Administrative Code.docx

8/10/2019 Administrative Code.docx

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ECUTIVE ORDER NO. 292

TITUTING THE "ADMINISTRATIVE CODE OF 1987"

EREAS, the Administrative Code currently in force was first forged in 1917 when the relationshi !etween the eo le and theernment was defined !y the colonial order then revailing"

EREAS, efforts to achieve an integrative and over#all recodification of its rovisions resulted in the Administrative Code of$ which, however, was never u!lished and later e% ressly re ealed"

EREAS, the effectiveness of the &overnment will !e enhanced !y a new Administrative Code which incor orates in a unifiedument the ma'or structural, functional and rocedural rinci les and rules of governance" and

EREAS, a new Administrative Code will !e of o timum !enefit to the eo le and &overnment officers and em loyees as itodies changes in administrative structures and rocedures designed to serve the eo le"

*HERE+)RE, , C)RA-)( C. A/0 (), resident of the hili ines, !y virtue of the owers vested in me !y thestitution, do here!y romulgate the Administrative Code of 19$7, as follows2

RODUCTORY PROVISIONS

i ! 1. Title. # *his Act shall !e 3nown as the 4Administrative Code of 19$7.4

i ! 2. General Terms Defined. # 0nless the s ecific words of the te%t, or the conte%t as a whole, or a articular statute, shalluire a different meaning2

61 &overnment of the Re u!lic of the hili ines refers to the cor orate governmental entity through which thefunctions of government are e%ercised throughout the hili ines, including, save as the contrary a ears fromthe conte%t, the various arms through which olitical authority is made effective in the hili ines, whether

ertaining to the autonomous regions, the rovincial, city, munici al or !arangay su!divisions or other forms oflocal government.

68 (ational &overnment refers to the entire machinery of the central government, as distinguished from thedifferent forms of local governments.

6 :ocal &overnment refers to the olitical su!divisions esta!lished !y or in accordance with the Constitution.

6; Agency of the &overnment refers to any of the various units of the &overnment, including a de artment,!ureau, office, instrumentality, or government#owned or controlled cor orations, or a local government or adistinct unit therein.

6< (ational Agency refers to a unit of the (ational &overnment.

6= :ocal Agency refers to a local government or a distinct unit therein.

67 >e artment refers to an e%ecutive de artment created !y law. +or ur oses of ?oo3 @, this shall include anyinstrumentality, as herein defined, having or assigned the ran3 of a de artment, regardless of its name or


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designation.

6$ ?ureau refers to any rinci al su!division or unit of any de artment. +or ur oses of ?oo3 @, this shallinclude any rinci al su!division or unit of any instrumentality given or assigned the ran3 of a !ureau, regardlessof actual name or designation, as in the case of de artment#wide regional offices.

69 )ffice refers, within the framewor3 of governmental organi ation, to any ma'or functional unit of a de artmentor !ureau including regional offices. t may also refer to any osition held or occu ied !y individual ersons,whose functions are defined !y law or regulation.

61B nstrumentality refers to any agency of the (ational &overnment, not integrated within the de artmentframewor3 vested within s ecial functions or 'urisdiction !y law, endowed with some if not all cor orate owers,administering s ecial funds, and en'oying o erational autonomy, usually through a charter. *his term includesregulatory agencies, chartered institutions and government#owned or controlled cor orations.

611 Regulatory agency refers to any agency e% ressly vested with 'urisdiction to regulate, administer orad'udicate matters affecting su!stantial rights and interests of rivate ersons, the rinci al owers of which are

e%ercised !y a collective !ody, such as a commission, !oard or council.

618 Chartered institution refers to any agency organi ed or o erating under a s ecial charter, and vested !y lawwith functions relating to s ecific constitutional olicies or o!'ectives. *his term includes the state universities andcolleges and the monetary authority of the State.

61 &overnment#owned or controlled cor oration refers to any agency organi ed as a stoc3 or non#stoc3cor oration, vested with functions relating to u!lic needs whether governmental or ro rietary in nature, andowned !y the &overnment directly or through its instrumentalities either wholly, or, where a lica!le as in thecase of stoc3 cor orations, to the e%tent of at least fifty#one 6e artment of the ?udget, theCivil Service Commission, and the Commission on Audit for ur oses of the e%ercise and discharge of their

res ective owers, functions and res onsi!ilities with res ect to such cor orations.

61; 4)fficer4 as distinguished from 4cler34 or 4em loyee4, refers to a erson whose duties, not !eing of a clericalor manual nature, involves the e%ercise of discretion in the erformance of the functions of the government. Whenused with reference to a erson having authority to do a articular act or erform a articular function in thee%ercise of governmental ower, 4officer4 includes any government em loyee, agent or !ody having authority todo the act or e%ercise that function.

61< 4Em loyee4, when used with reference to a erson in the u!lic service, includes any erson in the service of the government or any of its agencies, divisions, su!divisions or instrumentalities.

O# I

VEREIGNTY AND GENERA$ ADMINISTRATION

APTER 1E NATIONA$ TERRITORY

i ! %. What Comprises National Territory. # *he national territory com rises the hili ine archi elago, with all the islandswaters em!raced therein, and all other territories over which the hili ines has sovereignty or 'urisdiction, consisting of its

estrial, fluvial, and aerial domains, including its territorial sea, the sea!ed, the su!soil, the insular shelves, and other


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61 *he flag of the hili ines shall !e red, white and !lue, with a sun and three stars, as consecrated andhonored !y the eo le and recogni ed !y law.

68 *he custody, ceremonial use, occasion and manner of dis lay, and the ro er care and dis osition of the flagshall !e governed !y a ro riate rules and regulations.

i ! 1%. (ational Anthem. # 0ntil otherwise rovided !y law, the musical arrangement and com osition of ulian +eli e isted as the national anthem. t shall !e sung or layed u on the o ening or start of all state cele!rations or gatherings and on

h other occasions as may !e rescri!ed !y a ro riate rules and regulations.

i ! 1&. %rms and Great Seal of the #epublic of the Philippines . #

61 *he Arms shall have aleways of two 68 ieces, a ure and gules" a chief argent studded with three mulletse5uidistant from each other" and, in oint of honor, ovoid argent over all the sun rayonnant with eight minor andlesser rays. ?eneath shall !e a scroll with the words 4Re u!lic of the hili ines, 4 or its e5uivalent in the nationallanguage, inscri!ed thereon.

68 *he &reat Seal shall !e circular in form, with the arms as descri!ed in the receding aragra h, !ut withoutthe scroll and the inscri tion thereon, and surrounding the whole, a dou!le marginal circle within which shalla ear the words 4Re u!lic of the hili ines,4 or its e5uivalent in the national language. +or the ur ose of

lacing the &reat Seal, the color of the arms shall not !e deemed essential.

i ! 1'. )se and Custody of Great Seal. # *he &reat Seal shall !e affi%ed to or laced u on all commissions signed !y theident and u on such other official documents and a ers of the Re u!lic of the hili ines as may !e re5uired !y customusage. *he resident shall have custody of the &reat Seal.

i ! 1(. %rms* Seals and +anners of Government ,ffices. # *he various offices of government may ado t a ro riate coats#arms, seals and !anners.

i ! 17. ,fficial "an!ua!es. # 0ntil otherwise rovided !y law, ili ino and English shall !e the official languages.

APTER 'ERATION AND EFFECT OF $A*S

i ! 18. When "a-s Ta e Effect. # :aws shall ta3e effect after fifteen 61< days following the com letion of their u!lication infficial &a ette or in a news a er of general circulation, unless it is otherwise rovided.

i ! 19. Prospectivity. # :aws shall have ros ective effect unless the contrary is e% ressly rovided.

i ! 2). /nterpretation of "a-s and %dministrative /ssuances. # n the inter retation of a law or administrative issuancemulgated in all the official languages, the English te%t shall control, unless otherwise s ecifically rovided. n case of

iguity, omission or mista3e, the other te%ts may !e consulted.

i ! 21. No /mplied #evival of #epealed "a- .# When a law which e% ressly re eals a rior law itself re ealed, the law firstealed shall not !e there!y revived unless e% ressly so rovided.

i ! 22. #evival of "a- /mpliedly #epealed. # When a law which im liedly re eals a rior law is itself re ealed, the rior lawl there!y !e revived, unless the re ealing law rovides otherwise.


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i ! 2%. /!norance of the "a-. # gnorance of the law e%cuses no one from com liance therewith.

APTER (FICIA$ GA+ETTE

i ! 2&. Contents. # *here shall !e u!lished in the )fficial &a ette all legislative acts and resolutions of a u!lic nature" allcutive and administrative issuances of general a lication" decisions or a!stracts of decisions of the Su reme Court and thert of A eals, or other courts of similar ran3, as may !e deemed !y said courts of sufficient im ortance to !e so u!lished"

h documents or classes of documents as may !e re5uired so to !e u!lished !y law" and such documents or classes ofuments as the resident shall determine from time to time to have general a lication or which he may authori e so to !eished.

u!lication of any law, resolution or other official documents in the )fficial &a ette shall !e rima facie evidence of itsority. la-phi0.net

i ! 2'. Editin! and Publications. # *he )fficial &a ette shall !e edited in the )ffice of the resident and u!lished wee3ly inino or in the English language. t shall !e sold and distri!uted !y the (ational rinting )ffice which shall rom tly mail co ies

eof to su!scri!ers free of ostage.

APTER 7GU$AR HO$IDAYS AND NATION*IDE SPECIA$ DAYS

i ! 2(. #e!ular 1olidays and Nation-ide Special Days. #

1. 0nless otherwise modified !y law, order or roclamation, the following regular holidays and s ecial daysshall !e o!served in this country2

A Regular Holidays

(ew Dear s >ay anuary 1

Faundy *hursday Fova!le date

&ood +riday Fova!le date

Araw ng Gagitingan 6?ataan andCorregidor >ay

A ril 9


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:a!or >ay Fay 1

nde endence >ay une 18

(ational Heroes >ay :ast Sunday of August

?onifacio >ay (ovem!er B

Christmas >ay >ecem!er 8ay >ecem!er B

? (ationwide S ecial >ays

All Saints >ay (ovem!er 1

:ast >ay of the Dear >ecem!er 1

68 *he terms 4legal or regular holiday4 and 4s ecial holiday4, as used in laws, orders, rules and regulations orother issuances shall !e referred to as 4regular holiday4 and 4s ecial day4, res ectively. la-phi0.net

i ! 27. "ocal Special Days. # *he resident may roclaim any local s ecial day for a articular date, grou or lace.

i ! 28. Pretermission of 1oliday. # Where the day, or the last day, for doing any act re5uired or ermitted !y law falls on aular holiday or s ecial day, the act may !e done on the ne%t succeeding !usiness day. la-phi0.net

APTER 8GA$ *EIGHTS MEASURES AND PERIOD

i ! 29. ,fficial )se of etric System. # *he metric system of weights and measures shall !e used in the hili ines for allducts, articles, goods, commodities, materials, merchandise, utilities, services, as well as for commercial transactions li3eracts, agreements, deeds and other legal instruments u!licly and officially attested, and for all official documents. )nly


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ghts and measures of the metric system shall !e officially sealed and licensed.

i ! %). andatory Nation&-ide )se. # *he metric system shall !e fully ado ted in all agricultural, commercial, industrial,ntific and other sectors. ersons or entities allowed under e%isting laws to use the English system or other standards andghts are given until the date to !e fi%ed !y the Fetric System ?oard to ado t the metric system.

i ! %1. "e!al Periods. # 4Dear4 shall !e understood to !e twelve calendar months" 4month4 of thirty days, unless it refers to acific calendar month in which case it shall !e com uted according to the num!er of days the s ecific month contains" 4day,4 toy of twenty#four hours" and 4night,4 from sunset to sunrise.

APTER 9NERA$ PRINCIP$ES GOVERNING PU $IC OFFICERS

i ! %2. Nature of Public ,ffice. # u!lic office is a u!lic trust. u!lic officers and em loyees must at all times !eounta!le to the eo le, serve them with the utmost res onsi!ility, integrity, loyalty and efficiency, act with atriotism andce, and lead modest lives.

i ! %%. Policy on Chan!e of Citizenship . # u!lic officers and em loyees owe the Senate and the Constitution allegiance atimes, and any u!lic officer or em loyee who see3s to change his citi enshi or ac5uire the status of an immigrant of another ntry during his tenure shall !e dealt with !y law.

i ! %&. Declaration of %ssets* "iabilities and Net Worth . # A u!lic officer or em loyee shall u on assum tion of office and asn thereafter as may !e re5uired !y law, su!mit a declaration under oath of his assets, lia!ilities, and net worth.

i ! %'. Ethics in Government. # All u!lic officers and em loyees shall !e !ound !y a Code of Ethics to !e romulgated !yCivil Service Commission.

i ! %(. /nhibition %!ainst Purchase of Property at Ta2 Sale. # (o officer or em loyee of the government shall urchasectly or indirectly any ro erty sold !y the government for the non# ayment of any ta%, fee or other u!lic charge. Any such

chase !y an officer or em loyee shall !e void.

i ! %7. Po-ers /ncidental to Ta in! of Testimony. # When authority to ta3e testimony or receive evidence is conferred u onadministrative officer or any non#'udicial erson, committee, or other !ody, such authority shall include the ower toinister oaths, summon witnesses, and re5uire the roduction of documents !y a su! oena duces tecum.

i ! %8. "iability of Superior ,fficers. #

61 A u!lic officer shall not !e civilly lia!le for acts done in the erformance of his official duties, unless there is aclear showing of !ad faith, malice or gross negligence.

68 Any u!lic officer who, without 'ust cause, neglects to erform a duty within a eriod fi%ed !y law or regulation,

or within a reasona!le eriod if none is fi%ed, shall !e lia!le for damages to the rivate arty concerned withoutre'udice to such other lia!ility as may !e rescri!ed !y law.

6 A head of a de artment or a su erior officer shall not !e civilly lia!le for the wrongful acts, omissions of duty,negligence, or misfeasance of his su!ordinates, unless he has actually authori ed !y written order the s ecific actor misconduct com lained of.

i ! %9. "iability of Subordinate ,fficers. #(o su!ordinate officer or em loyee shall !e civilly lia!le for acts done !y him ind faith in the erformance of his duties. However, he shall !e lia!le for willful or negligent acts done !y him which are contrary


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w, morals, u!lic olicy and good customs even if he acted under orders or instructions of his su eriors.

APTER 1)FICIA$ OATHS

i ! &). ,aths of ,ffice for Public ,fficers and Employees. # All u!lic officers and em loyees of the government includingy mem!er of the armed forces shall, !efore entering u on the discharge of his duties, ta3e an oath or affirmation to u holddefend the Constitution" that he will !ear true faith and allegiance to it" o!ey the laws, legal orders and decrees romulgated

he duly constituted authorities" will well and faithfully discharge to the !est of his a!ility the duties of the office or ositionn which he is a!out to enter" and that he voluntarily assumes the o!ligation im osed !y his oath of office, without mentalrvation or ur ose of evasion. Co ies of the oath shall !e de osited with the Civil Service Commission and the (ationalhives.

i ! &1. ,fficers %uthorized to %dminister ,ath. #

61 *he following officers have general authority to administer oath2 (otaries u!lic, mem!ers of the 'udiciary,cler3s of courts, the Secretary of the either House of the Congress of the hili ines, of de artments, !ureau

directors, registers of deeds, rovincial governors and lieutenant#governors, city mayors, munici al mayors andany other officer in the service of the government of the hili ines whose a ointment is vested in the resident.

68 )aths may also !e administered !y any officer whose duties, as defined !y law or regulation, re5uireresentation to him of any statement under oath..

i ! &2. Duty to %dminister ,ath. # )fficers authori ed to administer oaths, with the e%ce tion of notaries u!lic, munici ales and cler3s of court, are not o!liged to administer oaths or e%ecute certificates save in matters of official !usiness" and withe%ce tion of notaries u!lic, the officer erforming the service in those matters shall charge no fee, unless s ecificallyori ed !y law.

APTER 11

FICIA$ REPORTS

i ! &%. %nnual #eports. # *he heads of the several !ranches, su!divisions, de artment and agencies or instrumentalities of&overnment shall re are and su!mit annual re orts to the resident on or !efore the first day of uly 1 of each year.

i ! &&. Contents of #eports. # *he contents of the annual re orts shall !e rescri!ed !y law or, in the a!sence thereof, !ycutive order.

i ! &'. Special #eports. # Each chief of ?ureau or other officer of the government shall ma3e such s ecial re ortscerning the wor3 of his ?ureau or )ffice as may from time to time !e re5uired of him !y the resident of the hili ines ord of >e artment.

i ! &(. Deposit -ith %rchives. # )fficial co ies of annual re orts shall !e de osited with the (ational Archives and shall !en to u!lic ins ection.

APTER 12$IC CONTRACTS AND CONVEYANCES

i ! &7. Contracts and Conveyances. # Contracts or conveyances may !e e%ecuted for and in !ehalf of the &overnment or of of its !ranches, su!divisions, agencies, or instrumentalities, including government#owned or controlled cor orations,


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never demanded !y the e%igency or e%igencies of the service and as long as the same are not rohi!ited !y law.

i ! &8. ,fficial %uthorized to Convey #eal Property. # Whenever real ro erty of the &overnment is authori ed !y law to !eveyed, the deed of conveyance shall !e e%ecuted in !ehalf of the government !y the following2

61 +or ro erty !elonging to and titled in the name of the Re u!lic of the hili ines, !y the resident, unless theauthority therefor is e% ressly vested !y law in another officer.

68 +or ro erty !elonging to the Re u!lic of the hili ines !ut titled in the name of any olitical su!division or of any cor orate agency or instrumentality, !y the e%ecutive head of the agency or instrumentality.

i ! &9. %uthority to Convey other Property. # Whenever ro erty other than real is authori ed to !e conveyed, the contracteed shall !e e%ecuted !y the head of the agency with the a roval of the de artment head. Where the o erations of thency regularly involve the sale or other dis osition of ersonal ro erty, the deed shall !e e%ecuted !y any officer or em loyeeressly authori ed for that ur ose.

i ! '). Conveyance of National Government Property to "ocal Governments . # When the real ro erty !elonging to theonal &overnment is needed for school ur oses, or other official use !y any local government, the resident shall authori eransfer, and the de artment head or other authority concerned shall e%ecute in favor of the local government the necessaryd of conveyance !y way of gift, sale, e%change, or otherwise, and u on such terms as shall !e for the interest of the artiescerned. (othing herein rovided shall !e deemed to authori e the conveyance of unreserved u!lic land, friar land or any

ro erty held !y the &overnment in trust or for a s ecial ur ose defined !y law.

i ! '1. E2ecution of Contracts. #

61 Contracts in !ehalf of the Re u!lic of the hili ines shall !e e%ecuted !y the resident unless authoritytherefor is e% ressly vested !y law or !y him in any other u!lic officer.

68 Contracts in !ehalf of the olitical su!divisions and cor orate agencies or instrumentalities shall !e a roved

!y their res ective governing !oards or councils and e%ecuted !y their res ective e%ecutive heads.

O# II

TRI UTION OF PO*ERS OF GOVERNMENT

APTER 1SIC PRINCIP$ES AND PO$ICIES

i ! 1. Guidin! Principles and Policies in Government. # &overnmental ower shall !e e%ercised in accordance with theowing !asic rinci les and olicies2

61 *he hili ines is a democratic and re u!lican State. Sovereignty resides in the eo le and all governmentauthority emanates from them.

68 *he State values the dignity of every human erson and guarantees full res ect for human rights.

6 Civilian authority is, at all times, su reme over the military.


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6; *he State shall ensure the autonomy of local governments.

6< *he territorial and olitical su!divisions of the Re u!lic of the hili ines are the rovinces, cities,munici alities, and !arangays. *here shall !e autonomous regions, in accordance with the Constitution, in FuslimFindanao and the Cordilleras as may !e rovided !y law.

6= *he se aration of Church and State shall !e inviola!le.

67 *he right of the eo le and their organi ations to effective and reasona!le artici ation at all levels of social,olitical, and economic decision#ma3ing shall not !e a!ridged. *he State shall, !y law, facilitate the esta!lishment

of ade5uate consultation mechanisms.

6$ *he owers e% ressly vested in any !ranch of the &overnment shall not !e e%ercised !y, nor delegated to,any other !ranch of the &overnment, e%ce t to the e%tent authori ed !y the Constitution.

APTER 2GIS$ATIVE PO*ER

i ! 2. Seat of "e!islative Po-er. # *he legislative ower shall !e vested in the Congress of the hili ines which shallsist of a Senate and a House of Re resentatives, e%ce t to the e%tent reserved to the eo le !y the Constitutional rovisionnitiative and referendum.

i ! %. /nhibitions %!ainst embers of Con!ress. #

61 (o Senator or Fem!er of the House of Re resentatives may hold any other office or em loyment in the&overnment, or any su!division agency, or instrumentality thereof, including government#owned or controlledcor orations or their su!sidiaries, during his term without forfeiting his seat. (either shall he !e a ointed to anyoffice which may have !een created or the emoluments thereof increased during the term for which he waselected.

68 (o Senator or Fem!er of the House of Re resentatives may ersonally a ear as counsel !efore any courtof 'ustice or !efore the Electoral *ri!unals, or 5uasi#'udicial and other administrative !odies. (either shall he,directly or indirectly, !e interested financially in any contract with, or in any franchise or s ecial rivilege granted!y the &overnment, or any su!division, agency or instrumentality thereof including any government#owned orcontrolled cor oration, or its su!sidiary, during his term of office. He shall not intervene in any matter !efore anyoffice of the &overnment for his ecuniary !enefit or where he may !e called u on to act on account of his office.

i ! &. Electoral Tribunal. # *he Senate and the House of Re resentatives shall each have an Electoral *ri!unal which shallhe sole 'udge of all contests relating to the election, returns, and 5ualifications of their res ective Fem!ers. Each Electoralunal shall !e com osed of nine 69 Fem!ers, three 6 of whom shall !e ustices of the Su reme Court to !e designated !yChief ustice, and the remaining si% 6= shall !e Fem!ers of the Senate or the House of Re resentatives, as the case may

who shall !e chosen on the !asis of ro ortional re resentation from the olitical arties and the arties or organi ationsstered under the arty#list system re resented therein. *he senior ustice in the Electoral *ri!unal shall !e its Chairman.

i ! '. Commission on %ppointments. # *here shall !e a Commission on A ointments consisting of the resident of theate, as e% officio Chairman, and twelve 618 Senators and twelve 618 Fem!ers of the House of Re resentatives, elected !yh House on the !asis of ro ortional re resentation from the olitical arties and arties or organi ations registered under they#list system re resented therein. *he Chairman of the Commission shall not vote, e%ce t in case of a tie. *he Commissionl act on all a ointments su!mitted to it within thirty 6 B session days of the Congress from their su!mission. *he


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mmission shall rule !y a ma'ority vote of all its Fem!ers.

i ! (. "e!islative /nvesti!ation. # *he Senate or the House of Re resentatives or any of its res ective committees mayduct in5uiries in aid of legislation in accordance with its duly u!lished rules of rocedure. *he rights of ersons a earing inffected !y such in5uiries shall !e res ected.

i ! 7. %ppearance of 1eads of Departments. # *he heads of de artments may u on their own initiative, with the consent ofresident, or u on the re5uest of either House, as the rules of each House shall rovide, a ear !efore and !e heard !y

h House on any matter ertaining to their de artments. Written 5uestions shall !e su!mitted to the resident of the Senate orS ea3er of the House of Re resentatives at least three 6 days !efore their scheduled a earance. nter ellations shall notmited to written 5uestions, !ut may cover matters related thereto. When the security of the State or the u!lic interest so

uires and the resident so states in writing, the a earance shall !e conducted in e%ecutive session.

i ! 8. /nitiative and #eferendum. # *he Congress shall, as early as ossi!le, rovide for a system of initiative andrendum and the e%ce tions therefrom, where!y the eo le can directly ro ose and enact laws or a rove or re'ect any actaw or art thereof assed !y the Congress or local legislative !ody after the registration of a etition therefor signed !y att ten 61B er centum of the total num!er of registered voters, of which every legislative district must !e re resented !y at

t three 6 er centum of the registered voters thereof.

i ! 9. ower to ro ose Constitutional Amendments. #

61 Any amendment to, or revision of the Constitution may !e ro osed !y2 6a *he Congress, u on a vote ofthree#fourths 6 ; of all its Fem!ers" or 6! a constitutional convention. *he Congress may, !y a vote of two#thirds 68 of all its Fem!ers, call a constitutional convention, or !y a ma'ority vote of all its Fem!ers, su!mit tothe electorate the 5uestion of calling such a convention.

68 Amendments to the Constitution may li3ewise !e directly ro osed !y the eo le through initiative u on aetition of at least twelve 618 er centum of the total num!er of registered voters, of which every legislative

district must !e re resented !y at least three 6 er centum of the registered voters therein. (o amendments

under this aragra h shall !e authori ed within five years following the ratification of the 19$7 Constitution noroftener than once every five years thereafter. *he Congress shall rovide for the im lementation of the e%erciseof this right.

i ! 1). @alidity of Constitutional Amendments. #

61 Any amendment to or revision of the Constitution ro osed !y Congress or a constitutional convention shall!e valid when ratified !y a ma'ority of the votes cast in a le!iscite which shall !e held not earlier than si%ty days6=B nor later than ninety days 69B after the a roval of such amendment or revision.

68 Any amendment to or revision of the Constitution directly ro osed !y the eo le through initiative shall !evalid when ratified !y a ma'ority of the votes cast in a le!iscite which shall !e held not earlier than si%ty days 6=B

nor later than ninety days 69B after the certification !y the Commission on Elections of the sufficiency of theetition.

APTER %ECUTIVE PO*ER

i ! 11. E%ercise of E%ecutive ower. # *he E%ecutive ower shall !e vested in the resident.

i ! 12. The 3ice&President . # *here shall !e a @ice# resident who shall have the same 5ualifications and term of office and


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ected with and in the same manner as the resident. He may !e removed from office in the same manner as the resident.

@ice# resident may !e a ointed as a Fem!er of the Ca!inet. Such a ointment re5uires no confirmation.

i ! 1%. 3acancy in ,ffice of the President. # n case of death, ermanent disa!ility, removal from office, or resignation of theident, the @ice# resident shall !ecome the resident to serve the une% ired term. n case of death, ermanent disa!ility,oval from office, or resignation of !oth the resident and @ice# resident, the resident of the Senate or, in case of hisility, the S ea3er of the House of Re resentatives, shall then act as resident until the resident or @ice# resident shall haveelected and 5ualified.

Congress shall, !y law, rovide who shall serve as resident in case of death, ermanent disa!ility, or resignation of theng resident. He shall serve until the resident or @ice# resident shall have !een elected and 5ualified, and !e su!'ect to thee restrictions of owers and dis5ualifications as the Acting resident.

i ! 1&. 3acancy in ,ffice of the 3ice&President. # Whenever there is a vacancy in the )ffice of the @ice# resident during them for which he was elected, the resident shall nominate a @ice# resident from among the Fem!ers of the Senate and the

se of Re resentatives who shall assume office u on confirmation !y a ma'ority vote of all the Fem!ers of !oth Houses of the

gress, voting se arately.

i ! 1'. /nhibitions %!ainst E2ecutive ,fficials. # *he resident, @ice# resident, the Fem!ers of the Ca!inet, and theiruties or assistants shall not, unless otherwise rovided in this Constitution, hold any other office or em loyment during theirre. *hey shall not, during said tenure, directly or indirectly ractice any other rofession, artici ate in any !usiness, or !encially interested in any contract with, or in any franchise, or s ecial rivilege granted !y the &overnment or any su!division,ncy, or instrumentality thereof, including government#owned or controlled cor orations or their su!sidiaries. *hey shall strictlyd conflicts of interest in the conduct of their office.

s ouse and relatives !y consanguinity or affinity within the fourth civil degree of the resident shall not during his tenure !eointed as Fem!ers of the Constitutional Commissions, or the )ffice of the )m!udsman, or as Secretaries, 0ndersecretaries,rmen or heads of !ureaus or offices, including government#owned or controlled cor orations and their su!sidiaries.

APTER &ICIA$ PO*ER

i ! 1(. 4udicial Po-er. # *he 'udicial ower shall !e vested in one 61 Su reme Court, and in such lower courts as may !e!lished !y law. Such lower courts include the Court of A eals, Sandigan!ayan, Court of *a% A eals, Regional *rial Courts,ri s >istrict Courts, Fetro olitan *rial Courts, Funici al *rial Courts and Funici al Circuit *rial Courts, and Shari a Circuitrts and they shall continue to e%ercise their res ective 'urisdiction until otherwise rovided !y law.

icial ower includes the duty of the courts of 'ustice to settle actual controversies involving rights which are legallyanda!le and enforcea!le, and, in cases rescri!ed !y law, to determine whether or not there has !een a grave a!use ofretion amounting to lac3 or e%cess of 'urisdiction on the art of any !ranch or instrumentality of the &overnment.

i ! 17. Composition of the Supreme Court. # *he Su reme Court shall !e com osed of a Chief ustice and fourteenociate ustices. t may sit en !anc or in its discretion, in divisions of three, five or seven Fem!ers.

i ! 18. 4urisdiction and Po-ers of Supreme Court. # *he Su reme Court shall have the following owers2

61 E%ercise original 'urisdiction over cases affecting am!assadors, other u!lic ministers and consuls, and overetitions for certiorari, rohi!ition, mandamus, 5uo warranto, and ha!eas cor us.


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68 Review, revise, reverse, modify, or affirm on a eal or certiorari as the law or the Rules of Court may rovide,final 'udgments and orders of lower courts in2

6a All cases in which the constitutionality or validity of any treaty, international or e%ecutive agreement,law, residential decree, roclamation, order, instruction, ordinance, or regulation is in 5uestion.

6! All cases involving the legality of any ta%, im ost, assessment, or toll, or any enalty im osed inrelation thereto.

6c All cases in which the 'urisdiction of any lower court is in issue.

6d All criminal cases in which the enalty im osed is reclusion er etua or higher.

6e All cases in which only an error or 5uestion of law is involved.

6 Assign tem orarily 'udges of lower courts to other stations as u!lic interest may re5uire. Such tem oraryassignment shall not e%ceed si% 6= months without the consent of the 'udge concerned.

6; )rder a change of venue or lace of trial to avoid a miscarriage of 'ustice.

6< romulgate rules concerning the rotection and enforcement of constitutional rights, leading, ractice, androcedure in all courts, the admission to the ractice of law, the ntegrated ?ar, and legal assistance to the

under rivileged. Such rules shall rovide a sim lified and ine% ensive rocedure for the s eedy dis osition ofcases, shall !e uniform for all courts of the same grade" and shall not diminish, increase, or modify su!stantiverights. Rules of rocedure of s ecial courts and 5uasi#'udicial !odies shall remain effective unless disa roved !ythe Su reme Court.

6= A oint all officials and em loyees of the udiciary in accordance with the Civil Service law.

i ! 19. %pportionment of 4urisdiction . # Congress shall define, rescri!e and a ortion the 'urisdiction of the various courtsmay not de rive the Su reme Court of its 'urisdiction enumerated in the immediately receding section. (either shall a law !esed increasing its a ellate 'urisdiction as therein s ecified without its advice and concurrence.

aw shall !e assed reorgani ing the udiciary when it undermines the security of tenure of its Fem!ers.

i ! 2). %dministrative Supervision .# *he Su reme Court shall have administrative su ervision over all courts and theonnel thereof.

i ! 21. 4udicial and +ar Council. #

61 A udicial and ?ar Council is here!y created under the su ervision of the Su reme Court com osed of theChief ustice as e% officio Chairman, the Secretary of ustice, and a re resentative of the Congress as e% officioFem!er, a re resentative of the ntegrated ?ar, a rofessor of law, a retired Fem!er of the Su reme Court, and are resentative of the rivate sector.

68 *he regular mem!ers of the Council shall !e a ointed !y the resident for a term of four 6; years with theconsent of the Commission of A ointments. )f the Fem!ers first a ointed, the re resentative of the ntegrated?ar shall serve for four 6; years, the rofessor of law for three 6 years, the retired ustice for two 68 years, and


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the re resentative of the rivate sector for one 61 year.

6 *he Cler3 of the Su reme Court shall !e the Secretary e% officio of the Council and shall 3ee a record of itsroceedings.

6; *he regular Fem!ers of the Council shall receive such emoluments as may !e determined !y the Su remeCourt. *he Su reme Court shall rovide in its annual !udget the a ro riations for the Council.

6< *he Council shall have the rinci al function of recommending a ointees to the udiciary. t may e%ercisesuch other functions and duties as the Su reme Court may assign to it.

i ! 22. %ppointment of embers of 4udiciary. # *he Fem!ers of the Su reme Court and 'udges of lower courts shall !eointed !y the resident from a list of at least three 6 nominees re ared !y the udicial and ?ar Council for every vacancy.h a ointments need no confirmation.

the lower courts, the resident shall issue the a ointments within ninety 69B days from the su!mission of the list.

i ! 2%. Prohibition %!ainst Performin! 5uasi&4udicial or %dministrative (unctions. # *he Fem!ers of the Su reme Court andther courts esta!lished !y law shall not !e designated to any agency erforming 5uasi#'udicial or administrative functions.

APTER 'NSTITUTIONA$ COMMISSIONS

i ! 2&. Constitutional Commissions. # *he Constitutional Commissions, which shall !e inde endent, are the Civil Servicemmission, the Commission on Elections, and the Commission on Audit.

i ! 2'. /nhibitions %!ainst Constitutional Commissioners. # (o mem!er of a Constitutional Commission shall, during hisre, hold any other office or em loyment. (either shall he engage in the ractice of any rofession or in the activeagement or control of any !usiness which in anyway may !e affected !y the functions of his office, nor shall he !e financiallyrested, directly or indirectly, in any contract with, or in any franchise or rivilege granted !y the &overnment, any of itsivisions, agencies, or instrumentalities, including government#owned or controlled cor orations or their su!sidiaries.

i ! 2(. (iscal %utonomy. # *he Constitutional Commissions shall en'oy fiscal autonomy. *he a roved annual a ro riationsl !e automatically and regularly released.

i ! 27. Promul!ation of #ules. # Each Commission en !anc may romulgate its own rules concerning leadings andctice !efore it or !efore any of its offices. Such rules however shall not diminish, increase, or modify su!stantive rights.

i ! 28. Decisions by the Constitutional Commissions .# Each Commission shall decide, !y a ma'ority vote of all its Fem!ers,case or matter !rought !efore it within si%ty 6=B days from the date of its su!mission for decision or resolution. A case orter is deemed su!mitted for decision or resolution u on the filing of the last leading, !rief, or memorandum re5uired !y the

s of the Commission or !y the Commission itself. 0nless otherwise rovided !y the Constitution or !y law, any decision,r, or ruling of each Commission may !e !rought to the Su reme Court on certiorari !y the aggrieved arty within thirty 6 B

s from recei t of a co y thereof.

APTER (HER ODIES

i ! 29. ,ther +odies. # *here shall !e in accordance with the Constitution, an )ffice of the )m!udsman, a Commission onman Rights, an inde endent central monetary authority, and a national olice commission. :i3ewise, as rovided in the


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stitution, Congress may esta!lish an inde endent economic and lanning agency. la-phi0.net

O# III

FICE OF THE PRESIDENT

e I

ERS OF THE PRESIDENT

APTER 1ER OF CONTRO$

i ! 1. Po-er of Control. # *he resident shall have control of all the e%ecutive de artments, !ureaus, and offices. He shallure that the laws !e faithfully e%ecuted.

APTER 2DINANCE PO*ER

i ! 2. E2ecutive ,rders. # Acts of the resident roviding for rules of a general or ermanent character in im lementation orcution of constitutional or statutory owers shall !e romulgated in e%ecutive orders.

i ! %. %dministrative ,rders. # Acts of the resident which relate to articular as ect of governmental o erations insuance of his duties as administrative head shall !e romulgated in administrative orders.

i ! &. Proclamations. # Acts of the resident fi%ing a date or declaring a status or condition of u!lic moment or interest,n the e%istence of which the o eration of a s ecific law or regulation is made to de end, shall !e romulgated inclamations which shall have the force of an e%ecutive order.

i ! '. emorandum ,rders. # Acts of the resident on matters of administrative detail or of su!ordinate or tem oraryrest which only concern a articular officer or office of the &overnment shall !e em!odied in memorandum orders.

i ! (. emorandum Circulars. # Acts of the resident on matters relating to internal administration, which the residentres to !ring to the attention of all or some of the de artments, agencies, !ureaus or offices of the &overnment, forrmation or com liance, shall !e em!odied in memorandum circulars.

i ! 7. General or Special ,rders. # Acts and commands of the resident in his ca acity as Commander#in#Chief of theed +orces of the hili ines shall !e issued as general or s ecial orders.

APTER %ER OVER A$IENS

i ! 8. Po-er to Deport. # *he resident shall have the ower to de ort aliens su!'ect to the re5uirements of due rocess.

i ! 9. Po-er to Chan!e Non&/mmi!rant Status of %liens. # *he resident, su!'ect to the rovisions of law, shall have thewer to change the status of non#immigrants !y allowing them to ac5uire ermanent residence status without necessity of visa.

i ! 1). Po-er to Countermand Decisions of the +oard of Commissioners of the +ureau of /mmi!ration . # *he decision ofd of Commissioners which has 'urisdiction over all de ortation cases shall !ecome final and e%ecutory after thirty 6 B days


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m romulgation, unless within such eriod the resident shall order the contrary.

i ! 11. Po-er over %liens under the General Principles of /nternational "a-. # *he resident shall e%ercise with res ect tons in the hili ines such owers as are recogni ed !y the generally acce ted rinci les of international law.

APTER &ERS OF EMINENT DOMAIN ESCHEAT $AND RESERVATION AND RECOVERY OF I$$/GOTTEN *EA$TH

i ! 12. Po-er of Eminent Domain. # *he resident shall determine when it is necessary or advantageous to e%ercise thewer of eminent domain in !ehalf of the (ational &overnment, and direct the Solicitor &eneral, whenever he deems the action

sa!le, to institute e% ro riation roceedings in the ro er court.

i ! 1%. Po-er to Direct Escheat or #eversion Proceedin!s. # *he resident shall direct the Solicitor &eneral to instituteheat or reversion roceedings over all lands transferred or assigned to ersons dis5ualified under the Constitution to ac5uire.

i ! 1&. Po-er to #eserve "ands of the Public and Private Domain of the Government. #

61 *he resident shall have the ower to reserve for settlement or u!lic use, and for s ecific u!lic ur oses,any of the lands of the u!lic domain, the use of which is not otherwise directed !y law. *he reserved land shallthereafter remain su!'ect to the s ecific u!lic ur ose indicated until otherwise rovided !y law or roclamation"

68 He shall also have the ower to reserve from sale or other dis osition and for s ecific u!lic uses orur oses, any land !elonging to the rivate domain of the &overnment, or any of the +riar :ands, the use of

which is not otherwise directed !y law, and thereafter such land shall !e used for the ur oses s ecified !y suchroclamation until otherwise rovided !y law.

i ! 1'. Po-er over /ll&!otten Wealth. # *he resident shall direct the Solicitor &eneral to institute roceedings to recovererties unlawfully ac5uired !y u!lic officials or em loyees, from them or from their nominees or transferees.

hin the eriod fi%ed in, or any e%tension thereof authori ed !y, the Constitution, the resident shall have the authority tover ill#gotten ro erties amassed !y the leaders and su orters of the revious regime and rotect the interest of the eo leugh orders of se5uestration or free ing of assets or accounts.

APTER 'ER OF APPOINTMENT

i ! 1(. Po-er of %ppointment. # *he resident shall e%ercise the ower to a oint such officials as rovided for in thestitution and laws.

i ! 17. ower to ssue *em orary >esignation. #

61 *he resident may tem orarily designate an officer already in the government service or any other com etenterson to erform the functions of an office in the e%ecutive !ranch, a ointment to which is vested in him !y law,

when2 6a the officer regularly a ointed to the office is una!le to erform his duties !y reason of illness, a!senceor any other cause" or 6! there e%ists a vacancy"

68 *he erson designated shall receive the com ensation attached to the osition, unless he is already in thegovernment service in which case he shall receive only such additional com ensation as, with his e%isting salary,shall not e%ceed the salary authori ed !y law for the osition filled. *he com ensation here!y authori ed shall !e


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aid out of the funds a ro riated for the office or agency concerned.

6 n no case shall a tem orary designation e%ceed one 61 year.

APTER (NERA$ SUPERVISION OVER $OCA$ GOVERNMENTS

i ! 18. General Supervision ,ver "ocal Governments . # *he resident shall e%ercise general su ervision over localernments.

APTER 7HER PO*ERS

i ! 19. Po-ers )nder the Constitution. # *he resident shall e%ercise such other owers as are rovided for in thestitution.

i ! 2). #esidual Po-ers. # 0nless Congress rovides otherwise, the resident shall e%ercise such other owers andtions vested in the resident which are rovided for under the laws and which are not s ecifically enumerated a!ove, or

ch are not delegated !y the resident in accordance with law.

e II

GANI+ATION

APTER 8GANI+ATION OF THE OFFICE OF THE PRESIDENT

i ! 21. ,r!anization. # *he )ffice of the resident shall consist of the )ffice of the resident ro er and the agencies under

i ! 22. ,ffice of the President Proper. #

61 *he )ffice of the resident ro er shall consist of the rivate )ffice, the E%ecutive )ffice, the Common StaffSu ort System, and the residential S ecial Assistants Advisers System"

68 *he E%ecutive )ffice refers to the )ffices of the E%ecutive Secretary, >e uty E%ecutive Secretaries and Assistant E%ecutive Secretaries"

6 *he Common Staff Su ort System em!races the offices or units under the general categories ofdevelo ment and management, general government administration and internal administration" and

6; *he resident S ecial Assistants Advisers System includes such s ecial assistants or advisers as may !eneeded !y the resident.

i ! 2%. The %!encies under the ,ffice of the President. # *he agencies under the )ffice of the resident refer to thoseces laced under the chairmanshi of the resident, those under the su ervision and control of the resident, those under theinistrative su ervision of the )ffice of the resident, those attached to it for olicy and rogram coordination, and those that

not laced !y law or order creating them under any s ecific de artment.


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e III

NCTIONS

APTER 9NCTIONS OF THE DIFFERENT OFFICES IN THE OFFICE OF THE PRESIDENT PROPER

PRIVATE OFFICE

i ! 2&. (unctions of the Private ,ffice. # *he rivate )ffice shall rovide direct services to the resident and shall for thisose attend to functions and matters that are ersonal or which ertain to the +irst +amily.

THE EXECUTIVE OFFICE

i ! 2'. Declaration of Policy . # *he E%ecutive )ffice shall !e fully res onsive to the s ecific needs and re5uirements of theident to achieve the ur oses and o!'ectives of the )ffice.

i ! 2(. The E2ecutive Secretary* the >e uty E%ecutive Secretaries, and the Assistant E%ecutive Secretaries. # *heecutive )ffice shall !e headed !y the E%ecutive Secretary who shall !e assisted !y one 61 or more >e uty E%ecutiveretaries and one 61 or more Assistant E%ecutive Secretaries.

i ! 27. (unctions of the E2ecutive Secretary. # *he E%ecutive Secretary shall, su!'ect to the control and su ervision of theident, carry out the functions assigned !y law to the E%ecutive )ffice and shall erform such other duties as may !egated to him. He shall2

61 >irectly assist the resident in the management of the affairs ertaining to the &overnment of the Re u!lic ofthe hili ines"

68 m lement residential directives, orders and decisions"

6 >ecide, for and in !ehalf of the resident, matters not re5uiring ersonal residential attention"

6; E%ercise su ervision and control over the various units in the )ffice of the resident ro er including theirinternal administrative re5uirements"

6< E%ercise su ervision, in !ehalf of the resident, over the various agencies under the )ffice of the resident"

6= A oint officials and em loyees of the )ffice of the resident whose a ointments are not vested in theresident"

67 rovide overall coordination in the o eration of the E%ecutive )ffice"

6$ >etermine and assign matters to the a ro riate units in the )ffice of the resident"

69 Have administrative res onsi!ility for matters in the )ffice of the resident coming from the variousde artments and agencies of government"

61B E%ercise rimary authority to sign a ers 4?y authority of the resident4, attest e%ecutive orders and other


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residential issuances unless attestation is s ecifically delegated to other officials !y him or !y the resident"

611 >etermine, with the resident s a roval, the a ro riate assignment of offices and agencies not laced !ylaw under any s ecific e%ecutive de artment"

618 rovide consultative, research, fact#finding and advisory service to the resident"

61 Assist the resident in the erformance of functions ertaining to legislation"

61; Assist the resident in the administration of s ecial ro'ects"

61< *a3e charge of matters ertaining to rotocol in State and ceremonial functions"

61= rovide secretarial and clerical services for the resident, the Ca!inet, the Council of State, and otheradvisory !odies to the resident

617 romulgate such rules and regulations necessary to carry out the o!'ectives, olicies and functions of the)ffice of the resident ro er"

1. erform such other functions as the resident may direct.

COMMON STAFF SUPPORT SYSTEM

i ! 28. (unctions of the Common Staff Support System. # *he various staff units in the )ffice of the resident ro er shallm a common staff su ort system and shall !e organi ed along the various tas3s of the )ffice namely2

61 *he Ca!inet Secretariat which shall assist the resident in the esta!lishment of agenda to ics for the Ca!inetdeli!eration, or facilitate the discussion of ca!inet meetings. t shall have such organi ation, owers and functionsas are rescri!ed !y law"

68 *he residential Fanagement Staff 6 FS which shall !e the rimary governmental agency directlyres onsi!le to the )ffice of the resident for roviding staff assistance in the residential e%ercise of overallmanagement of the develo ment rocess. t shall have such organi ation, owers and functions as are

rescri!ed !y law"

6 &eneral &overnment Administration Staff which shall rovide the resident with staff su ort on mattersconcerning general government administration relative to the o erations of the national government including the

rovision of legal services, administrative services, staff wor3 on olitical and legislative matters, information andassistance to the general u!lic, measures toward resolution of com laints against u!lic officials and em loyees!rought to the attention of the )ffice of the resident and such other matters as the resident may assign"

6; nternal Administrative Staff which shall render au%iliary and su ort services for the internal administration ofthe )ffice of the resident.

PRESIDENTIA$ ASSISTANT0ADVISERS SYSTEM

i ! 29. (unctions of Presidential %ssistants6%dvisers Systems. # *he S ecial Assistants Advisers System shall rovidesory or consultative services to the resident in such fields and under such conditions as the resident may determine.


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APTER 1)NCTIONS OF THE AGENCIES UNDER THE OFFICE OF THE PRESIDENT

i ! %). (unctions of %!encies )nder the ,ffice of the President. # Agencies under the )ffice of the resident shall continueerate and function in accordance with their res ective charters or laws creating them, e%ce t as otherwise rovided in this

e or !y law.

i ! %1. Continuin! %uthority of the President to #eor!anize his ,ffice. # *he resident, su!'ect to the olicy in the E%ecutivee and in order to achieve sim licity, economy and efficiency, shall have continuing authority to reorgani e the administrativecture of the )ffice of the resident. +or this ur ose, he may ta3e any of the following actions2

61 Restructure the internal organi ation of the )ffice of the resident ro er, including the immediate )ffices, theresidential S ecial Assistants Advisers System and the Common staff Su ort System, !y a!olishing,

consolidating or merging units thereof or transferring functions from one unit to another"

68 *ransfer any function under the )ffice of the resident to any other >e artment or Agency as well as transferfunctions to the )ffice of the resident from other >e artments and Agencies" and

6 *ransfer any agency under the )ffice of the resident to any other de artment or agency as well as transferagencies to the )ffice of the resident from other de artments or agencies.

O# IV

E EXECUTIVE RANCH

APTER 1E DEPARTMENTS

i ! 1. Purpose and Number of Departments. # *he E%ecutive ?ranch shall have such >e artments as are necessary for thetional distri!ution of the wor3 of the resident and for the erformance of their functions.

i ! 2. Declaration of Policy. #

61 *he >e artments shall !e organi ed and maintained to insure their ca acity to lan and im lement rogramsin accordance with esta!lished national olicies"

68 ?ureaus and offices shall !e grou ed rimarily on the !asis of ma'or functions to achieve sim licity, economyand efficiency in government o erations and minimi e du lication and overla ing of activities" and

6 *he functions of the different >e artments shall !e decentrali ed in order to reduce red ta e, free centralofficials from administrative details concerning field o erations, and relieve them from unnecessary involvementin routine and local matters. Ade5uate authority shall !e delegated to su!ordinate officials. Administrativedecisions and actions shall, as much as feasi!le, !e at the level closest to the u!lic.

i ! %. Department Proper. #

61 0nless otherwise rovided in this Code or !y law, the >e artment ro er shall include the )ffice of theSecretary and the staff consist of the Secretary and the 0ndersecretary or 0ndersecretaries, together with the


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ersonnel in their immediate offices"

68 Every Secretary shall !e assisted !y such num!er of 0ndersecretaries as may !e rovided for !y this Code or !y law"

*he 0ndersecretary shall erform the functions as rovided in Cha ter 8 of this ?oo3"

6 Whenever necessary, Assistant Secretary osition or ositions may !e created to form art of the >e artmentro er" and

6; n the a!sence of s ecial rovisions, the ma'or staff units of each de artment shall !e the services which shallinclude2 the lanning Service, the +inancial and Fanagement Service, the Administrative Service, and whennecessary, the *echnical and :egal Services.

i ! &. 4urisdiction over +ureaus* ,ffices* #e!ulatory %!encies and Government Corporations. # Each >e artment shall hadiction over !ureaus, offices, regulatory agencies, and government#owned or controlled cor orations assigned to it !y law, in

ordance with the a lica!le relationshi as defined in Cha ter 7, $, and 9 of this ?oo3.

i ! '. %ssi!nment of ,ffices and %!encies. # *he resident shall, !y e%ecutive order, assign offices and agencies notrwise assigned !y law to any de artment, or indicate to which de artment a government cor oration or !oard may !e

ched.

APTER 2CRETARIES UNDERSECRETARIES AND ASSISTANT SECRETARIES

i ! (. %uthority and #esponsibility of the Secretary. # *he authority and res onsi!ility for the e%ercise of the mandate of theartment and for the discharge of its owers and functions shall !e vested in the Secretary, who shall have su ervision androl of the >e artment.

i ! 7. Po-ers and (unctions of the Secretary. # *he Secretary shall2

61 Advise the resident in issuing e%ecutive orders, regulations, roclamations and other issuances, theromulgation of which is e% ressly vested !y law in the resident relative to matters under the 'urisdiction of the

>e artment"

68 Esta!lish the olicies and standards for the o eration of the >e artment ursuant to the a roved rogramsof governments"

6 romulgate rules and regulations necessary to carry out de artment o!'ectives, olicies, functions, lans,rograms and ro'ects"

6; romulgate administrative issuances necessary for the efficient administration of the offices under theSecretary and for ro er e%ecution of the laws relative thereto. *hese issuances shall not rescri!e enalties fortheir violation, e%ce t when e% ressly authori ed !y law"

6< E%ercise disci linary owers over officers and em loyees under the Secretary in accordance with law,including their investigation and the designation of a committee or officer to conduct such investigation"

6= A oint all officers and em loyees of the >e artment e%ce t those whose a ointments are vested in theresident or in some other a ointing authority" rovided, however, that where the >e artment is regionali ed on


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a de artment#wide !asis, the Secretary shall a oint em loyees to ositions in the second level in the regionaloffices as defined in this Code"

67 E%ercise 'urisdiction over all !ureaus, offices, agencies and cor orations under the >e artment as arerovided !y law, and in accordance with the a lica!le relationshi s as s ecified in Cha ters 7, $, and 9 of this

?oo3"

6$ >elegate authority to officers and em loyees under the Secretary s direction in accordance with this Code"and

69 erform such other functions as may !e rovided !y law.

i ! 8. Submission of Performance Evaluation #eports. # *he Secretary shall formulate and enforce a system of measuringevaluating eriodically and o!'ectively the erformance of the >e artment and su!mit the same annually to the resident.

i ! 9. Submission of +ud!et Estimates. # *he Secretary shall re are and su!mit to the resident through the >e artmentudget and Fanagement an estimate of the necessary e% enditures of the de artment during the ne%t fiscal year, on the !asishe re orts and estimates su!mitted !y !ureaus and officers under him.

i ! 1). Po-ers and Duties of the )ndersecretary. # *he 0ndersecretary shall2

61 Advise and assist the Secretary in the formulation and im lementation of de artment o!'ectives and olicies"

68 )versee all the o erational activities of the de artment for which he shall !e res onsi!le to the Secretary"

6 Coordinate the rograms and ro'ects of the de artment and !e res onsi!le for its economical, efficient andeffective administration"

6; Serve as de uty to the Secretary in all matters relating to the o erations of the de artment"

6< *em orarily discharge the duties of the Secretary in the latter s a!sence or ina!ility to discharge his duties forany cause or in case of vacancy of the said office, unless otherwise rovided !y law. Where there are more thanone 0ndersecretary, the Secretary shall allocate the foregoing owers and duties among them. *he residentshall li3ewise ma3e the tem orary designation of Acting Secretary from among them" and

6= erform such other functions and duties as may !e rovided !y law.

i ! 11. Duties and (unctions of the %ssistant Secretary. # *he Assistant Secretary shall erform such duties and functions as!e rovided !y law or assigned to him !y the Secretary.

APTER %PARTMENT SERVICES

i ! 12. Department Services . # E%ce t as otherwise rovided !y law, each >e artment shall have >e artment Servicesch shall include the lanning Service, the +inancial and Fanagement Service, the Administrative Service, and wheneveressary the *echnical and :egal Services.

i ! 1% . Plannin! Service. # *he lanning Service shall rovide the de artment with economical, efficient and effectiveices relating to lanning, rogramming, and ro'ect develo ment, and discharge such other functions as may !e rovided !y


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Where the wor3 of the de artment does not call for su!stantial lanning and rogramming, the lanning Service shall !estituted as a single unit without su!divisions. Where su!stantial rimary data#gathering is essential to the o erations of theartment, a statistical unit may !e constituted as art of a technical service.

i ! 1&. (inancial and ana!ement Services. # *he +inancial and Fanagement Services shall advise and assist theretary on financial and management matters and shall erform such other functions as may !e rovided !y law.

i ! 1'. %dministrative Service. # *he Administrative Service shall rovide the >e artment with economical, efficient andctive services relating to ersonnel, legal assistance, information, records, delivery and recei t of corres ondence, su lies,

ment, collections, dis!ursement, security and custodial wor3. t shall also erform such other functions as may !e rovidedaw.

i ! 1(. Technical Service. # Whenever necessary, one or more technical services shall !e esta!lished to ta3e charge ofnical staff activities essential to a de artment and which cannot !e allocated to the three other services or to the !ureaus.

i ! 17. "e!al Service. # A :egal Service shall !e rovided where the o erations of the de artment involve su!stantial legal3, in which case the Administrative Service shall not have a :egal >ivision. *he :egal Service shall rovide legal advice to the

artment" inter ret laws and rules affecting the o eration of the de artment" re are contracts and instruments to which theartment is a arty, and inter ret rovisions of contracts covering wor3 erformed for the de artment !y rivate entities" assist

he romulgation of rules governing the activities of the de artment" re are comments on ro osed legislation concerning theartment" answer legal 5ueries from the u!lic" assist the Solicitor &eneral in suits involving the >e artment or its officers, orloyees or act as their rinci al counsel in all actions ta3en in their official ca acity !efore 'udicial or administrative !odies"erform such other functions as may !e rovided !y law.

ere the wor3load of the de artment does not warrant a :egal Service or a :egal >ivision, there shall !e one or more legalstants in the )ffice of the Secretary.

APTER &REAUS

i ! 18. +ureaus in General. #

61 A ?ureau is any rinci al su!division of the de artment erforming a single ma'or function or closely relatedfunctions. ?ureaus are either staff or line.

68 Each !ureau shall !e headed !y a >irector who may have one or more Assistant >irectors as rovided !y law"and

6 Each !ureau may have as many divisions as are rovided !y law for the economical, efficient and effectiveerformance of its functions.

i ! 19. Staff +ureau. #

61 A staff !ureau shall rimarily erform olicy, rogram develo ment and advisory functions.

68 *he >irector of a staff !ureau shall2

6a Advise and assist the )ffice of the Secretary on matters ertaining to the ?ureau s area ofs eciali ation"


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6! rovide consultative and advisory services to the regional offices of the de artment"

6c >evelo lans, rograms, o erating standards, and administrative techni5ues for the attainment of theo!'ectives and functions of the !ureau" and

6d erform such other duties as may !e rovided !y law.

6 *he staff !ureau shall avail itself of the lanning, financial and administrative services in the de artmentro er. *he !ureau may have a se arate administrative division, if circumstances so warrant.

i ! 2). "ine +ureau. #

61 A line !ureau shall directly im lement rograms ado ted ursuant to de artment olicies and lans.

68 *he >irector of a line !ureau shall2

6a E%ercise su ervision and control over all division and other units, including regional offices, under the!ureau"

6! Esta!lish olicies and standards for the o erations of the !ureau ursuant to the lans and rogramsof the de artment"

6c romulgate rules and regulations necessary to carry out !ureau o!'ectives, olicies and functions" and

6d erform such other duties as may !e rovided !y law.

1. *he line !ureau may have staff units, as may !e necessary, corres onding to the services of thede artment ro er. f the !ureau is small, only a single unit erforming com!ined staff functions may !e

rovided.

APTER '$D OFFICES

i ! 21. #e!ional ,ffices. # Regional )ffices shall !e esta!lished according to law defining field service areas. *heinistrative regions shall !e com osed of a (ational Ca ital Region and Regions to I . rovincial and district offices may !e!lished only !y law whenever necessary.

i ! 22. /nte!ration of (ield Service. # E%ce t as otherwise rovided !y law and when the needs of the service so re5uire, theartment or agency shall organi e an integrated regional office on a de artment or agency#wide !asis.

i ! 2%. %dministration of #e!ional ,ffice. # *he regional office shall !e headed !y a Regional >irector who may !e assistedne 61 Assistant Regional >irector, e%ce t as may otherwise !e rovided !y law. *he Regional >irector shall !e res onsi!lede artment or agency functions erformed in the region under his 'urisdiction.

i ! 2&. Supervision of #e!ional ,ffices. #

61 Whenever the function or activity of a de artment or agency re5uires central or interregional action, thefunction may !e erformed !y the regional offices under the su ervision and control of the de artment ro er or


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line !ureau concerned.

68 *he staff !ureau or division shall erform rimarily advisory or au%iliary functions and e%ercise in !ehalf of thede artment or agency functional su ervision over the regional offices. *his shall include authority to develo andset down standards, olicies and rocedures to !e im lemented !y o erating units, and to evaluate continuouslysuch im lementation for the ur ose of recommending or when authori ed, ta3ing corrective measures.

i ! 2'. ,r!anization of #e!ional ,ffices. # Regional offices organi ed on a de artment wide !asis shall have units oronnel in which the functional areas of the staff !ureaus and services in the de artment shall !e re resented. Regional officesline !ureau may have units or ersonnel in which the functional areas of the rimary units of the !ureau are re resented.

ated functions of regional units shall !e consolidated.

i ! 2(. (unctions of a #e!ional ,ffice. #

61 A regional office shall2

6a m lement laws, olicies, lans, rograms, rules and regulations of the de artment or agency in theregional area"

6! rovide economical, efficient and effective service to the eo le in the area"

6c Coordinate with regional offices of other de artments, !ureaus and agencies in the area"

6d Coordinate with local government units in the area" and

6e erform such other functions as may !e rovided !y law.

68 >istrict offices may !e esta!lished only in cases of clear necessity.

i ! 27. Duties of a #e!ional Director. # *he Regional >irector shall2

61 m lement laws, olicies, rules and regulations within the res onsi!ility of the agency"

68 m lement agency rograms in the region"

6 E%ercise the management functions of lanning organi ing, directing and controlling

6; A oint ersonnel to ositions in the first level and casual and seasonal em loyees" and e%ercise disci linaryactions over them in accordance with the Civil Service :aw"

6< A rove sic3, vacation and maternity leaves of a!sence with or without ay, for a eriod not !eyond one year"

6= re are and su!mit !udget ro osals for the region to the central office, administer the !udget of the regionaloffice, authori e dis!ursement of funds ursuant to a roved financial and wor3 rograms, and administer the!udget control machinery in the region"

67 A rove re5uisition for su lies, materials and e5ui ment, as well as !oo3s and eriodicals, and other itemsfor the region, in accordance with the a roved su ly rocurement rogram"


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6$ (egotiate and enter into contracts for services or furnishing su lies, materials and e5ui ment to the regionaloffice involving an amount not e%ceeding fifty thousand esos 6


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68 *he head of !ureau or office may, in the interest of economy, designate the assistant head to act as chief ofany division or unit within the organi ation, in addition to his duties, without additional com ensation" and

6 n the a!sence of s ecial restriction rescri!ed !y law, nothing shall revent a su!ordinate officer or em loyeefrom !eing assigned additional duties !y ro er authority, when not inconsistent with the erformance of theduties im osed !y law.

i ! %2. %ctin! 1ead of +ureau or ,ffice. # n case of the a!sence or disa!ility of the head of a !ureau or office, his dutiesl !e erformed !y the assistant head. When there are two or more assistant heads, the Secretary shall ma3e thegnation. n the a!sence of an assistant head, the Secretary may designate any officer or em loyee of the !ureau or office asng head without additional com ensation.

i ! %%. Performance of Duties of Subordinate ,fficers Temporarily %bsent. # n case of the tem orary a!sence or disa!ilityny su!ordinate officer or em loyee in any !ureau or office, its head may, su!'ect to e%isting laws, rules and regulations,gnate any other su!ordinate officer or em loyee within the organi ation to erform tem orarily the duties of the a!sent or!led erson.

i ! %&. (illin! of 3acancies. # @acancies caused !y death, resignation or removal of any officer or su!ordinate may !eorarily filled in the same manner as in the case of tem orary a!sence or disa!ility. *he vacancies shall not !e filled !y

manent a ointment, until the e% iration of any leave allowa!le to the redecessor, unless the e%igencies of the serviceuire that the a ointment !e made immediately.

i ! %'. Po-er to #e$uire +onds . #

61 *he head of each !ureau or office shall, consistent with law, rules and regulations, rescri!e the form and fi%the amount of all !onds e%ecuted !y rivate arties to the government under the laws ertaining to his !ureau oroffice. He shall ass on the sufficiency of the security and retain ossession of the !ond.

68 When it a ears that any such !ond is insufficient, the head may re5uire additional security. He may withdraw

the rivilege secured !y the !ond u on failure of the arty to give additional security within the eriod fi%ed in thenotice, !ut such an action shall !e without re'udice to the lia!ility of any erson or ro erty already o!ligated.

i ! %(. %uthority to Prescribe (orms and /ssue #e!ulations. #

61 *he head of a !ureau or office shall rescri!e forms and issue circulars or orders to secure the harmoniousand efficient administration of his !ureau or office and to carry into full effect the laws relating to matters within his

'urisdiction. enalties shall not !e rescri!ed in any circular or order for its violation, e%ce t as e% ressly allowed!y law"

68 Heads of !ureaus or offices are authori ed to issue orders regarding the administration of their internal affairsfor the guidance of or com liance !y their officers and em loyees"

6 Regional directors are authori ed to issue circulars of urely information or im lementing nature and ordersrelating to the administration of the internal affairs of regional offices and units within their su ervision" and

6; ssuances under aragra hs 68 and 6 hereof shall not re5uire, for their effectivity, a roval !y the Secretaryor other authority.

i ! %7. %nnual #eports. #


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61 All heads of !ureaus or offices of the national government shall render annual re orts to their res ectiveSecretaries on or !efore the last day of +e!ruary of each year.

68 *he re orts shall contain concise statements of accom lishments and assessment of the rogress attained interms of a roved rograms and ro'ects, including ertinent financial statements on e% enditures incurred intheir im lementation during the calendar year. ?road recommendations and lans for underta3ing wor3 during theensuing eriod shall !e included together with matters s ecifically re5uired !y law or regulation to !e incor oratedtherein.

APTER 7MINISTRATIVE RE$ATIONSHIP

i ! %8. Definition of %dministrative #elationship. # 0nless otherwise e% ressly stated in the Code or in other laws definings ecial relationshi s of articular agencies, administrative relationshi s shall !e categori ed and defined as follows2

61 Su ervision and Control. # Su ervision and control shall include authority to act directly whenever a s ecificfunction is entrusted !y law or regulation to a su!ordinate" direct the erformance of duty" restrain the

commission of acts" review, a rove, reverse or modify acts and decisions of su!ordinate officials or units"determine riorities in the e%ecution of lans and rograms" and rescri!e standards, guidelines, lans and

rograms. 0nless a different meaning is e% licitly rovided in the s ecific law governing the relationshi ofarticular agencies, the word 4control4 shall encom ass su ervision and control as defined in this aragra h.

68 Administrative Su ervision. # 6a Administrative su ervision which shall govern the administrative relationshi!etween a de artment or its e5uivalent and regulatory agencies or other agencies as may !e rovided !y law,shall !e limited to the authority of the de artment or its e5uivalent to generally oversee the o erations of suchagencies and to insure that they are managed effectively, efficiently and economically !ut without interferencewith day#to#day activities" or re5uire the su!mission of re orts and cause the conduct of management audit,

erformance evaluation and ins ection to determine com liance with olicies, standards and guidelines of thede artment" to ta3e such action as may !e necessary for the ro er erformance of official functions, including

rectification of violations, a!uses and other forms of maladministration" and to review and ass u on !udgetro osals of such agencies !ut may not increase or add to them"

6! Such authority shall not, however, e%tend to2 61 a ointments and other ersonnel actions in accordance withthe decentrali ation of ersonnel functions under the Code, e%ce t a eal is made from an action of thea ointing authority, in which case the a eal shall !e initially sent to the de artment or its e5uivalent, su!'ect toa eal in accordance with law" 68 contracts entered into !y the agency in the ursuit of its o!'ectives, the reviewof which and other rocedures related thereto shall !e governed !y a ro riate laws, rules and regulations" and6 the ower to review, reverse, revise, or modify the decisions of regulatory agencies in the e%ercise of theirregulatory or 5uasi#'udicial functions" and

6c 0nless a different meaning is e% licitly rovided in the s ecific law governing the relationshi of articularagencies, the word 4su ervision4 shall encom ass administrative su ervision as defined in this aragra h.

6 Attachment. # 6a *his refers to the lateral relationshi !etween the de artment or its e5uivalent and theattached agency or cor oration for ur oses of olicy and rogram coordination. *he coordination may !eaccom lished !y having the de artment re resented in the governing !oard of the attached agency orcor oration, either as chairman or as a mem!er, with or without voting rights, if this is ermitted !y the charter"having the attached cor oration or agency com ly with a system of eriodic re orting which shall reflect the

rogress of rograms and ro'ects" and having the de artment or its e5uivalent rovide general olicies throughits re resentative in the !oard, which shall serve as the framewor3 for the internal olicies of the attached


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cor oration or agency"

6! Fatters of day#to#day administration or all those ertaining to internal o erations shall !e left to the discretionor 'udgment of the e%ecutive officer of the agency or cor oration. n the event that the Secretary and the head ofthe !oard or the attached agency or cor oration strongly disagree on the inter retation and a lication of olicies,and the Secretary is una!le to resolve the disagreement, he shall !ring the matter to the resident for resolutionand direction"

6c &overnment#owned or controlled cor orations attached to a de artment shall su!mit to the Secretaryconcerned their audited financial statements within si%ty 6=B days after the close of the fiscal year" and

6d ending su!mission of the re5uired financial statements, the cor oration shall continue to o erate on the!asis of the receding year s !udget until the financial statements shall have !een su!mitted. Should anygovernment#owned or controlled cor oration incur an o eration deficit at the close of its fiscal year, it shall !esu!'ect to administrative su ervision of the de artment" and the cor oration s o erating and ca ital !udget shall!e su!'ect to the de artment s e%amination, review, modification and a roval.

APTER 8PERVISION AND CONTRO$

i ! %9. Secretary's %uthority . #

61 *he Secretary shall have su ervision and control over the !ureaus, offices, and agencies under him, su!'ectto the following guidelines2

6a nitiative and freedom of action on the art of su!ordinate units shall !e encouraged and romoted,rather than curtailed, and reasona!le o ortunity to act shall !e afforded those units !efore control ise%ercised"

6! With res ect to functions involving discretion, e% erienced 'udgment or e% ertise vested !y law u on asu!ordinate agency, control shall !e e%ercised in accordance with said law" and

6c With res ect to any regulatory function of an agency su!'ect to de artment control, the authority of thede artment shall !e governed !y the rovisions of Cha ter 9 of this !oo3.

68 *his Cha ter shall not a ly to chartered institutions or government#owned or controlled cor orations attachedto the de artment.

i ! &). Dele!ation of %uthority. # *he Secretary or the head of an agency shall have authority over and res onsi!ility for itsration. He shall delegate such authority to the !ureau and regional directors as may !e necessary for them to im lementns and rograms ade5uately. >elegated authority shall !e to the e%tent necessary for economical, efficient and effective

lementation of national and local rograms in accordance with olicies and standards develo ed !y each de artment orncy with the artici ation of the regional directors. *he delegation shall !e in writing" shall indicate to which officer or class ofcers or em loyees the delegation is made" and shall vest sufficient authority to ena!le the delegate to discharge his assignedonsi!ility.

i ! &1. "ine +ureau %uthority. #

61 :ine !ureaus of a de artment shall e%ercise su ervision and control over their regional and other field offices.*hey shall !e directly res onsi!le for the develo ment and im lementation of lans and rograms within their


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res ective functional s eciali ations" and

68 *he regional and other field offices shall constitute the o erating arms of the !ureau concerned for the directim lementation of the lans and rograms drawn u in accordance with a roved olicies and standards. Ascounter arts of the !ureau in the region, they shall underta3e !ureau o erations within their res ective

'urisdictions, and !e directly res onsi!le to their !ureau director.

APTER 9ATIONSHIPS OF GOVERNMENT/O*NED OR CONTRO$$ED CORPORATIONS AND REGU$ATORY AGENCIES TO

E DEPARTMENT

i ! &2. Government&,-ned or Controlled Corporations . # &overnment#owned or controlled cor orations shall !e attached toa ro riate de artment with which they have allied functions, as hereinafter rovided, or as may !e rovided !y e%ecutiver, for olicy and rogram coordination and for general su ervision rovided in ertinent rovisions of this Code.

order to fully rotect the interests of the government in government#owned or controlled cor orations, at least one#third 61 of mem!ers of the ?oards of such cor orations should either !e a Secretary, or 0ndersecretary, or Assistant Secretary.

i ! &%. #e!ulatory %!encies. #

61 A regulatory agency shall !e su!'ect to the administrative su ervision of the de artment under which they arelaced, e%ce t when they are government cor orations in which case they shall !e governed !y the rovisions of

the receding section"

68 *he heads of regulatory agencies shall su!mit annually, for the a roval of the Secretary concerned, their!udgets and wor3 lans which shall !e the !asis of their day#to#day o erations" and

6 *he regulatory agencies may avail themselves of the common au%iliary and management services of thede artment as may !e convenient and economical for their o erations.

APTER 1)POINTMENTS AND UA$IFICATIONS

i ! &&. %ppointment of Secretaries. # *he Secretaries of >e artments shall !e a ointed !y the resident with the consenthe Commission on A ointments, at the !eginning of his term of office, and shall hold office, unless sooner removed, until the

iration of his term of office, or until their successors shall have !een a ointed and 5ualified.

i ! &'. 5ualifications of Secretaries. # *he Secretaries shall !e citi ens of the hili ines and not less than twenty#five yearsge.

i ! &(. %ppointments of )ndersecretaries and %ssistant Secretaries. # *he 0ndersecretaries and Assistant Secretaries of

artments shall, u on the nomination of the Secretary of the >e artment concerned, !e a ointed !y the resident.

i ! &7. %ppointment to other Senior Positions and their E$uivalents. # >irectors and Assistant >irectors of ?ureaus,ional and Assistant Regional >irectors, >e artment Service Chiefs, and their E5uivalents shall !e a ointed !y the residentccordance with law, rules and regulations.

i ! &8. Dis$ualification of the spouse and relatives of the President. # *he s ouse and relatives !y consanguinity or affinityhin the fourth civil degree of the resident shall not during his tenure !e a ointed as Secretaries, 0ndersecretaries,


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irmen or heads of !ureaus or offices including government#owned or controlled cor orations and their su!sidiaries.

i ! &9. /nhibitions %!ainst 1oldin! ore than T-o Positions . # Even, if allowed !y law or !y the rimary functions of hisition, a mem!er of the Ca!inet, undersecretary, assistant secretary or other a ointive official of the E%ecutive >e artment, in addition to his rimary osition, hold not more than two ositions in the government and government#owned cor orationsreceive the corres onding com ensation therefor2 rovided, that this limitation shall not a ly to ad hoc !odies ormittees, or to !oards, councils or !odies of which the resident is the Chairman.

Secretary, 0ndersecretary, Assistant Secretary or other a ointive official of the E%ecutive >e artment holds more ositionswhat is allowed in the receding aragra h, he must relin5uish the e%cess ositions in favor of a su!ordinate official who ist in ran3, !ut in no case shall any official hold more than two ositions other than his rimary osition.

APTER 11MINISTRATIVE ISSUANCES

i ! '). General Classification of /ssuances . # *he administrative issuances of Secretaries and heads of !ureaus, offices orncies shall !e in the form of circulars or orders.

61 Circulars shall refer to issuances rescri!ing olicies, rules and regulations, and rocedures romulgatedursuant to law, a lica!le to individuals and organi ations outside the &overnment and designed to su lementrovisions of the law or to rovide means for carrying them out, including information relating thereto" and

68 )rders shall refer to issuances directed to articular offices, officials, or em loyees, concerning s ecificmatters including assignments, detail and transfer of ersonnel, for o!servance or com liance !y all concerned.

i ! '1. Numberin! System of /ssuances. # Every circular or order issued ursuant to the receding section shall ro erly !etified as such and chronologically num!ered. Each class of issuance shall !egin with num!er 1 of each calendar year .

i ! '2. ,fficial "o!boo . # Each de artment, !ureau, office or agency shall 3ee and reserve a log!oo3 in which shall !e

rded in chronological order, all final official acts, decisions, transactions or contracts, ertaining to the de artment, !ureau,ce or agency. Whenever the erformance of an official act is in issue, the date and the time record in the log!oo3 shall !erolling. *he log!oo3 shall !e in the custody of the chief Administrative )fficer concerned and shall !e o en to the u!lic forection.

i ! '%. Government&-ide %pplication of the Classification of /ssuances. #

61 *he Records Fanagement and Archives )ffice in the &eneral Services Administration shall rovide suchassistance as may !e necessary to effect general adherence to the foregoing classification of issuances,including the conduct of studies for develo ing su!#classifications and guidelines to meet eculiar needs" and

68 All administrative issuances of a general or ermanent character shall !e com iled, inde%ed and u!lished

ursuant to the rovisions of this Code.

APTER 12CE$$ANEOUS RECEIPTS

i ! '&. Char!es for Property Sold or Services #endered7 #efunds. #

61 +or services re5uired !y law to !e rendered for a fee, for su lies furnished, or articles of any 3ind sold toother divisions of the government or to any erson, the head of !ureau, office or agency may, u on a roval of


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the Secretary charge and collect the cost of the service, su lies, or articles or other rate in e%cess of costrescri!ed !y law or a roved !y the same authority. +or local governments, the rate, e%ce t where otherwiserescri!ed !y law, shall !e a

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