

The Administrative Code of the Philippines - At a Glance Introductory Provisions Book One Book Two Book Three Book Four Book Five Book Six Book Seven
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Sec. 1. Power of
Control.- The President shall have control of all the
executive departments, bureaus, and offices. He shall ensure that
the
laws
be faithfully executed.
Sec. 2. Executive Orders. -
Acts of the President providing for rules of
a general or permanent character in implementation or execution of
constitutional
or statutory powers shall be promulgated in executive orders.
Sec. 3. Administrative Orders. - Acts of the President which relate to particular aspect of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders. Sec. 4. Proclamations. - Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order. Sec. 5. Memorandum Orders. - Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied in memorandum orders. Sec. 6. Memorandum Circulars. - Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in memorandum circulars.
Sec. 7. General or Special Orders.- Acts and commands of the President
in his capacity as Commander-in-Chief of the Armed Forces of the
Philippines
shall be issued as general or special orders.
Sec. 8. Power to Deport. - The President shall have the power to deport
aliens subject to the requirements of due process.
Sec. 9. Power to Change Non-Immigrant Status of Aliens. - The President, subject to the provisions of law, shall have the power to change the status of non-immigrants by allowing them to acquire permanent residence status without necessity of visa. Sec. 10. Power to Countermand Decisions of the Board of Commissioners of the Bureau of Immigration. - The decision of the Board of Commissioners which has jurisdiction over all deportation cases shall become final and executory after thirty (30) days from promulgation, unless within such period the President shall order the contrary.
Sec. 11. Power over Aliens under the General Principles of
International
Law. - The President shall exercise with respect to aliens in the
Philippines
such powers as are recognized by the generally accepted principles of
international
law.
Sec. 12. Power
of Eminent Domain. - The President shall determine when
it is necessary or advantageous to exercise the power of eminent
domain
in behalf of the National Government, and direct the Solicitor General,
whenever he deems the action advisable, to
institute expropriation
proceedings
in the proper court.
Sec. 13. Power to Direct Escheat or Reversion Proceedings. - The President shall direct the Solicitor General to institute escheat or reversion proceedings over all lands transferred or assigned to persons disqualified under the Constitution to acquire land. Sec. 14. Power to Reserve Lands of the Public and Private Domain of the Government. - (1) The President shall have the power to reserve for settlement or public use, and for specific public purposes, any of the lands of the public domain, the use of which is not otherwise directed by law. The reserved land shall thereafter remain subject to the specific public purpose indicated until otherwise provided by law or proclamation; (2) He shall also have the power to reserve from sale or other disposition and for specific public uses or purposes, any land belonging to the private domain of the Government, or any of the Friar Lands, the use of which is not otherwise directed by law, and thereafter such land shall be used for the purposes specified by such proclamation until otherwise provided by law. Sec. 15. Power over Ill-gotten Wealth. - The President shall direct the Solicitor General to institute proceedings to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees.
Within the period fixed in, or any extension thereof authorized by, the
Constitution, the President shall have the authority to recover
ill-gotten
properties amassed by the leaders and supporters of the previous regime
and protect the interest of the people through orders of sequestration
or freezing of assets or accounts.
Sec. 16. Power of Appointment. - The President shall exercise the power
to appoint such officials as provided for in the Constitution and laws.
Sec. 17. Power to Issue Temporary Designation. - (1) The President may temporarily designate an officer already in the government service or any other competent person to perform the functions of an office in the executive branch, appointment to which is vested in him by law, when: (a) the officer regularly appointed to the office is unable to perform his duties by reason of illness, absence or any other cause; or (b) there exists a vacancy; (2) The person designated shall receive the compensation attached to the position, unless he is already in the government service in which case he shall receive only such additional compensation as, with his existing salary, shall not exceed the salary authorized by law for the position filled. The compensation hereby authorized shall be paid out of the funds appropriated for the office or agency concerned.
(3) In no case shall a temporary designation exceed one (1) year.
Sec. 18. General Supervision Over Local Governments.
- The President
shall
exercise general supervision over local governments.
Sec. 19. Powers Under the Constitution. - The President shall exercise
such other powers as are provided for in the Constitution.
Sec. 20. Residual Powers. - Unless Congress provides otherwise, the
President
shall exercise such other powers and functions vested in the President
which are provided for under the laws and which are not specifically
enumerated
above, or which are not delegated by the President in accordance with
law.
Sec. 21. Organization. - The Office of the President shall consist of
the
Office of the President Proper and the agencies under it.
Sec. 22. Office for the President Proper. - (1) The Office of the President Proper shall consist of the Private Office, the Executive Office, the Common Staff Support System, and the Presidential Special Assistants/Advisers System; (2) The Executive Office refers to the Offices of the Executive Secretary, Deputy Executive Secretaries and Assistant Executive Secretaries; (3) The
Common Staff Support
System embraces the offices or units under
the general categories of development and management, general
government
administration and internal administration; and (4) The President Special Assistants/Advisers System includes such special assistants or advisers as may be needed by the President.
Sec. 23. The Agencies under the Office of the President. - The agencies under the Office of the President refer to those offices placed under the chairmanship of the President, those under the supervision and control of the President, those under the administrative supervision of the Office of the President, those attached to it for policy and program coordination, and those that are not placed by law or order creating them under any specific department.
Sec. 24. Functions of the Private Office. - The Private Office shall
provide
direct services to the President and shall for this purpose
attend
to functions
and matters that are personal or which pertain to the First Family.
Sec. 25. Declaration of Policy. - The Executive Office shall be fully
responsive
to the specific needs and requirements of the President to chieve the
purposes and objectives of the Office.
Sec. 26. The Executive Secretary, the Deputy Executive Secretaries, and the Assistant Executive Secretaries. - The Executive Office shall be headed by the Executive Secretary who shall be assisted by one (1) or more Deputy Executive Secretaries and one (1) or more Assistant Executive Secretaries.
Sec. 27. Functions of the Executive Secretary. - The Executive
Secretary
shall, subject to the control and supervision of the President, carry
out
the functions assigned by law to the Executive Office and shall perform
such other duties as may be delegated to him. He shall:
(2) Implement presidential directives, orders and decisions; (3) Decide, for and in behalf of the President, matters not requiring personal presidential attention; (4) Exercise supervision and control over the various units in the Office of the President Proper including their internal administrative requirements; (5) Exercise supervision, in behalf of the President, over the various agencies under the Office of the President; (6) Appoint officials and employees of the Office of the President whose appointments are not vested in the President; (7) Provide overall coordination in the operation of the Executive Office; (8) Determine and assign matters to the appropriate units in the Office of the President; (9) Have administrative responsibility for matters in the Office of the President coming from the various departments and agencies of government; (10) Exercise primary authority to sign papers "By authority of the President", attest executive orders and other presidential issuances unless attestation is specifically delegated to other officials by him or by the President; (11) Determine, with the President's approval, the appropriate assignment of offices and agencies not placed by law under any specific executive department; (12) Provide consultative, research, fact-finding and advisory service to the President; (13) Assist the President in the performance of functions pertaining to legislation; (14) Assist the President in the administration of special projects; (15) Take charge of matters pertaining to protocol in State and ceremonial functions; (16) Provide secretarial and clerical services for the President, the Cabinet, the Council of State, and other advisory bodies to the President (17) Promulgate such rules and regulations necessary to carry out the objectives, policies and functions of the Office of the President Proper; (18) Perform such other functions as the President may direct.
Sec. 28.
Functions of the Common Staff Support System. - The various staff
units in the Office of the President Proper shall form a common
staff support
system and shall be organized along the various tasks of the Office
namely:
(2) The Presidential Management Staff (PMS) which shall be the primary government agency directly responsible to the Office of the President for providing staff assistance in the Presidential exercise of overall management of the development process. It shall have such organization, powers and functions as are prescribed by law; (3) General Government Administration Staff which shall provide the President with staff support on matters concerning general government administration relative to the operations of the national government including the provision of legal services, administrative services, staff work on political and legislative matters, information and assistance to the general public, measures toward resolution of complaints against public officials and employees brought to the attention of the Office of the President and such other matters as the President may assign; (4) Internal Administrative Staff which shall render auxiliary and support services for the internal administration of the Office of the President.
Sec. 29. Functions of
Presidential Assistants/Advisers Systems. - The Special
Assistants/Advisers System shall provide advisory
or consultative services
to the President in such fields and under such conditions as the
President
may determine.
Sec. 30. Function of Agencies Under the Office of the President. -
Agencies
under the Office of the President shall continue to operate and
function
in accordance with their respective charters or laws creating them,
except
as otherwise provided in this Code or by law.
Sec. 31. Continuing Authority of the President to Reorganize his
Office.
- The President, subject to the policy in the Executive Office and in
order
to achieve simplicity, economy and efficiency, shall have continuing
authority
to reorganize the administrative structure of the Office of the
President.
For this purpose, he may take any of the following actions:
(2) Transfer any function under the Office of the President to any other Department or Agency as well as transfer functions to the Office of the President from other Departments and Agencies; and (3) Transfer any agency under the Office of the President to any other department or agency as well as transfer agencies to the Office of the President from other departments or agencies. |



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