board to reenter the practice of law, having been a member since July 1, 1901. Señor Buencamino was of great service in convincing the Filipinos of the impartiality and fairness of the operation of the civil-service law and inducing large numbers of them to enter examinations. On September 1 Dr. José E. Alemany, member of the advisory board of the city of Manila, was appointed to succeed Señor Buencamino.

Very respectfully,

The CIVIL GOVERNOR OF THE PHILIPPINE ISLANDS.
The UNITED STATES PHILIPPINE COMMISSION.

WM. S. WASHBURN,

B. L. FALCONER,

J. E. ALEMANY,

Members of the Board.

a Not including contingent expenses paid from the general insular contingent fund. bIncluding printing.

• Not including printing, which is now done by the bureau of public printing.

[ACT No. 5.]

AN ACT for the establishment and maintenance of an efficient and honest civil service in the

Philippine Islands.

By authority of the President of the United States, be it enacted by the United States Philippine Commission, that:

SECTION 1. The Commission shall appoint three persons to be members of a board to be called the Philippine Civil Service Board. The Commission shall designate one of such persons as chairman, and another as secretary, and may in its discretion designate from among the members of the board a chief examiner.

SEC. 2. No person shall be eligible for appointment as a member of the board unless he shall be a native of the Philippine Islands owing and acknowledging allegiance to the United States, or a citizen of the United States.

SEC. 3. Each member of the board shall during his incumbency reside in Manila, and shall receive an annual salary of three thousand five hundred dollars and his necessary traveling expenses while in the discharge of his official duties. In case the Commission shall designate a member of the board to act as chief examiner he shall receive in addition to his salary as a member of the board a further annual compensation of five hundred dollars.

SEC. 4. The board shall prepare rules adapted to carry out the purpose of this act, which is hereby declared to be the establishment and maintenance of an efficient and honest civil service in all the executive branches of the government of the Philippine Islands, central, departmental, and provincial, and of the city of Manila, by appointments and promotions according to merit and by competitive examinations where the same are practicable, and it shall be the duty of all officers in the Philippine civil service, in the departments and offices to which any such rules may relate, to aid, in all proper ways, in carrying said rules, and any modifications thereof, into effect.

SEC. 5. This act shall apply, except as hereinafter expressly provided, to all appointments of civilians in the bureaus and offices of the Government of the Philippine Islands, subject, however, to the provisions and limitations of the acts organizing such bureaus: Provided, That persons appointed by the civil governor, by and with the advice and consent of the Philippine Commission, and persons employed merely as laborers, shall not be included in the classified service unless otherwise specifically provided by law.

SEC. 6. The rules to be prepared and certified by the board shall provide: (a) For the classification of all offices and employments included in section 5. (b) For the appointment to those offices requiring technical, professional, or scientific knowledge, by competitive or noncompetitive examinations, as the board shall determine.

(c) For the selection of members of the police force and of the fire department in the city of Manila, and of guards at prisons and penitentiaries by competitive or noncompetitive examination, or otherwise, as the board, after consultation with the military governor and his approval, shall determine.

(d) For the selection of skilled workmen by such examinations, competitive or noncompetitive, as may be practicable, and which need not, if the board shall so limit them, relate to more than the capacity of the applicants to labor, their habits of industry and sobriety, and their honesty.

(e) For competitive or noncompetitive promotion examinations, as the board shall determine. In the competition the board may provide, in its discretion for the allowance of credit to the previous experience and efficiency of the applicant in the civil service of the islands, to be estimated by the officer or officers under whose direction the service has been rendered, under such limitations as the board may prescribe: Provided, That such credit shall not be allowed to any applicant who shall not obtain a minimum average per centum to be fixed by the board.

(f) For a period of probation before the appointment or employment is made permanent.

(g) For the preparation and holding in Manila and in the provinces of open competitive examinations of a practical character for testing the fitness of applicants for appointment to the classified service, and for the preparation and the holding of examinations in the United States under the auspices of the United States Civil Service Commission.

(h) For selection, according to average percentage, from among those certified by the board as rated highest in such competition.

(i) For transfers under limitations to be fixed by the rules from one branch of the classified service to another, or from the Federal classified civil service of the United States to the classified service of the Philippine Islands.

(j) For reinstatements in the service under limitations to be fixed by the rules. (k) For the examination in the Spanish language of all applicants who are citizens of the United States and in the English language of all applicants who are natives of the Philippine Islands, whenever, in the opinion of the board, knowledge of both languages is essential to an efficient discharge of the duties of the positions sought. (1) For the holding of noncompetitive examinations when applicants fail to compete after due notice has been given of an open competitive examination to fill an existing vacancy.

(m) For a thorough physical examination by a competent physician of every applicant for examination in the United States, and in the discretion of the board in the Philippine Islands, and for rejection of every such applicant found to be physically disqualified for efficient service in the Philippine Islands.

(n) For fixing age limits of applicants for entrance into the classified service. (0) For eliciting from all applicants for examination full information as to their citizenship, nativity, age, education, physical qualifications, and such other information as may reasonably be required affecting their fitness for the service which they seek to enter.

(p) For the employment of clerks and other employees for temporary service where it is impracticable to make appointments as provided in this act, for terms not exceeding ninety days, but no person shall be employed under this exception for more than ninety days in a year.

(q) The enumeration herein of the subjects to be covered by the rules of the board shall not be regarded as exclusive, but the board shall have power to prepare and submit to the civil governor for his approval any rules not in violation of the limitations of the act, which will more efficiently secure the enforcement of the act.

SEC. 7. The board shall keep minutes of its own proceedings, and on or before the first day of January of each year shall make an annual report to the civil governor and to the commission showing its proceedings, the rules which it has adopted, the practical effect thereof, and suggestions for carrying out more effectually the purpose of this act.

SEC. 8. The board shall supervise the preparation and rating and have control of all examinations in the Philippine Islands under this act. The board may designate a suitable number of persons in the Philippine civil service to conduct its examinations and to serve as members of examining committees, and when examiners with special, technical, or professional qualifications are required for the preparation or

rating of examination papers it may designate competent persons in the service for such special duty, after consultation with the proper officer, or officers, under whom they are serving. The duties required of such persons as members of examining committees, or as special examiners, shall be considered as part of their official duties and shall be performed without extra compensation. When persons can not be found in the Philippine service with the necessary qualifications for special examining work that may be required, the board is authorized to employ at a reasonable compensation persons not in public employment for such work, which compensation shall be paid out of the general funds appropriated for the purposes of the board, on its order.

SEC. 9. The board may make investigations and report upon all matters relating to the enforcement of this act and the rules adopted hereunder, and in making such investigations the board and its duly authorized examiners are empowered to administer oaths, to summon witnesses, and to require the production of official books and records which may be relevant to such investigation.

SEC. 10. The board shall have a permanent office in the city of Manila. When examinations are to be held by the board, either in Manila or in the provinces, officers having the custody of public buildings shall allow their reasonable use for the purpose of holding such examinations.

SEC. 11. The head of each office to which this act applies shall notify the board in writing without delay of all appointments, permanent, temporary, or probational, made in the classified service in his office, of all rejections after the period of probation, and of all transfers, promotions, reductions, resignations, or vacancies from any cause in said service and of the date thereof; and a record of the same shall be kept by the board.

SEC. 12. When the board shall find that any person is holding a position in the civil service in violation of the provisions of this act or the rules of the board, it shall certify information of the fact to the disbursing and auditing officers through whom the payment of the salary or wages of such position is by law required to be made, and if thereafter the disbursing or auditing officer shall pay, or permit to be paid, to the person such salary or wages, the payment shall be illegal, the disbursing officer shall not receive credit for the same, and the auditing officer who authorizes the payment shall be liable on his official bond for the loss resulting to the proper government.

SEC. 13. Any person in the Philippine civil service who shall willfully or corruptly, by himself or in coöperation with one or more persons, defeat, deceive, or obstruct any person in the matter of his right of examination by said board; or who shall willfully, corruptly, and falsely rate, grade, estimate, or report upon the examination or standing of any person examined hereunder, or aid in so doing; or who shall willfully and corruptly make any false representations relative thereto or concerning the person examined; or who shall willfully 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, of being employed, appointed, or promoted, shall for each such offense be punished by a fine not exceeding one thousand dollars, or by imprisonment for a period not exceeding one year, or by both such fine and imprisonment.

SEC. 14. Any person who shall willfully 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: And provided further, That no person shall be eligible for axamination or appointment under the provisons of this act, who shall be, on or after the first day of May, nineteen hundred and one, in arms against the authority of the United States in the Philippine Islands, or who shall thereafter give aid or comfort to the enemies of the United States so in arms; this provision shall not apply to those persons who are in arms against the authority and sovereignty of the United States in the Philippine Islands, or their aiders or abettors, prior to July fourth, nineteen hundred and two, who came within the provisions of the proclamation of amnesty of the President of the United States issued upon said date, and who have complied with the terms of said proclamation. SEC. 16. Every applicant for admission to the Philippine civil service 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 of the civil-service board, the members of which are authorized to administer the same:

"I,

WOATH 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 - day of

་་

19

The oath of the applicant shall be filed with the secretary of the board. SEC. 17. No officer or employee in the Philippine civil service shall, directly or indirectly, give or hand over to any other officer or employee 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 receiving officer or employee shall subject the violator to a penalty of not exceeding five hundred dollars 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 employees shall be subject to the same penalties as those provided in the preceding section.

SEC. 19. In the appointment of officers and employees 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 examination, shall not apply to the selection of the following officers and employees:

ALL DEPARTMENTS AND OFFICES.

1. One private secretary to each member of the Philippine Commission, except the president.

2. Persons appointed by the civil governor, by and with the advice and consent of the Philippine Commission, unless otherwise specifically provided by law.

3. Any person in the military or naval service of the United States who may be detailed for the performance of civil duties.

4. Persons employed merely as laborers.

EXECUTIVE OFFICE.

5. One private secretary to the civil governor.

DEPARTMENT OF THE INTERIOR.

6. The members of the board of health for the Philippine Islands.

7. The presidents of provincial boards of health.

8. The director of the agricultural college and experiment station.

9. The director, the three assistants, and the secretary of the weather bureau.

10. The chief of the ethnological survey for the Philippine Islands.

11. The superintendent and directors of government laboratories.

12. The attending physician and surgeon of the Philippine Civil Hospital.

DEPARTMENT OF COMMERCE AND POLICE.

13. Postmasters compensated on a percentage basis as provided by law.

14. Postmasters receiving not more than three hundred dollars per annum compensation for their personal salaries, who may lawfully perform the duties of postmaster in connection with the official duties with which they are charged if they be government employees, or if not government employees, in connection with their private business, such duties requiring only a portion of their time. 15. The consulting engineer to the commission.

16. The officer in charge of the improvement of the port of Manila.

17. Detectives.

18. Any position in the department of commerce and police the duties of which are of a quasi-military or quasi-naval character, and for the performance of which duties a person is commissioned or enlisted for a term of years.

DEPARTMENT OF FINANCE AND JUSTICE.

19. Judges and justices of the peace.

20. The attorney-general and his assistant lawyers.

21. The solicitor-general.

22. The assistant attorney-general.

23. The supervisor and deputy supervisor of provincial fiscals. 24. Provincial fiscals.

25. The auditor for the Philippine Islands.

26. The deputy auditor for the Philippine Islands.

27. The treasurer of the Philippine Islands.

28. The cashier of the treasurer of the Philippine Islands.

29. The superintendent of the insular cold-storage and ice plant.

30. Secret agents.

31. Customs inspectors in the provinces whose rates of compensation do not exceed one hundred and eighty dollars per annum, who may lawfully perform the duties of customs inspectors in connection with the official duties with which they are charged, if they be government employees, or if not government employees, in connection with their private business, such duties requiring only a portion of their time.

THE CITY OF MANILA.

32. The members of the municipal board.

33. The city engineer.

34. The city attorney and his assistant attorney.

35. The prosecuting attorney and his assistant attorneys.

36. The sheriff and his deputies.

SEC. 21. The requirements of this act for entrance into the civil service, or for promotion by examination, shall not apply to the selection of the following officers:

15. The collector of customs for the Philippine Islands.

16. The deputy collector of customs for the Philippine Islands.

17. The surveyor of customs for the Philippine Islands.

18. The cashier of the collector of customs for the Philippine Islands.