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This web page contains the full text of
Executive Order No. 292
July 25, 1987
The Administrative Code of 1987
INSTITUTING THE "ADMINISTRATIVE CODE OF 1987"
 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

Read full text in one (1) web page of:

THE ADMINISTRATIVE CODE OF THE PHILIPPINES


 
EXECUTIVE ORDER NO. 292
INSTITUTING THE "ADMINISTRATIVE CODE OF 1987"
July 25, 1987

 
    BOOK V
     
    Title I
    CONSTITUTIONAL COMMISSIONS
     
    Subtitle A
    CIVIL SERVICE COMMISSION
     
    Chapter 1
    GENERAL PROVISIONS
     
    Sec. 1. Declaration of Policy. - The State shall insure and promote the Constitutional mandate that appointments in the Civil Service shall be made only according to merit and fitness; that the Civil Service Commission, as the central personnel agency of the Government shall establish a career service, adopt measures to promote morale, efficiency, integrity, responsiveness, and courtesy in the civil service, strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability; that public office is a public trust and public officers and employees must at all times be accountable to the people; and that personnel functions shall be decentralized, delegating the corresponding authority to the departments, offices and agencies where such functions can be effectively performed.chanrobles virtual law library


Chapter 2
COVERAGE OF THE CIVIL SERVICE
 
    Sec. 6. Scope of the Civil Service. - (1) The Civil Service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.chanrobles virtual law library


Chapter 3
ORGANIZATION AND FUNCTIONS
OF THE CIVIL SERVICE COMMISSION
 
    Sec. 10. Composition. - The Commission shall be composed of a Chairman and two Commissioners who shall be natural born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment.chanrobles virtual law library


Chapter 4
INTERDEPARTMENT RELATIONS
 
    Sec. 18. Civil Service Assistance to Department and Agencies. - Each Secretary or head of office, agency, government-owned or controlled corporation with original charter and local government shall be responsible for personnel administration in his office which shall be in accordance with the provision relating to civil service embodied in the Constitution, this Title and the rules, principles, standards, guidelines and regulations established by the Commission. The Civil Service Commission shall, whenever it deems it in the interest of the public service, organize in each department, office, agency, government-owned or controlled corporation, and provincial and city government a Civil Service Staff which shall be headed by an officer of the Commission. The necessary staff personnel and office facilities and equipment shall be provided by the department, government-owned or controlled corporation or local government where the staff is established but the Commission may augment these with its own. The Staff shall serve as the principal liaison between the Civil Service and Department concerned and shall perform the following specific functions and those functions which may hereafter be assigned to it by the Commission.chanrobles virtual law library


Chapter 5
PERSONNEL POLICIES AND STANDARDS
 
    Sec. 21. Recruitment and Selection of Employees. - (1) Opportunity for government employment shall be open to all qualified citizens and positive efforts shall be exerted to attract the best qualified to enter the service. Employees shall be selected on the basis of fitness to perform the duties and assume the responsibilities of the positions.chanrobles virtual law library


Chapter 6
RIGHT TO SELF-ORGANIZATION
 
    Sec. 38. Coverage. - (1) All government employees, including those in government-owned or controlled corporations with original charters, can form, join or assist employees' organizations of their own choosing for the furtherance and protection of their interests. They can also form, in conjunction with appropriate government authorities, labor-management committees, work councils and other forms of workers' participation schemes to achieve the same objectives.chanrobles virtual law library

Chapter 7
PROHIBITIONS
 
    Sec. 54. Limitation on Appointment. - (1) No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.chanrobles virtual law library


Chapter 8
LEAVE OF ABSENCE
 
    Sec. 60. Leave of Absence. - Officers and employees in the Civil Service shall be entitled to leave of absence, with or without pay, as may be provided by law and the rules and regulations of the Civil Service Commission in the interest of the service.chanrobles virtual law library
 
Chapter 9
MISCELLANEOUS PROVISIONS
 
    Sec. 61. Examining Committee, Special Examiners and Special Investigators. - Subject to approval by the proper head of a department or agency, the Commission may select suitable persons in the government service to act as members of examining committees, special examiners or special investigators. Such persons shall be designated examiners or investigators of the Commission and shall perform such duties as the Commission may require, and in the performance of such duties they shall be under its exclusive control. Examining committees, special examiners or special investigators so designated may be given allowances or per diems for their services, to be paid out of the funds of, and at a rate to be determined by, the Commission.chanrobles virtual law library


Subtitle B
THE COMMISSION ON AUDIT
 
Chapter 1
GENERAL PROVISIONS
 
    Sec. 1. Declaration of Policy.- All resources of the government shall be managed, expended or utilized in accordance with law and regulations and safeguarded against loss or wastage through illegal or improper disposition to ensure efficiency, economy and effectiveness in the operations of government. The responsibility to take care that such policy is faithfully adhered to rests directly with the chief or head of the government agency concerned.chanrobles virtual law library


Chapter 2
ORGANIZATION OF THE COMMISSION ON AUDIT
 
    Sec. 3. The Commission Proper. - The Commission Proper shall be composed of the Chairman and two Commissioners. It shall sit as a body to formulate policies, promulgate rules and regulations, and prescribe standards governing the discharge of its powers and functions.chanrobles virtual law library


Chapter 3
OFFICES
 
    Sec. 7. Central Offices. - The Commission shall have the following central offices:


Chapter 4
JURISDICTION, POWERS AND FUNCTIONS OF THE COMMISSION
 
    Sec. 10. Statement of Objectives. - In keeping with the constitutional mandate, the Commission adheres to the following objectives:


Chapter 5
DECISIONS OF THE COMMISSION
 
    Sec. 33. Appeal from Decision of Auditors. - Any person aggrieved by the decision of an auditor of any government agency in the settlement of an account or claim may, within six (6) months from receipts of a copy thereof, appeal in writing to the Commission.chanrobles virtual law library


Chapter 6
GOVERNMENT AUDITING AND ACCOUNTING
 
    Sec. 38. Definition of Government Auditing. - Government auditing is the analytical and systematic examination and verification of financial transactions, operations, accounts and reports of any government agency for the purpose of determining their accuracy, integrity and authenticity, and satisfying the requirements of law, rules and regulations.chanrobles virtual law library


Chapter 7
RECEIPT AND DISPOSITION OF FUNDS AND PROPERTY
 
    Sec. 42. Accounting for Money and Property Received by Public Officials. - Except as may otherwise be specifically provided by law or competent authority, all moneys and property officially received by a public officer in any capacity or upon any occasion must be accounted for as government funds and government property. Government property shall be taken up in the books of the agency concerned at acquisition cost or an appraised value.chanrobles virtual law library


Chapter 8
APPLICATION OF APPROPRIATED FUNDS
 
    Sec. 45. Disbursement of Government Funds. - (1) Revenue funds shall not be paid out of any public treasury or depository except in pursuance of an appropriation law or other specific statutory authority;


Chapter 9
ACCOUNTABILITY AND RESPONSIBILITY
FOR GOVERNMENT FUNDS AND PROPERTY
 
    Sec. 50. Accountable Officers; Board Requirements. - (1) Every officer of any government agency whose duties permit or require the possession or custody government funds shall be accountable therefor and for safekeeping thereof in conformity with law; and


Chapter 10
MISCELLANEOUS PROVISIONS
 
    Sec. 54. Duty to Respect the Commission's Independence. - It shall be the duty of every person to respect, protect and preserve the independence of the Commission.chanrobles virtual law library


Subtitle C
COMMISSION ON ELECTIONS
 
Chapter 1
GENERAL PROVISIONS
 
    Sec. 1. Declaration of Policy. - The State shall at all times ensure free, orderly, honest, peaceful and credible elections under a free and open party system which shall be allowed to evolve according to the free choice of the people subject to the provisions of Article IX-C of the 1987 Constitution of the Philippines.chanrobles virtual law library


Chapter 2
THE COMMISSION PROPER
 
    Sec. 4. Composition and Qualifications. - There shall be a Commission on Elections composed of a Chairman and six (6) Commissioners who shall be natural born citizens of the Philippines and, at the time of their appointment, at least thirty-five (35) years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten (10) years.chanrobles virtual law library


Chapter 3
THE FIELD OFFICES
 
    Sec. 11. Field Office of the Commission. - The Commission shall have the following field offices:


Title II
OTHER BODIES
 
Subtitle A
COMMISSION ON HUMAN RIGHTS
 
    Sec. 1. Composition and Qualification. - The Commission on Human Rights shall be composed of a Chairman and four (4) Members who must be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, and must not have been candidates for any elective position in the elections immediately preceding their appointment. However, a majority thereof shall be members of the Philippine Bar.chanrobles virtual law library


Subtitle B
OFFICE OF THE OMBUDSMAN
 
    Sec. 1. Composition. - (1) The Office of the Ombudsman shall be headed by the Ombudsman, to be known as the Tanod-bayan, who shall be assisted by one overall Deputy and at least by one Deputy each for Luzon, Visayas and Mindanao. A separate Deputy for the military establishment may likewise be appointed.chanrobles virtual law library


Subtitle C
THE NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY
 
Chapter 1
GENERAL PROVISIONS
 
    Sec. 1. Declaration of Policy. - The State shall ensure that all socio-economic programs and activities of the government shall be programmed within the context of well-formulated and consistent long, medium, and short-term development plans and policies to promote both the growth of the economy and the equitable distribution of the benefits of such growth to the members of society. To this end, it is recognized that the formulation of the required socio-economic development policies and plans is a vital process that calls for the participation of the various government agencies and private sector institutions and individuals concerned, both on national, regional, and local levels. This process of policy and plan formulation, however needs to be coordinated closely by a central government agency to ensure consistency of these plans and policies and optimal use of the nation's scarce resources.chanrobles virtual law library


Chapter 2
NEDA BOARD
 
    Sec. 5. Composition of the NEDA Board. - The NEDA Board shall be composed of the following:


Chapter 3
NEDA SECRETARIAT
 
    Sec. 8. The NEDA Secretariat. - The Secretariat of NEDA shall have the following functions:


Chapter 4
ATTACHED AGENCIES
 
    Sec. 16. Retained Agencies. - The following agencies, currently attached to the Authority, shall continue to be so attached for purposes of supervision;

        (1) Philippine Institute for Development Studies:

        (2) Philippine National Volunteer Service Coordinating

        Agency; and

        (3) Tariff Commission.chanrobles virtual law library

        The Authority shall arrange for the transfer of the functions of the following agencies to the Regional Development Councils concerned or other agencies as may be appropriate:

        (1) Kalinga Special Development Region;

        (2) Laguna Lake Development Authority;

        (3) Leyte Sab-A Basin Development Authority.chanrobles virtual law library

        The National Council for integrated Area Development (NACIAD) and the Central Visayas Regional Projects Office (CVRPO) are hereby transferred to the Authority which shall, within one (1) year from the date of effectivity of this Code, recommend their transfer to the appropriate department in conjunction with the Department of Budget and Management. The Authority shall further review the functions and activities of all other Integrated Area Development programs and projects and any other programs requiring multi-sectoral and/or multi-disciplinary approaches in order to recommend the appropriate disposition and supervision of the same.chanrobles virtual law library

        The Authority shall furthermore review the mandate, objectives and functions of all development authorities in order to recommend such dispositions or revisions of their charters, as may be deemed advisable.




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