureau of Mines and Weather Bureau.

SEC. 28. Bureau of Agricultural Administration.—Its main functions shall be to afford opportunity to tenant farmers and small farmers from congested areas to own farms by facilitating the acquisition, settlement and cultivation of lands, whether acquired from the Government or from private persons; to encourage migration to sparsely populated regions; to organize and establish agricultural cooperative associations and to provide or secure credit facilities therefor; to manage the landed estates that may be acquired from private owners; and to develop new money crops to take the place of the present export crops.

SEC. 29. Bureau of Plant and Animal Industry.—The functions of this Bureau shall be to investigate, study and report upon the condition of the plant and animal resources in the Philippines, their improved methods of production and care, inquire into and report the causes of dangerous communicable diseases among them, and the means for the prevention and cure of the same; and, in general, to promote the development of the agricultural and livestock industry of the country.

SEC. 30. Bureau of Lands.—It shall be charged with the administration and disposition of public lands—not classified as timber lands or mineral lands—and of all other public real property not placed under the control of any other branch, department, bureau or office of the Government; shall conduct surveys of the public domain and other public property, cadastral surveys and official surveys of private property; and shall perform such other duties as may be necessary for the effectuation of the laws relative to the registration of land, including supervision over the registers of deeds.

SEC. 31. Bureau of Forestry and Fishery.—It shall have jurisdiction and authority over the demarcation, protection, management, development, reproduction, occupancy and use of all public forests and forest reserves, and of all insular and municipal fisheries and fishery reserves, and over the granting of licenses for game and aquatic products and for the taking of forest products, including stone and earth, therefrom; and, in general, it shall promote the development of the lumber and fishing industry of the country.

SEC. 32. Bureau of Science.—It shall be its functions, among others, to make investigations, conduct researches, and do work of a scientific nature and to coordinate and make available the results thereof as permanent contributions to knowledge. It shall also be charged with the acquisition, organization, preservation, administration, and maintenance of a museum containing pictures, paintings, sculpture, portraits, photographs, maps, geographical charts, and all objects which, by reason of their archaeological, artistic, scientific, or commemorative value should be permanently preserved as a memento of, and out of veneration for, the great men of the country, as a testimony of the national history and culture, or for the benefit of culture in general.

SEC. 33. Bureau of Commerce and Industries.—It shall be the duty of this Bureau to promote, stimulate, control and further the development ad expansion of the domestic and foreign trade of the Philippines; to encourage the establishment and development of the household industries and cooperative enterprises; to provide for the registration of corporations, securities, trade marks and patents; to make investigation concerning the nature, organization, and resources of the business of all persons; to establish commercial and produce exchanges, to compile, compare and publish the tariffs of other countries in languages known in this country; and, in general, to promote the commerce and industries of the country.

SEC. 34. Bureau of Mines.—It shall have charge of the administration and disposition of mines, minerals, and mineral lands, and, in general, of promoting the development of the mining industry in the Philippines.

SEC. 35. Weather Bureau.—The functions of the Weather Bureau shall be, among others, to maintain an efficient system of weather forecasts and storm warnings; to display typhoon signals in Manila and in the other main harbors or cities of the Philippines; and to prepare daily weather maps of the Far East at the central office and distribute them shortly after noon to be posted in, some of the more conspicuous places in Manila for the benefit of the public.

Article VI. Department of Education, Health and Public Welfare

SEC. 36. The Department of Education, Health and Public Welfare shall perform its functions under the executive authority of the Commissioner of Education, Health and Public Welfare who shall have executive supervision and administrative control over the Bureau of Public Instruction, Bureau of Private Education, Bureau of Physical Education, Bureau of Health, Bureau of Public Welfare, University of the Philippines, National Library, Institute of National Language, and the Philippine General Hospital.

SEC. 37. Bureau of Public Instruction.—To the Bureau of Public Instruction is committed to administration of the public school system and the supervision of teh general school interests of the Philippines, so far as the same may be authorized by law or by orders of the Commander-in-Chief of the Imperial Japanese Forces or of the Chairman of the Executive Commission. It shall also be charged with the conduct and management of all special schools supported from government funds.

SEC. 38. Bureau of Private Education.—This Bureau shall have the duty of maintaining a general standard of efficiency in all private schools and colleges of the Philippines, so that the same shall furnish adequate instruction to the public, in accordance with the class and grade of instruction given therein, and for this purpose, it shall be authorized to supervise, inspect and regulate said schools and colleges in order to determine the efficiency of the instruction given in the same.

SEC. 39. Bureau of Physical Education.—It shall be the duty of this Bureau to encourage systematic physical exercise and education, to promote and improve athletic sports among amateurs, to establish and maintain a uniform test of amateur standing and uniform rules for the government of all athletic sports, to institute, regulate, and award national amateur athletic championships, to organize and direct the training of athletes to represent the Philippines in international contests, and to encourage and promote the establishment of public playground and recreational facilities.

SEC. 40. Bureau of Health.—This Bureau is charged with the protection of the health of the people of the Philippines and the maintenance of sanitary conditions therein. Its general powers and duties shall extend to and comprehend, among other things, the conduct and management of government hospitals and sanitaria and supervision of all hospitals for dangerous communicable diseases; the effectuation and maintenance of internal quarantine in times of epidemic or threatened spread of any dangerous communicable disease; and the effectuation, at regular intervals or from time to time as conditions may require, of systemic inoculations of the people of the country by the use of virus, serums or prophylactics.
The examination in ports of the Philippines of incoming and outgoing vessels and the necessary surveillance over their sanitary conditions, as well as of cargo, passengers, crew and of all personal effects, and the issuing of quarantine certificates and bills of health, shall also be vested in and be conducted by the Bureau of Health.

SEC. 41. Bureau of Public Welfare.—It shall be the function of this Bureau to investigate, promote, coordinate, inspect and regulate all work related with maternity, hygiene and child welfare, and to organize, maintain and supervise agencies and institutions rendering social services and otherwise to promote the social welfare of the people. It shall also have charge and supervision over all matters related with the welfare of the Filipino laborer.

SEC. 42. University of the Philippines.—The purpose and function of the University of the Philippines shall be to provide for advanced instruction in literature, philosophy, the sciences, and arts, and to give professional and technical training. With the advice and recommendation of the Dean or Director concerned, the President of the University shall perform the duties and functions of the Board of Regents and the University Council.

SEC. 43. National Library.—The powers, duties and functions of the National Library shall, among others, be the preservation of all books, libraries and library material or equipment belonging to the institution or confided to its custody; the acquisition, by purchase, loan or gift, of additional books, libraries or other material contributory to its ends and purposes; the supplying of adequate reading facilities to the public in the City of Greater Manila, and so far as practicable, the extension of such facilities into the provinces.

SEC. 44. Institute of National Language.—It shall be the duty of this Institute to make a study of the Filipino languages in general with a view to the development and adoption of a national language based on the Tagalog language, and upon the recommendation of the Department Head and with the approval of the Chairman of the Executive Commission, the Institute shall have authority to correct, alter, or amend the linguistic forms and expressions of any or all text books written in the national language of the Philippines which are intended for adoption as official texts in the schools and colleges.

SEC. 45. Philippine General Hospital.—It shall be incumbent upon this institution to provide for the training of medical students of the University of the Philippines and for the accommodation and medical treatment of emergency patients in the City of Greater Manila, to render free medical service to such persons entitled thereto as shall apply for the same, and so far as the facilities and means of the hospital shall extend, to supply medical service and medical attendance gratuitously to poor persons in said city. When not incompatible with the interests of the Hospital, suitable accommodations and attendance shall be supplied to pay patients upon terms to be fixed by regulations.

Article VII. Department of Public Works and Communications

SEC. 46. The Department of Public Works and Communications shall perform its functions under the executive authority of the Commissioner of Public Works and Communications who shall have executive supervision and administration control over the Bureau of Public Works, Bureau of Communications, Bureau of Transportation, Bureau of Public Utilities, and the Metropolitan Waterworks Office.

SEC. 47. Bureau of Public Works.—The general functions of the Bureau of Public Works shall, among other things, comprise the making of needful preliminary investigations, plans, specifications, and estimates for the construction or repair of all public works and improvements; the letting of contracts therefor, and supervision over their construction, maintenance and repair; the supervision of all the architectural features of buildings, parks, streets and permanent constructions and improvements of public character; the construction, maintenance and repair of public buildings, roads, bridges, sewers, waterworks, irrigation systems, wharves and port works, and other public works requiring engineering skill; the maintenance and repair of government buildings and assignment of quarters to departments, bureaus and offices; and the apportionment and appropriation of waters and of water rights.

SEC. 48. Bureau of Communications.—It shall have the exclusive authority to establish, maintain, and discontinue post offices, and to establish, operate and maintain rural free mail delivery, rural money order and postal savings bank service, and to control all mail and postal business conducted in the Philippines, as well upon the waters within the maritime jurisdiction of the Philippines as upon land, and it shall likewise have the exclusive supervision, regulation and control of all telegraph and telephone lines and radio services, including submarine cables and wireless installations, now or hereafter under the jurisdiction or control of the Government.

SEC. 49. Bureau of Transportation.—This Bureau shall have jurisdiction, supervision and control of all land, water, and air transportation facilities, and shall regulate the use and operation of the same, for the purpose of developing and promoting the transportation industry. It shall also be charged with the admeasurement, registration, documenting and licensing of vessels built or owned in the Philippines; general supervision, control and regulation of the entry and clearance of vessels, whether engaged in domestic or foreign commerce, which shall now or in the future be placed under the supervision and control of the Government; the registration of motor vehicles, the licensing of operators of such vehicles, and supervision over the motor vehicle traffic; the supervision and control of lighthouses, buoys, beacons, navigation marks and their appurtenances, which shall now or in the future be placed under the jurisdiction and control of the Government; and the collection and distribution of hydrographic and geographic information valuable to navigating crafts.

SEC. 50. Bureau of Public Utilities.—With the exception of transportation and communication services, it shall have jurisdiction, supervision and control over all other public utilities and their franchise, equipment and properties, and for this purpose, it shall regulate their use and operation, including the determination of their public necessity or usefulness and the adequacy of their equipment, and the fixing of rates, tariffs, charges, and schedules.

SEC. 51. Bureau of Metropolitan Waterworks Office.—It shall furnish and maintain an adequate water supply and sewage service to the inhabitants of the territory comprised within the Metropolitan Water District, and of such other territory as may be authorized by the Commander-in-Chief of the Imperial Japanese Forces or the Chairman of the Executive Commission.

Article VIII. Appointments

SEC. 52. The Commissioners and the Chief Justice of the Supreme Court shall be appointed by the Commander-in-Chief of the Imperial Japanese Forces upon the recommendation of the Chairman of the Executive Commission.

SEC. 53. The Associate Justices of the Supreme Court, the Assistant Commissioners, the Presiding Justice and Associate Justices of the Court of Appeals, the chiefs or directors of bureaus and offices, the judges and judges-at-large of first instance, the provincial governors, and the mayors of chartered cities shall be appointed by the Chairman of the Executive Commission upon recommendation of the Chief Justice of the Supreme Court or of the Commissioner concerned and subject to the approval of the Commander-in-Chief of the Imperial Japanese Forces.

SEC. 54. The assistant directors of bureaus and offices, the assistant attorneys of the Bureau of Justice, the judges and auxiliary judges of municipal courts, the justices and auxiliary justices of the peace, the provincial and city treasurers, fiscals, sheriffs, and board or council members, the registers of deeds, and all other highly technical and primarily confidential officials and employees shall be appointed by the Chairman of the Executive Commission upon the recommendation of the Commissioner concerned.

SEC. 55. The chiefs of division and all ranking officials in the bureaus and offices shall be appointed by the Commissioner concerned, subject to the approval of the Chairman of the Executive Commission, from among those certified as eligible by the Director of Civil Service.

SEC. 56. All other employees including municipal and municipal district officials shall be appointed by the Commissioner concerned, upon the recommendation of the proper chief or director of bureau or office, from the list of eligibles as certified by the Director of Civil Service, but in the case of municipal mayors and municipal council members, the recommendation of the governor concerned shall be sufficient.

Article IX. Transitory Provisions

SEC. 56. The Departments, bureaus, offices and instrumentalities of government existing in Manila and other areas under the Military Administration, which are not provided for herein, shall be considered as abolished or suspended, unless otherwise specifically directed by the Commander-in-Chief of the Imperial Japanese Forces or by the Chairman of the Executive Commission.

SEC. 58. The personnel, equipment, materials, records and other properties pertaining to bureaus and offices whose activities have been absorbed or transferred to other bureaus or offices, shall be merged with the personnel, records and properties pertaining to the bureau or office concerned, to be used for the same purpose or purposes for which they were originally intended. The transfer of personnel, equipment, materials, records and other properties herein authorized shall be made by the Department Heads concerned.

SEC. 59. The equipment, materials, records and other properties pertaining to bureaus and offices which have been abolished or whose activities have been suspended shall be placed under the care and custody of the Executive Secretary to the Commission who shall dispose of them in accordance with the orders of the Commander-in-Chief of the Imperial Japanese Forces or of the Chairman of the Executive Commission.

SEC. 60. The officials and employees of departments, bureaus, offices and instrumentalities of government whose services may no longer be required for the performance of the duties and functions herein prescribed for the different Administrative Organs and Judicial Courts, shall be retired from the service under such terms and conditions as the Executive Commission, with the advice of the Philippine Council of State, may prescribe, and the Commander-in-Chief of the Imperial Japanese Forces in the Philippines, may approve.

SEC. 61. When the exigencies of the service so require, the Chairman of the Executive Commission may, subject to the approval of the Commander-in-Chief of the Imperial Japanese Forces, transfer activities together with their corresponding appropriations, equipment and personnel from one department, bureau or office to another.

Done at the City of Greater Manila, Philippines this 5th day of February, 1942.

(Sgd.) JORGE B. VARGAS
Chairman of the Executive Commission

Approved by the Commander-in-Chief of the Imperial Japanese Forces in the Philippines on February 27, 1942, except as the provisions hereof might affect activities and/or institutions under the direct control or supervision of the Imperial Japanese Forces.

Source: Official Gazette. Manila, Philippines. Vol. 1. Bureau of Printing. 1942. pp.41–47.