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MOP, Bk 3, v.4, 45
[ EXECUTIVE ORDER NO. 14, January 21, 1936 ]
CREATING A “DOMESTIC SUGAR ADMINISTRATION”
WHEREAS, under sections twelve and thirteen of Act Numbered Four thousand one hundred sixty-six, known as “The Sugar Limitation Law,” the Governor-General of the Philippine Islands, and since the inauguration of the Commonwealth, the President of the Philippines, is authorized to issue rules and regulations governing the issuance of allotments and licenses and such other rules and regulations as he may consider necessary for the carrying out of the purposes of said Act, and is moreover authorized to name and appoint such representatives or deputies as he may deem necessary to perform any of the duties and powers granted to him therein, with such compensation and emoluments as may be fixed by him;
WHEREAS, the President of the United States on October nineteenth, nineteen hundred and thirty-five, returned to the Secretary of Agriculture of the United States, approved, a letter to him from the latter, dated October fourteenth, nineteen hundred and thirty-five, which reads in part as follows:
“Accordingly, I respectfully request that pursuant to section 7, paragraph 4, of the Tydings-McDuffie Act (Philippine Independence Act), you delegate to the High Commissioner of the Philippine Islands the authority to perform the additional duty of making allotments, in my name, of the quota of sugar for the calendar year 1936”;
WHEREAS, the Secretary of Agriculture of the United States on November seventh, nineteen hundred and thirty-five, issued the following proclamation:
“Appointment of the United States High Commissioner to the Philippines to make allotment of sugar under the provisions of the Agricultural Adjustment Act, as amended.
“By virtue of the authority vested in me by section 8a (1) a (1) of the Agricultural Adjustment Act, as amended, approved May 12, 1933. I hereby appoint the United States High Commissioner to the Philippine Islands, effective November 15, 1935, in my name—
“(1) To allot the quota of sugar for the Philippine Islands which may be transported to, received in, processed or marketed in continental United States during the calendar year 1936, for consumption in continental United States, among the processors, persons engaged in the handling of sugar, and others, and to readjust any such allotment;
“(2) To allot the amount of direct consumption sugar which may be included in the aforesaid quota among the processors, persons engaged in the handling of sugar and others, and to readjust any such allotment; and
“(3) to readjust any allotment of the character referred to in (1) and (2) above made in my name by the Governor-General of the Philippines”;
WHEREAS, the President of the United States on November seventh, nineteen hundred and thirty-five, designated and empowered the United States High Commissioner to the Philippine Islands, with such officials and employees of the United States or the Philippine Islands”;
Therefore, pursuant to the authority herein stated, it is hereby ordered:
1. There is established in the Office of the President of the Philippines a section to be known as “The Domestic Sugar Administration,” under the general supervision and control of the Secretary to the President, who, in the exercise of his powers and duties in relation with the Domestic Sugar Administration, shall be called the “Domestic Sugar Administrator”; and under the immediate direction of an “Assistant Domestic Sugar Administrator.”
2. The Secretary to the President is hereby deputized in my name to appoint such permit agents, sugar accountants, and other clerks and employees as may be necessary for the effective functioning of the Domestic Sugar Administration. All full time permit agents and sugar accountants shall be selected on a basis of merit from those who have successfully passed the civil service examinations for such positions.
3. The Secretary to the President is hereby deputized to approve all payrolls, travel vouchers, and vouchers covering supplies and sundry expenses as may be chargeable under Act Numbered Four thousand one hundred sixty-six. The total disbursements of the Domestic Sugar Administration shall at no time exceed the balance of monies available from the collection of license fees under section ten of Act Numbered Four thousand one hundred sixty-six.
4. The Domestic Sugar Administration shall have as its duty the enforcement of Act Numbered Four Thousand one hundred sixty-six, except section six thereof, and of all rules and regulations contained in executive orders heretofore or hereafter issued under the authority of Act Numbered Four thousand one hundred sixty-six in so far as such rules and regulations affect B and C sugar as defined in section one of Act Numbered Four thousand one hundred sixty-six.
5. The United States High Commissioner to the Philippine Islands and/or the United States Sugar Authority in the Philippine Islands shall enforce section six of Act Numbered Four thousand one hundred sixty-six and all rules and regulations contained in executive orders heretofore or hereafter issued under the authority of section six of Act Numbered Four thousand one hundred sixty-six or under the authority of the Agricultural Adjustment Act, as amended, in so far as such rules and regulations affect A and AA sugar as defined in section one of Act Numbered Four thousand one hundred sixty-six.
6. Executive Order Numbered Five hundred twenty-seven, dated December eighth, nineteen hundred and thirty-four, is hereby amended to read as follows:
“No person, firm, corporation, or combination thereof, shall withdraw from any mill, warehouse or any other place of storage within the Philippine Islands any quantity of A or AA sugar as defined in section one of Act Numbered Four thousand one hundred sixty-six unless the same shall have been delivered under permit issued by or under the authority of the United States High Commissioner to the Philippine Islands and/or the United States Sugar Authority in the Philippine Islands; nor any B or C sugar as defined in section one of Act Numbered Four thousand one hundred sixty-six, unless the same shall have been delivered under permit issued by or under the authority of the President of the Philippines and/or the Domestic Sugar Administrator.”
7. Subsection one (f) of Executive Order Numbered Five hundred forty-one, dated December twenty-seventh, nineteen hundred and thirty-four, is hereby revoked and subsection one (g) of said Executive Order is hereby amended to read as follows:
“(g) The cost of the paper and printing shall be defrayed by each mill company for which the official warehouse receipt-permit forms are provided.”
8. Effective on this date, Executive Order Numbered Five hundred fifty-two, dated January sixteenth, nineteen hundred and thirty-five, is hereby revoked and shall have no further force nor effect. In the future, all transfers of plantations or parts thereof, allowances, allotments and rights thereto, shall be effected under Executive Order Numbered Eight hundred seventy-three, dated September thirtieth, nineteen hundred and thirty-five, and changes in planter’s rights shall be effected under Executive Order Numbered Eight hundred eighty-five, dated October twenty-first, nineteen hundred and thirty-five.
9. Centrifugal sugar of the crop-year nineteen hundred and thirty-three-nineteen hundred and thirty-four which may still be held in custody or control of the centrifugal sugar mill companies listed in Executive Order Numbered Five hundred fifty-four, dated January twentieth, nineteen hundred and thirty-five, may, upon authority of the Domestic Sugar Administration, be released for sale for direct consumption within the Philippines on or before May thirty-first, nineteen hundred and thirty-six, to be charged against the nineteen hundred and thirty-six, domestic quota of the owner thereof.
10. Section one of Executive Order Numbered Eight hundred ninety-nine, dated October thirtieth, nineteen hundred and thirty-five, is hereby amended to read as follows:
“1. Priority of allotments.—Except as otherwise specifically authorized, centrifugal sugar manufactured for the planters in any crop-year shall be credited to the corresponding mill marketing allotments and planter’s rights in the following priority in respect to classes of sugar:
By the President:
TEOFILO SISON
Secretary of the Interior
WHEREAS, the President of the United States on October nineteenth, nineteen hundred and thirty-five, returned to the Secretary of Agriculture of the United States, approved, a letter to him from the latter, dated October fourteenth, nineteen hundred and thirty-five, which reads in part as follows:
“Accordingly, I respectfully request that pursuant to section 7, paragraph 4, of the Tydings-McDuffie Act (Philippine Independence Act), you delegate to the High Commissioner of the Philippine Islands the authority to perform the additional duty of making allotments, in my name, of the quota of sugar for the calendar year 1936”;
WHEREAS, the Secretary of Agriculture of the United States on November seventh, nineteen hundred and thirty-five, issued the following proclamation:
“Appointment of the United States High Commissioner to the Philippines to make allotment of sugar under the provisions of the Agricultural Adjustment Act, as amended.
“By virtue of the authority vested in me by section 8a (1) a (1) of the Agricultural Adjustment Act, as amended, approved May 12, 1933. I hereby appoint the United States High Commissioner to the Philippine Islands, effective November 15, 1935, in my name—
“(1) To allot the quota of sugar for the Philippine Islands which may be transported to, received in, processed or marketed in continental United States during the calendar year 1936, for consumption in continental United States, among the processors, persons engaged in the handling of sugar, and others, and to readjust any such allotment;
“(2) To allot the amount of direct consumption sugar which may be included in the aforesaid quota among the processors, persons engaged in the handling of sugar and others, and to readjust any such allotment; and
“(3) to readjust any allotment of the character referred to in (1) and (2) above made in my name by the Governor-General of the Philippines”;
WHEREAS, the President of the United States on November seventh, nineteen hundred and thirty-five, designated and empowered the United States High Commissioner to the Philippine Islands, with such officials and employees of the United States or the Philippine Islands”;
Therefore, pursuant to the authority herein stated, it is hereby ordered:
1. There is established in the Office of the President of the Philippines a section to be known as “The Domestic Sugar Administration,” under the general supervision and control of the Secretary to the President, who, in the exercise of his powers and duties in relation with the Domestic Sugar Administration, shall be called the “Domestic Sugar Administrator”; and under the immediate direction of an “Assistant Domestic Sugar Administrator.”
2. The Secretary to the President is hereby deputized in my name to appoint such permit agents, sugar accountants, and other clerks and employees as may be necessary for the effective functioning of the Domestic Sugar Administration. All full time permit agents and sugar accountants shall be selected on a basis of merit from those who have successfully passed the civil service examinations for such positions.
3. The Secretary to the President is hereby deputized to approve all payrolls, travel vouchers, and vouchers covering supplies and sundry expenses as may be chargeable under Act Numbered Four thousand one hundred sixty-six. The total disbursements of the Domestic Sugar Administration shall at no time exceed the balance of monies available from the collection of license fees under section ten of Act Numbered Four thousand one hundred sixty-six.
4. The Domestic Sugar Administration shall have as its duty the enforcement of Act Numbered Four Thousand one hundred sixty-six, except section six thereof, and of all rules and regulations contained in executive orders heretofore or hereafter issued under the authority of Act Numbered Four thousand one hundred sixty-six in so far as such rules and regulations affect B and C sugar as defined in section one of Act Numbered Four thousand one hundred sixty-six.
5. The United States High Commissioner to the Philippine Islands and/or the United States Sugar Authority in the Philippine Islands shall enforce section six of Act Numbered Four thousand one hundred sixty-six and all rules and regulations contained in executive orders heretofore or hereafter issued under the authority of section six of Act Numbered Four thousand one hundred sixty-six or under the authority of the Agricultural Adjustment Act, as amended, in so far as such rules and regulations affect A and AA sugar as defined in section one of Act Numbered Four thousand one hundred sixty-six.
6. Executive Order Numbered Five hundred twenty-seven, dated December eighth, nineteen hundred and thirty-four, is hereby amended to read as follows:
“No person, firm, corporation, or combination thereof, shall withdraw from any mill, warehouse or any other place of storage within the Philippine Islands any quantity of A or AA sugar as defined in section one of Act Numbered Four thousand one hundred sixty-six unless the same shall have been delivered under permit issued by or under the authority of the United States High Commissioner to the Philippine Islands and/or the United States Sugar Authority in the Philippine Islands; nor any B or C sugar as defined in section one of Act Numbered Four thousand one hundred sixty-six, unless the same shall have been delivered under permit issued by or under the authority of the President of the Philippines and/or the Domestic Sugar Administrator.”
7. Subsection one (f) of Executive Order Numbered Five hundred forty-one, dated December twenty-seventh, nineteen hundred and thirty-four, is hereby revoked and subsection one (g) of said Executive Order is hereby amended to read as follows:
“(g) The cost of the paper and printing shall be defrayed by each mill company for which the official warehouse receipt-permit forms are provided.”
8. Effective on this date, Executive Order Numbered Five hundred fifty-two, dated January sixteenth, nineteen hundred and thirty-five, is hereby revoked and shall have no further force nor effect. In the future, all transfers of plantations or parts thereof, allowances, allotments and rights thereto, shall be effected under Executive Order Numbered Eight hundred seventy-three, dated September thirtieth, nineteen hundred and thirty-five, and changes in planter’s rights shall be effected under Executive Order Numbered Eight hundred eighty-five, dated October twenty-first, nineteen hundred and thirty-five.
9. Centrifugal sugar of the crop-year nineteen hundred and thirty-three-nineteen hundred and thirty-four which may still be held in custody or control of the centrifugal sugar mill companies listed in Executive Order Numbered Five hundred fifty-four, dated January twentieth, nineteen hundred and thirty-five, may, upon authority of the Domestic Sugar Administration, be released for sale for direct consumption within the Philippines on or before May thirty-first, nineteen hundred and thirty-six, to be charged against the nineteen hundred and thirty-six, domestic quota of the owner thereof.
10. Section one of Executive Order Numbered Eight hundred ninety-nine, dated October thirtieth, nineteen hundred and thirty-five, is hereby amended to read as follows:
“1. Priority of allotments.—Except as otherwise specifically authorized, centrifugal sugar manufactured for the planters in any crop-year shall be credited to the corresponding mill marketing allotments and planter’s rights in the following priority in respect to classes of sugar:
“(a) First, and at any time during the calendar year, to allotments and planter’s rights to B sugar in an amount equal to the quantity withdrawn by the planter for home consumption;11. Subsection four (d) of Executive Order Numbered Eight hundred eighty-nine, dated October twenty-first, nineteen hundred and thirty-five, is hereby further amended to read as follows:
“(b) Second, to allotments of, and planter’s rights to A sugar;
“(c) Thereafter, to allotments of, and planter’s rights to B sugar; and
“(d) Finally, to allotments of, and planter’s rights to C sugar;
“(e) Neither the mill company nor the planter shall enjoy priority over the other and the ratio between the quantity credited to the mill company and that credited to the planter shall be the same as the ratio of the mill company’s milling share to the plantation’s milling share.”
“(d) Shall be replaced by an equal quantity of sugar milled during the nineteen hundred and thirty-five-nineteen hundred and thirty-six crop year unless full replacements is impossible due to shortage.”12. Executive Order Numbered Eight hundred eighty-nine, dated October twenty-first, nineteen hundred and thirty-five, is hereby further amended by adding to section four thereof the following:
“(e) The mill company of each mill district wherein the mill company and/or one or more of its planters have taken advantage of the facilities provided in this Executive Order, shall, on or before the end of its nineteen hundred and thirty-five-nineteen hundred and thirty-six milling season file with the Domestic Sugar Administration two copies of a sworn report showing for the mill company and each planter concerned, the following data:Done at the City of Manila, this twenty-first day of January, in the year of Our Lord, nineteen hundred and thirty-six, and of the Commonwealth of the Philippines, the first.
“(I) Net weight, regardless of raw value, of nineteen hundred and thirty-five C sugar uncovered by permits for C sugar.
“(II) Net weight, regardless of raw value, of nineteen hundred and thirty-five C sugar delivered under permits of A sugar.
“(III) Net weight, raw value as determined by polarization tests requested in subsection four (c) of this Executive Order, or nineteen hundred and thirty-five C sugar delivered under permits for A sugar.
“(IV) Net weight, regardless of raw value, of nineteen hundred and thirty-five C sugar remaining uncovered by permits for C sugar and not delivered under permits for A sugar.”
MANUEL L. QUEZON
President of the Philippines
President of the Philippines
By the President:
TEOFILO SISON
Secretary of the Interior