Thursday, January 31, 2019

Marinduque as Independent Province: Act No. 2880 was omitted in the Official Gazette; Executive Order No. 12 confirms Feb. 21, 1920 as date of approval.


Without any equivocation let this blogger state it again.

"In accordance with the provisions of Act Number Two thousand eight hundred eighty, approved on the twenty-first day of February of one thousand nine hundred and twenty, I hereby establish as a province the former Province of Marinduque..." - Francis Burton Harrison (Unofficial translation of Executive Order No. 12, February 21, 1920)

The people of Marinduque have been correct in declaring February 21 as their foundation day. A people who are proud of their history, who've always known themselves to be God-fearing, law-abiding and peace-loving Marinduqueños. 

The version of Act No. 2880, "An Act Authorizing the Separation of the Subprovince of Marinduque from the Province of Tayabas and the Reestablishment of the Former Province of Marinduque, and for other Purposes" purportedly 'approved' 21 January 1920 does not appear in the Official Gazette.


Public Acts by number (Leyes Publicas per numero), are published in the Official Gazette. The issue of Official Gazette dated 31 March 1920, Vol. XVIII Nos. 1-13 where Approved Public Laws from Act No. 2876 - 2895 as shown in the above screencap strangely does not include Act No. 2880. 

Be that as it may, Executive Order No. 12 appears in the Official Gazette issue of 17 March 1920, Vol XVIII No. 11.


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.
_________

The following is an unofficial translation* of said Executive Order:

"In accordance with the provisions of Act Number Two thousand eight hundred eighty, approved on the twenty-first day of February of one thousand nine hundred and twenty, 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."
                         
 FRANCIS BURTON HARRISON,  Governor-General     
*Only an Index of Official Gazette in English could be found online and shows the following relevant details: 
"18 (10): 432                             10 Mar ‘20
#12 – establishing as a province the former Province of Marinduque”

To summarize:


Pursuant to Act No. 2880, Gov. Gen. Francis Burton Harrison as so authorized, signed into Law (approved) and issued Executive Order No. 12 on February 21, 1920 establishing as a province the former PROVINCE OF MARINDUQUE, with effect from February 22, 1920.

Act No. 2880 does not appear in the Official Gazette Vol. XVIII Nos. 1-13 where Public Laws were published by number (Act No. 2876 - 2895) in this instance. There's still a possibility that it was amended and published later. But Executive Order No. 12 appears in the Official Gazette issue of 17 March 1920, Vol XVIII No. 11 and should suffice.

In 1973, Malacanang issued Proclamation No. 1099 declaring “February 23, 1973” as “MARINDUQUE PROCLAMATION DAY”.

In 1995, the National Museum, Marinduque Branch opened on February 22. The choice of the date was tied to Marinduque’s reestablishment as a Province .

In 2009, Provincial Ordinance No. 81 was passed declaring February 21 of every year as “ARAW NG MARINDUQUE”. (The date of approval instead of effectivity date, consistent with latter NHCP resolution on such questions). This has been commemorated annually since then. It coincided with National Arts Month Festival. 


Question: Do all Philippine provinces, particularly the ones that were once subprovinces celebrate their foundation day based on the date Public Acts were ‘approved’?
Answer: Not necessarily.

BATANES
ACT NO. 1952. An Act to Provide for the Establishment of the Province of Batanes… Approved 20 MAY 1909.
FOUNDATION DAY: JUNE 26 
Reason: June 26 is being celebrated by the entire province as Batanes Day (Foundation Day) for on June 26, 1783, Batanes was annexed by the Spanish Colonial State.

CAMIGUIN
REPUBLIC ACT NO. 4669, An Act Separating the Subprovince of Camiguin from the Province of Misamis Oriental and Establishing it as an Independent Province (1966) – Approved 18 JUNE 1966
FOUNDATION DAY: JANUARY 7
Reason: Camiguin was made a separate province on June 18, 1966, through the said RA 4669 but FORMALLY INAUGURATED on JANUARY 7, 1968.

SIQUIJOR
REPUBLIC ACT NO. 6398, An Act Separating the Subprovince of SIQUIJOR FROM THE Province of Oriental Negros and Establishing it as an Independent Province – Approved September 17, 1971
FOUNDATION DAY: September 17
Siquijor was probably the last subprovince established as an independent province.

MARINDUQUE
ACT NO. 2880 and Executive Order No. 12 
Approved February 21, 1920
FOUNDATION DAY: February 21
Reason: Truth and Tradition are upheld; NHCP that opines it is January 21 is not infallible.


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