EXECUTIVE ORDER NO. 292
EXECUTIVE ORDER NO. 292 -
INSTITUTING THE “ADMINISTRATIVE CODE OF 1987”
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however, was never published and later expressly repealed;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
virtue of the powers vested in me by the Constitution, do hereby
promulgate the Administrative Code of 1987, as follows:
INTRODUCTORY
PROVISIONS
Section 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.
(2) National
Government refers to the entire machinery of the central government, as
distinguished from the different forms of local governments.
(3) Local
Government refers to the political subdivisions established by or in
accordance with the Constitution.
(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.
(5) National
Agency refers to a unit of the National Government.
(6) Local
Agency refers to a local government or a distinct unit therein.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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 1 — THE 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.
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.
CHAPTER
2 — THE 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.
(4) Those who
are naturalized in accordance with law.
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.
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.
Sec. 8. Loss or Reacquisition of Citizenship. —
Philippine citizenship may be lost or reacquired in the manner provided
by law.
Sec. 9. Dual Allegiance. — Dual allegiance is
inimical to the national interest and shall be dealt with by law.
CHAPTER
3 — STATE 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.
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.
(2) The State shall not be bound by the mistakes or
errors of its officers or agents in the exercise of their functions.
CHAPTER
4 — NATIONAL 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.
(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.
Sec. 13. National Anthem. — Until otherwise
provided by law, the musical arrangement and composition of Julian
Felipe is adopted as the national anthem.t 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.
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.
(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.
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.
Sec. 16. Arms, Seals and Banners of Government
Offices. — The various offices of government may adopt appropriate
coats-of-arms, seals and banners.
Sec. 17. Official Languages. — Until otherwise
provided by law, Pilipino and English shall be the official languages.
CHAPTER
5 — OPERATION 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.
Sec. 19. Prospectivity. — Laws shall have
prospective effect unless the contrary is expressly provided.
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.n case of ambiguity,
omission or mistake, the other texts may be consulted.
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.
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.
Sec. 23. Ignorance of the Law. — Ignorance of the
law excuses no one from compliance therewith.
CHAPTER
6 — OFFICIAL 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.
The publication of any law, resolution or other official documents in
the Official Gazette shall be prima facie evidence of its authority.
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.t shall be sold and
distributed by the National Printing Office which shall promptly mail
copies thereof to subscribers free of postage.
CHAPTER
7 — REGULAR 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:
(A)
Regular Holidays
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
All Saints
Day
November 1
Last Day of
the Year December 31
(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.
Sec. 27. Local Special Days. — The President may
proclaim any local special day for a particular date, group or place.
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.
CHAPTER
8 — LEGAL 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.
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.
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.
CHAPTER
9 — GENERAL 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.
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.
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.
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.
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.
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.
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.
(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.
(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.
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.
CHAPTER
10 — OFFICIAL 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.
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.
(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.
CHAPTER
11 — OFFICIAL 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.
Sec. 44. Contents of Reports. — The contents of
the annual reports shall be prescribed by law or, in the absence
thereof, by executive order.
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.
Sec. 46. Deposit with Archives. — Official copies
of annual reports shall be deposited with the National Archives and
shall be open to public inspection.
CHAPTER
12 — PUBLIC 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.
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.
(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.
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.
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.
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.
(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.
BOOK
II
DISTRIBUTION OF POWERS OF
GOVERNMENT
CHAPTER 1 — BASIC PRINCIPLES AND
POLICIES
Section 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.
(2) The State
values the dignity of every human
person and guarantees full respect for human rights.
(3) Civilian
authority is, at all times, supreme over
the military.
(4) The State
shall ensure the autonomy of local
governments.
(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.
(6) The
separation of Church and State shall be
inviolable.
(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.
(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.
CHAPTER
2 — LEGISLATIVE 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.
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.
(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.
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.
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.
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.
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.
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.
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.
(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.
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.
(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.
CHAPTER
3 — EXECUTIVE POWER
Sec. 11. Exercise of Executive Power. — The
Executive power shall be vested in the President.
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.
The Vice-President may be appointed as a Member of the Cabinet. Such
appointment requires no confirmation.
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.
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.
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.
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.
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.
CHAPTER
4 — JUDICIAL 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.
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.
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.
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.
(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.
(b) All cases
involving the legality of any tax,
impost, assessment, or toll, or any penalty imposed in relation
thereto.
(c) All cases
in which the jurisdiction of any lower
court is in issue.
(d) All
criminal cases in which the penalty imposed
is reclusion perpetua or higher.
(e) All cases
in which only an error or question of
law is involved.
(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.
(4) Order a
change of venue or place of trial to
avoid a miscarriage of justice.
(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.
(6) Appoint
all officials and employees of the
Judiciary in accordance with the Civil Service law.
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.
No law shall be passed reorganizing the Judiciary when it undermines
the security of tenure of its Members.
Sec. 20. Administrative Supervision.— The Supreme
Court shall have administrative supervision over all courts and the
personnel thereof.
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.
(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.
(3) The Clerk of the Supreme Court shall be the
Secretary ex officio of the Council and shall keep a record of its
proceedings.
(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.
(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.
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.
For the lower courts, the President shall issue the appointments within
ninety (90) days from the submission of the list.
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.
CHAPTER
5 — CONSTITUTIONAL 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.
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.
Sec. 26. Fiscal Autonomy. — The Constitutional
Commissions shall enjoy fiscal autonomy. The approved annual
appropriations shall be automatically and regularly released.
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.
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.
CHAPTER
6 — OTHER 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 I
POWERS OF THE PRESIDENT
CHAPTER 1 — POWER OF CONTROL
Section 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.
CHAPTER
2 — ORDINANCE POWER
Sec. 2. Executive Orders. — Acts of the President
providing for rules of a general or permanent character in
implementation or execution of constitutional or statutory powers shall
be promulgated in executive orders.
Sec. 3. Administrative Orders. — Acts of the
President which relate to particular aspect of governmental operations
in pursuance of his duties as administrative head shall be promulgated
in administrative orders.
Sec. 4. Proclamations. — Acts of the President
fixing a date or declaring a status or condition of public moment or
interest, upon the existence of which the operation of a specific law
or regulation is made to depend, shall be promulgated in proclamations
which shall have the force of an executive order.
Sec. 5. Memorandum Orders. — Acts of the President
on matters of administrative detail or of subordinate or temporary
interest which only concern a particular officer or office of the
Government shall be embodied in memorandum orders.
Sec. 6. Memorandum Circulars. — Acts of the
President on matters relating to internal administration, which the
President desires to bring to the attention of all or some of the
departments, agencies, bureaus or offices of the Government, for
information or compliance, shall be embodied in memorandum circulars.
Sec. 7. General or Special Orders. — Acts and
commands of the President in his capacity as Commander-in-Chief of the
Armed Forces of the Philippines shall be issued as general or special
orders.
CHAPTER
3 — POWER OVER ALIENS
Sec. 8. Power to Deport. — The President shall
have the power to deport aliens subject to the requirements of due
process.
Sec. 9. Power to Change Non-Immigrant Status of
Aliens. — The President, subject to the provisions of law, shall have
the power to change the status of non-immigrants by allowing them to
acquire permanent residence status without necessity of visa.
Sec. 10. Power to Countermand Decisions of the
Board of Commissioners of the Bureau of Immigration. — The decision of
the Board of Commissioners which has jurisdiction over all deportation
cases shall become final and executory after thirty (30) days from
promulgation, unless within such period the President shall order the
contrary.
Sec. 11. Power over Aliens under the General
Principles of International Law. — The President shall exercise with
respect to aliens in the Philippines such powers as are recognized by
the generally accepted principles of international law.
CHAPTER
4 — POWERS OF EMINENT DOMAIN, ESCHEAT, LAND RESERVATION AND
RECOVERY OF ILL-GOTTEN WEALTH
Sec. 12. Power of Eminent Domain. — The President
shall determine when it is necessary or advantageous to exercise the
power of eminent domain in behalf of the National Government, and
direct the Solicitor General, whenever he deems the action advisable,
to institute expropriation proceedings in the proper court.
Sec. 13. Power to Direct Escheat or Reversion
Proceedings. — The President shall direct the Solicitor General to
institute escheat or reversion proceedings over all lands transferred
or assigned to persons disqualified under the Constitution to acquire
land.
Sec. 14. Power to Reserve Lands of the Public and
Private Domain of the Government. — (1) The President shall have the
power to reserve for settlement or public use, and for specific public
purposes, any of the lands of the public domain, the use of which is
not otherwise directed by law. The reserved land shall thereafter
remain subject to the specific public purpose indicated until otherwise
provided by law or proclamation;
(2) He shall also have the power to reserve from sale
or other disposition and for specific public uses or purposes, any land
belonging to the private domain of the Government, or any of the Friar
Lands, the use of which is not otherwise directed by law, and
thereafter such land shall be used for the purposes specified by such
proclamation until otherwise provided by law.
Sec. 15. Power over Ill-gotten Wealth. — The
President shall direct the Solicitor General to institute proceedings
to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees.
Within the period fixed in, or any extension thereof authorized by, the
Constitution, the President shall have the authority to recover
ill-gotten properties amassed by the leaders and supporters of the
previous regime and protect the interest of the people through orders
of sequestration or freezing of assets or accounts.
CHAPTER
5 — POWER OF APPOINTMENT
Sec. 16. Power of Appointment. — The President
shall exercise the power to appoint such officials as provided for in
the Constitution and laws.
Sec. 17. Power to Issue Temporary Designation. —
(1) The President may temporarily designate an officer already in the
government service or any other competent person to perform the
functions of an office in the executive branch, appointment to which is
vested in him by law, when: (a) the officer regularly appointed to the
office is unable to perform his duties by reason of illness, absence or
any other cause; or (b) there exists a vacancy;
(2) The person designated shall receive the
compensation attached to the position, unless he is already in the
government service in which case he shall receive only such additional
compensation as, with his existing salary, shall not exceed the salary
authorized by law for the position filled. The compensation hereby
authorized shall be paid out of the funds appropriated for the office
or agency concerned.
(3) In no case shall a temporary designation exceed
one (1) year.
CHAPTER
6 — GENERAL SUPERVISION OVER LOCAL GOVERNMENTS
Sec. 18. General Supervision Over Local
Governments. — The President shall exercise general supervision over
local governments.
CHAPTER
7 — OTHER POWERS
Sec. 19. Powers Under the Constitution. — The
President shall exercise such other powers as are provided for in the
Constitution.
Sec. 20. Residual Powers. — Unless Congress
provides otherwise, the President shall exercise such other powers and
functions vested in the President which are provided for under the laws
and which are not specifically enumerated above, or which are not
delegated by the President in accordance with law.
Title
II
ORGANIZATION
CHAPTER 8 — ORGANIZATION OF THE
OFFICE OF THE PRESIDENT
Sec. 21. Organization. — The Office of the
President shall consist of the Office of the President Proper and the
agencies under it.
Sec. 22. Office of the President Proper. — (1) The
Office of the President Proper shall consist of the Private Office, the
Executive Office, the Common Staff Support System, and the Presidential
Special Assistants/Advisers System;
(2) The Executive Office refers to the Offices of the
Executive Secretary, Deputy Executive Secretaries and Assistant
Executive Secretaries;
(3) The Common Staff Support System embraces the
offices or units under the general categories of development and
management, general government administration and internal
administration; and
(4) The President Special Assistants/Advisers System
includes such special assistants or advisers as may be needed by the
President.
Sec. 23. The Agencies under the Office of the
President. — The agencies under the Office of the President refer to
those offices placed under the chairmanship of the President, those
under the supervision and control of the President, those under the
administrative supervision of the Office of the President, those
attached to it for policy and program coordination, and those that are
not placed by law or order creating them under any specific department.
Title
III
FUNCTIONS
CHAPTER 9 — FUNCTIONS OF THE
DIFFERENT OFFICES IN THE
OFFICE OF THE PRESIDENT PROPER
A — PRIVATE OFFICE
Sec. 24. Functions of the Private Office. — The
Private Office shall provide direct services to the President and shall
for this purpose attend to functions and matters that are personal or
which pertain to the First Family.
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 achieve the purposes and objectives of the Office.
Sec. 26. The Executive Secretary, the Deputy
Executive Secretaries, and the Assistant Executive Secretaries. — The
Executive Office shall be headed by the Executive Secretary who shall
be assisted by one (1) or more Deputy Executive Secretaries and one (1)
or more Assistant Executive Secretaries.
Sec. 27. Functions of the Executive Secretary. —
The Executive Secretary shall, subject to the control and supervision
of the President, carry out the functions assigned by law to the
Executive Office and shall perform such other duties as may be
delegated to him. He shall:
(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.
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 governmental 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.
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.
CHAPTER
10 — FUNCTIONS OF THE AGENCIES UNDER THE OFFICE OF THE
PRESIDENT
Sec. 30. Functions 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;
(2) Transfer
any function under the Office of the
President to any other Department or Agency as well as transfer
functions to the Office of the President from other Departments and
Agencies; and
(3) Transfer
any agency under the Office of the
President to any other department or agency as well as transfer
agencies to the Office of the President from other departments or
agencies.
BOOK
IV
THE EXECUTIVE BRANCH
CHAPTER 1 — THE DEPARTMENTS
Section 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.
Sec. 2. Declaration of Policy. — (1) The
Departments shall be organized and maintained to insure their capacity
to plan and implement programs in accordance with established national
policies;
(2) Bureaus and offices shall be grouped primarily on
the basis of major functions to achieve simplicity, economy and
efficiency in government operations and minimize duplication and
overlapping of activities; and
(3) The functions of the different Departments shall
be decentralized in order to reduce red tape, free central officials
from administrative details concerning field operations, and relieve
them from unnecessary involvement in routine and local matters.
Adequate authority shall be delegated to subordinate officials.
Administrative decisions and actions shall, as much as feasible, be at
the level closest to the public.
Sec. 3. Department Proper. — (1) Unless otherwise
provided in this Code or by law, the Department proper shall include
the Office of the Secretary and the staff consist of the Secretary and
the Undersecretary or Undersecretaries, together with the personnel in
their immediate offices;
(2) Every Secretary shall be assisted by such number
of Undersecretaries as may be provided for by this Code or by law;
The Undersecretary shall perform the functions as provided in Chapter 2
of this Book;
(3) Whenever necessary, Assistant Secretary position
or positions may be created to form part of the Department proper; and
(4) In the absence of special provisions, the major
staff units of each department shall be the services which shall
include: the Planning Service, the Financial and Management Service,
the Administrative Service, and when necessary, the Technical and Legal
Services.
Sec. 4. Jurisdiction over Bureaus, Offices,
Regulatory Agencies and Government Corporations. — Each Department
shall have jurisdiction over bureaus, offices, regulatory agencies, and
government-owned or controlled corporations assigned to it by law, in
accordance with the applicable relationship as defined in Chapter 7, 8,
and 9 of this Book.
Sec. 5. Assignment of Offices and Agencies. — The
President shall, by executive order, assign offices and agencies not
otherwise assigned by law to any department, or indicate to which
department a government corporation or board may be attached.
CHAPTER
2 — SECRETARIES, UNDERSECRETARIES, AND
ASSISTANT SECRETARIES
Sec. 6. Authority and Responsibility of the
Secretary. — The authority and responsibility for the exercise of the
mandate of the Department and for the discharge of its powers and
functions shall be vested in the Secretary, who shall have supervision
and control of the Department.
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;
(2) Establish
the policies and standards for the
operation of the Department pursuant to the approved programs of
governments;
(3) Promulgate
rules and regulations necessary to
carry out department objectives, policies, functions, plans, programs
and projects;
(4) Promulgate
administrative issuances necessary for
the efficient administration of the offices under the Secretary and for
proper execution of the laws relative thereto. These issuances shall
not prescribe penalties for their violation, except when expressly
authorized by law;
(5) Exercise
disciplinary powers over officers and
employees under the Secretary in accordance with law, including their
investigation and the designation of a committee or officer to conduct
such investigation;
(6) Appoint
all officers and employees of the
Department except those whose appointments are vested in the President
or in some other appointing authority; Provided, however, that where
the Department is regionalized on a department-wide basis, the
Secretary shall appoint employees to positions in the second level in
the regional offices as defined in this Code;
(7) Exercise
jurisdiction over all bureaus, offices,
agencies and corporations under the Department as are provided by law,
and in accordance with the applicable relationships as specified in
Chapters 7, 8, and 9 of this Book;
(8) Delegate
authority to officers and employees
under the Secretary’s direction in accordance with this Code; and
(9) Perform
such other functions as may be provided
by law.
Sec. 8. Submission of Performance Evaluation
Reports. — The Secretary shall formulate and enforce a system of
measuring and evaluating periodically and objectively the performance
of the Department and submit the same annually to the President.
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.
Sec. 10. Powers and Duties of the Undersecretary.
— The Undersecretary shall:
(1)
Advise and assist the Secretary in the
formulation and implementation of department objectives and policies;
(2) Oversee
all the operational activities of the
department for which he shall be responsible to the Secretary;
(3) Coordinate
the programs and projects of the
department and be responsible for its economical, efficient and
effective administration;
(4) Serve as
deputy to the Secretary in all matters
relating to the operations of the department;
(5)
Temporarily discharge the duties of the Secretary
in the latter’s absence or inability to discharge his duties for any
cause or in case of vacancy of the said office, unless otherwise
provided by law. Where there are more than one Undersecretary, the
Secretary shall allocate the foregoing powers and duties among them.
The President shall likewise make the temporary designation of Acting
Secretary from among them; and
(6) Perform
such other functions and duties as may be
provided by law.
Sec. 11. Duties and Functions of the Assistant
Secretary. — The Assistant Secretary shall perform such duties and
functions as may be provided by law or assigned to him by the
Secretary.
CHAPTER
3 — DEPARTMENT SERVICES
Sec. 12. Department Services. — Except as
otherwise provided by law, each Department shall have Department
Services which shall include the Planning Service, the Financial and
Management Service, the Administrative Service, and whenever necessary
the Technical and Legal Services.
Sec. 13. Planning Service. — The Planning Service
shall provide the department with economical, efficient and effective
services relating to planning, programming, and project development,
and discharge such other functions as may be provided by law. Where the
work of the department does not call for substantial planning and
programming, the Planning Service shall be constituted as a single unit
without subdivisions. Where substantial primary data-gathering is
essential to the operations of the department, a statistical unit may
be constituted as part of a technical service.
Sec. 14. Financial and Management Services. — The
Financial and Management Services shall advise and assist the Secretary
on financial and management matters and shall perform such other
functions as may be provided by law.
Sec. 15. Administrative Service. — The
Administrative Service shall provide the Department with economical,
efficient and effective services relating to personnel, legal
assistance, information, records, delivery and receipt of
correspondence, supplies, equipment, collections, disbursement,
security and custodial work. It shall also perform such other functions
as may be provided by law.
Sec. 16. Technical Service. — Whenever necessary,
one or more technical services shall be established to take charge of
technical staff activities essential to a department and which cannot
be allocated to the three other services or to the bureaus.
Sec. 17. Legal Service. — A Legal Service shall be
provided where the operations of the department involve substantial
legal work, in which case the Administrative Service shall not have a
Legal Division. The Legal Service shall provide legal advice to the
department; interpret laws and rules affecting the operation of the
department; prepare contracts and instruments to which the department
is a party, and interpret provisions of contracts covering work
performed for the department by private entities; assist in the
promulgation of rules governing the activities of the department;
prepare comments on proposed legislation concerning the department;
answer legal queries from the public; assist the Solicitor General in
suits involving the Department or its officers, or employees or act as
their principal counsel in all actions taken in their official capacity
before judicial or administrative bodies; and perform such other
functions as may be provided by law.
Where the workload of the department does not warrant a Legal Service
or a Legal Division, there shall be one or more legal assistants in the
Office of the Secretary.
CHAPTER
4 — BUREAUS
Sec. 18. Bureaus in General. — (1) A Bureau is any
principal subdivision of the department performing a single major
function or closely related functions. Bureaus are either staff or
line.
(2) Each bureau shall be headed by a Director who may
have one or more Assistant Directors as provided by law; and
(3) Each bureau may have as many divisions as are
provided by law for the economical, efficient and effective performance
of its functions.
Sec. 19. Staff Bureau. — (1) A staff bureau shall
primarily perform policy, program development and advisory functions.
(2) The Director of a staff bureau shall:
(a)
Advise and assist the Office of the Secretary on
matters pertaining to the Bureau’s area of specialization;
(b) Provide
consultative and advisory services to the
regional offices of the department;
(c) Develop
plans, programs, operating standards, and
administrative techniques for the attainment of the objectives and
functions of the bureau; and
(d) Perform
such other duties as may be provided by
law.
(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.
Sec. 20. Line Bureau. — (1) A line bureau shall
directly implement programs adopted pursuant to department policies and
plans.
(2) The Director of a line bureau shall:
(a)
Exercise supervision and control over all
division and other units, including regional offices, under the bureau;
(b) Establish
policies and standards for the
operations of the bureau pursuant to the plans and programs of the
department;
(c) Promulgate
rules and regulations necessary to
carry out bureau objectives, policies and functions; and
(d) Perform
such other duties as may be provided by
law.
(3) The line bureau may have staff units, as may be
necessary, corresponding to the services of the department proper. If
the bureau is small, only a single unit performing combined staff
functions may be provided.
CHAPTER
5 — FIELD OFFICES
Sec. 21. Regional Offices. — Regional Offices
shall be established according to law defining field service areas. The
administrative regions shall be composed of a National Capital Region
and Regions I to XII. Provincial and district offices may be
established only by law whenever necessary.
Sec. 22. Integration of Field Service. — Except as
otherwise provided by law and when the needs of the service so require,
the department or agency shall organize an integrated regional office
on a department or agency-wide basis.
Sec. 23. Administration of Regional Office. — The
regional office shall be headed by a Regional Director who may be
assisted by one (1) Assistant Regional Director, except as may
otherwise be provided by law. The Regional Director shall be
responsible for department or agency functions performed in the region
under his jurisdiction.
Sec. 24. Supervision of Regional Offices. — (1)
Whenever the function or activity of a department or agency requires
central or interregional action, the function may be performed by the
regional offices under the supervision and control of the department
proper or line bureau concerned.
(2) The staff bureau or division shall perform
primarily advisory or auxiliary functions and exercise in behalf of the
department or agency functional supervision over the regional offices.
This shall include authority to develop and set down standards,
policies and procedures to be implemented by operating units, and to
evaluate continuously such implementation for the purpose of
recommending or when authorized, taking corrective measures.
Sec. 25. Organization of Regional Offices. —
Regional offices organized on a department wide basis shall have units
or personnel in which the functional areas of the staff bureaus and
services in the department shall be represented. Regional offices of a
line bureau may have units or personnel in which the functional areas
of the primary units of the bureau are represented. Related functions
of regional units shall be consolidated.
Sec. 26. Functions of a Regional Office. — (1) A
regional office shall:
(a)
Implement laws, policies, plans, programs, rules
and regulations of the department or agency in the regional area;
(b) Provide
economical, efficient and effective
service to the people in the area;
(c) Coordinate
with regional offices of other
departments, bureaus and agencies in the area;
(d) Coordinate
with local government units in the
area; and
(e) Perform
such other functions as may be provided
by law.
(2) District offices may be established only in cases
of clear necessity.
Sec. 27. Duties of a Regional Director. — The
Regional Director shall:
(1)
Implement laws, policies, rules and regulations
within the responsibility of the agency;
(2) Implement
agency programs in the region;
(3) Exercise
the management functions of planning
organizing, directing and controlling
(4) Appoint
personnel to positions in the first level
and casual and seasonal employees; and exercise disciplinary actions
over them in accordance with the Civil Service Law;
(5) Approve
sick, vacation and maternity leaves of
absence with or without pay, for a period not beyond one year;
(6) Prepare
and submit budget proposals for the
region to the central office, administer the budget of the regional
office, authorize disbursement of funds pursuant to approved financial
and work programs, and administer the budget control machinery in the
region;
(7) Approve
requisition for supplies, materials and
equipment, as well as books and periodicals, and other items for the
region, in accordance with the approved supply procurement program;
(8) Negotiate
and enter into contracts for services
or furnishing supplies, materials and equipment to the regional office
involving an amount not exceeding fifty thousand pesos (P50,000.00)
within a given quarter, provided that authority in excess of fifty
thousand pesos (P50,000.00) may be further authorized by the proper
department or agency head;
(9) Approve
claims for benefits under existing laws;
(10) Approve
requests for overtime services;
(11) Promote
coordination among the regional offices,
and between his regional office and local government units in the
region;
(12) Provide
housekeeping services for the regional
office;
(13) Approve
application of personnel for permission
to teach, exercise a profession, or engage in business outside of
office hours in accordance with standards and guidelines of the Civil
Service Commission;
(14) Issue
travel vouchers authorizing employees to
travel on official business within the region for a period not
exceeding thirty days;
(15) Approve
attendance of personnel in conferences,
seminars, and non-degree training programs within the region;
(16) Authorize
the allocation of funds to
provincial/district offices; and
(17) Perform
such other duties and functions as may
be provided by law or further delegated by the head of agency or other
proper authorities concerned.
Sec. 28. Review of Acts of Regional Director. —
Nothing in the preceding Section shall be construed as a limitation on
the power of the Secretary to review and modify, alter or reverse any
action of the Regional Director, or to initiate promotions and
transfers of personnel from one region to another.
CHAPTER
6 — POWERS AND DUTIES OF HEADS OF BUREAUS OR OFFICES
Sec. 29. Powers and Duties in General. — The head
of bureau or office shall be its chief executive officer. He shall
exercise overall authority in matters within the jurisdiction of the
bureau, office or agency, including those relating to its operations,
and enforce all laws and regulations pertaining to it.
Sec. 30. Authority to Appoint and Discipline. —
The head of bureau or office shall appoint personnel to all positions
in his bureau or office, in accordance with law. In the case of the
line bureau or office, the head shall also appoint the second level
personnel of the regional offices, unless such power has been
delegated. He shall have the authority to discipline employees in
accordance with the Civil Service Law.
Sec. 31. Duties of Assistant Heads and
Subordinates. — (1) Assistant heads and other subordinates in every
bureau or office shall perform such duties as may be required by law or
regulations, or as may be specified by their superiors not otherwise
inconsistent with law;
(2) The head of bureau or office may, in the interest
of economy, designate the assistant head to act as chief of any
division or unit within the organization, in addition to his duties,
without additional compensation; and
(3) In the absence of special restriction prescribed
by law, nothing shall prevent a subordinate officer or employee from
being assigned additional duties by proper authority, when not
inconsistent with the performance of the duties imposed by law.
Sec. 32. Acting Head of Bureau or Office. — In
case of the absence or disability of the head of a bureau or office,
his duties shall be performed by the assistant head. When there are two
or more assistant heads, the Secretary shall make the designation. In
the absence of an assistant head, the Secretary may designate any
officer or employee of the bureau or office as acting head without
additional compensation.
Sec. 33. Performance of Duties of Subordinate
Officers Temporarily Absent. — In case of the temporary absence or
disability of any subordinate officer or employee in any bureau or
office, its head may, subject to existing laws, rules and regulations,
designate any other subordinate officer or employee within the
organization to perform temporarily the duties of the absent or
disabled person.
Sec. 34. Filling of Vacancies. — Vacancies caused
by death, resignation or removal of any officer or subordinate may be
temporarily filled in the same manner as in the case of temporary
absence or disability. The vacancies shall not be filled by permanent
appointment, until the expiration of any leave allowable to the
predecessor, unless the exigencies of the service require that the
appointment be made immediately.
Sec. 35. Power to Require Bonds. — (1) The head of
each bureau or office shall, consistent with law, rules and
regulations, prescribe the form and fix the amount of all bonds
executed by private parties to the government under the laws pertaining
to his bureau or office. He shall pass on the sufficiency of the
security and retain possession of the bond.
(2) When it appears that any such bond is
insufficient, the head may require additional security. He may withdraw
the privilege secured by the bond upon failure of the party to give
additional security within the period fixed in the notice, but such an
action shall be without prejudice to the liability of any person or
property already obligated.
Sec. 36. Authority to Prescribe Forms and Issue
Regulations. — (1) The head of a bureau or office shall prescribe forms
and issue circulars or orders to secure the harmonious and efficient
administration of his bureau or office and to carry into full effect
the laws relating to matters within his jurisdiction. Penalties shall
not be prescribed in any circular or order for its violation, except as
expressly allowed by law;
(2) Heads of bureaus or offices are authorized to
issue orders regarding the administration of their internal affairs for
the guidance of or compliance by their officers and employees;
(3) Regional directors are authorized to issue
circulars of purely information or implementing nature and orders
relating to the administration of the internal affairs of regional
offices and units within their supervision; and
(4) Issuances under paragraphs (2) and (3) hereof
shall not require, for their effectivity, approval by the Secretary or
other authority.
Sec. 37. Annual Reports. — (1) All heads of
bureaus or offices of the national government shall render annual
reports to their respective Secretaries on or before the last day of
February of each year.
(2) The reports shall contain concise statements of
accomplishments and assessment of the progress attained in terms of
approved programs and projects, including pertinent financial
statements on expenditures incurred in their implementation during the
calendar year. Broad recommendations and plans for undertaking work
during the ensuing period shall be included together with matters
specifically required by law or regulation to be incorporated therein.
CHAPTER
7 — ADMINISTRATIVE RELATIONSHIP
Sec. 38. Definition of Administrative
Relationship. — Unless otherwise expressly stated in the Code or in
other laws defining the special relationships of particular agencies,
administrative relationships shall be categorized and defined as
follows:
(1)
Supervision and Control. — Supervision and
control shall include authority to act directly whenever a specific
function is entrusted by law or regulation to a subordinate; direct the
performance of duty; restrain the commission of acts; review, approve,
reverse or modify acts and decisions of subordinate officials or units;
determine priorities in the execution of plans and programs; and
prescribe standards, guidelines, plans and programs. Unless a different
meaning is explicitly provided in the specific law governing the
relationship of particular agencies, the word “control” shall encompass
supervision and control as defined in this paragraph.
(2)
Administrative Supervision. — (a) Administrative
supervision which shall govern the administrative relationship between
a department or its equivalent and regulatory agencies or other
agencies as may be provided by law, shall be limited to the authority
of the department or its equivalent to generally oversee the operations
of such agencies and to insure that they are managed effectively,
efficiently and economically but without interference with day-to-day
activities; or require the submission of reports and cause the conduct
of management audit, performance evaluation and inspection to determine
compliance with policies, standards and guidelines of the department;
to take such action as may be necessary for the proper performance of
official functions, including rectification of violations, abuses and
other forms of maladministration; and to review and pass upon budget
proposals of such agencies but may not increase or add to them;
(b) Such
authority shall not, however, extend to: (1)
appointments and other personnel actions in accordance with the
decentralization of personnel functions under the Code, except appeal
is made from an action of the appointing authority, in which case the
appeal shall be initially sent to the department or its equivalent,
subject to appeal in accordance with law; (2) contracts entered into by
the agency in the pursuit of its objectives, the review of which and
other procedures related thereto shall be governed by appropriate laws,
rules and regulations; and (3) the power to review, reverse, revise, or
modify the decisions of regulatory agencies in the exercise of their
regulatory or quasi-judicial functions; and
(c) Unless a
different meaning is explicitly provided
in the specific law governing the relationship of particular agencies,
the word “supervision” shall encompass administrative supervision as
defined in this paragraph.
(3)
Attachment. — (a) This refers to the lateral
relationship between the department or its equivalent and the attached
agency or corporation for purposes of policy and program coordination.
The coordination may be accomplished by having the department
represented in the governing board of the attached agency or
corporation, either as chairman or as a member, with or without voting
rights, if this is permitted by the charter; having the attached
corporation or agency comply with a system of periodic reporting which
shall reflect the progress of programs and projects; and having the
department or its equivalent provide general policies through its
representative in the board, which shall serve as the framework for the
internal policies of the attached corporation or agency;
(b) Matters of
day-to-day administration or all those
pertaining to internal operations shall be left to the discretion or
judgment of the executive officer of the agency or corporation. In the
event that the Secretary and the head of the board or the attached
agency or corporation strongly disagree on the interpretation and
application of policies, and the Secretary is unable to resolve the
disagreement, he shall bring the matter to the President for resolution
and direction;
(c)
Government-owned or controlled corporations
attached to a department shall submit to the Secretary concerned their
audited financial statements within sixty (60) days after the close of
the fiscal year; and
(d) Pending
submission of the required financial
statements, the corporation shall continue to operate on the basis of
the preceding year’s budget until the financial statements shall have
been submitted. Should any government-owned or controlled corporation
incur an operation deficit at the close of its fiscal year, it shall be
subject to administrative supervision of the department; and the
corporation’s operating and capital budget shall be subject to the
department’s examination, review, modification and approval.
CHAPTER
8 — SUPERVISION AND CONTROL
Sec. 39. Secretary’s Authority. — (1) The
Secretary shall have supervision and control over the bureaus, offices,
and agencies under him, subject to the following guidelines:
(a)
Initiative and freedom of action on the part of
subordinate units shall be encouraged and promoted, rather than
curtailed, and reasonable opportunity to act shall be afforded those
units before control is exercised;
(b) With
respect to functions involving discretion,
experienced judgment or expertise vested by law upon a subordinate
agency, control shall be exercised in accordance with said law; and
(c) With
respect to any regulatory function of an
agency subject to department control, the authority of the department
shall be governed by the provisions of Chapter 9 of this book.
(2) This Chapter shall not apply to chartered
institutions or government-owned or controlled corporations attached to
the department.
Sec. 40. Delegation of Authority. — The Secretary
or the head of an agency shall have authority over and responsibility
for its operation. He shall delegate such authority to the bureau and
regional directors as may be necessary for them to implement plans and
programs adequately. Delegated authority shall be to the extent
necessary for economical, efficient and effective implementation of
national and local programs in accordance with policies and standards
developed by each department or agency with the participation of the
regional directors. The delegation shall be in writing; shall indicate
to which officer or class of officers or employees the delegation is
made; and shall vest sufficient authority to enable the delegate to
discharge his assigned responsibility.
Sec. 41. Line Bureau Authority. — (1) Line bureaus
of a department shall exercise supervision and control over their
regional and other field offices. They shall be directly responsible
for the development and implementation of plans and programs within
their respective functional specializations; and
(2) The regional and other field offices shall
constitute the operating arms of the bureau concerned for the direct
implementation of the plans and programs drawn up in accordance with
approved policies and standards. As counterparts of the bureau in the
region, they shall undertake bureau operations within their respective
jurisdictions, and be directly responsible to their bureau director.
CHAPTER
9 — RELATIONSHIPS OF 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.
In order to fully protect the interests of the government in
government-owned or controlled corporations, at least one-third (1/3)
of the members of the Boards of such corporations should either be a
Secretary, or Undersecretary, or Assistant Secretary.
Sec. 43. Regulatory Agencies. — (1) A regulatory
agency shall be subject to the administrative supervision of the
department under which they are placed, except when they are government
corporations in which case they shall be governed by the provisions of
the preceding section;
(2) The heads of regulatory agencies shall submit
annually, for the approval of the Secretary concerned, their budgets
and work plans which shall be the basis of their day-to-day operations;
and
(3) The regulatory agencies may avail themselves of
the common auxiliary and management services of the department as may
be convenient and economical for their operations.
CHAPTER
10 — APPOINTMENTS AND QUALIFICATIONS
Sec. 44. Appointment of Secretaries. — The
Secretaries of Departments shall be appointed by the President with the
consent of the Commission on Appointments, at the beginning of his term
of office, and shall hold office, unless sooner removed, until the
expiration of his term of office, or until their successors shall have
been appointed and qualified.
Sec. 45. Qualifications of Secretaries. — The
Secretaries shall be citizens of the Philippines and not less than
twenty-five years of age.
Sec. 46. Appointments of Undersecretaries and
Assistant Secretaries. — The Undersecretaries and Assistant Secretaries
of Departments shall, upon the nomination of the Secretary of the
Department concerned, be appointed by the President.
Sec. 47. Appointment to other Senior Positions and
their Equivalents. — Directors and Assistant Directors of Bureaus,
Regional and Assistant Regional Directors, Department Service Chiefs,
and their Equivalents shall be appointed by the President in accordance
with law, rules and regulations.
Sec. 48. Disqualification of the spouse and
relatives of the President. — The spouse and relatives by consanguinity
or affinity within the fourth civil degree of the President shall not
during his tenure be appointed as Secretaries, Undersecretaries,
Chairmen or heads of bureaus or offices including government-owned or
controlled corporations and their subsidiaries.
Sec. 49. Inhibitions Against Holding More than Two
Positions. — Even, if allowed by law or by the primary functions of his
position, a member of the Cabinet, undersecretary, assistant secretary
or other appointive official of the Executive Department may, in
addition to his primary position, hold not more than two positions in
the government and government-owned corporations and receive the
corresponding compensation therefor: Provided, that this limitation
shall not apply to ad hoc bodies or committees, or to boards, councils
or bodies of which the President is the Chairman.
If a Secretary, Undersecretary, Assistant Secretary or other appointive
official of the Executive Department holds more positions than what is
allowed in the preceding paragraph, he must relinquish the excess
positions in favor of a subordinate official who is next in rank, but
in no case shall any official hold more than two positions other than
his primary position.
CHAPTER
11 — ADMINISTRATIVE ISSUANCES
Sec. 50. General Classification of Issuances. —
The administrative issuances of Secretaries and heads of bureaus,
offices or agencies shall be in the form of circulars or orders.
(1)
Circulars shall refer to issuances prescribing
policies, rules and regulations, and procedures promulgated pursuant to
law, applicable to individuals and organizations outside the Government
and designed to supplement provisions of the law or to provide means
for carrying them out, including information relating thereto; and
(2) Orders
shall refer to issuances directed to
particular offices, officials, or employees, concerning specific
matters including assignments, detail and transfer of personnel, for
observance or compliance by all concerned.
Sec. 51. Numbering System of Issuances. — Every
circular or order issued pursuant to the preceding section shall
properly be identified as such and chronologically numbered. Each class
of issuance shall begin with number 1 of each calendar year .
Sec. 52. Official Logbook. — Each department,
bureau, office or agency shall keep and preserve a logbook in which
shall be recorded in chronological order, all final official acts,
decisions, transactions or contracts, pertaining to the department,
bureau, office or agency. Whenever the performance of an official act
is in issue, the date and the time record in the logbook shall be
controlling. The logbook shall be in the custody of the chief
Administrative Officer concerned and shall be open to the public for
inspection.
Sec. 53. Government-wide Application of the
Classification of Issuances. — (1) The Records Management and Archives
Office in the General Services Administration shall provide such
assistance as may be necessary to effect general adherence to the
foregoing classification of issuances, including the conduct of studies
for developing sub-classifications and guidelines to meet peculiar
needs; and
(2) All administrative issuances of a general or
permanent character shall be compiled, indexed and published pursuant
to the provisions of this Code.
CHAPTER
12 — MISCELLANEOUS RECEIPTS
Sec. 54. Charges for Property Sold or Services
Rendered; Refunds. — (1) For services required by law to be rendered
for a fee, for supplies furnished, or articles of any kind sold to
other divisions of the government or to any person, the head of bureau,
office or agency may, upon approval of the Secretary charge and collect
the cost of the service, supplies, or articles or other rate in excess
of cost prescribed by law or approved by the same authority. For local
governments, the rate, except where otherwise prescribed by law, shall
be affixed at cost or at such other reasonable rate in excess of cost
by the boards or councils concerned;
(2) The officer authorized to fix the amount to be
paid for service rendered and supplies or articles furnished or sold
may recommend that the whole or part of any sum so paid be refunded,
upon approval of the Commission on Audit.
Sec. 55. Disposition of Miscellaneous Bureau
Receipts. — In the absence of special provision, money collected for
property sold or service rendered, and all other receipts or earnings
of bureaus, offices, and agencies not derived from taxation, shall
accrue to the general unappropriated funds of the National Government.
Sec. 56. Printing of Studies and Researches. —
With the approval of the Secretary, a bureau, office, or agency may
print its studies, researches and similar materials for distribution at
cost to the public. The Secretary may authorize the printing or
reprinting of the said materials by private persons for sale to the
public upon payment of such royalties as may be fixed by him, which
shall accrue to the general fund.
CHAPTER
13 — CONTRACTS
Sec. 57. Conveyances and Contracts to which the
Government is a Party. — Any deed, instrument or contract conveying the
title to real estate or to any other property the value of which does
not exceed fifty million pesos (P50,000,000) awarded through public
bidding, and five million pesos (P5,000,000) awarded through
negotiation, shall be executed and signed by the respective Secretary
on behalf of the Government of the Philippines. Where the value of the
property exceeds the aforesaid ceilings, such deed, instrument or
contract shall be executed and signed by the President of the
Philippines on behalf of the Government.
Sec. 58. Ceiling for Infrastructure Contracts. —
The following shall be the ceilings for all civil works, construction
and other contracts for infrastructure projects, including supply
contracts for said projects, awarded through public bidding or through
negotiation, which may be approved by the Secretaries of Public Works
and Highways, Transportation and Communications, Local Government with
respect to Rural Road Improvement Project, and governing boards of
government-owned or controlled corporations:
Awarded through Awarded through
Public
Bidding Negotiation
a. Secretary
of Public Works
and
Highways P100 Mil.
P10 Mil.
b. Secretary
of Transportation
and
Communications 100 Mil.
10 Mil.
c. Secretary
of Local Government
with respect
to the Rural
Road
Improvement Project 100 Mil.
2 Mil.
d. Government
Boards of Infra-
structure
Corporations
(National
Power Corporation,
National
Irrigation Administration,
Metropolitan
Waterworks and
Sewerage
System, National
Housing
Authority, Philippine Port
Authority,
National Electrification
Administration, Export Processing
Zone
Authority, Philippine National
Railways,
Local Water Utilities
Administration, Light Rail Transit
Authority and
Philippine National
Oil
Company) 50 Mil.
5 Mil.
e. Governing
Boards of
Non-Infrastructure Corporations
7.5 Mil. 1 Mil.
Save as provided for above, the approval ceilings assigned to the
departments/agencies involved in national infrastructure and
construction projects shall remain at the levels provided in existing
laws, rules and regulations.
Sec. 59. Contracts for Approval by the President.
— Contracts for infrastructure projects, including contracts for the
supply of materials and equipment to be used in said projects, which
involve amounts above the ceilings provided in the preceding section
shall be approved by the President: Provided, That the President may,
when conditions so warrant, and upon recommendation of the National
Economic and Development Authority, revise the aforesaid ceilings of
approving authority.
Sec. 60. Approval of Consultancy Contracts. — All
purely consultancy contracts relating to infrastructure projects,
regardless of amount, shall be approved by the Secretaries concerned,
in accordance with the Guidelines on the Hiring of Consultants to be
promulgated by the National Economic and Development Authority:
Provided, That the National Economic and Development Authority shall be
furnished by the departments, agencies or government corporations
concerned, copies of all consultancy contracts entered into by them
involving an amount in excess of P1 million for monitoring purposes.
Sec. 61. Delegation of Authority to Governing
Boards of Government Corporations. — The Secretaries are authorized to
delegate to the governing boards of government-owned or controlled
corporations which are attached to or are under the administrative
supervision of their respective departments, the authority to approve
contracts for infrastructure projects entered into by said corporations
involving amounts which are beyond the ceiling provided for government
corporations under Sec. 57 hereof but which are within the approving
authority of the Secretaries under the said Section . In the case of
government corporations which are attached to or under the Office of
the President, the delegation shall be made by the Executive Secretary.
Sec. 62. Public Bidding of Contracts; Exceptions.
— As a general rule, contracts for infrastructure projects shall be
awarded after open public bidding to bidders who submit the lowest
responsive/evaluated bids. Open Public Bidding shall be conducted among
prequalified contractors in accordance with laws, rules and regulations
not inconsistent with the provisions of this Chapter. The award of such
contracts through negotiations shall only be allowed by the Secretary
or Governing Board of the Corporation concerned within the limits as
stated in Sec. 57 hereof in the following cases:
a.
In times of emergencies arising from natural
calamities where immediate action is necessary to prevent imminent loss
of life or property, in which case, direct negotiation or simplified
bidding may be undertaken;
b. Failure to
award the contract after competitive
public bidding for valid cause or causes, in which case, simplified
bidding may be undertaken; and
c. Where the
construction project covered by the
contract is adjacent or contiguous to an on-going project and it could
be economically prosecuted by the same contractor, in which case,
direct negotiation may be undertaken with the said contractor at the
same unit prices and contract conditions, less mobilization costs,
provided that he has no negative slippage and has demonstrated a
satisfactory performance. Otherwise, the contract shall be awarded
through public bidding.
Sec. 63. Contracts for Community Employment and
Development Program Projects. — Contracts covering projects under the
Community Employment and Development Program of the government shall be
awarded through open public bidding: Provided, That the invitation to
bid for the said projects shall be advertised at least once within one
week in a newspaper of local circulation within the province where the
project is situated, through posting of notices in the premises of the
municipal/provincial office, and through other forms of media, such as
radio and television: Provided, further, That the deadline for
submission of bids for projects costing not more than P1 million each
may be shortened to one week after the date of such invitation, posting
of notices or advertisement through other forms of media.
Sec. 64. Constitution of the Prequalification,
Bids, and Awards Committee. — Each department, office or agency shall
have in its head office or in its implementing offices a
Prequalification, Bids and Awards Committee which shall be responsible
for the conduct of prequalification of contractors, biddings,
evaluation of bids and recommending awards of contracts. Each
Prequalification, Bids and Awards Committee shall be composed of the
following:
a.
A Chairman (regular) who should at least be a
third ranking official of the department/agency/implementing Office;
b. An
Executive Officer and Secretary (regular) who
is a Legal Officer of the department/office/implementing office;
c. A Technical
Member (regular) to be designated by
the Secretary or the head of the office/agency/implementing office;
d. Two members
(provisional) with experience in the
type of project to be bidded and in project management, duly designated
by the Secretary or the head of the office/implementing office on a
project-to-project basis; and
e. A
representative from at least one of the
following organizations who shall be a non-voting member:
1.
Philippine Institute of Civil Engineers
2. Philippine
Contractors Association
3. National
Confederation of Contractors Associations
of the Philippines, Inc.
4. Philippine
Institute of Certified Public
Accountants
The
representation in the Prequalification, Bids and Awards Committee
of the above-mentioned private organizations shall be made as follows:
1.
During the prequalification stage, the
representative to be invited shall come from the Philippine Institute
of Certified Public Accountants; and
2. In the
bidding, bid evaluation and award stages, a
representative each from the Philippine Institute of Certified Public
Accountants and from the Philippine Contractors Association or the
National Confederation of Contractors Associations of the Philippines,
Inc. shall be invited as non-voting members of the Prequalification,
Bids and Awards Committee without prejudice to inviting another
representative/s from any of the other organizations mentioned above.
Sec. 65. Approval of other types of Government
Contracts. — All other types of government contracts which are not
within the coverage of this Chapter shall, in the absence of a special
provision, be executed with the approval of the Secretary or by the
head of the bureau or office having control of the appropriation
against which the contract would create a charge. Such contracts shall
be processed and approved in accordance with existing laws, rules and
regulations.
CHAPTER
14 — CONTROVERSIES AMONG GOVERNMENT OFFICES AND CORPORATIONS
Sec. 66. How Settled. — All disputes, claims and
controversies, solely between or among the departments, bureaus,
offices, agencies and instrumentalities of the National Government,
including government-owned or controlled corporations, such as those
arising from the interpretation and application of statutes, contracts
or agreements, shall be administratively settled or adjudicated in the
manner provided in this Chapter. This Chapter shall, however, not apply
to disputes involving the Congress, the Supreme Court, the
Constitutional Commissions, and local governments.
Sec. 67. Disputes Involving Questions of Law. —
All cases involving only questions of law shall be submitted to and
settled or adjudicated by the Secretary of Justice as Attorney-General
of the National Government and as ex officio legal adviser of all
government-owned or controlled corporations. His ruling or decision
thereon shall be conclusive and binding on all the parties concerned.
Sec. 68. Disputes Involving Questions of Fact and
Law. — Cases involving mixed questions of law and of fact or only
factual issues shall be submitted to and settled or adjudicated by:
(1)
The Solicitor General, if the dispute, claim or
controversy involves only departments, bureaus, offices and other
agencies of the National Government as well as government-owned or
controlled corporations or entities of whom he is the principal law
officer or general counsel; and
(2) The
Secretary of Justice, in all other cases not
falling under paragraph (1).
Sec. 69. Arbitration. — The determination of
factual issues may be referred to an arbitration panel composed of one
representative each of the parties involved and presided over by a
representative of the Secretary of Justice or the Solicitor General, as
the case may be.
Sec. 70. Appeals. — The decision of the Secretary
of Justice as well as that of the Solicitor General, when approved by
the Secretary of Justice, shall be final and binding upon the parties
involved. Appeals may, however, be taken to the President where the
amount of the claim or the value of the property exceeds one million
pesos. The decision of the President shall be final.
Sec. 71. Rules and Regulations. — The Secretary of
Justice shall promulgate the rules and regulations necessary to carry
out the provisions of this Chapter.
Title
I
FOREIGN AFFAIRS
CHAPTER 1 — GENERAL PROVISIONS
Section 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.
Sec. 2. Mandate. — The Department shall be the
lead agency that shall advise and assist the President in planning,
organizing, directing, coordinating and evaluating the total national
effort in the field of foreign relations.
Sec. 3. Powers and Functions. — To carry out its
mandate and accomplish its mission, the Department shall:
(1)
Conduct the country’s foreign relations;
(2) Maintain
and develop the country’s representation
with foreign governments;
(3) Conduct
Philippine representation in the United
Nations, the Association of Southeast Asian Nations (ASEAN), and other
international and regional organizations;
(4) Serve as
the channel for matters involving
foreign relations, including official communications to and from the
Republic of the Philippines;
(5) Negotiate
treaties and other agreements pursuant
to instructions of the President, and in coordination with other
government agencies;
(6) Promote
trade, investments, tourism and other
economic relations with other countries in cooperation with other
government agencies;
(7) Foster
cultural relations with other countries
and protect and enhance the Philippines’ image abroad;
(8) Undertake
efforts to inform the international
community about the Philippines in cooperation with other government
agencies;
(9) Protect
and assist Philippine nationals abroad;
(10) Carry out
legal documentation functions as
provided for by law and regulations;
(11) Monitor
and analyze events in other countries
and report them, as appropriate, to the President and other government
agencies;
(12) Initiate,
formulate, integrate and submit to the
President short, medium, and long-range foreign policy plans and
programs in cooperation with other government agencies;
(13) Supervise
and direct officials and employees
assigned by the Department and other government agencies to Foreign
Service establishments abroad in accordance with the pertinent laws,
rules and inter-agency agreements;
(14) Recruit,
maintain and develop a professional
career foreign service based on merit; and
(15) Perform
such other functions as may be provided
by law.
Sec. 4. Organizational Structure. — The Department
shall have the following units:
(1)
The Department Proper which shall be composed of
the Office of the Secretary, the Offices of the Undersecretaries, the
Offices of the Assistant Secretaries, and the Home Offices;
(2) The
Foreign Service Establishments which are the
Philippine Embassies, Consulates, Legations and Permanent Missions.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 5. Offices Under the Direct Supervision of
the Secretary. — The Secretary shall exercise direct supervision over
the following:
(1)
Foreign Service Institute. — The Foreign Service
Institute shall continue to operate under its charter, and shall have
the following main objectives and responsibilities:
(a)
Program, implement, and manage the Career Foreign
Service Development Program (CFSDP) in all of its main components for
the purpose of upgrading the professional Career Foreign Service Corps;
(b) Program,
implement and manage complementary
organizational development programs for the Department as well as other
training and educational programs for both its career and non-career
personnel, and personnel of other government agencies assigned to
foreign missions;
(c) Program,
implement and manage the necessary
supportive plans and operating systems for the Career Foreign Service
Development Programs and complementary programs;
(d) Develop
its own policies, and rules, program of
activities, core staff and consultants, administrative structure,
operating systems and resources, in order to enable it to accomplish
competently its activities.
It shall be revitalized as the
training, research, and career
development arm of the Department, in accordance with such rules as may
be prescribed by the Secretary. The Institute shall be an integral
participant in the planning review process in the Department.
(2)
UNESCO National Commission of the Philippines. —
The United Nations Educational Scientific and Cultural Organization
(UNESCO) National Commission of the Philippines shall, in coordination
with the Office of United Nations and other international
organizations, advise the Philippine Government and the Philippine
delegation to the UNESCO Conference, on matters relating to UNESCO, and
shall function as a liaison agency on matters pertaining to the
Commission.
(3) Technical
Assistance Council. — The Technical
Assistance Council shall continue to perform its present functions
including the conduct and expansion of its programs.
Sec. 6. Undersecretaries. — The Secretary shall be
assisted by two (2) Undersecretaries, who shall be appointed by the
President, upon the recommendation of the Secretary. The Secretary
shall determine and assign the respective functions and
responsibilities of the Undersecretaries. The Secretary shall designate
one of the Undersecretaries as Acting Secretary in his absence.
Sec. 7. Assistant Secretaries. — The Secretary
shall be assisted by six (6) Assistant Secretaries who shall be
appointed by the President upon recommendation by the Secretary. The
Secretary shall delineate the respective areas of responsibility of
each Assistant Secretary.
Sec. 8. Home Offices. — (1) Geographical Offices.
— The following offices shall be responsible for providing staff
support and policy guidance in the coordination, supervision,
monitoring, integration, and reporting of the activities and operations
of Philippine diplomatic missions and establishments within their
geographical coverage:
(a)
Office of Asian and Pacific Affairs: Japan and
Northeast Asia, China, Central Asia, Southeast Asia, South Asia and
Pacific countries;
(b) Office of
Middle East and African Affairs: the
Gulf States, Middle East and North Africa, West Africa and East Africa;
(c) Office of
American Affairs: United States of
America, Canada, Mexico, the Central American and Caribbean countries,
and South America.
(d) Office of
European Affairs: Union of Soviet
Socialist Republics, Western Europe, Eastern Europe and Central Europe.
(2) Office of ASEAN Affairs. — The Office of ASEAN
Affairs shall be responsible for Philippine participation and
negotiation, as well as providing staff support and policy guidance in
the coordination, supervision, monitoring, integration, reporting and
operations of the Philippine Government in the ASEAN.
(3) Office of the United Nations and Other
International Organizations. — The Office of the United Nations and
other International Organizations shall be responsible for Philippine
participation and negotiation as well as providing staff support and
policy guidance in the coordination, supervision, monitoring,
integration, reporting and operations of the Philippine Government in
the United Nations, its specialized agencies and other international
organizations. It shall also serve as the secretariat of all Philippine
National Commissions and Councils created pursuant to commitments in
the United Nations and its specialized agencies.
(4) Office of International Economic Affairs and
Development. — The Office of International Economic Affairs and
Development shall be responsible for conducting programs and activities
of the Department in the fields of international trade, finance and
economics; coordinate with the regional offices and the Office of
United Nations and International Organizations; and, in coordination
with the Department of Trade and Industry, conduct trade and investment
promotion activities of the Department.
(5) Office of Cultural Affairs and Public Information
Services. — The Office of Cultural Affairs and Public Information
Services shall be responsible for promoting the cultural and public
information program of the Government abroad and for the development
and dissemination of information and the coordination of information
activities on the Government’s foreign and domestic policies.
(6) Office of Personnel and Administrative Services.
— The Office of Personnel and Administrative Services shall be
responsible for the efficient management of human resources and
administrative support services, and shall make appropriate
recommendations, including those concerning job classification, salary
administration, benefits, retirement, and awards to deserving members
of the Foreign Service.
(7) Office of Financial Management Services. — The
Office of Financial Management Services shall be responsible for
budgetary, financial and accounting services in the Department and the
Foreign Service.
(8) Office of Consular Services. — The Office of
Consular Services shall be responsible for the efficient and effective
delivery of passport, visa and authentication services. It shall also
extend assistance to Filipino nationals both here and abroad.
Sec. 9. Advisory Boards and Committees. — The
Secretary may create such advisory boards and committees as he may deem
necessary to assist and provide him with advice in the formulation of
policies, as well as designate as special advisers such Chiefs of
Mission who are on home assignment on specific areas of their
expertise.
CHAPTER
3 — DEPARTMENT SERVICES
Sec. 10. Office of the Legal Adviser. — The Office
of the Legal Adviser shall be headed by a Legal Adviser, who shall be a
career Chief of Mission. However, the Legal Adviser may be appointed by
the President, upon the recommendation of the Secretary, from outside
the career service, in which case he shall have the assimilated rank of
a Chief of Mission. His term shall be co-terminus with the tenure of
the Secretary, unless sooner terminated, and he is not eligible for
foreign assignment. The Legal Adviser shall provide legal advice and
services to the Department.
Sec. 11. Office of Coordination and Policy
Planning. — The Office of Coordination and Policy Planning shall be
headed by the Chief Coordinator. The Office of Coordination and Policy
Planning shall initiate, coordinate and integrate the planning of
foreign policy. It shall provide staff support to the Office of
Secretary and perform coordinating and such other functions as may be
prescribed by the Secretary.
Sec. 12. Office of Data Banking and Communication.
— The Office of Data Banking and Communication shall establish and
maintain a modern data and communication center in the Department. The
Office shall:
(1)
Assist the Secretary on all matters regarding
data banking and information retrieval;
(2) Establish,
develop and maintain a computerized
foreign-relations data bank for the Department;
(3) Establish,
develop and maintain both domestic and
foreign service communications systems, including efficient flow
systems for all correspondence between and among all Department units;
(4) Establish,
develop and maintain the records
system of the entire Department;
(5) Provide
technical assistance to any service,
office, or attached agency of the Department, on matters within its
competence; and
(6) Perform
such other functions as may be assigned
by the Secretary.
Sec. 13. Office of Protocol, State and Official
Visits. — The Office of Protocol, State and Official Visits shall
coordinate preparations for state visits, the reception of Chiefs of
State, heads of Government, the highest foreign dignitaries visiting
the Philippines, as well as official visits of Philippine officials
abroad, as may be determined by the President. It shall also be
responsible for handling all activities of the Department concerning
protocol, ceremonials and socials, the proper observance and
enforcement of formalities, courtesies, facilities, immunities and
privileges under the Vienna Convention on Diplomatic Relations and the
Vienna Convention on Consular Relations, and other applicable
conventions and agreements.
Sec. 14. Office of Intelligence and Security. —
The Office of Intelligence and Security shall adopt a system of
information gathering and analysis, act as liaison with the
intelligence community, and provide security services in the
Department. It shall also undertake the enforcement and monitoring of
security procedures in the Department and Foreign Service
establishments.
CHAPTER
4 — BOARD OF FOREIGN SERVICE ADMINISTRATION
Sec. 15. Composition. — The Board of Foreign
Service Administration shall be composed of nine (9) members: one (1)
Undersecretary as Chairman; the other Undersecretary as Vice-Chairman;
the six (6) Assistant Secretaries and the Legal Adviser, as members.
Sec. 16. Functions. — The Board shall be
responsible for considering and recommending policies for the efficient
and economical discharge of the administrative operations of the
Department and the Foreign Service. It shall also consider and submit
recommendation on policy and other matters concerning personnel,
including the appointment, promotion and assignment of Foreign Service
Staff Officers and Employees, as well as recommend to the President
through the Secretary the appointment and promotion of Foreign Service
Officers, Counselors and Chiefs of Mission. It shall also act and
submit recommendations on administrative cases involving personnel of
the Department and the Foreign Service.
CHAPTER
5 — BOARD OF FOREIGN SERVICE EXAMINERS
Sec. 17. Composition. — The Board of Foreign
Service Examiners shall be composed of one (1) Undersecretary as
Chairman; and the Assistant Secretary for Personnel and Administrative
Services and a Commissioner of the Civil Service Commission as members.
The Board shall be under the administrative supervision of such
Undersecretary.
Sec. 18. Functions. — The Board shall be
responsible for planning and administering the Foreign Service Officers
Examinations and the Foreign Service Staff Officers and Foreign Service
Staff Employees Examinations.
CHAPTER
6 — ATTACHED AGENCIES
Sec. 19. Attached Agencies. — The Law of the Sea
Secretariat, the Inter-Agency Technical Committee on Economic,
Scientific and Technical Cooperation with Socialist Countries (SOCCOM),
the Inter-Agency Technical Committee on Technical Cooperation Among
Developing Countries (IATC-TCDC), 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.
CHAPTER
7 — THE FOREIGN SERVICE
Sec. 20. Functions of Diplomatic Missions. — The
Diplomatic Missions shall:
(1)
Represent the Philippines abroad and promote
friendly relations with other countries in all fields;
(2) Protect
national interests and the interests of
Filipino nationals abroad;
(3) Ascertain
and evaluate conditions and
developments abroad and report thereon to the Department Head;
(4) Serve as
channels of communication between the
Government of the Philippines and foreign governments; and
(5) Perform
such other functions provided by law.
Sec. 21. Functions of Consular Establishments. —
The consular establishments shall:
(1)
Protect national interests abroad and promote
foreign relations in all fields, particularly in the economic and trade
areas;
(2) Ascertain
and evaluate conditions and
developments abroad in the commercial, economic, cultural and
scientific fields and report thereon to the Department Head;
(3) Issue
passports and travel documents to Filipino
nationals, and visas or appropriate documents to foreign nationals
desiring to travel to the Philippines;
(4) Protect
the interests of Filipino nationals
abroad, provide necessary services and assistance, and perform notarial
functions allowed by regulations;
(5) Transmit
judicial and extra-judicial documents
and execute letters rogatory or commissions to receive evidence abroad
for Philippine courts;
(6) Supervise
and inspect in accordance with laws and
regulations of the Philippines, vessels and aircrafts and their crews;
and
(7) Perform
such other functions as may be provided
by law.
CHAPTER
8 — ATTACHES AND REPRESENTATIVES
Sec. 22. Attaches of the Department. — The
Department Head shall designate attaches of the Department from the
ranks of Foreign Service Officers and Foreign Service Staff Officers.
Sec. 23. Attaches of Other Departments. — The
assignment abroad of personnel in any Department, Bureau or office of
the Philippine government as attaches or representatives shall have the
prior clearance of the Secretary of Foreign Affairs. The clearance
shall include such matters as the actual need for opening particular
types of attache services, and the specific places where these services
will be made available.
Sec. 24. Appointment and Accreditation of
Attaches. — (1) The authority to appoint attaches shall be vested in
the Head of the Department or agency maintaining the attache service,
who shall consult with the Secretary of Foreign Affairs on such
appointments.
(2) A Department or agency shall have only one
attache accredited to it by the receiving government, except military
attaches.
(3) The designation of attaches shall apply only to
those serving in diplomatic missions. Those assigned to consular
establishments shall be designated as representatives.
Except in extraordinary cases, each foreign service establishment shall
have only military, labor, revenue, tourism, information and commercial
attaches.
In the event of the actual need for more than one attache, as
determined by the department or agency in consultation with the
Department of Foreign Affairs, the succeeding attache shall be
accredited as assistant attache.
Sec. 25. Relationships Between the Chief of
Mission and Attaches. — The Chief of Mission shall be responsible for
the conduct of affairs of government at the diplomatic posts. All
attaches and representatives of other departments, shall during their
tour of duty, be under the immediate control and administrative
supervision of the Chief of Mission where they are assigned. They shall
be required to submit their reports to their agencies through the Chief
of Mission and the Department of Foreign Affairs, except when national
security requires otherwise. They shall clear with the Chief of Mission
all their public pronouncements at the diplomatic post, and all the
documents and materials they send shall be transmitted through the
diplomatic pouch.
The supremacy of the Chief of Mission for the conduct of foreign
relations at the post is established. The Chief of Mission shall have
the authority to discipline attaches within his Mission, including the
authority to have them recalled, if necessary.
Sec. 26. Assimilated Ranks. — (1) Except as the
President may appoint, no officer of the Philippine government
stationed abroad, outside the Department of Foreign Affairs, shall be
assigned assimilated ranks higher than Foreign Service Officer Class I.
(2) The assignment of assimilated rank personnel of
the Philippine government stationed abroad shall remain with the
President who shall act on the basis of recommendations of the
Department of Foreign Affairs and the Department of Budget and
Management.
(3) The assimilated ranks are for purposes of
compensation only and shall not confer diplomatic rank for purposes of
protocol. Civil attaches shall always rank after the lowest ranking
Foreign Service officer in the post.
Sec. 27. Relationship Between the Consul-General
or the Principal Officer at the Consulate and the Representative. — The
relationship of the Consul-General or the Principal Officer at the post
and the Representatives assigned to the said post shall be the same as
the relationship between the Chief of Mission and the attaches.
Sec. 28. Uniform Rules for Attache Services. — A
uniform set of rules and regulations shall govern attache and
representative services. This shall be drafted by an Inter-Department
Committee to be composed of the Undersecretary of Foreign Affairs as
Chairman, and the Undersecretaries, or equivalent officials, of the
Departments or agencies with attaches or representatives abroad, as
members.
CHAPTER
9 — PERSONNEL
Sec. 29. Policy. — To enable the Foreign Service
to effectively serve abroad the interests of the Republic of the
Philippines, it shall be the policy of the Department that only persons
who are competent, of good moral character, and fully informed of the
Philippine History and current trends in Filipino life shall be
appointed to the service.
Sec. 30. Categories of Officers and Employees. —
The Service shall consist of the following categories of officers and
employees:
(1)
Chiefs of Missions
(2)
Counsellors
(3) Foreign
Service Officers
(4) Foreign
Service Staff Officers
(5) Foreign
Service Staff Employees
(6) Honorary
Consuls
(7) Alien
Employees
Sec. 31. Foreign Service Officers. — There shall
be a career service composed of foreign service officers. The Service
shall consist of six classes of Foreign Service Officers including
Chiefs of Missions and Counsellors.
(1)
A Chief of Mission may be assigned as Ambassador
Extraordinary and Plenipotentiary, Head of an Office in the Department,
or Deputy Chief of Mission.
(2) A
Counsellor may be assigned as Executive Officer
of an Office in the Department, Counsellor in an Embassy, or Head of a
Consular Post.
(3) The
assignments of the other classes of Foreign
Service Officers shall be as follows:
Home Office
Diplomatic Consular
Service
Service
Class I-Chief
of First Secretary
Consul
Division
Class
II-Chief of Secondary
Secretary Consul
Division
Class
III-Chief of Third
Secretary Consul
Division
Class
IV-Asst.
Chief of
Division Third Secretary
Vice-Consul
(4) In the
home office, assignment to a position
requiring a rank higher than the actual rank of the Foreign Service
Officer shall be in an acting capacity.
(5) A Foreign
Service Officer in any class may be
designated as a special assistant to the Secretary or to an
Undersecretary. A Foreign Service Officer below the rank of Class I may
be designated as Principal Assistant to a Head of Office.
Sec. 32. Foreign Service Staff Officers. — There
shall be three classes of Foreign Service Staff Employees to provide
the administrative and technical services.
Sec. 33. Foreign Service Staff Employees. — There
shall be three classes of Foreign Service Staff Employees to provide
the clerical, custodial, messengerial and similar services.
Sec. 34. Honorary Consuls. — Honorary consuls
shall be appointed from among qualified private persons to perform
certain consular functions on a non-career basis.
CHAPTER
10 — APPOINTMENTS, COMPENSATION AND BENEFITS
Sec. 35. Foreign Service Officers. — (1) Foreign
Service Officers shall be appointed by the President.
(2) No person shall be eligible for appointment as
Foreign Service Officers unless he has passed the competitive
examinations given by the Board of Foreign Service Examiners and
successfully completed his probationary service.
(3) The Secretary shall, upon the recommendation of
the Board of Foreign Service, submit to the President names of
eligibles for appointment as Foreign Service Officers. The initial
appointment of Foreign Service Officers shall only be to Foreign
Service Officers Class IV minimum.
Sec. 36. Staff Officers and Employees. — The
Secretary shall appoint, in accordance with the Civil Service Law, all
Foreign Service Officers and Foreign Service Staff Employees who must
be in the Philippines at the time of their original or initial
appointment.
Sec. 37. Alien Employees. — The Secretary shall,
upon the recommendation of the head of diplomatic or consular
establishment and as much as possible in accordance with the Civil
Service Law, appoint alien employees who shall be recruited at the post
to supplement the regular staff of a foreign service establishment.
Sec. 38. Compensation and Benefits. — The
salaries, allowances, travel expenses, insurance and other benefits of
Foreign Service Officers, and Employees shall be as provided by law and
regulations.
CHAPTER
11 — PROMOTIONS
Sec. 39. Merit Promotion System. — The Board of
the Foreign Service shall establish a merit promotion system for all
officers and employees of the Department.
Sec. 40. Requirements for Promotion in the Career
Service. — (1) For promotion to Chief of Mission Class I, the candidate
must have served as a Chief of Mission Class II and rendered continuous
service as Foreign Service Officer for at least twelve (12) years;
(2) For promotion to Chief of Mission Class II, the
candidate must have served as a Foreign Service Officer Class I and
rendered continuous service as Foreign Service Officer for at least ten
years;
(3) For promotion to Foreign Service Officer Class I,
the candidate must have served as a Foreign Service Officer Class II,
and rendered continuous service as Foreign Service Officer for at least
eight years;
(4) For promotion to Foreign Service Officer Class
II, the candidate must have served as Foreign Service Officer Class
III, and rendered continuous service as Foreign Service Officer for at
least six years;
(5) For promotion to Foreign Service Officer Class
III, the candidate must have rendered continuous service as a Foreign
Service Officer Class IV for at least two years.
Sec. 41. Promotion of Foreign Service Officers. —
(1) Promotions of Foreign Service Officers from one class to the next
higher class shall be made by the President upon the recommendation of
the Secretary. All promotions shall be to the lowest grade of the
class.
(2) Promotion in grade within the class shall be made
by the Secretary upon the recommendation of the Board of Foreign
Service Administration.
Sec. 42. Promotion of Foreign Service Staff
Officers, Foreign Service Staff Employees and Alien Employees. —
Promotions of foreign service staff officers and employees and alien
employees shall be made by the Secretary, upon recommendation of the
Board of the Foreign Service Administration in accordance with the
promotion system.
CHAPTER
12 — ASSIGNMENTS AND TRANSFERS
Sec. 43. Rotation Plan. — The secretary shall
establish a system of assignments and transfers to ensure that all
qualified officers and employees, except the employees in the
non-career service, shall serve in diplomatic and consular
establishments in different regions of the world. The assignment and
transfer of personnel shall follow a regular rotation plan. For
purposes of assignments, the home office shall be considered a post.
All personnel shall be available for assignment to any post.
Sec. 44. Initial Home Office Requirement. — No
Foreign Service Officer, Staff Officer or Employee shall be assigned to
any foreign service establishment unless he has rendered continuous and
satisfactory service in the home office for at least three (3) years.
Sec. 45. Tour of Duty. — (1) The tour of duty of a
Foreign Service Officer at any post shall be four (4) years commencing
on the date of his arrival at the post, after which he shall be
transferred to another post;
(2) The tour of duty of a Foreign Service Staff
Officer or Employee at any post shall be for a period of six (6) years
commencing on the date of his arrival at the post, after which he shall
be transferred to another post;
(3) No Foreign Service Officer, Staff Officer or
Employee shall serve more than two (2) consecutive tours of duty
abroad;
(4) No Foreign Service Officer may serve more than
four (4) consecutive years in the home office, except when
designated as Secretary or Undersecretary.
Sec. 46. Retirement. — (1) Any Foreign Service
Officer, Staff Officer or Employee who has reached the age of
sixty-five (65) shall be compulsorily retired from the services unless
his service is extended by the President in the interest of the
service. Alien employees shall be allowed to retire from the service at
the same age as that provided for employees of the governments of their
respective countries, provided that retirement age shall not be beyond
sixty-five (65) years.
(2) Foreign Service Officers reinstated to the
service after retirement and who are assigned abroad as ambassadors or
chief of mission, and persons who are appointed as ambassadors without
previously serving as Career Foreign Service Officers shall be
considered automatically separated from the Foreign Service upon
termination of their assignment abroad as ambassadors or chief of
missions.
Sec. 47. Resignation. — The Secretary shall have
authority to accept the resignation of any Foreign Service Officer,
Staff Employee, Honorary Consul and Alien Employee.
CHAPTER
13 — PASSPORT
Sec. 48. Definition. — A Philippine passport is an
official document of identity of Philippine citizenship of the holder
issued for travel purposes.
Sec. 49. Persons Entitled. — Only citizens of the
Philippines may be issued passports. A minor may, upon his own
application, be issued a passport, except when his natural or legal
guardian requests that the application be denied.
Sec. 50. Authority to Issue, Restrict, Withdraw or
Cancel. — The Secretary shall have authority to withhold the issuance
or order the cancellation or restriction of passports upon lawful order
of the court or when he deems it necessary in the interest of national
security, public safety or public health, or in cases when a passport
was secured through misrepresentation or fraud.
Sec. 51. Period of Validity, Extension and
Renewal. — The original period of validity of a Philippine passport is
two (2) years. It may be extended for another two (2) years provided
that the application for extension is made before the expiration of
four (4) years from the date of original issue of the passport.
However, the validity of a passport may be limited for a certain period
or for a definite purpose.
Sec. 52. Supplementary Regulation. — The Secretary
may prescribe supplementary regulations for the issuance, extension or
amendment of all kinds of passports.
Sec. 53. Amendments. — Upon application, an
unexpired passport may be amended to reflect the new civil status or
new name or surname of the holder, or to add more pages, or to modify a
condition or restriction therein.
Sec. 54. Fees. — The Secretary shall prescribe
uniform fees for the issuance, extension and amendment of passports,
and such other services that may be rendered by the Department relating
to passports. However, no fee shall be collected for the issuance of
passports to government officials proceeding abroad in the discharge of
their official duties attested by regular travel orders or for those
issued to immediate members of their families on official travel.
CHAPTER 14 — MISCELLANEOUS
PROVISIONS
Sec. 55. Use of Savings. — The Secretary is
authorized to use any savings in the appropriations for the Department
for the payment of: (a) expenses for the evacuation or repatriation to
the Philippines, when necessary due to an emergency, of members of the
household of the personnel of any diplomatic or consular establishment
as well as the transportation of their personal effects; (b) actual
return passage by the most direct and economical means of
transportation and the cost of shipment of the household effects to
Manila of any officer or employee in the Foreign Service, including the
immediate dependent members of his family, who resigns or is separated
from the service for cause; (c) the cost of preparing and transporting
the remains of an officer or employee who is a citizen of the
Philippines and the immediate members of his family who may die abroad
or while in travel status; or (d) contingent and unforeseen expenses
that may arise in connection with the operation of the Foreign Service.
Sec. 56. Pool of Foreign Service Officers. — In
all appropriation acts providing funds for the operation and
maintenance of the Department, the positions of Foreign Service
Officers, including those who may serve in the home office, shall be in
a pool grouped according to their classes with their salaries and
allowances indicated in one lump sum for each class, leaving to the
head of office the discretion to assign or commission those officers
whenever their services may be utilized to advantage, subject to the
limitations provided by law.
Title
II
FINANCE
CHAPTER 1 — GENERAL PROVISIONS
Section 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.
Sec. 2. Mandate. — The Department shall be
responsible for the formulation, institutionalization and
administration of fiscal policies in coordination with other concerned
subdivisions, agencies and instrumentalities of government.
Moreover, the Department shall be responsible for the generation and
management of the financial resources of the government, ensuring that
said resources are generated and managed judiciously and in a manner
supportive of development objectives.
The Department shall be responsible for the supervision of the revenue
operations of all local government units, with the objective of making
these entities less dependent on funding from the national government.
Finally, the Department shall be responsible for the review, approval
and management of all public sector debt, whether foreign or domestic,
with the end in view of ensuring that all borrowed funds are
effectively utilized and all such obligations are promptly serviced by
the government.
Sec. 3. Powers and Functions. — To accomplish its
goals, the Department shall:
(1)
Formulate long-range, medium-term and annual
plans covering the government’s resources mobilization efforts, in
coordination with other concerned government agencies, and involving
all public sector resources whether generated by revenues and
operations, foreign and domestic borrowing, sale or privatization of
corporations or assets, or from other sources, and supervise the
implementation of such plans;
(2) Formulate,
institutionalize and administer fiscal
and tax policies;
(3) Supervise,
direct and control the collection of
government revenues;
(4) Act as
custodian and manage all financial
resources of the national government;
(5) Undertake
and supervise activities related to the
negotiation, servicing and restructuring of domestic and foreign debt
incurred or guaranteed by the government and its instrumentalities,
including taking part in activities which affect the country’s capacity
to service foreign debt;
(6) Review and
coordinate the policies, plans and
programs of government financial institutions and, thereafter,
recommend to them courses of action consistent with national government
fiscal policies, plans and programs;
(7) Ensure the
implementation of necessary policies
and measures on local revenue administration;
(8) Coordinate
with other government agencies on
matters concerning fiscal and monetary policies, credit, economic
development, international finance, trade and investment; and
(9) Perform
such other powers and functions as may be
provided by law.
Sec. 4. Organizational Structure. — The Department
shall consist of the Department proper comprising the Office of the
Secretary, the Offices of the Undersecretary and Assistant Secretaries,
the Economic Intelligence and Investigation Bureau, the Service, the
Operations Groups and their constituent units, and the Regional
Offices.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 5. Office of the Secretary. — The Office of
the Secretary shall consist of the Secretary, his Undersecretary and
their immediate staffs.
Sec. 6. Undersecretaries. — The Secretary shall be
assisted by five (5) Undersecretaries appointed by the President upon
the recommendation of the Secretary, each of whom shall head,
respectively, the Policy Development and Management Services Group
mentioned in Sec. 8 hereof and the four (4) Operations Groups
mentioned in Sec. 9 hereof.
Sec. 7. Assistant Secretaries. — The Secretary
shall also be assisted by five (5) Assistant Secretaries appointed by
the President upon the recommendation of the Secretary. The respective
assignments of the Assistant Secretaries and the reporting procedures
to be followed by them shall be determined by the Secretary.
CHAPTER
3 — DEPARTMENT SERVICES
Sec. 8. Policy Development and Management Services
Group. — The Policy Development and Management Services Group, which
shall be headed by an Undersecretary, shall consist of the following:
(1)
Planning and Policy Research Office;
(2) Central
Management Information Office;
(3) Central
Administration Office;
(4) Central
Financial Management Office;
(5) Public
Information and Assistance Office;
(6) Legal
Office; and
(7) Regional
Coordination Office.
Sec. 9. Planning and Policy Research Office. — The
Planning and Policy Research Office shall have the following functions:
(1)
Formulate long-range and annual projections of
revenue needs, cash position and borrowing capacity of the Government
as basis for policy decisions of the department;
(2) Supervise
policy research and development on
fiscal and tax measures undertaken by the operating bureaus and offices
of the department;
(3) Coordinate
with other government agencies on
policy research and its impact on fiscal and tax measures; and
(4) Perform
such other functions as may be assigned
by the Secretary or his undersecretaries.
Sec. 10. Central Management Information Office. —
The Central Management Information Office shall have the following
functions:
(1)
Establish a Management Information System and
sub-systems for monitoring and evaluation of department-wide programs
and projects, including those that are executed by operating Bureaus
and Offices;
(2) Formulate
policies, plans and procedures for data
control and systems management;
(3) Act as the
central repository of existing and
future computer files; and
(4) Perform
such other appropriate functions as may
be assigned by the Secretary or his undersecretaries.
Sec. 11. Central Administration Office. — The
Central Administration Office shall have the following functions:
(1)
Supervise Department-wide services relating to
internal cash management, personnel administration, property and
supplies procurement, and custody; and maintenance of central files,
and corresponding reporting systems;
(2) Assist in
the formulation of policies and
guidelines on the management of human and physical resources and
general housekeeping activities for uniformity and standardization;
(3) Serve as a
center for the establishment and
periodic evaluation of management operation systems, internal control
and work outputs to determine Department-wide performance efficiency;
(4) Design and
develop training policies and
guidelines, administer and evaluate training programs and in
coordination with external training institutions, screen and recommend
to the Secretary the participation of Department personnel in training
programs, seminars and conferences in the country or abroad;
(5) Ensure
that Department-wide activities and
efforts are focused towards a central direction as embodied in the
national socio-economic development plans; and
(6) Perform
such other appropriate functions as may
be assigned by the Department or his Undersecretaries.
Sec. 12. Central Financial Management Office. —
The Central Financial Management Office shall have the following
functions:
(1)
Supervise Department-wide activities relating to
budget preparation and management, department accounting, and internal
audit;
(2) Perform
such other appropriate functions as may
be assigned by the Department or his Secretary or his Undersecretaries.
Sec. 13. Public Information and Assistance Office.
— The Public Information and Assistance Office shall have the following
functions:
(1)
Provide policy direction and guidance to the
operating Bureaus and Offices of the Department for the proper
dissemination of appropriate information or Department- wide programs,
operations and activities;
(2) Provide
the operating Bureaus and Offices with
the general framework for rendering direct assistance to the general
public;
(3) Receive
complaints and grievances from the
general public; prepare referrals to concerned Bureaus and Offices and
monitor responses or actions taken; and
(4) Perform
such other appropriate functions as may
be assigned by the Secretary or Undersecretary for Policy Development
and Management Service.
Sec. 14. Legal Office. — The Legal Office shall
have the following functions:
(1)
Prepare draft opinions or rulings for the
signature of the Department Secretary or his Undersecretaries on
matters elevated to it by the Bureaus and Offices of the Department;
(2) Conduct
legal researches on all matters referred
to it by the Secretary or his Undersecretaries; and
(3) Perform
such other appropriate functions as may
be assigned by the Secretary or his Undersecretaries.
Sec. 15. Regional Coordination Office. — The
function of the Regional Coordination Office is to coordinate the
operations of the Regional Offices.
CHAPTER
4 — BUREAUS
Sec. 16. Operations Groups. — The Operation
Groups, each of which shall be headed by an Undersecretary, shall
consist of the following:
(1)
Revenue Operations Group, composed of the
following:
(a)
Bureau of Internal Revenue;
(b) Bureau of
Customs;
(c) Revenue
Service;
(d) Legal
Service;
(2)
Domestic Operations Group, composed of the
following:
(a)
Bureau of Treasury;
(b) Bureau of
Local Government Finance;
(c) Financial
and Fiscal Policy and Planning Office;
(3)
International Finance Group, composed of the
following:
(a)
International Finance Policy Office;
(b)
International Finance Operations Office.
Sec. 17. Economic Intelligence and Investigation
Bureau. — The Economic Intelligence and Investigation Bureau, which
shall be headed by and subject to the supervision and control of the
Commissioner, who shall in turn be appointed by the President upon the
recommendation of the Secretary, shall have the following functions:
(1)
Receive, gather and evaluate intelligence reports
and information and evidence on the nature, modes and extent of illegal
activities affecting the national economy, such as, but not limited to,
economic sabotage, smuggling, tax evasion, and dollar-salting, to
investigate the same and aid in the prosecution of cases;
(2) Coordinate
with external domestic or foreign
agencies in monitoring the financial and economic activities of persons
or entities, which may adversely affect national financial interest
with the goal of regulating, controlling or preventing said activities;
(3) Provide
all intelligence units of operating
Bureaus or Offices under the Department with the general framework and
guidelines for the proper conduct of intelligence and investigation
work;
(4) Supervise,
monitor and coordinate all the
intelligence and investigation operations of the operating Bureaus and
Offices under the Department;
(5)
Investigate, hear and file, upon clearance by the
Secretary, anti-graft and corruption cases against personnel of the
Department and its constituent units; and
(6) Perform
such other appropriate functions as may
be assigned by the Secretary or his Undersecretaries.
Sec. 18. The Bureau of Internal Revenue.* — The
Bureau of Internal Revenue, which shall be headed by and subject to the
supervision and control of the Commissioner of Internal Revenue who
shall be appointed by the President upon the recommendation of the
Secretary shall have the following functions:
(1)
Assess and collect all taxes, fees and charges
and account for all revenues collected;
(2) Exercise
duly delegated police powers for the
proper performance of its functions and duties;
(3) Prevent
and prosecute tax evasions and all other
illegal economic activities;
(4) Exercise
supervision and control over its
constituent and subordinate units; and
(5) Perform
such other functions as may be provided
by law.
The Commissioner of Internal Revenue, with the approval of the
Secretary of Finance, shall draft and prepare the necessary rules and
regulation as may be needed to delineate the authority and
responsibility of the various groups and services of the Bureau.
Sec. 19. Deputy Commissioners. — The Commissioner
shall be assisted by two (2) Deputy Commissioners. Each Deputy
Commissioner shall supervise one (1) of the groups defined in Sec. 20
below, to be assigned by the Commissioner.
Sec. 20. Composition of the Bureau of Internal
Revenue. — The Bureau of Internal Revenue shall be composed of the
following:
(1)
Assessment and Collection Group, headed and
supervised by a Deputy Commissioner and composed of the following
services, each of which shall be headed by a Revenue Chief;
(2) Legal and
Internal Administration Group, headed
and supervised by a Deputy Commissioner and composed of the following
services, each of which shall be headed by a Service Chief.
Sec. 21. Appointment by the President. — The
aforementioned Undersecretaries shall be appointed by the President
upon recommendation of the Secretary.
Sec. 22. Management and Technical Staff . — The
Commissioner and the two (2) Deputy Commissioners shall each have a
Management and Technical Staff to render technical and secretarial
support services.
Sec. 23. Bureau of Customs. — The Bureau of
Customs which shall be headed and subject to the management and control
of the Commissioner of Customs, who shall be appointed by the President
upon the recommendation of the Secretary and hereinafter referred to as
Commissioner, shall have the following functions:
(1)
Collect customs duties, taxes and the
corresponding fees, charges and penalties;
(2) Account
for all customs revenues collected;
(3) Exercise
police authority for the enforcement of
tariff and customs laws;
(4) Prevent
and suppress smuggling, pilferage and all
other economic frauds within all ports of entry;
(5) Supervise
and control exports, imports, foreign
mails, and the clearance of vessels and aircrafts in all ports of
entry;
(6) Administer
all legal requirements that are
appropriate ;
(7) Prevent
and prosecute smuggling and other illegal
activities in all ports under its jurisdiction;
(8) Exercise
supervision and control over its
constituent units;
(9) Perform
such other functions as may be provided
by law.
Sec. 24. Composition. — The Bureau of Customs
shall be composed of the following:
(1)
Customs Revenue Collection Monitoring Group,
headed and supervised by a Deputy Commissioner and composed of Legal,
Financial and Collection Services, each of which shall be headed by a
service chief;
(2) Customs
Assessment and Operations Coordinating
Group, headed and supervised by a Deputy Commissioner and composed of
the Imports and Assessment and Ports Operations Services, each of which
shall be headed by a Service Chief; and
(3)
Intelligence and Enforcement Group, headed and
supervised by a Deputy Commissioner and composed of the Intelligence
and Investigation Service and the Enforcement and Security Service.
Sec. 25. Appointment by President. — The
aforementioned Deputy and Assistant Commissioners shall be appointed by
the President upon the recommendation of the Commissioner of Customs in
keeping with the intent of Executive Order No. 9.
Sec. 26. Definition of Functions. — (1) Customs
Revenue Collection Monitoring Group. The Customs Revenue Collection
Monitoring Group shall have the following functions:
(a)
Maintain an updated accounting for all Customs
revenues collected;
(b) Administer
legal requirements of the Bureau of
Customs to include litigation and prosecution of cases;
(c) Provide
the Commissioner of Customs with accurate
and timely information and analysis of collection statistics;
(d) Conduct
continuing audit of liquidated entries
and outstanding bonds; and
(e) Perform
such other appropriate functions
consistent with the assigned tasks of the group and others which may be
given by the Commissioner;
(2) Customs Assessment and Operations Coordinating
Group. The Customs Assessment and Operations Coordinating Group shall
have the following functions:
(a)
Regularly gather and upon approval of the
Commissioner, publish values of commodities imported into the
Philippines, such values being the bases for the computation of customs
duties and other revenues;
(b) Monitor
for decision-making purposes the
implementation of rules and regulations governing assessment,
warehousing and support operations;
(c) Monitor
auction and disposal activities together
with port/airport operations related activities for decision-making
purposes; and
(d) Perform
other appropriate functions consistent
with the assigned tasks of the Group which may be given by the
Commissioner.
(3) Intelligence and Enforcement Group. The
Intelligence and Enforcement Group shall have the following functions:
(a)
Regularly and consistently gather intelligence
information related to customs and economic activities for proper
dissemination to the Customs offices concerned;
(b) Conduct
internal inquiry and investigation which
may serve as the basis for prosecution;
(c) Exercise
police authority conferred by the Tariff
and Customs Code or other laws which include the enforcement of
seizures and forfeitures and the imposition of penalties and fines; and
(d) Perform
such other appropriate functions
consistent with the assigned tasks of the Group and others which may be
given by the Commissioner.
Sec. 27. The Collection Districts. — (1) The
Bureau shall have thirteen (13) Collection Districts under the direct
control and supervision of the Commissioner. Each Collection District
shall have as many subports as necessary to maximize revenue collection
and the prevention of smuggling and fraud against customs. Each
Collection District shall be headed and supervised by a District
Collector while each subport will be headed by a Port Collector. The
Collectors shall have the following functions:
(a)
Collect duties, taxes, fees, charges, penalties
and fines accruing to the Government under the Tariff and Customs Code
and related laws;
(b) Exercise
police powers conferred to him/her by
the Tariff and Customs Code or other laws which include the enforcement
of penalties and fines;
(c) Examine
goods, assess duties, fees, charges,
penalties and fines accruing to the Government under the Tariff and
Customs Code and other related laws;
(d) Supervise
the entrance and clearance of vessels
and aircrafts engaged in foreign commerce;
(e) Supervise
and control handling of foreign mails
arriving in the Philippines; and
(f) Supervise
all import and export cargoes landed
and/or stored in piers, airports, terminal facilities, yards and
freight stations;
(2) Perform such other appropriate functions
consistent with the assigned task of the District/Port Collectors and
those which may be given by the Commissioner.
Sec. 28. Management and Technical Staff . — The
Commissioner and three (3) Deputy Commissioners, and the Assistant
Commissioner shall each have a Management and Technical Staff, which
shall be limited to a specific number of personnel as determined by the
Secretary, to render technical and secretarial support services.
Sec. 29. Bureau of Treasury. — The Bureau of
Treasury, which shall be headed by and subject to the supervision and
control of the National Treasurer who shall be appointed by the
President upon the recommendation of the Secretary, shall have the
following functions:
(1)
Act as the principal custodian of all national
government funds;
(2) Assist in
the formulation of, and execute,
policies on financial management, public borrowings and capital market
development;
(3) Formulate,
in coordination with government
agencies concerned, annual projections of revenue needs, cash position
and borrowing capacity of the government;
(4) Maintain
accounts of the financial transactions
of all national secretaries, bureaus, agencies and instrumentalities;
(5) Manage the
cash resources of the Government and
perform banking functions in relation to receipts and disbursements of
national funds;
(6) Manage,
control and service public debts from
domestic or foreign sources;
(7) Exercise
line supervision over its Regional
Offices/field units within Department Regional Administrative
Coordination Offices; and
(8) Perform
such other appropriate functions as may
be assigned by the Secretary or Undersecretary for Domestic Operations.
Sec. 30. Composition. — The Bureau of Treasury
shall be composed of the following:
(1)
Internal Affairs Sub-Sector under the direct
supervision and control of an Assistant National Treasurer and composed
of the following:
(a)
Administrative Service;
(b) Financial
and Management Service;
(c) Management
Information and Data Systems Service;
(d) Planning
and Policy Research Division;
(e) Public
Information and Assistance Division; and
(f) Legal
Division.
(2) National
Government Affairs Sub-Sector under the
direct supervision and control of an Assistant National Treasurer and
composed of the following:
(a)
Public Debt Management Service;
(b) Debt
Clearing Service;
(c) National
Cash Accounts Service;
(d) Treasury
Banking Service;
(e) Operations
Planning Service;
(f) Regional
Offices which shall have under their
supervision all provincial offices and shall be under the direct
control and supervision of the National Treasurer.
Sec. 31. Assistance to National Treasurer. — The
National Treasurer shall be directly assisted by the:
(1)
Management and Technical Staff, which shall
perform the functions of rendering technical and secretarial support
services;
(2)
Intelligence and Investigation Office, which
shall perform the following functions:
(a)
Monitor, gather and evaluate reports on financial
and economic activities of persons or entities, foreign and domestic,
which may adversely affect national financial interests;
(b) Perform
such other appropriate functions as may
be assigned by the National Treasurer.
Sec. 32. Appointment by the President. — The
aforementioned two (2) Assistant National Treasurers shall be appointed
by the President upon the recommendation of the Secretary.
Sec. 33. Bureau of Local Government Finance. — The
Bureau of Local Government Finance, which shall be headed by and
subject to the supervision and control of an Executive Director who
shall be appointed by the President and upon the recommendation of the
Secretary, shall have the following functions:
(1)
Assist in the formulation and implementation of
policies on local government revenue administration and fund management;
(2) Exercise
administrative and technical supervision
and coordination over the treasury and assessment operations of local
governments;
(3) Develop
and promote plans and programs for the
improvement of resource management systems, collection enforcement
mechanisms, and credit utilization schemes at the local levels;
(4) Provide
consultative services and technical
assistance to the local governments and the general public on local
taxation, real property assessment and other related matters;
(5) Exercise
line supervision over its Regional
Offices/field units within the Department Regional Administrative
Coordination Office and the Local Treasury and Assessment Services; and
(6) Perform
such other appropriate functions as may
be assigned by the Secretary or Undersecretary for Domestic Operations.
Sec. 34. Composition. — The Bureau of Local
Government Finance shall be composed of the following:
(1)
Internal Administration Office;
(2) Policy
Enforcement and Special Projects Group;
(3) Field
Operations Examination Group
Sec. 35. Assistance to the Executive Director. —
The Executive Director shall be directly assisted by the:
(1)
Management and Technical Staff, which shall
perform the functions of rendering technical and secretarial support
services;
(2)
Intelligence and Investigation Office, which
shall perform the following functions:
(a)
Monitor, gather and evaluate reports on financial
and economic activities of persons or entities, foreign and domestic,
which may adversely affect national financial interests;
(b) Perform
such other appropriate functions as may
be assigned by the Director.
Sec. 36. Financial and Fiscal Policy Planning. —
The Financial and Fiscal Policy and Planning Office, which shall be
headed by a Director who shall be appointed by the President upon the
recommendation of the Secretary, shall have the following functions:
(1)
Coordinate, in consultation with the appropriate
government agencies, the formulation of integrated financial and fiscal
plans of the national Government and the local government, consistent
with the national development plan;
(2) Monitor
and review the implementation of such
financial and fiscal plans in relation to recent developments in the
economy;
(3) Coordinate
with other government agencies
involved in financial, fiscal and economic planning and policy
formulation;
(4) Undertake
special studies and research projects
on financial and fiscal policies;
(5) Coordinate
the formulation and assessment of
Department policies affecting domestic finance operations with the
different bureaus and offices of the Department; and
(6) Perform
such other appropriate functions as may
be assigned by the Secretary, the Undersecretary for Domestic
Operations or the Assistant Secretary directly assisting the
Undersecretary for Domestic Operations.
Sec. 37. International Finance Policy Office. —
The International Finance Policy Office, headed by a Director who shall
be appointed by the President upon recommendation of the Secretary,
shall have the following functions:
(1)
Monitor and analyze international monetary,
financial and trade developments and their implications for the
Philippine economy and evolve proposals for appropriate response to
said events;
(2) Provide
inputs into the formulation of fiscal,
monetary, financial, foreign trade and exchange rate policies as well
as budgetary and balance of payments programming in line with domestic
economic goals and the external financial and trade environment;
(3) Formulate
and monitor a foreign financing program
on the basis of domestic requirements and trends in development
assistance and other capital flows;
(4) Interact
with multilateral, regional and other
international organizations and formulate in coordination with
appropriate agencies Philippine positions on institutional and policy
issues taken up in these bodies;
(5) Coordinate
with other appropriate secretaries and
government agencies in areas concerning international finance and
foreign trade; and
(6) Perform
such other appropriate functions as may
be assigned by the Secretary or Undersecretary for International
Finance.
Sec. 38. International Finance Operations Office.
— The International Finance Operations Office, headed by a Director,
shall have the following functions:
(1)
Assist in the formulation of policies and
guidelines for foreign borrowings including provision of government
guarantees, and monitor compliance with these policies;
(2) Provide
support work for international financial
negotiations and participate in such negotiations with multilateral
financial institutions, bilateral creditors and donors and commercial
creditors. This includes negotiations for new assistance (grants and
loans) as well as for debt rescheduling;
(3) Monitor
implementation of projects funded by
foreign assistance and credits, utilization of such external resources
and compliance with commitments as well as debt repayment obligations;
(4) Assist in
the structuring and conduct of
international conferences and meetings of the Department’s officers
(the term “officer” as used in this Executive Order is intended to be
within the meaning of the term “official” as used in the Freedom
Constitution) with foreign dignitaries or organizations; and
(5) Perform
such other appropriate functions as may
be assigned by the Secretary or Undersecretary for International
Finance.
Sec. 39. Administrative Staff . — The
Undersecretary for International Finance shall be directly assisted by
a Finance Attache Division and Administrative Staff.
CHAPTER
5 — REGIONAL OFFICES
Sec. 40. Regional Offices. — There shall be a
Regional Office in each region. Each Regional Office shall be headed by
a Regional Director.
A Regional Office shall have, within its administrative region, the
following functions:
(1)
Implement laws, rules and regulations, policies,
plans, programs and projects of the Department;
(2) Provide
efficient and effective services to the
people;
(3) Coordinate
with regional offices of other
departments, offices and agencies in the region;
(4) Coordinate
with local government units; and
(5) Perform
such other functions as may be provided
by law.
Sec. 41. DOF-RACO. — For purposes of achieving
maximum utilization of resources, management coordination and
administrative integration at the regional levels, there is hereby
created a Department of Finance Regional Administrative Coordination
Office (DOF-RACO) in each of the administrative regions of the country,
to be headed by a Regional Executive Director who shall report directly
to the Undersecretary for Internal Administration. The Secretary shall
define the appropriate functions to be delegated to the DOF-RACO.
The Regional Offices of each operating Bureau under the Department,
however, shall remain under the technical supervision and control of
the head of the Bureau to which they belong. For monitoring purposes,
however, each Regional Office shall submit operational reports to the
DOF-RACO as required.
CHAPTER
6 — ATTACHED AGENCIES
Sec. 42. Attached Agencies. — The following
agencies are hereby attached to the Department:
(1)
Philippine Crop Insurance Corporation;
(2) Philippine
Export and Foreign Loan Guarantee
Corporation;
(3) Insurance
Commission;
(4) National
Tax Research Center;
(5) Central
Board of Assessment Appeals; and
(6) Fiscal
Incentives Review Board.
Sec. 43. Functions of the Attached Agencies. — The
agencies attached to the Department shall continue to operate and
function in accordance with the respective charters, laws, or orders
creating them, except as otherwise provided in this Code.
Title
III
JUSTICE
CHAPTER 1 — GENERAL PROVISIONS
Section 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.
Sec. 2. Mandate. — The Department shall carry out
the policy declared in the preceding section.
Sec. 3. Powers and Functions. — To accomplish its
mandate, the Department shall have the following powers and functions:
(1)
Act as principal law agency of the government and
as legal counsel and representative thereof, whenever so required;
(2)
Investigate the commission of crimes, prosecute
offenders and administer the probation and correction system;
(3) Extend
free legal assistance/representation to
indigents and poor litigants in criminal cases and non-commercial civil
disputes;
(4) Preserve
the integrity of land titles through
proper registration;
(5)
Investigate and arbitrate untitled land disputes
involving small landowners and members of indigenous cultural
communities;
(6) Provide
immigration and naturalization regulatory
services and implement the laws governing citizenship and the admission
and stay of aliens;
(7) Provide
legal services to the national government
and its functionaries, including government-owned or controlled
corporations and their subsidiaries; and
(8) Perform
such other functions as may be provided
by law.
Sec. 4. Organizational Structure. — The Department
shall consist of the following constituent units:
(1)
Department proper;
(2) Office of
the Government Corporate Counsel;
(3) National
Bureau of Investigation;
(4) Public
Attorney’s Office;
(5) Board of
Pardons and Parole;
(6) Parole and
Probation Administration;
(7) Bureau of
Corrections;
(8) Land
Registration Authority;
(9) Commission
on the Settlement of Land Problems.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 5. The Department Proper. — The Department
Proper shall be composed of the Office of the Secretary and the
Undersecretaries, Technical and Administrative Service, Financial
Management Service, Legal Staff and the Office of the Chief State
Prosecutor.
Sec. 6. Undersecretaries. — The Secretary shall be
assisted by three (3) Undersecretaries. The Secretary is hereby
authorized to delineate and assign the respective functional areas of
responsibility of the Undersecretaries, provided, that such
responsibility shall be with respect to the mandate and objectives of
the Department; and provided, further, that no Undersecretary shall be
assigned primarily administrative responsibilities. Within his
functional area of responsibility, an Undersecretary shall have the
following functions:
(1)
Advise and assist the Secretary in the
formulation and implementation of the Department’s policies, plans,
programs and projects;
(2) Oversee
the operational activities of the
Department;
(3) Coordinate
the programs and projects of the
Department for efficient and effective administration;
(4) Serve as
deputy for the Secretary;
(5) Perform,
when so designated, the powers and
functions of the Secretary, during the latter’s absence or incapacity;
and
(6) Perform
such other functions as may be provided
by law or assigned by the Secretary to promote efficiency and
effectiveness in the delivery of frontline services.
Sec. 7. Legal Staff . — The Legal Staff shall have
the following functions:
(1)
Assist the Secretary in the performance of his
duties as Attorney General of the Philippines and as ex-officio legal
adviser of government-owned or controlled corporations or enterprises
and their subsidiaries;
(2) Prepare
and finally act for and in behalf of the
Secretary on all queries and/or requests for legal advice or guidance
coming from private parties and minor officials and employees of the
government;
(3) Maintain
and supervise the operation of the
Department Law Library as well as its personnel; and
(4) Perform
such other functions as are now or may
hereafter be provided by law or assigned by the Secretary.
Sec. 8. Office of the Chief State Prosecutor. —
The Office of the Chief State Prosecutor shall have the following
functions:
(1)
Assist the Secretary in the performance of powers
and functions of the Department relative to its role as the prosecution
arm of the government;
(2) Implement
the provisions of laws, executive
orders and rules, and carry out the policies, plans, programs and
projects of the Department relative to the investigation and
prosecution of criminal cases;
(3) Assist the
Secretary in exercising supervision
and control over the National Prosecution Service as constituted under
P. D. No. 1275 and/or otherwise hereinafter provided; and
(4) Perform
such other functions as may be provided
by law or assigned by the Secretary.
Sec. 9. Provincial/City Prosecution Offices. — The
Provincial and City Fiscal’s Office established in each of the
provinces and cities pursuant to law, is retained and renamed
Provincial/City Prosecution Office. It shall be headed by a Provincial
Prosecutor or City Prosecutor, as the case may be, assisted by such
number of Assistant Provincial/City Prosecutors as fixed and/or
authorized by law. The position titles of Provincial and City Fiscal
and of Assistant Provincial and City Fiscal are hereby abolished.
All provincial/city prosecution offices shall continue to discharge
their functions under existing law.
All provincial and city prosecutors and their assistants shall be
appointed by the President upon the recommendation of the Secretary.
CHAPTER
3 — OFFICE OF THE GOVERNMENT CORPORATE COUNSEL
Sec. 10. Office of the Government Corporate
Counsel. — The Office of the Government Corporate Counsel (OGCC) shall
act as the principal law office of all government-owned or controlled
corporations, their subsidiaries, other corporate off-springs and
government acquired asset corporations and shall exercise control and
supervision over all legal departments or divisions maintained
separately and such powers and functions as are now or may hereafter be
provided by law. In the exercise of such control and supervision, the
Government Corporate Counsel shall promulgate rules and regulations to
effectively implement the objectives of the Office.
The OGCC is authorized to receive the attorney’s fees adjudged in favor
of their client government-owned or controlled corporations, their
subsidiaries/other corporate offsprings and government acquired asset
corporations. These attorney’s fees shall accrue to a special fund of
the OGCC, and shall be deposited in an authorized government depository
as a trust liability and shall be made available for expenditure
without the need for a Cash Disbursement Ceiling, for purposes of
upgrading facilities and equipment, granting of employees’ incentive
pay and other benefits, and defraying such other incentive expenses not
provided for in the General Appropriations Act as may be determined by
the Government Corporate Counsel.
CHAPTER
4 — NATIONAL BUREAU OF INVESTIGATION
Sec. 11. National Bureau of Investigation. — The
National Bureau of Investigation (NBI) with all its duly authorized
constituent units including its regional and district offices and
rehabilitation center, shall continue to perform the powers and
functions as are now vested in it under the existing law and such
additional functions as may hereafter be provided by law.
Sec. 12. The NBI Director and Other Officials. —
The NBI shall be headed by a Director assisted by an Assistant Director
and five (5) Deputy Directors, for Intelligence, Investigation,
Technical, Administrative and Comptroller Services, respectively.
The NBI is also authorized to continue the operation and maintenance of
a Regional Office in each of the twelve (12) administrative regions of
the country, to be headed by a Regional Director and assisted by an
Assistant Regional Director.
Sec. 13. Internal Organization and Assignment of
Personnel. — Subject to prior approval of the Secretary and to the
limitations prescribed in the General Appropriations Act for personnel
services expenditures in the NBI, the NBI director may be authorized to
determine the internal organization of the constituent units of the
Bureau including the composition and size thereof and the number,
classes and level of positions (below the rank of presidential
appointees) to be assigned or allocated thereto.
CHAPTER
5 — PUBLIC ATTORNEY’S OFFICE
Sec. 14. Public Attorney’s Office (PAO). — The
Citizen’s Legal Assistance Office (CLAO) is renamed Public Attorney’s
Office (PAO). It shall exercise the powers and functions as are now
provided by law for the Citizen’s Legal Assistance Office or may
hereafter be provided by law.
Sec. 15. Organizational Structure. — The PAO shall
consist of the following constituent units:
(1)
Office of the Chief Public Attorney and two (2)
Deputy Chief Public Attorneys;
(2) Five (5)
line divisions in the Central Office,
namely: Administrative, Financial and Management, Special and Appealed
Cases, Legal Research and Statistics, and Field Services Divisions; and
(3) Regional
and Provincial/District Offices.
Sec. 16. The Chief Public Attorney and Other PAO
Officials. — The PAO shall be headed by a Chief Public Attorney and
shall be assisted by two (2) Deputy Chief Public Attorneys. Each PAO
Regional Office established in each of the administrative regions of
the country shall be headed by a Regional Public Attorney who shall be
assisted by an Assistant Regional Public Attorney.
The Chief Public Attorney, Deputy Chief Public Attorneys, Regional
Public Attorneys and Assistant Regional Public Attorneys shall be
appointed by the President upon the recommendation of the Secretary.
CHAPTER
6 — BOARD OF PARDONS AND PAROLE
Sec. 17. Board of Pardons and Parole. — The Board
of Pardons and Parole shall continue to discharge the powers and
functions as provided in existing law and such additional functions as
may be provided by law.
Sec. 18. Board Composition. — The Board shall be
composed of the Secretary as Chairman and six (6) members consisting
of: The Administrator of the Parole and Probation Administration
as ex-officio member, a sociologist, a clergyman, an educator, a person
with training and experience in correction work, and a member of the
Philippine Bar; Provided, that one of them is a woman. The members of
the Board shall be appointed by the President upon the recommendation
of the Secretary and shall hold office for a term of six (6) years,
without prejudice to reappointment.
In case of vacancy by reason of death, incapacity, resignation or
removal of any of the Board members, the Secretary shall have the
authority to designate a temporary member possessing the qualifications
of his predecessor and to serve out his unexpired term or until the
President shall have appointed a regular member to fill the vacancy.
Sec. 19. Executive Director and Board Secretary;
Support Staff . — In the performance of his duties as Chairman of the
Board of Pardons and Parole, the Secretary shall be assisted by a staff
headed by the Executive Director who is at the same time the Secretary
of the Board. The Executive Director shall be appointed by the
President upon the recommendation of the Secretary. The Executive
Director shall receive a monthly salary of thirteen thousand five
hundred pesos.
The Board Secretary shall prepare and keep the minutes of all the board
sessions in a book of records kept for the purpose, as well as all the
resolutions and recommendations of the Board on all actions involving
parole, pardons and executive clemency to the President; authenticate
and/or attest all minutes, resolutions and recommendations of the
Board; prepare and serve all notices of board meetings or sessions to
the members of the Board; prepare an annual report of all resolutions
and recommendations for parole or executive clemency and other reports
that the Department may require. He shall also perform such other
functions as the Board may from time to time assign to him.
Sec. 20. Board Meetings. — The Board shall meet
regularly every week, or as the Board may direct, or upon call by the
Chairman/Secretary. The members shall act only as a Board, and every
decision of the majority shall be valid as an act of the Board,
provided, that the Board may direct a Board member to prepare and
submit a report involving any application for parole, pardon or any
request for executive clemency for appropriate action by the Board.
Sec. 21. Board Rules and Regulations. — The Board
is hereby authorized to establish and prescribe, subject to the
approval of the Secretary, rules and regulations to govern the
proceedings of the Board.
Sec. 22. Indeterminate Sentence Law. — The
provisions of Act No. 4103, otherwise known as the Indeterminate
Sentence Law, as amended, shall continue to apply except as otherwise
amended, modified or repealed by this Code.
CHAPTER
7 — PAROLE AND PROBATION ADMINISTRATION
Sec. 23. Parole and Probation Administration. —
The Parole and Probation Administration hereinafter referred to as the
Administration shall have the following functions:
(1)
Administer the parole and probation system;
(2) Exercise
general supervision over all parolees
and probationers;
(3) Promote
the correction and rehabilitation of
offenders; and
(4) Such other
functions as may hereafter be provided
by law.
Sec. 24. Structural and Personnel Organization. —
(1)
The Administration shall be headed by an
Administrator who shall be immediately assisted by a Deputy
Administrator. The Administrator and Deputy Administrator shall be
appointed by the President upon the recommendation of the Secretary.
The appointees to the positions
of Administrator and Deputy
Administrator must be holders of a doctoral/masteral degree in public
administration and/or lawyers with at least one year of supervisory
experience in probation work.
(2) The
Administration shall have a Technical Service
under the Office of the Administrator which shall serve as the service
arm of the Board of Pardons and Parole in the supervision of parolees
and pardonees.
The Board and the Administration
shall jointly determine the staff
complement of the Technical Service.
(3) The
Administration shall likewise continue to
operate and maintain a Regional Office in each of the administrative
regions including the National Capital Region and also a probation and
parole office in every province and city of the country.
The Regional, Provincial and
City Offices of the Administration shall
each be headed by a Regional Probation and Parole Officer,
Provincial/City Probation and Parole Officer, respectively, all of whom
shall be appointed by the Secretary upon the recommendation of the
Administrator.
The Provincial or City Probation
and Parole Officer shall be assisted
by such field assistants and subordinate personnel as may be necessary
to enable them to carry out their duties and functions. For this
purpose, the Administrator may appoint citizens of good repute and
probity to act as Probation and Parole Aides who shall not receive any
regular compensation for their services except reasonable travel
allowance.
Sec. 25. Applicability of P.D. No. 968, as
amended. — The Provisions of P.D. 968 otherwise known as the Probation
Law of 1976 shall continue to govern the operation and management of
the Administration including the enumeration of functions and
qualifications for appointment of the Administrator, Deputy
Administrators, Regional, Provincial and City Probation Officers and
their assistants and other subordinate personnel not inconsistent with
this title.
CHAPTER
8 — BUREAU OF CORRECTIONS
Sec. 26. Bureau of Corrections. — The Bureau of
Corrections shall have its principal task the rehabilitation of
prisoners. The Bureau of Corrections shall exercise such powers and
functions as are now provided for the Bureau of Prisons or may
hereafter be provided by law.
Sec. 27. Structural and Personnel Organization. —
The Bureau of Corrections shall be headed by a Director who shall be
assisted by two (2) Assistant Directors, one for Administration and
Rehabilitation and one for Prisons and Security. The Director and
Assistant Directors of the Bureau shall be appointed by the President
upon recommendation of the Secretary.
The Bureau shall carry out its functions through its divisions and its
seven (7) Penal institutions namely — New Bilibid Prisons, Correctional
Institution for Women, Iwahig, Davao, San Ramon and Sablayan Prisons
and Penal Farms and the Leyte Regional Prisons.
CHAPTER
9 — LAND REGISTRATION AUTHORITY
Sec. 28. The Land Registration Authority. — The
Land Registration Authority, hereinafter referred to as the Authority
shall continue to exercise its powers and functions under existing law
on the Land Titles and Deeds Registration Authority and those which may
hereafter be provided by law.
Sec. 29. Organizational Structure. — The Authority
shall be headed by an Administrator who shall be assisted by two (2)
Deputy Administrators, all of whom shall be appointed by the President
upon the recommendation of the Secretary.
Sec. 30. Reorganization of Registry Offices in the
National Capital Region. — The Registries of Deeds in the National
Capital Region is hereby reorganized as follows:
(1)
The Registries of Deeds in the cities of Manila,
Quezon, Pasay and Caloocan shall be maintained;
(2) There is
hereby created Registries of Deeds in
the Municipalities of Navotas, Malabon, Valenzuela, Mandaluyong, San
Juan, Marikina, Las Piñas and Parañaque with jurisdiction
over their respective municipalities;
(3) The
Registry of Deeds of Pasig shall be
maintained with jurisdiction over the Municipalities of Pasig, Taguig
and Pateros; and
(4) The
Registry of Deeds of Makati shall have
jurisdiction over the municipalities of Makati and Muntinlupa.
CHAPTER
10 — BUREAU OF IMMIGRATION
Sec. 31. Bureau of Immigration. — The Bureau of
Immigration is principally responsible for the administration and
enforcement of immigration, citizenship and alien admission and
registration laws in accordance with the provisions of the Philippine
Immigration Act of 1940, as amended (C.A. No. 613, as amended). The
following units shall comprise the structural organization of the
Bureau:
(1)
Office of the Commissioner and Associate
Commissioners;
(2) Board of
Commissioners — composed of the
Commissioner as Chairman and two (2) Associate Commissioners as
members; and
(3) Boards of
Special Inquiry which are authorized to
be organized in the Commission pursuant to the provisions of the
Immigration Act of 1940, as amended.
Subject to the provisions of
existing law, the Secretary is hereby
authorized to review, revise and/or promulgate new rules and
regulations to govern the conduct of proceedings in the Board of
Commissioners and the Boards of Special Inquiry, including the
determination of the size and number of the support staff to be
assigned thereat.
The Bureau shall be headed by a
Commissioner assisted by two Associate
Commissioners, all of whom shall be appointed by the President upon the
recommendation of the Secretary.
The Commissioner and the two
Associate Commissioners shall compose the
Board of Commissioners, a collegial body hereby granted exclusive
jurisdiction over all deportation cases. The Board shall also have
appellate jurisdiction over decisions of the Boards of Special Inquiry
and shall perform such other functions as may be provided by law.
Each Board of Special Inquiry
shall be composed of a Chairman and two
members who shall be appointed by the Secretary upon the recommendation
of the Commissioner.
Likewise, the appointment of all
the other personnel of the Bureau
including the designation of Acting Immigration Officers shall be
vested in the Secretary upon the recommendation of the Commissioner.
CHAPTER
11 — COMMISSION ON THE SETTLEMENT OF LAND PROBLEMS
Sec. 32. Commission on the Settlement of Land
Problems. — The Commission on the Settlement of Land Problems shall be
responsible for the settlement of land problems involving small
landowners and members of cultural minorities. It shall also perform
such other functions, as are now or may hereafter be provided by law.
Sec. 33. Structure and Personnel Organization. —
The Commission, as a collegial body, shall be composed of the
Commissioner and two Associate Commissioners. For administrative
purposes, the Commissioner shall be the head of the Commission and the
two Associate Commissioners shall be his immediate assistants.
The Commissioner and the two Associate Commissioners shall be appointed
by the President upon the recommendation of the Secretary. They shall
have the same qualifications for appointment and receive a salary,
retirement benefits, longevity pay and other privileges equivalent to
that of an Associate Justice of the Court of Appeals and a Judge of the
Regional Trial Court, respectively, as provided in E.O. No. 561.
The Commission shall have a technical staff which shall be headed by an
Executive Director and assisted by a Deputy Executive Director who
shall both be appointed by the President upon the recommendation of the
Secretary. All the other members of the technical staff shall be
appointed by the Secretary upon the recommendation of the Commissioner.
When conditions in any province so warrant, the Commission may, subject
to the approval of the Secretary, establish regional and provincial
offices thereat which shall exercise such powers and perform such
functions as may be assigned to it by the Commission.
CHAPTER
12 — OFFICE OF THE SOLICITOR GENERAL
Sec. 34. Organizational Structure. — The Office of
the Solicitor General shall be an independent and autonomous office
attached to the Department of Justice.
The Office of the Solicitor General shall be headed by the Solicitor
General, who is the principal law officer and legal defender of the
Government. He shall have the authority and responsibility for the
exercise of the Office’s mandate and for the discharge of its duties
and functions, and shall have supervision and control over the Office
and its constituent units.
The Solicitor General shall be assisted by a Legal Staff composed of
fifteen (15) Assistant Solicitors General, and such number of
Solicitors and Trial Attorneys as may be necessary to operate the
Office, which shall be divided into fifteen (15) divisions: Provided,
That the Solicitor General may assign or transfer the Assistant
Solicitors General, Solicitors or Trial Attorneys to any of the
divisions.
Sec. 35. Powers and Functions. — The Office of the
Solicitor General shall represent the Government of the Philippines,
its agencies and instrumentalities and its officials and agents in any
litigation, proceeding, investigation or matter requiring the services
of lawyers. When authorized by the President or head of the office
concerned, it shall also represent government-owned or controlled
corporations. The Office of the Solicitor General shall constitute the
law office of the Government and, as such, shall discharge duties
requiring the services of lawyers. It shall have the following specific
powers and functions:
(1)
Represent the Government in the Supreme Court and
the Court of Appeals in all criminal proceedings; represent the
Government and its officers in the Supreme Court, the Court of Appeals,
and all other courts or tribunals in all civil actions and special
proceedings in which the Government or any officer thereof in his
official capacity is a party.
(2)
Investigate, initiate court action, or in any
manner proceed against any person, corporation or firm for the
enforcement of any contract, bond, guarantee, mortgage, pledge or other
collateral executed in favor of the Government. Where proceedings are
to be conducted outside of the Philippines the Solicitor General may
employ counsel to assist in the discharge of the aforementioned
responsibilities.
(3) Appear in
any court in any action involving the
validity of any treaty, law, executive order or proclamation, rule or
regulation when in his judgment his intervention is necessary or when
requested by the Court.
(4) Appear in
all proceedings involving the
acquisition or loss of Philippine citizenship.
(5) Represent
the Government in all land registration
and related proceedings. Institute actions for the reversion to the
Government of lands of the public domain and improvements thereon as
well as lands held in violation of the Constitution.
(6) Prepare,
upon request of the President or other
proper officer of the National Government, rules and guidelines for
government entities governing the preparation of contracts, making of
investments, undertaking of transactions, and drafting of forms or
other writings needed for official use, with the end in view of
facilitating their enforcement and insuring that they are entered into
or prepared conformably with law and for the best interests of the
public.
(7) Deputize,
whenever in the opinion of the
Solicitor General the public interest requires, any provincial or city
fiscal to assist him in the performance of any function or discharge of
any duty incumbent upon him, within the jurisdiction of the aforesaid
provincial or city fiscal. When so deputized, the fiscal shall be under
the control and supervision of the Solicitor General with regard to the
conduct of the proceedings assigned to the fiscal, and he may be
required to render reports or furnish information regarding the
assignment.
(8) Deputize
legal officers of government
departments, bureaus, agencies and offices to assist the Solicitor
General and appear or represent the Government in cases involving their
respective offices, brought before the courts, and exercise supervision
and control over such legal officers with respect to such cases.
(9) Call on
any department, bureau, office, agency or
instrumentality of the Government for such service, assistance and
cooperation as may be necessary in fulfilling its functions and
responsibilities and for this purpose enlist the services of any
government official or employee in the pursuit of his tasks.
Departments, bureaus, agencies,
offices, instrumentalities and
corporations to whom the Office of the Solicitor General renders legal
services are authorized to disburse funds from their sundry operating
and other funds for the latter Office. For this purpose, the Solicitor
General and his staff are specifically authorized to receive allowances
as may be provided by the Government offices, instrumentalities and
corporations concerned, in addition to their regular compensation.
(10)
Represent, upon the instructions of the
President, the Republic of the Philippines in international
litigations, negotiations or conferences where the legal position of
the Republic must be defended or presented.
(11) Act and
represent the Republic and/or the people
before any court, tribunal, body or commission in any matter, action or
proceeding which, in his opinion, affects the welfare of the people as
the ends of justice may require; and
(12) Perform
such other functions as may be provided
by law.
Sec. 36. Appointments. — The Solicitor General
shall be appointed by the President and shall have the same
qualifications for appointment, rank, prerogatives, and privileges as
those of the Presiding Justice of the Court of Appeals.
The Assistant Solicitors General and the Solicitors shall be appointed
by the President upon recommendation of the Solicitor General. The
Trial Attorneys and administrative personnel in the Office of the
Solicitor General shall be appointed by the Solicitor General.
Sec. 37. Acting Solicitor General. — In case of
absence or temporary incapacity of the Solicitor General, the President
shall designate an Acting Solicitor General. In case of death,
permanent incapacity, removal or resignation of the Solicitor General,
or vacancy thereof, the President shall designate an Acting Solicitor
General, who shall act as such until a new Solicitor General is
appointed, or appoint a new Solicitor General.
Title
IV
AGRICULTURE
CHAPTER 1 — GENERAL PROVISIONS
Section 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.
Sec. 2. Mandate. — The Department is the
government agency responsible for the promotion of agricultural
development by providing the policy framework, public investments, and
support services needed for domestic and export-oriented business
enterprises.
In the fulfillment of this mandate, it shall be the primary concern of
the Department to improve farm income and generate work opportunities
for farmers, fishermen, and other rural workers. It shall encourage
people’s participation in agricultural development through sectoral
representation in agricultural policy-making bodies so that the
policies, plans, and programs of the Department are formulated and
executed to satisfy their needs.
It shall ensure social justice, equity, productivity and sustainability
in the use of agricultural resources.
Sec. 3. Powers and Functions. — The Department
shall:
(1)
Provide integrated services to farmers,
fishermen, and other food producers on production, utilization,
conservation, and disposition of agricultural and fishery resources;
(2) Be
responsible for the planning, formulation,
execution, regulation, and monitoring of programs and activities
relating to agriculture, food production and supply;
(3) Promulgate
and enforce all laws, rules and
regulations governing the conservation and proper utilization of
agricultural and fishery resources;
(4) Establish
central and regional information
systems to serve the production, marketing, and financing date
requirements of the farmers as well as domestic and foreign investors
in agribusiness ventures;
(5) Provide
comprehensive and effective extension
services and training to farmers and other agricultural entrepreneurs
on the production, marketing, and financing aspects of agricultural
enterprises;
(6) Conduct,
coordinate, and disseminate research
studies on appropriate technologies for the improvement and development
of agricultural crops, fisheries, and other allied commodities;
(7) Provide
the mechanism for the participation of
farmers, fishermen, and entrepreneurs at all levels of policy-making,
planning and program formulation;
(8) Coordinate
with and enlist other public and
private agencies for cooperation and assistance on matters affecting
the policies, plans and programs of the Department;
(9) Perform
such other functions as may be provided
by law.
Sec. 4. Organizational Structure. — The Department
shall consist of the Department Proper, the Bureaus, and the Regional,
Provincial, Municipal, and Barangay Offices.
The Department Proper shall consist of the Office of the Secretary, the
Offices of the Undersecretaries and Assistant Secretaries and their
immediate staffs as determined by them respectively, and the Department
Services.
The Department Services and Bureaus shall be grouped as follows: (1)
Production Group; (2) Research, Training and Extension Group; (3)
Agri-Business Group; (4) Planning and Monitoring Group; and (5) Support
Group.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 5. Office of the Secretary. — The Office of
the Secretary shall consist of the Secretary and his immediate staff as
determined by him.
Sec. 6. Assistant to the Secretary. — The
Secretary shall be assisted by five (5) Undersecretaries, seven (7)
Assistant Secretaries, and the heads of the National Food Authority and
the Philippine Coconut Authority who shall have the rank of
Undersecretaries.
Sec. 7. Undersecretaries. — The Undersecretaries
shall assist the Secretary in the exercise of the mandate and in the
discharge of the powers and functions of the Department.
The five (5) Undersecretaries shall be assigned the following
functions:
(1)
The Undersecretary assigned to Regional
Operations shall oversee the implementation of the agricultural plans,
policies, programs, and projects of the regional and field offices of
the Department;
(2) The
Undersecretary assigned to Staff Operations
shall provide staff support services, particularly in administration
and finance, production, research, training, and extension;
(3) The
Undersecretary assigned to Policy and
Planning shall provide policy and planning support services,
particularly in policy-formulation, planning, and agri-business;
(4) The
Undersecretary assigned to Attached Agencies
shall exercise supervision over the attached agencies to ensure that
their operations are in conformity with the approved plans and policies
of the Department;
(5) The
Undersecretary assigned to Special Concerns
shall develop and implement agricultural policies and priority projects
aimed at improving the quality of life of disadvantaged and cultural
community groups living in lowland and upland areas. In addition, he
shall handle other special projects as may be identified or directed by
the Department Secretary.
Sec. 8. Functions of the Undersecretaries. — With
respect to his area of responsibility, an Undersecretary shall have the
following functions:
(1)
Advise the Secretary in the promulgation of
orders and other issuances, with respect to his area of responsibility;
(2) Exercise
supervision and control over the
offices, services, operating units, and officers and employees under
his responsibility;
(3) Promulgate
rules and regulations, consistent with
the policies of the Department that will efficiently and effectively
govern the activities of the units under his responsibility;
(4) Coordinate
the functions and activities of the
units under his responsibility with those of other units under the
responsibility of the other Undersecretaries;
(5) Exercise
delegated authority on matters related
to the functions and activities of the units under his responsibility
to the extent granted by the Secretary; and
(6) Perform
such other functions as may be provided
by law or assigned by the Secretary.
Sec. 9. Functions of the Assistant Secretaries. —
Each of the seven (7) Assistant Secretaries shall head any of the
following: Production Group, Agri-Business Group, Research, Training
and Extension Group, Planning and Monitoring Group, Support Group,
Foreign Assisted Projects and the Regional Operations. In connection
therewith, the Assistant Secretaries shall have the following
functions:
(1)
The Assistant Secretary assigned to the
Production Group shall be responsible for providing services relating
to planning, programming, and project development of agricultural
production. This group shall consist of the Bureau of Animal Industry,
Bureau of Plant Industry, Bureau of Fisheries and Aquatic Resources,
and Bureau of Soils and Water Management;
(2) The
Assistant Secretary assigned to the
Agri-Business Group shall be responsible for assisting farmers and
other agri-business ventures by providing marketing assistance and
investment information. This group shall consist of the Marketing
Assistance Services and the Agri-Business Investment Information
Services;
(3) The
Assistant Secretary assigned to the Research,
Training and Extension Group shall be responsible for conducting
research and training as well as providing assistance in the
establishment of agricultural cooperatives. This group shall be
composed of the Bureau of Agricultural Research (BAR), Agricultural
Training Institute (ATI), and Bureau of Agricultural Cooperatives
Development (BACOD);
(3) The
Assistant Secretary assigned to the Planning
and Monitoring Group shall take charge of developing, integrating,
monitoring and evaluating all plans and programs of the Department and
shall collect, monitor, and publish agricultural statistics for the
Department and its clientele. This group shall be composed of the
Planning and Monitoring Services, Computer Services, and Bureau of
Agricultural Statistics;
(5) The
Assistant Secretary assigned to the Support
Group shall take charge of providing staff support services in finance,
administration, and management. This shall be composed of the Financial
and Management Services, the Legal Services, and the Administrative
Services;
(6) The
Assistant Secretary assigned to the Foreign
Assisted Projects shall be responsible for the negotiation and
implementation of foreign assisted projects of the Department;
(7) The
Assistant Secretary assigned to Regional
Operations shall assist the Undersecretary for Regional Operations in
the supervision of regional offices, including the coordination and
implementation of Department plans, policies and programs.
The seven (7) Assistant
Secretaries shall, in addition to the
abovementioned duties, perform such other functions as may be assigned
by the Secretary. They may also be assigned or placed under the
supervision of the Undersecretaries at the discretion of the Secretary.
CHAPTER
3 — DEPARTMENT SERVICES
Sec. 10. Planning and Monitoring Service. — The
Planning and Monitoring Service shall be responsible for the
formulation and integration of plans and programs, emanating from all
units of the Department, including the Bureau, Regional Offices and
Attached Agencies. It shall also be responsible for data analysis and
monitoring of the implementation of said plans and programs through its
management information system.
Sec. 11. Computer Service. — The Computer Service
shall be responsible for the development and maintenance of the
electronic data processing requirements of the Department.
Sec. 12. Financial and Management Service. — The
Financial and Management Service shall provide services relating to
budgeting, accounting and management.
Sec. 13. Administrative Service. — The
Administrative Service shall be responsible for providing personnel,
records, information, training and other general services.
Sec. 14. Legal Service. — The Legal Service shall
handle the legal requirements including those pertaining to the
quasi-judicial and regulatory functions of the Department Proper and
its Bureaus.
Sec. 15. Agribusiness Investment Information
Service. — The Agribusiness Investment Information Service shall
conduct research, gather and collate data related to agribusiness such
as laws and regulations, taxation, production technologies, market
strategies, competition, foreign assistance, grants, credit, and new
venture considerations relating to agribusiness and shall package
information on agribusiness investment opportunities and provide sample
feasibility studies for different agricultural products and markets.
Sec. 16. Marketing Assistance Service. — The
Marketing Assistance Service shall be responsible for identifying
markets for Philippine agricultural products and shall assist in the
planning of market centers, marketing channels, and distribution
networks.
Sec. 17. Department Services Head. — Each of the
Services of the Department shall be headed by a Staff Director.
CHAPTER
4 — BUREAUS AND OFFICES
Sec. 18. Bureau of Animal Industries. — The Bureau
of Animal Industry shall:
(1)
Formulate programs for the development and
expansion of the livestock, poultry, and dairy industries to meet the
requirements of the growing populace;
(2) Recommend
the specific policies and procedures
governing the flow of livestock products through the various stages of
marketing, as well as the proper preservation and inspection of such
products;
(3) Coordinate
and monitor the activities and
projects relating to livestock and allied industries;
(4) Prescribe
standards for quality in the
manufacture, importation, labelling, advertising, distribution, and
sale of livestock, poultry, and allied industries; and
(5) For its
own sector, recommend plans, programs,
policies, rules and regulations to the Secretary and provide technical
assistance in the implementation of the same.
Sec. 19. Bureau of Plant Industry. — The Bureau of
Plant Industry shall:
(1)
Be responsible for the production of improved
planting materials, protection of agricultural crops from pests and
diseases, and development and improvement of farm equipment and other
structures related to the plant industry;
(2) Prepare a
program for the selection, production
and certification of improved planting materials as well as guidelines
for its implementation;
(3) Recommend
plant quarantine policies, and
prescribe rules and regulations for the prevention, control, and
eradication of pests, diseases, and injuries to plants and plant
products; and
(4) For its
own sector, recommend plans, programs,
policies, rules and regulations to the Secretary and provide technical
assistance in the implementation of the same.
Sec. 20. Bureau of Fisheries and Aquatic
Resources. — The Bureau of Fisheries and Aquatic Resources shall:
(1)
Formulate plans for the proper management,
accelerated development, and proper utilization of the country’s
fishery and aquatic resources;
(2) Undertake
studies on the economics of the various
phases of the fishing industry, which studies shall form the bases for
the formulation of policies and programs on fisheries and aquatic
resources;
(3) Render
technical assistance and advisory services
in the proper procurement, construction and operation of the fishing
vessels as well as determination and designation of fish landing points
for all commercial fishing boats; and
(4) For its
own sector, recommend plans, programs,
policies, rules and regulations to the Secretary and provide technical
assistance in the implementation of the same.
Sec. 21. Bureau of Soils and Water Management. —
The Bureau of Soils and Water Management shall:
(1)
Advise and render assistance on matters relative
to the utilization and management of soils and water as vital
agricultural resources;
(2) Formulate
measures and guidelines for effective
soil, land, and water resource utilization, as well as soil
conservation in croplands and other agricultural areas;
(3) Undertake
soil research programs;
(4) Coordinate
with the relevant government agencies
in resettlement areas and prepare the necessary plans for the provision
of technical assistance in solving soil impounding and the prevention
of soil erosion, fertility preservation, and other related matters;
(5) Engage in
rainmaking projects for agricultural
areas and watersheds to solve the problem of prolonged droughts and
minimize their effects on standing agricultural crops; and
(6) For its
own sector, recommend plans, programs,
policies, rules and regulations to the Secretary and provide technical
assistance in the implementation of the same.
Sec. 22. Bureau of Agricultural Research. — The
Bureau of Agricultural Research shall:
(1)
Ensure that all agricultural research is
coordinated and undertaken for maximum utility to agriculture;
(2) Tap
farmers, farmers’ organizations, and research
institutions, especially the state colleges and universities, in the
conduct of research for use of the Department and its clientele,
particularly the farmers, fishermen and other rural workers.
Sec. 23. Bureau of Agricultural Cooperatives and
Development. — The Bureau of Agricultural Cooperatives and Development
shall:
(1)
Formulate an integrated system for development
and evaluation of agricultural cooperatives;
(2) Provide
advice and assistance in the
establishment of agricultural cooperatives in the rural communities;
and
(3) Evolve a
program to promote the economic
viability of agricultural cooperatives.
The Bureau shall include in its
area of responsibility non-agricultural
cooperatives.
Sec. 24. Bureau of Agricultural Statistics. — The
Bureau of Agricultural Statistics shall:
(1)
Be mainly responsible for the collection,
compilation, and official release of agricultural statistics;
(2) Exercise
technical supervision over data
collection centers;
(3) Coordinate
all agricultural statistics and
economic research activities of all bureaus, corporations and offices
under the Department.
Sec. 25. Agricultural Training Institute. — The
Agricultural Training Institute shall:
(1)
Be responsible for the training of all
agricultural extension workers and their clientele, who are mostly
farmers and other agricultural workers;
(2) Ensure
that training programs address the real
needs of the agricultural sectors; and
(3) Ensure
that the research results are communicated
to the farmers through the appropriate training and extension
activities.
CHAPTER
5 — REGIONAL OFFICES
Sec. 26. Functions. — The Department of
Agriculture is authorized to establish, operate, and maintain a
Regional Office in each of the administrative regions of the country.
Each Regional Office shall be headed by a Regional Director, to be
assisted by three (3) Assistant Regional Directors, assigned to
Operations, Research, and Support Services, respectively. Each Regional
Office shall have, within its administrative regions, the following
duties and responsibilities:
(1)
Provide efficient and effective frontline
services to the people;
(2) Implement
and enforce in its area the laws and
policies, plans, programs, projects, rules, and regulations issued by
the Department including plant and animal quarantine laws, rules and
regulations;
(3) Coordinate
with regional offices of other
departments, offices and agencies in the region;
(4) Coordinate
with local government units; and
(5) Perform
such other functions as may be provided
by law or assigned appropriately by the Secretary.
At
the provincial level, policies, plans, programs, projects, laws,
rules, and regulations of the Department shall be implemented by the
Provincial Agriculture and Fisheries Officer and, at the municipal and
barangay levels, by the Municipal Agriculture and Fisheries Office.
Sec. 27. Importation of Plants and Plant Products.
— Subject to such special quarantine orders, rules and regulations as
may be promulgated by the Secretary of Agriculture upon recommendation
of the Plant Quarantine Board, it is prohibited to import or introduce
into the Philippines, plants, plant products, soil or packing materials
of plants capable of harboring plant pests or being a source or medium
of infection or infestation of plants by pests. For purposes of this
Chapter, the term “plants” shall refer to living plants and any part
thereof, while “plant products” shall mean products derived from plants
either in their natural state or processed form.
Sec. 28. Importation of Potential Animal Pests. —
The importation of certain species of animals which are liable to
become agricultural crop pests and capable of causing injury to
agricultural crops is hereby prohibited, except in limited quantities
for justifiable purposes and upon written permission from the Regional
Director concerned or other official of the Department who may be
authorized by the Secretary of Agriculture.
Sec. 29. Plants, Plant Products, and Other
Materials in Transit. — Commodities mentioned under the next two
preceding sections, including food provisions and ornaments on board
carriers that are in transit, shall be required to get a clearance from
the Plant Quarantine Officer assigned at the port concerned.
Sec. 30. Exportation of Plants and Plant Products.
— The Regional Director concerned, the Plant Quarantine Officer or
other officials of the Department who may be authorized by the
Secretary of Agriculture shall cause the inspection and certification
of all plants, plant products and other related materials for
exportation, capable of harboring plant pests, if the importing country
so requires.
Sec. 31. Inspection of Plants, Plant Products,
Potential Animal Pests, and Other Materials. — The Regional Director
concerned or other officials of the Department who may be authorized by
the Secretary of Agriculture shall cause the appropriate inspection of
the commodities mentioned in the next four preceding sections and apply
the necessary plant quarantine measures in order to attain the
objectives of this Chapter.
Sec. 32. Domestic Quarantine of Plants and Plant
Products. — In order to prevent and arrest the spread to other areas of
injurious plant pests existing in certain localities within the
Philippines, the Regional Director concerned, the Plant Quarantine
Officer or other officials of the Department who may be authorized by
the Secretary of Agriculture shall cause the inspection, treatment and
certification of plants and plant products involved in movement from
one locality to another within the country.
Sec. 33. Appointment of Plant Quarantine Officers.
— The Secretary shall, upon recommendation of the Regional Director
concerned and in consultation with the Director of Plant Industry,
appoint Plant Quarantine Officers to act as his representatives in
implementing and enforcing the provisions of this Chapter.
Sec. 34. Powers and Duties and Plant Quarantine
Officers. — The Plant Quarantine Officers shall have authority to:
(1)
Inspect all carriers, passengers, crew, luggage
and incoming mails to determine the presence of plants, plant products
and other materials capable of harboring plant pests as well as
potential animal pests;
(2) Enter into
and inspect any and all areas where
plants, plant products and other materials capable of harboring plant
pests are landed, stored or grown;
(3) Examine
imported plants, plant products, and
other materials capable of harboring plant pests as well as potential
animal pests and administer necessary measures to insure effective
implementation of the provisions of this Chapter;
(4) Inspect,
administer treatment and certify plants,
plant products and other related materials intended for export, if the
importing country so requires;
(5) Confiscate
and destroy or refuse entry of plants,
plant products and potential animal pests involved in prohibited
importations and deny inspection, certification or clearance of the
same; and
(6) Perform
such other related duties as may be
provided by law.
Sec. 35. Non-Liability Clause. — (1) All charges
for storage, demurrage, cartage, labor and delays incident to
inspection, cost of disinfection or disinfestation and other post-entry
requirements shall be paid by the importer or exporter as the case may
be.
(2) The Regional Director and the authorized
officials of the Department shall not be held liable for damages to the
commodity in the course of the implementation of the provisions of this
Chapter.
Sec. 36. Duties of Importer and Exporter. — The
importers, exporters, or their authorized representatives shall submit
a declaration to the Regional Director concerned or other authorized
officials of the Department, at or before the time of entry or
embarkation, of plants and plant products for importation or
exportation. Such declaration shall indicate the name and address of
the consignor or consignee, the purpose, nature and quantity of plants
and plant products, the country or locality where the same was grown,
place and date of unloading or embarkation and the registered name of
the carrier carrying the consignment.
Sec. 37. Entrance and Clearance of Carrier. — (1)
The owner, operator, agent or master of carriers plying international
or domestic routes are hereby required to serve notice of arrival and
departure and to provide inward and outward cargo manifests and other
declarations of said carriers to the Plant Quarantine Officer at the
post. Prior to departure, the agent or master of said carrier must
secure a clearance from the Plant Quarantine Officer thereat.
(2) The Collector of Customs or his authorized agents
shall require the owner, agent or master of carrier to submit a copy of
the certificate of plant quarantine clearance as a pre-requisite to the
issuance of the customs clearance.
Sec. 38. Collection of Fees. — (1) The Regional
Director concerned shall, with the approval of the Secretary of
Agriculture, promulgate rules and regulations governing the collection
of regulatory fees for inspection, certification, import permits,
commodity treatment and others, on commodities described in this
Chapter which shall constitute the revolving fund of the national plant
quarantine service.
(2) Importations and exportations of all government
departments or agencies and government-owned or controlled
corporations, and donations to and for the account of any duly
registered relief organization or any charitable institution certified
by the Department of Social Services and Welfare, embassies of foreign
governments, and those that may be declared by the President, upon the
recommendation of the National Economic and Development Authority, in
the interest of economic development, are exempt from payment of the
fees herein prescribed excluding, however, the expense incurred in
commodity treatment.
Sec. 39. Overtime Services. — The services of
Plant Quarantine Officers, fumigators and helpers performed outside
office hours and reimbursement of meal, transportation, lodging and
other incidental expenses shall be chargeable to the party or parties
served at the rates to be prescribed by the Secretary of Agriculture
upon recommendation of the Regional Director concerned.
Sec. 40. Cooperating Agencies. — The Secretary of
Agriculture may call upon the other government agencies in the
implementation of plant quarantine regulations, and dissemination of
information to the general public.
Sec. 41. Special Quarantine Orders, Rules and
Regulations. — Special quarantine orders, rules and regulations shall
be promulgated by the Secretary of Agriculture upon recommendation of
the Plant Quarantine Board to carry out and implement the provisions of
this Chapter.
Sec. 42. Quasi-judicial Authority. — (1) The
Regional Directors and the other officials of the Department who may be
authorized by the Secretary of Agriculture, after proper hearing, are
hereby empowered to impose administrative fines for the violation of
and non-compliance with quarantine orders, rules and regulations
promulgated in accordance with this Chapter.
(2) The decisions of the Regional Directors concerned
and those of the other authorized officials of the Department under
this section are appealable to the Secretary of Agriculture whose
decision shall be final.
Sec. 43. Plant Quarantine Board. — For the purpose
of carrying out the provisions of this Chapter, there shall be a Plant
Quarantine Board which shall be composed of the Undersecretary of
Agriculture for Regional Operations as Chairman; the Director of Plant
Industry, as Vice-Chairman; and the following members: the Commissioner
of Customs, the General Manager of the Philippine Ports Authority, the
Director of Quarantine, the Director of Animal Industry, the Postmaster
General, the Administrator of the Philippine Coconut Authority, the
Director of Forest Development or their representatives, the Chief of
the Department Legal Service, the Chief of the Plant Quarantine Section and the Chief of the Crop Protection Division of the Bureau of Plant
Industry, and a representative each from the National Economic and
Development Authority, the Central Bank of the Philippines, and the
Importers’ and Exporters’ Confederation, as members.
Sec. 44. Duties of the Board. — The Plant
Quarantine Board shall act as the advisory body to assist the Secretary
in formulating orders, rules and regulations for the effective
implementation of the provisions of this Chapter.
Sec. 45. Board Meeting. — The Board shall meet
once every quarter or may call special meetings when necessary,
provided that such special meeting shall not be held more than four
times annually.
Sec. 46. Quorum. — A majority of the members of
the Board shall constitute a quorum.
CHAPTER
6 — ATTACHED AGENCIES
Sec. 47. Attached Agencies. — The following units
are hereby attached to the Department:
(1)
Agricultural Credit Policy Council
(2) National
Agricultural and Fishery Council
(3) Philippine
Technical and Administrative Committee
for SEAFDEC
(4) Livestock
Development Council
(5) National
Meat Inspection Commission
(6) Fertilizer
and Pesticide Authority
(7) Fiber
Industry Development Authority
(8) National
Tobacco Administration
(9) Sugar
Regulatory Administration
(10) National
Food Authority and its subsidiaries
(11) Quedan
Guarantee Fund Board
(12)
Philippine Fisheries Development Authority
(13)
Philippine Rice Research Institute
(14)
Philippine Coconut Authority and its
subsidiaries
(15) National
Irrigation Administration
(16) Sacovia
Development Authority; and
(17) Regional
Cooperative Development Assistance
Offices (Regions IX and XII).
Sec. 48. Specific Functions. — (1) The National
Agricultural and Fishery Council shall act as an advisory and
coordinative body of the Department. As such, it shall conduct and
encourage consultative discussions among all agricultural sectors at
the municipal, provincial, regional and national levels;
(2) The Philippine Technical and Administrative
Committee for Southeast Asia Fisheries Development Center (SEAFDEC)
shall be responsible for the administration and management of the
SEAFDEC Aquaculture Department and shall monitor and assess the
performance of research projects on fisheries and aquaculture in
accordance with the policies or standards established by the SEAFDEC
International Council and the Department;
(3) The Livestock Development Council shall be
responsible for the formulation and establishment of comprehensive
policy guidelines for the livestock industry, preparation of plans and
programs and evaluation of livestock programs/projects;
(4) The National Meat Inspection Commission shall
conduct actual ante mortem inspection on all animals presented for
slaughter and post mortem inspection on all animals presented for
slaughter and post mortem inspection on all carcasses intended for
human consumption in all abattoirs in the country; render technical
assistance in the construction of meat establishments (abattoirs,
dressing plants, processing plants and meat markets) particularly on
the selection of sites, and plant design preparation, equipment design
and test runs; exercise overall supervision and control of management
and operations of all abattoirs, dressing plants, meat processing
plants and meat markets.
Sec. 49. Organization and Operation. — The
agencies attached to the Department shall continue to operate and
function in accordance with their respective charters, laws or orders
creating them, except as otherwise provided in this Code. Any provision
of law to the contrary notwithstanding, the Secretary shall serve as
Chairman of the governing boards of all attached units or agencies.
Title
V
PUBLIC WORKS AND HIGHWAYS
CHAPTER 1 — GENERAL PROVISIONS
Section 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.
Sec. 2. Mandate. — The Department of Public Works
and Highways shall be the State’s engineering and construction arm and
is tasked to carry out the policy enunciated above.
Sec. 3. Powers and Functions. — The Department, in
order to carry out its mandate, shall:
(1)
Provide technical services for the planning,
design, construction, maintenance, or operation of infrastructure
facilities;
(2) Develop
and implement effective codes, standards,
and reasonable guidelines to ensure the safety of all public and
private structures in the country and assure efficiency and proper
quality in the construction of public works;
(3) Ascertain
that all public works plans and project
implementation designs are consistent with current standards and
guidelines;
(4) Identify,
plan, secure funding for, program,
design, construct or undertake prequalification, bidding, and award of
contracts of public works projects with the exception only of
specialized projects undertaken by Government corporate entities with
established technical capability and as directed by the President of
the Philippines or as provided by law;
(5) Provide
the works supervision function for all
public works constructions and ensure that actual construction is done
in accordance with approved government plans and specifications;
(6) Assist
other agencies, including the local
governments, in determining the most suitable entity to undertake the
actual construction of public works projects;
(7) Maintain
or cause to be maintained all highways,
flood control, and other public works throughout the country except
those that are the responsibility of other agencies as directed by the
President of the Philippines or as provided by law;
(8) Provide an
integrated planning for highways,
flood control and water resource development systems, and other public
works;
(9) Classify
road and highways into national,
regional, provincial, city, municipal, and barangay roads and highways,
based on objective criteria it shall adopt; provide or authorize the
conversion of roads and highways from one category to another; and
(10) Delegate,
to any agency it determines to have
the adequate technical capability, any of the foregoing powers and
functions; and
(11) Perform
such other functions as may be provided
by law.
Sec. 4. Organizational Structure. — The Department
shall be composed of:
(1)
The Department Proper consisting of the Office of
the Secretary, the Offices of the Undersecretaries and Assistant
Secretaries, the Internal Audit Service, Monitoring and Information
Service, Planning Service, Comptrollership and Financial Management
Service, Legal Service, and the Administrative and Manpower Management
Service;
(2) The Bureau
of Research and Standards, Bureau of
Design, Bureau of Construction, Bureau of Maintenance, and Bureau of
Equipment; and
(3) The Field
Offices, consisting of fourteen (14)
Regional Offices composed of Region I (Ilocos), Region II (Cagayan
Valley), Region III (Central Luzon, National Capital Region), Region
IV-A (Southern Tagalog Mainland Provinces), Region IV-B (Southern
Tagalog Island Provinces), Region V (Bicol), Region VI (Western
Visayas), Region VII (Central Visayas), Region VIII (Eastern Visayas),
Region IX (Western Mindanao) Region X (Northeastern Mindanao) Region XI
(Southern Mindanao) and Region XII (Central Mindanao), and their
respective District Offices.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 5. Office of the Secretary. — The Office of
the Secretary shall be composed of the Secretary and his immediate
staff.
Sec. 6. Undersecretaries. — The Secretary shall be
assisted by not more than five (5) Undersecretaries who shall be
appointed by the President upon the recommendation of the Secretary.
The Secretary is hereby authorized to delineate and assign the
respective functional areas of responsibility of the Undersecretaries.
Such responsibility shall be with respect to the mandate and objectives
of the Department and no Undersecretary shall be assigned primarily
administrative responsibilities. Within his functional area of
responsibility, an Undersecretary shall have the following functions:
(1)
Advise and assist the Secretary in the
formulation and implementation of Department policies, plans programs
and projects;
(2) Supervise
all the operational activities of the
units assigned to him, for which he is responsible to the Secretary;
and
(3) Perform
such other duties and responsibilities as
may be assigned or delegated by the Secretary to promote efficiency and
effectiveness in the delivery of public services, or as may be required
by law.
Sec. 7. Assistant Secretaries. — The Secretary
shall also be assisted by six (6) Assistant Secretaries appointed by
the President of the Philippines upon the recommendation of the
Secretary; one (1) to be responsible for the Internal Audit Services;
one (1) for the Monitoring and Information Service; one (1) for the
Planning Service; one (1) for the Comptrollership and Financial
Management Service; one (1) for the Legal Service; and one (1) for the
Administrative and Manpower Management Service.
CHAPTER
3 — DEPARTMENT SERVICES
Sec. 8. Internal Audit Service. — The Internal
Audit Service shall conduct comprehensive audit of various Department
activities. Specifically, it shall have the following functions:
(1)
Advice the Secretary on all matters relating to
management control and operations audit;
(2) Conduct
management and operations performance
audit of Department activities and units and determine the degree of
compliance with established objectives, policies, methods and
procedures, government regulations, and contractual obligations of the
Department;
(3) Review and
appraise systems and procedures,
organizational structure, assets management practices, accounting and
other records, reports and performance standards (such as budgets and
standard costs) of the Department Proper, Bureaus and Regional Offices;
(4) Analyze
and evaluate management deficiencies and
assist top management to solve the problems by recommending realistic
courses of action; and
(5) Perform
such other related duties and
responsibilities as may be assigned or delegated by the Secretary or as
may be required by law.
Sec. 9. Monitoring and Information Service. — The
Monitoring and Information Service is hereby created to provide the
Secretary timely reports on the status of various Department projects
and activities; and develop and implement information programs for mass
dissemination in coordination with the appropriate government agencies.
The Monitoring and Information Service shall have the following
functions:
(1)
Advice the Secretary on all matters relating to
monitoring and public information;
(2) Develop
and maintain a system for retrieving and
processing monitoring information on all projects and activities of
concern to the Secretary;
(3) Provide
accurate and timely status and exception
reports to the Secretary;
(4) Generate
monitoring reports for the President,
the Cabinet, or for any other purpose as required by the Secretary;
(5) Develop
and supervise the implementation of
communications programs to have relevant policies, programs and plans
of the Department understood by the public;
(6) Produce
and supervise the dissemination of media
materials in line with the national government public information
programs;
(7) Coordinate
with appropriate national government
agencies tasked with public information affairs; and
(8) Perform
such other related duties and
responsibilities as may be assigned or delegated by the Secretary or as
may be required by law.
The existing Infrastructure
Computer Center shall be under the
supervision of the Assistant Secretary for Monitoring Information. It
shall establish and maintain a computerized data bank as a repository
of statistics and information on infrastructure operations. It shall
also provide computer service to the different offices of the
Department.
Sec. 10. Planning Service. — The Planning Service
shall provide the Department with the capability to undertake
infrastructure development planning and programming. For this purpose,
it shall have the following functions:
(1)
Advice the Secretary on all matters relating to
infrastructure planning;
(2) Formulate
strategies and priorities for
infrastructure development consistent with national development
objectives; and initiate or undertake, coordinate and review area and
sector surveys for development planning;
(3) Formulate
long-range, medium-term and annual
development plans and programs for infrastructure, especially highways,
flood control and water resource development systems, and other public
works projects, including phasing of implementation;
(4) Identify
priority packages for infrastructure
development, especially highways, flood control and water resource
development systems, and other public works projects, undertake or
supervise and evaluate the conduct of feasibility studies and project
preparation thereof;
(5) Prioritize
project implementation and the
allocation of funds and other resources and package project proposals
for funding and implementation;
(6) Evaluate
and appraise all regional and
interregional infrastructure development plans and programs as to their
feasibility and consistency with approved strategies and long and
medium-term plans;
(7) Initiate
regular Department-wide planning
exercises and act as the secretariat thereof;
(8) Gather,
analyze and organize needed statistical
data and information;
(9) Provide
technical assistance related to its
functions to the other Services, Bureaus and the Regional Offices as
needed; and
(10) Perform
such other related duties and
responsibilities as may be assigned or delegated by the Secretary or as
may be required by law.
Sec. 11. Comptrollership and Financial Management
Service. — The Comptrollership and Financial Management Service shall
provide the Department with coordinated services relating to financial
systems and procedures, budget, cash, accounting, and all financial
housekeeping matters. For such purposes, it shall have the following
functions:
(1)
Advise the Secretary on all matters relating to
the accounting of government expenditures and receipts, budgeting and
cash management, project finances, and financial systems and
procedures;
(2) Prepare
budget proposals and pursue formal budget
authorizations; undertake budget execution, and prepare and submit all
appropriate reports to the proper offices;
(3) Develop
and maintain accounting, financial and
assets management systems, procedures, and practices in the Department
proper, Bureaus, and Regional Offices;
(4) Provide
assistance in its area of specialization
to any unit of the Department and, when requested, to government
corporations and councils attached to the Department; and
(5) Perform
such other related duties and
responsibilities as may be assigned or delegated by the Secretary or as
may be required by law.
Sec. 12. Legal Service. — The Legal Service
provides the Department with services on such legal affairs as contract
letting and litigation, legal and legislative research, complaints and
investigation, legal counselling and other matters of law. For such
purposes, it shall have the following functions:
(1)
Advise the Secretary on all matters relating to
legal affairs;
(2) Prepare
Department contracts and legal
instruments, review and interpret all contracts and agreements entered
into by the Department; evaluate all legal proposals;
(3) Conduct
administrative investigation as well as
the review of administrative charges against officers and employees of
the Department;
(4) Exercise
functional jurisdiction over the legal
staffs of Regional Offices;
(5) Provide
legal assistance to the Department
Proper, the Bureaus and Regional Offices and, when requested, the
attached corporations; and
(6) Perform
such other related duties and
responsibilities as may be assigned or delegated by the Secretary or as
may be required by law.
Sec. 13. Administrative and Manpower Management
Service. — The Administrative and Manpower Management Service provides
the Department with services relating to human resources development,
personnel, records, facilities maintenance, medical and dental,
security and property and procurement services. For such purposes, it
shall have the following functions:
(1)
Advise the Secretary, on all matters relating to
internal administration and human resources management;
(2) Prepare
and implement an integrated personnel
plan that shall include provisions on merit promotions, performance
evaluation, job rotation, suggestions and incentive awards systems and
health and welfare services;
(3) Provide
services related to human resources
training, education, and development, including manpower and career
planning and forecasting and development of indigenous training
materials;
(4) Develop,
establish and maintain an efficient and
cost-effective property procurement system and facilities and
coordinate or otherwise interface with relevant agencies, whether
government or private, for the purpose of developing or upgrading the
system;
(5) Secure and
maintain necessary Department
facilities and develop, establish and maintain an efficient and
effective security system covering among others, personnel, physical
installations, equipment, documents and materials, including the
conduct of security investigations;
(6) Coordinate
with the appropriate government
agencies for a more efficient conduct of administrative processes;
(7) Develop,
establish and maintain an efficient
records system;
(8) Provide
assistance in its area of specialization
to the Department Proper, Bureaus and Regional Offices and, when
requested, the government agencies and corporations attached to the
Department; and
(9) Perform
such other related duties and
responsibilities as may be assigned or delegated by the Secretary or as
may be required by law.
CHAPTER
4 — THE BUREAU
Sec. 14. Bureau Head. — Each Bureau shall be
headed by a Bureau Director who shall be responsible for efficiently
and effectively carrying out the functions of the Bureau.
Sec. 15. Bureau of Research and Standards. — The
Bureau of Research and Standards shall develop and set effective
standards and reasonable guidelines to ensure the safety of all
infrastructure facilities in the country and to assure efficiency and
proper quality in the construction of government public works. In
pursuit of this task, the Bureau shall engage in research and
development in all major areas pertinent to infrastructure development.
For such purposes, it shall have the following functions:
(1)
Study, on a continuing basis, and formulate and
recommend guidelines, standards, criteria, and systems for the survey
and design, construction, rehabilitation, maintenance and improvement
of all public works and highways;
(2) Conduct or
sponsor research on construction
materials and formulate and recommend policies, standards and
guidelines on materials and quality control;
(3) Undertake
or cause to be undertaken specialized
technical studies to advance the inhouse technology of the Department
and secure the most complete information for project development and
implementation purposes;
(4) Formulate
technical training programs for
Department technical personnel, including the identification of
appropriate local and foreign training programs, and recommend the
selection of Department personnel for such programs;
(5) Review and
study, for the purpose of recognizing
new technologies especially those utilizing indigenous resources,
current national building and construction standards and procedures and
make appropriate recommendations thereon;
(6) Promote,
publish and disseminate technical
publications;
(7) Provide
technical assistance to the Department
Proper, other Bureaus, Regional Offices and other agencies on matters
within its competence, including technical assistance in the upgrading
or updating of the Building Code, and other services;
(8) Cooperate
or coordinate with other established
research, development, and engineering centers in areas of common or
national interests; and
(9) Perform
such other duties and responsibilities as
may be assigned or delegated by the Secretary or as may be required by
law.
Sec. 16. Bureau of Design. — The Bureau of Design
shall ascertain that all government infrastructure project
implementation plans and designs are consistent with current standards
and guidelines. For this purpose, it shall have the following duties
and responsibilities:
(1)
Conduct or initiate, supervise and review the
results of field surveys for highways, flood control and water resource
development systems, and other public works projects, including aerial,
hydrologic, hydrographic, topographic, geotechnical and other
investigations;
(2) Conduct or
initiate, supervise and review the
preparation of schemes, designs, specifications, estimates, tender and
contract documents covering the architectural, structural, mechanical,
electrical and other technical design aspects of highways, flood
control and other projects of the Department or of other departments
upon request or agreement;
(3) Review and
evaluate the designs, specifications,
estimates, tender and contract documents covering the architectural,
structural, mechanical, electrical and other technical design aspects
of public works projects of all agencies in accordance with current
standards and guidelines;
(4) Provide
technical assistance in the selection of
firms or entities that shall undertake actual construction of public
works projects via participation in the technical evaluation aspect of
the bidding/award process; and
(5) Perform
such other related duties and
responsibilities as may be assigned or delegated by the Secretary of as
may be required by law.
Sec. 17. Bureau of Construction. — The Bureau of
Construction shall provide technical services on construction works for
infrastructure projects and facilities. For this purpose, it shall have
the following duties and responsibilities:
(1)
Formulate policies relating to construction
management and contract administration;
(2) Review and
evaluate construction programs,
estimates, tender and contract documents;
(3) Inspect,
check and monitor construction and works
supervision activities of field implementing offices for the purpose of
ensuring that such activities are being conducted in accordance with
the current standards and guidelines of the Department;
(4) Provide
specialist support to implementing field
offices on construction management and contract administration; and
(5) Perform
such other related duties and
responsibilities as may be assigned or delegated by the Secretary or as
may be required by law.
Sec. 18. Bureau of Maintenance. — The Bureau of
Maintenance provides technical services on the maintenance and repair
of infrastructure projects and facilities. For this purpose, it shall
have the following duties and responsibilities:
(1)
Formulate policies relating to the maintenance of
infrastructure projects and facilities;
(2) Review and
evaluate maintenance programs,
estimates and tender and contract documents;
(3) Inspect,
check, and monitor maintenance
activities of implementing field offices for the purpose of ensuring
that such activities are being conducted in accordance with the current
standards and policies of the Department;
(4) Provide
specialist support to implementing field
offices on the maintenance of infrastructure projects and facilities;
(5) Perform
such other related duties and
responsibilities as may be assigned or delegated by the Secretary or as
may be required by law.
Sec. 19. Bureau of Equipment. — The Bureau of
Equipment provides technical services on the management of construction
and maintenance equipment and ancillary facilities. For this purpose it
shall have the following duties and responsibilities:
(1)
Formulate policies relating to the management of
infrastructure equipment and ancillary facilities;
(2) Review and
evaluate programs, estimates, tender
and contract documents for equipment;
(3) Inspect,
check and monitor the management of
equipment by regional equipment services and area shops for the purpose
of ensuring that such activities are being conducted in accordance with
the current standards and policies of the Department;
(4) Provide
specialist support to implementing field
offices on equipment management; and
(5) Perform
such other related duties and
responsibilities as may be assigned or delegated by the Secretary or as
may be required by law.
CHAPTER
5 — REGIONAL OFFICES
Sec. 20. Regional Offices. — Regional Offices
shall be responsible for highways, flood control and water resource
development systems, and other public works within the region, except
those defined in Sec. 3, par. (4) hereof. For this purpose, their
duties and responsibilities shall be as follows:
(1)
Undertake and evaluate the planning, design,
construction and works supervision functions of the Department for the
above mentioned infrastructure within the region;
(2) Undertake
the maintenance of the above mentioned
infrastructure within the region and supervise the maintenance of such
local road and other infrastructure receiving national government
financial assistance as the Secretary may determine;
(3) Ensure the
implementation of laws, policies,
programs, rules and regulations regarding the above mentioned
infrastructure as well as all public and private physical structures;
(4) Provide
technical assistance related to their
functions to other agencies within the region, especially the local
government;
(5) Coordinate
with other departments, agencies,
institutions and organizations, especially local government units
within the region in the planning and implementation of infrastructure
projects;
(6) Conduct
continuing consultations with the local
communities, take appropriate measures to make the services of the
Department responsive to the needs of the general public, compile and
submit such information to the central office, and recommend such
appropriate actions as may be necessary; and
(7) Perform
such other related duties and
responsibilities as may be assigned or delegated by the Secretary or as
may be required by law.
The Department shall retain and
have such Project Management Offices as
may be required which shall be under the supervision and control of the
appropriate Regional Director, unless otherwise determined by the
Secretary for reasons of supra-regional scope, magnitude, and
multi-functional coverage.
Sec. 21. Regional Director. — The Regional Office
shall be headed by a Regional Director who shall be responsible for
efficiently and effectively carrying out the duties and
responsibilities of the Regional Office. Towards this end, and in line
with the policy of decentralization, he shall, within his defined
powers, exercise functional and administrative supervision over
District Offices within the region including the authority to commit
their resources and personnel to integrated province or city-wide
development thrusts.
He shall also perform such other related duties and responsibilities as
may be assigned or delegated by the Secretary or as may be required by
law.
The Regional Director shall be assisted by two (2) Assistant Regional
Directors who shall exercise supervision, respectively over: (1) the
construction, maintenance and works supervision functions in the
region; and (2) the planning, project design, evaluation and technical
assistance functions of the Regional Office.
Sec. 22. District Office. — There shall be a
District Office in each of the provinces and cities throughout the
country to be headed by a District Engineer appointed by the Secretary.
A province or city may, however, be divided into two (2) or more
engineering districts, upon determination and issuance of an
administrative order by the Secretary. The District Office shall be
responsible for all highways, flood control and water resource
development systems, and other public works within the district, except
those defined under Sec. 3, par. (4) hereof. For this purpose, it
shall have the following duties and responsibilities:
(1)
Undertake and evaluate the planning, design,
construction, and works supervision functions of the Department for the
above mentioned infrastructure in the district;
(2) Undertake
the maintenance of the abovementioned
infrastructure within the district and supervise the maintenance of
such local roads and other infrastructure receiving national government
financial assistance as the Secretary may determine;
(3) Coordinate
with other departments, agencies,
institutions, and organizations, especially local government units
within the district in the planning and implementation of
infrastructure projects;
(4) Provide
technical assistance to other agencies at
the local level on public works planning, design, construction,
maintenance and other engineering matters including securing from the
Regional Office or, through the same office, assistance from the
Department Proper or Bureaus;
(5) Conduct
continuing consultations with the local
communities, take appropriate measures to make the services of the
Department responsive to the needs of the general public, compile and
submit such information to the Regional Office and recommend such
appropriate actions as may be necessary; and
(6) Perform
such other related duties and
responsibilities as may be assigned or delegated by the Secretary or as
may be required by law.
Sec. 23. District Engineer. — The District
Engineer of or within a province or city shall be accountable for the
efficient and effective conduct of the duties and responsibilities of
the District Office of which he is the head. Within his defined powers,
he shall exercise functional and administrative supervision over
district operations including the authority to recommend that field
resources and personnel be committed to integrated district-wide
development thrusts. He shall also perform such other related duties
and responsibilities as may be assigned or delegated by the Secretary
or as may be required by law.
Sec. 24. Equipment Services. — The Regional
Equipment Services, including regional depots and area shops are hereby
reorganized to undertake the management, repair, maintenance and
rehabilitation of construction and maintenance equipment. Each depot or
shop shall be operated, to the extent practicable, as a profit center.
The Regional Equipment Services shall be under the administrative
supervision of the Regional Director and technical supervision of the
Bureau of Equipment.
CHAPTER
6 — ATTACHED AGENCIES
Sec. 25. Attached Agencies and Corporations. —
Agencies and corporations attached to the Department shall continue to
operate and function in accordance with their respective
charters/laws/executive orders creating them. Accordingly, the
Metropolitan Waterworks and Sewerage System, the Local Water Utilities
Administration, the National Irrigation Administration, and the
National Water Resources Council, among others, shall continue to be
attached to the Department; while the Metropolitan Manila Flood Control
and Drainage Council, as reorganized, shall be attached to the
Department.
Title
VI
EDUCATION, CULTURE AND SPORTS
CHAPTER 1 — GENERAL PROVISIONS
Section 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:
1)
Establish, maintain and support a complete,
adequate, and integrated system of education relevant to the needs of
the people and society;
2) Establish
and maintain a system of free public
education in the elementary and high school levels. Without limiting
the natural right of parents to rear their children, elementary
education is compulsory for all children of school age;
3) Establish
and maintain a system of scholarship
grants, student loan programs, subsidies, and other incentives which
shall be available to deserving students in both public and private
schools, especially to the underprivileged;
4) Encourage
non-formal, informal, and indigenous
learning systems, as well as self-learning, independent, and
out-of-school study programs particularly those that respond to
community needs; and
5) Provide
adult citizens, the disabled, and
out-of-school youth with training in civics, vocational efficiency, and
other skills.
Sec. 2. Mandate. — The Department shall be
primarily responsible for the formulation, planning, implementation and
coordination of the policies, plans, programs and projects in the areas
of formal and non-formal education at all levels, supervise all
educational institutions, both public and private, and provide for the
establishment and maintenance of a complete, adequate and integrated
system of education relevant to the goals of national development.
Sec. 3. Powers and Functions. — To accomplish its
mandate and objectives, the Department shall have the powers and
functions of formulating, planning, implementing and coordinating the
policies, plans, programs and projects for the following:
(1)
Elementary, secondary, physical and international
education;
(2) Non-formal
and vocational or technical education;
(3) Higher
education;
(4)
Development of culture;
(5) Foreign
and locally assisted projects and other
activities relative to Subsections (1), (2), (3) and (4); and
(6) Perform
such other functions as may be provided
by law.
Sec. 4. Organizational Structure. — The
Department, aside from the Department Proper, shall consist of Bureau
and Regional Offices.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 5. Office of the Secretary. — The Office of
the Secretary shall be composed of the Secretary and his immediate
staff.
Sec. 6. Undersecretaries. — The Secretary shall be
assisted by five (5) Undersecretaries, each of whom shall be
responsible for the following:
(1)
Elementary education, secondary education,
physical education and international education programs and centers;
(2) Non-formal
education, vocational/technical
education, and youth organizations;
(3) Higher
education, cultural agencies, and foreign
assisted projects;
(4) Internal
administration and management, and
regional coordination; and
(5) Legal and
legislative affairs, and other attached
agencies and centers.
CHAPTER
3 — DEPARTMENT SERVICES
Sec. 7. Functions of the Services. — The Services
of the Department shall consist of the following:
(1)
The Planning Service shall be responsible for
providing the Department with economical, efficient, and effective
services relating to planning, programming, and project development;
(2) The
Financial and Management Service shall be
responsible for providing the Department with staff advice and
assistance on budgetary, financial, and management improvement matters;
(3) The
Administrative Service shall be responsible
for providing the Department with economical, efficient, and effective
services relating to legal assistance, information, records, supplies
or equipment, collection, disbursement, security and custodial work;
(4) The Human
Resources Development Service, shall:
(a)
Develop and administer a personnel program which
shall include selection and placement, classification and pay, career,
and employment development, performance rating, employee relations and
welfare services;
(b) Act on all
matters concerning attendance, leaves
of absences, appointments, promotions, and other personnel
transactions; and
(c) Conduct
training programs in the Department.
(5)
The Technical Service, which includes the Office
of the Head Executive Assistant and the Information and Publication
Service shall take charge of technical staff activities which cannot be
allocated to the four (4) other services.
CHAPTER
4 — BOARD OF HIGHER EDUCATION
Sec. 8. Organization. — The Board shall be
composed of an Undersecretary of the Department of Education, Culture
and Sports designated as Chairman and four other members to be
appointed by the President of the Philippines upon nomination by the
Secretary of Education, Culture and Sports for a term of four years.
The four members shall have distinguished themselves in the field of
higher education and development either in the public or private
sector. The Director of the Bureau of Higher Education shall
participate in the deliberation of the Board but without the right to
vote.
Sec. 9. Functions. — The Board of Higher Education
shall:
(1)
Articulate the policy and support the framework
for both public and private post-secondary education;
(2) Make
policy recommendations regarding the
planning and management of the integrated system of higher education
and the continuing evaluation thereof;
(3) Recommend
to the Secretary of Education, Culture
and Sports steps to improve the governance of the various components of
the higher education system at national and regional levels; and
(4) Assist the
Secretary of Education, Culture and
Sports in making recommendations relative to the generation of
resources and their allocation for higher education.
Sec. 10. Staff Assistance. — The Bureau of Higher
Education shall provide the Board with the necessary technical and
staff support; Provided, That the Board may create technical panels of
experts in the various disciplines as the need arises.
CHAPTER
5 — STATE COLLEGES AND UNIVERSITIES
Sec. 11. Governance. — By virtue of his
chairmanship of their boards of trustees as provided in their
respective charters, the Secretary, directly or through his
Undersecretaries, shall continue to govern state colleges and
universities.
CHAPTER
6 — BUREAUS AND OFFICES
Sec. 12. Bureau of Elementary Education. — The
Bureau of Elementary Education shall have the following functions:
(1)
Conduct studies and formulate, develop, and
evaluate programs and educational standards for elementary education;
(2) Undertake
studies necessary for the preparation
of prototype curricular designs, instructional materials and teacher
training programs for elementary education;
(3) Formulate
guidelines to improve elementary school
physical plans and equipment, and general management of these schools;
and
(4) Perform
such other functions as may be provided
by law.
Sec. 13. Bureau of Secondary Education. — The
Bureau of Secondary Education shall have the following functions:
(1)
Conduct studies and formulate, develop and
evaluate programs and educational standards for secondary education;
(2) Develop
curricular designs, prepare instructional
materials, and prepare and evaluate programs to upgrade the quality of
the teaching and non-teaching staff at the secondary level;
(3) Formulate
guidelines to improve the secondary
schools physical plants and equipment, and general management of these
schools; and
(4) Perform
such other functions as may be provided
by law.
Sec. 14. Bureau of Technical and Vocational
Education. — The Bureau of Technical and Vocational Education shall
have the following functions:
(1)
Collaborate with other agencies in the
formulation of manpower plans;
(2) Conduct
studies, formulate, develop and evaluate
post-secondary vocational technical staff, and formulate guidelines to
improve the physical plant and equipment of post-secondary
vocational-technical schools; and
(3) Develop
curricular designs and prepare
instructional materials, prepare and evaluate programs to upgrade the
quality of teaching and non-teaching staff, and formulate guidelines to
improve the physical plant and equipment of post-secondary,
vocational/technical schools.
Sec. 15. Bureau of Higher Education. — The Bureau
of Higher Education shall have the following functions:
(1)
Develop, formulate and evaluate programs,
projects and educational standards for higher education;
(2) Provide
staff assistance to the Board of Higher
Education in its policy and advisory functions;
(3) Provide
technical assistance to encourage
institutional development programs and projects;
(4) Compile,
analyze and evaluate data on higher
education; and
(5) Perform
other functions provided by law.
Sec. 16. Bureaus of Non-Formal Education. — The
Bureau of Non-Formal Education shall have the following functions:
(1)
Serve as a means of meeting the learning needs of
those unable to avail themselves of the educational services and
programs of formal education;
(2) Coordinate
with various agencies in providing
opportunities for the acquisition of skills necessary to enhance and
ensure continuing employability, efficiency, productivity, and
competitiveness in the labor market; and
(3) Serve as a
means for expanding access to
educational opportunities to citizens of varied interests, demographic
characteristics and socio-economic origins of status.
Sec. 17. Bureau of Physical Education and School
Sports. — The Bureau of Physical Education and School Sports shall have
the following functions:
(1)
Develop human resources through mass-based sports
education;
(2) Improve
the general fitness of the citizenry;
(3) Promote
social and cultural integration through
the revival of indigenous games and sports;
(4) Identify
and nurture sports talents and promote
excellence in sports, traditional games and other physical activities;
and
(5) Perform
such other functions as may be provided
by law.
CHAPTER
7 — REGIONAL OFFICES
Sec. 18. Organization. — The Department is hereby
authorized to establish, operate and maintain a Regional Office in each
of the administrative regions of the country. Each Regional Office
shall be headed by a Regional Director who shall be assisted by an
Assistant Regional Director. The Regional Director shall be responsible
for the School Divisions and their Superintendents within his
administrative region.
Sec. 19. Functions. — A Regional Office shall
have, within its administrative region, the following functions:
(1)
Formulate the regional plan of education based on
the national plan of the Department taking into account the specific
needs and special traditions of the region;
(2) Implement
laws, rules, regulations, policies,
plans, programs and projects of the Department;
(3) Provide
economical, efficient and effective
education service to the people;
(4) Coordinate
with regional offices of other
Departments, Offices and agencies in the region;
(5) Coordinate
with local government units; and
(6) Perform
such other functions as may be provided
by law.
CHAPTER
8 — ATTACHED AGENCIES
Sec. 20. Attached Agencies. — The following
agencies are hereby attached to the Department:
(1)
National Museum;
(2) National
Library;
(3) National
Historical Institute;
(4) Institute
of Philippine Languages;
(5)
Instructional Materials Corporation;
(6)
Instructional Materials Council;
(7)
Educational Development Projects Implementing
Task Force;
(8)
Educational Assistance Policy Council;
(9) National
Youth and Sports Development Board;
(10) National
Social Action Council;
(11) National
Board of Teachers;
(12) Boy
Scouts of the Philippines;
(13) Girl
Scouts of the Philippines; and
(14) Records
Management and Archives Office.
Sec. 21. Supervised and Controlled Agencies. — The
Department shall exercise supervision and control over the following
agencies:
(1)
Health and Nutrition Center; and
(2) National
Education Testing and Research Center.
Sec. 22. Functions and Duties. — The agencies
attached to as well as those under the supervision and control of 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.
CHAPTER
9 — MISCELLANEOUS PROVISIONS
Sec. 23. Medium of Instruction. — The Department
shall promulgate rules and the regulations on the medium of instruction
for all schools in accordance with the policy declared in Sec. 7,
Article XIV of the Constitution.
Sec. 24. School Year. — (1) The school year for
public and private schools shall consist of not less than forty (40)
weeks for the elementary and secondary levels, and thirty-six (36)
weeks for the college level or eighteen (18) weeks a semester.
2) The opening date shall be fixed by the Secretary,
but it shall not be earlier than the first day of June nor later than
the last day of July of each year unless prevented by fortuitous
events.
3) The long school vacation period shall likewise be
fixed by the Secretary taking into consideration the convenience of the
pupils and the special climatic conditions prevailing during the said
period.
4) The dates established for the long school vacation
shall not be changed oftener than one every five (5) years without
prior public hearing properly advertised in a newspaper of general
circulation or announced by the school authorities concerned.
Sec. 25. School Holidays. — All schools, whether
public or private, shall not hold classes on public holidays, whether
regular or special. On holidays especially proclaimed by the President,
the schools in the municipality, city or province affected by the
proclamation shall not hold classes. The Secretary may, by reason of
public calamity or emergency, order the closure of any school, public
or private, as may have been affected thereby for such period as
necessity may demand.
Sec. 26. School Sessions. — The regular daily
sessions of all public and private schools shall be held during the
hours fixed by the Secretary or his duly authorized representatives.
Except in college, no class sessions shall be held on Saturdays,
Sundays, or holidays unless to offset class sessions suspended by
competent authority.
Sec. 27. School Rituals. — (1) School rituals
prepared and prescribed by the Secretary shall be observed in all
public and private elementary and secondary schools in the Philippines.
2) The school rituals shall consist of solemn and
patriotic mass singing of the Philippine National Anthem and the
recitation of prescribed patriotic pledges.
3) The rituals shall be held in school premises as
often as may be practicable under the direction of the respective
school authorities.
Sec. 28. Flag Ceremony. — (1) All educational
institutions shall observe a simple and dignified flag ceremony,
including the playing or singing of the Philippine National Anthem.
2) The flag ceremony shall be conducted under the
rules and regulations issued by the Secretary.
3) Failure or refusal to observe the flag ceremony in
accordance with the rules and regulations issued by the Secretary
shall, after proper notice and hearing, subject the educational
institution concerned and its head to public censure as an
administrative punishment, which shall be published at least once in a
newspaper of general circulation.
4) Failure to observe for the second time the said
flag ceremony shall, after notice and hearing, be a ground for the
cancellation of the recognition or the permit of the private
educational institution concerned.
5) Any teacher or student or pupil who refuses to
join or participate in the flag ceremony may be dismissed after due
investigation .
Sec. 29. Local School Boards. — In every province,
city or municipality, there shall be established a Provincial School
Board, City School Board and Municipal School Board, respectively,
whose composition, powers, functions and duties shall be provided by
law.
Title
VII
LABOR AND EMPLOYMENT
CHAPTER 1 — GENERAL
PROVISIONS
Section 1. Declaration of Policy. — (1) The State
shall afford full protection to labor and promote full employment and
equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization,
collective bargaining negotiations, and peaceful concerted activities,
including the right to strike in accordance with law. They shall be
entitled to security of tenure, humane conditions of work, and a living
wage. They shall also participate in policy and decision-making
processes affecting their rights and benefits as may be provided by
law.
(2) The State shall promote the principle of shared
responsibility between workers and employers and the preferential use
of voluntary modes in settling disputes, including conciliation, and
shall enforce their mutual compliance therewith to foster industrial
peace.
(3) The State shall regulate the relations between
workers and employers, recognizing the right of labor to its just share
in the fruits of production and the right of enterprises to reasonable
returns on investments, and to expansion and growth.
Sec. 2. Mandate. — The Department shall be the
primary policy-making, programming, coordinating and administrative
entity of the Executive Branch of the government in the field of labor
and employment. It shall assume primary responsibility for:
(1)
The promotion of gainful employment opportunities
and the optimization of the development and utilization of the
country’s manpower resources;
(2) The
advancement of workers’ welfare by providing
for just and humane working conditions and terms of employment;
(3) The
maintenance of industrial peace by promoting
harmonious, equitable, and stable employment relations that assure
equal protection for the rights of all concerned parties.
Sec. 3. Powers and Functions. — The Department of
Labor and Employment shall:
(1)
Enforce social and labor legislation to protect
the working class and regulate the relations between the worker and his
employer;
(2) Formulate
and recommend policies, plans and
programs for manpower development, training, allocation, and
utilization;
(3) Recommend
legislation to enhance the material,
social and intellectual improvement of the nation’s labor force;
(4) Protect
and promote the interest of every citizen
desiring to work locally or overseas by securing for him the most
equitable terms and conditions of employment, and by providing social
and welfare services;
(5) Regulate
the employment of aliens, including the
enforcement of a registration or work permit system for such aliens, as
provided for by law;
(6) Formulate
general guidelines concerning wage and
income policy;
(7) Recommend
necessary adjustments in wage
structures with a view to developing a wage system that is consistent
with national economic and social development plans;
(8) Provide
for safe, decent, humane and improved
working conditions and environment for all workers, particularly women
and young workers;
(9) Maintain a
harmonious, equitable and stable labor
relations system that is supportive of the national economic policies
and programs;
(10) Uphold
the right of workers and employers to
organize and promote free collective bargaining as the foundation of
the labor relations system;
(11) Provide
and ensure the fair and expeditious
settlement and disposition of labor and industrial disputes through
collective bargaining, grievance machinery, conciliation, mediation,
voluntary arbitration, compulsory arbitration as may be provided by
law, and other modes that may be voluntarily agreed upon by the parties
concerned; and
(12) Perform
such other functions as may be provided
by law.
Sec. 4. Organizational Structure. — The Department
shall consist of the Office of the Secretary, and Undersecretaries and
Assistant Secretaries, the Services and Staff Bureaus, and the Regional
Offices.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 5. Office of the Secretary. — The Office of
the Secretary shall consist of the Secretary and his immediate staff.
Sec. 6. Joint RP-US Labor Committee Staff . —
There is hereby created in the Office of the Secretary a Joint RP-US
Labor Committee Staff which shall provide technical and other necessary
services to the Philippine panel in the Joint Labor Committee created
under the RP-US Base Labor Agreement and for other special projects.
The unit shall be headed by a Head Executive Assistant who shall be
assisted by five (5) staff assistants.
Sec. 7. Undersecretary. — The Secretary shall be
assisted by not more than four (4) Undersecretaries who shall be
appointed by the President upon the recommendation of the Secretary.
The Secretary is hereby authorized to delineate and assign the
respective functional areas of responsibility of the Undersecretaries.
Sec. 8. Assistant Secretaries. — The Secretary
shall likewise be assisted by not more than four (4) Assistant
Secretaries who shall be appointed by the President upon the
recommendation of the Secretary. The Secretary is hereby authorized to
delineate and assign the respective areas of functional responsibility
of the Assistant Secretaries. Within his functional area of
responsibility, the Assistant Secretary shall assist the Secretary and
Undersecretaries in the formulation, determination and implementation
of laws, policies, plans, programs and projects on labor and shall
oversee the day-to-day administration and supervision of the
constituent units of the Department.
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.
Sec. 10. Administrative Service. — The
Administrative Service shall provide the Department with efficient,
effective and economical services relating to records, management,
supplies, equipment, collections, disbursements, building
administration and maintenance, security and custodial work.
Sec. 11. Human Resource Development Service. — The
Human Resource Development Service shall provide the Department with a
program and corresponding projects that shall make available training,
education and development opportunities needed to upgrade the levels of
competence and productivity of Department managers and personnel. It
shall absorb the powers and functions of the Administrative Service in
relation to the development and administration of personnel programs
including selection and placement, development, performance evaluation,
employee relations and welfare.
Sec. 12. Financial Management Service. — The
Financial and Management Service shall be responsible for providing the
Department with efficient, effective and economical services relating
to budgetary, financial, management improvement and internal control
matters.
Sec. 13. Legal Service. — The Legal Service shall
provide legal advice and service to Department officers and employees;
prepare informative or clarificatory opinions on labor laws, rules and
regulations for uniform interpretation thereof; answer legal queries
from the public; assist the Office of the Solicitor General in suits
involving the Department or its officers or employees or act as their
principal counsel in all actions taken in their official capacity or
other causes before judicial or administrative bodies.
Sec. 14. International Labor Affairs Service. —
The International Labor Affairs Service shall be responsible for
monitoring the observance and implementation of all obligations,
courtesies, and facilities required by international labor affairs,
particularly the International Labor Organization, the Conference of
Asian Pacific Labor Ministries, the Association of Southeast Asian
Nations Labor Ministries Meeting, of which the Philippines is a member,
and related international labor standards and agreements reached in
various international labor forums, treaties, and other multilateral,
bilateral or multi-bilateral agreements in the area of labor and
employment; provide staff support and policy guidelines to the
Secretary in the supervision, monitoring and reporting of the
activities of the Philippine overseas labor officers assigned in
different countries; serve as the instrumentality of the Department for
technical cooperation, programs and activities with other countries and
international institutions.
Sec. 15. Information and Publication Service. —
The Information and Publication Service shall be responsible for
rapport and understanding between the Department and the public through
the development of public relations programs and the dissemination of
accurate and updated information on labor and employment, by means of
publications and media coverages of special events and related matters
on the Department’s policies, plans, programs, and projects; likewise,
it shall be responsible for providing answers to queries from the
public regarding the Department’s policies, rules, regulations,
programs, activities and services.
CHAPTER
4 — BUREAUS
Sec. 16. Bureau of Labor Relations. — The Bureau
of Labor Relations shall set policies, standards, and procedures on the
registration and supervision of legitimate labor union activities
including denial, cancellation and revocation of labor union permits.
It shall also set policies, standards, and procedure relating to
collective bargaining agreements, and the examination of financial
records of accounts of labor organizations to determine compliance with
relevant laws.
The Bureau shall also provide proper orientation to workers on their
schemes and projects for the improvement of the standards of living of
workers and their families.
Sec. 17. Bureau of Local Employment. — The Bureau
of Local Employment shall:
(1)
Formulate policies, standards and procedures on
productive manpower resources, development, utilization and allocation.
(2) Establish
and administer a machinery for the
effective allocation of manpower resources for maximum employment and
placement;
(3) Develop
and maintain a responsive vocational
guidance and testing system in aid of proper human resources
allocation;
(4) Regulate
and supervise private sector
participation in the recruitment and placement of workers locally under
such rules and regulations as may be issued by the Secretary;
(5) Establish
and maintain a registration or work
permit system to regulate employment of aliens;
(6) Develop
and maintain a labor market information
system in aid of proper manpower and development planning;
(7) Formulate
employment programs designed to benefit
disadvantaged groups and communities; and
(8) Perform
other functions as may be provided by
law.
Sec. 18. Bureau of Women and Young Workers. — The
Bureau of Women and Young Workers shall:
(1)
Formulate policies and promulgate orders, rules
and regulations implementing the provisions of the Labor Code affecting
working women and minors;
(2) Set
standards which shall protect the welfare of
the working women and minors, improve their working conditions,
increase their efficiency, secure opportunities for their profitable
employment and find ways for their economic, educational, social and
cultural advancement;
(3) Prepare
and recommend to the Secretary of Labor
and Employment the approval and issuance of such rules and regulations
necessary in the interpretation of all laws relating to the employment
of women and minors;
(4)
Undertake studies and submit recommendations on
the employment of women and minors in commercial, industrial and
agricultural establishments and other places of labor;
(5) Act as the
government’s clearinghouse of all
information relating to working women and minors;
(6) Undertake
development studies on the training
needs of women and minors and develop programs and projects to enhance
their productivity and effective participation in community
development;
(7) Protect
every child employed in the movie,
television, radio and entertainment industries against exploitation,
improper influences, hazards and other conditions or circumstances
prejudicial to his physical, mental, emotional, social and moral
development.
(8) Undertake
projects and in-service training
programs for working children to improve their potentials for
employment and their capabilities and physical fitness, increase their
efficiency, secure opportunities for their promotion, prepare them for
more responsible positions, and provide for their social, educational
and cultural advancement, in cooperation with labor and management; and
(9) Perform
such other functions as may be provided
by law.
Sec. 19. Bureau of Rural Workers. — The Bureau of
Rural Workers shall:
(1)
Assist rural workers, displaced farmers, and
migratory workers in seeking gainful employment;
(2) Conduct
studies and draw up programs for
re-training of displaced agricultural workers;
(3) Coordinate
with regional offices and local
government units in preparing a census of rural workers seeking
employment; and
(4) Perform
such other functions as may be assigned
by the Secretary.
Sec. 20. Bureau of Working Conditions. — The
Bureau of Working Conditions shall:
(1)
Develop and prescribe safety standards, measures
and devices; promote safety consciousness and habits among workers;
develop and evaluate occupational safety and health programs for
workers;
(2) Develop
plans, programs, standards and procedures
for the enforcement of laws relating to labor standards, including the
operation of boilers, pressure vessels, machinery, internal combustion
engines, elevators, electrical equipment, wiring installations, and the
construction, demolition, alteration and use of commercial and
industrial buildings and other workplaces;
(3) Prepare
rules and regulations, interpretative
bulletins and legal opinions relating to the administration and
enforcement of labor standards; and provide manuals and plan programs
for the training of field personnel;
(4) Provide
technical and legal assistance to the
Labor Standards Commission; and
(5) Perform
such other functions as may be provided
by law.
Sec. 21. Institute for Labor Studies. — The
Institute for Labor Studies shall be attached to the Department of
Labor and Employment. For policy and program coordination and
administrative supervision, the Institute shall absorb the research and
publication functions of the Institute of Labor and Manpower Studies.
The Institute, to be headed by an Executive Director, assisted by a
Deputy Executive Director, shall have the following functions:
(1)
Undertake research and studies in all areas of
labor and manpower policy and administration;
(2) Review the
rationale of existing legislation and
regulations and analyze the costs involved in the implementation of
such legislation against the benefits expected to be derived;
(3) Study and
develop innovative and indigenous
approaches towards the promotion of harmonious and productive
labor-management and the improvement of workers’ welfare services;
(4) Develop
and undertake research programs and
projects in collaboration with other national agencies to enhance the
Department’s capability to participate in national decision and policy
making;
(5) Enter into
agreements with international or
bilateral agencies for the carrying out of the foregoing functions;
(6) Expand the
scope of its research interests into
other countries and regions;
(7) Publish
its research studies for dissemination to
government as well as to all concerned parties; and
(8) Perform
such other functions as may be provided
by law.
Sec. 22. Bureau of Labor and Employment
Statistics. — The Bureau of Labor and Employment Statistics shall:
(1)
Formulate, develop and implement plans and
programs on the labor statistical system in order to provide the
government with timely, accurate and reliable data on labor and
employment;
(2) Conduct
nationwide surveys and studies which will
generate trends and structures on labor and employment;
(3) Develop
and prescribe uniform statistical
standards, nomenclatures and methodologies for the collection,
processing, presentation and analysis of labor and employment data;
(4) Establish
appropriate mechanisms for the
coordination of all statistical activities in the Department and for
collaboration with other government and private agencies including
international research organizations in the conduct of surveys and
studies in the area of labor and employment;
(5)
Disseminate statistical information and provide
statistical services or advice to the users by establishing a data bank
and issuing the Bureau’s statistical materials and research findings;
(6) Develop
and undertake programs and projects
geared toward enhancement of the technical competence of the Department
on theories, techniques and methodologies for the improvement of the
labor statistical system;
(7) Monitor
and exercise technical supervision over
the statistical units in the Department and its agencies; and
(8) Perform
such other functions as may be provided
by law or assigned by the Secretary.
Sec. 23. National Conciliation and Mediation
Board. — The National Conciliation and Mediation Board, shall absorb
the conciliation, mediation and voluntary arbitration functions of the
Bureau of Labor Relations. The Board shall be composed of an
Administrator and two (2) Deputy Administrators. It shall be an
attached agency under the administrative supervision of the Secretary
of Labor and Employment.
The Administrator and the Deputy Administrators shall be appointed by
the President upon recommendation of the Secretary of Labor and
Employment. There shall be as many Conciliators-Mediators as the needs
of the public service require, who shall have at least three (3) years
of experience in handling labor relations and who shall be appointed by
the Secretary. The Board shall have its main office in Metropolitan
Manila and its Administrator shall exercise supervision over
Conciliators-Mediators and all its personnel. It shall establish as
many branches as there are administrative regions in the country, with
as many Conciliators-Mediators as shall be necessary for its effective
operation. Each branch of the Board shall be headed by an Executive
Conciliator-Mediator.
The Board shall have the following functions:
(1)
Formulate policies, programs, standards,
procedures, manuals of operation and guidelines pertaining to effective
mediation and conciliation of labor disputes;
(2) Perform
preventive mediation and conciliation
functions;
(3) Coordinate
and maintain linkages with other
sectors or institutions, and other government authorities concerned
with matters relative to the prevention and settlement of labor
disputes;
(4) Formulate
policies, plans, programs, standards,
procedures, manuals of operation and guidelines pertaining to the
promotion of cooperative and non-adversarial schemes, grievance
handling, voluntary arbitration and other voluntary modes of dispute
settlement;
(5) Administer
the voluntary arbitration program;
maintain or update a list of voluntary arbitrations; compile
arbitration awards and decisions;
(6) Provide
counselling and preventive mediation
assistance particularly in the administration of collective agreements;
(7) Monitor
and exercise technical supervision over
the Board programs being implemented in the regional offices; and
(8) Perform
such other functions as may be provided
by law or assigned by the Secretary.
The Tripartite Voluntary
Arbitration Advisory Council, which is
attached to the National Conciliation and Mediation Board, shall advise
the National and Conciliation and Mediation Board on matters pertaining
to the promotion of voluntary arbitration as the preferred mode of
dispute settlement.
The Tripartite Voluntary
Arbitration Advisory Council shall consist of
the Administrator of the National Conciliation and Mediation Board as
Chairman, one other member from the government, two (2) members
representing labor, and two (2) other members representing management.
The members shall be appointed by the President to serve for a term of
three (3) years. The Chairman and Members shall serve without
compensation.
CHAPTER
5 — REGIONAL OFFICES
Sec. 24. Regional Offices, District Offices and
Provincial Extension Units. — The Department is hereby authorized to
establish, operate and maintain such Department-wide Regional Offices,
District Offices and Provincial Extension Units in each of the
administrative regions of the country, insofar as necessary to promote
economy and efficiency in the delivery of its services. Its Regional
Office shall be headed by a Regional Director who shall have
supervision and control thereof. The Regional Director, whenever
necessary, shall be assisted by an Assistant Regional Director. A
Regional Office shall have, within its regional areas, the following
functions:
(1)
Implement laws, policies, plans, programs,
projects, rules and regulations of the Department;
(2) Provide
economical, efficient and effective
service to the people;
(3) Coordinate
with regional offices of other
departments and agencies;
(4) Coordinate
with local government units; and
(5) Perform
such other functions as may be provided
by law or assigned by the Secretary.
CHAPTER
6 — ATTACHED AGENCIES
Sec. 25. Attached Agencies. — The following
agencies are attached to the Department for policy and program
coordination and administrative supervision:
(1)
National Wages Council;
(2) Philippine
Overseas Employment Administration;
(3) Employees’
Compensation Commission (ECC) which
shall include the Executive Director of the ECC as an ex officio member
of the Commission;
(4) The
National Manpower and Youth Council;
(5) The
National Labor Relations Commission;
(6) Overseas
Workers’ Welfare Administration;
(7) Maritime
Training Council; and
(8) National
Maritime Polytechnic.
Title
VIII
NATIONAL DEFENSE
Subtitle I
PRELIMINARY PROVISIONS
CHAPTER 1 — NATIONAL DEFENSE
POLICIES
Section 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.
(2) Civilian authority is, at all times, supreme over
the military. The Armed Forces of the Philippines is the protector of
the people and the State. Its goal is to secure the sovereignty of the
State and the integrity of the national territory.
CHAPTER
2 — NATIONAL SECURITY COUNCIL
Sec. 2. Declaration of Policies. — (1) The
formulation of integrated and rationalized national, foreign, military,
political, economic, social and educational policies, programs, and
procedures vital to the security of the state.
(2) The national interest requires that an agency
exist to formulate and adopt policies, programs, and procedures on all
matters pertaining to or affecting the national security so that
judgments and actions thereon by the President may rest on sound advice
and accurate information.
Sec. 3. Mandate. — The National Security Council
shall serve as the lead agency of the government for coordinating the
formulation of policies, relating to or with implications on the
national security.
Sec. 4. Composition. — The National Security
Council, hereinafter referred to as Council, shall be composed of the
President as Chairman, the Vice-President, the Secretary of Foreign
Affairs, the Executive Secretary, the Secretary of National Defense,
the Secretary of Justice, the Secretary of Labor and Employment, the
Secretary of Local Governments, the National Security Director, the
Chief of Staff of the Armed Forces of the Philippines (AFP), and such
other government officials and private individuals as the President may
appoint.
Sec. 5. Powers and Functions. — In addition to
such specific duties and responsibilities as the President may direct,
the Council shall:
(1)
Advise the President with respect to the
integration of domestic, foreign, military, political, economic,
social, and educational policies relating to the national security so
as to enable all concerned departments and agencies of the government
to meet more effectively, problems and matters involving the national
security;
(2) Evaluate
and analyze all information, events, and
incidents in terms of the risks they pose or implications upon or
threats to the overall security and stability of the nation, for the
purpose of recommending to the President appropriate action thereon;
(3) Formulate
and coordinate the implementation of
policies on matters of common interest to the various departments, and
agencies of the government concerned with the national security, and
make recommendations to the President in connection therewith;
(4) Insure
that policies adopted by the Council on
national security are effectively and efficiently implemented; and
(5) Make such
recommendations or render such other
reports as the President may from time to time require.
Sec. 6. Executive Committee. — The Council shall
have an Executive Committee composed of the President as Chairman, and
the Vice-President and Secretary of Foreign Affairs, the Executive
Secretary, the Secretary of National Defense, the National Security
Director, the Chief of Staff of the Armed Forces of the Philippines and
such other members or advisers as the President may appoint from time
to time.
The Executive Committee shall review national security and defense
problems and formulate positions or solutions for consideration by the
Council. It shall determine the agenda and order of business of the
Council, and shall ensure that decisions of the Council are clearly
communicated to the agencies involved. It shall advise the President on
the implementation of decisions.
To carry out the functions of the Executive Committee, the Chairman
shall utilize the facilities and expertise of any of the government
agencies and instrumentalities and shall promulgate rules and
regulations to govern the operations of the Executive Committee.
Sec. 7. Secretariat. — The Council shall have a
permanent Secretariat which shall be under the supervision and control
of the National Security Director. The National Security Director shall
be assisted by a Deputy who like the National Security Director, shall
be appointed by, and serve at the pleasure of, the President. The
National Security Director shall attend and participate in meetings of
the Cabinet and have the privileges of a member thereof.
Sec. 8. Duties of Director. — Among other duties,
the National Security Director shall advise the President on matters
pertaining to national security and, whenever directed by the
President, see to the implementation of decisions and policies by the
President or the National Security Council which have implications on
national security.
CHAPTER
3 — NATIONAL INTELLIGENCE COORDINATING AGENCY
Sec. 9. Functions. — The National Intelligence
Coordinating Agency, hereinafter referred to as the Agency, shall:
(1)
Serve as the focal point for coordination and
integration of government activities involving national intelligence;
(2) Prepare
intelligence estimates of local and
foreign situations for the formulation of national policies by the
President; and
(3) Provide
support and assistance to the National
Security Council.
Sec. 10. The Director-General. — The Agency shall
be headed by a Director-General who shall be assisted by a Deputy
Director-General. Both officials shall be appointed by the President
and shall hold office at the pleasure of the President.
Sec. 11. The Deputy-Director General. — The Deputy
Director-General shall assist the Director-General in the performance
of official functions and, in his absence, perform the functions of the
Director-General.
Sec. 12. Organizational Structure. — The
organization of the Agency shall consist of the following:
(1)
The Office of the Director-General which shall
undertake the overall management and operation of the various
components of the agency, provide executive staff support, public
relations, legal service, and internal audit for the Agency;
(2) The
Directorate for Operations, headed by the
Assistant Director-General for Operations, which shall be responsible
for the collection of information;
(3) The
Directorate for Production, headed by the
Assistant Director-General for Production, which shall be responsible
for the preparation of intelligence estimates and other reports, and
the maintenance of automated data processing for the Agency;
(4) The
Directorate for Administration, headed by the
Assistant Director-General for Administration, which shall be
responsible for personnel and training, transportation and
communications, supplies and materials, grounds and building
maintenance, security, and other support services;
(5) The
Management and Planning Office which shall
formulate plans, policies and programs on the direction, integration
and coordination of national intelligence activities and on the
operation and management improvement of the Agency;
(6) The Office
of the Comptroller which shall,
provide financial management and control for the Agency; and
(7) As many
Field Stations as may be determined by
the Director-General which shall undertake intelligence collection
activities and provide reports necessary for the preparation of
assessments and estimates.
The organization and staffing
pattern of the Agency shall be
recommended by the Director-General for approval of the President.
Sec. 13. Administrative Supervision By the
National Security Council. — The Agency shall be under the
administrative supervision of, and give support services to, the
National Security Council; however, the agency may report directly to
the President, as the President may require.
Sec. 14. National Intelligence Board. — (1)
The National Intelligence Board shall serve as an advisory body to the
Director of the Agency, on matters pertaining to the integration and
coordination of intelligence activities, and shall make recommendations
on such matters as the Director may from time to time submit to it for
consideration.
(2) The members of the National Intelligence Board
shall be appointed by the President. The National Security Director may
sit in all meetings of the Board.
Subtitle
II
DEPARTMENT OF NATIONAL DEFENSE
CHAPTER 1 — GENERAL PROVISIONS
Sec. 15. Declaration of Policy. — The defense
establishment shall be maintained to maximize its effectiveness for
guarding against external and internal threats to national peace and
security and provide support for social and economic development.
Sec. 16. General Military Council. — The General
Military Council shall advise and assist the Secretary in the
formulation of military policies and shall consider and report on such
other matters as the Secretary may direct. The Council shall be
composed of the Secretary as Chairman; and the Undersecretary of
National Defense, the Chief of Staff, the Vice-chief of Staff, the
Assistant Chief of Staff of the Armed Forces of the Philippines, and
the Commanders of the Major Services, as members. The Deputy Chief of
Staff of the Armed Forces of the Philippines shall be the Secretary of
the Council.
Sec. 17. Prohibition on Detail of AFP Personnel. —
No member of the armed forces in the active service shall, at any time,
be appointed or designated in any capacity to a civilian position in
the Government including government-owned or controlled corporations or
any of their subsidiaries.
Sec. 18. Organizational Structure. — The
Department shall be composed of the Secretary, the Undersecretary and
Assistant Secretaries and their immediate staffs as determined by them
respectively, and such other bodies as are provided by law.
The Government Arsenal, Office of Civil Defense, Philippine Veterans
Affairs Office, Armed Forces of the Philippines, National Defense
College of the Philippines and the Integrated National Police shall be
under the supervision and control of the Department, except as may be
provided by special laws.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 19. Office of the Secretary. — The Office of
the Secretary shall consist of the Secretary and his immediate staff as
determined by him.
Sec. 20. Office of the Undersecretary. — The
functions of the Undersecretary shall be as follows:
(1)
Advise and assist the Secretary in the
formulation and implementation of Department’s objectives and policies;
(2) Oversee
all the operational activities of the
Department for which he shall be responsible to the Secretary;
(3) Coordinate
the programs and projects of the
Department, and be responsible for its economical, efficient, and
effective administration;
(4) Serve as
deputy to the Secretary, in all matters
relating to the operations of the Department; and
(5) Perform
such other functions as may be provided
by law.
When the Secretary is unable to perform his duties owing to illness,
absence, or other cause, as in case of vacancy in the Office, the
Undersecretary shall temporarily perform the functions of said Office.
Sec. 21. Executive Staff . — The Executive Staff
shall be composed of the Staff for Plans and Programs, Staff for
Installation and Logistics, Staff for Public Affairs, Staff for
Strategic Assessment, Staff for Comptrollership, Staff for Personnel,
and the Legal Service.
Sec. 22. The Service Staff . — The Service Staff
shall be composed of the Administrative Services Office, and
Information Management Office.
Sec. 23. Personal Staff . — There shall be a
Personal Staff as may be determined by the Secretary.
CHAPTER
3 — GOVERNMENT ARSENAL
Sec. 24. Organization. — The Government Arsenal
shall be headed by a Director who shall be assisted by one or more
Assistant Directors. It shall have staff and operating units provided
by law.
Sec. 25. Qualification. — The Director and
Assistant Directors shall have the expertise, training or experience in
the field of munitions.
Sec. 26. Functions. — (1) The Arsenal shall:
(1)
Establish, operate, and maintain government
arsenal;
(2) Formulate
plans and programs to achieve
self-sufficiency in arms, mortars and other weapons and munitions;
(3) Design,
develop, manufacture, procure, stockpile,
and allocate arms, mortars and other weapons and munitions without the
necessity of obtaining any permits or licenses, and devise ways and
means for the efficient mobilization of civilian industry to augment
the production of the Arsenal in times of emergency; and
(4) Perform
such other functions as may be provided
by law.
CHAPTER
4 — OFFICE OF CIVIL DEFENSE
Sec. 27. Organization. — The Office of Civil
Defense shall be headed by an Administrator who shall be assisted by a
Deputy Administrator. The Office shall have staff and operating units
as may be provided by law.
Sec. 28. Functions. — The Office shall:
(1)
In times of war and other national emergencies of
equally grave character, coordinate the activities and functions of
various government agencies and instrumentalities, as well as of
private institutions and civic organization devoted to public welfare
to maximize the utilization of the facilities and resources of the
entire nation for the protection and preservation of the civilian
population and property;
(2) Establish
and administer a comprehensive national
civil defense and assistance program to include the estimation of the
total material, manpower fiscal requirements for carrying out the said
program and coordinate the allocation to local government units such
aid in facilities, materials and funds as may be made available by the
national government;
(3) Furnish
guidance and coordinate the activities of
the national government, local governments, private institutions and
civic organization for civil preparedness;
(4) Develop
and coordinate a program for informing,
educating and training the public on civil defense measures and
activities; and
(5) Perform
such other functions as may be provided
by law.
Sec. 29. Operating Services. — The Administrator
shall, subject to the approval of the Secretary of National Defense,
prescribe the organization, functions, duties and responsibilities of
civil defense units on the national and local government levels, in
connection with the various operating units for civil defense. Civil
defense operating units shall be established for the national and local
government defense organizations. The local units shall operate under
the supervision and control of the respective heads of the local
government civil defense organizations to which they appertain.
Sec. 30. Basic, Technical and Administrative
Services. —
(1)
The basic services of the AFP shall be composed
of the Major Services. Enlisted personnel of the standing force and the
reserve force must belong to one of the basic services.
(2) The
technical services of the AFP shall be
composed of the Medical Corps, Dental Service, Nurse Corps, Veterinary
Corps and the Judge Advocate General Service.
(3) The
administrative services shall consist of the
Chaplain Service, Women Auxiliary Corps, Medical Administrative Corps
and the Corps of Professors.
(4)
Appropriate military occupational specialties may
be prescribed by the Chief of Staff for each of the basic, technical
and administrative services.
(5)
Appointment of officers to the basic, technical
and administrative services, and enlistment in the basic service shall
be governed by rules and regulations prescribed by the Secretary of
National Defense.
CHAPTER
5 — PHILIPPINE VETERANS AFFAIRS OFFICE
Sec. 31. Organization. — The Philippine Veterans
Affairs Office shall be headed by an Administrator who may be assisted
by one Deputy Administrator. It shall have staff and operating units
provided by law.
Sec. 32. Functions. — The Office shall:
(1)
Formulate and promulgate, subject to the approval
of the Secretary of National Defense, policies, rules and regulations
governing the adjudication and administration of veterans claims and
benefit;
(2) Adjudicate
and administer benefits, pensions and
other privileges granted to veterans, their heirs and beneficiaries;
(3) Provide
medical care and treatment to veterans
pursuant to existing law;
(4)
Administer, develop, and maintain military
shrines;
(5) Formulate
policies concerning the affairs,
placement and training of ex-servicemen, and assist their widows and
dependents, and other retired military personnel; and
(6) Perform
such other functions as may be provided
by law.
CHAPTER
6 — ARMED FORCES OF THE PHILIPPINES
Sec. 33. Functions. — The Armed Forces of the
Philippines (AFP) shall:
(1)
Uphold the sovereignty, support the Constitution,
and defend the territory of the Republic of the Philippines against all
enemies, foreign and domestic;
(2) Promote
and advance the national aims, goals,
interests and policies;
(3) Plan,
organize, maintain, develop and deploy its
regular and citizen reserve forces for national security; and
(4) Perform
such other functions as may be provided
by law or assigned by higher authorities.
Sec. 34. Composition. — (1) The AFP shall be
composed of a citizen armed force which shall undergo military training
and serve, as may be provided by law. It shall be organized and
maintained in a manner that shall render it capable of rapid expansion
from a peacetime organization to a wartime or emergency organization.
The AFP shall keep a regular force necessary for the security of the
State. The officers and men of the regular force shall be recruited
proportionately from all provinces and cities as far as practicable.
(2) The Standing Force shall be composed of regular
officers and enlisted personnel; reservists called to active duty;
draftees; trainees and government-sponsored Filipino cadets enrolled in
local or foreign military schools. In time of peace, the size and
composition of the Standing Force shall be prescribed by the Secretary
of National Defense, upon recommendation of the Chief of Staff.
(3) The Citizen Armed Force shall be composed of all
reservists, and officers and enlisted men on inactive status. All
Able-bodied citizens shall undergo military training, after which they
shall become reservists with appropriate ranks. All reservists in a
particular locality shall be organized into reserve geographical units
subject to call and mobilization as the need arises, individually or as
a unit. The Secretary of National Defense shall prescribe and implement
a continuing program of recruitment and training for the Citizen Armed
Force to enable it to respond to all types of threats to national
security.
Sec. 35. Organizational Structure. — The AFP shall
consist of the General Headquarters; the Major Services namely: the
Philippine Army, the Philippine Air Force, the Philippine Navy and,
until otherwise provided by law, the Philippine Constabulary; and other
existing units, services and commands of the AFP. The Secretary of
National Defense may, in accordance with the policies or directives of
the President, create additional units, services and commands, or
reorganize the AFP in response to any situation or in pursuance of
operational or contingency plans. No Major Service may be unfilled,
inactivated or merged with another Service, without the approval of the
Congress.
Sec. 36. Basic, Technical and Administrative
Service. — (1) The basic services of the AFP shall be composed of the
major services. Enlisted personnel of the standing force and the
reserve force must belong to one of basic services.
(2) The technical services of the AFP shall be
composed of Medical Corps, Dental Service, Nurse Corps, Veterinary
Corps and the Judge Advocate General Service.
(3) The administrative service shall consist of the
Chaplain Service, Women Auxiliary Corps, Medical Administrative Corps
and the Corps of Professors.
(4) Appropriate military occupational specialties may
be prescribed by the Chief of Staff for each of the basic, technical
and administrative services.
(5) Appointment of officers to the basic, technical
and administrative by rules and regulations prescribed by the Secretary
of National Defense.
Sec. 37. The Citizen Armed Forced. — (1) The
Secretary of National Defense shall cause the organization of the
Citizen Armed Force into Geographical Units throughout the country. The
Citizen Armed Force Geographical Units shall consist of cadre of
officers and men in the Standing Force and all qualified reservists
residing in a particular locality. The cadre may, however, be assigned
to another unit in the active force while the Geographical Units to
which they are assigned are on inactive status.
(2) Whenever dictated by military necessity, and upon
the recommendation of the Secretary of National Defense and approved by
the President, the Citizen Armed Force may be called or mobilized to
complement the operations of the regular force of the AFP or to support
the regular force formations or units. For this purpose, Active
Auxiliary Units which shall be part of the Citizen Armed Force
Geographical Units, may be utilized, to be constituted out of
volunteers to be screened in consultations with the local executives
and civic business leaders. The status of Active Auxiliary Units shall
be of a degree of activation of military reservists short of full
active duty status. They shall not be vested with law-enforcement or
police functions.
(3) All members of the Citizen Armed Force on
training or service shall be subject to military law and the Articles
of War.
Sec. 38. Tactical and Territorial Organization. —
Unless otherwise prescribed by law, the major services and other units
of the AFP may be organized into such commands, forces and
organizations as may be prescribed by the Secretary of National
Defense. For this purpose, the territory of the Philippines may be
divided into such tactical and geographical areas and zones or regions
and districts as the Secretary of National Defense may direct.
Sec. 39. Organizational Principles. — The
organizational structure of the AFP shall provide for:
(1)
Centralized direction and control of General
Headquarters to insure unity and coordination of efforts throughout the
military establishment;
(2)
Decentralized execution of operations to the
Major Services and other separate units to achieve maximum operational
efficiency within the military establishment;
(3) Common
doctrine, standardized procedures and
techniques throughout the military establishment to assure common
understanding among all its forces and elements, facilitating thereby
the attainment of maximum operational efficiency and effectiveness;
(4)
Development of self-reliance concepts for each
Major Service to insure national defense and security and maximum
utilization of resources; and
(5)
Development of the capability to participate in
the infrastructure projects of the government.
CHAPTER
7 — GENERAL HEADQUARTERS
Sec. 40. Functions. — The General Headquarters,
AFP, shall:
(1)
Serve as military advisor and staff to the
Secretary of National Defense;
(2) Prepare
strategic plans and provide for the
strategic direction of the AFP, including the direction of operations
of unified or specified commands;
(3) Prepare
integrated logistic responsibilities in
accordance with those plans;
(4) Prepare
integrated plans for military
mobilization;
(5) Provide
adequate, timely and reliable joint
intelligence for use within the Department;
(6) Review
major personnel, material and logistic
requirements of the AFP in relation to strategic and logistic plans;
(7) Review
plans and programs of the Major Services
and separate units to determine their adequacy, feasibility and
suitability for the performance of their respective detailed plans;
(8)
Participate in the preparation of combined plans
or military action in conjunction with the armed forces of other
nations;
(9) Recommend
to the Secretary of National Defense
the establishment and force structure of unified or specified commands;
(10) Determine
the headquarters support, such as
facilities, personnel and communications required by unified or
specified commands, and assign the responsibility of providing that
support to appropriate Major Services;
(11) Prepare
and submit to the Secretary of National
Defense for his consideration in the preparation of budgets and
statements of military requirements based upon strategic war plans,
tasks, priority of tasks, force requirements, and general strategic
guidance for the development of military force;
(12) Advise
and assist the Secretary of National
Defense on research and engineering matters by submitting periodic
reports on board strategic guidance, overall military requirements, and
relative military importance of development activities to meet the
needs of the AFP;
(13) Prepare
and submit to the secretary of National
Defense recommendations to appropriate agencies concerning general
strategic guidance for the development of industrial mobilization
programs;
(14) Formulate
policies and guidelines on the
organization of the Major Services and other elements of the military
establishment, the training of military forces, the employment of
forces in the prosecution of tasks required by law, and the employment
of forces to assist government agencies in the implementation of laws
and regulations when so directed by higher authorities; and
(15) Perform
such other functions as may be provided
by law or assigned by higher authorities.
Sec. 41. Composition. — the General Headquarters
shall be the command and control element of the AFP. It shall be
composed of the Office of the Chief of Staff, Office of the Vice-Chief
of Staff, the AFP General Staff, and other staff offices and units
necessary for effective command and control of the AFP.
Sec. 42. The Chief of Staff . — (1) The Chief of
Staff, under the authority and direction of the President and the
Secretary of National Defense shall be responsible for the development
and execution of the national defense programs and armed forces
mission; and prescribe, in accordance with policies of the Secretary of
National Defense, the organization, powers, functions and duties of the
various staff, services, installations and other units of the AFP.
(2) The President shall nominate and with the consent
of the Commission on Appointments, appoint the Chief of Staff from
among the general and flag officers of the basic services. He shall
hold the grade of general (Four-Star) and shall if eligible be retired
in such a grade, upon relief from his assignment.
(3) The tour of duty of the Chief of Staff shall not
exceed three (3) years. However, in times of war or other national
emergency declared by the Congress, the President may extend such tour
of duty.
Sec. 43. Vice-Chief of Staff . — The Vice-Chief of
Staff shall be the principal assistant of the Chief of Staff and shall
perform the functions of the Chief of Staff during the latter’s absence
or disability. He shall be appointed in the same manner as the Chief of
Staff and shall hold the grade of Lieutenant General (Three-Star). He
shall be retired in that grade if eligible for retirement after his
relief from his assignment, unless appointed as Chief of Staff.
Sec. 44. The AFP General Staff . — The AFP General
Staff shall advise and assist the Chief of Staff in the performance of
his functions and in the accomplishment of the tasks of the General
Headquarters. It shall be headed by the Deputy Chief of Staff, who
shall be appointed by the Chief of Staff. The AFP General Staff shall
be a joint staff. The various General Staff Offices shall each be
headed by a Deputy Chief of Staff whose appointment and tenure shall be
determined by the Chief of Staff. The organization, functions and
duties of the General Staff shall be prescribed by the Chief of Staff.
Sec. 45. Authority to Reorganize the General
Headquarters. — (1) The Secretary of National Defense, upon
recommendation of the Chief of Staff in the interest of efficiency and
economy, may:
(a)
Establish and organize staffs, offices and units
in the General Headquarters in addition to the Armed Forces General
Staff, and prescribe the titles, functions and duties of their members;
(b) Abolish
existing staffs, offices and units in the
General Headquarters not specifically provided in this Chapter or by
any other provision of law, or transfer or consolidate their functions
and duties with other staffs, offices or units; and
(c) Abolish
the position of any Deputy Chief of Staff
or any general staff office and transfer or consolidate its functions
and duties with those of another Deputy Chief of Staff or General Staff
Office
(2) If the President does not prescribe otherwise,
the organization, functions, and duties of various staffs, offices and
units in the General Headquarters shall continue as provided under
existing laws and regulations not in conflict with provisions of this
Chapter.
CHAPTER
8 — MAJOR SERVICES
Sec. 46. Organization.— The Major Services shall
be organized by the Chief of Staff in accordance with the policies laid
down by the Secretary of National Defense. The commanders of the Major
Services shall hold such grade as provided by law, and shall be
appointed by the President upon the recommendation of the Secretary of
National Defense.
Sec. 47. General Provisions. — The Secretary of
National Defense, upon recommendation of the Chief of Staff, AFP, shall
assign to the Major Services specific functions in support of the
overall responsibilities of the AFP and the Department.
Sec. 48. The Philippine Army. — The Philippine
Army shall be responsible for the conduct of operations on land, in
coordination with the other Major Services. It shall be organized as
prescribed by the Secretary of National Defense, upon recommendation of
the Chief of Staff.
Sec. 49. Functions. — The Philippine Army shall:
(1)
Organize, train and equip forces for the conduct
of prompt and sustained operations on land;
(2) Prepare
such units as may be necessary for the
effective prosecution of the national defense plans and programs and
armed forces missions, including the expansion of the peacetime army
component to meet any emergency;
(3) Develop,
in coordination with the other Major
Services, tactics, techniques and equipment of interest to the army for
field operations;
(4) Organize,
train and equip all army reserve units;
and
(5) Perform
such other functions as may be provided
by law or assigned by higher authorities.
Sec. 50. The Philippine Air Force. — The
Philippine Air Force shall be responsible for the air defense of the
Philippines. It shall be organized as prescribed by the Secretary of
National Defense, upon recommendation of the Chief of Staff.
Sec. 51. Functions. — The Philippine Air Force
shall:
(1)
Organize, train, and equip forces for prompt and
sustained air operations for the defense of the Philippines;
(2) Organize,
train, and equip for airlift, airborne
and tactical air operations unilaterally or in coordination with
surface forces;
(3) Formulate
and develop doctrines, concepts,
systems, policies, procedures, strategies, tactics and techniques for
operations peculiar to the Air Force;
(4) Organize,
train, and equip all air force reserve
units; and
(5) Perform
such other functions as may be provided
by law or assigned by higher authorities.
Sec. 52. The Philippine Navy. — The Philippine
Navy shall be responsible for the naval defense of the Philippines. It
shall be organized as prescribed by the Secretary of National Defense,
upon recommendation of the Chief of Staff.
Sec. 53. Functions. — The Philippine Navy shall:
(1)
Organize, train and equip forces for prompt and
sustained naval operations;
(2) Prepare
the necessary naval units for the
effective enforcement of all applicable laws upon the Philippine seas
and waters, the prosecution of national defense plans and programs and
armed forces missions, including the expansion of a peacetime navy
component to meet any emergency;
(3) Formulate
and develop doctrines, concepts,
systems, policies, procedures, strategies, tactics and techniques for
operations peculiar to the Navy;
(4) Enforce
laws and regulations pertaining to
navigation safety of life at sea, immigration, customs revenues,
narcotics, quarantine, fishing and neutrality of the territory
contiguous waters of the Philippines;
(5) Organize,
train and equip all naval reserve
units; and
(6) Perform
such other functions as may be provided
by law of assigned by higher authorities.
Sec. 54. The Philippine Coast Guard. — The
Philippine Coast Guard shall remain as a major subordinate unit of the
Philippine Navy and assigned functions pertaining to safety of life at
sea as vested in it by law.
Sec. 55. The Philippine Constabulary. — Unless
otherwise provided by law, the Philippine Constabulary, as the national
police force, shall be primarily responsible for the preservation of
peace and order and the enforcement of laws throughout the Philippines.
It shall be organized, trained and equipped primarily as a law
enforcement agency. It shall be organized as prescribed by the
Secretary of National Defense upon recommendation of the Chief of
Staff.
Sec. 56. Functions. — (1) The Philippine
Constabulary shall:
(a)
Prevent and suppress lawless violence, rebellion,
insurrection, riots, brigandage, breaches of the peace and other
disturbances, and see to it that perpetrators of those offenses are
brought to justice;
(b) Organize,
retain, equip and prepare its forces
for effective law enforcement operations and police duties;
(c) Organize,
train and equip constabulary draftees,
reservists and reserve units;
(d) Develop
tactics, techniques, organization,
weapons, equipment and supplies essential to the accomplishment of its
missions; and
(e) Perform
such other functions as may be provided
by law or assigned by higher authorities.
(2) In times of war or national emergency, the
Philippine Constabulary or any of its subordinate units may be employed
jointly with, or in support of the operations of, the other Major
Services, as the President may direct.
Sec. 57. Authority of Constabulary Officers and
Enlisted Personnel. — (1) Commissioned officers and enlisted personnel
of the Philippine Constabulary, as peace officers, shall execute lawful
warrants and orders of arrest issued against any person for any
violation of law.
(2) The Philippine Constabulary shall have police
jurisdiction throughout the Philippines.
(3) When the constabulary forces in any area are
unable to cope effectively with violations of law, the Secretary of
National Defense in accordance with the policies or directives of the
President, may assign or detail commissioned officers and enlisted
personnel of the Army, Air Force, or Navy, to the Philippine
Constabulary or any of its subordinate units. The officers and enlisted
personnel so assigned or detailed shall have the authority and duties
of peace officers and shall be governed by the provisions of this
section for the duration of their assignment or detail.
CHAPTER
9 — PHILIPPINE MILITARY ACADEMY
Sec. 58. Organization. — (1) The Philippine
Military Academy is the primary training and educational institution of
the AFP. It shall be the primary sources of regular officers of the
Standing Force.
(2) The Academy shall be organized as prescribed by
the Secretary of National Defense, upon recommendation of the Chief of
Staff, AFP.
(3) The student body of the Academy shall be known as
the Cadet Corps of the Armed Forces of the Philippines (CC-AFP) and
shall have such strength as the Secretary of National Defense shall
determine upon the recommendation of the Chief of Staff, and within the
strength limited by the annual Appropriation Act.
(4) There shall be an Academic Board organized by the
Chief of Staff, which shall be composed of not more than fifteen (15)
members selected from the officers of the Academy upon recommendation
of the Superintendent. The Board shall, in accordance with the rules
and regulations prescribed by the Chief of Staff, have the power to
confer baccalaureate degrees upon the cadets who satisfactorily
complete the approved course of study.
Sec. 59. Functions. — The Academy shall prepare
the candidates for commission in the regular force of the AFP and shall
instruct, train and develop cadets so that each graduate shall possess
the characters, the broad and basic military skills and the education
essential to the successful pursuit of a progressive military career.
CHAPTER
10 — NATIONAL DEFENSE COLLEGE OF THE PHILIPPINES
Sec. 60. Organization and Administration. — (1)
The National Defense College of the Philippines, hereafter referred to
as the College, shall be under the direction, supervision and control
of the Secretary of National Defense.
(2) The College shall be headed by a President who
shall administer the affairs of the College with the assistance of an
Executive Vice-President, a Vice-President for Academic Affairs, a
Vice-President for Administrative Affairs and a Vice-President for
Research and Special Studies. The Executive Vice-President shall act
for the President in his absence and shall perform such other functions
as may be assigned to him by the President.
(3) The Vice-President for Academic Affairs shall be
responsible for the development, implementation, supervision and
evaluation of academic programs; the Vice-President for Administrative
Affairs, for the overall administrative support to all the activities
of the College; and the Vice-President for Research and Special
Studies, on the conduct of research work and special studies.
(4) The College shall have an Academic Board to
assist the President discharge the following functions:
(a)
Supervise the academic affairs of the College;
(b) Recommend
academic consultants, professors,
lecturers, instructors, research assistants and other resource persons
of the College; and
(c) Recommend
the courses of studies to be conducted
by the College to accomplish its objectives.
The Board shall be composed of the Vice-President for Academic Affairs
as Chairman, and the Heads of the various academic disciplines as
members, who shall be designated by the President subject to the
approval of the Secretary of National Defense.
(5) All resource persons of the College including but
not limited to academic consultants, professors, lecturers, instructor,
thesis advisers, members of examining and evaluating panels, examiners,
correctors, and technicians who are regularly employed in the
Government shall, in addition to their salaries, be entitled to receive
honoraria, fees and other emoluments fixed by the Secretary of National
Defense.
Sec. 61. Powers and Functions. — (1) The College
shall train and develop the skills and competence of potential national
defense leaders, civilian officials of the different agencies and
instrumentalities of the Government, and selected executives from the
private sector in the formulation and implementation of national
security policies, and for high command and staff duty.
(2) The College shall have the power to confer the
degree of Master in National Security Administration (MNSA) upon all
its students who have satisfactorily completed the prescribed course of
study.
Sec. 62. Graduates of the Regular Course of the
College. — (1) Graduates of the College will receive for purposes of
promotion to key and sensitive positions in the military and civilian
offices, preferential consideration and/or credit points in the grade
or class of their respective positions.
(2) All civilian graduates who are holders of the
degree of Master in National Security Administration shall qualify for
appointment to the initial rank of Lieutenant Colonel in the reserve
force of the Armed Forces of the Philippines.
(3) Authority to use with honor the abbreviation MNSA
after their names is hereby given to all graduates of the regular
course of the College.
CHAPTER
11 — INTEGRATED NATIONAL POLICE
Sec. 63. Composition. — Unless otherwise provided
by law, the Integrated National Police shall be composed of the
Philippine Constabulary as the nucleus and the Integrated Police Force,
Fire Services and Jail Management Services as components, under the
Department of National Defense.
Sec. 64. Organizational Structures. — The Chief of
Constabulary shall prescribe, subject to the approval of the Secretary
of National Defense, the table of organization and equipment, ranks,
and position titles, functions, duties and powers of the various
staffs, services, installations and other units of the Integrated
National Police. The different headquarters of the Philippine
Constabulary in the national, zone or regional and provincial levels
shall be the nuclei of the corresponding headquarters of the Integrated
National Police. The appropriate offices in the different headquarters
levels may be jointly staffed by the constabulary, police, jail and
fire service officers and personnel so that an integrated police and
public safety services would be effectively discharged.
Sec. 65. Head of the Integrated National Police. —
The Chief of Constabulary to be known as Director-General shall be the
head of the Integrated National Police. He shall have command of all
elements thereof. He may issue from time to time instructions regarding
personnel, funds, records, property, correspondence and such other
matters to carry out the provisions of this Chapter. As
Director-General, the Chief of Constabulary shall be assisted by the
Deputy Chiefs of Constabulary, the general staff and the special,
administrative and technical staffs of the Philippine Constabulary.
Sec. 66. Functions. — The Integrated National
Police shall:
(1)
Enforce law and maintain peace and order;
(2) Insure
public safety;
(3) Prevent
and control fires;
(4) Administer
city and municipal jails; and
(5) Perform
such other functions provided by law or
assigned by higher authorities.
Sec. 67. Authority of the President Over the
Integrated National Police. — In the exercise of its power to maintain
peace, law, order, and public safety, the Integrated National Police
shall be subject to the command and supervision and control of the
President and shall function directly under the Secretary of National
Defense.
CHAPTER
12 — ATTACHED AGENCIES
Sec. 68. Attached Agencies. — Agencies which are
attached to the Department shall operate in accordance with their
respective organizational structures and perform the functions and
duties assigned to them by law, subject to the requirements of economy,
efficiency, and effectiveness.
Subtitle
III
THE NATIONAL POLICE COMMISSION
Sec. 69. Declaration of Policy. — (1) The State
shall establish and maintain one police force which shall be national
in scope and civilian in character, to be administered and controlled
by a national police commission and shall provide, by law, the
authority of local executives over the police units in their
jurisdiction.
(2) The maintenance of peace and order, the
protection of life, liberty, and property, and the promotion of the
general welfare are essential for the enjoyment by all the people of
the blessings of democracy.
Sec. 70. The National Police Commission. — Unless
otherwise provided by law, the National Police Commission shall be
under the control and supervision of the Office of the President and
shall continue to operate in accordance with its present organizational
structure and perform the functions and duties assigned to it by law.
Sec. 71. Powers and Functions. — As provided by
law, the Commission shall exercise the following functions:
(1)
Investigate, decide, and review administrative
cases against members of the Integrated National Police;
(2) Adjudicate
death and permanent disability benefit
claims of members of the Integrated National Police;
(3) Administer
appropriate examinations for the
police, fire and jail services;
(4) Attest
appointments of members of the Integrated
National Police;
(5) Inspect
and audit the performance of the
Integrated National Police;
(6) Prepare a
National Crime Prevention Program and
coordinate its implementation upon approval by the President; and
(7) Perform
other duties provided by law or assigned
by higher authorities.
Title
IX
HEALTH
CHAPTER 1 — GENERAL PROVISIONS
Section 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.
Sec. 2. Mandate. — The Department shall be
primarily responsible for the formulation, planning, implementation,
and coordination of policies and programs in the field of health. The
primary function of the Department is the promotion, protection,
preservation or restoration of the health of the people through the
provision and delivery of health services and through the regulation
and encouragement of providers of health goods and services.
Sec. 3. Powers and Functions. — The Department
shall:
(1)
Define the national health policy and formulate and implement
a national health plan within the framework of the government’s general
policies and plans, and present proposals to appropriate authorities on
national issues which have health implications;
(2) Provide
for health programs, services, facilities
and other requirements as may be needed, subject to availability of
funds and administrative rules and regulations;
(3) Coordinate
or collaborate with, and assist local
communities, agencies and interested groups including international
organizations in activities related to health;
(4) Administer
all laws, rules and regulations in the
field of health, including quarantine laws and food and drug safety
laws;
(5) Collect,
analyze and disseminate statistical and
other relevant information on the country’s health situation, and
require the reporting of such information from appropriate sources;
(6) Propagate
health information and educate the
population on important health, medical and environmental matters which
have health implications;
(7) Undertake
health and medical research and conduct
training in support of its priorities, programs and activities;
(8) Regulate
the operation of and issue licenses and
permits to government and private hospitals, clinics and dispensaries,
laboratories, blood banks, drugstores and such other establishments
which by the nature of their functions are required to be regulated by
the Department;
(9) Issue
orders and regulations concerning the
implementation of established health policies; and
(10) Perform
such other functions as may be provided
by law.
Sec. 4. Organizational Structure. — The Department
shall consist of the Department Proper, National Health Facilities,
Regional Offices, Provincial Health Offices, District Health Offices
and Local Health Agencies.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 5. Department Proper. — The Department Proper
shall be composed of the Office of the Secretary, the Office for
Management Services, the Office for Public Health Services, the Office
for Hospital and Facilities Services, the Office for Standards and
Regulations, and the Executive Committee for National Field Operations.
Sec. 6. Office of the Secretary. — The Office of
the Secretary shall be composed of the Secretary of Health and his
immediate staff; the undersecretary acting as Chief of Staff in the
Office of the Secretary; the Assistant Secretary for Legal Affairs; the
Assistant Secretary for Financial, Operations and Front Line Services
Audit; and the Staff Services for the Secretary.
Sec. 7. Duties of the Undersecretary Acting as
Chief of Staff. — The Undersecretary acting as Chief of Staff in the
Office of the secretary, shall supervise the Assistant Secretary for
Legal Affairs, the Assistant Secretary for Financial Operations, and
Front Line Services Audit, and the Staff Support Services to the
Secretary; and head the secretariat of the Executive Committee for
National Field Operations.
Sec. 8. Duties of the Assistant Secretary for
Legal Affairs. — The Assistant Secretary for Legal Affairs shall head
the office that shall provide the Secretary with legal advice on all
policy, program and operational matters of the Department; act as
Counsel for the Department in cases in which it is a party; handle
administrative cases against Department personnel and submit
recommendations pertaining thereto; and review legislative proposals.
Sec. 9. Duties of the Assistant Secretary for
Financial Operation. — The Assistant Secretary for Financial
Operations, and Front Line Services Audit shall head the office that
shall monitor the Department’s financial affairs, internal operations,
and the delivery of frontline services with a view to assuring the
integrity of the Department’s financial operations and the requirements
of the Commission on Audit; optimizing the internal operating
efficiency of the Department and its field offices; and ensuring that
the Department’s constituencies are provided front line services from
the Department with the adequacy, quality, and efficiency that they are
entitled to.
Sec. 10. The Staff Support Services. — The
following Staff Support Services shall undertake such staff services
intended to assist the Secretary in performing his functions;
(1)
Community Health Service which shall provide
services related to formulating and implementing plans and programs for
coordinating with local governments and non-government organizations in
health related activities, programs and projects;
(2) Public
Information and Health Education Service
which shall provide services related to formulating and implementing
plans, programs, and projects for public education on health and for
the timely and accurate public communication of Department policy on
health issues;
(3) Health
Intelligence Service which shall provide
services related to the formulation of disease intelligence, assessment
of the state of health of the country and development and maintenance
of effective and comprehensive health information system to support
planning and implementation of health programs;
(4) Internal
Planning Service which shall provide the
Department with necessary services related to planning, programming and
project development;
(5) Foreign
Assistance Coordination Service which
shall provide staff services related to the development, coordination,
monitoring, reporting and assessment of foreign assisted projects of
the Department.
Sec. 11. Undersecretaries. — The Secretary shall
be assisted by five (5) Undersecretaries who shall exercise the
following functions;
(1)
Advise the Secretary in the promulgation of
Department orders, administrative orders and other issuances;
(2) Exercise
supervision and control over the
offices, services, operating units and individuals under their
authority and responsibility;
(3) Recommend
the promulgation of rules and
regulations, consistent with Department policies, that will effectively
implement the activities of operating units under their authority and
responsibility;
(4) Coordinate
the functions and activities of the
units under their authority with that of the Undersecretaries and
regional health directors;
(5) Exercise
delegated authority on substantive and
administrative matters related to the functions and activities of
agencies under their office to the extent granted by the Secretary
through administrative issuances;
(6) Perform
such other functions as may be provided
by law or appropriately assigned by the Secretary.
CHAPTER
3 — DEPARTMENT SERVICES
Sec. 12. Office for Management Services. — The
Office for Management Services, headed by an Undersecretary who shall
be supported by an Assistant Secretary, shall include six (6) staff
services involved in providing support services to the Department
Proper, field offices and attached agencies, which are as follows:
(1)
Financial Services which shall provide the
Department with staff advice and assistance on accounting, budget and
financial matters; supervise the coordinated preparation and
implementation of annual and long term financial and work plan and
budget estimates; conduct periodic department-wide performance and
financial reviews; and design and implement improvements in financial
management systems, procedures and practices;
(2) Management
Advisory Service which shall provide
staff advice and assistance on internal control and management system
improvement, including management information systems; supervise the
establishment of a management accounting system, control procedures and
management information systems for improved decision-making;
(3) Health
Manpower Development and Training Service
which shall formulate plans, policies, standards and techniques for the
effective and efficient manpower development and training of Department
personnel; provide consultative, training and advisory services to
implementing agencies; conduct studies and research related to health
manpower development and training; and develop plans and programs for
improved recruitment, deployment, development, and maintenance of
personnel;
(4)
Procurement and Logistics Service which shall
undertake the central procurement of the health care products and
supplies needed by the Department and its field offices which are not
produced by or beyond the production capacity of its in-house
production facilities; and ensure the proper, adequate and timely flow
of health products and services to the Department’s field offices;
(5) Biological
Production Services which shall
formulate plans, policies, programs, standards and techniques for the
processing, manufacture, standardization, and improvement of biological
products for Department use; manufacture vaccines, sera, anti-iodins,
and other biologicals; provide consultative training and advisory
services to implementing agencies; and conduct studies and research
related to biological production, distribution and use;
(6)
Administrative Service which shall provide the
Department with efficient and effective services relating to personnel,
records, collections, disbursements, security, custodial work, and
other general services not covered by the preceding Services.
CHAPTER
4 — OFFICES AND BUREAUS
Sec. 13. Office for Public Health Services. — The
Office for Public Health Services, headed by an Undersecretary, shall
include ten (10) staff services involved in policy formulation,
standards development, programs development, and program monitoring of
disease control and service delivery programs implemented by the field
offices. The Undersecretary for Public Health Services, who shall be
supported by an Assistant Secretary, shall supervise the following:
(1)
Maternal and Child Health Services which shall
formulate plans, policies, programs, standards and techniques relative
to maternal and child health; provide consultative training and
advisory services to implementing agencies; and conduct studies and
research related to health services for mothers and children;
(2)
Tuberculosis Control Service which shall
formulate plans, policies, programs, standards and techniques relative
to control morbidity and mortality from tuberculosis; provide
consultative, training and advisory services to implementing agencies;
and conduct studies and research related to tuberculosis;
(3) Family
Planning Service which shall formulate
plans, policies, programs, standards and techniques relative to family
planning in the context of health and family welfare; provide
consultative, training and advisory services to implementing agencies;
and conduct studies and research related to family planning;
(4)
Environmental Health Service which shall
formulate plans, policies, programs, standards and techniques relative
to environmental health and sanitation; provide consultative, training
and advisory services to implementing agencies; and conduct studies and
research related to environmental health;
(5) Nutrition
Service which shall formulate plans,
policies, programs, standards and techniques relative to nutrition
services in the context of primary health care, provide consultative,
training and advisory services to implementing agencies; and conduct
studies and research related to Nutrition;
(6) Dental
Health Service which shall formulate
plans, policies, programs, standards and techniques relative to dental
health services; provide consultative, training and advisory services
to implementing agencies; and conduct studies and research related to
dental services.
(7) Malaria
Control Service which shall formulate
plans, policies, programs, standards and techniques relative to the
control of malaria; provide consultative, training and advisory
services to implementing agencies; and conduct studies and research to
malaria and its control;
(8)
Schistosomiasis Control Service which shall
formulate plans, policies, programs, standards and techniques relative
to the control of schistosomiasis; provide consultative, training and
advisory services to implementing agencies; and conduct studies and
research related to schistosomiasis and its control;
(9)
Communicable Disease Control Service which shall
formulate plans, policies, programs, standards and techniques relative
to the control of communicable diseases, other than the major causes or
mortality and morbidity, such as leprosy, sexually transmitted
diseases, filariasis and others; provide consultative, training and
advisory services to implementing agencies; and conduct studies and
research related to these other communicable diseases;
(10)
Non-communicable Disease Control Services which
shall formulate plans, policies, programs, standards and techniques
relative to the control of non-communicable diseases; provide
consultative, training and advisory services to implementing agencies;
and conduct studies and research related to mental illness,
cardiovascular-diseases, cancer, other non-communicable diseases, and
occupational health.
Sec. 14. Office for Hospital and Facilities
Services. — The Office for Hospital and Facilities Services, headed by
an Undersecretary who shall be supported by an Assistant Secretary,
shall include four (4) staff services involved in policy formulation,
standards development, program monitoring and provision of specialized
assistance in the operations of hospitals and the management of
facilities, which are as follows:
(1)
Hospital Operations and Management Service which
shall formulate and implement plans, programs, policies, standards and
techniques related to management improvement and quality control of
hospital operations; provide consultative, training and advisory
services to field offices in relation to the supervision and management
of hospital components; and conduct studies and research related to
hospital operations and management;
(2) Radiation
Health Service which shall formulate
and implement plans, policies, programs, standards and techniques to
ensure radiation health safety; provide consultative, monitoring,
training and advisory services to private and government facilities
with radiation-emitting apparatus; and conduct studies and research
related to radiation health;
(3) Hospital
Maintenance Service which shall
formulate and implement plans, programs, policies, standards and
techniques related to assuring the proper maintenance of Department
equipment; provide consultative, training and advisory services to
implementing agencies in relation to preservation, repair and
maintenance of medical and non-medical equipment of the Department; and
conduct studies and research related to equipment and facility
maintenance;
(4) Health
Infrastructure Service which shall
formulate and implement plans, policies, programs, standards and
techniques related to development and preservation of health
infrastructure; provide consultative, training and advisory services to
implementing agencies in relation to infrastructure projects to assure
economical and efficient implementation; and conduct studies and
research related to infrastructure development and utilization.
Sec. 15. Office for Standards and Regulations. —
The Office for Standards and Regulations, headed by an Undersecretary
and supported by an Assistant Secretary, shall include three (3)
bureaus and one (1) national office that shall be responsible for the
formulation of regulatory policies and standards over the various areas
of concern in the health sector, whose implementation shall be the
general responsibility of the Department’s regional field offices. The
same bureaus shall also be responsible for those areas of activity
covered by regulatory policy to provide the Secretary with current
information on the status of these regulated areas of activity and to
provide the Secretary with a basis for preliminary evaluation of the
efficiency of the Department’s field offices in performing their
regulatory functions. The same bureaus shall conduct studies and
research pertinent to their areas of responsibility . In certain
instances the bureaus may also perform consultative, training and
advisory services to the practitioners and institutions in the area of
regulated activity. The same bureaus and national office are the
following:
(1)
Bureau of Research and Laboratories which shall
develop and formulate plans, standards and policies for the
establishment and accreditation and licensing of laboratories; blood
banks and entities handling biological products, provide consultative,
training and advisory services to public and private laboratories; and
conduct studies and research related to laboratory procedures and
operations;
(2) Bureau of
Food and Drugs which shall act as the
policy formulation and sector monitoring arm of the Secretary on
matters pertaining to foods, drugs, traditional medicines, cosmetics
and household products containing hazardous substances, and the
formulation of rules, regulations and standards in accordance with
Republic Act 3720 (1963), as amended by Executive Order No. 175, s.
1987, and other pertinent laws for their proper enforcement; prescribe
general standards and guidelines with respect to the veracity of
nutritional and medicinal claims in the advertisement of food, drugs
and cosmetics in the various media, to monitor such advertisements;
advise the Department’s field offices to call upon any erring
manufacturer, distributor, or advertiser to desist from such inaccurate
or misleading nutritional or medicinal claims in their advertising;
should such manufacturer, distributor, or advertiser refuse or fail to
obey the desistance order issued by the Bureau, he shall be subject to
the applicable penalties as may be prescribed by law and regulations;
the Bureau shall provide consultative, training and advisory services
to all agencies and organizations involved in food and drug
manufacturing and distribution with respect to assuring safety and
efficacy of food and drugs; conduct studies and research related to
food and drug safety; maintain a corps of specially trained food and
drugs inspectors for assignment to the various field offices of the
Department; while these inspectors shall be under the technical
supervision and guidance of the Bureau, they shall be under the
administrative supervision of the head of the field office to which
they shall be assigned, the latter being responsible for regulatory
program implementation within the geographic area of his jurisdiction;
(3) Bureau of
Licensing and Regulation which shall
formulate policies and establish the standards for the licensing and
regulation of hospitals, clinics and other health facilities; establish
standards that shall be the basis of inspections and licensure
procedures of the Department’s field offices; and provide consultative,
training and advisory services to field offices on the conduct of
licensing and regulatory functions over hospitals, clinics and other
health facilities.
(4) National
Quarantine Office which shall formulate
and implement quarantine laws and regulations and, through its field
offices, exercise supervision over rat-proof zones in designated
international ports and airports and over medical examination of aliens
for immigration purposes.
CHAPTER
5 — FIELD OFFICES
Sec. 16. Office for National Field Operations. —
The Office for National Field Operations, through an Executive
Committee, shall supervise the operations of the various Regional Field
Offices and the National Health Facilities, as enumerated in Section 17(3) and further described in Section s 18, 19 and 20 hereof.
Sec. 17. Department Field Offices. — The
Department field offices, under the supervision and control of the
Executive Committee for National Field Operations, shall be composed of
the following:
(1)
Regional Health Offices (other than the National
Capital Region) and subordinate units that include regional medical
centers, regional hospitals, provincial health offices including
component hospitals and district health offices, city health offices;
(2) Regional
Health Office for the National Capital
Region: Municipal Health Offices of Makati, Mandaluyong, Pasig,
Marikina, Las Piñas, Muntinlupa, San Juan, Valenzuela, Navotas,
Malabon, Parañaque, Taguig, Pateros;
(3) National
Health Facilities which are health
facilities classified as National Health Resources because their
services and activities accrue to the whole country’s health care and
infrastructure. These facilities are of two classifications: National
Medical Centers and the Special Research Centers and Hospitals, which
are attached to the Department:
(a)
National Medical Centers: San Lazaro Hospital,
Tondo Medical Center, Jose Fabella Memorial Hospital, Quirino Memorial
Hospital, Rizal Medical Center, National Children’s Hospital, Jose
Reyes Memorial Medical Center and the East Avenue Medical Center.
(b) Special
Research Centers and Hospitals;
Philippine Heart Center, Lung Center of the Philippines, National
Orthopedic Hospital, National Center for Mental Health, Research
Institute for Tropical Medicine, National Kidney Institute, and the
Philippine Children’s Medical Center.
Sec. 18. Regional Health Offices. — The Department
is authorized to establish, operate, and maintain a Department-wide
Regional Office, in each of the administrative regions of the country,
under the supervision of an Executive Committee chaired by the
Secretary. Each Regional Office shall be headed by a Regional Director
to be appointed by the President, and supported by an Assistant
Regional Director. The appointment of the Regional Director and
Assistant Regional Director shall be to the Department-at-large and
assignment shall be by administrative issuances of the Secretary. The
Regional Health Office shall be responsible for the field operations of
the Department in its administrative region and for providing the
region with efficient and effective health and medical services. It
shall supervise all Department agencies in its administrative region
including whatever medical centers, regional hospitals, sanitaria,
provincial health officers and city health offices are located in the
region except those placed under the Department Proper.
In addition to the foregoing, a Regional Office shall have within its
administrative region, the following functions:
(1)
Implement laws and rules, regulations, policies,
plans, programs and projects of the Department in the region;
(2) Provide
efficient and effective health and
medical services to the people;
(3) Coordinate
with regional offices of other
departments, offices, and agencies in the region;
(4) Coordinate
with local government units; and
(5) Perform
such other functions as may be provided
by law.
Sec. 19. Provincial Health Office. — The
Provincial Health Office shall be the Department agency in the
province. It shall exercise supervision and control over district
health offices and other field units of the department in the province,
except those otherwise placed under the Department Proper or directly
under the Regional Health Office.
The Provincial Health Office shall be headed by a Provincial Health
Officer. Depending on the size, population, and health facilities of
the province as well as budgetary provisions, a province may have one
Assistant Provincial Health Officer assisting the Provincial Health
Officers, or two Assistant Provincial Health Officers, one assisting
the Provincial Health Officer in public health activities and the other
assisting in hospital operations. The Provincial Health Officers and
Assistant Provincial Health Officers shall be appointed by the
Secretary to a region, and their assignment to a province shall be made
by the Secretary on recommendation of the Regional Health Director.
Sec. 20. District Health Office. — The District
Health Office shall exercise supervision and control over district
hospitals, municipal hospitals, rural health units, barangay health
stations and all other Department units in the health district, except
those otherwise placed directly under the Provincial Health Office, or
Regional Health Office, or the Department Proper.
The District Health Office shall be headed by a District Health Officer
who shall also serve as the Chief of the district hospital as well as
the head of all field units in the district. District Health Officers
shall be appointed by the Secretary to a region, and their assignments
shall be made by the Secretary on the recommendation of the Regional
Health Director.
Sec. 21. Local Health Agencies. — The Department
shall review and monitor the establishment, operation and maintenance
of health agencies funded by local governments. Proposals for
integrating locally funded health agencies under the supervision and
control of the Department without regard to the sourcing of funds shall
be made by the Department for the appropriate local government’s
approval. Any such agreement shall be allowed and, whenever possible,
funding from national sources may be extended to achieve a nationally
integrated government health service under the Department.
Sec. 22. City Health Officers. — The City Health
Officers and Assistant City Health Officers shall be appointed by the
Secretary. Their compensation shall be paid out of national funds.
Sec. 23. Delegation of Power by Secretary. — The
Secretary shall have the authority to delegate such substantive and
administrative powers and authority as may be necessary to the heads of
the Regional Health Offices, in addition to such administrative
authority as have been mandated for delegation for all Departments by
the President. The Secretary shall also delegate such powers and
authority to the heads of the Provincial Health Offices and those of
other subordinate units of the Regional Health Offices as in his sound
judgment would make for a more efficient and effective administration
of health and medical services.
CHAPTER
6 — ATTACHED AGENCIES
Sec. 24. Attached Entities. — The Philippine
Medical Care Commission and the Dangerous Drugs Board shall be attached
to the Department and shall continue to operate and function in
accordance with the law creating them, except as otherwise provided in
this Code.
Sec. 25. The Philippine Medical Care Commission. —
The Philippine Medical Care Commission shall be composed of the
Secretary of Health as Chairman, an Undersecretary of Health designated
by the Secretary as Vice-Chairman, and the following members: the
Administrator of the Social Security System, the President and General
Manager of the Government Service Insurance System, the Secretary of
Finance, the Secretary of Local Government, the Secretary of Labor and
Employment, and four (4) other members representing the beneficiaries,
the private employers, the physicians and the hospitals. The four other
members shall be appointed by the President of the Philippines for a
term of six (6) years.
The ex officio members may designate their representatives who shall
exercise the plenary powers of their principals as well as enjoy the
benefits available to the latter.
Sec. 26. The Dangerous Drugs Board. — The
Dangerous Drugs Board shall be composed of the Secretary of Health, who
shall be ex officio chairman, an Undersecretary of Health designated by
the Secretary, who shall be ex officio Vice-Chairman, an Executive
Director and the following members: the Secretary of Justice or his
representative; the Secretary of National Defense or his
representative; the Secretary of Education or his representative; the
Secretary of Finance or his representative; and the Secretary of the
Department of Social Welfare and Development or his representative. The
Director of the National Bureau of Investigation shall be the permanent
consultant of the Board.
Title
X
TRADE AND INDUSTRY
CHAPTER 1 — GENERAL
PROVISIONS
Section 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.
The State shall promote industrialization and full employment based on
sound agricultural development and agrarian reform, through industries
that make full and efficient use of human and natural resources, and
which are competitive in both domestic and foreign markets. It shall
protect Filipino enterprises against unfair foreign competition and
trade practices.
In pursuit of these goals, all sectors of the economy and all regions
of the country shall be given optimum opportunity to develop. Private
enterprises, including corporations, cooperatives, and similar
collective organizations shall be encouraged to broaden the base of
their ownership.
The State shall pursue a trade policy that serves the general welfare
and utilizes all forms and arrangements of exchange on the basis of
equality and reciprocity.
The State shall regulate or prohibit monopolies when the public
interest so requires. No combinations in restraint of trade or unfair
competition shall be allowed. The state shall protect consumers from
trade malpractices and from substandard or hazardous products.
Sec. 2. Mandate. — The Department of Trade and
Industry shall be the primary coordinative, promotive, facilitative and
regulatory arm of the Executive Branch of government in the area of
trade, industry and investments. It shall promote and develop an
industrialization program effectively controlled by Filipinos and shall
act as catalyst for intensified private sector activity in order to
accelerate and sustain economic growth through: (a) comprehensive
industrial growth strategy, (b) a progressive and socially responsible
liberation program, (c) policies designed for the expansion and
diversification of trade, and (d) policies to protect Filipino
enterprises against unfair foreign competition and trade practices.
Sec. 3. Powers and Functions. — The Department of
Trade and Industry, shall:
(1)
Formulate and implement policies, plans and
programs relative to the development, expansion, promotion and
regulation of trade, industry, and investments;
(2)
Consolidate and coordinate all functions and
efforts pertaining to the promotion of exports, diversification and
decentralization of industries, and development of foreign trade;
(3) Encourage
and promote the growth and expansion of
industries which make full use of human and natural resources and which
are competitive in domestic and foreign markets;
(4) Adopt and
implement measures to protect Filipino
enterprises against unfair foreign competition and trade practices.
(5) Provide
incentives to broaden the base of
ownership of large-scale industrial enterprises and accelerate the
formulation and growth of small and medium-scale enterprises;
(6) Regulate
the importation of essential consumer
and producer items to maintain their fair and competitive prices to
end-users;
(7) Protect
consumers from trade malpractices and
from substandard or hazardous products;
(8) Adopt and
implement measures to prohibit
combinations in restraint of trade and unfair competition;
(9) Develop
the capabilities of industry to increase
the domestic content of its products and upgrade the quality of
products according to competitive international standards;
(10) Encourage
and support the formation of People’s
Economic Councils at regional, provincial and municipal levels as well
as other trade, industry and consumer protection institutions or
associations;
(11) Upgrade
and develop the manufacture of local
capital goods and precision machinery components;
(12) Formulate
the appropriate mechanics to guide and
manage the transfer of appropriate industrial technology in the
country;
(13) Formulate
country and product export strategies
which will guide the export promotion and development thrusts of the
government; and implement programs and activities geared towards the
overseas promotion of Philippine exports in overseas markets;
(14) Take the
primary role in negotiating and
reviewing existing international trade agreements, particularly those
affecting commodity quotas limiting existing exports of Philippine
products to determine programs for renegotiations of more favorable
terms;
(15)
Administratively adjudicate and impose
reasonable fines and penalties for violation of existing trade and
industry laws;
(16) Prepare,
for consideration of the Monetary
Board, proposed programs in the commercial banking sector for directing
commercial lending facilities towards priority areas of commercial and
industrial development, as well as coordinate government direct funding
and financial guarantee programs to achieve trade and industry growth;
(17) Issue
subpoena and subpoena duces tecum to
compel the attendance of witnesses and the production of the necessary
information, papers and documents which it may deem necessary in the
exercise of its powers and functions;
(18) Prescribe
and enforce compliance with such rules
and regulations as may be necessary to implement the intent and
provisions of this Code, which rules and regulations shall take effect
fifteen (15) days following their publication in the Official Gazette;
and
(19) Perform
such other functions as may be necessary
or incidental in carrying into effect the provisions of this Code and
as may be provided by law.
Sec. 4. Organizational Structure. — The department
shall consist of the offices of the secretary, undersecretaries and
assistant secretaries, national service centers, regional offices, and
line corporate agencies and government entities.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 5. Office of the Secretary. — The Office of
the Secretary shall consist of the Secretary, his immediate staff, the
Undersecretary for Policy Planning and Support Services, and the
Offices and Services directly supportive of the Office of the
Secretary. The functions of the foregoing shall be as follows:
(1)
The Undersecretary for Policy Planning and
Support Services shall supervise the Office of Policy Research, the
Office of Operational Planning, the Office of Legal Affairs, the Human
Resource Development Service, the General Administrative Service, the
Management Information Service, the Financial Management Service and
the Public Relations Office;
(2) The Office
of Policy Research shall coordinate
and help formulate general trade and industry policies for the
Department; evaluate the effectiveness of trade and industry programs
as such, as their implementation by the Department’s Line Operating
Units; and research on trade and industry issues for policy analysis
and formulation;
(3) The Office
of Operational Planning shall develop
operating plans, programs and projects of the Department as such;
supervise the Annual Trade and Industry Development Planning
Conferences between government and the private sector; evaluate the
cost-effectiveness of various projects and activities of the
Department; coordinate the updating of the Department’s operating plans
in response to relevant environment changes; review the Department’s
performance against standards and targets previously established; and
provide staff services related to the development, monitoring,
reporting and assessment of foreign assisted projects of the
Department;
(4) The Office
of Legal Affairs shall provide the
Secretary with legal advise on all policies, programs, and operational
matters of the Department, serve as Counsel for the Department in cases
in which it is a party; handle administrative cases against Department
personnel and submit recommendations pertaining thereto; and review
legislative proposals;
(5) The Human
Resource Development Service shall
design and implement human resource development plans and programs for
the personnel of the Department; provide for present and future
manpower needs of the organization; and maintain high morale and
favorable employee attitudes towards the organization through the
continuing design and implementation of employee development programs;
(6) The
Financial Management Service shall formulate
and manage a financial program to ensure availability and proper
utilization of funds; and provide for an effective monitoring system of
the financial operations of the Department;
(7) The
General Administrative Service shall provide
services relative to procurement and allocation of supplies and
equipment, transportation, messengerial work, cashiering, payment of
salaries and other Department obligations, office maintenance, property
safety and security, and other utility services; and comply with
government regulatory requirements in the areas of performance
appraisal, compensation and benefits, employment records and reports;
(8) The
Management Information Service shall design
and implement a comprehensive management information system, both
computerized and manual, for the Department; provide technical
assistance to the various information generating units within the
Department; and establish data exchange linkages with public and
private agencies whenever feasible;
(9) The Public
Relations Office shall perform The
Department’s public relations function: provide a two-way flow of
information between the Department and its constituencies; and
coordinate the Secretary’s regular press conferences and the
Department’s relations with the mass media;
(10) The Trade
and Investment Information Center
shall, as the primary information arm of the Department, design and
operate a computerized system of collection, documentation, storage,
retrieval, and timely dissemination of comprehensive and relevant
information on trade, industry, and investment for use by other
government agencies and the business sector; coordinate and monitor the
information campaigns on the Department’s services, programs, and
projects; develop a communications programs to promote Philippine
investment opportunities and the country’s export products which shall
be directed at foreign audiences; and provide creative services to
other units of the Department in support of their own information
programs;
(11) The
National Industrial Manpower Training
Council shall act as the umbrella agency to coordinate and operate the
Cottage Industry Technology Center, the Construction Manpower
Development Foundation, and the Construction Manpower Development
Center and perform other functions such as initiating specialized
industrial training centers and identifying supply-demand factors and
industrial skills subject to the direction formulated by the National
Manpower and Youth Council; and
(12) There is
hereby created in the Office of the
Secretary the Office of Special Concerns to attend to matters that
require special attention, whether involving a matter that crosses
several functional areas, demands urgent action, or otherwise
necessitates, in the Secretary’s opinion, attention by a special group.
Sec. 6. Undersecretaries. — The Secretary shall be
assisted by five (5) Undersecretaries. They shall exercise supervision
over the offices, services, operating units and individuals under their
authority and responsibility.
The Secretary may designate any Undersecretary to supervise the
bureaus, offices, and agencies, including the attached entities,
consistent with the mandate of the department.
Sec. 7. Assistant Secretaries. — The Secretary
shall also be assisted by five (5) Assistant Secretaries who shall be
appointed by the President upon the recommendation of the Secretary.
The Secretary is hereby authorized to delineate and assign the
respective areas of functional responsibility of the Assistant
Secretaries. Within his functional area of responsibility, an Assistant
Secretary shall assist the Secretary and the Undersecretaries in the
formulation, determination and implementation of laws, policies, plans,
programs and projects on trade and industry and shall oversee the
day-to-day administration of the constituent units of the Department.
Sec. 8. Staff Bureaus and Services. — The Bureaus
and Service Units shall be responsible for research, formulation of
policy, development of standards, framing of rules and regulations,
program formulation and program monitoring, related to the concerns
covered by the Department’s mandate, powers and functions.
Implementation of such policies, standards, rules and regulations, and
programs shall be the responsibility of the Department’s Line Operating
Units.
Sec. 9. Department Line Operating Units. — The
Department Line Operating Units shall be composed of the following:
(1)
Regional Offices. These are offices which shall
be located in the National Capital Region and each of the twelve (12)
other administrative regions of the country. They shall be operated and
maintained on a Department-wide basis, acting as implementing arms in
the regions under their jurisdiction, of the Department’s policies,
programs, rules and regulations as well as those laws which the
Department is mandated to enforce.
(2) Line
Corporate Agencies and Government Entities.
These are the government entities and the government-owned or
controlled corporations under the administrative supervision of the
Department which are deemed to be integral parts of the Department
structure notwithstanding their organizational form, and which perform
a focal and implemental role in the Department’s programs for the
development of trade, industry and investments.
CHAPTER
3 — OFFICE OF THE UNDERSECRETARY FOR DOMESTIC TRADE
Sec. 10. Office of the Undersecretary for Domestic
Trade. — The Office of the Undersecretary for Domestic Trade shall
include all the staff bureaus and services involved in policy
formulation, standards development, regulatory, and service delivery
programs pertinent to domestic trade and commerce being implemented by
the Department’s line operating units. The Undersecretary for Domestic
Trade shall supervise the following:
(1)
Bureau of Trade Regulations and Consumer
Protection. This Bureau shall formulate and monitor the implementation
of programs for the effective enforcement of laws, correct
interpretation and adoption of policies on monopolies and restraint of
trade, mislabelling, product misrepresentation and other unfair trade
practices; monitor the registration of business names and the licensing
and accreditation of establishments and practitioners; protect and
safeguard the interest of consumers and the public, particularly the
health and safety implications of intrinsic products features, product
representation, and the like; and establish the basis for evaluating
consumer complaints and product utility failures.
(2) Bureau of
Domestic Trade Promotion. This Bureau
shall prepare and monitor the implementation of plans and programs
directed at the promotion and development of domestic trade,
particularly in the area of efficiency, fairness and balance in the
distribution of essential products and services and in the
strengthening of the domestic base for export activities;
conceptualize, monitor, and evaluate programs, plans and projects
intended to create awareness of domestic marketing opportunities for
new projects, new technologies and investments.
(3) Bureau of
Patents, Trademarks, and Technology
Transfer. This Bureau shall examine applications for grant of letters,
patent for inventions, utility models and industrial designs, and the
subsequent grant or refusal of the same; register trademarks,
tradenames, service marks and other marks of ownership; hear and
adjudicate contested proceedings affecting rights to patents and
trademarks; receive, process for registration and evaluate technology
transfer arrangements as to their appropriateness and need for the
technology or industrial property rights, reasonableness of the
technology payment, and for the prohibition of restrictive business
clauses, and comply with all its statutory publication requirements by
publishing the same in a newspaper of general circulation or in the
Official Gazette.
(4) Bureau of
Product Standards. This Bureau shall
review the products contained in the critical imports list in
accordance with established national standards or relevant
international standards and buyer-seller specifications; promulgate
rules and regulations necessary for the country’s shift to the
international system of units; study and carry out research on the
various reference materials to be used as basis for the start of
whatever analysis or evaluation is demanded by the products under
examination or investigation; establish standards for all products of
the Philippines for which no standards have as yet been fixed by law,
executive order, rules and regulations and which products are not
covered by the standardization activities of other government agencies;
participate actively in international activities on standardization,
quality control and metrology; ensure the manufacture, production, and
distribution of quality products for the protection of consumers; test
and analyze standardized and unstandardized products for purposes of
product standard formulation and certification; extend technical
assistance to producers to improve the quality of their products; check
length, mass and volume measuring instruments; and maintain
consultative liaison with the International Organization for
Standardization, Pacific Area Standards Congress, and other
international standards organizations.
(5) Video
Regulatory Board. This Board shall regulate
videogram establishments; prevent unfair practices, unfair competition,
pirating of legitimately produced video products, and other deceptive,
unfair and unconscionable acts and practices to protect the viewing
public and the general public.
CHAPTER
4 — OFFICE OF THE UNDERSECRETARY FOR INTERNATIONAL TRADE
Sec. 11. Office of the Undersecretary for
International Trade. — The Office of the Undersecretary for
International Trade shall include all the units involved in policy
formulation, standards development, program monitoring of the
development, regulatory, and service delivery programs of the
Department pertinent to international trade and commerce being
implemented by the Department’s line operating units. The
Undersecretary for International Trade shall supervise the following:
(1)
Bureau of International Trade Relations. This
Bureau shall be the primary agent responsible for all matters
pertaining to foreign trade relations, whether bilateral, regional or
multilateral, especially market access and market access related
matters; formulate positions and strategies for trade negotiations,
consultations and conferences as well as supervise trade negotiations,
consultations and conferences; coordinate with other Departments and
agencies of the Philippine government with the view of assuring
consistency in the government’s positions in trade negotiations and on
other activities pertaining to foreign trade relations; consult with
industry groups and provide technical advice and information on the
above matters and activities; identify tariff and non-tariff barriers
affecting products of export interest to the Philippines, and negotiate
measures for liberalizing them at bilateral, regional and multilateral
form; and evaluate and submit recommendations on existing and proposed
commercial policies of the Philippines.
(2) Bureau of
Export Trade Promotion. This Bureau
shall formulate and monitor programs, plans, and projects pertinent to
the development, promotion, and expansion of the foreign trade of the
Philippines; formulate country and product export strategies; conduct
research on new product development and adaptation opportunities in the
export markets, as well as identify the domestic supply base for such
products, prepare situation reports on all export production; prepare
and update country and regional market profiles; maintain an integrated
information system on all aspects of the products and commodities
relevant to export marketing; formulate, plan, supervise, coordinate
and monitor the implementation of both private and official incoming
and outgoing missions, and review the results of such; promote and
coordinate international subcontracting arrangements between and among
foreign and Philippine investors whereby production operations and
facilities may be located in the Philippines; formulate and monitor the
implementation of policies and guidelines for the registration and
certification of bona fide exporters eligible for the various export
incentive programs of the Philippines; and review and identify
appropriate measures to minimize or deregulate export-import procedures
and other foreign trade laws necessary to stimulate the international
marketing of Philippine products.
(3) Foreign
Trade Service Corps. This Corps shall
assist Philippine businessmen, producers, and exporters with marketing
information, project development support, and liaison with foreign
government agencies; develop marketing and commercial intelligence for
dissemination to Philippine businessmen through the Trade and
Investment Information Center; provide direct support to the
Department’s overseas promotional programs; assist Philippine
businessmen handle trade complaints against foreign firms and
governments; support Department units in import and export
administration, monitoring of trade agreements, and investments
promotion; and be accountable for establishment of foreign investment
and export targets for their respective areas of responsibility.
In addition to the existing
Foreign Trade Service Corps. the President
may appoint Trade Commissioners with the rank of Assistant Secretary to
coordinate trade and investment matters in the various continents to
which they are assigned for the purpose of increasing trade and
investments.
(4) Bonded
Export Marketing Board. This Board shall
promote the establishment of bonded manufacturing and trading
facilities for the re-export of those products where a clear net value
added may be generated based on the emerging comparative advantage of
the Philippine export industry; study and analyze the international
market for specific products where the Philippines has or can develop a
comparative advantage; recommend to the Bureau of Customs the licensing
of bonded manufacturing facilities and monitor all bonded manufacturing
sites, with the objective of ensuring operational efficiency; identify
and designate sites where export bonded manufacturing sites shall be
located with a view of dispersal to the regions; and initiate studies
on the development and maintenance of the country’s competitive
advantage in export products.
(5) Philippine
Shippers’ Council. This Council shall
represent Philippine shippers in international liner conferences and
negotiate in their behalf, for more favorable freight and shipping
rates; evaluate and issue waivers to the use of Philippine flag
carriers; and provide assistance and information to Philippine
shippers, specially exporters, in matters related to shipping.
(6) Philippine
Trade Training Center. This Center
shall develop training modules on export and import techniques and
procedures; raise the level of awareness of Philippine businessmen of
export opportunities and the availability of alternative sources of
import products or diversified markets for exports; offer specialized
courses for specific industry groups directed at overcoming barriers to
overseas market penetration; and conduct training programs in
international trade practices, inspection techniques and exhibitions
mounting.
(7) Product
Development and Design Center of the
Philippines. This Center shall provide product identification,
research, and development services to the private sector; conduct
seminars and workshops on product design and development; set up design
exhibitions; publish product design related materials; and conduct
continuing research on product and product packaging design trends and
processing technologies.
CHAPTER
5 — OFFICE OF THE UNDERSECRETARY FOR INDUSTRY AND INVESTMENTS
Sec. 12. Office of the Undersecretary for Industry
and Investments. — The Office of the Undersecretary for Industry and
Investments shall supervise all agencies involved in the formulation
and implementation of programs and projects pertinent to the
development of domestic industries and the promotion of investments in
activities or enterprises critical to the Department’s trade and
industry development program.
(1)
Bureau of Small and Medium Business Development.
This Bureau shall formulate and monitor development programs for
private institutions involved in assisting the trade and industry
sector, delivery mechanisms and linkages for marketing, financial and
subcontracting services, and development programs for livelihood and
micro, small and medium enterprises.
(2) Board of
Investments, whose functions are defined
below.
(3) Export
Processing Zone Authority, whose functions
are defined below.
(4) Bureau of
Import Services. This Bureau shall
monitor import levels and prices, particularly liberalized items;
analyze and forecast import levels; analyze and publish import return
statistics; perform annual reviews of the substantive components of the
Philippine Tariff System and submit recommendations thereon; perform
such other functions on import transactions as the President or the
Central Bank of the Philippines shall delegate or authorize; and ensure
that the Department’s views on goods under the jurisdiction of other
Departments are taken into consideration.
(5) Iron and
Steel Authority.
(6)
Construction Industry Authority of the
Philippines.
CHAPTER
6 — OFFICE OF THE UNDERSECRETARY FOR REGIONAL OPERATIONS
Sec. 13. Office of the Undersecretary for Regional
Operations. — The Office of the Undersecretary for Regional Operations
shall exercise supervision and control over the Department’s Regional
Offices, described in Sec. 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.
Sec. 14. Regional Offices. — The Department is
hereby authorized to establish, operate and maintain a Department-wide
regional office in each of the country’s administrative regions. Each
Regional Office shall be headed by a Regional Director who shall be
assisted by an Assistant Regional Director. A Regional Office shall
have, within its administrative region, the following functions:
(1)
Implement pertinent laws, and the rules,
regulations, policies, plans, programs and projects of the Department;
(2) Provide
efficient and effective service to the
people;
(3) Coordinate
with the regional offices of other
departments, offices and agencies in the region;
(4) Coordinate
with the local government units; and
(5) Perform
such other functions as may be provided
by law or appropriately assigned by the Secretary.
CHAPTER
7 — ATTACHED AGENCIES
Sec. 15. Line Corporate Agencies and Government
Entities. — The following are the Line Corporate Agencies and
Government Entities that will perform their specific regulatory
functions, particular developmental responsibilities, and specialized
business activities in a manner consonant with the Departments’
mandate, objectives, policies, plans, and programs:
(1)
National Development Company. This Company shall
promote investments in or establish enterprises for the express
purposes of encouraging the private sector to follow suit by proving
the financial viability of such enterprises; or of filling critical
gaps in the input-output structure of Philippine commerce and industry
when the private sector is unwilling or unable to engage in such
enterprises because of the magnitude of investments required or the
risk compion of the undertaking.
(2) Garments
and Textile Export Board. This Board,
which shall be supervised by the Undersecretary for International
Trade, shall oversee the implementation of the garment and textile
agreements between the Philippines and other countries, particularly
garments and textiles quotas; approve quota allocations and export
authorizations; issue export licenses and adopt appropriate measures to
expedite their processing; provide the necessary information and
statistics relating to the administration of garments and textiles
export quotas and the flow of garments and textiles exports for
monitoring purposes and for negotiations with other countries;
implement rules and regulations for the administration of all
international textile agreements entered into between the Philippines
and importing countries; and fix and collect reasonable fees for the
issuance of export quotas, export authorizations, export licenses, and
other related services, in accordance with the Department policies,
rules and regulations.
(3)
International Coffee Organization-Certifying
Agency. This Agency, which shall be supervised by the Undersecretary
for International Trade, shall oversee the implementation of the coffee
agreements between the Philippines and other countries, particularly
coffee quotas.
(4) Philippine
International Trading Corporation.
This Corporation, which shall be supervised by the Undersecretary for
International Trade, shall only engage in both export and import
trading on new or non-traditional products and markets not normally
pursued by the private business sector; provide a wide range of export
oriented auxiliary services to the private sector; arrange for or
establish comprehensive system and physical facilities for handling the
collection, processing, and distribution of cargoes and other
commodities; monitor or coordinate risk insurance services for existing
institutions; promote or organize, whenever warranted, production
enterprises and industrial establishments and collaborate or associate
in joint venture with any person, association, company, or entity,
whether domestic or foreign, in the fields of production, marketing,
procurement, and other related businesses; and provide technical,
advisory, investigatory, consultancy, and management services with
respect to any and all of the functions, activities, and operations of
the corporation.
(5) Board of
Investments. This Board, which shall be
supervised by the Undersecretary for Industry and Investments shall be
responsible for coordinating the formulation and implementation of
short, medium and long term industrial plans as well as promoting
investments in the Philippines in accordance with national policies and
priorities; register, monitor, and grant investment incentives to
individual enterprises; formulate policies and guidelines aimed at
creating an environment conducive to the expansion of existing
investments or attracting prospective investments in the Philippines,
Provided, That the Board shall place primary emphasis on its promotive
functions.
(6) Export
Processing Zone Authority. This Authority
which shall be supervised by the Undersecretary for Industry and
Investments, shall develop and manage export processing zones, in
consonance with Department policies and programs.
(7) The Center
for International Trade Expositions
and Missions, Inc. is hereby merged with the Philippine Trade
Exhibition Center. The latter shall be the surviving entity and is
hereby renamed “Center for International Trade Expositions and
Missions.”
Title
XI
AGRARIAN REFORM
CHAPTER 1 — GENERAL PROVISIONS
Section 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.
The State shall recognize the right of farmers, farmworkers, and
landowners, as well as cooperatives, and other independent farmers’
organizations to participate in the planning, organization and
management of the land reform program, and shall provide support to
agriculture through appropriate technology and research, and through
adequate financial, production, marketing, and other support services.
The State shall provide incentives for voluntary land-sharing. It may
resettle landless farmers and farmworkers in its own agricultural
estates which shall be distributed to them in the manner provided by
law.
Sec. 2. Mandate. — The Department shall provide
central direction and coordination to the national agrarian reform
program extended to transform farm lessees and farm tenants into
owner-cultivators of economic family-size farms to improve their living
conditions.
The Department shall formulate and implement policies, plans and
programs for the distribution and cultivation of all agricultural
lands, including sugar and coconut lands, with the participation of
farmers, farmworkers, landowners, cooperatives, and other independent
farmers’ organizations. It shall provide leadership in developing
support services to tenant-owners, farm managers, and other cultivators
through appropriate research and development programs, and shall render
adequate assistance in finance, marketing, production and other aspects
of farm management.
Sec. 3. Powers and Functions. — To accomplish its
mandate, the Department shall:
(1)
Implement laws, programs and policies for the
acquisition and distribution of all agricultural lands as provided by
laws;
(2) Resettle
landless farmers and farmworkers in
government-owned agricultural estates which shall be distributed to
them as provided by law;
(3) Recommend
and provide incentives for voluntary
sharing of lands by owners of agricultural lands;
(4) Acquire,
determine the value, subdivide into
family-size farms, develop and distribute to qualified tillers, actual
occupants and displaced urban poor, private agricultural lands
regardless of area and crops planted;
(5) Administer
and dispose of, under a settlement
scheme, all portions of the public domain declared as alienable and
disposable lands for speedy distribution to and development by
deserving and qualified persons who do not own any land and under such
terms and conditions as the Department may prescribe, giving priority
to qualified and deserving farmers in the province where such lands are
located;
(6) Provide
free legal assistance to farmers covered
by agrarian reform and expedite the resolution of agrarian conflicts
and land tenure problems either through conciliatory or adversary
proceedings;
(7) Provide
creative, responsive and effective
information, education and communication programs and projects both for
the tenant beneficiaries, landowners, the government and private
sectors and the general public, thereby generating a broad spectrum of
support and understanding of the new agrarian reform program;
(8) Strengthen
agrarian reform beneficiaries
organizations to a degree of national viability that would enable them
to share in the shaping of government policies and institutionalize
farmers’ participation in agrarian reform policy formulation, program
implementation and evaluation;
(9) Promote
the organization and development of
cooperatives of agrarian reform beneficiaries and register the same;
(10) Implement
all agrarian reform laws and for the
this purpose issue subpoena, subpoena duces tecum, and writs of
execution of its orders, and decisions and other legal processes to
ensure compliance from all parties concerned for successful and
expeditious program implementation;
(11) Undertake
land surveys on lands covered by
agrarian reform, and issue patents to farmers covered by agrarian
reform, both on private and public lands;
(12) Develop,
implement and undertake alternative and
innovative land development schemes and land tenure systems such as,
but not limited to land consolidation, land farming cooperative farming
and agro-industrial estates;
(13) Approve
or disapprove conversion of agricultural
lands to non-agricultural uses such as residential and industrial
conversions in accordance with the existing provisions of law;
(14) Undertake
land use management studies;
(15)
Compensate the landowners covered by agrarian
reform;
(16) Integrate
and synchronize program implementation
of the Land Bank of the Philippines and other relevant civilian and
military government and private entities involved and mandated to
support the agrarian reform program through Inter-Agency Committees and
Agrarian Reform Coordinating Councils; and
(17) Perform
such other functions as may be provided
by law.
Sec. 4. Organizational Structure. — The Department
shall consist of the Office of the Secretary, the Undersecretary, the
Assistant Secretary, the Services and Staff Bureaus, the Regional
Offices, the Provincial Offices, and the Team Offices.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 5. Office of the Secretary. — The Office of
the Secretary shall consist of the Secretary and his immediate staff.
Sec. 6. Undersecretary. — The Secretary shall be
assisted by one (1) Undersecretary who shall perform the following
functions:
(1)
Oversee the operational activities of the
Department delegated to him by and for which he shall be responsible to
the Secretary;
(2) Coordinate
programs and projects within the DAR
and with other government agencies and farmer organizations when so
delegated by the Secretary;
(3) Assist the
Secretary on matters relating to the
operations of the Department;
(4) Assist the
Secretary in the preparation of
reports; and
(5) Perform
such other duties and functions as may be
provided by law or assigned by the Secretary.
Sec. 7. Assistant Secretary. — The Secretary shall
be assisted by one Assistant Secretary.
CHAPTER
3 — DEPARTMENT SERVICES
Sec. 8. Management and Executive Services. — The
Management and Executive Services shall have the following functions:
(1)
Recommend the implementation of appropriate
systems and procedures as it relates to the overall monitoring and
feedback mechanisms required by the Office of the Secretary;
(2) Gather,
consolidate, appraise, prepare and submit
regular top management reports pertaining to the Department and overall
administration, financial, programs and projects implementation status
for decision making purposes;
(3) Design and
maintain a program/project display
center(s) that will showcase the Department’s various plans, programs
and accomplishments;
(4) Prepare
and review office orders, memoranda and
other communications;
(5) Provide
secretariat support during meetings and
conferences including international conferences and seminars relative
to agrarian reform;
(6) Supervise
the implementation of department-wide
records management and disposal system;
(7) Develop
alternative management systems which will
increase efficiency in the delivery of services, attain better means of
control, maximize use of available human and physical resources;
(8) Conduct
periodic systems and procedures audit of
the various units of the Department;
(9) Prepare
news items on agrarian reform
accomplishments and handle press and media relations work for the
Secretary; and
(10) Perform
such other functions as may be assigned
by the Secretary.
Sec. 9. Legal and Public Assistance Service. — The
Legal and Public Assistance Service shall have the following functions:
(1)
Prepare legal decisions and resolutions of
administrative cases and render legal opinions, interpretation of
contracts, laws, rules and other administrative issuances;
(2) Prepare
legal decisions and resolutions of
administrative cases; and
(3) Provide
public assistance services.
Sec. 10. Research and Strategic Planning Service.
— The Research and Strategic Planning Service shall have the following
functions:
(1)
Review, analyze and integrate submitted plans and
programs and special project proposals by Bureaus, services, and field
offices and determine if plans and programs are in accordance with
priorities set for budgetary support;
(2) Review,
coordinate and integrate all
recommendations for reprogramming and revision of work programs of the
Department to support fund releases or requests;
(3) Initiate,
integrate, or prioritize research
studies and recommend for funding in coordination with units concerned
and review and interpret research findings for policy applicability;
(4) Conduct
researches or case studies for policy
recommendations and application;
(5)
Coordinate, integrate and assist in the
assessment of programs and projects against plans, costs and resources,
standards and performance targets;
(6)
Coordinate, integrate and analyze periodic
accomplishment reports of the Department as may be required or
necessary;
(7) Maintain
liaison with public and private
development and planning bodies, public and private; and
(8) Perform
such other functions as may be provided
by law or assigned by the Secretary.
Sec. 11. Finance and Physical Assets Management
Service. — The Finance and Physical Assets Management Services shall
have the following functions:
(1)
Prepare, execute and administer the Department’s
budget including standards and guidelines;
(2) Monitor
and evaluate the implementation of the
Central and Regional budget;
(3) Process
all money claims related to all types of
Department expenditures including personal services, maintenance and
other operating expenses and capital outlays;
(4) Prepare
financial reports and maintain books of
accounts;
(5) Prepare,
release and control check disbursements
and index or monitor check payments;
(6) Implement
proper internal control mechanisms;
(7) Formulate
and implement policies and systems on
the disposition of supplies, materials and equipment requirements of
all operating units for their effective functioning;
(8) Undertake
repair and maintenance of all equipment
furniture, building facilities and grounds of the Department; and
(9) Manage and
maintain an inventory of physical
assets in the Department’s Central and Regional offices.
Sec. 12. Administrative and Personnel Service. —
The Administrative and Personnel Service shall exercise the following
functions:
(1)
Formulate and implement policies and guidelines
on personnel placement, appraisal and action;
(2) Formulate
and implement policies and guidelines
on employee services, employee relations management and staff
development;
(3) Service
the reproduction, utility and
messengerial requirements of all Departmental groups and offices;
(4) Provide
the major operating units of the
Department with basic equipment, supplies and materials including
logical support;
(5) Engage in
general canvassing and purchasing of
supplies, materials and equipment;
(6) Implement
guidelines with respect to procurement
services; and
(7) Perform
such other functions as the Secretary may
assign.
CHAPTER
4 — BUREAUS
Sec. 13. Bureau of Agrarian Legal Assistance. —
The Bureau of Agrarian Legal Assistance shall have the following
functions:
(1)
Formulate guidelines, plans and programs for the
effective delivery of legal assistance to the clientele;
(2) Adopt the
process of mediation and conciliation
to judiciously settle agrarian problems;
(3)
Investigate cases, review recommendations, and
prepare orders, decisions and resolutions on matters involving agrarian
dispute;
(4) Maintain a
docket of cases on claims and
conflicts and issue clearance in relation thereto;
(5) Provide
legal information and prepare materials
for publication;
(6) Conduct
and compile legal research and studies on
agrarian reform and maintain a law library;
(7) Prepare
legal opinions on matters pertaining to
agrarian reform program implementation;
(8) Represent
agrarian reform beneficiaries or
members of their immediate farm households before all courts and
quasi-judicial and administrative bodies in civil, criminal or
administrative cases instituted by or against them, arising from or are
connected with, an agrarian dispute;
(9) Develop,
maintain and coordinate para-legal
services for agrarian reform clientele;
(10) Advise
and assist the Office of the Secretary
and field offices in agrarian legal matters;
(11) Conduct a
continuing follow-up and evaluation of
the handling and disposition of judicial cases, claims and conflicts
adjudication, legal information and para-legal services of the
Department; and
(12) Perform
such other functions and duties as may
be provided by law.
Sec. 14. Bureau of Land Development. — The Bureau
shall have the following functions:
(1)
Draw up plans and programs of land surveys and
determine which land survey projects can be done by administration or
by contract;
(2) Develop
and prescribe procedures and techniques
on land surveys in accordance with approved standards;
(3) Develop
plans and programs, guidelines,
procedures and techniques for soil surveys and classification and for
complete aerial photogrammetry;
(4) Analyze
and compile soil data and survey reports
essential for the production of soil maps and identify particular areas
for soil research;
(5) Develop
land use patterns, procedures and compile
adequate maps for proper land use;
(6) Draw up
plans, programs and designs for
agricultural development under the scheme of land consolidation;
(7) Formulate
policies, guidelines and procedures for
the regulation of conversion of private agricultural lands to
non-agricultural use, in accordance with the provisions of existing
laws, as amended, and other related issuances;
(8) Establish
a schedule of priorities in the
construction of houses, waterworks, irrigations systems and other
community facilities;
(9) Formulate
policies and guidelines in the
procurement, maintenance or rehabilitation of agricultural machinery
and equipment, and review, and evaluate plans, programs,
specifications, and cost estimates of land development projects;
(10) Provide
functional and technical assistance on
the implementation of land development;
(11) Monitor
and evaluate activities of field offices
on land development; and
(12) Perform
such other functions as may be provided
by law.
Sec. 15. Bureau of Land Tenure Development. — The
Bureau shall have the following functions:
(1)
Develop policies, plans and programs, and
standard operating procedures in the acquisition and distribution of
public and private agricultural lands, including measures to ensure
that the lands distributed by the government to the beneficiaries of
the agrarian reform program shall be subsequently transferred or sold
only to qualified tenant-tillers, agricultural workers and other
landless citizens;
(2) Design
socio-economic survey plans and prescribe
standards, guidelines and procedures in the conduct of such surveys in
areas sought to be acquired or administered by the Department of
Agrarian Reform;
(3) Develop
standards for the valuation of lands
placed under the agrarian reform program and formulate appropriate land
compensation schemes for affected landowners;
(4) Formulate,
general policies and guidelines in the
identification of tillers and agricultural lands to be purchased or
expropriated, subject of petitions or applications for the exercise of
the right of pre-emption or redemption, or voluntarily offered for
coverage under the agrarian reform program, and portions of the public
domain which may be opened for settlement;
(5) Maintain a
current inventory of tillers,
landowners, land-holdings, including crops and production thereon, and
other related records;
(6) Streamline
procedures governing the titling of
lands transferred to the beneficiaries of agrarian reform and the
documentation of leasehold and other tenurial arrangements;
(7) Develop
alternative tenurial or working
arrangements or relationships in agrarian reform areas aimed at
ensuring security of tenure and equitable distribution of income;
(8) Formulate
policies, guidelines, standards,
procedures and programs in the development and conduct of land tenure
research;
(9) Identify
areas of research relevant to land
tenure, determine priority needs, and prepare land tenure research
designs/proposals;
(10) Undertake
operational research and evaluation
studies on land tenure programs and projects;
(11) Monitor
research findings on land tenure and
other related studies by various research agencies;
(12) Review
and evaluate documents for the
generation, registration, and issuance of Emancipation Patents/Title,
land valuation, and landowners compensation claims as to its
completeness, accuracy and validity;
(13) Initiate
verification and/or investigation of
questionable or inconsistent documents as well as data or information
critical for expeditious disposition of land transactions by
authorities concerned; and
(14) Perform
such other functions as may be provided
by law.
Sec. 16. Bureau of Agrarian Reform Information
Education. — The Bureau shall have the following functions:
(1)
Provide policy guidance and develop plans and
programs for effective and continuing information, education and
promotional activities of the Department;
(2) Develop,
conduct, assist and coordinate training
and education programs to increase farmer, DAR and other governmental
personnel participation in program implementation;
(3) Coordinate
or implement linkage training or
education programs and projects;
(4) Integrate
agrarian reform concepts into all
levels of the national education system;
(5) Develop
appropriate communication materials or
aids to support agrarian reform promotion and training;
(6) Produce
and disseminate media materials to
implement the information programs of the Department;
(7) Maintain
and update a library of materials on
agrarian reform;
(8) Provide
for the establishment of a center for
agrarian reform studies;
(9) Provide
functional and technical assistance on
farmer education and public information;
(10)
Coordinate and evaluate training programs and
activities undertaken by the regional offices and other units of the
Department; and
(11) Perform
such other functions as may be provided
by law.
Sec. 17. Bureau of Agrarian Reform Beneficiaries
Development. — The Bureau shall have the following functions:
(1)
Formulate plans, programs, policies and
guidelines for the development of agrarian reform areas into viable
agro-industrial estates, the promotion of cooperative systems of
production, processing, marketing, distribution, credit and services;
(2) Formulate
policies, programs and guidelines for
the development and management of resettlement areas and landed
estates;
(3) Promote
the organization and participation of
agrarian reform beneficiaries to enhance the dignity and welfare of the
beneficiaries and to serve as sources of development information inputs
and feedback as basis for policy formulation;
(4) Serve as
liaison between the DAR and the
legitimate organizations of agrarian reform beneficiaries and serve as
receiving zone for request and proposals from legitimately organized
agrarian reform beneficiaries associations for appropriate action by
any of the Bureaus or Services;
(5) Develop
and undertake research and pilot studies
of alternative land tenure systems such as agro-industrial estates,
cooperative farming and other cooperative-cultivatorship schemes;
(6) Develop
project models such as but not limited to
compact farms, and other income generating projects, and undertake
research and pilot studies on these models and other innovative schemes
in coordination with field offices;
(7) Establish
linkages with concerned agencies for
farm support services and to ensure immediate and effective project
implementation;
(8) Provide
functional and technical assistance on
development and management of resettlement areas and landed estates,
organization of agrarian reform beneficiaries and implementation of
economic projects;
(10) Perform
such other functions as may be provided
by law.
CHAPTER
5 — REGIONAL AND DISTRICT OFFICES AND ATTACHED AGENCIES
Sec. 18. Regional Office. — The Regional Office
shall be responsible for supporting the field units and supervising
program implementation of the Department within the region. It shall:
(1)
Implement laws, policies, plans, rules and
regulations of the Department in the regional area;
(2) Develop
and implement a regional personnel
management program;
(3) Prepare,
submit, execute and control the budget
for the region;
(4) Prepare
and properly maintain books of accounts;
(5) Pay
salaries and wages and other approved
vouchers;
(6) Provide
administrative services to the regional
and provincial offices;
(7) Prepare
and submit plans and programs for the
region on:
a.
land tenure development
b. information
and education
c. land use
management and land development
d. legal
services
e. agrarian
reform beneficiaries development
(8)
Provide technical assistance to the provincial
offices and agrarian reform teams in the implementation of approved
plans and programs;
(9) Extend
effective legal assistance, advice or
service to agrarian reform beneficiaries;
(10) Conduct
operations research and evaluation of
agrarian reform program implementation within the region;
(11)
Coordinate with other government and private
agencies and farmer organizations at the Regional level through the
Agrarian Reform Coordinating Council, to carry out programs/projects
for the general welfare of the agrarian reform beneficiaries;
(12)
Coordinate para-legal services;
(13) Maintain
a data-based information system in
coordination with the established monitoring system;
(14) Review
documents submitted by the Provincial and
Team Offices or by the clientele;
(15) Submit
periodic feedback and recommend policy
changes and/or modification of procedures on program implementation;
and
(16) Perform
such other functions as may be necessary
in the service of the clientele.
Sec. 19. Provincial Offices. — The Agrarian Reform
Provincial Office is responsible for the direction and coordination of
the operation and activities of the Agrarian Reform Teams operating
within the province and has the following functions:
(1)
Set priorities, specific targets, schedules and
deadlines for the execution of approved plans, programs and projects
on:
a.
land acquisition, distribution, transfer of land
ownership to actual tillers, including land tiller-landowners
identification, tenurial security and leasehold arrangements, land
surveys, land valuation and landowners compensation;
b. continuing
information and education programs on
agrarian reform;
c.
organization and development of Agrarian Reform
Beneficiaries Cooperatives and institutionalizing farmers-government
partnership in agrarian policy formulation and program implementation;
d. landowner’s
compensation and diversion of
landowner’s capital to industrial development;
e. development
and implementation of alternative land
tenure systems such as cooperative farming, agro-industrial estates and
cooperative-cultivatorship schemes;
f. land use
management;
g. compact
farming, land consolidation, land
reclamation, integrated farming systems, sloping agricultural land
technology, and other land conservation measures in agrarian reform
covered areas;
h. legal
services to farmers covered by agrarian
reform and resolution of agrarian conflicts and land tenure problems;
(2)
Provide administrative services to the Agrarian
Reform Teams within the province;
(3) Provide
legal services to agrarian reform
beneficiaries in cases arising from or are connected with agrarian
disputes, handling of expropriation proceedings, registering
cooperatives organized by Agrarian Reform Teams and reviewing and
acting on all matters initially investigated and elevated by Agrarian
Reform Teams;
(4) Provide
technical assistance to the Agrarian
Reform Teams in the implementation of approved plans and programs;
(5) Coordinate
with government, private agencies and
farmer organizations at the provincial level to carry out programs;
(6) Conduct
periodic performance audit surveys in
collaboration with the regional office, and monitor agrarian reform
program accomplishments of Agrarian Reform Teams including operational
problems and constraints and recommend appropriate remedial measures
for effective program implementation; and
(7) Perform
such other functions as may be necessary
in the service of the clientele.
Sec. 20. Team Offices. — The Agrarian Reform Team
shall be responsible for directly implementing the agrarian reform
programs and delivering expected results. It shall:
(1)
Implement policies and programs on land
acquisition, and distribution, and transfer of landownership to actual
tillers, including farmer-landowner’s identification, leasehold
arrangements, land valuation and landowners compensation and transfer
actions;
(2) Undertake
continuing information and education
programs on agrarian reform among the beneficiaries;
(3) Promote
the organization and development of
agrarian reform beneficiaries and assist in the registration of
organized cooperatives;
(4)
Institutionalize farmers participation in
agrarian reform policy formulation and program implementation;
(5) Organize
and establish compact farms, land
consolidation, integrated farm systems, sloping agricultural land
technology and other cooperative-cultivatorship schemes;
(6) Provide
assistance in agrarian reform research;
(7) Provide
assistance to various legal services,
including legal information and legal counselling, documentation and
preliminary processing of applications for free patent and applications
to purchase lots, preliminary investigation of conflicting claims on
lot boundaries and appraisal of properties, and mediation of different
problems arising from tenancy relationship, execution and registration
of lease contracts, initial investigation of administrative cases, and
other legal services;
(8) Provide
assistance on project identification,
formulation and development that would uplift the socio-economic status
of the beneficiaries including projects that would divert landlord
capital to industrial development;
(9) Coordinate
with other government and private
agencies and farmer organizations within the area of coverage for
effective program/project implementation;
(10) Submit
periodic reports on program/project
accomplishments including problems identified and recommended solutions
thereto;
(11) Implement
DAR commitment programs supportive of
national priority programs; and
(12) Perform
such other functions as may be assigned
from time to time.
Sec. 21. Attached Agencies. — The following
agencies are attached to the Department for administrative supervision
and policy coordination:
(1)
Land Bank of the Philippines
(2)
Agricultural Credit Administration
(3) Agrarian
Reform Coordinating Council
Title
XII
LOCAL GOVERNMENT
CHAPTER 1 — GENERAL
PROVISIONS
Section 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.
Sec. 2. Mandate. — The Department shall assist the
President in the exercise of general supervision over local governments
and in ensuring autonomy, decentralization and community empowerment.
Sec. 3. Powers and Functions. — To accomplish its
mandate, the Department shall:
(1)
Advise the President on the promulgation of
policies, rules, regulations and other issuances relative to the
general supervision of local government units;
(2) Establish
and prescribe rules, regulations and
other issuances and implementing laws on the general supervision of
local government units and on the promotion of local autonomy and
monitor compliance thereof by said units;
(3) Provide
assistance in the preparation of national
legislation affecting local government units;
(4) Establish
and prescribe plans, policies, programs
and projects to strengthen the administrative, technical and fiscal
capabilities of local government offices and personnel;
(5) Formulate
and implement policies, plans, programs
and projects to meet national and local emergencies arising from
natural and man-made disasters; and
(6) Perform
such other functions as may be provided
by law.
Sec. 4. Organization Structure. — The Department,
shall be composed of the Office of the Secretary and the staff and line
offices which shall consist of the following:
(1)
Bureau of Local Government Supervision;
(2) Bureau of
Local Government Development;
(3) National
Barangay Operations Office;
(4) Project
Development Services;
(5) Department
Services;
(6) Office of
Public Affairs; and
(7) Regional
and Field Offices.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 5. Office of the Secretary. — The Office of
the Secretary shall consist of the Secretary and his immediate staff.
Sec. 6. Undersecretaries and Assistant
Secretaries. — The Secretary shall be assisted by not more than three
(3) Undersecretaries and three (3) Assistant Secretaries who shall be
appointed by the President upon the recommendation of the Secretary.
The Secretary is hereby authorized to delineate and assign the
respective functional areas of responsibility of the Undersecretaries
and Assistant Secretaries.
CHAPTER
3 — DEPARTMENT SERVICES
Sec. 7. Planning Service. — The Planning Service
shall be responsible for providing the Department with efficient and
effective services relating to planning, programming, research and
statistics.
Sec. 8. Financial and Management Service. — The
Financial and Management Service shall be responsible for providing the
Department with efficient and effective staff advise and assistance on
budgetary, financial and management improvement matters.
Sec. 9. Legal Service. — The Legal Service shall
be responsible for providing the Department with efficient and
effective legal counselling services, assistance to the Secretary in
the review or determination of subordinate bodies or agencies,
collaboration with Solicitor General in handling cases affecting the
Department, and investigation of administrative cases involving
Department personnel and local officials;
Sec. 10. Administrative Service. — The
Administrative Service shall be responsible for providing the
Department with efficient and effective services relative to personnel,
information, records, supplies, equipment, collection, disbursement,
security and custodial work, and other kinds of services not related to
the other services above enumerated.
Sec. 11. Electronic Data Processing Service. — The
Electronic Data Processing Service shall be responsible for providing
adequate and up-to-date data and management information inputs,
including monitoring of all field operations, to serve as basis for
effective planning, management and control, policy formulation and
decision-making.
CHAPTER
4 — BUREAUS AND OFFICES
Sec. 12. Bureau of Local Government Supervision. —
The Bureau of Local Government Supervision, to be headed by a Bureau
Director appointed by the President upon the recommendation of the
Secretary, shall have the following functions:
(1)
Advise and assist the Secretary in the exercise
of the power of general supervision of the President over local
government units, particularly in the formulation and implementation of
national laws, policies, and standards concerning local government
operations and their personnel;
(2) Establish
and prescribe guidelines for the
administration of the Katarungang Pambarangay Laws;
(3) Monitor
compliance with national laws and
policies by local government units;
(4) Provide
assistance in the preparation of national
legislation affecting local government units and in the promotion of
local autonomy;
(5) Extend
consultation service and advice to local
government units involved in promoting local autonomy; and
(6) Provide
assistance to local governments in the
promotion of citizens participation in local government activities;
(7) Provide
technical and financial assistance, as
well as secretariat services to the Leagues of Provinces, Cities and
Municipalities; and
(8) Perform
such other functions as may be provided
by law.
Sec. 13. Bureau of Local Government Development. —
The Bureau of Local Government Development, to be headed by a Bureau
Director appointed by the President upon the recommendation of the
Secretary shall have the following functions:
(1)
Establish and prescribe plans, policies,
programs, and projects to strengthen the administrative and technical
capabilities of local government offices and personnel;
(2) Provide
technical assistance to enhance the
administrative, fiscal and technical capabilities of local government
officers and personnel;
(3) Formulate,
prescribe and periodically evaluate
local development policies, plans, programs and projects designed to
enhance the participation of local government units in planning and
implementation;
(4) Establish
a system of incentives and grants to
local governments and prescribe policies, procedures and guidelines in
the implementation of self-help assistance projects;
(5) Formulate
and develop models, standards and
technical materials on local government development;
(6) Extend
consultation service and advice to local
government units involved in development programs;
(7)
Establish a viable system of strategies and
approaches for local governments anchored on citizen participation
within a wholistic and integrated framework for the development of
communities; and
(8) Perform
such other functions as may be provided
by law.
Sec. 14. Office of Public Affairs. — The Office of
Public Affairs shall have the following functions:
(1)
Provide technical assistance in the modernization
and maintenance of a Department-wide micro-telecommunications
systems;
(2) Provide
mechanisms for the operationalization of
the intent of the provisions of public information, coverages and
documentation of the activities of the Department;
(3) Perform
functional supervision over regional
information centers in providing the citizenry with relevant
information on the program of the Department and the Government’s
thrust towards the participation of the citizens in the democratic
processes;
(4) Formulate
plans and programs to implement the
administrative and technical capabilities of public officers and
personnel both on the central and regional levels;
(5) Establish
and prescribe guidelines in the
administration of Information and Public Assistance Services;
(6) Extend
consultation services and advice in the
implementation of Regional Information Services;
(7) Assess
information needs of the people through
opinion polls and surveys;
(8) Provide
assistance on various public programs of
the Department;
(9) Establish
and implement policies, plans, programs
and projects to meet local emergencies arising from natural and
man-made disasters; and
(10) Perform
such other duties and responsibilities
and projects assigned or delegated by the Secretary in the effective
delivery of public services or as may be required by law.
Sec. 15. Local Government Academy. — The Local
Government Academy shall be responsible for human resource development
and training of local government officials and Department personnel.
The Academy shall be under the direct supervision of a Board of
Trustees composed of the Secretary of Local Government as Chairman and
four (4) other members to be appointed by the President upon
recommendation of the Secretary. The structure and staffing pattern of
the Local Government Academy shall be prescribed and approved by the
Secretary.
Sec. 16. National Barangay Operations Office. —
The National Barangay Operations Office which shall be headed by a
Director to be appointed by the President upon the recommendation of
the Secretary, shall have the following functions:
(1)
Formulate policies, plans and programs that will
promote community and citizen participation in the political
development of the barangay through the mobilization and participation
of barangay assemblies;
(2) Initiate
projects on innovative barangay
development strategies and approaches in close coordination with the
Bureau of Local Government Development;
(3) Provide
secretariat services to the Association
of Barangay Councils and serve as a clearing house on matters affecting
barangay officials’ insurance, hospitalization, educational and other
benefits as provided by law;
(4) Provide
continuing information dissemination to
barangay units on national development efforts and issues in order for
barangay assembly members to participate meaningfully in national
development;
(5) Establish
and maintain masterlists of barangays,
barangay officials and barangay socio-economic profiles;
(6) Provide
situational and political analysis for
the Secretary on barangay affairs; and
(7) Perform
other functions as may be delegated by
the Secretary or as provided for by law.
Sec. 17. Office of Project Development Services. —
The Office of Project Development Services shall have the following
functions:
(1)
Formulate innovative approaches and strategies
designed to promote technical capabilities of local governments;
(2) Assist in
the development of program components
for the implementation of tested and appropriate system and processes
at the local level; and
(3) Perform
other functions as may be delegated by
the Secretary or as provided by law.
CHAPTER
5 — REGIONAL AND FIELD OFFICES
Sec. 18. Regional and Field Offices. — The
Secretary is authorized to establish, operate and maintain one Regional
Office in each of the administrative regions established by law. A
Regional Office shall have, within its administrative region, the
following functions:
(1)
Implement laws, rules, and regulations, other
issuances, policies, plans, programs and projects of the Department;
(2) Provide
efficient and effective service to local
government;
(3) Coordinate
with regional offices of other
departments, offices and agencies affecting local administration and
development;
(4) Assist
local government units in developing their
capabilities for local government administration and development; and
(5) Perform
such other functions as may be delegated
by the Secretary or as provided by law.
CHAPTER
6 — LEAGUES OF PROVINCES, CITIES AND MUNICIPALITIES
Sec. 19. Leagues of Provinces, Cities and
Municipalities. — There is hereby created the Leagues of Provinces,
Cities and Municipalities.
The functions, budget and records of the Katipunan ng mga Sanggunian
National Secretariat and the Pambansang Katipunan ng mga Punong Bayan
sa Pilipinas, shall be transferred to the Leagues of Provinces, Cities
and Municipalities. The Leagues shall be under the supervision of the
Bureau of Local Government Supervision.
The Secretary is hereby authorized to promulgate the necessary
implementing rules that will activate these Leagues.
Title
XIII
TOURISM
CHAPTER 1 — GENERAL PROVISIONS
Section 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 imbued with greater pride in and commitment
to the nation.
Sec. 2. Mandate. — The Department of Tourism shall
be the primary government agency charge with the responsibility to
encourage, promote and develop tourism as a major socio-economic
activity to generate foreign currency and employment and to spread the
benefits of tourism to a wider segment of the population with the
support, assistance and cooperation of both the private and public
sectors, and to assure the safe, convenient, enjoyable stay and travel
of the foreign and local tourists in the country.
Sec. 3. Powers and Functions. — The Department
shall have the following powers and functions:
(1)
Formulate policies, plans, programs and projects
for the development of the tourism industry;
(2)
Administer, coordinate and supervise all
activities of the Government concerning tourism;
(3) Advise the
President on the promulgation of laws
relative to the policy, plans, programs and projects designed to
promote and develop the tourism industry;
(4) Effect the
removal of unnecessary barriers to
travel, the integration and simplification of travel regulations as
well as their efficient, fair and courteous enforcement to assure
expeditious and hospitable reception of all tourists and travelers;
(5) Represent
the government in all such conferences
and meetings concerning tourism and travel and discharge such
responsibilities of the government as may arise from treaties,
agreements and other commitments on tourism and travel to which it is
signatory;
(6) Formulate
standards for tourism-oriented
establishments that will prescribe minimum levels of operating quality
and efficiency in order to ensure that facilities, personnel and
services are maintained in accordance with acceptable local and
international norms in the operations of tourism-oriented
establishments;
(7) Approve
the construction standards of accredited
tourism-oriented establishments including hotels, resorts, inns, motels
and other related facilities and services and prescribe information
reporting on the purchase, sale or lease of the said establishments and
facilities;
(8) Provide
the protection, maintenance and
preservation of historical, cultural and natural assets which are
tourist attractions with the appropriate government agencies or with
the private sector or with the owners of said assets or attractions;
(9) Undertake
research studies and surveys for the
continuing analysis of economic conditions and trends relating to
tourism and maintain a statistical data bank on the tourism industry;
(10) Design
programs to encourage private-sector
investment and participation in tourism activities and projects;
(11) Set up
and organize foreign field offices for
the purpose of overseeing all marketing and promotional activities and
implementing programs of the Department;
(12) Arrange,
whenever deemed appropriate, for the
reclamation of any land adjacent to or adjoining a tourist zone in
coordination with appropriate government agencies;
(13) Delegate
any specific powers and functions in
favor of the regional offices to promote efficiency and effectiveness
in the delivery of public service;
(14) Enlist
the aid, assistance and support of any
and all government agencies, civil or military, in the implementation
of the provisions of laws pertaining to the Department or of its rules
and regulations;
(15) Exercise
such powers and functions as may be
necessary, proper, or incidental to the attainment of its mandate;
(16) Perform
such other functions as may be provided
by law.
Sec. 4. Organizational Structure. — The Department
shall consist of the Department Proper, Department Services, Bureaus
and Offices, Regional and Foreign Offices.
The Department Proper shall consist of the Offices of the Secretary and
Undersecretaries which shall be responsible for the preparation and
development of policies, plans, programs and projects of the
Department.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 5. Office of the Secretary. — The Office of
the Secretary shall consist of the Secretary and his immediate staff.
Sec. 6. Undersecretaries. — The Secretary shall be
assisted by four (4) Undersecretaries, namely:
(1)
Undersecretary for Planning, Product Development
and Coordination, who shall be responsible for the Office of Tourism
Development Planning, Office of Product Development and Office of
Tourism Coordination;
(2)
Undersecretary for Tourism Services and Regional
Offices, who shall be responsible for the Office of Tourism Standards
and all Regional Offices;
(3)
Undersecretary for Tourism Promotions, who shall
be responsible for the Bureau of International Tourism Promotion,
Bureau of Domestic Tourism Promotion and Office of Tourism Information;
and
(4)
Undersecretary for Internal Services, who shall
be responsible for the Financial and Management Service, Administrative
Service and Legal Service.
CHAPTER
3 — DEPARTMENT SERVICES
Sec. 7. Department Service Character and Head. —
The Department Services shall be essentially staff in character, each
of which shall be headed by a Service Chief. (1987), sec. 14)
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.
Sec. 9. Administrative Service. — The
Administrative Service shall provide the Department with staff advice
and assistance on personnel information, records, communications,
supplies, equipment, collection, disbursements, security, other
custodial work and such other related duties and responsibilities as
may be assigned or delegated to it by the Secretary.
Sec. 10. Legal Service. — The Legal Service shall
provide the Department with staff advice and assistance on all legal
matters affecting the Department and perform such other related
functions as may be assigned or delegated to it by the Secretary.
CHAPTER
4 — BUREAUS AND OFFICES
Sec. 11. Bureau and Office Character and Head. —
The Bureaus and Offices shall be essentially staff in character, each
of which shall be headed by a Staff Director.
Sec. 12. Bureau of Domestic Tourism Promotions and
Information. — The Bureau of Domestic Tourism Promotions and
Information shall have the following functions:
(1)
Organize and coordinate programs of public
relations, promotions, and publicity; encourage domestic tourism and
encourage overseas visitors to travel throughout the Philippines;
(2) Design and
provide support for dissemination of
materials for publicity as tourist attractions in the Philippines;
promote educational and cultural tours to increase travel within the
country;
(4) Plan
promotional campaigns through advertising
and publicity and coordinate promotional efforts with the private
sector through sales campaigns and information dissemination; and
(5) Organize
special events for the promotion of
local destinations.
Sec. 13. Bureau of International Tourism
Promotions. — The Bureau of International Tourism promotions shall have
the following functions:
(1)
Generate favorable publicity on the Philippines;
(2)
Disseminate current information on the country
and its tourist products;
(3) Provide
support for the private sector in the
promotional campaign;
(4) Organize
special events to promote the country as
a tourist destination;
(5) Gather
market intelligence and research
information on tourist markets through the Foreign Field Offices;
(6) Monitor
trends and developments in international
tourism through the Foreign Field Offices;
(7) Organize,
set up and participate in international
meetings, conferences and conventions on tourism; and
(8) Supervise
foreign field offices charged with
coordinating and assisting in the marketing and promotional activities
and programs of the Department.
Sec. 14. Office of Tourism Information. — The
Office of Tourism Information shall have the following functions:
(1)
Promote a continuing wholesome and informative
relationship between the Department and the travelling public;
(2) Cause the
widest publicity of existing and
forthcoming activities and programs of the Department through a
functional relationship with the media; and
(3) Organize
and disseminate promotional and tourist
information materials to
various tourist assistance
centers.
Sec. 15. Office of Tourism Standards. — The Office
of Tourism Standards shall have the following functions:
(1)
Approve the construction standards of
tourism-oriented establishments including hotels, resorts, inns,
motels, and other related facilities and services, prescribe
information reporting on purchase, sale or lease of accredited
tourism-oriented facilities and ensure a harmonious, positive and
constructive development of the tourism, industry;
(2) Formulate
operating standards for
tourism-oriented establishments including hotels and resorts,
restaurants, inns, motels, and other related facilities and services,
that will prescribe minimum levels of operating quality and efficiency
in order to ensure that facilities, personnel and services are
maintained in accordance with acceptable local and international norms
in the operations of tourism-oriented establishments;
(3) Regulate
and issue licenses to qualified travel
agencies in accordance with the rules and regulations promulgated by
the Secretary;
(4) Encourage
formation of industry associations for
accreditations by the Department;
(5) Assist in
auditioning Filipino entertainers in
order to project properly and enhance the Filipino image in the
entertainment field and thereby gain better international respect and
reputation; and
(6) Coordinate
with all agencies concerned on the
enforcement of rules and regulations promulgated by the Department.
Sec. 16. Office of Tourism Development Planning. —
The Office of Tourism Development Planning shall have the following
functions:
(1)
Formulate plans and policies for the development
of the tourism industry, including but not limited to national tourism
plans and the identification of master physical plans for tourism zones
within the country;
(2) Monitor
and evaluate plans, programs and projects
of the Department to ensure their effective implementation;
(3) Undertake
research studies and surveys for the
continuing analysis of the tourism industry;
(4) Compile
and integrate statistical data on the
tourism industry and publish the same;
(5) Coordinate
and assist in the implementation of
tourism-oriented projects, plans or operations of local governments,
governmental agencies, public corporations, and where clearly necessary
and feasible, those of private entities so as to make possible the
accelerated and balanced growth and development of tourism in the
Philippines which is responsible to the needs of targetted travel
markets, domestic and foreign, and beneficial to a greater number of
Filipino communities;
(6) Analyze
specific geographical areas with
potential tourism value leading to the preparation of a national
tourism development plan which will establish the order of priority for
the development plan of tourist zone;
(7) Formulate
a government plan for each zone in
coordination with other government agencies and local government units
exercising political jurisdiction over the area, provided, that the
plan of the zone to be developed shall cover specifically those aspects
pertaining to tourisms; provided further, that the tourism development
plan is fully coordinated and integrated with other sectoral plans for
the area; and
(8) Coordinate
with appropriate local government
units and other government agencies to assist in formulating and
implementing zone regulations, including building codes, hotel
standards and such other restrictions as may be necessary within a
tourist zone to control its orderly development; preserve such
historical, cultural or natural assets or relics giving the zone its
tourism value and significance; and assure adherence to approved zone
development plans;
(9) Ensure
through proper coordination with
appropriate government agencies and local private agencies the social
growth of the community within a tourist zone; carefully control
possible negative social impact brought about by tourism development.
Sec. 17. Office of Product Development. — The
Office of Product Development shall have the following functions:
(1)
Develop and conceptualize new products which can
lead to the enhancement of tourist sites and facilities;
(2) Undertake
pilot tests for testing the viability
and acceptability of new tourism-related products and programs; and
(3) Encourage
and promote joint undertakings with the
private sector of new tourism-related products and programs.
Sec. 18. Office of Tourism Coordination. — The
Office of Tourism Coordination shall have the following functions:
(1)
Initiate and coordinate with all sectors, both
government and private, the development of the national tourism plans
and policies;
(2) Coordinate
priority activities and projects of
the Department, and other government agencies, and the private sector;
(3) Enlist the
assistance and support of any or all
of the government agencies in the implementation of the policies of the
Department; and
(4) Provide
support to all tourism-related activities
of the private sector needing government assistance.
CHAPTER
5 — FOREIGN AND REGIONAL OFFICES
Sec. 19. Foreign Field Offices. — Subject to the
approval of the President, the Department shall have foreign offices as
may be necessary in the marketing and promotion of the Philippines as
an international tourist destination, which shall oversee and implement
the marketing and promotional programs of the Department.
Sec. 20. Regional Office. — The Department is
authorized to establish, operate and maintain a Regional Office in each
of the administrative regions of the country, under the immediate
supervision of the Assistant Secretary for Tourism Services and
Regional Offices. A Regional Office shall be headed by a Regional
Director and shall, within its administrative region, have the
following functions:
(1)
Implement laws, policies, plans, programs, rules
and regulations of the Department;
(2) Provide
economical, efficient and effective
service to the people;
(3) Coordinate
with regional offices of other
departments, bureaus, and agencies;
(4) Coordinate
with local government units; and
(5) Perform
such other functions as may be provided
by law.
CHAPTER
6 — ATTACHED AGENCIES
Sec. 21. Attached Agencies. — The Philippine
Tourism Authority, and Philippine Convention Bureau, Intramuros
Administration, and National Parks Development Committee are hereby
attached to the Department and shall continue to operate and function
in accordance with the respective charters/laws/orders provided in this
Code.
Title
XIV
ENVIRONMENT AND NATURAL
RESOURCES
CHAPTER 1 — GENERAL PROVISIONS
Section 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.
(2) The State shall likewise recognize and apply a
true value system that takes into account social and environmental cost
implications relative to the utilization, development and conservation
of our natural resources.
Sec. 2. Mandate. — (1) The Department of
Environment and Natural Resources shall be primarily responsible for
the implementation of the foregoing policy.
(2) It shall, subject to law and higher authority, be
in charge of carrying out the State’s constitutional mandate to control
and supervise the exploration, development, utilization, and
conservation of the country’s natural resources.
Sec. 3. Guidelines for Implementation. — In the
discharge of its responsibility the Department shall be guided by the
following objectives:
(1)
Assure the availability and sustainability of the
country’s natural resources through judicious use and systematic
restoration or replacement, whenever possible;
(2) Increase
the productivity of natural resources in
order to meet the demands for the products from forest, mineral, land
and water resources of a growing population;
(3) Enhance
the contribution of natural resources for
achieving national economic and social development;
(4) Promote
equitable access to natural resources by
the different sectors of the population; and
(5) Conserve
specific terrestrial and marine areas
representative of the Philippine natural and cultural heritage for
present and future generations.
Sec. 4. Powers and Functions. — The Department
shall:
(1)
Advise the President and the Congress on the
enactment of laws relative to the exploration, development, use,
regulation and conservation of the country’s natural resources and the
control of pollution;
(2) Formulate,
implement and supervise the
implementation of the government’s policies, plans and programs
pertaining to the management, conservation, development, use and
replenishment of the country’s natural resources;
(3) Promulgate
rules and regulations in accordance
with law governing the exploration, development, conservation,
extraction, disposition, use and such other commercial activities
tending to cause the depletion and degradation of our natural
resources;
(4) Exercise
supervision and control over forest
lands, alienable and disposable public lands, mineral resources and, in
the process of exercising such control, impose appropriate taxes, fees,
charges, rentals and any such form of levy and collect such revenues
for the exploration, development, utilization or gathering of such
resources;
(5) Undertake
the exploration, assessment,
classification and inventory of the country’s natural resources, using
ground surveys, remote sensing and complementary technologies;
(6) Promote
proper and mutual consultation with the
private sector on matters involving natural resources exploration,
development, use and conservation;
(7) Undertake
geological surveys of the whole country
including its territorial waters;
(8) Issue
licenses and permits for activities related
to the use and development of aquatic resources, treasure hunting,
salvaging of sunken vessels and other similar activities:
(9) Establish
policies and implement programs for
the:
(a)
Accelerated inventory, survey and classification
of lands, forest and mineral resources, using appropriate technology,
to be able to come up with a more accurate assessment of resource
quality and quantity;
(b) Equitable
distribution of natural resources
through the judicious administration, regulation, utilization,
development and conservation of public lands, forest, water and mineral
resources (including mineral reservation areas), that would benefit a
greater number of Filipinos;
(c) Promotion,
development and expansion of natural
resource-based industries;
(d)
Preservation of cultural and natural heritage
through wildlife conservation and segregation of national parks and
other protected areas;
(e)
Maintenance of a wholesome natural environment by
enforcing environmental protection laws; and
(f)
Encouragement of greater people participation and
private initiative in rural resource management;
(10)
Promulgate rules and regulations necessary to:
(a)
Accelerate cadastral and emancipation patent
surveys, land use planning and public land titling:
(b) Harness
forest resources in a sustainable manner,
to assist rural development, support forest-based industries, and
provide raw materials to meet increasing demands, at the same time
keeping adequate reserves for environmental stability;
(c) Expedite
mineral resources surveys, promote the
production of metallic and non-metallic minerals and encourage mineral
marketing;
(d) Assure
conservation and judicious and sustainable
development of aquatic resources.
(11)
Assess, review and provide direction to, in
coordination with concerned government agencies, energy research and
development programs, including identification of sources of energy and
determination of their commercial feasibility for development;
(12) Regulate
the development, disposition,
extraction, exploration and use of the country’s forest, land, water
and mineral resources;
(13) Assume
responsibility for the assessment,
development, protection, licensing and regulation as provided for by
law, where applicable, of all energy and natural resources; the
regulation and monitoring of service contractors, licensees, lessees,
and permit for the extraction, exploration, development and use of
natural resources products; the implementation of programs and measures
with the end in view of promoting close collaboration between the
government and the private sector; the effective and efficient
classification and subclassification of lands of the public domain; and
the enforcement of natural resources and environmental laws, rules and
regulations;
(14)
Promulgate rules, regulations and guidelines on
the issuance of licenses, permits, concessions, lease agreements and
such other privileges concerning the development, exploration and
utilization of the country’s marine, freshwater, and brackish water and
over all aquatic resources of the country and shall continue to
oversee, supervise and police our natural resources; cancel or cause to
cancel such privileges upon failure, non-compliance or violations of
any regulation, order, and for all other causes which are in
furtherance of the conservation of natural resources and supportive of
the national interest;
(15) Exercise
exclusive jurisdiction on the
management and disposition of all lands of the public domain and serve
as the sole agency responsible for classification, sub-classification,
surveying and titling of lands in consultation with appropriate
agencies;
(16) Implement
measures for the regulation and
supervision of the processing of forest products, grading and
inspection of lumber and other forest products and monitoring of the
movement of timber and other forest products;
(17)
Promulgate rules and regulations for the control
of water, air and land pollution;
(18)
Promulgate ambient and effluent standards for
water and air quality including the allowable levels of other
pollutants and radiations;
(19)
Promulgate policies, rules and regulations for
the conservation of the country’s genetic resources and biological
diversity, and endangered habitats;
(20) Formulate
an integrated, multi-sectoral, and
multi-disciplinary National Conservation Strategy, which will be
presented to the Cabinet for the President’s approval;
(21) Perform
such other functions as may be provided
by law.
Sec. 5. Organizational Structure. — The Department
shall consist of the Department Proper, the Staff Offices, the Staff
Bureaus, and the Regional Offices, Provincial Offices and Community
Offices.
CHAPTER
2 — THE DEPARTMENT PROPER
Sec. 6. Composition. — The Department Proper shall
be composed of the Office of the Secretary, the Offices of the
Undersecretaries and Assistant Secretaries, and the Public Affairs
Office, Special Concerns Office, and the Pollution Adjudication
Board.
Sec. 7. Office of the Secretary. — The Office of
the Secretary shall consist of the Secretary and his immediate staff.
Sec. 8. The Secretary. — The Secretary shall:
(1)
Advise the President on the promulgation of
rules, regulations and other issuances relative to the conservation,
management, development and proper use of the country’s natural
resources;
(2) Establish
policies and standards for the
efficient and effective operations of the Department in accordance with
the programs of the government;
(3) Promulgate
rules, regulations and other issuances
necessary in carrying out the Department’s mandate, objectives,
policies, plans, programs and projects.
(4) Exercise
supervision and control over all
functions and activities of the Department;
(5) Delegate
authority for the performance of any
administrative or substantive function to subordinate officials of the
Department; and
(6) Perform
such other functions as may be provided
by law or assigned by the President.
Sec. 9. Undersecretaries. — The Secretary shall be
assisted by five (5) Undersecretaries upon the recommendation of the
Secretary. The Secretary is thereby authorized to delineate, assign
and/or reassign the respective functional areas of responsibility of
each Undersecretary, Provided, That such responsibility shall be with
respect to the mandate and objectives of the Department; and Provided,
further, That no Undersecretary shall be assigned primarily
administrative responsibilities. Within his functional area of
responsibility, an Undersecretary shall have the following functions:
(1)
Advise the Secretary in the promulgation of
Department orders, administrative orders and other issuances, with
respect to his area of responsibility;
(2) Exercise
supervision and control over the
offices, services, operating units and officers and employees under his
responsibility;
(3) Promulgate
rules and regulations, consistent with
Department policies, that will efficiently and effectively govern the
activities of units under his responsibility;
(4) Coordinate
the functions and activities of the
units under his responsibility with those of other units under the
responsibility of other Undersecretaries;
(5) Exercise
such authority on substantive and
administrative matters related to the functions and activities of units
under his responsibility to the extent granted by the Secretary through
administrative issuances; and
(6) Perform
such other functions as may be provided
by law or assigned by the Secretary.
Sec. 10. Assistant Secretaries. — The Secretary
and the Undersecretaries shall, in the formulation, management and
implementation of natural resources laws, policies, plans and programs
and projects, also be assisted by seven (7) Assistant Secretaries who
shall be responsible for the following: one (1) for Policy and Planning
Studies, one (1) for Foreign-Assisted and Special Projects, one (1) for
Field Operations in Luzon, one (1) for Field Operations in the Visayas,
and one (1) for Field Operations in Mindanao, one (1) for Legal
Affairs, and one (1) for Management Services.
Sec. 11. Public Affairs Office. — The Public
Affairs Office, under the Office of the Secretary, shall be headed by a
Director to be assisted by an Assistant Director, and shall serve as
the public information arm of the Department. It shall be responsible
for disseminating information on natural resources development
policies, plans, programs and projects and respond to public queries
related to the development and conservation of natural resources.
Sec. 12. Special Concerns Office. — The Special
Concerns Office, also under the Office of the Secretary, shall be
headed by a Director to be assisted by an Assistant Director, and shall
be responsible for handling priority areas or subjects identified by
the Secretary which necessitate special and immediate attention.
Sec. 13. Pollution Adjudication Board. — The
Pollution Adjudication Board, under the Office of the Secretary, shall
be composed of the Secretary as Chairman, two Undersecretaries as may
be designated by the Secretary, the Director of Environmental
Management, and three others to be designated by the Secretary as
members. The Board shall assume the powers and functions of the
Commission/Commissioners of the National Pollution Control Commission
with respect to the adjudication of pollution cases under Republic Act
3931 and Presidential Decree 984, particularly with respect to Sec. 6 letters (e), (f), (g), (j), (k) and (p) of P.D. 984. The
Environmental Management Bureau shall serve as the Secretariat of the
Board. These powers and functions may be delegated to the regional
officers of the Department in accordance with rules and regulations to
be promulgated by the Board.
CHAPTER
3 — THE STAFF SECTORAL BUREAUS
Sec. 14. Forest Management Bureau. — The Forest
Management Bureau shall be headed by a Director and assisted by an
Assistant Director, and shall integrate and absorb the powers of the
Bureau of Forest Development and the Wood Industry Development
Authority which were abolished by Executive Order No. 131, except those
line functions and powers thereof which are transferred to the regional
field office.
It shall advise the Secretary on matters pertaining to forest
development and conservation. As its primary functions, it shall:
(1)
Recommend policies and/or programs for the
effective protection, development, occupancy, management and
conservation of forest lands and watersheds, including the grazing and
mangrove areas; reforestation and rehabilitation of critically denuded
or degraded forest reservations, improvement of water resource use and
development, development of national parks, preservation of wilderness
areas, game refuges and wildlife sanctuaries, ancestral lands,
wilderness areas and other natural preserves, development of forest
plantations, including rattan, bamboo, and other valuable non-timber
forest resources; and rationalization of the wood-based industries,
regulation of the utilization and exploitation of forest resources,
including wildlife, to ensure continuous supply of forest and goods and
services;
(2) Advise the
regional offices in the implementation
of the above policies and/or programs;
(3) Develop
plans, programs, operating standards and
administrative measures to promote the Bureau’s objectives and
functions;
(4) Assist in
the monitoring and evaluation of
forestry and watershed development projects to ensure efficiency and
effectiveness;
(5) Undertake
studies on the economics of forestry
and forest-based industries, including supply and demand trends on the
local, national and international levels, identifying investment
problems and opportunities in various areas; and
(6) Perform
such other functions as may be provided
by law or assigned by the Secretary.
Sec. 15. Lands Management Bureau. — The Lands
Management Bureau, to be headed by Director and assisted by an
Assistant Director, shall absorb the functions and powers of the Bureau
of Lands abolished by Executive Order No. 131, except those line
functions and powers thereof which are transferred to the regional
field offices.
It shall advise the Secretary on matters pertaining to rational
management and disposition and shall have the following functions:
(1)
Recommend policies and programs for the efficient
and effective administration, surveys, management and disposition of
alienable and disposable lands of the public domain and other lands
outside the responsibilities of other government agencies, such as
reclaimed areas and other areas not needed for or are not being
utilized for the purposes for which they have been established;
(2) Advise the
Regional Offices on the efficient and
effective implementation of policies, programs and projects for more
effective public lands management;
(3) Assist in
the monitoring and evaluation of land
surveys, management and disposition of lands to ensure efficiency and
effectiveness thereof;
(4) Issue
standards, guidelines, regulations and
orders to enforce policies for the maximization of land use and
development;
(5) Develop
operating standards and procedures to
promote the Bureau’s objectives and functions; and
(6) Perform
such other functions as may be provided
by law or assigned by the Secretary.
Sec. 16. Mines and Geo-Sciences Bureau. — The
Mines and Geo-Sciences Bureau, to be headed by a Director and assisted
by an Assistant Director shall absorb the functions of the Bureau of
Mines and Geo-Sciences, Mineral Reservation Development Board, and the
Gold Mining Development Board which were abolished by Executive Order
No. 131, except line functions and powers thereof which are transferred
to the regional field offices.
It shall advise the Secretary on matters pertaining to geology and
mineral resources exploration, development, utilization and
conservation and shall:
(1)
Recommend policies, regulations or programs
pertaining to mineral resources development and geology;
(2) Advise the
Secretary on the granting of mining
rights and contracts over areas containing metallic and non-metallic
mineral resources;
(3) Advise the
Regional Offices on the effective
implementation of mineral development and conservation programs as well
as geological surveys;
(4) Recommend
policies, regulations and oversee the
development and exploitation of mineral resources of the sea within the
country’s jurisdiction such as silica sand, gold placer, magnetic and
chromite sand, etc;
(5) Assist in
the monitoring and evaluation of the
Bureau’s programs and projects to ensure efficiency and effectiveness
thereof;
(6) Develop
and promulgate standards and operating
procedures on mineral resources development and geology;
(7) Supervise
and control the development and
packaging of nationally applicable technologies on geological survey,
mineral resource assessment, mining and metallurgy; the provision of
geological, metallurgical, chemical and rock mechanics laboratory
services; the conduct of marine geological and geophysical survey and
natural exploration drilling programs; and
(8) Perform
such other functions as may be provided
by law or assigned by the Secretary.
Sec. 17. Environmental Management Bureau. — The
Environmental Management Bureau, to be headed by a Director who shall
be assisted by an Assistant Director shall, subject to the provisions
of this Code relative to the Pollution Adjudication Board, absorb and
integrate the powers and functions of the National Environmental
Protection Council, the National Pollution Control Commission, and the
Environmental Center of the Philippines which are hereby abolished.
It shall advise the Secretary on matters relating to environmental
management, conservation, and pollution control, and shall:
(1)
Recommend possible legislation, policies and
programs for environmental management and pollution control;
(2) Advise the
Regional Offices in the efficient and
effective implementation of policies, programs, and projects for the
effective and efficient environmental management and pollution control;
(3) Formulate
environmental quality standards such as
the quality standards for water, air, land, noise and radiations;
(4) Recommend
rules and regulation for environmental
impact assessments and provide technical assistance for their
implementation and monitoring;
(5) Formulate
rules and regulations for the proper
disposition of solid wastes, toxic and hazardous substances;
(6) Advise the
Secretary on the legal aspects of
environmental management and pollution control and assist in the
conduct of public hearings in pollution cases;
(7) Provide
secretariat assistance to the Pollution
Adjudication Board;
(8) Coordinate
the inter-agency committees that may
be created for the preparation of the State of the Philippine
Environment Report and the National Conservation Strategy;
(9) Provide
assistance to the Regional Office in the
formulation and dissemination of information on environmental and
pollution matters to the general public;
(10) Assist
the Secretary and the Regional Officers
by providing technical assistance in the implementation of
environmental and pollution laws; and
(11) Provide
scientific assistance to the Regional
Offices in the conduct of environmental research programs.
Sec. 18. Ecosystems Research and Development
Bureau. — The Ecosystems Research and Development Bureau, to be headed
by a Director and assisted by an Assistant Director, shall absorb the
powers and functions of the Forest Research Institute and the National
Mangrove Committee, which are hereby abolished.
It shall:
(1)
Formulate and recommend an integrated research
program relating to Philippine ecosystems and natural resources such as
minerals, lands, forests, as holistic and interdisciplinary fields of
inquiry;
(2) Assist the
Secretary in determining a system of
priorities for the allocation of resources to various technological
research programs of the department;
(3) Provide
technical assistance in the
implementation and monitoring of the aforementioned research programs;
(4) Generate
technologies and provide scientific
assistance in the research and development of technologies relevant to
the sustainable uses of Philippine ecosystems and natural resources;
and
(5) Assist the
Secretary in the evaluation of the
effectiveness of the implementation of the integrated research
programs.
The Ecosystems Research and Development Bureau shall directly manage
and administer the Forest Research Institute Research Offices,
laboratories, and forest experiment stations located at UP Los
Baños and such other field laboratories as the Secretary may
assign to its direct supervision. The Bureau shall coordinate all
technological researches undertaken by the field offices, assess and
translate all recommendable findings and disseminate such findings for
all possible users and clientele.
Sec. 19. Protected Areas and Wildlife Bureau. —
The Protected Areas and Wildlife Bureau, to be headed by a Director and
assisted by an Assistant Director, shall absorb the Division of Parks
and Wildlife and the Marine Parks Program of the Bureau of Forest
Development as well as the Calauit Game Preserve and Wildlife
Sanctuary, Presidential Committee on the Conservation of Tamaraw, Ninoy
Aquino Parks and Wildlife Center (formerly Parks and Wildlife Nature
Center), shares in Kabuhayan Program and Agro Forestry State Projects
of the KKK Processing Authority, all national parks, wildlife
sanctuaries and game preserves previously managed and administered by
the Ministry of Human Settlement including National Parks Reservation
situated in the provinces of Bulacan, Rizal, Laguna and Quezon formerly
declared as Bagong Lipunan Sites of said Ministry, Magat Forest
Reservation and Mt. Arayat National Park, formerly with the Ministry of
Tourism.
The Bureau shall:
(1)
Formulate and recommend policies, guidelines,
rules and regulations for the establishment and management of an
Integrated Protected Areas Systems such as national parks, wildlife
sanctuaries and refuge, marine parks, and biospheric reserves;
(2) Formulate
and recommend policies, guidelines,
rules and regulations for the preservation of biological diversity,
genetic resources, the endangered Philippine flora and fauna;
(3) Prepare an
up-to-date listing of endangered
Philippine flora and fauna and recommend a program of conservation and
propagation of the same;
(4) Assist the
Secretary in the monitoring and
assessment of the management of the Integrated Protected Areas System
and provide technical assistance to the Regional Offices in the
implementation of programs for these areas; and
(5) Perform
such other functions as may be provided
by law or assigned by the Secretary.
CHAPTER
4 — THE DEPARTMENT FIELD OFFICES
Sec. 20. Field Offices of the Department. — The
Field offices of the Department are the Environmental and Natural
Resources Regional Offices in the thirteen (13) administrative regions
of the country; the Environment and Natural Resources Provincial Office
in every province, and the Community Office in every municipality,
whenever deemed necessary.
Sec. 21. Environment and Natural Resources
Regional Office. — A Regional Office shall be directly under the
supervision and control of the Undersecretary for Field Operations and
shall be headed by a Regional Executive Director (with the rank of
Regional Director) who shall be assisted by five (5) Assistant Regional
Technical Directors, (with the rank of Assistant Regional Director),
one (1) each for Forestry, for Lands Management, for Mines and
Geo-Sciences, Environmental Management and Ecosystems Research,
respectively, and who shall be Career Executive Service Officers.
An Environment and Natural Resources Regional Office shall be located
in the identified regional capital and shall have the following
functions:
(1)
Implement laws, policies, plans, programs,
projects, and rules and regulations of the Department to promote the
sustainability and productivity of natural resources, social equity in
natural resource utilization and environmental protection;
(2) Provide
efficient and effective delivery of
services to the people;
(3) Coordinate
with regional offices of other
departments, offices, agencies in the region and local government units
in the enforcement of natural resource conservation laws and
regulations, and in the formulation/implementation of natural resource
programs and projects;
(4) Recommend
and, upon approval, implement programs
and projects on forestry, minerals, and land management and
disposition;
(5) Conduct a
comprehensive inventory of natural
resources in the region and formulate regional short and long-term
development plans for the conservation, utilization and replacement of
natural resources;
(6) Evolve
respective regional budget in conformity
with the priorities established by the Regional Development Councils;
(7) Supervise
the processing of natural resources
products, grade and inspect minerals, lumber and other wood processed
products, and monitor the movement of these products;
(8) Conduct
field researches for appropriate
technologies recommended for various projects; and
(9) Perform
such other functions as may be provided
by law or assigned by the Secretary.
Sec. 22. Provincial and Community Offices. — The
Natural resources provincial and community offices shall each be headed
by a provincial natural resource officer and community natural resource
officer, respectively. They shall take over the functions of the
district offices of the former Bureau of Forest Development, Bureau of
Lands, and Bureau of Mines and Geo-Sciences.
CHAPTER
5 — ATTACHED AGENCIES AND CORPORATIONS
Sec. 23. Attached Agencies and Corporations. — The
following agencies and corporations shall be attached to and under the
administrative supervision of the Department:
(1)
National Mapping and Research Information
Authority;
(2) National
Electrification Administration; and
(3) National
Resources Development Corporation.
The agencies attached to the Department shall continue to operate and
function in accordance with the respective laws creating them, except
as otherwise provided in this Code.
Title
XV
TRANSPORTATION AND
COMMUNICATIONS
CHAPTER 1 — GENERAL PROVISIONS
Section 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.
Sec. 2. Mandate. — The Department of
Transportation and Communications shall be the primary policy,
planning, programming, coordinating, implementing, regulating and
administrative entity of the Executive Branch of the government in the
promotion, development and regulation of dependable and coordinated
networks of transportation and communications systems as well as in the
fast, safe, efficient and reliable postal, transportation and
communications services.
Sec. 3. Powers and Functions.— To accomplish its
mandate, the Department shall:
(1)
Formulate and recommend national policies and
guidelines for the preparation and implementation of integrated and
comprehensive transportation and communications systems at the
national, regional and local levels;
(2) Establish
and administer comprehensive and
integrated programs for transportation and communications, and for this
purpose, it may call on any agency, corporation or organization,
whether public or private, whose development programs include
transportation and communications as integral parts thereof, to
participate and assist in the preparation and implementation of such
programs;
(3) Assess,
review and provide direction to
transportation and communications research and development programs of
the government in coordination with other institutions concerned;
(4) Administer
and enforce all laws, rules and
regulations in the field of transportation and communications;
(5) Coordinate
with the Department of Public Works
and Highways in the design, location, development, rehabilitation,
improvement, construction, maintenance and repair of all infrastructure
projects and facilities of the Department. However, government
corporate entities attached to the Department shall be authorized to
undertake specialized telecommunications, ports, airports and railways
projects and facilities as directed by the President of the Philippines
or as provided by law;
(6) Establish,
operate and maintain a nationwide
postal system that shall include mail processing, delivery services and
money order services and promote the art of philately;
(7) Issue
certificates of public convenience for the
operation of public land and rail transportation utilities and
services;
(8) Accredit
foreign aircraft manufacturers or
international organizations for aircraft certification in accordance
with established procedures and standards;
(9) Establish
and prescribe rules and regulations for
identification of routes, zones or areas of operation of particular
operators of public land services;
(10) Establish
and prescribe rules and regulations
for the establishment, operation and maintenance of such
telecommunications facilities in areas not adequately served by the
private sector in order to render such domestic and overseas services
that are necessary with due consideration for advances in technology;
(11) Establish
and prescribe rules and regulations
for the issuance of certificates of public convenience for public land
transportation utilities, such as motor vehicles, trimobiles and
railways;
(12) Establish
and prescribe rules and regulations
for the inspection and registration of air and land transportation
facilities, such as motor vehicles, trimobiles, railways and aircraft;
(13) Establish
and prescribe rules and regulations
for the issuance of licenses to qualified motor vehicle drivers,
conductors and airmen;
(14) Establish
and prescribe the corresponding rules
and regulations for enforcement of laws governing land transportation,
air transportation and postal services, including the penalties for
violations thereof, and for the deputation of appropriate law
enforcement agencies in pursuance thereof;
(15)
Determine, fix or prescribe charges or rates
pertinent to postal services and to the operation of public air and
land transportation utility facilities and services, except such rates
or charges as may be prescribed by the Civil Aeronautics Board under
its charter and, in cases where charges or rates are established by
international bodies or associations of which the Philippines is a
participating member or by bodies or associations recognized by the
Philippine government as the proper arbiter of such charges or rates;
(16) Establish
and prescribe the rules, regulations,
procedures and standards for the accreditation of driving schools;
(17)
Administer and operate the Civil Aviation
Training Center (CATC) and the National Telecommunications Training
Institute (NTTI); and
(18) Perform
such other powers and functions as may
be provided by law.
Sec. 4. Organizational Structure. — The Department
shall consist of the Department Proper, the Department Regional
Offices, the Land Transportation Franchising and Regulatory Board, and
the Attached Agencies.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 5. Office of the Secretary. — The Office of
the Secretary shall consist of the Secretary, his immediate staff, the
Franchising Review Staff and the Investigation, Security and Law
Enforcement Staff.
The Franchising Review Staff shall be headed by a Review Staff Director
with the same rank, salary and privileges of a Department Regional
Director who shall be appointed by the President upon the
recommendation of the Secretary. The Franchising Review Staff shall
assist the Secretary in the review of cases and matters pertaining to,
among others, grants of franchises and the regulation thereof.
The Investigation, Security and Law Enforcement Staff shall be headed
by a Staff Director with the same rank, salary and privileges of a
Department Service Chief. The Investigation, Security and Law
Enforcement Staff shall be responsible for: (a) providing security and
intelligence for the Department; (b) coordinating security and
intelligence activities of security units of its offices and attached
agencies; and (c) undertaking law enforcement, functions and activities
relating to land transportation.
Sec. 6. Undersecretaries. — The Secretary shall be
assisted by four (4) Undersecretaries. Each Undersecretary shall have
control and supervision over the respective offices and services
assigned to him by the Secretary.
Sec. 7. Assistant Secretaries. — The Secretary
shall also be assisted by eight (8) Assistant Secretaries each of whom
shall be responsible for the four (4) staff offices and four (4) line
offices. Each Assistant Secretary shall report to the respective
Undersecretary to whom he is assigned by the President.
Sec. 8. Staff Offices. — The Department shall have
the following staff offices:
(1)
The Office of the Assistant Secretary for
Administrative and Legal Affairs composed of the Administrative Service
and the Legal Service;
(2) The Office
of the Assistant Secretary for Finance
and Comptrollership composed of the Finance and Management Service and
the Comptrollership Service;
(3) The Office
of the Assistant Secretary for
Planning and Project Development composed of the Planning Service and
the Project Development Service; and
(4) The Office
of the Assistant Secretary for
Management Information and Project Management composed of the
Management Information Service and the Project Management Service.
Sec. 9. Line Offices. — The Department shall have
the following line offices:
(1)
The Office of the Assistant Secretary for Land
Transportation;
(2) The Office
of the Assistant Secretary for Postal
Services;
(3) The Office
of the Assistant Secretary for
Telecommunications; and
(4) The Office
of the Assistant Secretary for Air
Transportation.
The line offices shall each have an Executive Director who shall assist
the respective Assistant Secretary in the implementation and
enforcement of the policies, programs and projects, and the pertinent
laws on their respective areas of responsibilities.
Sec. 10. Service Units in the Office of the
Assistant Secretary for Land Transportation. — There shall be two
service units in the Office of the Assistant Secretary for Land
Transportation, namely:
(1)
Law Enforcement Service, and
(2) Traffic
Adjudication Service.
Each of the aforesaid service units shall be headed by a Service Chief
to be appointed by the President upon recommendation of the Secretary
of Transportation and Communication.
Sec. 11. Functions of the Law Enforcement Service.
— The Law Enforcement Service shall have the same functions and powers
as those that the former Law Enforcement Division in the Office of the
Assistant Secretary for Land Transportation exercised.
Sec. 12. Functions of the Traffic Adjudication
Service. — The Traffic Adjudication Service shall have the following
powers and functions:
(1)
To hear and decide cases involving violations of
laws, rules and regulations governing land transportation and to impose
fines and/or penalties therefor; provided that violations resulting in
damage to property and/or physical injuries or violations constituting
offenses punishable under the Revised Penal Code and other penal laws
shall be under the jurisdiction of the regular courts;
(2) To order
the impounding of motor vehicles and
confiscation of plates or the arrest of violators of laws, rules and
regulations governing land transportation;
(3) To issue
subpoena and subpoena duces tecum and to
summon witnesses to appear in any proceedings thereof, and to
administer oaths and affirmations;
(4) To
promulgate rules and regulations governing the
proceedings before it; provided that except with respect to paragraph
c, the rules of procedure and evidence prevailing in the courts of law
shall not be controlling and all reasonable means to ascertain the
facts in each case shall be used without regard to technicalities of
law and procedures but all in the interest of due process; and
(5) To perform
such other functions and duties as may
be provided by law, or as may be necessary, or proper or incidental to
its powers and functions.
CHAPTER
3 — DEPARTMENT SERVICES
Sec. 13. Department Services. — The Department
Services shall include the following:
(1)
Administrative Service;
(2) Legal
Service;
(3) Finance
and Management Service;
(4)
Comptrollership Service;
(5) Planning
Service;
(6) Project
Development Service;
(7) Management
Information Service; and
(8) Project
Management Service.
Each of the above named services shall be headed by a Service Chief
appointed by the President upon the recommendation of the Secretary.
CHAPTER
4 — REGIONAL OFFICES
Sec. 14. Regional Offices. — The Department shall
have three (3) Regional Offices in each of the administrative regions
of the country: the Regional Office for Land Transportation, the
Regional Office for Telecommunications and the Regional Office for
Postal Services. Each Regional Office shall be headed by a Regional
Director to be assisted by an Assistant Regional Director.
The Regional Offices shall essentially be line in character and shall
be responsible for the delivery of all front line services of the
Department.
For such purposes, the Regional Offices shall have, within their
respective administrative regions, the following functions:
(1)
Implement laws, policies, plans, programs,
projects, rules and regulations of the Department;
(2) Provide
efficient and effective service to the
people;
(3) Coordinate
with regional offices of other
departments, offices and agencies;
(4) Coordinate
with local government units; and
(5) Perform
such other functions as may be provided
by law.
The Office of the Secretary shall have direct line supervision and
control over Regional Offices.
CHAPTER
5 — REGULATORY BOARD
Sec. 15. Land Transportation Franchising and
Regulatory Board. — The quasi-judicial powers and functions with
respect to land transportation shall be exercised through the Land
Transportation and Regulatory Board, hereinafter referred to as the
“Board”.
Sec. 16. Composition of the Board. — The Board
shall be composed of a Chairman and two (2) members with the rank,
salary and privileges of an Assistant Secretary, all of whom shall be
appointed by the President of the Philippines upon recommendation of
the Secretary of Transportation and Communications. One (1) member of
the Board shall be a member of the Bar and shall have been engaged in
the practice of law in the Philippines for at least five (5) years,
another a holder of a degree in civil engineering, and the other a
holder of a degree in economics, finance or management both with the
same number of years of experience and practice.
Sec. 17. Executive Director and Support Staff of
the Board. — The Board shall have an Executive Director who shall also
be appointed by the President of the Philippines upon the
recommendation of the Secretary of Transportation and Communications.
He shall have the rank, salary and privileges of a Department Service
Chief. He shall assist the Board in the performance of its powers and
functions.
The Board shall be supported by the Technical Evaluation Division,
Legal Division, Management Information Division, Administrative
Division and Finance Division.
Sec. 18. Supervision and Control Over the Board. —
The Secretary of Transportation and Communications, through his duly
designated Undersecretary, shall exercise administrative supervision
and control over the Land Transportation Franchising and Regulatory
Board.
Sec. 19. Powers and Functions of the Land
Transportation Franchising and Regulatory Board. — The Board shall:
(1)
Prescribe and regulate routes, economically
viable capacities, and zones or areas of operation of public land
transportation services provided by motorized vehicles in accordance
with the public land transportation development plans and programs
approved by the Department of Transportation and Communications;
(2) Issue,
amend, revise, suspend or cancel
Certificates of Public Convenience or permits authorizing the operation
of public land transportation services provided by motorized vehicles,
and prescribe the appropriate terms and conditions therefor;
(3) Determine,
prescribe, approve and periodically
review and adjust reasonable fares, rates and other related charges,
relative to the operation of public land transportation services
provided by motorized vehicles;
(4) Issue
preliminary or permanent injunctions,
whether prohibitory or mandatory, in all cases in which it has
jurisdiction and in which cases the pertinent provisions of the Rules
of Court shall apply;
(5) Punish for
contempt of the Board, both direct and
indirect, in accordance with the pertinent provisions of, and the
penalties prescribed by, the Rules of Court;
(6) Issue
subpoena and subpoena duces tecum and to
summon witnesses to appear in any proceedings of the Board, to
administer oaths and affirmations, and, in appropriate cases, to order
the search and seizure of all vehicles and documents, upon probable
cause and as may be necessary for the proper disposition of the cases
before it;
(7) Conduct
investigations and hearings of complaints
for violation of the public service laws on land transportation and of
the Board’s rules and regulations, orders, decisions or rulings and to
impose fines or penalties for such violations;
(8) Review
motu propio the decisions/actions of the
Regional Franchising and Regulatory Offices;
(9) Promulgate
rules and regulations governing
proceedings before the Board and the Regional Franchising and
Regulatory Office. However, except with respect to paragraphs 4, 5, 6,
and 7 hereof, the rules of procedure and evidence prevailing in the
courts of law should not be controlling but rather the spirit and
intention of said rules. The Board and the Regional Franchising and
Regulatory Offices shall use every and all reasonable means to
ascertain facts in each case speedily and objectively and without
regard to technicalities of law and procedures, all in the interest of
due process;
(10) Fix,
impose and collect, and periodically review
and adjust, reasonable fees and other related charges for services
rendered;
(11)
Formulate, promulgate, administer, implement and
enforce rules and regulations on land transportation public utilities,
standards of measurements or design, and rules and regulations
requiring operators of any public land transportation service to equip,
install and provide in their utilities and in their stations such
devices, equipment, facilities and operating procedures and techniques
as may promote safety, protection, comfort and convenience to persons
and property in their charges as well as the safety of persons and
property within their areas of operation;
(12)
Coordinate and cooperate with other government
agencies and entities concerned with any aspect involving public land
transportation services with the end in view of effecting continuing
improvement of such services; and
(13) Perform
such other functions and duties as may
be provided by law, or as may be necessary, or proper or incidental to
the purposes and objectives of the Department;
Sec. 20. Decisions of the Board; Appeals therefrom
or Review Thereof. — The Board, in the exercise of its powers and
functions, shall sit and render its decision en banc. Every such
decision, order, or resolution of the Board must bear the concurrence
and signature of at least two (2) members thereof.
The decision, order or resolution of the Board shall be appealable to
the Secretary within thirty (30) days from receipt of the decision.
However, the Secretary may motu propio review and decision or action of
the Board before the same becomes final.
Sec. 21. Regional Franchising and Regulatory
Offices. — There shall be a Regional Franchising and Regulatory Office
in each of the administrative regions of the country which shall be
headed by a Regional Director having the rank, salary and privileges of
a Department Assistant Regional Director. The Regional Franchising and
Regulatory Offices shall hear and decide uncontested
applications/petitions for routes, within their respective
administrative regions but that applications/petitions for routes
extending beyond their respective territorial jurisdiction shall be
heard and decided by the Board.
Sec. 22. Appeals. — The decisions, orders or
resolutions of the Regional Franchising and Regulatory Offices shall be
appealable to the Board within thirty (30) days from receipt of the
decision.
CHAPTER
6 — ATTACHED AGENCIES
Sec. 23. Attached Agencies and Corporations. — The
following agencies and corporations are attached to the Department: The
Philippine National Railways, the Maritime Industry Authority, the
Philippine National Lines, the Philippine Aerospace Development
Corporation, the Metro Manila Transit Corporation, the Office of
Transport Cooperatives, the Philippine Ports Authority, the Philippine
Merchant Marine Academy, the Toll Regulatory Board, the Light Rail
Transit Authority, the Transport Training Center, the Civil Aeronautics
Board, the National Telecommunications Commission and the Manila
International Airport Authority.
Sec. 24. Functions of Attached Agencies and
Corporations. — The Agencies attached to the Department shall continue
to operate and function in accordance with the respective charters or
laws creating them, except when they conflict with this Code.
Title
XVI
SOCIAL WELFARE AND DEVELOPMENT
CHAPTER 1 — GENERAL PROVISIONS
Section 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.
Sec. 2. Mandate. — The Department shall provide a
balanced approach to welfare whereby the needs and interests of the
population are addressed not only at the outbreak of crisis but more
importantly at the stage which would inexorably lead to such crisis.
Following such strategy, the Department’s objectives shall be to:
(1)
Care for, protect and rehabilitate the physically
and mentally handicapped and socially disabled constituents, for
effective social functioning;
(2) Provide an
integrated welfare package to its
constituents on the basis of their needs and coordinate the service
facilities required from such departments or agencies, governmental and
non-governmental, which can best provide them;
(3) Arrest the
further deterioration of the socially
disabling or dehumanizing conditions of the disadvantaged segment of
the population at the community level; and
(4) Advocate
for policies and measures addressing
social welfare concerns.
Sec. 3. Powers and Functions. — To accomplish its
mandate and objectives, the Department shall:
(1)
Formulate, develop and implement plans, programs
and projects in the field of social welfare and development;
(2) Adopt
policies to ensure effective implementation
of programs for public and private social welfare services;
(3) Promote,
support and coordinate the
establishment, expansion and maintenance of non-government social
welfare facilities, projects and services;
(4) Establish,
operate, maintain and otherwise
support institutional facilities, projects and services for its
constituents;
(5) Promote,
build and strengthen people’s
organizations for a self-directing welfare system at the grassroots
level;
(6) Promote,
support and coordinate networks and
facilities for the identification and delivery of appropriate
interventions to its welfare constituents;
(7) Accredit
institutions and organizations engaged
in social welfare activities and provide consultative and information
services to them;
(8) Undertake
researches and studies on matters
pertaining to its constituency;
(9) Initiate,
promote and maintain bilateral and
multi-lateral linkages for technical cooperation, in coordination with
the Department of Foreign Affairs;
(10) Provide
advisory services and develop and
implement training standard and programs for personnel, social workers
and students and third-country participants for career and staff
development in social welfare activities;
(11)
Disseminate information and publish technical
bulletins on social welfare and development;
(12) Deputize
law enforcement agencies to assist in
the implementation of laws, rules and regulations for the protection of
the rights of the exploited, abused and disadvantaged;
(13) Regulate
fund drives, public solicitations and
donations for charitable or welfare purposes;
(14) Set
standards, accredit and monitor performance
of all social welfare activities in both public and private sectors;
(15) Exercise
functional and technical supervision
over social workers in other government settings or agencies like
courts, hospitals, schools and housing projects;
(16) Deputize
local government units and other
agencies of government as are necessary in providing disaster relief;
(17)
Coordinate all activities pertaining to the
implementation of programs and services for the disabled, the aging and
other socially disadvantaged; and
(18) Perform
such other functions as may be provided
by law.
Sec. 4. Organizational Structure. —The Department,
aside from the Department Proper comprising the Office of the
Secretary, the Offices of the Undersecretaries and Assistant
Secretaries and the Services, shall consist of the Bureaus, Regional
Offices, Provincial/City Offices and Municipal/District Offices.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 5. Office of the Secretary. — The Office of
the Secretary shall consist of the Secretary and the Secretary’s
immediate staff, and the Public Affairs and Liaison Service.
Sec. 6. Undersecretaries. — The Secretary shall be
assisted by two (2) Undersecretaries, at least one of whom must belong
to the career executive service. One Undersecretary shall supervise
internal operations while the other Undersecretary shall handle the
liaison between the Secretary and the attached agencies of the
Department.
Sec. 7. Assistant Secretaries. — The Secretary
shall also be assisted by three (3) career Assistant Secretaries who
shall respectively perform the following functions:
(1)
Supervise the Personnel Development Service;
Administrative Service and Financial Service;
(2) Supervise
the Bureau of Child and Youth Welfare;
Bureau of Women’s Welfare; Bureau of Family Community Welfare; Bureau
of Emergency Assistance; and Bureau of Disable Person’s Welfare;
(3) Supervise
the Planning and Monitoring Service and
the Legal Service, and assist the Undersecretary and the Secretary in
matters pertaining to regional or field operations.
CHAPTER
3 — DEPARTMENT SERVICES
Sec. 8. Services of the Department. —The Services
listed in Sec. 7 (1) and (3) hereof and the public Affairs and
Liaison Service shall respectively have the following functions:
(1)
The Personnel Development Service shall provide
the Department with services relating to manpower, career planning and
development, personnel transactions, and employee welfare;
(2) The
Financial Service shall provide the
Department with services relating to budget, collection, disbursement,
and other financial matters;
(3) The
Administrative Service shall provide the
Department with services relating to records, correspondence, supplies,
property and equipment, security and general services;
(4) The
Planning and Monitoring Service shall provide
technical services to the Department in the areas or overall policy
formulation, strategic and operational planning, management systems or
procedures, and the evaluation and monitoring of Department programs,
projects and internal operations;
(5) The Legal
Service shall provide the Department
with services on legal matters, especially on proposed legislations;
(6) The Public
Affairs and Liaison Service in the
Office of the Secretary shall provide public information services and
publications as well as coordinate and mobilize volunteers,
non-governmental organizations and cause-oriented groups in partnership
with the Department.
Each of the Services shall be headed by a Staff Director and may have
divisions whenever necessary for the performance of its functions.
CHAPTER
4 — BUREAUS AND OFFICES
Sec. 9. Composition. — The Staff bureaus listed in
Sec. 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.
Sec. 10. Functions. — Each of the staff bureaus
shall:
(1)
Formulate programs, policies, rules, regulations
and standards relative to the implementation of their respective
functional specialization;
(2) Initiate
and administer pilot or special projects
for demonstration of the corresponding policies, programs, services,
strategies, methods, procedures and guidelines prior to nationwide
implementation;
(3) Audit,
evaluate, and provide technical assistance
and consultative services to operating units and field offices and
local government welfare departments on program implementation;
(4) Develop
standards and assess agencies for
licensing and accreditation;
(5) Review
applications for regulatory purposes
including tax exemptions for foreign donations;
(6) Provide
advisory services to non-governmental
agencies implementing programs and services for welfare and
development;
(7) Formulate
the substantive content of, and assist
in the orientation and training on, the bureaus’ programs, services,
strategies, procedures, methods and guidelines;
(8) Develop
indigenous literature and other media
materials for clients, volunteers and other audiences;
(9) Promote
and develop a system of networking and
coordination with relevant welfare councils;
(10) Undertake
studies and action researches on
matters pertaining to client welfare and development and propose
relevant policies and amendments for legislation;
(11) Maintain
linkages relative to welfare programs
or projects for national, regional and interregional cooperation.
Sec. 11. Areas of Specialization. — The
substantive/functional areas of specialization of the staff bureaus
shall be:
(1)
Bureau of Emergency Assistance — relief and
rehabilitation of victims of natural calamities and social
disorganization and of cultural communities and other distressed and
displaced persons;
(2) Bureau of
Family and Community Welfare —
assistance to socially disadvantaged families and communities including
family planning, planning outreach programs to develop their capability
in defining needs and formulating solutions as well as setting up
viable community structures which bring about desired social changes;
(3) Bureau of
the Disabled Person’s Welfare —
disability prevention and rehabilitation of the physically, mentally
and socially disabled persons;
(4) Bureau of
Women’s Welfare — promoting women’s
welfare, with specific attention to the prevention or eradication of
exploitation of women in any form, such as but not limited to
prostitution and illegal recruitment; as well as the promotion of
skills for employment and self-actualization;
(5) Bureau of
Child and Youth Welfare — care and
protection of abandoned, neglected, abused or exploited children and
youth, delinquents, offenders, the disturbed, street children, victims
of prostitution and others, for their social adjustment and economic
self-sufficiency.
CHAPTER
5 — REGIONAL OFFICES
Sec. 12. Regional Office. — The Department is
hereby authorized to establish, operate and maintain a Regional Office
in each of the administrative regions of the country.
Sec. 13. Functions. —A Regional Office shall:
(1)
Provide within the region efficient and effective
services to its constituents; and for such purposes, establish,
operate, promote and support, at the minimum, the following welfare
facilities:
(a)
Vocational Rehabilitation and Special Education
Center for the Handicapped;
(b) Reception
and Study Center;
(c)
Rehabilitation Center for Youth Offenders;
(d) Day Care
Centers;
(2) Ensure the
implementation of laws, policies,
programs, rules, and regulations regarding social welfare and
development within the region;
(3) Secure
effective coordination with other
departments, agencies, institutions and organizations, especially local
government units within the region;
(4) Conduct
continuing studies and planning, to
improve its services to its constituents.
Sec. 14. Welfare Facilities. — The Regional
Offices are hereby authorized to establish, operate and maintain the
following, insofar as necessary and authorized by the Secretary:
(1)
Other Vocational Rehabilitation and Special
Education Centers for the Handicapped;
(2) “Street
Children” Centers;
(3) Centers
for Youth with Special Needs;
(4) Other
Centers for Youth Offenders;
(5) Homes for
the Aged;
(6) Homes for
Unwed Mothers;
(7) Drug Abuse
Centers;
(8) Other
Reception and Study Centers; and
(9) Such other
facilities as may be necessary to
assist the socially disadvantaged.
Sec. 15. Regional Director. — The Regional Office
shall be headed by a Regional Director who shall be responsible for
efficiently and effectively carrying out its functions. Toward this
end, and in line with the policy of decentralization, the Regional
Director shall be vested with the authority to exercise functional and
administrative supervision over Department provincial operations as
delegated by the Secretary including the authority to contribute
resources and personnel to integrated region and province-wide
development thrusts.
The Regional Director shall be assisted by two (2) Assistant Regional
Directors, one for programs and one for administration.
CHAPTER
6 — PROVINCIAL/CITY OFFICES
Sec. 16. Provincial/City Office. — The Department
is hereby authorized to establish, operate and maintain Provincial/City
Offices throughout the country with jurisdiction over all
municipalities/districts within the province. The Provincial/City
Offices shall have the following functions:
(1)
Formulate and coordinate the implementation of
operational, field-level plans/programs of the Department;
(2) Provide
specialized services and comprehensive
assistance to other department/agency units whenever necessary;
(3) Secure all
pertinent feedback and information
from field units as well as appropriate department/agency units,
particularly local government units, and communicate the same regularly
to the Regional Office;
(4) Establish
and maintain a vocational
rehabilitation and special education program for the handicapped in the
form and magnitude appropriate for the needs of the province.
Sec. 17. Provincial/City Welfare Office. — The
Provincial/City Office shall be headed by a Provincial/City Social
Welfare Officer who shall be accountable for the efficient and
effective performance of its functions and implementation of programs
of the Department, within the province. The Provincial/City Social
Welfare officer shall exercise functional administrative supervision
over field operations of the Department, including the authority to
recommend that field resources and personnel be contributed to
integrated, municipality-wide development efforts.
CHAPTER
7 — MUNICIPAL/DISTRICT OFFICES
Sec. 18. Municipal/District Office. — The
Department is hereby authorized to establish, operate and maintain a
Municipal/District Office to service a municipality or city district
which shall be headed by the Supervising Social Welfare Officer and
shall be primarily responsible for the efficient and effective
implementation of the Department’s field programs in the municipality
or city, under the supervision of the Provincial/City Office.
CHAPTER
8 — ATTACHED AGENCIES
Sec. 19. Agencies Under Administrative Supervision
and Attached Agencies. — The Population Commission Council for the
Welfare of Children, National Nutrition Council and the National
Council for the Welfare of Disabled Person and the agencies attached to
the Department shall continue to operate and function in accordance
with their respective charters or laws creating them, except as
otherwise provided in this Code.
CHAPTER
9 — FUND DRIVES
Sec. 20. Solicitation. — Any person, corporation,
organization, or association desiring to solicit or receive
contribution for charitable or public welfare purposes shall first
secure a permit from the Regional Offices of the Department. Upon the
filing of a written application for a permit in the form prescribed by
the Regional Offices of the Department, the Regional Director or his
duly authorized representative may, in his discretion, issue a
permanent or temporary permit or disapprove the application. In the
interest of the public, he may in his discretion renew or revoke any
permit issued under Act 4075.
Sec. 21. Requirements. — The Regional Director of
the Department may require the person, corporation, organization or
association duly authorized to solicit contributions for the above
mentioned purposes to submit from time to time a verified report or
information regarding their activities, the period covered by the
report, the collection and expenditures made and the names and
addresses of the contributors and persons to whom assistance was
rendered from the funds obtained. This reports or information shall be
open for inspection of the general public. The Regional Director or his
duly authorized representative may, for the protection of the public,
likewise investigate the books, papers, affairs and activities related
to the aforestated purposes of any such person, corporation,
organization, or association: Provided, however, That the provisions of
the preceding Section shall not apply to any organization or
institution established for charitable or public welfare purposes in
its campaign for raising funds or soliciting public subscriptions or
any means for collecting funds which has been authorized by Executive
Proclamation.
Sec. 22. Fees. — Upon approval of the application
for a solicitation permit, a fee of Twenty-Five Pesos (P25.00) shall be
paid to the cashier of the Department. The money collected as fee for
the issuance of solicitation permits shall accrue to the Department as
aid for the maintenance of its institutions and social services for its
clientele.
CHAPTER
10 — SOCIAL WELFARE AGENCIES AND SERVICES
Sec. 23. Social Welfare Services by Others. —
Social welfare services by the Department shall be without prejudice to
similar efforts by any local government unit or private agency,
institution or group. All Department units shall actively promote and
extend maximum assistance, including the provision of counterpart or
supplementary funds and resources, upon approval by the Secretary, to
such efforts.
Sec. 24. Social Work Agency. — (1) No social work
agency shall operate and be accredited as such unless it is registered
with the Department which shall issue the corresponding certificate of
registration.
(2) Before any social work agency shall be duly
registered, the following requirements must have been complied with:
(a)
The applicant must be engaged mainly or generally
in social work activity or social services;
(b) The
applicant has employed a sufficient number of
duly qualified and registered social workers to supervise and take
charge of its social service functions in accordance with accepted
social work standards;
(c) The
applicant must show, in a duly certified
financial statement that at least sixty (60) percent of its funds are
disbursed for direct social work services; and
(d) The
applicant keeps a social work record of all
cases and welfare activities handled by it.
(3) A certificate of registration may be revoked if
after due investigation, the Department finds that the social work
agency has failed to perform its function or has violated existing
laws, rules and regulations.
Sec. 25. Child Welfare Agency. — (1) No person,
natural or juridical, shall establish any child welfare agency without
first securing a license from the Department. Such license shall not be
transferable and shall be used only by the person or institution to
which it was issued at the place stated therein. No license shall be
granted unless the purpose or function of the agency is clearly defined
and stated in writing. Such definition shall include the geographical
area to be served, the children to be accepted for care, and the
services to be provided.
If the applicant is a juridical person, it must be registered in
accordance with Philippine laws.
(2) The work of all registered and licensed child
welfare agencies shall be supervised and coordinated by the Department.
(3) The Department may, after notice and hearing,
suspend or revoke the license of a child welfare agency on any of the
following grounds:
(a)
That the agency is being used for immoral
purposes;
(b) That
agency is insolvent or is not in a financial
position to support and maintain the children therein or to perform the
functions for which it was granted;
(c) That the
children therein are being neglected or
are undernourished;
(d) That the
place is so unsanitary as to make it
unfit for children;
(e) That said
agency is located in a place or
community where children should not be, or is physically dangerous to
children or would unduly expose children to crime, vice, immorality,
corruption or severe cruelty; or
(f) That said
agency has by any act or commission
shown its incompetence or unworthiness to continue acting as a child
welfare agency. During the period of suspension, the agency concerned
shall not accept or admit any additional children. In any case, the
Department shall make such order as to the custody of the children
under the care of such agency as the circumstances may warrant. The
suspension may last for as long as the agency has not complied with any
order of the Department to remove or remedy the conditions which have
given rise to the suspension. The aggrieved agency may appeal the
suspension or revocation in a proper court action. In such a case, the
court shall within fifteen (15) days from the filing of the
Department’s answer, conduct a hearing and decide the case, either by
lifting the suspension, or continuing it for such period of time as it
may order, or by revoking the license of the agency where the
Department has proven the revocation to be justified.
Sec. 26. Foster Homes. — No foster home, day care
center and other substitute parental arrangement shall operate unless
it is first registered with and licensed by the Department.
Title
XVII
BUDGET AND MANAGEMENT
CHAPTER 1 — GENERAL
PROVISIONS
Section 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.
Sec. 2. Mandate. — The Department shall be
responsible for the formulation and implementation of the National
Budget with the goal of attaining our national socio-economic plans and
objectives.
The Department shall be responsible for the efficient and sound
utilization of government funds and revenues to effectively achieve our
country’s development objectives.
Sec. 3. Powers and Functions. — The Department of
Budget and Management shall assist the President in the preparation of
a national resources and expenditures budget, preparation, execution
and control of the National Budget, preparation and maintenance of
accounting systems essential to the budgetary process, achievement of
more economy and efficiency in the management of government operations,
administration of compensation and position classification systems,
assessment of organizational effectiveness and review and evaluation of
legislative proposals having budgetary or organizational implications.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 4. Office of the Secretary. — The Office of
the Secretary shall consist of his immediate staff, the Budget Control
Staff, Research Staff, a Regional Coordination Staff for Luzon, and a
Regional Coordination Staff for Visayas and Mindanao.
Sec. 5. Undersecretaries. — The Secretary shall be
assisted by five (5) Undersecretaries, who shall all be appointed by
the President upon the recommendation of the Secretary. They shall
exercise supervision over the offices, services, operating units and
individuals under their authority and responsibility.
Sec. 6. Assistant Secretaries. — There shall be
five (5) Assistant Secretaries, each of whom shall assist the Secretary
and the Undersecretaries in the formulation, determination and
implementation of laws, policies, plans, programs and projects on
budget and management and shall oversee the day-to-day administration
of the constituent units of the Department.
CHAPTER
3 — DEPARTMENT SERVICES
Sec. 7. Management Services Office. — The
Management Services Office shall consist of the following bureaus:
(1)
The Systems and Procedures Bureau which shall
review and design the management reporting systems, review and evaluate
the applicability and economics of computerization,
purchasing/inventory systems, formulate measures on internal controls
to ensure accuracy, integrity and reliability of records systems, and
develop a system of controls for capital operational and cash
budgeting;
(2) The
Organization and Productivity Improvement
Bureau which shall develop performance standards as bases for agency
budgeting and performance evaluation, conduct studies on work
simplification and methods improvement, review the equipment
procurement programs of agencies, and prepare operations manuals and
conduct continuing studies on organizational changes of government
agencies;
(3) The
Compensation and Position Classification
Bureau which shall classify positions and determine appropriate
salaries for specific position classes and review the compensation
benefits programs of agencies and shall design job evaluation programs.
Sec. 8. The Legislative, Administrative and
Procurement Services Office. — The Legislative, Administrative,
Procurement and Services Office shall consist of:
(1)
The Legislative Services which shall provide
legal advice and service to the Department Officers and employees,
review legislative proposals and provide clarificatory opinions on
budget laws.
(2) The
Administrative Services which shall provide
the services relative to personnel, records management, allocation of
property and supplies, and shall perform security and custodial
functions.
(3) The
Procurement Services which shall implement an
integrated programs for the procurement of supplies and materials for
the Department.
Sec. 9. The Financial and Computer Services. — The
Financial and Computer Services shall consist of:
(1)
The Financial Services which shall provide
services relative to cash management, budgetary and financial matters.
(2) The Data
Processing Service which shall provide
computer services, prepare and generate management reports, maintain
and operate computer-based monitoring systems.
CHAPTER
4 — BUREAUS
Sec. 10. The Budget Operations Office. — The
Budget Operations Office shall review and analyze the work and
financial flows, the budgetary proposals of national and local
government agencies and corporations, check each agency’s compliance
with the budgetary policies and project priorities, determine the
budgetary implications of foreign assisted projects from the time of
project design to the negotiation for financial assistance, prepare
recommendations for fund releases, formulate and implement fiscal
policies and plans for budget preparation and control, and conduct
studies on economic trends and factors affecting government revenues,
expenditures and borrowings. It shall consist of the following Bureaus:
(1)
National Government Budget Bureaus A and B which
shall evaluate and review the budgetary proposals, work and financial
flows of the national government and ensure its compliance with
budgetary policies and project priorities of the bureaus assigned to
each group.
(2) Local
Government Budget Bureau which shall
recommend and effect the release of National Assistance for Local
Government (NALGU) funds and those for autonomous regions based on
approved work and financial plans as limited by the Secretary.
(3) Government
Corporation Budget Bureau which shall
evaluate and analyze the budgetary proposals, plans and financial flows
of government corporations and agencies and ensure its compliance with
budgetary policies and project priorities;
(4) Budget
Planning Bureau which shall assist the
Secretary in the preparation and management of fiscal policies and
plans for budget coordination, conduct studies on economic trends and
factors affecting government revenues, expenditures and borrowings, and
shall collaborate with the Office of the President, Department of
Finance, Central Bank, National Economic and Development Authority, and
other agencies in the formulation of financial plans.
(5) Foreign
Assisted Projects Bureau which shall
review and evaluate foreign assisted projects to determine the annual
funding requirements of certain projects identified by implementing
agencies and supported by foreign funding; assist the Secretary in
determining the budgetary implications of foreign assisted projects
from the time of project design to negotiations for financial
assistance; ensure the concurrence of the Secretary of Budget on all
loan agreements; evaluate the work-financial plan of projects
chargeable against the Foreign Assistance Projects (FAPS) support fund;
and recommend and effect the releases from such fund based on the
approved work financial plans as may be directed by the Secretary.
Sec. 11. National Accounting and Finance Office. —
The National Accounting and Finance Office shall take charge of the
maintenance of the data bank of financial information and shall provide
the necessary data required by the President, fiscal agencies and
international financial institutions, analyze and evaluate the accounts
and overall financial performance of the government, and supervise the
management of the accounts of government agencies and
instrumentalities. It shall consist of the following Bureaus:
(1)
National Government Account and Finance Bureau;
(2) Local
Government Accounting and Finance Bureau;
and
(3) Government
Corporate Accounting and Finance
Bureau.
Sec. 12. Regional Offices. — The Regional Offices
shall implement the policies, programs, standards and guidelines on
budget administration and management in the regions.
Title
XVIII
SCIENCE AND TECHNOLOGY
CHAPTER 1 — GENERAL PROVISIONS
Section 1. Declaration of Policy. — The State shall:
(1)
Support and encourage local scientific and
technological efforts that address national and local problems and
positively contribute to national development;
(2) Promote
the development of local capability in
science and technology to achieve technological self-reliance in
selected areas that are vital to national development;
(3) Support
and encourage public and private sector
partnership aimed at accelerating self-reliance in the selected areas;
and
(4) Encourage
and support private sector initiatives
in science and technology and provide the necessary incentives and
assistance to enable the private sector to take increasing
responsibility and a greater role in the country’s research and
development efforts.
Sec. 2. Mandate. — The Department shall provide
central direction, leadership and coordination of scientific and
technological efforts and ensure that the results therefrom are geared
and utilized in areas of maximum economic and social benefits for the
people.
The Department shall formulate and implement policies, plans, programs
and projects for the development of science and technology and for the
promotion of scientific and technological activities for both the
public and private sectors and ensure that the results of scientific
and technological activities are properly applied and utilized to
accelerate economic and social development.
The Department shall continually review the state and needs of science
and technology in the context of the country’s developmental goals.
Sec. 3. Powers and Functions. — To accomplish its
mandate, the Department shall:
(1)
Formulate and adopt a comprehensive National
Science and Technology Plan including specific goals, policies, plans,
programs and projects based on the recommendation of the Inter-Council
Review Board and, upon approval by the President, monitor and
coordinate its funding and implementation by all government agencies
and instrumentalities;
(2) Promote,
assist and where appropriate, undertake
scientific and technological research and development in those areas
which are determined to be vital to the country’s development and offer
optimum returns for the resources employed;
(3) Promote
the development of indigenous technology
and adaptation and innovation of suitable imported technology and in
this regard, undertake technology development up to the commercial
state, preferably in joint venture with the private sector or with
public agencies;
(4) Undertake
design and engineering work to
complement its research and development functions;
(5) Promote,
assist and where appropriate undertake
the transfer of the results of scientific and technological research
and development, to their end-users;
(6) Promote,
assist and where appropriate undertake
technological services needed by agriculture, industry, transport and
the general public;
(7) Develop
and maintain an information system and
data-bank on science and technology for use by both the public and
private sectors;
(8) Develop
and implement, together with other
entities concerned, programs for strengthening scientific and
technological capabilities in the relevant discipline through manpower
training, and through infrastructure and institution building and
rationalization, in both the public and private sectors;
(9) Promote
public consciousness of science and
technology;
(10) Undertake
policy research, technology assessment
studies, feasibility studies and technical studies; and
(11) Perform
such other functions as may be provided
by law.
Sec. 4. Structural Organization. — The Department
shall consist of the Office of the Secretary, Undersecretaries and
Assistant Secretaries, the Services, Inter-Council Review Board,
Sectoral planning Councils, Institutes and Regional Offices. The
Secretary shall have supervision and control of the Department except
the Inter-Council Review Board and the Sectoral Planning Councils over
which he shall only exercise administrative supervision.
CHAPTER
2 — DEPARTMENT PROPER
Sec. 5. Office of the Secretary. — The Office of
the Secretary shall consist of the Secretary and his immediate staff.
Sec. 6. Undersecretaries. — The Secretary shall be
assisted by three (3) Undersecretaries, one for research and
development, one for regional operations and one for scientific and
technical services. The Undersecretaries shall have supervision over
the Institutes under their respective functional areas of
responsibility.
Sec. 7. Assistant Secretaries. — The Secretary
shall also be assisted by three (3) Assistant Secretaries.
CHAPTER
3 — SERVICES
Sec. 8. Services. — The Services of the Department
shall consist of the following:
(1)
Planning and Evaluation Service, which shall be
responsible for providing the Department with efficient and effective
services relating to planning, programs and project monitoring and
development;
(2) Financial
and Management Service, which shall be
responsible for providing the Department with efficient and effective
staff advice and assistance on budgetary, financial, and management
improvement matters;
(3)
Administrative and Legal Service, which shall be
responsible for providing the Department with efficient and effective
services relating to personnel, information, records, supplies,
equipment collections, disbursement, security and custodial work, and
all legal matters.
CHAPTER
4 — BOARD, COUNCILS AND INSTITUTES
Sec. 9. Inter-Council Review Board. — There shall
be an Inter-Council Review Board, composed of the Secretaries or their
designated Undersecretaries who are members of the sectoral planning
councils under Section s 10, 11, 12, 13, 14, and 15, and shall be
chaired by the Secretary of Science and Technology.
The main function of the Board shall be to review the plans of the
sectoral planning councils and the National Science and Technology Plan
and, in connection therewith, shall be assisted by the Planning and
Evaluation Service.
Sec. 10. Sectoral Planning Councils. — There shall
be five (5) sectoral planning councils as follows:
(1)
Philippine Council for Industry and Energy
Research and Development, for industry and energy and mineral
resources;
(2) Philippine
Council for Health Research and
Development for health;
(3) Philippine
Council for Agriculture, Forestry and
Natural Resources Research and Development, for agriculture and
forestry resources;
(4) Philippine
Council for Aquatic and Marine
Research and Development, for aquatic and marine resources; and
(5) Philippine
Council for Advanced Science and
Technology Research and Development, for advanced science and
technology.
Each of the councils shall be responsible, in its respective sector,
for the formulation of strategies, policies, plans, programs and
projects for science and technology development; for programming and
allocation of government and external funds for research and
development; for monitoring of research and development projects; and
for the generation of external funds.
Each council shall have a secretariat which shall be headed by an
Executive Director who shall be appointed by the President upon the
recommendation of the Secretary.
Sec. 11. Philippine Council for Industry and
Energy Research and Development. — The Philippine Council for Industry
and Energy Research and Development shall be under the administrative
supervision of the Department, and shall consist of the Secretary as
Chairman and eight (8) members, as follows: Secretary of Trade and
Industry, Secretary of Transportation and Communications, Secretary of
Public Works and Highways or their designated Undersecretaries, and
Executive Director of the Council Secretariat, and four (4)
representatives of the private sector in the field of industry and
energy, who are chief executive officers of their respective companies
in the field of industry or energy or are acknowledged leaders in their
professions to be appointed by the President, in their personal
capacity, upon recommendation of the Secretary, each of whom shall be
for a term of two (2) years; Provided, however, that the tenure of the
members first appointed by the President shall be as follows: two (2)
for one (1) year and two (2) for two (2) years, as fixed in their
respective appointments. The members shall serve and continue to hold
office until their respective successors shall have been duly appointed
and qualified. Appointment to any vacancy in the Council shall be by
the President and shall only be for the unexpired portion of the term
of the predecessor.
Sec. 12. Philippine Council for Agriculture and
Forestry Research and Development. — The Philippine Council for
Agriculture and Forestry Research and Development shall be under the
administrative supervision of the Department, and shall consist of the
Secretary as Chairman and eight (8) members, as follows: Secretary of
Agriculture and Food, Secretary of Natural Resources or their
designated Undersecretaries, Chancellor of the University of the
Philippines at Los Baños, Administrator of the National Food
Authority and Executive Director of the Council Secretariat and three
(3) representatives of the private sector in the fields of agriculture
or forestry, who are chief executive officers of their respective
companies in the field of agriculture or forestry or are acknowledged
leaders in their professions to be appointed by the President, in their
personal capacity, upon recommendation of the Secretary, each of whom
shall be for a term of two (2) years; Provided, however, that the
tenure of the members first appointed by the President shall be as
follows: one (1) for one (1) year and two (2) for two (2) years, as
fixed in their respective appointments. The members shall serve and
continue to hold office until their successors shall have been duly
appointed and qualified. Appointment to any vacancy in the Council
shall be by the President and shall only be for the unexpired portion
of the term of the predecessor.
Sec. 13. Philippine Council for Health Research
and Development. — The Philippine Council for Health Research and
Development shall be under the administrative supervision of the
Department, and shall consist of the Secretary as Chairman and eight
(8) members, as follows: Secretary of Health or his designated
Undersecretary, Chancellor of the University of the Philippines of
Manila, Executive Director of the National Nutrition Council, Executive
Director of the Council Secretariat, and four (4) representatives of
the private sector in the field of health, who are chief executive
officers of their respective companies in the field of health or are
acknowledged leaders in their professions to be appointed by the
President, in their personal capacity, upon recommendation of the
Secretary, each of whom shall be for a term of two (2) years; however,
that the tenure of the members first appointed by the President shall
be as follows: two (2) for one (1) year and two (2) for two (2) years,
as fixed in their respective appointments. The members shall serve and
continue to hold office until their successors shall have been duly
appointed and qualified. Appointment to any vacancy in the Council
shall be by the President and shall only be for the unexpired portion
of the term of the predecessor.
Sec. 14. Philippine Council for Aquatic and Marine
Research and Development. — The Philippine Council for Aquatic and
Marine Research and Development shall be under the administrative
supervision of the Department, and shall consist of the Secretary as
Chairman, and eight (8) members as follows: Secretary of Agriculture
and Food, Secretary of Natural Resources or their designated
Undersecretaries, Executive Director of the Council Secretariat, two
(2) representatives from the academic/research institution and three
(3) representatives from the private sector who are chief executive
officers of their respective companies in the field of aquaculture or
marine research or development or are acknowledged leaders of their
professions to be appointed by the President, in their personal
capacity, upon recommendation of the Secretary, each of whom shall be
for a term of two (2) years; Provided, however, that the terms of the
members first appointed by the President shall be as follows: two (2)
for one (1) year and the other three (3) for two (2) years, as fixed in
their respective appointments. The members shall serve and continue to
hold office until their successors shall have been duly appointed and
qualified. Appointment to any vacancy in the Council shall be by the
President and shall only be for the unexpired portion of the term of
the predecessor.
Sec. 15. Philippine Council for Advanced Science
and Technology Research and Development. — The Philippine Council for
Advanced Science and Technology Research and Development shall be under
the Administrative supervision of the Department and shall consist of
the Secretary as Chairman and eight (8) members, as follows: Secretary
of Education, Culture and Sports or his designated Undersecretary,
President of the University of the Philippines System, two (2)
representatives from the government sector, and four (4)
representatives from the private sector in the field of advanced
science research, all of whom shall be appointed by the President, in
their personal capacity, upon recommendation of the Secretary, each of
whom shall serve for a term of two (2) years.
Sec. 16. Institutes. — The Institutes of the
Department are the following, which shall be line in character:
Industrial Technology Development Institute; Philippine Nuclear
Research Institute; Food and Nutrition Research Institute; Forest
Products Research and Development Institute; Philippine Textile
Research Institute; Advanced Science and Technology Institute; Science
Education Institute; Science and Technology Information Institute; and
Technology Application Promotion Institute; Philippine Atmospheric,
Geophysical and Astronomical Services Administration, and Philippine
Institute of Volcanology and Seismology. Each Institute shall be headed
by a Director, who shall be appointed by the President upon the
recommendation of the Secretary and shall be assisted by one or more
Deputy Directors as may be necessary.
Sec. 17. Industrial Technology Development
Institute. — The Industrial Technology Development Institute shall have
the following functions:
(1)
Undertake applied research and development to
develop technologies and technological innovations in the field of
industrial manufacturing, mineral processing and energy;
(2) Undertake
the transfer of research results
directly to end-users or preferably via linkage units of other
government agencies;
(3) Undertake
technical services, such as but not
limited to, standards, analytical and calibration services mandated by
law or as needed by industry; and
(4) Conduct
training and provide technical advisory
and consultancy services to industry clientele and end-users.
Sec. 18. Philippine Nuclear Research Institute. —
The Philippine Nuclear Research Institute shall have the following
functions:
(1)
Conduct research and development on the
application of radiation and nuclear materials, processes and
techniques in agriculture, food, health, nutrition and medicine and in
industrial or commercial enterprises;
(2) Undertake
the transfer of research reactors and
other radiation facilities; and
(3) License
and regulate activities relative to
production, transfer, and utilization of nuclear and radioactive
substances.
Sec. 19. Food Nutrition Research Institute. — The
Food Nutrition Research Institute shall have the following functions:
(1)
Undertake research that defines the citizenry’s
nutritional status, with reference particularly to the malnutrition
problem, its causes and effects, and identify alternative solutions to
them;
(2) Develop
and recommend policy options, strategies,
programs and projects, which address the malnutrition problem for
implementation by the appropriate agencies; and
(3)
Disseminate research findings and recommendations
to the relevant end-users.
Sec. 20. Forest Products Research and Development
Institute. — The Forest Products Research and Development Institute
shall have the following functions:
(1)
Conduct applied research and development in
secondary and tertiary processing for the forest-based industry to
generate information and technology which can improve the utility value
of wood and other forest products;
(2) Undertake
the transfer or completed researches
directly to the end-users or via linkage units of other government
agencies;
(3) Undertake
technical services and provide training
programs.
Sec. 21. Philippine Textile Research Institute. —
The Philippine Textile Research Institute shall have the following
functions:
(1)
Conduct applied research and development for the
textile industry sector;
(2) Undertake
the transfer of completed researches to
end-users or via linkage units for other government agencies; and
(3) Undertake
technical services and provide training
programs.
Sec. 22. Advanced Science and Technology
Institute. — The Advanced Science and Technology Institute shall have
the following functions:
(1)
Undertake long-term researches to strengthen and
modernize science and technology infrastructure;
(2) Conduct
research and development work in the
advanced fields of studies including biotechnology and
microelectronics; and
(3) Complement
the overall endeavor in the scientific
field with intensive activities in the computer and information
technologies.
Sec. 23. Science Education Institute. — The
Science Education Institute shall have the following functions:
(1)
Undertake science education and training;
(2) Administer
scholarships, awards and grants;
(3) Undertake
science and technology manpower
development; and
(4) Formulate
plans and establish programs and
projects for the promotion and development of science and technology
education and training in coordination with the Department of
Education, Culture and Sports, and other institutions of learning in
the field of science and technology.
Sec. 24. Science and Technology Information
Institute. — The Science and Technology Information Institute shall
have the following functions:
(1)
Establish a science and technology databank and
library;
(2)
Disseminate science and technology information;
and
(3) Undertake
training on science and technology
information.
Sec. 25. Technology Application and Promotion
Institute. — The Technology Application and Promotion Institute (TAPI)
whose primary responsibility is to serve as the implementing arm of the
Department in promoting the commercialization of technologies and in
marketing the services of the other operating units in the Department
shall have the following functions:
(1)
Undertake contract research, particularly at the
pilot plant and semi-commercial stage;
(2) Provide
technical consultancy including
engineering design services, patenting and licensing services; and
(3) Provide
grants and/or venture-financing for new
and/or emerging projects.
Sec. 26. Philippine Atmospheric, Geophysical and
Astronomical Services Administration. — The Philippine Atmospheric,
Geophysical and Astronomical Services Administration shall have the
following functions:
(1)
Maintain a nationwide network pertaining to
observation and forecasting of weather and other climatological
conditions affecting national safety, welfare and economy;
(2) Undertake
activities relative to observation,
collection, assessment and processing of atmospheric and allied data
for the benefit of agriculture, commerce and industry;
(3) Engage in
studies of geophysical and astronomical
phenomena essential to the safety and welfare of the people;
(4) Undertake
researches on the structure,
development and motion of typhoons and formulate measures for their
moderation; and
(5) Maintain
effective linkages with scientific
organizations here and abroad, and promote exchange of scientific
information and cooperation among personnel engaged in atmospheric,
geophysical and astronomical studies.
Sec. 27. Philippine Institute of Volcanology and
Seismology. — The Philippine Institute of Volcanology and Seismology
shall have the following functions:
(1)
Predict the occurrence of volcanic eruptions and
earthquakes and their geotectonic phenomena;
(2) Determine
how eruptions and earthquakes shall
occur and the likely areas to be affected;
(3) Exploit
the positive aspects of volcanoes and
volcanic terrain in furtherance of the socio-economic development
efforts of the government;
(4) Generate
sufficient data for forecasting volcanic
eruptions and earthquakes;
(5) Formulate
appropriate disaster-preparedness
plans; and
(6) Mitigate
hazards of volcanic activities through
appropriate detection, forecast, and warning systems.
CHAPTER
5
Regional Offices
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:
(1)
Implement laws, rules, regulations, policies,
plans, programs and projects of the Department;
(2) Provide
efficient and effective service to the
people;
(3) Coordinate
with regional offices of other
departments, offices and agencies in the administrative region;
(4) Coordinate
with local government units; and
(5) Perform
such other functions as may be provided
by law.
Sec. 29. Department Offices in Other Countries. —
The Department may also have such offices and representatives in other
countries in places where its presence is considered necessary, subject
to the approval of the President for each of them.
CHAPTER
6
Attached Agencies
Sec. 30. Attached Agencies. — The following
agencies shall be attached to the Department: the Philippine National
Science Society, the National Academy of Science and Technology, the
Philippine Science High School, and the Metals Industry Research and
Development Center.
Sec. 31. The Philippine National Science Society.
— The Philippine National Science Society shall be a corporate body
composed of prominent scientists and technical men and shall have the
following functions:
(1)
To stimulate research in the mathematical,
physical, biological and other basic sciences and in the application of
these sciences to engineering, agriculture, medicine, and other useful
arts, with the object of increasing knowledge and of contributing in
other ways to the public welfare;
(2) To give
encouragement to individual initiative in
research as fundamentally important to the advancement of science; and
(3) To gather
and collate scientific and technical
information at home and abroad, in cooperation with governmental and
other agencies and to render such information available to duly
accredited persons.
Sec. 32. Powers of the Philippine National Science
Society. — The Philippine National Science Society shall have the power
to:
(1)
Make its own organization, including its
Constitution, by-laws and rules and regulations;
(2) Fill all
vacancies created by death, resignation
or otherwise;
(3) Provide
for the election of members, division
into classes, and for all other matters needful or usual in such
institution;
(4) Receive
bequests and donations and hold the same
in trust, to be applied in aid of scientific investigations according
to the will of the donors;
(5) Be exempt
from the payment of all
internal-revenue taxes, fees, assessments and other charges of the
Government in carrying out its aims, functions, and powers;
(6) Submit an
annual report to the Congress and to
the President of the Philippines an accurate account of its work and
activities during the corresponding fiscal year; and
(7)
Perform such powers as may be provided by law or
necessary to carry out its purposes and functions.
Sec. 33. The National Academy of Science and
Technology. — The National Academy of Science and Technology shall be
composed of outstanding scientists to serve as reservoir of competent
and technological manpower for the country. The total membership of the
Academy shall not exceed fifty (50) at any one time; however, this
number may be increased by a two-thirds vote of all the members and
approval thereof by the President.
The Academy shall have its own Secretariat/Administrative staff and
shall have the following functions; and powers:
(1)
Provide its members the following benefits and
privileges:
(a)
free publications of scientific and technological
works:
(b) travel
support for attendance and participation
in international conference; and
(c) such other
incentives, financial or otherwise
designed to promote a scientific and technological effort and
achievement.
(2) Recommend
annually for Presidential awards not
more than ten (10) scientists for distinguished individual or
collaborative achievement in science or technology who shall be
accorded by the President the rank and title of “National Scientists.”
Said “National Scientists” shall each be given gratuity in such amount
to be fixed by the Academy and entitled to other privileges as enjoyed
by the National Artists.
(3) Engage in
other projects and programs designed to
recognize outstanding achievements in science to promote scientific
productivity.
Sec. 34. The Philippine Science High School. — The
Philippine Science High School shall offer on a free scholarship basis
a secondary course with special emphasis on subject pertaining to the
sciences with the end view of preparing its students for a science
career. The exercise of its corporate powers is vested exclusively in
the Board of Trustees and in the Director of the High School insofar as
authorized by said Board. The Board of Trustees shall be composed of
the Secretary of Science and Technology, who shall be ex officio
Chairman of the Board, the Secretary of Education, who shall be ex
officio Vice-Chairman, and the following members: the President of the
University of the Philippines, the Chairman of the UNESCO National
Commission of the Philippines, the Director of the Philippine Science
High School, all ex officio members, a representative from the
American-Philippine Science Foundation, Inc., to be designated by the
President, one representative from the Philippine National Science
Society, one representative from the National Academy of Science and
Technology, one member representing industry, and one member
representing agriculture.
The members of the Board representing the Philippine National Science
Society, the National Academy of Science and Technology, Industry and
Agriculture shall be appointed by the President of the Philippines upon
the recommendation of the Secretary of Science and Technology.
Sec. 35. The Metal Industry and Research
Development Center. — The Metals Industry and Research Development
Center shall be non profit research and technological institution which
shall provide both the government and the private sector with
professional management and technical expertise on such vital
activities for the development of the industry as training of engineers
and technicians, information exchange, trade accreditation service,
quality control and testing of metal products, research and business
economic advisory services.
The Administration of the Center and the exercise of its corporate
powers are vested exclusively in the Board of Trustees which shall be
composed of the Secretary of Science and Technology, who shall be ex
officio Chairman, the Secretary of Trade and Industry, who shall be ex
officio Co-Chairman, and the following members: the Executive Director
of the Philippine Council for Industry and Energy Research and
Development, a representative each from the Department of Natural
Resources, the National Economic and Development Authority, the Metal
Industry Research and Development Center and three representatives from
the metals, engineering and allied industries sub-sector to be
appointed by the Secretary of Science and Technology.
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
Section 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.
Sec. 2. Duties and Responsibilities of Public
Officers and Employees. — Public Officers and employees shall have the
duties, responsibilities, and accountability provided in Chapter 9,
Book I of this Code.
Sec. 3. Terms and Conditions of Employment. — The
terms and conditions of employment of all government employees,
including those in government-owned or controlled corporations with
original charters, shall be fixed by law. The terms and conditions of
employment which are not fixed by law may be the subject of negotiation
between duly recognized employees’ organizations and appropriate
government authorities.
Sec. 4. Compensation. — The Congress shall provide
for the standardization of compensation of government officials and
employees including those in government-owned or controlled
corporations with original charters, taking into account the nature of
the responsibilities pertaining to, and the qualifications required for
the position concerned.
Sec. 5. Definitions of Terms. — As used in this
title, the following shall be construed thus:
(1)
Agency means any bureau, office, commission,
administration, board, committee, institute, corporation with original
charter, whether performing governmental or proprietary function, or
any other unit of the National Government, as well as provincial, city
or municipal government, except as hereinafter otherwise provided.
(2) Appointing
officer is the person or body
authorized by law to make appointments in the Philippine Civil Service.
(3) Class
includes all positions in the government
service that are sufficiently similar as to duties and responsibilities
and require similar qualifications that can be given the same title and
salary and for all administrative and compensation purposes, be treated
alike.
(4) Commission
refers to the Civil Service
Commission.
(5) Chairman
refers to the Chairman of the
Commission.
(6)
Commissioner refers to either of the two other
members of the Commission.
(7) Department
includes any of the executive
departments or entities having the category of a department including
the judiciary, Commission on Elections and Commission on Audit.
(8) Eligible
refers to a person who obtains a passing
grade in a civil service examination or is granted a civil service
eligibility and whose name is entered in the register of eligibles.
(9)
Examination refers to a civil service examination
conducted by the Commission and its regional offices or by other
departments or agencies with the assistance of the Commission, or in
coordination or jointly with it, and those that it may delegate to
departments and agencies pursuant to this Title, or those that may have
been delegated by law.
(10) Form
refers to those prescribed by the Civil
Service Commission.
CHAPTER
2
Coverage of the Civil Service
Sec. 6. Scope of the Civil Service. — (1) The
Civil Service embraces all branches, subdivisions, instrumentalities,
and agencies of the Government, including government-owned or
controlled corporations with original charters.
(2) Positions in the Civil Service shall be
classified into career service and non-career service.
Sec. 7. Career Service. — The Career Service shall
be characterized by (1) entrance based on merit and fitness to be
determined as far as practicable by competitive examination, or based
on highly technical qualifications; (2) opportunity for advancement to
higher career positions; and (3) security of tenure.
The Career Service shall include:
(1)
Open Career positions for appointment to which
prior qualification in an appropriate examination is required;
(2) Closed
Career positions which are scientific, or
highly technical in nature; these include the faculty and academic
staff of state colleges and universities, and scientific and technical
positions in scientific or research institutions which shall establish
and maintain their own merit systems;
(3) Positions
in the Career Executive Service;
namely, Undersecretary, Assistant Secretary, Bureau Director, Assistant
Bureau Director, Regional Director, Assistant Regional Director, Chief
of Department Service and other officers of equivalent rank as may be
identified by the Career Executive Service Board, all of whom are
appointed by the President;
(4) Career
officers, other than those in the Career
Executive Service, who are appointed by the President, such as the
Foreign Service Officers in the Department of Foreign Affairs;
(5)
Commissioned officers and enlisted men of the
Armed Forces which shall maintain a separate merit system;
(6) Personnel
of government-owned or controlled
corporations, whether performing governmental or proprietary functions,
who do not fall under the non-career service; and
(7) Permanent
laborers, whether skilled,
semi-skilled, or unskilled.
Sec. 8. Classes of Positions in the Career
Service. — (1) Classes of positions in the career service appointment
to which requires examinations shall be grouped into three major levels
as follows:
(a)
The first level shall include clerical, trades,
crafts, and custodial service positions which involve non-professional
or subprofessional work in a non-supervisory or supervisory capacity
requiring less than four years of collegiate studies;
(b) The second
level shall include professional,
technical, and scientific positions which involve professional,
technical, or scientific work in a non-supervisory or supervisory
capacity requiring at least four years of college work up to Division
Chief level; and
(c) The third
level shall cover positions in the
Career Executive Service.
(2) Except as herein otherwise provided, entrance to
the first two levels shall be through competitive examinations, which
shall be open to those inside and outside the service who meet the
minimum qualification requirements. Entrance to a higher level does not
require previous qualification in the lower level. Entrance to the
third level shall be prescribed by the Career Executive Service Board.
(3) Within the same level, no civil service
examination shall be required for promotion to a higher position in one
or more related occupation groups. A candidate for promotion should,
however, have previously passed the examination for that level.
Sec. 9. Non-Career Service. — The Non-Career
Service shall be characterized by (1) entrance on bases other than
those of the usual tests of merit and fitness utilized for the career
service; and (2) tenure which is limited to a period specified by law,
or which is coterminous with that of the appointing authority or
subject to his pleasure, or which is limited to the duration of a
particular project for which purpose employment was made.
The Non-Career Service shall include:
(1)
Elective officials and their personal or
confidential staff;
(2)
Secretaries and other officials of Cabinet rank
who hold their positions at the pleasure of the President and their
personal or confidential staff(s);
(3) Chairman
and members of commissions and boards
with fixed terms of office and their personal or confidential staff;
(4)
Contractual personnel or those whose employment
in the government is in accordance with a special contract to undertake
a specific work or job, requiring special or technical skills not
available in the employing agency, to be accomplished within a specific
period, which in no case shall exceed one year, and performs or
accomplishes the specific work or job, under his own responsibility
with a minimum of direction and supervision from the hiring agency; and
(5) Emergency
and seasonal personnel.
CHAPTER
3
Organization and Functions of
the Civil Service Commission
Sec. 10. Composition. — The Commission shall be
composed of a Chairman and two Commissioners who shall be natural born
citizens of the Philippines and, at the time of their appointment, at
least thirty-five years of age, with proven capacity for public
administration, and must not have been candidates for any elective
position in the elections immediately preceding their appointment.
Sec. 11. Appointment of Chairman and
Commissioners. — The Chairman and the Commissioners shall be appointed
by the President with the consent of the Commission on Appointments for
a term of seven years without reappointment. Of the first appointed,
the Chairman shall hold office for seven years, a Commissioner for five
years, and another Commissioner for three years, without reappointment.
Appointment to any vacancy shall be only for the unexpired term of the
predecessor. In no case shall any Member be appointed or designated in
a temporary or acting capacity.
Sec. 12. Powers and Functions. — The Commission
shall have the following powers and functions:
(1)
Administer and enforce the constitutional and
statutory provisions on the merit system for all levels and ranks in
the Civil Service;
(2) Prescribe,
amend and enforce rules and
regulations for carrying into effect the provisions of the Civil
Service Law and other pertinent laws;
(3) Promulgate
policies, standards and guidelines for
the Civil Service and adopt plans and programs to promote economical,
efficient and effective personnel administration in the government;
(4) Formulate
policies and regulations for the
administration, maintenance and implementation of position
classification and compensation and set standards for the
establishment, allocation and reallocation of pay scales, classes and
positions;
(5) Render
opinion and rulings on all personnel and
other Civil Service matters which shall be binding on all heads of
departments, offices and agencies and which may be brought to the
Supreme Court on certiorari;
(6) Appoint
and discipline its officials and
employees in accordance with law and exercise control and supervision
over the activities of the Commission;
(7) Control,
supervise and coordinate Civil Service
examinations. Any entity or official in government may be called upon
by the Commission to assist in the preparation and conduct of said
examinations including security, use of buildings and facilities as
well as personnel and transportation of examination materials which
shall be exempt from inspection regulations;
(8) Prescribe
all forms for Civil Service
examinations, appointments, reports and such other forms as may be
required by law, rules and regulations:
(9) Declare
positions in the Civil Service as may
properly be primarily confidential, highly technical or policy
determining;
(10)
Formulate, administer and evaluate programs
relative to the development and retention of qualified and competent
work force in the public service;
(11) Hear and
decide administrative cases instituted
by or brought before it directly or on appeal, including contested
appointments, and review decisions and actions of its offices and of
the agencies attached to it. Officials and employees who fail to comply
with such decisions, orders, or rulings shall be liable for contempt of
the Commission. Its decisions, orders, or rulings shall be final and
executory. Such decisions, orders, or rulings may be brought to the
Supreme Court on certiorari by the aggrieved party within thirty (30)
days from receipt of a copy thereof;
(12) Issue
subpoena and subpoena duces tecum for the
production of documents and records pertinent to investigation and
inquiries conducted by it in accordance with its authority conferred by
the Constitution and pertinent laws;
(13) Advise
the President on all matters involving
personnel management in the government service and submit to the
President an annual report on the personnel programs;
(14) Take
appropriate action on all appointments and
other personnel matters in the Civil Service including extension of
Service beyond retirement age;
(15) Inspect
and audit the personnel actions and
programs of the departments, agencies, bureaus, offices, local
government units and other instrumentalities of the government
including government-owned or controlled corporations; conduct periodic
review of the decisions and actions of offices or officials to whom
authority has been delegated by the Commission as well as the conduct
of the officials and the employees in these offices and apply
appropriate sanctions when necessary;
(16) Delegate
authority for the performance of any
function to departments, agencies and offices where such functions may
be effectively performed;
(17)
Administer the retirement program for government
officials and employees, and accredit government services and evaluate
qualifications for retirement;
(18) Keep and
maintain personnel records of all
officials and employees in the Civil Service; and
(19) Perform
all functions properly belonging to a
central personnel agency and such other functions as may be provided by
law.
Sec. 13. Duties and Responsibilities of the
Chairman. — Subject to policies and rules adopted by the Commission,
the Chairman shall:
(1)
Direct all operations of the Commission;
(2) Establish
procedures for the effective operations
of the Commission;
(3) Transmit
to the President rules and regulations,
and other guidelines adopted by the Chairman which require Presidential
attention including annual and other periodic reports;
(4) Issue
appointments to, and enforce decisions on
administrative discipline involving officials and employees of the
Commission;
(5) Delegate
authority for the performance of any
function to officials and employees of the Commission;
(6) Approve
and submit the annual and supplemental
budget of the Commission; and
(7) Perform
such other functions as may be provided
by law.
Sec. 14. Membership of the Chairman in Boards. —
The Chairman shall be a member of the Board of Directors or of other
governing bodies of government entities whose functions affect the
career development, employment status, rights, privileges, and welfare
of government officials and employees, such as the Government Service
Insurance System, Foreign Service Board, Foreign Trade Service Board,
National Board for Teachers, and such other similar boards as may be
created by law.
Sec. 15. Duties and Responsibilities of the
Members of the Commission. — Jointly with the Chairman, the two (2)
Commissioners shall be responsible for the effective exercise of the
rule-making and adjudicative functions of the Commission. They shall
likewise perform such functions as may be delegated by the Commission.
In case of the absence of the Chairman owing to illness or other cause,
the senior member shall perform the functions of the Chairman.
Sec. 16. Offices in the Commission. — The
Commission shall have the following offices:
(1)
The Office of the Executive Director headed by an
Executive Director, with a Deputy Executive Director shall implement
policies, standards, rules and regulations promulgated by the
Commission; coordinate the programs of the offices of the Commission
and render periodic reports on their operations, and perform such other
functions as may be assigned by the Commission.
(2) The Merit
System Protection Board composed of a
Chairman and two (2) members shall have the following functions:
(a)
Hear and decide on appeal administrative cases
involving officials and employees of the Civil Service. Its decision
shall be final except those involving dismissal or separation from the
service which may be appealed to the Commission;
(b) Hear and
decide cases brought before it on appeal
by officials and employees who feel aggrieved by the determination of
appointing authorities involving personnel actions and violations of
the merit system. The decision of the Board shall be final except those
involving division chiefs or officials of higher ranks which may be
appealed to the Commission;
(c) Directly
take cognizance of complaints affecting
functions of the Commission, those which are unacted upon by the
agencies, and such other complaints which require direct action of the
Board in the interest of justice;
(d) Administer
oaths, issue subpoena and subpoena
duces tecum, take testimony in any investigation or inquiry, punish for
contempt in accordance with the same procedures and penalties
prescribed in the Rules of Court; and
(e) Promulgate
rules and regulations to carry out the
functions of the Board subject to the approval of the Commission.
(3)
The Office of Legal Affairs shall provide the
Chairman with legal advice and assistance; render counselling services;
undertake legal studies and researches; prepare opinions and rulings in
the interpretation and application of the Civil Service law, rules and
regulations; prosecute violations of such law, rules and regulations;
and represent the Commission before any Court or tribunal.
(4) The Office
of Planning and Management shall
formulate development plans, programs and projects; undertake research
and studies on the different aspects of public personnel management;
administer management improvement programs; and provide fiscal and
budgetary services.
(5) The
Central Administrative Office shall provide
the Commission with personnel, financial, logistics and other basic
support services.
(6) The Office
of Central Personnel Records shall
formulate and implement policies, standards, rules and regulations
pertaining to personnel records maintenance, security, control and
disposal; provide storage and extension services; and provide and
maintain library services.
(7) The Office
of Position Classification and
Compensation shall formulate and implement policies, standards, rules
and regulations relative to the administration of position
classification and compensation.
(8) The Office
of Recruitment, Examination and
Placement shall provide leadership and assistance in developing and
implementing the overall Commission programs relating to recruitment,
examination and placement, and formulate policies, standards, rules and
regulations for the proper implementation of the Commission’s
examination and placement programs.
(9) The Office
of Career Systems and Standards shall
provide leadership and assistance in the formulation and evaluation of
personnel systems and standards relative to performance appraisal,
merit promotion, and employee incentive benefits and awards.
(10) The
Office of Human Resource Development shall
provide leadership and assistance in the development and retention of
qualified and efficient work force in the Civil Service; formulate
standards for training and staff development; administer service-wide
scholarship programs; develop training literature and materials;
coordinate and integrate all training activities and evaluate training
programs.
(11) The
Office of Personnel Inspection and Audit
shall develop policies, standards, rules and regulations for the
effective conduct or inspection and audit of personnel and personnel
management programs and the exercise of delegated authority; provide
technical and advisory services to civil Service Regional Offices and
government agencies in the implementation of their personnel programs
and evaluation systems.
(12) The
Office of Personnel Relations shall provide
leadership and assistance in the development and implementation of
policies, standards, rules and regulations in the accreditation of
employee associations or organizations and in the adjustment and
settlement of employee grievances and management of employee disputes.
(13) The
Office of Corporate Affairs shall formulate
and implement policies, standards, rules and regulations governing
corporate officials and employees in the areas of recruitment,
examination, placement, career development, merit and awards systems,
position classification and compensation, performing appraisal,
employee welfare and benefits, discipline and other aspects of
personnel management on the basis of comparable industry practices.
(14) The
Office of Retirement Administration shall be
responsible for the enforcement of the constitutional and statutory
provisions, relative to retirement and the regulation for the effective
implementation of the retirement of government officials and employees.
(15) The
Regional and Field Offices. — The Commission
shall have not less than thirteen (13) Regional offices each to be
headed by a Director, and such field offices as may be needed, each to
be headed by an official with at least the rank of an Assistant
Director. Each Regional Office shall have the following functions:
(a)
Enforce Civil Service law and rules, policies,
standards on personnel management within their respective jurisdiction;
(b) Provide
technical advice and assistance to
government offices and agencies regarding personnel administration; and
(c) Perform
such other functions as may be delegated
by the Commission.
Sec. 17. Organizational Structure. — Each office
of the Commission shall be headed by a Director with at least one (1)
Assistant Director, and may have such divisions as are necessary to
carry out their respective functions. As an independent constitutional
body, the Commission may effect changes in the organization as the need
arises.
CHAPTER
4
Interdepartment Relations
Sec. 18. Civil Service Assistance to Department
and Agencies. — Each Secretary or head of office, agency,
government-owned or controlled corporation with original charter and
local government shall be responsible for personnel administration in
his office which shall be in accordance with the provision relating to
civil service embodied in the Constitution, this Title and the rules,
principles, standards, guidelines and regulations established by the
Commission. The Civil Service Commission shall, whenever it deems it in
the interest of the public service, organize in each department,
office, agency, government-owned or controlled corporation, and
provincial and city government a Civil Service Staff which shall be
headed by an officer of the Commission. The necessary staff personnel
and office facilities and equipment shall be provided by the
department, government-owned or controlled corporation or local
government where the staff is established but the Commission may
augment these with its own. The Staff shall serve as the principal
liaison between the Civil Service and Department concerned and shall
perform the following specific functions and those functions which may
hereafter be assigned to it by the Commission.
(1)
Provide technical assistance in all aspects of
personnel management;
(2) Monitor
and audit periodically the personnel
practices and performance of the Department or agency concerned as well
as those of public officers and employees thereat;
(3) Determine
agency compliance with Civil Service
Law and rules; and
(4) In the
performance of these functions, the staff
shall welcome and receive from the public any suggestions, observations
and complaints pertaining to the conduct of public officers and
employees.
In the performance of their functions, the units so organized shall
avail of the technical assistance and guidelines of the Civil Service
Commission.
Sec. 19. Council of Personnel Officers. — There
shall be a Council of Personnel Officers to be composed of Chief
personnel officers of the different executive departments and of
agencies with the category of department that the Chairman of the
Commission shall select for membership. Except for its Executive
Officer who shall be designated by the Chairman from among the
appropriate officials in the Civil Service Commission, the Council is
authorized to elect such other officers from among its members and to
fix its own rules or procedures concerning attendance at meetings,
approval of policy declaration, and other business matters. Provisions
for necessary facilities and clerical assistance for the Council shall
be made in the annual budget of the Commission.
The Council shall have the following functions:
(1)
Offer advice, upon request of the Secretary of a
Department or the Commission, in developing constructive policies,
standards, procedures, and programs as well as on matters relating to
the improvement of personnel methods and to the solution of personnel
problems confronting the various departments and agencies of the
government;
(2) Promote
among the departments and agencies,
through study and discussion, uniform and consistent interpretation and
application of personnel policies; and
(3) Serve as a
clearing house of information and
stimulate the use of methods of personnel management that will
contribute most to good government.
Sec. 20. Inspection and Audit. — The Commission,
through its designated representatives, shall conduct a periodic
inspection and audit of the personnel management program of each
department, agency, province or city, in order to: (a) determine
compliance with the Civil Service law, rules and standards; (b) review
discharge of delegated authority; (c) make an adequate evaluation of
the progress made and problems encountered in the conduct of the merit
system in the national and local governments; (d) give advice and
provide assistance in developing constructive policies, standards and
procedures, and (e) stimulate improvement in all areas of personnel
management.
Periodic inspection and audit will include an appraisal of personnel
management operations and activities relative to: (a) formulation and
issuance of personnel policy; (b) recruitment and selection of
employees; (c) personnel action and employment status; (d) career and
employee development; (e) performance evaluation system; (f) employee
suggestions and incentive award; (g) employee relations and services;
(h) discipline; (i) personnel records and reporting; and (j) programs
evaluation.
CHAPTER
5
Personnel Policies and Standards
Sec. 21. Recruitment and Selection of Employees. —
(1) Opportunity for government employment shall be open to all
qualified citizens and positive efforts shall be exerted to attract the
best qualified to enter the service. Employees shall be selected on the
basis of fitness to perform the duties and assume the responsibilities
of the positions.
(2) When a vacancy occurs in a position in the first
level of the Career Service as defined in Sec. 6, the employees in
the department who occupy the next lower positions in the occupational
group under which the vacant position is classified, and in other
functionally related occupational groups and who are competent,
qualified and with the appropriate civil service eligibility shall be
considered for promotion.
(3) When a vacancy occurs in a position in the second
level of the Career Service as defined in Sec. 8, the employees in
the government service who occupy the next lower positions in the
occupational group under which the vacant position is classified and in
other functionally related occupational groups and who are competent,
qualified and with the appropriate civil service eligibility shall be
considered for promotion.
(4) For purposes of this Section , each department or
agency shall evolve its own screening process, which may include tests
of fitness, in accordance with standards and guidelines set by the
Commission. Promotion boards shall be formed to formulate criteria for
evaluation, conduct tests or interviews, and make systematic assessment
of training experience.
(5) If the vacancy is not filled by promotion as
provided herein the same shall be filled by transfer of present
employees in the government service, by reinstatement, by re-employment
of persons separated through reduction in force, or by appointment of
persons with the civil service eligibility appropriate to the
positions.
(6) A qualified next-in-rank employee shall have the
right to appeal initially to the Secretaries or heads of agencies or
instrumentalities including government-owned or controlled corporations
with original charters, then to the Merit System Protection Board, and
finally to the Civil Service Commission an appointment made in favor of
another employee if the appellant is not satisfied with the written
special reason or reason given by the appointing authority for such
appointment; Provided, however, that the decision of the Civil Service
Commission may be reviewed on certiorari only by the Supreme Court
within thirty (30) days from receipt of the decision of the aggrieved
party. For purposes of this Section , “qualified next-in-rank” refers to
an employee appointed on a permanent basis to a position previously
determined to be next-in-rank and who meets the requirements for
appointment thereto as previously determined by the appointing
authority and approved by the Commission.
(7) Qualification in an appropriate examination shall
be required for appointment to positions in the first and second levels
in the career service in accordance with the Civil Service rules,
except as otherwise provided in this Title: Provided, That whenever
there is a civil service eligible actually available for appointment,
no person who is not such an eligible shall be appointed even in a
temporary capacity to any vacant position in the career service in the
government or in any government-owned or controlled corporation with
original charter, except when the immediate filling of the vacancy is
urgently required in the public interest, or when the vacancy is not
permanent, in which cases temporary appointments of non-eligibles may
be made in the absence of eligibles actually and immediately available.
(8) The appropriate examinations herein referred to
shall be those given by the Commission and the different agencies:
Provided, however, That nothing herein shall affect those eligibilities
acquired prior to the effectivity of this Civil Service Law: Provided,
further, That a person with a civil service eligibility acquired by
successfully passing an examination shall be qualified for a position
requiring a lower eligibility if he possesses the other requirements
for appointments to such position.
Sec. 22. Qualification Standards. — (1) A
qualification standard expresses the minimum requirements for a class
of positions in terms of education, training and experience, civil
service eligibility, physical fitness, and other qualities required for
successful performance. The degree of qualifications of an officer or
employee shall be determined by the appointing authority on the basis
of the qualification standard for the particular position.
Qualification standards shall be used as basis for civil service
examinations for positions in the career service, as guides in
appointment and other personnel actions, in the adjudication of
protested appointments, in determining training needs, and as aid in
the inspection and audit of the agencies personnel work programs.
It shall be administered in such manner as to continually provide
incentives to officers and employees towards professional growth and
foster the career system in the government service.
(2) The establishment, administration and maintenance
of qualification standards shall be the responsibility of the
department or agency, with the assistance and approval of the Civil
Service Commission and in consultation with the Wage and Position
Classification Office.
Sec. 23. Release of Examination Results. — The
results of any particular civil service examination held in a number of
places on the same date shall be released simultaneously.
Sec. 24. Register of Eligibles. — The names of the
competitors who pass an examination shall be entered in a register of
eligibles arranged in the order of their general ratings and containing
such information as the Commission may deem necessary.
Sec. 25. Cultural Communities. — In line with the
national policy to facilitate the integration of the members of
cultural communities and accelerate the development of the areas
occupied by them, the Commission shall give special civil service
examinations to qualify them for appointment in the civil service.
Sec. 26. Personnel Actions. — All appointments in
the career service shall be made only according to merit and fitness,
to be determined as far as practicable by competitive examinations. A
non-eligible shall not be appointed to any position in the civil
service whenever there is a civil service eligible actually available
for and ready to accept appointment.
As used in this Title, any action denoting the movement or progress of
personnel in the civil service shall be known as personnel action. Such
action shall include appointment through certification, promotion,
transfer, reinstatement, re-employment, detail, reassignment, demotion,
and separation. All personnel actions shall be in accordance with such
rules, standards, and regulations as may be promulgated by the
Commission.
(1)
Appointment through certification. An appointment
through certification to a position in the civil service, except as
herein otherwise provided, shall be issued to a person who has been
selected from a list of qualified persons certified by the Commission
from an appropriate register of eligibles, and who meets all the other
requirements of the position.
All such persons must serve a
probationary period of six months
following their original appointment and shall undergo a thorough
character investigation in order to acquire permanent civil service
status. A probationer may be dropped from the service for
unsatisfactory conduct or want of capacity any time before the
expiration of the probationary period: Provided, That such action is
appealable to the Commission.
(2) Promotion.
A promotion is a movement from one
position to another with an increase in duties and responsibilities as
authorized by law and usually accompanied by an increase in pay. The
movement may be from one department or agency to another, or from one
organizational unit to another in the same department or agency.
(3) Transfer.
A transfer is a movement from one
position to another which is of equivalent rank, level, or salary
without break in service involving the issuance of an appointment.
It shall not be considered
disciplinary when made in the interest of
public service, in which case, the employee concerned shall be informed
of the reasons therefor. If the employee believes that there is no
justification for the transfer, he may appeal his case to the
Commission.
The transfer may be from one
department or agency to another or from
one organizational unit to another in the same department or agency:
Provided, however, That any movement from the non-career service to the
career service shall not be considered a transfer.
(4)
Reinstatement. Any person who has been
permanently appointed to a position in the career service and who has,
through no delinquence or misconduct, been separated therefrom, may be
reinstated to a position in the same level for which he is
qualified.
(5) Reemployment. Names of persons who have been
appointed permanently to positions in the career service and who have
been separated as a result of reduction in force or reorganization,
shall be entered in a list from which selection for reemployment shall
be made.
(6) Detail. A
detail is the movement of an employee
from one agency to another without the issuance of an appointment and
shall be allowed, only for a limited period in the case of employees
occupying professional, technical and scientific positions. If the
employee believes that there is no justification for the detail, he may
appeal his case to the Commission. Pending appeal, the decision to
detail the employee shall be executory unless otherwise ordered by the
Commission.
(7)
Reassignment. An employee may be reassigned from
one organizational unit to another in the same agency: Provided, That
such reassignment shall not involve a reduction in rank, status or
salary.
Sec. 27. Employment Status. — Appointment in the
career service shall be permanent or temporary.
(1)
Permanent status. A permanent appointment shall
be issued to a person who meets all the requirements for the positions
to which he is being appointed, including the appropriate eligibility
prescribed, in accordance with the provisions of law, rules and
standards promulgated in pursuance thereof.
(2) Temporary
appointment. In the absence of
appropriate eligibles and it becomes necessary in the public interest
to fill a vacancy, a temporary appointment shall be issued to a person
who meets all the requirements for the position to which he is being
appointed except the appropriate civil service eligibility: Provided,
That such temporary appointment shall not exceed twelve months, but the
appointee may be replaced sooner if a qualified civil service eligible
becomes available.
Sec. 28. Salary increase or Adjustment. —
Adjustments in salaries as a result of increase in pay levels or
upgrading of positions which do not involve a change in qualification
requirements shall not require new appointments except that copies of
the salary adjustment notices shall be submitted to the Commission for
record purposes.
Sec. 29. Reduction in Force. — Whenever it becomes
necessary because of lack of work or funds or due to a change in the
scope or nature of an agency’s program, or as a result of
reorganization, to reduce the staff of any department or agency, those
in the same group or class of positions in one or more agencies within
the particular department or agency wherein the reduction is to be
effected, shall be reasonably compared in terms of relative fitness,
efficiency and length of service, and those found to be least qualified
for the remaining positions shall be laid off.
Sec. 30. Career and Personnel Development. — The
development and retention of a competent and efficient work force in
the public service is a primary concern of government. It shall be the
policy of the government that a continuing program of career and
personnel development be established for all government employees at
all levels. An integrated national plan for career and personnel
development shall serve as the basis for all career and personnel
development activities in the government.
Sec. 31. Career and Personnel Development Plans. —
Each department or agency shall prepare a career and personnel
development plan which shall be integrated into a national plan by the
Commission. Such career and personnel development plans which shall
include provisions on merit promotions, performance evaluation,
in-service training, including overseas and local scholarships and
training grants, job rotation, suggestions and incentive award systems,
and such other provisions for employees’ health, welfare, counseling,
recreation and similar services.
Sec. 32. Merit Promotion Plans. — Each department
or agency shall establish promotion plans which shall be administered
in accordance with the provisions of the Civil Service law and the
rules, regulations and standards to be promulgated by the Commission.
Such plans shall include provisions for a definite screening process,
which may include tests of fitness, in accordance with standards and
guidelines set by the Commission. Promotion Boards may be organized
subject to criteria drawn by the Commission.
Sec. 33. Performance Evaluation System. — There
shall be established a performance evaluation system, which shall be
administered in accordance with rules, regulations and standards,
promulgated by the Commission for all officers and employees in the
career service. Such performance evaluation system shall be
administered in such manner as to continually foster the improvement of
individual employee efficiency and organizational effectiveness.
Each department or agency may, after consultation with the Commission,
establish and use one or more performance evaluation plans appropriate
to the various groups of positions in the department or agency
concerned. No performance evaluation shall be given, or used as a basis
for personnel action, except under an approved performance evaluation
plan: Provided, That each employee shall be informed periodically by
his supervisor of his performance evaluation.
Sec. 34. Responsibility for Training. — The
Commission shall be responsible for the coordination and integration of
a continuing program of personnel development for all government
personnel in the first and second levels.
Central staff agencies and specialized institutes shall conduct
continuing centralized training for staff specialists from the
different agencies. However, in those cases where there is sufficient
number of participants to warrant training at department or agency or
local government levels, such central staff agencies and specialized
institutes shall render the necessary assistance, and consultative
services.
To avoid duplication of effort and overlapping of training functions,
the following functional responsibilities are assigned:
(1)
Public and private colleges and universities and
similar institutions shall be encouraged to organize and carry out
continuing programs of executive development.
(2) The
Commission, the Commission on Audit, the
Department of Budget and Management, the General Services
Administration, and other central staff agencies shall conduct
centralized training and assist in the training program of the
Departments or agencies along their respective functional areas of
specialization.
(3) In
coordination with the Commission, the
Department of Local Government and Community Development shall
undertake local government training programs.
(4) In
coordination with the Commission, each
department or agency, province or city shall establish, maintain and
promote a systematic plan of action for personnel training at all
levels in accordance with standards laid down by the Commission. It
shall maintain appropriate training staffs and make full use of
available training facilities.
Whenever it deems it necessary, the Commission shall take the
initiative in undertaking programs for personnel development.
Sec. 35. Employee Suggestions and incentive Award
System. — There shall be established a government-wide employee
suggestions and incentive awards system which shall be administered
under such rules, regulations, and standards as may be promulgated by
the Commission.
In accordance with rules, regulations, and standards promulgated by the
Commission, the President or the head of each department or agency is
authorized to incur whatever necessary expenses involved in the
honorary recognition of subordinate officers and employees of the
government who by their suggestions, inventions, superior
accomplishment, and other personal efforts contribute to the
efficiency, economy, or other improvement of government operations, or
who perform such other extraordinary acts or services in the public
interest in connection with, or in relation to, their official
employment.
Sec. 36. Personnel Relations. — (1) It shall be
the concern of the Commission to provide leadership and assistance in
developing employee relations programs in the department or agencies.
(2) Every Secretary or head of agency shall take all
proper steps toward the creation of an atmosphere conducive to good
supervisor-employee relations and the improvement of employee morale.
Sec. 37. Complaints and Grievances. — Employees
shall have the right to present their complaints or grievances to
management and have them adjudicated as expeditiously as possible in
the best interest of the agency, the government as a whole, and the
employee concerned. Such complaint or grievances shall be resolved at
the lowest possible level in the department or agency, as the case may
be, and the employee shall have the right to appeal such decision to
higher authorities.
Each department or agency shall promulgate rules and regulations
governing expeditious, fair and equitable adjustment of employees’
complaints or grievances in accordance with the policies enunciated by
the Commission.
In case any dispute remains unresolved after exhausting all the
available remedies under existing laws and procedures, the parties may
jointly refer the dispute to the Public Sector Labor Management Council
constituted under section 46, for appropriate action.
CHAPTER
6
Right to Self-Organization
Sec. 38. Coverage. — (1) All government employees,
including those in government-owned or controlled corporations with
original charters, can form, join or assist employees’ organizations of
their own choosing for the furtherance and protection of their
interests. They can also form, in conjunction with appropriate
government authorities, labor-management committees, work councils and
other forms of workers’ participation schemes to achieve the same
objectives.
(2) The provisions of this Chapter shall not apply to
the members of the Armed Forces of the Philippines, including police
officers, policemen, firemen and jail guards.
Sec. 39. Ineligibility of High-Level Employees to
Join Rank-and-File Employees’ Organization. — High-level employees
whose functions are normally considered as policy-making or managerial
or whose duties are of a highly confidential nature shall not be
eligible to join the organization of rank-and-file government
employees.
Sec. 40. Protection of the Right to Organize. —
(1) Government employees shall not be discriminated against in respect
of their employment by reason of their membership in employees’
organizations or participation in the normal activities of their
organizations. Their employment shall not be subject to the condition
that they shall not join or shall relinquish their membership in the
employees’ organizations.
(2) Government authorities shall not interfere in the
establishment, functioning or administration of government employees’
organizations through acts designed to place such organizations under
the control of government authority.
Sec. 41. Registration of Employees’ Organization.
— Government employees’ organizations shall register with the Civil
Service Commission and the Department of Labor and Employment. The
application shall be filed with the Bureau of Labor Relations of the
Department which shall process the same in accordance with the
provisions of the Labor Code of the Philippines. Applications may also
be filed with the Regional Offices of the Department of Labor and
Employment which shall immediately transmit the said applications to
the Bureau of Labor Relations within three (3) days from receipt
thereof.
Sec. 42. Certificate of Registration. — Upon
arrival of the application, a registration certificate shall be issued
to the organization recognizing it as a legitimate employees’
organization with the right to represent its members and undertake
activities to further and defend its interests. The corresponding
certificates of registration shall be jointly approved by the Chairman
of the Civil Service Commission and the Secretary of Labor and
Employment.
Sec. 43. Appropriate Organizational Unit. — The
appropriate organizational unit shall be the employer’s unit consisting
of rank-and-file employees unless circumstances otherwise require.
Sec. 44. Sole and Exclusive Employees’
Representatives. — (1) The duly registered employees’ organization
having the support of the majority of the employees in the appropriate
organizational unit shall be designated as the sole and exclusive
representative of the employees.
(2) A duly registered employees’ organization shall
be accorded voluntary recognition upon a showing that no other
employees’ organization is registered or is seeking registration, based
on the records of the Bureau of Labor Relations, and that the said
organization has the majority support of the rank-and-file employees in
the organizational unit.
(3) Where there are two or more duly registered
employees’ organizations in the appropriate organizational unit, the
Bureau of Labor Relations shall, upon petition, order the conduct of a
certification election and shall certify the winner as the exclusive
representative of the rank-and-file employees in said organizational
unit.
Sec. 45. The Public Sector Labor-Management
Council. — A Public Sector Labor-Management Council is hereby
constituted to be composed of the following: The Chairman of the Civil
Service Commission, as Chairman; the Secretary of Labor and Employment,
as Vice-Chairman; and the Secretary of Finance, the Secretary of
Justice and the Secretary of Budget and Management, as members.
The Council shall implement and administer the provisions of this
Chapter. For this purpose, the Council shall promulgate the necessary
rules and regulations to implement this Chapter.
Sec. 46. Discipline: General Provisions. — (a) No
officer or employee in the Civil Service shall be suspended or
dismissed except for cause as provided by law and after due process.
(b) The following shall be grounds for disciplinary
action:
(1)
Dishonesty;
(2)
Oppression;
(3) Neglect of
duty;
(4)
Misconduct;
(5)
Disgraceful and immoral conduct;
(6) Being
notoriously undesirable;
(7)
Discourtesy in the course of official duties;
(8)
Inefficiency and incompetence in the performance
of official duties;
(9) Receiving
for personal use of a fee, gift or
other valuable thing in the course of official duties or in connection
therewith when such fee, gift, or other valuable thing is given by any
person in the hope or expectation of receiving favor or better
treatment than that accorded other persons, or committing acts
punishable under the anti-graft laws;
(10)
Conviction of a crime involving moral turpitude;
(11) Improper
or unauthorized solicitation of
contributions from subordinate employees and by teachers or school
officials from school children;
(12) Violation
of existing Civil Service Law and
rules or reasonable office regulations;
(13)
Falsification of official document;
(14) Frequent
unauthorized absences or tardiness in
reporting for duty, loafing or frequently unauthorized absence from
duty during regular office hours;
(15) Habitual
drunkenness;
(16) Gambling
prohibited by law;
(17) Refusal
to perform official duty or render
overtime service;
(18)
Disgraceful, immoral or dishonest conduct prior
to entering the service;
(19) Physical
or mental incapacity or disability due
to immoral or vicious habits;
(20) Borrowing
money by superior officers from
subordinates or lending by subordinates to superior officers;
(21) Lending
money at usurious rates or interest;
(22) Willful
failure to pay just debts or willful
failure to pay taxes due to the government;
(23)
Contracting loans of money or other property
from persons with whom the office of the employee concerned has
business relations;
(24) Pursuit
of private business, vocation or
profession without the permission required by Civil Service rules and
regulations;
(25)
Insubordination;
(26) Engaging
directly or indirectly in partisan
political activities by one holding a non-political office;
(27) Conduct
prejudicial to the best interest of the
service;
(28) Lobbying
for personal interest or gain in
legislative halls and offices without authority;
(29) Promoting
the sale of tickets in behalf of
private enterprises that are not intended for charitable or public
welfare purposes and even in the latter cases if there is no prior
authority;
(30) Nepotism
as defined in Sec. 60 of this Title.
(c) Except when initiated by the disciplining
authority, no complaint against a civil service official or employee
shall be given due course unless the same is in writing and subscribed
and sworn to by the complainant.
(d) In meeting out punishment, the same penalties
shall be imposed for similar offenses and only one penalty shall be
imposed in each case. The disciplining authority may impose the penalty
of removal from the service, demotion in rank, suspension for not more
than one year without pay, fine in an amount not exceeding six months’
salary, or reprimand.
Sec. 47. Disciplinary Jurisdiction. — (1) The
Commission shall decide upon appeal all administrative disciplinary
cases involving the imposition of a penalty of suspension for more than
thirty days, or fine in an amount exceeding thirty days’ salary,
demotion in rank or salary or transfer, removal or dismissal from
office. A complaint may be filed directly with the Commission by a
private citizen against a government official or employee in which case
it may hear and decide the case or it may deputize any department or
agency or official or group of officials to conduct the investigation.
The results of the investigation shall be submitted to the Commission
with recommendation as to the penalty to be imposed or other action to
be taken.
(2) The Secretaries and heads of agencies and
instrumentalities, provinces, cities and municipalities shall have
jurisdiction to investigate and decide matters involving disciplinary
action against officers and employees under their jurisdiction. Their
decisions shall be final in case the penalty imposed is suspension for
not more than thirty days or fine in an amount not exceeding thirty
days’, salary. In case the decision rendered by a bureau or office head
is appealable to the Commission, the same may be initially appealed to
the department and finally to the Commission and pending appeal, the
same shall be executory except when the penalty is removal, in which
case the same shall be executory only after confirmation by the
Secretary concerned.
(3) An investigation may be entrusted to regional
director or similar officials who shall make the necessary report and
recommendation to the chief of bureau or office or department within
the period specified in Paragraph (4) of the following Section .
(4) An appeal shall not stop the decision from being
executory, and in case the penalty is suspension or removal, the
respondent shall be considered as having been under preventive
suspension during the pendency of the appeal in the event he wins an
appeal.
Sec. 48. Procedure in Administrative Cases Against
Non-Presidential Appointees. — (1) Administrative proceedings may be
commenced against a subordinate officer or employee by the Secretary or
head of office of equivalent rank, or head of local government, or
chiefs of agencies, or regional directors, or upon sworn, written
complaint of any other person.
(2) In the case of a complaint filed by any other
persons, the complainant shall submit sworn statements covering his
testimony and those of his witnesses together with his documentary
evidence. If on the basis of such papers a prima facie case is found
not to exist, the disciplining authority shall dismiss the case. If a
prima facie case exists, he shall notify the respondent in writing, of
the charges against the latter, to which shall be attached copies of
the complaint, sworn statements and other documents submitted, and the
respondent shall be allowed not less than seventy-two hours after
receipt of the complaint to answer the charges in writing under oath,
together with supporting sworn statements and documents, in which he
shall indicate whether or not he elects a formal investigation if his
answer is not considered satisfactory. If the answer is found
satisfactory, the disciplining authority shall dismiss the case.
(3) Although a respondent does not request a formal
investigation, one shall nevertheless be conducted when from the
allegations of the complaint and the answer of the respondent,
including the supporting documents, the merits of the case cannot be
decided judiciously without conducting such an investigation.
(4) The investigation shall be held not earlier than
five days nor later than ten days from the date of receipt of
respondent’s answer by the disciplining authority, and shall be
finished within thirty days from the filing of the charges, unless the
period is extended by the Commission in meritorious cases. The decision
shall be rendered by the disciplining authority within thirty days from
the termination of the investigation or submission of the report of the
investigator, which report shall be submitted within fifteen days from
the conclusion of the investigation.
(5) The direct evidence for the complainant and the
respondent shall consist of the sworn statement and documents submitted
in support of the complaint or answer, as the case may be, without
prejudice to the presentation of additional evidence deemed necessary
but was unavailable at the time of the filing of the complaint or
answer, upon which the cross-examination, by respondent and the
complainant, respectively, shall be based. Following cross-examination,
there may be redirect and recross-examination.
(6) Either party may avail himself of the services of
counsel and may require the attendance of witnesses and the production
of documentary evidence in his favor through the compulsory process of
subpoena or subpoena duces tecum.
(7) The investigation shall be conducted only for the
purpose of ascertaining the truth and without necessarily adhering to
technical rules applicable in judicial proceedings. It shall be
conducted by the disciplining authority concerned or his authorized
representative.
The phrase “any other party” shall be understood to be a complainant
other than those referred to in subsection (a) hereof.
Sec. 49. Appeals. — (1) Appeals, where allowable,
shall be made by the party adversely affected by the decision within
fifteen days from receipt of the decision unless a petition for
reconsideration is seasonably filed, which petition shall be decided
within fifteen days. Notice of the appeal shall be filed with the
disciplining office, which shall forward the records of the case,
together with the notice of appeal, to the appellate authority within
fifteen days from filing of the notice of appeal, with its comment, if
any. The notice of appeal shall specifically state the date of the
decision appealed from and the date of receipt thereof. It shall also
specifically set forth clearly the grounds relied upon for excepting
from the decision.
(2) A petition for reconsideration shall be based
only on any of the following grounds: (a) new evidence has been
discovered which materially affects the decision rendered; (b) the
decision is not supported by the evidence on record; or (c) error of
law or irregularities have been committed which are prejudicial to the
interest of the respondent: Provided, That only one petition for
reconsideration shall be entertained.
Sec. 50. Summary Proceedings. — No formal
investigation is necessary and the respondent may be immediately
removed or dismissed if any of the following circumstances is present:
(1)
When the charge is serious and the evidence of
guilt is strong;
(2) When the
respondent is a recidivist or has been
repeatedly charged and there is reasonable ground to believe that he is
guilty of the present charge; and
(3) When the
respondent is notoriously undesirable.
Resort to summary proceedings by the disciplining authority shall be
done with utmost objectivity and impartiality to the end that no
injustice is committed: Provided, That removal or dismissal except
those by the President, himself or upon his order, may be appealed to
the Commission.
Sec. 51. Preventive Suspension. — The proper
disciplining authority may preventively suspend any subordinate officer
or employee under his authority pending an investigation, if the charge
against such officer or employee involves dishonesty, oppression or
grave misconduct, or neglect in the performance of duty, or if there
are reasons to believe that the respondent is guilty of charges which
would warrant his removal from the service.
Sec. 52. Lifting of Preventive Suspension Pending
Administrative Investigation. — When the administrative case against
the officer or employee under preventive suspension is not finally
decided by the disciplining authority within the period of ninety (90)
days after the date of suspension of the respondent who is not a
presidential appointee, the respondent shall be automatically
reinstated in the service: Provided, That when the delay in the
disposition of the case is due to the fault, negligence or petition of
the respondent, the period of delay shall not be counted in computing
the period of suspension herein provided.
Sec. 53. Removal of Administrative Penalties or
Disabilities. — In meritorious cases and upon recommendation of the
Commission, the President may commute or remove administrative
penalties or disabilities imposed upon officers or employees in
disciplinary cases, subject to such terms and conditions as he may
impose in the interest of the service.
CHAPTER
7
Prohibitions
Sec. 54. Limitation on Appointment. — (1) No
elective official shall be eligible for appointment or designation in
any capacity to any public office or position during his tenure.
(2) No candidate who has lost in any election shall,
within one year after election, be appointed to any office in the
Government or any government-owned or controlled corporations or in any
of its subsidiaries.
(3) Unless otherwise allowed by law or by the primary
functions of his position, no appointive official shall 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.
Sec. 55. Political Activity. — No officer or
employee in the Civil Service including members of the Armed Forces,
shall engage directly or indirectly in any partisan political activity
or take part in any election except to vote nor shall he use his
official authority or influence to coerce the political activity of any
other person or body. Nothing herein provided shall be understood to
prevent any officer or employee from expressing his views on current
political problems or issues, or from mentioning the names of
candidates for public office whom he supports: Provided, That public
officers and employees holding political offices may take part in
political and electoral activities but it shall be unlawful for them to
solicit contributions from their subordinates or subject them to any of
the acts involving subordinates prohibited in the Election Code.
Sec. 56. Additional or Double Compensation. — No
elective or appointive public officer or employee shall receive
additional or double compensation unless specifically authorized by law
nor accept without the consent of the President, any present,
emolument, office, or title of any kind from any foreign state.
Pensions and gratuities shall not be considered as additional, double,
or indirect compensation.
Sec. 57. Limitations on Employment of Laborers. —
Laborers, whether skilled, semi-skilled or unskilled, shall not be
assigned to perform clerical duties.
Sec. 58. Prohibition on Detail or Reassignment. —
No detail or reassignment whatever shall be made within three (3)
months before any election.
Sec. 59. Nepotism. — (1) All appointments in the
national, provincial, city and municipal governments or in any branch
or instrumentality thereof, including government-owned or controlled
corporations, made in favor of a relative of the appointing or
recommending authority, or of the chief of the bureau or office, or of
the persons exercising immediate supervision over him, are hereby
prohibited.
As used in this Section , the word “relative” and members of the family
referred to are those related within the third degree either or
consanguinity or of affinity.
(2) The following are exempted from the operation of
the rules on nepotism: (a) persons employed in a confidential capacity,
(b) teachers, (c) physicians, and (d) members of the Armed Forces of
the Philippines: Provided, however, That in each particular instance
full report of such appointment shall be made to the Commission.
The restriction mentioned in subsection (1) shall not be applicable to
the case of a member of any family who, after his or her appointment to
any position in an office or bureau, contracts marriage with someone in
the same office or bureau, in which event the employment or retention
therein of both husband and wife may be allowed.
(3) In order to give immediate effect to these
provisions, cases of previous appointments which are in contravention
hereof shall be corrected by transfer, and pending such transfer, no
promotion or salary increase shall be allowed in favor of the relative
or relatives who are appointed in violation of these provisions.
CHAPTER
8
Leave of Absence
Sec. 60. Leave of Absence. — Officers and
employees in the Civil Service shall be entitled to leave of absence,
with or without pay, as may be provided by law and the rules and
regulations of the Civil Service Commission in the interest of the
service.
CHAPTER
9
Miscellaneous Provisions
Sec. 61. Examining Committee, Special Examiners
and Special Investigators. — Subject to approval by the proper head of
a department or agency, the Commission may select suitable persons in
the government service to act as members of examining committees,
special examiners or special investigators. Such persons shall be
designated examiners or investigators of the Commission and shall
perform such duties as the Commission may require, and in the
performance of such duties they shall be under its exclusive control.
Examining committees, special examiners or special investigators so
designated may be given allowances or per diems for their services, to
be paid out of the funds of, and at a rate to be determined by, the
Commission.
Sec. 62. Fees. — The Commission shall collect and
charge fees for civil service examinations, certifications of civil
service ratings, service records, and other civil service matters,
training courses, seminars, workshops in personnel management and other
civil service matters. For this purpose, the Commission shall prescribe
standard and reasonable rates for such examinations, certifications,
training courses, seminars, and workshops: Provided, That no
examination fees shall be collected in examinations given for the
selection of scholars.
Sec. 63. Income. — The income of the Commission
from fees, costs for services it may assess and levy, and such other
proceeds generated in the performance of its functions shall be
directly utilized by the Commission for its expenses.
Sec. 64. Authority of Officers to Administer
Oaths, Take Testimony, Prosecute and Defend Cases in Court. — Members
of the Commission, chiefs of offices, and other officers and employees
of the Commission designated in writing by the Chairman may administer
such oath as may be necessary in the transactions of official business
and administer oaths and take testimony in connection with any
authorized investigation. Attorneys of the Commission may prosecute and
defend cases in connection with the functions of the Commission before
any court or tribunal.
Sec. 65. Liability of Appointing Authority. — No
person employed in the Civil Service in violation of the Civil Service
Law and rules shall be entitled to receive pay from the government; but
the appointing authority responsible for such unlawful employment shall
be personally liable for the pay that would have accrued had the
employment been lawful, and the disbursing officials shall make payment
to the employee of such amount from the salary of the officers so
liable.
Sec. 66. Liability of Disbursing Officers. —
Except as may otherwise be provided by law, it shall be unlawful for a
treasurer or other fiscal officer to draw or retain from salary due an
officer or employee any amount for contribution or payment of
obligations other than those due the government or its
instrumentalities.
Sec. 67. Penal Provision. — Whoever makes any
appointment or employs any person in violation of any provision of this
Title or the rules made thereunder or whoever commits fraud, deceit or
intentional misrepresentation of material facts concerning other civil
service matters, or whoever violates, refuses or neglects to comply
with any of such provisions or rules, shall upon conviction be punished
by a fine not exceeding one thousand pesos or by imprisonment not
exceeding six (6) months, or both such fine and imprisonment in the
discretion of the court.
Subtitle
B
THE COMMISSION ON AUDIT
CHAPTER 1
General Provisions
Section 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.
Sec. 2. Definition of Terms. — Unless the content
otherwise requires, when used in this Title:
(1)
“Fund” is a sum of money or other resources set
aside for the purpose of carrying out specific activities or attaining
certain objectives in accordance with special requisitions,
restrictions, or limitations, and constitutes an independent fiscal and
accounting entity.
(2)
“Government funds” includes public moneys of
every sort and other resources pertaining to any agency of the
Government.
(3) “Revenue
funds” comprises all funds deprived from
the income of any agency of the Government and available for
appropriation or expenditure in accordance with law.
(4) “Trust
funds” refers to funds which have come
officially into the possession of any agency of the Government or of a
public officer as trustee, agent, or administrator, or which have been
received for the fulfillment of some obligation.
(5)
“Depository funds” comprises funds over which the
officer accountable therefor may retain control for the lawful purposes
for which they came into his possession. It embraces moneys in any and
all depositories.
(6)
“Depository” refers to any financial institution
lawfully authorized to receive government moneys upon deposit.
(7)
“Resources” refers to the actual assets of any
agency of the Government such as cash, instruments representing or
convertible to money, receivables, lands, buildings, as well as
contingent assets, such as estimated revenues applying to the current
fiscal period not accrued or collected, and bonds authorized and
unissued.
(8)
“Government agency” or “agency of the
government,” or “agency” refers to any department, bureaus or office of
the National Government, or any of its branches and instrumentalities,
or any political subdivision, as well as any government-owned or
controlled corporation, including its subsidiaries, or other
self-governing board or commission of the Government.
CHAPTER
2
Organization of the Commission
on Audit
Sec. 3. The Commission Proper. — The Commission
Proper shall be composed of the Chairman and two Commissioners. It
shall sit as a body to formulate policies, promulgate rules and
regulations, and prescribe standards governing the discharge of its
powers and functions.
Sec. 4. The Chairman. — The Chairman shall act as
Presiding Officer of the Commission Proper and Chief Executive Officer
of the Commission. The Chairman may be assisted by the commissioners in
the general administration of the Commission. He shall perform the
following duties:
(1)
Control and supervise the general administration
of the commission;
(2) Direct and
manage the implementation and
execution of policies, standards, rules and regulations of the
commission;
(3) Control
and supervise the audit of highly
technical or confidential transactions or accounts of any government
agency; and
(4) Perform
such other related functions as may be
assigned from time to time by the Chairman.
Sec. 5. Offices of the Commissioners. — There
shall be two (2) Commissioners who shall assist the Chairman, upon
proper delegation in the general administration of the Commission. They
shall assist in the review and evaluation of existing policies as well
as in the formulation of new ones.
Sec. 6. The Commission Secretariat. — The
Commission Secretariat shall be headed by the Secretary to the
Commission who shall have the privileges of a COA service chief. The
Commission Secretariat shall perform the following functions:
(1)
Prepare the agenda for the sessions of the
Commission Proper;
(2) Prepare
and keep the minutes of all sessions,
hearings and conferences of the Commission Proper;
(3) Maintain
the records of the Commission Proper;
and
(4) Perform
such related functions as may be assigned
by the Chairman of the Commission Proper.
CHAPTER
3
Offices
Sec. 7. Central Offices. — The Commission shall
have the following central offices:
(1)
The Administrative Office shall be headed by a
Director and shall perform the following functions:
(a)
Develop and maintain a personnel program which
shall include recruitment, selection, appointment, performance
evaluation, employee relations, and welfare services;
(b) Provide
the Commission with services related to
personnel, records, supplies, equipment, medical, collections and
disbursements, and other related services; and
(c) Perform
such other related functions as may be
assigned from time to time by the Chairman.
(2) The
Planning, Financial and Management Office
shall:
(a)
Formulate long range and annual plans and
programs for the Commission;
(b) Formulate
basis policies and guidelines for the
preparation of the budget of the Commission, coordinate with the
Department of Budget and Management, and the Office of the President in
the preparation of the said budget;
(c) Maintain
and administer the accounting system
pertaining to the accounts of the Commission;
(d) Develop
and maintain the management information
system of the Commission;
(e) Develop
and administer a management improvement
program, including a system for measurement of performance of auditing
units on which an annual report shall be submitted to the Chairman not
later than the 31st of January of each year;
(f) Render
consultancy services related to the
discharge of government auditing functions; and
(g) Perform
such other related functions as may be
assigned from time to time by the Chairman.
(3) The State
Accounting and Auditing Development
Office shall be headed by a Director and shall perform the following
functions:
(a)
Formulate long range plans for a comprehensive
training program for all personnel of the Commission and personnel of
the agencies of government, with respect to Commission rules and
regulations and audit matters;
(b) Prepare
and implement annual training programs,
consistent with its long range plans;
(c) Develop
its capability to implement training
programs;
(d) Publish
the professional journal of the
Commission;
(e) Establish
and maintain such training centers and
libraries as may be authorized by the Commission; and
(f) Perform
such other related functions as may be
assigned from time to time by the Chairman.
(4) The
Accountancy Office shall be headed by a
Director and shall perform the following functions:
(a)
Prepare for the Commission, the annual financial
report of the National Government and such other financial or
statistical works as may be required by the Commission;
(b) Maintain
the accounts of the current surplus of
the general fund of the national government;
(c) Verify
appropriations, of national government
agencies and control fund releases pertaining thereto; and
(d) Assist in
the formulation of accounting rules and
regulations and supervise the implementation of such rules and
regulations in government agencies.
(5) The
Special Audits Office shall be headed by a
Director and shall perform the following functions:
(a)
Conduct, consistent with the exercise by the
Commission of its visitorial powers as conferred by the variable scope
audit of non-governmental firms subsidized by the government (1)
required to pay levies or government shares; (2) those funded by
donations through the government; and (3) those for which the
government has put up a counterpart fund. Such audits shall be limited
to the funds coming from the government;
(b) Undertake,
on a selective basis, financial
compliance, economy, efficiency and effectiveness audit of national
agencies and local government units, government-owned or controlled
corporations, and other self-governing boards, commissions, or agencies
of government, as well as specific programs and projects of the
government;
(c) Audit
financial operations of public utilities
and franchise grantees for rate determination and franchise tax
purposes;
(d) Conduct
such other special audits as may be
directed by the Chairman; and
(e) Perform
such other related functions as may be
assigned from time to time by the Chairman.
(6) The
Technical Services Office shall perform the
following functions:
(a)
Review and evaluate contracts with emphasis on
the engineering and other technical aspects;
(b) Inspect and appraise infrastructure projects,
deliveries of materials and equipment, and property for disposal;
(c) Develop
and administer a system for monitoring
the prices of materials, supplies, and equipment purchased by the
government;
(d) Initiate
special studies on technical matters
related to auditing; and
(e) Perform
such other related functions as may be
assigned from time to time by the Chairman.
(7) The Legal
Office shall be headed by a General
Counsel with the rank and privileges of a director and which shall
perform the following functions:
(a)
Perform advisory and consultative functions and
render legal services with respect to the performance of the functions
of the Commission and the interpretation of pertinent laws and
regulations;
(b) Handle the
investigation of administrative cases
filed against the personnel of the Commission, evaluate and act on all
reports of involvement of the said personnel in anomalies or
irregularities in government transactions, and perform any other
investigative work required by the Commission upon assignment by the
Chairman.
(c) Represent
the Commission in preliminary
investigation of malversation and similar cases discovered in audit,
assist and collaborate with the prosecuting agencies of Government in
the prosecution thereof, and assist and collaborate with the Solicitor
General in handling civil cases involving the Chairman or any of the
Commissioners and other officials and employees of the Commission in
their official capacity;
(d) Extend
assistance by way of legal advice or
counsel to auditors of the Commission who face harassment or
retaliatory suits, whether civil or criminal, in consequence of the
performance of their official functions;
(e) Coordinate
and initiate for the Commission, with
appropriate legal bodies of government with respect to legal
proceedings towards the collection and enforcement of debts and claims,
and the restitution of funds and property, found to be due any
government agency in the settlement and adjustment of its accounts by
the Commission; and
(f) Perform
such other related functions as may be
assigned from time to time by the Chairman.
(8) The
National Government Audit Offices I and II
shall be headed by a Director and which shall perform the following
functions:
(a)
Exercise control and supervision over the
implementation of auditing rules and regulations in agencies of
national government in the National Capital Region (NCR), including
self-governing boards, commissions or agencies funded from national
appropriations;
(b) Review
audit reports covering agencies of the
national government under its audit jurisdiction;
(c) Exercise
control and supervision over personnel,
planning, financial (budgetary and accounting), and legal matters
pertaining to the Office and the Auditing Units under it;
(d) Formulate
and develop plans, operating standards,
methods and techniques for the implementation of auditing rules and
regulations for agencies of the national government;
(e) Formulate
accounting and auditing rules and
regulations for agencies of the national government;
(f) Advise and
assist the Chairman on matters
pertaining to the audit of agencies of the national government under
their respective jurisdictions; and
(g) Perform
such other related functions as may be
assigned from time to time by the Chairman.
(9) The
Corporate Audit Office shall be headed by a
Director and shall perform the following functions:
(a)
Exercise control and supervision over the
implementation of auditing rules and regulations in government-owned or
controlled corporations in the National Capital Region;
(b) Review
audit reports covering government-owned or
controlled corporations;
(c) Exercise
control and supervision over personnel,
planning, financial (budgetary and accounting), and legal matters
pertaining to the Office and the Auditing units under it;
(d) Formulate
and develop plans, operating standards,
methods and techniques for the implementation of accounting and
auditing rules and regulations in government-owned or controlled
corporations;
(e) Formulate
accounting and auditing rules and
regulations for government-owned or controlled corporations;
(f) Prepare
for the Commission, the annual financial
report of government-owned or controlled corporations;
(g) Advise and
assist the Chairman on matters
pertaining to the audit of government-owned or controlled corporations;
and
(h) Perform
such other related functions as may be
assigned from time to time by the Chairman.
(10) The Local
Governments Audit Office shall be
headed by a Director and shall perform the following functions:
(a)
Exercise control and supervision over the
implementation of auditing rules and regulations in local government
units in the National Capital Region;
(b) Review
audit reports covering local government
units in the National Capital Region;
(c) Exercise
control and supervision over personnel,
planning, financial (budgetary and accounting), and legal matters
pertaining to the Office and Auditing units under it;
(d) Formulate
and develop plans, operating standards,
methods and techniques for the implementation of auditing rules and
regulations in local government units;
(e) Formulate
accounting and auditing rules and
regulations for local government units;
(f) Prepare
for the Commission, the annual financial
report of local government units;
(g) Advise and
assist the Chairman on matters
pertaining to the audit of local government units; and
(h) Perform
such other related functions as may be
assigned from time to time by the Chairman.
Sec. 8. Auditing Units in Regional Offices:
Structure and Functions. — The Regional Offices in Region I to XII,
each to be headed by a Director shall perform the following functions:
(1)
Exercise supervision and control over the
implementation of auditing rules and regulations in any agency of the
government with principal office or place of operations within the
regions;
(2) Review
local, national and corporate audit
reports pertaining to the region;
(3) Exercise
control and supervision over personnel,
planning, financial (budgetary and accounting), and legal matters
pertaining to the region; and
(4) Perform
such other related functions as may be
assigned by the Chairman.
Sec. 9. Auditing Units in Government Agencies:
Structure and Functions. — The Auditing Units in government agencies
shall perform the following functions:
(1)
Examine, audit and settle all accounts, funds,
financial transactions and resources of government agencies under their
jurisdiction.
(2) Submit
audit reports and such other reports as
may be required by the Commission;
(3) Keep and
preserve expense vouchers, journal
vouchers, stubs of treasury warrants and checks, reports of collections
and disbursements and similar documents together with their supporting
papers, under regulations of the Commission; and
(4) Perform
such other functions as may be assigned
to them by the Chairman.
CHAPTER
4
Jurisdiction, Powers and
Functions of the Commission
Sec. 10. Statement of Objectives. — In keeping
with the constitutional mandate, the Commission adheres to the
following objectives:
(1)
Determine whether or not the fiscal
responsibility that rests directly with the head of the government
agency has been properly and effectively discharged;
(2) Develop
and implement a comprehensive audit
program that shall encompass an examination of financial transactions,
accounts and reports, including evaluation of compliance with
applicable laws and regulations;
(3) Institute
control measures through the
promulgation of auditing and accounting rules and regulations governing
the receipts disbursements, and uses of funds and property, consistent
with the total economic development efforts of the Government;
(4) Promulgate
auditing and accounting rules and
regulations so as to facilitate the keeping, and enhance the
information value of the accounts of the Government;
(5) Institute
measures designed to preserve and
ensure the independence of its representatives; and
(6) Endeavor
to bring its operations closer to the
people by the delegation of authority through decentralization,
consistent with the provisions of the Constitution and the laws.
Sec. 11. General Jurisdiction. — (1) The
Commission on Audit shall have the power, authority, and duty to
examine, audit, and settle all accounts pertaining to the revenue and
receipts of, and expenditures or uses of funds and property, owned or
held in trust by, or pertaining to, the Government, or any of its
subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations with original charters, and
on a post-audit basis: (a) constitutional bodies, commissions and
offices that have been granted fiscal autonomy under this Constitution;
(b) autonomous state colleges and universities, (c) other
government-owned or controlled corporations and their subsidiaries; and
(d) such non-governmental entities receiving subsidy or equity,
directly or indirectly from or through the Government, which are
required by law or the granting institution to submit to such audit as
a condition of subsidy or equity. However, where the internal control
system of the audited agencies is inadequate, the Commission may adopt
such measures, including temporary or special pre-audit, as are
necessary and appropriate to correct the deficiencies. It shall keep
the general accounts of the Government and, for such period as may be
provided by law, preserve the vouchers and other supporting papers
pertaining thereto.
(2) The Commission shall have exclusive authority,
subject to the limitations in this Article, to define the scope of its
audit and examination, establish the techniques and methods required
therefor, and promulgate accounting and auditing rules and regulations,
including those for the prevention and disallowance of irregular,
unnecessary, excessive, extravagant, or unconscionable expenditures, or
uses of government funds and properties.
Sec. 12. Appointing Power. — The Commission Proper
shall appoint in accordance with the Civil Service Law, the officials
and employees of the Commission wherever they are stationed or
assigned.
Sec. 13. Examining Authority. — The Commission
shall have authority to examine books, papers, documents filed by
individuals and corporations with, and which are in the custody of,
government offices in connection with government revenue collection
operations, for the sole purpose of ascertaining that all funds
determined by the appropriate agencies and collectible and due the
Government have actually been collected, except as otherwise provided
in the Internal Revenue Code of 1977.
Sec. 14. Visitorial Authority. — (1) The
Commission shall have visitorial authority over non-government entities
subsidized by the Government, those required to pay levies or have
government shares, those which have received counterpart funds from the
Government or are partly funded by donations through the Government.
This authority, however, shall pertain only to the audit of these funds
or subsidies coming from or through the Government; and
(2) Upon direction of the President, the Commission
shall likewise exercise visitorial authority over non-governmental
entities whose loans are guaranteed by the Government, provided that
such authority shall pertain only to the audit of the government’s
contingent liability.
Sec. 15. Fee for Audit and Other Services. — (1)
The Commission shall fix and collect reasonable fees for the different
services rendered to non-government entities that shall be audited in
connection with their dealings with the Government arising from
subsidiaries, counterpart funding by Government, or where audited
records become the basis for a government levy or share. Fees of this
nature shall accrue to the General Fund and shall be remitted to the
Treasurer of the Philippines within ten (10) days following the
completion of the audit; and
(2) Whenever the Commission contracts with any
government entity to render audit and related services beyond the
normal scope of such services, the Commission is empowered to fix and
collect reasonable fees. Such fees shall either be appropriated in the
agency’s current budget, charged against its savings, or appropriated
in its succeeding year’s budget. Remittance shall accrue to the General
Fund and shall be made to the Treasurer of the Philippines within the
time provided for in the contract of service, or in the billing
rendered by the Commission.
Sec. 16. Deputization of Private Licensed
Professionals to Assist Government Auditors. — (1) The Commission may,
when the exigencies of the service also require, deputize and retain in
the name of the Commission such certified public accountants and other
licensed professionals not in the public service as it may deem
necessary to assist government auditors in undertaking specialized
audit engagements; and
(2) The deputized professionals shall be entitled to
such compensation and allowances as may be stipulated, subject to
pertinent rules and regulations on compensation and fees.
Sec. 17. Government Contracts for Auditing,
Accounting and Related Services. — (1) No government agency shall enter
into any contract with any private person or firm for services to
undertake studies and services relating to government auditing,
including services to conduct, for a fee, seminars or workshops for
government personnel on these topics, unless the proposed contract is
first submitted to the Commission to enable it to determine if it has
the resources to undertake such studies or services. The Commission may
engage the services of experts from the public or private sectors in
the conduct of these studies; and
(2) Should the Commission decide not to undertake the
study or service, it shall nonetheless have the power to review the
contract in order to determine the reasonableness of its costs.
Sec. 18. Settlement of Accounts Between Agencies.
— The Commission shall have the power, under such regulations as it may
prescribe, to authorize and enforce the settlement of accounts
subsisting between agencies of the Government.
Sec. 19. Collection of Indebtedness Due to the
Government. — The Commission shall, through proper channels, assist in
the collection and enforcement of all debts and claims, and the
restitution of all funds or the replacement or payment as a reasonable
price of property, found to be due the Government, or any of its
subdivisions, agencies or instrumentalities, or any government-owned or
controlled corporation or self-governing, board, commission or agency
of the Government, in the settlement and adjustment of its accounts. If
any legal proceeding is necessary to that end, the Commission shall
refer the case to the Solicitor General, the Government Corporate
Counsel, or the Legal Staff of the Creditor Government Office or agency
concerned to institute such legal proceeding. The Commission shall
extend full support in the litigation. All such moneys due and payable
shall bear interest at the legal rate from the date of written demand
by the Commission.
Sec. 20. Power to Compromise Claims. — (1) When
the interest of the Government so requires, the Commission may
compromise or release in whole or in part, any settled claim or
liability to any government agency not exceeding ten thousand pesos
arising out of any matter or case before it or within its jurisdiction,
and with the written approval of the President, it may likewise
compromise or release any similar claim or liability not exceeding one
hundred thousand pesos. In case the claim or liability exceeds one
hundred thousand pesos, the application for relief therefrom shall be
submitted, through the Commission and the President, with their
recommendations, to the Congress; and
(2) The Commission may, in the interest of the
Government, authorize the charging or crediting to an appropriate
account in the National Treasury, small discrepancies (overage or
shortage) in the remittances to, and disbursements of, the National
Treasury, subject to the rules and regulations as it may prescribe.
Sec. 21. Retention of Money for Satisfaction of
Indebtedness to Government. — When any person is indebted to any
government agency, the Commission may direct the proper officer to
withhold the payment of any money due such person or his estate to be
applied in satisfaction of the indebtedness.
Sec. 22. Authority to Examine Accounts of Public
Utilities. — (1) The Commission shall examine and audit the books,
records and accounts of public utilities in connection with the fixing
of rates of every nature, or in relation to the proceedings of the
proper regulatory agencies, for purposes of determining franchise
taxes;
(2) Any public utility refusing to allow an
examination and audit of its books of accounts and pertinent records,
or offering unnecessary obstruction to the examination and audit, or
found guilty of concealing any material information concerning its
financial status shall be subject to the penalties provided by law; and
(3) During the examination and audit, the public
utility concerned shall produce all the reports, records, books of
accounts and such other papers as may be required. The Commission shall
have the power to examine under oath any official or employee of the
said public utility.
Sec. 23. Submission of Papers Relative to
Obligations. — (1) The Commission shall have the power, for purposes of
inspection, to require the submission of the original of any order,
deed, contract, or other document under which any collection, or
payment from, government funds may be made, together with any
certificate, receipt, or other evidence in connection therewith. If
authenticated copy is needed for record purposes, the copy shall upon
demand be furnished;
(2) In the case of deeds to property purchased by any
government agency, the Commission shall require a certificate of title
entered in favor of the Government or other evidence satisfactory to it
that the title is in the Government; and
(3) It shall be the duty of the officials or
employees concerned, including those in non-government entities under
audit, or affected in the audit of government and non-government
entities, to comply with these requirements. Failure or refusal to do
so without justifiable cause shall be a ground for administrative
disciplinary action as well as for disallowing permanently a claim
under examination, assessing additional levy or government share, or
withholding or withdrawing government funding or donation through the
Government.
Sec. 24. Investigatory and Inquisitorial Powers. —
The Chairman or any Commissioner, the Central Office Managers, the
Regional Directors, the Auditors of any government agency, and any
other official or employee of the Commission specially deputed in
writing for the purpose by the Chairman shall, in compliance with the
requirement of due process have the power to summon the parties to a
case brought before the Commission for resolution, issue subpoena and
subpoena duces tecum, administer oaths, and otherwise take testimony in
any investigation or inquiry on any matter within the jurisdiction of
the Commission.
Sec. 25. Power to Punish Contempt. — The
Commission shall have the power to punish contempt provided for in the
Rules of Court under the same procedure and with the same penalties
provided therein. Any violation of any final and executory decision,
order or ruling of the Commission shall constitute contempt of the
Commission.
Sec. 26. Annual Report of the Commission. — (1)
The Commission shall submit to the President, and the Congress not
later than the last day of September of each year an annual report on
the financial condition and results of operation of all agencies of the
Government which shall include recommendations of measures necessary to
improve the efficiency and effectiveness of these agencies;
(2) To carry out the purposes of this section, the
Chief Accountant or the official in charge of keeping the accounts of
government agency shall submit to the Commission year-end trial
balances and such other supporting or subsidiary statements as may be
required by the Commission not later than the fourteenth (14) day of
February. Trial balances returned by the Commission for revision due to
non-compliance with accounting rules and regulations shall be
resubmitted within three days after the date of receipt by the official
concerned; and
(3) Failure on the part of any official or employee
to comply with the provisions of the immediately preceding paragraph
shall cause the automatic suspension of the payment of his salary and
other emoluments until he shall have complied therewith. The violation
of these provisions for at least three (3) times shall subject the
offender to administrative disciplinary action.
Sec. 27. Statement of Monthly Receipts and
Disbursements. — The Commission shall forward to the Secretary of
Finance, as soon as and within sixty (60) days after the expiration of
each month, a statement of all receipts of the national government of
whatever class, and payments of moneys made on warrants or otherwise
during the preceding month.
Sec. 28. Powers, Functions, Duties of Auditors as
Representatives of the Commission. — (1) The Auditors shall exercise
such powers and functions as may be authorized by the Commission in the
examination, audit and settlement of the accounts, funds, financial
transactions and resources of the agencies under their respective audit
jurisdiction;
(2) A report of audit for each calendar year shall be
submitted on the last working day of February following the close of
the year by the head of each auditing unit through the Commission to
the head or the governing body of the agency concerned, and copies
thereof shall be furnished the government officials concerned or
authorized to receive them. Subject to such rules and regulations as
the Commission may prescribe, the report shall set forth the scope of
audit and shall include statements of financial conditions, surplus or
deficit analysis, operations, changes in financial position, and such
comments and information as may be necessary together with such
recommendations with respect thereto as may be advisable, including a
report of any impairment of capital noted in the audit. It shall also
show specifically any program, expenditure, or other financial
transaction or undertaking observed in the course of the audit which in
the opinion of the auditor has been carried out or made without
authority of law. The auditor shall render such other reports as the
Commission may require:
(3) In the performance of their respective audit
functions as herein specified, the auditors shall employ such auditing
procedures and techniques as are determined by the Commission under
regulations that it may promulgate; and
(4) The auditors in all auditing units shall have the
custody and be responsible for the safekeeping and preservation of paid
expense vouchers, journal vouchers, stubs of treasury warrants or
checks, reports of collections and disbursements and similar documents,
together with their respective supporting papers, under regulations of
the Commission.
Sec. 29. Check and Audit of Property or Supplies.
— The auditor shall from time to time conduct a careful and thorough
check and audit of all property or supplies of the agency to which he
is assigned. Such check and audit shall not be confined to a mere
inspection and examination of the pertinent vouchers, inventories, and
other papers but shall include an ocular verification of the existence
and condition of the property or supplies. The recommendation of the
auditor shall be embodied in the proper report.
Sec. 30. Annual Audit and Work Program. — Each
Auditor who is head of an auditing unit shall develop and devise an
annual work program and the necessary audit program for his unit in
accordance with the regulations of the Commission.
Sec. 31. Seizure of Office by Auditor. — (1) The
books, accounts, papers and cash of any local treasurer or other
accountable officer shall at all times be open to the inspection of the
Commission or its authorized representatives;
(2) In case an examination of the accounts of a local
treasurer discloses a shortage in cash which should be on hand, it
shall be the duty of the examining officer to seize the office and its
contents, notify the Commission and the local chief executive,
thereupon immediately take full possession of the office and its
contents, close and render his accounts to the date of taking
possession, and temporarily continue the public business of such
office; and
(3) The auditor who takes possession of the office of
the local treasurer under this section shall ipso facto supersede the
local treasurer until the officer involved is restored, or another
person has been appointed or designated to the position or other
provision has been lawfully made for filling the office.
Sec. 32. Constructive Distraint of Property of
Accountable Officer. — (1) Upon discovery in audit of a shortage in the
accounts of any accountable officer and upon a finding of a prima facie
case of malversation of public funds or property against him, in order
to safeguard the interest of the Government, the Commission may place
under constructive distraint personal property of the accountable
officer concerned where there is reasonable ground to believe that the
said officer is retiring from the government service or intends to
leave the Philippines or remove his property therefrom or hide or
conceal his property.
(2) The constructive distraint shall be effected by
requiring the accountable officer concerned or any other person having
possession or control of the property to accomplish a receipt, in the
form of prescribed by the Commission, covering the property distrained
and obligate himself to preserve the same intact and unaltered and not
to dispose of it in any manner whatever without the express authority
of the Commission; and
(3) In case the said accountable officer or other
person having the possession and control of the property sought to be
placed under constructive distraint refuses or fails to accomplish the
receipt herein referred to, the representative of the Commission
effecting the constructive distraint shall proceed to prepare a list of
such property and, in the presence of two (2) witnesses, leave a copy
thereof in the premises where the property distrained is located, after
which the said property shall be deemed to have been placed under
constructive distraint.
CHAPTER
5
Decisions of the Commission
Sec. 33. Appeal from Decision of Auditors. — Any
person aggrieved by the decision of an auditor of any government agency
in the settlement of an account or claim may, within six (6) months
from receipts of a copy thereof, appeal in writing to the Commission.
Sec. 34. Period for Rendering Decisions of the
Commission. — The Commission shall decide any case brought before it
within sixty (60) days from the date of its submission for resolution.
If the account or claim involved in the case needs reference to other
persons or office, or to a party interested, the period shall be
counted from the time the last comment necessary to a proper decision
is received by it.
Sec. 35. Appeal from Decision of the Commission. —
Any decision, order or ruling of the Commission may be brought to the
Supreme Court on certiorari by the aggrieved party within thirty days
from his receipt of a copy thereof in the manner provided by law and
the Rules of Court. When the decision, order or ruling adversely
affects the interest of any government agency, the appeal may be taken
by the proper head that agency.
Sec. 36. Finality of Decision of the Commission or
Any Auditor. — A decision of the Commission or of any Auditor upon any
matter within its or his jurisdiction, if not appealed as herein
provided, shall be final and executory.
Sec. 37. Opening and Revision of Settled Accounts.
— (1) At any time before the expiration of three (3) years after the
settlement of any account by an auditor, the Commission may motu
proprio review and revise the account or settlement and certify a new
balance. For this purpose, it may require any account, vouchers or
other papers connected with the matter to be forwarded to it;
(2) When any settled account appears to be tainted
with fraud, collusion, or error of calculation, or when new and
material evidence is discovered, the Commission may, within three (3)
years after the original settlement, open the account and, after a
reasonable time for reply or appearance of the party concerned, certify
thereon a new balance. An auditor may exercise the same power with
respect to settled accounts pertaining to the agencies under his audit
jurisdiction; and
(3) Accounts once finally settled shall in no case be
opened or reviewed except as herein provided.
CHAPTER
6
Government Auditing and
Accounting
Sec. 38. Definition of Government Auditing. —
Government auditing is the analytical and systematic examination and
verification of financial transactions, operations, accounts and
reports of any government agency for the purpose of determining their
accuracy, integrity and authenticity, and satisfying the requirements
of law, rules and regulations.
Sec. 39. General Standards. — (1) The audit shall
be performed by a person possessed with adequate technical training and
proficiency as auditor;
(2) In all matters relating to the audit work, the
auditor shall maintain complete independence, impartiality and
objectivity and shall avoid any possible compromise of his independence
or any act which may create a presumption of lack of independence or
the possibility of undue influence in the performance of his duties;
and
(3) The auditor shall exercise due professional care
and be guided by applicable laws, regulations and the generally
accepted principles of accounting in the performance of the audit work
a well as in the preparation of audit and financial reports.
Sec. 40. Definition of Government Accounting. —
Government accounting includes the process of analyzing, recording,
classifying, summarizing and communicating all transactions involving
the receipt and dispositions of government funds and property, and
interpreting the results thereof.
Sec. 41. Objectives of Government Accounting. —
Government accounting shall aim to produce information concerning past
operations and present conditions; provide a basis for guidance for
future operations; provide for control of the acts of public bodies and
officers in the receipt, disposition and utilization of funds and
property; and report on the financial position and the results of
operations of government agencies for the information of all persons
concerned.
CHAPTER
7
Receipt and Disposition of Funds
and Property
Sec. 42. Accounting for Money and Property
Received by Public Officials. — Except as may otherwise be specifically
provided by law or competent authority, all moneys and property
officially received by a public officer in any capacity or upon any
occasion must be accounted for as government funds and government
property. Government property shall be taken up in the books of the
agency concerned at acquisition cost or an appraised value.
Sec. 43. Special, Fiduciary and Trust Funds. —
Receipts shall be recorded as income of Special, Fiduciary or Trust
Funds or Funds other than the General Fund only when authorized by law
as implemented pursuant to law.
Sec. 44. Issuance of Official Receipts. — (1) No
payment of any nature shall be received by a collecting officer without
immediately issuing an official receipt in acknowledgment thereof. The
receipt may be in the form of postage, internal revenue or documentary
stamps and the like, or officially numbered receipts, subject to proper
custody, accountability and audit; and
(2) Where mechanical devices are used to acknowledge
cash receipts, the Commission may approve, upon request, exemption from
the use of accountable forms.
CHAPTER
8
Application of Appropriated
Funds
Sec. 45. Disbursement of Government Funds. — (1)
Revenue funds shall not be paid out of any public treasury or
depository except in pursuance of an appropriation law or other
specific statutory authority;
(2) Trust funds shall not be paid out of any public
treasury or depository except in fulfillment of the purpose for which
the trust was created or funds received and upon authorization of the
legislative body, or head of any other agency of the government having
control thereof, and subject to pertinent budget laws, rules and
regulations;
(3) National revenue and trust funds shall not be
withdrawn from the National Treasury except upon warrant or other
instruments of withdrawal approved by the Secretary of Finance as
recommended by the Treasurer of the Philippines; and
(4) Temporary investment of investible cash in the
National Treasury in any securities issued by the National Government
and its political subdivisions and instrumentalities, including
government-owned or controlled corporations as authorized by the
Secretary of Finance, shall not be construed as disbursement of funds.
Sec. 46. Appropriation Before Entering into
Contract. — (1) No contract involving the expenditure of public funds
shall be entered into unless there is an appropriation therefor, the
unexpended balance of which, free of other obligations, is sufficient
to cover the proposed expenditure; and
(2) Notwithstanding this provision, contracts for the
procurement of supplies and materials to be carried in stock may be
entered into under regulations of the Commission provided that when
issued, the supplies and materials shall be charged to the proper
appropriations account.
Sec. 47. Certificate Showing Appropriation to Meet
Contract. — Except in the case of a contract for personal service, for
supplies for current consumption or to be carried in stock not
exceeding the estimated consumption for three (3) months, or banking
transactions of government-owned or controlled banks, no contract
involving the expenditure of public funds by any government agency
shall be entered into or authorized unless the proper accounting
official of the agency concerned shall have certified to the officer
entering into the obligation that funds have been duly appropriated for
the purpose and that the amount necessary to cover the proposed
contract for the current calendar year is available for expenditure on
account thereof, subject to verification by the auditor concerned. The
certificate signed by the proper accounting official and auditor who
verified it, shall be attached to and become an integral part of the
proposed contract, and the sum so certified shall not thereafter be
available for expenditure for any other purpose until the obligation of
the government agency concerned under the contract is fully
extinguished.
Sec. 48. Void Contract and Liability of Officer. —
Any contract entered into contrary to the requirements of the two (2)
immediately preceding sections shall be void, and the officer or
officers entering into the contract shall be liable to the Government
or other contracting party for any consequent damage to the same extent
as if the transaction had been wholly between private parties.
Sec. 49. Countersigning of Warrants or Checks by
Auditors. — No warrant or check shall be paid by the Treasury of the
Philippines, local treasurer, or any government depository unless it is
countersigned by a duly authorized official of the Commission. When, in
the opinion of the Commission, the interest of the service so requires,
the warrant or check may be paid without the countersignature under
such rules and regulations as it may be prescribed from time to time.
CHAPTER
9
Accountability and
Responsibility for Government Funds and Property
Sec. 50. Accountable Officers; Board Requirements.
— (1) Every officer of any government agency whose duties permit or
require the possession or custody government funds shall be accountable
therefor and for safekeeping thereof in conformity with law; and
(2) Every accountable officer shall be properly
bonded in accordance with law.
Sec. 51. Primary and Secondary Responsibility. —
(1) The head of any agency of the Government is immediately and
primarily responsible for all government funds and property pertaining
to his agency;
(2) Persons entrusted with the possession or custody
of the funds or property under the agency head shall be immediately
responsible to him, without prejudice to the liability of either party
to the Government.
Sec. 52. General Liability for Unlawful
Expenditures. — Expenditures of government funds or uses of government
property in violation of law or regulations shall be a personal
liability of the official or employee found to be directly responsible
therefor.
Sec. 53. Prohibition Against Pecuniary Interest. —
No accountable or responsible officer shall be pecuniary interested,
directly or indirectly, in any contract or transaction of the agency in
which he is such an officer.
CHAPTER
10
Miscellaneous Provisions
Sec. 54. Duty to Respect the Commission’s
Independence. — It shall be the duty of every person to respect,
protect and preserve the independence of the Commission.
Sec. 55. Administrative Disciplinary Action. —
Subject to rules and regulations as may be approved by the President,
any unjustified failure by the public officer concerned to comply with
any requirement imposed in Title I-B, Book V of this Code shall
constitute neglect of duty and shall be a ground for administrative
disciplinary action against said public officer who, upon being found
guilty thereof after hearing, shall be meted out such penalty as is
commensurate with the degree of his guilt in accordance with the Civil
Service Law. Repealed unjustified failure to comply with the
requirement imposed in Title I-B, Book V of this Code shall be
conclusive proof that the public officer concerned is notoriously
undesirable.
Subtitle
C
COMMISSION ON ELECTIONS
CHAPTER 1
General Provisions
Section 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.
Sec. 2. Powers and Functions. — In addition to the
powers and functions conferred upon it by the constitution, the
Commission shall have exclusive charge of the enforcement and
administration of all laws relative to the conduct of elections for the
purpose of insuring free, orderly, honest, peaceful and credible
elections, and shall:
(1)
Promulgate rules and regulations implementing the
provisions of the Omnibus Elections Code or other laws which the
Commission is required to enforce and administer;
(2) Fix other
reasonable periods for certain
pre-election requirements in order that voters shall not be deprived of
their rights of suffrage and certain groups of rights granted
them in the Omnibus Election
Code;
Unless indicated in the Omnibus
Election Code, the Commission is hereby
authorized to fix the appropriate period for the various prohibited
acts enumerated therein, consistent with the requirements of free,
orderly, honest, peaceful and credible elections.
(3) Exercise
direct and immediate supervision and
control over national and local officials or employees, including
members of any national or local law enforcement agency and
instrumentality of the government required by law to perform duties
relative to the conduct of elections, plebiscite, referendum, recall
and initiative. In addition, it may authorize CMT cadets, eighteen
years of age and above to act as its deputies for the purpose of
enforcing its orders;
The Commission may relieve any
officer or employee referred to in the
preceding paragraph from the performance of his duties relating to
electoral processes who violates the election law or fails to comply
with its instructions, orders, decisions or rulings, and appoint his
substitute. Upon recommendation of the Commission, the corresponding
proper authority shall suspend or remove from office any or all of such
officers or employees who may after due process, be found guilty of
such violation or failure.
(4) During the period of the campaign and ending
thirty days thereafter, when in any area of the country there are
persons committing acts of terrorism to influence people to vote for or
against any candidate or political party, the Commission shall have the
power to authorize any member or members of the Armed Forces of the
Philippines, the National Bureau of Investigation, the Integrated
National Police or any similar agency or instrumentality of the
government, except civilian home defense forces, to act as deputies for
the purpose of insuring the holding of free, orderly, honest, peaceful
and credible elections;
(5) Publish at
least ten (10) days before an election
in a newspaper of general circulation certified data on the number of
official ballots and election returns and the names and address of the
printers and the number printed by each;
(6) Refuse,
motu propio or upon a verified petition,
to give due course to or cancel a certificate of candidacy if it is
shown that said certificate has been filed to put the election process
in mockery or disrepute or to cause confusion among the voters by the
similarity of the names of the registered candidates or by other
circumstances or acts which clearly demonstrate that the candidate has
no bona fide intention to run for the office for which the certificate
of candidacy has been filed and thus prevent a faithful determination
of the true will of the electorate;
(7) Postpone,
motu propio or upon verified petition
and after due notice and hearing whereby all interested parties are
afforded equal opportunity to be heard, the election to a date which
should be reasonably close to the date of the election not held,
suspended or which resulted in a failure to elect but not later than
thirty days after the cessation of the cause for such postponement or
suspension of the election or failure to elect, when for any serious
cause such as violence, terrorism, loss or destruction of election
paraphernalia or records, force majeure, and other analogous
causes the holding of a free, orderly, honest, peaceful and credible
election should become impossible in any political subdivision.
(8) Call for
the holding or continuation of election
not held in any polling place where on account of force majeure,
violence, terrorism, fraud or other analogous causes the election has
not been held on the date fixed, or had been suspended before the hour
fixed by law for the closing of the voting, or after the voting and
during the preparation and the transmission of the election returns or
in the custody or canvass thereof, such election results in a failure
to elect, and in any of such cases the failure or suspension of
election would affect the result of the election. Such call should be
on the basis of a verified petition by any interested party and after
due notice and hearing and the new date should be reasonably close to
the date of the election not held, suspended or which resulted in a
failure to elect but not later than thirty (30) days after the
cessation of the cause of such postponement or suspension of the
election or failure to elect.
(9) Call a
special election to elect the member to
serve the unexpired portion in case a vacancy arises in the Senate or
in the House of Representatives eighteen (18) months or more before a
regular election, to be held within sixty (60) days after the vacancy
occurs;
(10) Summon
the parties to a controversy pending
before it, issue subpoena duces tecum and take testimony in any
investigation or hearing before it, and delegate such power to any
officer of the Commission who shall be a member of the Philippine Bar.
In case of failure of a witness to attend, the Commission, upon proof
of service of the subpoena to said witness, may issue a warrant to
arrest the witness and bring him before the Commission or the officer
before whom his attendance is required;
Any controversy submitted to the
Commission shall, after compliance
with the requirements of due process, be immediately heard and decided
by it within sixty (60) days from the date of its submission for
decision or resolution. No decision or resolution shall be rendered by
the Commission either en banc or by division unless taken up in a
formal session properly convened for the purpose;
The Commission may when
necessary, avail itself of the assistance of
any national or local law enforcement agency and or instrumentality of
the government to execute under its direct and immediate supervision
any of its final decisions, orders, instruction or rulings;
(11) Punish
for contempt according to the procedure,
and with the same penalties provided, in the Rules of Court. Any
violation of any final and executory decision, order or ruling of the
Commission shall constitute contempt thereof;
(12) Enforce
and execute its decisions, directives,
orders and instructions which shall have precedence over those
emanating from any other authority, except the Supreme Court and those
issued in habeas corpus proceedings;
(13) Prescribe
the forms to be used in the election,
plebiscite or referendum, recall or initiative;
(14) Procure
any supplies, equipment, materials or
services needed for the holding of the election by public bidding; but
if it finds the requirements of public bidding impractical to observe,
then by negotiations or sealed bids, and in both cases, the accredited
parties shall be duly notified;
(15) Prescribe
the use or adoption of the latest
technological and electronic devices, taking into account the situation
prevailing in the area and funds available for the purpose. The
Commission shall notify the authorized representatives of accredited
political parties and candidates in areas affected by the use or
adoption of technological and electronic devices not less than thirty
days prior to the effectivity of the use of such devices;
(16)
Constitute a pool of standby-teachers from which
substitutes shall be drawn in case a member/s of the Board of Election
Inspectors who, for one reason or another, failed to report or refused
to act as such on the day of election.
(17) Carry out
a continuing and systematic campaign
through newspapers of general circulation, radio and other media forms
to educate the public and fully inform the electorate about election
laws, procedures, decisions, and other matters relative to the works
and duties of the Commission and the necessity of clean, free, orderly,
honest, peaceful and credible electoral processes;
(18) Accredit
non-partisan groups or organizations of
citizens from the civic, youth, professional, education, business or
labor sectors known for their probity, impartiality and integrity with
the membership and capability to undertake a coordinated operation and
activity to assist it in the implementation of the provisions of
Omnibus Election Code and the resolutions, orders and instructions of
the Commission for purpose of ensuring free, orderly, honest, peaceful
and credible elections in any constituency. Such groups or organization
shall functions under the direct and immediate control and supervision
of the Commission;
(19) Conduct
hearings on controversies pending before
it in the cities or provinces upon proper motion of any party, taking
into consideration the materiality and number of witnesses to be
presented, the situation prevailing in the area and the fund available
for the purpose;
(20) Have
exclusive jurisdiction over all
pre-proclamation controversies. It may motu proprio or upon written
petition, and after due notice and hearing, order the partial or total
suspension of the proclamation of any candidate-elect or annul
partially or totally any proclamation, if one has been made, as the
evidence shall warrant. Notwithstanding the pendency of any
preproclamation controversy, the Commission may, motu propio or upon
filing of a verified petition and after due notice and hearing, order
the proclamation of other winning candidates whose election will not be
affected by the outcome of the controversy.
(21) Have the
exclusive power, through its duly
authorized legal officers, to conduct preliminary investigation of all
election offenses punishable under the Omnibus Election Code and to
prosecute the same. The Commission may avail itself of the assistance
of other prosecuting arms of the government: Provided, however, that in
the event that the Commission fails to act on any complaint within four
(4) months from its filing, the complainant may file the complaint with
the office of the fiscal or with the Department of Justice for proper
investigation and prosecution, if warranted; and
(22) Perform
such other functions as may be provided
by law.
Sec. 3. Enforcement Powers. — For the effective
enforcement of the provisions of the Omnibus Election Code, the
Commission is further vested and charged with the following powers,
duties and responsibilities:
1.
To stop any illegal activity, or confiscate, tear
down, and stop any unlawful, libelous, misleading or false election
propaganda, after due notice and hearing; and
2. To inquire
into the financial records of
candidates and any organization or group of persons, motu propio or
upon written representation for probable cause by any candidate,
organization or group of persons or qualified voter, after due notice
and
hearing.
For purposes of this Section , the Commission may avail itself of the
assistance of the Commission on Audit, the Central Bank, the National
Bureau of Investigation, the Bureau of Internal Revenue, the Armed
Forces of the Philippines, the Integrated National Police of the
Philippines, barangay officials and other agencies of the government.
CHAPTER
2
The Commission Proper
Sec. 4. Composition and Qualifications. — There
shall be a Commission on Elections composed of a Chairman and six (6)
Commissioners who shall be natural born citizens of the Philippines
and, at the time of their appointment, at least thirty-five (35) years
of age, holders of a college degree, and must not have been candidates
for any elective position in the immediately preceding elections.
However, a majority thereof, including the Chairman, shall be members
of the Philippine Bar who have been engaged in the practice of law for
at least ten (10) years.
Sec. 5. Appointment and Term of Office. — The
Chairman and the Commissioners shall be appointed by the President with
the consent of the Commission on Appointments for a term of seven (7)
years without reappointment. Of those first appointed, three (3)
Members shall hold office for seven (7) years, two (2) members for five
(5) years, and the last members for three (3) years, without
reappointment. Appointment to any vacancy shall be only for the
unexpired term of the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting capacity.
Sec. 6. Disqualifications. — The Chairman and
members of the Commission shall be subject to the canons of judicial
ethics in the discharge of their functions.
No chairman or commissioners shall sit in any case in which he has
manifested bias or prejudice or antagonism against any party thereto
and in connection therewith, or in any case in which he would be
disqualified under the Rules of Court. If it be claimed that the
chairman or a commissioner is disqualified as above provided, the party
objecting to his competency may file his objection in writing with the
Commission stating the ground therefor. The official concerned shall
continue to participate in the hearing or withdraw therefrom in
accordance with his determination of the question of his
disqualification. The decision shall forthwith be made in writing and
filed with the other papers of the case in accordance with the Rules of
Court. If a disqualification should result in a lack of quorum in the
Commission sitting en banc, the Presiding Justice of the Court of
Appeals shall designate a justice of said court to sit in said case for
the purpose of hearing and reaching a decision thereon.
Sec. 7. Chairman as Executive Officer; Powers and
Duties. — The Chairman, who shall be the Chief Executive Officer of the
Commission, shall:
(1)
Execute and administer the policies, decisions,
orders and resolutions approved by the Commission;
(2) Direct and
supervise the operations and internal
administration of the Commission;
(3) Sign
appointments of subordinate officials and
employees made by the Commission and enforce decisions on
administrative discipline involving them;
(4) Make
temporary assignments, rotate and transfer
personnel in accordance with the provisions of the civil service law;
(5) Submit an
annual budget to the Commission for its
approval;
(6) Delegate
his authority, in whole or in part, to
other officials of the Commission, in accordance with the rules and
regulations of the Commission; and
(7) Perform
such other duties as may be authorized by
the Commission.
Sec. 8. Executive Director; Powers and Duties. —
The Executive Director of the Commission shall:
(1)
Advise and assist the Chairman in the formulation
and implementation of the objectives, policies, plans and programs of
the Commission;
(2) Serve as
the principal assistant of the Chairman
in the overall supervision of the administrative business of the
Commission;
(3) Oversee
all the operational activities of the
Commission;
(4) Coordinate
the programs and projects of the
Commission and be responsible for its economical, efficient and
effective administration;
(5) Serve as
deputy to the Chairman in all matters
relating to the operational activities of the Commission;
(6) Administer
oaths in connection with all matters
relating to the business of the Commission; and
(7) Perform
such other duties as may be assigned by
the Chairman.
Sec. 9. Staff and Operating Units. — The
Commission shall have the following staff and operating units: Office
of the Chairman, Office of the Executive Director, Office of the
Electoral Contests Adjudication, Regional Offices, Election and
Barangay Affairs Department, Law Department, Election Records and
Statistics Department, Administrative Service Department, Planning
Department, Personnel Department, Finance Services Department and
Education and Information Department.
Sec. 10. Duties and Functions of Offices and
Departments of the Commission. — The different offices and departments
of the Commission shall operate in accordance with their respective
duties and functions assigned to them by the Commission, subject to the
requirements of efficiency, economy and effectiveness, and pertinent
Budget and Civil Service Law, rules and regulations.
CHAPTER
3
The Field Offices
Sec. 11. Field Office of the Commission. — The
Commission shall have the following field offices:
(1)
Regional Election Office, headed by the Regional
Election Director and assisted by the Assistant Regional Director and
such other subordinate officers or employees as the Commission may
appoint;
(2) Provincial
Election Office, headed by the
Provincial Election Supervisor and assisted by such other subordinate
officers or employees as the Commission may appoint;
(3) City
Municipal Election Office, headed by the
City/Municipal Election Registrar who shall be assisted by an election
clerk and such other employees as the Commission may appoint.
The Commission may delegate its powers and functions or order the
implementation or enforcement of its orders, rulings or decisions
through the heads of its field offices.
Sec. 12. Qualifications of Heads of field Offices.
— Only members of the Philippines Bar shall be eligible for appointment
to the position of regional director, assistant regional director,
provincial election supervisor and election registrar. However, if
there are no members of the Philippine Bar available for appointment as
election registrar, except in cities and capital towns, graduates of
duly recognized schools of law, liberal arts, education or business
administration who possess the appropriate civil service eligibility
may be appointed to said position.
Sec. 13. Changes in the Composition, Distribution
of Assignment of Field Offices. — The Commission may make changes in
the composition, distribution and assignment of field offices, as well
as its personnel, whenever the exigencies of the service and the
interest of free, orderly, honest, peaceful and credible election so
require: Provided, That such changes shall be effective and enforceable
only for the duration of the election period concerned and shall not
affect the tenure of office of the incumbents of positions affected and
shall not constitute a demotion, either in rank of salary, nor result
in a change of status; and Provided, further, that there shall be no
changes in the composition, distribution or assignment within thirty
(30) days before election, except for cause and after due notice and
hearing, and that in no case shall a regional or assistant regional
director be assigned to a region, or a provincial election supervisor
to a province, or a city municipal election registrar to a city or
municipality, where he and/or his spouse are related to any candidate
within the fourth civil degree of consanguinity or affinity as the case
may be.
Title
II
OTHER BODIES
SUBTITLE A
Commission on Human Rights
Section 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.
Sec. 2. Powers and Functions. — The Commission on
Human Rights shall:
(1)
Investigate, on its own or on complaint by any
party, all forms of human rights violations involving civil and
political rights;
(2) Adopt its
operational guidelines and rules of
procedure, and cite for contempt violations thereof in accordance with
the Rules of Court;
(3) Provide
appropriate legal measures for the
protection of human rights of all persons within the Philippines, as
well as Filipinos residing abroad, and provide for preventive measures
and legal aid services to the under-privileged whose human rights have
been violated or need protection;
(4) Exercise
visitorial powers over jails prisons, or
detention facilities;
(5) Establish
a continuing program of research,
education and information to enhance respect for the primacy of human
rights;
(6) Recommend
to the Congress effective measures to
promote human rights and to provide for compensation to victims of
violations of human rights, or their families;
(7) Monitor
the Philippine Government’s compliance
with international treaty obligations on human rights;
(8) Grant
immunity from prosecution to any person
whose testimony or whose possession of documents or other evidence is
necessary or convenient to determine the truth in any investigation
conducted by it or under its authority;
(9) Request
the assistance of any department, bureau,
office, or agency in the performance of its functions;
(10) Appoint
its officers and employees in accordance
with law; and
(11) Perform
such other duties and functions as may
be provided by law.
Sec. 3. Inhibitions Against Commissioners. — The
Chairman and the Members of the Commission on Human Rights shall not,
during their tenure, hold any other office or employment. Neither shall
they engage in the practice of any profession or in the active
management or control of any business which in any way will be affected
by the functions of their office, nor shall they 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.
Sec. 4. Term of Office. — The Chairman and the
Members of the Commission on Human Rights shall be appointed by the
President for a term of seven years without reappointment. Appointment
to any vacancy shall be only for the unexpired term of the predecessor.
Sec. 5. Compensation. — The Chairman and the
Members of the Commission on Human Rights shall receive the same salary
as the Chairman and Members, respectively, of the Constitutional
Commissions, which shall not be decreased during their term of office.
Sec. 6. Annual Appropriations. — The approved
annual appropriations of the Commission on Human Rights shall be
automatically and regularly released.
SUBTITLE
B
Office of the Ombudsman
Section 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.
(2) It shall have such other officials and employees,
to be appointed by the Ombudsman according to the Civil Service Law.
Sec. 2. Powers and Functions. — The Office of the
Ombudsman shall:
(1)
Investigate on its own, or on complaint by any
person, any act or omission of any public official, employee, office or
agency, when such act or omission appears to be illegal, unjust,
improper, or inefficient;
(2) Direct,
upon complaint or at its own instance,
any public official or employee of the Government, or any subdivision,
agency or instrumentality thereof, as well as of any government-owned
or controlled corporation with original charter, to perform and
expedite any act or duty required by law, or to stop, prevent, and
correct any abuse or impropriety in the performance of duties;
(3) Direct the
officer concerned to take appropriate
action against a public official or employee at fault, and recommend
his removal, suspension, demotion, fine, censure, or prosecution, and
ensure compliance therewith;
(4) Direct the
officer concerned, in any appropriate
case, and subject to such limitations as may be provided by law, to
furnish it with copies of documents relating to contracts or
transactions entered into by his office involving the disbursement or
use of public funds or properties, and report any irregularity to the
Commission on Audit for appropriate action;
(5) Request
any government agency for assistance and
information necessary in the discharge of its responsibilities, and to
examine, if necessary, pertinent records and documents;
(6) Publicize
matters covered by its investigation
when circumstances so warrant and with due prudence;
(7) Determine
the causes of inefficiency; red tape,
mismanagement, fraud, and corruption in the Government and make
recommendations for their elimination and the observance of high
standards of ethics and efficiency;
(8) Promulgate
its rules of procedure and exercise
such other powers or perform such functions or duties as may be
provided by law.
Sec. 3. Action and Complaints. — The Ombudsman and
his Deputies, as protectors of the people, shall act promptly on
complaint filed in any form or manner against public officials or
employees of the Government, or any subdivision, agency or
instrumentality thereof, including government-owned or controlled
corporations, and shall, in appropriate cases, notify the complainants
of the action taken and the result thereof.
Sec. 4. Fiscal Autonomy. — The Office of the
Ombudsman shall enjoy fiscal autonomy. Its approved annual
appropriations shall be automatically and regularly released.
SUBTITLE
C
The National Economic and
Development Authority
CHAPTER 1
General
Provisions
Section 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.
Sec. 2. National Economic and Development
Authority. — The National Economic and Development Authority shall
serve as an independent planning agency of the government.
Sec. 3. Powers and Functions of the Authority. —
The powers and functions of the Authority are vested in the NEDA Board.
The Authority shall primarily be responsible for formulating
continuing, coordinated and fully integrated social and economic
policies, plans and programs, on the basis of the following:
(1)
The State aims to achieve objectives of growth
coupled with equity;
(2)
Development leading to the attainment of the
above mentioned goals is a multi-faceted process that calls for the
coordination and integration of policies, plans, programs and projects
of all sectors of society;
(3) In the
formulation of basic policies, plans,
programs and projects, there shall be maximum participation by and
consultation with concerned private sector groups, community
organizations and beneficiaries and local government units in order to
ensure that priority needs are incorporated into such policies, plans,
programs and projects;
(4) National
plans shall be in fact the sum of
nationally and regionally identified targets and strategies and locally
formulated approaches to perceived local needs and priorities, carried
out within the framework of national strategies;
(5) Major
socio-economic policies, plans, programs
and projects of different government agencies must be properly
coordinated with the Authority at both the national and regional levels
prior to their adoption, in order to ensure their consistency with
established national priorities and coordination with other policies,
plans, programs and projects of the government; and
(6) The
linkage between development planning,
programming and budgeting shall be of the highest priority in planning
and budgeting activities.
The Authority, after due consultation with the private sector,
community organizations and beneficiaries, local government units and
appropriate public agencies, shall be responsible for studying,
reviewing, formulating and recommending continuing, coordinated and
fully integrated economic and development policies, plans and programs,
including the formulation of annual and medium-term public investment
programs, programming official development assistance in the form of
grants and concessional loans from foreign governments and multilateral
agencies and organizations and the monitoring and evaluation of plan
implementation.
Sec. 4. Composition of the Authority. — The
Authority shall be composed of two separate and distinct entities: the
Board and the Secretariat.
CHAPTER
2
NEDA Board
Sec. 5. Composition of the NEDA Board. — The NEDA
Board shall be composed of the following:
The
President
— Chairman
Director-General of the NEDA
Secretariat
—
Vice-Chairman
Executive Secretary
— Member
Secretary of
Finance
— Member
Secretary of Trade &
Industry
— Member
Secretary of
Agriculture — Member
Secretary of Environment &
Natural
Resources — Member
Secretary of Public Works and
Highways
— Member
Secretary of Budget and
Management — Member
Secretary of Labor &
Employment —
Member
Secretary of Local
Government
— Member
The President may, however, revise the membership of the NEDA Board
whenever the same is deemed necessary for the effective performance of
the Board’s functions through an administrative or memorandum order.
Sec. 6. Meetings. — The NEDA Board shall meet at
least once a month or as frequently as is necessary to discharge its
responsibilities as called for by the President. When the President is
unable to attend a meeting, the Director-General of the NEDA may
preside as Chairman, in the absence of any Presidential preference.
The President however continues to have the power to designate from
among the members of the NEDA Board the Chairman that can appropriately
represent the President, to preside over specific meetings.
Sec. 7. National Economic Development Authority
Inter-agency Committees. — To assist the NEDA Board in the performance
of its functions, there are hereby created the following committees
which shall hereafter be under the direct control of the NEDA Board and
shall submit all their recommendations to the President for approval on
matters involving their respective concerns. The Chairman of these
committees shall be designated by the President. The NEDA Board shall
likewise determine where the technical staff of the said committees
shall be based.
(1)
Development Budget Coordination Committee (DBCC)
— The DBCC, to be composed of the Director-General of the National
Economic Development Authority Secretariat, the Executive Secretary and
the Secretaries of Finance and of Budget and Management, shall have the
following functions:
(a)
Recommend for President’s approval the level of
the annual government expenditure program and the ceiling of government
spending for economic and social development, national defense, general
government and debt service;
(b) Recommend
to the President the proper allocation
of expenditures for each development activity between current operating
expenditures and capital outlay; and
(c) Recommend
to the President the amount set to be
allocated for capital outlay under each development activity for the
various capital or infrastructure projects.
(2) Investment
Coordination Committee (ICC) — The ICC
to be composed of the Director-General of the National Economic
Development Authority Secretariat, the Executive Secretary, the
Secretaries of Finance, Agriculture, Trade and Industry and of Budget
and Management and the Governor of the Central Bank shall have the
following functions:
(a)
Evaluate the fiscal, monetary and balance of
payments implications of major national projects and recommend to the
President the timetable for the implementation of these projects on a
regular basis; and
(b) Recommend
to the President a domestic and foreign
borrowing program updated each year; and subsequently submit to the
President a status of fiscal, monetary and balance of payments
implications of major national projects.
(3) Committee
on Social Development (SDC) — The SDC
to be composed of the Director-General of the National Economic
Development Authority Secretariat, the Executive Secretary, and the
Secretaries of Education, Culture and Sports, Labor and Employment,
Health, Local Government, Agrarian Reform, Agriculture and Social
Welfare and Development shall have the following functions:
(a)
Advise the President and the NEDA Board on
matters concerning social development, including education, manpower,
health and nutrition, population and family planning, housing, human
settlements and the delivery of other social services;
(b) Coordinate
the activities of government agencies
concerned with social development; and
(c) Recommend
to the President government policies,
programs and projects on social development consistent with national
development objectives and priorities.
(4) Committee
on Infrastructure (INFRACOM) — the
INFRACOM to be composed of the Director-General of the National
Economic Development Authority Secretariat, the Executive Secretary,
and the Secretaries of Public Works and Highways, Transportation and
Communications, Finance, and Budget and Management shall have the
following functions:
(a)
Advise the President and the NEDA Board or
matters concerning infrastructure development including highways,
airports, seaports and shore protection; railways; power generation,
transmission and distribution; telecommunications; irrigation, flood
control and drainage; water supply; national buildings for government
offices; hospitals, sanitation and related buildings; state colleges
and universities, elementary and secondary school buildings; and other
public works;
(b) Coordinate
the activities of agencies, including
government-owned or controlled corporations concerned with
infrastructure development; and
(c) Recommend
to the President government policies,
programs and projects concerning infrastructure development consistent
with national development objectives and priorities.
(5) Committee
on Tariff and Related Matters (TRM) —
The TRM to be composed of the Director-General of the National Economic
Development Authority Secretariat, the Executive Secretary, the
Secretaries of Trade and Industry, Foreign Affairs, Agriculture,
Environment and Natural Resources and Budget and Management, the
Government of the Central Bank and the Chairman of the Tariff
Commission shall have the following functions:
(a)
Advise the President and the NEDA Board on tariff
and related matters, and on the effects on the country of various
international developments;
(b) Coordinate
agency positions and recommend
national positions for international economic negotiations; and
(c) Recommend
to the President a continuous
rationalization program for the country’s tariff structure.
CHAPTER
3
NEDA Secretariat
Sec. 8. The NEDA Secretariat. — The Secretariat of
NEDA shall have the following functions:
(1)
Serve as the research and technical support arm
of the NEDA Board;
(2) Provide
through its various organizational units,
technical staff support and assistance, including the conduct of
studies and development of policy measures and other recommendations,
on the various aspects of the substantive functions of development
planning and policy formulation, and coordination, evaluation and
monitoring of plan implementation;
(3) Serve as
the Secretariat of the NEDA Board; and
(4) Perform
such other functions as may be assigned
to it by the NEDA Board to achieve its goals and objectives.
Sec. 9. Structural Organization. — The NEDA
Secretariat shall be composed of the Director-General, three (3) Deputy
Directors-General, five (5) Assistant Directors-General, the National
Development Office, the Regional Development Office, the Central
Support Office and the Regional Offices.
Sec. 10. Director-General. — The Director-General
shall head the Secretariat and shall likewise serve as Vice-Chairman of
the NEDA Board. He shall be appointed by the President and shall carry
the rank and title of Secretary of Socio-Economic Planning and shall be
a member of the Cabinet.
As Chief Executive Officer, he shall exercise general supervision and
control over its technical and administrative personnel.
Sec. 11. Deputy Directors-General. — The Director
General shall be assisted by three (3) Deputy Directors-General to be
appointed by the President, one to be responsible for the National
Development Office, one, for the Regional Development Office and one,
for the Central Support Office.
Sec. 12. Assistant Directors-General. — The
Director-General shall also be assisted by five (5) Assistant
Directors-General to be appointed by the President, who shall be
assigned to assist the Deputy Directors-General in their tasks of
coordinating and supervising their respective Offices.
Sec. 13. National Development Office. — The
National Development Office shall provide technical staff support as
may be required by the NEDA Board in coordinating the formulation of
national and sectoral policies, plans and programs; monitor
macro-economic and sectoral performances; prepare the necessary
economic reports; conduct economic and development studies on
macro-level plans and policies; and perform such other appropriate
planning tasks as may be assigned by the Director-General.
It shall be composed of the following:
(1)
National Planning and Policy Staff;
(2)
Agriculture Staff;
(3) Trade,
Industry and Utilities Staff;
(4)
Infrastructure Staff;
(5) Social
Development Staff; and
(6) Public
Investment Staff.
Sec. 14. Regional Development Office. — The
Regional Development Office shall provide technical staff support as
may be required by the implementing agencies in the regions; monitor
regional and inter-regional development policies, plans and programs;
prepare integrated reports on regional planning; conduct studies on
regional development policies; and perform such other planning tasks as
may be assigned by the Director-General.
It shall be composed of the following:
(1)
Regional Development Coordination Staff;
(2) Project
Monitoring Staff; and
(3) Regional
Offices.
In each of the administrative regions, there shall be a regional office
which shall be headed by a Regional Director who shall report to the
Deputy Director-General for Regional Development Office. The Regional
Director shall be appointed by the President.
Sec. 15. Central Support Office. — The Central
Support Office shall be responsible for providing technical assistance
and support services to the Secretariat’s organizational units in the
areas of development administration, internal management improvement,
legal services, development information, administrative services, and
perform such other support service tasks as may be assigned by the
Director-General.
It shall be composed of the following:
(1)
Management Staff;
(2) Legal
Staff;
(3)
Administrative Staff;
(4) Management
Information System Staff; and
(5)
Development Information Staff.
CHAPTER
4
Attached Agencies
Sec. 16. Retained Agencies. — The following
agencies, currently attached to the Authority, shall continue to be so
attached for purposes of supervision;
(1)
Philippine Institute for Development Studies:
(2) Philippine
National Volunteer Service
Coordinating Agency; and
(3) Tariff
Commission.
The Authority shall arrange for the transfer of the functions of the
following agencies to the Regional Development Councils concerned or
other agencies as may be appropriate:
(1)
Kalinga Special Development Region;
(2) Laguna
Lake Development Authority;
(3) Leyte
Sab-A Basin Development Authority.
The National Council for Integrated Area Development (NACIAD) and the
Central Visayas Regional Projects Office (CVRPO) are hereby transferred
to the Authority which shall, within one (1) year from the date of
effectivity of this Code, recommend their transfer to the appropriate
department in conjunction with the Department of Budget and Management.
The Authority shall further review the functions and activities of all
other Integrated Area Development programs and projects and any other
programs requiring multi-sectoral and/or multi-disciplinary approaches
in order to recommend the appropriate disposition and supervision of
the same.
The Authority shall furthermore review the mandate, objectives and
functions of all development authorities in order to recommend such
dispositions or revisions of their charters, as may be deemed
advisable.
BOOK
VI
National Government Budgeting
CHAPTER 1
General Provisions
Section 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.
(2) The Congress may not increase the appropriations
recommended by the President for the operation of the Government as
specified in the budget. The form, content and manner of preparation of
the budget shall be prescribed by law.
(3) No provision or enactment shall be embraced in
the general appropriations bill unless it relates specifically to some
particular appropriation to which it relates.
(4) The procedures in approving appropriations for
the Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.
(5) A special appropriations bill shall specify the
purpose for which it is intended, and shall be supported by funds
actually available as certified by the National Treasurer or to be
raised by a corresponding revenue proposal therein.
(6) No law shall be passed authorizing any transfer
of appropriations. However, the President, the President of the Senate,
the Speaker of the House of Representatives, the Chief Justice of the
Supreme Court and the heads of Constitutional Commissions may, by law,
be authorized to augment any item in the general appropriations laws
for their respective offices from savings in other items of their
respective appropriations.
(7) Discretionary funds appropriated for particular
official shall be disbursed only for public purposes to be supported by
appropriate vouchers and subject to such guidelines as may be
prescribed by law.
(8) If, by the end of any fiscal year, the Congress
shall have failed to pass the general appropriations bill for the
ensuing fiscal year, the general appropriations law for the preceding
fiscal year shall be deemed reenacted and shall remain in force and
effect until the general appropriations bill is passed by the Congress.
(9) Fiscal autonomy shall be enjoyed by the
Judiciary, Constitutional Commissions, Office of the Ombudsman, Local
Government and Commission on Human Rights.
Sec. 2. Definition of Terms. — When used in this
Book:
(1)
“Appropriation” refers to an authorization made
by law or other legislative enactment, directing payment out of
government funds under specified conditions or for specified purposes.
(2)
“Allotment” refers to an authorization issued by
the Department of the Budget to an agency, which allows it to incur
obligation for specified amounts contained in a legislative
appropriation.
(3) “Budget”
refers to a financial plan required to
be prepared pursuant to Section 16 (1) , Article VIII of the
Constitution, reflective of national objectives, strategies and
programs.
(4) “Current
operating expenditures” refers to
appropriations for the purchase of goods and services for current
consumption or for benefits expected to terminate within the fiscal
year.
(5) “Capital
outlay” or “capital expenditures” refers
to an appropriation for the purchase of goods and services, the
benefits of which extend beyond the fiscal year and which add to the
assets of the Government, including investments in the capital of
government-owned or controlled corporations and their subsidiaries.
(6)
“Continuing appropriation” refers to an
appropriation available to support obligations for a specified purpose
or project, even when these obligations are incurred beyond the budget
year.
(7) “Expected
result” means service, product, or
benefit that will accrue to the public, estimated in terms of
performance measures or targets.
(8) “Fiscal
year” refers to the period beginning with
the first day of January and ending with the thirty-first day of
December of each calendar year.
(9) The
“Government” means the National Government,
including the Executive, the Legislative and the Judicial Branches, and
the Constitutional Commissions.
(10)
“Department and agency” and “department or
agency” include all departments, bureaus, offices, boards, commissions,
courts, tribunals, councils, authorities, administrations, centers,
institutes, state colleges and universities, and all other
establishments and instrumentalities of the National Government as
defined in the preceding paragraph.
(11)
“Obligation” refers to an amount committed to be
paid by the Government for any lawful act made by an authorized officer
for and in behalf of the Government.
(12) “Program”
refers to the functions and activities
necessary for the performance of a major purpose for which a government
agency is established.
(13) “Project”
means a component of a program
covering a homogenous group of activities that results in the
accomplishment of an identifiable output.
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.
Sec. 4. Planning and Budgeting Linkage. — The
budget shall be formulated as an instrument for the attainment of
national development goals and as part of the
planning-programming-budgeting continuum. Levels of revenue,
expenditure and debt shall be established in relation to macro-economic
targets of growth, employment levels, and price level change, and shall
be developed consistent with domestic and foreign debt, domestic credit
and balance of payments objectives for the budget period. The aggregate
magnitudes of the budget shall be determined in close consultation
among the planning and fiscal agencies of government. Budgetary
priorities shall be those specified in the approved national plans,
keeping in mind the capability and performance of the implementing
agencies concerned. Agency budget proposals shall explicitly state
linkage to approved agency plans.
Sec. 5. National Resource Budget. — The finances
of government shall be analyzed and determined as the aggregate of
revenue, expenditure and debt of all units of government, including the
national government and its agencies and instrumentalities, local
government units and government-owned or controlled corporations. The
national government budget shall be evolved within the framework of the
total impact of government activity on the national economy. The
budgets of government corporations and local governments shall be
consistent in form and timing with that of the national government, to
facilitate comprehensive evaluation.
Sec. 6. Regional Budgeting. — The budgets of
national government agencies shall take into full and explicit
consideration the goals, plans and requirements of their respective
regional offices, in the interest of full government response to local
thinking and initiative. The budget preparation process shall originate
at regional and local levels, and shall be consolidated and reviewed by
the central offices of the various national agencies. The regional
development strategies and plans, including physical framework and
resource-use plans, shall be considered in the preparation of the
budget.
Sec. 7. Long Term Budgeting. — The annual budgets
of the national government shall be prepared as an integral part of a
long-term budget picture. The long-term economic and physical framework
plans of government, multi-year requirements of approved programs and
projects, organizational and personnel development strategies, and
other commitments entered into or otherwise assumed by government shall
be specified in the budget process.
Sec. 8. Development Projects. — The development
process requires the implementation of major development projects of
such size as to significantly affect the infrastructure program, debt
ceilings, the balance of payments, domestic credit, and government
expenditure levels. The budget process shall formally consider the
timing of major national projects, in order to ensure the observance of
established fiscal, monetary, international payments, and other
constraints.
Sec. 9. Performance and Financial Review. — The
analysis of agency operating performance, the evaluation of
performance, the evaluation of performance relative to costs incurred
and the review of agency operating systems and procedures are inherent
parts of the budget process. Agencies shall therefore design and
implement (1) management information systems yielding both performance
and financial information which will adequately monitor and control
budget implementation, and (2) improvements in operating systems,
procedures and practices, so as to ensure that the targets approved in
budget authorization are in fact attained at minimum cost.
Sec. 10. Compensation and Position Classification.
— The size of personnel services expenditures relative to the total
budget and the number of agencies and personnel in government call for
an effective national compensation and position classification policy.
The Constitutional principle of a single compensation scheme for the
government and its instrumentalities is one of the bases of the
government budget process.
CHAPTER
3
Budget Preparation
Sec. 11. Submission of the Budget. — The President
shall, in accordance with Sec. 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.
The President shall include in the budget submission the proposed
expenditure level of the Legislative and Judicial Branches and of
Constitutional bodies, which shall have undergone the same process of
evaluation and which shall have been subject to the same budgetary
policies and standards applicable to agencies in the Executive Branch.
The President may transmit to the Congress from time to time, such
proposed supplemental or deficiency appropriations as are, in his
judgment, (1) necessary on account of laws enacted after the
transmission of the Budget, or (2) otherwise needed in the public
interest.
Sec. 12. Form and Content of the Budget. — The
budget proposal of the President shall include current operating
expenditures and capital outlays. It shall comprise such funds as may
be necessary for the operation of the programs, projects and activities
of the various departments and agencies. The proposed General
Appropriations Act and other Appropriations Acts necessary to cover the
budget proposals shall be submitted to the Congress to accompany the
President’s budget submission.
The budget shall be presented to the Congress in such form and content
as may be approved by the President and may include the following:
(1)
A budget message setting forth in brief the
government’s budgetary thrusts for the budget year, including their
impact on development goals, monetary and fiscal objectives, and
generally on the implications of the revenue, expenditure and
debt-proposals; and
(2) Summary
financial statements setting forth:
(a)
Estimated expenditures and proposed
appropriations necessary for the support of the Government for the
ensuing fiscal year, including those financed from operating revenues
and from domestic and foreign borrowings;
(b) Estimated
receipts during the ensuing fiscal year
under laws existing at the time the budget is transmitted and under the
revenue proposals, if any, forming part of the year’s financing
program;
(c) Actual
appropriations, expenditures, and receipts
during the last completed fiscal year;
(d) Estimated
expenditures and receipts and actual or
proposed appropriations during the fiscal year in progress;
(e) Statements
of the condition of the National
Treasury at the end of the last completed fiscal year, the estimated
condition of the Treasury at the end of the fiscal year in progress and
the estimated condition of the Treasury at the end of the ensuing
fiscal year, taking into account the adoption of financial proposals
contained in the budget and showing, at the same time, the unencumbered
and unobligated cash resources;
(f) Essential
facts regarding the bonded and other
long-term obligations and indebtedness of the Government, both domestic
and foreign, including identification of recipients of loan proceeds;
and
(g) Such other
financial statements and data as are
deemed necessary or desirable in order to make known in reasonable
detail the financial condition of the government.
Sec. 13. Budget Levels. — The ordinary income of
government shall be used primarily to provide appropriations for
current operations, except in case of a national emergency or serious
financial stress, the existence of which has been duly proclaimed by
the President.
The level of aggregate revenue expenditure and debt shall be jointly
recommended to the President by the Department of Budget and
Management, the Department of Finance, the National Economic and
Development Authority and the Central Bank of the Philippines, acting
within the Development Budget Coordination Committee of the National
Economic and Development Authority.
No appropriations for current operations and capital outlays of the
Government shall be proposed unless the amount involved is covered by
the ordinary income, or unless it is supported by a proposal creating
additional sources of funds or revenue, including those generated from
domestic and foreign borrowings, sufficient to cover the same.
Likewise, no appropriation for any expenditure, the amount of which is
not covered by the estimated income from the existing sources of
revenue or available current surplus, may be proposed, unless it is
supported by a proposal creating an additional source of funds
sufficient to cover the same.
Proposals creating additional sources of funds shall be prepared in the
form of revenue bills.
The provisions of this section shall not be construed as impairing in
any way the power of the Congress to enact revenue and appropriation
bills, nor the authority of the President to propose special revenue
and appropriation bills after the submission of the budget.
Sec. 14. Budget Estimates. — Each head of
department, office or agency of the National Government, including the
Legislative and Judicial Branches, and including government owned or
controlled corporations, shall submit his request for appropriations to
the Department of Budget in accordance with the budget calendar,
format, and such rules and regulations as may be issued in
implementation of this Decree.
The budget estimates of agencies shall include the following
information:
(1)
Objectives, functions, activities, programs and
projects showing the general character and relative importance of the
work to be accomplished or the services to be rendered, and the
principal elements of cost involved;
(2) Linkage of
the work and financial proposals to
approved development plans;
(3) Estimated
current operating expenditures and
capital outlays, with comparative data for the preceding and current
budget years;
(4)
Identification by region, pursuant to policies on
the regionalization of government operations;
(5) Financial
sources, reflecting all revenues,
proceeds of foreign and domestic borrowings, and other sources,
particularly those which accrue to the General Funds;
(6) Contingent
liabilities, including national
government guarantees of obligations of government-owned or controlled
corporations and their subsidiaries;
(7) Brief
description of the major thrusts and
priority programs and projects for the budget year, results expected
for each budgetary program and project, the nature of work to be
performed, estimated costs per unit of work measurement, including the
various objects of expenditure for each project;
(8)
Organization charts and staffing patterns
indicating the list of existing and proposed positions with
corresponding salaries, and proposals for position classification and
salary changes, duly supported by adequate justification.
Sec. 15. Regional Budget. — The Budgets of
national government agencies shall be prepared taking into full and
careful consideration the opportunities and requirements specific to
the various regions of the country. Where they are organized, regional
offices shall originate agency budget proposals, in accordance with
approved priorities and guidelines.
Agencies which are not regionalized shall nonetheless estimate the
amounts planned to be spent for each region of the country.
The Secretary shall identify by region the expenditure programs of the
national government agencies in the national government budget, and
release funds to national government agencies in accordance with the
approved regional distribution of expenditures, specifying the region
of destination.
Departments and agencies shall sub-allot in full and without the
imposition of reserves, the approved budget allocation of their various
regional offices, except as may be authorized by the Secretary, in case
realignment of expenditures prove to be necessary in the course of
budget execution. The Secretary shall issue the rules and regulations
needed to implement the provisions of this section.
Sec. 16. Budget Evaluation. — Agency proposals
shall be reviewed on the basis of their own merits and not on the basis
of a given percentage or peso increase or decrease from a prior year’s
budget level, or other similar rule of thumb that is not based on
specific justification. Proposed activities, whether new or ongoing,
shall be evaluated using a zero-base approach and on the basis of (1)
relationship with the approved development plan, (2) agency capability
as demonstrated by past performance, (3) complemental role with related
activities of other agencies, and (4) other similar criteria. The
realization of savings in a given budget year and the consequent
non-utilization of funds appropriated or released to a given agency
shall not be a negative factor in the budget evaluation for a
subsequent year.
Sec. 17. Foreign-Assisted Projects. — The
budgetary implications of foreign-assisted projects shall be explicitly
considered at the time of project design and financing negotiation. The
project study shall specify the cash flow requirements of the project,
among others, for (1) payment of principal and interest, (2) peso
component of capital costs and project preparation, (3) infrastructure
and support facilities needed to be directly financed by government,
(4) operating and other expenditures which will be ultimately required
for General Fund support when the project is implemented, and (5) peso
requirements needed as counterpart. The concurrence of the Department
of Budget and Management shall be obtained with respect to peso
requirements and implication on expenditure ceilings.
Sec. 18. Coordinating Bodies. — The budgets of
coordinating agencies, councils, task forces, authorities, committees,
or other similar bodies shall be limited to and used to fund only such
planning, coordinating and monitoring functions as are assigned to it.
Funds for implementation shall be budgeted and released to the line
implementing agencies concerned; provided, that the budgets of
coordinating bodies may include a lump-sum for purposes related to
their assigned functions, which lump-sum shall be sub-allotted to
implementing agencies and not used by the agency for its own
operations: provided, further, that funds budgeted for a given agency
falling within the jurisdiction of a coordinating body, may be subject
to release upon approval by the coordinating agency of such release or
of the agency’s work program.
Sec. 19. Budgetary Requirements of
Government-Owned or Controlled Corporations. — The internal operating
budgets of government-owned or controlled corporations and of chartered
institutions shall be approved by their respective governing boards in
accordance with a budget calendar and format as may be approved by the
President: Provided, that such budgets shall be subject to review and
approval as part of the budget process in cases where national
government budgetary support is needed, in terms of (a) capital or
equity inputs, (b) operating contributions to support specific
activities undertaken by the institution as part of its regular
functions, and (c) guarantee of the national government for obligations
or contracts entered into by the corporations: provided, further, that
the submission of interim financial statements may be required by the
Secretary.
Sec. 20. Tax and Duty Exemptions. — All units of
government, including government-owned or controlled corporations,
shall pay income taxes, customs duties and other taxes and fees as are
imposed under revenue law: provided, that organizations otherwise
exempted by law for the payment of such taxes/duties may ask for a
subsidy from the General Fund in the exact amount of taxes/duties due:
Provided, further, that a procedure shall be established by the
Secretary of Finance and the Secretary of the Budget, whereby such
subsidies shall automatically be considered as both revenue and
expenditure of the General Fund.
Sec. 21. Appropriation for Personal Services. —
Appropriations for personal services shall be considered as included in
the amount specified for each budgetary program and project of each
department, Bureau, office or agency, and shall not be itemized. The
itemization of personal services shall be prepared by the Secretary for
consideration and approval of the President as provided in Sec. 23
hereof: Provided, That itemization of personal services shall be
prepared for all agencies of the Legislative, Executive and Judicial
Branches and the Constitutional bodies, except as may be otherwise
approved by the President for positions concerned with national
security matters.
Sec. 22. Department Approval of Proposed
Appropriations. — No legislative proposal which, if enacted, would
authorized subsequent appropriations, shall be transmitted to the
President by any bureau or agency without the prior approval of the
Head of the Department concerned or by the Chairman or Chief Executive
Officer of a Cabinet level body which coordinates the multi-sectoral
formulation and implementation of a particular program of expenditure
involving one or more departments. No legislative proposal involving
the appropriation of funds shall be transmitted to the Congress without
the approval of the President.
CHAPTER
4
Budget Authorization
Sec. 23. Content of the General Appropriations
Act. — The General Appropriations Act shall be presented in the form of
budgetary programs and projects for each agency of the government, with
the corresponding appropriations for each program and project,
including statutory provisions of specific agency or general
applicability. The General Appropriations Act shall not contain any
itemization of personal services, which shall be prepared by the
Secretary after enactment of the General Appropriations Act, for
consideration and approval of the President.
Sec. 24. Prohibition Against the Increase of
Appropriation. — The Congress shall in no case increase the
appropriation of any project or program of any department, bureau,
agency or office of the Government over the amount submitted by the
President in his budget proposal. In case of any reduction in the
proposed appropriation for a project or program, a corresponding
reduction shall be made in the total appropriation of the department,
office or agency concerned and in the total of the General
Appropriations Bill.
Sec. 25. Prohibition Against Enactment of
Additional Special Provisions. — The Congress shall not add special
provisions in the budget earmarking the use of appropriations for
specific programs or activities nor shall it increase the amounts
specified in special provisions beyond those proposed by the President.
Sec. 26. Automatic Appropriations. — All
expenditures for (1) personnel retirement premiums, government service
insurance, and other similar fixed expenditures, (2) principal and
interest on public debt, (3) national government guarantees of
obligations which are drawn upon, are automatically appropriated:
provided, that no obligations shall be incurred or payments made from
funds thus automatically appropriated except as issued in the form of
regular budgetary allotments.
Sec. 27. Supplemental Appropriations. — All
appropriation proposals shall be included and considered in the budget
preparation process. After the President shall have submitted the
Budget, no supplemental appropriation measure supported from existing
revenue measures shall be passed by the Congress. However, supplemental
or deficiency appropriations involving the creation of new offices,
programs or activities may be enacted if accompanied and supported by
new revenue sources.
Sec. 28. Reversion of Unexpended Balances of
Appropriations, Continuing Appropriations. — Unexpended balances of
appropriations authorized in the General Appropriation Act shall revert
to the unappropriated surplus of the General Fund at the end of the
fiscal year and shall not thereafter be available for expenditure
except by subsequent legislative enactment: Provided, that
appropriations for capital outlays shall remain valid until fully spent
or reverted: provided, further, that continuing appropriations for
current operating expenditures may be specifically recommended and
approved as such in support of projects whose effective implementation
calls for multi-year expenditure commitments: provided, finally, that
the President may authorize the use of savings realized by an agency
during given year to meet non-recurring expenditures in a subsequent
year.
The balances of continuing appropriations shall be reviewed as part of
the annual budget preparation process and the preparation process and
the President may approve upon recommendation of the Secretary, the
reversion of funds no longer needed in connection with the activities
funded by said continuing appropriations.
Sec. 29. Loan Proceeds. — Expenditures funded by
foreign and domestic borrowings shall be included within the
expenditure program of the agency concerned. Loan proceeds, whether in
cash or in kind, shall not be used without the corresponding release of
funds through a Special Budget as herein provided.
Sec. 30. Contingent Liabilities. — Government
agencies, particularly government-owned or controlled corporations,
shall periodically report to the Secretary of Finance and the Secretary
of Budget on the status of obligations they have entered into and which
are the subject of government guarantees.
Sec. 31. Liability for Unauthorized Printing Press
Revisions. — It shall be unlawful for any person to make any
unauthorized revision of any figure, text or provision in the General
Appropriations Act and in the other budget documents during or in the
process of the printing. Any unauthorized change made either by
addition, modification or deletion, shall be null and void.
Persons who, in violation of this section, make any unauthorized
revision in the budget documents, shall be criminally liable for
falsification of legislative documents under the Revised Penal Code.
When the offender is a government official or employee, he shall, in
addition to criminal prosecution, be dismissed from the service.
CHAPTER
5
Budget Execution
Sec. 32. Use of Appropriated Funds. — All moneys
appropriated for functions, activities, projects and programs shall be
available solely for the specific purposes for which these are
appropriated.
Sec. 33. Allotment of Appropriations. — Authorized
appropriations shall be allotted in accordance with the procedure
outlined hereunder:
(1)
Appropriations authorized for any Department or
agency of the Government may be made available for expenditure when the
head of each Department or agency submits to the Secretary a request
for allotment of funds showing the estimated amounts needed for each
function, activity or purpose for which the funds are to be expended
during the applicable allotment period. The form and the time of
submission of the request for allotment showing the proposed quarterly
allotments of the whole authorized appropriation for the department or
agency, shall be prescribed by the Secretary.
(2) In the
administration of the allotment system
herein provided, each calendar year shall be divided into four
quarterly allotment periods beginning, respectively, on the first day
of January, April, July and October. In any case where the quarterly
allotment period is found to be impractical or otherwise undesirable,
the Secretary may prescribe a different period suited to the
circumstances.
(3) Request
for allotment shall be approved by the
Secretary who shall ensure that expenditures are covered by
appropriations both as to amount and purpose and who shall consider the
probable needs of the department or agency for the remainder of the
fiscal year or period for which the appropriation was made.
(4) At the end
of every quarter, each department or
agency shall report to the Secretary the current status of its
appropriations, the cumulative allotments, obligations incurred or
liquidated, total disbursements, unliquidated obligations and
unexpended balances and the results of expended appropriations.
(5) Releases
of funds appropriated for a given agency
may be made to its regional offices if dictated by the need and urgency
of regional activities.
(6) The
Secretary shall have authority to modify or
amend any allotment previously issued. In case he shall find at any
time that the probable receipts from taxes or other sources of any fund
will be less than anticipated and that as a consequence the amount
available for the remainder of the term of the appropriations or for
any allotment period will be less than the amount estimated or allotted
therefor, he shall, with the approval of the President and after notice
to the department or agency concerned, reduce the amount or amounts
allotted so as to conform to the targeted budgetary goals.
(7) The
Secretary shall maintain a control record
showing quarterly by funds, accounts, and other suitable
classifications, the amounts appropriated; the estimated revenues, the
actual revenues or receipts, the amounts allotted and available for
expenditures, the unliquidated obligations, actual balances on hand,
and the unencumbered balance of the allotments for each department or
agency of the Government.
Sec. 34. Program of Expenditure. — The Secretary
of Budget shall recommend to the President the year’s program of
expenditure for each agency of the government on the basis of
authorized appropriations. The approved expenditure program shall
constitute the basis for fund release during the fiscal period, subject
to such policies, rules and regulations as may be approved by the
President.
Sec. 35. Special Budgets for Lump-Sum
Appropriations. — Expenditures from lump-sum appropriations authorized
for any purpose or for any department, office or agency in any annual
General Appropriations Act or other Act and from any fund of the
National Government, shall be made in accordance with a special budget
to be approved by the President, which shall include but shall not be
limited to the number of each kind of position, the designations, and
the annual salary proposed for which an appropriation is intended. This
provision shall be applicable to all revolving funds, receipts which
are automatically made available for expenditure for certain specific
purposes, aids and donations for carrying out certain activities, or
deposits made to cover to cost of special services to be rendered to
private parties. Unless otherwise expressly provided by law, when any
Board, head of department, chief of bureau or office, or any other
official, is authorized to appropriate, allot, distribute or spend any
lump-sum appropriation or special, bond, trust, and other funds, such
authority shall be subject to the provisions of this section.
In case of any lump-sum appropriation for salaries and wages of
temporary and emergency laborers and employees, including contractual
personnel, provided in any General Appropriation Act or other Acts, the
expenditure of such appropriation shall be limited to the employment of
persons paid by the month, by the day, or by the hour.
Sec. 36. Cash Budgets. — An operational cash
budget shall be implemented to ensure the availability of cash
resources for priority development projects and to establish a sound
basis for determining the level, type and timing of public borrowings.
The procedure, formal, accounts, and other details necessary for the
execution, monitoring and control aspects of the system shall be
determined jointly by the Secretary of Finance, the Secretary of the
Budget and the Chairman of the Commission on Audit.
Sec. 37. Creation of Appropriation Reserves. — The
Secretary may establish reserves against appropriations to provide for
contingencies and emergencies which may arise later in the calendar
year and which would otherwise require deficiency appropriations.
The establishment of appropriation reserves shall not necessarily mean
that such portion of the appropriation will not be made available for
expenditure. Should conditions change during the fiscal year justifying
the use of the reserve, necessary adjudgments may be made by the
Secretary when requested by the department, official or agency
concerned.
Sec. 38. Suspension of Expenditure of
Appropriations. — Except as otherwise provided in the General
Appropriations Act and whenever in his judgment the public interest so
requires, the President, upon notice to the head of office concerned,
is authorized to suspend or otherwise stop further expenditure of funds
allotted for any agency, or any other expenditure authorized in the
General Appropriations Act, except for personal services appropriations
used for permanent officials and employees.
Sec. 39. Authority to Use Savings in
Appropriations to Cover Deficits. — Except as otherwise provided in the
General Appropriations Act, any savings in the regular appropriations
authorized in the General Appropriations Act for programs and projects
of any department, office or agency, may, with the approval of the
President, be used to cover a deficit in any other item of the regular
appropriations: provided, that the creation of new positions or
increase of salaries shall not be allowed to be funded from budgetary
savings except when specifically authorized by law: provided, further,
that whenever authorized positions are transferred from one program or
project to another within the same department, office or agency, the
corresponding amounts appropriated for personal services are also
deemed transferred, without, however increasing the total outlay for
personal services of the department, office or agency concerned.
Sec. 40. Certification of Availability of Funds. —
No funds shall be disbursed, and no expenditures or obligations
chargeable against any authorized allotment shall be incurred or
authorized in any department, office or agency without first securing
the certification of its Chief Accountant or head of accounting unit as
to the availability of funds and the allotment to which the expenditure
or obligation may be properly charged.
No obligation shall be certified to accounts payable unless the
obligation is founded on a valid claim that is properly supported by
sufficient evidence and unless there is proper authority for its
incurrence. Any certification for a non-existent or fictitious
obligation and/or creditor shall be considered void. The certifying
official shall be dismissed from the service, without prejudice to
criminal prosecution under the provisions of the Revised Penal Code.
Any payment made under such certification shall be illegal and every
official authorizing or making such payment, or taking part therein or
receiving such payment, shall be jointly and severally liable to the
government for the full amount so paid or received.
Sec. 41. Prohibition Against the Incurrence of
Overdraft. — Heads of departments, bureaus, offices and agencies shall
not incur nor authorize the incurrence of expenditures or obligations
in excess of allotments released by the Secretary for their respective
departments, offices and agencies. Parties responsible for the
incurrence of overdrafts shall be held personally liable therefor.
Sec. 42. Adjustment of Appropriations for
Reorganization. — When under authority of law, a function or an
activity is transferred or assigned from one agency to another, the
balances of appropriations which are determined by the head of such
department to be available and necessary to finance or discharge the
function or activity so transferred or assigned may, with the approval
of the President, be transferred to and be made available for use by
the agency to which said function or activity is transferred or
assigned for the purpose for which said funds were originally
available. Balances so transferred shall be credited to any applicable
existing appropriation account or to new appropriation accounts which
are hereby authorized to be established, and shall be merged with any
fund already in the applicable existing or newly established
appropriation account or accounts and thereafter accounted for as one
fund.
The funding requirement of agencies reorganized in accordance with
approved reorganization plans or reorganized pursuant to law enacted
after the approval of the General Appropriations Act, are deemed
appropriated and shall be available for expenditure as soon as the
reorganization plans are approved. The Secretary of Budget is hereby
authorized to make necessary adjustments in the appropriations to carry
out the provisions of this section. The department head concerned, with
the approval of the Secretary of Budget, is hereby authorized to make
necessary salary adjustments resulting from final selection of
personnel to fill the positions in the staffing patterns of reorganized
agencies, to make necessary salary adjustments resulting from new
appointments, promotions or salary increases, subject to the provisions
of Presidential Decree No. 985.
Sec. 43. Liability for Illegal Expenditures. —
Every expenditure or obligation authorized or incurred in violation of
the provisions of this Code or of the general and special provisions
contained in the annual General or other Appropriations Act shall be
void. Every payment made in violation of said provisions shall be
illegal and every official or employee authorizing or making such
payment, or taking part therein, and every person receiving such
payment shall be jointly and severally liable to the Government for the
full amount so paid or received.
Any official or employee of the Government knowingly incurring any
obligation, or authorizing any expenditure in violation of the
provisions herein, or taking part therein, shall be dismissed from the
service, after due notice and hearing by the duly authorized appointing
official. If the appointing official is other than the President and
should he fail to remove such official or employee, the President may
exercise the power of removal.
Sec. 44. Accrual of Income to Unappropriated
Surplus of the General Fund. — Unless otherwise specifically provided
by law, all income accruing to the departments, offices and agencies by
virtue of the provisions of existing laws, orders and regulations shall
be deposited in the National Treasury or in the duly authorized
depository of the Government and shall accrue to the unappropriated
surplus of the General Fund of the Government: Provided, That amounts
received in trust and from business-type activities of government may
be separately recorded and disbursed in accordance with such rules and
regulations as may be determined by the Permanent Committee created
under this Act.
Sec. 45. Special, Fiduciary and Trust Funds. —
Receipts shall be recorded as income of Special, Fiduciary or Trust
Funds or Funds other than the General Fund, only when authorized by law
and following such rules and regulations as may be issued by a
Permanent Committee consisting of the Secretary of Finance as Chairman,
and the Secretary of the Budget and the Chairman, Commission on Audit,
as members. The same Committee shall likewise monitor and evaluate the
activities and balances of all Funds of the national government other
than the General fund and may recommend for the consideration and
approval of the President, the reversion to the General fund of such
amounts as are (1) no longer necessary for the attainment of the
purposes for which said Funds were established, (2) needed by the
General fund in times of emergency, or (3) violative of the rules and
regulations adopted by the Committee: provided, that the conditions
originally agreed upon at the time the funds were received shall be
observed in case of gifts or donations or other payments made by
private parties for specific purposes.
Sec. 46. Service Fees and Honoraria. — Agencies
are authorized to charge fees, including honoraria and other reasonable
allowances, as compensation for consultation, seminars or training
programs, or technical services rendered to other government agencies
or private parties. Such fees or honoraria shall be recorded as income
of the government and subject to the usual accounting, auditing and
other pertinent requirements.
Sec. 47. Administration of Lump Sum Funds. — The
Department of Budget shall administer the Lump-Sum Funds appropriated
in the General Appropriations Act, except as otherwise specified
therein, including the issuance of Treasury Warrants covering payments
to implementing agencies or other creditors, as may be authorized by
the President.
Sec. 48. Cost Reduction. — Each head of a
department bureau, office or agency shall implement a cost reduction
program for his department bureau, office or agency for the purpose of
reducing cost of operations and shall submit to the President reports
on the results of the implementation thereof. The Department of Budget
shall provide technical and other necessary assistance in the design
and implementation of cost reduction activities. An incentive award not
exceeding one month’s salary may be granted to any official or employee
whose suggestion for cost reduction has been adopted and shall have
actually resulted in cost reduction, payable from the saving resulting
therefrom.
Sec. 49. Authority to Use Savings for Certain
Purposes. — Savings in the appropriations provided in the General
Appropriations Act may be used for the settlement of the following
obligations incurred during a current fiscal year or previous fiscal
years as may be approved by Secretary in accordance with rules and
procedures as may be approved by the President:
(1)
Claims of officials, employees and laborers who
died or were injured in line of duty, including burial expenses as
authorized under existing law;
(2)
Commutation of terminal leaves of employees due
to retirement, resignation or separation from the service through no
fault of their own in accordance with the provisions of existing law,
including unpaid claims for commutation of maternity leave of absence;
(3) Payment of
retirement gratuities or separation
pay of employees separated from the service due to government
reorganization;
(4) Payment of
salaries of employees who have been
suspended or dismissed as a result of administrative or disciplinary
action, or separated from the service through no fault of their own and
who have been subsequently exonerated and reinstated by virtue of
decisions of competent authority;
(5) Cash
awards to deserving officials and employees
in accordance with civil service law;
(6) Salary
adjustments of officials and employees as
a result of classification action under, and implementation of, the
provisions of the Compensation and Position Classification Act,
including positions embraced under the Career Executive Service;
(7) Peso
support to any undertaking that may be
entered into by the government with international organizations,
including administrative and other incidental expenses;
(8) Covering
any deficiency in peso counterpart fund
commitments for foreign assisted projects, as may be approved by the
President;
(9) Priority
activities that will promote the
economic well being of the nation, including food production, agrarian
reform, energy development, disaster relief, and rehabilitation.
(10) Repair,
improvement and renovation of government
buildings and infrastructure and other capital assets damaged by
natural calamities;
(11) Expenses
in connection with official
participation in trade fairs, civic parades, celebrations, athletic
competitions and cultural activities, and payment of expenses for the
celebration of regular or special official holidays;
(12) Payment
of obligations of the government or any
of its departments or agencies as a result of final judgment of the
Courts; and
(13) Payment
of valid prior year’s obligations of
government agencies with any other government office or agency,
including government-owned or controlled corporations.
Sec. 50. Appointment of Budget Officers. — No
person shall be appointed as budget officer in any department, bureau,
office or agency unless he meets the qualification and training
requirements established by the Budget Commission as prerequisite to
appointment, in addition to other qualification requirements prescribed
by the Civil Service Commission for the position.
CHAPTER
6
Budget Accountability
Sec. 51. Evaluation of Agency Performance. — The
President, through the Secretary shall evaluate on a continuing basis
the quantitative and qualitative measures of agency performance as
reflected in the units of work measurement and other indicators of
agency performance, including the standard and actual costs per unit of
work.
Sec. 52. Budget Monitoring and Information System.
— The Secretary of Budget shall determine accounting and other items of
information, financial or otherwise, needed to monitor budget
performance and to assess effectiveness of agencies operations and
shall prescribe the forms, schedule of submission, and other components
of reporting systems, including the maintenance of subsidiary and other
recording which will enable agencies to accomplish and submit said
information requirements: provided, that the Commission on Audit shall,
in coordination with the Secretary of Budget, issue rules and
regulations that may be applicable when the reporting requirements
affect accounting functions of agencies: provided, further, that the
applicable rules and regulations shall be issued by the Commission on
Audit within a period of thirty (30) days after the Department of
Budget and Management prescribes the reporting requirements.
Sec. 53. Monitoring of Expenditures. —
Expenditures of national government agencies shall be recorded so as to
identify expenditures as classified into such categories as may be
determined by the Department of Budget and Management, including but
not limited to the following: (1) agency incurring the obligation, (2)
program, project and activity, (3) object of expenditure, including
personal services, operating and maintenance expenditures, equipment,
and capital outlays, (4) region or locality of use, (5) economic or
functional classification of the expenditure, (6) obligational
authority and cash transactions arising from fund releases, and such
other classifications as may be necessary for the budget process. The
Secretary of Budget shall determine the data and information
requirements thus needed and the Commission on Audit shall formulate
the accounting rules and regulations, including changes in the Chart of
Accounts and the general or subsidiary accounting records, as may be
necessary to generate the desired data and information. The Chief
Accountants of agencies and where necessary, accountants of regional
offices, shall submit the data needed by the Department of Budget and
Management in accordance with such rules and regulations as it may
formulate.
Sec. 54. Standard Costs. — The Department of
Budget and Management shall develop standard costs for duly approved
units of work measurement for each agency’s budgetary projects or
activities. These standard costs shall be compared with actual unit
costs and utilized in the evaluation of agency budgetary performance.
Sec. 55. Review of Budgetary Programs. — The
Secretary of Budget shall conduct a continuing review of the budgetary
program and project structure of each department, office or agency, the
result of which shall be the basis for modifying or amending such
structure for incorporation in the President’s budget proposals to the
Congress.
Sec. 56. Semi-Annual Report on Accomplishments of
Government Agencies. — The heads of departments, bureaus, offices or
agencies of the government shall submit a semi-annual report of their
accomplishments, both work and financial results, in accordance with
such content and format as may be prescribed by the Secretary. These
reports shall be designed and use for the purpose of monitoring the
efficiency and effectiveness with which budgeted funds are being
utilized, and generally for verifying the attainment of goals
established in the budget process.
Sec. 57. Failure to Submit Reports. — Failure on
the part of agency heads, chief accountants, budget officers, cashiers,
disbursing officers, administrative and personnel officers, and
responsible officers of departments, bureaus, offices and agencies to
submit trial balances, work and financial plans, special Budgets,
reports of operation and income, plans, special budgets, reports of
operation and income, current agency plantilla of personnel and such
other reports as may be necessary and required by the Department of
Budget shall automatically cause the suspension of payment of their
salaries until they have complied with the requirements of the
Department of Budget. No appropriation authorized in the General
Appropriations Act shall be made available to pay the salary of any
official or employee who violates the provisions of this section, in
addition to any disciplinary action that may be instituted against such
erring official or employee.
CHAPTER
7
Expenditure of Appropriated
Funds
Sec. 58. Contracting of Activities. — Agencies may
enter into contracts with individuals or organizations, both public and
private, subject to provisions of law and applicable guidelines
approved by the President: provided, that contracts shall be for
specific services which cannot be provided by the regular staff of the
agency, shall be for a specific period of time, and shall have a
definite expected output: provided, further, that implementing,
monitoring and other regular and recurring agency activities shall not
be contracted for, except for personnel hired on an individual and
contractual basis and working as part of the organization, or as
otherwise may be approved by the President: Provided, finally, that the
cost of contracted services shall not exceed the amount that would
otherwise be incurred had the work been performed by regular employees
of government, except as may be authorized under this section.
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 he may prescribe. Such additional compensation shall be
paid from the appropriations of the office or agency benefitting from
the concurrent service.
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.
Sec. 61. Merit Increases. — The budgets of
national government agencies may provide 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Commission on Audit shall issue rules and regulations governing the
use, operation and maintenance of government motor transport equipment.
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.
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.
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.
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.
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.
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
Section 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.
Sec. 2. Definitions. — As used in this Book:
(1)
“Agency” includes any department, bureau, office,
commission, authority or officer of the National Government authorized
by law or executive order to make rules, issue licenses, grant rights
or privileges, and adjudicate cases; research institutions with respect
to licensing functions; government corporations with respect to
functions regulating private right, privileges, occupation or business;
and officials in the exercise of disciplinary power as provided by law.
(2) “Rule”
means any agency statement of general
applicability that implements or interprets a law, fixes and describes
the procedures in, or practice requirements of, an agency, including
its regulations. The term includes memoranda or statements concerning
the internal administration or management of an agency not affecting
the rights of, or procedure available to, the public.
(3) “Rate”
means any charge to the public for a
service open to all and upon the same terms, including individual or
joint rates, tolls, classifications, or schedules thereof, as well as
commutation, mileage, kilometerage and other special rates which shall
be imposed by law or regulation to be observed and followed by any
person.
(4) “Rule
making” means an agency process for the
formulation, amendment, or repeal of a rule.
(5) “Contested
case” means any proceeding, including
licensing, in which the legal rights, duties or privileges asserted by
specific parties as required by the Constitution or by law are to be
determined after hearing.
(6) “Person”
includes an individual, partnership,
corporation, association, public or private organization of any
character other than an agency.
(7) “Party”
includes a person or agency named or
admitted as a party, or properly seeking and entitled as of right to be
admitted as a party, in any agency proceeding; but nothing herein shall
be construed to prevent an agency from admitting any person or agency
as a party for limited purposes.
(8) “Decision”
means the whole or any part of the
final disposition, not of an interlocutory character, whether
affirmative, negative, or injunctive in form, of an agency in any
matter, including licensing, rate fixing and granting of rights and
privileges.
(9)
“Adjudication” means an agency process for the
formulation of a final order.
(10) “License”
includes the whole or any part of any
agency permit, certificate, passport, clearance, approval,
registration, charter, membership, statutory exemption or other form of
permission, or regulation of the exercise of a right or privilege.
(11)
“Licensing” includes agency process involving
the grant, renewal, denial, revocation, suspension, annulment,
withdrawal, limitation, amendment, modification or conditioning of a
license.
(12)
“Sanction” includes the whole or part of a
prohibition, limitation or other condition affecting the liberty of any
person; the withholding of relief; the imposition of penalty or fine;
the destruction, taking, seizure or withholding of property; the
assessment of damages, reimbursement, restitution, compensation, cost,
charges or fees; the revocation or suspension of license; or the taking
of other compulsory or restrictive action.
(13) “Relief”
includes the whole or part of any grant
of money, assistance, license, authority, privilege, exemption,
exception, or remedy; recognition of any claim, right, immunity,
privilege, exemption or exception; or taking of any action upon the
application or petition of any person.
(14) “Agency
proceeding” means any agency process
with respect to rule-making, adjudication and licensing.
(15) “Agency
action” includes the whole or part of
every agency rule, order, license, sanction, relief or its equivalent
or denial thereof.
CHAPTER
2
Rules 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.
(2) The records officer of the agency, or his
equivalent functionary, shall carry out the requirements of this
section under pain of disciplinary action.
(3) A permanent register of all rules shall be kept
by the issuing agency and shall be open to public inspection.
Sec. 4. Effectivity. — In addition to other
rule-making requirements provided by law not inconsistent with this
Book, each rule shall become effective fifteen (15) days from the date
of filing as above provided unless a different date is fixed by law, or
specified in the rule in cases of imminent danger to public health,
safety and welfare, the existence of which must be expressed in a
statement accompanying the rule. The agency shall take appropriate
measures to make emergency rules known to persons who may be affected
by them.
Sec. 5. Publication and Recording. — The
University of the Philippines Law Center shall:
(1)
Publish a quarter bulletin setting forth the text
of rules filed with it during the preceding quarter; and
(2) Keep an
up-to-date codification of all rules thus
published and remaining in effect, together with a complete index and
appropriate tables.
Sec. 6. Omission of Some Rules. — (1) The
University of the Philippines Law Center may omit from the bulletin or
the codification any rule if its publication would be unduly
cumbersome, expensive or otherwise inexpedient, but copies of that rule
shall be made available on application to the agency which adopted it,
and the bulletin shall contain a notice stating the general subject
matter of the omitted rule and new copies thereof may be obtained.
(2) Every rule establishing an offense or defining an
act which, pursuant to law, is punishable as a crime or subject to a
penalty shall in all cases be published in full text.
Sec. 7. Distribution of Bulletin and Codified
Rules. — The University of the Philippines Law Center shall furnish one
(1) free copy each of every issue of the bulletin and of the codified
rules or supplements to the Office of the President, Congress, all
appellate courts and the National Library. The bulletin and the
codified rules shall be made available free of charge to such public
officers or agencies as the Congress may select, and to other persons
at a price sufficient to cover publication and mailing or distribution
costs.
Sec. 8. Judicial Notice. — The court shall take
judicial notice of the certified copy of each rule duly filed or as
published in the bulletin or the codified rules.
Sec. 9. Public Participation. — (1) If not
otherwise required by law, an agency shall, as far as practicable,
publish or circulate notices of proposed rules and afford interested
parties the opportunity to submit their views prior to the adoption of
any rule.
(2) In the fixing of rates, no rule or final order
shall be valid unless the proposed rates shall have been published in a
newspaper of general circulation at least two (2) weeks before the
first hearing thereon.
(3) In case of opposition, the rules on contested
cases shall be observed.
CHAPTER
3
Adjudication
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.
Sec. 11. Notice and Hearing in Contested Cases. —
(1) In any contested case all parties shall be entitled to notice and
hearing. The notice shall be served at least five (5) days before the
date of the hearing and shall state the date, time and place of the
hearing.
(2) The parties shall be given opportunity to present
evidence and argument on all issues. If not precluded by law, informal
disposition may be made of any contested case by stipulation, agreed
settlement or default.
(3) The agency shall keep an official record of its
proceedings.
Sec. 12. Rules of Evidence. — In a contested case:
(1)
The agency may admit and give probative value to
evidence commonly accepted by reasonably prudent men in the conduct of
their affairs.
(2)
Documentary evidence may be received in the form
of copies or excerpts, if the original is not readily available. Upon
request, the parties shall be given opportunity to compare the copy
with the original. If the original is in the official custody of a
public officer, a certified copy thereof may be accepted.
(3) Every
party shall have the right to cross-examine
witnesses presented against him and to submit rebuttal evidence.
(4) The agency
may take notice of judicially
cognizable facts and of generally cognizable technical or scientific
facts within its specialized knowledge. The parties shall be notified
and afforded an opportunity to contest the facts so noticed.
Sec. 13. Subpoena. — In any contested case, the
agency shall have the power to require the attendance of witnesses or
the production of books, papers, documents and other pertinent data,
upon request of any party before or during the hearing upon showing of
general relevance. Unless otherwise provided by law, the agency may, in
case of disobedience, invoke the aid of the Regional Trial Court within
whose jurisdiction the contested case being heard falls. The Court may
punish contumacy or refusal as contempt.
Sec. 14. Decision. — Every decision rendered by
the agency in a contested case shall be in writing and shall state
clearly and distinctly the facts and the law on which it is based. The
agency shall decide each case within thirty (30) days following its
submission. The parties shall be notified of the decision personally or
by registered mail addressed to their counsel of record, if any, or to
them.
Sec. 15. Finality of Order. — The decision of the
agency shall become final and executory fifteen (15) days after the
receipt of a copy thereof by the party adversely affected unless within
that period an administrative appeal or judicial review, if proper, has
been perfected. One motion for reconsideration may be filed, which
shall suspend the running of the said period.
Sec. 16. Publication and Compilation of Decisions.
— (1) Every agency shall publish and make available for public
inspection all decisions or final orders in the adjudication of
contested cases.
(2) It shall be the duty of the records officer of
the agency or his equivalent functionary to prepare a register or
compilation of those decisions or final orders for use by the public.
Sec. 17. Licensing Procedure. — (1) When the
grant, renewal, denial or cancellation of a license is required to be
preceded by notice and hearing, the provisions concerning contested
cases shall apply insofar as practicable.
(2) Except in cases of willful violation of pertinent
laws, rules and regulations or when public security, health, or safety
require otherwise, no license may be withdrawn, suspended, revoked or
annulled without notice and hearing.
Sec. 18. Non-expiration of License. — Where the
licensee has made timely and sufficient application for the renewal of
a license with reference to any activity of a continuing nature, the
existing license shall not expire until the application shall have been
finally determined by the agency.
CHAPTER
4
Administrative Appeal in
Contested Cases
Sec. 19. Appeal. — Unless otherwise provided by
law or executive order, an appeal from a final decision of the agency
may be taken to the Department head.
Sec. 20. Perfection of Administrative Appeals. —
(1) Administrative appeals under this Chapter shall be perfected within
fifteen (15) days after receipt of a copy of the decision complained of
by the party adversely affected, by filing with the agency which
adjudicated the case a notice of appeal, serving copies thereof upon
the prevailing party and the appellate agency, and paying the required
fees.
(2) If a motion for reconsideration is denied, the
movant shall have the right to perfect his appeal during the remainder
of the period for appeal, reckoned from receipt of the resolution of
denial. If the decision is reversed on reconsideration, the aggrieved
party shall have fifteen (15) days from receipt of the resolution of
reversal within which to perfect his appeal.
(3) The agency shall, upon perfection of the appeal,
transmit the records of the case to the appellate agency.
Sec. 21. Effect of Appeal. — The appeal shall stay
the decision appealed from unless otherwise provided by law, or the
appellate agency directs execution pending appeal, as it may deem just,
considering the nature and circumstances of the case.
Sec. 22. Action on Appeal. — The appellate agency
shall review the records of the proceedings and may, on its own
initiative or upon motion, receive additional evidence.
Sec. 23. Finality of Decision of Appellate Agency.
— In any contested case, the decision of the appellate agency shall
become final and executory fifteen (15) days after the receipt by the
parties of a copy thereof.
Sec. 24. Hearing Officers. — (1) Each agency shall
have such number of qualified and competent members of the base as
hearing officers as may be necessary for the hearing and adjudication
of contested cases.
(2) No hearing officer shall engaged in the
performance of prosecuting functions in any contested case or any
factually related case.
Sec. 25. Judicial Review. — (1) Agency decisions
shall be subject to judicial review in accordance with this chapter and
applicable laws.
(2) Any party aggrieved or adversely affected by an
agency decision may seek judicial review.
(3) The action for judicial review may be brought
against the agency, or its officers, and all indispensable and
necessary parties as defined in the Rules of Court.
(4) Appeal from an agency decision shall be perfected
by filing with the agency within fifteen (15) days from receipt of a
copy thereof a notice of appeal, and with the reviewing court a
petition for review of the order. Copies of the petition shall be
served upon the agency and all parties of record. The petition shall
contain a concise statement of the issues involved and the grounds
relied upon for the review, and shall be accompanied with a true copy
of the order appealed from, together with copies of such material
portions of the records as are referred to therein and other supporting
papers. The petition shall be under oath and shall how, by stating the
specific material dates, that it was filed within the period fixed in
this chapter.
(5) The petition for review shall be perfected within
fifteen (15) days from receipt of the final administrative decision.
One (1) motion for reconsideration may be allowed. If the motion is
denied, the movant shall perfect his appeal during the remaining period
for appeal reckoned from receipt of the resolution of denial. If the
decision is reversed on reconsideration, the appellant shall have
fifteen (15) days from receipt of the resolution to perfect his appeal.
(6) The review proceeding shall be filed in the court
specified by statute or, in the absence thereof, in any court of
competent jurisdiction in accordance with the provisions on venue of
the Rules of Court.
(7) Review shall be made on the basis of the record
taken as a whole. The findings of fact of the agency when supported by
substantial evidence shall be final except when specifically provided
otherwise by law.
Sec. 26. Transmittal of Record. — Within fifteen
(15) days from the service of the petition for review, the agency shall
transmit to the court the original or a certified copy of the entire
records of the proceeding under review. The record to be transmitted
may be abridged by agreement of all parties to the proceedings. The
court may require or permit subsequent correction or additions to the
record.
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.
Sec. 28. Separability Clauses. — In the event that
any of the provisions of this Code is declared unconstitutional, the
validity of the other provisions shall not be affected by such
declaration.
Sec. 29. Effectivity. — This Code shall take
effect one year after its publication in the Official Gazette.
DONE in the City of Manila,
this 25th day of July, in the year of Our
Lord, nineteen hundred and eighty-seven.
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Since 19.07.98.