Araw ng Marinduque, February 21, 2019: Provincial Ordinance No. 81-2009, Alab ng Puso ng Pilipinas' and Festivals

Exactly ten years ago, An Ordinance Declaring February Twenty-One of Every Year as "Araw ng Marinduque" was adopted on January 28, 2009, by the 11th Sangguniang Panlalawigan of Marinduque. Its sponsor was former board member, Yolando R. Querubin.

Section 1 of the said Provincial Ordinance No. 81 (Resolution No. 534-2009), stated thus:

Section 1. DECLARATION. In commemoration of the re-establishment of Marinduque as an independent province on February 21, 1920, through Act. No. 2880 signed by then American Governor-General Francis Burton Harrion, the 21st day of February of every year is hereby declared as the "Araw ng Marinduque".

Section 2 of the said Ordinance stated in part:

Section 2. BRIEF POLITICAL HISTORY. 

"... On May 1, 1901, the United States-Philippine Commission (The Philippine Commission was a body appointed by the President of the United States to exercise legislative and limited executive powers in 1901, acting as the upper house of a bicameral legislature, with the elected Philippine Assembly acting as lower house. The Jones Act of 1916 later created an elected Philippine Senate to replace the Philippine COmmission), passed Act No. 125 which created the Province of Marinduque, composed of the islands of Marinduque and the adjacent small islands. The provincial government was established in the municipality of Boac, the capital.

By virtue of Act No. 423, dated June 23, 1902, the US-Philippine Commission annexed the island of Mindoro, uncluding the island of Lubang (then separated from Cavite), to the Province of Marinduque. Boac remained as the capital of the consolidated provinces.

Four months later, on November 10, 1902, by virtue of Act No. 499, Marinduque was made a part of the Province of Tayabas, the present Quezon. On  May 17, 1907, under Act. No. 1649, the Commission made Marinduque a sub-province of Tayabas with Juan Nieva as Lieutenant Governor.

Finally on February 21, 1920, Act No. 2880, sponsored in the Lower House by elected representative Ricardo Paras of Marinduque, separated the sub-province of Marinduque from Tayabas and re-established the former Province of Marinduque. That law was signed by American Governor-General Francis Burton Harrison."

Interestingly, there is a Section 3 Contestability Clause in said Ordinance that reads:

Section 3. Contestability Clause. Any person or entity/organization who might find that February 21, 1920 was not the exact date when Act No. 2880 was signed into law may contest this Ordinance upon presentation of validated documents and evidences.

Here follows the document that serves as evidence of the exact date when Act No. 2880 was signed into law. Source: Official Gazette issue of 17 March 1920, Vol XVIII No. 11 showing a copy of Executive Order No. 12 signed by Governor-General Francis Burton Harrison. 

ORDENES EJECUTIVAS.

OFICINA DEL GOBERNADOR GENERAL DE LAS ISLAS FILIPINAS

Manila, 21 de febrero de 1920.

ORDEN EJECUTIVA}

          No. 12           }

De conformided con las disposiciones de la Ley Numero Dos mil ochicientos ochenta, aprobada el veintiuno de febrero de mil novecientos veinte, por la presente erijo en provincia la Antigua Provincia de Marinduque, desde el dia veintidos de febrero de mil novecientos veinte, y declaro vigentes en toda su fuerza y vigor, a partir de esa fecha, las disposiciones de dicha Ley Numero Dos mil ochocientos ochenta.
                                                                 FRANCIS BURTON HARRISON,
                                                                                Gobernador General.

 "In accordance with the provisions of Act Number Two thousand eight hundred eighty, (Act No. 2880), approved on the twenty-first day of February of one thousand nine hundred and twenty, (February 21, 1920), I hereby establish as a province the former Province of Marinduque, as of February 22nd, one thousand nine hundred and twenty, and declare valid in all its force and vigor, as of that date, the provisions of said Act Number Two thousand eight hundred and eighty."

(On which date should be adopted, the date of approval or date of effectivity, the NHCP in the matter concerning the correct date of the foundation day of the municipality of Buenavista, Marinduque stated that the NHCP Board earlier on on March 27, 2017, has resolved "to adopt in all cases” the date of approval “as its foundation date instead of the charter’s date of effectivity” on the basis of the latter date being merely procedural”.)

Front page of "Gaceta Oficial" Vol. XVIII No. 11, dated 17 Marzo de 1920 showing the page where Executive Order No. 12 "erigiendo en provincia la antigua Provincia de Marinduque" (page 529), could be found