(1) "Government
of the Republic of the Philippines" refers to the corporate
governmental
entity through which the functions of government are exercised
throughout
the Philippines, including, save as the contrary appears from the
context,
the various arms through which political authority is made effective in
the Philippines, whether pertaining to the autonomous regions, the
provincial,
city, municipal or barangay subdivisions or other forms of local
government.chanrobles virtual law library
(2) "National
Government" refers to the entire machinery of the central
government,
as distinguished from the different forms of local governments.chanrobles virtual law library
(3)
"Local
Government" refers to the political subdivisions established by or
in accordance with the Constitution.chanrobles virtual law library
(4) "Agency
of the Government" refers to any of the various units of the
Government,
including a department, bureau, office, instrumentality, or
government-owned
or controlled corporations, or a local government or a distinct unit
therein.chanrobles virtual law library
(5) "National
agency" refers to a unit of the National Government.chanrobles virtual law library
(6) "Local
agency" refers to a local government or a distinct unit therein.chanrobles virtual law library
(7) "Department"
refers to an executive department created by law. For purposes of Book
IV, this shall include any instrumentality, as herein defined, having
or
assigned the rank of a department, regardless of its name or
designation.chanrobles virtual law library
(8) "Bureau" refers to any
principal subdivision or unit of any department.
For
purposes of Book IV, this shall include any principal subdivision or
unit
of any instrumentality given or assigned the rank of a bureau,
regardless
of actual name or designation, as in the case of department-wide
regional
offices.chanrobles virtual law library
(9)
"Office"
refers, within the framework of governmental organization, to any major
functional unit of a department or bureau including regional offices.
It
may also refer to any position held or occupied by individual persons,
whose functions are defined by law or regulation.chanrobles virtual law library
(10)
"Instrumentality" refers to any agency of the National Government,
not integrated within the department framework vested within special
functions
or jurisdiction by law, endowed with some if not all corporate powers,
administering special funds, and enjoying operational autonomy, usually
through a charter. This term includes regulatory agencies, chartered
institutions
and government-owned or controlled corporations.chanrobles virtual law library
(11) "Regulatory
agency" refers to any agency expressly vested with jurisdiction to
regulate, administer or adjudicate matters affecting substantial rights
and interests of private persons, the principal powers of which are
exercised
by a collective body, such as a commission, board or council.chanrobles virtual law library
(12) "Chartered
institution" refers to any agency organized or operating under a
special
charter, and vested by law with functions relating to specific
constitutional
policies or objectives. This term includes the state universities and
colleges
and the monetary authority of the State.chanrobles virtual law library
(13) "Government-owned
or controlled corporation" refers to any agency organized as a
stock
or non-stock corporation, vested with functions relating to public
needs
whether governmental or proprietary in nature, and owned by the
Government
directly or through its instrumentalities either wholly, or, where
applicable
as in the case of stock corporations, to the extent of at least
fifty-one
(51) per cent of its capital stock: Provided, That government-owned or
controlled corporations may be further categorized by the Department of
the Budget, the Civil Service Commission, and the Commission on Audit
for
purposes of the exercise and discharge of their respective powers,
functions
and responsibilities with respect to such corporations.chanrobles virtual law library
(14) "Officer"
as distinguished from "clerk" or "employee", refers to
a
person whose duties, not being of a clerical or manual nature, involves
the exercise of discretion in the performance of the functions of the
government.
When used with reference to a person having authority to do a
particular
act or perform a particular function in the exercise of governmental
power, "officer" includes any government employee, agent or
body
having
authority to do the act or exercise that function.chanrobles virtual law library
(15) "Employee",
when used with reference to a person in the public service, includes
any
person in the service of the government or any of its agencies,
divisions,
subdivisions or instrumentalities.chanrobles virtual law library