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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which, however, was never published and later expressly repealed; WHEREAS, the effectiveness of the Government will be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: INTRODUCTORY PROVISIONS
Sec. 1. Title. - This Act shall be known as the Administrative Code of 1987."
Sec. 2. General Terms Defined. - Unless the specific words of the text, or the
context as a whole, or a particular statute, shall require a different meaning: (1) "Government
of the Republic of the Philippines" refers to the corporate
governmental entity through which the functions of government are exercised
throughout the Philippines, including, save as the contrary appears from the
context, the various arms through which political authority is made effective
in the Philippines, whether pertaining to the autonomous regions, the
provincial, city, municipal or barangay subdivisions or other forms of local
government. (2) "National Government" refers to
the entire machinery of the central government, as distinguished from the
different forms of local governments. (3) "Local Government" refers to
the political subdivisions established by or in accordance with the
Constitution. (4) "Agency of the Government"
refers to any of the various units of the Government, including a department,
bureau, office, instrumentality, or government-owned or controlled corporations,
or a local government or a distinct unit therein. (5) "National agency" refers to a
unit of the National Government. (6) "Local agency" refers to a
local government or a distinct unit therein. (7) "Department" refers to an
executive department created by law. For purposes of Book IV, this shall
include any instrumentality, as herein defined, having or assigned the rank of
a department, regardless of its name or designation. (8) "Bureau" refers to any
principal subdivision or unit of any department. For purposes of Book IV, this
shall include any principal subdivision or unit of any instrumentality given or
assigned the rank of a bureau, regardless of actual name or designation, as in
the case of department-wide regional offices. (9) "Office" refers, within the
framework of governmental organization, to any major functional unit of a
department or bureau including regional offices. It may also refer to any
position held or occupied by individual persons, whose functions are defined by
law or regulation. (10) "Instrumentality" refers to
any agency of the National Government, not integrated within the department
framework vested within special functions or jurisdiction by law, endowed with
some if not all corporate powers, administering special funds, and enjoying
operational autonomy, usually through a charter. This term includes regulatory
agencies, chartered institutions and government-owned or controlled
corporations. (11) "Regulatory agency" refers to
any agency expressly vested with jurisdiction to regulate, administer or
adjudicate matters affecting substantial rights and interests of private
persons, the principal powers of which are exercised by a collective body, such
as a commission, board or council. (12) "Chartered institution" refers
to any agency organized or operating under a special charter, and vested by law
with functions relating to specific constitutional policies or objectives. This
term includes the state universities and colleges and the monetary authority of
the State. (13) "Government-owned or controlled
corporation" refers to any agency organized as a stock or non-stock
corporation, vested with functions relating to public needs whether
governmental or proprietary in nature, and owned by the Government directly or
through its instrumentalities either wholly, or, where applicable as in the
case of stock corporations, to the extent of at least fifty-one (51) per cent
of its capital stock: Provided, That government-owned or controlled
corporations may be further categorized by the Department of the Budget, the
Civil Service Commission, and the Commission on Audit for purposes of the
exercise and discharge of their respective powers, functions and
responsibilities with respect to such corporations. (14) "Officer" as distinguished
from "clerk" or "employee", refers to a
person whose duties, not being of a clerical or manual nature, involves the
exercise of discretion in the performance of the functions of the government.
When used with reference to a person having authority to do a particular act or
perform a particular function in the exercise of governmental power, "officer"
includes any government employee, agent or body having authority to do the act
or exercise that function. (15) "Employee",
when used with reference to a person in the public service, includes any person
in the service of the government or any of its agencies, divisions,
subdivisions or instrumentalities.
BOOK I SOVEREIGNTY AND GENERAL
ADMINISTRATION Chapter 1 THE NATIONAL TERRITORY Sec. 3. What Comprises National
Territory. - The national territory comprises the Philippine archipelago, with
all the islands and waters embraced therein, and all other territories over
which the Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial, and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other submarine areas. The waters
around, between, and connecting the islands of the archipelago, regardless of
their breadth and dimensions, form part of the internal waters of the
Philippines. Sec. 4. Territorial Subdivision
of the Philippines. - The territorial and political subdivisions of the
Philippines are the autonomous regions, provinces, subprovinces, cities,
municipalities and barangays. Chapter 2 THE PEOPLE (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. Chapter 3 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
functions. Chapter 4 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
languages. Chapter 5 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. Chapter 6 OFFICIAL GAZETTE 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. Chapter 7 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. Chapter 8 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.
Chapter 9 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. Chapter 10 OFFICIAL OATHS Sec. 41. Officers Authorized to
Administer Oath. - (1) The following officers have general authority to
administer oath: Notaries public, members of the judiciary, clerks of courts,
the Secretary of the either House of the Congress of the Philippines, of
departments, bureau directors, registers of deeds, provincial governors and
lieutenant-governors, city mayors, municipal mayors and any other officer in
the service of the government of the Philippines whose appointment is vested in
the President. (2) Oaths may also be
administered by any officer whose duties, as defined by law or regulation,
require presentation to him of any statement under oath.. Sec. 42. Duty to Administer Oath.
- Officers authorized to administer oaths, with the exception of notaries
public, municipal judges and clerks of court, are not obliged to administer
oaths or execute certificates save in matters of official business; and with
the exception of notaries public, the officer performing the service in those
matters shall charge no fee, unless specifically authorized by law. Chapter 11 OFFICIAL REPORTS Sec. 44. Contents of Reports. -
The contents of the annual reports shall be prescribed by law or, in the
absence thereof, by executive order. Sec. 45. Special Reports. - Each
chief of Bureau or other officer of the government shall make such special
reports concerning the work of his Bureau or Office as may from time to time be
required of him by the President of the Philippines or Head of Department. Sec. 46. Deposit with Archives. -
Official copies of annual reports shall be deposited with the National Archives
and shall be open to public inspection.
Chapter 12 PUBLIC CONTRACTS AND
CONVEYANCES Sec. 48. Official Authorized to
Convey Real Property. - Whenever real property of the Government is authorized
by law to be conveyed, the deed of conveyance shall be executed in behalf of
the government by the following: (1) For property belonging to and
titled in the name of the Republic of the Philippines, by the President, unless
the authority therefor is expressly vested by law in another officer. (2) For property belonging to the
Republic of the Philippines but titled in the name of any political subdivision
or of any corporate agency or instrumentality, by the executive head of the
agency or instrumentality. Sec. 49. Authority to Convey
other Property. - Whenever property other than real is authorized to be
conveyed, the contract or deed shall be executed by the head of the agency with
the approval of the department head. Where the operations of the agency
regularly involve the sale or other disposition of personal property, the deed
shall be executed by any officer or employee expressly authorized for that
purpose. Sec. 50. Conveyance of National
Government Property to Local Governments. - When the real property belonging to
the National Government is needed for school purposes, or other official use by
any local government, the President shall authorize its transfer, and the
department head or other authority concerned shall execute in favor of the
local government the necessary deed of conveyance by way of gift, sale,
exchange, or otherwise, and upon such terms as shall be for the interest of the
parties concerned. Nothing herein provided shall be deemed to authorize the
conveyance of unreserved public land, friar land or any real property held by
the Government in trust or for a special purpose defined by law. Sec. 51. Execution of Contracts.
- (1) Contracts in behalf of the Republic of the Philippines shall be executed
by the President unless authority therefor is expressly vested by law or by him
in any other public officer. (2) Contracts in behalf of the
political subdivisions and corporate agencies or instrumentalities shall be
approved by their respective governing boards or councils and executed by their
respective executive heads. BOOK II DISTRIBUTION OF POWERS OF
GOVERNMENT Chapter 1 BASIC PRINCIPLES AND
POLICIES
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. Chapter 2 LEGISLATIVE POWER
Sec. 2. Seat of Legislative Power. - The legislative power shall be vested in
the Congress of the Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the
Constitutional provision on initiative and referendum. Sec. 3. Inhibitions Against
Members of Congress. - (1) No Senator or Member of the House of Representatives
may hold any other office or employment in the Government, or any subdivision
agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries, during his term without forfeiting his
seat. Neither shall he be appointed to any office which may have been created
or the emoluments thereof increased during the term for which he was elected. (2) No Senator or Member of the
House of Representatives may personally appear as counsel before any court of
justice or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies. Neither shall he, directly or indirectly, be interested
financially in any contract with, or in any franchise or special privilege
granted by the Government, or any subdivision, agency or instrumentality
thereof including any government-owned or controlled corporation, or its
subsidiary, during his term of office. He shall not intervene in any matter
before any office of the Government for his pecuniary benefit or where he may
be called upon to act on account of his office. Sec. 4. Electoral Tribunal. - The
Senate and the House of Representatives shall each have an Electoral Tribunal
which shall be the sole judge of all contests relating to the election, returns,
and qualifications of their respective Members. Each Electoral Tribunal shall
be composed of nine (9) Members, three (3) of whom shall be Justices of the
Supreme Court to be designated by the Chief Justice, and the remaining six (6)
shall be Members of the Senate or the House of Representatives, as the case may
be, who shall be chosen on the basis of proportional representation from the
political parties and the parties or organizations registered under the
party-list system represented therein. The senior Justice in the Electoral
Tribunal shall be its Chairman. Sec. 5. Commission on
Appointments. - There shall be a Commission on Appointments consisting of the
President of the Senate, as ex officio Chairman, and twelve (12) Senators and
twelve (12) Members of the House of Representatives, elected by each House on
the basis of proportional representation from the political parties and parties
or organizations registered under the party-list system represented therein.
The Chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty (30)
session days of the Congress from their submission. The Commission shall rule
by a majority vote of all its Members.
Sec. 6. Legislative
Investigation. - The Senate or the House of Representatives or any of its
respective committees may conduct inquiries in aid of legislation in accordance
with its duly published rules of procedure. The rights of persons appearing in
or affected by such inquiries shall be respected. Sec. 7. Appearance of Heads of
Departments.- The heads of departments may upon their own initiative, with the
consent of the President, or upon the request of either House, as the rules of
each House shall provide, appear before and be heard by such House on any
matter pertaining to their departments. Written questions shall be submitted to
the President of the Senate or the Speaker of the House of Representatives at
least three (3) days before their scheduled appearance. Interpellations shall
not be limited to written questions, but may cover matters related thereto.
When the security of the State or the public interest so requires and the
President so states in writing, the appearance shall be conducted in executive session. Sec. 8. Initiative and
Referendum.- The Congress shall, as early as possible, provide for a system of
initiative and referendum and the exceptions therefrom, whereby the people can
directly propose and enact laws or approve or reject any act or law or part
thereof passed by the Congress or local legislative body after the registration
of a petition therefor signed by at least ten (10) per centum of the total
number of registered voters, of which every legislative district must be
represented by at least three (3) per centum of the registered voters thereof. Sec. 9. Power to Propose
Constitutional Amendments. - (1) Any amendment to, or revision of the
Constitution may be proposed by: (a) The Congress, upon a vote of three-fourths
(3/4) of all its Members; or (b) a constitutional convention. The Congress may,
by a vote of two-thirds (2/3) of all its Members, call a constitutional
convention, or by a majority vote of all its Members, submit to the electorate
the question of calling such a convention.
(2) Amendments to the
Constitution may likewise be directly proposed by the people through initiative
upon a petition of at least twelve (12) per centum of the total number of
registered voters, of which every legislative district must be represented by
at least three (3) per centum of the registered voters therein. No amendments
under this paragraph shall be authorized within five years following the
ratification of the 1987 Constitution nor oftener than once every five years
thereafter. The Congress shall provide for the implementation of the exercise
of this right. Sec. 10. Validity of
Constitutional Amendments.- (1) Any amendment to or revision of the
Constitution proposed by Congress or a constitutional convention shall be valid
when ratified by a majority of the votes cast in a plebiscite which shall be
held not earlier than sixty days (60) nor later than ninety days (90) after the
approval of such amendment or revision.
(2) Any amendment to or revision
of the Constitution directly proposed by the people through initiative shall be
valid when ratified by a majority of the votes cast in a plebiscite which shall
be held not earlier than sixty days (60) nor later than ninety days (90) after
the certification by the Commission on Elections of the sufficiency of the
petition. Chapter 3 EXECUTIVE POWER Sec. 12. The Vice-President. -
There shall be a Vice-President who shall have the same qualifications and term
of office and be elected with and in the same manner as the President. He may
be removed from office in the same manner as the President. The Vice-President may be
appointed as a Member of the Cabinet. Such appointment requires no
confirmation. Sec. 13. Vacancy in Office of the
President.- In case of death, permanent disability, removal from office, or
resignation of the President, the Vice-President shall become the President to
serve the unexpired term. In case of death, permanent disability, removal from
office, or resignation of both the President and Vice-President, the President
of the Senate or, in case of his inability, the Speaker of the House of
Representatives, shall then act as President until the President or
Vice-President shall have been elected and qualified. The Congress shall, by law,
provide who shall serve as President in case of death, permanent disability, or
resignation of the Acting President. He shall serve until the President or
Vice-President shall have been elected and qualified, and be subject to the
same restrictions of powers and disqualifications as the Acting President. Sec. 14. Vacancy in Office of the
Vice-President. - Whenever there is a vacancy in the Office of the
Vice-President during the term for which he was elected, the President shall
nominate a Vice-President from among the Members of the Senate and the House of
Representatives who shall assume office upon confirmation by a majority vote of
all the Members of both Houses of the Congress, voting separately. Sec. 15. Inhibitions Against Executive
Officials. - The President, Vice-President, the Members of the Cabinet, and
their deputies or assistants shall not, unless otherwise provided in this
Constitution, hold any other office or employment during their tenure. They
shall not, during said tenure, directly or indirectly practice any other
profession, participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries. They shall
strictly avoid conflicts of interest in the conduct of their office. The spouse and relatives by
consanguinity or affinity within the fourth civil degree of the President shall
not during his tenure be appointed as Members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including government-owned or
controlled corporations and their subsidiaries. Chapter 4 JUDICIAL POWER
Sec. 16. Judicial Power. - The judicial power shall be vested in one (1)
Supreme Court, and in such lower courts as may be established by law. Such
lower courts include the Court of Appeals, Sandiganbayan, Court of Tax Appeals,
Regional Trial Courts, Shari's District Courts, Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts, and Shari'a Circuit
Courts and they shall continue to exercise their respective jurisdiction until
otherwise provided by law. Judicial power includes the duty
of the courts of justice to settle actual controversies involving rights which
are legally demandable and enforceable, and, in cases prescribed by law, to
determine whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any branch or instrumentality
of the Government. Sec. 17. Composition of the
Supreme Court. - The Supreme Court shall be composed of a Chief Justice and
fourteen Associate Justices. It may sit en banc or in its discretion, in
divisions of three, five or seven Members.
Sec. 18. Jurisdiction and Powers
of Supreme Court. - The Supreme Court shall have the following powers: (1) Exercise original
jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto,
and habeas corpus. (2) Review, revise, reverse, modify, or affirm on
appeal or certiorari as the law or the Rules of Court may provide, final
judgments and orders of lower courts in:
(a) All cases in which
the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
(b) All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty imposed in relation thereto. (c) All cases in which the jurisdiction of any lower
court is in issue. (d) All criminal cases in which the penalty imposed
is reclusion perpetua or higher. (e) All cases in which only an error or question of
law is involved. (3) Assign temporarily
judges of lower courts to other stations as public interest may require. Such
temporary assignment shall not exceed six (6) months without the consent of the
judge concerned. (4) Order a change of venue or place of trial to
avoid a miscarriage of justice. (5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice, and procedure in all
courts, the admission to the practice of law, the Integrated Bar, and legal
assistance to the underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases, shall be uniform for
all courts of the same grade; and shall not diminish, increase, or modify
substantive rights. Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the Supreme Court. (6) Appoint all officials and employees of the
Judiciary in accordance with the Civil Service law.
Sec. 19. Apportionment of Jurisdiction. - Congress shall define, prescribe and
apportion the jurisdiction of the various courts but may not deprive the
Supreme Court of its jurisdiction enumerated in the immediately preceding
section. Neither shall a law be passed increasing its appellate jurisdiction as
therein specified without its advice and concurrence. No law shall be passed
reorganizing the Judiciary when it undermines the security of tenure of its
Members. Sec. 20. Administrative
Supervision.- The Supreme Court shall have administrative supervision over all
courts and the personnel thereof. Sec. 21. Judicial and Bar
Council. - (1) A Judicial and Bar Council is hereby created under the
supervision of the Supreme Court composed of the Chief Justice as ex officio
Chairman, the Secretary of Justice, and a representative of the Congress as ex
officio Member, a representative of the Integrated Bar, a professor of law, a
retired Member of the Supreme Court, and a representative of the private
sector. (2) The regular members of the
Council shall be appointed by the President for a term of four (4) years with
the consent of the Commission of Appointments. Of the Members first appointed,
the representative of the Integrated Bar shall serve for four (4) years, the
professor of law for three (3) years, the retired Justice for two (2) years,
and the representative of the private sector for one (1) year. (3) The Clerk of the Supreme
Court shall be the Secretary ex officio of the Council and shall keep a record
of its proceedings. (4) The regular Members of the
Council shall receive such emoluments as may be determined by the Supreme
Court. The Supreme Court shall provide in its annual budget the appropriations
for the Council. (5) The Council shall have the
principal function of recommending appointees to the Judiciary. It may exercise
such other functions and duties as the Supreme Court may assign to it. Sec. 22. Appointment of Members
of Judiciary. - The Members of the Supreme Court and judges of lower courts
shall be appointed by the President from a list of at least three (3) nominees
prepared by the Judicial and Bar Council for every vacancy. Such appointments
need no confirmation. For the lower courts, the
President shall issue the appointments within ninety (90) days from the submission
of the list. Sec. 23. Prohibition Against
Performing Quasi-Judicial or Administrative Functions. - The Members of the
Supreme Court and of other courts established by law shall not be designated to
any agency performing quasi-judicial or administrative functions. Chapter 5 CONSTITUTIONAL
COMMISSIONS
Sec. 24. Constitutional Commissions. - The Constitutional Commissions, which
shall be independent, are the Civil Service Commission, the Commission on
Elections, and the Commission on Audit. Sec. 25. Inhibitions Against
Constitutional Commissioners. - No member of a Constitutional Commission shall,
during his tenure, hold any other office or employment. Neither shall he engage
in the practice of any profession or in the active management or control of any
business which in anyway may be affected by the functions of his office, nor
shall he be financially interested, directly or indirectly, in any contract
with, or in any franchise or privilege granted by the Government, any of its
subdivisions, agencies, or instrumentalities, including government-owned or
controlled corporations or their subsidiaries. Sec. 26. Fiscal Autonomy. - The
Constitutional Commissions shall enjoy fiscal autonomy. The approved annual
appropriations shall be automatically and regularly released. Sec. 27. Promulgation of Rules. -
Each Commission en banc may promulgate its own rules concerning pleadings and
practice before it or before any of its offices. Such rules however shall not
diminish, increase, or modify substantive rights. Sec. 28. Decisions by the
Constitutional Commissions.- Each Commission shall decide, by a majority vote
of all its Members, any case or matter brought before it within sixty (60) days
from the date of its submission for decision or resolution. A case or matter is
deemed submitted for decision or resolution upon the filing of the last
pleading, brief, or memorandum required by the rules of the Commission or by
the Commission itself. Unless otherwise provided by the Constitution or by law,
any decision, order, or ruling of each Commission may be brought to the Supreme
Court on certiorari by the aggrieved party within thirty (30) days from receipt
of a copy thereof. Chapter 6 OTHER BODIES
Sec. 29. Other Bodies. - There shall be in accordance with the Constitution, an
Office of the Ombudsman, a Commission on Human Rights, an independent central
monetary authority, and a national police commission. Likewise, as provided in
the Constitution, Congress may establish an independent economic and planning
agency. BOOK III OFFICE OF THE PRESIDENT Title I POWERS OF THE PRESIDENT Chapter 1 POWER OF CONTROL
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. Chapter 2 ORDINANCE POWER
Sec. 2. Executive Orders. - Acts of the President providing for rules of a
general or permanent character in implementation or execution of
constitutional or statutory powers
shall be promulgated in executive orders. Sec. 3. Administrative Orders. -
Acts of the President which relate to particular aspect of governmental
operations in pursuance of his duties as administrative head shall be
promulgated in administrative orders. Sec. 4. Proclamations. - Acts of
the President fixing a date or declaring a status or condition of public moment
or interest, upon the existence of which the operation of a specific law or
regulation is made to depend, shall be promulgated in proclamations which shall
have the force of an executive order. Sec. 5. Memorandum Orders. - Acts
of the President on matters of administrative detail or of subordinate or
temporary interest which only concern a particular officer or office of the
Government shall be embodied in memorandum orders. Sec. 6. Memorandum Circulars. -
Acts of the President on matters relating to internal administration, which the
President desires to bring to the attention of all or some of the departments,
agencies, bureaus or offices of the Government, for information or compliance,
shall be embodied in memorandum circulars.
Sec. 7. General or Special
Orders.- Acts and commands of the President in his capacity as Commander-in-Chief
of the Armed Forces of the Philippines shall be issued as general or special
orders. Chapter 3 POWER OVER ALIENS
Sec. 8. Power to Deport. - The President shall have the power to deport aliens
subject to the requirements of due process. Sec. 9. Power to Change
Non-Immigrant Status of Aliens. - The President, subject to the provisions of
law, shall have the power to change the status of non-immigrants by allowing
them to acquire permanent residence status without necessity of visa. Sec. 10. Power to Countermand
Decisions of the Board of Commissioners of the Bureau of Immigration. - The
decision of the Board of Commissioners which has jurisdiction over all
deportation cases shall become final and executory after thirty (30) days from
promulgation, unless within such period the President shall order the contrary. Sec. 11. Power over Aliens under
the General Principles of International Law. - The President shall exercise
with respect to aliens in the Philippines such powers as are recognized by the
generally accepted principles of international law. Chapter 4 POWERS OF EMINENT DOMAIN,
ESCHEAT, LAND RESERVATION AND
RECOVERY OF ILL-GOTTEN WEALTH
Sec. 12. Power of Eminent Domain. - The President shall determine when it is
necessary or advantageous to exercise the power of eminent domain in
behalf of the National Government, and direct the Solicitor General, whenever
he deems the action advisable, to institute expropriation proceedings in the
proper court. Sec. 13. Power to Direct Escheat or
Reversion Proceedings. - The President shall direct the Solicitor General to
institute escheat or reversion proceedings over all lands transferred or
assigned to persons disqualified under the Constitution to acquire land. Sec. 14. Power to Reserve Lands
of the Public and Private Domain of the Government. - (1) The President shall
have the power to reserve for settlement or public use, and for specific public
purposes, any of the lands of the public domain, the use of which is not
otherwise directed by law. The reserved land shall thereafter remain subject to
the specific public purpose indicated until otherwise provided by law or
proclamation; (2) He shall also have the power
to reserve from sale or other disposition and for specific public uses or
purposes, any land belonging to the private domain of the Government, or any of
the Friar Lands, the use of which is not otherwise directed by law, and
thereafter such land shall be used for the purposes specified by such
proclamation until otherwise provided by law. Sec. 15. Power over Ill-gotten
Wealth. - The President shall direct the Solicitor General to institute
proceedings to recover properties unlawfully acquired by public officials or
employees, from them or from their nominees or transferees. Within the period fixed in, or
any extension thereof authorized by, the Constitution, the President shall have
the authority to recover ill-gotten properties amassed by the leaders and
supporters of the previous regime and protect the interest of the people
through orders of sequestration or freezing of assets or accounts. Chapter 5 POWER OF APPOINTMENT Sec. 16. Power of Appointment. -
The President shall exercise the power to appoint such officials as provided
for in the Constitution and laws. Sec. 17. Power to Issue Temporary
Designation. - (1) The President may temporarily designate an officer already
in the government service or any other competent person to perform the
functions of an office in the executive branch, appointment to which is vested
in him by law, when: (a) the officer regularly appointed to the office is
unable to perform his duties by reason of illness, absence or any other cause;
or (b) there exists a vacancy; (2) The person designated shall
receive the compensation attached to the position, unless he is already in the
government service in which case he shall receive only such additional
compensation as, with his existing salary, shall not exceed the salary authorized
by law for the position filled. The compensation hereby authorized shall be
paid out of the funds appropriated for the office or agency concerned. (3) In no case shall a temporary
designation exceed one (1) year. Chapter 6 GENERAL SUPERVISION OVER LOCAL GOVERNMENTS Sec. 18. General
Supervision Over Local Governments. - The President shall exercise general
supervision over local governments. Chapter 7 OTHER POWERS Sec. 19. Powers Under the
Constitution. - The President shall exercise such other powers as are provided
for in the Constitution. Sec. 20. Residual Powers. -
Unless Congress provides otherwise, the President shall exercise such other
powers and functions vested in the President which are provided for under the
laws and which are not specifically enumerated above, or which are not
delegated by the President in accordance with law. Title II ORGANIZATION Chapter 8 ORGANIZATION OF THE
OFFICE OF THE PRESIDENT Sec. 21. Organization. - The
Office of the President shall consist of the Office of the President Proper and
the agencies under it. Sec. 22. Office 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. Title III FUNCTIONS Chapter 9 FUNCTIONS OF THE
DIFFERENT OFFICES IN THE OFFICE OF THE
PRESIDENT PROPER A - PRIVATE OFFICE Sec. 24. Functions of the Private
Office. - The Private Office shall provide direct services to the President and
shall for this purpose attend to functions and matters that are personal
or which pertain to the First Family. B - THE EXECUTIVE OFFICE Sec. 25. Declaration of Policy. -
The Executive Office shall be fully responsive to the specific needs and
requirements of the President to 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. Chapter 10 FUNCTIONS OF THE AGENCIES UNDER THE OFFICE OF THE
PRESIDENT
Sec. 30. Function of Agencies Under the Office of the President. - Agencies
under the Office of the President shall continue to operate and function in
accordance with their respective charters or laws creating them, except as
otherwise provided in this Code or by law. Sec. 31. Continuing Authority of
the President to Reorganize his Office. - The President, subject to the policy
in the Executive Office and in order to achieve simplicity, economy and
efficiency, shall have continuing authority to reorganize the administrative
structure of the Office of the President. For this purpose, he may take any of
the following actions: (1) Restructure the
internal organization of the Office of the President Proper, including the
immediate Offices, the Presidential Special Assistants/Advisers System and the
Common staff Support System, by abolishing, consolidating or merging units
thereof or transferring functions from one unit to another; BOOK IV THE EXECUTIVE BRANCH Chapter 1 THE DEPARTMENTS Sec. 1. Purpose and Number of
Departments. - The Executive Branch shall have such Departments as are
necessary for the functional distribution of the work of the President and for
the performance of their functions.
SECRETARIES,
UNDERSECRETARIES, AND ASSISTANT SECRETARIES (1) Advise and assist the Secretary in the
formulation and implementation of department objectives and policies;
DEPARTMENT SERVICES
BUREAUS (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;
FIELD OFFICES (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
ADMINISTRATIVE
RELATIONSHIP Chapter 8 SUPERVISION AND CONTROL (2) This Chapter shall not apply
to chartered institutions or government-owned or controlled corporations
attached to the department. Chapter 9 RELATIONSHIP OR
GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS AND REGULATORY AGENCIES TO THE
DEPARTMENT Chapter 10 APPOINTMENTS AND
QUALIFICATIONS
ADMINISTRATIVE ISSUANCES
MISCELLANEOUS RECEIPTS
CONTRACTS
CONTROVERSIES AMONG
GOVERNMENT OFFICES AND CORPORATIONS
FOREIGN AFFAIRS Chapter 1 GENERAL PROVISIONS
DEPARTMENT PROPER
DEPARTMENT SERVICES
BOARD OF FOREIGN SERVICE
ADMINISTRATION
BOARD OF FOREIGN SERVICE
EXAMINERS
ATTACHED AGENCIES Chapter 7 THE FOREIGN SERVICE
ATTACHES AND
REPRESENTATIVES
PERSONNEL
APPOINTMENTS, COMPENSATION
AND BENEFITS
PROMOTIONS
ASSIGNMENTS AND TRANSFERS
PASSPORT
MISCELLANEOUS PROVISIONS
FINANCE Chapter 1 GENERAL PROVISIONS
DEPARTMENT PROPER
DEPARTMENT SERVICES
BUREAUS
REGIONAL OFFICES
ATTACHED AGENCIES
Chapter I GENERAL PROVISIONS
DEPARTMENT PROPER
OFFICE OF THE GOVERNMENT CORPORATE COUNSEL
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 1 GENERAL PROVISIONS
DEPARTMENT PROPER
DEPARTMENT SERVICES
REGIONAL OFFICES -Chapter 6 - ATTACHED
AGENCIES
PUBLIC WORKS AND HIGHWAYS Chapter 1 GENERAL PROVISIONS
DEPARTMENT PROPER
DEPARTMENT SERVICES
THE BUREAU
REGIONAL OFFICES
ATTACHED AGENCIES Title VI EDUCATION, CULTURE AND
SPORTS Chapter 1 GENERAL PROVISIONS
DEPARTMENT PROPER Chapter 3 DEPARTMENT SERVICES
BOARD OF HIGHER EDUCATION Chapter 5 STATE COLLEGES AND
UNIVERSITIES Chapter 6 BUREAUS AND OFFICES
REGIONAL OFFICES
ATTACHED AGENCIES
MISCELLANEOUS PROVISIONS
LABOR AND EMPLOYMENT Chapter 1 GENERAL PROVISIONS
DEPARTMENT PROPER
BUREAUS
REGIONAL OFFICES
ATTACHED AGENCIES
NATIONAL DEFENSE Subtitle I PRELIMINARY PROVISIONS Chapter 1 NATIONAL DEFENSE POLICIES
NATIONAL SECURITY COUNCIL
NATIONAL INTELLIGENCE
COORDINATING AGENCY
DEPARTMENT OF NATIONAL
DEFENSE Chapter 1 GENERAL PROVISIONS
DEPARTMENT PROPER
GOVERNMENT ARSENAL
OFFICE OF CIVIL DEFENSE
PHILIPPINE VETERANS
AFFAIRS OFFICE
ARMED FORCES OF THE
PHILIPPINES GENERAL HEADQUARTERS
MAJOR SERVICES
PHILIPPINE MILITARY
ACADEMY
NATIONAL DEFENSE COLLEGE
OF THE PHILIPPINES
INTEGRATED NATIONAL
POLICE
ATTACHED AGENCIES Subtitle III THE NATIONAL POLICE
COMMISSION
HEALTH Chapter 1 GENERAL PROVISIONS
DEPARTMENT PROPER
DEPARTMENT SERVICES
OFFICES AND BUREAUS
FIELD OFFICES
ATTACHED AGENCIES
TRADE AND INDUSTRY Chapter 1 GENERAL PROVISIONS
DEPARTMENT PROPER
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 REGIONAL OPERATIONS
ATTACHED AGENCIES
AGRARIAN REFORM Chapter 1 GENERAL PROVISIONS Sec. 1. Declaration of Policy. -
The State shall undertake an agrarian reform program founded on the right of
farmers and regular farmworkers who are landless to own directly or
collectively the lands they till or, in the case of other farmworkers, to
receive a just share of the fruits thereof.
DEPARTMENT PROPER
DEPARTMENT SERVICES
BUREAUS
REGIONAL AND DISTRICT
OFFICES AND ATTACHED AGENCIES
LOCAL GOVERNMENT Chapter 1 GENERAL PROVISIONS
DEPARTMENT PROPER
DEPARTMENT SERVICES
BUREAUS AND OFFICES
REGIONAL AND FIELD
OFFICES
LEAGUES OF PROVINCES,
CITIES AND MUNICIPALITIES
TOURISM Chapter 1 GENERAL PROVISIONS
DEPARTMENT PROPER
DEPARTMENT SERVICES
BUREAUS AND OFFICES FOREIGN AND REGIONAL
OFFICES ATTACHED AGENCIES Title XIV ENVIRONMENT AND NATURAL
RESOURCES Chapter 1 GENERAL PROVISIONS
THE DEPARTMENT PROPER THE STAFF SECTORAL
BUREAUS
THE DEPARTMENT FIELD
OFFICES
ATTACHED AGENCIES AND
CORPORATIONS
TRANSPORTATION AND
COMMUNICATIONS Chapter 1 GENERAL PROVISIONS DEPARTMENT PROPER
DEPARTMENT SERVICES
REGIONAL OFFICES
REGULATORY BOARD
ATTACHED AGENCIES
SOCIAL WELFARE AND
DEVELOPMENT Chapter 1 GENERAL PROVISIONS
DEPARTMENT PROPER DEPARTMENT SERVICES
BUREAUS AND OFFICES
REGIONAL OFFICES
PROVINCIAL/CITY OFFICES
MUNICIPAL/DISTRICT
OFFICES Chapter 8 ATTACHED AGENCIES Chapter 9 FUND DRIVES
SOCIAL WELFARE AGENCIES
AND SERVICES Title XVII BUDGET AND MANAGEMENT Chapter 1 GENERAL PROVISIONS
DEPARTMENT PROPER
DEPARTMENT SERVICES
BUREAUS
SCIENCE AND TECHNOLOGY Chapter 1 GENERAL PROVISIONS
DEPARTMENT PROPER
SERVICES BOARD, COUNCILS AND
INSTITUTES
REGIONAL OFFICES.
ATTACHED AGENCIES The Center shall have the powers
and functions assigned to it by law.
BOOK V Title I CONSTITUTIONAL
COMMISSIONS Subtitle A CIVIL SERVICE COMMISSION Chapter 1 GENERAL PROVISIONS Sec. 1. Declaration of Policy. -
The State shall insure and promote the Constitutional mandate that appointments
in the Civil Service shall be made only according to merit and fitness; that
the Civil Service Commission, as the central personnel agency of the Government
shall establish a career service, adopt measures to promote morale, efficiency,
integrity, responsiveness, and courtesy in the civil service, strengthen the
merit and rewards system, integrate all human resources development programs
for all levels and ranks, and institutionalize a management climate conducive
to public accountability; that public office is a public trust and public
officers and employees must at all times be accountable to the people; and that
personnel functions shall be decentralized, delegating the corresponding
authority to the departments, offices and agencies where such functions can be
effectively performed.
COVERAGE OF THE CIVIL
SERVICE
ORGANIZATION AND
FUNCTIONS OF THE CIVIL SERVICE
COMMISSION
INTERDEPARTMENT RELATIONS
PERSONNEL POLICIES AND
STANDARDS
RIGHT TO
SELF-ORGANIZATION Chapter 7 PROHIBITIONS
LEAVE OF ABSENCE Chapter 9 MISCELLANEOUS PROVISIONS
THE COMMISSION ON AUDIT Chapter 1 GENERAL PROVISIONS
ORGANIZATION OF THE
COMMISSION ON AUDIT
OFFICES
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
MISCELLANEOUS PROVISIONS
COMMISSION ON ELECTIONS Chapter 1 GENERAL PROVISIONS
THE COMMISSION PROPER
THE FIELD OFFICES
OTHER BODIES Subtitle A COMMISSION ON HUMAN
RIGHTS
OFFICE OF THE OMBUDSMAN
THE NATIONAL ECONOMIC AND
DEVELOPMENT AUTHORITY Chapter 1 GENERAL PROVISIONS
NEDA BOARD
NEDA SECRETARIAT
ATTACHED AGENCIES (1) Philippine Institute for
Development Studies: (2) Philippine National Volunteer
Service Coordinating Agency; and (3) Tariff Commission. The Authority shall arrange for
the transfer of the functions of the following agencies to the Regional
Development Councils concerned or other agencies as may be appropriate: (1) Kalinga Special Development
Region; (2) Laguna Lake Development
Authority; (3) Leyte Sab-A Basin Development
Authority. The National Council for
integrated Area Development (NACIAD) and the Central Visayas Regional Projects
Office (CVRPO) are hereby transferred to the Authority which shall, within one
(1) year from the date of effectivity of this Code, recommend their transfer to
the appropriate department in conjunction with the Department of Budget and
Management. The Authority shall further review the functions and activities of
all other Integrated Area Development programs and projects and any other
programs requiring multi-sectoral and/or multi-disciplinary approaches in order
to recommend the appropriate disposition and supervision of the same. The Authority shall furthermore
review the mandate, objectives and functions of all development authorities in
order to recommend such dispositions or revisions of their charters, as may be deemed
advisable. BOOK VI NATIONAL GOVERNMENT
BUDGETING Chapter 1 GENERAL PROVISIONS 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 Chapter 3 BUDGET PREPARATION Chapter 4 BUDGET AUTHORIZATION Chapter 5 BUDGET EXECUTION Chapter 6 BUDGET ACCOUNTABILITY Chapter 7 EXPENDITURE OF
APPROPRIATED FUNDS Sec. 58. Contracting of
Activities. - Agencies may enter into contracts with individuals or
organizations, both public and private, subject to provisions of law and
applicable guidelines approved by the President: provided, that contracts shall
be for specific services which cannot be provided by the regular staff of the
agency, shall be for a specific period of time, and shall have a definite
expected output: provided, further, that implementing, monitoring and other
regular and recurring agency activities shall not be contracted for, except for
personnel hired on an individual and contractual basis and working as part of
the organization, or as otherwise may be approved by the President: Provided,
finally, that the cost of contracted services shall not exceed the amount that
would otherwise be incurred had the work been performed by regular employees of
government, except as may be authorized under this section. Sec. 59. Authority to Receive
Additional Compensation. - Officials and employees who are duly appointed by
competent authority to any position in another government office or agency in a
concurrent capacity, may, in the discretion of the President, be allowed to
receive additional compensation in the form of allowance or honorarium at such
rates he shall fix and subject to such conditions as 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. BOOK VII ADMINISTRATIVE PROCEDURE Chapter 1 GENERAL PROVISIONS Sec. 1. Scope. - This Book shall
be applicable to all agencies as defined in the next succeeding section, except
the Congress, the Judiciary, the Constitutional Commissions, military
establishments in all matters relating exclusively to Armed Forces personnel,
the Board of Pardons and Parole, and state universities and colleges.
RULES AND REGULATIONS
ADJUDICATION Chapter 4 ADMINISTRATIVE APPEAL
INCONTESTED CASES FINAL PROVISIONS
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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