WHEREAS, the Administrative Code currently in
force was first forged
in 1917 when the relationship between the people and the government was
defined by the colonial order then prevailing;
WHEREAS, efforts to achieve an integrative and over-all
recodification
of its provisions resulted in the Administrative Code of 1978 which,
however,
was never published and later expressly repealed;
WHEREAS, the effectiveness of the Government will be enhanced by
a new Administrative Code which incorporates in a unified document the
major structural, functional and procedural principles and rules of
governance;
and
WHEREAS, a new
Administrative Code will be of optimum benefit to
the people and Government officers and employees as it embodies changes
in administrative structures and procedures designed to serve the
people;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the
Philippines,
by the powers vested in me by the Constitution, do hereby promulgate
the
Administrative Code of 1987, as follows:
INTRODUCTORY
PROVISIONS
Sec. 1. Title. - This Act shall be known as the "Administrative
Code
of 1987."
Sec. 2. General Terms Defined. - Unless the specific words of the text,
or the context as a whole, or a particular statute, shall require a
different
meaning:
(1) "Government
of the Republic of the Philippines" refers to the corporate
governmental
entity through which the functions of government are exercised
throughout
the Philippines, including, save as the contrary appears from the
context,
the various arms through which political authority is made effective in
the Philippines, whether pertaining to the autonomous regions, the
provincial,
city, municipal or barangay subdivisions or other forms of local
government.chanrobles virtual law library
(2) "National
Government" refers to the entire machinery of the central
government,
as distinguished from the different forms of local governments.chanrobles virtual law library
(3) "Local
Government" refers to the political subdivisions established by or
in accordance with the Constitution.chanrobles virtual law library
(4) "Agency
of the Government" refers to any of the various units of the
Government,
including a department, bureau, office, instrumentality, or
government-owned
or controlled corporations, or a local government or a distinct unit
therein.chanrobles virtual law library
(5) "National
agency" refers to a unit of the National Government.chanrobles virtual law library
(6) "Local
agency" refers to a local government or a distinct unit therein.chanrobles virtual law library
(7) "Department" refers to an executive department created by law. For purposes of Book
IV, this shall include any instrumentality, as herein defined, having
or
assigned the rank of a department, regardless of its name or
designation.chanrobles virtual law library
(8) "Bureau" refers to any
principal subdivision or unit of any department.
For
purposes of Book IV, this shall include any principal subdivision or
unit
of any instrumentality given or assigned the rank of a bureau,
regardless
of actual name or designation, as in the case of department-wide
regional
offices.chanrobles virtual law library
(9) "Office" refers, within the framework of governmental organization, to any major
functional unit of a department or bureau including regional offices.
It
may also refer to any position held or occupied by individual persons,
whose functions are defined by law or regulation.chanrobles virtual law library
(10) "Instrumentality" refers to any agency of the National Government,
not integrated within the department framework vested within special
functions
or jurisdiction by law, endowed with some if not all corporate powers,
administering special funds, and enjoying operational autonomy, usually
through a charter. This term includes regulatory agencies, chartered
institutions
and government-owned or controlled corporations.chanrobles virtual law library
(11) "Regulatory
agency" refers to any agency expressly vested with jurisdiction to
regulate, administer or adjudicate matters affecting substantial rights
and interests of private persons, the principal powers of which are
exercised
by a collective body, such as a commission, board or council.chanrobles virtual law library
(12) "Chartered
institution" refers to any agency organized or operating under a
special
charter, and vested by law with functions relating to specific
constitutional
policies or objectives. This term includes the state universities and
colleges
and the monetary authority of the State.chanrobles virtual law library
(13) "Government-owned
or controlled corporation" refers to any agency organized as a
stock
or non-stock corporation, vested with functions relating to public
needs
whether governmental or proprietary in nature, and owned by the
Government
directly or through its instrumentalities either wholly, or, where
applicable
as in the case of stock corporations, to the extent of at least
fifty-one
(51) per cent of its capital stock: Provided, That government-owned or
controlled corporations may be further categorized by the Department of
the Budget, the Civil Service Commission, and the Commission on Audit
for
purposes of the exercise and discharge of their respective powers,
functions
and responsibilities with respect to such corporations.chanrobles virtual law library
(14) "Officer" as distinguished from "clerk" or "employee", refers to
a
person whose duties, not being of a clerical or manual nature, involves
the exercise of discretion in the performance of the functions of the
government.
When used with reference to a person having authority to do a
particular
act or perform a particular function in the exercise of governmental
power, "officer" includes any government employee, agent or
body
having
authority to do the act or exercise that function.chanrobles virtual law library
(15) "Employee",
when used with reference to a person in the public service, includes
any
person in the service of the government or any of its agencies,
divisions,
subdivisions or instrumentalities.
BOOK
I SOVEREIGNTY
AND GENERAL ADMINISTRATION Chapter
1THE
NATIONAL TERRITORY
Sec. 3. What Comprises National Territory. - The national territory
comprises
the Philippine archipelago, with all the islands and waters embraced
therein,
and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial, and aerial
domains,
including its territorial sea, the seabed, the subsoil, the insular
shelves,
and other submarine areas. The waters around, between, and connecting
the
islands of the archipelago, regardless of their breadth and dimensions,
form part of the internal waters of the Philippines.chanrobles virtual law library
Sec. 4. Territorial Subdivision of the Philippines. - The territorial
and
political subdivisions of the Philippines are the autonomous regions,
provinces,
subprovinces, cities, municipalities and barangays.chanrobles virtual law library
Chapter
2THE
PEOPLE
Sec. 5. Who are Citizens. - The following are the citizens of the
Philippines:
(1)
Those
who are citizens of the Philippines at the time of the adoption of the
Constitution;
(2)
Those
whose fathers or mothers are citizens of the Philippines;
(3)
Those
born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship, unless by the act or omission they are deemed, under the
law,
to have renounced it.chanrobles virtual law library
Sec. 6. Effect of Marriage. - Citizens of the Philippines who marry
aliens
shall retain their citizenship, unless by their act or omission they
are
deemed, under the law, to have renounced it.chanrobles virtual law library
Sec. 7. Natural-born Citizen. - Natural-born citizens are those who are
citizens of the Philippines from birth without having to perform any
act
to acquire or perfect their Philippine citizenship. Those who elect
Philippine
citizenship in accordance with the Constitution shall be deemed
natural-born
citizens.chanrobles virtual law library
Sec. 8. Loss or Reacquisition of Citizenship. - Philippine citizenship
may be lost or reacquired in the manner provided by law.chanrobles virtual law library
Sec. 9. Dual Allegiance. - Dual allegiance is inimical to the national
interest and shall be dealt with by law.chanrobles virtual law library
Chapter
3STATE
IMMUNITY FROM SUIT
Sec. 10. Non-suability of the State. - No suit shall lie against the
State
except with its consent as provided by law.chanrobles virtual law library
Sec. 11. The State's Responsibility for Acts of Agents. - (1) The State
shall be legally bound and responsible only through the acts performed
in accordance with the Constitution and the laws by its duly authorized
representatives.chanrobles virtual law library
(2) The State shall not be bound by the mistakes or errors of its
officers
or agents in the exercise of their functions.chanrobles virtual law library
Chapter
4NATIONAL
SYMBOLS AND OFFICIAL LANGUAGES
Sec. 12. National Flag. - (1) The flag of the Philippines shall be red,
white and blue, with a sun and three stars, as consecrated and honored
by the people and recognized by law.chanrobles virtual law library
(2) The custody, ceremonial use, occasion and manner of display, and
the
proper care and disposition of the flag shall be governed by
appropriate
rules and regulations.chanrobles virtual law library
Sec. 13. National Anthem. - Until otherwise provided by law, the
musical
arrangement and composition of Julian Felipe is adopted as the national
anthem. It shall be sung or played upon the opening or start of all
state
celebrations or gatherings and on such other occasions as may be
prescribed
by appropriate rules and regulations.chanrobles virtual law library
Sec. 14. Arms and Great Seal of the Republic of the Philippines. - (1)
The Arms shall have paleways of two (2) pieces, azure and gules; a
chief
argent studded with three mullets equidistant from each other; and, in
point of honor, ovoid argent over all the sun rayonnant with eight
minor
and lesser rays. Beneath shall be a scroll with the words "Republic of
the Philippines, " or its equivalent in the national language,
inscribed
thereon.chanrobles virtual law library
(2) The Great Seal shall be circular in form, with the arms as
described
in the preceding paragraph, but without the scroll and the inscription
thereon, and surrounding the whole, a double marginal circle within
which
shall appear the words "Republic of the Philippines," or its equivalent
in the national language. For the purpose of placing the Great Seal,
the
color of the arms shall not be deemed essential.chanrobles virtual law library
Sec. 15. Use and Custody of Great Seal. - The Great Seal shall be
affixed
to or placed upon all commissions signed by the President and upon such
other official documents and papers of the Republic of the Philippines
as may be required by custom and usage. The President shall have
custody
of the Great Seal.chanrobles virtual law library
Sec. 16. Arms, Seals and Banners of Government Offices. - The various
offices
of government may adopt appropriate coats-of-arms, seals and banners.chanrobles virtual law library
Sec. 17. Official Languages. - Until otherwise provided by law,
Pilipino
and English shall be the official languages.chanrobles virtual law library
Chapter
5OPERATION
AND EFFECT OF LAWS
Sec. 18. When Laws Take Effect. - Laws shall take effect after fifteen
(15) days following the completion of their publication in the Official
Gazette or in a newspaper of general circulation, unless it is
otherwise
provided.chanrobles virtual law library
Sec. 19. Prospectivity. - Laws shall have prospective effect unless the
contrary is expressly provided.chanrobles virtual law library
Sec. 20. Interpretation of Laws and Administrative Issuances. - In the
interpretation of a law or administrative issuance promulgated in all
the
official languages, the English text shall control, unless otherwise
specifically
provided. In case of ambiguity, omission or mistake, the other texts
may
be consulted.chanrobles virtual law library
Sec. 21. No Implied Revival of Repealed Law.- When a law which
expressly
repeals a prior law itself repealed, the law first repealed shall not
be
thereby revived unless expressly so provided.chanrobles virtual law library
Sec. 22. Revival of Law Impliedly Repealed. - When a law which
impliedly
repeals a prior law is itself repealed, the prior law shall thereby be
revived, unless the repealing law provides otherwise.chanrobles virtual law library
Sec. 23. Ignorance of the Law. - Ignorance of the law excuses no one
from
compliance therewith.chanrobles virtual law library
Chapter
6OFFICIAL
GAZETTE
Sec. 24. Contents. - There shall be published in the Official Gazette
all
legislative acts and resolutions of a public nature; all executive and
administrative issuances of general application; decisions or abstracts
of decisions of the Supreme Court and the Court of Appeals, or other
courts
of similar rank, as may be deemed by said courts of sufficient
importance
to be so published; such documents or classes of documents as may be
required
so to be published by law; and such documents or classes of documents
as
the President shall determine from time to time to have general
application
or which he may authorize so to be published.chanrobles virtual law library
The publication of any law, resolution or other official documents in
the
Official Gazette shall be prima facie evidence of its authority.chanrobles virtual law library
Sec. 25. Editing and Publications. - The Official Gazette shall be
edited
in the Office of the President and published weekly in Pilipino or in
the
English language. It shall be sold and distributed by the National
Printing
Office which shall promptly mail copies thereof to subscribers free of
postage.chanrobles virtual law library
Chapter
7REGULAR
HOLIDAYS AND NATIONWIDE SPECIAL DAYS
Sec. 26. Regular Holidays and Nationwide Special Days. - (1) Unless
otherwise
modified by law, order or proclamation, the following regular holidays
and special days shall be observed in this country:
New
Year's
Day - January 1
Maundy
Thursday
- Movable date
Good
Friday
- Movable date
Araw
ng
Kagitingan (Bataan - April 9 and Corregidor Day)
Labor
Day
- May 1
Independence
Day - June 12
National
Heroes Day - Last Sunday of August
Bonifacio
Day - November 30
Christmas
Day - December 25
Rizal
Day
- December 30
(B)
Nationwide
Special Days
(2) The terms "legal or regular holiday" and "special holiday", as used
in laws, orders, rules and regulations or other issuances shall be
referred
to as "regular holiday" and "special day", respectively.chanrobles virtual law library
Sec. 27. Local Special Days. - The President may proclaim any local
special
day for a particular date, group or place.chanrobles virtual law library
Sec. 28. Pretermission of Holiday. - Where the day, or the last day,
for
doing any act required or permitted by law falls on a regular holiday
or
special day, the act may be done on the next succeeding business day.chanrobles virtual law library
Chapter
8LEGAL
WEIGHTS MEASURES AND PERIOD
Sec. 29. Official Use of Metric System. - The metric system of weights
and measures shall be used in the Philippines for all products,
articles,
goods, commodities, materials, merchandise, utilities, services, as
well
as for commercial transactions like contracts, agreements, deeds and
other
legal instruments publicly and officially attested, and for all
official
documents. Only weights and measures of the metric system shall be
officially
sealed and licensed.chanrobles virtual law library
Sec. 30. Mandatory Nation-wide Use. - The metric system shall be fully
adopted in all agricultural, commercial, industrial, scientific and
other
sectors. Persons or entities allowed under existing laws to use the
English
system or other standards and weights are given until the date to be
fixed
by the Metric System Board to adopt the metric system.chanrobles virtual law library
Sec. 31. Legal Periods. - "Year" shall be understood to be twelve
calendar
months; "month" of thirty days, unless it refers to a specific calendar
month in which case it shall be computed according to the number of
days
the specific month contains; "day," to a day of twenty-four hours; and
"night," from sunset to sunrise.chanrobles virtual law library
Chapter
9GENERAL
PRINCIPLES GOVERNING PUBLIC OFFICERS
Sec. 32. Nature of Public Office. - Public office is a public trust.
Public
officers and employees must at all times be accountable to the people,
serve them with the utmost responsibility, integrity, loyalty and
efficiency,
act with patriotism and justice, and lead modest lives.chanrobles virtual law library
Sec. 33. Policy on Change of Citizenship. - Public officers and
employees
owe the Senate and the Constitution allegiance at all times, and any
public
officer or employee who seeks to change his citizenship or acquire the
status of an immigrant of another country during his tenure shall be
dealt
with by law.chanrobles virtual law library
Sec. 34. Declaration of Assets, Liabilities and Net Worth. - A public
officer
or employee shall upon assumption of office and as often thereafter as
may be required by law, submit a declaration under oath of his assets,
liabilities, and net worth.chanrobles virtual law library
Sec. 35. Ethics in Government. - All public officers and employees
shall
be bound by a Code of Ethics to be promulgated by the Civil Service
Commission.chanrobles virtual law library
Sec. 36. Inhibition Against Purchase of Property at Tax Sale. - No
officer
or employee of the government shall purchase directly or indirectly any
property sold by the government for the non-payment of any tax, fee or
other public charge. Any such purchase by an officer or employee shall
be void.chanrobles virtual law library
Sec. 37. Powers Incidental to Taking of Testimony. - When authority to
take testimony or receive evidence is conferred upon any administrative
officer or any non-judicial person, committee, or other body, such
authority
shall include the power to administer oaths, summon witnesses, and
require
the production of documents by a subpoena duces tecum.chanrobles virtual law library
Sec. 38. Liability of Superior Officers. - (1) A public officer shall
not
be civilly liable for acts done in the performance of his official
duties,
unless there is a clear showing of bad faith, malice or gross
negligence.chanrobles virtual law library
(2) Any public officer who, without just cause, neglects to perform a
duty
within a period fixed by law or regulation, or within a reasonable
period
if none is fixed, shall be liable for damages to the private party
concerned
without prejudice to such other liability as may be prescribed by law.chanrobles virtual law library
(3) A head of a department or a superior officer shall not be civilly
liable
for the wrongful acts, omissions of duty, negligence, or misfeasance of
his subordinates, unless he has actually authorized by written order
the
specific act or misconduct complained of.chanrobles virtual law library
Sec. 39. Liability of Subordinate Officers. -No subordinate officer or
employee shall be civilly liable for acts done by him in good faith in
the performance of his duties. However, he shall be liable for willful
or negligent acts done by him which are contrary to law, morals, public
policy and good customs even if he acted under orders or instructions
of
his superiors.chanrobles virtual law library
Chapter
10OFFICIAL
OATHS
Sec. 40. Oaths of Office for Public Officers and Employees. - All
public
officers and employees of the government including every member of the
armed forces shall, before entering upon the discharge of his duties,
take
an oath or affirmation to uphold and defend the Constitution; that he
will
bear true faith and allegiance to it; obey the laws, legal orders and
decrees
promulgated by the duly constituted authorities; will well and
faithfully
discharge to the best of his ability the duties of the office or
position
upon which he is about to enter; and that he voluntarily assumes the
obligation
imposed by his oath of office, without mental reservation or purpose of
evasion. Copies of the oath shall be deposited with the Civil Service
Commission
and the National Archives.chanrobles virtual law library
Sec. 41. Officers Authorized to Administer Oath. - (1) The following
officers
have general authority to administer oath: Notaries public, members of
the judiciary, clerks of courts, the Secretary of the either House of
the
Congress of the Philippines, of departments, bureau directors,
registers
of deeds, provincial governors and lieutenant-governors, city mayors,
municipal
mayors and any other officer in the service of the government of the
Philippines
whose appointment is vested in the President.chanrobles virtual law library
(2) Oaths may also be administered by any officer whose duties, as
defined
by law or regulation, require presentation to him of any statement
under
oath
Sec. 42. Duty to Administer Oath. - Officers authorized to administer
oaths,
with the exception of notaries public, municipal judges and clerks of
court,
are not obliged to administer oaths or execute certificates save in
matters
of official business; and with the exception of notaries public, the
officer
performing the service in those matters shall charge no fee, unless
specifically
authorized by law.chanrobles virtual law library
Chapter
11OFFICIAL
REPORTS
Sec. 43. Annual Reports. - The heads of the several branches,
subdivisions,
department and agencies or instrumentalities of the Government shall
prepare
and submit annual reports to the President on or before the first day
of
July 1 of each year.chanrobles virtual law library
Sec. 44. Contents of Reports. - The contents of the annual reports
shall
be prescribed by law or, in the absence thereof, by executive order.chanrobles virtual law library
Sec. 45. Special Reports. - Each chief of Bureau or other officer of
the
government shall make such special reports concerning the work of his
Bureau
or Office as may from time to time be required of him by the President
of the Philippines or Head of Department.chanrobles virtual law library
Sec. 46. Deposit with Archives. - Official copies of annual reports
shall
be deposited with the National Archives and shall be open to public
inspection.chanrobles virtual law library
Chapter
12PUBLIC
CONTRACTS AND CONVEYANCES
Sec. 47. Contracts and Conveyances. - Contracts or conveyances may be
executed
for and in behalf of the Government or of any of its branches,
subdivisions,
agencies, or instrumentalities, including government-owned or
controlled
corporations, whenever demanded by the exigency or exigencies of the
service
and as long as the same are not prohibited by law.chanrobles virtual law library
Sec. 48. Official Authorized to Convey Real Property. - Whenever real
property
of the Government is authorized by law to be conveyed, the deed of
conveyance
shall be executed in behalf of the government by the following:
(1) For property belonging to and titled in the name of the Republic of
the Philippines, by the President, unless the authority therefor is
expressly
vested by law in another officer.chanrobles virtual law library
(2) For property belonging to the Republic of the Philippines but
titled
in the name of any political subdivision or of any corporate agency or
instrumentality, by the executive head of the agency or instrumentality.chanrobles virtual law library
Sec. 49. Authority to Convey other Property. - Whenever property other
than real is authorized to be conveyed, the contract or deed shall be
executed
by the head of the agency with the approval of the department head.
Where
the operations of the agency regularly involve the sale or other
disposition
of personal property, the deed shall be executed by any officer or
employee
expressly authorized for that purpose.chanrobles virtual law library
Sec. 50. Conveyance of National Government Property to Local
Governments.
- When the real property belonging to the National Government is needed
for school purposes, or other official use by any local government, the
President shall authorize its transfer, and the department head or
other
authority concerned shall execute in favor of the local government the
necessary deed of conveyance by way of gift, sale, exchange, or
otherwise,
and upon such terms as shall be for the interest of the parties
concerned.
Nothing herein provided shall be deemed to authorize the conveyance of
unreserved public land, friar land or any real property held by the
Government
in trust or for a special purpose defined by law.chanrobles virtual law library
Sec. 51. Execution of Contracts. - (1) Contracts in behalf of the
Republic
of the Philippines shall be executed by the President unless authority
therefor is expressly vested by law or by him in any other public
officer.chanrobles virtual law library
(2) Contracts in behalf of the political subdivisions and corporate
agencies
or instrumentalities shall be approved by their respective governing
boards
or councils and executed by their respective executive heads.chanrobles virtual law library
BOOK
IIDISTRIBUTION
OF POWERS OF GOVERNMENT Chapter
1BASIC
PRINCIPLES AND POLICIES
Sec. 1. Guiding Principles and Policies in Government. - Governmental
power
shall be exercised in accordance with the following
basic principles and
policies:
(1) The
Philippines is a democratic and republican State. Sovereignty resides
in
the people and all government authority emanates from them.chanrobles virtual law library
(2)
The
State values the dignity of every human person and guarantees full
respect
for human rights.chanrobles virtual law library
(3)
Civilian
authority is, at all times, supreme over the military.chanrobles virtual law library
(4)
The
State shall ensure the autonomy of local governments.chanrobles virtual law library
(5)
The
territorial and political subdivisions of the Republic of the
Philippines
are the provinces, cities, municipalities, and barangays. There shall
be
autonomous regions, in accordance with the Constitution, in Muslim
Mindanao
and the Cordilleras as may be provided by law.chanrobles virtual law library
(6)
The
separation of Church and State shall be inviolable.chanrobles virtual law library
(7)
The
right of the people and their organizations to effective and reasonable
participation at all levels of social, political, and economic
decision-making
shall not be abridged. The State shall, by law, facilitate the
establishment
of adequate consultation mechanisms.chanrobles virtual law library
(8)
The
powers expressly vested in any branch of the Government shall not be
exercised
by, nor delegated to, any other branch of the Government, except to the
extent authorized by the Constitution.chanrobles virtual law library
Chapter
2LEGISLATIVE
POWER
Sec. 2. Seat of Legislative Power. - The legislative power shall be
vested
in the Congress of the Philippines which shall consist of a Senate
and
a House of Representatives, except to the extent reserved to the people
by the Constitutional provision on initiative and referendum.chanrobles virtual law library
Sec. 3. Inhibitions Against Members of Congress. - (1) No Senator or
Member
of the House of Representatives may hold any other office or employment
in the Government, or any subdivision agency, or instrumentality
thereof,
including government-owned or controlled corporations or their
subsidiaries,
during his term without forfeiting his seat. Neither shall he be
appointed
to any office which may have been created or the emoluments thereof
increased
during the term for which he was elected.chanrobles virtual law library
(2) No Senator or Member of the House of Representatives may personally
appear as counsel before any court of justice or before the Electoral
Tribunals,
or quasi-judicial and other administrative bodies. Neither shall he,
directly
or indirectly, be interested financially in any contract with, or in
any
franchise or special privilege granted by the Government, or any
subdivision,
agency or instrumentality thereof including any government-owned or
controlled
corporation, or its subsidiary, during his term of office. He shall not
intervene in any matter before any office of the Government for his
pecuniary
benefit or where he may be called upon to act on account of his office.chanrobles virtual law library
Sec. 4. Electoral Tribunal. - The Senate and the House of
Representatives
shall each have an Electoral Tribunal which shall be the sole judge of
all contests relating to the election, returns, and qualifications of
their
respective Members. Each Electoral Tribunal shall be composed of nine
(9)
Members, three (3) of whom shall be Justices of the Supreme Court to be
designated by the Chief Justice, and the remaining six (6) shall be
Members
of the Senate or the House of Representatives, as the case may be, who
shall be chosen on the basis of proportional representation from the
political
parties and the parties or organizations registered under the
party-list
system represented therein. The senior Justice in the Electoral
Tribunal
shall be its Chairman.chanrobles virtual law library
Sec. 5. Commission on Appointments. - There shall be a Commission on
Appointments
consisting of the President of the Senate, as ex officio Chairman, and
twelve (12) Senators and twelve (12) Members of the House of
Representatives,
elected by each House on the basis of proportional representation from
the political parties and parties or organizations registered under the
party-list system represented therein. The Chairman of the Commission
shall
not vote, except in case of a tie. The Commission shall act on all
appointments
submitted to it within thirty (30) session days of the Congress from
their
submission. The Commission shall rule by a majority vote of all its
Members.chanrobles virtual law library
Sec. 6. Legislative Investigation. - The Senate or the House of
Representatives
or any of its respective committees may conduct inquiries in aid of
legislation
in accordance with its duly published rules of procedure. The rights of
persons appearing in or affected by such inquiries shall be respected.chanrobles virtual law library
Sec. 7. Appearance of Heads of Departments.- The heads of departments
may
upon their own initiative, with the consent of the President, or upon
the
request of either House, as the rules of each House shall provide,
appear
before and be heard by such House on any matter pertaining to their
departments.
Written questions shall be submitted to the President of the Senate or
the Speaker of the House of Representatives at least three (3) days
before
their scheduled appearance. Interpellations shall not be limited to
written
questions, but may cover matters related thereto. When the security of
the State or the public interest so requires and the President so
states
in writing, the appearance shall be conducted in executive session.chanrobles virtual law library
Sec. 8. Initiative and Referendum.- The Congress shall, as early as
possible,
provide for a system of initiative and referendum and the exceptions
therefrom,
whereby the people can directly propose and enact laws or approve or
reject
any act or law or part thereof passed by the Congress or local
legislative
body after the registration of a petition therefor signed by at least
ten
(10) per centum of the total number of registered voters, of which
every
legislative district must be represented by at least three (3) per
centum
of the registered voters thereof.chanrobles virtual law library
Sec. 9. Power to Propose Constitutional Amendments. - (1) Any amendment
to, or revision of the Constitution may be proposed by: (a) The
Congress,
upon a vote of three-fourths (3/4) of all its Members; or (b) a
constitutional
convention. The Congress may, by a vote of two-thirds (2/3) of all its
Members, call a constitutional convention, or by a majority vote of all
its Members, submit to the electorate the question of calling such a
convention.chanrobles virtual law library
(2) Amendments to the Constitution may likewise be directly proposed by
the people through initiative upon a petition of at least twelve (12)
per
centum of the total number of registered voters, of which every
legislative
district must be represented by at least three (3) per centum of the
registered
voters therein. No amendments under this paragraph shall be authorized
within five years following the ratification of the 1987 Constitution
nor
oftener than once every five years thereafter. The Congress shall
provide
for the implementation of the exercise of this right.chanrobles virtual law library
Sec. 10. Validity of Constitutional Amendments.- (1) Any amendment to
or
revision of the Constitution proposed by Congress or a constitutional
convention
shall be valid when ratified by a majority of the votes cast in a
plebiscite
which shall be held not earlier than sixty days (60) nor later than
ninety
days (90) after the approval of such amendment or revision.chanrobles virtual law library
(2) Any amendment to or revision of the Constitution directly proposed
by the people through initiative shall be valid when ratified by a
majority
of the votes cast in a plebiscite which shall be held not earlier than
sixty days (60) nor later than ninety days (90) after the certification
by the Commission on Elections of the sufficiency of the petition.chanrobles virtual law library
Chapter
3EXECUTIVE
POWER
Sec. 11. Exercise of Executive Power. - The Executive power shall be
vested
in the President.chanrobles virtual law library
Sec. 12. The Vice-President. - There shall be a Vice-President who
shall
have the same qualifications and term of office and be elected with and
in the same manner as the President. He may be removed from office in
the
same manner as the President.chanrobles virtual law library
The Vice-President may be appointed as a Member of the Cabinet. Such
appointment
requires no confirmation.chanrobles virtual law library
Sec. 13. Vacancy in Office of the President.- In case of death,
permanent
disability, removal from office, or resignation of the President, the
Vice-President
shall become the President to serve the unexpired term. In case of
death,
permanent disability, removal from office, or resignation of both the
President
and Vice-President, the President of the Senate or, in case of his
inability,
the Speaker of the House of Representatives, shall then act as
President
until the President or Vice-President shall have been elected and
qualified.chanrobles virtual law library
The Congress shall, by law, provide who shall serve as President in
case
of death, permanent disability, or resignation of the Acting President.
He shall serve until the President or Vice-President shall have been
elected
and qualified, and be subject to the same restrictions of powers and
disqualifications
as the Acting President.chanrobles virtual law library
Sec. 14. Vacancy in Office of the Vice-President. - Whenever there is a
vacancy in the Office of the Vice-President during the term for which
he
was elected, the President shall nominate a Vice-President from among
the
Members of the Senate and the House of Representatives who shall assume
office upon confirmation by a majority vote of all the Members of both
Houses of the Congress, voting separately.chanrobles virtual law library
Sec.
15. Inhibitions Against Executive
Officials. - The President, Vice-President,
the Members of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in this Constitution, hold any other office
or
employment during their tenure. They shall not, during said tenure,
directly
or indirectly practice any other profession, participate in any
business,
or be financially interested in any contract with, or in any franchise,
or special privilege granted by the Government or any subdivision,
agency,
or instrumentality thereof, including government-owned or controlled
corporations
or their subsidiaries. They shall strictly avoid conflicts of interest
in the conduct of their office.chanrobles virtual law library
The spouse and relatives by consanguinity or affinity within the fourth
civil degree of the President shall not during his tenure be appointed
as Members of the Constitutional Commissions, or the Office of the
Ombudsman,
or as Secretaries, Undersecretaries, chairmen or heads of bureaus or
offices,
including government-owned or controlled corporations and their
subsidiaries.chanrobles virtual law library
Chapter
4JUDICIAL
POWER
Sec. 16. Judicial Power. - The judicial power shall be vested in one
(1)
Supreme Court, and in such lower courts as may be established by law.
Such
lower courts include the Court of Appeals, Sandiganbayan, Court of Tax
Appeals, Regional Trial Courts, Shari's District Courts, Metropolitan Trial
Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, and
Shari'a Circuit Courts and they shall continue to exercise their
respective
jurisdiction until otherwise provided by law.chanrobles virtual law library
Judicial power includes the duty of the courts of justice to settle
actual
controversies involving rights which are legally demandable and
enforceable,
and, in cases prescribed by law, to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of
jurisdiction
on the part of any branch or instrumentality of the Government.chanrobles virtual law library
Sec. 17. Composition of the Supreme Court. - The Supreme Court shall be
composed of a Chief Justice and fourteen Associate Justices. It may sit
en banc or in its discretion, in divisions of three, five or seven
Members.chanrobles virtual law library
Sec. 18. Jurisdiction and Powers of Supreme Court. - The Supreme Court
shall have the following powers:
(1)
Exercise
original jurisdiction over cases affecting ambassadors, other public
ministers
and consuls, and over petitions for certiorari, prohibition, mandamus,
quo warranto, and habeas corpus.chanrobles virtual law library
(2)
Review,
revise, reverse, modify, or affirm on appeal or certiorari as the law
or
the Rules of Court may provide, final judgments and orders of lower
courts
in:
(a)
All
cases in which the constitutionality or validity of any treaty,
international
or executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question.chanrobles virtual law library
(b)
All
cases involving the legality of any tax, impost, assessment, or toll,
or
any penalty imposed in relation thereto.chanrobles virtual law library
(c)
All
cases in which the jurisdiction of any lower court is in issue.chanrobles virtual law library
(d)
All
criminal cases in which the penalty imposed is reclusion perpetua or
higher.chanrobles virtual law library
(e)
All
cases in which only an error or question of law is involved.chanrobles virtual law library
(3)
Assign
temporarily judges of lower courts to other stations as public interest
may require. Such temporary assignment shall not exceed six (6) months
without the consent of the judge concerned.chanrobles virtual law library
(4)
Order
a change of venue or place of trial to avoid a miscarriage of justice.chanrobles virtual law library
(5)
Promulgate
rules concerning the protection and enforcement of constitutional
rights,
pleading, practice, and procedure in all courts, the admission to the
practice
of law, the Integrated Bar, and legal assistance to the
underprivileged.
Such rules shall provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts of the
same
grade; and shall not diminish, increase, or modify substantive rights.
Rules of procedure of special courts and quasi-judicial bodies shall
remain
effective unless disapproved by the Supreme Court.chanrobles virtual law library
(6)
Appoint
all officials and employees of the Judiciary in accordance with the
Civil
Service law.chanrobles virtual law library
Sec. 19. Apportionment of Jurisdiction. - Congress shall define,
prescribe
and apportion the jurisdiction of the various courts but may not deprive
the Supreme Court of its jurisdiction enumerated in the immediately
preceding
section. Neither shall a law be passed increasing its appellate jurisdiction
as therein specified without its advice and concurrence.chanrobles virtual law library
No law shall be passed reorganizing the Judiciary when it undermines
the
security of tenure of its Members.chanrobles virtual law library
Sec. 20. Administrative Supervision.- The Supreme Court shall have
administrative
supervision over all courts and the personnel thereof.chanrobles virtual law library
Sec. 21. Judicial and Bar Council. - (1) A Judicial and Bar Council is
hereby created under the supervision of the Supreme Court composed of
the
Chief Justice as ex officio Chairman, the Secretary of Justice, and a
representative
of the Congress as ex officio Member, a representative of the
Integrated
Bar, a professor of law, a retired Member of the Supreme Court, and a
representative
of the private sector.chanrobles virtual law library
(2) The regular members of the Council shall be appointed by the
President
for a term of four (4) years with the consent of the Commission of
Appointments.
Of the Members first appointed, the representative of the Integrated
Bar
shall serve for four (4) years, the professor of law for three (3)
years,
the retired Justice for two (2) years, and the representative of the
private
sector for one (1) year.chanrobles virtual law library
(3) The Clerk of the Supreme Court shall be the Secretary ex officio of
the Council and shall keep a record of its proceedings.chanrobles virtual law library
(4) The regular Members of the Council shall receive such emoluments as
may be determined by the Supreme Court. The Supreme Court shall provide
in its annual budget the appropriations for the Council.chanrobles virtual law library
(5) The Council shall have the principal function of recommending
appointees
to the Judiciary. It may exercise such other functions and duties as
the
Supreme Court may assign to it.chanrobles virtual law library
Sec. 22. Appointment of Members of Judiciary. - The Members of the
Supreme
Court and judges of lower courts shall be appointed by the President
from
a list of at least three (3) nominees prepared by the Judicial and Bar
Council for every vacancy. Such appointments need no confirmation.chanrobles virtual law library
For the lower courts, the President shall issue the appointments within
ninety (90) days from the submission of the list.chanrobles virtual law library
Sec. 23. Prohibition Against Performing Quasi-Judicial or
Administrative
Functions. - The Members of the Supreme Court and of other courts
established
by law shall not be designated to any agency performing quasi-judicial
or administrative functions.chanrobles virtual law library
Chapter
5CONSTITUTIONAL
COMMISSIONS
Sec. 24. Constitutional Commissions. - The Constitutional Commissions,
which shall be independent, are the Civil Service Commission, the
Commission
on Elections, and the Commission on Audit.chanrobles virtual law library
Sec. 25. Inhibitions Against Constitutional Commissioners. - No member
of a Constitutional Commission shall, during his tenure, hold any other
office or employment. Neither shall he engage in the practice of any
profession
or in the active management or control of any business which in anyway
may be affected by the functions of his office, nor shall he be
financially
interested, directly or indirectly, in any contract with, or in any
franchise
or privilege granted by the Government, any of its subdivisions,
agencies,
or instrumentalities, including government-owned or controlled
corporations
or their subsidiaries.chanrobles virtual law library
Sec. 26. Fiscal Autonomy. - The
Constitutional Commissions shall enjoy
fiscal autonomy. The approved annual appropriations shall be
automatically
and regularly released.chanrobles virtual law library
Sec. 27. Promulgation of Rules. - Each Commission en banc may
promulgate
its own rules concerning pleadings and practice before it or before any
of its offices. Such rules however shall not diminish, increase, or
modify
substantive rights.chanrobles virtual law library
Sec. 28. Decisions by the Constitutional Commissions.- Each Commission
shall decide, by a majority vote of all its Members, any case or matter
brought before it within sixty (60) days from the date of its
submission
for decision or resolution. A case or matter is deemed submitted for
decision
or resolution upon the filing of the last pleading, brief, or
memorandum
required by the rules of the Commission or by the Commission itself.
Unless
otherwise provided by the Constitution or by law, any decision, order,
or ruling of each Commission may be brought to the Supreme Court on
certiorari
by the aggrieved party within thirty (30) days from receipt of a copy
thereof.chanrobles virtual law library
Chapter
6OTHER
BODIES
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
IPOWERS
OF THE PRESIDENT Chapter
1POWER
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
2ORDINANCE
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
3POWER
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
4POWERS
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
5POWER
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
6GENERAL
SUPERVISION OVERLOCAL
GOVERNMENTS
Sec. 18. General Supervision Over Local Governments.
- The President
shall
exercise general supervision over local governments.chanrobles virtual law library
Chapter
7OTHER
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
IIORGANIZATION Chapter
8ORGANIZATION
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
IIIFUNCTIONS Chapter
9FUNCTIONS
OF THE DIFFERENT OFFICESIN
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
10FUNCTIONS
OF THE AGENCIESUNDER
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
IVTHE
EXECUTIVE BRANCH Chapter
1THE
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
2SECRETARIES,
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
3DEPARTMENT
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
4BUREAUS
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
5FIELD
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
6POWERS
AND DUTIES OF HEADS OFBUREAUS
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
7ADMINISTRATIVE
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
8SUPERVISION
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
9RELATIONSHIP
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
10APPOINTMENTS
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
11ADMINISTRATIVE
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
12MISCELLANEOUS
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
13CONTRACTS
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
14CONTROVERSIES
AMONG GOVERNMENTOFFICES
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
IFOREIGN
AFFAIRS Chapter
1GENERAL
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
2DEPARTMENT
PROPER
Sec. 5. Offices Under the Direct Supervision of the Secretary. - The
Secretary
shall exercise direct supervision over the following:
Chapter
3DEPARTMENT
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
4BOARD
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
5BOARD
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
6ATTACHED
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
7THE
FOREIGN SERVICE
Sec. 20. Functions of Diplomatic Missions. - The Diplomatic Missions
shall:
Chapter
8ATTACHES
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
9PERSONNEL
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
10APPOINTMENTS,
COMPENSATION AND BENEFITS
Sec. 35. Foreign Service Officers. - (1) Foreign Service Officers shall
be appointed by the President.chanrobles virtual law library
Chapter
11PROMOTIONS
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
12ASSIGNMENTS
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
13PASSPORT
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
14MISCELLANEOUS
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
IIFINANCE
Chapter
1GENERAL
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
2DEPARTMENT
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
3DEPARTMENT
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
4BUREAUS
Sec. 16. Operations Groups. - The Operation Groups, each of which shall
be headed by an Undersecretary, shall consist of the following:
Chapter
5REGIONAL
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
6ATTACHED
AGENCIES
Sec. 42. Attached Agencies. - The following agencies are hereby
attached
to the Department:
Title
III - JUSTICE Chapter
IGENERAL
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
2DEPARTMENT
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
3OFFICE
OF THE GOVERNMENTCORPORATE
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
4NATIONAL
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
5PUBLIC
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
6BOARD
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
7PAROLE
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
8BUREAU
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
9LAND
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
10BUREAU
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
11COMMISSION
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
12OFFICE
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
1GENERAL
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
2DEPARTMENT
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
3DEPARTMENT
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
5REGIONAL
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
VPUBLIC
WORKS AND HIGHWAYS Chapter
1GENERAL
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
2DEPARTMENT
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
3DEPARTMENT
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
4THE
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
5REGIONAL
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
6ATTACHED
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 lawlibrary
Title
VIEDUCATION,
CULTURE AND SPORTS Chapter
1GENERAL
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
2DEPARTMENT
PROPER
Sec. 5. Office of the Secretary. - The Office of the Secretary shall be
composed of the Secretary and his immediate staff.chanrobles virtualaw library
Chapter
3DEPARTMENT
SERVICES
Sec. 7. Functions of the Services. - The Services of the Department
shall
consist of the following:
Chapter
4BOARD
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
5STATE
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
6BUREAUS
AND OFFICES
Sec. 12. Bureau of Elementary Education. - The Bureau of Elementary
Education
shall have following functions:
Chapter
7REGIONAL
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
8ATTACHED
AGENCIES
Sec. 20. Attached Agencies. - The following agencies are hereby
attached
to the Department:
Chapter
9MISCELLANEOUS
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
VIILABOR
AND EMPLOYMENT Chapter
1GENERAL
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
2DEPARTMENT
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
4BUREAUS
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
5REGIONAL
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
6ATTACHED
AGENCIES
Sec. 25. Attached Agencies. - The following agencies are attached to
the
Department for policy and program coordination and administrative
supervision:
Title
VIIINATIONAL
DEFENSE Subtitle
IPRELIMINARY
PROVISIONS
Chapter
1NATIONAL
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
2NATIONAL
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
3NATIONAL
INTELLIGENCE COORDINATING AGENCY
Sec. 9. Functions. - The National Intelligence Coordinating Agency,
hereinafter
referred to as the Agency, shall:
Subtitle
IIDEPARTMENT
OF NATIONAL DEFENSE Chapter
1GENERAL
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
2DEPARTMENT
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
3GOVERNMENT
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
4OFFICE
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
5PHILIPPINE
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
6ARMED
FORCES OF THE PHILIPPINES
Sec. 33. Functions. - The Armed Forces of the Philippines (AFP) shall:
Chapter 7GENERAL
HEADQUARTERS
Sec. 40. Functions. - The General Headquarters, AFP, shall:
Chapter
8MAJOR
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
9PHILIPPINE
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
10NATIONAL
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
11INTEGRATED
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
12ATTACHED
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
IIITHE
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
IXHEALTH Chapter
1GENERAL
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
2DEPARTMENT
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
3DEPARTMENT
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
4OFFICES
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
5FIELD
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
6ATTACHED
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
XTRADE
AND INDUSTRY Chapter
1GENERAL
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
2DEPARTMENT
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
3OFFICE
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
4OFFICE
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
5OFFICE
OF THE UNDERSECRETARY FORINDUSTRY
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
6OFFICE
OF THE UNDERSECRETARY FORREGIONAL
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
7ATTACHED
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
XIAGRARIAN
REFORM Chapter
1GENERAL
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
2DEPARTMENT
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
3DEPARTMENT
SERVICES
Sec. 8. Management and Executive Services. - The Management and
Executive
Services shall have the following functions:
Chapter
4BUREAUS
Sec. 13. Bureau of Agrarian Legal Assistance. - The Bureau of Agrarian
Legal Assistance shall have the following functions:
Chapter
5REGIONAL
AND DISTRICT OFFICESAND
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
XIILOCAL
GOVERNMENT Chapter
1GENERAL
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
2DEPARTMENT
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
3DEPARTMENT
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
4BUREAUS
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
5REGIONAL
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
6LEAGUES
OF PROVINCES, CITIESAND
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
XIIITOURISM
Chapter
1GENERAL
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
2DEPARTMENT
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
3DEPARTMENT
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
4BUREAUS
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 5FOREIGN
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 6ATTACHED
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
XIVENVIRONMENT
AND NATURAL RESOURCES Chapter
1GENERAL
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
2THE
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 3THE
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
4THE
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
5ATTACHED
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 XVTRANSPORTATION
AND COMMUNICATIONS Chapter
1GENERAL
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 2DEPARTMENT
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
3DEPARTMENT
SERVICES
Sec. 13. Department Services. - The Department Services shall include
the
following:
Chapter
4REGIONAL
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
5REGULATORY
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
6ATTACHED
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
XVISOCIAL
WELFARE AND DEVELOPMENT Chapter
1GENERAL
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
2DEPARTMENT
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 3DEPARTMENT
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
4BUREAUS
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
5REGIONAL
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
6PROVINCIAL/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
7MUNICIPAL/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
8ATTACHED
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
9FUND
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
10SOCIAL
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
XVIIBUDGET
AND MANAGEMENT Chapter
1GENERAL
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
2DEPARTMENT
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
3DEPARTMENT
SERVICES
Sec. 7. Management Services Office. - The Management Services Office
shall
consist of the following bureaus:
Chapter
4BUREAUS
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
XVIIISCIENCE
AND TECHNOLOGY Chapter
1GENERAL
PROVISIONS
Sec. 1. Declaration of Policy. - The State shall:
Chapter
2DEPARTMENT
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
3SERVICES
Sec. 8. Services. - The Services of the Department shall consist of the
following:
Chapter 4BOARD,
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
5REGIONAL
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
6ATTACHED
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
2COVERAGE
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
3ORGANIZATION
AND FUNCTIONSOF
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
4INTERDEPARTMENT
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
5PERSONNEL
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
6RIGHT
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
7PROHIBITIONS
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
8LEAVE
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
9MISCELLANEOUS
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
BTHE
COMMISSION ON AUDIT Chapter
1GENERAL
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
2ORGANIZATION
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
3OFFICES
Sec. 7. Central Offices. - The Commission shall have the following
central
offices:
Chapter
4JURISDICTION,
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
5DECISIONS
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
6GOVERNMENT
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
7RECEIPT
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
8APPLICATION
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
9ACCOUNTABILITY
AND RESPONSIBILITYFOR
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
10MISCELLANEOUS
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
CCOMMISSION
ON ELECTIONS Chapter
1GENERAL
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
2THE
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
3THE
FIELD OFFICES
Sec. 11. Field Office of the Commission. - The Commission shall have
the
following field offices:
Title
IIOTHER
BODIES Subtitle
ACOMMISSION
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
BOFFICE
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
CTHE
NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY Chapter
1GENERAL
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
2NEDA
BOARD
Sec. 5. Composition of the NEDA Board. - The NEDA Board shall be
composed
of the following:
Chapter
3NEDA
SECRETARIAT
Sec. 8. The NEDA Secretariat. - The Secretariat of NEDA shall have the
following functions:
Chapter
4ATTACHED
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
3BUDGET
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
4BUDGET
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
5BUDGET
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
6BUDGET
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
7EXPENDITURE
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
Sec. 59. Authority to Receive Additional Compensation. - Officials and
employees who are duly appointed by competent authority to any position
in another government office or agency in a concurrent capacity, may,
in
the discretion of the President, be allowed to receive additional
compensation
in the form of allowance or honorarium at such rates he shall fix and
subject
to such conditions as she may prescribe. Such additional compensation
shall
be paid from the appropriations of the office or agency benefitting
from
the concurrent service.chanrobles virtual law library
Sec. 60. Restrictions on Salary Increases. - No portion of the
appropriations
provided in the General Appropriations Act shall be used for payment of
any salary increase or adjustment unless specifically authorized by law
or appropriate budget circular nor shall any appropriation for salaries
authorized in the General Appropriations Act, save as otherwise
provided
for under the Compensation and Position Classification Act, be paid
unless
the positions have been classified by the Budget Commission.chanrobles virtual law library
Sec. 61. Merit Increases. - The budgets of national government agencies
may provided for a lump-sum for merit increases, subject to such terms
and conditions as may be approved by the President. Such lump-sum shall
be used to fund salary increases approved by the head of agency in
recognition
of meritorious performance: Provided, That the Civil Service Commission
and the Department of Budget shall jointly issue the rules and
regulations
governing the granting of such merit increases.chanrobles virtual law library
Sec. 62. Salary for Substitutionary Service. - When an official or
employee
is issued a duly approved appointment in a temporary or acting capacity
to take the place and perform the duties of another who is temporarily
absent from his post with pay, savings in the appropriations of the
department,
bureau or office may be used for the payment of his salary or
differential,
subject to the approval of the Secretary.chanrobles virtual law library
Sec. 63. Additional Compensation for Overtime Service. - Officials and
employees of the National Government, when required to work overtime
after
regular working hours during ordinary days, during half-day sessions,
or
on Saturdays, Sundays and holidays, by the heads of departments
concerned,
to finish work that must be completed within a specified time, may be
paid
overtime compensation from any unexpected balance of the appropriation
for salaries and wages authorized in the General Appropriations Act and
under such guidelines as may be issued by the President.chanrobles virtual law library
Sec. 64. Compensation of Persons Receiving Pension. - A person
receiving
life pension, annuity, or gratuity as a result of service in the
national
government or any local government unit, or from any government-owned
or
controlled corporation, who is reappointed to any position, the
appropriation
for the salary of which is provided from funds of the office, shall
have
the option to receive either the compensation for the position, or the
pension, gratuity or annuity, but in no case shall he receive both.chanrobles virtual law library
Sec. 65. Prohibition of Voluntary Service. - Unless otherwise
specifically
approved by the President, no person shall be employed or appointed in
the government under the guise of voluntary service, with compensation
below the authorized hiring rate for the position, but with privilege
of
transportation and/or representation expenses in any form, or of
receiving
per diems, allowances, honoraria, subsistence, quarters in cash or in
kind,
payable from government funds: provided, that the application of this
provisions
may be waived to authorize voluntary service in the Armed Forces of the
Philippines or in connection with relief operations.chanrobles virtual law library
Sec. 66. Additional Compensation for School Faculty Members. -
Professors,
instructors, teachers, or members of the faculty of government schools,
colleges and universities, when required to teach more than their
regular
teaching loads may be paid additional compensation not exceeding
seventy-five
percentum of their basic salary.chanrobles virtual law library
Sec. 67. Laundry. - At the discretion of the department head concerned,
any official or employee of the national government serving in any
hospital,
penal institution, or other similar institution, who is required to
wear
a uniform during the performance of his duties, may be granted laundry
allowance in kind, or which may be commuted at such rates as may be
authorized
by the Department of Budget.chanrobles virtual law library
Sec. 68. Hazard Pay. - Upon recommendation of the department head
concerned
and approval of the Secretary, hazard pay may be allowed to employees
who
are actually assigned to danger or strife-torn areas, disease-infested
places, or in distressed or isolated stations and camps, which expose
them
to great danger of contagion or peril to life. Such hazard pay shall be
paid from savings of the department concerned at such rates, terms and
conditions as the Secretary may prescribe.chanrobles virtual law library
Sec. 69. Subsistence. - No official or employee of the national
government
shall be given subsistence, the cost of which is payable from any fund,
except the following and only when an appropriation therefor is
specifically
provided:
(1) Marine officers, engineers and crew of government vessels,
launches,
and motorboats, who shall take their meals on the mess when aboard the
said vessels, launches, or motorboats;
(2) Lightkeepers and other employees in light stations duly authorized
by the head of the department to receive subsistence, who shall be
furnished
raw canned, or preserved food supplies;
(3) Officials and employees who are required to render service within
the
premises of hospitals, penal institutions, leper institutions, military
installations, and other similar institutions, for a continuous period
that includes meal time, may be allowed full subsistence when required
to live in said premises to make their services available at any and
all
times;
(4) Laborers temporarily fielded to isolated or unsettled districts
shall
be furnished the usual rations or the equivalent in cash, at the
expense
of the government.chanrobles virtual law library
In hospitals and leper institutions where there are no mess halls or
whenever
these are inadequate, personnel entitled to subsistence allowance in
kind
may commute such subsistence upon request of the personnel concerned
subject
to the approval of the department head at authorized rates chargeable
against
the appropriations for supplies and materials authorized in the General
Appropriations Act.chanrobles virtual law library
Sec. 70. Subsistence of Crew of Government Vessels. - The subsistence
allowance
for the officers and crew of the coast guard and revenue cutters and
lighthouse
tenders and other large vessels operated by the Government shall be
spent
for conducting a mess under the charge and administration of one or
more
members of the complement in each vessel to be designated by the
corresponding
head of department, and in accordance with regulations to be issued by
him. The person or persons so designated shall keep an account of the
advances
of funds received and expenditures made therefrom for the operation of
the mess and shall render such report to the corresponding Accounting
Officer
promptly at the end of each month.chanrobles virtual law library
Sec. 71. Furnished Quarters. - When the position of any official or
employee
is provided with "furnished quarters", such official or employee shall
be entitled to the use of such government-owned furniture and equipment
as are necessary for his board and lodging and those for his family
including
children below twenty-one years of age.chanrobles virtual law library
Sec. 72. Per Diems of Government Officials and Employees. - When a
government
official or employee is authorized to travel on official business
outside
of his permanent station, he shall be entitled to per diems to cover
his
board and lodging in accordance with his schedule: provided, that in
addition
to per diems, the official or employee may be entitled to
transportation
expenses in going to and coming from his destination and to a daily
allowance
while in the field: provided, further, that officials and employees on
travel status whose expenses for board and lodging are paid directly or
indirectly by government may not be entitled to receive the per diems
and
allowances corresponding to such payments.chanrobles virtual law library
Department secretaries, heads of Constitutional bodies,
undersecretaries
and all other positions of equivalent rank are authorized the
reimbursement
of actual expenses supported by receipts, within such limits as may be
imposed under the provisions of this section.chanrobles virtual law library
Officials and employees authorized to travel abroad may be granted
clothing
allowance: provided, that no official or employee shall be granted such
clothing allowance oftener than once every twenty-four (24) months.chanrobles virtual law library
The rates of per diems and other allowances as authorized in this
section
shall be determined by the President. The rates may be changed from
time
to time upon recommendation of a Travel Rates Committee which is hereby
created, consisting of the Secretary of Budget as Chairman and the
Secretary
of Foreign Affairs, the Secretary of Tourism and the Chairman,
Commission
on Audit, or their representatives, as members.chanrobles virtual law library
The Committee shall review travel rates and shall recommend to the
President
for consideration and approval modification in rates and policy when
found
to be warranted by actual domestic or foreign travel costs, as the case
may be.chanrobles virtual law library
Government-owned or controlled corporations shall observe the rates
established
under this section: provided, that profit making corporations may adopt
their own scales as may be provided by law. The Travel Rates Committee
shall issue the necessary rules and regulations to enforce the
provisions
of this section.chanrobles virtual law library
Sec. 73. Additional Conditions for Payment of Travel Expenses. - When
travel
is done by water and subsistence is not included in the transportation
cost, the amount actually and necessarily spent for subsistence during
such travel time shall be paid, and no per diems shall be allowed in
lieu
thereof.chanrobles virtual law library
Per diems and travel allowances shall not be granted to members of
field
parties or others for whom subsistence and allowances in kind are
supplied
or other special provision made to cover travel expenses.chanrobles virtual law library
The travel expenses of a government official or employee who is
assigned
to render a special service to any private person or entity, the
expenses
for which are payable by the latter, shall be paid from a deposit which
the private party shall be required to make before the performance of
the
special service is commenced, subject to the limitations and
requirements
herein provided for travel expenses payable from government funds.chanrobles virtual law library
No official or employee of the Government who remains temporarily at
one
station for a period longer than one (1) month shall be paid per diems
in excess of one (1) month, except upon the approval of the head of
department,
and, in case his temporary stay in any one place exceeds three (3)
months,
payment of per diems in excess of three (3) months shall be made only
upon
the previous approval of the Secretary.chanrobles virtual law library
Sec. 74. Transportation of Members of Family of an Employee Transferred
from One Station to Another. - Whenever, due to the exigencies of the
service
and not at his own request, an official or employee is transferred from
one station to another, said official or employee and his spouse and
children
below twenty-one years of age shall be entitled to transportation and
freight
for reasonable and necessary baggage and household effects, at the
expense
of the Government, to be paid from the appropriation for traveling
expenses
of the bureau or office concerned.chanrobles virtual law library
Sec. 75. Purchase, Use, Operation and Maintenance of Motor Transport
Equipment.
- No appropriation for equipment authorized in the General
Appropriations
Act shall be used directly or indirectly for the purchase of
automobiles,
jeeps, jitneys, station wagons, motorcycles, trucks, launches,
speedboats,
airplanes, helicopters and other types of motor transport equipment
unless
otherwise specifically authorized by the President.chanrobles virtual law library
All departments, bureaus, offices and agencies authorized to purchase
motor
transport equipment including those acquired through donations, gifts
or
gratuitous title are likewise authorized to use, operate and maintain
them
for purposes of carrying out the official functions and activities of
the
agency. These motor vehicles shall be used strictly for official
business,
bear government plates only, and after office hours kept in garage
provided
therefor by the office or agency to which they belong, except, when in
use for official business outside office hours. The President, however,
may authorize exceptions from these provisions for officials of
government
who work under extended hours or whose activities call for special
security
arrangements. Any violation of the provisions of this section shall
subject
the erring official or employee to administrative disciplinary action and
he shall be personally liable for any loss or damage caused to the
government
or third persons.chanrobles virtual law library
The Commission on Audit shall issue rules and regulations governing the
use, operation and maintenance of government motor transport equipment.chanrobles virtual law library
Sec. 76. Limitation of Rental of Motor Vehicles. - No appropriations
authorized
in the General Appropriations Act shall be used for renting motor
transport
equipment for a continuous period of more than fifteen days, except as
may be authorized by the Secretary.chanrobles virtual law library
Sec. 77. Limitation of Purchase of Supplies, Materials, and Equipment
Spare
Parts. - Except as otherwise provided in the General Appropriations
Act,
the stock on hand of supplies, materials and equipment spare parts,
acquired
through ordinary and emergency purchase, shall at no time exceed normal
three-month requirements, subject to the pertinent rules and
regulations
issued by competent authority: Provided, That department heads may
approve
the build-up of stocks on hand of critical supplies and materials, in
anticipation
of cost increases or requirements of a national emergency, and
specifying
maximum quantities of individual items, but in no case shall these
stocks
exceed more than one year's supply, unless otherwise approved by the
President.chanrobles virtual law library
Sec. 78. Purchase of Locally Manufactured Products. - All
appropriations
for the purchase of equipment, supplies and materials authorized in the
General Appropriations Act shall be available only for locally
manufactured
equipment; parts, accessories, medicines and drugs, supplies and
materials,
except when none is available in the market or when the price of the
locally
manufactured article exceed those determined by the Flag Law.chanrobles virtual law library
Sec. 79. Availability of Appropriations for Rental of Building and
Grounds.
- Any appropriation authorized in any Act for rental of buildings and
grounds
for any department, bureau, office or agency shall be available for
expenditure
only when authorized by the department head concerned. Such
appropriation
may also be used for lease-purchase arrangements.chanrobles virtual law library
With the concurrence of the Secretary of Budget and Management and the
Secretary of Finance, the head of the department may contract with any
government financial institution for loans intended for the acquisition
of land for the construction of an office building for any of the
agencies
under the department. Annual amortization of the loans shall be taken
from
the appropriation for rental authorized under any Act for the
department,
bureau or office concerned.chanrobles virtual law library
Sec. 80. Misuse of Government Funds and Property. - Any public official
or employee who shall apply any government fund or property under his
administration
or control to any use other than for which such fund or property is
appropriated
by laws, shall suffer the penalty imposed under the appropriate penal
laws.
BOOK
VII ADMINISTRATIVE
PROCEDURE Chapter
1 GENERAL
PROVISIONS
Sec. 1. Scope. - This Book shall be applicable to all agencies as
defined
in the next succeeding section, except the Congress, the Judiciary, the
Constitutional Commissions, military establishments in all matters
relating
exclusively to Armed Forces personnel, the Board of Pardons and Parole,
and state universities and colleges.chanrobles virtual law library
Chapter
2RULES
AND REGULATIONS
Sec. 3. Filing. - (1) Every agency shall file with the University of
the
Philippines Law Center three (3) certified copies of every rule adopted
by it. Rules in force on the date of effectivity of this Code which are
not filed within three (3) months from that date shall not thereafter
be
the basis of any sanction against any party or persons.chanrobles virtual law library
Chapter
3ADJUDICATION
Sec. 10. Compromise and Arbitration. - To expedite administrative
proceedings
involving conflicting rights or claims and obviate expensive
litigations,
every agency shall, in the public interest, encourage amicable
settlement,
comprise and arbitration.
Chapter
4ADMINISTRATIVE
APPEAL INCONTESTED CASES
Sec. 19. Appeal. - Unless otherwise provided by law or executive order,
an appeal form a final decision of the agency may be taken to the
Department
head.
FINAL
PROVISIONS
Sec. 27. Repealing Clause. - All laws, decrees, orders, rules and
regulations,
or portions thereof, inconsistent with this Code are hereby repealed or
modified accordingly.
DONE in the City of Manila, this 25th day of July, in the year of Our
Lord,
nineteen hundred and eighty-seven.chanrobles virtual law library
|