Creation of Oriental Misamis and Occidental Misamis

November 30, 1927

ACT NO. 3354

AN ACT TO CREATE THE PROVINCES OF ORIENTAL MISAMIS AND OCCIDENTAL MISAMIS AND ESTABLISH THE BOUNDARIES THEREOF

SECTION 1. The Province of Misamis is hereby divided into two provinces, to be known as Oriental Misamis and Occidental Misamis, in the following manner:

The Province of Oriental Misamis shall consist of that portion of the present Province of Misamis which comprises the municipalities of Balingasag, Cagayan, Gingoog, Initao, Salay, Tagoloan, and Talisayan, the island of Camiguin with its municipalities and adjacent small islands, and the municipal districts of Claveria, Lourdes, and Napaliran.

The Province of Occidental Misamis shall consist of the other portion of the present Province of Misamis, comprising the municipalities of Baliangao, Plaridel, Oroquieta, Aloran, Jimenez, Tudela, Clarin, and Misamis, and of the portion of the Province of Zamboanga described as follows: Beginning at the end of the boundary between Zamboanga and Misamis on the North coast, in a straight line to the intersection of the meridian of 123°, east longitude, with the parallel of 8°, north latitude; thence continuing in a straight line to the west bank of the mouth of the Labangan River; thence following the coast line to South end of the boundary between Zamboanga and Lanao on the coast; thence following the boundary between Zamboanga and Lanao to the North end of said boundary on the coast; thence following the coast line to the South end of the boundary between Zamboanga and Misamis; thence following the boundary between Zamboanga and Misamis.

The provisions of this section to the contrary notwithstanding, if upon making the division herein provided for, the unity of any municipal districts or barrios in the portion of the territory of Zamboanga hereby annexed to Occidental Misamis is affected, the Governor-General may direct that the portion of the municipal district or districts or barrios which in accordance with the boundaries established in this section belongs to the Province of Zamboanga, shall be annexed to the municipal district or districts or barrios belonging to Occidental Misamis.

SECTION 2. The municipal districts at present existing in the portion of the Province of Zamboanga annexed to the Province of Occidental Misamis by this Act shall continue to function and shall be transferred to the control and jurisdiction of the provincial authorities of Occidental Misamis, and all civil and criminal cases pending in the portion of Zamboanga annexed to Occidental Misamis and triable by the Court of First Instance shall pass to the jurisdiction of the Court which may in accordance with law exercise jurisdiction over Occidental Misamis: Provided, however, That in case the Governor-General should consider it in the public interest he may reorganize said municipal districts by means of an executive order.

SECTION 3. The capital of Oriental Misamis shall be Cagayan and that of Occidental Misamis shall be the municipality designated by the majority of the municipal presidents in a convention called for said purpose by the provincial governor.

SECTION 4. All provisions of law now or hereafter applicable to the regular provinces shall be applicable to the provinces of Oriental Misamis and Occidental Misamis.

SECTION 5. The elective provincial officers of the former Province of Misamis elected at the last general election shall continue to govern the Province of Oriental Misamis until their successors shall have been elected at the next general election and shall have taken oath of office. The provincial governor, the provincial treasurer, and the provincial fiscal of Oriental Misamis shall continue to receive the salary they are now receiving, until the new readjustment of salaries in accordance with existing law.

SECTION 6. As soon as this Act shall be carried into execution, the elective provincial officers of the Province of Occidental Misamis shall be appointed by the Governor-General, with the advice and consent of the Senate, and shall hold office until their successors shall have been duly elected and qualified. Until the new readjustment of salaries in accordance with existing law, the provincial officers of Occidental Misamis shall, respectively, receive an annual compensation to be designated by the provincial board, which shall in no case exceed four thousand five hundred pesos for the provincial governor, four thousand two hundred pesos for the provincial treasurer, and four thousand pesos for the provincial fiscal, and each member of the provincial board shall receive a per diem of not to exceed fifteen pesos for each day of session actually attended by him.

SECTION 7. The Provinces of Oriental Misamis and Occidental Misamis shall each have one Representative: Provided, That the Representative for the first district of Misamis shall be considered as Representative for Oriental Misamis and the Representative for the second district shall be considered as Representative for Occidental Misamis.

SECTION 8. The funds and obligations and the property of all kinds to be assigned to the Provinces of Oriental Misamis and Occidental Misamis upon the execution of the provisions of this Act shall be distributed equitably between the two provinces, in such manner as the Insular Auditor may recommend and the Governor-General approve.

SECTION 9. The Governor-General is hereby authorized to designate by executive order the date for carrying out the division herein provided for, which shall in no case be later than the thirty-first of December, nineteen hundred and thirty.

SECTION 10. All acts or parts of acts inconsistent with the provisions hereof are hereby repealed.

SECTION 11. This Act shall take effect on its approval.

Approved, November 30, 1927.