Sec. 29. Other Bodies. - There shall be in accordance with the
Constitution,
an Office of the Ombudsman, a Commission on Human Rights,
an
independent
central monetary authority, and a national police commission. Likewise,
as provided in the Constitution, Congress may establish an independent
economic and planning agency.
BOOK
III
OFFICE
OF THE PRESIDENT
Title
I
POWERS
OF THE PRESIDENT
Chapter
1
POWER
OF CONTROL
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.chanrobles virtual law library
Chapter
2
ORDINANCE
POWER
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
Chapter
3
POWER
OVER ALIENS
Sec. 8. Power to Deport. - The President shall have the power to deport
aliens subject to the requirements of due process.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
Chapter
4
POWERS
OF EMINENT DOMAIN, ESCHEAT,
LAND
RESERVATION AND RECOVERY OF ILL-GOTTEN WEALTH
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
Chapter
5
POWER
OF APPOINTMENT
Sec. 16. Power of Appointment. - The President shall exercise the power
to appoint such officials as provided for in the Constitution and laws.chanrobles virtual law library
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.chanrobles virtual law library
(3) In no case shall a temporary designation exceed one (1) year.chanrobles virtual law library
Chapter
6
GENERAL
SUPERVISION OVER
LOCAL
GOVERNMENTS
Sec. 18. General Supervision Over Local Governments.
- The President
shall
exercise general supervision over local governments.chanrobles virtual law library
Chapter
7
OTHER
POWERS
Sec. 19. Powers Under the Constitution. - The President shall exercise
such other powers as are provided for in the Constitution.chanrobles virtual law library
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.chanrobles virtual law library
Title
II
ORGANIZATION
Chapter
8
ORGANIZATION
OF THE OFFICE OF THE PRESIDENT
Sec. 21. Organization. - The Office of the President shall consist of
the
Office of the President Proper and the agencies under it.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
Title
III
FUNCTIONS
Chapter
9
FUNCTIONS
OF THE DIFFERENT OFFICES
IN
THE OFFICE OF THE PRESIDENT PROPER
A -
PRIVATE OFFICE
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.chanrobles virtual law library
B -
THE EXECUTIVE OFFICE
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.chanrobles virtual law library
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.chanrobles virtual law library
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:
(1)
Directly
assist the President in the management of the affairs pertaining to the
Government of the Republic of the Philippines;
(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.chanrobles virtual law library
C -
COMMON STAFF SUPPORT SYSTEM
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:
(1) The
Cabinet Secretariat which shall assist the President in the
establishment
of agenda topics for the Cabinet deliberation, or facilitate the
discussion
of cabinet meetings. It shall have such organization, powers and
functions
as are prescribed by law;
(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.chanrobles virtual law library
D -
PRESIDENTIAL ASSISTANT/ADVISERS SYSTEM
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.chanrobles virtual law library
Chapter
10
FUNCTIONS
OF THE AGENCIES
UNDER
THE OFFICE OF THE PRESIDENT
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:
(1)
Restructure
the internal organization of the Office of the President Proper,
including
the immediate Offices, the Presidential Special Assistants/Advisers
System
and the Common staff Support System, by abolishing, consolidating or
merging
units thereof or transferring functions from one unit to another;chanroblesvirtualawlibrary
(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.
BOOK
IV
THE
EXECUTIVE BRANCH
Chapter
1
THE
DEPARTMENTS
Sec. 1. Purpose and Number of Departments. - The Executive Branch shall
have such Departments as are necessary for the functional distribution
of the work of the President and for the performance of their functions.chanrobles virtual law library
Chapter
2
SECRETARIES,
UNDERSECRETARIES,
AND
ASSISTANT SECRETARIES
Sec. 6. Authority and Responsibility of the Secretary. - The authority
and responsibility for the exercise of the mandate of the Department
and
for the discharge of its powers and functions shall be vested in the
Secretary,
who shall have supervision and control of the Department.chanrobles virtual law library
Sec. 7. Powers and Functions of the Secretary. - The Secretary shall:
(1)
Advise
the President in issuing executive orders, regulations, proclamations
and
other issuances, the promulgation of which is expressly vested by law
in
the President relative to matters under the jurisdiction of the
Department;
Sec. 9. Submission of Budget Estimates. - The Secretary shall prepare
and
submit to the President through the Department of Budget and Management
an estimate of the necessary expenditures of the department during the
next fiscal year, on the basis of the reports and estimates submitted
by
bureaus and officers under him.chanrobles virtual law library
(1)
Advise
and assist the Secretary in the formulation and implementation of
department
objectives and policies;
Chapter
3
DEPARTMENT
SERVICES
Sec. 12.
Department Services. - Except as otherwise provided by law, each
Department
shall have Department Services which shall include the Planning
Service,
the Financial and Management Service, the Administrative Service, and
whenever
necessary the Technical and Legal Services.chanrobles virtual law library
Chapter
4
BUREAUS
Sec. 18. Bureaus in General. - (1) A Bureau is any principal
subdivision
of the department performing a single major function or closely related
functions. Bureaus are either staff or line.chanrobles virtual law library
(a)
Advise
and assist the Office of the Secretary on matters pertaining to the
Bureau's
area of specialization;
(3) The staff bureau shall avail itself of the planning, financial and
administrative services in the department proper. The bureau may have a
separate administrative division, if circumstances so warrant.chanrobles virtual law library
(a)
Exercise
supervision and control over all division and other units, including
regional
offices, under the bureau;
Chapter
5
FIELD
OFFICES
Sec. 21. Regional Offices. - Regional Offices shall be established
according
to law defining field service areas. The administrative regions shall
be
composed of a National Capital Region and Regions I to XII. Provincial
and district offices may be established only by law whenever necessary.chanrobles virtual law library
(a)
Implement
laws, policies, plans, programs, rules and regulations of the
department
or agency in the regional area;chanroblesvirtualawlibrary
(1)
Implement
laws, policies, rules and regulations within the responsibility of the
agency;
Chapter
6
POWERS
AND DUTIES OF HEADS OF
BUREAUS
OR OFFICES
Sec. 29. Powers and Duties in General. - The head of bureau or office
shall
be its chief executive officer. He shall exercise overall authority in
matters within the jurisdiction of the bureau, office or agency,
including
those relating to its operations, and enforce all laws and regulations
pertaining to it.chanrobles virtual law library
Chapter
7
ADMINISTRATIVE
RELATIONSHIP
Sec. 38. Definition of Administrative Relationship. - Unless otherwise
expressly stated in the Code or in other laws defining the special
relationships
of particular agencies, administrative relationships shall be
categorized
and defined as follows:
Chapter
8
SUPERVISION
AND CONTROL
Sec. 39. Secretary's Authority. - (1) The Secretary shall have
supervision
and control over the bureaus, offices, and agencies under him, subject
to the following guidelines:
(a)
Initiative
and freedom of action on the part of subordinate units shall be
encouraged
and promoted, rather than curtailed, and reasonable opportunity to act
shall be afforded those units before control is exercised;
(2) This Chapter shall not apply to chartered institutions or
government-owned
or controlled corporations attached to the department.
Chapter
9
RELATIONSHIP
OR GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS AND REGULATORY AGENCIES
TO THE DEPARTMENT
Sec. 42. Government-Owned or Controlled Corporations. -
Government-owned
or controlled corporations shall be attached to the appropriate
department
with which they have allied functions, as hereinafter provided, or as
may
be provided by executive order, for policy and program coordination and
for general supervision provided in pertinent provisions of this Code.chanrobles virtual law library
Chapter
10
APPOINTMENTS
AND QUALIFICATIONS
Sec. 44. Appointment of Secretaries. - The Secretaries of Departments
shall
be appointed by the President with the consent of the Commission on
Appointments,
at the beginning of his term of office, and shall hold office, unless
sooner
removed, until the expiration of his term of office, or until their
successors
shall have been appointed and qualified.chanrobles virtual law library
Chapter
11
ADMINISTRATIVE
ISSUANCES
Sec. 50. General Classification of Issuances. - The administrative
issuances
of Secretaries and heads of bureaus, offices or agencies shall be in
the
form of circulars or orders.chanrobles virtual law library
Chapter
12
MISCELLANEOUS
RECEIPTS
Sec. 54. Charges for Property Sold or Services Rendered; Refunds. - (1)
For services required by law to be rendered for a fee, for supplies
furnished,
or articles of any kind sold to other divisions of the government or to
any person, the head of bureau, office or agency may, upon approval of
the Secretary charge and collect the cost of the service, supplies, or
articles or other rate in excess of cost prescribed by law or approved
by the same authority. For local governments, the rate, except where
otherwise
prescribed by law, shall be affixed at cost or at such other reasonable
rate in excess of cost by the boards or councils concerned;
Chapter
13
CONTRACTS
Sec. 57. Conveyances and Contracts to which the Government is a Party.
- Any deed, instrument or contract conveying the title to real estate
or
to any other property the value of which does not exceed fifty million
pesos (P50,000,000) awarded through public bidding, and five million
pesos
(P5,000,000) awarded through negotiation, shall be executed and signed
by the respective Secretary on behalf of the Government of the
Philippines.
Where the value of the property exceeds the aforesaid ceilings, such
deed,
instrument or contract shall be executed and signed by the President of
the Philippines on behalf of the Government.chanrobles virtual law library
Chapter
14
CONTROVERSIES
AMONG GOVERNMENT
OFFICES
AND CORPORATIONS
Sec. 66. How Settled. - All disputes, claims and controversies, solely
between or among the departments, bureaus, offices, agencies and
instrumentalities
of the National Government, including government-owned or controlled
corporations,
such as those arising from the interpretation and application of
statutes,
contracts or agreements, shall be administratively settled or
adjudicated
in the manner provided in this Chapter. This Chapter shall, however,
not
apply to disputes involving the Congress, the Supreme Court, the
Constitutional
Commissions, and local governments.chanrobles virtual law library
Title
I
FOREIGN
AFFAIRS
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State shall pursue an independent
foreign policy. In its relations with other states the paramount
consideration
shall be national sovereignty, territorial integrity, national
interest,
and the right to self-determination.chanrobles virtual law library
Chapter
2
DEPARTMENT
PROPER
Sec. 5. Offices Under the Direct Supervision of the Secretary. - The
Secretary
shall exercise direct supervision over the following:
Chapter
3
DEPARTMENT
SERVICES
Sec. 10. Office of the Legal Adviser. - The Office of the Legal Adviser
shall be headed by a Legal Adviser, who shall be a career Chief of
Mission.
However, the Legal Adviser may be appointed by the President, upon the
recommendation of the Secretary, from outside the career service, in
which
case he shall have the assimilated rank of a Chief of Mission. His term
shall be co-terminus with the tenure of the Secretary, unless sooner
terminated,
and he is not eligible for foreign assignment. The Legal Adviser shall
provide legal advice and services to the Department.chanrobles virtual law library
Chapter
4
BOARD
OF FOREIGN SERVICE ADMINISTRATION
Sec. 15. Composition. - The Board of Foreign Service Administration
shall
be composed of nine (9) members: one (1) Undersecretary as Chairman;
the
other Undersecretary as Vice-Chairman; the six (6) Assistant
Secretaries
and the Legal Adviser, as members.chanrobles virtual law library
Chapter
5
BOARD
OF FOREIGN SERVICE EXAMINERS
Sec. 17. Composition. - The Board of Foreign Service Examiners shall be
composed of one (1) Undersecretary as Chairman; and the Assistant
Secretary
for Personnel and Administrative Services and a Commissioner of the
Civil
Service Commission as members. The Board shall be under the
administrative
supervision of such Undersecretary.chanrobles virtual law library
Chapter
6
ATTACHED
AGENCIES
Sec. 19. Attached Agencies. - The Law of the Sea Secretariat, the
Inter-Agency
Technical Committee on Economic, Scientific and Technical Cooperation
with
Socialist Countries (SOCCOM), the Inter-Agency Technical Committee on
Technical
Cooperation Among Developing Countries (IATC-TC), the Permanent
Inter-Agency
Technical Committee on ESCAP Matters (PITCEM), and other agencies
attached
to the Department shall continue to operate and function in accordance
with their respective charters or laws creating them, except as
otherwise
provided in this Code.chanrobles virtual law library
Chapter
7
THE
FOREIGN SERVICE
Sec. 20. Functions of Diplomatic Missions. - The Diplomatic Missions
shall:
Chapter
8
ATTACHES
AND REPRESENTATIVES
Sec. 22. Attaches of the Department. - The Department Head shall
designate
attaches of the Department from the ranks of Foreign Service Officers
and
Foreign Service Staff Officers.chanrobles virtual law library
Chapter
9
PERSONNEL
Sec. 29. Policy. - To enable the Foreign Service to effectively serve
abroad
the interests of the Republic of the Philippines, it shall be the
policy
of the Department that only persons who are competent, of good moral
character,
and fully informed of the Philippine History and current trends in
Filipino
life shall be appointed to the service.chanrobles virtual law library
Chapter
10
APPOINTMENTS,
COMPENSATION AND BENEFITS
Sec. 35. Foreign Service Officers. - (1) Foreign Service Officers shall
be appointed by the President.chanrobles virtual law library
Chapter
11
PROMOTIONS
Sec. 39. Merit Promotion System. - The Board of the Foreign Service
shall
establish a merit promotion system for all officers and employees of
the
Department.chanrobles virtual law library
Chapter
12
ASSIGNMENTS
AND TRANSFERS
Sec. 43. Rotation Plan. - The secretary shall establish a system of
assignments
and transfers to ensure that all qualified officers and employees,
except
the employees in the non-career service, shall serve in diplomatic and
consular establishments in different regions of the world. The
assignment
and transfer of personnel shall follow a regular rotation plan. For
purposes
of assignments, the home office shall be considered a post. All
personnel
shall be available for assignment to any post.chanrobles virtual law library
Chapter
13
PASSPORT
Sec. 48. Definition. - A Philippine passport is an official document of
identity of Philippine citizenship of the holder issued for travel
purposes.chanrobles virtual law library
Chapter
14
MISCELLANEOUS
PROVISIONS
Sec. 55. Use of Savings. - The Secretary is authorized to use any
savings
in the appropriations for the Department for the payment of: (a)
expenses
for the evacuation or repatriation to the Philippines, when necessary
due
to an emergency, of members of the household of the personnel of any
diplomatic
or consular establishment as well as the transportation of their
personal
effects; (b) actual return passage by the most direct and economical
means
of transportation and the cost of shipment of the household effects to
Manila of any officer or employee in the Foreign Service, including the
immediate dependent members of his family, who resigns or is separated
from the service for cause; (c) the cost of preparing and transporting
the remains of an officer or employee who is a citizen of the
Philippines
and the immediate members of his family who may die abroad or while in
travel status; or (d) contingent and unforeseen expenses that may arise
in connection with the operation of the Foreign Service.chanrobles virtual law library
Title
II
FINANCE
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - It is the policy of the State that the
Department of Finance shall be primarily responsible for the sound and
efficient management of the financial resources of the Government, its
subdivisions, agencies and instrumentalities.chanrobles virtual law library
Chapter
2
DEPARTMENT
PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary shall
consist
of the Secretary, his Undersecretary and their immediate staffs.chanrobles virtual law library
Chapter
3
DEPARTMENT
SERVICES
Sec. 8. Policy Development and Management Services Group. - The Policy
Development and Management Services Group, which shall be headed by an
Undersecretary, shall consist of the following:
Chapter
4
BUREAUS
Sec. 16. Operations Groups. - The Operation Groups, each of which shall
be headed by an Undersecretary, shall consist of the following:
Chapter
5
REGIONAL
OFFICES
Sec. 40. Regional Offices. - There shall be a Regional Office in each
region.
Each Regional Office shall be headed by a Regional Director.chanrobles virtual law library
Chapter
6
ATTACHED
AGENCIES
Sec. 42. Attached Agencies. - The following agencies are hereby
attached
to the Department:
Title
III - JUSTICE
Chapter
I
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - It is the declared policy of the State
to provide the government with a principal law agency which shall be
both
its legal counsel and prosecution arm; administer the criminal justice
system in accordance with the accepted processes thereof consisting in
the investigation of the crimes, prosecution of offenders and
administration
of the correctional system; implement the laws on the admission and
stay
of aliens, citizenship, land titling system, and settlement of land
problems
involving small landowners and members of indigenous cultural
minorities;
and provide free legal services to indigent members of the society.chanrobles virtual law library
Chapter
2
DEPARTMENT
PROPER
Sec. 5. The Department Proper. - The Department Proper shall be
composed
of the Office of the Secretary and the Undersecretaries, Technical and
Administrative Service, Financial Management Service, Legal Staff and
the
Office of the Chief State Prosecutor.chanrobles virtual law library
Chapter
3
OFFICE
OF THE GOVERNMENT
CORPORATE
COUNSEL
Sec. 10. Office of the Government Corporate Counsel. - The Office of
the
Government Corporate Counsel (OGCC) shall act as the principal law
office
of all government-owned or controlled corporations, their subsidiaries,
other corporate off-springs and government acquired asset corporations
and shall exercise control and supervision over all legal departments
or
divisions maintained separately and such powers and functions as are
now
or may hereafter be provided by law. In the exercise of such control
and
supervision, the Government Corporate Counsel shall promulgate rules
and
regulations to effectively implement the objectives of the Office.chanrobles virtual law library
Chapter
4
NATIONAL
BUREAU OF INVESTIGATION
Sec. 11. National Bureau of Investigation. - The National Bureau of
Investigation
(NBI) with all its duly authorized constituent units including its
regional
and district offices and rehabilitation center, shall continue to
perform
the powers and functions as are now vested in it under the existing law
and such additional functions as may hereafter be provided by law.chanrobles virtual law library
Chapter
5
PUBLIC
ATTORNEY'S OFFICE
Sec. 14. Public Attorney's Office (PAO). - The Citizen's Legal
Assistance
Office (CLAO) is renamed Public Attorney's Office (PAO). It shall
exercise
the powers and functions as are now provided by law for the Citizen's
Legal
Assistance Office or may hereafter be provided by law.chanrobles virtual law library
Chapter
6
BOARD
OF PARDONS AND PAROLE
Sec. 17. Board of Pardons and Parole. - The Board of Pardons and Parole
shall continue to discharge the powers and functions as provided in
existing
law and such additional functions as may be provided by law.chanrobles virtual law library
Chapter
7
PAROLE
AND PROBATION ADMINISTRATION
Sec. 23. Parole and Probation Administration. - The Parole and
Probation
Administration hereinafter referred to as the Administration shall have
the follolwing functions:
Chapter
8
BUREAU
OF CORRECTIONS
Sec. 26. Bureau of Corrections. - The Bureau of Corrections shall have
its principal task the rehabilitation of prisoners. The Bureau of
Corrections
shall exercise such powers and functions as are now provided for the
Bureau
of Prisons or may hereafter be provided by law.chanrobles virtual law library
Chapter
9
LAND
REGISTRATION AUTHORITY
Sec. 28. The Land Registration Authority. - The Land Registration
Authority,
hereinafter referred to as the Authority shall continue to exercise its
powers and functions under existing law on the Land Titles and Deeds
Registration
Authority and those which may hereafter be provided by law.chanrobles virtual law library
Chaper
10
BUREAU
OF IMMIGRATION
Sec. 31. Bureau of Immigration. - The Bureau of Immigration is
principally
responsible for the administration and enforcement of immigration,
citizenship
and alien admission and registration laws in accordance with the
provisions
of the Philippine Immigration Act of 1940, as amended (C.A. No. 613, as
amended). The following units shall comprise the structural
organization
of the Bureau:
Chapter
11
COMMISSION
ON THE SETTLEMENT OF LAND PROBLEMS
Sec. 32. Commission on the Settlement of Land Problems. - The
Commission
on the Settlement of Land Problems shall be responsible for the
settlement
of land problems involving small landowners and members of cultural
minorities.
It shall also perform such other functions, as are now or may hereafter
be provided by law.chanrobles virtual law library
Chapter
12
OFFICE
OF THE SOLICITOR GENERAL
Sec. 34. Organizational Structure. - The Office of the Solicitor
General
shall be an independent and autonomous office attached to the
Department
of Justice.chanrobles virtual law library
Title
IV - AGRICULTURE
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State shall promote the well being
of farmers, including share tenants, leaseholders, settlers, fishermen,
and other rural workers by providing an environment in which they can
increase
their income, improve their living conditions, and maximize their
contributions
to the national economy. Toward this end, the State shall accelerate
agricultural
development and enhance the production of agricultural crops,
fisheries,
and livestock by optimizing the use of resources and by applying modern
farming systems and technology in order to attain food security for
domestic
use and expand and diversify agricultural production for export. It
shall
also encourage private initiative in agri-business ventures both in the
production and in the exportation and importation of food and other
allied
commodities.chanrobles virtual law library
Chapter
2
DEPARTMENT
PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary shall
consist
of the Secretary and his immediate staff as determined by him.chanrobles virtual law library
Chapter
3
DEPARTMENT
SERVICES
Sec. 10. Planning and Monitoring Service. - The Planning and Monitoring
Service shall be responsible for the formulation and integration of
plans
and programs, emanating from all units of the Department, including the
Bureau, Regional Offices and Attached Agencies. It shall also be
responsible
for data analysis and monitoring of the implementation of said plans
and
programs through its management information system.chanrobles virtual law library
Chapter
4 - BUREAUS AND OFFICES
Sec. 18. Bureau of Animal Industries. - The Bureau of Animal Industry
shall:
Chapter
5
REGIONAL
OFFICES
Sec. 26. Functions. - The Department of Agriculture is authorized to
establish,
operate, and maintain a Regional Office in each of the administrative
regions
of the country. Each Regional Office shall be headed by a Regional
Director,
to be assisted by three (3) Assistant Regional Directors, assigned to
Operations,
Research, and Support Services, respectively. Each Regional Office
shall
have, within its administrative regions, the following duties and
responsibilities:
-
Chapter
6 - ATTACHED AGENCIES
Sec. 47. Attached Agencies. - The following units are hereby attached
to
the Department:
Title
V
PUBLIC
WORKS AND HIGHWAYS
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State shall maintain an
engineering
and construction arm and continuously develop its technology, for the
purposes
of ensuring the safety of all infrastructure facilities and securing
for
all public works and highways the highest efficiency and the most
appropriate
quality in construction. The planning, design, construction and
maintenance
of infrastructure facilities, especially national highways, flood
control
and water resources development systems, and other public works in
accordance
with national development objectives, shall be the responsibility of
such
an engineering and construction arm. However, the exercise of this
responsibility
shall be decentralized to the fullest extent feasible.chanrobles virtual law library
Chapter
2
DEPARTMENT
PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary shall be
composed of the Secretary and his immediate staff.chanrobles virtual law library
Chapter
3
DEPARTMENT
SERVICES
Sec. 8. Internal Audit Service. - The Internal Audit Service shall
conduct
comprehensive audit of various Department activities. Specifically, it
shall have the following functions:
Chapter
4
THE
BUREAU
Sec. 14. Bureau Head. - Each Bureau shall be headed by a Bureau
Director
who shall be responsible for efficiently and effectively carrying out
the
functions of the Bureau.chanrobles virtual law library
Chapter
5
REGIONAL
OFFICES
Sec. 20. Regional Offices. - Regional Offices shall be responsible for
highways, flood control and water resource development systems, and
other
public works within the region, except those defined in Section 3, par.
(4) hereof. For this purpose, their duties and responsibilities shall
be
as follows:
Chapter
6
ATTACHED
AGENCIES
Sec. 25. Attached Agencies and Corporations. - Agencies and
corporations
attached to the Department shall continue to operate and function in
accordance
with their respective charters/laws/executive orders creating them.
Accordingly,
the Metropolitan Waterworks and Sewerage System, the Local Water
Utilities
Administration, the National Irrigation Administration, and the
National
Water Resources Council, among others, shall continue to be attached to
the Department; while the Metropolitan Manila Flood Control and
Drainage
Council, as reorganized, shall be attached to the Department.chanrobles virtual law library
Title
VI
EDUCATION,
CULTURE AND SPORTS
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State shall protect and promote
the
right of all citizens to quality education at all levels and shall take
appropriate steps to make such education accessible to all. Pursuant to
this, the State shall:
Chapter
2
DEPARTMENT
PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary shall be
composed of the Secretary and his immediate staff.chanrobles virtual law library
Chapter
3
DEPARTMENT
SERVICES
Sec. 7. Functions of the Services. - The Services of the Department
shall
consist of the following:
Chapter
4
BOARD
OF HIGHER EDUCATION
Sec. 8. Organization. - The Board shall be composed of an
Undersecretary
of the Department of Education, Culture and Sports designated as
Chairman
and four other members to be appointed by the President of the
Philippines
upon nomination by the Secretary of Education, Culture and Sports for a
term of four years. The four members shall have distinguished
themselves
in the field of higher education and development either in the public
or
private sector. The Director of the Bureau of Higher Education shall
participate
in the deliberation of the Board but without the right to vote.chanrobles virtual law library
Chapter
5
STATE
COLLEGES AND UNIVERSITIES
Sec. 11. Governance. - By virtue of his chairmanship of their boards of
trustees as provided in their respective charters, the Secretary,
directly
or through his Undersecretaries, shall continue to govern state
colleges
and universities.chanrobles virtual law library
Chapter
6
BUREAUS
AND OFFICES
Sec. 12. Bureau of Elementary Education. - The Bureau of Elementary
Education
shall have following functions:
Chapter
7
REGIONAL
OFFICES
Sec. 18. Organization. - The Department is hereby authorized to
establish,
operate and maintain a Regional Office in each of the administrative
regions
of the country. Each Regional Office shall be headed by a Regional
Director
who shall be assisted by an Assistant Regional Director. The Regional
Director
shall be responsible for the School Divisions and their Superintendents
within his administrative region.chanrobles virtual law library
Chapter
8
ATTACHED
AGENCIES
Sec. 20. Attached Agencies. - The following agencies are hereby
attached
to the Department:
Chapter
9
MISCELLANEOUS
PROVISIONS
Sec. 23. Medium of Instruction. - The Department shall promulgate rules
and the regulations on the medium of instruction for all schools in
accordance
with the policy declared in Section 7, Article XIV of the Constitution.chanrobles virtual law library
Title
VII
LABOR
AND EMPLOYMENT
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - (1) The State shall afford full
protection
to labor and promote full employment and equality of employment
opportunities
for all.chanrobles virtual law library
Chapter
2
DEPARTMENT
PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary shall
consist
of the Secretary and his immediate staff.chanrobles virtual law library
Chapter
3 - DEPARTMENT SERVICES
Sec. 9. Planning Service. - The Planning Service shall provide the
Department
with efficient, effective and economical services relating to planning,
programming, project development and evaluation, and the development
and
implementation of a management information system.chanrobles virtual law library
Chapter
4
BUREAUS
Sec. 16. Bureau of Labor Relations. - The Bureau of Labor Relations
shall
set policies, standards, and procedures on the registration and
supervision
of legitimate labor union activities including denial, cancellation and
revocation of labor union permits. It shall also set policies,
standards,
and procedure relating to collective bargaining agreements, and the
examination
of financial records of accounts of labor organizations to determine
compliance
with relevant laws.chanrobles virtual law library
Chapter
5
REGIONAL
OFFICES
Sec. 24. Regional Offices, District Offices and Provincial Extension
Units.
- The Department is hereby authorized to establish, operate and
maintain
such Department-wide Regional Offices, District Offices and Provincial
Extension Units in each of the administrative regions of the country,
insofar
as necessary to promote economy and efficiency in the delivery of its
services.
Its Regional Office shall be headed by a Regional Director who shall
have
supervision and control thereof. The Regional Director, whenever
necessary,
shall be assisted by an Assistant Regional Director. A Regional Office
shall have, within its regional areas, the following functions:
Chapter
6
ATTACHED
AGENCIES
Sec. 25. Attached Agencies. - The following agencies are attached to
the
Department for policy and program coordination and administrative
supervision:
Title
VIII
NATIONAL
DEFENSE
Subtitle
I
PRELIMINARY
PROVISIONS
Chapter
1
NATIONAL
DEFENSE POLICIES
Sec. 1. Declaration of Policies. - (1) The prime duty of the Government
is to serve and protect the people. Government may call upon the people
to defend the State and, in fulfillment thereof, all citizens may be
required,
under conditions provided by law, to render personal military or civil
service.chanrobles virtual law library
Chapter
2
NATIONAL
SECURITY COUNCIL
Sec. 2. Declaration of Policies. - (1) The formulation of integrated
and
rationalized national, foreign, military, political, economic, social
and
educational policies, programs, and procedures vital to the security of
the state.chanrobles virtual law library
Chapter
3
NATIONAL
INTELLIGENCE COORDINATING AGENCY
Sec. 9. Functions. - The National Intelligence Coordinating Agency,
hereinafter
referred to as the Agency, shall:
Subtitle
II
DEPARTMENT
OF NATIONAL DEFENSE
Chapter
1
GENERAL
PROVISIONS
Sec. 15. Declaration of Policy. - The defense establishment shall be
maintained
to maximize its effectiveness for guarding against external and
internal
threats to national peace and security and provide support for social
and
economic development.chanrobles virtual law library
Chapter
2
DEPARTMENT
PROPER
Sec. 19. Office of the Secretary. - The Office of the Secretary shall
consist
of the Secretary and his immediate staff as determined by him.chanrobles virtual law library
Chapter
3
GOVERNMENT
ARSENAL
Sec. 24. Organization. - The Government Arsenal shall be headed by a
Director
who shall be assisted by one or more Assistant Directors. It shall have
staff and operating units provided by law.chanrobles virtual law library
Chapter
4
OFFICE
OF CIVIL DEFENSE
Sec. 27. Organization. - The Office of Civil Defense shall be headed by
an Administrator who shall be assisted by a Deputy Administrator. The
Office
shall have staff and operating units as may be provided by law.chanrobles virtual law library
Chapter
5
PHILIPPINE
VETERANS AFFAIRS OFFICE
Sec. 31. Organization. - The Philippine Veterans Affairs Office shall
be
headed by an Administrator who may be assisted by one Deputy
Administrator.
It shall have staff and operating units provided by law.chanrobles virtual law library
Chapter
6
ARMED
FORCES OF THE PHILIPPINES
Sec. 33. Functions. - The Armed Forces of the Philippines (AFP) shall:
Chapter 7
GENERAL
HEADQUARTERS
Sec. 40. Functions. - The General Headquarters, AFP, shall:
Chapter
8
MAJOR
SERVICES
Sec. 46. Organization.- The Major Services shall be organized by the
Chief
of Staff in accordance with the policies laid down by the Secretary of
National Defense. The commanders of the Major Services shall hold such
grade as provided by law, and shall be appointed by the President upon
the recommendation of the Secretary of National Defense.chanrobles virtual law library
Chapter
9
PHILIPPINE
MILITARY ACADEMY
Sec. 58. Organization. - (1) The Philippine Military Academy is the
primary
training and educational institution of the AFP. It shall be the
primary
sources of regular officers of the Standing Force.chanrobles virtual law library
Chapter
10
NATIONAL
DEFENSE COLLEGE OF THE PHILIPPINES
Sec. 60. Organization and Administration. - (1) The National Defense
College
of the Philippines, hereafter referred to as the College, shall be
under
the direction, supervision and control of the Secretary of National
Defense.chanrobles virtual law library
Chapter
11
INTEGRATED
NATIONAL POLICE
Sec. 63. Composition. - Unless otherwise provided by law, the
Integrated
National Police shall be composed of the Philippine Constabulary as the
nucleus and the Integrated Police Force, Fire Services as Jail
Management
Services as components, under the Department of National Defense.chanrobles virtual law library
Chapter
12
ATTACHED
AGENCIES
Sec. 68. Attached Agencies. - Agencies which are attached to the
Department
shall operate in accordance with their respective organizational
structures
and perform the functions and duties assigned to them by law, subject
to
the requirements of economy, efficiency, and effectiveness.chanrobles virtual law library
Subtitle
III
THE
NATIONAL POLICE COMMISSION
Sec. 69. Declaration of Policy. - (1) The State shall establish and
maintain
one police force which shall be national in scope and civilian in
character,
to be administered and controlled by a national police commission and
shall
provide, by law, the authority of local executives over the police
units
in their jurisdiction.chanrobles virtual law library
Title
IX
HEALTH
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State shall protect and promote
the
right to health of the people and instill health consciousness among
them;
adopt an integrated and comprehensive approach to health development,
with
priority for the underprivileged sick, elderly, disabled, women and
children;
endeavor to make essential goods, health and other social services
available
to all the people at affordable cost; establish and maintain an
effective
food and drug regulatory system; and undertake appropriate health
manpower
development and research, responsive to the country's health needs and
problems.chanrobles virtual law library
Chapter
2
DEPARTMENT
PROPER
Sec. 5. Department Proper. - The Department Proper shall be composed of
the Office of the Secretary, the Office for Management Services, the
Office
for Public Health Services, the Office for Hospital and Facilities
Services,
the Office for Standards and Regulations, and the Executive Committee
for
National Filed Operations.chanrobles virtual law library
Chapter
3
DEPARTMENT
SERVICES
Sec. 12. Office for Management Services. - The Office for Management
Services,
headed by an Undersecretary who shall be supported by an Assistant
Secretary,
shall include six (6) staff services involved in providing support
services
to the Department Proper, field offices and attached agencies, which
are
as follows:
Chapter
4
OFFICES
AND BUREAUS
Sec. 13. Office for Public Health Services. - The Office for Public
Health
Services, headed by an Undersecretary, shall include ten (10) staff
services
involved in policy formulation, standards development, programs
development,
and program monitoring of disease control and service delivery programs
implemented by the field offices. The Undersecretary for Public Health
Services, who shall be supported by an Assistant Secretary, shall
supervise
the following:
Chapter
5
FIELD
OFFICES
Sec. 16. Office for National Field Operations. - The Office for
National
Field Operations, through an Executive Committee, shall supervise the
operations
of the various Regional Field Offices and the National Health
Facilities,
as enumerated in Section 17(3) and further described in Sections 18, 19
and 20 hereof.chanrobles virtual law library
Chapter
6
ATTACHED
AGENCIES
Sec. 24. Attached Entities. - The Philippine Medical Care Commission
and
the Dangerous Drugs Board shall be attached to the Department and shall
continue to operate and function in accordance with the law creating
them,
except as otherwise provided in this Code.chanrobles virtual law library
Title
X
TRADE
AND INDUSTRY
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State shall develop a self-reliant
and independent national economy effectively controlled by Filipinos.
It
recognizes the indispensable role of the private sector, encourages
private
enterprise, and provides incentives to needed investments.chanrobles virtual law library
Chapter
2
DEPARTMENT
PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary shall
consist
of the Secretary, his immediate staff, the Undersecretary for Policy
Planning
and Support Services, and the Offices and Services directly supportive
of the Office of the Secretary. The functions of the foregoing shall be
as follows:
Chapter
3
OFFICE
OF THE UNDERSECRETARY FOR DOMESTIC TRADE
Sec. 10. Office of the Undersecretary for Domestic Trade. - The Office
of the Undersecretary for Domestic Trade shall include all the staff
bureaus
and services involved in policy formulation, standards development,
regulatory,
and service delivery programs pertinent to domestic trade and commerce
being implemented by the Department's line operating units. The
Undersecretary
for Domestic Trade shall supervise the following:
Chapter
4
OFFICE
OF THE UNDERSECRETARY FOR INTERNATIONAL TRADE
Sec. 11. Office of the Undersecretary for International Trade. - The
Office
of the Undersecretary for International Trade shall include all the
units
involved in policy formulation, standards development, program
monitoring
of the development, regulatory, and service delivery programs of the
Department
pertinent to international trade and commerce being implemented by the
Department's line operating units. The Undersecretary for International
Trade shall supervise the following:
Chapter
5
OFFICE
OF THE UNDERSECRETARY FOR
INDUSTRY
AND INVESTMENTS
Sec. 12. Office of the Undersecretary for Industry and Investments. -
The
Office of the Undersecretary for Industry and Investments shall
supervise
all agencies involved in the formulation and implementation of programs
and projects pertinent to the development of domestic industries and
the
promotion of investments in activities or enterprises critical to the
Department's
trade and industry development program.chanrobles virtual law library
Chapter
6
OFFICE
OF THE UNDERSECRETARY FOR
REGIONAL
OPERATIONS
Sec. 13. Office of the Undersecretary for Regional Operations. - The
Office
of the Undersecretary for Regional Operations shall exercise
supervision
and control over the Department's Regional Offices, described in
Section
9, par. 1 hereof. It shall be responsible for the field operations of
the
Department, ensuring full compliance with Department policies, rigorous
implementation of Department and regulations, and proper implementation
of Department plans and programs by the Regional Offices in their
respective
administrative jurisdictions.chanrobles virtual law library
Chapter
7
ATTACHED
AGENCIES
Sec. 15. Line Corporate Agencies and Government Entities. - The
following
are the Line Corporate Agencies and Government Entities that will
perform
their specific regulatory functions, particular developmental
responsibilities,
and specialized business activities in a manner consonant with the
Departments'
mandate, objectives, policies, plans, and programs:
Title
XI
AGRARIAN
REFORM
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State shall undertake an agrarian
reform program founded on the right of farmers and regular farmworkers
who are landless to own directly or collectively the lands they till
or,
in the case of other farmworkers, to receive a just share of the fruits
thereof.chanrobles virtual law library
Chapter
2
DEPARTMENT
PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary shall
consist
of the Secretary and his immediate staff.chanrobles virtual law library
Chapter
3
DEPARTMENT
SERVICES
Sec. 8. Management and Executive Services. - The Management and
Executive
Services shall have the following functions:
Chapter
4
BUREAUS
Sec. 13. Bureau of Agrarian Legal Assistance. - The Bureau of Agrarian
Legal Assistance shall have the following functions:
Chapter
5
REGIONAL
AND DISTRICT OFFICES
AND
ATTACHED AGENCIES
Sec. 18. Regional Office. - The Regional Office shall be responsible
for
supporting the field units and supervising program implementation of
the
Department within the region. It shall:
Title
XII
LOCAL
GOVERNMENT
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State shall ensure the autonomy of
local governments. For this purpose, it shall provide for a more
responsive
and accountable local government structure instituted through a system
of decentralization. The allocation of powers and resources to local
government
units shall be promoted, and inter-local government grouping,
consolidation
and coordination of resources shall be encouraged. The State shall
guarantee
the local government units their just share in national taxes and their
equitable share in proceeds from the use of natural resources, and
afford
them a wider latitude for resources generation.chanrobles virtual law library
Chapter
2
DEPARTMENT
PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary shall
consist
of the Secretary and his immediate staff.chanrobles virtual law library
Chapter
3
DEPARTMENT
SERVICES
Sec. 7. Planning Service. - The Planning Service shall be responsible
for
providing the Department with efficient and effective services relating
to planning, programming, research and statistics.chanrobles virtual law library
Chapter
4
BUREAUS
AND OFFICES
Sec. 12. Bureau of Local Government Supervision. - The Bureau of Local
Government Supervision, to be headed by a Bureau Director appointed by
the President upon the recommendation of the Secretary, shall have the
following functions:
Chapter
5
REGIONAL
AND FIELD OFFICES
Sec. 18. Regional and Field Offices. - The Secretary is authorized to
establish,
operate and maintain one Regional Office in each of the administrative
regions established by law. A Regional Office shall have, within its
administrative
region, the following functions:
Chapter
6
LEAGUES
OF PROVINCES, CITIES
AND
MUNICIPALITIES
Sec. 19. Leagues of Provinces, Cities and Municipalities. - There is
hereby
created the Leagues of Provinces, Cities and Municipalities.chanrobles virtual law library
Title
XIII
TOURISM
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State shall promote, encourage and
develop tourism as a major national activity in which private sector
investment,
effort and initiative are fostered and supported, and through which
socio-economic
development may be accelerated, foreign exchange earned, international
visitors offered the opportunity to travel to the Philippines and
appreciate
its natural beauty, history and culture, and Filipinos themselves
enabled
to see more of their country and embued with greater pride in and
commitment
to the nation.chanrobles virtual law library
Chapter
2
DEPARTMENT
PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary shall
consist
of the Secretary and his immediate staff.chanrobles virtual law library
Chapter
3
DEPARTMENT
SERVICES
Sec. 7. Department Service Character and Head. - The Department
Services
shall be essentially staff in character, each of which shall be headed
by a Service Chief.chanrobles virtual law library
Sec. 8. Financial and Management Service. - The Financial and
Management
Service shall provide the Department with staff advice and assistance
on
budgetary, financial and management matters and shall perform such
other
related functions as may be assigned or delegated to it by the
Secretary.chanrobles virtual law library
Chapter
4
BUREAUS
AND OFFICES
Sec. 11. Bureau and Office Character and Head. - The Bureaus and
Offices
shall be essentially staff in character, each of which shall be headed
by a Staff Director.chanrobles virtual law library
Chapter 5
FOREIGN
AND REGIONAL OFFICES
Sec. 19. Foreign Field Offices. - Subject to the approval of the
President,
the Department shall have foreign offices as may be necessary in the
marketing
and promotion of the Philippines as an international tourist
destination,
which shall oversee and implement the marketing and promotional
programs
of the Department.chanrobles virtual law library
Chapter 6
ATTACHED
AGENCIES
Sec. 21. Attached Agencies. - The Philippine Tourism Authority, and
Philippine
Convention Bureau, Intramuros Administration, and National Parks
Development
Committee are hereby attached to the Department and shall continue to
operate
and function in accordance with the respective charters/laws/orders
provided
in this Code.chanrobles virtual law library
Title
XIV
ENVIRONMENT
AND NATURAL RESOURCES
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - (1) The State shall ensure, for the
benefit
of the Filipino people, the full exploration and development as well as
the judicious disposition, utilization, management, renewal and
conservation
of the country's forest, mineral, land, waters, fisheries, wildlife,
off-shore
areas and other natural resources, consistent with the necessity of
maintaining
a sound ecological balance and protecting and enhancing the quality of
the environment and the objective of making the exploration,
development
and utilization of such natural resources equitably accessible to the
different
segments of the present as well as future generations.chanrobles virtual law library
Chapter
2
THE
DEPARTMENT PROPER
Sec. 6. Composition. - The Department Proper shall be composed of the
Office
of the Secretary, the Offices of the Undersecretaries and Assistant
Secretaries,
and the Public Affairs Office, Special Concerns Office, and the
Pollution
Adjudication Board.chanrobles virtual law library
Chapter 3
THE
STAFF SECTORAL BUREAUS
Sec. 14. Forest Management Bureau. - The Forest Management Bureau shall
be headed by a Director and assisted by an Assistant Director, and
shall
integrate and absorb the powers of the Bureau of Forest Development and
the Wood Industry Development Authority which were abolished by
Executive
Order No. 131, except those line functions and powers thereof which are
transferred to the regional field office.chanrobles virtual law library
Chapter
4
THE
DEPARTMENT FIELD OFFICES
Sec. 20. Field Offices of the Department. - The Field offices of the
Department
are the Environmental and Natural Resources Regional Offices in the
thirteen
(13) administrative regions of the country; the Environment and Natural
Resources Provincial Office in every province, and the Community Office
in every municipality, whenever deemed necessary.chanrobles virtual law library
Chapter
5
ATTACHED
AGENCIES AND CORPORATIONS
Sec. 23. Attached Agencies and Corporations. - The following agencies
and
corporations shall be attached to and under the administrative
supervision
of the Department:
Title XV
TRANSPORTATION
AND COMMUNICATIONS
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State is committed to the
maintenance
and expansion of viable, efficient, fast, safe and dependable
transportation
and communications systems as effective instruments for national
recovery
and economic progress. It shall not compete as a matter of policy with
private enterprise and shall operate transportation and communications
facilities only in those areas where private initiatives are inadequate
or non-existent.chanrobles virtual law library
Chapter 2
DEPARTMENT
PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary shall
consist
of the Secretary, his immediate staff, the Franchising Review Staff and
the Investigation, Security and Law Enforcement Staff.chanrobles virtual law library
Chapter
3
DEPARTMENT
SERVICES
Sec. 13. Department Services. - The Department Services shall include
the
following:
Chapter
4
REGIONAL
OFFICES
Sec. 14. Regional Offices. - The Department shall have three (3)
Regional
Offices in each of the administrative regions of the country: the
Regional
Office for Land Transportation, the Regional Office for
Telecommunications
and the Regional Office for Postal Services. Each Regional Office shall
be headed by a Regional Director to be assisted by an Assistant
Regional
Director.chanrobles virtual law library
Chapter
5
REGULATORY
BOARD
Sec. 15. Land Transportation Franchising and Regulatory Board. - The
quasi-judicial
powers and functions with respect to land transportation shall be
exercised
through the Land Transportation and Regulatory Board, hereinafter
referred
to as the "Board".chanrobles virtual law library
Chapter
6
ATTACHED
AGENCIES
Sec. 23. Attached Agencies and Corporations. - The following agencies
and
corporations are attached to the Department: The Philippine National
Railways,
the Maritime Industry Authority, the Philippine National Lines, the
Philippine
Aerospace Development Corporation, the Metro Manila Transit
Corporation,
the Office of Transport Cooperatives, the Philippine Ports Authority,
the
Philippine Merchant Marine Academy, the Toll Regulatory Board, the
Light
Rail Transit Authority, the Transport Training Center, the Civil
Aeronautics
Board, the National Telecommunications Commission and the Manila
International
Airport Authority.chanrobles virtual law library
Title
XVI
SOCIAL
WELFARE AND DEVELOPMENT
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State is committed to the care,
protection,
and rehabilitation of individuals, families and communities which have
the least in life and need social welfare assistance and social work
intervention
to restore their normal functioning and enable them to participate in
community
affairs.chanrobles virtual law library
Chapter
2
DEPARTMENT
PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary shall
consist
of the Secretary and the Secretary's immediate staff, and the Public
Affairs
and Liaison Service.chanrobles virtual law library
Chapter 3
DEPARTMENT
SERVICES
Sec. 8. Services of the Department. - The Services listed in Section 7
(1) and (3) hereof and the public Affairs and Liaison Service shall
respectively
have the following functions:
Chapter
4
BUREAUS
AND OFFICES
Sec. 9. Composition. - The Staff bureaus listed in Section 7 (2) hereof
shall be essentially staff in character and as such shall exercise
technical
supervision over the Regional Offices; shall be primarily involved in
the
development of policies and programs within their respective functional
specializations; and shall formulate and develop related policies,
guidelines
and standards necessary in guiding the Regional Offices in the proper
implementation
of such policies and programs.chanrobles virtual law library
Chapter
5
REGIONAL
OFFICES
Sec. 12. Regional Office. - The Department is hereby authorized to
establish,
operate and maintain a Regional Office in each of the administrative
regions
of the country.chanrobles virtual law library
Chapter
6
PROVINCIAL/CITY
OFFICES
Sec. 16. Provincial/City Office. - The Department is hereby authorized
to establish, operate and maintain Provincial/City Offices throughout
the
country with jurisdiction over all municipalities/districts within the
province. The Provincial/City Offices shall have the following
functions:
Chapter
7
MUNICIPAL/DISTRICT
OFFICES
Sec. 18. Municipal/District Office. - The Department is hereby
authorized
to establish, operate and maintain a Municipal/District Office to
service
a municipality or city district which shall be headed by the
Supervising
Social Welfare Officer and shall be primarily responsible for the
efficient
and effective implementation of the Department's field programs in the
municipality or city, under the supervision of the Provincial/City
Office.chanrobles virtual law library
Chapter
8
ATTACHED
AGENCIES
Sec. 19. Agencies Under Administrative Supervision and Attached
Agencies.
- The Population Commission Council for the Welfare of Children,
National
Nutrition Council and the National Council for the Welfare of Disabled
Person and the agencies attached to the Department shall continue to
operate
and function in accordance with their respective charters or laws
creating
them, except as otherwise provided in this Code.chanrobles virtual law library
Chapter
9
FUND
DRIVES
Sec. 20. Solicitation. - Any person, corporation, organization, or
association
desiring to solicit or receive contribution for charitable or public
welfare
purposes shall first secure a permit from the Regional Offices of the
Department.
Upon the filing of a written application for a permit in the form
prescribed
by the Regional Offices of the Department, the Regional Director or his
duly authorized representative may, in his discretion, issue a
permanent
or temporary permit or disapprove the application. In the interest of
the
public, he may in his discretion renew or revoke any permit issued
under
Act 4075.chanrobles virtual law library
Chapter
10
SOCIAL
WELFARE AGENCIES AND SERVICES
Sec. 23. Social Welfare Services by Others. - Social welfare services
by
the Department shall be without prejudice to similar efforts by any
local
government unit or private agency, institution or group. All Department
units shall actively promote and extend maximum assistance, including
the
provision of counterpart or supplementary funds and resources, upon
approval
by the Secretary, to such efforts.chanrobles virtual law library
Title
XVII
BUDGET
AND MANAGEMENT
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The national budget shall be
formulated
and implemented as an instrument of national development, reflective of
national objectives and plans; supportive of and consistent with the
socio-economic
development plans and oriented towards the achievement of explicit
objectives
and expected results, to ensure that the utilization of funds and
operations
of government entities are conducted effectively; formulated within the
context of a regionalized governmental structure and within the
totality
of revenues and other receipts, expenditures and borrowings of all
levels
of government and of government-owned or controlled corporations; and
prepared
within the context of the national long-term plans and budget programs
of the Government.chanrobles virtual law library
Chapter
2
DEPARTMENT
PROPER
Sec. 4. Office of the Secretary. - The Office of the Secretary shall
consist
of his immediate staff, the Budget Control Staff, Research Staff, a
Regional
Coordination Staff for Luzon, and a Regional Coordination Staff for
Visayas
and Mindanao.chanrobles virtual law library
Chapter
3
DEPARTMENT
SERVICES
Sec. 7. Management Services Office. - The Management Services Office
shall
consist of the following bureaus:
Chapter
4
BUREAUS
Sec. 10. The Budget Operations Office. - The Budget Operations Office
shall
review and analyze the work and financial flows, the budgetary
proposals
of national and local government agencies and corporations, check each
agency's compliance with the budgetary policies and project priorities,
determine the budgetary implications of foreign assisted projects from
the time of project design to the negotiation for financial assistance,
prepare recommendations for fund releases, formulate and implement
fiscal
policies and plans for budget preparation and control, and conduct
studies
on economic trends and factors affecting government revenues,
expenditures
and borrowings. It shall consist of the following Bureaus:
Title
XVIII
SCIENCE
AND TECHNOLOGY
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State shall:
Chapter
2
DEPARTMENT
PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary shall
consist
of the Secretary and his immediate staff.chanrobles virtual law library
Chapter
3
SERVICES
Sec. 8. Services. - The Services of the Department shall consist of the
following:
Chapter 4
BOARD,
COUNCILS AND INSTITUTES
Sec. 9. Inter-Council Review Board. - There shall be an Inter-Council
Review
Board, composed of the Secretaries or their designated Undersecretaries
who are members of the sectoral planning councils under Sections 10,
11,
12, 13, 14, and 15, and shall be chaired by the Secretary of Science
and
Technology.chanrobles virtual law library
Chapter
5
REGIONAL
OFFICES.chanrobles virtual law library
Sec. 28. Regional Offices.- The Department is authorized to establish,
operate and maintain a Regional Office, whenever appropriate, in each
of
the administrative regions of the country, to be headed by a Regional
Director
who shall report and be subject to the supervision of, the
Undersecretary
for Regional Operations. A Regional Office shall have, within its
administrative
region, the following functions:
Chapter
6
ATTACHED
AGENCIES
Sec. 30. Attached Agencies. - The following agencies shall be attached
to the Department: the Philippine National Science Society, the
National
Academy of Science and Technology, the Philippine Science High School,
and the Metals Industry Research and Development Center.
The Center shall have the powers and functions assigned to it by law.
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.
BOOK VI
NATIONAL
GOVERNMENT BUDGETING
Chapter
1
GENERAL
PROVISIONS
Sec. 1. Constitutional Policies on the Budget. - (1) All
appropriations,
revenue or tariff bills, bills authorizing increase of the public debt,
bills of local application, and private bills shall originate
exclusively
in the House of Representatives but the Senate may propose or concur
with
amendments.
Chapter
2 - BUDGET POLICY AND APPROACH
Sec. 3. Declaration of Policy. - It is hereby declared the policy of
the
State to formulate and implement a National Budget that is an
instrument
of national development, reflective of national objectives, strategies
and plans. The budget shall be supportive of and consistent with the
socio-economic
development plan and shall be oriented towards the achievement of
explicit
objectives and expected results, to ensure that funds are utilized and
operations are conducted effectively, economically and efficiently. The
national budget shall be formulated within the context of a
regionalized
government structure and borrowings of all levels of government and of
government-owned or controlled corporations. The budget shall likewise
be prepared within the context of the national long-term plan and of a
long-term budget program.
Chapter
3
BUDGET
PREPARATION
Sec. 11. Submission of the Budget. - The President shall, in accordance
with Section 22 (1), article VII of the Constitution, submit within
thirty
(30) days from the opening of each regular session of the Congress as
the
basis for the preparation of the General Appropriations Act, a national
government budget estimated receipts based on existing and proposed
revenue
measures, and of estimated expenditures.
Chapter
4
BUDGET
AUTHORIZATION
Sec. 23. Content of the General Appropriations Act. - The General
Appropriations
Act shall be presented in the form of budgetary programs and projects
for
each agency of the government, with the corresponding appropriations
for
each program and project, including statutory provisions of specific
agency
or general applicability. The General Appropriations Act shall not
contain
any itemization of personal services, which shall be prepared by the
Secretary
after enactment of the General Appropriations Act, for consideration
and
approval of the President.
Chapter
5
BUDGET
EXECUTION
Sec. 32. Use of Appropriated Funds. - All moneys appropriated for
functions,
activities, projects and programs shall be available solely for the
specific
purposes for which these are appropriated.
Chapter
6
BUDGET
ACCOUNTABILITY
Sec. 51. Evaluation of Agency Performance. - The President, through the
Secretary shall evaluate on a continuing basis the quantitative and
qualitative
measures of agency performance as reflected in the units of work
measurement
and other indicators of agency performance, including the standard and
actual costs per unit of work.
Chapter
7
EXPENDITURE
OF APPROPRIATED FUNDS
Sec. 58. Contracting of Activities. - Agencies may enter into contracts
with individuals or organizations, both public and private, subject to
provisions of law and applicable guidelines approved by the President:
provided, that contracts shall be for specific services which cannot be
provided by the regular staff of the agency, shall be for a specific
period
of time, and shall have a definite expected output: provided, further,
that implementing, monitoring and other regular and recurring agency
activities
shall not be contracted for, except for personnel hired on an
individual
and contractual basis and working as part of the organization, or as
otherwise
may be approved by the President: Provided, finally, that the cost of
contracted
services shall not exceed the amount that would otherwise be incurred
had
the work been performed by regular employees of government, except as
may
be authorized under this section.chanrobles virtual law library
