EXECUTIVE ORDER NO. 292
INSTITUTING THE "ADMINISTRATIVE CODE OF 1987"
July 25, 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of its provisions resulted in the Administrative Code of 1978 which, however, was never published and later expressly repealed;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 the powers vested in me by the Constitution, do hereby
promulgate the Administrative Code of 1987, as follows:
Sec. 1. Title. - This Act shall be known as the Administrative Code of 1987."
Sec. 2. General Terms Defined. - Unless the specific words of the text, or the context as a whole, or a particular statute, shall require a different meaning:
(1) "Government of the Republic of the Philippines" refers to the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government.
(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.
SOVEREIGNTY AND GENERAL ADMINISTRATION
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.
(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.
STATE IMMUNITY FROM SUIT
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
NATIONAL SYMBOLS AND OFFICIAL LANGUAGES
(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. It shall be sung or played upon the opening or start of all state celebrations or gatherings and on such other occasions as may be prescribed by appropriate rules and regulations.
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
OPERATION AND EFFECT OF LAWS
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. In 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.
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. It shall
be sold and distributed by the National Printing Office which shall promptly
mail copies thereof to subscribers free of postage.
REGULAR HOLIDAYS AND NATIONWIDE SPECIAL DAYS
(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.
LEGAL WEIGHTS MEASURES AND PERIOD
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.
GENERAL PRINCIPLES GOVERNING PUBLIC OFFICERS
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.
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.
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.
PUBLIC CONTRACTS AND CONVEYANCES
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.
DISTRIBUTION OF POWERS OF GOVERNMENT
BASIC PRINCIPLES AND POLICIES
Sec. 1. Guiding Principles and Policies in Government. - Governmental power shall be exercised in accordance with the following basic principles and policies:
(1) The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.
(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.
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
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.
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.
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.
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.
OFFICE OF THE PRESIDENT
POWERS OF THE PRESIDENT
POWER OF CONTROL
Sec. 1. Power of Control.- The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.
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
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.
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.
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.
GENERAL SUPERVISION OVER
Sec. 18. General Supervision Over Local Governments. - The President shall exercise general supervision over local governments.
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.
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 for the President Proper. - (1) The Office of the President Proper shall consist of the Private Office, the Executive Office, the Common Staff Support System, and the Presidential Special Assistants/Advisers System;
(2) The Executive Office refers to the Offices of the Executive Secretary, Deputy Executive Secretaries and Assistant Executive Secretaries;
(3) The Common Staff Support System embraces the offices or units under the general categories of development and management, general government administration and internal administration; and
(4) The President Special Assistants/Advisers System includes such special assistants or advisers as may be needed by the President.
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.
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 chieve 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 government agency directly responsible to the Office of the President for providing staff assistance in the Presidential exercise of overall management of the development process. It shall have such organization, powers and functions as are prescribed by law;
(3) General Government Administration Staff which shall provide the President with staff support on matters concerning general government administration relative to the operations of the national government including the provision of legal services, administrative services, staff work on political and legislative matters, information and assistance to the general public, measures toward resolution of complaints against public officials and employees brought to the attention of the Office of the President and such other matters as the President may assign;
(4) Internal Administrative Staff which shall render auxiliary and support services for the internal administration of the Office of the President.
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.
FUNCTIONS OF THE AGENCIES
UNDER THE OFFICE OF THE PRESIDENT
Sec. 30. Function of Agencies Under the Office of the President. - Agencies under the Office of the President shall continue to operate and function in accordance with their respective charters or laws creating them, except as otherwise provided in this Code or by law.
Sec. 31. Continuing Authority of the President to Reorganize his Office. - The President, subject to the policy in the Executive Office and in order to achieve simplicity, economy and efficiency, shall have continuing authority to reorganize the administrative structure of the Office of the President. For this purpose, he may take any of the following actions:
(1) Restructure the
internal organization of the Office of the President Proper, including the
immediate Offices, the Presidential Special Assistants/Advisers System and the
Common staff Support System, by abolishing, consolidating or merging units
thereof or transferring functions from one unit to another;
THE EXECUTIVE BRANCH
Sec. 1. Purpose and Number of Departments. - The Executive Branch shall have such Departments as are necessary for the functional distribution of the work of the President and for the performance of their functions.
AND ASSISTANT SECRETARIES
(1) Advise and assist the Secretary in the formulation and implementation of department objectives and policies;
(a) Advise and assist the Office of the Secretary on matters pertaining to the Bureau's area of specialization;
(3) The staff bureau shall avail itself of the planning, financial and administrative services in the department proper. The bureau may have a separate administrative division, if circumstances so warrant.
(a) Exercise supervision and control over all division and other units, including regional offices, under the bureau;
(a) Implement laws, policies, plans, programs, rules and regulations of the department or agency in the regional area;
(1) Implement laws, policies, rules and regulations within the responsibility of the agency;
POWERS AND DUTIES OF HEADS OF
BUREAUS OR OFFICES
SUPERVISION AND CONTROL
(2) This Chapter shall not apply to chartered institutions or government-owned or controlled corporations attached to the department.
RELATIONSHIP OR GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS AND REGULATORY AGENCIES TO THE DEPARTMENT
APPOINTMENTS AND QUALIFICATIONS
CONTROVERSIES AMONG GOVERNMENT
OFFICES AND CORPORATIONS
BOARD OF FOREIGN SERVICE ADMINISTRATION
BOARD OF FOREIGN SERVICE EXAMINERS
THE FOREIGN SERVICE
ATTACHES AND REPRESENTATIVES
APPOINTMENTS, COMPENSATION AND BENEFITS
ASSIGNMENTS AND TRANSFERS
OFFICE OF THE GOVERNMENT
NATIONAL BUREAU OF INVESTIGATION
PUBLIC ATTORNEY'S OFFICE
BOARD OF PARDONS AND PAROLE
PAROLE AND PROBATION ADMINISTRATION
BUREAU OF CORRECTIONS
LAND REGISTRATION AUTHORITY
BUREAU OF IMMIGRATION
COMMISSION ON THE SETTLEMENT OF LAND PROBLEMS
OFFICE OF THE SOLICITOR GENERAL
-Chapter 6 - ATTACHED AGENCIES
PUBLIC WORKS AND HIGHWAYS
EDUCATION, CULTURE AND SPORTS
BOARD OF HIGHER EDUCATION
STATE COLLEGES AND UNIVERSITIES
BUREAUS AND OFFICES
LABOR AND EMPLOYMENT
NATIONAL DEFENSE POLICIES
NATIONAL SECURITY COUNCIL
NATIONAL INTELLIGENCE COORDINATING AGENCY
DEPARTMENT OF NATIONAL DEFENSE
OFFICE OF CIVIL DEFENSE
PHILIPPINE VETERANS AFFAIRS OFFICE
ARMED FORCES OF THE PHILIPPINES
PHILIPPINE MILITARY ACADEMY
NATIONAL DEFENSE COLLEGE OF THE PHILIPPINES
INTEGRATED NATIONAL POLICE
THE NATIONAL POLICE COMMISSION
OFFICES AND BUREAUS
TRADE AND INDUSTRY
OFFICE OF THE UNDERSECRETARY FOR DOMESTIC TRADE
OFFICE OF THE UNDERSECRETARY FOR INTERNATIONAL TRADE
OFFICE OF THE UNDERSECRETARY FOR
INDUSTRY AND INVESTMENTS
OFFICE OF THE UNDERSECRETARY FOR
Sec. 1. Declaration of Policy. - The State shall undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof.
REGIONAL AND DISTRICT OFFICES
AND ATTACHED AGENCIES
BUREAUS AND OFFICES
REGIONAL AND FIELD OFFICES
LEAGUES OF PROVINCES, CITIES
BUREAUS AND OFFICES
FOREIGN AND REGIONAL OFFICES
ENVIRONMENT AND NATURAL RESOURCES
THE DEPARTMENT PROPER
THE STAFF SECTORAL BUREAUS
THE DEPARTMENT FIELD OFFICES
ATTACHED AGENCIES AND CORPORATIONS
TRANSPORTATION AND COMMUNICATIONS
SOCIAL WELFARE AND DEVELOPMENT
BUREAUS AND OFFICES
SOCIAL WELFARE AGENCIES AND SERVICES
BUDGET AND MANAGEMENT
SCIENCE AND TECHNOLOGY
BOARD, COUNCILS AND INSTITUTES
The Center shall have the powers and functions assigned to it by law.
CIVIL SERVICE COMMISSION
Sec. 1. Declaration of Policy. - The State shall insure and promote the Constitutional mandate that appointments in the Civil Service shall be made only according to merit and fitness; that the Civil Service Commission, as the central personnel agency of the Government shall establish a career service, adopt measures to promote morale, efficiency, integrity, responsiveness, and courtesy in the civil service, strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability; that public office is a public trust and public officers and employees must at all times be accountable to the people; and that personnel functions shall be decentralized, delegating the corresponding authority to the departments, offices and agencies where such functions can be effectively performed.
COVERAGE OF THE CIVIL SERVICE
ORGANIZATION AND FUNCTIONS
OF THE CIVIL SERVICE COMMISSION
PERSONNEL POLICIES AND STANDARDS
RIGHT TO SELF-ORGANIZATION
LEAVE OF ABSENCE
THE COMMISSION ON AUDIT
ORGANIZATION OF THE COMMISSION ON AUDIT
JURISDICTION, POWERS AND FUNCTIONS OF THE COMMISSION
DECISIONS OF THE COMMISSION
GOVERNMENT AUDITING AND ACCOUNTING
RECEIPT AND DISPOSITION OF FUNDS AND PROPERTY
APPLICATION OF APPROPRIATED FUNDS
ACCOUNTABILITY AND RESPONSIBILITY
FOR GOVERNMENT FUNDS AND PROPERTY
COMMISSION ON ELECTIONS
THE COMMISSION PROPER
THE FIELD OFFICES
COMMISSION ON HUMAN RIGHTS
OFFICE OF THE OMBUDSMAN
THE NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY
(1) Philippine Institute for Development Studies:
(2) Philippine National Volunteer Service Coordinating
(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.
NATIONAL GOVERNMENT BUDGETING
Sec. 1. Constitutional Policies on the Budget. - (1) All appropriations, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives but the Senate may propose or concur with amendments.
Chapter 2 - BUDGET POLICY AND APPROACH
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 she 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 provided for a lump-sum for merit increases, subject to such terms and conditions as may be approved by the President. Such lump-sum shall be used to fund salary increases approved by the head of agency in recognition of meritorious performance: Provided, That the Civil Service Commission and the Department of Budget shall jointly issue the rules and regulations governing the granting of such merit increases.
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.
Sec. 1. Scope. - This Book shall be applicable to all agencies as defined in the next succeeding section, except the Congress, the Judiciary, the Constitutional Commissions, military establishments in all matters relating exclusively to Armed Forces personnel, the Board of Pardons and Parole, and state universities and colleges.
RULES AND REGULATIONS
ADMINISTRATIVE APPEAL INCONTESTED CASES
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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