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. 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.
Chapter 2 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. Chapter 3 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. Chapter 4 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. Chapter 5 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. Chapter 6 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. 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. Chapter 8 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. 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. Subtitle B 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. Chapter 2 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. Chapter 3 Sec. 7. Central Offices. - The Commission shall have the following central offices: Chapter 4 Sec. 10. Statement of Objectives. - In keeping with the constitutional mandate, the Commission adheres to the following objectives: Chapter 5 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. Chapter 6 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. Chapter 7 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. Chapter 8 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 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 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. Subtitle C 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. Chapter 2 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. Chapter 3 Sec. 11. Field Office of the Commission. - The Commission shall have the following field offices: Title II 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. Subtitle B 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. Subtitle C 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. Chapter 2 Sec. 5. Composition of the NEDA Board. - The NEDA Board shall be composed of the following: Chapter 3 Sec. 8. The NEDA Secretariat. - The Secretariat of NEDA shall have the following functions: Chapter 4 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. 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. 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.
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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