EXECUTIVE ORDER NO.

292
INSTITUTING THE "ADMINISTRATIVE CODE OF 1987"
WHEREAS, the Administrative Code currently in force was first forged in
1917 when the relationshi !etween the eole and the government was
defined !y the colonial order then revailing"
WHEREAS, efforts to achieve an integrative and over#all recodification of its
rovisions resulted in the Administrative Code of 197$ which, however, was
never u!lished and later e%ressly reealed"
WHEREAS, the effectiveness of the &overnment will !e enhanced !y a new
Administrative Code which incororates in a unified document the ma'or
structural, functional and rocedural rinciles and rules of governance" and
WHEREAS, a new Administrative Code will !e of otimum !enefit to the
eole and &overnment officers and emloyees as it em!odies changes in
administrative structures and rocedures designed to serve the eole"
()W, *HERE+)RE, ,, C)RA-)( C. A/0,(), 1resident of the 1hiliines, !y
virtue of the owers vested in me !y the Constitution, do here!y
romulgate the Administrative Code of 19$7, as follows2
INTRODUCTORY PROVISIONS
Secti! 1. Title. # *his Act shall !e 3nown as the 4Administrative Code of
19$7.4
Secti! 2. General Terms Defined. # 0nless the secific words of the te%t,
or the conte%t as a whole, or a articular statute, shall re5uire a different
meaning2
617 &overnment of the Reu!lic of the 1hiliines refers to the
cororate governmental entity through which the functions of
government are e%ercised throughout the 1hiliines, including, save
as the contrary aears from the conte%t, the various arms through
which olitical authority is made effective in the 1hiliines, whether
ertaining to the autonomous regions, the rovincial, city, municial
or !arangay su!divisions or other forms of local government.
687 (ational &overnment refers to the entire machinery of the central
government, as distinguished from the different forms of local
governments.
697 :ocal &overnment refers to the olitical su!divisions esta!lished
!y or in accordance with the Constitution.
6;7 Agency of the &overnment refers to any of the various units of
the &overnment, including a deartment, !ureau, office,
instrumentality, or government#owned or controlled cororations, or
a local government or a distinct unit therein.
6<7 (ational Agency refers to a unit of the (ational &overnment.
6=7 :ocal Agency refers to a local government or a distinct unit
therein.
677 >eartment refers to an e%ecutive deartment created !y law.
+or uroses of ?oo3 ,@, this shall include any instrumentality, as
herein defined, having or assigned the ran3 of a deartment,
regardless of its name or designation.
6$7 ?ureau refers to any rincial su!division or unit of any
deartment. +or uroses of ?oo3 ,@, this shall include any rincial
su!division or unit of any instrumentality given or assigned the ran3
of a !ureau, regardless of actual name or designation, as in the case
of deartment#wide regional offices.
697 )ffice refers, within the framewor3 of governmental organiAation,
to any ma'or functional unit of a deartment or !ureau including
regional offices. ,t may also refer to any osition held or occuied !y
individual ersons, whose functions are defined !y law or regulation.
61B7 ,nstrumentality refers to any agency of the (ational
&overnment, not integrated within the deartment framewor3 vested
within secial functions or 'urisdiction !y law, endowed with some if
not all cororate owers, administering secial funds, and en'oying
oerational autonomy, usually through a charter. *his term includes
regulatory agencies, chartered institutions and government#owned or
controlled cororations.
6117 Regulatory agency refers to any agency e%ressly vested with
'urisdiction to regulate, administer or ad'udicate matters affecting
su!stantial rights and interests of rivate ersons, the rincial
owers of which are e%ercised !y a collective !ody, such as a
commission, !oard or council.
6187 Chartered institution refers to any agency organiAed or
oerating under a secial charter, and vested !y law with functions
relating to secific constitutional olicies or o!'ectives. *his term
includes the state universities and colleges and the monetary
authority of the State.
6197 &overnment#owned or controlled cororation refers to any
agency organiAed as a stoc3 or non#stoc3 cororation, vested with
functions relating to u!lic needs whether governmental or
rorietary in nature, and owned !y the &overnment directly or
through its instrumentalities either wholly, or, where alica!le as in
the case of stoc3 cororations, to the e%tent of at least fifty#one 6<17
er cent of its caital stoc32 1rovided, *hat government#owned or
controlled cororations may !e further categoriAed !y the
>eartment of the ?udget, the Civil Service Commission, and the
Commission on Audit for uroses of the e%ercise and discharge of
their resective owers, functions and resonsi!ilities with resect to
such cororations.
61;7 4)fficer4 as distinguished from 4cler34 or 4emloyee4, refers to a
erson whose duties, not !eing of a clerical or manual nature,
involves the e%ercise of discretion in the erformance of the functions
of the government. When used with reference to a erson having
authority to do a articular act or erform a articular function in the
e%ercise of governmental ower, 4officer4 includes any government
emloyee, agent or !ody having authority to do the act or e%ercise
that function.
61<7 4Emloyee4, when used with reference to a erson in the u!lic
service, includes any erson in the service of the government or any
of its agencies, divisions, su!divisions or instrumentalities.
"OO# I
SOVEREIGNTY AND GENERA$ ADMINISTRATION
CHAPTER 1
THE NATIONA$ TERRITORY
Secti! %. What Comprises National Territory. # *he national territory
comrises the 1hiliine archielago, with all the islands and waters
em!raced therein, and all other territories over which the 1hiliines has
sovereignty or 'urisdiction, consisting of its terrestrial, fluvial, and aerial
domains, including its territorial sea, the sea!ed, the su!soil, the insular
shelves, and other su!marine areas. *he waters around, !etween, and
connecting the islands of the archielago, regardless of their !readth and
dimensions, form art of the internal waters of the 1hiliines.
Secti! &. Territorial Subdivision of the Philippines. # *he territorial and
olitical su!divisions of the 1hiliines are the autonomous regions,
rovinces, su!rovinces, cities, municialities and !arangays.
CHAPTER 2
THE PEOP$E
Secti! '. Who are Citizens. # *he following are the citiAens of the
1hiliines2
617 *hose who are citiAens of the 1hiliines at the time of the
adotion of the Constitution"
687 *hose whose fathers or mothers are citiAens of the 1hiliines"
697 *hose !orn !efore Canuary 17, 1979, of +iliino mothers, who
elect 1hiliine citiAenshi, unless !y the act or omission they are
deemed, under the law, to have renounced it.
6;7 *hose who are naturaliAed in accordance with law.
Secti! (. Effect of arria!e. # CitiAens of the 1hiliines who marry aliens
shall retain their citiAenshi, unless !y their act or omission they are
deemed, under the law, to have renounced it.
Secti! 7. (atural#!orn CitiAen. # (atural#!orn citiAens are those who are
citiAens of the 1hiliines from !irth without having to erform any act to
ac5uire or erfect their 1hiliine citiAenshi. *hose who elect 1hiliine
citiAenshi in accordance with the Constitution shall !e deemed natural#!orn
citiAens.
Secti! 8. "oss or #eac$uisition of Citizenship. # 1hiliine citiAenshi may
!e lost or reac5uired in the manner rovided !y law.
Secti! 9. Dual %lle!iance. # >ual allegiance is inimical to the national
interest and shall !e dealt with !y law.
CHAPTER %
STATE IMMUNITY FROM SUIT
Secti! 1). Non&suability of the State. # (o suit shall lie against the State
e%cet with its consent as rovided !y law.
Secti! 11. The State's #esponsibility for %cts of %!ents. #
617 *he State shall !e legally !ound and resonsi!le only through the
acts erformed in accordance with the Constitution and the laws !y
its duly authoriAed reresentatives.
687 *he State shall not !e !ound !y the mista3es or errors of its
officers or agents in the e%ercise of their functions.
CHAPTER &
NATIONA$ SYM"O$S AND OFFICIA$ $ANGUAGES
Secti! 12. National (la!. #
617 *he flag of the 1hiliines shall !e red, white and !lue, with a sun
and three stars, as consecrated and honored !y the eole and
recogniAed !y law.
687 *he custody, ceremonial use, occasion and manner of dislay,
and the roer care and disosition of the flag shall !e governed !y
aroriate rules and regulations.
Secti! 1%. (ational Anthem. # 0ntil otherwise rovided !y law, the
musical arrangement and comosition of Culian +elie is adoted as the
national anthem. ,t shall !e sung or layed uon the oening or start of all
state cele!rations or gatherings and on such other occasions as may !e
rescri!ed !y aroriate rules and regulations.
Secti! 1&. %rms and Great Seal of the #epublic of the Philippines. #
617 *he Arms shall have aleways of two 687 ieces, aAure and gules"
a chief argent studded with three mullets e5uidistant from each
other" and, in oint of honor, ovoid argent over all the sun rayonnant
with eight minor and lesser rays. ?eneath shall !e a scroll with the
words 4Reu!lic of the 1hiliines, 4 or its e5uivalent in the national
language, inscri!ed thereon.
687 *he &reat Seal shall !e circular in form, with the arms as
descri!ed in the receding aragrah, !ut without the scroll and the
inscrition thereon, and surrounding the whole, a dou!le marginal
circle within which shall aear the words 4Reu!lic of the
1hiliines,4 or its e5uivalent in the national language. +or the
urose of lacing the &reat Seal, the color of the arms shall not !e
deemed essential.
Secti! 1'. )se and Custody of Great Seal. # *he &reat Seal shall !e
affi%ed to or laced uon all commissions signed !y the 1resident and uon
such other official documents and aers of the Reu!lic of the 1hiliines
as may !e re5uired !y custom and usage. *he 1resident shall have custody
of the &reat Seal.
Secti! 1(. %rms* Seals and +anners of Government ,ffices. # *he various
offices of government may adot aroriate coats#of#arms, seals and
!anners.
Secti! 17. ,fficial "an!ua!es. # 0ntil otherwise rovided !y law, 1iliino
and English shall !e the official languages.
CHAPTER '
OPERATION AND EFFECT OF $A*S
Secti! 18. When "a-s Ta.e Effect. # :aws shall ta3e effect after fifteen
61<7 days following the comletion of their u!lication in the )fficial &aAette
or in a newsaer of general circulation, unless it is otherwise rovided.
Secti! 19. Prospectivity. # :aws shall have rosective effect unless the
contrary is e%ressly rovided.
Secti! 2). /nterpretation of "a-s and %dministrative /ssuances. # ,n the
interretation of a law or administrative issuance romulgated in all the
official languages, the English te%t shall control, unless otherwise
secifically rovided. ,n case of am!iguity, omission or mista3e, the other
te%ts may !e consulted.
Secti! 21. No /mplied #evival of #epealed "a-.# When a law which
e%ressly reeals a rior law itself reealed, the law first reealed shall not
!e there!y revived unless e%ressly so rovided.
Secti! 22. #evival of "a- /mpliedly #epealed. # When a law which
imliedly reeals a rior law is itself reealed, the rior law shall there!y !e
revived, unless the reealing law rovides otherwise.
Secti! 2%. /!norance of the "a-. # ,gnorance of the law e%cuses no one
from comliance therewith.
CHAPTER (
OFFICIA$ GA+ETTE
Secti! 2&. Contents. # *here shall !e u!lished in the )fficial &aAette all
legislative acts and resolutions of a u!lic nature" all e%ecutive and
administrative issuances of general alication" decisions or a!stracts of
decisions of the Sureme Court and the Court of Aeals, or other courts of
similar ran3, as may !e deemed !y said courts of sufficient imortance to
!e so u!lished" such documents or classes of documents as may !e
re5uired so to !e u!lished !y law" and such documents or classes of
documents as the 1resident shall determine from time to time to have
general alication or which he may authoriAe so to !e u!lished.
*he u!lication of any law, resolution or other official documents in the
)fficial &aAette shall !e rima facie evidence of its authority. la-phi0.net
Secti! 2'. Editin! and Publications. # *he )fficial &aAette shall !e edited
in the )ffice of the 1resident and u!lished wee3ly in 1iliino or in the
English language. ,t shall !e sold and distri!uted !y the (ational 1rinting
)ffice which shall romtly mail coies thereof to su!scri!ers free of
ostage.
CHAPTER 7
REGU$AR HO$IDAYS AND NATION*IDE SPECIA$ DAYS
Secti! 2(. #e!ular 1olidays and Nation-ide Special Days. #
1. 0nless otherwise modified !y law, order or roclamation, the
following regular holidays and secial days shall !e o!served in
this country2
6A7 Regular Holidays
(ew DearEs >ay Canuary 1
Faundy *hursday Fova!le date
&ood +riday Fova!le date
Araw ng Gagitingan
6?ataan and Corregidor
>ay7
Aril 9
:a!or >ay Fay 1
,ndeendence >ay Cune 18
(ational Heroes >ay :ast Sunday of August
?onifacio >ay (ovem!er 9B
Christmas >ay >ecem!er 8<
RiAal >ay >ecem!er 9B
6?7 (ationwide Secial >ays
All Saints >ay (ovem!er 1
:ast >ay of the Dear >ecem!er 91
687 *he terms 4legal or regular holiday4 and 4secial holiday4, as used
in laws, orders, rules and regulations or other issuances shall !e
referred to as 4regular holiday4 and 4secial day4, resectively.
la-phi0.net
Secti! 27. "ocal Special Days. # *he 1resident may roclaim any
local secial day for a articular date, grou or lace.
Secti! 28. Pretermission of 1oliday. # Where the day, or the last
day, for doing any act re5uired or ermitted !y law falls on a regular
holiday or secial day, the act may !e done on the ne%t succeeding
!usiness day. la-phi0.net
CHAPTER 8
$EGA$ *EIGHTS MEASURES AND PERIOD
Secti! 29. ,fficial )se of etric System. # *he metric system of
weights and measures shall !e used in the 1hiliines for all
roducts, articles, goods, commodities, materials, merchandise,
utilities, services, as well as for commercial transactions li3e
contracts, agreements, deeds and other legal instruments u!licly
and officially attested, and for all official documents. )nly weights
and measures of the metric system shall !e officially sealed and
licensed.
Secti! %). andatory Nation&-ide )se. # *he metric system shall
!e fully adoted in all agricultural, commercial, industrial, scientific
and other sectors. 1ersons or entities allowed under e%isting laws to
use the English system or other standards and weights are given until
the date to !e fi%ed !y the Fetric System ?oard to adot the metric
system.
Secti! %1. "e!al Periods. # 4Dear4 shall !e understood to !e twelve
calendar months" 4month4 of thirty days, unless it refers to a secific
calendar month in which case it shall !e comuted according to the
num!er of days the secific month contains" 4day,4 to a day of
twenty#four hours" and 4night,4 from sunset to sunrise.
CHAPTER 9
GENERA$ PRINCIP$ES GOVERNING PU"$IC OFFICERS
Secti! %2. Nature of Public ,ffice. # 1u!lic office is a u!lic trust.
1u!lic officers and emloyees must at all times !e accounta!le to the
eole, serve them with the utmost resonsi!ility, integrity, loyalty
and efficiency, act with atriotism and 'ustice, and lead modest lives.
Secti! %%. Policy on Chan!e of Citizenship. # 1u!lic officers and
emloyees owe the Senate and the Constitution allegiance at all
times, and any u!lic officer or emloyee who see3s to change his
citiAenshi or ac5uire the status of an immigrant of another country
during his tenure shall !e dealt with !y law.
Secti! %&. Declaration of %ssets* "iabilities and Net Worth. # A
u!lic officer or emloyee shall uon assumtion of office and as
often thereafter as may !e re5uired !y law, su!mit a declaration
under oath of his assets, lia!ilities, and net worth.
Secti! %'. Ethics in Government. # All u!lic officers and
emloyees shall !e !ound !y a Code of Ethics to !e romulgated !y
the Civil Service Commission.
Secti! %(. /nhibition %!ainst Purchase of Property at Ta2 Sale. # (o
officer or emloyee of the government shall urchase directly or
indirectly any roerty sold !y the government for the non#ayment
of any ta%, fee or other u!lic charge. Any such urchase !y an
officer or emloyee shall !e void.
Secti! %7. Po-ers /ncidental to Ta.in! of Testimony. # When
authority to ta3e testimony or receive evidence is conferred uon any
administrative officer or any non#'udicial erson, committee, or other
!ody, such authority shall include the ower to administer oaths,
summon witnesses, and re5uire the roduction of documents !y a
su!oena duces tecum.
Secti! %8. "iability of Superior ,fficers. #
617 A u!lic officer shall not !e civilly lia!le for acts done in the
erformance of his official duties, unless there is a clear
showing of !ad faith, malice or gross negligence.
687 Any u!lic officer who, without 'ust cause, neglects to
erform a duty within a eriod fi%ed !y law or regulation, or
within a reasona!le eriod if none is fi%ed, shall !e lia!le for
damages to the rivate arty concerned without re'udice to
such other lia!ility as may !e rescri!ed !y law.
697 A head of a deartment or a suerior officer shall not !e
civilly lia!le for the wrongful acts, omissions of duty,
negligence, or misfeasance of his su!ordinates, unless he has
actually authoriAed !y written order the secific act or
misconduct comlained of.
Secti! %9. "iability of Subordinate ,fficers. #(o su!ordinate officer
or emloyee shall !e civilly lia!le for acts done !y him in good faith in
the erformance of his duties. However, he shall !e lia!le for willful
or negligent acts done !y him which are contrary to law, morals,
u!lic olicy and good customs even if he acted under orders or
instructions of his sueriors.
CHAPTER 1)
OFFICIA$ OATHS
Secti! &). ,aths of ,ffice for Public ,fficers and Employees. # All
u!lic officers and emloyees of the government including every
mem!er of the armed forces shall, !efore entering uon the
discharge of his duties, ta3e an oath or affirmation to uhold and
defend the Constitution" that he will !ear true faith and allegiance to
it" o!ey the laws, legal orders and decrees romulgated !y the duly
constituted authorities" will well and faithfully discharge to the !est of
his a!ility the duties of the office or osition uon which he is a!out
to enter" and that he voluntarily assumes the o!ligation imosed !y
his oath of office, without mental reservation or urose of evasion.
Coies of the oath shall !e deosited with the Civil Service
Commission and the (ational Archives.
Secti! &1. ,fficers %uthorized to %dminister ,ath. #
617 *he following officers have general authority to administer
oath2 (otaries u!lic, mem!ers of the 'udiciary, cler3s of
courts, the Secretary of the either House of the Congress of
the 1hiliines, of deartments, !ureau directors, registers of
deeds, rovincial governors and lieutenant#governors, city
mayors, municial mayors and any other officer in the service
of the government of the 1hiliines whose aointment is
vested in the 1resident.
687 )aths may also !e administered !y any officer whose
duties, as defined !y law or regulation, re5uire resentation to
him of any statement under oath..
Secti! &2. Duty to %dminister ,ath. # )fficers authoriAed to
administer oaths, with the e%cetion of notaries u!lic, municial
'udges and cler3s of court, are not o!liged to administer oaths or
e%ecute certificates save in matters of official !usiness" and with the
e%cetion of notaries u!lic, the officer erforming the service in
those matters shall charge no fee, unless secifically authoriAed !y
law.
CHAPTER 11
OFFICIA$ REPORTS
Secti! &%. %nnual #eports. # *he heads of the several !ranches,
su!divisions, deartment and agencies or instrumentalities of the
&overnment shall reare and su!mit annual reorts to the 1resident
on or !efore the first day of Culy 1 of each year.
Secti! &&. Contents of #eports. # *he contents of the annual
reorts shall !e rescri!ed !y law or, in the a!sence thereof, !y
e%ecutive order.
Secti! &'. Special #eports. # Each chief of ?ureau or other officer
of the government shall ma3e such secial reorts concerning the
wor3 of his ?ureau or )ffice as may from time to time !e re5uired of
him !y the 1resident of the 1hiliines or Head of >eartment.
Secti! &(. Deposit -ith %rchives. # )fficial coies of annual reorts
shall !e deosited with the (ational Archives and shall !e oen to
u!lic insection.
CHAPTER 12
PU"$IC CONTRACTS AND CONVEYANCES
Secti! &7. Contracts and Conveyances. # Contracts or conveyances
may !e e%ecuted for and in !ehalf of the &overnment or of any of its
!ranches, su!divisions, agencies, or instrumentalities, including
government#owned or controlled cororations, whenever demanded
!y the e%igency or e%igencies of the service and as long as the same
are not rohi!ited !y law.
Secti! &8. ,fficial %uthorized to Convey #eal Property. # Whenever
real roerty of the &overnment is authoriAed !y law to !e conveyed,
the deed of conveyance shall !e e%ecuted in !ehalf of the
government !y the following2
617 +or roerty !elonging to and titled in the name of the
Reu!lic of the 1hiliines, !y the 1resident, unless the
authority therefor is e%ressly vested !y law in another officer.
687 +or roerty !elonging to the Reu!lic of the 1hiliines
!ut titled in the name of any olitical su!division or of any
cororate agency or instrumentality, !y the e%ecutive head of
the agency or instrumentality.
Secti! &9. %uthority to Convey other Property. # Whenever
roerty other than real is authoriAed to !e conveyed, the contract or
deed shall !e e%ecuted !y the head of the agency with the aroval
of the deartment head. Where the oerations of the agency
regularly involve the sale or other disosition of ersonal roerty,
the deed shall !e e%ecuted !y any officer or emloyee e%ressly
authoriAed for that urose.
Secti! '). Conveyance of National Government Property to "ocal
Governments. # When the real roerty !elonging to the (ational
&overnment is needed for school uroses, or other official use !y
any local government, the 1resident shall authoriAe its transfer, and
the deartment head or other authority concerned shall e%ecute in
favor of the local government the necessary deed of conveyance !y
way of gift, sale, e%change, or otherwise, and uon such terms as
shall !e for the interest of the arties concerned. (othing herein
rovided shall !e deemed to authoriAe the conveyance of unreserved
u!lic land, friar land or any real roerty held !y the &overnment in
trust or for a secial urose defined !y law.
Secti! '1. E2ecution of Contracts. #
617 Contracts in !ehalf of the Reu!lic of the 1hiliines shall
!e e%ecuted !y the 1resident unless authority therefor is
e%ressly vested !y law or !y him in any other u!lic officer.
687 Contracts in !ehalf of the olitical su!divisions and
cororate agencies or instrumentalities shall !e aroved !y
their resective governing !oards or councils and e%ecuted !y
their resective e%ecutive heads.
"OO# II
DISTRI"UTION OF PO*ERS OF GOVERNMENT
CHAPTER 1
"ASIC PRINCIP$ES AND PO$ICIES
Secti! 1. Guidin! Principles and Policies in Government. #
&overnmental ower shall !e e%ercised in accordance with the
following !asic rinciles and olicies2
617 *he 1hiliines is a democratic and reu!lican State.
Sovereignty resides in the eole and all government authority
emanates from them.
687 *he State values the dignity of every human erson and
guarantees full resect for human rights.
697 Civilian authority is, at all times, sureme over the military.
6;7 *he State shall ensure the autonomy of local governments.
6<7 *he territorial and olitical su!divisions of the Reu!lic of
the 1hiliines are the rovinces, cities, municialities, and
!arangays. *here shall !e autonomous regions, in accordance
with the Constitution, in Fuslim Findanao and the Cordilleras
as may !e rovided !y law.
6=7 *he searation of Church and State shall !e inviola!le.
677 *he right of the eole and their organiAations to effective
and reasona!le articiation at all levels of social, olitical, and
economic decision#ma3ing shall not !e a!ridged. *he State
shall, !y law, facilitate the esta!lishment of ade5uate
consultation mechanisms.
6$7 *he owers e%ressly vested in any !ranch of the
&overnment shall not !e e%ercised !y, nor delegated to, any
other !ranch of the &overnment, e%cet to the e%tent
authoriAed !y the Constitution.
CHAPTER 2
$EGIS$ATIVE PO*ER
Secti! 2. Seat of "e!islative Po-er. # *he legislative ower shall !e
vested in the Congress of the 1hiliines which shall consist of a
Senate and a House of Reresentatives, e%cet to the e%tent
reserved to the eole !y the Constitutional rovision on initiative
and referendum.
Secti! %. /nhibitions %!ainst embers of Con!ress. #
617 (o Senator or Fem!er of the House of Reresentatives
may hold any other office or emloyment in the &overnment,
or any su!division agency, or instrumentality thereof, including
government#owned or controlled cororations or their
su!sidiaries, during his term without forfeiting his seat. (either
shall he !e aointed to any office which may have !een
created or the emoluments thereof increased during the term
for which he was elected.
687 (o Senator or Fem!er of the House of Reresentatives
may ersonally aear as counsel !efore any court of 'ustice or
!efore the Electoral *ri!unals, or 5uasi#'udicial and other
administrative !odies. (either shall he, directly or indirectly, !e
interested financially in any contract with, or in any franchise
or secial rivilege granted !y the &overnment, or any
su!division, agency or instrumentality thereof including any
government#owned or controlled cororation, or its su!sidiary,
during his term of office. He shall not intervene in any matter
!efore any office of the &overnment for his ecuniary !enefit
or where he may !e called uon to act on account of his office.
Secti! &. Electoral Tribunal. # *he Senate and the House of
Reresentatives shall each have an Electoral *ri!unal which shall !e
the sole 'udge of all contests relating to the election, returns, and
5ualifications of their resective Fem!ers. Each Electoral *ri!unal
shall !e comosed of nine 697 Fem!ers, three 697 of whom shall !e
Custices of the Sureme Court to !e designated !y the Chief Custice,
and the remaining si% 6=7 shall !e Fem!ers of the Senate or the
House of Reresentatives, as the case may !e, who shall !e chosen
on the !asis of roortional reresentation from the olitical arties
and the arties or organiAations registered under the arty#list
system reresented therein. *he senior Custice in the Electoral
*ri!unal shall !e its Chairman.
Secti! '. Commission on %ppointments. # *here shall !e a
Commission on Aointments consisting of the 1resident of the
Senate, as e% officio Chairman, and twelve 6187 Senators and twelve
6187 Fem!ers of the House of Reresentatives, elected !y each
House on the !asis of roortional reresentation from the olitical
arties and arties or organiAations registered under the arty#list
system reresented therein. *he Chairman of the Commission shall
not vote, e%cet in case of a tie. *he Commission shall act on all
aointments su!mitted to it within thirty 69B7 session days of the
Congress from their su!mission. *he Commission shall rule !y a
ma'ority vote of all its Fem!ers.
Secti! (. "e!islative /nvesti!ation. # *he Senate or the House of
Reresentatives or any of its resective committees may conduct
in5uiries in aid of legislation in accordance with its duly u!lished
rules of rocedure. *he rights of ersons aearing in or affected !y
such in5uiries shall !e resected.
Secti! 7. %ppearance of 1eads of Departments. # *he heads of
deartments may uon their own initiative, with the consent of the
1resident, or uon the re5uest of either House, as the rules of each
House shall rovide, aear !efore and !e heard !y such House on
any matter ertaining to their deartments. Written 5uestions shall
!e su!mitted to the 1resident of the Senate or the Sea3er of the
House of Reresentatives at least three 697 days !efore their
scheduled aearance. ,nterellations shall not !e limited to written
5uestions, !ut may cover matters related thereto. When the security
of the State or the u!lic interest so re5uires and the 1resident so
states in writing, the aearance shall !e conducted in e%ecutive
session.
Secti! 8. /nitiative and #eferendum. # *he Congress shall, as early
as ossi!le, rovide for a system of initiative and referendum and the
e%cetions therefrom, where!y the eole can directly roose and
enact laws or arove or re'ect any act or law or art thereof assed
!y the Congress or local legislative !ody after the registration of a
etition therefor signed !y at least ten 61B7 er centum of the total
num!er of registered voters, of which every legislative district must
!e reresented !y at least three 697 er centum of the registered
voters thereof.
Secti! 9. 1ower to 1roose Constitutional Amendments. #
617 Any amendment to, or revision of the Constitution may !e
roosed !y2 6a7 *he Congress, uon a vote of three#fourths
69H;7 of all its Fem!ers" or 6!7 a constitutional convention. *he
Congress may, !y a vote of two#thirds 68H97 of all its Fem!ers,
call a constitutional convention, or !y a ma'ority vote of all its
Fem!ers, su!mit to the electorate the 5uestion of calling such
a convention.
687 Amendments to the Constitution may li3ewise !e directly
roosed !y the eole through initiative uon a etition of at
least twelve 6187 er centum of the total num!er of registered
voters, of which every legislative district must !e reresented
!y at least three 697 er centum of the registered voters
therein. (o amendments under this aragrah shall !e
authoriAed within five years following the ratification of the
19$7 Constitution nor oftener than once every five years
thereafter. *he Congress shall rovide for the imlementation
of the e%ercise of this right.
Secti! 1). @alidity of Constitutional Amendments. #
617 Any amendment to or revision of the Constitution roosed
!y Congress or a constitutional convention shall !e valid when
ratified !y a ma'ority of the votes cast in a le!iscite which
shall !e held not earlier than si%ty days 6=B7 nor later than
ninety days 69B7 after the aroval of such amendment or
revision.
687 Any amendment to or revision of the Constitution directly
roosed !y the eole through initiative shall !e valid when
ratified !y a ma'ority of the votes cast in a le!iscite which
shall !e held not earlier than si%ty days 6=B7 nor later than
ninety days 69B7 after the certification !y the Commission on
Elections of the sufficiency of the etition.
CHAPTER %
EXECUTIVE PO*ER
Secti! 11. E%ercise of E%ecutive 1ower. # *he E%ecutive ower shall
!e vested in the 1resident.
Secti! 12. The 3ice&President. # *here shall !e a @ice#1resident
who shall have the same 5ualifications and term of office and !e
elected with and in the same manner as the 1resident. He may !e
removed from office in the same manner as the 1resident.
*he @ice#1resident may !e aointed as a Fem!er of the Ca!inet.
Such aointment re5uires no confirmation.
Secti! 1%. 3acancy in ,ffice of the President. # ,n case of death,
ermanent disa!ility, removal from office, or resignation of the
1resident, the @ice#1resident shall !ecome the 1resident to serve the
une%ired term. ,n case of death, ermanent disa!ility, removal from
office, or resignation of !oth the 1resident and @ice#1resident, the
1resident of the Senate or, in case of his ina!ility, the Sea3er of the
House of Reresentatives, shall then act as 1resident until the
1resident or @ice#1resident shall have !een elected and 5ualified.
*he Congress shall, !y law, rovide who shall serve as 1resident in
case of death, ermanent disa!ility, or resignation of the Acting
1resident. He shall serve until the 1resident or @ice#1resident shall
have !een elected and 5ualified, and !e su!'ect to the same
restrictions of owers and dis5ualifications as the Acting 1resident.
Secti! 1&. 3acancy in ,ffice of the 3ice&President. # Whenever
there is a vacancy in the )ffice of the @ice#1resident during the term
for which he was elected, the 1resident shall nominate a @ice#
1resident from among the Fem!ers of the Senate and the House of
Reresentatives who shall assume office uon confirmation !y a
ma'ority vote of all the Fem!ers of !oth Houses of the Congress,
voting searately.
Secti! 1'. /nhibitions %!ainst E2ecutive ,fficials. # *he 1resident,
@ice#1resident, the Fem!ers of the Ca!inet, and their deuties or
assistants shall not, unless otherwise rovided in this Constitution,
hold any other office or emloyment during their tenure. *hey shall
not, during said tenure, directly or indirectly ractice any other
rofession, articiate in any !usiness, or !e financially interested in
any contract with, or in any franchise, or secial rivilege granted !y
the &overnment or any su!division, agency, or instrumentality
thereof, including government#owned or controlled cororations or
their su!sidiaries. *hey shall strictly avoid conflicts of interest in the
conduct of their office.
*he souse and relatives !y consanguinity or affinity within the fourth
civil degree of the 1resident shall not during his tenure !e aointed
as Fem!ers of the Constitutional Commissions, or the )ffice of the
)m!udsman, or as Secretaries, 0ndersecretaries, chairmen or heads
of !ureaus or offices, including government#owned or controlled
cororations and their su!sidiaries.
CHAPTER &
,UDICIA$ PO*ER
Secti! 1(. 4udicial Po-er. # *he 'udicial ower shall !e vested in
one 617 Sureme Court, and in such lower courts as may !e
esta!lished !y law. Such lower courts include the Court of Aeals,
Sandigan!ayan, Court of *a% Aeals, Regional *rial Courts, ShariEs
>istrict Courts, Fetroolitan *rial Courts, Funicial *rial Courts and
Funicial Circuit *rial Courts, and ShariEa Circuit Courts and they
shall continue to e%ercise their resective 'urisdiction until otherwise
rovided !y law.
Cudicial ower includes the duty of the courts of 'ustice to settle
actual controversies involving rights which are legally demanda!le
and enforcea!le, and, in cases rescri!ed !y law, to determine
whether or not there has !een a grave a!use of discretion amounting
to lac3 or e%cess of 'urisdiction on the art of any !ranch or
instrumentality of the &overnment.
Secti! 17. Composition of the Supreme Court. # *he Sureme
Court shall !e comosed of a Chief Custice and fourteen Associate
Custices. ,t may sit en !anc or in its discretion, in divisions of three,
five or seven Fem!ers.
Secti! 18. 4urisdiction and Po-ers of Supreme Court. # *he
Sureme Court shall have the following owers2
617 E%ercise original 'urisdiction over cases affecting
am!assadors, other u!lic ministers and consuls, and over
etitions for certiorari, rohi!ition, mandamus, 5uo warranto,
and ha!eas corus.
687 Review, revise, reverse, modify, or affirm on aeal or
certiorari as the law or the Rules of Court may rovide, final
'udgments and orders of lower courts in2
6a7 All cases in which the constitutionality or validity of
any treaty, international or e%ecutive agreement, law,
residential decree, roclamation, order, instruction,
ordinance, or regulation is in 5uestion.
6!7 All cases involving the legality of any ta%, imost,
assessment, or toll, or any enalty imosed in relation
thereto.
6c7 All cases in which the 'urisdiction of any lower court
is in issue.
6d7 All criminal cases in which the enalty imosed is
reclusion eretua or higher.
6e7 All cases in which only an error or 5uestion of law is
involved.
697 Assign temorarily 'udges of lower courts to other stations
as u!lic interest may re5uire. Such temorary assignment
shall not e%ceed si% 6=7 months without the consent of the
'udge concerned.
6;7 )rder a change of venue or lace of trial to avoid a
miscarriage of 'ustice.
6<7 1romulgate rules concerning the rotection and
enforcement of constitutional rights, leading, ractice, and
rocedure in all courts, the admission to the ractice of law,
the ,ntegrated ?ar, and legal assistance to the underrivileged.
Such rules shall rovide a simlified and ine%ensive rocedure
for the seedy disosition of cases, shall !e uniform for all
courts of the same grade" and shall not diminish, increase, or
modify su!stantive rights. Rules of rocedure of secial courts
and 5uasi#'udicial !odies shall remain effective unless
disaroved !y the Sureme Court.
6=7 Aoint all officials and emloyees of the Cudiciary in
accordance with the Civil Service law.
Secti! 19. %pportionment of 4urisdiction. # Congress shall define,
rescri!e and aortion the 'urisdiction of the various courts !ut may
not derive the Sureme Court of its 'urisdiction enumerated in the
immediately receding section. (either shall a law !e assed
increasing its aellate 'urisdiction as therein secified without its
advice and concurrence.
(o law shall !e assed reorganiAing the Cudiciary when it undermines
the security of tenure of its Fem!ers.
Secti! 2). %dministrative Supervision.# *he Sureme Court shall
have administrative suervision over all courts and the ersonnel
thereof.
Secti! 21. 4udicial and +ar Council. #
617 A Cudicial and ?ar Council is here!y created under the
suervision of the Sureme Court comosed of the Chief
Custice as e% officio Chairman, the Secretary of Custice, and a
reresentative of the Congress as e% officio Fem!er, a
reresentative of the ,ntegrated ?ar, a rofessor of law, a
retired Fem!er of the Sureme Court, and a reresentative of
the rivate sector.
687 *he regular mem!ers of the Council shall !e aointed !y
the 1resident for a term of four 6;7 years with the consent of
the Commission of Aointments. )f the Fem!ers first
aointed, the reresentative of the ,ntegrated ?ar shall serve
for four 6;7 years, the rofessor of law for three 697 years, the
retired Custice for two 687 years, and the reresentative of the
rivate sector for one 617 year.
697 *he Cler3 of the Sureme Court shall !e the Secretary e%
officio of the Council and shall 3ee a record of its roceedings.
6;7 *he regular Fem!ers of the Council shall receive such
emoluments as may !e determined !y the Sureme Court. *he
Sureme Court shall rovide in its annual !udget the
aroriations for the Council.
6<7 *he Council shall have the rincial function of
recommending aointees to the Cudiciary. ,t may e%ercise
such other functions and duties as the Sureme Court may
assign to it.
Secti! 22. %ppointment of embers of 4udiciary. # *he Fem!ers of
the Sureme Court and 'udges of lower courts shall !e aointed !y
the 1resident from a list of at least three 697 nominees reared !y
the Cudicial and ?ar Council for every vacancy. Such aointments
need no confirmation.
+or the lower courts, the 1resident shall issue the aointments
within ninety 69B7 days from the su!mission of the list.
Secti! 2%. Prohibition %!ainst Performin! 5uasi&4udicial or
%dministrative (unctions. # *he Fem!ers of the Sureme Court and
of other courts esta!lished !y law shall not !e designated to any
agency erforming 5uasi#'udicial or administrative functions.
CHAPTER '
CONSTITUTIONA$ COMMISSIONS
Secti! 2&. Constitutional Commissions. # *he Constitutional
Commissions, which shall !e indeendent, are the Civil Service
Commission, the Commission on Elections, and the Commission on
Audit.
Secti! 2'. /nhibitions %!ainst Constitutional Commissioners. # (o
mem!er of a Constitutional Commission shall, during his tenure, hold
any other office or emloyment. (either shall he engage in the
ractice of any rofession or in the active management or control of
any !usiness which in anyway may !e affected !y the functions of his
office, nor shall he !e financially interested, directly or indirectly, in
any contract with, or in any franchise or rivilege granted !y the
&overnment, any of its su!divisions, agencies, or instrumentalities,
including government#owned or controlled cororations or their
su!sidiaries.
Secti! 2(. (iscal %utonomy. # *he Constitutional Commissions shall
en'oy fiscal autonomy. *he aroved annual aroriations shall !e
automatically and regularly released.
Secti! 27. Promul!ation of #ules. # Each Commission en !anc may
romulgate its own rules concerning leadings and ractice !efore it
or !efore any of its offices. Such rules however shall not diminish,
increase, or modify su!stantive rights.
Secti! 28. Decisions by the Constitutional Commissions.# Each
Commission shall decide, !y a ma'ority vote of all its Fem!ers, any
case or matter !rought !efore it within si%ty 6=B7 days from the date
of its su!mission for decision or resolution. A case or matter is
deemed su!mitted for decision or resolution uon the filing of the last
leading, !rief, or memorandum re5uired !y the rules of the
Commission or !y the Commission itself. 0nless otherwise rovided
!y the Constitution or !y law, any decision, order, or ruling of each
Commission may !e !rought to the Sureme Court on certiorari !y
the aggrieved arty within thirty 69B7 days from receit of a coy
thereof.
CHAPTER (
OTHER "ODIES
Secti! 29. ,ther +odies. # *here shall !e in accordance with the
Constitution, an )ffice of the )m!udsman, a Commission on Human
Rights, an indeendent central monetary authority, and a national
olice commission. :i3ewise, as rovided in the Constitution,
Congress may esta!lish an indeendent economic and lanning
agency. la-phi0.net
"OO# III
OFFICE OF THE PRESIDENT
Tit-e I
PO*ERS OF THE PRESIDENT
CHAPTER 1
PO*ER OF CONTRO$
Secti! 1. Po-er of Control. # *he 1resident shall have control of all
the e%ecutive deartments, !ureaus, and offices. He shall ensure that
the laws !e faithfully e%ecuted.
CHAPTER 2
ORDINANCE PO*ER
Secti! 2. E2ecutive ,rders. # Acts of the 1resident roviding for
rules of a general or ermanent character in imlementation or
e%ecution of constitutional or statutory owers shall !e romulgated
in e%ecutive orders.
Secti! %. %dministrative ,rders. # Acts of the 1resident which relate
to articular asect of governmental oerations in ursuance of his
duties as administrative head shall !e romulgated in administrative
orders.
Secti! &. Proclamations. # Acts of the 1resident fi%ing a date or
declaring a status or condition of u!lic moment or interest, uon the
e%istence of which the oeration of a secific law or regulation is
made to deend, shall !e romulgated in roclamations which shall
have the force of an e%ecutive order.
Secti! '. emorandum ,rders. # Acts of the 1resident on matters
of administrative detail or of su!ordinate or temorary interest which
only concern a articular officer or office of the &overnment shall !e
em!odied in memorandum orders.
Secti! (. emorandum Circulars. # Acts of the 1resident on matters
relating to internal administration, which the 1resident desires to
!ring to the attention of all or some of the deartments, agencies,
!ureaus or offices of the &overnment, for information or comliance,
shall !e em!odied in memorandum circulars.
Secti! 7. General or Special ,rders. # Acts and commands of the
1resident in his caacity as Commander#in#Chief of the Armed +orces
of the 1hiliines shall !e issued as general or secial orders.
CHAPTER %
PO*ER OVER A$IENS
Secti! 8. Po-er to Deport. # *he 1resident shall have the ower to
deort aliens su!'ect to the re5uirements of due rocess.
Secti! 9. Po-er to Chan!e Non&/mmi!rant Status of %liens. # *he
1resident, su!'ect to the rovisions of law, shall have the ower to
change the status of non#immigrants !y allowing them to ac5uire
ermanent residence status without necessity of visa.
Secti! 1). Po-er to Countermand Decisions of the +oard of
Commissioners of the +ureau of /mmi!ration. # *he decision of the
?oard of Commissioners which has 'urisdiction over all deortation
cases shall !ecome final and e%ecutory after thirty 69B7 days from
romulgation, unless within such eriod the 1resident shall order the
contrary.
Secti! 11. Po-er over %liens under the General Principles of
/nternational "a-. # *he 1resident shall e%ercise with resect to
aliens in the 1hiliines such owers as are recogniAed !y the
generally acceted rinciles of international law.
CHAPTER &
PO*ERS OF EMINENT DOMAIN. ESCHEAT. $AND
RESERVATION AND RECOVERY OF I$$/GOTTEN *EA$TH
Secti! 12. Po-er of Eminent Domain. # *he 1resident shall
determine when it is necessary or advantageous to e%ercise the
ower of eminent domain in !ehalf of the (ational &overnment, and
direct the Solicitor &eneral, whenever he deems the action advisa!le,
to institute e%roriation roceedings in the roer court.
Secti! 1%. Po-er to Direct Escheat or #eversion Proceedin!s. # *he
1resident shall direct the Solicitor &eneral to institute escheat or
reversion roceedings over all lands transferred or assigned to
ersons dis5ualified under the Constitution to ac5uire land.
Secti! 1&. Po-er to #eserve "ands of the Public and Private
Domain of the Government. #
617 *he 1resident shall have the ower to reserve for
settlement or u!lic use, and for secific u!lic uroses, any
of the lands of the u!lic domain, the use of which is not
otherwise directed !y law. *he reserved land shall thereafter
remain su!'ect to the secific u!lic urose indicated until
otherwise rovided !y law or roclamation"
687 He shall also have the ower to reserve from sale or other
disosition and for secific u!lic uses or uroses, any land
!elonging to the rivate domain of the &overnment, or any of
the +riar :ands, the use of which is not otherwise directed !y
law, and thereafter such land shall !e used for the uroses
secified !y such roclamation until otherwise rovided !y law.
Secti! 1'. Po-er over /ll&!otten Wealth. # *he 1resident shall direct
the Solicitor &eneral to institute roceedings to recover roerties
unlawfully ac5uired !y u!lic officials or emloyees, from them or
from their nominees or transferees.
Within the eriod fi%ed in, or any e%tension thereof authoriAed !y, the
Constitution, the 1resident shall have the authority to recover ill#
gotten roerties amassed !y the leaders and suorters of the
revious regime and rotect the interest of the eole through orders
of se5uestration or freeAing of assets or accounts.
CHAPTER '
PO*ER OF APPOINTMENT
Secti! 1(. Po-er of %ppointment. # *he 1resident shall e%ercise the
ower to aoint such officials as rovided for in the Constitution and
laws.
Secti! 17. 1ower to ,ssue *emorary >esignation. #
617 *he 1resident may temorarily designate an officer already
in the government service or any other cometent erson to
erform the functions of an office in the e%ecutive !ranch,
aointment to which is vested in him !y law, when2 6a7 the
officer regularly aointed to the office is una!le to erform his
duties !y reason of illness, a!sence or any other cause" or 6!7
there e%ists a vacancy"
687 *he erson designated shall receive the comensation
attached to the osition, unless he is already in the
government service in which case he shall receive only such
additional comensation as, with his e%isting salary, shall not
e%ceed the salary authoriAed !y law for the osition filled. *he
comensation here!y authoriAed shall !e aid out of the funds
aroriated for the office or agency concerned.
697 ,n no case shall a temorary designation e%ceed one 617
year.
CHAPTER (
GENERA$ SUPERVISION OVER $OCA$ GOVERNMENTS
Secti! 18. General Supervision ,ver "ocal Governments. # *he
1resident shall e%ercise general suervision over local governments.
CHAPTER 7
OTHER PO*ERS
Secti! 19. Po-ers )nder the Constitution. # *he 1resident shall
e%ercise such other owers as are rovided for in the Constitution.
Secti! 2). #esidual Po-ers. # 0nless Congress rovides otherwise,
the 1resident shall e%ercise such other owers and functions vested
in the 1resident which are rovided for under the laws and which are
not secifically enumerated a!ove, or which are not delegated !y the
1resident in accordance with law.
Tit-e II
ORGANI+ATION
CHAPTER 8
ORGANI+ATION OF THE OFFICE OF THE PRESIDENT
Secti! 21. ,r!anization. # *he )ffice of the 1resident shall consist
of the )ffice of the 1resident 1roer and the agencies under it.
Secti! 22. ,ffice of the President Proper. #
617 *he )ffice of the 1resident 1roer shall consist of the
1rivate )ffice, the E%ecutive )ffice, the Common Staff Suort
System, and the 1residential Secial AssistantsHAdvisers
System"
687 *he E%ecutive )ffice refers to the )ffices of the E%ecutive
Secretary, >euty E%ecutive Secretaries and Assistant
E%ecutive Secretaries"
697 *he Common Staff Suort System em!races the offices or
units under the general categories of develoment and
management, general government administration and internal
administration" and
6;7 *he 1resident Secial AssistantsHAdvisers System includes
such secial assistants or advisers as may !e needed !y the
1resident.
Secti! 2%. The %!encies under the ,ffice of the President. # *he
agencies under the )ffice of the 1resident refer to those offices
laced under the chairmanshi of the 1resident, those under the
suervision and control of the 1resident, those under the
administrative suervision of the )ffice of the 1resident, those
attached to it for olicy and rogram coordination, and those that are
not laced !y law or order creating them under any secific
deartment.
Tit-e III
FUNCTIONS
CHAPTER 9
FUNCTIONS OF THE DIFFERENT OFFICES IN THE OFFICE OF
THE PRESIDENT PROPER
A / PRIVATE OFFICE
Secti! 2&. (unctions of the Private ,ffice. # *he 1rivate )ffice shall
rovide direct services to the 1resident and shall for this urose
attend to functions and matters that are ersonal or which ertain to
the +irst +amily.
" / THE EXECUTIVE OFFICE
Secti! 2'. Declaration of Policy. # *he E%ecutive )ffice shall !e fully
resonsive to the secific needs and re5uirements of the 1resident to
achieve the uroses and o!'ectives of the )ffice.
Secti! 2(. The E2ecutive Secretary* the >euty E%ecutive
Secretaries, and the Assistant E%ecutive Secretaries. # *he E%ecutive
)ffice shall !e headed !y the E%ecutive Secretary who shall !e
assisted !y one 617 or more >euty E%ecutive Secretaries and one
617 or more Assistant E%ecutive Secretaries.
Secti! 27. (unctions of the E2ecutive Secretary. # *he E%ecutive
Secretary shall, su!'ect to the control and suervision of the
1resident, carry out the functions assigned !y law to the E%ecutive
)ffice and shall erform such other duties as may !e delegated to
him. He shall2
617 >irectly assist the 1resident in the management of the
affairs ertaining to the &overnment of the Reu!lic of the
1hiliines"
687 ,mlement residential directives, orders and decisions"
697 >ecide, for and in !ehalf of the 1resident, matters not
re5uiring ersonal residential attention"
6;7 E%ercise suervision and control over the various units in
the )ffice of the 1resident 1roer including their internal
administrative re5uirements"
6<7 E%ercise suervision, in !ehalf of the 1resident, over the
various agencies under the )ffice of the 1resident"
6=7 Aoint officials and emloyees of the )ffice of the
1resident whose aointments are not vested in the 1resident"
677 1rovide overall coordination in the oeration of the
E%ecutive )ffice"
6$7 >etermine and assign matters to the aroriate units in
the )ffice of the 1resident"
697 Have administrative resonsi!ility for matters in the )ffice
of the 1resident coming from the various deartments and
agencies of government"
61B7 E%ercise rimary authority to sign aers 4?y authority of
the 1resident4, attest e%ecutive orders and other residential
issuances unless attestation is secifically delegated to other
officials !y him or !y the 1resident"
6117 >etermine, with the 1residentEs aroval, the aroriate
assignment of offices and agencies not laced !y law under
any secific e%ecutive deartment"
6187 1rovide consultative, research, fact#finding and advisory
service to the 1resident"
6197 Assist the 1resident in the erformance of functions
ertaining to legislation"
61;7 Assist the 1resident in the administration of secial
ro'ects"
61<7 *a3e charge of matters ertaining to rotocol in State and
ceremonial functions"
61=7 1rovide secretarial and clerical services for the 1resident,
the Ca!inet, the Council of State, and other advisory !odies to
the 1resident
6177 1romulgate such rules and regulations necessary to carry
out the o!'ectives, olicies and functions of the )ffice of the
1resident 1roer"
1. 1erform such other functions as the 1resident may
direct.
C / COMMON STAFF SUPPORT SYSTEM
Secti! 28. (unctions of the Common Staff Support System. # *he
various staff units in the )ffice of the 1resident 1roer shall form a
common staff suort system and shall !e organiAed along the
various tas3s of the )ffice namely2
617 *he Ca!inet Secretariat which shall assist the 1resident in
the esta!lishment of agenda toics for the Ca!inet
deli!eration, or facilitate the discussion of ca!inet meetings. ,t
shall have such organiAation, owers and functions as are
rescri!ed !y law"
687 *he 1residential Fanagement Staff 61FS7 which shall !e
the rimary governmental agency directly resonsi!le to the
)ffice of the 1resident for roviding staff assistance in the
1residential e%ercise of overall management of the
develoment rocess. ,t shall have such organiAation, owers
and functions as are rescri!ed !y law"
697 &eneral &overnment Administration Staff which shall
rovide the 1resident with staff suort on matters concerning
general government administration relative to the oerations
of the national government including the rovision of legal
services, administrative services, staff wor3 on olitical and
legislative matters, information and assistance to the general
u!lic, measures toward resolution of comlaints against u!lic
officials and emloyees !rought to the attention of the )ffice of
the 1resident and such other matters as the 1resident may
assign"
6;7 ,nternal Administrative Staff which shall render au%iliary
and suort services for the internal administration of the
)ffice of the 1resident.
D / PRESIDENTIA$ ASSISTANT0ADVISERS SYSTEM
Secti! 29. (unctions of Presidential %ssistants6%dvisers Systems. #
*he Secial AssistantsHAdvisers System shall rovide advisory or
consultative services to the 1resident in such fields and under such
conditions as the 1resident may determine.
CHAPTER 1)
FUNCTIONS OF THE AGENCIES UNDER THE OFFICE OF THE
PRESIDENT
Secti! %). (unctions of %!encies )nder the ,ffice of the President.
# Agencies under the )ffice of the 1resident shall continue to oerate
and function in accordance with their resective charters or laws
creating them, e%cet as otherwise rovided in this Code or !y law.
Secti! %1. Continuin! %uthority of the President to #eor!anize his
,ffice. # *he 1resident, su!'ect to the olicy in the E%ecutive )ffice
and in order to achieve simlicity, economy and efficiency, shall have
continuing authority to reorganiAe the administrative structure of the
)ffice of the 1resident. +or this urose, he may ta3e any of the
following actions2
617 Restructure the internal organiAation of the )ffice of the
1resident 1roer, including the immediate )ffices, the
1residential Secial AssistantsHAdvisers System and the
Common staff Suort System, !y a!olishing, consolidating or
merging units thereof or transferring functions from one unit to
another"
687 *ransfer any function under the )ffice of the 1resident to
any other >eartment or Agency as well as transfer functions
to the )ffice of the 1resident from other >eartments and
Agencies" and
697 *ransfer any agency under the )ffice of the 1resident to
any other deartment or agency as well as transfer agencies to
the )ffice of the 1resident from other deartments or agencies.
"OO# IV
THE EXECUTIVE "RANCH
CHAPTER 1
THE DEPARTMENTS
Secti! 1. Purpose and Number of Departments. # *he E%ecutive
?ranch shall have such >eartments as are necessary for the
functional distri!ution of the wor3 of the 1resident and for the
erformance of their functions.
Secti! 2. Declaration of Policy. #
617 *he >eartments shall !e organiAed and maintained to
insure their caacity to lan and imlement rograms in
accordance with esta!lished national olicies"
687 ?ureaus and offices shall !e groued rimarily on the !asis
of ma'or functions to achieve simlicity, economy and
efficiency in government oerations and minimiAe dulication
and overlaing of activities" and
697 *he functions of the different >eartments shall !e
decentraliAed in order to reduce red tae, free central officials
from administrative details concerning field oerations, and
relieve them from unnecessary involvement in routine and
local matters. Ade5uate authority shall !e delegated to
su!ordinate officials. Administrative decisions and actions shall,
as much as feasi!le, !e at the level closest to the u!lic.
Secti! %. Department Proper. #
617 0nless otherwise rovided in this Code or !y law, the
>eartment roer shall include the )ffice of the Secretary
and the staff consist of the Secretary and the 0ndersecretary
or 0ndersecretaries, together with the ersonnel in their
immediate offices"
687 Every Secretary shall !e assisted !y such num!er of
0ndersecretaries as may !e rovided for !y this Code or !y
law"
*he 0ndersecretary shall erform the functions as rovided in
Chater 8 of this ?oo3"
697 Whenever necessary, Assistant Secretary osition or
ositions may !e created to form art of the >eartment
roer" and
6;7 ,n the a!sence of secial rovisions, the ma'or staff units
of each deartment shall !e the services which shall include2
the 1lanning Service, the +inancial and Fanagement Service,
the Administrative Service, and when necessary, the *echnical
and :egal Services.
Secti! &. 4urisdiction over +ureaus* ,ffices* #e!ulatory %!encies
and Government Corporations. # Each >eartment shall have
'urisdiction over !ureaus, offices, regulatory agencies, and
government#owned or controlled cororations assigned to it !y law,
in accordance with the alica!le relationshi as defined in Chater
7, $, and 9 of this ?oo3.
Secti! '. %ssi!nment of ,ffices and %!encies. # *he 1resident shall,
!y e%ecutive order, assign offices and agencies not otherwise
assigned !y law to any deartment, or indicate to which deartment
a government cororation or !oard may !e attached.
CHAPTER 2
SECRETARIES. UNDERSECRETARIES. AND ASSISTANT
SECRETARIES
Secti! (. %uthority and #esponsibility of the Secretary. # *he
authority and resonsi!ility for the e%ercise of the mandate of the
>eartment and for the discharge of its owers and functions shall !e
vested in the Secretary, who shall have suervision and control of the
>eartment.
Secti! 7. Po-ers and (unctions of the Secretary. # *he Secretary
shall2
617 Advise the 1resident in issuing e%ecutive orders,
regulations, roclamations and other issuances, the
romulgation of which is e%ressly vested !y law in the
1resident relative to matters under the 'urisdiction of the
>eartment"
687 Esta!lish the olicies and standards for the oeration of the
>eartment ursuant to the aroved rograms of
governments"
697 1romulgate rules and regulations necessary to carry out
deartment o!'ectives, olicies, functions, lans, rograms and
ro'ects"
6;7 1romulgate administrative issuances necessary for the
efficient administration of the offices under the Secretary and
for roer e%ecution of the laws relative thereto. *hese
issuances shall not rescri!e enalties for their violation,
e%cet when e%ressly authoriAed !y law"
6<7 E%ercise discilinary owers over officers and emloyees
under the Secretary in accordance with law, including their
investigation and the designation of a committee or officer to
conduct such investigation"
6=7 Aoint all officers and emloyees of the >eartment
e%cet those whose aointments are vested in the 1resident
or in some other aointing authority" 1rovided, however, that
where the >eartment is regionaliAed on a deartment#wide
!asis, the Secretary shall aoint emloyees to ositions in the
second level in the regional offices as defined in this Code"
677 E%ercise 'urisdiction over all !ureaus, offices, agencies and
cororations under the >eartment as are rovided !y law,
and in accordance with the alica!le relationshis as secified
in Chaters 7, $, and 9 of this ?oo3"
6$7 >elegate authority to officers and emloyees under the
SecretaryEs direction in accordance with this Code" and
697 1erform such other functions as may !e rovided !y law.
Secti! 8. Submission of Performance Evaluation #eports. # *he
Secretary shall formulate and enforce a system of measuring and
evaluating eriodically and o!'ectively the erformance of the
>eartment and su!mit the same annually to the 1resident.
Secti! 9. Submission of +ud!et Estimates. # *he Secretary shall
reare and su!mit to the 1resident through the >eartment of
?udget and Fanagement an estimate of the necessary e%enditures
of the deartment during the ne%t fiscal year, on the !asis of the
reorts and estimates su!mitted !y !ureaus and officers under him.
Secti! 1). Po-ers and Duties of the )ndersecretary. # *he
0ndersecretary shall2
617 Advise and assist the Secretary in the formulation and
imlementation of deartment o!'ectives and olicies"
687 )versee all the oerational activities of the deartment for
which he shall !e resonsi!le to the Secretary"
697 Coordinate the rograms and ro'ects of the deartment
and !e resonsi!le for its economical, efficient and effective
administration"
6;7 Serve as deuty to the Secretary in all matters relating to
the oerations of the deartment"
6<7 *emorarily discharge the duties of the Secretary in the
latterEs a!sence or ina!ility to discharge his duties for any
cause or in case of vacancy of the said office, unless otherwise
rovided !y law. Where there are more than one
0ndersecretary, the Secretary shall allocate the foregoing
owers and duties among them. *he 1resident shall li3ewise
ma3e the temorary designation of Acting Secretary from
among them" and
6=7 1erform such other functions and duties as may !e
rovided !y law.
Secti! 11. Duties and (unctions of the %ssistant Secretary. # *he
Assistant Secretary shall erform such duties and functions as may
!e rovided !y law or assigned to him !y the Secretary.
CHAPTER %
DEPARTMENT SERVICES
Secti! 12. Department Services. # E%cet as otherwise rovided !y
law, each >eartment shall have >eartment Services which shall
include the 1lanning Service, the +inancial and Fanagement Service,
the Administrative Service, and whenever necessary the *echnical
and :egal Services.
Secti! 1%. Plannin! Service. # *he 1lanning Service shall rovide
the deartment with economical, efficient and effective services
relating to lanning, rogramming, and ro'ect develoment, and
discharge such other functions as may !e rovided !y law. Where the
wor3 of the deartment does not call for su!stantial lanning and
rogramming, the 1lanning Service shall !e constituted as a single
unit without su!divisions. Where su!stantial rimary data#gathering
is essential to the oerations of the deartment, a statistical unit may
!e constituted as art of a technical service.
Secti! 1&. (inancial and ana!ement Services. # *he +inancial and
Fanagement Services shall advise and assist the Secretary on
financial and management matters and shall erform such other
functions as may !e rovided !y law.
Secti! 1'. %dministrative Service. # *he Administrative Service
shall rovide the >eartment with economical, efficient and effective
services relating to ersonnel, legal assistance, information, records,
delivery and receit of corresondence, sulies, e5uiment,
collections, dis!ursement, security and custodial wor3. ,t shall also
erform such other functions as may !e rovided !y law.
Secti! 1(. Technical Service. # Whenever necessary, one or more
technical services shall !e esta!lished to ta3e charge of technical
staff activities essential to a deartment and which cannot !e
allocated to the three other services or to the !ureaus.
Secti! 17. "e!al Service. # A :egal Service shall !e rovided where
the oerations of the deartment involve su!stantial legal wor3, in
which case the Administrative Service shall not have a :egal >ivision.
*he :egal Service shall rovide legal advice to the deartment"
interret laws and rules affecting the oeration of the deartment"
reare contracts and instruments to which the deartment is a
arty, and interret rovisions of contracts covering wor3 erformed
for the deartment !y rivate entities" assist in the romulgation of
rules governing the activities of the deartment" reare comments
on roosed legislation concerning the deartment" answer legal
5ueries from the u!lic" assist the Solicitor &eneral in suits involving
the >eartment or its officers, or emloyees or act as their rincial
counsel in all actions ta3en in their official caacity !efore 'udicial or
administrative !odies" and erform such other functions as may !e
rovided !y law.
Where the wor3load of the deartment does not warrant a :egal
Service or a :egal >ivision, there shall !e one or more legal
assistants in the )ffice of the Secretary.
CHAPTER &
"UREAUS
Secti! 18. +ureaus in General. #
617 A ?ureau is any rincial su!division of the deartment
erforming a single ma'or function or closely related functions.
?ureaus are either staff or line.
687 Each !ureau shall !e headed !y a >irector who may have
one or more Assistant >irectors as rovided !y law" and
697 Each !ureau may have as many divisions as are rovided
!y law for the economical, efficient and effective erformance
of its functions.
Secti! 19. Staff +ureau. #
617 A staff !ureau shall rimarily erform olicy, rogram
develoment and advisory functions.
687 *he >irector of a staff !ureau shall2
6a7 Advise and assist the )ffice of the Secretary on
matters ertaining to the ?ureauEs area of secialiAation"
6!7 1rovide consultative and advisory services to the
regional offices of the deartment"
6c7 >evelo lans, rograms, oerating standards, and
administrative techni5ues for the attainment of the
o!'ectives and functions of the !ureau" and
6d7 1erform such other duties as may !e rovided !y
law.
697 *he staff !ureau shall avail itself of the lanning, financial
and administrative services in the deartment roer. *he
!ureau may have a searate administrative division, if
circumstances so warrant.
Secti! 2). "ine +ureau. #
617 A line !ureau shall directly imlement rograms adoted
ursuant to deartment olicies and lans.
687 *he >irector of a line !ureau shall2
6a7 E%ercise suervision and control over all division and
other units, including regional offices, under the !ureau"
6!7 Esta!lish olicies and standards for the oerations of
the !ureau ursuant to the lans and rograms of the
deartment"
6c7 1romulgate rules and regulations necessary to carry
out !ureau o!'ectives, olicies and functions" and
6d7 1erform such other duties as may !e rovided !y
law.
1. *he line !ureau may have staff units, as may !e
necessary, corresonding to the services of the
deartment roer. ,f the !ureau is small, only a single
unit erforming com!ined staff functions may !e
rovided.
CHAPTER '
FIE$D OFFICES
Secti! 21. #e!ional ,ffices. # Regional )ffices shall !e esta!lished
according to law defining field service areas. *he administrative
regions shall !e comosed of a (ational Caital Region and Regions ,
to I,,. 1rovincial and district offices may !e esta!lished only !y law
whenever necessary.
Secti! 22. /nte!ration of (ield Service. # E%cet as otherwise
rovided !y law and when the needs of the service so re5uire, the
deartment or agency shall organiAe an integrated regional office on
a deartment or agency#wide !asis.
Secti! 2%. %dministration of #e!ional ,ffice. # *he regional office
shall !e headed !y a Regional >irector who may !e assisted !y one
617 Assistant Regional >irector, e%cet as may otherwise !e rovided
!y law. *he Regional >irector shall !e resonsi!le for deartment or
agency functions erformed in the region under his 'urisdiction.
Secti! 2&. Supervision of #e!ional ,ffices. #
617 Whenever the function or activity of a deartment or
agency re5uires central or interregional action, the function
may !e erformed !y the regional offices under the suervision
and control of the deartment roer or line !ureau concerned.
687 *he staff !ureau or division shall erform rimarily
advisory or au%iliary functions and e%ercise in !ehalf of the
deartment or agency functional suervision over the regional
offices. *his shall include authority to develo and set down
standards, olicies and rocedures to !e imlemented !y
oerating units, and to evaluate continuously such
imlementation for the urose of recommending or when
authoriAed, ta3ing corrective measures.
Secti! 2'. ,r!anization of #e!ional ,ffices. # Regional offices
organiAed on a deartment wide !asis shall have units or ersonnel in
which the functional areas of the staff !ureaus and services in the
deartment shall !e reresented. Regional offices of a line !ureau
may have units or ersonnel in which the functional areas of the
rimary units of the !ureau are reresented. Related functions of
regional units shall !e consolidated.
Secti! 2(. (unctions of a #e!ional ,ffice. #
617 A regional office shall2
6a7 ,mlement laws, olicies, lans, rograms, rules and
regulations of the deartment or agency in the regional
area"
6!7 1rovide economical, efficient and effective service to
the eole in the area"
6c7 Coordinate with regional offices of other
deartments, !ureaus and agencies in the area"
6d7 Coordinate with local government units in the area"
and
6e7 1erform such other functions as may !e rovided !y
law.
687 >istrict offices may !e esta!lished only in cases of clear
necessity.
Secti! 27. Duties of a #e!ional Director. # *he Regional >irector
shall2
617 ,mlement laws, olicies, rules and regulations within the
resonsi!ility of the agency"
687 ,mlement agency rograms in the region"
697 E%ercise the management functions of lanning organiAing,
directing and controlling
6;7 Aoint ersonnel to ositions in the first level and casual
and seasonal emloyees" and e%ercise discilinary actions over
them in accordance with the Civil Service :aw"
6<7 Arove sic3, vacation and maternity leaves of a!sence
with or without ay, for a eriod not !eyond one year"
6=7 1reare and su!mit !udget roosals for the region to the
central office, administer the !udget of the regional office,
authoriAe dis!ursement of funds ursuant to aroved financial
and wor3 rograms, and administer the !udget control
machinery in the region"
677 Arove re5uisition for sulies, materials and e5uiment,
as well as !oo3s and eriodicals, and other items for the
region, in accordance with the aroved suly rocurement
rogram"
6$7 (egotiate and enter into contracts for services or furnishing
sulies, materials and e5uiment to the regional office
involving an amount not e%ceeding fifty thousand esos
61<B,BBB.BB7 within a given 5uarter, rovided that authority in
e%cess of fifty thousand esos 61<B,BBB.BB7 may !e further
authoriAed !y the roer deartment or agency head"
697 Arove claims for !enefits under e%isting laws"
61B7 Arove re5uests for overtime services"
6117 1romote coordination among the regional offices, and
!etween his regional office and local government units in the
region"
6187 1rovide house3eeing services for the regional office"
6197 Arove alication of ersonnel for ermission to teach,
e%ercise a rofession, or engage in !usiness outside of office
hours in accordance with standards and guidelines of the Civil
Service Commission"
61;7 ,ssue travel vouchers authoriAing emloyees to travel on
official !usiness within the region for a eriod not e%ceeding
thirty days"
61<7 Arove attendance of ersonnel in conferences,
seminars, and non#degree training rograms within the region"
61=7 AuthoriAe the allocation of funds to rovincialHdistrict
offices" and
6177 1erform such other duties and functions as may !e
rovided !y law or further delegated !y the head of agency or
other roer authorities concerned.
Secti! 28. Review of Acts of Regional >irector. # (othing in the
receding Section shall !e construed as a limitation on the ower of
the Secretary to review and modify, alter or reverse any action of the
Regional >irector, or to initiate romotions and transfers of ersonnel
from one region to another.
CHAPTER (
PO*ERS AND DUTIES OF HEADS OF "UREAUS OR OFFICES
Secti! 29. Po-ers and Duties in General. # *he head of !ureau or
office shall !e its chief e%ecutive officer. He shall e%ercise overall
authority in matters within the 'urisdiction of the !ureau, office or
agency, including those relating to its oerations, and enforce all laws
and regulations ertaining to it.
Secti! %). %uthority to %ppoint and Discipline. # *he head of
!ureau or office shall aoint ersonnel to all ositions in his !ureau
or office, in accordance with law. ,n the case of the line !ureau or
office, the head shall also aoint the second level ersonnel of the
regional offices, unless such ower has !een delegated. He shall have
the authority to disciline emloyees in accordance with the Civil
Service :aw.
Secti! %1. Duties of %ssistant 1eads and Subordinates. #
617 Assistant heads and other su!ordinates in every !ureau or
office shall erform such duties as may !e re5uired !y law or
regulations, or as may !e secified !y their sueriors not
otherwise inconsistent with law"
687 *he head of !ureau or office may, in the interest of
economy, designate the assistant head to act as chief of any
division or unit within the organiAation, in addition to his
duties, without additional comensation" and
697 ,n the a!sence of secial restriction rescri!ed !y law,
nothing shall revent a su!ordinate officer or emloyee from
!eing assigned additional duties !y roer authority, when not
inconsistent with the erformance of the duties imosed !y
law.
Secti! %2. %ctin! 1ead of +ureau or ,ffice. # ,n case of the
a!sence or disa!ility of the head of a !ureau or office, his duties shall
!e erformed !y the assistant head. When there are two or more
assistant heads, the Secretary shall ma3e the designation. ,n the
a!sence of an assistant head, the Secretary may designate any
officer or emloyee of the !ureau or office as acting head without
additional comensation.
Secti! %%. Performance of Duties of Subordinate ,fficers
Temporarily %bsent. # ,n case of the temorary a!sence or disa!ility
of any su!ordinate officer or emloyee in any !ureau or office, its
head may, su!'ect to e%isting laws, rules and regulations, designate
any other su!ordinate officer or emloyee within the organiAation to
erform temorarily the duties of the a!sent or disa!led erson.
Secti! %&. (illin! of 3acancies. # @acancies caused !y death,
resignation or removal of any officer or su!ordinate may !e
temorarily filled in the same manner as in the case of temorary
a!sence or disa!ility. *he vacancies shall not !e filled !y ermanent
aointment, until the e%iration of any leave allowa!le to the
redecessor, unless the e%igencies of the service re5uire that the
aointment !e made immediately.
Secti! %'. Po-er to #e$uire +onds. #
617 *he head of each !ureau or office shall, consistent with
law, rules and regulations, rescri!e the form and fi% the
amount of all !onds e%ecuted !y rivate arties to the
government under the laws ertaining to his !ureau or office.
He shall ass on the sufficiency of the security and retain
ossession of the !ond.
687 When it aears that any such !ond is insufficient, the
head may re5uire additional security. He may withdraw the
rivilege secured !y the !ond uon failure of the arty to give
additional security within the eriod fi%ed in the notice, !ut
such an action shall !e without re'udice to the lia!ility of any
erson or roerty already o!ligated.
Secti! %(. %uthority to Prescribe (orms and /ssue #e!ulations. #
617 *he head of a !ureau or office shall rescri!e forms and
issue circulars or orders to secure the harmonious and efficient
administration of his !ureau or office and to carry into full
effect the laws relating to matters within his 'urisdiction.
1enalties shall not !e rescri!ed in any circular or order for its
violation, e%cet as e%ressly allowed !y law"
687 Heads of !ureaus or offices are authoriAed to issue orders
regarding the administration of their internal affairs for the
guidance of or comliance !y their officers and emloyees"
697 Regional directors are authoriAed to issue circulars of
urely information or imlementing nature and orders relating
to the administration of the internal affairs of regional offices
and units within their suervision" and
6;7 ,ssuances under aragrahs 687 and 697 hereof shall not
re5uire, for their effectivity, aroval !y the Secretary or other
authority.
Secti! %7. %nnual #eports. #
617 All heads of !ureaus or offices of the national government
shall render annual reorts to their resective Secretaries on
or !efore the last day of +e!ruary of each year.
687 *he reorts shall contain concise statements of
accomlishments and assessment of the rogress attained in
terms of aroved rograms and ro'ects, including ertinent
financial statements on e%enditures incurred in their
imlementation during the calendar year. ?road
recommendations and lans for underta3ing wor3 during the
ensuing eriod shall !e included together with matters
secifically re5uired !y law or regulation to !e incororated
therein.
CHAPTER 7
ADMINISTRATIVE RE$ATIONSHIP
Secti! %8. Definition of %dministrative #elationship. # 0nless
otherwise e%ressly stated in the Code or in other laws defining the
secial relationshis of articular agencies, administrative
relationshis shall !e categoriAed and defined as follows2
617 Suervision and Control. # Suervision and control shall
include authority to act directly whenever a secific function is
entrusted !y law or regulation to a su!ordinate" direct the
erformance of duty" restrain the commission of acts" review,
arove, reverse or modify acts and decisions of su!ordinate
officials or units" determine riorities in the e%ecution of lans
and rograms" and rescri!e standards, guidelines, lans and
rograms. 0nless a different meaning is e%licitly rovided in
the secific law governing the relationshi of articular
agencies, the word 4control4 shall encomass suervision and
control as defined in this aragrah.
687 Administrative Suervision. # 6a7 Administrative suervision
which shall govern the administrative relationshi !etween a
deartment or its e5uivalent and regulatory agencies or other
agencies as may !e rovided !y law, shall !e limited to the
authority of the deartment or its e5uivalent to generally
oversee the oerations of such agencies and to insure that
they are managed effectively, efficiently and economically !ut
without interference with day#to#day activities" or re5uire the
su!mission of reorts and cause the conduct of management
audit, erformance evaluation and insection to determine
comliance with olicies, standards and guidelines of the
deartment" to ta3e such action as may !e necessary for the
roer erformance of official functions, including rectification
of violations, a!uses and other forms of maladministration"
and to review and ass uon !udget roosals of such
agencies !ut may not increase or add to them"
6!7 Such authority shall not, however, e%tend to2 617
aointments and other ersonnel actions in accordance with
the decentraliAation of ersonnel functions under the Code,
e%cet aeal is made from an action of the aointing
authority, in which case the aeal shall !e initially sent to the
deartment or its e5uivalent, su!'ect to aeal in accordance
with law" 687 contracts entered into !y the agency in the
ursuit of its o!'ectives, the review of which and other
rocedures related thereto shall !e governed !y aroriate
laws, rules and regulations" and 697 the ower to review,
reverse, revise, or modify the decisions of regulatory agencies
in the e%ercise of their regulatory or 5uasi#'udicial functions"
and
6c7 0nless a different meaning is e%licitly rovided in the
secific law governing the relationshi of articular agencies,
the word 4suervision4 shall encomass administrative
suervision as defined in this aragrah.
697 Attachment. # 6a7 *his refers to the lateral relationshi
!etween the deartment or its e5uivalent and the attached
agency or cororation for uroses of olicy and rogram
coordination. *he coordination may !e accomlished !y having
the deartment reresented in the governing !oard of the
attached agency or cororation, either as chairman or as a
mem!er, with or without voting rights, if this is ermitted !y
the charter" having the attached cororation or agency comly
with a system of eriodic reorting which shall reflect the
rogress of rograms and ro'ects" and having the deartment
or its e5uivalent rovide general olicies through its
reresentative in the !oard, which shall serve as the
framewor3 for the internal olicies of the attached cororation
or agency"
6!7 Fatters of day#to#day administration or all those ertaining
to internal oerations shall !e left to the discretion or
'udgment of the e%ecutive officer of the agency or cororation.
,n the event that the Secretary and the head of the !oard or
the attached agency or cororation strongly disagree on the
interretation and alication of olicies, and the Secretary is
una!le to resolve the disagreement, he shall !ring the matter
to the 1resident for resolution and direction"
6c7 &overnment#owned or controlled cororations attached to a
deartment shall su!mit to the Secretary concerned their
audited financial statements within si%ty 6=B7 days after the
close of the fiscal year" and
6d7 1ending su!mission of the re5uired financial statements,
the cororation shall continue to oerate on the !asis of the
receding yearEs !udget until the financial statements shall
have !een su!mitted. Should any government#owned or
controlled cororation incur an oeration deficit at the close of
its fiscal year, it shall !e su!'ect to administrative suervision
of the deartment" and the cororationEs oerating and caital
!udget shall !e su!'ect to the deartmentEs e%amination,
review, modification and aroval.
CHAPTER 8
SUPERVISION AND CONTRO$
Secti! %9. Secretary's %uthority. #
617 *he Secretary shall have suervision and control over the
!ureaus, offices, and agencies under him, su!'ect to the
following guidelines2
6a7 ,nitiative and freedom of action on the art of
su!ordinate units shall !e encouraged and romoted,
rather than curtailed, and reasona!le oortunity to act
shall !e afforded those units !efore control is e%ercised"
6!7 With resect to functions involving discretion,
e%erienced 'udgment or e%ertise vested !y law uon a
su!ordinate agency, control shall !e e%ercised in
accordance with said law" and
6c7 With resect to any regulatory function of an agency
su!'ect to deartment control, the authority of the
deartment shall !e governed !y the rovisions of
Chater 9 of this !oo3.
687 *his Chater shall not aly to chartered institutions or
government#owned or controlled cororations attached to the
deartment.
Secti! &). Dele!ation of %uthority. # *he Secretary or the head of
an agency shall have authority over and resonsi!ility for its
oeration. He shall delegate such authority to the !ureau and
regional directors as may !e necessary for them to imlement lans
and rograms ade5uately. >elegated authority shall !e to the e%tent
necessary for economical, efficient and effective imlementation of
national and local rograms in accordance with olicies and standards
develoed !y each deartment or agency with the articiation of the
regional directors. *he delegation shall !e in writing" shall indicate to
which officer or class of officers or emloyees the delegation is made"
and shall vest sufficient authority to ena!le the delegate to discharge
his assigned resonsi!ility.
Secti! &1. "ine +ureau %uthority. #
617 :ine !ureaus of a deartment shall e%ercise suervision
and control over their regional and other field offices. *hey
shall !e directly resonsi!le for the develoment and
imlementation of lans and rograms within their resective
functional secialiAations" and
687 *he regional and other field offices shall constitute the
oerating arms of the !ureau concerned for the direct
imlementation of the lans and rograms drawn u in
accordance with aroved olicies and standards. As
counterarts of the !ureau in the region, they shall underta3e
!ureau oerations within their resective 'urisdictions, and !e
directly resonsi!le to their !ureau director.
CHAPTER 9
RE$ATIONSHIPS OF GOVERNMENT/O*NED OR CONTRO$$ED
CORPORATIONS AND REGU$ATORY AGENCIES TO THE
DEPARTMENT
Secti! &2. Government&,-ned or Controlled Corporations. #
&overnment#owned or controlled cororations shall !e attached to
the aroriate deartment with which they have allied functions, as
hereinafter rovided, or as may !e rovided !y e%ecutive order, for
olicy and rogram coordination and for general suervision rovided
in ertinent rovisions of this Code.
,n order to fully rotect the interests of the government in
government#owned or controlled cororations, at least one#third
61H97 of the mem!ers of the ?oards of such cororations should
either !e a Secretary, or 0ndersecretary, or Assistant Secretary.
Secti! &%. #e!ulatory %!encies. #
617 A regulatory agency shall !e su!'ect to the administrative
suervision of the deartment under which they are laced,
e%cet when they are government cororations in which case
they shall !e governed !y the rovisions of the receding
section"
687 *he heads of regulatory agencies shall su!mit annually, for
the aroval of the Secretary concerned, their !udgets and
wor3 lans which shall !e the !asis of their day#to#day
oerations" and
697 *he regulatory agencies may avail themselves of the
common au%iliary and management services of the deartment
as may !e convenient and economical for their oerations.
CHAPTER 1)
APPOINTMENTS AND 1UA$IFICATIONS
Secti! &&. %ppointment of Secretaries. # *he Secretaries of
>eartments shall !e aointed !y the 1resident with the consent of
the Commission on Aointments, at the !eginning of his term of
office, and shall hold office, unless sooner removed, until the
e%iration of his term of office, or until their successors shall have
!een aointed and 5ualified.
Secti! &'. 5ualifications of Secretaries. # *he Secretaries shall !e
citiAens of the 1hiliines and not less than twenty#five years of age.
Secti! &(. %ppointments of )ndersecretaries and %ssistant
Secretaries. # *he 0ndersecretaries and Assistant Secretaries of
>eartments shall, uon the nomination of the Secretary of the
>eartment concerned, !e aointed !y the 1resident.
Secti! &7. %ppointment to other Senior Positions and their
E$uivalents. # >irectors and Assistant >irectors of ?ureaus, Regional
and Assistant Regional >irectors, >eartment Service Chiefs, and
their E5uivalents shall !e aointed !y the 1resident in accordance
with law, rules and regulations.
Secti! &8. Dis$ualification of the spouse and relatives of the
President. # *he souse and relatives !y consanguinity or affinity
within the fourth civil degree of the 1resident shall not during his
tenure !e aointed as Secretaries, 0ndersecretaries, Chairmen or
heads of !ureaus or offices including government#owned or controlled
cororations and their su!sidiaries.
Secti! &9. /nhibitions %!ainst 1oldin! ore than T-o Positions. #
Even, if allowed !y law or !y the rimary functions of his osition, a
mem!er of the Ca!inet, undersecretary, assistant secretary or other
aointive official of the E%ecutive >eartment may, in addition to his
rimary osition, hold not more than two ositions in the government
and government#owned cororations and receive the corresonding
comensation therefor2 1rovided, that this limitation shall not aly
to ad hoc !odies or committees, or to !oards, councils or !odies of
which the 1resident is the Chairman.
,f a Secretary, 0ndersecretary, Assistant Secretary or other
aointive official of the E%ecutive >eartment holds more ositions
than what is allowed in the receding aragrah, he must relin5uish
the e%cess ositions in favor of a su!ordinate official who is ne%t in
ran3, !ut in no case shall any official hold more than two ositions
other than his rimary osition.
CHAPTER 11
ADMINISTRATIVE ISSUANCES
Secti! '). General Classification of /ssuances. # *he administrative
issuances of Secretaries and heads of !ureaus, offices or agencies
shall !e in the form of circulars or orders.
617 Circulars shall refer to issuances rescri!ing olicies, rules
and regulations, and rocedures romulgated ursuant to law,
alica!le to individuals and organiAations outside the
&overnment and designed to sulement rovisions of the law
or to rovide means for carrying them out, including
information relating thereto" and
687 )rders shall refer to issuances directed to articular offices,
officials, or emloyees, concerning secific matters including
assignments, detail and transfer of ersonnel, for o!servance
or comliance !y all concerned.
Secti! '1. Numberin! System of /ssuances. # Every circular or
order issued ursuant to the receding section shall roerly !e
identified as such and chronologically num!ered. Each class of
issuance shall !egin with num!er 1 of each calendar year .
Secti! '2. ,fficial "o!boo.. # Each deartment, !ureau, office or
agency shall 3ee and reserve a log!oo3 in which shall !e recorded
in chronological order, all final official acts, decisions, transactions or
contracts, ertaining to the deartment, !ureau, office or agency.
Whenever the erformance of an official act is in issue, the date and
the time record in the log!oo3 shall !e controlling. *he log!oo3 shall
!e in the custody of the chief Administrative )fficer concerned and
shall !e oen to the u!lic for insection.
Secti! '%. Government&-ide %pplication of the Classification of
/ssuances. #
617 *he Records Fanagement and Archives )ffice in the
&eneral Services Administration shall rovide such assistance
as may !e necessary to effect general adherence to the
foregoing classification of issuances, including the conduct of
studies for develoing su!#classifications and guidelines to
meet eculiar needs" and
687 All administrative issuances of a general or ermanent
character shall !e comiled, inde%ed and u!lished ursuant to
the rovisions of this Code.
CHAPTER 12
MISCE$$ANEOUS RECEIPTS
Secti! '&. Char!es for Property Sold or Services #endered7
#efunds. #
617 +or services re5uired !y law to !e rendered for a fee, for
sulies furnished, or articles of any 3ind sold to other
divisions of the government or to any erson, the head of
!ureau, office or agency may, uon aroval of the Secretary
charge and collect the cost of the service, sulies, or articles
or other rate in e%cess of cost rescri!ed !y law or aroved
!y the same authority. +or local governments, the rate, e%cet
where otherwise rescri!ed !y law, shall !e affi%ed at cost or
at such other reasona!le rate in e%cess of cost !y the !oards
or councils concerned"
687 *he officer authoriAed to fi% the amount to !e aid for
service rendered and sulies or articles furnished or sold may
recommend that the whole or art of any sum so aid !e
refunded, uon aroval of the Commission on Audit.
Secti! ''. Disposition of iscellaneous +ureau #eceipts. # ,n the
a!sence of secial rovision, money collected for roerty sold or
service rendered, and all other receits or earnings of !ureaus,
offices, and agencies not derived from ta%ation, shall accrue to the
general unaroriated funds of the (ational &overnment.
Secti! '(. Printin! of Studies and #esearches. # With the aroval
of the Secretary, a !ureau, office, or agency may rint its studies,
researches and similar materials for distri!ution at cost to the u!lic.
*he Secretary may authoriAe the rinting or rerinting of the said
materials !y rivate ersons for sale to the u!lic uon ayment of
such royalties as may !e fi%ed !y him, which shall accrue to the
general fund.
CHAPTER 1%
CONTRACTS
Secti! '7. Conveyances and Contracts to -hich the Government is
a Party. # Any deed, instrument or contract conveying the title to real
estate or to any other roerty the value of which does not e%ceed
fifty million esos 61<B,BBB,BBB7 awarded through u!lic !idding, and
five million esos 61<,BBB,BBB7 awarded through negotiation, shall !e
e%ecuted and signed !y the resective Secretary on !ehalf of the
&overnment of the 1hiliines. Where the value of the roerty
e%ceeds the aforesaid ceilings, such deed, instrument or contract
shall !e e%ecuted and signed !y the 1resident of the 1hiliines on
!ehalf of the &overnment.
Secti! '8. Ceilin! for /nfrastructure Contracts. # *he following shall
!e the ceilings for all civil wor3s, construction and other contracts for
infrastructure ro'ects, including suly contracts for said ro'ects,
awarded through u!lic !idding or through negotiation, which may !e
aroved !y the Secretaries of 1u!lic Wor3s and Highways,
*ransortation and Communications, :ocal &overnment with resect
to Rural Road ,mrovement 1ro'ect, and governing !oards of
government#owned or controlled cororations2

Awarded
through
1u!lic
?idding
Awarded
through
(egotiation
a. Secretary of 1u!lic Wor3s and
Highways
11BB Fil. 11B Fil.
!. Secretary of *ransortation and
Communications
1BB Fil. 1B Fil.
c. Secretary of :ocal &overnment with
resect to the Rural Road
,mrovement 1ro'ect
1BB Fil. 8 Fil.
d. &overnment ?oards of ,nfra#
structure Cororations 6(ational
1ower Cororation, (ational
,rrigation Administration,
<B Fil. < Fil.
Fetroolitan Waterwor3s and
Sewerage System, (ational Housing
Authority, 1hiliine 1ort Authority,
(ational Electrification
Administration, E%ort 1rocessing
-one Authority, 1hiliine (ational
Railways, :ocal Water 0tilities
Administration, :ight Rail *ransit
Authority and 1hiliine (ational )il
Comany7
e. &overning ?oards of (on#
,nfrastructure Cororations
7.< Fil. 1 Fil.
Save as rovided for a!ove, the aroval ceilings assigned to the
deartmentsHagencies involved in national infrastructure and construction
ro'ects shall remain at the levels rovided in e%isting laws, rules and
regulations.
Secti! '9. Contracts for %pproval by the President. # Contracts for
infrastructure ro'ects, including contracts for the suly of materials and
e5uiment to !e used in said ro'ects, which involve amounts a!ove the
ceilings rovided in the receding section shall !e aroved !y the
1resident2 1rovided, *hat the 1resident may, when conditions so warrant,
and uon recommendation of the (ational Economic and >eveloment
Authority, revise the aforesaid ceilings of aroving authority.
Secti! (). %pproval of Consultancy Contracts. # All urely consultancy
contracts relating to infrastructure ro'ects, regardless of amount, shall !e
aroved !y the Secretaries concerned, in accordance with the &uidelines
on the Hiring of Consultants to !e romulgated !y the (ational Economic
and >eveloment Authority2 1rovided, *hat the (ational Economic and
>eveloment Authority shall !e furnished !y the deartments, agencies or
government cororations concerned, coies of all consultancy contracts
entered into !y them involving an amount in e%cess of 11 million for
monitoring uroses.
Secti! (1. Dele!ation of %uthority to Governin! +oards of Government
Corporations. # *he Secretaries are authoriAed to delegate to the governing
!oards of government#owned or controlled cororations which are attached
to or are under the administrative suervision of their resective
deartments, the authority to arove contracts for infrastructure ro'ects
entered into !y said cororations involving amounts which are !eyond the
ceiling rovided for government cororations under Section <7 hereof !ut
which are within the aroving authority of the Secretaries under the said
Section. ,n the case of government cororations which are attached to or
under the )ffice of the 1resident, the delegation shall !e made !y the
E%ecutive Secretary.
Secti! (2. Public +iddin! of Contracts7 E2ceptions. # As a general rule,
contracts for infrastructure ro'ects shall !e awarded after oen u!lic
!idding to !idders who su!mit the lowest resonsiveHevaluated !ids. )en
1u!lic ?idding shall !e conducted among re5ualified contractors in
accordance with laws, rules and regulations not inconsistent with the
rovisions of this Chater. *he award of such contracts through negotiations
shall only !e allowed !y the Secretary or &overning ?oard of the
Cororation concerned within the limits as stated in Section <7 hereof in the
following cases2
a. ,n times of emergencies arising from natural calamities where
immediate action is necessary to revent imminent loss of life or
roerty, in which case, direct negotiation or simlified !idding may
!e underta3en"
!. +ailure to award the contract after cometitive u!lic !idding for
valid cause or causes, in which case, simlified !idding may !e
underta3en" and
c. Where the construction ro'ect covered !y the contract is ad'acent
or contiguous to an on#going ro'ect and it could !e economically
rosecuted !y the same contractor, in which case, direct negotiation
may !e underta3en with the said contractor at the same unit rices
and contract conditions, less mo!iliAation costs, rovided that he has
no negative sliage and has demonstrated a satisfactory
erformance. )therwise, the contract shall !e awarded through u!lic
!idding.
Secti! (%. Contracts for Community Employment and Development
Pro!ram Pro8ects. # Contracts covering ro'ects under the Community
Emloyment and >eveloment 1rogram of the government shall !e
awarded through oen u!lic !idding2 1rovided, *hat the invitation to !id
for the said ro'ects shall !e advertised at least once within one wee3 in a
newsaer of local circulation within the rovince where the ro'ect is
situated, through osting of notices in the remises of the
municialHrovincial office, and through other forms of media, such as radio
and television2 1rovided, further, *hat the deadline for su!mission of !ids
for ro'ects costing not more than 11 million each may !e shortened to one
wee3 after the date of such invitation, osting of notices or advertisement
through other forms of media.
Secti! (&. Constitution of the Pre$ualification* +ids* and %-ards
Committee. # Each deartment, office or agency shall have in its head office
or in its imlementing offices a 1re5ualification, ?ids and Awards Committee
which shall !e resonsi!le for the conduct of re5ualification of contractors,
!iddings, evaluation of !ids and recommending awards of contracts. Each
1re5ualification, ?ids and Awards Committee shall !e comosed of the
following2
a. A Chairman 6regular7 who should at least !e a third ran3ing official
of the deartmentHagencyHimlementing )ffice"
!. An E%ecutive )fficer and Secretary 6regular7 who is a :egal )fficer
of the deartmentHofficeHimlementing office"
c. A *echnical Fem!er 6regular7 to !e designated !y the Secretary or
the head of the officeHagencyHimlementing office"
d. *wo mem!ers 6rovisional7 with e%erience in the tye of ro'ect
to !e !idded and in ro'ect management, duly designated !y the
Secretary or the head of the officeHimlementing office on a ro'ect#
to#ro'ect !asis" and
e. A reresentative from at least one of the following organiAations
who shall !e a non#voting mem!er2
1. 1hiliine ,nstitute of Civil Engineers
8. 1hiliine Contractors Association
9. (ational Confederation of Contractors Associations of the
1hiliines, ,nc.
;. 1hiliine ,nstitute of Certified 1u!lic Accountants
*he reresentation in the 1re5ualification, ?ids and Awards Committee of
the a!ove#mentioned rivate organiAations shall !e made as follows2
1. >uring the re5ualification stage, the reresentative to !e invited
shall come from the 1hiliine ,nstitute of Certified 1u!lic
Accountants" and
8. ,n the !idding, !id evaluation and award stages, a reresentative
each from the 1hiliine ,nstitute of Certified 1u!lic Accountants and
from the 1hiliine Contractors Association or the (ational
Confederation of Contractors Associations of the 1hiliines, ,nc. shall
!e invited as non#voting mem!ers of the 1re5ualification, ?ids and
Awards Committee without re'udice to inviting another
reresentativeHs from any of the other organiAations mentioned
a!ove.
Secti! ('. Aroval of other tyes of &overnment Contracts. # All other
tyes of government contracts which are not within the coverage of this
Chater shall, in the a!sence of a secial rovision, !e e%ecuted with the
aroval of the Secretary or !y the head of the !ureau or office having
control of the aroriation against which the contract would create a
charge. Such contracts shall !e rocessed and aroved in accordance with
e%isting laws, rules and regulations.
CHAPTER 1&
CONTROVERSIES AMONG GOVERNMENT OFFICES AND
CORPORATIONS
Secti! ((. 1o- Settled. # All disutes, claims and controversies, solely
!etween or among the deartments, !ureaus, offices, agencies and
instrumentalities of the (ational &overnment, including government#owned
or controlled cororations, such as those arising from the interretation and
alication of statutes, contracts or agreements, shall !e administratively
settled or ad'udicated in the manner rovided in this Chater. *his Chater
shall, however, not aly to disutes involving the Congress, the Sureme
Court, the Constitutional Commissions, and local governments.
Secti! (7. Disputes /nvolvin! 5uestions of "a-. # All cases involving only
5uestions of law shall !e su!mitted to and settled or ad'udicated !y the
Secretary of Custice as Attorney#&eneral of the (ational &overnment and as
e% officio legal adviser of all government#owned or controlled cororations.
His ruling or decision thereon shall !e conclusive and !inding on all the
arties concerned.
Secti! (8. Disputes /nvolvin! 5uestions of (act and "a-. # Cases
involving mi%ed 5uestions of law and of fact or only factual issues shall !e
su!mitted to and settled or ad'udicated !y2
617 *he Solicitor &eneral, if the disute, claim or controversy involves
only deartments, !ureaus, offices and other agencies of the (ational
&overnment as well as government#owned or controlled cororations
or entities of whom he is the rincial law officer or general counsel"
and
687 *he Secretary of Custice, in all other cases not falling under
aragrah 617.
Secti! (9. %rbitration. # *he determination of factual issues may !e
referred to an ar!itration anel comosed of one reresentative each of the
arties involved and resided over !y a reresentative of the Secretary of
Custice or the Solicitor &eneral, as the case may !e.
Secti! 7). %ppeals. # *he decision of the Secretary of Custice as well as
that of the Solicitor &eneral, when aroved !y the Secretary of Custice,
shall !e final and !inding uon the arties involved. Aeals may, however,
!e ta3en to the 1resident where the amount of the claim or the value of the
roerty e%ceeds one million esos. *he decision of the 1resident shall !e
final.
Secti! 71. Rules and Regulations. # *he Secretary of Custice shall
romulgate the rules and regulations necessary to carry out the rovisions
of this Chater.
Tit-e I
FOREIGN AFFAIRS
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # *he State shall ursue an indeendent
foreign olicy. ,n its relations with other states the aramount consideration
shall !e national sovereignty, territorial integrity, national interest, and the
right to self#determination.
Secti! 2. andate. # *he >eartment shall !e the lead agency that shall
advise and assist the 1resident in lanning, organiAing, directing,
coordinating and evaluating the total national effort in the field of foreign
relations.
Secti! %. Po-ers and (unctions. # *o carry out its mandate and
accomlish its mission, the >eartment shall2
617 Conduct the countryEs foreign relations"
687 Faintain and develo the countryEs reresentation with foreign
governments"
697 Conduct 1hiliine reresentation in the 0nited (ations, the
Association of Southeast Asian (ations 6ASEA(7, and other
international and regional organiAations"
6;7 Serve as the channel for matters involving foreign relations,
including official communications to and from the Reu!lic of the
1hiliines"
6<7 (egotiate treaties and other agreements ursuant to instructions
of the 1resident, and in coordination with other government
agencies"
6=7 1romote trade, investments, tourism and other economic
relations with other countries in cooeration with other government
agencies"
677 +oster cultural relations with other countries and rotect and
enhance the 1hiliinesE image a!road"
6$7 0nderta3e efforts to inform the international community a!out
the 1hiliines in cooeration with other government agencies"
697 1rotect and assist 1hiliine nationals a!road"
61B7 Carry out legal documentation functions as rovided for !y law
and regulations"
6117 Fonitor and analyAe events in other countries and reort them,
as aroriate, to the 1resident and other government agencies"
6187 ,nitiate, formulate, integrate and su!mit to the 1resident short,
medium, and long#range foreign olicy lans and rograms in
cooeration with other government agencies"
6197 Suervise and direct officials and emloyees assigned !y the
>eartment and other government agencies to +oreign Service
esta!lishments a!road in accordance with the ertinent laws, rules
and inter#agency agreements"
61;7 Recruit, maintain and develo a rofessional career foreign
service !ased on merit" and
61<7 1erform such other functions as may !e rovided !y law.
Secti! &. )rganiAational Structure. # *he >eartment shall have the
following units2
617 *he >eartment 1roer which shall !e comosed of the )ffice of the
Secretary, the )ffices of the 0ndersecretaries, the )ffices of the Assistant
Secretaries, and the Home )ffices"
687 *he +oreign Service Esta!lishments which are the 1hiliine Em!assies,
Consulates, :egations and 1ermanent Fissions.
CHAPTER 2
DEPARTMENT PROPER
Secti! '. ,ffices )nder the Direct Supervision of the Secretary. # *he
Secretary shall e%ercise direct suervision over the following2
617 +oreign Service ,nstitute. # *he +oreign Service ,nstitute shall
continue to oerate under its charter, and shall have the following
main o!'ectives and resonsi!ilities2
6a7 1rogram, imlement, and manage the Career +oreign
Service >eveloment 1rogram 6C+S>17 in all of its main
comonents for the urose of ugrading the rofessional
Career +oreign Service Cors"
6!7 1rogram, imlement and manage comlementary
organiAational develoment rograms for the >eartment as
well as other training and educational rograms for !oth its
career and non#career ersonnel, and ersonnel of other
government agencies assigned to foreign missions"
6c7 1rogram, imlement and manage the necessary suortive
lans and oerating systems for the Career +oreign Service
>eveloment 1rograms and comlementary rograms"
6d7 >evelo its own olicies, and rules, rogram of activities,
core staff and consultants, administrative structure, oerating
systems and resources, in order to ena!le it to accomlish
cometently its activities.
,t shall !e revitaliAed as the training, research, and career
develoment arm of the >eartment, in accordance with such
rules as may !e rescri!ed !y the Secretary. *he ,nstitute
shall !e an integral articiant in the lanning review rocess
in the >eartment.
687 0(ESC) (ational Commission of the 1hiliines. # *he 0nited
(ations Educational Scientific and Cultural )rganiAation 60(ESC)7
(ational Commission of the 1hiliines shall, in coordination with the
)ffice of 0nited (ations and other international organiAations, advise
the 1hiliine &overnment and the 1hiliine delegation to the
0(ESC) Conference, on matters relating to 0(ESC), and shall
function as a liaison agency on matters ertaining to the Commission.
697 *echnical Assistance Council. # *he *echnical Assistance Council
shall continue to erform its resent functions including the conduct
and e%ansion of its rograms.
Secti! (. )ndersecretaries. # *he Secretary shall !e assisted !y two 687
0ndersecretaries, who shall !e aointed !y the 1resident, uon the
recommendation of the Secretary. *he Secretary shall determine and assign
the resective functions and resonsi!ilities of the 0ndersecretaries. *he
Secretary shall designate one of the 0ndersecretaries as Acting Secretary in
his a!sence.
Secti! 7. %ssistant Secretaries. # *he Secretary shall !e assisted !y si%
6=7 Assistant Secretaries who shall !e aointed !y the 1resident uon
recommendation !y the Secretary. *he Secretary shall delineate the
resective areas of resonsi!ility of each Assistant Secretary.
Secti! 8. 1ome ,ffices. #
617 &eograhical )ffices. # *he following offices shall !e resonsi!le
for roviding staff suort and olicy guidance in the coordination,
suervision, monitoring, integration, and reorting of the activities
and oerations of 1hiliine dilomatic missions and esta!lishments
within their geograhical coverage2
6a7 )ffice of Asian and 1acific Affairs2 Caan and (ortheast
Asia, China, Central Asia, Southeast Asia, South Asia and
1acific countries"
6!7 )ffice of Fiddle East and African Affairs2 the &ulf States,
Fiddle East and (orth Africa, West Africa and East Africa"
6c7 )ffice of American Affairs2 0nited States of America,
Canada, Fe%ico, the Central American and Cari!!ean
countries, and South America.
6d7 )ffice of Euroean Affairs2 0nion of Soviet Socialist
Reu!lics, Western Euroe, Eastern Euroe and Central
Euroe.
687 )ffice of ASEA( Affairs. # *he )ffice of ASEA( Affairs shall !e
resonsi!le for 1hiliine articiation and negotiation, as well as
roviding staff suort and olicy guidance in the coordination,
suervision, monitoring, integration, reorting and oerations of the
1hiliine &overnment in the ASEA(.
697 )ffice of the 0nited (ations and )ther ,nternational
)rganiAations. # *he )ffice of the 0nited (ations and other
,nternational )rganiAations shall !e resonsi!le for 1hiliine
articiation and negotiation as well as roviding staff suort and
olicy guidance in the coordination, suervision, monitoring,
integration, reorting and oerations of the 1hiliine &overnment in
the 0nited (ations, its secialiAed agencies and other international
organiAations. ,t shall also serve as the secretariat of all 1hiliine
(ational Commissions and Councils created ursuant to commitments
in the 0nited (ations and its secialiAed agencies.
6;7 )ffice of ,nternational Economic Affairs and >eveloment. # *he
)ffice of ,nternational Economic Affairs and >eveloment shall !e
resonsi!le for conducting rograms and activities of the >eartment
in the fields of international trade, finance and economics" coordinate
with the regional offices and the )ffice of 0nited (ations and
,nternational )rganiAations" and, in coordination with the
>eartment of *rade and ,ndustry, conduct trade and investment
romotion activities of the >eartment.
6<7 )ffice of Cultural Affairs and 1u!lic ,nformation Services. # *he
)ffice of Cultural Affairs and 1u!lic ,nformation Services shall !e
resonsi!le for romoting the cultural and u!lic information rogram
of the &overnment a!road and for the develoment and
dissemination of information and the coordination of information
activities on the &overnmentEs foreign and domestic olicies.
6=7 )ffice of 1ersonnel and Administrative Services. # *he )ffice of
1ersonnel and Administrative Services shall !e resonsi!le for the
efficient management of human resources and administrative suort
services, and shall ma3e aroriate recommendations, including
those concerning 'o! classification, salary administration, !enefits,
retirement, and awards to deserving mem!ers of the +oreign Service.
677 )ffice of +inancial Fanagement Services. # *he )ffice of +inancial
Fanagement Services shall !e resonsi!le for !udgetary, financial
and accounting services in the >eartment and the +oreign Service.
6$7 )ffice of Consular Services. # *he )ffice of Consular Services shall
!e resonsi!le for the efficient and effective delivery of assort, visa
and authentication services. ,t shall also e%tend assistance to +iliino
nationals !oth here and a!road.
Secti! 9. %dvisory +oards and Committees. # *he Secretary may create
such advisory !oards and committees as he may deem necessary to assist
and rovide him with advice in the formulation of olicies, as well as
designate as secial advisers such Chiefs of Fission who are on home
assignment on secific areas of their e%ertise.
CHAPTER %
DEPARTMENT SERVICES
Secti! 1). ,ffice of the "e!al %dviser. # *he )ffice of the :egal Adviser
shall !e headed !y a :egal Adviser, who shall !e a career Chief of Fission.
However, the :egal Adviser may !e aointed !y the 1resident, uon the
recommendation of the Secretary, from outside the career service, in which
case he shall have the assimilated ran3 of a Chief of Fission. His term shall
!e co#terminus with the tenure of the Secretary, unless sooner terminated,
and he is not eligi!le for foreign assignment. *he :egal Adviser shall rovide
legal advice and services to the >eartment.
Secti! 11. ,ffice of Coordination and Policy Plannin!. # *he )ffice of
Coordination and 1olicy 1lanning shall !e headed !y the Chief Coordinator.
*he )ffice of Coordination and 1olicy 1lanning shall initiate, coordinate and
integrate the lanning of foreign olicy. ,t shall rovide staff suort to the
)ffice of Secretary and erform coordinating and such other functions as
may !e rescri!ed !y the Secretary.
Secti! 12. ,ffice of Data +an.in! and Communication. # *he )ffice of
>ata ?an3ing and Communication shall esta!lish and maintain a modern
data and communication center in the >eartment. *he )ffice shall2
617 Assist the Secretary on all matters regarding data !an3ing and
information retrieval"
687 Esta!lish, develo and maintain a comuteriAed foreign#relations
data !an3 for the >eartment"
697 Esta!lish, develo and maintain !oth domestic and foreign service
communications systems, including efficient flow systems for all
corresondence !etween and among all >eartment units"
6;7 Esta!lish, develo and maintain the records system of the entire
>eartment"
6<7 1rovide technical assistance to any service, office, or attached
agency of the >eartment, on matters within its cometence" and
6=7 1erform such other functions as may !e assigned !y the
Secretary.
Secti! 1%. ,ffice of Protocol* State and ,fficial 3isits. # *he )ffice of
1rotocol, State and )fficial @isits shall coordinate rearations for state
visits, the recetion of Chiefs of State, heads of &overnment, the highest
foreign dignitaries visiting the 1hiliines, as well as official visits of
1hiliine officials a!road, as may !e determined !y the 1resident. ,t shall
also !e resonsi!le for handling all activities of the >eartment concerning
rotocol, ceremonials and socials, the roer o!servance and enforcement
of formalities, courtesies, facilities, immunities and rivileges under the
@ienna Convention on >ilomatic Relations and the @ienna Convention on
Consular Relations, and other alica!le conventions and agreements.
Secti! 1&. ,ffice of /ntelli!ence and Security. # *he )ffice of ,ntelligence
and Security shall adot a system of information gathering and analysis, act
as liaison with the intelligence community, and rovide security services in
the >eartment. ,t shall also underta3e the enforcement and monitoring of
security rocedures in the >eartment and +oreign Service esta!lishments.
CHAPTER &
"OARD OF FOREIGN SERVICE ADMINISTRATION
Secti! 1'. Composition. # *he ?oard of +oreign Service Administration
shall !e comosed of nine 697 mem!ers2 one 617 0ndersecretary as
Chairman" the other 0ndersecretary as @ice#Chairman" the si% 6=7 Assistant
Secretaries and the :egal Adviser, as mem!ers.
Secti! 1(. (unctions. # *he ?oard shall !e resonsi!le for considering and
recommending olicies for the efficient and economical discharge of the
administrative oerations of the >eartment and the +oreign Service. ,t
shall also consider and su!mit recommendation on olicy and other matters
concerning ersonnel, including the aointment, romotion and
assignment of +oreign Service Staff )fficers and Emloyees, as well as
recommend to the 1resident through the Secretary the aointment and
romotion of +oreign Service )fficers, Counselors and Chiefs of Fission. ,t
shall also act and su!mit recommendations on administrative cases
involving ersonnel of the >eartment and the +oreign Service.
CHAPTER '
"OARD OF FOREIGN SERVICE EXAMINERS
Secti! 17. Composition. # *he ?oard of +oreign Service E%aminers shall
!e comosed of one 617 0ndersecretary as Chairman" and the Assistant
Secretary for 1ersonnel and Administrative Services and a Commissioner of
the Civil Service Commission as mem!ers. *he ?oard shall !e under the
administrative suervision of such 0ndersecretary.
Secti! 18. (unctions. # *he ?oard shall !e resonsi!le for lanning and
administering the +oreign Service )fficers E%aminations and the +oreign
Service Staff )fficers and +oreign Service Staff Emloyees E%aminations.
CHAPTER (
ATTACHED AGENCIES
Secti! 19. %ttached %!encies. # *he :aw of the Sea Secretariat, the ,nter#
Agency *echnical Committee on Economic, Scientific and *echnical
Cooeration with Socialist Countries 6S)CC)F7, the ,nter#Agency *echnical
Committee on *echnical Cooeration Among >eveloing Countries 6,A*C#
*C>C7, the 1ermanent ,nter#Agency *echnical Committee on ESCA1 Fatters
61,*CEF7, and other agencies attached to the >eartment shall continue to
oerate and function in accordance with their resective charters or laws
creating them, e%cet as otherwise rovided in this Code.
CHAPTER 7
THE FOREIGN SERVICE
Secti! 2). (unctions of Diplomatic issions. # *he >ilomatic Fissions
shall2
617 Reresent the 1hiliines a!road and romote friendly relations
with other countries in all fields"
687 1rotect national interests and the interests of +iliino nationals
a!road"
697 Ascertain and evaluate conditions and develoments a!road and
reort thereon to the >eartment Head"
6;7 Serve as channels of communication !etween the &overnment of
the 1hiliines and foreign governments" and
6<7 1erform such other functions rovided !y law.
Secti! 21. +unctions of Consular Esta!lishments. # *he consular
esta!lishments shall2
617 1rotect national interests a!road and romote foreign relations in
all fields, articularly in the economic and trade areas"
687 Ascertain and evaluate conditions and develoments a!road in
the commercial, economic, cultural and scientific fields and reort
thereon to the >eartment Head"
697 ,ssue assorts and travel documents to +iliino nationals, and
visas or aroriate documents to foreign nationals desiring to travel
to the 1hiliines"
6;7 1rotect the interests of +iliino nationals a!road, rovide
necessary services and assistance, and erform notarial functions
allowed !y regulations"
6<7 *ransmit 'udicial and e%tra#'udicial documents and e%ecute letters
rogatory or commissions to receive evidence a!road for 1hiliine
courts"
6=7 Suervise and insect in accordance with laws and regulations of
the 1hiliines, vessels and aircrafts and their crews" and
1. 1erform such other functions as may !e rovided !y law.
CHAPTER 8
ATTACHES AND REPRESENTATIVES
Secti! 22. %ttaches of the Department. # *he >eartment Head shall
designate attaches of the >eartment from the ran3s of +oreign Service
)fficers and +oreign Service Staff )fficers.
Secti! 2%. %ttaches of ,ther Departments. # *he assignment a!road of
ersonnel in any >eartment, ?ureau or office of the 1hiliine government
as attaches or reresentatives shall have the rior clearance of the
Secretary of +oreign Affairs. *he clearance shall include such matters as the
actual need for oening articular tyes of attache services, and the secific
laces where these services will !e made availa!le.
Secti! 2&. %ppointment and %ccreditation of %ttaches. #
617 *he authority to aoint attaches shall !e vested in the Head of
the >eartment or agency maintaining the attache service, who shall
consult with the Secretary of +oreign Affairs on such aointments.
687 A >eartment or agency shall have only one attache accredited to
it !y the receiving government, e%cet military attaches.
697 *he designation of attaches shall aly only to those serving in
dilomatic missions. *hose assigned to consular esta!lishments shall
!e designated as reresentatives.
E%cet in e%traordinary cases, each foreign service esta!lishment
shall have only military, la!or, revenue, tourism, information and
commercial attaches.
,n the event of the actual need for more than one attache, as
determined !y the deartment or agency in consultation with the
>eartment of +oreign Affairs, the succeeding attache shall !e
accredited as assistant attache.
Secti! 2'. #elationships +et-een the Chief of ission and %ttaches. # *he
Chief of Fission shall !e resonsi!le for the conduct of affairs of
government at the dilomatic osts. All attaches and reresentatives of
other deartments, shall during their tour of duty, !e under the immediate
control and administrative suervision of the Chief of Fission where they
are assigned. *hey shall !e re5uired to su!mit their reorts to their
agencies through the Chief of Fission and the >eartment of +oreign
Affairs, e%cet when national security re5uires otherwise. *hey shall clear
with the Chief of Fission all their u!lic ronouncements at the dilomatic
ost, and all the documents and materials they send shall !e transmitted
through the dilomatic ouch.
*he suremacy of the Chief of Fission for the conduct of foreign relations at
the ost is esta!lished. *he Chief of Fission shall have the authority to
disciline attaches within his Fission, including the authority to have them
recalled, if necessary.
Secti! 2(. %ssimilated #an.s. #
617 E%cet as the 1resident may aoint, no officer of the 1hiliine
government stationed a!road, outside the >eartment of +oreign
Affairs, shall !e assigned assimilated ran3s higher than +oreign
Service )fficer Class ,.
687 *he assignment of assimilated ran3 ersonnel of the 1hiliine
government stationed a!road shall remain with the 1resident who
shall act on the !asis of recommendations of the >eartment of
+oreign Affairs and the >eartment of ?udget and Fanagement.
697 *he assimilated ran3s are for uroses of comensation only and
shall not confer dilomatic ran3 for uroses of rotocol. Civil
attaches shall always ran3 after the lowest ran3ing +oreign Service
officer in the ost.
Secti! 27. #elationship +et-een the Consul&General or the Principal
,fficer at the Consulate and the #epresentative. # *he relationshi of the
Consul#&eneral or the 1rincial )fficer at the ost and the Reresentatives
assigned to the said ost shall !e the same as the relationshi !etween the
Chief of Fission and the attaches.
Secti! 28. )niform #ules for %ttache Services. # A uniform set of rules
and regulations shall govern attache and reresentative services. *his shall
!e drafted !y an ,nter#>eartment Committee to !e comosed of the
0ndersecretary of +oreign Affairs as Chairman, and the 0ndersecretaries, or
e5uivalent officials, of the >eartments or agencies with attaches or
reresentatives a!road, as mem!ers.
CHAPTER 9
PERSONNE$
Secti! 29. Policy. # *o ena!le the +oreign Service to effectively serve
a!road the interests of the Reu!lic of the 1hiliines, it shall !e the olicy
of the >eartment that only ersons who are cometent, of good moral
character, and fully informed of the 1hiliine History and current trends in
+iliino life shall !e aointed to the service.
Secti! %). Cate!ories of ,fficers and Employees. # *he Service shall
consist of the following categories of officers and emloyees2
617 Chiefs of Fissions
687 Counsellors
697 +oreign Service )fficers
6;7 +oreign Service Staff )fficers
6<7 +oreign Service Staff Emloyees
6=7 Honorary Consuls
677 Alien Emloyees
Secti! %1. (orei!n Service ,fficers. # *here shall !e a career service
comosed of foreign service officers. *he Service shall consist of si% classes
of +oreign Service )fficers including Chiefs of Fissions and Counsellors.
617 A Chief of Fission may !e assigned as Am!assador E%traordinary
and 1leniotentiary, Head of an )ffice in the >eartment, or >euty
Chief of Fission.
687 A Counsellor may !e assigned as E%ecutive )fficer of an )ffice in
the >eartment, Counsellor in an Em!assy, or Head of a Consular
1ost.
697 *he assignments of the other classes of +oreign Service )fficers
shall !e as follows2
Home
)ffice
>ilomatic Service Consular
Service
Class , #Chief of >ivision +irst
Secretary
Consul
Class ,, #Chief of >ivision Secondary
Secretary
Consul
Class ,,, #Chief of >ivision *hird
Secretary
Consul
Class ,@ #Asst. Chief of >ivision *hird
Secretary
@ice#
Consul
6;7 ,n the home office, assignment to a osition re5uiring a ran3
higher than the actual ran3 of the +oreign Service )fficer shall !e in
an acting caacity.
6<7 A +oreign Service )fficer in any class may !e designated as a
secial assistant to the Secretary or to an 0ndersecretary. A +oreign
Service )fficer !elow the ran3 of Class , may !e designated as
1rincial Assistant to a Head of )ffice.
Secti! %2. +oreign Service Staff )fficers. # *here shall !e three
classes of +oreign Service Staff Emloyees to rovide the
administrative and technical services.
Secti! %%. +oreign Service Staff Emloyees. # *here shall !e three
classes of +oreign Service Staff Emloyees to rovide the clerical,
custodial, messengerial and similar services.
Secti! %&. Honorary Consuls. # Honorary consuls shall !e aointed
from among 5ualified rivate ersons to erform certain consular
functions on a non#career !asis.
CHAPTER 1)
APPOINTMENTS. COMPENSATION AND "ENEFITS
Secti! %'. (orei!n Service ,fficers. #
617 +oreign Service )fficers shall !e aointed !y the
1resident.
687 (o erson shall !e eligi!le for aointment as +oreign
Service )fficers unless he has assed the cometitive
e%aminations given !y the ?oard of +oreign Service E%aminers
and successfully comleted his ro!ationary service.
697 *he Secretary shall, uon the recommendation of the
?oard of +oreign Service, su!mit to the 1resident names of
eligi!les for aointment as +oreign Service )fficers. *he initial
aointment of +oreign Service )fficers shall only !e to +oreign
Service )fficers Class ,@ minimum.
Secti! %(. Staff ,fficers and Employees. # *he Secretary shall
aoint, in accordance with the Civil Service :aw, all +oreign Service
)fficers and +oreign Service Staff Emloyees who must !e in the
1hiliines at the time of their original or initial aointment.
Secti! %7. %lien Employees. # *he Secretary shall, uon the
recommendation of the head of dilomatic or consular esta!lishment
and as much as ossi!le in accordance with the Civil Service :aw,
aoint alien emloyees who shall !e recruited at the ost to
sulement the regular staff of a foreign service esta!lishment.
Secti! %8. Compensation and +enefits. # *he salaries, allowances,
travel e%enses, insurance and other !enefits of +oreign Service
)fficers, and Emloyees shall !e as rovided !y law and regulations.
CHAPTER 11
PROMOTIONS
Secti! %9. erit Promotion System. # *he ?oard of the +oreign
Service shall esta!lish a merit romotion system for all officers and
emloyees of the >eartment.
Secti! &). #e$uirements for Promotion in the Career Service. #
617 +or romotion to Chief of Fission Class ,, the candidate
must have served as a Chief of Fission Class ,, and rendered
continuous service as +oreign Service )fficer for at least twelve
6187 years"
687 +or romotion to Chief of Fission Class ,,, the candidate
must have served as a +oreign Service )fficer Class , and
rendered continuous service as +oreign Service )fficer for at
least ten years"
697 +or romotion to +oreign Service )fficer Class ,, the
candidate must have served as a +oreign Service )fficer Class
,,, and rendered continuous service as +oreign Service )fficer
for at least eight years"
6;7 +or romotion to +oreign Service )fficer Class ,,, the
candidate must have served as +oreign Service )fficer Class
,,,, and rendered continuous service as +oreign Service )fficer
for at least si% years"
6<7 +or romotion to +oreign Service )fficer Class ,,,, the
candidate must have rendered continuous service as a +oreign
Service )fficer Class ,@ for at least two years.
Secti! &1. Promotion of (orei!n Service ,fficers. #
617 1romotions of +oreign Service )fficers from one class to
the ne%t higher class shall !e made !y the 1resident uon the
recommendation of the Secretary. All romotions shall !e to
the lowest grade of the class.
687 1romotion in grade within the class shall !e made !y the
Secretary uon the recommendation of the ?oard of +oreign
Service Administration.
Secti! &2. Promotion of (orei!n Service Staff ,fficers* (orei!n
Service Staff Employees and %lien Employees. # 1romotions of foreign
service staff officers and emloyees and alien emloyees shall !e
made !y the Secretary, uon recommendation of the ?oard of the
+oreign Service Administration in accordance with the romotion
system.
CHAPTER 12
ASSIGNMENTS AND TRANSFERS
Secti! &%. #otation Plan. # *he secretary shall esta!lish a system of
assignments and transfers to ensure that all 5ualified officers and
emloyees, e%cet the emloyees in the non#career service, shall
serve in dilomatic and consular esta!lishments in different regions
of the world. *he assignment and transfer of ersonnel shall follow a
regular rotation lan. +or uroses of assignments, the home office
shall !e considered a ost. All ersonnel shall !e availa!le for
assignment to any ost.
Secti! &&. /nitial 1ome ,ffice #e$uirement. # (o +oreign Service
)fficer, Staff )fficer or Emloyee shall !e assigned to any foreign
service esta!lishment unless he has rendered continuous and
satisfactory service in the home office for at least three 697 years.
Secti! &'. Tour of Duty. #
617 *he tour of duty of a +oreign Service )fficer at any ost
shall !e four 6;7 years commencing on the date of his arrival at
the ost, after which he shall !e transferred to another ost"
687 *he tour of duty of a +oreign Service Staff )fficer or
Emloyee at any ost shall !e for a eriod of si% 6=7 years
commencing on the date of his arrival at the ost, after which
he shall !e transferred to another ost"
697 (o +oreign Service )fficer, Staff )fficer or Emloyee shall
serve more than two 687 consecutive tours of duty a!road"
6;7 (o +oreign Service )fficer may serve more than four 6;7
consecutive years in the home office, e%cet when designated
as Secretary or 0ndersecretary.
Secti! &(. #etirement. #
617 Any +oreign Service )fficer, Staff )fficer or Emloyee who
has reached the age of si%ty#five 6=<7 shall !e comulsorily
retired from the services unless his service is e%tended !y the
1resident in the interest of the service. Alien emloyees shall
!e allowed to retire from the service at the same age as that
rovided for emloyees of the governments of their resective
countries, rovided that retirement age shall not !e !eyond
si%ty#five 6=<7 years.
687 +oreign Service )fficers reinstated to the service after
retirement and who are assigned a!road as am!assadors or
chief of mission, and ersons who are aointed as
am!assadors without reviously serving as Career +oreign
Service )fficers shall !e considered automatically searated
from the +oreign Service uon termination of their assignment
a!road as am!assadors or chief of missions.
Secti! &7. #esi!nation. # *he Secretary shall have authority to
accet the resignation of any +oreign Service )fficer, Staff Emloyee,
Honorary Consul and Alien Emloyee.
CHAPTER 1%
PASSPORT
Secti! &8. Definition. # A 1hiliine assort is an official document
of identity of 1hiliine citiAenshi of the holder issued for travel
uroses.
Secti! &9. Persons Entitled. # )nly citiAens of the 1hiliines may
!e issued assorts. A minor may, uon his own alication, !e
issued a assort, e%cet when his natural or legal guardian re5uests
that the alication !e denied.
Secti! '). %uthority to /ssue* #estrict* Withdra- or Cancel. # *he
Secretary shall have authority to withhold the issuance or order the
cancellation or restriction of assorts uon lawful order of the court
or when he deems it necessary in the interest of national security,
u!lic safety or u!lic health, or in cases when a assort was
secured through misreresentation or fraud.
Secti! '1. Period of 3alidity* E2tension and #ene-al. # *he original
eriod of validity of a 1hiliine assort is two 687 years. ,t may !e
e%tended for another two 687 years rovided that the alication for
e%tension is made !efore the e%iration of four 6;7 years from the
date of original issue of the assort. However, the validity of a
assort may !e limited for a certain eriod or for a definite urose.
Secti! '2. Supplementary #e!ulation. # *he Secretary may
rescri!e sulementary regulations for the issuance, e%tension or
amendment of all 3inds of assorts.
Secti! '%. %mendments. # 0on alication, an une%ired assort
may !e amended to reflect the new civil status or new name or
surname of the holder, or to add more ages, or to modify a
condition or restriction therein.
Secti! '&. (ees. # *he Secretary shall rescri!e uniform fees for
the issuance, e%tension and amendment of assorts, and such other
services that may !e rendered !y the >eartment relating to
assorts. However, no fee shall !e collected for the issuance of
assorts to government officials roceeding a!road in the discharge
of their official duties attested !y regular travel orders or for those
issued to immediate mem!ers of their families on official travel.
CHAPTER 1&
MISCE$$ANEOUS PROVISIONS
Secti! ''. )se of Savin!s. # *he Secretary is authoriAed to use any
savings in the aroriations for the >eartment for the ayment of2
6a7 e%enses for the evacuation or reatriation to the 1hiliines,
when necessary due to an emergency, of mem!ers of the household
of the ersonnel of any dilomatic or consular esta!lishment as well
as the transortation of their ersonal effects" 6!7 actual return
assage !y the most direct and economical means of transortation
and the cost of shiment of the household effects to Fanila of any
officer or emloyee in the +oreign Service, including the immediate
deendent mem!ers of his family, who resigns or is searated from
the service for cause" 6c7 the cost of rearing and transorting the
remains of an officer or emloyee who is a citiAen of the 1hiliines
and the immediate mem!ers of his family who may die a!road or
while in travel status" or 6d7 contingent and unforeseen e%enses
that may arise in connection with the oeration of the +oreign
Service.
Secti! '(. Pool of (orei!n Service ,fficers. # ,n all aroriation
acts roviding funds for the oeration and maintenance of the
>eartment, the ositions of +oreign Service )fficers, including those
who may serve in the home office, shall !e in a ool groued
according to their classes with their salaries and allowances indicated
in one lum sum for each class, leaving to the head of office the
discretion to assign or commission those officers whenever their
services may !e utiliAed to advantage, su!'ect to the limitations
rovided !y law.
Tit-e II
FINANCE
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # ,t is the olicy of the State that
the >eartment of +inance shall !e rimarily resonsi!le for the
sound and efficient management of the financial resources of the
&overnment, its su!divisions, agencies and instrumentalities.
Secti! 2. andate. # *he >eartment shall !e resonsi!le for the
formulation, institutionaliAation and administration of fiscal olicies in
coordination with other concerned su!divisions, agencies and
instrumentalities of government.
Foreover, the >eartment shall !e resonsi!le for the generation and
management of the financial resources of the government, ensuring
that said resources are generated and managed 'udiciously and in a
manner suortive of develoment o!'ectives.
*he >eartment shall !e resonsi!le for the suervision of the
revenue oerations of all local government units, with the o!'ective
of ma3ing these entities less deendent on funding from the national
government.
+inally, the >eartment shall !e resonsi!le for the review, aroval
and management of all u!lic sector de!t, whether foreign or
domestic, with the end in view of ensuring that all !orrowed funds
are effectively utiliAed and all such o!ligations are romtly serviced
!y the government.
Secti! %. Po-ers and (unctions. # *o accomlish its goals, the
>eartment shall2
617 +ormulate long#range, medium#term and annual lans
covering the governmentEs resources mo!iliAation efforts, in
coordination with other concerned government agencies, and
involving all u!lic sector resources whether generated !y
revenues and oerations, foreign and domestic !orrowing, sale
or rivatiAation of cororations or assets, or from other
sources, and suervise the imlementation of such lans"
687 +ormulate, institutionaliAe and administer fiscal and ta%
olicies"
697 Suervise, direct and control the collection of government
revenues"
6;7 Act as custodian and manage all financial resources of the
national government"
6<7 0nderta3e and suervise activities related to the
negotiation, servicing and restructuring of domestic and
foreign de!t incurred or guaranteed !y the government and its
instrumentalities, including ta3ing art in activities which affect
the countryEs caacity to service foreign de!t"
6=7 Review and coordinate the olicies, lans and rograms of
government financial institutions and, thereafter, recommend
to them courses of action consistent with national government
fiscal olicies, lans and rograms"
677 Ensure the imlementation of necessary olicies and
measures on local revenue administration"
6$7 Coordinate with other government agencies on matters
concerning fiscal and monetary olicies, credit, economic
develoment, international finance, trade and investment" and
697 1erform such other owers and functions as may !e
rovided !y law.
Secti! &. ,r!anizational Structure. # *he >eartment shall consist
of the >eartment roer comrising the )ffice of the Secretary, the
)ffices of the 0ndersecretary and Assistant Secretaries, the Economic
,ntelligence and ,nvestigation ?ureau, the Service, the )erations
&rous and their constituent units, and the Regional )ffices.
CHAPTER 2
DEPARTMENT PROPER
Secti! '. ,ffice of the Secretary. # *he )ffice of the Secretary shall
consist of the Secretary, his 0ndersecretary and their immediate
staffs.
Secti! (. )ndersecretaries. # *he Secretary shall !e assisted !y five
6<7 0ndersecretaries aointed !y the 1resident uon the
recommendation of the Secretary, each of whom shall head,
resectively, the 1olicy >eveloment and Fanagement Services
&rou mentioned in Section $ hereof and the four 6;7 )erations
&rous mentioned in Section 9 hereof.
Secti! 7. %ssistant Secretaries. # *he Secretary shall also !e
assisted !y five 6<7 Assistant Secretaries aointed !y the 1resident
uon the recommendation of the Secretary. *he resective
assignments of the Assistant Secretaries and the reorting
rocedures to !e followed !y them shall !e determined !y the
Secretary.
CHAPTER %
DEPARTMENT SERVICES
Secti! 8. Policy Development and ana!ement Services Group. #
*he 1olicy >eveloment and Fanagement Services &rou, which shall
!e headed !y an 0ndersecretary, shall consist of the following2
617 1lanning and 1olicy Research )ffice"
687 Central Fanagement ,nformation )ffice"
697 Central Administration )ffice"
6;7 Central +inancial Fanagement )ffice"
6<7 1u!lic ,nformation and Assistance )ffice"
6=7 :egal )ffice" and
677 Regional Coordination )ffice.
Secti! 9. Plannin! and Policy #esearch ,ffice. # *he 1lanning and
1olicy Research )ffice shall have the following functions2
617 +ormulate long#range and annual ro'ections of revenue needs,
cash osition and !orrowing caacity of the &overnment as !asis for
olicy decisions of the deartment"
687 Suervise olicy research and develoment on fiscal and ta%
measures underta3en !y the oerating !ureaus and offices of the
deartment"
697 Coordinate with other government agencies on olicy research
and its imact on fiscal and ta% measures" and
6;7 1erform such other functions as may !e assigned !y the
Secretary or his undersecretaries.
Secti! 1). Central ana!ement /nformation ,ffice. # *he Central
Fanagement ,nformation )ffice shall have the following functions2
617 Esta!lish a Fanagement ,nformation System and su!#systems for
monitoring and evaluation of deartment#wide rograms and
ro'ects, including those that are e%ecuted !y oerating ?ureaus and
)ffices"
687 +ormulate olicies, lans and rocedures for data control and
systems management"
697 Act as the central reository of e%isting and future comuter files"
and
6;7 1erform such other aroriate functions as may !e assigned !y
the Secretary or his undersecretaries.
Secti! 11. Central %dministration ,ffice. # *he Central
Administration )ffice shall have the following functions2
617 Suervise >eartment#wide services relating to internal
cash management, ersonnel administration, roerty and
sulies rocurement, and custody" and maintenance of
central files, and corresonding reorting systems"
687 Assist in the formulation of olicies and guidelines on the
management of human and hysical resources and general
house3eeing activities for uniformity and standardiAation"
697 Serve as a center for the esta!lishment and eriodic
evaluation of management oeration systems, internal control
and wor3 oututs to determine >eartment#wide erformance
efficiency"
6;7 >esign and develo training olicies and guidelines,
administer and evaluate training rograms and in coordination
with e%ternal training institutions, screen and recommend to
the Secretary the articiation of >eartment ersonnel in
training rograms, seminars and conferences in the country or
a!road"
6<7 Ensure that >eartment#wide activities and efforts are
focused towards a central direction as em!odied in the national
socio#economic develoment lans" and
6=7 1erform such other aroriate functions as may !e
assigned !y the >eartment or his 0ndersecretaries.
Secti! 12. Central (inancial ana!ement ,ffice. # *he Central
+inancial Fanagement )ffice shall have the following functions2
617 Suervise >eartment#wide activities relating to !udget
rearation and management, deartment accounting, and
internal audit"
687 1erform such other aroriate functions as may !e
assigned !y the >eartment or his Secretary or his
0ndersecretaries.
Secti! 1%. Public /nformation and %ssistance ,ffice. # *he 1u!lic
,nformation and Assistance )ffice shall have the following functions2
617 1rovide olicy direction and guidance to the oerating
?ureaus and )ffices of the >eartment for the roer
dissemination of aroriate information or >eartment# wide
rograms, oerations and activities"
687 1rovide the oerating ?ureaus and )ffices with the general
framewor3 for rendering direct assistance to the general
u!lic"
697 Receive comlaints and grievances from the general u!lic"
reare referrals to concerned ?ureaus and )ffices and
monitor resonses or actions ta3en" and
6;7 1erform such other aroriate functions as may !e
assigned !y the Secretary or 0ndersecretary for 1olicy
>eveloment and Fanagement Service.
Secti! 1&. "e!al ,ffice. # *he :egal )ffice shall have the following
functions2
617 1reare draft oinions or rulings for the signature of the
>eartment Secretary or his 0ndersecretaries on matters
elevated to it !y the ?ureaus and )ffices of the >eartment"
687 Conduct legal researches on all matters referred to it !y
the Secretary or his 0ndersecretaries" and
697 1erform such other aroriate functions as may !e
assigned !y the Secretary or his 0ndersecretaries.
Secti! 1'. #e!ional Coordination ,ffice. # *he function of the
Regional Coordination )ffice is to coordinate the oerations of the
Regional )ffices.
CHAPTER &
"UREAUS
Secti! 1(. ,perations Groups. # *he )eration &rous, each of
which shall !e headed !y an 0ndersecretary, shall consist of the
following2
617 Revenue )erations &rou, comosed of the following2
6a7 ?ureau of ,nternal Revenue"
6!7 ?ureau of Customs"
6c7 Revenue Service"
6d7 :egal Service"
687 >omestic )erations &rou, comosed of the following2
6a7 ?ureau of *reasury"
6!7 ?ureau of :ocal &overnment +inance"
6c7 +inancial and +iscal 1olicy and 1lanning )ffice"
697 ,nternational +inance &rou, comosed of the following2
6a7 ,nternational +inance 1olicy )ffice"
6!7 ,nternational +inance )erations )ffice.
Secti! 17. Economic /ntelli!ence and /nvesti!ation +ureau. # *he
Economic ,ntelligence and ,nvestigation ?ureau, which shall !e
headed !y and su!'ect to the suervision and control of the
Commissioner, who shall in turn !e aointed !y the 1resident uon
the recommendation of the Secretary, shall have the following
functions2
617 Receive, gather and evaluate intelligence reorts and
information and evidence on the nature, modes and e%tent of
illegal activities affecting the national economy, such as, !ut
not limited to, economic sa!otage, smuggling, ta% evasion, and
dollar#salting, to investigate the same and aid in the
rosecution of cases"
687 Coordinate with e%ternal domestic or foreign agencies in
monitoring the financial and economic activities of ersons or
entities, which may adversely affect national financial interest
with the goal of regulating, controlling or reventing said
activities"
697 1rovide all intelligence units of oerating ?ureaus or )ffices
under the >eartment with the general framewor3 and
guidelines for the roer conduct of intelligence and
investigation wor3"
6;7 Suervise, monitor and coordinate all the intelligence and
investigation oerations of the oerating ?ureaus and )ffices
under the >eartment"
6<7 ,nvestigate, hear and file, uon clearance !y the Secretary,
anti#graft and corrution cases against ersonnel of the
>eartment and its constituent units" and
6=7 1erform such other aroriate functions as may !e
assigned !y the Secretary or his 0ndersecretaries.
Secti! 18. The +ureau of /nternal #evenue.9 # *he ?ureau of
,nternal Revenue, which shall !e headed !y and su!'ect to the
suervision and control of the Commissioner of ,nternal Revenue who
shall !e aointed !y the 1resident uon the recommendation of the
Secretary shall have the following functions2
617 Assess and collect all ta%es, fees and charges and account
for all revenues collected"
687 E%ercise duly delegated olice owers for the roer
erformance of its functions and duties"
697 1revent and rosecute ta% evasions and all other illegal
economic activities"
6;7 E%ercise suervision and control over its constituent and
su!ordinate units" and
6<7 1erform such other functions as may !e rovided !y law.
*he Commissioner of ,nternal Revenue, with the aroval of the
Secretary of +inance, shall draft and reare the necessary rules and
regulation as may !e needed to delineate the authority and
resonsi!ility of the various grous and services of the ?ureau.
Secti! 19. Deputy Commissioners. # *he Commissioner shall !e
assisted !y two 687 >euty Commissioners. Each >euty
Commissioner shall suervise one 617 of the grous defined in Sec.
8B !elow, to !e assigned !y the Commissioner.
Secti! 2). Composition of the +ureau of /nternal #evenue. # *he
?ureau of ,nternal Revenue shall !e comosed of the following2
617 Assessment and Collection &rou, headed and suervised
!y a >euty Commissioner and comosed of the following
services, each of which shall !e headed !y a Revenue Chief"
687 :egal and ,nternal Administration &rou, headed and
suervised !y a >euty Commissioner and comosed of the
following services, each of which shall !e headed !y a Service
Chief.
Secti! 21. %ppointment by the President. # *he aforementioned
0ndersecretaries shall !e aointed !y the 1resident uon
recommendation of the Secretary.
Secti! 22. ana!ement and Technical Staff . # *he Commissioner
and the two 687 >euty Commissioners shall each have a
Fanagement and *echnical Staff to render technical and secretarial
suort services.
Secti! 2%. +ureau of Customs. # *he ?ureau of Customs which
shall !e headed and su!'ect to the management and control of the
Commissioner of Customs, who shall !e aointed !y the 1resident
uon the recommendation of the Secretary and hereinafter referred
to as Commissioner, shall have the following functions2
617 Collect customs duties, ta%es and the corresonding fees,
charges and enalties"
687 Account for all customs revenues collected"
697 E%ercise olice authority for the enforcement of tariff and
customs laws"
6;7 1revent and suress smuggling, ilferage and all other
economic frauds within all orts of entry"
6<7 Suervise and control e%orts, imorts, foreign mails, and
the clearance of vessels and aircrafts in all orts of entry"
6=7 Administer all legal re5uirements that are aroriate "
677 1revent and rosecute smuggling and other illegal activities
in all orts under its 'urisdiction"
6$7 E%ercise suervision and control over its constituent units"
697 1erform such other functions as may !e rovided !y law.
Secti! 2&. Composition. # *he ?ureau of Customs shall !e
comosed of the following2
617 Customs Revenue Collection Fonitoring &rou, headed and
suervised !y a >euty Commissioner and comosed of :egal,
+inancial and Collection Services, each of which shall !e
headed !y a service chief"
687 Customs Assessment and )erations Coordinating &rou,
headed and suervised !y a >euty Commissioner and
comosed of the ,morts and Assessment and 1orts
)erations Services, each of which shall !e headed !y a
Service Chief" and
697 ,ntelligence and Enforcement &rou, headed and
suervised !y a >euty Commissioner and comosed of the
,ntelligence and ,nvestigation Service and the Enforcement and
Security Service.
Secti! 2'. %ppointment by President. # *he aforementioned >euty
and Assistant Commissioners shall !e aointed !y the 1resident
uon the recommendation of the Commissioner of Customs in
3eeing with the intent of E%ecutive )rder (o. 9.
Secti! 2(. Definition of (unctions. #
617 Customs Revenue Collection Fonitoring &rou. *he
Customs Revenue Collection Fonitoring &rou shall have the
following functions2
6a7 Faintain an udated accounting for all Customs
revenues collected"
6!7 Administer legal re5uirements of the ?ureau of
Customs to include litigation and rosecution of cases"
6c7 1rovide the Commissioner of Customs with accurate
and timely information and analysis of collection
statistics"
6d7 Conduct continuing audit of li5uidated entries and
outstanding !onds" and
6e7 1erform such other aroriate functions consistent
with the assigned tas3s of the grou and others which
may !e given !y the Commissioner"
687 Customs Assessment and )erations Coordinating &rou.
*he Customs Assessment and )erations Coordinating &rou
shall have the following functions2
6a7 Regularly gather and uon aroval of the
Commissioner, u!lish values of commodities imorted
into the 1hiliines, such values !eing the !ases for the
comutation of customs duties and other revenues"
6!7 Fonitor for decision#ma3ing uroses the
imlementation of rules and regulations governing
assessment, warehousing and suort oerations"
6c7 Fonitor auction and disosal activities together with
ortHairort oerations related activities for decision#
ma3ing uroses" and
6d7 1erform other aroriate functions consistent with
the assigned tas3s of the &rou which may !e given !y
the Commissioner.
697 ,ntelligence and Enforcement &rou. *he ,ntelligence and
Enforcement &rou shall have the following functions2
6a7 Regularly and consistently gather intelligence
information related to customs and economic activities
for roer dissemination to the Customs offices
concerned"
6!7 Conduct internal in5uiry and investigation which may
serve as the !asis for rosecution"
6c7 E%ercise olice authority conferred !y the *ariff and
Customs Code or other laws which include the
enforcement of seiAures and forfeitures and the
imosition of enalties and fines" and
6d7 1erform such other aroriate functions consistent
with the assigned tas3s of the &rou and others which
may !e given !y the Commissioner.
Secti! 27. The Collection Districts. #
617 *he ?ureau shall have thirteen 6197 Collection >istricts
under the direct control and suervision of the Commissioner.
Each Collection >istrict shall have as many su!orts as
necessary to ma%imiAe revenue collection and the revention
of smuggling and fraud against customs. Each Collection
>istrict shall !e headed and suervised !y a >istrict Collector
while each su!ort will !e headed !y a 1ort Collector. *he
Collectors shall have the following functions2
6a7 Collect duties, ta%es, fees, charges, enalties and
fines accruing to the &overnment under the *ariff and
Customs Code and related laws"
6!7 E%ercise olice owers conferred to himHher !y the
*ariff and Customs Code or other laws which include the
enforcement of enalties and fines"
6c7 E%amine goods, assess duties, fees, charges,
enalties and fines accruing to the &overnment under
the *ariff and Customs Code and other related laws"
6d7 Suervise the entrance and clearance of vessels and
aircrafts engaged in foreign commerce"
6e7 Suervise and control handling of foreign mails
arriving in the 1hiliines" and
6f7 Suervise all imort and e%ort cargoes landed
andHor stored in iers, airorts, terminal facilities, yards
and freight stations"
687 1erform such other aroriate functions consistent with
the assigned tas3 of the >istrictH1ort Collectors and those
which may !e given !y the Commissioner.
Secti! 28. ana!ement and Technical Staff . # *he Commissioner
and three 697 >euty Commissioners, and the Assistant
Commissioner shall each have a Fanagement and *echnical Staff,
which shall !e limited to a secific num!er of ersonnel as
determined !y the Secretary, to render technical and secretarial
suort services.
Secti! 29. +ureau of Treasury. # *he ?ureau of *reasury, which
shall !e headed !y and su!'ect to the suervision and control of the
(ational *reasurer who shall !e aointed !y the 1resident uon the
recommendation of the Secretary, shall have the following functions2
617 Act as the rincial custodian of all national government
funds"
687 Assist in the formulation of, and e%ecute, olicies on
financial management, u!lic !orrowings and caital mar3et
develoment"
697 +ormulate, in coordination with government agencies
concerned, annual ro'ections of revenue needs, cash osition
and !orrowing caacity of the government"
6;7 Faintain accounts of the financial transactions of all
national secretaries, !ureaus, agencies and instrumentalities"
6<7 Fanage the cash resources of the &overnment and erform
!an3ing functions in relation to receits and dis!ursements of
national funds"
6=7 Fanage, control and service u!lic de!ts from domestic or
foreign sources"
677 E%ercise line suervision over its Regional )fficesHfield
units within >eartment Regional Administrative Coordination
)ffices" and
6$7 1erform such other aroriate functions as may !e
assigned !y the Secretary or 0ndersecretary for >omestic
)erations.
Secti! %). Composition. # *he ?ureau of *reasury shall !e
comosed of the following2
617 ,nternal Affairs Su!#Sector under the direct suervision and
control of an Assistant (ational *reasurer and comosed of the
following2
6a7 Administrative Service"
6!7 +inancial and Fanagement Service"
6c7 Fanagement ,nformation and >ata Systems Service"
6d7 1lanning and 1olicy Research >ivision"
6e7 1u!lic ,nformation and Assistance >ivision" and
6f7 :egal >ivision.
687 (ational &overnment Affairs Su!#Sector under the direct
suervision and control of an Assistant (ational *reasurer and
comosed of the following2
6a7 1u!lic >e!t Fanagement Service"
6!7 >e!t Clearing Service"
6c7 (ational Cash Accounts Service"
6d7 *reasury ?an3ing Service"
6e7 )erations 1lanning Service"
6f7 Regional )ffices which shall have under their
suervision all rovincial offices and shall !e under the
direct control and suervision of the (ational *reasurer.
Secti! %1. %ssistance to National Treasurer. # *he (ational
*reasurer shall !e directly assisted !y the2
617 Fanagement and *echnical Staff, which shall erform the
functions of rendering technical and secretarial suort
services"
687 ,ntelligence and ,nvestigation )ffice, which shall erform
the following functions2
6a7 Fonitor, gather and evaluate reorts on financial and
economic activities of ersons or entities, foreign and
domestic, which may adversely affect national financial
interests"
6!7 1erform such other aroriate functions as may !e
assigned !y the (ational *reasurer.
Secti! %2. %ppointment by the President. # *he aforementioned
two 687 Assistant (ational *reasurers shall !e aointed !y the
1resident uon the recommendation of the Secretary. la-phi0.net
Secti! %%. +ureau of "ocal Government (inance. # *he ?ureau of
:ocal &overnment +inance, which shall !e headed !y and su!'ect to
the suervision and control of an E%ecutive >irector who shall !e
aointed !y the 1resident and uon the recommendation of the
Secretary, shall have the following functions2
617 Assist in the formulation and imlementation of olicies on
local government revenue administration and fund
management"
687 E%ercise administrative and technical suervision and
coordination over the treasury and assessment oerations of
local governments"
697 >evelo and romote lans and rograms for the
imrovement of resource management systems, collection
enforcement mechanisms, and credit utiliAation schemes at the
local levels"
6;7 1rovide consultative services and technical assistance to
the local governments and the general u!lic on local ta%ation,
real roerty assessment and other related matters"
6<7 E%ercise line suervision over its Regional )fficesHfield
units within the >eartment Regional Administrative
Coordination )ffice and the :ocal *reasury and Assessment
Services" and
6=7 1erform such other aroriate functions as may !e
assigned !y the Secretary or 0ndersecretary for >omestic
)erations.
Secti! %&. Composition. # *he ?ureau of :ocal &overnment +inance
shall !e comosed of the following2
617 ,nternal Administration )ffice"
687 1olicy Enforcement and Secial 1ro'ects &rou"
697 +ield )erations E%amination &rou
Secti! %'. %ssistance to the E2ecutive Director. # *he E%ecutive
>irector shall !e directly assisted !y the2
617 Fanagement and *echnical Staff, which shall erform the
functions of rendering technical and secretarial suort
services"
687 ,ntelligence and ,nvestigation )ffice, which shall erform
the following functions2
6a7 Fonitor, gather and evaluate reorts on financial and
economic activities of ersons or entities, foreign and
domestic, which may adversely affect national financial
interests"
6!7 1erform such other aroriate functions as may !e
assigned !y the >irector.
Secti! %(. (inancial and (iscal Policy Plannin!. # *he +inancial and
+iscal 1olicy and 1lanning )ffice, which shall !e headed !y a >irector
who shall !e aointed !y the 1resident uon the recommendation of
the Secretary, shall have the following functions2
617 Coordinate, in consultation with the aroriate
government agencies, the formulation of integrated financial
and fiscal lans of the national &overnment and the local
government, consistent with the national develoment lan"
687 Fonitor and review the imlementation of such financial
and fiscal lans in relation to recent develoments in the
economy"
697 Coordinate with other government agencies involved in
financial, fiscal and economic lanning and olicy formulation"
6;7 0nderta3e secial studies and research ro'ects on
financial and fiscal olicies"
6<7 Coordinate the formulation and assessment of >eartment
olicies affecting domestic finance oerations with the different
!ureaus and offices of the >eartment" and
6=7 1erform such other aroriate functions as may !e
assigned !y the Secretary, the 0ndersecretary for >omestic
)erations or the Assistant Secretary directly assisting the
0ndersecretary for >omestic )erations.
Secti! %7. ,nternational +inance 1olicy )ffice. # *he ,nternational
+inance 1olicy )ffice, headed !y a >irector who shall !e aointed !y
the 1resident uon recommendation of the Secretary, shall have the
following functions2
617 Fonitor and analyAe international monetary, financial and
trade develoments and their imlications for the 1hiliine
economy and evolve roosals for aroriate resonse to said
events"
687 1rovide inuts into the formulation of fiscal, monetary,
financial, foreign trade and e%change rate olicies as well as
!udgetary and !alance of ayments rogramming in line with
domestic economic goals and the e%ternal financial and trade
environment"
697 +ormulate and monitor a foreign financing rogram on the
!asis of domestic re5uirements and trends in develoment
assistance and other caital flows"
6;7 ,nteract with multilateral, regional and other international
organiAations and formulate in coordination with aroriate
agencies 1hiliine ositions on institutional and olicy issues
ta3en u in these !odies"
6<7 Coordinate with other aroriate secretaries and
government agencies in areas concerning international finance
and foreign trade" and
6=7 1erform such other aroriate functions as may !e
assigned !y the Secretary or 0ndersecretary for ,nternational
+inance.
Secti! %8. /nternational (inance ,perations ,ffice. # *he
,nternational +inance )erations )ffice, headed !y a >irector, shall
have the following functions2
617 Assist in the formulation of olicies and guidelines for
foreign !orrowings including rovision of government
guarantees, and monitor comliance with these olicies"
687 1rovide suort wor3 for international financial negotiations
and articiate in such negotiations with multilateral financial
institutions, !ilateral creditors and donors and commercial
creditors. *his includes negotiations for new assistance 6grants
and loans7 as well as for de!t rescheduling"
697 Fonitor imlementation of ro'ects funded !y foreign
assistance and credits, utiliAation of such e%ternal resources
and comliance with commitments as well as de!t reayment
o!ligations"
6;7 Assist in the structuring and conduct of international
conferences and meetings of the >eartmentEs officers 6the
term 4officer4 as used in this E%ecutive )rder is intended to !e
within the meaning of the term 4official4 as used in the
+reedom Constitution7 with foreign dignitaries or organiAations"
and
6<7 1erform such other aroriate functions as may !e
assigned !y the Secretary or 0ndersecretary for ,nternational
+inance.
Secti! %9. %dministrative Staff . # *he 0ndersecretary for
,nternational +inance shall !e directly assisted !y a +inance Attache
>ivision and Administrative Staff.
CHAPTER '
REGIONA$ OFFICES
Secti! &). #e!ional ,ffices. # *here shall !e a Regional )ffice in
each region. Each Regional )ffice shall !e headed !y a Regional
>irector.
A Regional )ffice shall have, within its administrative region, the
following functions2
617 ,mlement laws, rules and regulations, olicies, lans,
rograms and ro'ects of the >eartment"
687 1rovide efficient and effective services to the eole"
697 Coordinate with regional offices of other deartments,
offices and agencies in the region"
6;7 Coordinate with local government units" and
6<7 1erform such other functions as may !e rovided !y law.
Secti! &1. D,(&#%C,. # +or uroses of achieving ma%imum
utiliAation of resources, management coordination and administrative
integration at the regional levels, there is here!y created a
>eartment of +inance Regional Administrative Coordination )ffice
6>)+#RAC)7 in each of the administrative regions of the country, to
!e headed !y a Regional E%ecutive >irector who shall reort directly
to the 0ndersecretary for ,nternal Administration. *he Secretary shall
define the aroriate functions to !e delegated to the >)+#RAC).
*he Regional )ffices of each oerating ?ureau under the >eartment,
however, shall remain under the technical suervision and control of
the head of the ?ureau to which they !elong. +or monitoring
uroses, however, each Regional )ffice shall su!mit oerational
reorts to the >)+#RAC) as re5uired.
CHAPTER (
ATTACHED AGENCIES
Secti! &2. %ttached %!encies. # *he following agencies are here!y
attached to the >eartment2
617 1hiliine Cro ,nsurance Cororation"
687 1hiliine E%ort and +oreign :oan &uarantee Cororation"
697 ,nsurance Commission"
6;7 (ational *a% Research Center"
6<7 Central ?oard of Assessment Aeals" and
6=7 +iscal ,ncentives Review ?oard.
Secti! &%. (unctions of the %ttached %!encies. # *he agencies
attached to the >eartment shall continue to oerate and function in
accordance with the resective charters, laws, or orders creating
them, e%cet as otherwise rovided in this Code.
Tit-e III
,USTICE
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # ,t is the declared olicy of the
State to rovide the government with a rincial law agency which
shall !e !oth its legal counsel and rosecution arm" administer the
criminal 'ustice system in accordance with the acceted rocesses
thereof consisting in the investigation of the crimes, rosecution of
offenders and administration of the correctional system" imlement
the laws on the admission and stay of aliens, citiAenshi, land titling
system, and settlement of land ro!lems involving small landowners
and mem!ers of indigenous cultural minorities" and rovide free legal
services to indigent mem!ers of the society.
Secti! 2. andate. # *he >eartment shall carry out the olicy
declared in the receding section.
Secti! %. Po-ers and (unctions. # *o accomlish its mandate, the
>eartment shall have the following owers and functions2
617 Act as rincial law agency of the government and as legal
counsel and reresentative thereof, whenever so re5uired"
687 ,nvestigate the commission of crimes, rosecute offenders
and administer the ro!ation and correction system"
697 E%tend free legal assistanceHreresentation to indigents
and oor litigants in criminal cases and non#commercial civil
disutes"
6;7 1reserve the integrity of land titles through roer
registration"
6<7 ,nvestigate and ar!itrate untitled land disutes involving
small landowners and mem!ers of indigenous cultural
communities"
6=7 1rovide immigration and naturaliAation regulatory services
and imlement the laws governing citiAenshi and the
admission and stay of aliens"
677 1rovide legal services to the national government and its
functionaries, including government#owned or controlled
cororations and their su!sidiaries" and
6$7 1erform such other functions as may !e rovided !y law.
Secti! &. ,r!anizational Structure. # *he >eartment shall consist
of the following constituent units2
617 >eartment roer"
687 )ffice of the &overnment Cororate Counsel"
697 (ational ?ureau of ,nvestigation"
6;7 1u!lic AttorneyEs )ffice"
6<7 ?oard of 1ardons and 1arole"
6=7 1arole and 1ro!ation Administration"
677 ?ureau of Corrections"
6$7 :and Registration Authority"
697 Commission on the Settlement of :and 1ro!lems.
CHAPTER 2
DEPARTMENT PROPER
Secti! '. The Department Proper. # *he >eartment 1roer shall !e
comosed of the )ffice of the Secretary and the 0ndersecretaries,
*echnical and Administrative Service, +inancial Fanagement Service,
:egal Staff and the )ffice of the Chief State 1rosecutor.
Secti! (. )ndersecretaries. # *he Secretary shall !e assisted !y
three 697 0ndersecretaries. *he Secretary is here!y authoriAed to
delineate and assign the resective functional areas of resonsi!ility
of the 0ndersecretaries, rovided, that such resonsi!ility shall !e
with resect to the mandate and o!'ectives of the >eartment" and
rovided, further, that no 0ndersecretary shall !e assigned rimarily
administrative resonsi!ilities. Within his functional area of
resonsi!ility, an 0ndersecretary shall have the following functions2
617 Advise and assist the Secretary in the formulation and
imlementation of the >eartmentEs olicies, lans, rograms
and ro'ects"
687 )versee the oerational activities of the >eartment"
697 Coordinate the rograms and ro'ects of the >eartment
for efficient and effective administration"
6;7 Serve as deuty for the Secretary"
6<7 1erform, when so designated, the owers and functions of
the Secretary, during the latterEs a!sence or incaacity" and
6=7 1erform such other functions as may !e rovided !y law or
assigned !y the Secretary to romote efficiency and
effectiveness in the delivery of frontline services.
Secti! 7. "e!al Staff . # *he :egal Staff shall have the following
functions2
617 Assist the Secretary in the erformance of his duties as
Attorney &eneral of the 1hiliines and as e%#officio legal
adviser of government#owned or controlled cororations or
enterrises and their su!sidiaries"
687 1reare and finally act for and in !ehalf of the Secretary on
all 5ueries andHor re5uests for legal advice or guidance coming
from rivate arties and minor officials and emloyees of the
government"
697 Faintain and suervise the oeration of the >eartment
:aw :i!rary as well as its ersonnel" and
6;7 1erform such other functions as are now or may hereafter
!e rovided !y law or assigned !y the Secretary.
Secti! 8. ,ffice of the Chief State Prosecutor. # *he )ffice of the
Chief State 1rosecutor shall have the following functions2
617 Assist the Secretary in the erformance of owers and
functions of the >eartment relative to its role as the
rosecution arm of the government"
687 ,mlement the rovisions of laws, e%ecutive orders and
rules, and carry out the olicies, lans, rograms and ro'ects
of the >eartment relative to the investigation and rosecution
of criminal cases"
697 Assist the Secretary in e%ercising suervision and control
over the (ational 1rosecution Service as constituted under 1.
>. (o. 187< andHor otherwise hereinafter rovided" and
6;7 1erform such other functions as may !e rovided !y law or
assigned !y the Secretary.
Secti! 9. Provincial6City Prosecution ,ffices. # *he 1rovincial and
City +iscalEs )ffice esta!lished in each of the rovinces and cities
ursuant to law, is retained and renamed 1rovincialHCity 1rosecution
)ffice. ,t shall !e headed !y a 1rovincial 1rosecutor or City
1rosecutor, as the case may !e, assisted !y such num!er of Assistant
1rovincialHCity 1rosecutors as fi%ed andHor authoriAed !y law. *he
osition titles of 1rovincial and City +iscal and of Assistant 1rovincial
and City +iscal are here!y a!olished.
All rovincialHcity rosecution offices shall continue to discharge their
functions under e%isting law.
All rovincial and city rosecutors and their assistants shall !e
aointed !y the 1resident uon the recommendation of the
Secretary. la-phi0.net
CHAPTER %
OFFICE OF THE GOVERNMENT CORPORATE COUNSE$
Secti! 1). ,ffice of the Government Corporate Counsel. # *he
)ffice of the &overnment Cororate Counsel 6)&CC7 shall act as the
rincial law office of all government#owned or controlled
cororations, their su!sidiaries, other cororate off#srings and
government ac5uired asset cororations and shall e%ercise control
and suervision over all legal deartments or divisions maintained
searately and such owers and functions as are now or may
hereafter !e rovided !y law. ,n the e%ercise of such control and
suervision, the &overnment Cororate Counsel shall romulgate
rules and regulations to effectively imlement the o!'ectives of the
)ffice.
*he )&CC is authoriAed to receive the attorneyEs fees ad'udged in
favor of their client government#owned or controlled cororations,
their su!sidiariesHother cororate offsrings and government
ac5uired asset cororations. *hese attorneyEs fees shall accrue to a
secial fund of the )&CC, and shall !e deosited in an authoriAed
government deository as a trust lia!ility and shall !e made availa!le
for e%enditure without the need for a Cash >is!ursement Ceiling, for
uroses of ugrading facilities and e5uiment, granting of
emloyeesE incentive ay and other !enefits, and defraying such
other incentive e%enses not rovided for in the &eneral
Aroriations Act as may !e determined !y the &overnment
Cororate Counsel.
CHAPTER &
NATIONA$ "UREAU OF INVESTIGATION
Secti! 11. National +ureau of /nvesti!ation. # *he (ational ?ureau
of ,nvestigation 6(?,7 with all its duly authoriAed constituent units
including its regional and district offices and reha!ilitation center,
shall continue to erform the owers and functions as are now vested
in it under the e%isting law and such additional functions as may
hereafter !e rovided !y law.
Secti! 12. The N+/ Director and ,ther ,fficials. # *he (?, shall !e
headed !y a >irector assisted !y an Assistant >irector and five 6<7
>euty >irectors, for ,ntelligence, ,nvestigation, *echnical,
Administrative and Comtroller Services, resectively.
*he (?, is also authoriAed to continue the oeration and maintenance
of a Regional )ffice in each of the twelve 6187 administrative regions
of the country, to !e headed !y a Regional >irector and assisted !y
an Assistant Regional >irector.
Secti! 1%. /nternal ,r!anization and %ssi!nment of Personnel. #
Su!'ect to rior aroval of the Secretary and to the limitations
rescri!ed in the &eneral Aroriations Act for ersonnel services
e%enditures in the (?,, the (?, director may !e authoriAed to
determine the internal organiAation of the constituent units of the
?ureau including the comosition and siAe thereof and the num!er,
classes and level of ositions 6!elow the ran3 of residential
aointees7 to !e assigned or allocated thereto.
CHAPTER '
PU"$IC ATTORNEY2S OFFICE
Secti! 1&. Public %ttorney's ,ffice :P%,;. # *he CitiAenEs :egal
Assistance )ffice 6C:A)7 is renamed 1u!lic AttorneyEs )ffice 61A)7. ,t
shall e%ercise the owers and functions as are now rovided !y law
for the CitiAenEs :egal Assistance )ffice or may hereafter !e rovided
!y law.
Secti! 1'. ,r!anizational Structure. # *he 1A) shall consist of the
following constituent units2
617 )ffice of the Chief 1u!lic Attorney and two 687 >euty Chief
1u!lic Attorneys"
687 +ive 6<7 line divisions in the Central )ffice, namely2
Administrative, +inancial and Fanagement, Secial and
Aealed Cases, :egal Research and Statistics, and +ield
Services >ivisions" and
697 Regional and 1rovincialH>istrict )ffices.
Secti! 1(. The Chief Public %ttorney and ,ther P%, ,fficials. # *he
1A) shall !e headed !y a Chief 1u!lic Attorney and shall !e assisted
!y two 687 >euty Chief 1u!lic Attorneys. Each 1A) Regional )ffice
esta!lished in each of the administrative regions of the country shall
!e headed !y a Regional 1u!lic Attorney who shall !e assisted !y an
Assistant Regional 1u!lic Attorney.
*he Chief 1u!lic Attorney, >euty Chief 1u!lic Attorneys, Regional
1u!lic Attorneys and Assistant Regional 1u!lic Attorneys shall !e
aointed !y the 1resident uon the recommendation of the
Secretary.
CHAPTER (
"OARD OF PARDONS AND PARO$E
Secti! 17. +oard of Pardons and Parole. # *he ?oard of 1ardons
and 1arole shall continue to discharge the owers and functions as
rovided in e%isting law and such additional functions as may !e
rovided !y law.
Secti! 18. +oard Composition. # *he ?oard shall !e comosed of
the Secretary as Chairman and si% 6=7 mem!ers consisting of2 *he
Administrator of the 1arole and 1ro!ation Administration as e%#officio
mem!er, a sociologist, a clergyman, an educator, a erson with
training and e%erience in correction wor3, and a mem!er of the
1hiliine ?ar" 1rovided, that one of them is a woman. *he mem!ers
of the ?oard shall !e aointed !y the 1resident uon the
recommendation of the Secretary and shall hold office for a term of
si% 6=7 years, without re'udice to reaointment.
,n case of vacancy !y reason of death, incaacity, resignation or
removal of any of the ?oard mem!ers, the Secretary shall have the
authority to designate a temorary mem!er ossessing the
5ualifications of his redecessor and to serve out his une%ired term
or until the 1resident shall have aointed a regular mem!er to fill
the vacancy.
Secti! 19. E2ecutive Director and +oard Secretary7 Support Staff .
# ,n the erformance of his duties as Chairman of the ?oard of
1ardons and 1arole, the Secretary shall !e assisted !y a staff headed
!y the E%ecutive >irector who is at the same time the Secretary of
the ?oard. *he E%ecutive >irector shall !e aointed !y the 1resident
uon the recommendation of the Secretary. *he E%ecutive >irector
shall receive a monthly salary of thirteen thousand five hundred
esos.
*he ?oard Secretary shall reare and 3ee the minutes of all the
!oard sessions in a !oo3 of records 3et for the urose, as well as
all the resolutions and recommendations of the ?oard on all actions
involving arole, ardons and e%ecutive clemency to the 1resident"
authenticate andHor attest all minutes, resolutions and
recommendations of the ?oard" reare and serve all notices of
!oard meetings or sessions to the mem!ers of the ?oard" reare an
annual reort of all resolutions and recommendations for arole or
e%ecutive clemency and other reorts that the >eartment may
re5uire. He shall also erform such other functions as the ?oard may
from time to time assign to him.
Secti! 2). +oard eetin!s. # *he ?oard shall meet regularly every
wee3, or as the ?oard may direct, or uon call !y the
ChairmanHSecretary. *he mem!ers shall act only as a ?oard, and
every decision of the ma'ority shall !e valid as an act of the ?oard,
rovided, that the ?oard may direct a ?oard mem!er to reare and
su!mit a reort involving any alication for arole, ardon or any
re5uest for e%ecutive clemency for aroriate action !y the ?oard.
Secti! 21. +oard #ules and #e!ulations. # *he ?oard is here!y
authoriAed to esta!lish and rescri!e, su!'ect to the aroval of the
Secretary, rules and regulations to govern the roceedings of the
?oard.
Secti! 22. /ndeterminate Sentence "a-. # *he rovisions of Act (o.
;1B9, otherwise 3nown as the ,ndeterminate Sentence :aw, as
amended, shall continue to aly e%cet as otherwise amended,
modified or reealed !y this Code.
CHAPTER 7
PARO$E AND PRO"ATION ADMINISTRATION
Secti! 2%. Parole and Probation %dministration. # *he 1arole and
1ro!ation Administration hereinafter referred to as the Administration
shall have the following functions2
617 Administer the arole and ro!ation system"
687 E%ercise general suervision over all arolees and
ro!ationers"
697 1romote the correction and reha!ilitation of offenders" and
6;7 Such other functions as may hereafter !e rovided !y law.
Secti! 2&. Structural and Personnel ,r!anization. #
617 *he Administration shall !e headed !y an Administrator
who shall !e immediately assisted !y a >euty Administrator.
*he Administrator and >euty Administrator shall !e aointed
!y the 1resident uon the recommendation of the Secretary.
*he aointees to the ositions of Administrator and >euty
Administrator must !e holders of a doctoralHmasteral degree in
u!lic administration andHor lawyers with at least one year of
suervisory e%erience in ro!ation wor3.
687 *he Administration shall have a *echnical Service under the
)ffice of the Administrator which shall serve as the service arm
of the ?oard of 1ardons and 1arole in the suervision of
arolees and ardonees.
*he ?oard and the Administration shall 'ointly determine the
staff comlement of the *echnical Service.
697 *he Administration shall li3ewise continue to oerate and
maintain a Regional )ffice in each of the administrative regions
including the (ational Caital Region and also a ro!ation and
arole office in every rovince and city of the country.
*he Regional, 1rovincial and City )ffices of the Administration shall
each !e headed !y a Regional 1ro!ation and 1arole )fficer,
1rovincialHCity 1ro!ation and 1arole )fficer, resectively, all of whom
shall !e aointed !y the Secretary uon the recommendation of the
Administrator.
*he 1rovincial or City 1ro!ation and 1arole )fficer shall !e assisted !y
such field assistants and su!ordinate ersonnel as may !e necessary
to ena!le them to carry out their duties and functions. +or this
urose, the Administrator may aoint citiAens of good reute and
ro!ity to act as 1ro!ation and 1arole Aides who shall not receive any
regular comensation for their services e%cet reasona!le travel
allowance.
Secti! 2'. %pplicability of P.D. No. <=>* as amended. # *he
1rovisions of 1.>. 9=$ otherwise 3nown as the 1ro!ation :aw of 197=
shall continue to govern the oeration and management of the
Administration including the enumeration of functions and
5ualifications for aointment of the Administrator, >euty
Administrators, Regional, 1rovincial and City 1ro!ation )fficers and
their assistants and other su!ordinate ersonnel not inconsistent with
this title.
CHAPTER 8
"UREAU OF CORRECTIONS
Secti! 2(. +ureau of Corrections. # *he ?ureau of Corrections shall
have its rincial tas3 the reha!ilitation of risoners. *he ?ureau of
Corrections shall e%ercise such owers and functions as are now
rovided for the ?ureau of 1risons or may hereafter !e rovided !y
law.
Secti! 27. Structural and Personnel ,r!anization. # *he ?ureau of
Corrections shall !e headed !y a >irector who shall !e assisted !y
two 687 Assistant >irectors, one for Administration and Reha!ilitation
and one for 1risons and Security. *he >irector and Assistant >irectors
of the ?ureau shall !e aointed !y the 1resident uon
recommendation of the Secretary.
*he ?ureau shall carry out its functions through its divisions and its
seven 677 1enal institutions namely # (ew ?ili!id 1risons, Correctional
,nstitution for Women, ,wahig, >avao, San Ramon and Sa!layan
1risons and 1enal +arms and the :eyte Regional 1risons.
CHAPTER 9
$AND REGISTRATION AUTHORITY
Secti! 28. The "and #e!istration %uthority. # *he :and Registration
Authority, hereinafter referred to as the Authority shall continue to
e%ercise its owers and functions under e%isting law on the :and
*itles and >eeds Registration Authority and those which may
hereafter !e rovided !y law.
Secti! 29. ,r!anizational Structure. # *he Authority shall !e
headed !y an Administrator who shall !e assisted !y two 687 >euty
Administrators, all of whom shall !e aointed !y the 1resident uon
the recommendation of the Secretary.
Secti! %). #eor!anization of #e!istry ,ffices in the National Capital
#e!ion. # *he Registries of >eeds in the (ational Caital Region is
here!y reorganiAed as follows2
617 *he Registries of >eeds in the cities of Fanila, /ueAon,
1asay and Caloocan shall !e maintained"
687 *here is here!y created Registries of >eeds in the
Funicialities of (avotas, Fala!on, @alenAuela, Fandaluyong,
San Cuan, Fari3ina, :as 1iJas and 1araJa5ue with 'urisdiction
over their resective municialities"
697 *he Registry of >eeds of 1asig shall !e maintained with
'urisdiction over the Funicialities of 1asig, *aguig and
1ateros" and
6;7 *he Registry of >eeds of Fa3ati shall have 'urisdiction over
the municialities of Fa3ati and Funtinlua.
CHAPTER 1)
"UREAU OF IMMIGRATION
Secti! %1. +ureau of /mmi!ration. # *he ?ureau of ,mmigration is
rincially resonsi!le for the administration and enforcement of
immigration, citiAenshi and alien admission and registration laws in
accordance with the rovisions of the 1hiliine ,mmigration Act of
19;B, as amended 6C.A. (o. =19, as amended7. *he following units
shall comrise the structural organiAation of the ?ureau2
617 )ffice of the Commissioner and Associate Commissioners"
687 ?oard of Commissioners # comosed of the Commissioner
as Chairman and two 687 Associate Commissioners as
mem!ers" and
697 ?oards of Secial ,n5uiry which are authoriAed to !e
organiAed in the Commission ursuant to the rovisions of the
,mmigration Act of 19;B, as amended.
Su!'ect to the rovisions of e%isting law, the Secretary is
here!y authoriAed to review, revise andHor romulgate new
rules and regulations to govern the conduct of roceedings in
the ?oard of Commissioners and the ?oards of Secial ,n5uiry,
including the determination of the siAe and num!er of the
suort staff to !e assigned thereat.
*he ?ureau shall !e headed !y a Commissioner assisted !y two
Associate Commissioners, all of whom shall !e aointed !y the
1resident uon the recommendation of the Secretary.
*he Commissioner and the two Associate Commissioners shall
comose the ?oard of Commissioners, a collegial !ody here!y
granted e%clusive 'urisdiction over all deortation cases. *he ?oard
shall also have aellate 'urisdiction over decisions of the ?oards of
Secial ,n5uiry and shall erform such other functions as may !e
rovided !y law.
Each ?oard of Secial ,n5uiry shall !e comosed of a Chairman and
two mem!ers who shall !e aointed !y the Secretary uon the
recommendation of the Commissioner.
:i3ewise, the aointment of all the other ersonnel of the ?ureau
including the designation of Acting ,mmigration )fficers shall !e
vested in the Secretary uon the recommendation of the
Commissioner.
CHAPTER 11
COMMISSION ON THE SETT$EMENT OF $AND PRO"$EMS
Secti! %2. Commission on the Settlement of "and Problems. # *he
Commission on the Settlement of :and 1ro!lems shall !e resonsi!le
for the settlement of land ro!lems involving small landowners and
mem!ers of cultural minorities. ,t shall also erform such other
functions, as are now or may hereafter !e rovided !y law.
Secti! %%. Structure and Personnel ,r!anization. # *he
Commission, as a collegial !ody, shall !e comosed of the
Commissioner and two Associate Commissioners. +or administrative
uroses, the Commissioner shall !e the head of the Commission and
the two Associate Commissioners shall !e his immediate assistants.
*he Commissioner and the two Associate Commissioners shall !e
aointed !y the 1resident uon the recommendation of the
Secretary. *hey shall have the same 5ualifications for aointment
and receive a salary, retirement !enefits, longevity ay and other
rivileges e5uivalent to that of an Associate Custice of the Court of
Aeals and a Cudge of the Regional *rial Court, resectively, as
rovided in E.). (o. <=1.
*he Commission shall have a technical staff which shall !e headed !y
an E%ecutive >irector and assisted !y a >euty E%ecutive >irector
who shall !oth !e aointed !y the 1resident uon the
recommendation of the Secretary. All the other mem!ers of the
technical staff shall !e aointed !y the Secretary uon the
recommendation of the Commissioner.
When conditions in any rovince so warrant, the Commission may,
su!'ect to the aroval of the Secretary, esta!lish regional and
rovincial offices thereat which shall e%ercise such owers and
erform such functions as may !e assigned to it !y the Commission.
CHAPTER 12
OFFICE OF THE SO$ICITOR GENERA$
Secti! %&. ,r!anizational Structure. # *he )ffice of the Solicitor
&eneral shall !e an indeendent and autonomous office attached to
the >eartment of Custice.
*he )ffice of the Solicitor &eneral shall !e headed !y the Solicitor
&eneral, who is the rincial law officer and legal defender of the
&overnment. He shall have the authority and resonsi!ility for the
e%ercise of the )fficeEs mandate and for the discharge of its duties
and functions, and shall have suervision and control over the )ffice
and its constituent units.
*he Solicitor &eneral shall !e assisted !y a :egal Staff comosed of
fifteen 61<7 Assistant Solicitors &eneral, and such num!er of
Solicitors and *rial Attorneys as may !e necessary to oerate the
)ffice, which shall !e divided into fifteen 61<7 divisions2 1rovided,
*hat the Solicitor &eneral may assign or transfer the Assistant
Solicitors &eneral, Solicitors or *rial Attorneys to any of the divisions.
Secti! %'. Po-ers and (unctions. # *he )ffice of the Solicitor
&eneral shall reresent the &overnment of the 1hiliines, its
agencies and instrumentalities and its officials and agents in any
litigation, roceeding, investigation or matter re5uiring the services
of lawyers. When authoriAed !y the 1resident or head of the office
concerned, it shall also reresent government#owned or controlled
cororations. *he )ffice of the Solicitor &eneral shall constitute the
law office of the &overnment and, as such, shall discharge duties
re5uiring the services of lawyers. ,t shall have the following secific
owers and functions2
617 Reresent the &overnment in the Sureme Court and the
Court of Aeals in all criminal roceedings" reresent the
&overnment and its officers in the Sureme Court, the Court of
Aeals, and all other courts or tri!unals in all civil actions and
secial roceedings in which the &overnment or any officer
thereof in his official caacity is a arty.
687 ,nvestigate, initiate court action, or in any manner roceed
against any erson, cororation or firm for the enforcement of
any contract, !ond, guarantee, mortgage, ledge or other
collateral e%ecuted in favor of the &overnment. Where
roceedings are to !e conducted outside of the 1hiliines the
Solicitor &eneral may emloy counsel to assist in the discharge
of the aforementioned resonsi!ilities.
697 Aear in any court in any action involving the validity of
any treaty, law, e%ecutive order or roclamation, rule or
regulation when in his 'udgment his intervention is necessary
or when re5uested !y the Court.
6;7 Aear in all roceedings involving the ac5uisition or loss
of 1hiliine citiAenshi.
6<7 Reresent the &overnment in all land registration and
related roceedings. ,nstitute actions for the reversion to the
&overnment of lands of the u!lic domain and imrovements
thereon as well as lands held in violation of the Constitution.
6=7 1reare, uon re5uest of the 1resident or other roer
officer of the (ational &overnment, rules and guidelines for
government entities governing the rearation of contracts,
ma3ing of investments, underta3ing of transactions, and
drafting of forms or other writings needed for official use, with
the end in view of facilitating their enforcement and insuring
that they are entered into or reared conforma!ly with law
and for the !est interests of the u!lic.
677 >eutiAe, whenever in the oinion of the Solicitor &eneral
the u!lic interest re5uires, any rovincial or city fiscal to
assist him in the erformance of any function or discharge of
any duty incum!ent uon him, within the 'urisdiction of the
aforesaid rovincial or city fiscal. When so deutiAed, the fiscal
shall !e under the control and suervision of the Solicitor
&eneral with regard to the conduct of the roceedings assigned
to the fiscal, and he may !e re5uired to render reorts or
furnish information regarding the assignment.
6$7 >eutiAe legal officers of government deartments,
!ureaus, agencies and offices to assist the Solicitor &eneral
and aear or reresent the &overnment in cases involving
their resective offices, !rought !efore the courts, and e%ercise
suervision and control over such legal officers with resect to
such cases.
697 Call on any deartment, !ureau, office, agency or
instrumentality of the &overnment for such service, assistance
and cooeration as may !e necessary in fulfilling its functions
and resonsi!ilities and for this urose enlist the services of
any government official or emloyee in the ursuit of his tas3s.
>eartments, !ureaus, agencies, offices, instrumentalities and
cororations to whom the )ffice of the Solicitor &eneral
renders legal services are authoriAed to dis!urse funds from
their sundry oerating and other funds for the latter )ffice. +or
this urose, the Solicitor &eneral and his staff are secifically
authoriAed to receive allowances as may !e rovided !y the
&overnment offices, instrumentalities and cororations
concerned, in addition to their regular comensation.
61B7 Reresent, uon the instructions of the 1resident, the
Reu!lic of the 1hiliines in international litigations,
negotiations or conferences where the legal osition of the
Reu!lic must !e defended or resented.
6117 Act and reresent the Reu!lic andHor the eole !efore
any court, tri!unal, !ody or commission in any matter, action
or roceeding which, in his oinion, affects the welfare of the
eole as the ends of 'ustice may re5uire" and
6187 1erform such other functions as may !e rovided !y law.
Secti! %(. %ppointments. # *he Solicitor &eneral shall !e aointed
!y the 1resident and shall have the same 5ualifications for
aointment, ran3, rerogatives, and rivileges as those of the
1residing Custice of the Court of Aeals.
*he Assistant Solicitors &eneral and the Solicitors shall !e aointed
!y the 1resident uon recommendation of the Solicitor &eneral. *he
*rial Attorneys and administrative ersonnel in the )ffice of the
Solicitor &eneral shall !e aointed !y the Solicitor &eneral.
Secti! %7. %ctin! Solicitor General. # ,n case of a!sence or
temorary incaacity of the Solicitor &eneral, the 1resident shall
designate an Acting Solicitor &eneral. ,n case of death, ermanent
incaacity, removal or resignation of the Solicitor &eneral, or vacancy
thereof, the 1resident shall designate an Acting Solicitor &eneral, who
shall act as such until a new Solicitor &eneral is aointed, or aoint
a new Solicitor &eneral.
Tit-e IV
AGRICU$TURE
CHAPTER 1
GENERA$ PR33OVISIONS
Secti! 1. Declaration of Policy. # *he State shall romote the well
!eing of farmers, including share tenants, leaseholders, settlers,
fishermen, and other rural wor3ers !y roviding an environment in
which they can increase their income, imrove their living conditions,
and ma%imiAe their contri!utions to the national economy. *oward
this end, the State shall accelerate agricultural develoment and
enhance the roduction of agricultural cros, fisheries, and livestoc3
!y otimiAing the use of resources and !y alying modern farming
systems and technology in order to attain food security for domestic
use and e%and and diversify agricultural roduction for e%ort. ,t
shall also encourage rivate initiative in agri#!usiness ventures !oth
in the roduction and in the e%ortation and imortation of food and
other allied commodities.
Secti! 2. andate. # *he >eartment is the government agency
resonsi!le for the romotion of agricultural develoment !y
roviding the olicy framewor3, u!lic investments, and suort
services needed for domestic and e%ort#oriented !usiness
enterrises.
,n the fulfillment of this mandate, it shall !e the rimary concern of
the >eartment to imrove farm income and generate wor3
oortunities for farmers, fishermen, and other rural wor3ers. ,t shall
encourage eoleEs articiation in agricultural develoment through
sectoral reresentation in agricultural olicy#ma3ing !odies so that
the olicies, lans, and rograms of the >eartment are formulated
and e%ecuted to satisfy their needs.
,t shall ensure social 'ustice, e5uity, roductivity and sustaina!ility in
the use of agricultural resources.
Secti! %. Po-ers and (unctions. # *he >eartment shall2
617 1rovide integrated services to farmers, fishermen, and
other food roducers on roduction, utiliAation, conservation,
and disosition of agricultural and fishery resources"
687 ?e resonsi!le for the lanning, formulation, e%ecution,
regulation, and monitoring of rograms and activities relating
to agriculture, food roduction and suly"
697 1romulgate and enforce all laws, rules and regulations
governing the conservation and roer utiliAation of
agricultural and fishery resources"
6;7 Esta!lish central and regional information systems to serve
the roduction, mar3eting, and financing date re5uirements of
the farmers as well as domestic and foreign investors in
agri!usiness ventures"
6<7 1rovide comrehensive and effective e%tension services
and training to farmers and other agricultural entrereneurs on
the roduction, mar3eting, and financing asects of agricultural
enterrises"
6=7 Conduct, coordinate, and disseminate research studies on
aroriate technologies for the imrovement and
develoment of agricultural cros, fisheries, and other allied
commodities"
677 1rovide the mechanism for the articiation of farmers,
fishermen, and entrereneurs at all levels of olicy#ma3ing,
lanning and rogram formulation"
6$7 Coordinate with and enlist other u!lic and rivate
agencies for cooeration and assistance on matters affecting
the olicies, lans and rograms of the >eartment"
697 1erform such other functions as may !e rovided !y law.
Secti! &. ,r!anizational Structure. # *he >eartment shall consist
of the >eartment 1roer, the ?ureaus, and the Regional, 1rovincial,
Funicial, and ?arangay )ffices.
*he >eartment 1roer shall consist of the )ffice of the Secretary,
the )ffices of the 0ndersecretaries and Assistant Secretaries and
their immediate staffs as determined !y them resectively, and the
>eartment Services.
*he >eartment Services and ?ureaus shall !e groued as follows2
617 1roduction &rou" 687 Research, *raining and E%tension &rou"
697 Agri#?usiness &rou" 6;7 1lanning and Fonitoring &rou" and 6<7
Suort &rou.
CHAPTER 2
DEPARTMENT PROPER
Secti! '. ,ffice of the Secretary. # *he )ffice of the Secretary shall
consist of the Secretary and his immediate staff as determined !y
him.
Secti! (. %ssistant to the Secretary. # *he Secretary shall !e
assisted !y five 6<7 0ndersecretaries, seven 677 Assistant Secretaries,
and the heads of the (ational +ood Authority and the 1hiliine
Coconut Authority who shall have the ran3 of 0ndersecretaries.
Secti! 7. )ndersecretaries. # *he 0ndersecretaries shall assist the
Secretary in the e%ercise of the mandate and in the discharge of the
owers and functions of the >eartment.
*he five 6<7 0ndersecretaries shall !e assigned the following
functions2
617 *he 0ndersecretary assigned to Regional )erations shall
oversee the imlementation of the agricultural lans, olicies,
rograms, and ro'ects of the regional and field offices of the
>eartment"
687 *he 0ndersecretary assigned to Staff )erations shall
rovide staff suort services, articularly in administration
and finance, roduction, research, training, and e%tension"
697 *he 0ndersecretary assigned to 1olicy and 1lanning shall
rovide olicy and lanning suort services, articularly in
olicy#formulation, lanning, and agri#!usiness"
6;7 *he 0ndersecretary assigned to Attached Agencies shall
e%ercise suervision over the attached agencies to ensure that
their oerations are in conformity with the aroved lans and
olicies of the >eartment"
6<7 *he 0ndersecretary assigned to Secial Concerns shall
develo and imlement agricultural olicies and riority
ro'ects aimed at imroving the 5uality of life of disadvantaged
and cultural community grous living in lowland and uland
areas. ,n addition, he shall handle other secial ro'ects as
may !e identified or directed !y the >eartment Secretary.
Secti! 8. (unctions of the )ndersecretaries. # With resect to his
area of resonsi!ility, an 0ndersecretary shall have the following
functions2
617 Advise the Secretary in the romulgation of orders and
other issuances, with resect to his area of resonsi!ility"
687 E%ercise suervision and control over the offices, services,
oerating units, and officers and emloyees under his
resonsi!ility"
697 1romulgate rules and regulations, consistent with the
olicies of the >eartment that will efficiently and effectively
govern the activities of the units under his resonsi!ility"
6;7 Coordinate the functions and activities of the units under
his resonsi!ility with those of other units under the
resonsi!ility of the other 0ndersecretaries"
6<7 E%ercise delegated authority on matters related to the
functions and activities of the units under his resonsi!ility to
the e%tent granted !y the Secretary" and
6=7 1erform such other functions as may !e rovided !y law or
assigned !y the Secretary.
Secti! 9. (unctions of the %ssistant Secretaries. # Each of the seven
677 Assistant Secretaries shall head any of the following2 1roduction
&rou, Agri#?usiness &rou, Research, *raining and E%tension &rou,
1lanning and Fonitoring &rou, Suort &rou, +oreign Assisted
1ro'ects and the Regional )erations. ,n connection therewith, the
Assistant Secretaries shall have the following functions2
617 *he Assistant Secretary assigned to the 1roduction &rou
shall !e resonsi!le for roviding services relating to lanning,
rogramming, and ro'ect develoment of agricultural
roduction. *his grou shall consist of the ?ureau of Animal
,ndustry, ?ureau of 1lant ,ndustry, ?ureau of +isheries and
A5uatic Resources, and ?ureau of Soils and Water
Fanagement"
687 *he Assistant Secretary assigned to the Agri#?usiness
&rou shall !e resonsi!le for assisting farmers and other agri#
!usiness ventures !y roviding mar3eting assistance and
investment information. *his grou shall consist of the
Far3eting Assistance Services and the Agri#?usiness
,nvestment ,nformation Services"
697 *he Assistant Secretary assigned to the Research, *raining
and E%tension &rou shall !e resonsi!le for conducting
research and training as well as roviding assistance in the
esta!lishment of agricultural cooeratives. *his grou shall !e
comosed of the ?ureau of Agricultural Research 6?AR7,
Agricultural *raining ,nstitute 6A*,7, and ?ureau of Agricultural
Cooeratives >eveloment 6?AC)>7"
697 *he Assistant Secretary assigned to the 1lanning and
Fonitoring &rou shall ta3e charge of develoing, integrating,
monitoring and evaluating all lans and rograms of the
>eartment and shall collect, monitor, and u!lish agricultural
statistics for the >eartment and its clientele. *his grou shall
!e comosed of the 1lanning and Fonitoring Services,
Comuter Services, and ?ureau of Agricultural Statistics"
6<7 *he Assistant Secretary assigned to the Suort &rou
shall ta3e charge of roviding staff suort services in finance,
administration, and management. *his shall !e comosed of
the +inancial and Fanagement Services, the :egal Services,
and the Administrative Services"
6=7 *he Assistant Secretary assigned to the +oreign Assisted
1ro'ects shall !e resonsi!le for the negotiation and
imlementation of foreign assisted ro'ects of the >eartment"
677 *he Assistant Secretary assigned to Regional )erations
shall assist the 0ndersecretary for Regional )erations in the
suervision of regional offices, including the coordination and
imlementation of >eartment lans, olicies and rograms.
*he seven 677 Assistant Secretaries shall, in addition to the
a!ovementioned duties, erform such other functions as may
!e assigned !y the Secretary. *hey may also !e assigned or
laced under the suervision of the 0ndersecretaries at the
discretion of the Secretary.
CHAPTER %
DEPARTMENT SERVICES
Secti! 1). Plannin! and onitorin! Service. # *he 1lanning and
Fonitoring Service shall !e resonsi!le for the formulation and
integration of lans and rograms, emanating from all units of the
>eartment, including the ?ureau, Regional )ffices and Attached
Agencies. ,t shall also !e resonsi!le for data analysis and monitoring
of the imlementation of said lans and rograms through its
management information system.
Secti! 11. Computer Service. # *he Comuter Service shall !e
resonsi!le for the develoment and maintenance of the electronic
data rocessing re5uirements of the >eartment.
Secti! 12. (inancial and ana!ement Service. # *he +inancial and
Fanagement Service shall rovide services relating to !udgeting,
accounting and management.
Secti! 1%. %dministrative Service. # *he Administrative Service
shall !e resonsi!le for roviding ersonnel, records, information,
training and other general services.
Secti! 1&. "e!al Service. # *he :egal Service shall handle the legal
re5uirements including those ertaining to the 5uasi#'udicial and
regulatory functions of the >eartment 1roer and its ?ureaus.
Secti! 1'. %!ribusiness /nvestment /nformation Service. # *he
Agri!usiness ,nvestment ,nformation Service shall conduct research,
gather and collate data related to agri!usiness such as laws and
regulations, ta%ation, roduction technologies, mar3et strategies,
cometition, foreign assistance, grants, credit, and new venture
considerations relating to agri!usiness and shall ac3age information
on agri!usiness investment oortunities and rovide samle
feasi!ility studies for different agricultural roducts and mar3ets.
Secti! 1(. ar.etin! %ssistance Service. # *he Far3eting
Assistance Service shall !e resonsi!le for identifying mar3ets for
1hiliine agricultural roducts and shall assist in the lanning of
mar3et centers, mar3eting channels, and distri!ution networ3s.
Secti! 17. Department Services 1ead. # Each of the Services of the
>eartment shall !e headed !y a Staff >irector.
CHAPTER &
"UREAUS AND OFFICES
Secti! 18. +ureau of %nimal /ndustries. # *he ?ureau of Animal
,ndustry shall2
617 +ormulate rograms for the develoment and e%ansion of
the livestoc3, oultry, and dairy industries to meet the
re5uirements of the growing oulace"
687 Recommend the secific olicies and rocedures governing
the flow of livestoc3 roducts through the various stages of
mar3eting, as well as the roer reservation and insection of
such roducts"
697 Coordinate and monitor the activities and ro'ects relating
to livestoc3 and allied industries"
6;7 1rescri!e standards for 5uality in the manufacture,
imortation, la!elling, advertising, distri!ution, and sale of
livestoc3, oultry, and allied industries" and
6<7 +or its own sector, recommend lans, rograms, olicies,
rules and regulations to the Secretary and rovide technical
assistance in the imlementation of the same.
Secti! 19. +ureau of Plant /ndustry. # *he ?ureau of 1lant ,ndustry
shall2
617 ?e resonsi!le for the roduction of imroved lanting
materials, rotection of agricultural cros from ests and
diseases, and develoment and imrovement of farm
e5uiment and other structures related to the lant industry"
687 1reare a rogram for the selection, roduction and
certification of imroved lanting materials as well as
guidelines for its imlementation"
697 Recommend lant 5uarantine olicies, and rescri!e rules
and regulations for the revention, control, and eradication of
ests, diseases, and in'uries to lants and lant roducts" and
6;7 +or its own sector, recommend lans, rograms, olicies,
rules and regulations to the Secretary and rovide technical
assistance in the imlementation of the same.
Secti! 2). +ureau of (isheries and %$uatic #esources. # *he ?ureau
of +isheries and A5uatic Resources shall2
617 +ormulate lans for the roer management, accelerated
develoment, and roer utiliAation of the countryEs fishery
and a5uatic resources"
687 0nderta3e studies on the economics of the various hases
of the fishing industry, which studies shall form the !ases for
the formulation of olicies and rograms on fisheries and
a5uatic resources"
697 Render technical assistance and advisory services in the
roer rocurement, construction and oeration of the fishing
vessels as well as determination and designation of fish landing
oints for all commercial fishing !oats" and
6;7 +or its own sector, recommend lans, rograms, olicies,
rules and regulations to the Secretary and rovide technical
assistance in the imlementation of the same.
Secti! 21. +ureau of Soils and Water ana!ement. # *he ?ureau of
Soils and Water Fanagement shall2
617 Advise and render assistance on matters relative to the
utiliAation and management of soils and water as vital
agricultural resources"
687 +ormulate measures and guidelines for effective soil, land,
and water resource utiliAation, as well as soil conservation in
crolands and other agricultural areas"
697 0nderta3e soil research rograms"
6;7 Coordinate with the relevant government agencies in
resettlement areas and reare the necessary lans for the
rovision of technical assistance in solving soil imounding and
the revention of soil erosion, fertility reservation, and other
related matters"
6<7 Engage in rainma3ing ro'ects for agricultural areas and
watersheds to solve the ro!lem of rolonged droughts and
minimiAe their effects on standing agricultural cros" and
6=7 +or its own sector, recommend lans, rograms, olicies,
rules and regulations to the Secretary and rovide technical
assistance in the imlementation of the same.
Secti! 22. +ureau of %!ricultural #esearch. # *he ?ureau of
Agricultural Research shall2
617 Ensure that all agricultural research is coordinated and
underta3en for ma%imum utility to agriculture"
687 *a farmers, farmersE organiAations, and research
institutions, esecially the state colleges and universities, in
the conduct of research for use of the >eartment and its
clientele, articularly the farmers, fishermen and other rural
wor3ers.
Secti! 2%. +ureau of %!ricultural Cooperatives and Development. #
*he ?ureau of Agricultural Cooeratives and >eveloment shall2
617 +ormulate an integrated system for develoment and
evaluation of agricultural cooeratives"
687 1rovide advice and assistance in the esta!lishment of
agricultural cooeratives in the rural communities" and
697 Evolve a rogram to romote the economic via!ility of
agricultural cooeratives.
*he ?ureau shall include in its area of resonsi!ility non#
agricultural cooeratives.
Secti! 2&. +ureau of %!ricultural Statistics. # *he ?ureau of
Agricultural Statistics shall2
617 ?e mainly resonsi!le for the collection, comilation, and
official release of agricultural statistics"
687 E%ercise technical suervision over data collection centers"
697 Coordinate all agricultural statistics and economic research
activities of all !ureaus, cororations and offices under the
>eartment.
Secti! 2'. Agricultural *raining ,nstitute. # *he Agricultural *raining
,nstitute shall2
617 ?e resonsi!le for the training of all agricultural e%tension
wor3ers and their clientele, who are mostly farmers and other
agricultural wor3ers"
687 Ensure that training rograms address the real needs of
the agricultural sectors" and
697 Ensure that the research results are communicated to the
farmers through the aroriate training and e%tension
activities.
CHAPTER '
REGIONA$ OFFICES
Secti! 2(. (unctions. # *he >eartment of Agriculture is authoriAed
to esta!lish, oerate, and maintain a Regional )ffice in each of the
administrative regions of the country. Each Regional )ffice shall !e
headed !y a Regional >irector, to !e assisted !y three 697 Assistant
Regional >irectors, assigned to )erations, Research, and Suort
Services, resectively. Each Regional )ffice shall have, within its
administrative regions, the following duties and resonsi!ilities2
617 1rovide efficient and effective frontline services to the
eole"
687 ,mlement and enforce in its area the laws and olicies,
lans, rograms, ro'ects, rules, and regulations issued !y the
>eartment including lant and animal 5uarantine laws, rules
and regulations"
697 Coordinate with regional offices of other deartments,
offices and agencies in the region"
6;7 Coordinate with local government units" and
6<7 1erform such other functions as may !e rovided !y law or
assigned aroriately !y the Secretary.
At the rovincial level, olicies, lans, rograms, ro'ects, laws,
rules, and regulations of the >eartment shall !e imlemented !y the
1rovincial Agriculture and +isheries )fficer and, at the municial and
!arangay levels, !y the Funicial Agriculture and +isheries )ffice.
Secti! 27. /mportation of Plants and Plant Products. # Su!'ect to
such secial 5uarantine orders, rules and regulations as may !e
romulgated !y the Secretary of Agriculture uon recommendation of
the 1lant /uarantine ?oard, it is rohi!ited to imort or introduce into
the 1hiliines, lants, lant roducts, soil or ac3ing materials of
lants caa!le of har!oring lant ests or !eing a source or medium
of infection or infestation of lants !y ests. +or uroses of this
Chater, the term 4lants4 shall refer to living lants and any art
thereof, while 4lant roducts4 shall mean roducts derived from
lants either in their natural state or rocessed form.
Secti! 28. /mportation of Potential %nimal Pests. # *he imortation
of certain secies of animals which are lia!le to !ecome agricultural
cro ests and caa!le of causing in'ury to agricultural cros is
here!y rohi!ited, e%cet in limited 5uantities for 'ustifia!le uroses
and uon written ermission from the Regional >irector concerned or
other official of the >eartment who may !e authoriAed !y the
Secretary of Agriculture.
Secti! 29. Plants* Plant Products* and ,ther aterials in Transit. #
Commodities mentioned under the ne%t two receding sections,
including food rovisions and ornaments on !oard carriers that are in
transit, shall !e re5uired to get a clearance from the 1lant /uarantine
)fficer assigned at the ort concerned.
Secti! %). E2portation of Plants and Plant Products. # *he Regional
>irector concerned, the 1lant /uarantine )fficer or other officials of
the >eartment who may !e authoriAed !y the Secretary of
Agriculture shall cause the insection and certification of all lants,
lant roducts and other related materials for e%ortation, caa!le of
har!oring lant ests, if the imorting country so re5uires.
Secti! %1. /nspection of Plants* Plant Products* Potential %nimal
Pests* and ,ther aterials. # *he Regional >irector concerned or
other officials of the >eartment who may !e authoriAed !y the
Secretary of Agriculture shall cause the aroriate insection of the
commodities mentioned in the ne%t four receding sections and aly
the necessary lant 5uarantine measures in order to attain the
o!'ectives of this Chater.
Secti! %2. Domestic 5uarantine of Plants and Plant Products. # ,n
order to revent and arrest the sread to other areas of in'urious
lant ests e%isting in certain localities within the 1hiliines, the
Regional >irector concerned, the 1lant /uarantine )fficer or other
officials of the >eartment who may !e authoriAed !y the Secretary
of Agriculture shall cause the insection, treatment and certification
of lants and lant roducts involved in movement from one locality
to another within the country.
Secti! %%. %ppointment of Plant 5uarantine ,fficers. # *he
Secretary shall, uon recommendation of the Regional >irector
concerned and in consultation with the >irector of 1lant ,ndustry,
aoint 1lant /uarantine )fficers to act as his reresentatives in
imlementing and enforcing the rovisions of this Chater.
Secti! %&. Po-ers and Duties and Plant 5uarantine ,fficers. # *he
1lant /uarantine )fficers shall have authority to2
617 ,nsect all carriers, assengers, crew, luggage and
incoming mails to determine the resence of lants, lant
roducts and other materials caa!le of har!oring lant ests
as well as otential animal ests"
687 Enter into and insect any and all areas where lants, lant
roducts and other materials caa!le of har!oring lant ests
are landed, stored or grown"
697 E%amine imorted lants, lant roducts, and other
materials caa!le of har!oring lant ests as well as otential
animal ests and administer necessary measures to insure
effective imlementation of the rovisions of this Chater"
6;7 ,nsect, administer treatment and certify lants, lant
roducts and other related materials intended for e%ort, if the
imorting country so re5uires"
6<7 Confiscate and destroy or refuse entry of lants, lant
roducts and otential animal ests involved in rohi!ited
imortations and deny insection, certification or clearance of
the same" and
6=7 1erform such other related duties as may !e rovided !y
law.
Secti! %'. Non&"iability Clause. #
617 All charges for storage, demurrage, cartage, la!or and
delays incident to insection, cost of disinfection or
disinfestation and other ost#entry re5uirements shall !e aid
!y the imorter or e%orter as the case may !e.
687 *he Regional >irector and the authoriAed officials of the
>eartment shall not !e held lia!le for damages to the
commodity in the course of the imlementation of the
rovisions of this Chater.
Secti! %(. Duties of /mporter and E2porter. # *he imorters,
e%orters, or their authoriAed reresentatives shall su!mit a
declaration to the Regional >irector concerned or other authoriAed
officials of the >eartment, at or !efore the time of entry or
em!ar3ation, of lants and lant roducts for imortation or
e%ortation. Such declaration shall indicate the name and address of
the consignor or consignee, the urose, nature and 5uantity of
lants and lant roducts, the country or locality where the same was
grown, lace and date of unloading or em!ar3ation and the
registered name of the carrier carrying the consignment.
Secti! %7. Entrance and Clearance of Carrier. #
617 *he owner, oerator, agent or master of carriers lying
international or domestic routes are here!y re5uired to serve
notice of arrival and dearture and to rovide inward and
outward cargo manifests and other declarations of said carriers
to the 1lant /uarantine )fficer at the ost. 1rior to dearture,
the agent or master of said carrier must secure a clearance
from the 1lant /uarantine )fficer thereat.
687 *he Collector of Customs or his authoriAed agents shall
re5uire the owner, agent or master of carrier to su!mit a coy
of the certificate of lant 5uarantine clearance as a re#
re5uisite to the issuance of the customs clearance.
Secti! %8. Collection of (ees. #
617 *he Regional >irector concerned shall, with the aroval of
the Secretary of Agriculture, romulgate rules and regulations
governing the collection of regulatory fees for insection,
certification, imort ermits, commodity treatment and others,
on commodities descri!ed in this Chater which shall constitute
the revolving fund of the national lant 5uarantine service.
687 ,mortations and e%ortations of all government
deartments or agencies and government#owned or controlled
cororations, and donations to and for the account of any duly
registered relief organiAation or any charita!le institution
certified !y the >eartment of Social Services and Welfare,
em!assies of foreign governments, and those that may !e
declared !y the 1resident, uon the recommendation of the
(ational Economic and >eveloment Authority, in the interest
of economic develoment, are e%emt from ayment of the
fees herein rescri!ed e%cluding, however, the e%ense
incurred in commodity treatment.
Secti! %9. ,vertime Services. # *he services of 1lant /uarantine
)fficers, fumigators and helers erformed outside office hours and
reim!ursement of meal, transortation, lodging and other incidental
e%enses shall !e chargea!le to the arty or arties served at the
rates to !e rescri!ed !y the Secretary of Agriculture uon
recommendation of the Regional >irector concerned.
Secti! &). Cooperatin! %!encies. # *he Secretary of Agriculture
may call uon the other government agencies in the imlementation
of lant 5uarantine regulations, and dissemination of information to
the general u!lic.
Secti! &1. Special 5uarantine ,rders* #ules and #e!ulations. #
Secial 5uarantine orders, rules and regulations shall !e romulgated
!y the Secretary of Agriculture uon recommendation of the 1lant
/uarantine ?oard to carry out and imlement the rovisions of this
Chater.
Secti! &2. 5uasi&8udicial %uthority. #
617 *he Regional >irectors and the other officials of the
>eartment who may !e authoriAed !y the Secretary of
Agriculture, after roer hearing, are here!y emowered to
imose administrative fines for the violation of and non#
comliance with 5uarantine orders, rules and regulations
romulgated in accordance with this Chater.
687 *he decisions of the Regional >irectors concerned and
those of the other authoriAed officials of the >eartment under
this section are aeala!le to the Secretary of Agriculture
whose decision shall !e final.
Secti! &%. Plant 5uarantine +oard. # +or the urose of carrying
out the rovisions of this Chater, there shall !e a 1lant /uarantine
?oard which shall !e comosed of the 0ndersecretary of Agriculture
for Regional )erations as Chairman" the >irector of 1lant ,ndustry,
as @ice#Chairman" and the following mem!ers2 the Commissioner of
Customs, the &eneral Fanager of the 1hiliine 1orts Authority, the
>irector of /uarantine, the >irector of Animal ,ndustry, the
1ostmaster &eneral, the Administrator of the 1hiliine Coconut
Authority, the >irector of +orest >eveloment or their
reresentatives, the Chief of the >eartment :egal Service, the Chief
of the 1lant /uarantine Section and the Chief of the Cro 1rotection
>ivision of the ?ureau of 1lant ,ndustry, and a reresentative each
from the (ational Economic and >eveloment Authority, the Central
?an3 of the 1hiliines, and the ,mortersE and E%ortersE
Confederation, as mem!ers.
Secti! &&. Duties of the +oard. # *he 1lant /uarantine ?oard shall
act as the advisory !ody to assist the Secretary in formulating orders,
rules and regulations for the effective imlementation of the
rovisions of this Chater.
Secti! &'. +oard eetin!. # *he ?oard shall meet once every
5uarter or may call secial meetings when necessary, rovided that
such secial meeting shall not !e held more than four times annually.
Secti! &(. 5uorum. # A ma'ority of the mem!ers of the ?oard shall
constitute a 5uorum.
CHAPTER (
ATTACHED AGENCIES
Secti! &7. %ttached %!encies. # *he following units are here!y
attached to the >eartment2
617 Agricultural Credit 1olicy Council
687 (ational Agricultural and +ishery Council
697 1hiliine *echnical and Administrative Committee for
SEA+>EC
6;7 :ivestoc3 >eveloment Council
6<7 (ational Feat ,nsection Commission
6=7 +ertiliAer and 1esticide Authority
677 +i!er ,ndustry >eveloment Authority
6$7 (ational *o!acco Administration
697 Sugar Regulatory Administration
61B7 (ational +ood Authority and its su!sidiaries
6117 /uedan &uarantee +und ?oard
6187 1hiliine +isheries >eveloment Authority
6197 1hiliine Rice Research ,nstitute
61;7 1hiliine Coconut Authority and its su!sidiaries
61<7 (ational ,rrigation Administration
61=7 Sacovia >eveloment Authority" and
6177 Regional Cooerative >eveloment Assistance )ffices
6Regions ,I and I,,7.
Secti! &8. Specific (unctions. #
617 *he (ational Agricultural and +ishery Council shall act as an
advisory and coordinative !ody of the >eartment. As such, it
shall conduct and encourage consultative discussions among all
agricultural sectors at the municial, rovincial, regional and
national levels"
687 *he 1hiliine *echnical and Administrative Committee for
Southeast Asia +isheries >eveloment Center 6SEA+>EC7 shall
!e resonsi!le for the administration and management of the
SEA+>EC A5uaculture >eartment and shall monitor and
assess the erformance of research ro'ects on fisheries and
a5uaculture in accordance with the olicies or standards
esta!lished !y the SEA+>EC ,nternational Council and the
>eartment"
697 *he :ivestoc3 >eveloment Council shall !e resonsi!le for
the formulation and esta!lishment of comrehensive olicy
guidelines for the livestoc3 industry, rearation of lans and
rograms and evaluation of livestoc3 rogramsHro'ects"
6;7 *he (ational Feat ,nsection Commission shall conduct
actual ante mortem insection on all animals resented for
slaughter and ost mortem insection on all animals resented
for slaughter and ost mortem insection on all carcasses
intended for human consumtion in all a!attoirs in the country"
render technical assistance in the construction of meat
esta!lishments 6a!attoirs, dressing lants, rocessing lants
and meat mar3ets7 articularly on the selection of sites, and
lant design rearation, e5uiment design and test runs"
e%ercise overall suervision and control of management and
oerations of all a!attoirs, dressing lants, meat rocessing
lants and meat mar3ets.
Secti! &9. ,r!anization and ,peration. # *he agencies attached to
the >eartment shall continue to oerate and function in accordance
with their resective charters, laws or orders creating them, e%cet
as otherwise rovided in this Code. Any rovision of law to the
contrary notwithstanding, the Secretary shall serve as Chairman of
the governing !oards of all attached units or agencies.
Tit-e V
PU"$IC *OR#S AND HIGH*AYS
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # *he State shall maintain an
engineering and construction arm and continuously develo its
technology, for the uroses of ensuring the safety of all
infrastructure facilities and securing for all u!lic wor3s and highways
the highest efficiency and the most aroriate 5uality in
construction. *he lanning, design, construction and maintenance of
infrastructure facilities, esecially national highways, flood control
and water resources develoment systems, and other u!lic wor3s in
accordance with national develoment o!'ectives, shall !e the
resonsi!ility of such an engineering and construction arm. However,
the e%ercise of this resonsi!ility shall !e decentraliAed to the fullest
e%tent feasi!le.
Secti! 2. andate. # *he >eartment of 1u!lic Wor3s and
Highways shall !e the StateEs engineering and construction arm and
is tas3ed to carry out the olicy enunciated a!ove.
Secti! %. Po-ers and (unctions. # *he >eartment, in order to
carry out its mandate, shall2
617 1rovide technical services for the lanning, design,
construction, maintenance, or oeration of infrastructure
facilities"
687 >evelo and imlement effective codes, standards, and
reasona!le guidelines to ensure the safety of all u!lic and
rivate structures in the country and assure efficiency and
roer 5uality in the construction of u!lic wor3s"
697 Ascertain that all u!lic wor3s lans and ro'ect
imlementation designs are consistent with current standards
and guidelines"
6;7 ,dentify, lan, secure funding for, rogram, design,
construct or underta3e re5ualification, !idding, and award of
contracts of u!lic wor3s ro'ects with the e%cetion only of
secialiAed ro'ects underta3en !y &overnment cororate
entities with esta!lished technical caa!ility and as directed !y
the 1resident of the 1hiliines or as rovided !y law"
6<7 1rovide the wor3s suervision function for all u!lic wor3s
constructions and ensure that actual construction is done in
accordance with aroved government lans and
secifications"
6=7 Assist other agencies, including the local governments, in
determining the most suita!le entity to underta3e the actual
construction of u!lic wor3s ro'ects"
677 Faintain or cause to !e maintained all highways, flood
control, and other u!lic wor3s throughout the country e%cet
those that are the resonsi!ility of other agencies as directed
!y the 1resident of the 1hiliines or as rovided !y law"
6$7 1rovide an integrated lanning for highways, flood control
and water resource develoment systems, and other u!lic
wor3s"
697 Classify road and highways into national, regional,
rovincial, city, municial, and !arangay roads and highways,
!ased on o!'ective criteria it shall adot" rovide or authoriAe
the conversion of roads and highways from one category to
another" and
61B7 >elegate, to any agency it determines to have the
ade5uate technical caa!ility, any of the foregoing owers and
functions" and
6117 1erform such other functions as may !e rovided !y law.
Secti! &. ,r!anizational Structure. # *he >eartment shall !e
comosed of2
617 *he >eartment 1roer consisting of the )ffice of the
Secretary, the )ffices of the 0ndersecretaries and Assistant
Secretaries, the ,nternal Audit Service, Fonitoring and
,nformation Service, 1lanning Service, Comtrollershi and
+inancial Fanagement Service, :egal Service, and the
Administrative and Fanower Fanagement Service"
687 *he ?ureau of Research and Standards, ?ureau of >esign,
?ureau of Construction, ?ureau of Faintenance, and ?ureau of
E5uiment" and
697 *he +ield )ffices, consisting of fourteen 61;7 Regional
)ffices comosed of Region , 6,locos7, Region ,, 6Cagayan
@alley7, Region ,,, 6Central :uAon, (ational Caital Region7,
Region ,@#A 6Southern *agalog Fainland 1rovinces7, Region
,@#? 6Southern *agalog ,sland 1rovinces7, Region @ 6?icol7,
Region @, 6Western @isayas7, Region @,, 6Central @isayas7,
Region @,,, 6Eastern @isayas7, Region ,I 6Western Findanao7
Region I 6(ortheastern Findanao7 Region I, 6Southern
Findanao7 and Region I,, 6Central Findanao7, and their
resective >istrict )ffices.
CHAPTER 2
DEPARTMENT PROPER
Secti! '. ,ffice of the Secretary. # *he )ffice of the Secretary shall
!e comosed of the Secretary and his immediate staff.
Secti! (. )ndersecretaries. # *he Secretary shall !e assisted !y not
more than five 6<7 0ndersecretaries who shall !e aointed !y the
1resident uon the recommendation of the Secretary. *he Secretary
is here!y authoriAed to delineate and assign the resective functional
areas of resonsi!ility of the 0ndersecretaries. Such resonsi!ility
shall !e with resect to the mandate and o!'ectives of the
>eartment and no 0ndersecretary shall !e assigned rimarily
administrative resonsi!ilities. Within his functional area of
resonsi!ility, an 0ndersecretary shall have the following functions2
617 Advise and assist the Secretary in the formulation and
imlementation of >eartment olicies, lans rograms and ro'ects"
687 Suervise all the oerational activities of the units assigned to
him, for which he is resonsi!le to the Secretary" and
697 1erform such other duties and resonsi!ilities as may !e assigned
or delegated !y the Secretary to romote efficiency and effectiveness
in the delivery of u!lic services, or as may !e re5uired !y law.
Secti! 7. %ssistant Secretaries. # *he Secretary shall also !e
assisted !y si% 6=7 Assistant Secretaries aointed !y the 1resident of
the 1hiliines uon the recommendation of the Secretary" one 617 to
!e resonsi!le for the ,nternal Audit Services" one 617 for the
Fonitoring and ,nformation Service" one 617 for the 1lanning Service"
one 617 for the Comtrollershi and +inancial Fanagement Service"
one 617 for the :egal Service" and one 617 for the Administrative and
Fanower Fanagement Service.
CHAPTER %
DEPARTMENT SERVICES
Secti! 8. /nternal %udit Service. # *he ,nternal Audit Service shall
conduct comrehensive audit of various >eartment activities.
Secifically, it shall have the following functions2
617 Advice the Secretary on all matters relating to
management control and oerations audit"
687 Conduct management and oerations erformance audit of
>eartment activities and units and determine the degree of
comliance with esta!lished o!'ectives, olicies, methods and
rocedures, government regulations, and contractual
o!ligations of the >eartment"
697 Review and araise systems and rocedures,
organiAational structure, assets management ractices,
accounting and other records, reorts and erformance
standards 6such as !udgets and standard costs7 of the
>eartment 1roer, ?ureaus and Regional )ffices"
6;7 AnalyAe and evaluate management deficiencies and assist
to management to solve the ro!lems !y recommending
realistic courses of action" and
6<7 1erform such other related duties and resonsi!ilities as
may !e assigned or delegated !y the Secretary or as may !e
re5uired !y law.
Secti! 9. onitorin! and /nformation Service. # *he Fonitoring and
,nformation Service is here!y created to rovide the Secretary timely
reorts on the status of various >eartment ro'ects and activities"
and develo and imlement information rograms for mass
dissemination in coordination with the aroriate government
agencies. *he Fonitoring and ,nformation Service shall have the
following functions2
617 Advice the Secretary on all matters relating to monitoring
and u!lic information"
687 >evelo and maintain a system for retrieving and
rocessing monitoring information on all ro'ects and activities
of concern to the Secretary"
697 1rovide accurate and timely status and e%cetion reorts to
the Secretary"
6;7 &enerate monitoring reorts for the 1resident, the Ca!inet,
or for any other urose as re5uired !y the Secretary"
6<7 >evelo and suervise the imlementation of
communications rograms to have relevant olicies, rograms
and lans of the >eartment understood !y the u!lic"
6=7 1roduce and suervise the dissemination of media
materials in line with the national government u!lic
information rograms"
677 Coordinate with aroriate national government agencies
tas3ed with u!lic information affairs" and
6$7 1erform such other related duties and resonsi!ilities as
may !e assigned or delegated !y the Secretary or as may !e
re5uired !y law.
*he e%isting ,nfrastructure Comuter Center shall !e under the
suervision of the Assistant Secretary for Fonitoring ,nformation. ,t
shall esta!lish and maintain a comuteriAed data !an3 as a reository
of statistics and information on infrastructure oerations. ,t shall also
rovide comuter service to the different offices of the >eartment.
Secti! 1). Plannin! Service. # *he 1lanning Service shall rovide
the >eartment with the caa!ility to underta3e infrastructure
develoment lanning and rogramming. +or this urose, it shall
have the following functions2
617 Advice the Secretary on all matters relating to
infrastructure lanning"
687 +ormulate strategies and riorities for infrastructure
develoment consistent with national develoment o!'ectives"
and initiate or underta3e, coordinate and review area and
sector surveys for develoment lanning"
697 +ormulate long#range, medium#term and annual
develoment lans and rograms for infrastructure, esecially
highways, flood control and water resource develoment
systems, and other u!lic wor3s ro'ects, including hasing of
imlementation"
6;7 ,dentify riority ac3ages for infrastructure develoment,
esecially highways, flood control and water resource
develoment systems, and other u!lic wor3s ro'ects,
underta3e or suervise and evaluate the conduct of feasi!ility
studies and ro'ect rearation thereof"
6<7 1rioritiAe ro'ect imlementation and the allocation of funds
and other resources and ac3age ro'ect roosals for funding
and imlementation"
6=7 Evaluate and araise all regional and interregional
infrastructure develoment lans and rograms as to their
feasi!ility and consistency with aroved strategies and long
and medium#term lans"
677 ,nitiate regular >eartment#wide lanning e%ercises and
act as the secretariat thereof"
6$7 &ather, analyAe and organiAe needed statistical data and
information"
697 1rovide technical assistance related to its functions to the
other Services, ?ureaus and the Regional )ffices as needed"
and
61B7 1erform such other related duties and resonsi!ilities as
may !e assigned or delegated !y the Secretary or as may !e
re5uired !y law.
Secti! 11. Comptrollership and (inancial ana!ement Service. #
*he Comtrollershi and +inancial Fanagement Service shall rovide
the >eartment with coordinated services relating to financial
systems and rocedures, !udget, cash, accounting, and all financial
house3eeing matters. +or such uroses, it shall have the following
functions2
617 Advise the Secretary on all matters relating to the
accounting of government e%enditures and receits,
!udgeting and cash management, ro'ect finances, and
financial systems and rocedures"
687 1reare !udget roosals and ursue formal !udget
authoriAations" underta3e !udget e%ecution, and reare and
su!mit all aroriate reorts to the roer offices"
697 >evelo and maintain accounting, financial and assets
management systems, rocedures, and ractices in the
>eartment roer, ?ureaus, and Regional )ffices"
6;7 1rovide assistance in its area of secialiAation to any unit of
the >eartment and, when re5uested, to government
cororations and councils attached to the >eartment" and
6<7 1erform such other related duties and resonsi!ilities as
may !e assigned or delegated !y the Secretary or as may !e
re5uired !y law.
Secti! 12. "e!al Service. # *he :egal Service rovides the
>eartment with services on such legal affairs as contract letting and
litigation, legal and legislative research, comlaints and investigation,
legal counselling and other matters of law. +or such uroses, it shall
have the following functions2
617 Advise the Secretary on all matters relating to legal affairs"
687 1reare >eartment contracts and legal instruments,
review and interret all contracts and agreements entered into
!y the >eartment" evaluate all legal roosals"
697 Conduct administrative investigation as well as the review
of administrative charges against officers and emloyees of the
>eartment"
6;7 E%ercise functional 'urisdiction over the legal staffs of
Regional )ffices"
6<7 1rovide legal assistance to the >eartment 1roer, the
?ureaus and Regional )ffices and, when re5uested, the
attached cororations" and
6=7 1erform such other related duties and resonsi!ilities as
may !e assigned or delegated !y the Secretary or as may !e
re5uired !y law.
Secti! 1%. %dministrative and anpo-er ana!ement Service. #
*he Administrative and Fanower Fanagement Service rovides the
>eartment with services relating to human resources develoment,
ersonnel, records, facilities maintenance, medical and dental,
security and roerty and rocurement services. +or such uroses,
it shall have the following functions2
617 Advise the Secretary, on all matters relating to internal
administration and human resources management"
687 1reare and imlement an integrated ersonnel lan that
shall include rovisions on merit romotions, erformance
evaluation, 'o! rotation, suggestions and incentive awards
systems and health and welfare services"
697 1rovide services related to human resources training,
education, and develoment, including manower and career
lanning and forecasting and develoment of indigenous
training materials"
6;7 >evelo, esta!lish and maintain an efficient and cost#
effective roerty rocurement system and facilities and
coordinate or otherwise interface with relevant agencies,
whether government or rivate, for the urose of develoing
or ugrading the system"
6<7 Secure and maintain necessary >eartment facilities and
develo, esta!lish and maintain an efficient and effective
security system covering among others, ersonnel, hysical
installations, e5uiment, documents and materials, including
the conduct of security investigations"
6=7 Coordinate with the aroriate government agencies for a
more efficient conduct of administrative rocesses"
677 >evelo, esta!lish and maintain an efficient records
system"
6$7 1rovide assistance in its area of secialiAation to the
>eartment 1roer, ?ureaus and Regional )ffices and, when
re5uested, the government agencies and cororations attached
to the >eartment" and
697 1erform such other related duties and resonsi!ilities as
may !e assigned or delegated !y the Secretary or as may !e
re5uired !y law.
CHAPTER &
THE "UREAU
Secti! 1&. +ureau 1ead. # Each ?ureau shall !e headed !y a
?ureau >irector who shall !e resonsi!le for efficiently and effectively
carrying out the functions of the ?ureau.
Secti! 1'. +ureau of #esearch and Standards. # *he ?ureau of
Research and Standards shall develo and set effective standards and
reasona!le guidelines to ensure the safety of all infrastructure
facilities in the country and to assure efficiency and roer 5uality in
the construction of government u!lic wor3s. ,n ursuit of this tas3,
the ?ureau shall engage in research and develoment in all ma'or
areas ertinent to infrastructure develoment. +or such uroses, it
shall have the following functions2
617 Study, on a continuing !asis, and formulate and
recommend guidelines, standards, criteria, and systems for the
survey and design, construction, reha!ilitation, maintenance
and imrovement of all u!lic wor3s and highways"
687 Conduct or sonsor research on construction materials and
formulate and recommend olicies, standards and guidelines
on materials and 5uality control"
697 0nderta3e or cause to !e underta3en secialiAed technical
studies to advance the inhouse technology of the >eartment
and secure the most comlete information for ro'ect
develoment and imlementation uroses"
6;7 +ormulate technical training rograms for >eartment
technical ersonnel, including the identification of aroriate
local and foreign training rograms, and recommend the
selection of >eartment ersonnel for such rograms"
6<7 Review and study, for the urose of recogniAing new
technologies esecially those utiliAing indigenous resources,
current national !uilding and construction standards and
rocedures and ma3e aroriate recommendations thereon"
6=7 1romote, u!lish and disseminate technical u!lications"
677 1rovide technical assistance to the >eartment 1roer,
other ?ureaus, Regional )ffices and other agencies on matters
within its cometence, including technical assistance in the
ugrading or udating of the ?uilding Code, and other
services"
6$7 Cooerate or coordinate with other esta!lished research,
develoment, and engineering centers in areas of common or
national interests" and
697 1erform such other duties and resonsi!ilities as may !e
assigned or delegated !y the Secretary or as may !e re5uired
!y law.
Secti! 1(. +ureau of Desi!n. # *he ?ureau of >esign shall ascertain
that all government infrastructure ro'ect imlementation lans and
designs are consistent with current standards and guidelines. +or this
urose, it shall have the following duties and resonsi!ilities2
617 Conduct or initiate, suervise and review the results of field
surveys for highways, flood control and water resource
develoment systems, and other u!lic wor3s ro'ects,
including aerial, hydrologic, hydrograhic, toograhic,
geotechnical and other investigations"
687 Conduct or initiate, suervise and review the rearation of
schemes, designs, secifications, estimates, tender and
contract documents covering the architectural, structural,
mechanical, electrical and other technical design asects of
highways, flood control and other ro'ects of the >eartment
or of other deartments uon re5uest or agreement"
697 Review and evaluate the designs, secifications, estimates,
tender and contract documents covering the architectural,
structural, mechanical, electrical and other technical design
asects of u!lic wor3s ro'ects of all agencies in accordance
with current standards and guidelines"
6;7 1rovide technical assistance in the selection of firms or
entities that shall underta3e actual construction of u!lic wor3s
ro'ects via articiation in the technical evaluation asect of
the !iddingHaward rocess" and
6<7 1erform such other related duties and resonsi!ilities as
may !e assigned or delegated !y the Secretary of as may !e
re5uired !y law.
Secti! 17. +ureau of Construction. # *he ?ureau of Construction
shall rovide technical services on construction wor3s for
infrastructure ro'ects and facilities. +or this urose, it shall have
the following duties and resonsi!ilities2
617 +ormulate olicies relating to construction management
and contract administration"
687 Review and evaluate construction rograms, estimates,
tender and contract documents"
697 ,nsect, chec3 and monitor construction and wor3s
suervision activities of field imlementing offices for the
urose of ensuring that such activities are !eing conducted in
accordance with the current standards and guidelines of the
>eartment"
6;7 1rovide secialist suort to imlementing field offices on
construction management and contract administration" and
6<7 1erform such other related duties and resonsi!ilities as
may !e assigned or delegated !y the Secretary or as may !e
re5uired !y law.
Secti! 18. +ureau of aintenance. # *he ?ureau of Faintenance
rovides technical services on the maintenance and reair of
infrastructure ro'ects and facilities. +or this urose, it shall have
the following duties and resonsi!ilities2
617 +ormulate olicies relating to the maintenance of
infrastructure ro'ects and facilities"
687 Review and evaluate maintenance rograms, estimates and
tender and contract documents"
697 ,nsect, chec3, and monitor maintenance activities of
imlementing field offices for the urose of ensuring that such
activities are !eing conducted in accordance with the current
standards and olicies of the >eartment"
6;7 1rovide secialist suort to imlementing field offices on
the maintenance of infrastructure ro'ects and facilities"
6<7 1erform such other related duties and resonsi!ilities as
may !e assigned or delegated !y the Secretary or as may !e
re5uired !y law.
Secti! 19. +ureau of E$uipment. # *he ?ureau of E5uiment
rovides technical services on the management of construction and
maintenance e5uiment and ancillary facilities. +or this urose it
shall have the following duties and resonsi!ilities2
617 +ormulate olicies relating to the management of
infrastructure e5uiment and ancillary facilities"
687 Review and evaluate rograms, estimates, tender and
contract documents for e5uiment"
697 ,nsect, chec3 and monitor the management of e5uiment
!y regional e5uiment services and area shos for the urose
of ensuring that such activities are !eing conducted in
accordance with the current standards and olicies of the
>eartment"
6;7 1rovide secialist suort to imlementing field offices on
e5uiment management" and
6<7 1erform such other related duties and resonsi!ilities as
may !e assigned or delegated !y the Secretary or as may !e
re5uired !y law.
CHAPTER '
REGIONA$ OFFICES
Secti! 2). #e!ional ,ffices. # Regional )ffices shall !e resonsi!le
for highways, flood control and water resource develoment systems,
and other u!lic wor3s within the region, e%cet those defined in
Section 9, ar. 6;7 hereof. +or this urose, their duties and
resonsi!ilities shall !e as follows2
617 0nderta3e and evaluate the lanning, design, construction
and wor3s suervision functions of the >eartment for the
a!ove mentioned infrastructure within the region"
687 0nderta3e the maintenance of the a!ove mentioned
infrastructure within the region and suervise the maintenance
of such local road and other infrastructure receiving national
government financial assistance as the Secretary may
determine"
697 Ensure the imlementation of laws, olicies, rograms,
rules and regulations regarding the a!ove mentioned
infrastructure as well as all u!lic and rivate hysical
structures"
6;7 1rovide technical assistance related to their functions to
other agencies within the region, esecially the local
government"
6<7 Coordinate with other deartments, agencies, institutions
and organiAations, esecially local government units within the
region in the lanning and imlementation of infrastructure
ro'ects"
6=7 Conduct continuing consultations with the local
communities, ta3e aroriate measures to ma3e the services
of the >eartment resonsive to the needs of the general
u!lic, comile and su!mit such information to the central
office, and recommend such aroriate actions as may !e
necessary" and
677 1erform such other related duties and resonsi!ilities as
may !e assigned or delegated !y the Secretary or as may !e
re5uired !y law.
*he >eartment shall retain and have such 1ro'ect Fanagement
)ffices as may !e re5uired which shall !e under the suervision and
control of the aroriate Regional >irector, unless otherwise
determined !y the Secretary for reasons of sura#regional scoe,
magnitude, and multi#functional coverage.
Secti! 21. #e!ional Director. # *he Regional )ffice shall !e headed
!y a Regional >irector who shall !e resonsi!le for efficiently and
effectively carrying out the duties and resonsi!ilities of the Regional
)ffice. *owards this end, and in line with the olicy of
decentraliAation, he shall, within his defined owers, e%ercise
functional and administrative suervision over >istrict )ffices within
the region including the authority to commit their resources and
ersonnel to integrated rovince or city#wide develoment thrusts.
He shall also erform such other related duties and resonsi!ilities as
may !e assigned or delegated !y the Secretary or as may !e re5uired
!y law.
*he Regional >irector shall !e assisted !y two 687 Assistant Regional
>irectors who shall e%ercise suervision, resectively over2 617 the
construction, maintenance and wor3s suervision functions in the
region" and 687 the lanning, ro'ect design, evaluation and technical
assistance functions of the Regional )ffice.
Secti! 22. District ,ffice. # *here shall !e a >istrict )ffice in each
of the rovinces and cities throughout the country to !e headed !y a
>istrict Engineer aointed !y the Secretary. A rovince or city may,
however, !e divided into two 687 or more engineering districts, uon
determination and issuance of an administrative order !y the
Secretary. *he >istrict )ffice shall !e resonsi!le for all highways,
flood control and water resource develoment systems, and other
u!lic wor3s within the district, e%cet those defined under Section 9,
ar. 6;7 hereof. +or this urose, it shall have the following duties
and resonsi!ilities2
617 0nderta3e and evaluate the lanning, design, construction,
and wor3s suervision functions of the >eartment for the
a!ove mentioned infrastructure in the district"
687 0nderta3e the maintenance of the a!ovementioned
infrastructure within the district and suervise the maintenance
of such local roads and other infrastructure receiving national
government financial assistance as the Secretary may
determine"
697 Coordinate with other deartments, agencies, institutions,
and organiAations, esecially local government units within the
district in the lanning and imlementation of infrastructure
ro'ects"
6;7 1rovide technical assistance to other agencies at the local
level on u!lic wor3s lanning, design, construction,
maintenance and other engineering matters including securing
from the Regional )ffice or, through the same office,
assistance from the >eartment 1roer or ?ureaus"
6<7 Conduct continuing consultations with the local
communities, ta3e aroriate measures to ma3e the services
of the >eartment resonsive to the needs of the general
u!lic, comile and su!mit such information to the Regional
)ffice and recommend such aroriate actions as may !e
necessary" and
6=7 1erform such other related duties and resonsi!ilities as
may !e assigned or delegated !y the Secretary or as may !e
re5uired !y law.
Secti! 2%. District En!ineer. # *he >istrict Engineer of or within a
rovince or city shall !e accounta!le for the efficient and effective
conduct of the duties and resonsi!ilities of the >istrict )ffice of
which he is the head. Within his defined owers, he shall e%ercise
functional and administrative suervision over district oerations
including the authority to recommend that field resources and
ersonnel !e committed to integrated district#wide develoment
thrusts. He shall also erform such other related duties and
resonsi!ilities as may !e assigned or delegated !y the Secretary or
as may !e re5uired !y law.
Secti! 2&. E$uipment Services. # *he Regional E5uiment Services,
including regional deots and area shos are here!y reorganiAed to
underta3e the management, reair, maintenance and reha!ilitation of
construction and maintenance e5uiment. Each deot or sho shall
!e oerated, to the e%tent ractica!le, as a rofit center. *he
Regional E5uiment Services shall !e under the administrative
suervision of the Regional >irector and technical suervision of the
?ureau of E5uiment.
CHAPTER (
ATTACHED AGENCIES
Secti! 2'. %ttached %!encies and Corporations. # Agencies and
cororations attached to the >eartment shall continue to oerate
and function in accordance with their resective
chartersHlawsHe%ecutive orders creating them. Accordingly, the
Fetroolitan Waterwor3s and Sewerage System, the :ocal Water
0tilities Administration, the (ational ,rrigation Administration, and
the (ational Water Resources Council, among others, shall continue
to !e attached to the >eartment" while the Fetroolitan Fanila
+lood Control and >rainage Council, as reorganiAed, shall !e attached
to the >eartment.
Tit-e VI
EDUCATION. CU$TURE AND SPORTS
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # *he State shall rotect and
romote the right of all citiAens to 5uality education at all levels and
shall ta3e aroriate stes to ma3e such education accessi!le to all.
1ursuant to this, the State shall2
17 Esta!lish, maintain and suort a comlete, ade5uate, and
integrated system of education relevant to the needs of the
eole and society"
87 Esta!lish and maintain a system of free u!lic education in
the elementary and high school levels. Without limiting the
natural right of arents to rear their children, elementary
education is comulsory for all children of school age"
97 Esta!lish and maintain a system of scholarshi grants,
student loan rograms, su!sidies, and other incentives which
shall !e availa!le to deserving students in !oth u!lic and
rivate schools, esecially to the underrivileged"
;7 Encourage non#formal, informal, and indigenous learning
systems, as well as self#learning, indeendent, and out#of#
school study rograms articularly those that resond to
community needs" and
<7 1rovide adult citiAens, the disa!led, and out#of#school youth
with training in civics, vocational efficiency, and other s3ills.
Secti! 2. andate. # *he >eartment shall !e rimarily resonsi!le
for the formulation, lanning, imlementation and coordination of the
olicies, lans, rograms and ro'ects in the areas of formal and non#
formal education at all levels, suervise all educational institutions,
!oth u!lic and rivate, and rovide for the esta!lishment and
maintenance of a comlete, ade5uate and integrated system of
education relevant to the goals of national develoment.
Secti! %. Po-ers and (unctions. # *o accomlish its mandate and
o!'ectives, the >eartment shall have the owers and functions of
formulating, lanning, imlementing and coordinating the olicies,
lans, rograms and ro'ects for the following2
617 Elementary, secondary, hysical and international
education"
687 (on#formal and vocational or technical education"
697 Higher education"
6;7 >eveloment of culture"
6<7 +oreign and locally assisted ro'ects and other activities
relative to Su!sections 617, 687, 697 and 6;7" and
6=7 1erform such other functions as may !e rovided !y law.
Secti! &. ,r!anizational Structure. # *he >eartment, aside from
the >eartment 1roer, shall consist of ?ureau and Regional )ffices.
CHAPTER 2
DEPARTMENT PROPER
Secti! '. )ffice of the Secretary. # *he )ffice of the Secretary shall
!e comosed of the Secretary and his immediate staff.
Secti! (. 0ndersecretaries. # *he Secretary shall !e assisted !y five
6<7 0ndersecretaries, each of whom shall !e resonsi!le for the
following2
617 Elementary education, secondary education, hysical
education and international education rograms and centers"
687 (on#formal education, vocationalHtechnical education, and
youth organiAations"
697 Higher education, cultural agencies, and foreign assisted
ro'ects"
6;7 ,nternal administration and management, and regional
coordination" and
6<7 :egal and legislative affairs, and other attached agencies
and centers.
CHAPTER %
DEPARTMENT SERVICES
Secti! 7. (unctions of the Services. # *he Services of the
>eartment shall consist of the following2
617 *he 1lanning Service shall !e resonsi!le for roviding the
>eartment with economical, efficient, and effective services
relating to lanning, rogramming, and ro'ect develoment"
687 *he +inancial and Fanagement Service shall !e resonsi!le
for roviding the >eartment with staff advice and assistance
on !udgetary, financial, and management imrovement
matters"
697 *he Administrative Service shall !e resonsi!le for
roviding the >eartment with economical, efficient, and
effective services relating to legal assistance, information,
records, sulies or e5uiment, collection, dis!ursement,
security and custodial wor3"
6;7 *he Human Resources >eveloment Service, shall2
6a7 >evelo and administer a ersonnel rogram which
shall include selection and lacement, classification and
ay, career, and emloyment develoment, erformance
rating, emloyee relations and welfare services"
6!7 Act on all matters concerning attendance, leaves of
a!sences, aointments, romotions, and other
ersonnel transactions" and
6c7 Conduct training rograms in the >eartment.
6<7 *he *echnical Service, which includes the )ffice of the
Head E%ecutive Assistant and the ,nformation and 1u!lication
Service shall ta3e charge of technical staff activities which
cannot !e allocated to the four 6;7 other services.
CHAPTER &
"OARD OF HIGHER EDUCATION
Secti! 8. ,r!anization. # *he ?oard shall !e comosed of an
0ndersecretary of the >eartment of Education, Culture and Sorts
designated as Chairman and four other mem!ers to !e aointed !y
the 1resident of the 1hiliines uon nomination !y the Secretary of
Education, Culture and Sorts for a term of four years. *he four
mem!ers shall have distinguished themselves in the field of higher
education and develoment either in the u!lic or rivate sector. *he
>irector of the ?ureau of Higher Education shall articiate in the
deli!eration of the ?oard !ut without the right to vote.
Secti! 9. (unctions. # *he ?oard of Higher Education shall2
617 Articulate the olicy and suort the framewor3 for !oth
u!lic and rivate ost#secondary education"
687 Fa3e olicy recommendations regarding the lanning and
management of the integrated system of higher education and
the continuing evaluation thereof"
697 Recommend to the Secretary of Education, Culture and
Sorts stes to imrove the governance of the various
comonents of the higher education system at national and
regional levels" and
6;7 Assist the Secretary of Education, Culture and Sorts in
ma3ing recommendations relative to the generation of
resources and their allocation for higher education.
Secti! 1). Staff %ssistance. # *he ?ureau of Higher Education shall
rovide the ?oard with the necessary technical and staff suort"
1rovided, *hat the ?oard may create technical anels of e%erts in
the various discilines as the need arises.
CHAPTER '
STATE CO$$EGES AND UNIVERSITIES
Secti! 11. Governance. # ?y virtue of his chairmanshi of their
!oards of trustees as rovided in their resective charters, the
Secretary, directly or through his 0ndersecretaries, shall continue to
govern state colleges and universities.
CHAPTER (
"UREAUS AND OFFICES
Secti! 12. +ureau of Elementary Education. # *he ?ureau of
Elementary Education shall have the following functions2
617 Conduct studies and formulate, develo, and evaluate
rograms and educational standards for elementary education"
687 0nderta3e studies necessary for the rearation of
rototye curricular designs, instructional materials and
teacher training rograms for elementary education"
697 +ormulate guidelines to imrove elementary school
hysical lans and e5uiment, and general management of
these schools" and
6;7 1erform such other functions as may !e rovided !y law.
Secti! 1%. +ureau of Secondary Education. # *he ?ureau of
Secondary Education shall have the following functions2
617 Conduct studies and formulate, develo and evaluate
rograms and educational standards for secondary education"
687 >evelo curricular designs, reare instructional materials,
and reare and evaluate rograms to ugrade the 5uality of
the teaching and non#teaching staff at the secondary level"
697 +ormulate guidelines to imrove the secondary schools
hysical lants and e5uiment, and general management of
these schools" and
6;7 1erform such other functions as may !e rovided !y law.
Secti! 1&. +ureau of Technical and 3ocational Education. # *he
?ureau of *echnical and @ocational Education shall have the following
functions2
617 Colla!orate with other agencies in the formulation of
manower lans"
687 Conduct studies, formulate, develo and evaluate ost#
secondary vocational technical staff, and formulate guidelines
to imrove the hysical lant and e5uiment of ost#secondary
vocational#technical schools" and
697 >evelo curricular designs and reare instructional
materials, reare and evaluate rograms to ugrade the
5uality of teaching and non#teaching staff, and formulate
guidelines to imrove the hysical lant and e5uiment of
ost#secondary, vocationalHtechnical schools.
Secti! 1'. +ureau of 1i!her Education. # *he ?ureau of Higher
Education shall have the following functions2
617 >evelo, formulate and evaluate rograms, ro'ects and
educational standards for higher education"
687 1rovide staff assistance to the ?oard of Higher Education in
its olicy and advisory functions"
697 1rovide technical assistance to encourage institutional
develoment rograms and ro'ects"
6;7 Comile, analyAe and evaluate data on higher education"
and
6<7 1erform other functions rovided !y law.
Secti! 1(. +ureaus of Non&(ormal Education. # *he ?ureau of (on#
+ormal Education shall have the following functions2
617 Serve as a means of meeting the learning needs of those
una!le to avail themselves of the educational services and
rograms of formal education"
687 Coordinate with various agencies in roviding oortunities
for the ac5uisition of s3ills necessary to enhance and ensure
continuing emloya!ility, efficiency, roductivity, and
cometitiveness in the la!or mar3et" and
697 Serve as a means for e%anding access to educational
oortunities to citiAens of varied interests, demograhic
characteristics and socio#economic origins of status.
Secti! 17. +ureau of Physical Education and School Sports. # *he
?ureau of 1hysical Education and School Sorts shall have the
following functions2
617 >evelo human resources through mass#!ased sorts
education"
687 ,mrove the general fitness of the citiAenry"
697 1romote social and cultural integration through the revival
of indigenous games and sorts"
6;7 ,dentify and nurture sorts talents and romote e%cellence
in sorts, traditional games and other hysical activities" and
6<7 1erform such other functions as may !e rovided !y law.
CHAPTER 7
REGIONA$ OFFICES
Secti! 18. ,r!anization. # *he >eartment is here!y authoriAed to
esta!lish, oerate and maintain a Regional )ffice in each of the
administrative regions of the country. Each Regional )ffice shall !e
headed !y a Regional >irector who shall !e assisted !y an Assistant
Regional >irector. *he Regional >irector shall !e resonsi!le for the
School >ivisions and their Suerintendents within his administrative
region.
Secti! 19. (unctions. # A Regional )ffice shall have, within its
administrative region, the following functions2
617 +ormulate the regional lan of education !ased on the
national lan of the >eartment ta3ing into account the
secific needs and secial traditions of the region"
687 ,mlement laws, rules, regulations, olicies, lans,
rograms and ro'ects of the >eartment"
697 1rovide economical, efficient and effective education
service to the eole"
6;7 Coordinate with regional offices of other >eartments,
)ffices and agencies in the region"
6<7 Coordinate with local government units" and
6=7 1erform such other functions as may !e rovided !y law.
CHAPTER 8
ATTACHED AGENCIES
Secti! 2). %ttached %!encies. # *he following agencies are here!y
attached to the >eartment2
617 (ational Fuseum"
687 (ational :i!rary"
697 (ational Historical ,nstitute"
6;7 ,nstitute of 1hiliine :anguages"
6<7 ,nstructional Faterials Cororation"
6=7 ,nstructional Faterials Council"
677 Educational >eveloment 1ro'ects ,mlementing *as3
+orce"
6$7 Educational Assistance 1olicy Council"
697 (ational Douth and Sorts >eveloment ?oard"
61B7 (ational Social Action Council"
6117 (ational ?oard of *eachers"
6187 ?oy Scouts of the 1hiliines"
6197 &irl Scouts of the 1hiliines" and
61;7 Records Fanagement and Archives )ffice.
Secti! 21. Supervised and Controlled %!encies. # *he >eartment
shall e%ercise suervision and control over the following agencies2
617 Health and (utrition Center" and
687 (ational Education *esting and Research Center.
Secti! 22. (unctions and Duties. # *he agencies attached to as well
as those under the suervision and control of the >eartment shall
continue to oerate and function in accordance with their resective
charters or laws creating them e%cet as otherwise rovided in this
Code.
CHAPTER 9
MISCE$$ANEOUS PROVISIONS
Secti! 2%. edium of /nstruction. # *he >eartment shall
romulgate rules and the regulations on the medium of instruction for
all schools in accordance with the olicy declared in Section 7, Article
I,@ of the Constitution.
Secti! 2&. School ?ear. #
17 *he school year for u!lic and rivate schools shall consist
of not less than forty 6;B7 wee3s for the elementary and
secondary levels, and thirty#si% 69=7 wee3s for the college level
or eighteen 61$7 wee3s a semester.
87 *he oening date shall !e fi%ed !y the Secretary, !ut it shall
not !e earlier than the first day of Cune nor later than the last
day of Culy of each year unless revented !y fortuitous events.
97 *he long school vacation eriod shall li3ewise !e fi%ed !y
the Secretary ta3ing into consideration the convenience of the
uils and the secial climatic conditions revailing during the
said eriod.
;7 *he dates esta!lished for the long school vacation shall not
!e changed oftener than one every five 6<7 years without rior
u!lic hearing roerly advertised in a newsaer of general
circulation or announced !y the school authorities concerned.
Secti! 2'. School 1olidays. # All schools, whether u!lic or rivate,
shall not hold classes on u!lic holidays, whether regular or secial.
)n holidays esecially roclaimed !y the 1resident, the schools in the
municiality, city or rovince affected !y the roclamation shall not
hold classes. *he Secretary may, !y reason of u!lic calamity or
emergency, order the closure of any school, u!lic or rivate, as may
have !een affected there!y for such eriod as necessity may
demand.
Secti! 2(. School Sessions. # *he regular daily sessions of all u!lic
and rivate schools shall !e held during the hours fi%ed !y the
Secretary or his duly authoriAed reresentatives. E%cet in college,
no class sessions shall !e held on Saturdays, Sundays, or holidays
unless to offset class sessions susended !y cometent authority.
Secti! 27. School #ituals. #
617 School rituals reared and rescri!ed !y the Secretary
shall !e o!served in all u!lic and rivate elementary and
secondary schools in the 1hiliines.
87 *he school rituals shall consist of solemn and atriotic mass
singing of the 1hiliine (ational Anthem and the recitation of
rescri!ed atriotic ledges.
97 *he rituals shall !e held in school remises as often as may
!e ractica!le under the direction of the resective school
authorities.
Secti! 28. (la! Ceremony. #
17 All educational institutions shall o!serve a simle and
dignified flag ceremony, including the laying or singing of the
1hiliine (ational Anthem.
87 *he flag ceremony shall !e conducted under the rules and
regulations issued !y the Secretary.
97 +ailure or refusal to o!serve the flag ceremony in
accordance with the rules and regulations issued !y the
Secretary shall, after roer notice and hearing, su!'ect the
educational institution concerned and its head to u!lic
censure as an administrative unishment, which shall !e
u!lished at least once in a newsaer of general circulation.
;7 +ailure to o!serve for the second time the said flag
ceremony shall, after notice and hearing, !e a ground for the
cancellation of the recognition or the ermit of the rivate
educational institution concerned.
<7 Any teacher or student or uil who refuses to 'oin or
articiate in the flag ceremony may !e dismissed after due
investigation .
Secti! 29. "ocal School +oards. # ,n every rovince, city or
municiality, there shall !e esta!lished a 1rovincial School ?oard,
City School ?oard and Funicial School ?oard, resectively, whose
comosition, owers, functions and duties shall !e rovided !y law.
Tit-e VII
$A"OR AND EMP$OYMENT
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. #
617 *he State shall afford full rotection to la!or and romote
full emloyment and e5uality of emloyment oortunities for
all.
,t shall guarantee the rights of all wor3ers to self#organiAation,
collective !argaining negotiations, and eaceful concerted
activities, including the right to stri3e in accordance with law.
*hey shall !e entitled to security of tenure, humane conditions
of wor3, and a living wage. *hey shall also articiate in olicy
and decision#ma3ing rocesses affecting their rights and
!enefits as may !e rovided !y law.
687 *he State shall romote the rincile of shared
resonsi!ility !etween wor3ers and emloyers and the
referential use of voluntary modes in settling disutes,
including conciliation, and shall enforce their mutual
comliance therewith to foster industrial eace.
697 *he State shall regulate the relations !etween wor3ers and
emloyers, recogniAing the right of la!or to its 'ust share in the
fruits of roduction and the right of enterrises to reasona!le
returns on investments, and to e%ansion and growth.
Secti! 2. andate. # *he >eartment shall !e the rimary olicy#
ma3ing, rogramming, coordinating and administrative entity of the
E%ecutive ?ranch of the government in the field of la!or and
emloyment. ,t shall assume rimary resonsi!ility for2
617 *he romotion of gainful emloyment oortunities and the
otimiAation of the develoment and utiliAation of the countryEs
manower resources"
687 *he advancement of wor3ersE welfare !y roviding for 'ust
and humane wor3ing conditions and terms of emloyment"
697 *he maintenance of industrial eace !y romoting
harmonious, e5uita!le, and sta!le emloyment relations that
assure e5ual rotection for the rights of all concerned arties.
Secti! %. Po-ers and (unctions. # *he >eartment of :a!or and
Emloyment shall2
617 Enforce social and la!or legislation to rotect the wor3ing
class and regulate the relations !etween the wor3er and his
emloyer"
687 +ormulate and recommend olicies, lans and rograms for
manower develoment, training, allocation, and utiliAation"
697 Recommend legislation to enhance the material, social and
intellectual imrovement of the nationEs la!or force"
6;7 1rotect and romote the interest of every citiAen desiring to
wor3 locally or overseas !y securing for him the most e5uita!le
terms and conditions of emloyment, and !y roviding social
and welfare services"
6<7 Regulate the emloyment of aliens, including the
enforcement of a registration or wor3 ermit system for such
aliens, as rovided for !y law"
6=7 +ormulate general guidelines concerning wage and income
olicy"
677 Recommend necessary ad'ustments in wage structures
with a view to develoing a wage system that is consistent
with national economic and social develoment lans"
6$7 1rovide for safe, decent, humane and imroved wor3ing
conditions and environment for all wor3ers, articularly women
and young wor3ers"
697 Faintain a harmonious, e5uita!le and sta!le la!or relations
system that is suortive of the national economic olicies and
rograms"
61B7 0hold the right of wor3ers and emloyers to organiAe
and romote free collective !argaining as the foundation of the
la!or relations system"
6117 1rovide and ensure the fair and e%editious settlement
and disosition of la!or and industrial disutes through
collective !argaining, grievance machinery, conciliation,
mediation, voluntary ar!itration, comulsory ar!itration as
may !e rovided !y law, and other modes that may !e
voluntarily agreed uon !y the arties concerned" and
6187 1erform such other functions as may !e rovided !y law.
Secti! &. ,r!anizational Structure. # *he >eartment shall consist
of the )ffice of the Secretary, and 0ndersecretaries and Assistant
Secretaries, the Services and Staff ?ureaus, and the Regional )ffices.
CHAPTER 2
DEPARTMENT PROPER
Secti! '. ,ffice of the Secretary. # *he )ffice of the Secretary shall
consist of the Secretary and his immediate staff.
Secti! (. 4oint #P&)S "abor Committee Staff . # *here is here!y
created in the )ffice of the Secretary a Coint R1#0S :a!or Committee
Staff which shall rovide technical and other necessary services to
the 1hiliine anel in the Coint :a!or Committee created under the
R1#0S ?ase :a!or Agreement and for other secial ro'ects. *he unit
shall !e headed !y a Head E%ecutive Assistant who shall !e assisted
!y five 6<7 staff assistants.
Secti! 7. )ndersecretary. # *he Secretary shall !e assisted !y not
more than four 6;7 0ndersecretaries who shall !e aointed !y the
1resident uon the recommendation of the Secretary. *he Secretary
is here!y authoriAed to delineate and assign the resective functional
areas of resonsi!ility of the 0ndersecretaries.
Secti! 8. %ssistant Secretaries. # *he Secretary shall li3ewise !e
assisted !y not more than four 6;7 Assistant Secretaries who shall !e
aointed !y the 1resident uon the recommendation of the
Secretary. *he Secretary is here!y authoriAed to delineate and assign
the resective areas of functional resonsi!ility of the Assistant
Secretaries. Within his functional area of resonsi!ility, the Assistant
Secretary shall assist the Secretary and 0ndersecretaries in the
formulation, determination and imlementation of laws, olicies,
lans, rograms and ro'ects on la!or and shall oversee the day#to#
day administration and suervision of the constituent units of the
>eartment.
CHAPTER %
DEPARTMENT SERVICES
Secti! 9. Plannin! Service. # *he 1lanning Service shall rovide the
>eartment with efficient, effective and economical services relating
to lanning, rogramming, ro'ect develoment and evaluation, and
the develoment and imlementation of a management information
system.
Secti! 1). %dministrative Service. # *he Administrative Service
shall rovide the >eartment with efficient, effective and economical
services relating to records, management, sulies, e5uiment,
collections, dis!ursements, !uilding administration and maintenance,
security and custodial wor3.
Secti! 11. 1uman #esource Development Service. # *he Human
Resource >eveloment Service shall rovide the >eartment with a
rogram and corresonding ro'ects that shall ma3e availa!le
training, education and develoment oortunities needed to ugrade
the levels of cometence and roductivity of >eartment managers
and ersonnel. ,t shall a!sor! the owers and functions of the
Administrative Service in relation to the develoment and
administration of ersonnel rograms including selection and
lacement, develoment, erformance evaluation, emloyee relations
and welfare.
Secti! 12. (inancial ana!ement Service. # *he +inancial and
Fanagement Service shall !e resonsi!le for roviding the
>eartment with efficient, effective and economical services relating
to !udgetary, financial, management imrovement and internal
control matters.
Secti! 1%. "e!al Service. # *he :egal Service shall rovide legal
advice and service to >eartment officers and emloyees" reare
informative or clarificatory oinions on la!or laws, rules and
regulations for uniform interretation thereof" answer legal 5ueries
from the u!lic" assist the )ffice of the Solicitor &eneral in suits
involving the >eartment or its officers or emloyees or act as their
rincial counsel in all actions ta3en in their official caacity or other
causes !efore 'udicial or administrative !odies.
Secti! 1&. /nternational "abor %ffairs Service. # *he ,nternational
:a!or Affairs Service shall !e resonsi!le for monitoring the
o!servance and imlementation of all o!ligations, courtesies, and
facilities re5uired !y international la!or affairs, articularly the
,nternational :a!or )rganiAation, the Conference of Asian 1acific
:a!or Finistries, the Association of Southeast Asian (ations :a!or
Finistries Feeting, of which the 1hiliines is a mem!er, and related
international la!or standards and agreements reached in various
international la!or forums, treaties, and other multilateral, !ilateral
or multi#!ilateral agreements in the area of la!or and emloyment"
rovide staff suort and olicy guidelines to the Secretary in the
suervision, monitoring and reorting of the activities of the
1hiliine overseas la!or officers assigned in different countries"
serve as the instrumentality of the >eartment for technical
cooeration, rograms and activities with other countries and
international institutions.
Secti! 1'. /nformation and Publication Service. # *he ,nformation
and 1u!lication Service shall !e resonsi!le for raort and
understanding !etween the >eartment and the u!lic through the
develoment of u!lic relations rograms and the dissemination of
accurate and udated information on la!or and emloyment, !y
means of u!lications and media coverages of secial events and
related matters on the >eartmentEs olicies, lans, rograms, and
ro'ects" li3ewise, it shall !e resonsi!le for roviding answers to
5ueries from the u!lic regarding the >eartmentEs olicies, rules,
regulations, rograms, activities and services.
CHAPTER &
"UREAUS
Secti! 1(. +ureau of "abor #elations. # *he ?ureau of :a!or
Relations shall set olicies, standards, and rocedures on the
registration and suervision of legitimate la!or union activities
including denial, cancellation and revocation of la!or union ermits. ,t
shall also set olicies, standards, and rocedure relating to collective
!argaining agreements, and the e%amination of financial records of
accounts of la!or organiAations to determine comliance with
relevant laws.
*he ?ureau shall also rovide roer orientation to wor3ers on their
schemes and ro'ects for the imrovement of the standards of living
of wor3ers and their families.
Secti! 17. +ureau of "ocal Employment. # *he ?ureau of :ocal
Emloyment shall2
617 +ormulate olicies, standards and rocedures on roductive
manower resources, develoment, utiliAation and allocation.
687 Esta!lish and administer a machinery for the effective
allocation of manower resources for ma%imum emloyment
and lacement"
697 >evelo and maintain a resonsive vocational guidance
and testing system in aid of roer human resources
allocation"
6;7 Regulate and suervise rivate sector articiation in the
recruitment and lacement of wor3ers locally under such rules
and regulations as may !e issued !y the Secretary"
6<7 Esta!lish and maintain a registration or wor3 ermit
system to regulate emloyment of aliens"
6=7 >evelo and maintain a la!or mar3et information system in
aid of roer manower and develoment lanning"
677 +ormulate emloyment rograms designed to !enefit
disadvantaged grous and communities" and
6$7 1erform other functions as may !e rovided !y law.
Secti! 18. +ureau of Women and ?oun! Wor.ers. # *he ?ureau of
Women and Doung Wor3ers shall2
617 +ormulate olicies and romulgate orders, rules and
regulations imlementing the rovisions of the :a!or Code
affecting wor3ing women and minors"
687 Set standards which shall rotect the welfare of the
wor3ing women and minors, imrove their wor3ing conditions,
increase their efficiency, secure oortunities for their
rofita!le emloyment and find ways for their economic,
educational, social and cultural advancement"
697 1reare and recommend to the Secretary of :a!or and
Emloyment the aroval and issuance of such rules and
regulations necessary in the interretation of all laws relating
to the emloyment of women and minors"
6;7 0nderta3e studies and su!mit recommendations on the
emloyment of women and minors in commercial, industrial
and agricultural esta!lishments and other laces of la!or"
6<7 Act as the governmentEs clearinghouse of all information
relating to wor3ing women and minors"
6=7 0nderta3e develoment studies on the training needs of
women and minors and develo rograms and ro'ects to
enhance their roductivity and effective articiation in
community develoment"
677 1rotect every child emloyed in the movie, television, radio
and entertainment industries against e%loitation, imroer
influences, haAards and other conditions or circumstances
re'udicial to his hysical, mental, emotional, social and moral
develoment.
6$7 0nderta3e ro'ects and in#service training rograms for
wor3ing children to imrove their otentials for emloyment
and their caa!ilities and hysical fitness, increase their
efficiency, secure oortunities for their romotion, reare
them for more resonsi!le ositions, and rovide for their
social, educational and cultural advancement, in cooeration
with la!or and management" and
697 1erform such other functions as may !e rovided !y law.
Secti! 19. +ureau of #ural Wor.ers. # *he ?ureau of Rural Wor3ers
shall2
617 Assist rural wor3ers, dislaced farmers, and migratory
wor3ers in see3ing gainful emloyment"
687 Conduct studies and draw u rograms for re#training of
dislaced agricultural wor3ers"
697 Coordinate with regional offices and local government units
in rearing a census of rural wor3ers see3ing emloyment"
and
6;7 1erform such other functions as may !e assigned !y the
Secretary.
Secti! 2). +ureau of Wor.in! Conditions. # *he ?ureau of Wor3ing
Conditions shall2
617 >evelo and rescri!e safety standards, measures and
devices" romote safety consciousness and ha!its among
wor3ers" develo and evaluate occuational safety and health
rograms for wor3ers"
687 >evelo lans, rograms, standards and rocedures for the
enforcement of laws relating to la!or standards, including the
oeration of !oilers, ressure vessels, machinery, internal
com!ustion engines, elevators, electrical e5uiment, wiring
installations, and the construction, demolition, alteration and
use of commercial and industrial !uildings and other
wor3laces"
697 1reare rules and regulations, interretative !ulletins and
legal oinions relating to the administration and enforcement
of la!or standards" and rovide manuals and lan rograms for
the training of field ersonnel"
6;7 1rovide technical and legal assistance to the :a!or
Standards Commission" and
6<7 1erform such other functions as may !e rovided !y law.
Secti! 21. /nstitute for "abor Studies. # *he ,nstitute for :a!or
Studies shall !e attached to the >eartment of :a!or and
Emloyment. +or olicy and rogram coordination and administrative
suervision, the ,nstitute shall a!sor! the research and u!lication
functions of the ,nstitute of :a!or and Fanower Studies. *he
,nstitute, to !e headed !y an E%ecutive >irector, assisted !y a
>euty E%ecutive >irector, shall have the following functions2
617 0nderta3e research and studies in all areas of la!or and
manower olicy and administration"
687 Review the rationale of e%isting legislation and regulations
and analyAe the costs involved in the imlementation of such
legislation against the !enefits e%ected to !e derived"
697 Study and develo innovative and indigenous aroaches
towards the romotion of harmonious and roductive la!or#
management and the imrovement of wor3ersE welfare
services"
6;7 >evelo and underta3e research rograms and ro'ects in
colla!oration with other national agencies to enhance the
>eartmentEs caa!ility to articiate in national decision and
olicy ma3ing"
6<7 Enter into agreements with international or !ilateral
agencies for the carrying out of the foregoing functions"
6=7 E%and the scoe of its research interests into other
countries and regions"
677 1u!lish its research studies for dissemination to
government as well as to all concerned arties" and
6$7 1erform such other functions as may !e rovided !y law.
Secti! 22. +ureau of "abor and Employment Statistics. # *he
?ureau of :a!or and Emloyment Statistics shall2
617 +ormulate, develo and imlement lans and rograms on
the la!or statistical system in order to rovide the government
with timely, accurate and relia!le data on la!or and
emloyment"
687 Conduct nationwide surveys and studies which will
generate trends and structures on la!or and emloyment"
697 >evelo and rescri!e uniform statistical standards,
nomenclatures and methodologies for the collection,
rocessing, resentation and analysis of la!or and emloyment
data"
6;7 Esta!lish aroriate mechanisms for the coordination of
all statistical activities in the >eartment and for colla!oration
with other government and rivate agencies including
international research organiAations in the conduct of surveys
and studies in the area of la!or and emloyment"
6<7 >isseminate statistical information and rovide statistical
services or advice to the users !y esta!lishing a data !an3 and
issuing the ?ureauEs statistical materials and research findings"
6=7 >evelo and underta3e rograms and ro'ects geared
toward enhancement of the technical cometence of the
>eartment on theories, techni5ues and methodologies for the
imrovement of the la!or statistical system"
677 Fonitor and e%ercise technical suervision over the
statistical units in the >eartment and its agencies" and
6$7 1erform such other functions as may !e rovided !y law or
assigned !y the Secretary.
Secti! 2%. (ational Conciliation and Fediation ?oard. # *he
(ational Conciliation and Fediation ?oard, shall a!sor! the
conciliation, mediation and voluntary ar!itration functions of the
?ureau of :a!or Relations. *he ?oard shall !e comosed of an
Administrator and two 687 >euty Administrators. ,t shall !e an
attached agency under the administrative suervision of the
Secretary of :a!or and Emloyment.
*he Administrator and the >euty Administrators shall !e aointed
!y the 1resident uon recommendation of the Secretary of :a!or and
Emloyment. *here shall !e as many Conciliators#Fediators as the
needs of the u!lic service re5uire, who shall have at least three 697
years of e%erience in handling la!or relations and who shall !e
aointed !y the Secretary. *he ?oard shall have its main office in
Fetroolitan Fanila and its Administrator shall e%ercise suervision
over Conciliators#Fediators and all its ersonnel. ,t shall esta!lish as
many !ranches as there are administrative regions in the country,
with as many Conciliators#Fediators as shall !e necessary for its
effective oeration. Each !ranch of the ?oard shall !e headed !y an
E%ecutive Conciliator#Fediator.
*he ?oard shall have the following functions2
617 +ormulate olicies, rograms, standards, rocedures,
manuals of oeration and guidelines ertaining to effective
mediation and conciliation of la!or disutes"
687 1erform reventive mediation and conciliation functions"
697 Coordinate and maintain lin3ages with other sectors or
institutions, and other government authorities concerned with
matters relative to the revention and settlement of la!or
disutes"
6;7 +ormulate olicies, lans, rograms, standards,
rocedures, manuals of oeration and guidelines ertaining to
the romotion of cooerative and non#adversarial schemes,
grievance handling, voluntary ar!itration and other voluntary
modes of disute settlement"
6<7 Administer the voluntary ar!itration rogram" maintain or
udate a list of voluntary ar!itrations" comile ar!itration
awards and decisions"
6=7 1rovide counselling and reventive mediation assistance
articularly in the administration of collective agreements"
677 Fonitor and e%ercise technical suervision over the ?oard
rograms !eing imlemented in the regional offices" and
6$7 1erform such other functions as may !e rovided !y law or
assigned !y the Secretary.
*he *riartite @oluntary Ar!itration Advisory Council, which is
attached to the (ational Conciliation and Fediation ?oard, shall
advise the (ational and Conciliation and Fediation ?oard on
matters ertaining to the romotion of voluntary ar!itration as
the referred mode of disute settlement.
*he *riartite @oluntary Ar!itration Advisory Council shall
consist of the Administrator of the (ational Conciliation and
Fediation ?oard as Chairman, one other mem!er from the
government, two 687 mem!ers reresenting la!or, and two 687
other mem!ers reresenting management. *he mem!ers shall
!e aointed !y the 1resident to serve for a term of three 697
years. *he Chairman and Fem!ers shall serve without
comensation.
CHAPTER '
REGIONA$ OFFICES
Secti! 2&. #e!ional ,ffices* District ,ffices and Provincial
E2tension )nits. # *he >eartment is here!y authoriAed to esta!lish,
oerate and maintain such >eartment#wide Regional )ffices, >istrict
)ffices and 1rovincial E%tension 0nits in each of the administrative
regions of the country, insofar as necessary to romote economy and
efficiency in the delivery of its services. ,ts Regional )ffice shall !e
headed !y a Regional >irector who shall have suervision and control
thereof. *he Regional >irector, whenever necessary, shall !e assisted
!y an Assistant Regional >irector. A Regional )ffice shall have, within
its regional areas, the following functions2
617 ,mlement laws, olicies, lans, rograms, ro'ects, rules
and regulations of the >eartment"
687 1rovide economical, efficient and effective service to the
eole"
697 Coordinate with regional offices of other deartments and
agencies"
6;7 Coordinate with local government units" and
6<7 1erform such other functions as may !e rovided !y law or
assigned !y the Secretary.
CHAPTER (
ATTACHED AGENCIES
Secti! 2'. %ttached %!encies. # *he following agencies are
attached to the >eartment for olicy and rogram coordination and
administrative suervision2
617 (ational Wages Council"
687 1hiliine )verseas Emloyment Administration"
697 EmloyeesE Comensation Commission 6ECC7 which shall
include the E%ecutive >irector of the ECC as an e% officio
mem!er of the Commission"
6;7 *he (ational Fanower and Douth Council"
6<7 *he (ational :a!or Relations Commission"
6=7 )verseas Wor3ersE Welfare Administration"
677 Faritime *raining Council" and
6$7 (ational Faritime 1olytechnic.
Tit-e VIII
NATIONA$ DEFENSE
S45tit-e I
PRE$IMINARY PROVISIONS
CHAPTER 1
NATIONA$ DEFENSE PO$ICIES
Secti! 1. Declaration of Policies. #
617 *he rime duty of the &overnment is to serve and rotect
the eole. &overnment may call uon the eole to defend
the State and, in fulfillment thereof, all citiAens may !e
re5uired, under conditions rovided !y law, to render ersonal
military or civil service.
687 Civilian authority is, at all times, sureme over the military.
*he Armed +orces of the 1hiliines is the rotector of the
eole and the State. ,ts goal is to secure the sovereignty of
the State and the integrity of the national territory.
CHAPTER 2
NATIONA$ SECURITY COUNCI$
Secti! 2. Declaration of Policies. #
617 *he formulation of integrated and rationaliAed national,
foreign, military, olitical, economic, social and educational
olicies, rograms, and rocedures vital to the security of the
state.
687 *he national interest re5uires that an agency e%ist to
formulate and adot olicies, rograms, and rocedures on all
matters ertaining to or affecting the national security so that
'udgments and actions thereon !y the 1resident may rest on
sound advice and accurate information.
Secti! %. andate. # *he (ational Security Council shall serve as
the lead agency of the government for coordinating the formulation
of olicies, relating to or with imlications on the national security.
Secti! &. Composition. # *he (ational Security Council, hereinafter
referred to as Council, shall !e comosed of the 1resident as
Chairman, the @ice#1resident, the Secretary of +oreign Affairs, the
E%ecutive Secretary, the Secretary of (ational >efense, the Secretary
of Custice, the Secretary of :a!or and Emloyment, the Secretary of
:ocal &overnments, the (ational Security >irector, the Chief of Staff
of the Armed +orces of the 1hiliines 6A+17, and such other
government officials and rivate individuals as the 1resident may
aoint.
Secti! '. Po-ers and (unctions. # ,n addition to such secific duties
and resonsi!ilities as the 1resident may direct, the Council shall2
617 Advise the 1resident with resect to the integration of
domestic, foreign, military, olitical, economic, social, and
educational olicies relating to the national security so as to
ena!le all concerned deartments and agencies of the
government to meet more effectively, ro!lems and matters
involving the national security"
687 Evaluate and analyAe all information, events, and incidents
in terms of the ris3s they ose or imlications uon or threats
to the overall security and sta!ility of the nation, for the
urose of recommending to the 1resident aroriate action
thereon"
697 +ormulate and coordinate the imlementation of olicies on
matters of common interest to the various deartments, and
agencies of the government concerned with the national
security, and ma3e recommendations to the 1resident in
connection therewith"
6;7 ,nsure that olicies adoted !y the Council on national
security are effectively and efficiently imlemented" and
6<7 Fa3e such recommendations or render such other reorts
as the 1resident may from time to time re5uire.
Secti! (. E2ecutive Committee. # *he Council shall have an
E%ecutive Committee comosed of the 1resident as Chairman, and
the @ice#1resident and Secretary of +oreign Affairs, the E%ecutive
Secretary, the Secretary of (ational >efense, the (ational Security
>irector, the Chief of Staff of the Armed +orces of the 1hiliines and
such other mem!ers or advisers as the 1resident may aoint from
time to time.
*he E%ecutive Committee shall review national security and defense
ro!lems and formulate ositions or solutions for consideration !y
the Council. ,t shall determine the agenda and order of !usiness of
the Council, and shall ensure that decisions of the Council are clearly
communicated to the agencies involved. ,t shall advise the 1resident
on the imlementation of decisions.
*o carry out the functions of the E%ecutive Committee, the Chairman
shall utiliAe the facilities and e%ertise of any of the government
agencies and instrumentalities and shall romulgate rules and
regulations to govern the oerations of the E%ecutive Committee.
Secti! 7. Secretariat. # *he Council shall have a ermanent
Secretariat which shall !e under the suervision and control of the
(ational Security >irector. *he (ational Security >irector shall !e
assisted !y a >euty who li3e the (ational Security >irector, shall !e
aointed !y, and serve at the leasure of, the 1resident. *he
(ational Security >irector shall attend and articiate in meetings of
the Ca!inet and have the rivileges of a mem!er thereof.
Secti! 8. Duties of Director. # Among other duties, the (ational
Security >irector shall advise the 1resident on matters ertaining to
national security and, whenever directed !y the 1resident, see to the
imlementation of decisions and olicies !y the 1resident or the
(ational Security Council which have imlications on national
security.
CHAPTER %
NATIONA$ INTE$$IGENCE COORDINATING AGENCY
Secti! 9. (unctions. # *he (ational ,ntelligence Coordinating
Agency, hereinafter referred to as the Agency, shall2
617 Serve as the focal oint for coordination and integration of
government activities involving national intelligence"
687 1reare intelligence estimates of local and foreign
situations for the formulation of national olicies !y the
1resident" and
697 1rovide suort and assistance to the (ational Security
Council.
Secti! 1). The Director&General. # *he Agency shall !e headed !y a
>irector#&eneral who shall !e assisted !y a >euty >irector#&eneral.
?oth officials shall !e aointed !y the 1resident and shall hold office
at the leasure of the 1resident.
Secti! 11. The Deputy&Director General. # *he >euty >irector#
&eneral shall assist the >irector#&eneral in the erformance of official
functions and, in his a!sence, erform the functions of the >irector#
&eneral.
Secti! 12. ,r!anizational Structure. # *he organiAation of the
Agency shall consist of the following2
617 *he )ffice of the >irector#&eneral which shall underta3e
the overall management and oeration of the various
comonents of the agency, rovide e%ecutive staff suort,
u!lic relations, legal service, and internal audit for the
Agency"
687 *he >irectorate for )erations, headed !y the Assistant
>irector#&eneral for )erations, which shall !e resonsi!le for
the collection of information"
697 *he >irectorate for 1roduction, headed !y the Assistant
>irector#&eneral for 1roduction, which shall !e resonsi!le for
the rearation of intelligence estimates and other reorts, and
the maintenance of automated data rocessing for the Agency"
6;7 *he >irectorate for Administration, headed !y the Assistant
>irector#&eneral for Administration, which shall !e resonsi!le
for ersonnel and training, transortation and communications,
sulies and materials, grounds and !uilding maintenance,
security, and other suort services"
6<7 *he Fanagement and 1lanning )ffice which shall formulate
lans, olicies and rograms on the direction, integration and
coordination of national intelligence activities and on the
oeration and management imrovement of the Agency"
6=7 *he )ffice of the Comtroller which shall, rovide financial
management and control for the Agency" and
677 As many +ield Stations as may !e determined !y the
>irector#&eneral which shall underta3e intelligence collection
activities and rovide reorts necessary for the rearation of
assessments and estimates.
*he organiAation and staffing attern of the Agency shall !e
recommended !y the >irector#&eneral for aroval of the 1resident.
Secti! 1%. %dministrative Supervision +y the National Security
Council. # *he Agency shall !e under the administrative suervision
of, and give suort services to, the (ational Security Council"
however, the agency may reort directly to the 1resident, as the
1resident may re5uire.
Secti! 1&. National /ntelli!ence +oard. #
617 *he (ational ,ntelligence ?oard shall serve as an advisory
!ody to the >irector of the Agency, on matters ertaining to
the integration and coordination of intelligence activities, and
shall ma3e recommendations on such matters as the >irector
may from time to time su!mit to it for consideration.
687 *he mem!ers of the (ational ,ntelligence ?oard shall !e
aointed !y the 1resident. *he (ational Security >irector may
sit in all meetings of the ?oard.
S45tit-e II
DEPARTMENT OF NATIONA$ DEFENSE
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1'. Declaration of Policy. # *he defense esta!lishment shall
!e maintained to ma%imiAe its effectiveness for guarding against
e%ternal and internal threats to national eace and security and
rovide suort for social and economic develoment.
Secti! 1(. General ilitary Council. # *he &eneral Filitary Council
shall advise and assist the Secretary in the formulation of military
olicies and shall consider and reort on such other matters as the
Secretary may direct. *he Council shall !e comosed of the Secretary
as Chairman" and the 0ndersecretary of (ational >efense, the Chief
of Staff, the @ice#chief of Staff, the Assistant Chief of Staff of the
Armed +orces of the 1hiliines, and the Commanders of the Fa'or
Services, as mem!ers. *he >euty Chief of Staff of the Armed +orces
of the 1hiliines shall !e the Secretary of the Council.
Secti! 17. Prohibition on Detail of %(P Personnel. # (o mem!er of
the armed forces in the active service shall, at any time, !e
aointed or designated in any caacity to a civilian osition in the
&overnment including government#owned or controlled cororations
or any of their su!sidiaries.
Secti! 18. ,r!anizational Structure. # *he >eartment shall !e
comosed of the Secretary, the 0ndersecretary and Assistant
Secretaries and their immediate staffs as determined !y them
resectively, and such other !odies as are rovided !y law.
*he &overnment Arsenal, )ffice of Civil >efense, 1hiliine @eterans
Affairs )ffice, Armed +orces of the 1hiliines, (ational >efense
College of the 1hiliines and the ,ntegrated (ational 1olice shall !e
under the suervision and control of the >eartment, e%cet as may
!e rovided !y secial laws.
CHAPTER 2
DEPARTMENT PROPER
Secti! 19. ,ffice of the Secretary. # *he )ffice of the Secretary
shall consist of the Secretary and his immediate staff as determined
!y him.
Secti! 2). ,ffice of the )ndersecretary. # *he functions of the
0ndersecretary shall !e as follows2
617 Advise and assist the Secretary in the formulation and
imlementation of >eartmentEs o!'ectives and olicies"
687 )versee all the oerational activities of the >eartment for
which he shall !e resonsi!le to the Secretary"
697 Coordinate the rograms and ro'ects of the >eartment,
and !e resonsi!le for its economical, efficient, and effective
administration"
6;7 Serve as deuty to the Secretary, in all matters relating to
the oerations of the >eartment" and
6<7 1erform such other functions as may !e rovided !y law.
When the Secretary is una!le to erform his duties owing to illness,
a!sence, or other cause, as in case of vacancy in the )ffice, the
0ndersecretary shall temorarily erform the functions of said )ffice.
Secti! 21. E2ecutive Staff . # *he E%ecutive Staff shall !e
comosed of the Staff for 1lans and 1rograms, Staff for ,nstallation
and :ogistics, Staff for 1u!lic Affairs, Staff for Strategic Assessment,
Staff for Comtrollershi, Staff for 1ersonnel, and the :egal Service.
Secti! 22. The Service Staff . # *he Service Staff shall !e
comosed of the Administrative Services )ffice, and ,nformation
Fanagement )ffice.
Secti! 2%. Personal Staff . # *here shall !e a 1ersonal Staff as may
!e determined !y the Secretary.
CHAPTER %
GOVERNMENT ARSENA$
Secti! 2&. ,r!anization. # *he &overnment Arsenal shall !e headed
!y a >irector who shall !e assisted !y one or more Assistant
>irectors. ,t shall have staff and oerating units rovided !y law.
Secti! 2'. 5ualification. # *he >irector and Assistant >irectors shall
have the e%ertise, training or e%erience in the field of munitions.
Secti! 2(. (unctions. # 617 *he Arsenal shall2
617 Esta!lish, oerate, and maintain government arsenal"
687 +ormulate lans and rograms to achieve self#sufficiency in
arms, mortars and other weaons and munitions"
697 >esign, develo, manufacture, rocure, stoc3ile, and
allocate arms, mortars and other weaons and munitions
without the necessity of o!taining any ermits or licenses, and
devise ways and means for the efficient mo!iliAation of civilian
industry to augment the roduction of the Arsenal in times of
emergency" and
6;7 1erform such other functions as may !e rovided !y law.
CHAPTER &
OFFICE OF CIVI$ DEFENSE
Secti! 27. ,r!anization. # *he )ffice of Civil >efense shall !e
headed !y an Administrator who shall !e assisted !y a >euty
Administrator. *he )ffice shall have staff and oerating units as may
!e rovided !y law.
Secti! 28. (unctions. # *he )ffice shall2
617 ,n times of war and other national emergencies of e5ually
grave character, coordinate the activities and functions of
various government agencies and instrumentalities, as well as
of rivate institutions and civic organiAation devoted to u!lic
welfare to ma%imiAe the utiliAation of the facilities and
resources of the entire nation for the rotection and
reservation of the civilian oulation and roerty"
687 Esta!lish and administer a comrehensive national civil
defense and assistance rogram to include the estimation of
the total material, manower fiscal re5uirements for carrying
out the said rogram and coordinate the allocation to local
government units such aid in facilities, materials and funds as
may !e made availa!le !y the national government"
697 +urnish guidance and coordinate the activities of the
national government, local governments, rivate institutions
and civic organiAation for civil rearedness"
6;7 >evelo and coordinate a rogram for informing, educating
and training the u!lic on civil defense measures and
activities" and
6<7 1erform such other functions as may !e rovided !y law.
Secti! 29. ,peratin! Services. # *he Administrator shall, su!'ect to
the aroval of the Secretary of (ational >efense, rescri!e the
organiAation, functions, duties and resonsi!ilities of civil defense
units on the national and local government levels, in connection with
the various oerating units for civil defense. Civil defense oerating
units shall !e esta!lished for the national and local government
defense organiAations. *he local units shall oerate under the
suervision and control of the resective heads of the local
government civil defense organiAations to which they aertain.
Secti! %). +asic* Technical and %dministrative Services. #
617 *he !asic services of the A+1 shall !e comosed of the
Fa'or Services. Enlisted ersonnel of the standing force and
the reserve force must !elong to one of the !asic services.
687 *he technical services of the A+1 shall !e comosed of the
Fedical Cors, >ental Service, (urse Cors, @eterinary Cors
and the Cudge Advocate &eneral Service.
697 *he administrative services shall consist of the Chalain
Service, Women Au%iliary Cors, Fedical Administrative Cors
and the Cors of 1rofessors.
6;7 Aroriate military occuational secialties may !e
rescri!ed !y the Chief of Staff for each of the !asic, technical
and administrative services.
6<7 Aointment of officers to the !asic, technical and
administrative services, and enlistment in the !asic service
shall !e governed !y rules and regulations rescri!ed !y the
Secretary of (ational >efense.
CHAPTER '
PHI$IPPINE VETERANS AFFAIRS OFFICE
Secti! %1. ,r!anization. # *he 1hiliine @eterans Affairs )ffice
shall !e headed !y an Administrator who may !e assisted !y one
>euty Administrator. ,t shall have staff and oerating units rovided
!y law.
Secti! %2. (unctions. # *he )ffice shall2
617 +ormulate and romulgate, su!'ect to the aroval of the
Secretary of (ational >efense, olicies, rules and regulations
governing the ad'udication and administration of veterans
claims and !enefit"
687 Ad'udicate and administer !enefits, ensions and other
rivileges granted to veterans, their heirs and !eneficiaries"
697 1rovide medical care and treatment to veterans ursuant
to e%isting law"
6;7 Administer, develo, and maintain military shrines"
6<7 +ormulate olicies concerning the affairs, lacement and
training of e%#servicemen, and assist their widows and
deendents, and other retired military ersonnel" and
6=7 1erform such other functions as may !e rovided !y law.
CHAPTER (
ARMED FORCES OF THE PHI$IPPINES
Secti! %%. (unctions. # *he Armed +orces of the 1hiliines 6A+17
shall2
617 0hold the sovereignty, suort the Constitution, and
defend the territory of the Reu!lic of the 1hiliines against
all enemies, foreign and domestic"
687 1romote and advance the national aims, goals, interests
and olicies"
697 1lan, organiAe, maintain, develo and deloy its regular
and citiAen reserve forces for national security" and
6;7 1erform such other functions as may !e rovided !y law or
assigned !y higher authorities.
Secti! %&. Composition. #
617 *he A+1 shall !e comosed of a citiAen armed force which
shall undergo military training and serve, as may !e rovided
!y law. ,t shall !e organiAed and maintained in a manner that
shall render it caa!le of raid e%ansion from a eacetime
organiAation to a wartime or emergency organiAation. *he A+1
shall 3ee a regular force necessary for the security of the
State. *he officers and men of the regular force shall !e
recruited roortionately from all rovinces and cities as far as
ractica!le.
687 *he Standing +orce shall !e comosed of regular officers
and enlisted ersonnel" reservists called to active duty"
draftees" trainees and government#sonsored +iliino cadets
enrolled in local or foreign military schools. ,n time of eace,
the siAe and comosition of the Standing +orce shall !e
rescri!ed !y the Secretary of (ational >efense, uon
recommendation of the Chief of Staff.
697 *he CitiAen Armed +orce shall !e comosed of all
reservists, and officers and enlisted men on inactive status. All
A!le#!odied citiAens shall undergo military training, after which
they shall !ecome reservists with aroriate ran3s. All
reservists in a articular locality shall !e organiAed into reserve
geograhical units su!'ect to call and mo!iliAation as the need
arises, individually or as a unit. *he Secretary of (ational
>efense shall rescri!e and imlement a continuing rogram of
recruitment and training for the CitiAen Armed +orce to ena!le
it to resond to all tyes of threats to national security.
Secti! %'. ,r!anizational Structure. # *he A+1 shall consist of the
&eneral Head5uarters" the Fa'or Services namely2 the 1hiliine
Army, the 1hiliine Air +orce, the 1hiliine (avy and, until
otherwise rovided !y law, the 1hiliine Consta!ulary" and other
e%isting units, services and commands of the A+1. *he Secretary of
(ational >efense may, in accordance with the olicies or directives of
the 1resident, create additional units, services and commands, or
reorganiAe the A+1 in resonse to any situation or in ursuance of
oerational or contingency lans. (o Fa'or Service may !e unfilled,
inactivated or merged with another Service, without the aroval of
the Congress.
Secti! %(. +asic* Technical and %dministrative Service. #
617 *he !asic services of the A+1 shall !e comosed of the
ma'or services. Enlisted ersonnel of the standing force and
the reserve force must !elong to one of !asic services.
687 *he technical services of the A+1 shall !e comosed of
Fedical Cors, >ental Service, (urse Cors, @eterinary Cors
and the Cudge Advocate &eneral Service.
697 *he administrative service shall consist of the Chalain
Service, Women Au%iliary Cors, Fedical Administrative Cors
and the Cors of 1rofessors.
6;7 Aroriate military occuational secialties may !e
rescri!ed !y the Chief of Staff for each of the !asic, technical
and administrative services.
6<7 Aointment of officers to the !asic, technical and
administrative !y rules and regulations rescri!ed !y the
Secretary of (ational >efense.
Secti! %7. The Citizen %rmed (orced. #
617 *he Secretary of (ational >efense shall cause the
organiAation of the CitiAen Armed +orce into &eograhical 0nits
throughout the country. *he CitiAen Armed +orce &eograhical
0nits shall consist of cadre of officers and men in the Standing
+orce and all 5ualified reservists residing in a articular
locality. *he cadre may, however, !e assigned to another unit
in the active force while the &eograhical 0nits to which they
are assigned are on inactive status.
687 Whenever dictated !y military necessity, and uon the
recommendation of the Secretary of (ational >efense and
aroved !y the 1resident, the CitiAen Armed +orce may !e
called or mo!iliAed to comlement the oerations of the
regular force of the A+1 or to suort the regular force
formations or units. +or this urose, Active Au%iliary 0nits
which shall !e art of the CitiAen Armed +orce &eograhical
0nits, may !e utiliAed, to !e constituted out of volunteers to !e
screened in consultations with the local e%ecutives and civic
!usiness leaders. *he status of Active Au%iliary 0nits shall !e
of a degree of activation of military reservists short of full
active duty status. *hey shall not !e vested with law#
enforcement or olice functions.
697 All mem!ers of the CitiAen Armed +orce on training or
service shall !e su!'ect to military law and the Articles of War.
Secti! %8. Tactical and Territorial ,r!anization. # 0nless otherwise
rescri!ed !y law, the ma'or services and other units of the A+1 may
!e organiAed into such commands, forces and organiAations as may
!e rescri!ed !y the Secretary of (ational >efense. +or this urose,
the territory of the 1hiliines may !e divided into such tactical and
geograhical areas and Aones or regions and districts as the
Secretary of (ational >efense may direct.
Secti! %9. ,r!anizational Principles. # *he organiAational structure
of the A+1 shall rovide for2
617 CentraliAed direction and control of &eneral Head5uarters
to insure unity and coordination of efforts throughout the
military esta!lishment"
687 >ecentraliAed e%ecution of oerations to the Fa'or Services
and other searate units to achieve ma%imum oerational
efficiency within the military esta!lishment"
697 Common doctrine, standardiAed rocedures and techni5ues
throughout the military esta!lishment to assure common
understanding among all its forces and elements, facilitating
there!y the attainment of ma%imum oerational efficiency and
effectiveness"
6;7 >eveloment of self#reliance concets for each Fa'or
Service to insure national defense and security and ma%imum
utiliAation of resources" and
6<7 >eveloment of the caa!ility to articiate in the
infrastructure ro'ects of the government.
CHAPTER 7
GENERA$ HEAD1UARTERS
Secti! &). (unctions. # *he &eneral Head5uarters, A+1, shall2
617 Serve as military advisor and staff to the Secretary of
(ational >efense"
687 1reare strategic lans and rovide for the strategic
direction of the A+1, including the direction of oerations of
unified or secified commands"
697 1reare integrated logistic resonsi!ilities in accordance
with those lans"
6;7 1reare integrated lans for military mo!iliAation"
6<7 1rovide ade5uate, timely and relia!le 'oint intelligence for
use within the >eartment"
6=7 Review ma'or ersonnel, material and logistic re5uirements
of the A+1 in relation to strategic and logistic lans"
677 Review lans and rograms of the Fa'or Services and
searate units to determine their ade5uacy, feasi!ility and
suita!ility for the erformance of their resective detailed
lans"
6$7 1articiate in the rearation of com!ined lans or military
action in con'unction with the armed forces of other nations"
697 Recommend to the Secretary of (ational >efense the
esta!lishment and force structure of unified or secified
commands"
61B7 >etermine the head5uarters suort, such as facilities,
ersonnel and communications re5uired !y unified or secified
commands, and assign the resonsi!ility of roviding that
suort to aroriate Fa'or Services"
6117 1reare and su!mit to the Secretary of (ational >efense
for his consideration in the rearation of !udgets and
statements of military re5uirements !ased uon strategic war
lans, tas3s, riority of tas3s, force re5uirements, and general
strategic guidance for the develoment of military force"
6187 Advise and assist the Secretary of (ational >efense on
research and engineering matters !y su!mitting eriodic
reorts on !oard strategic guidance, overall military
re5uirements, and relative military imortance of develoment
activities to meet the needs of the A+1"
6197 1reare and su!mit to the secretary of (ational >efense
recommendations to aroriate agencies concerning general
strategic guidance for the develoment of industrial
mo!iliAation rograms"
61;7 +ormulate olicies and guidelines on the organiAation of
the Fa'or Services and other elements of the military
esta!lishment, the training of military forces, the emloyment
of forces in the rosecution of tas3s re5uired !y law, and the
emloyment of forces to assist government agencies in the
imlementation of laws and regulations when so directed !y
higher authorities" and
61<7 1erform such other functions as may !e rovided !y law
or assigned !y higher authorities.
Secti! &1. Composition. # *he &eneral Head5uarters shall !e the
command and control element of the A+1. ,t shall !e comosed of the
)ffice of the Chief of Staff, )ffice of the @ice#Chief of Staff, the A+1
&eneral Staff, and other staff offices and units necessary for effective
command and control of the A+1.
Secti! &2. The Chief of Staff . #
617 *he Chief of Staff, under the authority and direction of the
1resident and the Secretary of (ational >efense shall !e
resonsi!le for the develoment and e%ecution of the national
defense rograms and armed forces mission" and rescri!e, in
accordance with olicies of the Secretary of (ational >efense,
the organiAation, owers, functions and duties of the various
staff, services, installations and other units of the A+1.
687 *he 1resident shall nominate and with the consent of the
Commission on Aointments, aoint the Chief of Staff from
among the general and flag officers of the !asic services. He
shall hold the grade of general 6+our#Star7 and shall if eligi!le
!e retired in such a grade, uon relief from his assignment.
697 *he tour of duty of the Chief of Staff shall not e%ceed three
697 years. However, in times of war or other national
emergency declared !y the Congress, the 1resident may
e%tend such tour of duty.
Secti! &%. 3ice&Chief of Staff . # *he @ice#Chief of Staff shall !e the
rincial assistant of the Chief of Staff and shall erform the
functions of the Chief of Staff during the latterEs a!sence or disa!ility.
He shall !e aointed in the same manner as the Chief of Staff and
shall hold the grade of :ieutenant &eneral 6*hree#Star7. He shall !e
retired in that grade if eligi!le for retirement after his relief from his
assignment, unless aointed as Chief of Staff.
Secti! &&. The %(P General Staff . # *he A+1 &eneral Staff shall
advise and assist the Chief of Staff in the erformance of his
functions and in the accomlishment of the tas3s of the &eneral
Head5uarters. ,t shall !e headed !y the >euty Chief of Staff, who
shall !e aointed !y the Chief of Staff. *he A+1 &eneral Staff shall
!e a 'oint staff. *he various &eneral Staff )ffices shall each !e
headed !y a >euty Chief of Staff whose aointment and tenure
shall !e determined !y the Chief of Staff. *he organiAation, functions
and duties of the &eneral Staff shall !e rescri!ed !y the Chief of
Staff.
Secti! &'. %uthority to #eor!anize the General 1ead$uarters. #
617 *he Secretary of (ational >efense, uon recommendation
of the Chief of Staff in the interest of efficiency and economy,
may2
6a7 Esta!lish and organiAe staffs, offices and units in the
&eneral Head5uarters in addition to the Armed +orces
&eneral Staff, and rescri!e the titles, functions and
duties of their mem!ers"
6!7 A!olish e%isting staffs, offices and units in the
&eneral Head5uarters not secifically rovided in this
Chater or !y any other rovision of law, or transfer or
consolidate their functions and duties with other staffs,
offices or units" and
6c7 A!olish the osition of any >euty Chief of Staff or
any general staff office and transfer or consolidate its
functions and duties with those of another >euty Chief
of Staff or &eneral Staff )ffice
687 ,f the 1resident does not rescri!e otherwise, the
organiAation, functions, and duties of various staffs, offices and
units in the &eneral Head5uarters shall continue as rovided
under e%isting laws and regulations not in conflict with
rovisions of this Chater.
CHAPTER 8
MA,OR SERVICES
Secti! &(. ,r!anization.& *he Fa'or Services shall !e organiAed !y
the Chief of Staff in accordance with the olicies laid down !y the
Secretary of (ational >efense. *he commanders of the Fa'or
Services shall hold such grade as rovided !y law, and shall !e
aointed !y the 1resident uon the recommendation of the
Secretary of (ational >efense.
Secti! &7. General Provisions. # *he Secretary of (ational >efense,
uon recommendation of the Chief of Staff, A+1, shall assign to the
Fa'or Services secific functions in suort of the overall
resonsi!ilities of the A+1 and the >eartment.
Secti! &8. The Philippine %rmy. # *he 1hiliine Army shall !e
resonsi!le for the conduct of oerations on land, in coordination with
the other Fa'or Services. ,t shall !e organiAed as rescri!ed !y the
Secretary of (ational >efense, uon recommendation of the Chief of
Staff.
Secti! &9. (unctions. # *he 1hiliine Army shall2
617 )rganiAe, train and e5ui forces for the conduct of romt
and sustained oerations on land"
687 1reare such units as may !e necessary for the effective
rosecution of the national defense lans and rograms and
armed forces missions, including the e%ansion of the
eacetime army comonent to meet any emergency"
697 >evelo, in coordination with the other Fa'or Services,
tactics, techni5ues and e5uiment of interest to the army for
field oerations"
6;7 )rganiAe, train and e5ui all army reserve units" and
6<7 1erform such other functions as may !e rovided !y law or
assigned !y higher authorities.
Secti! '). The Philippine %ir (orce. # *he 1hiliine Air +orce shall
!e resonsi!le for the air defense of the 1hiliines. ,t shall !e
organiAed as rescri!ed !y the Secretary of (ational >efense, uon
recommendation of the Chief of Staff.
Secti! '1. (unctions. # *he 1hiliine Air +orce shall2
617 )rganiAe, train, and e5ui forces for romt and sustained
air oerations for the defense of the 1hiliines"
687 )rganiAe, train, and e5ui for airlift, air!orne and tactical
air oerations unilaterally or in coordination with surface
forces"
697 +ormulate and develo doctrines, concets, systems,
olicies, rocedures, strategies, tactics and techni5ues for
oerations eculiar to the Air +orce"
6;7 )rganiAe, train, and e5ui all air force reserve units" and
6<7 1erform such other functions as may !e rovided !y law or
assigned !y higher authorities.
Secti! '2. The Philippine Navy. # *he 1hiliine (avy shall !e
resonsi!le for the naval defense of the 1hiliines. ,t shall !e
organiAed as rescri!ed !y the Secretary of (ational >efense, uon
recommendation of the Chief of Staff.
Secti! '%. (unctions. # *he 1hiliine (avy shall2
617 )rganiAe, train and e5ui forces for romt and sustained
naval oerations"
687 1reare the necessary naval units for the effective
enforcement of all alica!le laws uon the 1hiliine seas and
waters, the rosecution of national defense lans and
rograms and armed forces missions, including the e%ansion
of a eacetime navy comonent to meet any emergency"
697 +ormulate and develo doctrines, concets, systems,
olicies, rocedures, strategies, tactics and techni5ues for
oerations eculiar to the (avy"
6;7 Enforce laws and regulations ertaining to navigation
safety of life at sea, immigration, customs revenues, narcotics,
5uarantine, fishing and neutrality of the territory contiguous
waters of the 1hiliines"
6<7 )rganiAe, train and e5ui all naval reserve units" and
6=7 1erform such other functions as may !e rovided !y law of
assigned !y higher authorities.
Secti! '&. The Philippine Coast Guard. # *he 1hiliine Coast &uard
shall remain as a ma'or su!ordinate unit of the 1hiliine (avy and
assigned functions ertaining to safety of life at sea as vested in it !y
law.
Secti! ''. The Philippine Constabulary. # 0nless otherwise rovided
!y law, the 1hiliine Consta!ulary, as the national olice force, shall
!e rimarily resonsi!le for the reservation of eace and order and
the enforcement of laws throughout the 1hiliines. ,t shall !e
organiAed, trained and e5uied rimarily as a law enforcement
agency. ,t shall !e organiAed as rescri!ed !y the Secretary of
(ational >efense uon recommendation of the Chief of Staff.
Secti! '(. (unctions. #
617 *he 1hiliine Consta!ulary shall2
6a7 1revent and suress lawless violence, re!ellion,
insurrection, riots, !rigandage, !reaches of the eace
and other distur!ances, and see to it that eretrators
of those offenses are !rought to 'ustice"
6!7 )rganiAe, retain, e5ui and reare its forces for
effective law enforcement oerations and olice duties"
6c7 )rganiAe, train and e5ui consta!ulary draftees,
reservists and reserve units"
6d7 >evelo tactics, techni5ues, organiAation, weaons,
e5uiment and sulies essential to the accomlishment
of its missions" and
6e7 1erform such other functions as may !e rovided !y
law or assigned !y higher authorities.
687 ,n times of war or national emergency, the 1hiliine
Consta!ulary or any of its su!ordinate units may !e emloyed
'ointly with, or in suort of the oerations of, the other Fa'or
Services, as the 1resident may direct.
Secti! '7. %uthority of Constabulary ,fficers and Enlisted
Personnel. #
617 Commissioned officers and enlisted ersonnel of the
1hiliine Consta!ulary, as eace officers, shall e%ecute lawful
warrants and orders of arrest issued against any erson for
any violation of law.
687 *he 1hiliine Consta!ulary shall have olice 'urisdiction
throughout the 1hiliines.
697 When the consta!ulary forces in any area are una!le to
coe effectively with violations of law, the Secretary of
(ational >efense in accordance with the olicies or directives
of the 1resident, may assign or detail commissioned officers
and enlisted ersonnel of the Army, Air +orce, or (avy, to the
1hiliine Consta!ulary or any of its su!ordinate units. *he
officers and enlisted ersonnel so assigned or detailed shall
have the authority and duties of eace officers and shall !e
governed !y the rovisions of this section for the duration of
their assignment or detail.
CHAPTER 9
PHI$IPPINE MI$ITARY ACADEMY
Secti! '8. ,r!anization. #
617 *he 1hiliine Filitary Academy is the rimary training and
educational institution of the A+1. ,t shall !e the rimary
sources of regular officers of the Standing +orce.
687 *he Academy shall !e organiAed as rescri!ed !y the
Secretary of (ational >efense, uon recommendation of the
Chief of Staff, A+1.
697 *he student !ody of the Academy shall !e 3nown as the
Cadet Cors of the Armed +orces of the 1hiliines 6CC#A+17
and shall have such strength as the Secretary of (ational
>efense shall determine uon the recommendation of the Chief
of Staff, and within the strength limited !y the annual
Aroriation Act.
6;7 *here shall !e an Academic ?oard organiAed !y the Chief of
Staff, which shall !e comosed of not more than fifteen 61<7
mem!ers selected from the officers of the Academy uon
recommendation of the Suerintendent. *he ?oard shall, in
accordance with the rules and regulations rescri!ed !y the
Chief of Staff, have the ower to confer !accalaureate degrees
uon the cadets who satisfactorily comlete the aroved
course of study.
Secti! '9. (unctions. # *he Academy shall reare the candidates
for commission in the regular force of the A+1 and shall instruct, train
and develo cadets so that each graduate shall ossess the
characters, the !road and !asic military s3ills and the education
essential to the successful ursuit of a rogressive military career.
CHAPTER 1)
NATIONA$ DEFENSE CO$$EGE OF THE PHI$IPPINES
Secti! (). ,r!anization and %dministration. #
617 *he (ational >efense College of the 1hiliines, hereafter
referred to as the College, shall !e under the direction,
suervision and control of the Secretary of (ational >efense.
687 *he College shall !e headed !y a 1resident who shall
administer the affairs of the College with the assistance of an
E%ecutive @ice#1resident, a @ice#1resident for Academic Affairs,
a @ice#1resident for Administrative Affairs and a @ice#1resident
for Research and Secial Studies. *he E%ecutive @ice#1resident
shall act for the 1resident in his a!sence and shall erform
such other functions as may !e assigned to him !y the
1resident.
697 *he @ice#1resident for Academic Affairs shall !e resonsi!le
for the develoment, imlementation, suervision and
evaluation of academic rograms" the @ice#1resident for
Administrative Affairs, for the overall administrative suort to
all the activities of the College" and the @ice#1resident for
Research and Secial Studies, on the conduct of research wor3
and secial studies.
6;7 *he College shall have an Academic ?oard to assist the
1resident discharge the following functions2
6a7 Suervise the academic affairs of the College"
6!7 Recommend academic consultants, rofessors,
lecturers, instructors, research assistants and other
resource ersons of the College" and
6c7 Recommend the courses of studies to !e conducted
!y the College to accomlish its o!'ectives.
*he ?oard shall !e comosed of the @ice#1resident for
Academic Affairs as Chairman, and the Heads of the various
academic discilines as mem!ers, who shall !e designated !y
the 1resident su!'ect to the aroval of the Secretary of
(ational >efense.
6<7 All resource ersons of the College including !ut not limited
to academic consultants, rofessors, lecturers, instructor,
thesis advisers, mem!ers of e%amining and evaluating anels,
e%aminers, correctors, and technicians who are regularly
emloyed in the &overnment shall, in addition to their salaries,
!e entitled to receive honoraria, fees and other emoluments
fi%ed !y the Secretary of (ational >efense.
Secti! (1. Po-ers and (unctions. #
617 *he College shall train and develo the s3ills and
cometence of otential national defense leaders, civilian
officials of the different agencies and instrumentalities of the
&overnment, and selected e%ecutives from the rivate sector
in the formulation and imlementation of national security
olicies, and for high command and staff duty.
687 *he College shall have the ower to confer the degree of
Faster in (ational Security Administration 6F(SA7 uon all its
students who have satisfactorily comleted the rescri!ed
course of study.
Secti! (2. Graduates of the #e!ular Course of the Colle!e. #
617 &raduates of the College will receive for uroses of
romotion to 3ey and sensitive ositions in the military and
civilian offices, referential consideration andHor credit oints
in the grade or class of their resective ositions.
687 All civilian graduates who are holders of the degree of
Faster in (ational Security Administration shall 5ualify for
aointment to the initial ran3 of :ieutenant Colonel in the
reserve force of the Armed +orces of the 1hiliines.
697 Authority to use with honor the a!!reviation F(SA after
their names is here!y given to all graduates of the regular
course of the College.
CHAPTER 11
INTEGRATED NATIONA$ PO$ICE
Secti! (%. Composition. # 0nless otherwise rovided !y law, the
,ntegrated (ational 1olice shall !e comosed of the 1hiliine
Consta!ulary as the nucleus and the ,ntegrated 1olice +orce, +ire
Services and Cail Fanagement Services as comonents, under the
>eartment of (ational >efense.
Secti! (&. ,r!anizational Structures. # *he Chief of Consta!ulary
shall rescri!e, su!'ect to the aroval of the Secretary of (ational
>efense, the ta!le of organiAation and e5uiment, ran3s, and osition
titles, functions, duties and owers of the various staffs, services,
installations and other units of the ,ntegrated (ational 1olice. *he
different head5uarters of the 1hiliine Consta!ulary in the national,
Aone or regional and rovincial levels shall !e the nuclei of the
corresonding head5uarters of the ,ntegrated (ational 1olice. *he
aroriate offices in the different head5uarters levels may !e 'ointly
staffed !y the consta!ulary, olice, 'ail and fire service officers and
ersonnel so that an integrated olice and u!lic safety services
would !e effectively discharged.
Secti! ('. 1ead of the /nte!rated National Police. # *he Chief of
Consta!ulary to !e 3nown as >irector#&eneral shall !e the head of
the ,ntegrated (ational 1olice. He shall have command of all
elements thereof. He may issue from time to time instructions
regarding ersonnel, funds, records, roerty, corresondence and
such other matters to carry out the rovisions of this Chater. As
>irector#&eneral, the Chief of Consta!ulary shall !e assisted !y the
>euty Chiefs of Consta!ulary, the general staff and the secial,
administrative and technical staffs of the 1hiliine Consta!ulary.
Secti! ((. (unctions. # *he ,ntegrated (ational 1olice shall2
617 Enforce law and maintain eace and order"
687 ,nsure u!lic safety"
697 1revent and control fires"
6;7 Administer city and municial 'ails" and
6<7 1erform such other functions rovided !y law or assigned
!y higher authorities.
Secti! (7. Authority of the 1resident )ver the ,ntegrated (ational
1olice. # ,n the e%ercise of its ower to maintain eace, law, order,
and u!lic safety, the ,ntegrated (ational 1olice shall !e su!'ect to
the command and suervision and control of the 1resident and shall
function directly under the Secretary of (ational >efense.
CHAPTER 12
ATTACHED AGENCIES
Secti! (8. %ttached %!encies. # Agencies which are attached to the
>eartment shall oerate in accordance with their resective
organiAational structures and erform the functions and duties
assigned to them !y law, su!'ect to the re5uirements of economy,
efficiency, and effectiveness.
S45tit-e III
THE NATIONA$ PO$ICE COMMISSION
Secti! (9. Declaration of Policy. #
617 *he State shall esta!lish and maintain one olice force
which shall !e national in scoe and civilian in character, to !e
administered and controlled !y a national olice commission
and shall rovide, !y law, the authority of local e%ecutives over
the olice units in their 'urisdiction.
687 *he maintenance of eace and order, the rotection of life,
li!erty, and roerty, and the romotion of the general welfare
are essential for the en'oyment !y all the eole of the
!lessings of democracy.
Secti! 7). The National Police Commission. # 0nless otherwise
rovided !y law, the (ational 1olice Commission shall !e under the
control and suervision of the )ffice of the 1resident and shall
continue to oerate in accordance with its resent organiAational
structure and erform the functions and duties assigned to it !y law.
Secti! 71. Po-ers and (unctions. # As rovided !y law, the
Commission shall e%ercise the following functions2
617 ,nvestigate, decide, and review administrative cases
against mem!ers of the ,ntegrated (ational 1olice"
687 Ad'udicate death and ermanent disa!ility !enefit claims of
mem!ers of the ,ntegrated (ational 1olice"
697 Administer aroriate e%aminations for the olice, fire and
'ail services"
6;7 Attest aointments of mem!ers of the ,ntegrated (ational
1olice"
6<7 ,nsect and audit the erformance of the ,ntegrated
(ational 1olice"
6=7 1reare a (ational Crime 1revention 1rogram and
coordinate its imlementation uon aroval !y the 1resident"
and
677 1erform other duties rovided !y law or assigned !y higher
authorities.
Tit-e IX
HEA$TH
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # *he State shall rotect and
romote the right to health of the eole and instill health
consciousness among them" adot an integrated and comrehensive
aroach to health develoment, with riority for the underrivileged
sic3, elderly, disa!led, women and children" endeavor to ma3e
essential goods, health and other social services availa!le to all the
eole at afforda!le cost" esta!lish and maintain an effective food
and drug regulatory system" and underta3e aroriate health
manower develoment and research, resonsive to the countryEs
health needs and ro!lems.
Secti! 2. andate. # *he >eartment shall !e rimarily resonsi!le
for the formulation, lanning, imlementation, and coordination of
olicies and rograms in the field of health. *he rimary function of
the >eartment is the romotion, rotection, reservation or
restoration of the health of the eole through the rovision and
delivery of health services and through the regulation and
encouragement of roviders of health goods and services.
Secti! %. Po-ers and (unctions. # *he >eartment shall2
617 >efine the national health olicy and formulate and
imlement a national health lan within the framewor3 of the
governmentEs general olicies and lans, and resent roosals
to aroriate authorities on national issues which have health
imlications"
687 1rovide for health rograms, services, facilities and other
re5uirements as may !e needed, su!'ect to availa!ility of
funds and administrative rules and regulations"
697 Coordinate or colla!orate with, and assist local
communities, agencies and interested grous including
international organiAations in activities related to health"
6;7 Administer all laws, rules and regulations in the field of
health, including 5uarantine laws and food and drug safety
laws"
6<7 Collect, analyAe and disseminate statistical and other
relevant information on the countryEs health situation, and
re5uire the reorting of such information from aroriate
sources"
6=7 1roagate health information and educate the oulation
on imortant health, medical and environmental matters which
have health imlications"
677 0nderta3e health and medical research and conduct
training in suort of its riorities, rograms and activities"
6$7 Regulate the oeration of and issue licenses and ermits to
government and rivate hositals, clinics and disensaries,
la!oratories, !lood !an3s, drugstores and such other
esta!lishments which !y the nature of their functions are
re5uired to !e regulated !y the >eartment"
697 ,ssue orders and regulations concerning the
imlementation of esta!lished health olicies" and
61B7 1erform such other functions as may !e rovided !y law.
Secti! &. ,r!anizational Structure. # *he >eartment shall consist
of the >eartment 1roer, (ational Health +acilities, Regional )ffices,
1rovincial Health )ffices, >istrict Health )ffices and :ocal Health
Agencies.
CHAPTER 2
DEPARTMENT PROPER
Secti! '. Department Proper. # *he >eartment 1roer shall !e
comosed of the )ffice of the Secretary, the )ffice for Fanagement
Services, the )ffice for 1u!lic Health Services, the )ffice for Hosital
and +acilities Services, the )ffice for Standards and Regulations, and
the E%ecutive Committee for (ational +ield )erations.
Secti! (. ,ffice of the Secretary. # *he )ffice of the Secretary shall
!e comosed of the Secretary of Health and his immediate staff" the
undersecretary acting as Chief of Staff in the )ffice of the Secretary"
the Assistant Secretary for :egal Affairs" the Assistant Secretary for
+inancial, )erations and +ront :ine Services Audit" and the Staff
Services for the Secretary.
Secti! 7. Duties of the )ndersecretary %ctin! as Chief of Staff . #
*he 0ndersecretary acting as Chief of Staff in the )ffice of the
secretary, shall suervise the Assistant Secretary for :egal Affairs,
the Assistant Secretary for +inancial )erations, and +ront :ine
Services Audit, and the Staff Suort Services to the Secretary" and
head the secretariat of the E%ecutive Committee for (ational +ield
)erations.
Secti! 8. Duties of the %ssistant Secretary for "e!al %ffairs. # *he
Assistant Secretary for :egal Affairs shall head the office that shall
rovide the Secretary with legal advice on all olicy, rogram and
oerational matters of the >eartment" act as Counsel for the
>eartment in cases in which it is a arty" handle administrative
cases against >eartment ersonnel and su!mit recommendations
ertaining thereto" and review legislative roosals.
Secti! 9. Duties of the %ssistant Secretary for (inancial ,peration.
# *he Assistant Secretary for +inancial )erations, and +ront :ine
Services Audit shall head the office that shall monitor the
>eartmentEs financial affairs, internal oerations, and the delivery of
frontline services with a view to assuring the integrity of the
>eartmentEs financial oerations and the re5uirements of the
Commission on Audit" otimiAing the internal oerating efficiency of
the >eartment and its field offices" and ensuring that the
>eartmentEs constituencies are rovided front line services from the
>eartment with the ade5uacy, 5uality, and efficiency that they are
entitled to.
Secti! 1). The Staff Support Services. # *he following Staff Suort
Services shall underta3e such staff services intended to assist the
Secretary in erforming his functions"
617 Community Health Service which shall rovide services
related to formulating and imlementing lans and rograms
for coordinating with local governments and non#government
organiAations in health related activities, rograms and
ro'ects"
687 1u!lic ,nformation and Health Education Service which
shall rovide services related to formulating and imlementing
lans, rograms, and ro'ects for u!lic education on health
and for the timely and accurate u!lic communication of
>eartment olicy on health issues"
697 Health ,ntelligence Service which shall rovide services
related to the formulation of disease intelligence, assessment
of the state of health of the country and develoment and
maintenance of effective and comrehensive health
information system to suort lanning and imlementation of
health rograms"
6;7 ,nternal 1lanning Service which shall rovide the
>eartment with necessary services related to lanning,
rogramming and ro'ect develoment"
6<7 +oreign Assistance Coordination Service which shall rovide
staff services related to the develoment, coordination,
monitoring, reorting and assessment of foreign assisted
ro'ects of the >eartment.
Secti! 11. )ndersecretaries. # *he Secretary shall !e assisted !y
five 6<7 0ndersecretaries who shall e%ercise the following functions"
617 Advise the Secretary in the romulgation of >eartment
orders, administrative orders and other issuances"
687 E%ercise suervision and control over the offices, services,
oerating units and individuals under their authority and
resonsi!ility"
697 Recommend the romulgation of rules and regulations,
consistent with >eartment olicies, that will effectively
imlement the activities of oerating units under their
authority and resonsi!ility"
6;7 Coordinate the functions and activities of the units under
their authority with that of the 0ndersecretaries and regional
health directors"
6<7 E%ercise delegated authority on su!stantive and
administrative matters related to the functions and activities of
agencies under their office to the e%tent granted !y the
Secretary through administrative issuances"
6=7 1erform such other functions as may !e rovided !y law or
aroriately assigned !y the Secretary.
CHAPTER %
DEPARTMENT SERVICES
Secti! 12. ,ffice for ana!ement Services. # *he )ffice for
Fanagement Services, headed !y an 0ndersecretary who shall !e
suorted !y an Assistant Secretary, shall include si% 6=7 staff
services involved in roviding suort services to the >eartment
1roer, field offices and attached agencies, which are as follows2
617 +inancial Services which shall rovide the >eartment with
staff advice and assistance on accounting, !udget and financial
matters" suervise the coordinated rearation and
imlementation of annual and long term financial and wor3
lan and !udget estimates" conduct eriodic deartment#wide
erformance and financial reviews" and design and imlement
imrovements in financial management systems, rocedures
and ractices"
687 Fanagement Advisory Service which shall rovide staff
advice and assistance on internal control and management
system imrovement, including management information
systems" suervise the esta!lishment of a management
accounting system, control rocedures and management
information systems for imroved decision#ma3ing"
697 Health Fanower >eveloment and *raining Service which
shall formulate lans, olicies, standards and techni5ues for
the effective and efficient manower develoment and training
of >eartment ersonnel" rovide consultative, training and
advisory services to imlementing agencies" conduct studies
and research related to health manower develoment and
training" and develo lans and rograms for imroved
recruitment, deloyment, develoment, and maintenance of
ersonnel"
6;7 1rocurement and :ogistics Service which shall underta3e
the central rocurement of the health care roducts and
sulies needed !y the >eartment and its field offices which
are not roduced !y or !eyond the roduction caacity of its
in#house roduction facilities" and ensure the roer, ade5uate
and timely flow of health roducts and services to the
>eartmentEs field offices"
6<7 ?iological 1roduction Services which shall formulate lans,
olicies, rograms, standards and techni5ues for the
rocessing, manufacture, standardiAation, and imrovement of
!iological roducts for >eartment use" manufacture vaccines,
sera, anti#iodins, and other !iologicals" rovide consultative
training and advisory services to imlementing agencies" and
conduct studies and research related to !iological roduction,
distri!ution and use"
6=7 Administrative Service which shall rovide the >eartment
with efficient and effective services relating to ersonnel,
records, collections, dis!ursements, security, custodial wor3,
and other general services not covered !y the receding
Services.
CHAPTER &
OFFICES AND "UREAUS
Secti! 1%. ,ffice for Public 1ealth Services. # *he )ffice for 1u!lic
Health Services, headed !y an 0ndersecretary, shall include ten 61B7
staff services involved in olicy formulation, standards develoment,
rograms develoment, and rogram monitoring of disease control
and service delivery rograms imlemented !y the field offices. *he
0ndersecretary for 1u!lic Health Services, who shall !e suorted !y
an Assistant Secretary, shall suervise the following2
617 Faternal and Child Health Services which shall formulate
lans, olicies, rograms, standards and techni5ues relative to
maternal and child health" rovide consultative training and
advisory services to imlementing agencies" and conduct
studies and research related to health services for mothers and
children"
687 *u!erculosis Control Service which shall formulate lans,
olicies, rograms, standards and techni5ues relative to
control mor!idity and mortality from tu!erculosis" rovide
consultative, training and advisory services to imlementing
agencies" and conduct studies and research related to
tu!erculosis"
697 +amily 1lanning Service which shall formulate lans,
olicies, rograms, standards and techni5ues relative to family
lanning in the conte%t of health and family welfare" rovide
consultative, training and advisory services to imlementing
agencies" and conduct studies and research related to family
lanning"
6;7 Environmental Health Service which shall formulate lans,
olicies, rograms, standards and techni5ues relative to
environmental health and sanitation" rovide consultative,
training and advisory services to imlementing agencies" and
conduct studies and research related to environmental health"
6<7 (utrition Service which shall formulate lans, olicies,
rograms, standards and techni5ues relative to nutrition
services in the conte%t of rimary health care, rovide
consultative, training and advisory services to imlementing
agencies" and conduct studies and research related to
(utrition"
6=7 >ental Health Service which shall formulate lans, olicies,
rograms, standards and techni5ues relative to dental health
services" rovide consultative, training and advisory services
to imlementing agencies" and conduct studies and research
related to dental services.
677 Falaria Control Service which shall formulate lans,
olicies, rograms, standards and techni5ues relative to the
control of malaria" rovide consultative, training and advisory
services to imlementing agencies" and conduct studies and
research to malaria and its control"
6$7 Schistosomiasis Control Service which shall formulate
lans, olicies, rograms, standards and techni5ues relative to
the control of schistosomiasis" rovide consultative, training
and advisory services to imlementing agencies" and conduct
studies and research related to schistosomiasis and its control"
697 Communica!le >isease Control Service which shall
formulate lans, olicies, rograms, standards and techni5ues
relative to the control of communica!le diseases, other than
the ma'or causes or mortality and mor!idity, such as lerosy,
se%ually transmitted diseases, filariasis and others" rovide
consultative, training and advisory services to imlementing
agencies" and conduct studies and research related to these
other communica!le diseases"
61B7 (on#communica!le >isease Control Services which shall
formulate lans, olicies, rograms, standards and techni5ues
relative to the control of non#communica!le diseases" rovide
consultative, training and advisory services to imlementing
agencies" and conduct studies and research related to mental
illness, cardiovascular#diseases, cancer, other non#
communica!le diseases, and occuational health.
Secti! 1&. ,ffice for 1ospital and (acilities Services. # *he )ffice
for Hosital and +acilities Services, headed !y an 0ndersecretary who
shall !e suorted !y an Assistant Secretary, shall include four 6;7
staff services involved in olicy formulation, standards develoment,
rogram monitoring and rovision of secialiAed assistance in the
oerations of hositals and the management of facilities, which are as
follows2
617 Hosital )erations and Fanagement Service which shall
formulate and imlement lans, rograms, olicies, standards
and techni5ues related to management imrovement and
5uality control of hosital oerations" rovide consultative,
training and advisory services to field offices in relation to the
suervision and management of hosital comonents" and
conduct studies and research related to hosital oerations and
management"
687 Radiation Health Service which shall formulate and
imlement lans, olicies, rograms, standards and techni5ues
to ensure radiation health safety" rovide consultative,
monitoring, training and advisory services to rivate and
government facilities with radiation#emitting aaratus" and
conduct studies and research related to radiation health"
697 Hosital Faintenance Service which shall formulate and
imlement lans, rograms, olicies, standards and techni5ues
related to assuring the roer maintenance of >eartment
e5uiment" rovide consultative, training and advisory services
to imlementing agencies in relation to reservation, reair
and maintenance of medical and non#medical e5uiment of the
>eartment" and conduct studies and research related to
e5uiment and facility maintenance"
6;7 Health ,nfrastructure Service which shall formulate and
imlement lans, olicies, rograms, standards and techni5ues
related to develoment and reservation of health
infrastructure" rovide consultative, training and advisory
services to imlementing agencies in relation to infrastructure
ro'ects to assure economical and efficient imlementation"
and conduct studies and research related to infrastructure
develoment and utiliAation.
Secti! 1'. ,ffice for Standards and #e!ulations. # *he )ffice for
Standards and Regulations, headed !y an 0ndersecretary and
suorted !y an Assistant Secretary, shall include three 697 !ureaus
and one 617 national office that shall !e resonsi!le for the
formulation of regulatory olicies and standards over the various
areas of concern in the health sector, whose imlementation shall !e
the general resonsi!ility of the >eartmentEs regional field offices.
*he same !ureaus shall also !e resonsi!le for those areas of activity
covered !y regulatory olicy to rovide the Secretary with current
information on the status of these regulated areas of activity and to
rovide the Secretary with a !asis for reliminary evaluation of the
efficiency of the >eartmentEs field offices in erforming their
regulatory functions. *he same !ureaus shall conduct studies and
research ertinent to their areas of resonsi!ility . ,n certain
instances the !ureaus may also erform consultative, training and
advisory services to the ractitioners and institutions in the area of
regulated activity. *he same !ureaus and national office are the
following2
617 ?ureau of Research and :a!oratories which shall develo
and formulate lans, standards and olicies for the
esta!lishment and accreditation and licensing of la!oratories"
!lood !an3s and entities handling !iological roducts, rovide
consultative, training and advisory services to u!lic and
rivate la!oratories" and conduct studies and research related
to la!oratory rocedures and oerations"
687 ?ureau of +ood and >rugs which shall act as the olicy
formulation and sector monitoring arm of the Secretary on
matters ertaining to foods, drugs, traditional medicines,
cosmetics and household roducts containing haAardous
su!stances, and the formulation of rules, regulations and
standards in accordance with Reu!lic Act 978B 619=97, as
amended !y E%ecutive )rder (o. 17<, s. 19$7, and other
ertinent laws for their roer enforcement" rescri!e general
standards and guidelines with resect to the veracity of
nutritional and medicinal claims in the advertisement of food,
drugs and cosmetics in the various media, to monitor such
advertisements" advise the >eartmentEs field offices to call
uon any erring manufacturer, distri!utor, or advertiser to
desist from such inaccurate or misleading nutritional or
medicinal claims in their advertising" should such
manufacturer, distri!utor, or advertiser refuse or fail to o!ey
the desistance order issued !y the ?ureau, he shall !e su!'ect
to the alica!le enalties as may !e rescri!ed !y law and
regulations" the ?ureau shall rovide consultative, training and
advisory services to all agencies and organiAations involved in
food and drug manufacturing and distri!ution with resect to
assuring safety and efficacy of food and drugs" conduct studies
and research related to food and drug safety" maintain a cors
of secially trained food and drugs insectors for assignment to
the various field offices of the >eartment" while these
insectors shall !e under the technical suervision and
guidance of the ?ureau, they shall !e under the administrative
suervision of the head of the field office to which they shall !e
assigned, the latter !eing resonsi!le for regulatory rogram
imlementation within the geograhic area of his 'urisdiction"
697 ?ureau of :icensing and Regulation which shall formulate
olicies and esta!lish the standards for the licensing and
regulation of hositals, clinics and other health facilities"
esta!lish standards that shall !e the !asis of insections and
licensure rocedures of the >eartmentEs field offices" and
rovide consultative, training and advisory services to field
offices on the conduct of licensing and regulatory functions
over hositals, clinics and other health facilities.
6;7 (ational /uarantine )ffice which shall formulate and
imlement 5uarantine laws and regulations and, through its
field offices, e%ercise suervision over rat#roof Aones in
designated international orts and airorts and over medical
e%amination of aliens for immigration uroses.
CHAPTER '
FIE$D OFFICES
Secti! 1(. ,ffice for National (ield ,perations. # *he )ffice for
(ational +ield )erations, through an E%ecutive Committee, shall
suervise the oerations of the various Regional +ield )ffices and the
(ational Health +acilities, as enumerated in Section 17697 and further
descri!ed in Sections 1$, 19 and 8B hereof.
Secti! 17. Department (ield ,ffices. # *he >eartment field offices,
under the suervision and control of the E%ecutive Committee for
(ational +ield )erations, shall !e comosed of the following2
617 Regional Health )ffices 6other than the (ational Caital
Region7 and su!ordinate units that include regional medical
centers, regional hositals, rovincial health offices including
comonent hositals and district health offices, city health
offices"
687 Regional Health )ffice for the (ational Caital Region2
Funicial Health )ffices of Fa3ati, Fandaluyong, 1asig,
Fari3ina, :as 1iJas, Funtinlua, San Cuan, @alenAuela,
(avotas, Fala!on, 1araJa5ue, *aguig, 1ateros"
697 (ational Health +acilities which are health facilities
classified as (ational Health Resources !ecause their services
and activities accrue to the whole countryEs health care and
infrastructure. *hese facilities are of two classifications2
(ational Fedical Centers and the Secial Research Centers and
Hositals, which are attached to the >eartment2
6a7 (ational Fedical Centers2 San :aAaro Hosital,
*ondo Fedical Center, Cose +a!ella Femorial Hosital,
/uirino Femorial Hosital, RiAal Fedical Center, (ational
ChildrenEs Hosital, Cose Reyes Femorial Fedical Center
and the East Avenue Fedical Center.
6!7 Secial Research Centers and Hositals" 1hiliine
Heart Center, :ung Center of the 1hiliines, (ational
)rthoedic Hosital, (ational Center for Fental Health,
Research ,nstitute for *roical Fedicine, (ational Gidney
,nstitute, and the 1hiliine ChildrenEs Fedical Center.
Secti! 18. #e!ional 1ealth ,ffices. # *he >eartment is authoriAed
to esta!lish, oerate, and maintain a >eartment#wide Regional
)ffice, in each of the administrative regions of the country, under the
suervision of an E%ecutive Committee chaired !y the Secretary.
Each Regional )ffice shall !e headed !y a Regional >irector to !e
aointed !y the 1resident, and suorted !y an Assistant Regional
>irector. *he aointment of the Regional >irector and Assistant
Regional >irector shall !e to the >eartment#at#large and assignment
shall !e !y administrative issuances of the Secretary. *he Regional
Health )ffice shall !e resonsi!le for the field oerations of the
>eartment in its administrative region and for roviding the region
with efficient and effective health and medical services. ,t shall
suervise all >eartment agencies in its administrative region
including whatever medical centers, regional hositals, sanitaria,
rovincial health officers and city health offices are located in the
region e%cet those laced under the >eartment 1roer.
,n addition to the foregoing, a Regional )ffice shall have within its
administrative region, the following functions2
617 ,mlement laws and rules, regulations, olicies, lans,
rograms and ro'ects of the >eartment in the region"
687 1rovide efficient and effective health and medical services
to the eole"
697 Coordinate with regional offices of other deartments,
offices, and agencies in the region"
6;7 Coordinate with local government units" and
6<7 1erform such other functions as may !e rovided !y law.
Secti! 19. Provincial 1ealth ,ffice. # *he 1rovincial Health )ffice
shall !e the >eartment agency in the rovince. ,t shall e%ercise
suervision and control over district health offices and other field
units of the deartment in the rovince, e%cet those otherwise
laced under the >eartment 1roer or directly under the Regional
Health )ffice.
*he 1rovincial Health )ffice shall !e headed !y a 1rovincial Health
)fficer. >eending on the siAe, oulation, and health facilities of the
rovince as well as !udgetary rovisions, a rovince may have one
Assistant 1rovincial Health )fficer assisting the 1rovincial Health
)fficers, or two Assistant 1rovincial Health )fficers, one assisting the
1rovincial Health )fficer in u!lic health activities and the other
assisting in hosital oerations. *he 1rovincial Health )fficers and
Assistant 1rovincial Health )fficers shall !e aointed !y the
Secretary to a region, and their assignment to a rovince shall !e
made !y the Secretary on recommendation of the Regional Health
>irector.
Secti! 2). District 1ealth ,ffice. # *he >istrict Health )ffice shall
e%ercise suervision and control over district hositals, municial
hositals, rural health units, !arangay health stations and all other
>eartment units in the health district, e%cet those otherwise laced
directly under the 1rovincial Health )ffice, or Regional Health )ffice,
or the >eartment 1roer.
*he >istrict Health )ffice shall !e headed !y a >istrict Health )fficer
who shall also serve as the Chief of the district hosital as well as the
head of all field units in the district. >istrict Health )fficers shall !e
aointed !y the Secretary to a region, and their assignments shall
!e made !y the Secretary on the recommendation of the Regional
Health >irector.
Secti! 21. "ocal 1ealth %!encies. # *he >eartment shall review
and monitor the esta!lishment, oeration and maintenance of health
agencies funded !y local governments. 1roosals for integrating
locally funded health agencies under the suervision and control of
the >eartment without regard to the sourcing of funds shall !e
made !y the >eartment for the aroriate local governmentEs
aroval. Any such agreement shall !e allowed and, whenever
ossi!le, funding from national sources may !e e%tended to achieve a
nationally integrated government health service under the
>eartment.
Secti! 22. City 1ealth ,fficers. # *he City Health )fficers and
Assistant City Health )fficers shall !e aointed !y the Secretary.
*heir comensation shall !e aid out of national funds.
Secti! 2%. Dele!ation of Po-er by Secretary. # *he Secretary shall
have the authority to delegate such su!stantive and administrative
owers and authority as may !e necessary to the heads of the
Regional Health )ffices, in addition to such administrative authority
as have !een mandated for delegation for all >eartments !y the
1resident. *he Secretary shall also delegate such owers and
authority to the heads of the 1rovincial Health )ffices and those of
other su!ordinate units of the Regional Health )ffices as in his sound
'udgment would ma3e for a more efficient and effective
administration of health and medical services.
CHAPTER (
ATTACHED AGENCIES
Secti! 2&. %ttached Entities. # *he 1hiliine Fedical Care
Commission and the >angerous >rugs ?oard shall !e attached to the
>eartment and shall continue to oerate and function in accordance
with the law creating them, e%cet as otherwise rovided in this
Code.
Secti! 2'. The Philippine edical Care Commission. # *he 1hiliine
Fedical Care Commission shall !e comosed of the Secretary of
Health as Chairman, an 0ndersecretary of Health designated !y the
Secretary as @ice#Chairman, and the following mem!ers2 the
Administrator of the Social Security System, the 1resident and
&eneral Fanager of the &overnment Service ,nsurance System, the
Secretary of +inance, the Secretary of :ocal &overnment, the
Secretary of :a!or and Emloyment, and four 6;7 other mem!ers
reresenting the !eneficiaries, the rivate emloyers, the hysicians
and the hositals. *he four other mem!ers shall !e aointed !y the
1resident of the 1hiliines for a term of si% 6=7 years.
*he e% officio mem!ers may designate their reresentatives who
shall e%ercise the lenary owers of their rincials as well as en'oy
the !enefits availa!le to the latter.
Secti! 2(. The Dan!erous Dru!s +oard. # *he >angerous >rugs
?oard shall !e comosed of the Secretary of Health, who shall !e e%
officio chairman, an 0ndersecretary of Health designated !y the
Secretary, who shall !e e% officio @ice#Chairman, an E%ecutive
>irector and the following mem!ers2 the Secretary of Custice or his
reresentative" the Secretary of (ational >efense or his
reresentative" the Secretary of Education or his reresentative" the
Secretary of +inance or his reresentative" and the Secretary of the
>eartment of Social Welfare and >eveloment or his reresentative.
*he >irector of the (ational ?ureau of ,nvestigation shall !e the
ermanent consultant of the ?oard.
Tit-e X
TRADE AND INDUSTRY
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # *he State shall develo a self#
reliant and indeendent national economy effectively controlled !y
+iliinos. ,t recogniAes the indisensa!le role of the rivate sector,
encourages rivate enterrise, and rovides incentives to needed
investments.
*he State shall romote industrialiAation and full emloyment !ased
on sound agricultural develoment and agrarian reform, through
industries that ma3e full and efficient use of human and natural
resources, and which are cometitive in !oth domestic and foreign
mar3ets. ,t shall rotect +iliino enterrises against unfair foreign
cometition and trade ractices.
,n ursuit of these goals, all sectors of the economy and all regions of
the country shall !e given otimum oortunity to develo. 1rivate
enterrises, including cororations, cooeratives, and similar
collective organiAations shall !e encouraged to !roaden the !ase of
their ownershi.
*he State shall ursue a trade olicy that serves the general welfare
and utiliAes all forms and arrangements of e%change on the !asis of
e5uality and recirocity.
*he State shall regulate or rohi!it monoolies when the u!lic
interest so re5uires. (o com!inations in restraint of trade or unfair
cometition shall !e allowed. *he state shall rotect consumers from
trade malractices and from su!standard or haAardous roducts.
Secti! 2. andate. # *he >eartment of *rade and ,ndustry shall
!e the rimary coordinative, romotive, facilitative and regulatory
arm of the E%ecutive ?ranch of government in the area of trade,
industry and investments. ,t shall romote and develo an
industrialiAation rogram effectively controlled !y +iliinos and shall
act as catalyst for intensified rivate sector activity in order to
accelerate and sustain economic growth through2 6a7 comrehensive
industrial growth strategy, 6!7 a rogressive and socially resonsi!le
li!eration rogram, 6c7 olicies designed for the e%ansion and
diversification of trade, and 6d7 olicies to rotect +iliino enterrises
against unfair foreign cometition and trade ractices.
Secti! %. Po-ers and (unctions. # *he >eartment of *rade and
,ndustry, shall2
617 +ormulate and imlement olicies, lans and rograms
relative to the develoment, e%ansion, romotion and
regulation of trade, industry, and investments"
687 Consolidate and coordinate all functions and efforts
ertaining to the romotion of e%orts, diversification and
decentraliAation of industries, and develoment of foreign
trade"
697 Encourage and romote the growth and e%ansion of
industries which ma3e full use of human and natural resources
and which are cometitive in domestic and foreign mar3ets"
6;7 Adot and imlement measures to rotect +iliino
enterrises against unfair foreign cometition and trade
ractices.
6<7 1rovide incentives to !roaden the !ase of ownershi of
large#scale industrial enterrises and accelerate the
formulation and growth of small and medium#scale
enterrises"
6=7 Regulate the imortation of essential consumer and
roducer items to maintain their fair and cometitive rices to
end#users"
677 1rotect consumers from trade malractices and from
su!standard or haAardous roducts"
6$7 Adot and imlement measures to rohi!it com!inations in
restraint of trade and unfair cometition"
697 >evelo the caa!ilities of industry to increase the
domestic content of its roducts and ugrade the 5uality of
roducts according to cometitive international standards"
61B7 Encourage and suort the formation of 1eoleEs
Economic Councils at regional, rovincial and municial levels
as well as other trade, industry and consumer rotection
institutions or associations"
6117 0grade and develo the manufacture of local caital
goods and recision machinery comonents"
6187 +ormulate the aroriate mechanics to guide and
manage the transfer of aroriate industrial technology in the
country"
6197 +ormulate country and roduct e%ort strategies which
will guide the e%ort romotion and develoment thrusts of the
government" and imlement rograms and activities geared
towards the overseas romotion of 1hiliine e%orts in
overseas mar3ets"
61;7 *a3e the rimary role in negotiating and reviewing
e%isting international trade agreements, articularly those
affecting commodity 5uotas limiting e%isting e%orts of
1hiliine roducts to determine rograms for renegotiations of
more favora!le terms"
61<7 Administratively ad'udicate and imose reasona!le fines
and enalties for violation of e%isting trade and industry laws"
61=7 1reare, for consideration of the Fonetary ?oard,
roosed rograms in the commercial !an3ing sector for
directing commercial lending facilities towards riority areas of
commercial and industrial develoment, as well as coordinate
government direct funding and financial guarantee rograms to
achieve trade and industry growth"
6177 ,ssue su!oena and su!oena duces tecum to comel the
attendance of witnesses and the roduction of the necessary
information, aers and documents which it may deem
necessary in the e%ercise of its owers and functions"
61$7 1rescri!e and enforce comliance with such rules and
regulations as may !e necessary to imlement the intent and
rovisions of this Code, which rules and regulations shall ta3e
effect fifteen 61<7 days following their u!lication in the )fficial
&aAette" and
6197 1erform such other functions as may !e necessary or
incidental in carrying into effect the rovisions of this Code and
as may !e rovided !y law.
Secti! &. ,r!anizational Structure. # *he deartment shall consist
of the offices of the secretary, undersecretaries and assistant
secretaries, national service centers, regional offices, and line
cororate agencies and government entities.
CHAPTER 2
DEPARTMENT PROPER
Secti! '. ,ffice of the Secretary. # *he )ffice of the Secretary shall
consist of the Secretary, his immediate staff, the 0ndersecretary for
1olicy 1lanning and Suort Services, and the )ffices and Services
directly suortive of the )ffice of the Secretary. *he functions of the
foregoing shall !e as follows2
617 *he 0ndersecretary for 1olicy 1lanning and Suort
Services shall suervise the )ffice of 1olicy Research, the
)ffice of )erational 1lanning, the )ffice of :egal Affairs, the
Human Resource >eveloment Service, the &eneral
Administrative Service, the Fanagement ,nformation Service,
the +inancial Fanagement Service and the 1u!lic Relations
)ffice"
687 *he )ffice of 1olicy Research shall coordinate and hel
formulate general trade and industry olicies for the
>eartment" evaluate the effectiveness of trade and industry
rograms as such, as their imlementation !y the
>eartmentEs :ine )erating 0nits" and research on trade and
industry issues for olicy analysis and formulation"
697 *he )ffice of )erational 1lanning shall develo oerating
lans, rograms and ro'ects of the >eartment as such"
suervise the Annual *rade and ,ndustry >eveloment
1lanning Conferences !etween government and the rivate
sector" evaluate the cost#effectiveness of various ro'ects and
activities of the >eartment" coordinate the udating of the
>eartmentEs oerating lans in resonse to relevant
environment changes" review the >eartmentEs erformance
against standards and targets reviously esta!lished" and
rovide staff services related to the develoment, monitoring,
reorting and assessment of foreign assisted ro'ects of the
>eartment"
6;7 *he )ffice of :egal Affairs shall rovide the Secretary with
legal advise on all olicies, rograms, and oerational matters
of the >eartment, serve as Counsel for the >eartment in
cases in which it is a arty" handle administrative cases
against >eartment ersonnel and su!mit recommendations
ertaining thereto" and review legislative roosals"
6<7 *he Human Resource >eveloment Service shall design
and imlement human resource develoment lans and
rograms for the ersonnel of the >eartment" rovide for
resent and future manower needs of the organiAation" and
maintain high morale and favora!le emloyee attitudes
towards the organiAation through the continuing design and
imlementation of emloyee develoment rograms"
6=7 *he +inancial Fanagement Service shall formulate and
manage a financial rogram to ensure availa!ility and roer
utiliAation of funds" and rovide for an effective monitoring
system of the financial oerations of the >eartment"
677 *he &eneral Administrative Service shall rovide services
relative to rocurement and allocation of sulies and
e5uiment, transortation, messengerial wor3, cashiering,
ayment of salaries and other >eartment o!ligations, office
maintenance, roerty safety and security, and other utility
services" and comly with government regulatory
re5uirements in the areas of erformance araisal,
comensation and !enefits, emloyment records and reorts"
6$7 *he Fanagement ,nformation Service shall design and
imlement a comrehensive management information system,
!oth comuteriAed and manual, for the >eartment" rovide
technical assistance to the various information generating units
within the >eartment" and esta!lish data e%change lin3ages
with u!lic and rivate agencies whenever feasi!le"
697 *he 1u!lic Relations )ffice shall erform *he >eartmentEs
u!lic relations function2 rovide a two#way flow of information
!etween the >eartment and its constituencies" and coordinate
the SecretaryEs regular ress conferences and the
>eartmentEs relations with the mass media"
61B7 *he *rade and ,nvestment ,nformation Center shall, as
the rimary information arm of the >eartment, design and
oerate a comuteriAed system of collection, documentation,
storage, retrieval, and timely dissemination of comrehensive
and relevant information on trade, industry, and investment
for use !y other government agencies and the !usiness sector"
coordinate and monitor the information camaigns on the
>eartmentEs services, rograms, and ro'ects" develo a
communications rograms to romote 1hiliine investment
oortunities and the countryEs e%ort roducts which shall !e
directed at foreign audiences" and rovide creative services to
other units of the >eartment in suort of their own
information rograms"
6117 *he (ational ,ndustrial Fanower *raining Council shall
act as the um!rella agency to coordinate and oerate the
Cottage ,ndustry *echnology Center, the Construction
Fanower >eveloment +oundation, and the Construction
Fanower >eveloment Center and erform other functions
such as initiating secialiAed industrial training centers and
identifying suly#demand factors and industrial s3ills su!'ect
to the direction formulated !y the (ational Fanower and
Douth Council" and
6187 *here is here!y created in the )ffice of the Secretary the
)ffice of Secial Concerns to attend to matters that re5uire
secial attention, whether involving a matter that crosses
several functional areas, demands urgent action, or otherwise
necessitates, in the SecretaryEs oinion, attention !y a secial
grou.
Secti! (. )ndersecretaries. # *he Secretary shall !e assisted !y five
6<7 0ndersecretaries. *hey shall e%ercise suervision over the offices,
services, oerating units and individuals under their authority and
resonsi!ility.
*he Secretary may designate any 0ndersecretary to suervise the
!ureaus, offices, and agencies, including the attached entities,
consistent with the mandate of the deartment.
Secti! 7. %ssistant Secretaries. # *he Secretary shall also !e
assisted !y five 6<7 Assistant Secretaries who shall !e aointed !y
the 1resident uon the recommendation of the Secretary. *he
Secretary is here!y authoriAed to delineate and assign the resective
areas of functional resonsi!ility of the Assistant Secretaries. Within
his functional area of resonsi!ility, an Assistant Secretary shall
assist the Secretary and the 0ndersecretaries in the formulation,
determination and imlementation of laws, olicies, lans, rograms
and ro'ects on trade and industry and shall oversee the day#to#day
administration of the constituent units of the >eartment.
Secti! 8. Staff +ureaus and Services. # *he ?ureaus and Service
0nits shall !e resonsi!le for research, formulation of olicy,
develoment of standards, framing of rules and regulations, rogram
formulation and rogram monitoring, related to the concerns covered
!y the >eartmentEs mandate, owers and functions. ,mlementation
of such olicies, standards, rules and regulations, and rograms shall
!e the resonsi!ility of the >eartmentEs :ine )erating 0nits.
Secti! 9. Department "ine ,peratin! )nits. # *he >eartment :ine
)erating 0nits shall !e comosed of the following2
617 Regional )ffices. *hese are offices which shall !e located in
the (ational Caital Region and each of the twelve 6187 other
administrative regions of the country. *hey shall !e oerated
and maintained on a >eartment#wide !asis, acting as
imlementing arms in the regions under their 'urisdiction, of
the >eartmentEs olicies, rograms, rules and regulations as
well as those laws which the >eartment is mandated to
enforce.
687 :ine Cororate Agencies and &overnment Entities. *hese
are the government entities and the government#owned or
controlled cororations under the administrative suervision of
the >eartment which are deemed to !e integral arts of the
>eartment structure notwithstanding their organiAational
form, and which erform a focal and imlemental role in the
>eartmentEs rograms for the develoment of trade, industry
and investments.
CHAPTER %
OFFICE OF THE UNDERSECRETARY FOR DOMESTIC TRADE
Secti! 1). ,ffice of the )ndersecretary for Domestic Trade. # *he
)ffice of the 0ndersecretary for >omestic *rade shall include all the
staff !ureaus and services involved in olicy formulation, standards
develoment, regulatory, and service delivery rograms ertinent to
domestic trade and commerce !eing imlemented !y the
>eartmentEs line oerating units. *he 0ndersecretary for >omestic
*rade shall suervise the following2
617 ?ureau of *rade Regulations and Consumer 1rotection. *his
?ureau shall formulate and monitor the imlementation of
rograms for the effective enforcement of laws, correct
interretation and adotion of olicies on monoolies and
restraint of trade, misla!elling, roduct misreresentation and
other unfair trade ractices" monitor the registration of
!usiness names and the licensing and accreditation of
esta!lishments and ractitioners" rotect and safeguard the
interest of consumers and the u!lic, articularly the health
and safety imlications of intrinsic roducts features, roduct
reresentation, and the li3e" and esta!lish the !asis for
evaluating consumer comlaints and roduct utility failures.
687 ?ureau of >omestic *rade 1romotion. *his ?ureau shall
reare and monitor the imlementation of lans and
rograms directed at the romotion and develoment of
domestic trade, articularly in the area of efficiency, fairness
and !alance in the distri!ution of essential roducts and
services and in the strengthening of the domestic !ase for
e%ort activities" concetualiAe, monitor, and evaluate
rograms, lans and ro'ects intended to create awareness of
domestic mar3eting oortunities for new ro'ects, new
technologies and investments.
697 ?ureau of 1atents, *rademar3s, and *echnology *ransfer.
*his ?ureau shall e%amine alications for grant of letters,
atent for inventions, utility models and industrial designs, and
the su!se5uent grant or refusal of the same" register
trademar3s, tradenames, service mar3s and other mar3s of
ownershi" hear and ad'udicate contested roceedings
affecting rights to atents and trademar3s" receive, rocess for
registration and evaluate technology transfer arrangements as
to their aroriateness and need for the technology or
industrial roerty rights, reasona!leness of the technology
ayment, and for the rohi!ition of restrictive !usiness
clauses, and comly with all its statutory u!lication
re5uirements !y u!lishing the same in a newsaer of
general circulation or in the )fficial &aAette.
6;7 ?ureau of 1roduct Standards. *his ?ureau shall review the
roducts contained in the critical imorts list in accordance
with esta!lished national standards or relevant international
standards and !uyer#seller secifications" romulgate rules
and regulations necessary for the countryEs shift to the
international system of units" study and carry out research on
the various reference materials to !e used as !asis for the
start of whatever analysis or evaluation is demanded !y the
roducts under e%amination or investigation" esta!lish
standards for all roducts of the 1hiliines for which no
standards have as yet !een fi%ed !y law, e%ecutive order, rules
and regulations and which roducts are not covered !y the
standardiAation activities of other government agencies"
articiate actively in international activities on
standardiAation, 5uality control and metrology" ensure the
manufacture, roduction, and distri!ution of 5uality roducts
for the rotection of consumers" test and analyAe standardiAed
and unstandardiAed roducts for uroses of roduct standard
formulation and certification" e%tend technical assistance to
roducers to imrove the 5uality of their roducts" chec3
length, mass and volume measuring instruments" and maintain
consultative liaison with the ,nternational )rganiAation for
StandardiAation, 1acific Area Standards Congress, and other
international standards organiAations.
6<7 @ideo Regulatory ?oard. *his ?oard shall regulate
videogram esta!lishments" revent unfair ractices, unfair
cometition, irating of legitimately roduced video roducts,
and other decetive, unfair and unconsciona!le acts and
ractices to rotect the viewing u!lic and the general u!lic.
CHAPTER &
OFFICE OF THE UNDERSECRETARY FOR INTERNATIONA$
TRADE
Secti! 11. ,ffice of the )ndersecretary for /nternational Trade. #
*he )ffice of the 0ndersecretary for ,nternational *rade shall include
all the units involved in olicy formulation, standards develoment,
rogram monitoring of the develoment, regulatory, and service
delivery rograms of the >eartment ertinent to international trade
and commerce !eing imlemented !y the >eartmentEs line oerating
units. *he 0ndersecretary for ,nternational *rade shall suervise the
following2
617 ?ureau of ,nternational *rade Relations. *his ?ureau shall
!e the rimary agent resonsi!le for all matters ertaining to
foreign trade relations, whether !ilateral, regional or
multilateral, esecially mar3et access and mar3et access
related matters" formulate ositions and strategies for trade
negotiations, consultations and conferences as well as
suervise trade negotiations, consultations and conferences"
coordinate with other >eartments and agencies of the
1hiliine government with the view of assuring consistency in
the governmentEs ositions in trade negotiations and on other
activities ertaining to foreign trade relations" consult with
industry grous and rovide technical advice and information
on the a!ove matters and activities" identify tariff and non#
tariff !arriers affecting roducts of e%ort interest to the
1hiliines, and negotiate measures for li!eraliAing them at
!ilateral, regional and multilateral form" and evaluate and
su!mit recommendations on e%isting and roosed commercial
olicies of the 1hiliines.
687 ?ureau of E%ort *rade 1romotion. *his ?ureau shall
formulate and monitor rograms, lans, and ro'ects ertinent
to the develoment, romotion, and e%ansion of the foreign
trade of the 1hiliines" formulate country and roduct e%ort
strategies" conduct research on new roduct develoment and
adatation oortunities in the e%ort mar3ets, as well as
identify the domestic suly !ase for such roducts, reare
situation reorts on all e%ort roduction" reare and udate
country and regional mar3et rofiles" maintain an integrated
information system on all asects of the roducts and
commodities relevant to e%ort mar3eting" formulate, lan,
suervise, coordinate and monitor the imlementation of !oth
rivate and official incoming and outgoing missions, and review
the results of such" romote and coordinate international
su!contracting arrangements !etween and among foreign and
1hiliine investors where!y roduction oerations and
facilities may !e located in the 1hiliines" formulate and
monitor the imlementation of olicies and guidelines for the
registration and certification of !ona fide e%orters eligi!le for
the various e%ort incentive rograms of the 1hiliines" and
review and identify aroriate measures to minimiAe or
deregulate e%ort#imort rocedures and other foreign trade
laws necessary to stimulate the international mar3eting of
1hiliine roducts.
697 +oreign *rade Service Cors. *his Cors shall assist
1hiliine !usinessmen, roducers, and e%orters with
mar3eting information, ro'ect develoment suort, and
liaison with foreign government agencies" develo mar3eting
and commercial intelligence for dissemination to 1hiliine
!usinessmen through the *rade and ,nvestment ,nformation
Center" rovide direct suort to the >eartmentEs overseas
romotional rograms" assist 1hiliine !usinessmen handle
trade comlaints against foreign firms and governments"
suort >eartment units in imort and e%ort administration,
monitoring of trade agreements, and investments romotion"
and !e accounta!le for esta!lishment of foreign investment
and e%ort targets for their resective areas of resonsi!ility.
,n addition to the e%isting +oreign *rade Service Cors. the
1resident may aoint *rade Commissioners with the ran3 of
Assistant Secretary to coordinate trade and investment
matters in the various continents to which they are assigned
for the urose of increasing trade and investments.
6;7 ?onded E%ort Far3eting ?oard. *his ?oard shall romote
the esta!lishment of !onded manufacturing and trading
facilities for the re#e%ort of those roducts where a clear net
value added may !e generated !ased on the emerging
comarative advantage of the 1hiliine e%ort industry" study
and analyAe the international mar3et for secific roducts
where the 1hiliines has or can develo a comarative
advantage" recommend to the ?ureau of Customs the licensing
of !onded manufacturing facilities and monitor all !onded
manufacturing sites, with the o!'ective of ensuring oerational
efficiency" identify and designate sites where e%ort !onded
manufacturing sites shall !e located with a view of disersal to
the regions" and initiate studies on the develoment and
maintenance of the countryEs cometitive advantage in e%ort
roducts.
6<7 1hiliine ShiersE Council. *his Council shall reresent
1hiliine shiers in international liner conferences and
negotiate in their !ehalf, for more favora!le freight and
shiing rates" evaluate and issue waivers to the use of
1hiliine flag carriers" and rovide assistance and information
to 1hiliine shiers, secially e%orters, in matters related to
shiing.
6=7 1hiliine *rade *raining Center. *his Center shall develo
training modules on e%ort and imort techni5ues and
rocedures" raise the level of awareness of 1hiliine
!usinessmen of e%ort oortunities and the availa!ility of
alternative sources of imort roducts or diversified mar3ets
for e%orts" offer secialiAed courses for secific industry
grous directed at overcoming !arriers to overseas mar3et
enetration" and conduct training rograms in international
trade ractices, insection techni5ues and e%hi!itions
mounting.
677 1roduct >eveloment and >esign Center of the 1hiliines.
*his Center shall rovide roduct identification, research, and
develoment services to the rivate sector" conduct seminars
and wor3shos on roduct design and develoment" set u
design e%hi!itions" u!lish roduct design related materials"
and conduct continuing research on roduct and roduct
ac3aging design trends and rocessing technologies.
CHAPTER '
OFFICE OF THE UNDERSECRETARY FOR INDUSTRY AND
INVESTMENTS
Secti! 12. ,ffice of the )ndersecretary for /ndustry and
/nvestments. # *he )ffice of the 0ndersecretary for ,ndustry and
,nvestments shall suervise all agencies involved in the formulation
and imlementation of rograms and ro'ects ertinent to the
develoment of domestic industries and the romotion of
investments in activities or enterrises critical to the >eartmentEs
trade and industry develoment rogram.
617 ?ureau of Small and Fedium ?usiness >eveloment. *his
?ureau shall formulate and monitor develoment rograms for
rivate institutions involved in assisting the trade and industry
sector, delivery mechanisms and lin3ages for mar3eting,
financial and su!contracting services, and develoment
rograms for livelihood and micro, small and medium
enterrises.
687 ?oard of ,nvestments, whose functions are defined !elow.
697 E%ort 1rocessing -one Authority, whose functions are
defined !elow.
6;7 ?ureau of ,mort Services. *his ?ureau shall monitor
imort levels and rices, articularly li!eraliAed items" analyAe
and forecast imort levels" analyAe and u!lish imort return
statistics" erform annual reviews of the su!stantive
comonents of the 1hiliine *ariff System and su!mit
recommendations thereon" erform such other functions on
imort transactions as the 1resident or the Central ?an3 of the
1hiliines shall delegate or authoriAe" and ensure that the
>eartmentEs views on goods under the 'urisdiction of other
>eartments are ta3en into consideration.
6<7 ,ron and Steel Authority.
6=7 Construction ,ndustry Authority of the 1hiliines.
CHAPTER (
OFFICE OF THE UNDERSECRETARY FOR REGIONA$
OPERATIONS
Secti! 1%. ,ffice of the )ndersecretary for #e!ional ,perations. #
*he )ffice of the 0ndersecretary for Regional )erations shall
e%ercise suervision and control over the >eartmentEs Regional
)ffices, descri!ed in Section 9, ar. 1 hereof. ,t shall !e resonsi!le
for the field oerations of the >eartment, ensuring full comliance
with >eartment olicies, rigorous imlementation of >eartment
and regulations, and roer imlementation of >eartment lans and
rograms !y the Regional )ffices in their resective administrative
'urisdictions.
Secti! 1&. #e!ional ,ffices. # *he >eartment is here!y authoriAed
to esta!lish, oerate and maintain a >eartment#wide regional office
in each of the countryEs administrative regions. Each Regional )ffice
shall !e headed !y a Regional >irector who shall !e assisted !y an
Assistant Regional >irector. A Regional )ffice shall have, within its
administrative region, the following functions2
617 ,mlement ertinent laws, and the rules, regulations,
olicies, lans, rograms and ro'ects of the >eartment"
687 1rovide efficient and effective service to the eole"
697 Coordinate with the regional offices of other deartments,
offices and agencies in the region"
6;7 Coordinate with the local government units" and
6<7 1erform such other functions as may !e rovided !y law or
aroriately assigned !y the Secretary.
CHAPTER 7
ATTACHED AGENCIES
Secti! 1'. "ine Corporate %!encies and Government Entities. # *he
following are the :ine Cororate Agencies and &overnment Entities
that will erform their secific regulatory functions, articular
develomental resonsi!ilities, and secialiAed !usiness activities in a
manner consonant with the >eartmentsE mandate, o!'ectives,
olicies, lans, and rograms2
617 (ational >eveloment Comany. *his Comany shall
romote investments in or esta!lish enterrises for the e%ress
uroses of encouraging the rivate sector to follow suit !y
roving the financial via!ility of such enterrises" or of filling
critical gas in the inut#outut structure of 1hiliine
commerce and industry when the rivate sector is unwilling or
una!le to engage in such enterrises !ecause of the magnitude
of investments re5uired or the ris3 comle%ion of the
underta3ing.
687 &arments and *e%tile E%ort ?oard. *his ?oard, which shall
!e suervised !y the 0ndersecretary for ,nternational *rade,
shall oversee the imlementation of the garment and te%tile
agreements !etween the 1hiliines and other countries,
articularly garments and te%tiles 5uotas" arove 5uota
allocations and e%ort authoriAations" issue e%ort licenses and
adot aroriate measures to e%edite their rocessing"
rovide the necessary information and statistics relating to the
administration of garments and te%tiles e%ort 5uotas and the
flow of garments and te%tiles e%orts for monitoring uroses
and for negotiations with other countries" imlement rules and
regulations for the administration of all international te%tile
agreements entered into !etween the 1hiliines and imorting
countries" and fi% and collect reasona!le fees for the issuance
of e%ort 5uotas, e%ort authoriAations, e%ort licenses, and
other related services, in accordance with the >eartment
olicies, rules and regulations.
697 ,nternational Coffee )rganiAation#Certifying Agency. *his
Agency, which shall !e suervised !y the 0ndersecretary for
,nternational *rade, shall oversee the imlementation of the
coffee agreements !etween the 1hiliines and other
countries, articularly coffee 5uotas.
6;7 1hiliine ,nternational *rading Cororation. *his
Cororation, which shall !e suervised !y the 0ndersecretary
for ,nternational *rade, shall only engage in !oth e%ort and
imort trading on new or non#traditional roducts and mar3ets
not normally ursued !y the rivate !usiness sector" rovide a
wide range of e%ort oriented au%iliary services to the rivate
sector" arrange for or esta!lish comrehensive system and
hysical facilities for handling the collection, rocessing, and
distri!ution of cargoes and other commodities" monitor or
coordinate ris3 insurance services for e%isting institutions"
romote or organiAe, whenever warranted, roduction
enterrises and industrial esta!lishments and colla!orate or
associate in 'oint venture with any erson, association,
comany, or entity, whether domestic or foreign, in the fields
of roduction, mar3eting, rocurement, and other related
!usinesses" and rovide technical, advisory, investigatory,
consultancy, and management services with resect to any
and all of the functions, activities, and oerations of the
cororation.
6<7 ?oard of ,nvestments. *his ?oard, which shall !e
suervised !y the 0ndersecretary for ,ndustry and
,nvestments shall !e resonsi!le for coordinating the
formulation and imlementation of short, medium and long
term industrial lans as well as romoting investments in the
1hiliines in accordance with national olicies and riorities"
register, monitor, and grant investment incentives to individual
enterrises" formulate olicies and guidelines aimed at
creating an environment conducive to the e%ansion of e%isting
investments or attracting rosective investments in the
1hiliines, 1rovided, *hat the ?oard shall lace rimary
emhasis on its romotive functions.
6=7 E%ort 1rocessing -one Authority. *his Authority which
shall !e suervised !y the 0ndersecretary for ,ndustry and
,nvestments, shall develo and manage e%ort rocessing
Aones, in consonance with >eartment olicies and rograms.
677 *he Center for ,nternational *rade E%ositions and
Fissions, ,nc. is here!y merged with the 1hiliine *rade
E%hi!ition Center. *he latter shall !e the surviving entity and is
here!y renamed 4Center for ,nternational *rade E%ositions
and Fissions.4
Tit-e XI
AGRARIAN REFORM
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # *he State shall underta3e an
agrarian reform rogram founded on the right of farmers and regular
farmwor3ers who are landless to own directly or collectively the lands
they till or, in the case of other farmwor3ers, to receive a 'ust share
of the fruits thereof.
*he State shall recogniAe the right of farmers, farmwor3ers, and
landowners, as well as cooeratives, and other indeendent farmersE
organiAations to articiate in the lanning, organiAation and
management of the land reform rogram, and shall rovide suort
to agriculture through aroriate technology and research, and
through ade5uate financial, roduction, mar3eting, and other suort
services.
*he State shall rovide incentives for voluntary land#sharing. ,t may
resettle landless farmers and farmwor3ers in its own agricultural
estates which shall !e distri!uted to them in the manner rovided !y
law.
Secti! 2. andate. # *he >eartment shall rovide central direction
and coordination to the national agrarian reform rogram e%tended to
transform farm lessees and farm tenants into owner#cultivators of
economic family#siAe farms to imrove their living conditions.
*he >eartment shall formulate and imlement olicies, lans and
rograms for the distri!ution and cultivation of all agricultural lands,
including sugar and coconut lands, with the articiation of farmers,
farmwor3ers, landowners, cooeratives, and other indeendent
farmersE organiAations. ,t shall rovide leadershi in develoing
suort services to tenant#owners, farm managers, and other
cultivators through aroriate research and develoment rograms,
and shall render ade5uate assistance in finance, mar3eting,
roduction and other asects of farm management.
Secti! %. Po-ers and (unctions. # *o accomlish its mandate, the
>eartment shall2
617 ,mlement laws, rograms and olicies for the ac5uisition
and distri!ution of all agricultural lands as rovided !y laws"
687 Resettle landless farmers and farmwor3ers in government#
owned agricultural estates which shall !e distri!uted to them
as rovided !y law"
697 Recommend and rovide incentives for voluntary sharing of
lands !y owners of agricultural lands"
6;7 Ac5uire, determine the value, su!divide into family#siAe
farms, develo and distri!ute to 5ualified tillers, actual
occuants and dislaced ur!an oor, rivate agricultural lands
regardless of area and cros lanted"
6<7 Administer and disose of, under a settlement scheme, all
ortions of the u!lic domain declared as aliena!le and
disosa!le lands for seedy distri!ution to and develoment !y
deserving and 5ualified ersons who do not own any land and
under such terms and conditions as the >eartment may
rescri!e, giving riority to 5ualified and deserving farmers in
the rovince where such lands are located"
6=7 1rovide free legal assistance to farmers covered !y
agrarian reform and e%edite the resolution of agrarian
conflicts and land tenure ro!lems either through conciliatory
or adversary roceedings"
677 1rovide creative, resonsive and effective information,
education and communication rograms and ro'ects !oth for
the tenant !eneficiaries, landowners, the government and
rivate sectors and the general u!lic, there!y generating a
!road sectrum of suort and understanding of the new
agrarian reform rogram"
6$7 Strengthen agrarian reform !eneficiaries organiAations to a
degree of national via!ility that would ena!le them to share in
the shaing of government olicies and institutionaliAe farmersE
articiation in agrarian reform olicy formulation, rogram
imlementation and evaluation"
697 1romote the organiAation and develoment of cooeratives
of agrarian reform !eneficiaries and register the same"
61B7 ,mlement all agrarian reform laws and for the this
urose issue su!oena, su!oena duces tecum, and writs of
e%ecution of its orders, and decisions and other legal rocesses
to ensure comliance from all arties concerned for successful
and e%editious rogram imlementation"
6117 0nderta3e land surveys on lands covered !y agrarian
reform, and issue atents to farmers covered !y agrarian
reform, !oth on rivate and u!lic lands"
6187 >evelo, imlement and underta3e alternative and
innovative land develoment schemes and land tenure systems
such as, !ut not limited to land consolidation, land farming
cooerative farming and agro#industrial estates"
6197 Arove or disarove conversion of agricultural lands to
non#agricultural uses such as residential and industrial
conversions in accordance with the e%isting rovisions of law"
61;7 0nderta3e land use management studies"
61<7 Comensate the landowners covered !y agrarian reform"
61=7 ,ntegrate and synchroniAe rogram imlementation of the
:and ?an3 of the 1hiliines and other relevant civilian and
military government and rivate entities involved and
mandated to suort the agrarian reform rogram through
,nter#Agency Committees and Agrarian Reform Coordinating
Councils" and
6177 1erform such other functions as may !e rovided !y law.
Secti! &. ,r!anizational Structure. # *he >eartment shall consist
of the )ffice of the Secretary, the 0ndersecretary, the Assistant
Secretary, the Services and Staff ?ureaus, the Regional )ffices, the
1rovincial )ffices, and the *eam )ffices.
CHAPTER 2
DEPARTMENT PROPER
Secti! '. )ffice of the Secretary. # *he )ffice of the Secretary shall
consist of the Secretary and his immediate staff.
Secti! (. )ndersecretary. # *he Secretary shall !e assisted !y one
617 0ndersecretary who shall erform the following functions2
617 )versee the oerational activities of the >eartment
delegated to him !y and for which he shall !e resonsi!le to
the Secretary"
687 Coordinate rograms and ro'ects within the >AR and with
other government agencies and farmer organiAations when so
delegated !y the Secretary"
697 Assist the Secretary on matters relating to the oerations
of the >eartment"
6;7 Assist the Secretary in the rearation of reorts" and
6<7 1erform such other duties and functions as may !e
rovided !y law or assigned !y the Secretary.
Secti! 7. %ssistant Secretary. # *he Secretary shall !e assisted !y
one Assistant Secretary.
CHAPTER %
DEPARTMENT SERVICES
Secti! 8. ana!ement and E2ecutive Services. # *he Fanagement
and E%ecutive Services shall have the following functions2
617 Recommend the imlementation of aroriate systems
and rocedures as it relates to the overall monitoring and
feed!ac3 mechanisms re5uired !y the )ffice of the Secretary"
687 &ather, consolidate, araise, reare and su!mit regular
to management reorts ertaining to the >eartment and
overall administration, financial, rograms and ro'ects
imlementation status for decision ma3ing uroses"
697 >esign and maintain a rogramHro'ect dislay center6s7
that will showcase the >eartmentEs various lans, rograms
and accomlishments"
6;7 1reare and review office orders, memoranda and other
communications"
6<7 1rovide secretariat suort during meetings and
conferences including international conferences and seminars
relative to agrarian reform"
6=7 Suervise the imlementation of deartment#wide records
management and disosal system"
677 >evelo alternative management systems which will
increase efficiency in the delivery of services, attain !etter
means of control, ma%imiAe use of availa!le human and
hysical resources"
6$7 Conduct eriodic systems and rocedures audit of the
various units of the >eartment"
697 1reare news items on agrarian reform accomlishments
and handle ress and media relations wor3 for the Secretary"
and
61B7 1erform such other functions as may !e assigned !y the
Secretary.
Secti! 9. "e!al and Public %ssistance Service. # *he :egal and
1u!lic Assistance Service shall have the following functions2
617 1reare legal decisions and resolutions of administrative
cases and render legal oinions, interretation of contracts,
laws, rules and other administrative issuances"
687 1reare legal decisions and resolutions of administrative
cases" and
697 1rovide u!lic assistance services.
Secti! 1). #esearch and Strate!ic Plannin! Service. # *he Research
and Strategic 1lanning Service shall have the following functions2
617 Review, analyAe and integrate su!mitted lans and
rograms and secial ro'ect roosals !y ?ureaus, services,
and field offices and determine if lans and rograms are in
accordance with riorities set for !udgetary suort"
687 Review, coordinate and integrate all recommendations for
rerogramming and revision of wor3 rograms of the
>eartment to suort fund releases or re5uests"
697 ,nitiate, integrate, or rioritiAe research studies and
recommend for funding in coordination with units concerned
and review and interret research findings for olicy
alica!ility"
6;7 Conduct researches or case studies for olicy
recommendations and alication"
6<7 Coordinate, integrate and assist in the assessment of
rograms and ro'ects against lans, costs and resources,
standards and erformance targets"
6=7 Coordinate, integrate and analyAe eriodic accomlishment
reorts of the >eartment as may !e re5uired or necessary"
677 Faintain liaison with u!lic and rivate develoment and
lanning !odies, u!lic and rivate" and
6$7 1erform such other functions as may !e rovided !y law or
assigned !y the Secretary.
Secti! 11. (inance and Physical %ssets ana!ement Service. # *he
+inance and 1hysical Assets Fanagement Services shall have the
following functions2
617 1reare, e%ecute and administer the >eartmentEs !udget
including standards and guidelines"
687 Fonitor and evaluate the imlementation of the Central
and Regional !udget"
697 1rocess all money claims related to all tyes of >eartment
e%enditures including ersonal services, maintenance and
other oerating e%enses and caital outlays"
6;7 1reare financial reorts and maintain !oo3s of accounts"
6<7 1reare, release and control chec3 dis!ursements and
inde% or monitor chec3 ayments"
6=7 ,mlement roer internal control mechanisms"
677 +ormulate and imlement olicies and systems on the
disosition of sulies, materials and e5uiment re5uirements
of all oerating units for their effective functioning"
6$7 0nderta3e reair and maintenance of all e5uiment
furniture, !uilding facilities and grounds of the >eartment"
and
697 Fanage and maintain an inventory of hysical assets in the
>eartmentEs Central and Regional offices.
Secti! 12. %dministrative and Personnel Service. # *he
Administrative and 1ersonnel Service shall e%ercise the following
functions2
617 +ormulate and imlement olicies and guidelines on
ersonnel lacement, araisal and action"
687 +ormulate and imlement olicies and guidelines on
emloyee services, emloyee relations management and staff
develoment"
697 Service the reroduction, utility and messengerial
re5uirements of all >eartmental grous and offices"
6;7 1rovide the ma'or oerating units of the >eartment with
!asic e5uiment, sulies and materials including logical
suort"
6<7 Engage in general canvassing and urchasing of sulies,
materials and e5uiment"
6=7 ,mlement guidelines with resect to rocurement
services" and
677 1erform such other functions as the Secretary may assign.
CHAPTER &
"UREAUS
Secti! 1%. +ureau of %!rarian "e!al %ssistance. # *he ?ureau of
Agrarian :egal Assistance shall have the following functions2
617 +ormulate guidelines, lans and rograms for the effective
delivery of legal assistance to the clientele"
687 Adot the rocess of mediation and conciliation to
'udiciously settle agrarian ro!lems"
697 ,nvestigate cases, review recommendations, and reare
orders, decisions and resolutions on matters involving agrarian
disute"
6;7 Faintain a doc3et of cases on claims and conflicts and issue
clearance in relation thereto"
6<7 1rovide legal information and reare materials for
u!lication"
6=7 Conduct and comile legal research and studies on agrarian
reform and maintain a law li!rary"
677 1reare legal oinions on matters ertaining to agrarian
reform rogram imlementation"
6$7 Reresent agrarian reform !eneficiaries or mem!ers of
their immediate farm households !efore all courts and 5uasi#
'udicial and administrative !odies in civil, criminal or
administrative cases instituted !y or against them, arising from
or are connected with, an agrarian disute"
697 >evelo, maintain and coordinate ara#legal services for
agrarian reform clientele"
61B7 Advise and assist the )ffice of the Secretary and field
offices in agrarian legal matters"
6117 Conduct a continuing follow#u and evaluation of the
handling and disosition of 'udicial cases, claims and conflicts
ad'udication, legal information and ara#legal services of the
>eartment" and
6187 1erform such other functions and duties as may !e
rovided !y law.
Secti! 1&. +ureau of "and Development. # *he ?ureau shall have
the following functions2
617 >raw u lans and rograms of land surveys and
determine which land survey ro'ects can !e done !y
administration or !y contract"
687 >evelo and rescri!e rocedures and techni5ues on land
surveys in accordance with aroved standards"
697 >evelo lans and rograms, guidelines, rocedures and
techni5ues for soil surveys and classification and for comlete
aerial hotogrammetry"
6;7 AnalyAe and comile soil data and survey reorts essential
for the roduction of soil mas and identify articular areas for
soil research"
6<7 >evelo land use atterns, rocedures and comile
ade5uate mas for roer land use"
6=7 >raw u lans, rograms and designs for agricultural
develoment under the scheme of land consolidation"
677 +ormulate olicies, guidelines and rocedures for the
regulation of conversion of rivate agricultural lands to non#
agricultural use, in accordance with the rovisions of e%isting
laws, as amended, and other related issuances"
6$7 Esta!lish a schedule of riorities in the construction of
houses, waterwor3s, irrigations systems and other community
facilities"
697 +ormulate olicies and guidelines in the rocurement,
maintenance or reha!ilitation of agricultural machinery and
e5uiment, and review, and evaluate lans, rograms,
secifications, and cost estimates of land develoment
ro'ects"
61B7 1rovide functional and technical assistance on the
imlementation of land develoment"
6117 Fonitor and evaluate activities of field offices on land
develoment" and
6187 1erform such other functions as may !e rovided !y law.
Secti! 1'. +ureau of "and Tenure Development. # *he ?ureau shall
have the following functions2
617 >evelo olicies, lans and rograms, and standard
oerating rocedures in the ac5uisition and distri!ution of
u!lic and rivate agricultural lands, including measures to
ensure that the lands distri!uted !y the government to the
!eneficiaries of the agrarian reform rogram shall !e
su!se5uently transferred or sold only to 5ualified tenant#tillers,
agricultural wor3ers and other landless citiAens"
687 >esign socio#economic survey lans and rescri!e
standards, guidelines and rocedures in the conduct of such
surveys in areas sought to !e ac5uired or administered !y the
>eartment of Agrarian Reform"
697 >evelo standards for the valuation of lands laced under
the agrarian reform rogram and formulate aroriate land
comensation schemes for affected landowners"
6;7 +ormulate, general olicies and guidelines in the
identification of tillers and agricultural lands to !e urchased or
e%roriated, su!'ect of etitions or alications for the
e%ercise of the right of re#emtion or redemtion, or
voluntarily offered for coverage under the agrarian reform
rogram, and ortions of the u!lic domain which may !e
oened for settlement"
6<7 Faintain a current inventory of tillers, landowners, land#
holdings, including cros and roduction thereon, and other
related records"
6=7 Streamline rocedures governing the titling of lands
transferred to the !eneficiaries of agrarian reform and the
documentation of leasehold and other tenurial arrangements"
677 >evelo alternative tenurial or wor3ing arrangements or
relationshis in agrarian reform areas aimed at ensuring
security of tenure and e5uita!le distri!ution of income"
6$7 +ormulate olicies, guidelines, standards, rocedures and
rograms in the develoment and conduct of land tenure
research"
697 ,dentify areas of research relevant to land tenure,
determine riority needs, and reare land tenure research
designsHroosals"
61B7 0nderta3e oerational research and evaluation studies on
land tenure rograms and ro'ects"
6117 Fonitor research findings on land tenure and other related
studies !y various research agencies"
6187 Review and evaluate documents for the generation,
registration, and issuance of Emanciation 1atentsH*itle, land
valuation, and landowners comensation claims as to its
comleteness, accuracy and validity"
6197 ,nitiate verification andHor investigation of 5uestiona!le or
inconsistent documents as well as data or information critical
for e%editious disosition of land transactions !y authorities
concerned" and
61;7 1erform such other functions as may !e rovided !y law.
Secti! 1(. +ureau of %!rarian #eform /nformation Education. # *he
?ureau shall have the following functions2
617 1rovide olicy guidance and develo lans and rograms
for effective and continuing information, education and
romotional activities of the >eartment"
687 >evelo, conduct, assist and coordinate training and
education rograms to increase farmer, >AR and other
governmental ersonnel articiation in rogram
imlementation"
697 Coordinate or imlement lin3age training or education
rograms and ro'ects"
6;7 ,ntegrate agrarian reform concets into all levels of the
national education system"
6<7 >evelo aroriate communication materials or aids to
suort agrarian reform romotion and training"
6=7 1roduce and disseminate media materials to imlement the
information rograms of the >eartment"
677 Faintain and udate a li!rary of materials on agrarian
reform"
6$7 1rovide for the esta!lishment of a center for agrarian
reform studies"
697 1rovide functional and technical assistance on farmer
education and u!lic information"
61B7 Coordinate and evaluate training rograms and activities
underta3en !y the regional offices and other units of the
>eartment" and
6117 1erform such other functions as may !e rovided !y law.
Secti! 17. +ureau of %!rarian #eform +eneficiaries Development. #
*he ?ureau shall have the following functions2
617 +ormulate lans, rograms, olicies and guidelines for the
develoment of agrarian reform areas into via!le agro#
industrial estates, the romotion of cooerative systems of
roduction, rocessing, mar3eting, distri!ution, credit and
services"
687 +ormulate olicies, rograms and guidelines for the
develoment and management of resettlement areas and
landed estates"
697 1romote the organiAation and articiation of agrarian
reform !eneficiaries to enhance the dignity and welfare of the
!eneficiaries and to serve as sources of develoment
information inuts and feed!ac3 as !asis for olicy
formulation"
6;7 Serve as liaison !etween the >AR and the legitimate
organiAations of agrarian reform !eneficiaries and serve as
receiving Aone for re5uest and roosals from legitimately
organiAed agrarian reform !eneficiaries associations for
aroriate action !y any of the ?ureaus or Services"
6<7 >evelo and underta3e research and ilot studies of
alternative land tenure systems such as agro#industrial
estates, cooerative farming and other cooerative#
cultivatorshi schemes"
6=7 >evelo ro'ect models such as !ut not limited to comact
farms, and other income generating ro'ects, and underta3e
research and ilot studies on these models and other
innovative schemes in coordination with field offices"
677 Esta!lish lin3ages with concerned agencies for farm
suort services and to ensure immediate and effective ro'ect
imlementation"
6$7 1rovide functional and technical assistance on develoment
and management of resettlement areas and landed estates,
organiAation of agrarian reform !eneficiaries and
imlementation of economic ro'ects"
61B7 1erform such other functions as may !e rovided !y law.
CHAPTER '
REGIONA$ AND DISTRICT OFFICES AND ATTACHED AGENCIES
Secti! 18. #e!ional ,ffice. # *he Regional )ffice shall !e
resonsi!le for suorting the field units and suervising rogram
imlementation of the >eartment within the region. ,t shall2
617 ,mlement laws, olicies, lans, rules and regulations of
the >eartment in the regional area"
687 >evelo and imlement a regional ersonnel management
rogram"
697 1reare, su!mit, e%ecute and control the !udget for the
region"
6;7 1reare and roerly maintain !oo3s of accounts"
6<7 1ay salaries and wages and other aroved vouchers"
6=7 1rovide administrative services to the regional and
rovincial offices"
677 1reare and su!mit lans and rograms for the region on2
a. land tenure develoment
!. information and education
c. land use management and land develoment
d. legal services
e. agrarian reform !eneficiaries develoment
6$7 1rovide technical assistance to the rovincial offices and
agrarian reform teams in the imlementation of aroved
lans and rograms"
697 E%tend effective legal assistance, advice or service to
agrarian reform !eneficiaries"
61B7 Conduct oerations research and evaluation of agrarian
reform rogram imlementation within the region"
6117 Coordinate with other government and rivate agencies
and farmer organiAations at the Regional level through the
Agrarian Reform Coordinating Council, to carry out
rogramsHro'ects for the general welfare of the agrarian
reform !eneficiaries"
6187 Coordinate ara#legal services"
6197 Faintain a data#!ased information system in coordination
with the esta!lished monitoring system"
61;7 Review documents su!mitted !y the 1rovincial and *eam
)ffices or !y the clientele"
61<7 Su!mit eriodic feed!ac3 and recommend olicy changes
andHor modification of rocedures on rogram imlementation"
and
61=7 1erform such other functions as may !e necessary in the
service of the clientele.
Secti! 19. Provincial ,ffices. # *he Agrarian Reform 1rovincial
)ffice is resonsi!le for the direction and coordination of the
oeration and activities of the Agrarian Reform *eams oerating
within the rovince and has the following functions2
617 Set riorities, secific targets, schedules and deadlines for
the e%ecution of aroved lans, rograms and ro'ects on2
a. land ac5uisition, distri!ution, transfer of land
ownershi to actual tillers, including land tiller#
landowners identification, tenurial security and leasehold
arrangements, land surveys, land valuation and
landowners comensation"
!. continuing information and education rograms on
agrarian reform"
c. organiAation and develoment of Agrarian Reform
?eneficiaries Cooeratives and institutionaliAing farmers#
government artnershi in agrarian olicy formulation
and rogram imlementation"
d. landownerEs comensation and diversion of
landownerEs caital to industrial develoment"
e. develoment and imlementation of alternative land
tenure systems such as cooerative farming, agro#
industrial estates and cooerative#cultivatorshi
schemes"
f. land use management"
g. comact farming, land consolidation, land
reclamation, integrated farming systems, sloing
agricultural land technology, and other land conservation
measures in agrarian reform covered areas"
h. legal services to farmers covered !y agrarian reform
and resolution of agrarian conflicts and land tenure
ro!lems"
687 1rovide administrative services to the Agrarian Reform
*eams within the rovince"
697 1rovide legal services to agrarian reform !eneficiaries in
cases arising from or are connected with agrarian disutes,
handling of e%roriation roceedings, registering cooeratives
organiAed !y Agrarian Reform *eams and reviewing and acting
on all matters initially investigated and elevated !y Agrarian
Reform *eams"
6;7 1rovide technical assistance to the Agrarian Reform *eams
in the imlementation of aroved lans and rograms"
6<7 Coordinate with government, rivate agencies and farmer
organiAations at the rovincial level to carry out rograms"
6=7 Conduct eriodic erformance audit surveys in
colla!oration with the regional office, and monitor agrarian
reform rogram accomlishments of Agrarian Reform *eams
including oerational ro!lems and constraints and recommend
aroriate remedial measures for effective rogram
imlementation" and
677 1erform such other functions as may !e necessary in the
service of the clientele.
Secti! 2). Team ,ffices. # *he Agrarian Reform *eam shall !e
resonsi!le for directly imlementing the agrarian reform rograms
and delivering e%ected results. ,t shall2
617 ,mlement olicies and rograms on land ac5uisition, and
distri!ution, and transfer of landownershi to actual tillers,
including farmer#landownerEs identification, leasehold
arrangements, land valuation and landowners comensation
and transfer actions"
687 0nderta3e continuing information and education rograms
on agrarian reform among the !eneficiaries"
697 1romote the organiAation and develoment of agrarian
reform !eneficiaries and assist in the registration of organiAed
cooeratives"
6;7 ,nstitutionaliAe farmers articiation in agrarian reform
olicy formulation and rogram imlementation"
6<7 )rganiAe and esta!lish comact farms, land consolidation,
integrated farm systems, sloing agricultural land technology
and other cooerative#cultivatorshi schemes"
6=7 1rovide assistance in agrarian reform research"
677 1rovide assistance to various legal services, including legal
information and legal counselling, documentation and
reliminary rocessing of alications for free atent and
alications to urchase lots, reliminary investigation of
conflicting claims on lot !oundaries and araisal of roerties,
and mediation of different ro!lems arising from tenancy
relationshi, e%ecution and registration of lease contracts,
initial investigation of administrative cases, and other legal
services"
6$7 1rovide assistance on ro'ect identification, formulation
and develoment that would ulift the socio#economic status of
the !eneficiaries including ro'ects that would divert landlord
caital to industrial develoment"
697 Coordinate with other government and rivate agencies
and farmer organiAations within the area of coverage for
effective rogramHro'ect imlementation"
61B7 Su!mit eriodic reorts on rogramHro'ect
accomlishments including ro!lems identified and
recommended solutions thereto"
6117 ,mlement >AR commitment rograms suortive of
national riority rograms" and
6187 1erform such other functions as may !e assigned from
time to time.
Secti! 21. %ttached %!encies. # *he following agencies are
attached to the >eartment for administrative suervision and olicy
coordination2
617 :and ?an3 of the 1hiliines
687 Agricultural Credit Administration
697 Agrarian Reform Coordinating Council
Tit-e XII
$OCA$ GOVERNMENT
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # *he State shall ensure the
autonomy of local governments. +or this urose, it shall rovide for
a more resonsive and accounta!le local government structure
instituted through a system of decentraliAation. *he allocation of
owers and resources to local government units shall !e romoted,
and inter#local government grouing, consolidation and coordination
of resources shall !e encouraged. *he State shall guarantee the local
government units their 'ust share in national ta%es and their
e5uita!le share in roceeds from the use of natural resources, and
afford them a wider latitude for resources generation.
Secti! 2. andate. # *he >eartment shall assist the 1resident in
the e%ercise of general suervision over local governments and in
ensuring autonomy, decentraliAation and community emowerment.
Secti! %. Po-ers and (unctions. # *o accomlish its mandate, the
>eartment shall2
617 Advise the 1resident on the romulgation of olicies, rules,
regulations and other issuances relative to the general
suervision of local government units"
687 Esta!lish and rescri!e rules, regulations and other
issuances and imlementing laws on the general suervision of
local government units and on the romotion of local
autonomy and monitor comliance thereof !y said units"
697 1rovide assistance in the rearation of national legislation
affecting local government units"
6;7 Esta!lish and rescri!e lans, olicies, rograms and
ro'ects to strengthen the administrative, technical and fiscal
caa!ilities of local government offices and ersonnel"
6<7 +ormulate and imlement olicies, lans, rograms and
ro'ects to meet national and local emergencies arising from
natural and man#made disasters" and
6=7 1erform such other functions as may !e rovided !y law.
Secti! &. ,r!anization Structure. # *he >eartment, shall !e
comosed of the )ffice of the Secretary and the staff and line offices
which shall consist of the following2
617 ?ureau of :ocal &overnment Suervision"
687 ?ureau of :ocal &overnment >eveloment"
697 (ational ?arangay )erations )ffice"
6;7 1ro'ect >eveloment Services"
6<7 >eartment Services"
6=7 )ffice of 1u!lic Affairs" and
677 Regional and +ield )ffices.
CHAPTER 2
DEPARTMENT PROPER
Secti! '. ,ffice of the Secretary. # *he )ffice of the Secretary shall
consist of the Secretary and his immediate staff.
Secti! (. )ndersecretaries and %ssistant Secretaries. # *he
Secretary shall !e assisted !y not more than three 697
0ndersecretaries and three 697 Assistant Secretaries who shall !e
aointed !y the 1resident uon the recommendation of the
Secretary. *he Secretary is here!y authoriAed to delineate and assign
the resective functional areas of resonsi!ility of the
0ndersecretaries and Assistant Secretaries.
CHAPTER %
DEPARTMENT SERVICES
Secti! 7. Plannin! Service. # *he 1lanning Service shall !e
resonsi!le for roviding the >eartment with efficient and effective
services relating to lanning, rogramming, research and statistics.
Secti! 8. (inancial and ana!ement Service. # *he +inancial and
Fanagement Service shall !e resonsi!le for roviding the
>eartment with efficient and effective staff advise and assistance on
!udgetary, financial and management imrovement matters.
Secti! 9. "e!al Service. # *he :egal Service shall !e resonsi!le for
roviding the >eartment with efficient and effective legal counselling
services, assistance to the Secretary in the review or determination
of su!ordinate !odies or agencies, colla!oration with Solicitor &eneral
in handling cases affecting the >eartment, and investigation of
administrative cases involving >eartment ersonnel and local
officials"
Secti! 1). %dministrative Service. # *he Administrative Service
shall !e resonsi!le for roviding the >eartment with efficient and
effective services relative to ersonnel, information, records,
sulies, e5uiment, collection, dis!ursement, security and custodial
wor3, and other 3inds of services not related to the other services
a!ove enumerated.
Secti! 11. Electronic Data Processin! Service. # *he Electronic >ata
1rocessing Service shall !e resonsi!le for roviding ade5uate and
u#to#date data and management information inuts, including
monitoring of all field oerations, to serve as !asis for effective
lanning, management and control, olicy formulation and decision#
ma3ing.
CHAPTER &
"UREAUS AND OFFICES
Secti! 12. +ureau of "ocal Government Supervision. # *he ?ureau
of :ocal &overnment Suervision, to !e headed !y a ?ureau >irector
aointed !y the 1resident uon the recommendation of the
Secretary, shall have the following functions2
617 Advise and assist the Secretary in the e%ercise of the
ower of general suervision of the 1resident over local
government units, articularly in the formulation and
imlementation of national laws, olicies, and standards
concerning local government oerations and their ersonnel"
687 Esta!lish and rescri!e guidelines for the administration of
the Gatarungang 1am!arangay :aws"
697 Fonitor comliance with national laws and olicies !y local
government units"
6;7 1rovide assistance in the rearation of national legislation
affecting local government units and in the romotion of local
autonomy"
6<7 E%tend consultation service and advice to local government
units involved in romoting local autonomy" and
6=7 1rovide assistance to local governments in the romotion
of citiAens articiation in local government activities"
677 1rovide technical and financial assistance, as well as
secretariat services to the :eagues of 1rovinces, Cities and
Funicialities" and
6$7 1erform such other functions as may !e rovided !y law.
Secti! 1%. +ureau of "ocal Government Development. # *he ?ureau
of :ocal &overnment >eveloment, to !e headed !y a ?ureau
>irector aointed !y the 1resident uon the recommendation of the
Secretary shall have the following functions2
617 Esta!lish and rescri!e lans, olicies, rograms, and
ro'ects to strengthen the administrative and technical
caa!ilities of local government offices and ersonnel"
687 1rovide technical assistance to enhance the administrative,
fiscal and technical caa!ilities of local government officers and
ersonnel"
697 +ormulate, rescri!e and eriodically evaluate local
develoment olicies, lans, rograms and ro'ects designed
to enhance the articiation of local government units in
lanning and imlementation"
6;7 Esta!lish a system of incentives and grants to local
governments and rescri!e olicies, rocedures and guidelines
in the imlementation of self#hel assistance ro'ects"
6<7 +ormulate and develo models, standards and technical
materials on local government develoment"
6=7 E%tend consultation service and advice to local government
units involved in develoment rograms"
6=7 E%tend consultation service and advice to local government
units involved in develoment rograms"
677 Esta!lish a via!le system of strategies and aroaches for
local governments anchored on citiAen articiation within a
wholistic and integrated framewor3 for the develoment of
communities" and
6$7 1erform such other functions as may !e rovided !y law.
Secti! 1&. ,ffice of Public %ffairs. # *he )ffice of 1u!lic Affairs shall
have the following functions2
617 1rovide technical assistance in the moderniAation and
maintenance of a >eartment#wide micro#telecommunica#
tions systems"
687 1rovide mechanisms for the oerationaliAation of the intent
of the rovisions of u!lic information, coverages and
documentation of the activities of the >eartment"
697 1erform functional suervision over regional information
centers in roviding the citiAenry with relevant information on
the rogram of the >eartment and the &overnmentEs thrust
towards the articiation of the citiAens in the democratic
rocesses"
6;7 +ormulate lans and rograms to imlement the
administrative and technical caa!ilities of u!lic officers and
ersonnel !oth on the central and regional levels"
6<7 Esta!lish and rescri!e guidelines in the administration of
,nformation and 1u!lic Assistance Services"
6=7 E%tend consultation services and advice in the imlemen#
tation of Regional ,nformation Services"
677 Assess information needs of the eole through oinion
olls and surveys"
6$7 1rovide assistance on various u!lic rograms of the
>eartment"
697 Esta!lish and imlement olicies, lans, rograms and
ro'ects to meet local emergencies arising from natural and
man#made disasters" and
61B7 1erform such other duties and resonsi!ilities and
ro'ects assigned or delegated !y the Secretary in the effective
delivery of u!lic services or as may !e re5uired !y law.
Secti! 1'. "ocal Government %cademy. # *he :ocal &overnment
Academy shall !e resonsi!le for human resource develoment and
training of local government officials and >eartment ersonnel. *he
Academy shall !e under the direct suervision of a ?oard of *rustees
comosed of the Secretary of :ocal &overnment as Chairman and
four 6;7 other mem!ers to !e aointed !y the 1resident uon
recommendation of the Secretary. *he structure and staffing attern
of the :ocal &overnment Academy shall !e rescri!ed and aroved
!y the Secretary.
Secti! 1(. National +aran!ay ,perations ,ffice. # *he (ational
?arangay )erations )ffice which shall !e headed !y a >irector to !e
aointed !y the 1resident uon the recommendation of the
Secretary, shall have the following functions2
617 +ormulate olicies, lans and rograms that will romote
community and citiAen articiation in the olitical
develoment of the !arangay through the mo!iliAation and
articiation of !arangay assem!lies"
687 ,nitiate ro'ects on innovative !arangay develoment
strategies and aroaches in close coordination with the
?ureau of :ocal &overnment >eveloment"
697 1rovide secretariat services to the Association of ?arangay
Councils and serve as a clearing house on matters affecting
!arangay officialsE insurance, hositaliAation, educational and
other !enefits as rovided !y law"
6;7 1rovide continuing information dissemination to !arangay
units on national develoment efforts and issues in order for
!arangay assem!ly mem!ers to articiate meaningfully in
national develoment"
6<7 Esta!lish and maintain masterlists of !arangays, !arangay
officials and !arangay socio#economic rofiles"
6=7 1rovide situational and olitical analysis for the Secretary
on !arangay affairs" and
677 1erform other functions as may !e delegated !y the
Secretary or as rovided for !y law.
Secti! 17. ,ffice of Pro8ect Development Services. # *he )ffice of
1ro'ect >eveloment Services shall have the following functions2
617 +ormulate innovative aroaches and strategies designed
to romote technical caa!ilities of local governments"
687 Assist in the develoment of rogram comonents for the
imlementation of tested and aroriate system and
rocesses at the local level" and
697 1erform other functions as may !e delegated !y the
Secretary or as rovided !y law.
CHAPTER '
REGIONA$ AND FIE$D OFFICES
Secti! 18. #e!ional and (ield ,ffices. # *he Secretary is authoriAed
to esta!lish, oerate and maintain one Regional )ffice in each of the
administrative regions esta!lished !y law. A Regional )ffice shall
have, within its administrative region, the following functions2
617 ,mlement laws, rules, and regulations, other issuances,
olicies, lans, rograms and ro'ects of the >eartment"
687 1rovide efficient and effective service to local government"
697 Coordinate with regional offices of other deartments,
offices and agencies affecting local administration and
develoment"
6;7 Assist local government units in develoing their
caa!ilities for local government administration and
develoment" and
6<7 1erform such other functions as may !e delegated !y the
Secretary or as rovided !y law.
CHAPTER (
$EAGUES OF PROVINCES. CITIES AND MUNICIPA$ITIES
Secti! 19. "ea!ues of Provinces* Cities and unicipalities. # *here
is here!y created the :eagues of 1rovinces, Cities and Funicialities.
*he functions, !udget and records of the Gatiunan ng mga
Sanggunian (ational Secretariat and the 1am!ansang Gatiunan ng
mga 1unong ?ayan sa 1iliinas, shall !e transferred to the :eagues of
1rovinces, Cities and Funicialities. *he :eagues shall !e under the
suervision of the ?ureau of :ocal &overnment Suervision.
*he Secretary is here!y authoriAed to romulgate the necessary
imlementing rules that will activate these :eagues.
Tit-e XIII
TOURISM
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # *he State shall romote,
encourage and develo tourism as a ma'or national activity in which
rivate sector investment, effort and initiative are fostered and
suorted, and through which socio#economic develoment may !e
accelerated, foreign e%change earned, international visitors offered
the oortunity to travel to the 1hiliines and areciate its natural
!eauty, history and culture, and +iliinos themselves ena!led to see
more of their country and im!ued with greater ride in and
commitment to the nation.
Secti! 2. andate. # *he >eartment of *ourism shall !e the
rimary government agency charge with the resonsi!ility to
encourage, romote and develo tourism as a ma'or socio#economic
activity to generate foreign currency and emloyment and to sread
the !enefits of tourism to a wider segment of the oulation with the
suort, assistance and cooeration of !oth the rivate and u!lic
sectors, and to assure the safe, convenient, en'oya!le stay and travel
of the foreign and local tourists in the country.
Secti! %. Po-ers and (unctions. # *he >eartment shall have the
following owers and functions2
617 +ormulate olicies, lans, rograms and ro'ects for the
develoment of the tourism industry"
687 Administer, coordinate and suervise all activities of the
&overnment concerning tourism"
697 Advise the 1resident on the romulgation of laws relative to
the olicy, lans, rograms and ro'ects designed to romote
and develo the tourism industry"
6;7 Effect the removal of unnecessary !arriers to travel, the
integration and simlification of travel regulations as well as
their efficient, fair and courteous enforcement to assure
e%editious and hosita!le recetion of all tourists and
travelers"
6<7 Reresent the government in all such conferences and
meetings concerning tourism and travel and discharge such
resonsi!ilities of the government as may arise from treaties,
agreements and other commitments on tourism and travel to
which it is signatory"
6=7 +ormulate standards for tourism#oriented esta!lishments
that will rescri!e minimum levels of oerating 5uality and
efficiency in order to ensure that facilities, ersonnel and
services are maintained in accordance with acceta!le local
and international norms in the oerations of tourism#oriented
esta!lishments"
677 Arove the construction standards of accredited tourism#
oriented esta!lishments including hotels, resorts, inns, motels
and other related facilities and services and rescri!e
information reorting on the urchase, sale or lease of the said
esta!lishments and facilities"
6$7 1rovide the rotection, maintenance and reservation of
historical, cultural and natural assets which are tourist
attractions with the aroriate government agencies or with
the rivate sector or with the owners of said assets or
attractions"
697 0nderta3e research studies and surveys for the continuing
analysis of economic conditions and trends relating to tourism
and maintain a statistical data !an3 on the tourism industry"
61B7 >esign rograms to encourage rivate#sector investment
and articiation in tourism activities and ro'ects"
6117 Set u and organiAe foreign field offices for the urose of
overseeing all mar3eting and romotional activities and
imlementing rograms of the >eartment"
6187 Arrange, whenever deemed aroriate, for the
reclamation of any land ad'acent to or ad'oining a tourist Aone
in coordination with aroriate government agencies"
6197 >elegate any secific owers and functions in favor of the
regional offices to romote efficiency and effectiveness in the
delivery of u!lic service"
61;7 Enlist the aid, assistance and suort of any and all
government agencies, civil or military, in the imlementation of
the rovisions of laws ertaining to the >eartment or of its
rules and regulations"
61<7 E%ercise such owers and functions as may !e necessary,
roer, or incidental to the attainment of its mandate"
61=7 1erform such other functions as may !e rovided !y law.
Secti! &. ,r!anizational Structure. # *he >eartment shall consist
of the >eartment 1roer, >eartment Services, ?ureaus and )ffices,
Regional and +oreign )ffices.
*he >eartment 1roer shall consist of the )ffices of the Secretary
and 0ndersecretaries which shall !e resonsi!le for the rearation
and develoment of olicies, lans, rograms and ro'ects of the
>eartment.
CHAPTER 2
DEPARTMENT PROPER
Secti! '. ,ffice of the Secretary. # *he )ffice of the Secretary shall
consist of the Secretary and his immediate staff.
Secti! (. )ndersecretaries. # *he Secretary shall !e assisted !y
four 6;7 0ndersecretaries, namely2
617 0ndersecretary for 1lanning, 1roduct >eveloment and
Coordination, who shall !e resonsi!le for the )ffice of *ourism
>eveloment 1lanning, )ffice of 1roduct >eveloment and )ffice of
*ourism Coordination"
687 0ndersecretary for *ourism Services and Regional )ffices, who
shall !e resonsi!le for the )ffice of *ourism Standards and all
Regional )ffices"
697 0ndersecretary for *ourism 1romotions, who shall !e resonsi!le
for the ?ureau of ,nternational *ourism 1romotion, ?ureau of
>omestic *ourism 1romotion and )ffice of *ourism ,nformation" and
6;7 0ndersecretary for ,nternal Services, who shall !e resonsi!le for
the +inancial and Fanagement Service, Administrative Service and
:egal Service.
CHAPTER %
DEPARTMENT SERVICES
Secti! 7. Department Service Character and 1ead. # *he
>eartment Services shall !e essentially staff in character, each of
which shall !e headed !y a Service Chief. 619$77, sec. 1;7
Secti! 8. (inancial and ana!ement Service. # *he +inancial and
Fanagement Service shall rovide the >eartment with staff advice
and assistance on !udgetary, financial and management matters and
shall erform such other related functions as may !e assigned or
delegated to it !y the Secretary.
Secti! 9. %dministrative Service. # *he Administrative Service shall
rovide the >eartment with staff advice and assistance on ersonnel
information, records, communications, sulies, e5uiment,
collection, dis!ursements, security, other custodial wor3 and such
other related duties and resonsi!ilities as may !e assigned or
delegated to it !y the Secretary.
Secti! 1). "e!al Service. # *he :egal Service shall rovide the
>eartment with staff advice and assistance on all legal matters
affecting the >eartment and erform such other related functions as
may !e assigned or delegated to it !y the Secretary.
CHAPTER &
"UREAUS AND OFFICES
Secti! 11. +ureau and ,ffice Character and 1ead. # *he ?ureaus
and )ffices shall !e essentially staff in character, each of which shall
!e headed !y a Staff >irector.
Secti! 12. +ureau of Domestic Tourism Promotions and
/nformation. # *he ?ureau of >omestic *ourism 1romotions and
,nformation shall have the following functions2
617 )rganiAe and coordinate rograms of u!lic relations,
romotions, and u!licity" encourage domestic tourism and
encourage overseas visitors to travel throughout the
1hiliines"
687 >esign and rovide suort for dissemination of materials
for u!licity as tourist attractions in the 1hiliines" romote
educational and cultural tours to increase travel within the
country"
6;7 1lan romotional camaigns through advertising and
u!licity and coordinate romotional efforts with the rivate
sector through sales camaigns and information dissemination"
and
6<7 )rganiAe secial events for the romotion of local
destinations.
Secti! 1%. +ureau of /nternational Tourism Promotions. # *he
?ureau of ,nternational *ourism romotions shall have the following
functions2
617 &enerate favora!le u!licity on the 1hiliines"
687 >isseminate current information on the country and its
tourist roducts"
697 1rovide suort for the rivate sector in the romotional
camaign"
6;7 )rganiAe secial events to romote the country as a tourist
destination"
6<7 &ather mar3et intelligence and research information on
tourist mar3ets through the +oreign +ield )ffices"
6=7 Fonitor trends and develoments in international tourism
through the +oreign +ield )ffices"
677 )rganiAe, set u and articiate in international meetings,
conferences and conventions on tourism" and
6$7 Suervise foreign field offices charged with coordinating
and assisting in the mar3eting and romotional activities and
rograms of the >eartment.
Secti! 1&. ,ffice of Tourism /nformation. # *he )ffice of *ourism
,nformation shall have the following functions2
617 1romote a continuing wholesome and informative
relationshi !etween the >eartment and the travelling u!lic"
687 Cause the widest u!licity of e%isting and forthcoming
activities and rograms of the >eartment through a functional
relationshi with the media" and
697 )rganiAe and disseminate romotional and tourist
information materials to various tourist assistance centers.
Secti! 1'. ,ffice of Tourism Standards. # *he )ffice of *ourism
Standards shall have the following functions2
617 Arove the construction standards of tourism#oriented
esta!lishments including hotels, resorts, inns, motels, and
other related facilities and services, rescri!e information
reorting on urchase, sale or lease of accredited tourism#
oriented facilities and ensure a harmonious, ositive and
constructive develoment of the tourism, industry"
687 +ormulate oerating standards for tourism#oriented
esta!lishments including hotels and resorts, restaurants, inns,
motels, and other related facilities and services, that will
rescri!e minimum levels of oerating 5uality and efficiency in
order to ensure that facilities, ersonnel and services are
maintained in accordance with acceta!le local and
international norms in the oerations of tourism#oriented
esta!lishments"
697 Regulate and issue licenses to 5ualified travel agencies in
accordance with the rules and regulations romulgated !y the
Secretary"
6;7 Encourage formation of industry associations for
accreditations !y the >eartment"
6<7 Assist in auditioning +iliino entertainers in order to ro'ect
roerly and enhance the +iliino image in the entertainment
field and there!y gain !etter international resect and
reutation" and
6=7 Coordinate with all agencies concerned on the enforcement
of rules and regulations romulgated !y the >eartment.
Secti! 1(. ,ffice of Tourism Development Plannin!. # *he )ffice of
*ourism >eveloment 1lanning shall have the following functions2
617 +ormulate lans and olicies for the develoment of the
tourism industry, including !ut not limited to national tourism
lans and the identification of master hysical lans for
tourism Aones within the country"
687 Fonitor and evaluate lans, rograms and ro'ects of the
>eartment to ensure their effective imlementation"
697 0nderta3e research studies and surveys for the continuing
analysis of the tourism industry"
6;7 Comile and integrate statistical data on the tourism
industry and u!lish the same"
6<7 Coordinate and assist in the imlementation of tourism#
oriented ro'ects, lans or oerations of local governments,
governmental agencies, u!lic cororations, and where clearly
necessary and feasi!le, those of rivate entities so as to ma3e
ossi!le the accelerated and !alanced growth and develoment
of tourism in the 1hiliines which is resonsi!le to the needs
of targetted travel mar3ets, domestic and foreign, and
!eneficial to a greater num!er of +iliino communities"
6=7 AnalyAe secific geograhical areas with otential tourism
value leading to the rearation of a national tourism
develoment lan which will esta!lish the order of riority for
the develoment lan of tourist Aone"
677 +ormulate a government lan for each Aone in coordination
with other government agencies and local government units
e%ercising olitical 'urisdiction over the area, rovided, that the
lan of the Aone to !e develoed shall cover secifically those
asects ertaining to tourisms" rovided further, that the
tourism develoment lan is fully coordinated and integrated
with other sectoral lans for the area" and
6$7 Coordinate with aroriate local government units and
other government agencies to assist in formulating and
imlementing Aone regulations, including !uilding codes, hotel
standards and such other restrictions as may !e necessary
within a tourist Aone to control its orderly develoment"
reserve such historical, cultural or natural assets or relics
giving the Aone its tourism value and significance" and assure
adherence to aroved Aone develoment lans"
697 Ensure through roer coordination with aroriate
government agencies and local rivate agencies the social
growth of the community within a tourist Aone" carefully
control ossi!le negative social imact !rought a!out !y
tourism develoment.
Secti! 17. ,ffice of Product Development. # *he )ffice of 1roduct
>eveloment shall have the following functions2
617 >evelo and concetualiAe new roducts which can lead to
the enhancement of tourist sites and facilities"
687 0nderta3e ilot tests for testing the via!ility and
acceta!ility of new tourism#related roducts and rograms"
and
697 Encourage and romote 'oint underta3ings with the rivate
sector of new tourism#related roducts and rograms.
Secti! 18. ,ffice of Tourism Coordination. # *he )ffice of *ourism
Coordination shall have the following functions2
617 ,nitiate and coordinate with all sectors, !oth government
and rivate, the develoment of the national tourism lans and
olicies"
687 Coordinate riority activities and ro'ects of the
>eartment, and other government agencies, and the rivate
sector"
697 Enlist the assistance and suort of any or all of the
government agencies in the imlementation of the olicies of
the >eartment" and
6;7 1rovide suort to all tourism#related activities of the
rivate sector needing government assistance.
CHAPTER '
FOREIGN AND REGIONA$ OFFICES
Secti! 19. (orei!n (ield ,ffices. # Su!'ect to the aroval of the
1resident, the >eartment shall have foreign offices as may !e
necessary in the mar3eting and romotion of the 1hiliines as an
international tourist destination, which shall oversee and imlement
the mar3eting and romotional rograms of the >eartment.
Secti! 2). #e!ional ,ffice. # *he >eartment is authoriAed to
esta!lish, oerate and maintain a Regional )ffice in each of the
administrative regions of the country, under the immediate
suervision of the Assistant Secretary for *ourism Services and
Regional )ffices. A Regional )ffice shall !e headed !y a Regional
>irector and shall, within its administrative region, have the following
functions2
617 ,mlement laws, olicies, lans, rograms, rules and
regulations of the >eartment"
687 1rovide economical, efficient and effective service to the
eole"
697 Coordinate with regional offices of other deartments,
!ureaus, and agencies"
6;7 Coordinate with local government units" and
6<7 1erform such other functions as may !e rovided !y law.
CHAPTER (
ATTACHED AGENCIES
Secti! 21. %ttached %!encies. # *he 1hiliine *ourism Authority,
and 1hiliine Convention ?ureau, ,ntramuros Administration, and
(ational 1ar3s >eveloment Committee are here!y attached to the
>eartment and shall continue to oerate and function in accordance
with the resective chartersHlawsHorders rovided in this Code.
Tit-e XIV
ENVIRONMENT AND NATURA$ RESOURCES
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. #
617 *he State shall ensure, for the !enefit of the +iliino
eole, the full e%loration and develoment as well as the
'udicious disosition, utiliAation, management, renewal and
conservation of the countryEs forest, mineral, land, waters,
fisheries, wildlife, off#shore areas and other natural resources,
consistent with the necessity of maintaining a sound ecological
!alance and rotecting and enhancing the 5uality of the
environment and the o!'ective of ma3ing the e%loration,
develoment and utiliAation of such natural resources e5uita!ly
accessi!le to the different segments of the resent as well as
future generations.
687 *he State shall li3ewise recogniAe and aly a true value
system that ta3es into account social and environmental cost
imlications relative to the utiliAation, develoment and
conservation of our natural resources.
Secti! 2. andate. #
617 *he >eartment of Environment and (atural Resources
shall !e rimarily resonsi!le for the imlementation of the
foregoing olicy.
687 ,t shall, su!'ect to law and higher authority, !e in charge of
carrying out the StateEs constitutional mandate to control and
suervise the e%loration, develoment, utiliAation, and
conservation of the countryEs natural resources.
Secti! %. Guidelines for /mplementation. # ,n the discharge of its
resonsi!ility the >eartment shall !e guided !y the following
o!'ectives2
617 Assure the availa!ility and sustaina!ility of the countryEs
natural resources through 'udicious use and systematic
restoration or relacement, whenever ossi!le"
687 ,ncrease the roductivity of natural resources in order to
meet the demands for the roducts from forest, mineral, land
and water resources of a growing oulation"
697 Enhance the contri!ution of natural resources for achieving
national economic and social develoment"
6;7 1romote e5uita!le access to natural resources !y the
different sectors of the oulation" and
6<7 Conserve secific terrestrial and marine areas
reresentative of the 1hiliine natural and cultural heritage
for resent and future generations.
Secti! &. Po-ers and (unctions. # *he >eartment shall2
617 Advise the 1resident and the Congress on the enactment of
laws relative to the e%loration, develoment, use, regulation
and conservation of the countryEs natural resources and the
control of ollution"
687 +ormulate, imlement and suervise the imlementation of
the governmentEs olicies, lans and rograms ertaining to
the management, conservation, develoment, use and
relenishment of the countryEs natural resources"
697 1romulgate rules and regulations in accordance with law
governing the e%loration, develoment, conservation,
e%traction, disosition, use and such other commercial
activities tending to cause the deletion and degradation of our
natural resources"
6;7 E%ercise suervision and control over forest lands,
aliena!le and disosa!le u!lic lands, mineral resources and,
in the rocess of e%ercising such control, imose aroriate
ta%es, fees, charges, rentals and any such form of levy and
collect such revenues for the e%loration, develoment,
utiliAation or gathering of such resources"
6<7 0nderta3e the e%loration, assessment, classification and
inventory of the countryEs natural resources, using ground
surveys, remote sensing and comlementary technologies"
6=7 1romote roer and mutual consultation with the rivate
sector on matters involving natural resources e%loration,
develoment, use and conservation"
677 0nderta3e geological surveys of the whole country
including its territorial waters"
6$7 ,ssue licenses and ermits for activities related to the use
and develoment of a5uatic resources, treasure hunting,
salvaging of sun3en vessels and other similar activities2
697 Esta!lish olicies and imlement rograms for the2
6a7 Accelerated inventory, survey and classification of
lands, forest and mineral resources, using aroriate
technology, to !e a!le to come u with a more accurate
assessment of resource 5uality and 5uantity"
6!7 E5uita!le distri!ution of natural resources through
the 'udicious administration, regulation, utiliAation,
develoment and conservation of u!lic lands, forest,
water and mineral resources 6including mineral
reservation areas7, that would !enefit a greater num!er
of +iliinos"
6c7 1romotion, develoment and e%ansion of natural
resource#!ased industries"
6d7 1reservation of cultural and natural heritage through
wildlife conservation and segregation of national ar3s
and other rotected areas"
6e7 Faintenance of a wholesome natural environment !y
enforcing environmental rotection laws" and
6f7 Encouragement of greater eole articiation and
rivate initiative in rural resource management"
61B7 1romulgate rules and regulations necessary to2
6a7 Accelerate cadastral and emanciation atent
surveys, land use lanning and u!lic land titling2
6!7 Harness forest resources in a sustaina!le manner, to
assist rural develoment, suort forest#!ased
industries, and rovide raw materials to meet increasing
demands, at the same time 3eeing ade5uate reserves
for environmental sta!ility"
6c7 E%edite mineral resources surveys, romote the
roduction of metallic and non#metallic minerals and
encourage mineral mar3eting"
6d7 Assure conservation and 'udicious and sustaina!le
develoment of a5uatic resources.
6117 Assess, review and rovide direction to, in coordination
with concerned government agencies, energy research and
develoment rograms, including identification of sources of
energy and determination of their commercial feasi!ility for
develoment"
6187 Regulate the develoment, disosition, e%traction,
e%loration and use of the countryEs forest, land, water and
mineral resources"
6197 Assume resonsi!ility for the assessment, develoment,
rotection, licensing and regulation as rovided for !y law,
where alica!le, of all energy and natural resources" the
regulation and monitoring of service contractors, licensees,
lessees, and ermit for the e%traction, e%loration,
develoment and use of natural resources roducts" the
imlementation of rograms and measures with the end in
view of romoting close colla!oration !etween the government
and the rivate sector" the effective and efficient classification
and su!classification of lands of the u!lic domain" and the
enforcement of natural resources and environmental laws,
rules and regulations"
61;7 1romulgate rules, regulations and guidelines on the
issuance of licenses, ermits, concessions, lease agreements
and such other rivileges concerning the develoment,
e%loration and utiliAation of the countryEs marine, freshwater,
and !rac3ish water and over all a5uatic resources of the
country and shall continue to oversee, suervise and olice our
natural resources" cancel or cause to cancel such rivileges
uon failure, non#comliance or violations of any regulation,
order, and for all other causes which are in furtherance of the
conservation of natural resources and suortive of the
national interest"
61<7 E%ercise e%clusive 'urisdiction on the management and
disosition of all lands of the u!lic domain and serve as the
sole agency resonsi!le for classification, su!#classification,
surveying and titling of lands in consultation with aroriate
agencies"
61=7 ,mlement measures for the regulation and suervision of
the rocessing of forest roducts, grading and insection of
lum!er and other forest roducts and monitoring of the
movement of tim!er and other forest roducts"
6177 1romulgate rules and regulations for the control of water,
air and land ollution"
61$7 1romulgate am!ient and effluent standards for water and
air 5uality including the allowa!le levels of other ollutants and
radiations"
6197 1romulgate olicies, rules and regulations for the
conservation of the countryEs genetic resources and !iological
diversity, and endangered ha!itats"
68B7 +ormulate an integrated, multi#sectoral, and multi#
discilinary (ational Conservation Strategy, which will !e
resented to the Ca!inet for the 1residentEs aroval"
6817 1erform such other functions as may !e rovided !y law.
Secti! '. ,r!anizational Structure. # *he >eartment shall consist
of the >eartment 1roer, the Staff )ffices, the Staff ?ureaus, and
the Regional )ffices, 1rovincial )ffices and Community )ffices.
CHAPTER 2
THE DEPARTMENT PROPER
Secti! (. Composition. # *he >eartment 1roer shall !e comosed
of the )ffice of the Secretary, the )ffices of the 0ndersecretaries and
Assistant Secretaries, and the 1u!lic Affairs )ffice, Secial Concerns
)ffice, and the 1ollution Ad'udication ?oard.
Secti! 7. ,ffice of the Secretary. # *he )ffice of the Secretary shall
consist of the Secretary and his immediate staff.
Secti! 8. The Secretary. # *he Secretary shall2
617 Advise the 1resident on the romulgation of rules,
regulations and other issuances relative to the conservation,
management, develoment and roer use of the countryEs
natural resources"
687 Esta!lish olicies and standards for the efficient and
effective oerations of the >eartment in accordance with the
rograms of the government"
697 1romulgate rules, regulations and other issuances
necessary in carrying out the >eartmentEs mandate,
o!'ectives, olicies, lans, rograms and ro'ects.
6;7 E%ercise suervision and control over all functions and
activities of the >eartment"
6<7 >elegate authority for the erformance of any
administrative or su!stantive function to su!ordinate officials
of the >eartment" and
6=7 1erform such other functions as may !e rovided !y law or
assigned !y the 1resident.
Secti! 9. )ndersecretaries. # *he Secretary shall !e assisted !y five
6<7 0ndersecretaries uon the recommendation of the Secretary. *he
Secretary is there!y authoriAed to delineate, assign andHor reassign
the resective functional areas of resonsi!ility of each
0ndersecretary, 1rovided, *hat such resonsi!ility shall !e with
resect to the mandate and o!'ectives of the >eartment" and
1rovided, further, *hat no 0ndersecretary shall !e assigned rimarily
administrative resonsi!ilities. Within his functional area of
resonsi!ility, an 0ndersecretary shall have the following functions2
617 Advise the Secretary in the romulgation of >eartment
orders, administrative orders and other issuances, with resect
to his area of resonsi!ility"
687 E%ercise suervision and control over the offices, services,
oerating units and officers and emloyees under his
resonsi!ility"
697 1romulgate rules and regulations, consistent with
>eartment olicies, that will efficiently and effectively govern
the activities of units under his resonsi!ility"
6;7 Coordinate the functions and activities of the units under
his resonsi!ility with those of other units under the
resonsi!ility of other 0ndersecretaries"
6<7 E%ercise such authority on su!stantive and administrative
matters related to the functions and activities of units under
his resonsi!ility to the e%tent granted !y the Secretary
through administrative issuances" and
6=7 1erform such other functions as may !e rovided !y law or
assigned !y the Secretary.
Secti! 1). %ssistant Secretaries. # *he Secretary and the
0ndersecretaries shall, in the formulation, management and
imlementation of natural resources laws, olicies, lans and
rograms and ro'ects, also !e assisted !y seven 677 Assistant
Secretaries who shall !e resonsi!le for the following2 one 617 for
1olicy and 1lanning Studies, one 617 for +oreign#Assisted and Secial
1ro'ects, one 617 for +ield )erations in :uAon, one 617 for +ield
)erations in the @isayas, and one 617 for +ield )erations in
Findanao, one 617 for :egal Affairs, and one 617 for Fanagement
Services.
Secti! 11. Public %ffairs ,ffice. # *he 1u!lic Affairs )ffice, under
the )ffice of the Secretary, shall !e headed !y a >irector to !e
assisted !y an Assistant >irector, and shall serve as the u!lic
information arm of the >eartment. ,t shall !e resonsi!le for
disseminating information on natural resources develoment olicies,
lans, rograms and ro'ects and resond to u!lic 5ueries related to
the develoment and conservation of natural resources.
Secti! 12. Special Concerns ,ffice. # *he Secial Concerns )ffice,
also under the )ffice of the Secretary, shall !e headed !y a >irector
to !e assisted !y an Assistant >irector, and shall !e resonsi!le for
handling riority areas or su!'ects identified !y the Secretary which
necessitate secial and immediate attention.
Secti! 1%. Pollution %d8udication +oard. # *he 1ollution Ad'udication
?oard, under the )ffice of the Secretary, shall !e comosed of the
Secretary as Chairman, two 0ndersecretaries as may !e designated
!y the Secretary, the >irector of Environmental Fanagement, and
three others to !e designated !y the Secretary as mem!ers. *he
?oard shall assume the owers and functions of the
CommissionHCommissioners of the (ational 1ollution Control
Commission with resect to the ad'udication of ollution cases under
Reu!lic Act 9991 and 1residential >ecree 9$;, articularly with
resect to Section = letters 6e7, 6f7, 6g7, 6'7, 637 and 67 of 1.>. 9$;.
*he Environmental Fanagement ?ureau shall serve as the Secretariat
of the ?oard. *hese owers and functions may !e delegated to the
regional officers of the >eartment in accordance with rules and
regulations to !e romulgated !y the ?oard.
CHAPTER %
THE STAFF SECTORA$ "UREAUS
Secti! 1&. (orest ana!ement +ureau. # *he +orest Fanagement
?ureau shall !e headed !y a >irector and assisted !y an Assistant
>irector, and shall integrate and a!sor! the owers of the ?ureau of
+orest >eveloment and the Wood ,ndustry >eveloment Authority
which were a!olished !y E%ecutive )rder (o. 191, e%cet those line
functions and owers thereof which are transferred to the regional
field office.
,t shall advise the Secretary on matters ertaining to forest
develoment and conservation. As its rimary functions, it shall2
617 Recommend olicies andHor rograms for the effective
rotection, develoment, occuancy, management and
conservation of forest lands and watersheds, including the
graAing and mangrove areas" reforestation and reha!ilitation
of critically denuded or degraded forest reservations,
imrovement of water resource use and develoment,
develoment of national ar3s, reservation of wilderness
areas, game refuges and wildlife sanctuaries, ancestral lands,
wilderness areas and other natural reserves, develoment of
forest lantations, including rattan, !am!oo, and other
valua!le non#tim!er forest resources" and rationaliAation of the
wood#!ased industries, regulation of the utiliAation and
e%loitation of forest resources, including wildlife, to ensure
continuous suly of forest and goods and services"
687 Advise the regional offices in the imlementation of the
a!ove olicies andHor rograms"
697 >evelo lans, rograms, oerating standards and
administrative measures to romote the ?ureauEs o!'ectives
and functions"
6;7 Assist in the monitoring and evaluation of forestry and
watershed develoment ro'ects to ensure efficiency and
effectiveness"
6<7 0nderta3e studies on the economics of forestry and forest#
!ased industries, including suly and demand trends on the
local, national and international levels, identifying investment
ro!lems and oortunities in various areas" and
6=7 1erform such other functions as may !e rovided !y law or
assigned !y the Secretary.
Secti! 1'. "ands ana!ement +ureau. # *he :ands Fanagement
?ureau, to !e headed !y >irector and assisted !y an Assistant
>irector, shall a!sor! the functions and owers of the ?ureau of
:ands a!olished !y E%ecutive )rder (o. 191, e%cet those line
functions and owers thereof which are transferred to the regional
field offices.
,t shall advise the Secretary on matters ertaining to rational
management and disosition and shall have the following functions2
617 Recommend olicies and rograms for the efficient and
effective administration, surveys, management and disosition
of aliena!le and disosa!le lands of the u!lic domain and
other lands outside the resonsi!ilities of other government
agencies, such as reclaimed areas and other areas not needed
for or are not !eing utiliAed for the uroses for which they
have !een esta!lished"
687 Advise the Regional )ffices on the efficient and effective
imlementation of olicies, rograms and ro'ects for more
effective u!lic lands management"
697 Assist in the monitoring and evaluation of land surveys,
management and disosition of lands to ensure efficiency and
effectiveness thereof"
6;7 ,ssue standards, guidelines, regulations and orders to
enforce olicies for the ma%imiAation of land use and
develoment"
6<7 >evelo oerating standards and rocedures to romote
the ?ureauEs o!'ectives and functions" and
6=7 1erform such other functions as may !e rovided !y law or
assigned !y the Secretary.
Secti! 1(. ines and Geo&Sciences +ureau. # *he Fines and &eo#
Sciences ?ureau, to !e headed !y a >irector and assisted !y an
Assistant >irector shall a!sor! the functions of the ?ureau of Fines
and &eo#Sciences, Fineral Reservation >eveloment ?oard, and the
&old Fining >eveloment ?oard which were a!olished !y E%ecutive
)rder (o. 191, e%cet line functions and owers thereof which are
transferred to the regional field offices.
,t shall advise the Secretary on matters ertaining to geology and
mineral resources e%loration, develoment, utiliAation and
conservation and shall2
617 Recommend olicies, regulations or rograms ertaining to
mineral resources develoment and geology"
687 Advise the Secretary on the granting of mining rights and
contracts over areas containing metallic and non#metallic
mineral resources"
697 Advise the Regional )ffices on the effective imlementation
of mineral develoment and conservation rograms as well as
geological surveys"
6;7 Recommend olicies, regulations and oversee the
develoment and e%loitation of mineral resources of the sea
within the countryEs 'urisdiction such as silica sand, gold
lacer, magnetic and chromite sand, etc"
6<7 Assist in the monitoring and evaluation of the ?ureauEs
rograms and ro'ects to ensure efficiency and effectiveness
thereof"
6=7 >evelo and romulgate standards and oerating
rocedures on mineral resources develoment and geology"
677 Suervise and control the develoment and ac3aging of
nationally alica!le technologies on geological survey, mineral
resource assessment, mining and metallurgy" the rovision of
geological, metallurgical, chemical and roc3 mechanics
la!oratory services" the conduct of marine geological and
geohysical survey and natural e%loration drilling rograms"
and
6$7 1erform such other functions as may !e rovided !y law or
assigned !y the Secretary.
Secti! 17. Environmental ana!ement +ureau. # *he
Environmental Fanagement ?ureau, to !e headed !y a >irector who
shall !e assisted !y an Assistant >irector shall, su!'ect to the
rovisions of this Code relative to the 1ollution Ad'udication ?oard,
a!sor! and integrate the owers and functions of the (ational
Environmental 1rotection Council, the (ational 1ollution Control
Commission, and the Environmental Center of the 1hiliines which
are here!y a!olished.
,t shall advise the Secretary on matters relating to environmental
management, conservation, and ollution control, and shall2
617 Recommend ossi!le legislation, olicies and rograms for
environmental management and ollution control"
687 Advise the Regional )ffices in the efficient and effective
imlementation of olicies, rograms, and ro'ects for the
effective and efficient environmental management and
ollution control"
697 +ormulate environmental 5uality standards such as the
5uality standards for water, air, land, noise and radiations"
6;7 Recommend rules and regulation for environmental imact
assessments and rovide technical assistance for their
imlementation and monitoring"
6<7 +ormulate rules and regulations for the roer disosition
of solid wastes, to%ic and haAardous su!stances"
6=7 Advise the Secretary on the legal asects of environmental
management and ollution control and assist in the conduct of
u!lic hearings in ollution cases"
677 1rovide secretariat assistance to the 1ollution Ad'udication
?oard"
6$7 Coordinate the inter#agency committees that may !e
created for the rearation of the State of the 1hiliine
Environment Reort and the (ational Conservation Strategy"
697 1rovide assistance to the Regional )ffice in the formulation
and dissemination of information on environmental and
ollution matters to the general u!lic"
61B7 Assist the Secretary and the Regional )fficers !y
roviding technical assistance in the imlementation of
environmental and ollution laws" and
6117 1rovide scientific assistance to the Regional )ffices in the
conduct of environmental research rograms.
Secti! 18. Ecosystems #esearch and Development +ureau. # *he
Ecosystems Research and >eveloment ?ureau, to !e headed !y a
>irector and assisted !y an Assistant >irector, shall a!sor! the
owers and functions of the +orest Research ,nstitute and the
(ational Fangrove Committee, which are here!y a!olished.
,t shall2
617 +ormulate and recommend an integrated research rogram
relating to 1hiliine ecosystems and natural resources such as
minerals, lands, forests, as holistic and interdiscilinary fields
of in5uiry"
687 Assist the Secretary in determining a system of riorities
for the allocation of resources to various technological research
rograms of the deartment"
697 1rovide technical assistance in the imlementation and
monitoring of the aforementioned research rograms"
6;7 &enerate technologies and rovide scientific assistance in
the research and develoment of technologies relevant to the
sustaina!le uses of 1hiliine ecosystems and natural
resources" and
6<7 Assist the Secretary in the evaluation of the effectiveness
of the imlementation of the integrated research rograms.
*he Ecosystems Research and >eveloment ?ureau shall directly
manage and administer the +orest Research ,nstitute Research
)ffices, la!oratories, and forest e%eriment stations located at 01 :os
?aJos and such other field la!oratories as the Secretary may assign
to its direct suervision. *he ?ureau shall coordinate all technological
researches underta3en !y the field offices, assess and translate all
recommenda!le findings and disseminate such findings for all
ossi!le users and clientele.
Secti! 19. Protected %reas and Wildlife +ureau. # *he 1rotected
Areas and Wildlife ?ureau, to !e headed !y a >irector and assisted !y
an Assistant >irector, shall a!sor! the >ivision of 1ar3s and Wildlife
and the Farine 1ar3s 1rogram of the ?ureau of +orest >eveloment
as well as the Calauit &ame 1reserve and Wildlife Sanctuary,
1residential Committee on the Conservation of *amaraw, (inoy
A5uino 1ar3s and Wildlife Center 6formerly 1ar3s and Wildlife (ature
Center7, shares in Ga!uhayan 1rogram and Agro +orestry State
1ro'ects of the GGG 1rocessing Authority, all national ar3s, wildlife
sanctuaries and game reserves reviously managed and
administered !y the Finistry of Human Settlement including (ational
1ar3s Reservation situated in the rovinces of ?ulacan, RiAal, :aguna
and /ueAon formerly declared as ?agong :iunan Sites of said
Finistry, Fagat +orest Reservation and Ft. Arayat (ational 1ar3,
formerly with the Finistry of *ourism.
*he ?ureau shall2
617 +ormulate and recommend olicies, guidelines, rules and
regulations for the esta!lishment and management of an
,ntegrated 1rotected Areas Systems such as national ar3s,
wildlife sanctuaries and refuge, marine ar3s, and !iosheric
reserves"
687 +ormulate and recommend olicies, guidelines, rules and
regulations for the reservation of !iological diversity, genetic
resources, the endangered 1hiliine flora and fauna"
697 1reare an u#to#date listing of endangered 1hiliine flora
and fauna and recommend a rogram of conservation and
roagation of the same"
6;7 Assist the Secretary in the monitoring and assessment of
the management of the ,ntegrated 1rotected Areas System
and rovide technical assistance to the Regional )ffices in the
imlementation of rograms for these areas" and
6<7 1erform such other functions as may !e rovided !y law or
assigned !y the Secretary.
CHAPTER &
THE DEPARTMENT FIE$D OFFICES
Secti! 2). (ield ,ffices of the Department. # *he +ield offices of the
>eartment are the Environmental and (atural Resources Regional
)ffices in the thirteen 6197 administrative regions of the country" the
Environment and (atural Resources 1rovincial )ffice in every
rovince, and the Community )ffice in every municiality, whenever
deemed necessary.
Secti! 21. Environment and Natural #esources #e!ional ,ffice. # A
Regional )ffice shall !e directly under the suervision and control of
the 0ndersecretary for +ield )erations and shall !e headed !y a
Regional E%ecutive >irector 6with the ran3 of Regional >irector7 who
shall !e assisted !y five 6<7 Assistant Regional *echnical >irectors,
6with the ran3 of Assistant Regional >irector7, one 617 each for
+orestry, for :ands Fanagement, for Fines and &eo#Sciences,
Environmental Fanagement and Ecosystems Research, resectively,
and who shall !e Career E%ecutive Service )fficers.
An Environment and (atural Resources Regional )ffice shall !e
located in the identified regional caital and shall have the following
functions2
617 ,mlement laws, olicies, lans, rograms, ro'ects, and
rules and regulations of the >eartment to romote the
sustaina!ility and roductivity of natural resources, social
e5uity in natural resource utiliAation and environmental
rotection"
687 1rovide efficient and effective delivery of services to the
eole"
697 Coordinate with regional offices of other deartments,
offices, agencies in the region and local government units in
the enforcement of natural resource conservation laws and
regulations, and in the formulationHimlementation of natural
resource rograms and ro'ects"
6;7 Recommend and, uon aroval, imlement rograms and
ro'ects on forestry, minerals, and land management and
disosition"
6<7 Conduct a comrehensive inventory of natural resources in
the region and formulate regional short and long#term
develoment lans for the conservation, utiliAation and
relacement of natural resources"
6=7 Evolve resective regional !udget in conformity with the
riorities esta!lished !y the Regional >eveloment Councils"
677 Suervise the rocessing of natural resources roducts,
grade and insect minerals, lum!er and other wood rocessed
roducts, and monitor the movement of these roducts"
6$7 Conduct field researches for aroriate technologies
recommended for various ro'ects" and
697 1erform such other functions as may !e rovided !y law or
assigned !y the Secretary.
Secti! 22. Provincial and Community ,ffices. # *he (atural
resources rovincial and community offices shall each !e headed !y a
rovincial natural resource officer and community natural resource
officer, resectively. *hey shall ta3e over the functions of the district
offices of the former ?ureau of +orest >eveloment, ?ureau of :ands,
and ?ureau of Fines and &eo#Sciences.
CHAPTER '
ATTACHED AGENCIES AND CORPORATIONS
Secti! 2%. %ttached %!encies and Corporations. # *he following
agencies and cororations shall !e attached to and under the
administrative suervision of the >eartment2
617 (ational Faing and Research ,nformation Authority"
687 (ational Electrification Administration" and
697 (ational Resources >eveloment Cororation.
*he agencies attached to the >eartment shall continue to oerate
and function in accordance with the resective laws creating them,
e%cet as otherwise rovided in this Code.
Tit-e XV
TRANSPORTATION AND COMMUNICATIONS
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # *he State is committed to the
maintenance and e%ansion of via!le, efficient, fast, safe and
deenda!le transortation and communications systems as effective
instruments for national recovery and economic rogress. ,t shall not
comete as a matter of olicy with rivate enterrise and shall
oerate transortation and communications facilities only in those
areas where rivate initiatives are inade5uate or non#e%istent.
Secti! 2. andate. # *he >eartment of *ransortation and
Communications shall !e the rimary olicy, lanning, rogramming,
coordinating, imlementing, regulating and administrative entity of
the E%ecutive ?ranch of the government in the romotion,
develoment and regulation of deenda!le and coordinated networ3s
of transortation and communications systems as well as in the fast,
safe, efficient and relia!le ostal, transortation and communications
services.
Secti! %. Po-ers and (unctions.# *o accomlish its mandate, the
>eartment shall2
617 +ormulate and recommend national olicies and guidelines
for the rearation and imlementation of integrated and
comrehensive transortation and communications systems at
the national, regional and local levels"
687 Esta!lish and administer comrehensive and integrated
rograms for transortation and communications, and for this
urose, it may call on any agency, cororation or
organiAation, whether u!lic or rivate, whose develoment
rograms include transortation and communications as
integral arts thereof, to articiate and assist in the
rearation and imlementation of such rograms"
697 Assess, review and rovide direction to transortation and
communications research and develoment rograms of the
government in coordination with other institutions concerned"
6;7 Administer and enforce all laws, rules and regulations in
the field of transortation and communications"
6<7 Coordinate with the >eartment of 1u!lic Wor3s and
Highways in the design, location, develoment, reha!ilitation,
imrovement, construction, maintenance and reair of all
infrastructure ro'ects and facilities of the >eartment.
However, government cororate entities attached to the
>eartment shall !e authoriAed to underta3e secialiAed
telecommunications, orts, airorts and railways ro'ects and
facilities as directed !y the 1resident of the 1hiliines or as
rovided !y law"
6=7 Esta!lish, oerate and maintain a nationwide ostal system
that shall include mail rocessing, delivery services and money
order services and romote the art of hilately"
677 ,ssue certificates of u!lic convenience for the oeration of
u!lic land and rail transortation utilities and services"
6$7 Accredit foreign aircraft manufacturers or international
organiAations for aircraft certification in accordance with
esta!lished rocedures and standards"
697 Esta!lish and rescri!e rules and regulations for
identification of routes, Aones or areas of oeration of
articular oerators of u!lic land services"
61B7 Esta!lish and rescri!e rules and regulations for the
esta!lishment, oeration and maintenance of such
telecommunications facilities in areas not ade5uately served !y
the rivate sector in order to render such domestic and
overseas services that are necessary with due consideration for
advances in technology"
6117 Esta!lish and rescri!e rules and regulations for the
issuance of certificates of u!lic convenience for u!lic land
transortation utilities, such as motor vehicles, trimo!iles and
railways"
6187 Esta!lish and rescri!e rules and regulations for the
insection and registration of air and land transortation
facilities, such as motor vehicles, trimo!iles, railways and
aircraft"
6197 Esta!lish and rescri!e rules and regulations for the
issuance of licenses to 5ualified motor vehicle drivers,
conductors and airmen"
61;7 Esta!lish and rescri!e the corresonding rules and
regulations for enforcement of laws governing land
transortation, air transortation and ostal services, including
the enalties for violations thereof, and for the deutation of
aroriate law enforcement agencies in ursuance thereof"
61<7 >etermine, fi% or rescri!e charges or rates ertinent to
ostal services and to the oeration of u!lic air and land
transortation utility facilities and services, e%cet such rates
or charges as may !e rescri!ed !y the Civil Aeronautics ?oard
under its charter and, in cases where charges or rates are
esta!lished !y international !odies or associations of which the
1hiliines is a articiating mem!er or !y !odies or
associations recogniAed !y the 1hiliine government as the
roer ar!iter of such charges or rates"
61=7 Esta!lish and rescri!e the rules, regulations, rocedures
and standards for the accreditation of driving schools"
6177 Administer and oerate the Civil Aviation *raining Center
6CA*C7 and the (ational *elecommunications *raining ,nstitute
6(**,7" and
61$7 1erform such other owers and functions as may !e
rovided !y law.
Secti! &. ,r!anizational Structure. # *he >eartment shall consist
of the >eartment 1roer, the >eartment Regional )ffices, the :and
*ransortation +ranchising and Regulatory ?oard, and the Attached
Agencies.
CHAPTER 2
DEPARTMENT PROPER
Secti! '. ,ffice of the Secretary. # *he )ffice of the Secretary shall
consist of the Secretary, his immediate staff, the +ranchising Review
Staff and the ,nvestigation, Security and :aw Enforcement Staff.
*he +ranchising Review Staff shall !e headed !y a Review Staff
>irector with the same ran3, salary and rivileges of a >eartment
Regional >irector who shall !e aointed !y the 1resident uon the
recommendation of the Secretary. *he +ranchising Review Staff shall
assist the Secretary in the review of cases and matters ertaining to,
among others, grants of franchises and the regulation thereof.
*he ,nvestigation, Security and :aw Enforcement Staff shall !e
headed !y a Staff >irector with the same ran3, salary and rivileges
of a >eartment Service Chief. *he ,nvestigation, Security and :aw
Enforcement Staff shall !e resonsi!le for2 6a7 roviding security and
intelligence for the >eartment" 6!7 coordinating security and
intelligence activities of security units of its offices and attached
agencies" and 6c7 underta3ing law enforcement, functions and
activities relating to land transortation.
Secti! (. )ndersecretaries. # *he Secretary shall !e assisted !y
four 6;7 0ndersecretaries. Each 0ndersecretary shall have control and
suervision over the resective offices and services assigned to him
!y the Secretary.
Secti! 7. %ssistant Secretaries. # *he Secretary shall also !e
assisted !y eight 6$7 Assistant Secretaries each of whom shall !e
resonsi!le for the four 6;7 staff offices and four 6;7 line offices. Each
Assistant Secretary shall reort to the resective 0ndersecretary to
whom he is assigned !y the 1resident.
Secti! 8. Staff ,ffices. # *he >eartment shall have the following
staff offices2
617 *he )ffice of the Assistant Secretary for Administrative and
:egal Affairs comosed of the Administrative Service and the
:egal Service"
687 *he )ffice of the Assistant Secretary for +inance and
Comtrollershi comosed of the +inance and Fanagement
Service and the Comtrollershi Service"
697 *he )ffice of the Assistant Secretary for 1lanning and
1ro'ect >eveloment comosed of the 1lanning Service and the
1ro'ect >eveloment Service" and
6;7 *he )ffice of the Assistant Secretary for Fanagement
,nformation and 1ro'ect Fanagement comosed of the
Fanagement ,nformation Service and the 1ro'ect Fanagement
Service.
Secti! 9. "ine ,ffices. # *he >eartment shall have the following
line offices2
617 *he )ffice of the Assistant Secretary for :and
*ransortation"
687 *he )ffice of the Assistant Secretary for 1ostal Services"
697 *he )ffice of the Assistant Secretary for
*elecommunications" and
6;7 *he )ffice of the Assistant Secretary for Air *ransortation.
*he line offices shall each have an E%ecutive >irector who shall assist
the resective Assistant Secretary in the imlementation and
enforcement of the olicies, rograms and ro'ects, and the ertinent
laws on their resective areas of resonsi!ilities.
Secti! 1). Service )nits in the ,ffice of the %ssistant Secretary for
"and Transportation. # *here shall !e two service units in the )ffice of
the Assistant Secretary for :and *ransortation, namely2
617 :aw Enforcement Service, and
687 *raffic Ad'udication Service.
Each of the aforesaid service units shall !e headed !y a Service Chief
to !e aointed !y the 1resident uon recommendation of the
Secretary of *ransortation and Communication.
Secti! 11. (unctions of the "a- Enforcement Service. # *he :aw
Enforcement Service shall have the same functions and owers as
those that the former :aw Enforcement >ivision in the )ffice of the
Assistant Secretary for :and *ransortation e%ercised.
Secti! 12. (unctions of the Traffic %d8udication Service. # *he
*raffic Ad'udication Service shall have the following owers and
functions2
617 *o hear and decide cases involving violations of laws, rules
and regulations governing land transortation and to imose
fines andHor enalties therefor" rovided that violations
resulting in damage to roerty andHor hysical in'uries or
violations constituting offenses unisha!le under the Revised
1enal Code and other enal laws shall !e under the 'urisdiction
of the regular courts"
687 *o order the imounding of motor vehicles and confiscation
of lates or the arrest of violators of laws, rules and
regulations governing land transortation"
697 *o issue su!oena and su!oena duces tecum and to
summon witnesses to aear in any roceedings thereof, and
to administer oaths and affirmations"
6;7 *o romulgate rules and regulations governing the
roceedings !efore it" rovided that e%cet with resect to
aragrah c, the rules of rocedure and evidence revailing in
the courts of law shall not !e controlling and all reasona!le
means to ascertain the facts in each case shall !e used without
regard to technicalities of law and rocedures !ut all in the
interest of due rocess" and
6<7 *o erform such other functions and duties as may !e
rovided !y law, or as may !e necessary, or roer or
incidental to its owers and functions.
CHAPTER %
DEPARTMENT SERVICES
Secti! 1%. Department Services. # *he >eartment Services shall
include the following2
617 Administrative Service"
687 :egal Service"
697 +inance and Fanagement Service"
6;7 Comtrollershi Service"
6<7 1lanning Service"
6=7 1ro'ect >eveloment Service"
677 Fanagement ,nformation Service" and
6$7 1ro'ect Fanagement Service.
Each of the a!ove named services shall !e headed !y a Service Chief
aointed !y the 1resident uon the recommendation of the
Secretary.
CHAPTER &
REGIONA$ OFFICES
Secti! 1&. #e!ional ,ffices. # *he >eartment shall have three 697
Regional )ffices in each of the administrative regions of the country2
the Regional )ffice for :and *ransortation, the Regional )ffice for
*elecommunications and the Regional )ffice for 1ostal Services. Each
Regional )ffice shall !e headed !y a Regional >irector to !e assisted
!y an Assistant Regional >irector.
*he Regional )ffices shall essentially !e line in character and shall !e
resonsi!le for the delivery of all front line services of the
>eartment.
+or such uroses, the Regional )ffices shall have, within their
resective administrative regions, the following functions2
617 ,mlement laws, olicies, lans, rograms, ro'ects, rules
and regulations of the >eartment"
687 1rovide efficient and effective service to the eole"
697 Coordinate with regional offices of other deartments,
offices and agencies"
6;7 Coordinate with local government units" and
6<7 1erform such other functions as may !e rovided !y law.
*he )ffice of the Secretary shall have direct line suervision and
control over Regional )ffices.
CHAPTER '
REGU$ATORY "OARD
Secti! 1'. "and Transportation (ranchisin! and #e!ulatory +oard. #
*he 5uasi#'udicial owers and functions with resect to land
transortation shall !e e%ercised through the :and *ransortation
and Regulatory ?oard, hereinafter referred to as the 4?oard4.
Secti! 1(. Composition of the +oard. # *he ?oard shall !e
comosed of a Chairman and two 687 mem!ers with the ran3, salary
and rivileges of an Assistant Secretary, all of whom shall !e
aointed !y the 1resident of the 1hiliines uon recommendation
of the Secretary of *ransortation and Communications. )ne 617
mem!er of the ?oard shall !e a mem!er of the ?ar and shall have
!een engaged in the ractice of law in the 1hiliines for at least five
6<7 years, another a holder of a degree in civil engineering, and the
other a holder of a degree in economics, finance or management !oth
with the same num!er of years of e%erience and ractice.
Secti! 17. E2ecutive Director and Support Staff of the +oard. # *he
?oard shall have an E%ecutive >irector who shall also !e aointed
!y the 1resident of the 1hiliines uon the recommendation of the
Secretary of *ransortation and Communications. He shall have the
ran3, salary and rivileges of a >eartment Service Chief. He shall
assist the ?oard in the erformance of its owers and functions.
*he ?oard shall !e suorted !y the *echnical Evaluation >ivision,
:egal >ivision, Fanagement ,nformation >ivision, Administrative
>ivision and +inance >ivision.
Secti! 18. Supervision and Control ,ver the +oard. # *he Secretary
of *ransortation and Communications, through his duly designated
0ndersecretary, shall e%ercise administrative suervision and control
over the :and *ransortation +ranchising and Regulatory ?oard.
Secti! 19. Po-ers and (unctions of the "and Transportation
(ranchisin! and #e!ulatory +oard. # *he ?oard shall2
617 1rescri!e and regulate routes, economically via!le
caacities, and Aones or areas of oeration of u!lic land
transortation services rovided !y motoriAed vehicles in
accordance with the u!lic land transortation develoment
lans and rograms aroved !y the >eartment of
*ransortation and Communications"
687 ,ssue, amend, revise, susend or cancel Certificates of
1u!lic Convenience or ermits authoriAing the oeration of
u!lic land transortation services rovided !y motoriAed
vehicles, and rescri!e the aroriate terms and conditions
therefor"
697 >etermine, rescri!e, arove and eriodically review and
ad'ust reasona!le fares, rates and other related charges,
relative to the oeration of u!lic land transortation services
rovided !y motoriAed vehicles"
6;7 ,ssue reliminary or ermanent in'unctions, whether
rohi!itory or mandatory, in all cases in which it has
'urisdiction and in which cases the ertinent rovisions of the
Rules of Court shall aly"
6<7 1unish for contemt of the ?oard, !oth direct and indirect,
in accordance with the ertinent rovisions of, and the
enalties rescri!ed !y, the Rules of Court"
6=7 ,ssue su!oena and su!oena duces tecum and to
summon witnesses to aear in any roceedings of the ?oard,
to administer oaths and affirmations, and, in aroriate
cases, to order the search and seiAure of all vehicles and
documents, uon ro!a!le cause and as may !e necessary for
the roer disosition of the cases !efore it"
677 Conduct investigations and hearings of comlaints for
violation of the u!lic service laws on land transortation and
of the ?oardEs rules and regulations, orders, decisions or
rulings and to imose fines or enalties for such violations"
6$7 Review motu roio the decisionsHactions of the Regional
+ranchising and Regulatory )ffices"
697 1romulgate rules and regulations governing roceedings
!efore the ?oard and the Regional +ranchising and Regulatory
)ffice. However, e%cet with resect to aragrahs ;, <, =,
and 7 hereof, the rules of rocedure and evidence revailing in
the courts of law should not !e controlling !ut rather the sirit
and intention of said rules. *he ?oard and the Regional
+ranchising and Regulatory )ffices shall use every and all
reasona!le means to ascertain facts in each case seedily and
o!'ectively and without regard to technicalities of law and
rocedures, all in the interest of due rocess"
61B7 +i%, imose and collect, and eriodically review and
ad'ust, reasona!le fees and other related charges for services
rendered"
6117 +ormulate, romulgate, administer, imlement and
enforce rules and regulations on land transortation u!lic
utilities, standards of measurements or design, and rules and
regulations re5uiring oerators of any u!lic land
transortation service to e5ui, install and rovide in their
utilities and in their stations such devices, e5uiment, facilities
and oerating rocedures and techni5ues as may romote
safety, rotection, comfort and convenience to ersons and
roerty in their charges as well as the safety of ersons and
roerty within their areas of oeration"
6187 Coordinate and cooerate with other government
agencies and entities concerned with any asect involving
u!lic land transortation services with the end in view of
effecting continuing imrovement of such services" and
6197 1erform such other functions and duties as may !e
rovided !y law, or as may !e necessary, or roer or
incidental to the uroses and o!'ectives of the >eartment"
Secti! 2). Decisions of the +oard7 %ppeals therefrom or #evie-
Thereof . # *he ?oard, in the e%ercise of its owers and functions,
shall sit and render its decision en !anc. Every such decision, order,
or resolution of the ?oard must !ear the concurrence and signature
of at least two 687 mem!ers thereof.
*he decision, order or resolution of the ?oard shall !e aeala!le to
the Secretary within thirty 69B7 days from receit of the decision.
However, the Secretary may motu roio review and decision or
action of the ?oard !efore the same !ecomes final.
Secti! 21. #e!ional (ranchisin! and #e!ulatory ,ffices. # *here
shall !e a Regional +ranchising and Regulatory )ffice in each of the
administrative regions of the country which shall !e headed !y a
Regional >irector having the ran3, salary and rivileges of a
>eartment Assistant Regional >irector. *he Regional +ranchising
and Regulatory )ffices shall hear and decide uncontested
alicationsHetitions for routes, within their resective
administrative regions !ut that alicationsHetitions for routes
e%tending !eyond their resective territorial 'urisdiction shall !e
heard and decided !y the ?oard.
Secti! 22. %ppeals. # *he decisions, orders or resolutions of the
Regional +ranchising and Regulatory )ffices shall !e aeala!le to
the ?oard within thirty 69B7 days from receit of the decision.
CHAPTER (
ATTACHED AGENCIES
Secti! 2%. %ttached %!encies and Corporations. # *he following
agencies and cororations are attached to the >eartment2 *he
1hiliine (ational Railways, the Faritime ,ndustry Authority, the
1hiliine (ational :ines, the 1hiliine Aerosace >eveloment
Cororation, the Fetro Fanila *ransit Cororation, the )ffice of
*ransort Cooeratives, the 1hiliine 1orts Authority, the 1hiliine
Ferchant Farine Academy, the *oll Regulatory ?oard, the :ight Rail
*ransit Authority, the *ransort *raining Center, the Civil Aeronautics
?oard, the (ational *elecommunications Commission and the Fanila
,nternational Airort Authority.
Secti! 2&. (unctions of %ttached %!encies and Corporations. # *he
Agencies attached to the >eartment shall continue to oerate and
function in accordance with the resective charters or laws creating
them, e%cet when they conflict with this Code.
Tit-e XVI
SOCIA$ *E$FARE AND DEVE$OPMENT
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # *he State is committed to the
care, rotection, and reha!ilitation of individuals, families and
communities which have the least in life and need social welfare
assistance and social wor3 intervention to restore their normal
functioning and ena!le them to articiate in community affairs.
Secti! 2. andate. # *he >eartment shall rovide a !alanced
aroach to welfare where!y the needs and interests of the
oulation are addressed not only at the out!rea3 of crisis !ut more
imortantly at the stage which would ine%ora!ly lead to such crisis.
+ollowing such strategy, the >eartmentEs o!'ectives shall !e to2
617 Care for, rotect and reha!ilitate the hysically and
mentally handicaed and socially disa!led constituents, for
effective social functioning"
687 1rovide an integrated welfare ac3age to its constituents
on the !asis of their needs and coordinate the service facilities
re5uired from such deartments or agencies, governmental
and non#governmental, which can !est rovide them"
697 Arrest the further deterioration of the socially disa!ling or
dehumaniAing conditions of the disadvantaged segment of the
oulation at the community level" and
6;7 Advocate for olicies and measures addressing social
welfare concerns.
Secti! %. Po-ers and (unctions. # *o accomlish its mandate and
o!'ectives, the >eartment shall2
617 +ormulate, develo and imlement lans, rograms and
ro'ects in the field of social welfare and develoment"
687 Adot olicies to ensure effective imlementation of
rograms for u!lic and rivate social welfare services"
697 1romote, suort and coordinate the esta!lishment,
e%ansion and maintenance of non#government social welfare
facilities, ro'ects and services"
6;7 Esta!lish, oerate, maintain and otherwise suort
institutional facilities, ro'ects and services for its constituents"
6<7 1romote, !uild and strengthen eoleEs organiAations for a
self#directing welfare system at the grassroots level"
6=7 1romote, suort and coordinate networ3s and facilities for
the identification and delivery of aroriate interventions to
its welfare constituents"
677 Accredit institutions and organiAations engaged in social
welfare activities and rovide consultative and information
services to them"
6$7 0nderta3e researches and studies on matters ertaining to
its constituency"
697 ,nitiate, romote and maintain !ilateral and multi#lateral
lin3ages for technical cooeration, in coordination with the
>eartment of +oreign Affairs"
61B7 1rovide advisory services and develo and imlement
training standard and rograms for ersonnel, social wor3ers
and students and third#country articiants for career and staff
develoment in social welfare activities"
6117 >isseminate information and u!lish technical !ulletins on
social welfare and develoment"
6187 >eutiAe law enforcement agencies to assist in the
imlementation of laws, rules and regulations for the
rotection of the rights of the e%loited, a!used and
disadvantaged"
6197 Regulate fund drives, u!lic solicitations and donations for
charita!le or welfare uroses"
61;7 Set standards, accredit and monitor erformance of all
social welfare activities in !oth u!lic and rivate sectors"
61<7 E%ercise functional and technical suervision over social
wor3ers in other government settings or agencies li3e courts,
hositals, schools and housing ro'ects"
61=7 >eutiAe local government units and other agencies of
government as are necessary in roviding disaster relief"
6177 Coordinate all activities ertaining to the imlementation
of rograms and services for the disa!led, the aging and other
socially disadvantaged" and
61$7 1erform such other functions as may !e rovided !y law.
Secti! &. ,r!anizational Structure. #*he >eartment, aside from
the >eartment 1roer comrising the )ffice of the Secretary, the
)ffices of the 0ndersecretaries and Assistant Secretaries and the
Services, shall consist of the ?ureaus, Regional )ffices,
1rovincialHCity )ffices and FunicialH>istrict )ffices.
CHAPTER 2
DEPARTMENT PROPER
Secti! '. ,ffice of the Secretary. # *he )ffice of the Secretary shall
consist of the Secretary and the SecretaryEs immediate staff, and the
1u!lic Affairs and :iaison Service.
Secti! (. )ndersecretaries. # *he Secretary shall !e assisted !y two
687 0ndersecretaries, at least one of whom must !elong to the career
e%ecutive service. )ne 0ndersecretary shall suervise internal
oerations while the other 0ndersecretary shall handle the liaison
!etween the Secretary and the attached agencies of the >eartment.
Secti! 7. %ssistant Secretaries. # *he Secretary shall also !e
assisted !y three 697 career Assistant Secretaries who shall
resectively erform the following functions2
617 Suervise the 1ersonnel >eveloment Service"
Administrative Service and +inancial Service"
687 Suervise the ?ureau of Child and Douth Welfare" ?ureau
of WomenEs Welfare" ?ureau of +amily Community Welfare"
?ureau of Emergency Assistance" and ?ureau of >isa!le
1ersonEs Welfare"
697 Suervise the 1lanning and Fonitoring Service and the
:egal Service, and assist the 0ndersecretary and the Secretary
in matters ertaining to regional or field oerations.
CHAPTER %
DEPARTMENT SERVICES
Secti! 8. Services of the Department. #*he Services listed in
Section 7 617 and 697 hereof and the u!lic Affairs and :iaison Service
shall resectively have the following functions2
617 *he 1ersonnel >eveloment Service shall rovide the
>eartment with services relating to manower, career
lanning and develoment, ersonnel transactions, and
emloyee welfare"
687 *he +inancial Service shall rovide the >eartment with
services relating to !udget, collection, dis!ursement, and other
financial matters"
697 *he Administrative Service shall rovide the >eartment
with services relating to records, corresondence, sulies,
roerty and e5uiment, security and general services"
6;7 *he 1lanning and Fonitoring Service shall rovide technical
services to the >eartment in the areas or overall olicy
formulation, strategic and oerational lanning, management
systems or rocedures, and the evaluation and monitoring of
>eartment rograms, ro'ects and internal oerations"
6<7 *he :egal Service shall rovide the >eartment with
services on legal matters, esecially on roosed legislations"
6=7 *he 1u!lic Affairs and :iaison Service in the )ffice of the
Secretary shall rovide u!lic information services and
u!lications as well as coordinate and mo!iliAe volunteers,
non#governmental organiAations and cause#oriented grous in
artnershi with the >eartment.
Each of the Services shall !e headed !y a Staff >irector and
may have divisions whenever necessary for the erformance of
its functions.
CHAPTER &
"UREAUS AND OFFICES
Secti! 9. Composition. # *he Staff !ureaus listed in Section 7 687
hereof shall !e essentially staff in character and as such shall
e%ercise technical suervision over the Regional )ffices" shall !e
rimarily involved in the develoment of olicies and rograms within
their resective functional secialiAations" and shall formulate and
develo related olicies, guidelines and standards necessary in
guiding the Regional )ffices in the roer imlementation of such
olicies and rograms.
Secti! 1). (unctions. # Each of the staff !ureaus shall2
617 +ormulate rograms, olicies, rules, regulations and
standards relative to the imlementation of their resective
functional secialiAation"
687 ,nitiate and administer ilot or secial ro'ects for
demonstration of the corresonding olicies, rograms,
services, strategies, methods, rocedures and guidelines rior
to nationwide imlementation"
697 Audit, evaluate, and rovide technical assistance and
consultative services to oerating units and field offices and
local government welfare deartments on rogram
imlementation"
6;7 >evelo standards and assess agencies for licensing and
accreditation"
6<7 Review alications for regulatory uroses including ta%
e%emtions for foreign donations"
6=7 1rovide advisory services to non#governmental agencies
imlementing rograms and services for welfare and
develoment"
677 +ormulate the su!stantive content of, and assist in the
orientation and training on, the !ureausE rograms, services,
strategies, rocedures, methods and guidelines"
6$7 >evelo indigenous literature and other media materials for
clients, volunteers and other audiences"
697 1romote and develo a system of networ3ing and
coordination with relevant welfare councils"
61B7 0nderta3e studies and action researches on matters
ertaining to client welfare and develoment and roose
relevant olicies and amendments for legislation"
6117 Faintain lin3ages relative to welfare rograms or ro'ects
for national, regional and interregional cooeration.
Secti! 11. %reas of Specialization. # *he su!stantiveHfunctional
areas of secialiAation of the staff !ureaus shall !e2
617 ?ureau of Emergency Assistance # relief and reha!ilitation
of victims of natural calamities and social disorganiAation and
of cultural communities and other distressed and dislaced
ersons"
687 ?ureau of +amily and Community Welfare # assistance to
socially disadvantaged families and communities including
family lanning, lanning outreach rograms to develo their
caa!ility in defining needs and formulating solutions as well
as setting u via!le community structures which !ring a!out
desired social changes"
697 ?ureau of the >isa!led 1ersonEs Welfare # disa!ility
revention and reha!ilitation of the hysically, mentally and
socially disa!led ersons"
6;7 ?ureau of WomenEs Welfare # romoting womenEs welfare,
with secific attention to the revention or eradication of
e%loitation of women in any form, such as !ut not limited to
rostitution and illegal recruitment" as well as the romotion of
s3ills for emloyment and self#actualiAation"
6<7 ?ureau of Child and Douth Welfare # care and rotection of
a!andoned, neglected, a!used or e%loited children and youth,
delin5uents, offenders, the distur!ed, street children, victims
of rostitution and others, for their social ad'ustment and
economic self#sufficiency.
CHAPTER '
REGIONA$ OFFICES
Secti! 12. #e!ional ,ffice. # *he >eartment is here!y authoriAed
to esta!lish, oerate and maintain a Regional )ffice in each of the
administrative regions of the country.
Secti! 1%. (unctions. # A Regional )ffice shall2
617 1rovide within the region efficient and effective services to
its constituents" and for such uroses, esta!lish, oerate,
romote and suort, at the minimum, the following welfare
facilities2
6a7 @ocational Reha!ilitation and Secial Education
Center for the Handicaed"
6!7 Recetion and Study Center"
6c7 Reha!ilitation Center for Douth )ffenders"
6d7 >ay Care Centers"
687 Ensure the imlementation of laws, olicies, rograms,
rules, and regulations regarding social welfare and
develoment within the region"
697 Secure effective coordination with other deartments,
agencies, institutions and organiAations, esecially local
government units within the region"
6;7 Conduct continuing studies and lanning, to imrove its
services to its constituents.
Secti! 1&. Welfare (acilities. # *he Regional )ffices are here!y
authoriAed to esta!lish, oerate and maintain the following, insofar as
necessary and authoriAed !y the Secretary2
617 )ther @ocational Reha!ilitation and Secial Education
Centers for the Handicaed"
687 4Street Children4 Centers"
697 Centers for Douth with Secial (eeds"
6;7 )ther Centers for Douth )ffenders"
6<7 Homes for the Aged"
6=7 Homes for 0nwed Fothers"
677 >rug A!use Centers"
6$7 )ther Recetion and Study Centers" and
697 Such other facilities as may !e necessary to assist the
socially disadvantaged.
Secti! 1'. #e!ional Director. # *he Regional )ffice shall !e headed
!y a Regional >irector who shall !e resonsi!le for efficiently and
effectively carrying out its functions. *oward this end, and in line with
the olicy of decentraliAation, the Regional >irector shall !e vested
with the authority to e%ercise functional and administrative
suervision over >eartment rovincial oerations as delegated !y
the Secretary including the authority to contri!ute resources and
ersonnel to integrated region and rovince#wide develoment
thrusts.
*he Regional >irector shall !e assisted !y two 687 Assistant Regional
>irectors, one for rograms and one for administration.
CHAPTER (
PROVINCIA$0CITY OFFICES
Secti! 1(. Provincial6City ,ffice. # *he >eartment is here!y
authoriAed to esta!lish, oerate and maintain 1rovincialHCity )ffices
throughout the country with 'urisdiction over all
municialitiesHdistricts within the rovince. *he 1rovincialHCity )ffices
shall have the following functions2
617 +ormulate and coordinate the imlementation of
oerational, field#level lansHrograms of the >eartment"
687 1rovide secialiAed services and comrehensive assistance
to other deartmentHagency units whenever necessary"
697 Secure all ertinent feed!ac3 and information from field
units as well as aroriate deartmentHagency units,
articularly local government units, and communicate the
same regularly to the Regional )ffice"
6;7 Esta!lish and maintain a vocational reha!ilitation and
secial education rogram for the handicaed in the form and
magnitude aroriate for the needs of the rovince.
Secti! 17. Provincial6City Welfare ,ffice. # *he 1rovincialHCity
)ffice shall !e headed !y a 1rovincialHCity Social Welfare )fficer who
shall !e accounta!le for the efficient and effective erformance of its
functions and imlementation of rograms of the >eartment, within
the rovince. *he 1rovincialHCity Social Welfare officer shall e%ercise
functional administrative suervision over field oerations of the
>eartment, including the authority to recommend that field
resources and ersonnel !e contri!uted to integrated, municiality#
wide develoment efforts.
CHAPTER 7
MUNICIPA$0DISTRICT OFFICES
Secti! 18. unicipal6District ,ffice. # *he >eartment is here!y
authoriAed to esta!lish, oerate and maintain a FunicialH>istrict
)ffice to service a municiality or city district which shall !e headed
!y the Suervising Social Welfare )fficer and shall !e rimarily
resonsi!le for the efficient and effective imlementation of the
>eartmentEs field rograms in the municiality or city, under the
suervision of the 1rovincialHCity )ffice.
CHAPTER 8
ATTACHED AGENCIES
Secti! 19. %!encies )nder %dministrative Supervision and %ttached
%!encies. # *he 1oulation Commission Council for the Welfare of
Children, (ational (utrition Council and the (ational Council for the
Welfare of >isa!led 1erson and the agencies attached to the
>eartment shall continue to oerate and function in accordance with
their resective charters or laws creating them, e%cet as otherwise
rovided in this Code.
CHAPTER 9
FUND DRIVES
Secti! 2). Solicitation. # Any erson, cororation, organiAation, or
association desiring to solicit or receive contri!ution for charita!le or
u!lic welfare uroses shall first secure a ermit from the Regional
)ffices of the >eartment. 0on the filing of a written alication for
a ermit in the form rescri!ed !y the Regional )ffices of the
>eartment, the Regional >irector or his duly authoriAed
reresentative may, in his discretion, issue a ermanent or
temorary ermit or disarove the alication. ,n the interest of the
u!lic, he may in his discretion renew or revo3e any ermit issued
under Act ;B7<.
Secti! 21. #e$uirements. # *he Regional >irector of the
>eartment may re5uire the erson, cororation, organiAation or
association duly authoriAed to solicit contri!utions for the a!ove
mentioned uroses to su!mit from time to time a verified reort or
information regarding their activities, the eriod covered !y the
reort, the collection and e%enditures made and the names and
addresses of the contri!utors and ersons to whom assistance was
rendered from the funds o!tained. *his reorts or information shall
!e oen for insection of the general u!lic. *he Regional >irector or
his duly authoriAed reresentative may, for the rotection of the
u!lic, li3ewise investigate the !oo3s, aers, affairs and activities
related to the aforestated uroses of any such erson, cororation,
organiAation, or association2 1rovided, however, *hat the rovisions
of the receding Section shall not aly to any organiAation or
institution esta!lished for charita!le or u!lic welfare uroses in its
camaign for raising funds or soliciting u!lic su!scritions or any
means for collecting funds which has !een authoriAed !y E%ecutive
1roclamation.
Secti! 22. (ees. # 0on aroval of the alication for a solicitation
ermit, a fee of *wenty#+ive 1esos 618<.BB7 shall !e aid to the
cashier of the >eartment. *he money collected as fee for the
issuance of solicitation ermits shall accrue to the >eartment as aid
for the maintenance of its institutions and social services for its
clientele.
CHAPTER 1)
SOCIA$ *E$FARE AGENCIES AND SERVICES
Secti! 2%. Social Welfare Services by ,thers. # Social welfare
services !y the >eartment shall !e without re'udice to similar
efforts !y any local government unit or rivate agency, institution or
grou. All >eartment units shall actively romote and e%tend
ma%imum assistance, including the rovision of counterart or
sulementary funds and resources, uon aroval !y the Secretary,
to such efforts.
Secti! 2&. Social Wor. %!ency. #
617 (o social wor3 agency shall oerate and !e accredited as
such unless it is registered with the >eartment which shall
issue the corresonding certificate of registration.
687 ?efore any social wor3 agency shall !e duly registered, the
following re5uirements must have !een comlied with2
6a7 *he alicant must !e engaged mainly or generally
in social wor3 activity or social services"
6!7 *he alicant has emloyed a sufficient num!er of
duly 5ualified and registered social wor3ers to suervise
and ta3e charge of its social service functions in
accordance with acceted social wor3 standards"
6c7 *he alicant must show, in a duly certified financial
statement that at least si%ty 6=B7 ercent of its funds
are dis!ursed for direct social wor3 services" and
6d7 *he alicant 3ees a social wor3 record of all cases
and welfare activities handled !y it.
697 A certificate of registration may !e revo3ed if after due
investigation, the >eartment finds that the social wor3 agency
has failed to erform its function or has violated e%isting laws,
rules and regulations.
Secti! 2'. Child Welfare %!ency. #
617 (o erson, natural or 'uridical, shall esta!lish any child
welfare agency without first securing a license from the
>eartment. Such license shall not !e transfera!le and shall !e
used only !y the erson or institution to which it was issued at
the lace stated therein. (o license shall !e granted unless the
urose or function of the agency is clearly defined and stated
in writing. Such definition shall include the geograhical area
to !e served, the children to !e acceted for care, and the
services to !e rovided.
,f the alicant is a 'uridical erson, it must !e registered in
accordance with 1hiliine laws.
687 *he wor3 of all registered and licensed child welfare
agencies shall !e suervised and coordinated !y the
>eartment.
697 *he >eartment may, after notice and hearing, susend or
revo3e the license of a child welfare agency on any of the
following grounds2
6a7 *hat the agency is !eing used for immoral uroses"
6!7 *hat agency is insolvent or is not in a financial
osition to suort and maintain the children therein or
to erform the functions for which it was granted"
6c7 *hat the children therein are !eing neglected or are
undernourished"
6d7 *hat the lace is so unsanitary as to ma3e it unfit for
children"
6e7 *hat said agency is located in a lace or community
where children should not !e, or is hysically dangerous
to children or would unduly e%ose children to crime,
vice, immorality, corrution or severe cruelty" or
6f7 *hat said agency has !y any act or commission
shown its incometence or unworthiness to continue
acting as a child welfare agency. >uring the eriod of
susension, the agency concerned shall not accet or
admit any additional children. ,n any case, the
>eartment shall ma3e such order as to the custody of
the children under the care of such agency as the
circumstances may warrant. *he susension may last for
as long as the agency has not comlied with any order
of the >eartment to remove or remedy the conditions
which have given rise to the susension. *he aggrieved
agency may aeal the susension or revocation in a
roer court action. ,n such a case, the court shall
within fifteen 61<7 days from the filing of the
>eartmentEs answer, conduct a hearing and decide the
case, either !y lifting the susension, or continuing it for
such eriod of time as it may order, or !y revo3ing the
license of the agency where the >eartment has roven
the revocation to !e 'ustified.
Secti! 2(. (oster 1omes. # (o foster home, day care center and
other su!stitute arental arrangement shall oerate unless it is first
registered with and licensed !y the >eartment.
Tit-e XVII
"UDGET AND MANAGEMENT
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # *he national !udget shall !e
formulated and imlemented as an instrument of national
develoment, reflective of national o!'ectives and lans" suortive
of and consistent with the socio#economic develoment lans and
oriented towards the achievement of e%licit o!'ectives and e%ected
results, to ensure that the utiliAation of funds and oerations of
government entities are conducted effectively" formulated within the
conte%t of a regionaliAed governmental structure and within the
totality of revenues and other receits, e%enditures and !orrowings
of all levels of government and of government#owned or controlled
cororations" and reared within the conte%t of the national long#
term lans and !udget rograms of the &overnment.
Secti! 2. andate. # *he >eartment shall !e resonsi!le for the
formulation and imlementation of the (ational ?udget with the goal
of attaining our national socio#economic lans and o!'ectives.
*he >eartment shall !e resonsi!le for the efficient and sound
utiliAation of government funds and revenues to effectively achieve
our countryEs develoment o!'ectives.
Secti! %. Po-ers and (unctions. # *he >eartment of ?udget and
Fanagement shall assist the 1resident in the rearation of a national
resources and e%enditures !udget, rearation, e%ecution and
control of the (ational ?udget, rearation and maintenance of
accounting systems essential to the !udgetary rocess, achievement
of more economy and efficiency in the management of government
oerations, administration of comensation and osition classification
systems, assessment of organiAational effectiveness and review and
evaluation of legislative roosals having !udgetary or organiAational
imlications.
CHAPTER 2
DEPARTMENT PROPER
Secti! &. ,ffice of the Secretary. # *he )ffice of the Secretary shall
consist of his immediate staff, the ?udget Control Staff, Research
Staff, a Regional Coordination Staff for :uAon, and a Regional
Coordination Staff for @isayas and Findanao.
Secti! '. )ndersecretaries. # *he Secretary shall !e assisted !y five
6<7 0ndersecretaries, who shall all !e aointed !y the 1resident
uon the recommendation of the Secretary. *hey shall e%ercise
suervision over the offices, services, oerating units and individuals
under their authority and resonsi!ility.
Secti! (. %ssistant Secretaries. # *here shall !e five 6<7 Assistant
Secretaries, each of whom shall assist the Secretary and the
0ndersecretaries in the formulation, determination and
imlementation of laws, olicies, lans, rograms and ro'ects on
!udget and management and shall oversee the day#to#day
administration of the constituent units of the >eartment.
CHAPTER %
DEPARTMENT SERVICES
Secti! 7. ana!ement Services ,ffice. # *he Fanagement Services
)ffice shall consist of the following !ureaus2
617 *he Systems and 1rocedures ?ureau which shall review
and design the management reorting systems, review and
evaluate the alica!ility and economics of comuteriAation,
urchasingHinventory systems, formulate measures on internal
controls to ensure accuracy, integrity and relia!ility of records
systems, and develo a system of controls for caital
oerational and cash !udgeting"
687 *he )rganiAation and 1roductivity ,mrovement ?ureau
which shall develo erformance standards as !ases for
agency !udgeting and erformance evaluation, conduct studies
on wor3 simlification and methods imrovement, review the
e5uiment rocurement rograms of agencies, and reare
oerations manuals and conduct continuing studies on
organiAational changes of government agencies"
697 *he Comensation and 1osition Classification ?ureau which
shall classify ositions and determine aroriate salaries for
secific osition classes and review the comensation !enefits
rograms of agencies and shall design 'o! evaluation
rograms.
Secti! 8. The "e!islative* %dministrative and Procurement Services
,ffice. # *he :egislative, Administrative, 1rocurement and Services
)ffice shall consist of2
617 *he :egislative Services which shall rovide legal advice
and service to the >eartment )fficers and emloyees, review
legislative roosals and rovide clarificatory oinions on
!udget laws.
687 *he Administrative Services which shall rovide the
services relative to ersonnel, records management, allocation
of roerty and sulies, and shall erform security and
custodial functions.
697 *he 1rocurement Services which shall imlement an
integrated rograms for the rocurement of sulies and
materials for the >eartment.
Secti! 9. *he +inancial and Comuter Services. # *he +inancial and
Comuter Services shall consist of2
617 *he +inancial Services which shall rovide services relative
to cash management, !udgetary and financial matters.
687 *he >ata 1rocessing Service which shall rovide comuter
services, reare and generate management reorts, maintain
and oerate comuter#!ased monitoring systems.
CHAPTER &
"UREAUS
Secti! 1). The +ud!et ,perations ,ffice. # *he ?udget )erations
)ffice shall review and analyAe the wor3 and financial flows, the
!udgetary roosals of national and local government agencies and
cororations, chec3 each agencyEs comliance with the !udgetary
olicies and ro'ect riorities, determine the !udgetary imlications
of foreign assisted ro'ects from the time of ro'ect design to the
negotiation for financial assistance, reare recommendations for
fund releases, formulate and imlement fiscal olicies and lans for
!udget rearation and control, and conduct studies on economic
trends and factors affecting government revenues, e%enditures and
!orrowings. ,t shall consist of the following ?ureaus2
617 (ational &overnment ?udget ?ureaus A and ? which shall
evaluate and review the !udgetary roosals, wor3 and
financial flows of the national government and ensure its
comliance with !udgetary olicies and ro'ect riorities of the
!ureaus assigned to each grou.
687 :ocal &overnment ?udget ?ureau which shall recommend
and effect the release of (ational Assistance for :ocal
&overnment 6(A:&07 funds and those for autonomous regions
!ased on aroved wor3 and financial lans as limited !y the
Secretary.
697 &overnment Cororation ?udget ?ureau which shall
evaluate and analyAe the !udgetary roosals, lans and
financial flows of government cororations and agencies and
ensure its comliance with !udgetary olicies and ro'ect
riorities"
6;7 ?udget 1lanning ?ureau which shall assist the Secretary in
the rearation and management of fiscal olicies and lans
for !udget coordination, conduct studies on economic trends
and factors affecting government revenues, e%enditures and
!orrowings, and shall colla!orate with the )ffice of the
1resident, >eartment of +inance, Central ?an3, (ational
Economic and >eveloment Authority, and other agencies in
the formulation of financial lans.
6<7 +oreign Assisted 1ro'ects ?ureau which shall review and
evaluate foreign assisted ro'ects to determine the annual
funding re5uirements of certain ro'ects identified !y
imlementing agencies and suorted !y foreign funding"
assist the Secretary in determining the !udgetary imlications
of foreign assisted ro'ects from the time of ro'ect design to
negotiations for financial assistance" ensure the concurrence of
the Secretary of ?udget on all loan agreements" evaluate the
wor3#financial lan of ro'ects chargea!le against the +oreign
Assistance 1ro'ects 6+A1S7 suort fund" and recommend and
effect the releases from such fund !ased on the aroved wor3
financial lans as may !e directed !y the Secretary.
Secti! 11. National %ccountin! and (inance ,ffice. # *he (ational
Accounting and +inance )ffice shall ta3e charge of the maintenance
of the data !an3 of financial information and shall rovide the
necessary data re5uired !y the 1resident, fiscal agencies and
international financial institutions, analyAe and evaluate the accounts
and overall financial erformance of the government, and suervise
the management of the accounts of government agencies and
instrumentalities. ,t shall consist of the following ?ureaus2
617 (ational &overnment Account and +inance ?ureau"
687 :ocal &overnment Accounting and +inance ?ureau" and
697 &overnment Cororate Accounting and +inance ?ureau.
Secti! 12. #e!ional ,ffices. # *he Regional )ffices shall imlement
the olicies, rograms, standards and guidelines on !udget
administration and management in the regions.
Tit-e XVIII
SCIENCE AND TECHNO$OGY
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # *he State shall2
617 Suort and encourage local scientific and technological
efforts that address national and local ro!lems and ositively
contri!ute to national develoment"
687 1romote the develoment of local caa!ility in science and
technology to achieve technological self#reliance in selected
areas that are vital to national develoment"
697 Suort and encourage u!lic and rivate sector
artnershi aimed at accelerating self#reliance in the selected
areas" and
6;7 Encourage and suort rivate sector initiatives in science
and technology and rovide the necessary incentives and
assistance to ena!le the rivate sector to ta3e increasing
resonsi!ility and a greater role in the countryEs research and
develoment efforts.
Secti! 2. andate. # *he >eartment shall rovide central
direction, leadershi and coordination of scientific and technological
efforts and ensure that the results therefrom are geared and utiliAed
in areas of ma%imum economic and social !enefits for the eole.
*he >eartment shall formulate and imlement olicies, lans,
rograms and ro'ects for the develoment of science and technology
and for the romotion of scientific and technological activities for !oth
the u!lic and rivate sectors and ensure that the results of scientific
and technological activities are roerly alied and utiliAed to
accelerate economic and social develoment.
*he >eartment shall continually review the state and needs of
science and technology in the conte%t of the countryEs develomental
goals.
Secti! %. Po-ers and (unctions. # *o accomlish its mandate, the
>eartment shall2
617 +ormulate and adot a comrehensive (ational Science
and *echnology 1lan including secific goals, olicies, lans,
rograms and ro'ects !ased on the recommendation of the
,nter#Council Review ?oard and, uon aroval !y the
1resident, monitor and coordinate its funding and
imlementation !y all government agencies and
instrumentalities"
687 1romote, assist and where aroriate, underta3e scientific
and technological research and develoment in those areas
which are determined to !e vital to the countryEs develoment
and offer otimum returns for the resources emloyed"
697 1romote the develoment of indigenous technology and
adatation and innovation of suita!le imorted technology and
in this regard, underta3e technology develoment u to the
commercial state, refera!ly in 'oint venture with the rivate
sector or with u!lic agencies"
6;7 0nderta3e design and engineering wor3 to comlement its
research and develoment functions"
6<7 1romote, assist and where aroriate underta3e the
transfer of the results of scientific and technological research
and develoment, to their end#users"
6=7 1romote, assist and where aroriate underta3e
technological services needed !y agriculture, industry,
transort and the general u!lic"
677 >evelo and maintain an information system and data#
!an3 on science and technology for use !y !oth the u!lic and
rivate sectors"
6$7 >evelo and imlement, together with other entities
concerned, rograms for strengthening scientific and
technological caa!ilities in the relevant disciline through
manower training, and through infrastructure and institution
!uilding and rationaliAation, in !oth the u!lic and rivate
sectors"
697 1romote u!lic consciousness of science and technology"
61B7 0nderta3e olicy research, technology assessment
studies, feasi!ility studies and technical studies" and
6117 1erform such other functions as may !e rovided !y law.
Secti! &. Structural ,r!anization. # *he >eartment shall consist of
the )ffice of the Secretary, 0ndersecretaries and Assistant
Secretaries, the Services, ,nter#Council Review ?oard, Sectoral
lanning Councils, ,nstitutes and Regional )ffices. *he Secretary shall
have suervision and control of the >eartment e%cet the ,nter#
Council Review ?oard and the Sectoral 1lanning Councils over which
he shall only e%ercise administrative suervision.
CHAPTER 2
DEPARTMENT PROPER
Secti! '. ,ffice of the Secretary. # *he )ffice of the Secretary shall
consist of the Secretary and his immediate staff.
Secti! (. )ndersecretaries. # *he Secretary shall !e assisted !y
three 697 0ndersecretaries, one for research and develoment, one
for regional oerations and one for scientific and technical services.
*he 0ndersecretaries shall have suervision over the ,nstitutes under
their resective functional areas of resonsi!ility.
Secti! 7. %ssistant Secretaries. # *he Secretary shall also !e
assisted !y three 697 Assistant Secretaries.
CHAPTER %
SERVICES
Secti! 8. Services. # *he Services of the >eartment shall consist
of the following2
617 1lanning and Evaluation Service, which shall !e resonsi!le
for roviding the >eartment with efficient and effective
services relating to lanning, rograms and ro'ect monitoring
and develoment"
687 +inancial and Fanagement Service, which shall !e
resonsi!le for roviding the >eartment with efficient and
effective staff advice and assistance on !udgetary, financial,
and management imrovement matters"
697 Administrative and :egal Service, which shall !e
resonsi!le for roviding the >eartment with efficient and
effective services relating to ersonnel, information, records,
sulies, e5uiment collections, dis!ursement, security and
custodial wor3, and all legal matters.
CHAPTER &
"OARD. COUNCI$S AND INSTITUTES
Secti! 9. /nter&Council #evie- +oard. # *here shall !e an ,nter#
Council Review ?oard, comosed of the Secretaries or their
designated 0ndersecretaries who are mem!ers of the sectoral
lanning councils under Sections 1B, 11, 18, 19, 1;, and 1<, and
shall !e chaired !y the Secretary of Science and *echnology.
*he main function of the ?oard shall !e to review the lans of the
sectoral lanning councils and the (ational Science and *echnology
1lan and, in connection therewith, shall !e assisted !y the 1lanning
and Evaluation Service.
Secti! 1). Sectoral Plannin! Councils. # *here shall !e five 6<7
sectoral lanning councils as follows2
617 1hiliine Council for ,ndustry and Energy Research and
>eveloment, for industry and energy and mineral resources"
687 1hiliine Council for Health Research and >eveloment for
health"
697 1hiliine Council for Agriculture, +orestry and (atural
Resources Research and >eveloment, for agriculture and
forestry resources"
6;7 1hiliine Council for A5uatic and Farine Research and
>eveloment, for a5uatic and marine resources" and
6<7 1hiliine Council for Advanced Science and *echnology
Research and >eveloment, for advanced science and
technology.
Each of the councils shall !e resonsi!le, in its resective sector, for
the formulation of strategies, olicies, lans, rograms and ro'ects
for science and technology develoment" for rogramming and
allocation of government and e%ternal funds for research and
develoment" for monitoring of research and develoment ro'ects"
and for the generation of e%ternal funds.
Each council shall have a secretariat which shall !e headed !y an
E%ecutive >irector who shall !e aointed !y the 1resident uon the
recommendation of the Secretary.
Secti! 11. Philippine Council for /ndustry and Ener!y #esearch and
Development. # *he 1hiliine Council for ,ndustry and Energy
Research and >eveloment shall !e under the administrative
suervision of the >eartment, and shall consist of the Secretary as
Chairman and eight 6$7 mem!ers, as follows2 Secretary of *rade and
,ndustry, Secretary of *ransortation and Communications, Secretary
of 1u!lic Wor3s and Highways or their designated 0ndersecretaries,
and E%ecutive >irector of the Council Secretariat, and four 6;7
reresentatives of the rivate sector in the field of industry and
energy, who are chief e%ecutive officers of their resective comanies
in the field of industry or energy or are ac3nowledged leaders in their
rofessions to !e aointed !y the 1resident, in their ersonal
caacity, uon recommendation of the Secretary, each of whom shall
!e for a term of two 687 years" 1rovided, however, that the tenure of
the mem!ers first aointed !y the 1resident shall !e as follows2 two
687 for one 617 year and two 687 for two 687 years, as fi%ed in their
resective aointments. *he mem!ers shall serve and continue to
hold office until their resective successors shall have !een duly
aointed and 5ualified. Aointment to any vacancy in the Council
shall !e !y the 1resident and shall only !e for the une%ired ortion
of the term of the redecessor.
Secti! 12. Philippine Council for %!riculture and (orestry #esearch
and Development. # *he 1hiliine Council for Agriculture and
+orestry Research and >eveloment shall !e under the administrative
suervision of the >eartment, and shall consist of the Secretary as
Chairman and eight 6$7 mem!ers, as follows2 Secretary of Agriculture
and +ood, Secretary of (atural Resources or their designated
0ndersecretaries, Chancellor of the 0niversity of the 1hiliines at
:os ?aJos, Administrator of the (ational +ood Authority and
E%ecutive >irector of the Council Secretariat and three 697
reresentatives of the rivate sector in the fields of agriculture or
forestry, who are chief e%ecutive officers of their resective
comanies in the field of agriculture or forestry or are ac3nowledged
leaders in their rofessions to !e aointed !y the 1resident, in their
ersonal caacity, uon recommendation of the Secretary, each of
whom shall !e for a term of two 687 years" 1rovided, however, that
the tenure of the mem!ers first aointed !y the 1resident shall !e
as follows2 one 617 for one 617 year and two 687 for two 687 years, as
fi%ed in their resective aointments. *he mem!ers shall serve and
continue to hold office until their successors shall have !een duly
aointed and 5ualified. Aointment to any vacancy in the Council
shall !e !y the 1resident and shall only !e for the une%ired ortion
of the term of the redecessor.
Secti! 1%. Philippine Council for 1ealth #esearch and
Development. # *he 1hiliine Council for Health Research and
>eveloment shall !e under the administrative suervision of the
>eartment, and shall consist of the Secretary as Chairman and eight
6$7 mem!ers, as follows2 Secretary of Health or his designated
0ndersecretary, Chancellor of the 0niversity of the 1hiliines of
Fanila, E%ecutive >irector of the (ational (utrition Council, E%ecutive
>irector of the Council Secretariat, and four 6;7 reresentatives of
the rivate sector in the field of health, who are chief e%ecutive
officers of their resective comanies in the field of health or are
ac3nowledged leaders in their rofessions to !e aointed !y the
1resident, in their ersonal caacity, uon recommendation of the
Secretary, each of whom shall !e for a term of two 687 years"
however, that the tenure of the mem!ers first aointed !y the
1resident shall !e as follows2 two 687 for one 617 year and two 687 for
two 687 years, as fi%ed in their resective aointments. *he
mem!ers shall serve and continue to hold office until their successors
shall have !een duly aointed and 5ualified. Aointment to any
vacancy in the Council shall !e !y the 1resident and shall only !e for
the une%ired ortion of the term of the redecessor.
Secti! 1&. Philippine Council for %$uatic and arine #esearch and
Development. # *he 1hiliine Council for A5uatic and Farine
Research and >eveloment shall !e under the administrative
suervision of the >eartment, and shall consist of the Secretary as
Chairman, and eight 6$7 mem!ers as follows2 Secretary of Agriculture
and +ood, Secretary of (atural Resources or their designated
0ndersecretaries, E%ecutive >irector of the Council Secretariat, two
687 reresentatives from the academicHresearch institution and three
697 reresentatives from the rivate sector who are chief e%ecutive
officers of their resective comanies in the field of a5uaculture or
marine research or develoment or are ac3nowledged leaders of their
rofessions to !e aointed !y the 1resident, in their ersonal
caacity, uon recommendation of the Secretary, each of whom shall
!e for a term of two 687 years" 1rovided, however, that the terms of
the mem!ers first aointed !y the 1resident shall !e as follows2 two
687 for one 617 year and the other three 697 for two 687 years, as
fi%ed in their resective aointments. *he mem!ers shall serve and
continue to hold office until their successors shall have !een duly
aointed and 5ualified. Aointment to any vacancy in the Council
shall !e !y the 1resident and shall only !e for the une%ired ortion
of the term of the redecessor.
Secti! 1'. Philippine Council for %dvanced Science and Technolo!y
#esearch and Development. # *he 1hiliine Council for Advanced
Science and *echnology Research and >eveloment shall !e under
the Administrative suervision of the >eartment and shall consist of
the Secretary as Chairman and eight 6$7 mem!ers, as follows2
Secretary of Education, Culture and Sorts or his designated
0ndersecretary, 1resident of the 0niversity of the 1hiliines System,
two 687 reresentatives from the government sector, and four 6;7
reresentatives from the rivate sector in the field of advanced
science research, all of whom shall !e aointed !y the 1resident, in
their ersonal caacity, uon recommendation of the Secretary, each
of whom shall serve for a term of two 687 years.
Secti! 1(. /nstitutes. # *he ,nstitutes of the >eartment are the
following, which shall !e line in character2 ,ndustrial *echnology
>eveloment ,nstitute" 1hiliine (uclear Research ,nstitute" +ood
and (utrition Research ,nstitute" +orest 1roducts Research and
>eveloment ,nstitute" 1hiliine *e%tile Research ,nstitute"
Advanced Science and *echnology ,nstitute" Science Education
,nstitute" Science and *echnology ,nformation ,nstitute" and
*echnology Alication 1romotion ,nstitute" 1hiliine Atmosheric,
&eohysical and Astronomical Services Administration, and 1hiliine
,nstitute of @olcanology and Seismology. Each ,nstitute shall !e
headed !y a >irector, who shall !e aointed !y the 1resident uon
the recommendation of the Secretary and shall !e assisted !y one or
more >euty >irectors as may !e necessary.
Secti! 17. /ndustrial Technolo!y Development /nstitute. # *he
,ndustrial *echnology >eveloment ,nstitute shall have the following
functions2
617 0nderta3e alied research and develoment to develo
technologies and technological innovations in the field of
industrial manufacturing, mineral rocessing and energy"
687 0nderta3e the transfer of research results directly to end#
users or refera!ly via lin3age units of other government
agencies"
697 0nderta3e technical services, such as !ut not limited to,
standards, analytical and cali!ration services mandated !y law
or as needed !y industry" and
6;7 Conduct training and rovide technical advisory and
consultancy services to industry clientele and end#users.
Secti! 18. Philippine Nuclear #esearch /nstitute. # *he 1hiliine
(uclear Research ,nstitute shall have the following functions2
617 Conduct research and develoment on the alication of
radiation and nuclear materials, rocesses and techni5ues in
agriculture, food, health, nutrition and medicine and in
industrial or commercial enterrises"
687 0nderta3e the transfer of research reactors and other
radiation facilities" and
697 :icense and regulate activities relative to roduction,
transfer, and utiliAation of nuclear and radioactive su!stances.
Secti! 19. (ood Nutrition #esearch /nstitute. # *he +ood (utrition
Research ,nstitute shall have the following functions2
617 0nderta3e research that defines the citiAenryEs nutritional
status, with reference articularly to the malnutrition ro!lem,
its causes and effects, and identify alternative solutions to
them"
687 >evelo and recommend olicy otions, strategies,
rograms and ro'ects, which address the malnutrition
ro!lem for imlementation !y the aroriate agencies" and
697 >isseminate research findings and recommendations to the
relevant end#users.
Secti! 2). (orest Products #esearch and Development /nstitute. #
*he +orest 1roducts Research and >eveloment ,nstitute shall have
the following functions2
617 Conduct alied research and develoment in secondary
and tertiary rocessing for the forest#!ased industry to
generate information and technology which can imrove the
utility value of wood and other forest roducts"
687 0nderta3e the transfer or comleted researches directly to
the end#users or via lin3age units of other government
agencies"
697 0nderta3e technical services and rovide training
rograms.
Secti! 21. Philippine Te2tile #esearch /nstitute. # *he 1hiliine
*e%tile Research ,nstitute shall have the following functions2
617 Conduct alied research and develoment for the te%tile
industry sector"
687 0nderta3e the transfer of comleted researches to end#
users or via lin3age units for other government agencies" and
697 0nderta3e technical services and rovide training
rograms.
Secti! 22. %dvanced Science and Technolo!y /nstitute. # *he
Advanced Science and *echnology ,nstitute shall have the following
functions2
617 0nderta3e long#term researches to strengthen and
moderniAe science and technology infrastructure"
687 Conduct research and develoment wor3 in the advanced
fields of studies including !iotechnology and microelectronics"
and
697 Comlement the overall endeavor in the scientific field with
intensive activities in the comuter and information
technologies.
Secti! 2%. Science Education /nstitute. # *he Science Education
,nstitute shall have the following functions2
617 0nderta3e science education and training"
687 Administer scholarshis, awards and grants"
697 0nderta3e science and technology manower develoment"
and
6;7 +ormulate lans and esta!lish rograms and ro'ects for
the romotion and develoment of science and technology
education and training in coordination with the >eartment of
Education, Culture and Sorts, and other institutions of
learning in the field of science and technology.
Secti! 2&. Science and Technolo!y /nformation /nstitute. # *he
Science and *echnology ,nformation ,nstitute shall have the following
functions2
617 Esta!lish a science and technology data!an3 and li!rary"
687 >isseminate science and technology information" and
697 0nderta3e training on science and technology information.
Secti! 2'. Technolo!y %pplication and Promotion /nstitute. # *he
*echnology Alication and 1romotion ,nstitute 6*A1,7 whose rimary
resonsi!ility is to serve as the imlementing arm of the >eartment
in romoting the commercialiAation of technologies and in mar3eting
the services of the other oerating units in the >eartment shall have
the following functions2
617 0nderta3e contract research, articularly at the ilot lant
and semi#commercial stage"
687 1rovide technical consultancy including engineering design
services, atenting and licensing services" and
697 1rovide grants andHor venture#financing for new andHor
emerging ro'ects.
Secti! 2(. Philippine %tmospheric* Geophysical and %stronomical
Services %dministration. # *he 1hiliine Atmosheric, &eohysical
and Astronomical Services Administration shall have the following
functions2
617 Faintain a nationwide networ3 ertaining to o!servation
and forecasting of weather and other climatological conditions
affecting national safety, welfare and economy"
687 0nderta3e activities relative to o!servation, collection,
assessment and rocessing of atmosheric and allied data for
the !enefit of agriculture, commerce and industry"
697 Engage in studies of geohysical and astronomical
henomena essential to the safety and welfare of the eole"
6;7 0nderta3e researches on the structure, develoment and
motion of tyhoons and formulate measures for their
moderation" and
6<7 Faintain effective lin3ages with scientific organiAations here
and a!road, and romote e%change of scientific information
and cooeration among ersonnel engaged in atmosheric,
geohysical and astronomical studies.
Secti! 27. Philippine /nstitute of 3olcanolo!y and Seismolo!y. #
*he 1hiliine ,nstitute of @olcanology and Seismology shall have the
following functions2
617 1redict the occurrence of volcanic erutions and
earth5ua3es and their geotectonic henomena"
687 >etermine how erutions and earth5ua3es shall occur and
the li3ely areas to !e affected"
697 E%loit the ositive asects of volcanoes and volcanic
terrain in furtherance of the socio#economic develoment
efforts of the government"
6;7 &enerate sufficient data for forecasting volcanic erutions
and earth5ua3es"
6<7 +ormulate aroriate disaster#rearedness lans" and
6=7 Fitigate haAards of volcanic activities through aroriate
detection, forecast, and warning systems.
CHAPTER '
REGIONA$ OFFICES
Secti! 28. #e!ional ,ffices. # *he >eartment is authoriAed to
esta!lish, oerate and maintain a Regional )ffice, whenever
aroriate, in each of the administrative regions of the country, to
!e headed !y a Regional >irector who shall reort and !e su!'ect to
the suervision of, the 0ndersecretary for Regional )erations. A
Regional )ffice shall have, within its administrative region, the
following functions2
617 ,mlement laws, rules, regulations, olicies, lans,
rograms and ro'ects of the >eartment"
687 1rovide efficient and effective service to the eole"
697 Coordinate with regional offices of other deartments,
offices and agencies in the administrative region"
6;7 Coordinate with local government units" and
6<7 1erform such other functions as may !e rovided !y law.
Secti! 29. Department ,ffices in ,ther Countries. # *he
>eartment may also have such offices and reresentatives in other
countries in laces where its resence is considered necessary,
su!'ect to the aroval of the 1resident for each of them.
CHAPTER (
ATTACHED AGENCIES
Secti! %). %ttached %!encies. # *he following agencies shall !e
attached to the >eartment2 the 1hiliine (ational Science Society,
the (ational Academy of Science and *echnology, the 1hiliine
Science High School, and the Fetals ,ndustry Research and
>eveloment Center.
Secti! %1. The Philippine National Science Society. # *he 1hiliine
(ational Science Society shall !e a cororate !ody comosed of
rominent scientists and technical men and shall have the following
functions2
617 *o stimulate research in the mathematical, hysical,
!iological and other !asic sciences and in the alication of
these sciences to engineering, agriculture, medicine, and other
useful arts, with the o!'ect of increasing 3nowledge and of
contri!uting in other ways to the u!lic welfare"
687 *o give encouragement to individual initiative in research
as fundamentally imortant to the advancement of science"
and
697 *o gather and collate scientific and technical information at
home and a!road, in cooeration with governmental and other
agencies and to render such information availa!le to duly
accredited ersons.
Secti! %2. Po-ers of the Philippine National Science Society. # *he
1hiliine (ational Science Society shall have the ower to2
617 Fa3e its own organiAation, including its Constitution, !y#
laws and rules and regulations"
687 +ill all vacancies created !y death, resignation or
otherwise"
697 1rovide for the election of mem!ers, division into classes,
and for all other matters needful or usual in such institution"
6;7 Receive !e5uests and donations and hold the same in
trust, to !e alied in aid of scientific investigations according
to the will of the donors"
6<7 ?e e%emt from the ayment of all internal#revenue ta%es,
fees, assessments and other charges of the &overnment in
carrying out its aims, functions, and owers"
6=7 Su!mit an annual reort to the Congress and to the
1resident of the 1hiliines an accurate account of its wor3 and
activities during the corresonding fiscal year" and
677 1erform such owers as may !e rovided !y law or
necessary to carry out its uroses and functions.
Secti! %%. The National %cademy of Science and Technolo!y. # *he
(ational Academy of Science and *echnology shall !e comosed of
outstanding scientists to serve as reservoir of cometent and
technological manower for the country. *he total mem!ershi of the
Academy shall not e%ceed fifty 6<B7 at any one time" however, this
num!er may !e increased !y a two#thirds vote of all the mem!ers
and aroval thereof !y the 1resident.
*he Academy shall have its own SecretariatHAdministrative staff and
shall have the following functions" and owers2
617 1rovide its mem!ers the following !enefits and rivileges2
6a7 free u!lications of scientific and technological
wor3s2
6!7 travel suort for attendance and articiation in
international conference" and
6c7 such other incentives, financial or otherwise designed
to romote a scientific and technological effort and
achievement.
687 Recommend annually for 1residential awards not more than
ten 61B7 scientists for distinguished individual or colla!orative
achievement in science or technology who shall !e accorded !y
the 1resident the ran3 and title of 4(ational Scientists.4 Said
4(ational Scientists4 shall each !e given gratuity in such
amount to !e fi%ed !y the Academy and entitled to other
rivileges as en'oyed !y the (ational Artists.
697 Engage in other ro'ects and rograms designed to
recogniAe outstanding achievements in science to romote
scientific roductivity.
Secti! %&. The Philippine Science 1i!h School. # *he 1hiliine
Science High School shall offer on a free scholarshi !asis a
secondary course with secial emhasis on su!'ect ertaining to the
sciences with the end view of rearing its students for a science
career. *he e%ercise of its cororate owers is vested e%clusively in
the ?oard of *rustees and in the >irector of the High School insofar
as authoriAed !y said ?oard. *he ?oard of *rustees shall !e
comosed of the Secretary of Science and *echnology, who shall !e
e% officio Chairman of the ?oard, the Secretary of Education, who
shall !e e% officio @ice#Chairman, and the following mem!ers2 the
1resident of the 0niversity of the 1hiliines, the Chairman of the
0(ESC) (ational Commission of the 1hiliines, the >irector of the
1hiliine Science High School, all e% officio mem!ers, a
reresentative from the American#1hiliine Science +oundation,
,nc., to !e designated !y the 1resident, one reresentative from the
1hiliine (ational Science Society, one reresentative from the
(ational Academy of Science and *echnology, one mem!er
reresenting industry, and one mem!er reresenting agriculture.
*he mem!ers of the ?oard reresenting the 1hiliine (ational
Science Society, the (ational Academy of Science and *echnology,
,ndustry and Agriculture shall !e aointed !y the 1resident of the
1hiliines uon the recommendation of the Secretary of Science and
*echnology.
Secti! %'. The etal /ndustry and #esearch Development Center. #
*he Fetals ,ndustry and Research >eveloment Center shall !e non
rofit research and technological institution which shall rovide !oth
the government and the rivate sector with rofessional management
and technical e%ertise on such vital activities for the develoment of
the industry as training of engineers and technicians, information
e%change, trade accreditation service, 5uality control and testing of
metal roducts, research and !usiness economic advisory services.
*he Administration of the Center and the e%ercise of its cororate
owers are vested e%clusively in the ?oard of *rustees which shall !e
comosed of the Secretary of Science and *echnology, who shall !e
e% officio Chairman, the Secretary of *rade and ,ndustry, who shall
!e e% officio Co#Chairman, and the following mem!ers2 the E%ecutive
>irector of the 1hiliine Council for ,ndustry and Energy Research
and >eveloment, a reresentative each from the >eartment of
(atural Resources, the (ational Economic and >eveloment
Authority, the Fetal ,ndustry Research and >eveloment Center and
three reresentatives from the metals, engineering and allied
industries su!#sector to !e aointed !y the Secretary of Science and
*echnology.
*he Center shall have the owers and functions assigned to it !y law.
Tit-e I
CONSTITUTIONA$ COMMISSIONS
S45tit-e A
CIVI$ SERVICE COMMISSION
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # *he State shall insure and
romote the Constitutional mandate that aointments in the Civil
Service shall !e made only according to merit and fitness" that the
Civil Service Commission, as the central ersonnel agency of the
&overnment shall esta!lish a career service, adot measures to
romote morale, efficiency, integrity, resonsiveness, and courtesy in
the civil service, strengthen the merit and rewards system, integrate
all human resources develoment rograms for all levels and ran3s,
and institutionaliAe a management climate conducive to u!lic
accounta!ility" that u!lic office is a u!lic trust and u!lic officers
and emloyees must at all times !e accounta!le to the eole" and
that ersonnel functions shall !e decentraliAed, delegating the
corresonding authority to the deartments, offices and agencies
where such functions can !e effectively erformed.
Secti! 2. Duties and #esponsibilities of Public ,fficers and
Employees. # 1u!lic )fficers and emloyees shall have the duties,
resonsi!ilities, and accounta!ility rovided in Chater 9, ?oo3 , of
this Code.
Secti! %. Terms and Conditions of Employment. # *he terms and
conditions of emloyment of all government emloyees, including
those in government#owned or controlled cororations with original
charters, shall !e fi%ed !y law. *he terms and conditions of
emloyment which are not fi%ed !y law may !e the su!'ect of
negotiation !etween duly recogniAed emloyeesE organiAations and
aroriate government authorities.
Secti! &. Compensation. # *he Congress shall rovide for the
standardiAation of comensation of government officials and
emloyees including those in government#owned or controlled
cororations with original charters, ta3ing into account the nature of
the resonsi!ilities ertaining to, and the 5ualifications re5uired for
the osition concerned.
Secti! '. Definitions of Terms. # As used in this title, the following
shall !e construed thus2
617 Agency means any !ureau, office, commission,
administration, !oard, committee, institute, cororation with
original charter, whether erforming governmental or
rorietary function, or any other unit of the (ational
&overnment, as well as rovincial, city or municial
government, e%cet as hereinafter otherwise rovided.
687 Aointing officer is the erson or !ody authoriAed !y law
to ma3e aointments in the 1hiliine Civil Service.
697 Class includes all ositions in the government service that
are sufficiently similar as to duties and resonsi!ilities and
re5uire similar 5ualifications that can !e given the same title
and salary and for all administrative and comensation
uroses, !e treated ali3e.
6;7 Commission refers to the Civil Service Commission.
6<7 Chairman refers to the Chairman of the Commission.
6=7 Commissioner refers to either of the two other mem!ers of
the Commission.
677 >eartment includes any of the e%ecutive deartments or
entities having the category of a deartment including the
'udiciary, Commission on Elections and Commission on Audit.
6$7 Eligi!le refers to a erson who o!tains a assing grade in a
civil service e%amination or is granted a civil service eligi!ility
and whose name is entered in the register of eligi!les.
697 E%amination refers to a civil service e%amination conducted
!y the Commission and its regional offices or !y other
deartments or agencies with the assistance of the
Commission, or in coordination or 'ointly with it, and those that
it may delegate to deartments and agencies ursuant to this
*itle, or those that may have !een delegated !y law.
61B7 +orm refers to those rescri!ed !y the Civil Service
Commission.
CHAPTER 2
COVERAGE OF THE CIVI$ SERVICE
Secti! (. Scope of the Civil Service. #
617 *he Civil Service em!races all !ranches, su!divisions,
instrumentalities, and agencies of the &overnment, including
government#owned or controlled cororations with original
charters.
687 1ositions in the Civil Service shall !e classified into career
service and non#career service.
Secti! 7. Career Service. # *he Career Service shall !e
characteriAed !y 617 entrance !ased on merit and fitness to !e
determined as far as ractica!le !y cometitive e%amination, or
!ased on highly technical 5ualifications" 687 oortunity for
advancement to higher career ositions" and 697 security of tenure.
*he Career Service shall include2
617 )en Career ositions for aointment to which rior
5ualification in an aroriate e%amination is re5uired"
687 Closed Career ositions which are scientific, or highly
technical in nature" these include the faculty and academic
staff of state colleges and universities, and scientific and
technical ositions in scientific or research institutions which
shall esta!lish and maintain their own merit systems"
697 1ositions in the Career E%ecutive Service" namely,
0ndersecretary, Assistant Secretary, ?ureau >irector, Assistant
?ureau >irector, Regional >irector, Assistant Regional >irector,
Chief of >eartment Service and other officers of e5uivalent
ran3 as may !e identified !y the Career E%ecutive Service
?oard, all of whom are aointed !y the 1resident"
6;7 Career officers, other than those in the Career E%ecutive
Service, who are aointed !y the 1resident, such as the
+oreign Service )fficers in the >eartment of +oreign Affairs"
6<7 Commissioned officers and enlisted men of the Armed
+orces which shall maintain a searate merit system"
6=7 1ersonnel of government#owned or controlled cororations,
whether erforming governmental or rorietary functions,
who do not fall under the non#career service" and
677 1ermanent la!orers, whether s3illed, semi#s3illed, or
uns3illed.
Secti! 8. Classes of Positions in the Career Service. #
617 Classes of ositions in the career service aointment to
which re5uires e%aminations shall !e groued into three ma'or
levels as follows2
6a7 *he first level shall include clerical, trades, crafts,
and custodial service ositions which involve non#
rofessional or su!rofessional wor3 in a non#
suervisory or suervisory caacity re5uiring less than
four years of collegiate studies"
6!7 *he second level shall include rofessional, technical,
and scientific ositions which involve rofessional,
technical, or scientific wor3 in a non#suervisory or
suervisory caacity re5uiring at least four years of
college wor3 u to >ivision Chief level" and
6c7 *he third level shall cover ositions in the Career
E%ecutive Service.
687 E%cet as herein otherwise rovided, entrance to the first
two levels shall !e through cometitive e%aminations, which
shall !e oen to those inside and outside the service who meet
the minimum 5ualification re5uirements. Entrance to a higher
level does not re5uire revious 5ualification in the lower level.
Entrance to the third level shall !e rescri!ed !y the Career
E%ecutive Service ?oard.
697 Within the same level, no civil service e%amination shall !e
re5uired for romotion to a higher osition in one or more
related occuation grous. A candidate for romotion should,
however, have reviously assed the e%amination for that
level.
Secti! 9. Non&Career Service. # *he (on#Career Service shall !e
characteriAed !y 617 entrance on !ases other than those of the usual
tests of merit and fitness utiliAed for the career service" and 687
tenure which is limited to a eriod secified !y law, or which is
coterminous with that of the aointing authority or su!'ect to his
leasure, or which is limited to the duration of a articular ro'ect for
which urose emloyment was made.
*he (on#Career Service shall include2
617 Elective officials and their ersonal or confidential staff"
687 Secretaries and other officials of Ca!inet ran3 who hold
their ositions at the leasure of the 1resident and their
ersonal or confidential staff6s7"
697 Chairman and mem!ers of commissions and !oards with
fi%ed terms of office and their ersonal or confidential staff"
6;7 Contractual ersonnel or those whose emloyment in the
government is in accordance with a secial contract to
underta3e a secific wor3 or 'o!, re5uiring secial or technical
s3ills not availa!le in the emloying agency, to !e
accomlished within a secific eriod, which in no case shall
e%ceed one year, and erforms or accomlishes the secific
wor3 or 'o!, under his own resonsi!ility with a minimum of
direction and suervision from the hiring agency" and
6<7 Emergency and seasonal ersonnel.
CHAPTER %
ORGANI+ATION AND FUNCTIONS OF THE CIVI$ SERVICE
COMMISSION
Secti! 1). Composition. # *he Commission shall !e comosed of a
Chairman and two Commissioners who shall !e natural !orn citiAens
of the 1hiliines and, at the time of their aointment, at least
thirty#five years of age, with roven caacity for u!lic
administration, and must not have !een candidates for any elective
osition in the elections immediately receding their aointment.
Secti! 11. %ppointment of Chairman and Commissioners. # *he
Chairman and the Commissioners shall !e aointed !y the 1resident
with the consent of the Commission on Aointments for a term of
seven years without reaointment. )f the first aointed, the
Chairman shall hold office for seven years, a Commissioner for five
years, and another Commissioner for three years, without
reaointment. Aointment to any vacancy shall !e only for the
une%ired term of the redecessor. ,n no case shall any Fem!er !e
aointed or designated in a temorary or acting caacity.
Secti! 12. Po-ers and (unctions. # *he Commission shall have the
following owers and functions2
617 Administer and enforce the constitutional and statutory
rovisions on the merit system for all levels and ran3s in the
Civil Service"
687 1rescri!e, amend and enforce rules and regulations for
carrying into effect the rovisions of the Civil Service :aw and
other ertinent laws"
697 1romulgate olicies, standards and guidelines for the Civil
Service and adot lans and rograms to romote economical,
efficient and effective ersonnel administration in the
government"
6;7 +ormulate olicies and regulations for the administration,
maintenance and imlementation of osition classification and
comensation and set standards for the esta!lishment,
allocation and reallocation of ay scales, classes and ositions"
6<7 Render oinion and rulings on all ersonnel and other Civil
Service matters which shall !e !inding on all heads of
deartments, offices and agencies and which may !e !rought
to the Sureme Court on certiorari"
6=7 Aoint and disciline its officials and emloyees in
accordance with law and e%ercise control and suervision over
the activities of the Commission"
677 Control, suervise and coordinate Civil Service
e%aminations. Any entity or official in government may !e
called uon !y the Commission to assist in the rearation and
conduct of said e%aminations including security, use of
!uildings and facilities as well as ersonnel and transortation
of e%amination materials which shall !e e%emt from
insection regulations"
6$7 1rescri!e all forms for Civil Service e%aminations,
aointments, reorts and such other forms as may !e
re5uired !y law, rules and regulations2
697 >eclare ositions in the Civil Service as may roerly !e
rimarily confidential, highly technical or olicy determining"
61B7 +ormulate, administer and evaluate rograms relative to
the develoment and retention of 5ualified and cometent
wor3 force in the u!lic service"
6117 Hear and decide administrative cases instituted !y or
!rought !efore it directly or on aeal, including contested
aointments, and review decisions and actions of its offices
and of the agencies attached to it. )fficials and emloyees who
fail to comly with such decisions, orders, or rulings shall !e
lia!le for contemt of the Commission. ,ts decisions, orders, or
rulings shall !e final and e%ecutory. Such decisions, orders, or
rulings may !e !rought to the Sureme Court on certiorari !y
the aggrieved arty within thirty 69B7 days from receit of a
coy thereof"
6187 ,ssue su!oena and su!oena duces tecum for the
roduction of documents and records ertinent to investigation
and in5uiries conducted !y it in accordance with its authority
conferred !y the Constitution and ertinent laws"
6197 Advise the 1resident on all matters involving ersonnel
management in the government service and su!mit to the
1resident an annual reort on the ersonnel rograms"
61;7 *a3e aroriate action on all aointments and other
ersonnel matters in the Civil Service including e%tension of
Service !eyond retirement age"
61<7 ,nsect and audit the ersonnel actions and rograms of
the deartments, agencies, !ureaus, offices, local government
units and other instrumentalities of the government including
government#owned or controlled cororations" conduct
eriodic review of the decisions and actions of offices or
officials to whom authority has !een delegated !y the
Commission as well as the conduct of the officials and the
emloyees in these offices and aly aroriate sanctions
when necessary"
61=7 >elegate authority for the erformance of any function to
deartments, agencies and offices where such functions may
!e effectively erformed"
6177 Administer the retirement rogram for government
officials and emloyees, and accredit government services and
evaluate 5ualifications for retirement"
61$7 Gee and maintain ersonnel records of all officials and
emloyees in the Civil Service" and
6197 1erform all functions roerly !elonging to a central
ersonnel agency and such other functions as may !e rovided
!y law.
Secti! 1%. Duties and #esponsibilities of the Chairman. # Su!'ect to
olicies and rules adoted !y the Commission, the Chairman shall2
617 >irect all oerations of the Commission"
687 Esta!lish rocedures for the effective oerations of the
Commission"
697 *ransmit to the 1resident rules and regulations, and other
guidelines adoted !y the Chairman which re5uire 1residential
attention including annual and other eriodic reorts"
6;7 ,ssue aointments to, and enforce decisions on
administrative disciline involving officials and emloyees of
the Commission"
6<7 >elegate authority for the erformance of any function to
officials and emloyees of the Commission"
6=7 Arove and su!mit the annual and sulemental !udget
of the Commission" and
677 1erform such other functions as may !e rovided !y law.
Secti! 1&. embership of the Chairman in +oards. # *he Chairman
shall !e a mem!er of the ?oard of >irectors or of other governing
!odies of government entities whose functions affect the career
develoment, emloyment status, rights, rivileges, and welfare of
government officials and emloyees, such as the &overnment Service
,nsurance System, +oreign Service ?oard, +oreign *rade Service
?oard, (ational ?oard for *eachers, and such other similar !oards as
may !e created !y law.
Secti! 1'. Duties and #esponsibilities of the embers of the
Commission. # Cointly with the Chairman, the two 687 Commissioners
shall !e resonsi!le for the effective e%ercise of the rule#ma3ing and
ad'udicative functions of the Commission. *hey shall li3ewise erform
such functions as may !e delegated !y the Commission. ,n case of
the a!sence of the Chairman owing to illness or other cause, the
senior mem!er shall erform the functions of the Chairman.
Secti! 1(. ,ffices in the Commission. # *he Commission shall have
the following offices2
617 *he )ffice of the E%ecutive >irector headed !y an
E%ecutive >irector, with a >euty E%ecutive >irector shall
imlement olicies, standards, rules and regulations
romulgated !y the Commission" coordinate the rograms of
the offices of the Commission and render eriodic reorts on
their oerations, and erform such other functions as may !e
assigned !y the Commission.
687 *he Ferit System 1rotection ?oard comosed of a
Chairman and two 687 mem!ers shall have the following
functions2
6a7 Hear and decide on aeal administrative cases
involving officials and emloyees of the Civil Service. ,ts
decision shall !e final e%cet those involving dismissal or
searation from the service which may !e aealed to
the Commission"
6!7 Hear and decide cases !rought !efore it on aeal
!y officials and emloyees who feel aggrieved !y the
determination of aointing authorities involving
ersonnel actions and violations of the merit system.
*he decision of the ?oard shall !e final e%cet those
involving division chiefs or officials of higher ran3s which
may !e aealed to the Commission"
6c7 >irectly ta3e cogniAance of comlaints affecting
functions of the Commission, those which are unacted
uon !y the agencies, and such other comlaints which
re5uire direct action of the ?oard in the interest of
'ustice"
6d7 Administer oaths, issue su!oena and su!oena
duces tecum, ta3e testimony in any investigation or
in5uiry, unish for contemt in accordance with the
same rocedures and enalties rescri!ed in the Rules
of Court" and
6e7 1romulgate rules and regulations to carry out the
functions of the ?oard su!'ect to the aroval of the
Commission.
697 *he )ffice of :egal Affairs shall rovide the Chairman with
legal advice and assistance" render counselling services"
underta3e legal studies and researches" reare oinions and
rulings in the interretation and alication of the Civil Service
law, rules and regulations" rosecute violations of such law,
rules and regulations" and reresent the Commission !efore
any Court or tri!unal.
6;7 *he )ffice of 1lanning and Fanagement shall formulate
develoment lans, rograms and ro'ects" underta3e
research and studies on the different asects of u!lic
ersonnel management" administer management imrovement
rograms" and rovide fiscal and !udgetary services.
6<7 *he Central Administrative )ffice shall rovide the
Commission with ersonnel, financial, logistics and other !asic
suort services.
6=7 *he )ffice of Central 1ersonnel Records shall formulate and
imlement olicies, standards, rules and regulations ertaining
to ersonnel records maintenance, security, control and
disosal" rovide storage and e%tension services" and rovide
and maintain li!rary services.
677 *he )ffice of 1osition Classification and Comensation shall
formulate and imlement olicies, standards, rules and
regulations relative to the administration of osition
classification and comensation.
6$7 *he )ffice of Recruitment, E%amination and 1lacement
shall rovide leadershi and assistance in develoing and
imlementing the overall Commission rograms relating to
recruitment, e%amination and lacement, and formulate
olicies, standards, rules and regulations for the roer
imlementation of the CommissionEs e%amination and
lacement rograms.
697 *he )ffice of Career Systems and Standards shall rovide
leadershi and assistance in the formulation and evaluation of
ersonnel systems and standards relative to erformance
araisal, merit romotion, and emloyee incentive !enefits
and awards.
61B7 *he )ffice of Human Resource >eveloment shall rovide
leadershi and assistance in the develoment and retention of
5ualified and efficient wor3 force in the Civil Service" formulate
standards for training and staff develoment" administer
service#wide scholarshi rograms" develo training literature
and materials" coordinate and integrate all training activities
and evaluate training rograms.
6117 *he )ffice of 1ersonnel ,nsection and Audit shall develo
olicies, standards, rules and regulations for the effective
conduct or insection and audit of ersonnel and ersonnel
management rograms and the e%ercise of delegated
authority" rovide technical and advisory services to civil
Service Regional )ffices and government agencies in the
imlementation of their ersonnel rograms and evaluation
systems.
6187 *he )ffice of 1ersonnel Relations shall rovide leadershi
and assistance in the develoment and imlementation of
olicies, standards, rules and regulations in the accreditation of
emloyee associations or organiAations and in the ad'ustment
and settlement of emloyee grievances and management of
emloyee disutes.
6197 *he )ffice of Cororate Affairs shall formulate and
imlement olicies, standards, rules and regulations governing
cororate officials and emloyees in the areas of recruitment,
e%amination, lacement, career develoment, merit and
awards systems, osition classification and comensation,
erforming araisal, emloyee welfare and !enefits, disciline
and other asects of ersonnel management on the !asis of
comara!le industry ractices.
61;7 *he )ffice of Retirement Administration shall !e
resonsi!le for the enforcement of the constitutional and
statutory rovisions, relative to retirement and the regulation
for the effective imlementation of the retirement of
government officials and emloyees.
61<7 *he Regional and +ield )ffices. # *he Commission shall
have not less than thirteen 6197 Regional offices each to !e
headed !y a >irector, and such field offices as may !e needed,
each to !e headed !y an official with at least the ran3 of an
Assistant >irector. Each Regional )ffice shall have the
following functions2
6a7 Enforce Civil Service law and rules, olicies,
standards on ersonnel management within their
resective 'urisdiction"
6!7 1rovide technical advice and assistance to
government offices and agencies regarding ersonnel
administration" and
6c7 1erform such other functions as may !e delegated !y
the Commission.
Secti! 17. ,r!anizational Structure. # Each office of the
Commission shall !e headed !y a >irector with at least one 617
Assistant >irector, and may have such divisions as are necessary to
carry out their resective functions. As an indeendent constitutional
!ody, the Commission may effect changes in the organiAation as the
need arises.
CHAPTER &
INTERDEPARTMENT RE$ATIONS
Secti! 18. Civil Service %ssistance to Department and %!encies. #
Each Secretary or head of office, agency, government#owned or
controlled cororation with original charter and local government
shall !e resonsi!le for ersonnel administration in his office which
shall !e in accordance with the rovision relating to civil service
em!odied in the Constitution, this *itle and the rules, rinciles,
standards, guidelines and regulations esta!lished !y the Commission.
*he Civil Service Commission shall, whenever it deems it in the
interest of the u!lic service, organiAe in each deartment, office,
agency, government#owned or controlled cororation, and rovincial
and city government a Civil Service Staff which shall !e headed !y an
officer of the Commission. *he necessary staff ersonnel and office
facilities and e5uiment shall !e rovided !y the deartment,
government#owned or controlled cororation or local government
where the staff is esta!lished !ut the Commission may augment
these with its own. *he Staff shall serve as the rincial liaison
!etween the Civil Service and >eartment concerned and shall
erform the following secific functions and those functions which
may hereafter !e assigned to it !y the Commission.
617 1rovide technical assistance in all asects of ersonnel
management"
687 Fonitor and audit eriodically the ersonnel ractices and
erformance of the >eartment or agency concerned as well as
those of u!lic officers and emloyees thereat"
697 >etermine agency comliance with Civil Service :aw and
rules" and
6;7 ,n the erformance of these functions, the staff shall
welcome and receive from the u!lic any suggestions,
o!servations and comlaints ertaining to the conduct of u!lic
officers and emloyees.
,n the erformance of their functions, the units so organiAed
shall avail of the technical assistance and guidelines of the Civil
Service Commission.
Secti! 19. Council of Personnel ,fficers. # *here shall !e a Council
of 1ersonnel )fficers to !e comosed of Chief ersonnel officers of
the different e%ecutive deartments and of agencies with the
category of deartment that the Chairman of the Commission shall
select for mem!ershi. E%cet for its E%ecutive )fficer who shall !e
designated !y the Chairman from among the aroriate officials in
the Civil Service Commission, the Council is authoriAed to elect such
other officers from among its mem!ers and to fi% its own rules or
rocedures concerning attendance at meetings, aroval of olicy
declaration, and other !usiness matters. 1rovisions for necessary
facilities and clerical assistance for the Council shall !e made in the
annual !udget of the Commission.
*he Council shall have the following functions2
617 )ffer advice, uon re5uest of the Secretary of a
>eartment or the Commission, in develoing constructive
olicies, standards, rocedures, and rograms as well as on
matters relating to the imrovement of ersonnel methods and
to the solution of ersonnel ro!lems confronting the various
deartments and agencies of the government"
687 1romote among the deartments and agencies, through
study and discussion, uniform and consistent interretation
and alication of ersonnel olicies" and
697 Serve as a clearing house of information and stimulate the
use of methods of ersonnel management that will contri!ute
most to good government.
Secti! 2). /nspection and %udit. # *he Commission, through its
designated reresentatives, shall conduct a eriodic insection and
audit of the ersonnel management rogram of each deartment,
agency, rovince or city, in order to2 6a7 determine comliance with
the Civil Service law, rules and standards" 6!7 review discharge of
delegated authority" 6c7 ma3e an ade5uate evaluation of the rogress
made and ro!lems encountered in the conduct of the merit system
in the national and local governments" 6d7 give advice and rovide
assistance in develoing constructive olicies, standards and
rocedures, and 6e7 stimulate imrovement in all areas of ersonnel
management.
1eriodic insection and audit will include an araisal of ersonnel
management oerations and activities relative to2 6a7 formulation and
issuance of ersonnel olicy" 6!7 recruitment and selection of
emloyees" 6c7 ersonnel action and emloyment status" 6d7 career
and emloyee develoment" 6e7 erformance evaluation system" 6f7
emloyee suggestions and incentive award" 6g7 emloyee relations
and services" 6h7 disciline" 6i7 ersonnel records and reorting" and
6'7 rograms evaluation.
CHAPTER '
PERSONNE$ PO$ICIES AND STANDARDS
Secti! 21. #ecruitment and Selection of Employees. #
617 )ortunity for government emloyment shall !e oen to
all 5ualified citiAens and ositive efforts shall !e e%erted to
attract the !est 5ualified to enter the service. Emloyees shall
!e selected on the !asis of fitness to erform the duties and
assume the resonsi!ilities of the ositions.
687 When a vacancy occurs in a osition in the first level of the
Career Service as defined in Section =, the emloyees in the
deartment who occuy the ne%t lower ositions in the
occuational grou under which the vacant osition is
classified, and in other functionally related occuational grous
and who are cometent, 5ualified and with the aroriate civil
service eligi!ility shall !e considered for romotion.
697 When a vacancy occurs in a osition in the second level of
the Career Service as defined in Section $, the emloyees in
the government service who occuy the ne%t lower ositions in
the occuational grou under which the vacant osition is
classified and in other functionally related occuational grous
and who are cometent, 5ualified and with the aroriate civil
service eligi!ility shall !e considered for romotion.
6;7 +or uroses of this Section, each deartment or agency
shall evolve its own screening rocess, which may include tests
of fitness, in accordance with standards and guidelines set !y
the Commission. 1romotion !oards shall !e formed to
formulate criteria for evaluation, conduct tests or interviews,
and ma3e systematic assessment of training e%erience.
6<7 ,f the vacancy is not filled !y romotion as rovided herein
the same shall !e filled !y transfer of resent emloyees in the
government service, !y reinstatement, !y re#emloyment of
ersons searated through reduction in force, or !y
aointment of ersons with the civil service eligi!ility
aroriate to the ositions.
6=7 A 5ualified ne%t#in#ran3 emloyee shall have the right to
aeal initially to the Secretaries or heads of agencies or
instrumentalities including government#owned or controlled
cororations with original charters, then to the Ferit System
1rotection ?oard, and finally to the Civil Service Commission
an aointment made in favor of another emloyee if the
aellant is not satisfied with the written secial reason or
reason given !y the aointing authority for such aointment"
1rovided, however, that the decision of the Civil Service
Commission may !e reviewed on certiorari only !y the
Sureme Court within thirty 69B7 days from receit of the
decision of the aggrieved arty. +or uroses of this Section,
45ualified ne%t#in#ran34 refers to an emloyee aointed on a
ermanent !asis to a osition reviously determined to !e
ne%t#in#ran3 and who meets the re5uirements for aointment
thereto as reviously determined !y the aointing authority
and aroved !y the Commission.
677 /ualification in an aroriate e%amination shall !e
re5uired for aointment to ositions in the first and second
levels in the career service in accordance with the Civil Service
rules, e%cet as otherwise rovided in this *itle2 1rovided, *hat
whenever there is a civil service eligi!le actually availa!le for
aointment, no erson who is not such an eligi!le shall !e
aointed even in a temorary caacity to any vacant osition
in the career service in the government or in any government#
owned or controlled cororation with original charter, e%cet
when the immediate filling of the vacancy is urgently re5uired
in the u!lic interest, or when the vacancy is not ermanent,
in which cases temorary aointments of non#eligi!les may
!e made in the a!sence of eligi!les actually and immediately
availa!le.
6$7 *he aroriate e%aminations herein referred to shall !e
those given !y the Commission and the different agencies2
1rovided, however, *hat nothing herein shall affect those
eligi!ilities ac5uired rior to the effectivity of this Civil Service
:aw2 1rovided, further, *hat a erson with a civil service
eligi!ility ac5uired !y successfully assing an e%amination shall
!e 5ualified for a osition re5uiring a lower eligi!ility if he
ossesses the other re5uirements for aointments to such
osition.
Secti! 22. 5ualification Standards. #
617 A 5ualification standard e%resses the minimum
re5uirements for a class of ositions in terms of education,
training and e%erience, civil service eligi!ility, hysical fitness,
and other 5ualities re5uired for successful erformance. *he
degree of 5ualifications of an officer or emloyee shall !e
determined !y the aointing authority on the !asis of the
5ualification standard for the articular osition.
/ualification standards shall !e used as !asis for civil service
e%aminations for ositions in the career service, as guides in
aointment and other ersonnel actions, in the ad'udication
of rotested aointments, in determining training needs, and
as aid in the insection and audit of the agencies ersonnel
wor3 rograms.
,t shall !e administered in such manner as to continually
rovide incentives to officers and emloyees towards
rofessional growth and foster the career system in the
government service.
687 *he esta!lishment, administration and maintenance of
5ualification standards shall !e the resonsi!ility of the
deartment or agency, with the assistance and aroval of the
Civil Service Commission and in consultation with the Wage
and 1osition Classification )ffice.
Secti! 2%. #elease of E2amination #esults. # *he results of any
articular civil service e%amination held in a num!er of laces on the
same date shall !e released simultaneously.
Secti! 2&. #e!ister of Eli!ibles. # *he names of the cometitors
who ass an e%amination shall !e entered in a register of eligi!les
arranged in the order of their general ratings and containing such
information as the Commission may deem necessary.
Secti! 2'. Cultural Communities. # ,n line with the national olicy
to facilitate the integration of the mem!ers of cultural communities
and accelerate the develoment of the areas occuied !y them, the
Commission shall give secial civil service e%aminations to 5ualify
them for aointment in the civil service.
Secti! 2(. Personnel %ctions. # All aointments in the career
service shall !e made only according to merit and fitness, to !e
determined as far as ractica!le !y cometitive e%aminations. A non#
eligi!le shall not !e aointed to any osition in the civil service
whenever there is a civil service eligi!le actually availa!le for and
ready to accet aointment.
As used in this *itle, any action denoting the movement or rogress
of ersonnel in the civil service shall !e 3nown as ersonnel action.
Such action shall include aointment through certification,
romotion, transfer, reinstatement, re#emloyment, detail,
reassignment, demotion, and searation. All ersonnel actions shall
!e in accordance with such rules, standards, and regulations as may
!e romulgated !y the Commission.
617 Aointment through certification. An aointment through
certification to a osition in the civil service, e%cet as herein
otherwise rovided, shall !e issued to a erson who has !een
selected from a list of 5ualified ersons certified !y the
Commission from an aroriate register of eligi!les, and who
meets all the other re5uirements of the osition.
All such ersons must serve a ro!ationary eriod of si%
months following their original aointment and shall undergo
a thorough character investigation in order to ac5uire
ermanent civil service status. A ro!ationer may !e droed
from the service for unsatisfactory conduct or want of caacity
any time !efore the e%iration of the ro!ationary eriod2
1rovided, *hat such action is aeala!le to the Commission.
687 1romotion. A romotion is a movement from one osition
to another with an increase in duties and resonsi!ilities as
authoriAed !y law and usually accomanied !y an increase in
ay. *he movement may !e from one deartment or agency to
another, or from one organiAational unit to another in the
same deartment or agency.
697 *ransfer. A transfer is a movement from one osition to
another which is of e5uivalent ran3, level, or salary without
!rea3 in service involving the issuance of an aointment.
,t shall not !e considered discilinary when made in the
interest of u!lic service, in which case, the emloyee
concerned shall !e informed of the reasons therefor. ,f the
emloyee !elieves that there is no 'ustification for the transfer,
he may aeal his case to the Commission.
*he transfer may !e from one deartment or agency to
another or from one organiAational unit to another in the same
deartment or agency2 1rovided, however, *hat any
movement from the non#career service to the career service
shall not !e considered a transfer.
6;7 Reinstatement. Any erson who has !een ermanently
aointed to a osition in the career service and who has,
through no delin5uence or misconduct, !een searated
therefrom, may !e reinstated to a osition in the same level
for which he is 5ualified.
6<7 Reemloyment. (ames of ersons who have !een
aointed ermanently to ositions in the career service and
who have !een searated as a result of reduction in force or
reorganiAation, shall !e entered in a list from which selection
for reemloyment shall !e made.
6=7 >etail. A detail is the movement of an emloyee from one
agency to another without the issuance of an aointment and
shall !e allowed, only for a limited eriod in the case of
emloyees occuying rofessional, technical and scientific
ositions. ,f the emloyee !elieves that there is no 'ustification
for the detail, he may aeal his case to the Commission.
1ending aeal, the decision to detail the emloyee shall !e
e%ecutory unless otherwise ordered !y the Commission.
677 Reassignment. An emloyee may !e reassigned from one
organiAational unit to another in the same agency2 1rovided,
*hat such reassignment shall not involve a reduction in ran3,
status or salary.
Secti! 27. Employment Status. # Aointment in the career service
shall !e ermanent or temorary.
617 1ermanent status. A ermanent aointment shall !e
issued to a erson who meets all the re5uirements for the
ositions to which he is !eing aointed, including the
aroriate eligi!ility rescri!ed, in accordance with the
rovisions of law, rules and standards romulgated in
ursuance thereof.
687 *emorary aointment. ,n the a!sence of aroriate
eligi!les and it !ecomes necessary in the u!lic interest to fill a
vacancy, a temorary aointment shall !e issued to a erson
who meets all the re5uirements for the osition to which he is
!eing aointed e%cet the aroriate civil service eligi!ility2
1rovided, *hat such temorary aointment shall not e%ceed
twelve months, !ut the aointee may !e relaced sooner if a
5ualified civil service eligi!le !ecomes availa!le.
Secti! 28. Salary increase or %d8ustment. # Ad'ustments in salaries
as a result of increase in ay levels or ugrading of ositions which
do not involve a change in 5ualification re5uirements shall not re5uire
new aointments e%cet that coies of the salary ad'ustment
notices shall !e su!mitted to the Commission for record uroses.
Secti! 29. #eduction in (orce. # Whenever it !ecomes necessary
!ecause of lac3 of wor3 or funds or due to a change in the scoe or
nature of an agencyEs rogram, or as a result of reorganiAation, to
reduce the staff of any deartment or agency, those in the same
grou or class of ositions in one or more agencies within the
articular deartment or agency wherein the reduction is to !e
effected, shall !e reasona!ly comared in terms of relative fitness,
efficiency and length of service, and those found to !e least 5ualified
for the remaining ositions shall !e laid off.
Secti! %). Career and Personnel Development. # *he develoment
and retention of a cometent and efficient wor3 force in the u!lic
service is a rimary concern of government. ,t shall !e the olicy of
the government that a continuing rogram of career and ersonnel
develoment !e esta!lished for all government emloyees at all
levels. An integrated national lan for career and ersonnel
develoment shall serve as the !asis for all career and ersonnel
develoment activities in the government.
Secti! %1. Career and Personnel Development Plans. # Each
deartment or agency shall reare a career and ersonnel
develoment lan which shall !e integrated into a national lan !y
the Commission. Such career and ersonnel develoment lans which
shall include rovisions on merit romotions, erformance evaluation,
in#service training, including overseas and local scholarshis and
training grants, 'o! rotation, suggestions and incentive award
systems, and such other rovisions for emloyeesE health, welfare,
counseling, recreation and similar services.
Secti! %2. erit Promotion Plans. # Each deartment or agency
shall esta!lish romotion lans which shall !e administered in
accordance with the rovisions of the Civil Service law and the rules,
regulations and standards to !e romulgated !y the Commission.
Such lans shall include rovisions for a definite screening rocess,
which may include tests of fitness, in accordance with standards and
guidelines set !y the Commission. 1romotion ?oards may !e
organiAed su!'ect to criteria drawn !y the Commission.
Secti! %%. Performance Evaluation System. # *here shall !e
esta!lished a erformance evaluation system, which shall !e
administered in accordance with rules, regulations and standards,
romulgated !y the Commission for all officers and emloyees in the
career service. Such erformance evaluation system shall !e
administered in such manner as to continually foster the
imrovement of individual emloyee efficiency and organiAational
effectiveness.
Each deartment or agency may, after consultation with the
Commission, esta!lish and use one or more erformance evaluation
lans aroriate to the various grous of ositions in the
deartment or agency concerned. (o erformance evaluation shall !e
given, or used as a !asis for ersonnel action, e%cet under an
aroved erformance evaluation lan2 1rovided, *hat each
emloyee shall !e informed eriodically !y his suervisor of his
erformance evaluation.
Secti! %&. #esponsibility for Trainin!. # *he Commission shall !e
resonsi!le for the coordination and integration of a continuing
rogram of ersonnel develoment for all government ersonnel in
the first and second levels.
Central staff agencies and secialiAed institutes shall conduct
continuing centraliAed training for staff secialists from the different
agencies. However, in those cases where there is sufficient num!er of
articiants to warrant training at deartment or agency or local
government levels, such central staff agencies and secialiAed
institutes shall render the necessary assistance, and consultative
services.
*o avoid dulication of effort and overlaing of training functions,
the following functional resonsi!ilities are assigned2
617 1u!lic and rivate colleges and universities and similar
institutions shall !e encouraged to organiAe and carry out
continuing rograms of e%ecutive develoment.
687 *he Commission, the Commission on Audit, the
>eartment of ?udget and Fanagement, the &eneral Services
Administration, and other central staff agencies shall conduct
centraliAed training and assist in the training rogram of the
>eartments or agencies along their resective functional
areas of secialiAation.
697 ,n coordination with the Commission, the >eartment of
:ocal &overnment and Community >eveloment shall
underta3e local government training rograms.
6;7 ,n coordination with the Commission, each deartment or
agency, rovince or city shall esta!lish, maintain and romote
a systematic lan of action for ersonnel training at all levels in
accordance with standards laid down !y the Commission. ,t
shall maintain aroriate training staffs and ma3e full use of
availa!le training facilities.
Whenever it deems it necessary, the Commission shall ta3e the
initiative in underta3ing rograms for ersonnel develoment.
Secti! %'. Employee Su!!estions and incentive %-ard System. #
*here shall !e esta!lished a government#wide emloyee suggestions
and incentive awards system which shall !e administered under such
rules, regulations, and standards as may !e romulgated !y the
Commission.
,n accordance with rules, regulations, and standards romulgated !y
the Commission, the 1resident or the head of each deartment or
agency is authoriAed to incur whatever necessary e%enses involved
in the honorary recognition of su!ordinate officers and emloyees of
the government who !y their suggestions, inventions, suerior
accomlishment, and other ersonal efforts contri!ute to the
efficiency, economy, or other imrovement of government
oerations, or who erform such other e%traordinary acts or services
in the u!lic interest in connection with, or in relation to, their official
emloyment.
Secti! %(. Personnel #elations. #
617 ,t shall !e the concern of the Commission to rovide
leadershi and assistance in develoing emloyee relations
rograms in the deartment or agencies.
687 Every Secretary or head of agency shall ta3e all roer
stes toward the creation of an atmoshere conducive to good
suervisor#emloyee relations and the imrovement of
emloyee morale.
Secti! %7. Complaints and Grievances. # Emloyees shall have the
right to resent their comlaints or grievances to management and
have them ad'udicated as e%editiously as ossi!le in the !est
interest of the agency, the government as a whole, and the emloyee
concerned. Such comlaint or grievances shall !e resolved at the
lowest ossi!le level in the deartment or agency, as the case may
!e, and the emloyee shall have the right to aeal such decision to
higher authorities.
Each deartment or agency shall romulgate rules and regulations
governing e%editious, fair and e5uita!le ad'ustment of emloyeesE
comlaints or grievances in accordance with the olicies enunciated
!y the Commission.
,n case any disute remains unresolved after e%hausting all the
availa!le remedies under e%isting laws and rocedures, the arties
may 'ointly refer the disute to the 1u!lic Sector :a!or Fanagement
Council constituted under section ;=, for aroriate action.
CHAPTER (
RIGHT TO SE$F/ORGANI+ATION
Secti! %8. Covera!e. #
617 All government emloyees, including those in government#
owned or controlled cororations with original charters, can
form, 'oin or assist emloyeesE organiAations of their own
choosing for the furtherance and rotection of their interests.
*hey can also form, in con'unction with aroriate
government authorities, la!or#management committees, wor3
councils and other forms of wor3ersE articiation schemes to
achieve the same o!'ectives.
687 *he rovisions of this Chater shall not aly to the
mem!ers of the Armed +orces of the 1hiliines, including
olice officers, olicemen, firemen and 'ail guards.
Secti! %9. /neli!ibility of 1i!h&"evel Employees to 4oin #an.&and&
(ile Employees' ,r!anization. # High#level emloyees whose functions
are normally considered as olicy#ma3ing or managerial or whose
duties are of a highly confidential nature shall not !e eligi!le to 'oin
the organiAation of ran3#and#file government emloyees.
Secti! &). Protection of the #i!ht to ,r!anize. #
617 &overnment emloyees shall not !e discriminated against
in resect of their emloyment !y reason of their mem!ershi
in emloyeesE organiAations or articiation in the normal
activities of their organiAations. *heir emloyment shall not !e
su!'ect to the condition that they shall not 'oin or shall
relin5uish their mem!ershi in the emloyeesE organiAations.
687 &overnment authorities shall not interfere in the
esta!lishment, functioning or administration of government
emloyeesE organiAations through acts designed to lace such
organiAations under the control of government authority.
la-phi0.net
Secti! &1. #e!istration of Employees' ,r!anization. # &overnment
emloyeesE organiAations shall register with the Civil Service
Commission and the >eartment of :a!or and Emloyment. *he
alication shall !e filed with the ?ureau of :a!or Relations of the
>eartment which shall rocess the same in accordance with the
rovisions of the :a!or Code of the 1hiliines. Alications may also
!e filed with the Regional )ffices of the >eartment of :a!or and
Emloyment which shall immediately transmit the said alications to
the ?ureau of :a!or Relations within three 697 days from receit
thereof.
Secti! &2. Certificate of #e!istration. # 0on arrival of the
alication, a registration certificate shall !e issued to the
organiAation recogniAing it as a legitimate emloyeesE organiAation
with the right to reresent its mem!ers and underta3e activities to
further and defend its interests. *he corresonding certificates of
registration shall !e 'ointly aroved !y the Chairman of the Civil
Service Commission and the Secretary of :a!or and Emloyment.
Secti! &%. %ppropriate ,r!anizational )nit. # *he aroriate
organiAational unit shall !e the emloyerEs unit consisting of ran3#
and#file emloyees unless circumstances otherwise re5uire.
Secti! &&. Sole and E2clusive Employees' #epresentatives. #
617 *he duly registered emloyeesE organiAation having the
suort of the ma'ority of the emloyees in the aroriate
organiAational unit shall !e designated as the sole and
e%clusive reresentative of the emloyees.
687 A duly registered emloyeesE organiAation shall !e
accorded voluntary recognition uon a showing that no other
emloyeesE organiAation is registered or is see3ing registration,
!ased on the records of the ?ureau of :a!or Relations, and
that the said organiAation has the ma'ority suort of the ran3#
and#file emloyees in the organiAational unit.
697 Where there are two or more duly registered emloyeesE
organiAations in the aroriate organiAational unit, the ?ureau
of :a!or Relations shall, uon etition, order the conduct of a
certification election and shall certify the winner as the
e%clusive reresentative of the ran3#and#file emloyees in said
organiAational unit.
Secti! &'. The Public Sector "abor&ana!ement Council. # A 1u!lic
Sector :a!or#Fanagement Council is here!y constituted to !e
comosed of the following2 *he Chairman of the Civil Service
Commission, as Chairman" the Secretary of :a!or and Emloyment,
as @ice#Chairman" and the Secretary of +inance, the Secretary of
Custice and the Secretary of ?udget and Fanagement, as mem!ers.
*he Council shall imlement and administer the rovisions of this
Chater. +or this urose, the Council shall romulgate the necessary
rules and regulations to imlement this Chater.
Secti! &(. Discipline@ General Provisions. #
6a7 (o officer or emloyee in the Civil Service shall !e
susended or dismissed e%cet for cause as rovided !y law
and after due rocess.
6!7 *he following shall !e grounds for discilinary action2
617 >ishonesty"
687 )ression"
697 (eglect of duty"
6;7 Fisconduct"
6<7 >isgraceful and immoral conduct"
6=7 ?eing notoriously undesira!le"
677 >iscourtesy in the course of official duties"
6$7 ,nefficiency and incometence in the erformance of
official duties"
697 Receiving for ersonal use of a fee, gift or other
valua!le thing in the course of official duties or in
connection therewith when such fee, gift, or other
valua!le thing is given !y any erson in the hoe or
e%ectation of receiving favor or !etter treatment than
that accorded other ersons, or committing acts
unisha!le under the anti#graft laws"
61B7 Conviction of a crime involving moral turitude"
6117 ,mroer or unauthoriAed solicitation of
contri!utions from su!ordinate emloyees and !y
teachers or school officials from school children"
6187 @iolation of e%isting Civil Service :aw and rules or
reasona!le office regulations"
6197 +alsification of official document"
61;7 +re5uent unauthoriAed a!sences or tardiness in
reorting for duty, loafing or fre5uently unauthoriAed
a!sence from duty during regular office hours"
61<7 Ha!itual drun3enness"
61=7 &am!ling rohi!ited !y law"
6177 Refusal to erform official duty or render overtime
service"
61$7 >isgraceful, immoral or dishonest conduct rior to
entering the service"
6197 1hysical or mental incaacity or disa!ility due to
immoral or vicious ha!its"
68B7 ?orrowing money !y suerior officers from
su!ordinates or lending !y su!ordinates to suerior
officers"
6817 :ending money at usurious rates or interest"
6887 Willful failure to ay 'ust de!ts or willful failure to
ay ta%es due to the government"
6897 Contracting loans of money or other roerty from
ersons with whom the office of the emloyee concerned
has !usiness relations"
68;7 1ursuit of rivate !usiness, vocation or rofession
without the ermission re5uired !y Civil Service rules
and regulations"
68<7 ,nsu!ordination"
68=7 Engaging directly or indirectly in artisan olitical
activities !y one holding a non#olitical office"
6877 Conduct re'udicial to the !est interest of the
service"
68$7 :o!!ying for ersonal interest or gain in legislative
halls and offices without authority"
6897 1romoting the sale of tic3ets in !ehalf of rivate
enterrises that are not intended for charita!le or u!lic
welfare uroses and even in the latter cases if there is
no rior authority"
69B7 (eotism as defined in Section =B of this *itle.
6c7 E%cet when initiated !y the discilining authority, no
comlaint against a civil service official or emloyee shall !e
given due course unless the same is in writing and su!scri!ed
and sworn to !y the comlainant.
6d7 ,n meeting out unishment, the same enalties shall !e
imosed for similar offenses and only one enalty shall !e
imosed in each case. *he discilining authority may imose
the enalty of removal from the service, demotion in ran3,
susension for not more than one year without ay, fine in an
amount not e%ceeding si% monthsE salary, or rerimand.
Secti! &7. Disciplinary 4urisdiction. #
617 *he Commission shall decide uon aeal all administrative
discilinary cases involving the imosition of a enalty of
susension for more than thirty days, or fine in an amount
e%ceeding thirty daysE salary, demotion in ran3 or salary or
transfer, removal or dismissal from office. A comlaint may !e
filed directly with the Commission !y a rivate citiAen against a
government official or emloyee in which case it may hear and
decide the case or it may deutiAe any deartment or agency
or official or grou of officials to conduct the investigation. *he
results of the investigation shall !e su!mitted to the
Commission with recommendation as to the enalty to !e
imosed or other action to !e ta3en.
687 *he Secretaries and heads of agencies and
instrumentalities, rovinces, cities and municialities shall have
'urisdiction to investigate and decide matters involving
discilinary action against officers and emloyees under their
'urisdiction. *heir decisions shall !e final in case the enalty
imosed is susension for not more than thirty days or fine in
an amount not e%ceeding thirty daysE, salary. ,n case the
decision rendered !y a !ureau or office head is aeala!le to
the Commission, the same may !e initially aealed to the
deartment and finally to the Commission and ending aeal,
the same shall !e e%ecutory e%cet when the enalty is
removal, in which case the same shall !e e%ecutory only after
confirmation !y the Secretary concerned.
697 An investigation may !e entrusted to regional director or
similar officials who shall ma3e the necessary reort and
recommendation to the chief of !ureau or office or deartment
within the eriod secified in 1aragrah 6;7 of the following
Section.
6;7 An aeal shall not sto the decision from !eing e%ecutory,
and in case the enalty is susension or removal, the
resondent shall !e considered as having !een under
reventive susension during the endency of the aeal in
the event he wins an aeal.
Secti! &8. Procedure in %dministrative Cases %!ainst Non&
Presidential %ppointees. #
617 Administrative roceedings may !e commenced against a
su!ordinate officer or emloyee !y the Secretary or head of
office of e5uivalent ran3, or head of local government, or chiefs
of agencies, or regional directors, or uon sworn, written
comlaint of any other erson.
687 ,n the case of a comlaint filed !y any other ersons, the
comlainant shall su!mit sworn statements covering his
testimony and those of his witnesses together with his
documentary evidence. ,f on the !asis of such aers a rima
facie case is found not to e%ist, the discilining authority shall
dismiss the case. ,f a rima facie case e%ists, he shall notify
the resondent in writing, of the charges against the latter, to
which shall !e attached coies of the comlaint, sworn
statements and other documents su!mitted, and the
resondent shall !e allowed not less than seventy#two hours
after receit of the comlaint to answer the charges in writing
under oath, together with suorting sworn statements and
documents, in which he shall indicate whether or not he elects
a formal investigation if his answer is not considered
satisfactory. ,f the answer is found satisfactory, the discilining
authority shall dismiss the case.
697 Although a resondent does not re5uest a formal
investigation, one shall nevertheless !e conducted when from
the allegations of the comlaint and the answer of the
resondent, including the suorting documents, the merits of
the case cannot !e decided 'udiciously without conducting such
an investigation.
6;7 *he investigation shall !e held not earlier than five days
nor later than ten days from the date of receit of resondentEs
answer !y the discilining authority, and shall !e finished
within thirty days from the filing of the charges, unless the
eriod is e%tended !y the Commission in meritorious cases.
*he decision shall !e rendered !y the discilining authority
within thirty days from the termination of the investigation or
su!mission of the reort of the investigator, which reort shall
!e su!mitted within fifteen days from the conclusion of the
investigation.
6<7 *he direct evidence for the comlainant and the resondent
shall consist of the sworn statement and documents su!mitted
in suort of the comlaint or answer, as the case may !e,
without re'udice to the resentation of additional evidence
deemed necessary !ut was unavaila!le at the time of the filing
of the comlaint or answer, uon which the cross#e%amination,
!y resondent and the comlainant, resectively, shall !e
!ased. +ollowing cross#e%amination, there may !e redirect and
recross#e%amination.
6=7 Either arty may avail himself of the services of counsel
and may re5uire the attendance of witnesses and the
roduction of documentary evidence in his favor through the
comulsory rocess of su!oena or su!oena duces tecum.
677 *he investigation shall !e conducted only for the urose of
ascertaining the truth and without necessarily adhering to
technical rules alica!le in 'udicial roceedings. ,t shall !e
conducted !y the discilining authority concerned or his
authoriAed reresentative.
*he hrase 4any other arty4 shall !e understood to !e a
comlainant other than those referred to in su!section 6a7
hereof.
Secti! &9. %ppeals. # K
617 Aeals, where allowa!le, shall !e made !y the arty
adversely affected !y the decision within fifteen days from
receit of the decision unless a etition for reconsideration is
seasona!ly filed, which etition shall !e decided within fifteen
days. (otice of the aeal shall !e filed with the discilining
office, which shall forward the records of the case, together
with the notice of aeal, to the aellate authority within
fifteen days from filing of the notice of aeal, with its
comment, if any. *he notice of aeal shall secifically state
the date of the decision aealed from and the date of receit
thereof. ,t shall also secifically set forth clearly the grounds
relied uon for e%ceting from the decision.
687 A etition for reconsideration shall !e !ased only on any of
the following grounds2 6a7 new evidence has !een discovered
which materially affects the decision rendered" 6!7 the decision
is not suorted !y the evidence on record" or 6c7 error of law
or irregularities have !een committed which are re'udicial to
the interest of the resondent2 1rovided, *hat only one etition
for reconsideration shall !e entertained.
Secti! '). Summary Proceedin!s. # (o formal investigation is
necessary and the resondent may !e immediately removed or
dismissed if any of the following circumstances is resent2
617 When the charge is serious and the evidence of guilt is
strong"
687 When the resondent is a recidivist or has !een reeatedly
charged and there is reasona!le ground to !elieve that he is
guilty of the resent charge" and
697 When the resondent is notoriously undesira!le.
Resort to summary roceedings !y the discilining authority
shall !e done with utmost o!'ectivity and imartiality to the
end that no in'ustice is committed2 1rovided, *hat removal or
dismissal e%cet those !y the 1resident, himself or uon his
order, may !e aealed to the Commission.
Secti! '1. Preventive Suspension. # *he roer discilining
authority may reventively susend any su!ordinate officer or
emloyee under his authority ending an investigation, if the charge
against such officer or emloyee involves dishonesty, oression or
grave misconduct, or neglect in the erformance of duty, or if there
are reasons to !elieve that the resondent is guilty of charges which
would warrant his removal from the service.
Secti! '2. "iftin! of Preventive Suspension Pendin! %dministrative
/nvesti!ation. # When the administrative case against the officer or
emloyee under reventive susension is not finally decided !y the
discilining authority within the eriod of ninety 69B7 days after the
date of susension of the resondent who is not a residential
aointee, the resondent shall !e automatically reinstated in the
service2 1rovided, *hat when the delay in the disosition of the case
is due to the fault, negligence or etition of the resondent, the
eriod of delay shall not !e counted in comuting the eriod of
susension herein rovided.
Secti! '%. #emoval of %dministrative Penalties or Disabilities. # ,n
meritorious cases and uon recommendation of the Commission, the
1resident may commute or remove administrative enalties or
disa!ilities imosed uon officers or emloyees in discilinary cases,
su!'ect to such terms and conditions as he may imose in the
interest of the service.
CHAPTER 7
PROHI"ITIONS
Secti! '&. "imitation on %ppointment. #
617 (o elective official shall !e eligi!le for aointment or
designation in any caacity to any u!lic office or osition
during his tenure.
687 (o candidate who has lost in any election shall, within one
year after election, !e aointed to any office in the
&overnment or any government#owned or controlled
cororations or in any of its su!sidiaries.
697 0nless otherwise allowed !y law or !y the rimary
functions of his osition, no aointive official shall hold any
other office or emloyment in the &overnment or any
su!division, agency or instrumentality thereof, including
government#owned or controlled cororations or their
su!sidiaries.
Secti! ''. Political %ctivity. # (o officer or emloyee in the Civil
Service including mem!ers of the Armed +orces, shall engage directly
or indirectly in any artisan olitical activity or ta3e art in any
election e%cet to vote nor shall he use his official authority or
influence to coerce the olitical activity of any other erson or !ody.
(othing herein rovided shall !e understood to revent any officer or
emloyee from e%ressing his views on current olitical ro!lems or
issues, or from mentioning the names of candidates for u!lic office
whom he suorts2 1rovided, *hat u!lic officers and emloyees
holding olitical offices may ta3e art in olitical and electoral
activities !ut it shall !e unlawful for them to solicit contri!utions from
their su!ordinates or su!'ect them to any of the acts involving
su!ordinates rohi!ited in the Election Code.
Secti! '(. %dditional or Double Compensation. # (o elective or
aointive u!lic officer or emloyee shall receive additional or
dou!le comensation unless secifically authoriAed !y law nor accet
without the consent of the 1resident, any resent, emolument, office,
or title of any 3ind from any foreign state.
1ensions and gratuities shall not !e considered as additional, dou!le,
or indirect comensation.
Secti! '7. "imitations on Employment of "aborers. # :a!orers,
whether s3illed, semi#s3illed or uns3illed, shall not !e assigned to
erform clerical duties.
Secti! '8. Prohibition on Detail or #eassi!nment. # (o detail or
reassignment whatever shall !e made within three 697 months !efore
any election.
Secti! '9. Nepotism. #
617 All aointments in the national, rovincial, city and
municial governments or in any !ranch or instrumentality
thereof, including government#owned or controlled
cororations, made in favor of a relative of the aointing or
recommending authority, or of the chief of the !ureau or office,
or of the ersons e%ercising immediate suervision over him,
are here!y rohi!ited.
As used in this Section, the word 4relative4 and mem!ers of
the family referred to are those related within the third degree
either or consanguinity or of affinity.
687 *he following are e%emted from the oeration of the rules
on neotism2 6a7 ersons emloyed in a confidential caacity,
6!7 teachers, 6c7 hysicians, and 6d7 mem!ers of the Armed
+orces of the 1hiliines2 1rovided, however, *hat in each
articular instance full reort of such aointment shall !e
made to the Commission.
*he restriction mentioned in su!section 617 shall not !e
alica!le to the case of a mem!er of any family who, after his
or her aointment to any osition in an office or !ureau,
contracts marriage with someone in the same office or !ureau,
in which event the emloyment or retention therein of !oth
hus!and and wife may !e allowed.
697 ,n order to give immediate effect to these rovisions, cases
of revious aointments which are in contravention hereof
shall !e corrected !y transfer, and ending such transfer, no
romotion or salary increase shall !e allowed in favor of the
relative or relatives who are aointed in violation of these
rovisions.
CHAPTER 8
$EAVE OF A"SENCE
Secti! (). "eave of %bsence. # )fficers and emloyees in the Civil
Service shall !e entitled to leave of a!sence, with or without ay, as
may !e rovided !y law and the rules and regulations of the Civil
Service Commission in the interest of the service.
CHAPTER 9
MISCE$$ANEOUS PROVISIONS
Secti! (1. E2aminin! Committee* Special E2aminers and Special
/nvesti!ators. # Su!'ect to aroval !y the roer head of a
deartment or agency, the Commission may select suita!le ersons
in the government service to act as mem!ers of e%amining
committees, secial e%aminers or secial investigators. Such ersons
shall !e designated e%aminers or investigators of the Commission
and shall erform such duties as the Commission may re5uire, and in
the erformance of such duties they shall !e under its e%clusive
control. E%amining committees, secial e%aminers or secial
investigators so designated may !e given allowances or er diems for
their services, to !e aid out of the funds of, and at a rate to !e
determined !y, the Commission.
Secti! (2. (ees. # *he Commission shall collect and charge fees for
civil service e%aminations, certifications of civil service ratings,
service records, and other civil service matters, training courses,
seminars, wor3shos in ersonnel management and other civil
service matters. +or this urose, the Commission shall rescri!e
standard and reasona!le rates for such e%aminations, certifications,
training courses, seminars, and wor3shos2 1rovided, *hat no
e%amination fees shall !e collected in e%aminations given for the
selection of scholars.
Secti! (%. /ncome. # *he income of the Commission from fees,
costs for services it may assess and levy, and such other roceeds
generated in the erformance of its functions shall !e directly utiliAed
!y the Commission for its e%enses.
Secti! (&. %uthority of ,fficers to %dminister ,aths* Ta.e
Testimony* Prosecute and Defend Cases in Court. # Fem!ers of the
Commission, chiefs of offices, and other officers and emloyees of
the Commission designated in writing !y the Chairman may
administer such oath as may !e necessary in the transactions of
official !usiness and administer oaths and ta3e testimony in
connection with any authoriAed investigation. Attorneys of the
Commission may rosecute and defend cases in connection with the
functions of the Commission !efore any court or tri!unal.
Secti! ('. "iability of %ppointin! %uthority. # (o erson emloyed
in the Civil Service in violation of the Civil Service :aw and rules shall
!e entitled to receive ay from the government" !ut the aointing
authority resonsi!le for such unlawful emloyment shall !e
ersonally lia!le for the ay that would have accrued had the
emloyment !een lawful, and the dis!ursing officials shall ma3e
ayment to the emloyee of such amount from the salary of the
officers so lia!le.
Secti! ((. "iability of Disbursin! ,fficers. # E%cet as may
otherwise !e rovided !y law, it shall !e unlawful for a treasurer or
other fiscal officer to draw or retain from salary due an officer or
emloyee any amount for contri!ution or ayment of o!ligations
other than those due the government or its instrumentalities.
Secti! (7. Penal Provision. # Whoever ma3es any aointment or
emloys any erson in violation of any rovision of this *itle or the
rules made thereunder or whoever commits fraud, deceit or
intentional misreresentation of material facts concerning other civil
service matters, or whoever violates, refuses or neglects to comly
with any of such rovisions or rules, shall uon conviction !e
unished !y a fine not e%ceeding one thousand esos or !y
imrisonment not e%ceeding si% 6=7 months, or !oth such fine and
imrisonment in the discretion of the court.
S45tit-e "
THE COMMISSION ON AUDIT
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # All resources of the government
shall !e managed, e%ended or utiliAed in accordance with law and
regulations and safeguarded against loss or wastage through illegal
or imroer disosition to ensure efficiency, economy and
effectiveness in the oerations of government. *he resonsi!ility to
ta3e care that such olicy is faithfully adhered to rests directly with
the chief or head of the government agency concerned.
Secti! 2. Definition of Terms. # 0nless the content otherwise
re5uires, when used in this *itle2
617 4+und4 is a sum of money or other resources set aside for
the urose of carrying out secific activities or attaining
certain o!'ectives in accordance with secial re5uisitions,
restrictions, or limitations, and constitutes an indeendent
fiscal and accounting entity.
687 4&overnment funds4 includes u!lic moneys of every sort
and other resources ertaining to any agency of the
&overnment.
697 4Revenue funds4 comrises all funds derived from the
income of any agency of the &overnment and availa!le for
aroriation or e%enditure in accordance with law.
6;7 4*rust funds4 refers to funds which have come officially into
the ossession of any agency of the &overnment or of a u!lic
officer as trustee, agent, or administrator, or which have !een
received for the fulfillment of some o!ligation.
6<7 4>eository funds4 comrises funds over which the officer
accounta!le therefor may retain control for the lawful uroses
for which they came into his ossession. ,t em!races moneys
in any and all deositories.
6=7 4>eository4 refers to any financial institution lawfully
authoriAed to receive government moneys uon deosit.
677 4Resources4 refers to the actual assets of any agency of the
&overnment such as cash, instruments reresenting or
converti!le to money, receiva!les, lands, !uildings, as well as
contingent assets, such as estimated revenues alying to the
current fiscal eriod not accrued or collected, and !onds
authoriAed and unissued.
6$7 4&overnment agency4 or 4agency of the government,4 or
4agency4 refers to any deartment, !ureaus or office of the
(ational &overnment, or any of its !ranches and
instrumentalities, or any olitical su!division, as well as any
government#owned or controlled cororation, including its
su!sidiaries, or other self#governing !oard or commission of
the &overnment.
CHAPTER 2
ORGANI+ATION OF THE COMMISSION ON AUDIT
Secti! %. The Commission Proper. # *he Commission 1roer shall
!e comosed of the Chairman and two Commissioners. ,t shall sit as
a !ody to formulate olicies, romulgate rules and regulations, and
rescri!e standards governing the discharge of its owers and
functions.
Secti! &. The Chairman. # *he Chairman shall act as 1residing
)fficer of the Commission 1roer and Chief E%ecutive )fficer of the
Commission. *he Chairman may !e assisted !y the commissioners in
the general administration of the Commission. He shall erform the
following duties2
617 Control and suervise the general administration of the
commission"
687 >irect and manage the imlementation and e%ecution of
olicies, standards, rules and regulations of the commission"
697 Control and suervise the audit of highly technical or
confidential transactions or accounts of any government
agency" and
6;7 1erform such other related functions as may !e assigned
from time to time !y the Chairman.
Secti! '. ,ffices of the Commissioners. # *here shall !e two 687
Commissioners who shall assist the Chairman, uon roer
delegation in the general administration of the Commission. *hey
shall assist in the review and evaluation of e%isting olicies as well as
in the formulation of new ones.
Secti! (. The Commission Secretariat. # *he Commission
Secretariat shall !e headed !y the Secretary to the Commission who
shall have the rivileges of a C)A service chief. *he Commission
Secretariat shall erform the following functions2
617 1reare the agenda for the sessions of the Commission
1roer"
687 1reare and 3ee the minutes of all sessions, hearings and
conferences of the Commission 1roer"
697 Faintain the records of the Commission 1roer" and
6;7 1erform such related functions as may !e assigned !y the
Chairman of the Commission 1roer.
CHAPTER %
OFFICES
Secti! 7. Central ,ffices. # *he Commission shall have the following
central offices2
617 *he Administrative )ffice shall !e headed !y a >irector and
shall erform the following functions2
6a7 >evelo and maintain a ersonnel rogram which
shall include recruitment, selection, aointment,
erformance evaluation, emloyee relations, and welfare
services"
6!7 1rovide the Commission with services related to
ersonnel, records, sulies, e5uiment, medical,
collections and dis!ursements, and other related
services" and
6c7 1erform such other related functions as may !e
assigned from time to time !y the Chairman.
687 *he 1lanning, +inancial and Fanagement )ffice shall2
6a7 +ormulate long range and annual lans and
rograms for the Commission"
6!7 +ormulate !asis olicies and guidelines for the
rearation of the !udget of the Commission, coordinate
with the >eartment of ?udget and Fanagement, and
the )ffice of the 1resident in the rearation of the said
!udget"
6c7 Faintain and administer the accounting system
ertaining to the accounts of the Commission"
6d7 >evelo and maintain the management information
system of the Commission"
6e7 >evelo and administer a management imrovement
rogram, including a system for measurement of
erformance of auditing units on which an annual reort
shall !e su!mitted to the Chairman not later than the
91st of Canuary of each year"
6f7 Render consultancy services related to the discharge
of government auditing functions" and
6g7 1erform such other related functions as may !e
assigned from time to time !y the Chairman.
697 *he State Accounting and Auditing >eveloment )ffice
shall !e headed !y a >irector and shall erform the following
functions2
6a7 +ormulate long range lans for a comrehensive
training rogram for all ersonnel of the Commission
and ersonnel of the agencies of government, with
resect to Commission rules and regulations and audit
matters"
6!7 1reare and imlement annual training rograms,
consistent with its long range lans"
6c7 >evelo its caa!ility to imlement training
rograms"
6d7 1u!lish the rofessional 'ournal of the Commission"
6e7 Esta!lish and maintain such training centers and
li!raries as may !e authoriAed !y the Commission" and
6f7 1erform such other related functions as may !e
assigned from time to time !y the Chairman.
6;7 *he Accountancy )ffice shall !e headed !y a >irector and
shall erform the following functions2
6a7 1reare for the Commission, the annual financial
reort of the (ational &overnment and such other
financial or statistical wor3s as may !e re5uired !y the
Commission"
6!7 Faintain the accounts of the current surlus of the
general fund of the national government"
6c7 @erify aroriations, of national government
agencies and control fund releases ertaining thereto"
and
6d7 Assist in the formulation of accounting rules and
regulations and suervise the imlementation of such
rules and regulations in government agencies.
6<7 *he Secial Audits )ffice shall !e headed !y a >irector and
shall erform the following functions2
6a7 Conduct, consistent with the e%ercise !y the
Commission of its visitorial owers as conferred !y the
varia!le scoe audit of non#governmental firms
su!sidiAed !y the government 617 re5uired to ay levies
or government shares" 687 those funded !y donations
through the government" and 697 those for which the
government has ut u a counterart fund. Such audits
shall !e limited to the funds coming from the
government"
6!7 0nderta3e, on a selective !asis, financial comliance,
economy, efficiency and effectiveness audit of national
agencies and local government units, government#
owned or controlled cororations, and other self#
governing !oards, commissions, or agencies of
government, as well as secific rograms and ro'ects of
the government"
6c7 Audit financial oerations of u!lic utilities and
franchise grantees for rate determination and franchise
ta% uroses"
6d7 Conduct such other secial audits as may !e directed
!y the Chairman" and
6e7 1erform such other related functions as may !e
assigned from time to time !y the Chairman.
6=7 *he *echnical Services )ffice shall erform the following
functions2
6a7 Review and evaluate contracts with emhasis on the
engineering and other technical asects"
6!7 ,nsect and araise infrastructure ro'ects,
deliveries of materials and e5uiment, and roerty for
disosal"
6c7 >evelo and administer a system for monitoring the
rices of materials, sulies, and e5uiment urchased
!y the government"
6d7 ,nitiate secial studies on technical matters related
to auditing" and
6e7 1erform such other related functions as may !e
assigned from time to time !y the Chairman.
677 *he :egal )ffice shall !e headed !y a &eneral Counsel with
the ran3 and rivileges of a director and which shall erform
the following functions2
6a7 1erform advisory and consultative functions and
render legal services with resect to the erformance of
the functions of the Commission and the interretation
of ertinent laws and regulations"
6!7 Handle the investigation of administrative cases filed
against the ersonnel of the Commission, evaluate and
act on all reorts of involvement of the said ersonnel in
anomalies or irregularities in government transactions,
and erform any other investigative wor3 re5uired !y
the Commission uon assignment !y the Chairman.
6c7 Reresent the Commission in reliminary
investigation of malversation and similar cases
discovered in audit, assist and colla!orate with the
rosecuting agencies of &overnment in the rosecution
thereof, and assist and colla!orate with the Solicitor
&eneral in handling civil cases involving the Chairman or
any of the Commissioners and other officials and
emloyees of the Commission in their official caacity"
6d7 E%tend assistance !y way of legal advice or counsel
to auditors of the Commission who face harassment or
retaliatory suits, whether civil or criminal, in
conse5uence of the erformance of their official
functions"
6e7 Coordinate and initiate for the Commission, with
aroriate legal !odies of government with resect to
legal roceedings towards the collection and
enforcement of de!ts and claims, and the restitution of
funds and roerty, found to !e due any government
agency in the settlement and ad'ustment of its accounts
!y the Commission" and
6f7 1erform such other related functions as may !e
assigned from time to time !y the Chairman.
6$7 *he (ational &overnment Audit )ffices , and ,, shall !e
headed !y a >irector and which shall erform the following
functions2
6a7 E%ercise control and suervision over the
imlementation of auditing rules and regulations in
agencies of national government in the (ational Caital
Region 6(CR7, including self#governing !oards,
commissions or agencies funded from national
aroriations"
6!7 Review audit reorts covering agencies of the
national government under its audit 'urisdiction"
6c7 E%ercise control and suervision over ersonnel,
lanning, financial 6!udgetary and accounting7, and
legal matters ertaining to the )ffice and the Auditing
0nits under it"
6d7 +ormulate and develo lans, oerating standards,
methods and techni5ues for the imlementation of
auditing rules and regulations for agencies of the
national government"
6e7 +ormulate accounting and auditing rules and
regulations for agencies of the national government"
6f7 Advise and assist the Chairman on matters ertaining
to the audit of agencies of the national government
under their resective 'urisdictions" and
6g7 1erform such other related functions as may !e
assigned from time to time !y the Chairman.
697 *he Cororate Audit )ffice shall !e headed !y a >irector
and shall erform the following functions2
6a7 E%ercise control and suervision over the
imlementation of auditing rules and regulations in
government#owned or controlled cororations in the
(ational Caital Region"
6!7 Review audit reorts covering government#owned or
controlled cororations"
6c7 E%ercise control and suervision over ersonnel,
lanning, financial 6!udgetary and accounting7, and
legal matters ertaining to the )ffice and the Auditing
units under it"
6d7 +ormulate and develo lans, oerating standards,
methods and techni5ues for the imlementation of
accounting and auditing rules and regulations in
government#owned or controlled cororations"
6e7 +ormulate accounting and auditing rules and
regulations for government#owned or controlled
cororations"
6f7 1reare for the Commission, the annual financial
reort of government#owned or controlled cororations"
6g7 Advise and assist the Chairman on matters
ertaining to the audit of government#owned or
controlled cororations" and
6h7 1erform such other related functions as may !e
assigned from time to time !y the Chairman.
61B7 *he :ocal &overnments Audit )ffice shall !e headed !y a
>irector and shall erform the following functions2
6a7 E%ercise control and suervision over the
imlementation of auditing rules and regulations in local
government units in the (ational Caital Region"
6!7 Review audit reorts covering local government units
in the (ational Caital Region"
6c7 E%ercise control and suervision over ersonnel,
lanning, financial 6!udgetary and accounting7, and
legal matters ertaining to the )ffice and Auditing units
under it"
6d7 +ormulate and develo lans, oerating standards,
methods and techni5ues for the imlementation of
auditing rules and regulations in local government units"
6e7 +ormulate accounting and auditing rules and
regulations for local government units"
6f7 1reare for the Commission, the annual financial
reort of local government units"
6g7 Advise and assist the Chairman on matters
ertaining to the audit of local government units" and
6h7 1erform such other related functions as may !e
assigned from time to time !y the Chairman.
Secti! 8. %uditin! )nits in #e!ional ,ffices@ Structure and
(unctions. # *he Regional )ffices in Region , to I,,, each to !e
headed !y a >irector shall erform the following functions2
617 E%ercise suervision and control over the imlementation
of auditing rules and regulations in any agency of the
government with rincial office or lace of oerations within
the regions"
687 Review local, national and cororate audit reorts
ertaining to the region"
697 E%ercise control and suervision over ersonnel, lanning,
financial 6!udgetary and accounting7, and legal matters
ertaining to the region" and
6;7 1erform such other related functions as may !e assigned
!y the Chairman.
Secti! 9. %uditin! )nits in Government %!encies@ Structure and
(unctions. # *he Auditing 0nits in government agencies shall erform
the following functions2
617 E%amine, audit and settle all accounts, funds, financial
transactions and resources of government agencies under their
'urisdiction.
687 Su!mit audit reorts and such other reorts as may !e
re5uired !y the Commission"
697 Gee and reserve e%ense vouchers, 'ournal vouchers,
stu!s of treasury warrants and chec3s, reorts of collections
and dis!ursements and similar documents together with their
suorting aers, under regulations of the Commission" and
6;7 1erform such other functions as may !e assigned to them
!y the Chairman.
CHAPTER &
,URISDICTION. PO*ERS AND FUNCTIONS OF THE
COMMISSION
Secti! 1). Statement of ,b8ectives. # ,n 3eeing with the
constitutional mandate, the Commission adheres to the following
o!'ectives2
617 >etermine whether or not the fiscal resonsi!ility that rests
directly with the head of the government agency has !een
roerly and effectively discharged"
687 >evelo and imlement a comrehensive audit rogram
that shall encomass an e%amination of financial transactions,
accounts and reorts, including evaluation of comliance with
alica!le laws and regulations"
697 ,nstitute control measures through the romulgation of
auditing and accounting rules and regulations governing the
receits dis!ursements, and uses of funds and roerty,
consistent with the total economic develoment efforts of the
&overnment"
6;7 1romulgate auditing and accounting rules and regulations
so as to facilitate the 3eeing, and enhance the information
value of the accounts of the &overnment"
6<7 ,nstitute measures designed to reserve and ensure the
indeendence of its reresentatives" and
6=7 Endeavor to !ring its oerations closer to the eole !y the
delegation of authority through decentraliAation, consistent
with the rovisions of the Constitution and the laws.
Secti! 11. General 4urisdiction. #
617 *he Commission on Audit shall have the ower, authority,
and duty to e%amine, audit, and settle all accounts ertaining
to the revenue and receits of, and e%enditures or uses of
funds and roerty, owned or held in trust !y, or ertaining to,
the &overnment, or any of its su!divisions, agencies, or
instrumentalities, including government#owned or controlled
cororations with original charters, and on a ost#audit !asis2
6a7 constitutional !odies, commissions and offices that have
!een granted fiscal autonomy under this Constitution" 6!7
autonomous state colleges and universities, 6c7 other
government#owned or controlled cororations and their
su!sidiaries" and 6d7 such non#governmental entities receiving
su!sidy or e5uity, directly or indirectly from or through the
&overnment, which are re5uired !y law or the granting
institution to su!mit to such audit as a condition of su!sidy or
e5uity. However, where the internal control system of the
audited agencies is inade5uate, the Commission may adot
such measures, including temorary or secial re#audit, as
are necessary and aroriate to correct the deficiencies. ,t
shall 3ee the general accounts of the &overnment and, for
such eriod as may !e rovided !y law, reserve the vouchers
and other suorting aers ertaining thereto.
687 *he Commission shall have e%clusive authority, su!'ect to
the limitations in this Article, to define the scoe of its audit
and e%amination, esta!lish the techni5ues and methods
re5uired therefor, and romulgate accounting and auditing
rules and regulations, including those for the revention and
disallowance of irregular, unnecessary, e%cessive, e%travagant,
or unconsciona!le e%enditures, or uses of government funds
and roerties.
Secti! 12. %ppointin! Po-er. # *he Commission 1roer shall
aoint in accordance with the Civil Service :aw, the officials and
emloyees of the Commission wherever they are stationed or
assigned.
Secti! 1%. E2aminin! %uthority. # *he Commission shall have
authority to e%amine !oo3s, aers, documents filed !y individuals
and cororations with, and which are in the custody of, government
offices in connection with government revenue collection oerations,
for the sole urose of ascertaining that all funds determined !y the
aroriate agencies and collecti!le and due the &overnment have
actually !een collected, e%cet as otherwise rovided in the ,nternal
Revenue Code of 1977.
Secti! 1&. 3isitorial %uthority. #
617 *he Commission shall have visitorial authority over non#
government entities su!sidiAed !y the &overnment, those
re5uired to ay levies or have government shares, those which
have received counterart funds from the &overnment or are
artly funded !y donations through the &overnment. *his
authority, however, shall ertain only to the audit of these
funds or su!sidies coming from or through the &overnment"
and
687 0on direction of the 1resident, the Commission shall
li3ewise e%ercise visitorial authority over non#governmental
entities whose loans are guaranteed !y the &overnment,
rovided that such authority shall ertain only to the audit of
the governmentEs contingent lia!ility.
Secti! 1'. (ee for %udit and ,ther Services. #
617 *he Commission shall fi% and collect reasona!le fees for
the different services rendered to non#government entities that
shall !e audited in connection with their dealings with the
&overnment arising from su!sidiaries, counterart funding !y
&overnment, or where audited records !ecome the !asis for a
government levy or share. +ees of this nature shall accrue to
the &eneral +und and shall !e remitted to the *reasurer of the
1hiliines within ten 61B7 days following the comletion of the
audit" and
687 Whenever the Commission contracts with any government
entity to render audit and related services !eyond the normal
scoe of such services, the Commission is emowered to fi%
and collect reasona!le fees. Such fees shall either !e
aroriated in the agencyEs current !udget, charged against
its savings, or aroriated in its succeeding yearEs !udget.
Remittance shall accrue to the &eneral +und and shall !e made
to the *reasurer of the 1hiliines within the time rovided for
in the contract of service, or in the !illing rendered !y the
Commission.
Secti! 1(. Deputization of Private "icensed Professionals to %ssist
Government %uditors. #
617 *he Commission may, when the e%igencies of the service
also re5uire, deutiAe and retain in the name of the
Commission such certified u!lic accountants and other
licensed rofessionals not in the u!lic service as it may deem
necessary to assist government auditors in underta3ing
secialiAed audit engagements" and
687 *he deutiAed rofessionals shall !e entitled to such
comensation and allowances as may !e stiulated, su!'ect to
ertinent rules and regulations on comensation and fees.
Secti! 17. Government Contracts for %uditin!* %ccountin! and
#elated Services. #
617 (o government agency shall enter into any contract with
any rivate erson or firm for services to underta3e studies
and services relating to government auditing, including
services to conduct, for a fee, seminars or wor3shos for
government ersonnel on these toics, unless the roosed
contract is first su!mitted to the Commission to ena!le it to
determine if it has the resources to underta3e such studies or
services. *he Commission may engage the services of e%erts
from the u!lic or rivate sectors in the conduct of these
studies" and
687 Should the Commission decide not to underta3e the study
or service, it shall nonetheless have the ower to review the
contract in order to determine the reasona!leness of its costs.
Secti! 18. Settlement of %ccounts +et-een %!encies. # *he
Commission shall have the ower, under such regulations as it may
rescri!e, to authoriAe and enforce the settlement of accounts
su!sisting !etween agencies of the &overnment.
Secti! 19. Collection of /ndebtedness Due to the Government. #
*he Commission shall, through roer channels, assist in the
collection and enforcement of all de!ts and claims, and the restitution
of all funds or the relacement or ayment as a reasona!le rice of
roerty, found to !e due the &overnment, or any of its su!divisions,
agencies or instrumentalities, or any government#owned or controlled
cororation or self#governing, !oard, commission or agency of the
&overnment, in the settlement and ad'ustment of its accounts. ,f any
legal roceeding is necessary to that end, the Commission shall refer
the case to the Solicitor &eneral, the &overnment Cororate Counsel,
or the :egal Staff of the Creditor &overnment )ffice or agency
concerned to institute such legal roceeding. *he Commission shall
e%tend full suort in the litigation. All such moneys due and aya!le
shall !ear interest at the legal rate from the date of written demand
!y the Commission.
Secti! 2). Po-er to Compromise Claims. #
617 When the interest of the &overnment so re5uires, the
Commission may comromise or release in whole or in art,
any settled claim or lia!ility to any government agency not
e%ceeding ten thousand esos arising out of any matter or
case !efore it or within its 'urisdiction, and with the written
aroval of the 1resident, it may li3ewise comromise or
release any similar claim or lia!ility not e%ceeding one hundred
thousand esos. ,n case the claim or lia!ility e%ceeds one
hundred thousand esos, the alication for relief therefrom
shall !e su!mitted, through the Commission and the 1resident,
with their recommendations, to the Congress" and
687 *he Commission may, in the interest of the &overnment,
authoriAe the charging or crediting to an aroriate account in
the (ational *reasury, small discreancies 6overage or
shortage7 in the remittances to, and dis!ursements of, the
(ational *reasury, su!'ect to the rules and regulations as it
may rescri!e.
Secti! 21. #etention of oney for Satisfaction of /ndebtedness to
Government. # When any erson is inde!ted to any government
agency, the Commission may direct the roer officer to withhold the
ayment of any money due such erson or his estate to !e alied in
satisfaction of the inde!tedness.
Secti! 22. %uthority to E2amine %ccounts of Public )tilities. #
617 *he Commission shall e%amine and audit the !oo3s,
records and accounts of u!lic utilities in connection with the
fi%ing of rates of every nature, or in relation to the roceedings
of the roer regulatory agencies, for uroses of determining
franchise ta%es"
687 Any u!lic utility refusing to allow an e%amination and
audit of its !oo3s of accounts and ertinent records, or offering
unnecessary o!struction to the e%amination and audit, or
found guilty of concealing any material information concerning
its financial status shall !e su!'ect to the enalties rovided !y
law" and
697 >uring the e%amination and audit, the u!lic utility
concerned shall roduce all the reorts, records, !oo3s of
accounts and such other aers as may !e re5uired. *he
Commission shall have the ower to e%amine under oath any
official or emloyee of the said u!lic utility.
Secti! 2%. Submission of Papers #elative to ,bli!ations. #
617 *he Commission shall have the ower, for uroses of
insection, to re5uire the su!mission of the original of any
order, deed, contract, or other document under which any
collection, or ayment from, government funds may !e made,
together with any certificate, receit, or other evidence in
connection therewith. ,f authenticated coy is needed for
record uroses, the coy shall uon demand !e furnished"
687 ,n the case of deeds to roerty urchased !y any
government agency, the Commission shall re5uire a certificate
of title entered in favor of the &overnment or other evidence
satisfactory to it that the title is in the &overnment" and
697 ,t shall !e the duty of the officials or emloyees concerned,
including those in non#government entities under audit, or
affected in the audit of government and non#government
entities, to comly with these re5uirements. +ailure or refusal
to do so without 'ustifia!le cause shall !e a ground for
administrative discilinary action as well as for disallowing
ermanently a claim under e%amination, assessing additional
levy or government share, or withholding or withdrawing
government funding or donation through the &overnment.
Secti! 2&. /nvesti!atory and /n$uisitorial Po-ers. # *he Chairman
or any Commissioner, the Central )ffice Fanagers, the Regional
>irectors, the Auditors of any government agency, and any other
official or emloyee of the Commission secially deuted in writing
for the urose !y the Chairman shall, in comliance with the
re5uirement of due rocess have the ower to summon the arties to
a case !rought !efore the Commission for resolution, issue su!oena
and su!oena duces tecum, administer oaths, and otherwise ta3e
testimony in any investigation or in5uiry on any matter within the
'urisdiction of the Commission.
Secti! 2'. Po-er to Punish Contempt. # *he Commission shall have
the ower to unish contemt rovided for in the Rules of Court
under the same rocedure and with the same enalties rovided
therein. Any violation of any final and e%ecutory decision, order or
ruling of the Commission shall constitute contemt of the
Commission.
Secti! 2(. %nnual #eport of the Commission. #
617 *he Commission shall su!mit to the 1resident, and the
Congress not later than the last day of Setem!er of each year
an annual reort on the financial condition and results of
oeration of all agencies of the &overnment which shall include
recommendations of measures necessary to imrove the
efficiency and effectiveness of these agencies"
687 *o carry out the uroses of this section, the Chief
Accountant or the official in charge of 3eeing the accounts of
government agency shall su!mit to the Commission year#end
trial !alances and such other suorting or su!sidiary
statements as may !e re5uired !y the Commission not later
than the fourteenth 61;7 day of +e!ruary. *rial !alances
returned !y the Commission for revision due to non#
comliance with accounting rules and regulations shall !e
resu!mitted within three days after the date of receit !y the
official concerned" and
697 +ailure on the art of any official or emloyee to comly
with the rovisions of the immediately receding aragrah
shall cause the automatic susension of the ayment of his
salary and other emoluments until he shall have comlied
therewith. *he violation of these rovisions for at least three
697 times shall su!'ect the offender to administrative
discilinary action.
Secti! 27. Statement of onthly #eceipts and Disbursements. #
*he Commission shall forward to the Secretary of +inance, as soon as
and within si%ty 6=B7 days after the e%iration of each month, a
statement of all receits of the national government of whatever
class, and ayments of moneys made on warrants or otherwise
during the receding month.
Secti! 28. Po-ers* (unctions* Duties of %uditors as
#epresentatives of the Commission. #
617 *he Auditors shall e%ercise such owers and functions as
may !e authoriAed !y the Commission in the e%amination,
audit and settlement of the accounts, funds, financial
transactions and resources of the agencies under their
resective audit 'urisdiction"
687 A reort of audit for each calendar year shall !e su!mitted
on the last wor3ing day of +e!ruary following the close of the
year !y the head of each auditing unit through the Commission
to the head or the governing !ody of the agency concerned,
and coies thereof shall !e furnished the government officials
concerned or authoriAed to receive them. Su!'ect to such rules
and regulations as the Commission may rescri!e, the reort
shall set forth the scoe of audit and shall include statements
of financial conditions, surlus or deficit analysis, oerations,
changes in financial osition, and such comments and
information as may !e necessary together with such
recommendations with resect thereto as may !e advisa!le,
including a reort of any imairment of caital noted in the
audit. ,t shall also show secifically any rogram, e%enditure,
or other financial transaction or underta3ing o!served in the
course of the audit which in the oinion of the auditor has !een
carried out or made without authority of law. *he auditor shall
render such other reorts as the Commission may re5uire2
697 ,n the erformance of their resective audit functions as
herein secified, the auditors shall emloy such auditing
rocedures and techni5ues as are determined !y the
Commission under regulations that it may romulgate" and
6;7 *he auditors in all auditing units shall have the custody and
!e resonsi!le for the safe3eeing and reservation of aid
e%ense vouchers, 'ournal vouchers, stu!s of treasury
warrants or chec3s, reorts of collections and dis!ursements
and similar documents, together with their resective
suorting aers, under regulations of the Commission.
Secti! 29. Chec. and %udit of Property or Supplies. # *he auditor
shall from time to time conduct a careful and thorough chec3 and
audit of all roerty or sulies of the agency to which he is
assigned. Such chec3 and audit shall not !e confined to a mere
insection and e%amination of the ertinent vouchers, inventories,
and other aers !ut shall include an ocular verification of the
e%istence and condition of the roerty or sulies. *he
recommendation of the auditor shall !e em!odied in the roer
reort.
Secti! %). %nnual %udit and Wor. Pro!ram. # Each Auditor who is
head of an auditing unit shall develo and devise an annual wor3
rogram and the necessary audit rogram for his unit in accordance
with the regulations of the Commission.
Secti! %1. Seizure of ,ffice by %uditor. #
617 *he !oo3s, accounts, aers and cash of any local
treasurer or other accounta!le officer shall at all times !e oen
to the insection of the Commission or its authoriAed
reresentatives"
687 ,n case an e%amination of the accounts of a local treasurer
discloses a shortage in cash which should !e on hand, it shall
!e the duty of the e%amining officer to seiAe the office and its
contents, notify the Commission and the local chief e%ecutive,
thereuon immediately ta3e full ossession of the office and its
contents, close and render his accounts to the date of ta3ing
ossession, and temorarily continue the u!lic !usiness of
such office" and
697 *he auditor who ta3es ossession of the office of the local
treasurer under this section shall iso facto suersede the local
treasurer until the officer involved is restored, or another
erson has !een aointed or designated to the osition or
other rovision has !een lawfully made for filling the office.
Secti! %2. Constructive Distraint of Property of %ccountable ,fficer.
#
617 0on discovery in audit of a shortage in the accounts of
any accounta!le officer and uon a finding of a rima facie
case of malversation of u!lic funds or roerty against him, in
order to safeguard the interest of the &overnment, the
Commission may lace under constructive distraint ersonal
roerty of the accounta!le officer concerned where there is
reasona!le ground to !elieve that the said officer is retiring
from the government service or intends to leave the 1hiliines
or remove his roerty therefrom or hide or conceal his
roerty.
687 *he constructive distraint shall !e effected !y re5uiring the
accounta!le officer concerned or any other erson having
ossession or control of the roerty to accomlish a receit,
in the form of rescri!ed !y the Commission, covering the
roerty distrained and o!ligate himself to reserve the same
intact and unaltered and not to disose of it in any manner
whatever without the e%ress authority of the Commission"
and
697 ,n case the said accounta!le officer or other erson having
the ossession and control of the roerty sought to !e laced
under constructive distraint refuses or fails to accomlish the
receit herein referred to, the reresentative of the
Commission effecting the constructive distraint shall roceed to
reare a list of such roerty and, in the resence of two 687
witnesses, leave a coy thereof in the remises where the
roerty distrained is located, after which the said roerty
shall !e deemed to have !een laced under constructive
distraint.
CHAPTER '
DECISIONS OF THE COMMISSION
Secti! %%. %ppeal from Decision of %uditors. # Any erson
aggrieved !y the decision of an auditor of any government agency in
the settlement of an account or claim may, within si% 6=7 months
from receits of a coy thereof, aeal in writing to the Commission.
Secti! %&. Period for #enderin! Decisions of the Commission. # *he
Commission shall decide any case !rought !efore it within si%ty 6=B7
days from the date of its su!mission for resolution. ,f the account or
claim involved in the case needs reference to other ersons or office,
or to a arty interested, the eriod shall !e counted from the time
the last comment necessary to a roer decision is received !y it.
Secti! %'. %ppeal from Decision of the Commission. # Any decision,
order or ruling of the Commission may !e !rought to the Sureme
Court on certiorari !y the aggrieved arty within thirty days from his
receit of a coy thereof in the manner rovided !y law and the Rules
of Court. When the decision, order or ruling adversely affects the
interest of any government agency, the aeal may !e ta3en !y the
roer head that agency.
Secti! %(. (inality of Decision of the Commission or %ny %uditor. #
A decision of the Commission or of any Auditor uon any matter
within its or his 'urisdiction, if not aealed as herein rovided, shall
!e final and e%ecutory.
Secti! %7. ,penin! and #evision of Settled %ccounts. #
617 At any time !efore the e%iration of three 697 years after
the settlement of any account !y an auditor, the Commission
may motu rorio review and revise the account or settlement
and certify a new !alance. +or this urose, it may re5uire any
account, vouchers or other aers connected with the matter
to !e forwarded to it"
687 When any settled account aears to !e tainted with fraud,
collusion, or error of calculation, or when new and material
evidence is discovered, the Commission may, within three 697
years after the original settlement, oen the account and, after
a reasona!le time for rely or aearance of the arty
concerned, certify thereon a new !alance. An auditor may
e%ercise the same ower with resect to settled accounts
ertaining to the agencies under his audit 'urisdiction" and
697 Accounts once finally settled shall in no case !e oened or
reviewed e%cet as herein rovided.
CHAPTER (
GOVERNMENT AUDITING AND ACCOUNTING
Secti! %8. Definition of Government %uditin!. # &overnment
auditing is the analytical and systematic e%amination and verification
of financial transactions, oerations, accounts and reorts of any
government agency for the urose of determining their accuracy,
integrity and authenticity, and satisfying the re5uirements of law,
rules and regulations.
Secti! %9. General Standards. #
617 *he audit shall !e erformed !y a erson ossessed with
ade5uate technical training and roficiency as auditor"
687 ,n all matters relating to the audit wor3, the auditor shall
maintain comlete indeendence, imartiality and o!'ectivity
and shall avoid any ossi!le comromise of his indeendence
or any act which may create a resumtion of lac3 of
indeendence or the ossi!ility of undue influence in the
erformance of his duties" and
697 *he auditor shall e%ercise due rofessional care and !e
guided !y alica!le laws, regulations and the generally
acceted rinciles of accounting in the erformance of the
audit wor3 a well as in the rearation of audit and financial
reorts.
Secti! &). Definition of Government %ccountin!. # &overnment
accounting includes the rocess of analyAing, recording, classifying,
summariAing and communicating all transactions involving the receit
and disositions of government funds and roerty, and interreting
the results thereof.
Secti! &1. ,b8ectives of Government %ccountin!. # &overnment
accounting shall aim to roduce information concerning ast
oerations and resent conditions" rovide a !asis for guidance for
future oerations" rovide for control of the acts of u!lic !odies and
officers in the receit, disosition and utiliAation of funds and
roerty" and reort on the financial osition and the results of
oerations of government agencies for the information of all ersons
concerned.
CHAPTER 7
RECEIPT AND DISPOSITION OF FUNDS AND PROPERTY
Secti! &2. %ccountin! for oney and Property #eceived by Public
,fficials. # E%cet as may otherwise !e secifically rovided !y law or
cometent authority, all moneys and roerty officially received !y a
u!lic officer in any caacity or uon any occasion must !e accounted
for as government funds and government roerty. &overnment
roerty shall !e ta3en u in the !oo3s of the agency concerned at
ac5uisition cost or an araised value.
Secti! &%. Special* (iduciary and Trust (unds. # Receits shall !e
recorded as income of Secial, +iduciary or *rust +unds or +unds
other than the &eneral +und only when authoriAed !y law as
imlemented ursuant to law.
Secti! &&. /ssuance of ,fficial #eceipts. #
617 (o ayment of any nature shall !e received !y a collecting
officer without immediately issuing an official receit in
ac3nowledgment thereof. *he receit may !e in the form of
ostage, internal revenue or documentary stams and the li3e,
or officially num!ered receits, su!'ect to roer custody,
accounta!ility and audit" and
687 Where mechanical devices are used to ac3nowledge cash
receits, the Commission may arove, uon re5uest,
e%emtion from the use of accounta!le forms.
CHAPTER 8
APP$ICATION OF APPROPRIATED FUNDS
Secti! &'. Disbursement of Government (unds. #
617 Revenue funds shall not !e aid out of any u!lic treasury
or deository e%cet in ursuance of an aroriation law or
other secific statutory authority"
687 *rust funds shall not !e aid out of any u!lic treasury or
deository e%cet in fulfillment of the urose for which the
trust was created or funds received and uon authoriAation of
the legislative !ody, or head of any other agency of the
government having control thereof, and su!'ect to ertinent
!udget laws, rules and regulations"
697 (ational revenue and trust funds shall not !e withdrawn
from the (ational *reasury e%cet uon warrant or other
instruments of withdrawal aroved !y the Secretary of
+inance as recommended !y the *reasurer of the 1hiliines"
and
6;7 *emorary investment of investi!le cash in the (ational
*reasury in any securities issued !y the (ational &overnment
and its olitical su!divisions and instrumentalities, including
government#owned or controlled cororations as authoriAed !y
the Secretary of +inance, shall not !e construed as
dis!ursement of funds.
Secti! &(. %ppropriation +efore Enterin! into Contract. #
617 (o contract involving the e%enditure of u!lic funds shall
!e entered into unless there is an aroriation therefor, the
une%ended !alance of which, free of other o!ligations, is
sufficient to cover the roosed e%enditure" and
687 (otwithstanding this rovision, contracts for the
rocurement of sulies and materials to !e carried in stoc3
may !e entered into under regulations of the Commission
rovided that when issued, the sulies and materials shall !e
charged to the roer aroriations account.
Secti! &7. Certificate Sho-in! %ppropriation to eet Contract. #
E%cet in the case of a contract for ersonal service, for sulies for
current consumtion or to !e carried in stoc3 not e%ceeding the
estimated consumtion for three 697 months, or !an3ing transactions
of government#owned or controlled !an3s, no contract involving the
e%enditure of u!lic funds !y any government agency shall !e
entered into or authoriAed unless the roer accounting official of the
agency concerned shall have certified to the officer entering into the
o!ligation that funds have !een duly aroriated for the urose
and that the amount necessary to cover the roosed contract for the
current calendar year is availa!le for e%enditure on account thereof,
su!'ect to verification !y the auditor concerned. *he certificate signed
!y the roer accounting official and auditor who verified it, shall !e
attached to and !ecome an integral art of the roosed contract,
and the sum so certified shall not thereafter !e availa!le for
e%enditure for any other urose until the o!ligation of the
government agency concerned under the contract is fully
e%tinguished.
Secti! &8. 3oid Contract and "iability of ,fficer. # Any contract
entered into contrary to the re5uirements of the two 687 immediately
receding sections shall !e void, and the officer or officers entering
into the contract shall !e lia!le to the &overnment or other
contracting arty for any conse5uent damage to the same e%tent as
if the transaction had !een wholly !etween rivate arties.
Secti! &9. Countersi!nin! of Warrants or Chec.s by %uditors. # (o
warrant or chec3 shall !e aid !y the *reasury of the 1hiliines,
local treasurer, or any government deository unless it is
countersigned !y a duly authoriAed official of the Commission. When,
in the oinion of the Commission, the interest of the service so
re5uires, the warrant or chec3 may !e aid without the
countersignature under such rules and regulations as it may !e
rescri!ed from time to time.
CHAPTER 9
ACCOUNTA"I$ITY AND RESPONSI"I$ITY FOR GOVERNMENT
FUNDS AND PROPERTY
Secti! '). %ccountable ,fficers7 +oard #e$uirements. #
617 Every officer of any government agency whose duties
ermit or re5uire the ossession or custody government funds
shall !e accounta!le therefor and for safe3eeing thereof in
conformity with law" and
687 Every accounta!le officer shall !e roerly !onded in
accordance with law.
Secti! '1. Primary and Secondary #esponsibility. #
617 *he head of any agency of the &overnment is immediately
and rimarily resonsi!le for all government funds and
roerty ertaining to his agency"
687 1ersons entrusted with the ossession or custody of the
funds or roerty under the agency head shall !e immediately
resonsi!le to him, without re'udice to the lia!ility of either
arty to the &overnment.
Secti! '2. General "iability for )nla-ful E2penditures. #
E%enditures of government funds or uses of government roerty in
violation of law or regulations shall !e a ersonal lia!ility of the
official or emloyee found to !e directly resonsi!le therefor.
Secti! '%. 1rohi!ition Against 1ecuniary ,nterest. # (o accounta!le
or resonsi!le officer shall !e ecuniary interested, directly or
indirectly, in any contract or transaction of the agency in which he is
such an officer.
CHAPTER 1)
MISCE$$ANEOUS PROVISIONS
Secti! '&. Duty to #espect the Commission's /ndependence. # ,t
shall !e the duty of every erson to resect, rotect and reserve the
indeendence of the Commission.
Secti! ''. %dministrative Disciplinary %ction. # Su!'ect to rules and
regulations as may !e aroved !y the 1resident, any un'ustified
failure !y the u!lic officer concerned to comly with any
re5uirement imosed in *itle ,#?, ?oo3 @ of this Code shall constitute
neglect of duty and shall !e a ground for administrative discilinary
action against said u!lic officer who, uon !eing found guilty thereof
after hearing, shall !e meted out such enalty as is commensurate
with the degree of his guilt in accordance with the Civil Service :aw.
Reealed un'ustified failure to comly with the re5uirement imosed
in *itle ,#?, ?oo3 @ of this Code shall !e conclusive roof that the
u!lic officer concerned is notoriously undesira!le.
S45tit-e C
COMMISSION ON E$ECTIONS
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # *he State shall at all times ensure
free, orderly, honest, eaceful and credi!le elections under a free and
oen arty system which shall !e allowed to evolve according to the
free choice of the eole su!'ect to the rovisions of Article ,I#C of
the 19$7 Constitution of the 1hiliines.
Secti! 2. Po-ers and (unctions. # ,n addition to the owers and
functions conferred uon it !y the constitution, the Commission shall
have e%clusive charge of the enforcement and administration of all
laws relative to the conduct of elections for the urose of insuring
free, orderly, honest, eaceful and credi!le elections, and shall2
617 1romulgate rules and regulations imlementing the
rovisions of the )mni!us Elections Code or other laws which
the Commission is re5uired to enforce and administer"
687 +i% other reasona!le eriods for certain re#election
re5uirements in order that voters shall not !e derived of their
rights of suffrage and certain grous of rights granted them in
the )mni!us Election Code"
0nless indicated in the )mni!us Election Code, the
Commission is here!y authoriAed to fi% the aroriate eriod
for the various rohi!ited acts enumerated therein, consistent
with the re5uirements of free, orderly, honest, eaceful and
credi!le elections.
697 E%ercise direct and immediate suervision and control over
national and local officials or emloyees, including mem!ers of
any national or local law enforcement agency and
instrumentality of the government re5uired !y law to erform
duties relative to the conduct of elections, le!iscite,
referendum, recall and initiative. ,n addition, it may authoriAe
CF* cadets, eighteen years of age and a!ove to act as its
deuties for the urose of enforcing its orders"
*he Commission may relieve any officer or emloyee referred
to in the receding aragrah from the erformance of his
duties relating to electoral rocesses who violates the election
law or fails to comly with its instructions, orders, decisions or
rulings, and aoint his su!stitute. 0on recommendation of
the Commission, the corresonding roer authority shall
susend or remove from office any or all of such officers or
emloyees who may after due rocess, !e found guilty of such
violation or failure.
6;7 >uring the eriod of the camaign and ending thirty days
thereafter, when in any area of the country there are ersons
committing acts of terrorism to influence eole to vote for or
against any candidate or olitical arty, the Commission shall
have the ower to authoriAe any mem!er or mem!ers of the
Armed +orces of the 1hiliines, the (ational ?ureau of
,nvestigation, the ,ntegrated (ational 1olice or any similar
agency or instrumentality of the government, e%cet civilian
home defense forces, to act as deuties for the urose of
insuring the holding of free, orderly, honest, eaceful and
credi!le elections"
6<7 1u!lish at least ten 61B7 days !efore an election in a
newsaer of general circulation certified data on the num!er
of official !allots and election returns and the names and
address of the rinters and the num!er rinted !y each"
6=7 Refuse, motu roio or uon a verified etition, to give due
course to or cancel a certificate of candidacy if it is shown that
said certificate has !een filed to ut the election rocess in
moc3ery or disreute or to cause confusion among the voters
!y the similarity of the names of the registered candidates or
!y other circumstances or acts which clearly demonstrate that
the candidate has no !ona fide intention to run for the office
for which the certificate of candidacy has !een filed and thus
revent a faithful determination of the true will of the
electorate"
677 1ostone, motu roio or uon verified etition and after
due notice and hearing where!y all interested arties are
afforded e5ual oortunity to !e heard, the election to a date
which should !e reasona!ly close to the date of the election
not held, susended or which resulted in a failure to elect !ut
not later than thirty days after the cessation of the cause for
such ostonement or susension of the election or failure to
elect, when for any serious cause such as violence, terrorism,
loss or destruction of election arahernalia or records, force
ma'eure, and other analogous causes the holding of a free,
orderly, honest, eaceful and credi!le election should !ecome
imossi!le in any olitical su!division.
6$7 Call for the holding or continuation of election not held in
any olling lace where on account of force ma'eure, violence,
terrorism, fraud or other analogous causes the election has not
!een held on the date fi%ed, or had !een susended !efore the
hour fi%ed !y law for the closing of the voting, or after the
voting and during the rearation and the transmission of the
election returns or in the custody or canvass thereof, such
election results in a failure to elect, and in any of such cases
the failure or susension of election would affect the result of
the election. Such call should !e on the !asis of a verified
etition !y any interested arty and after due notice and
hearing and the new date should !e reasona!ly close to the
date of the election not held, susended or which resulted in a
failure to elect !ut not later than thirty 69B7 days after the
cessation of the cause of such ostonement or susension of
the election or failure to elect.
697 Call a secial election to elect the mem!er to serve the
une%ired ortion in case a vacancy arises in the Senate or in
the House of Reresentatives eighteen 61$7 months or more
!efore a regular election, to !e held within si%ty 6=B7 days
after the vacancy occurs"
61B7 Summon the arties to a controversy ending !efore it,
issue su!oena duces tecum and ta3e testimony in any
investigation or hearing !efore it, and delegate such ower to
any officer of the Commission who shall !e a mem!er of the
1hiliine ?ar. ,n case of failure of a witness to attend, the
Commission, uon roof of service of the su!oena to said
witness, may issue a warrant to arrest the witness and !ring
him !efore the Commission or the officer !efore whom his
attendance is re5uired"
Any controversy su!mitted to the Commission shall, after
comliance with the re5uirements of due rocess, !e
immediately heard and decided !y it within si%ty 6=B7 days
from the date of its su!mission for decision or resolution. (o
decision or resolution shall !e rendered !y the Commission
either en !anc or !y division unless ta3en u in a formal
session roerly convened for the urose"
*he Commission may when necessary, avail itself of the
assistance of any national or local law enforcement agency and
or instrumentality of the government to e%ecute under its
direct and immediate suervision any of its final decisions,
orders, instruction or rulings"
6117 1unish for contemt according to the rocedure, and with
the same enalties rovided, in the Rules of Court. Any
violation of any final and e%ecutory decision, order or ruling of
the Commission shall constitute contemt thereof"
6187 Enforce and e%ecute its decisions, directives, orders and
instructions which shall have recedence over those emanating
from any other authority, e%cet the Sureme Court and those
issued in ha!eas corus roceedings"
6197 1rescri!e the forms to !e used in the election, le!iscite
or referendum, recall or initiative"
61;7 1rocure any sulies, e5uiment, materials or services
needed for the holding of the election !y u!lic !idding" !ut if
it finds the re5uirements of u!lic !idding imractical to
o!serve, then !y negotiations or sealed !ids, and in !oth
cases, the accredited arties shall !e duly notified"
61<7 1rescri!e the use or adotion of the latest technological
and electronic devices, ta3ing into account the situation
revailing in the area and funds availa!le for the urose. *he
Commission shall notify the authoriAed reresentatives of
accredited olitical arties and candidates in areas affected !y
the use or adotion of technological and electronic devices not
less than thirty days rior to the effectivity of the use of such
devices"
61=7 Constitute a ool of stand!y#teachers from which
su!stitutes shall !e drawn in case a mem!erHs of the ?oard of
Election ,nsectors who, for one reason or another, failed to
reort or refused to act as such on the day of election.
6177 Carry out a continuing and systematic camaign through
newsaers of general circulation, radio and other media forms
to educate the u!lic and fully inform the electorate a!out
election laws, rocedures, decisions, and other matters relative
to the wor3s and duties of the Commission and the necessity of
clean, free, orderly, honest, eaceful and credi!le electoral
rocesses"
61$7 Accredit non#artisan grous or organiAations of citiAens
from the civic, youth, rofessional, education, !usiness or la!or
sectors 3nown for their ro!ity, imartiality and integrity with
the mem!ershi and caa!ility to underta3e a coordinated
oeration and activity to assist it in the imlementation of the
rovisions of )mni!us Election Code and the resolutions,
orders and instructions of the Commission for urose of
ensuring free, orderly, honest, eaceful and credi!le elections
in any constituency. Such grous or organiAation shall
functions under the direct and immediate control and
suervision of the Commission"
6197 Conduct hearings on controversies ending !efore it in
the cities or rovinces uon roer motion of any arty, ta3ing
into consideration the materiality and num!er of witnesses to
!e resented, the situation revailing in the area and the fund
availa!le for the urose"
68B7 Have e%clusive 'urisdiction over all re#roclamation
controversies. ,t may motu rorio or uon written etition,
and after due notice and hearing, order the artial or total
susension of the roclamation of any candidate#elect or annul
artially or totally any roclamation, if one has !een made, as
the evidence shall warrant. (otwithstanding the endency of
any reroclamation controversy, the Commission may, motu
roio or uon filing of a verified etition and after due notice
and hearing, order the roclamation of other winning
candidates whose election will not !e affected !y the outcome
of the controversy.
6817 Have the e%clusive ower, through its duly authoriAed
legal officers, to conduct reliminary investigation of all
election offenses unisha!le under the )mni!us Election Code
and to rosecute the same. *he Commission may avail itself of
the assistance of other rosecuting arms of the government2
1rovided, however, that in the event that the Commission fails
to act on any comlaint within four 6;7 months from its filing,
the comlainant may file the comlaint with the office of the
fiscal or with the >eartment of Custice for roer investigation
and rosecution, if warranted" and
6887 1erform such other functions as may !e rovided !y law.
Secti! %. Enforcement Po-ers. # +or the effective enforcement of
the rovisions of the )mni!us Election Code, the Commission is
further vested and charged with the following owers, duties and
resonsi!ilities2
1. *o sto any illegal activity, or confiscate, tear down, and
sto any unlawful, li!elous, misleading or false election
roaganda, after due notice and hearing" and
8. *o in5uire into the financial records of candidates and any
organiAation or grou of ersons, motu roio or uon written
reresentation for ro!a!le cause !y any candidate,
organiAation or grou of ersons or 5ualified voter, after due
notice and hearing.
+or uroses of this Section, the Commission may avail itself of the
assistance of the Commission on Audit, the Central ?an3, the
(ational ?ureau of ,nvestigation, the ?ureau of ,nternal Revenue, the
Armed +orces of the 1hiliines, the ,ntegrated (ational 1olice of the
1hiliines, !arangay officials and other agencies of the government.
CHAPTER 2
THE COMMISSION PROPER
Secti! &. Composition and 5ualifications. # *here shall !e a
Commission on Elections comosed of a Chairman and si% 6=7
Commissioners who shall !e natural !orn citiAens of the 1hiliines
and, at the time of their aointment, at least thirty#five 69<7 years
of age, holders of a college degree, and must not have !een
candidates for any elective osition in the immediately receding
elections. However, a ma'ority thereof, including the Chairman, shall
!e mem!ers of the 1hiliine ?ar who have !een engaged in the
ractice of law for at least ten 61B7 years.
Secti! '. %ppointment and Term of ,ffice. # *he Chairman and the
Commissioners shall !e aointed !y the 1resident with the consent
of the Commission on Aointments for a term of seven 677 years
without reaointment. )f those first aointed, three 697 Fem!ers
shall hold office for seven 677 years, two 687 mem!ers for five 6<7
years, and the last mem!ers for three 697 years, without
reaointment. Aointment to any vacancy shall !e only for the
une%ired term of the redecessor. ,n no case shall any Fem!er !e
aointed or designated in a temorary or acting caacity.
Secti! (. Dis$ualifications. # *he Chairman and mem!ers of the
Commission shall !e su!'ect to the canons of 'udicial ethics in the
discharge of their functions.
(o chairman or commissioners shall sit in any case in which he has
manifested !ias or re'udice or antagonism against any arty thereto
and in connection therewith, or in any case in which he would !e
dis5ualified under the Rules of Court. ,f it !e claimed that the
chairman or a commissioner is dis5ualified as a!ove rovided, the
arty o!'ecting to his cometency may file his o!'ection in writing
with the Commission stating the ground therefor. *he official
concerned shall continue to articiate in the hearing or withdraw
therefrom in accordance with his determination of the 5uestion of his
dis5ualification. *he decision shall forthwith !e made in writing and
filed with the other aers of the case in accordance with the Rules of
Court. ,f a dis5ualification should result in a lac3 of 5uorum in the
Commission sitting en !anc, the 1residing Custice of the Court of
Aeals shall designate a 'ustice of said court to sit in said case for
the urose of hearing and reaching a decision thereon.
Secti! 7. Chairman as E2ecutive ,fficer7 Po-ers and Duties. # *he
Chairman, who shall !e the Chief E%ecutive )fficer of the
Commission, shall2
617 E%ecute and administer the olicies, decisions, orders and
resolutions aroved !y the Commission"
687 >irect and suervise the oerations and internal
administration of the Commission"
697 Sign aointments of su!ordinate officials and emloyees
made !y the Commission and enforce decisions on
administrative disciline involving them"
6;7 Fa3e temorary assignments, rotate and transfer
ersonnel in accordance with the rovisions of the civil service
law"
6<7 Su!mit an annual !udget to the Commission for its
aroval"
6=7 >elegate his authority, in whole or in art, to other officials
of the Commission, in accordance with the rules and
regulations of the Commission" and
677 1erform such other duties as may !e authoriAed !y the
Commission.
Secti! 8. E2ecutive Director7 Po-ers and Duties. # *he E%ecutive
>irector of the Commission shall2
617 Advise and assist the Chairman in the formulation and
imlementation of the o!'ectives, olicies, lans and rograms
of the Commission"
687 Serve as the rincial assistant of the Chairman in the
overall suervision of the administrative !usiness of the
Commission"
697 )versee all the oerational activities of the Commission"
6;7 Coordinate the rograms and ro'ects of the Commission
and !e resonsi!le for its economical, efficient and effective
administration"
6<7 Serve as deuty to the Chairman in all matters relating to
the oerational activities of the Commission"
6=7 Administer oaths in connection with all matters relating to
the !usiness of the Commission" and
677 1erform such other duties as may !e assigned !y the
Chairman.
Secti! 9. Staff and ,peratin! )nits. # *he Commission shall have
the following staff and oerating units2 )ffice of the Chairman, )ffice
of the E%ecutive >irector, )ffice of the Electoral Contests
Ad'udication, Regional )ffices, Election and ?arangay Affairs
>eartment, :aw >eartment, Election Records and Statistics
>eartment, Administrative Service >eartment, 1lanning
>eartment, 1ersonnel >eartment, +inance Services >eartment
and Education and ,nformation >eartment.
Secti! 1). Duties and (unctions of ,ffices and Departments of the
Commission. # *he different offices and deartments of the
Commission shall oerate in accordance with their resective duties
and functions assigned to them !y the Commission, su!'ect to the
re5uirements of efficiency, economy and effectiveness, and ertinent
?udget and Civil Service :aw, rules and regulations.
CHAPTER %
THE FIE$D OFFICES
Secti! 11. (ield ,ffice of the Commission. # *he Commission shall
have the following field offices2
617 Regional Election )ffice, headed !y the Regional Election
>irector and assisted !y the Assistant Regional >irector and
such other su!ordinate officers or emloyees as the
Commission may aoint"
687 1rovincial Election )ffice, headed !y the 1rovincial Election
Suervisor and assisted !y such other su!ordinate officers or
emloyees as the Commission may aoint"
697 City Funicial Election )ffice, headed !y the CityHFunicial
Election Registrar who shall !e assisted !y an election cler3
and such other emloyees as the Commission may aoint.
*he Commission may delegate its owers and functions or
order the imlementation or enforcement of its orders, rulings
or decisions through the heads of its field offices.
Secti! 12. 5ualifications of 1eads of field ,ffices. # )nly mem!ers
of the 1hiliines ?ar shall !e eligi!le for aointment to the osition
of regional director, assistant regional director, rovincial election
suervisor and election registrar. However, if there are no mem!ers
of the 1hiliine ?ar availa!le for aointment as election registrar,
e%cet in cities and caital towns, graduates of duly recogniAed
schools of law, li!eral arts, education or !usiness administration who
ossess the aroriate civil service eligi!ility may !e aointed to
said osition.
Secti! 1%. Chan!es in the Composition* Distribution of %ssi!nment
of (ield ,ffices. # *he Commission may ma3e changes in the
comosition, distri!ution and assignment of field offices, as well as its
ersonnel, whenever the e%igencies of the service and the interest of
free, orderly, honest, eaceful and credi!le election so re5uire2
1rovided, *hat such changes shall !e effective and enforcea!le only
for the duration of the election eriod concerned and shall not affect
the tenure of office of the incum!ents of ositions affected and shall
not constitute a demotion, either in ran3 of salary, nor result in a
change of status" and 1rovided, further, that there shall !e no
changes in the comosition, distri!ution or assignment within thirty
69B7 days !efore election, e%cet for cause and after due notice and
hearing, and that in no case shall a regional or assistant regional
director !e assigned to a region, or a rovincial election suervisor to
a rovince, or a city municial election registrar to a city or
municiality, where he andHor his souse are related to any candidate
within the fourth civil degree of consanguinity or affinity as the case
may !e.
Tit-e II
OTHER "ODIES
S45tit-e A
C66i77i! ! H468! Ri9:t7
Secti! 1. Composition and 5ualification. # *he Commission on
Human Rights shall !e comosed of a Chairman and four 6;7
Fem!ers who must !e natural#!orn citiAens of the 1hiliines and, at
the time of their aointment, at least thirty#five years of age, and
must not have !een candidates for any elective osition in the
elections immediately receding their aointment. However, a
ma'ority thereof shall !e mem!ers of the 1hiliine ?ar.
Secti! 2. Po-ers and (unctions. # *he Commission on Human
Rights shall2
617 ,nvestigate, on its own or on comlaint !y any arty, all
forms of human rights violations involving civil and olitical
rights"
687 Adot its oerational guidelines and rules of rocedure, and
cite for contemt violations thereof in accordance with the
Rules of Court"
697 1rovide aroriate legal measures for the rotection of
human rights of all ersons within the 1hiliines, as well as
+iliinos residing a!road, and rovide for reventive measures
and legal aid services to the under#rivileged whose human
rights have !een violated or need rotection"
6;7 E%ercise visitorial owers over 'ails risons, or detention
facilities"
6<7 Esta!lish a continuing rogram of research, education and
information to enhance resect for the rimacy of human
rights"
6=7 Recommend to the Congress effective measures to
romote human rights and to rovide for comensation to
victims of violations of human rights, or their families"
677 Fonitor the 1hiliine &overnmentEs comliance with
international treaty o!ligations on human rights"
6$7 &rant immunity from rosecution to any erson whose
testimony or whose ossession of documents or other evidence
is necessary or convenient to determine the truth in any
investigation conducted !y it or under its authority"
697 Re5uest the assistance of any deartment, !ureau, office,
or agency in the erformance of its functions"
61B7 Aoint its officers and emloyees in accordance with law"
and
6117 1erform such other duties and functions as may !e
rovided !y law.
Secti! %. /nhibitions %!ainst Commissioners. # *he Chairman and
the Fem!ers of the Commission on Human Rights shall not, during
their tenure, hold any other office or emloyment. (either shall they
engage in the ractice of any rofession or in the active management
or control of any !usiness which in any way will !e affected !y the
functions of their office, nor shall they !e financially interested,
directly or indirectly, in any contract with, or in any franchise or
rivilege granted !y the government, any of its su!divisions,
agencies, or instrumentalities, including government#owned or
controlled cororations or their su!sidiaries.
Secti! &. Term of ,ffice. # *he Chairman and the Fem!ers of the
Commission on Human Rights shall !e aointed !y the 1resident for
a term of seven years without reaointment. Aointment to any
vacancy shall !e only for the une%ired term of the redecessor.
Secti! '. Compensation. # *he Chairman and the Fem!ers of the
Commission on Human Rights shall receive the same salary as the
Chairman and Fem!ers, resectively, of the Constitutional
Commissions, which shall not !e decreased during their term of
office.
Secti! (. %nnual %ppropriations. # *he aroved annual
aroriations of the Commission on Human Rights shall !e
automatically and regularly released.
S45tit-e "
O;;ice ; t:e O654<768!
Secti! 1. Composition. #
617 *he )ffice of the )m!udsman shall !e headed !y the
)m!udsman, to !e 3nown as the *anod#!ayan, who shall !e
assisted !y one overall >euty and at least !y one >euty
each for :uAon, @isayas and Findanao. A searate >euty for
the military esta!lishment may li3ewise !e aointed.
687 ,t shall have such other officials and emloyees, to !e
aointed !y the )m!udsman according to the Civil Service
:aw.
Secti! 2. Po-ers and (unctions. # *he )ffice of the )m!udsman
shall2
617 ,nvestigate on its own, or on comlaint !y any erson, any
act or omission of any u!lic official, emloyee, office or
agency, when such act or omission aears to !e illegal,
un'ust, imroer, or inefficient"
687 >irect, uon comlaint or at its own instance, any u!lic
official or emloyee of the &overnment, or any su!division,
agency or instrumentality thereof, as well as of any
government#owned or controlled cororation with original
charter, to erform and e%edite any act or duty re5uired !y
law, or to sto, revent, and correct any a!use or imroriety
in the erformance of duties"
697 >irect the officer concerned to ta3e aroriate action
against a u!lic official or emloyee at fault, and recommend
his removal, susension, demotion, fine, censure, or
rosecution, and ensure comliance therewith"
6;7 >irect the officer concerned, in any aroriate case, and
su!'ect to such limitations as may !e rovided !y law, to
furnish it with coies of documents relating to contracts or
transactions entered into !y his office involving the
dis!ursement or use of u!lic funds or roerties, and reort
any irregularity to the Commission on Audit for aroriate
action"
6<7 Re5uest any government agency for assistance and
information necessary in the discharge of its resonsi!ilities,
and to e%amine, if necessary, ertinent records and
documents"
6=7 1u!liciAe matters covered !y its investigation when
circumstances so warrant and with due rudence"
677 >etermine the causes of inefficiency" red tae,
mismanagement, fraud, and corrution in the &overnment and
ma3e recommendations for their elimination and the
o!servance of high standards of ethics and efficiency"
6$7 1romulgate its rules of rocedure and e%ercise such other
owers or erform such functions or duties as may !e rovided
!y law.
Secti! %. %ction and Complaints. # *he )m!udsman and his
>euties, as rotectors of the eole, shall act romtly on comlaint
filed in any form or manner against u!lic officials or emloyees of
the &overnment, or any su!division, agency or instrumentality
thereof, including government#owned or controlled cororations, and
shall, in aroriate cases, notify the comlainants of the action
ta3en and the result thereof.
Secti! &. (iscal %utonomy. # *he )ffice of the )m!udsman shall
en'oy fiscal autonomy. ,ts aroved annual aroriations shall !e
automatically and regularly released.
S45tit-e C
T:e N8ti!8- Ec!6ic 8!< De=e->6e!t A4t:?it@
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Declaration of Policy. # *he State shall ensure that all
socio#economic rograms and activities of the government shall !e
rogrammed within the conte%t of well#formulated and consistent
long, medium, and short#term develoment lans and olicies to
romote !oth the growth of the economy and the e5uita!le
distri!ution of the !enefits of such growth to the mem!ers of society.
*o this end, it is recogniAed that the formulation of the re5uired
socio#economic develoment olicies and lans is a vital rocess that
calls for the articiation of the various government agencies and
rivate sector institutions and individuals concerned, !oth on
national, regional, and local levels. *his rocess of olicy and lan
formulation, however needs to !e coordinated closely !y a central
government agency to ensure consistency of these lans and olicies
and otimal use of the nationEs scarce resources.
Secti! 2. National Economic and >eveloment Authority. # *he
(ational Economic and >eveloment Authority shall serve as an
indeendent lanning agency of the government.
Secti! %. Po-ers and (unctions of the %uthority. # *he owers and
functions of the Authority are vested in the (E>A ?oard.
*he Authority shall rimarily !e resonsi!le for formulating
continuing, coordinated and fully integrated social and economic
olicies, lans and rograms, on the !asis of the following2
617 *he State aims to achieve o!'ectives of growth couled
with e5uity"
687 >eveloment leading to the attainment of the a!ove
mentioned goals is a multi#faceted rocess that calls for the
coordination and integration of olicies, lans, rograms and
ro'ects of all sectors of society"
697 ,n the formulation of !asic olicies, lans, rograms and
ro'ects, there shall !e ma%imum articiation !y and
consultation with concerned rivate sector grous, community
organiAations and !eneficiaries and local government units in
order to ensure that riority needs are incororated into such
olicies, lans, rograms and ro'ects"
6;7 (ational lans shall !e in fact the sum of nationally and
regionally identified targets and strategies and locally
formulated aroaches to erceived local needs and riorities,
carried out within the framewor3 of national strategies"
6<7 Fa'or socio#economic olicies, lans, rograms and
ro'ects of different government agencies must !e roerly
coordinated with the Authority at !oth the national and
regional levels rior to their adotion, in order to ensure their
consistency with esta!lished national riorities and
coordination with other olicies, lans, rograms and ro'ects
of the government" and
6=7 *he lin3age !etween develoment lanning, rogramming
and !udgeting shall !e of the highest riority in lanning and
!udgeting activities.
*he Authority, after due consultation with the rivate sector,
community organiAations and !eneficiaries, local government units
and aroriate u!lic agencies, shall !e resonsi!le for studying,
reviewing, formulating and recommending continuing, coordinated
and fully integrated economic and develoment olicies, lans and
rograms, including the formulation of annual and medium#term
u!lic investment rograms, rogramming official develoment
assistance in the form of grants and concessional loans from foreign
governments and multilateral agencies and organiAations and the
monitoring and evaluation of lan imlementation.
Secti! &. Composition of the %uthority. # *he Authority shall !e
comosed of two searate and distinct entities2 the ?oard and the
Secretariat.
CHAPTER 2
NEDA "OARD
Secti! '. Composition of the NED% +oard. # *he (E>A ?oard shall
!e comosed of the following2
*he 1resident # Chairman
>irector#&eneral of the (E>A # @ice#
Secretariat Chairman
E%ecutive Secretary # Fem!er
Secretary of +inance # Fem!er
Secretary of *rade L ,ndustry # Fem!er
Secretary of Agriculture # Fem!er
Secretary of Environment L (atural
Resources
# Fem!er
Secretary of 1u!lic Wor3s and
Highways
# Fem!er
Secretary of ?udget and
Fanagement
# Fem!er
Secretary of :a!or L Emloyment # Fem!er
Secretary of :ocal &overnment # Fem!er
*he 1resident may, however, revise the mem!ershi of the (E>A ?oard
whenever the same is deemed necessary for the effective erformance of
the ?oardEs functions through an administrative or memorandum order.
Secti! (. eetin!s. # *he (E>A ?oard shall meet at least once a month or
as fre5uently as is necessary to discharge its resonsi!ilities as called for !y
the 1resident. When the 1resident is una!le to attend a meeting, the
>irector#&eneral of the (E>A may reside as Chairman, in the a!sence of
any 1residential reference.
*he 1resident however continues to have the ower to designate from
among the mem!ers of the (E>A ?oard the Chairman that can
aroriately reresent the 1resident, to reside over secific meetings.
Secti! 7. National Economic Development %uthority /nter&a!ency
Committees. # *o assist the (E>A ?oard in the erformance of its functions,
there are here!y created the following committees which shall hereafter !e
under the direct control of the (E>A ?oard and shall su!mit all their
recommendations to the 1resident for aroval on matters involving their
resective concerns. *he Chairman of these committees shall !e designated
!y the 1resident. *he (E>A ?oard shall li3ewise determine where the
technical staff of the said committees shall !e !ased.
617 >eveloment ?udget Coordination Committee 6>?CC7 # *he
>?CC, to !e comosed of the >irector#&eneral of the (ational
Economic >eveloment Authority Secretariat, the E%ecutive Secretary
and the Secretaries of +inance and of ?udget and Fanagement, shall
have the following functions2
6a7 Recommend for 1residentEs aroval the level of the annual
government e%enditure rogram and the ceiling of
government sending for economic and social develoment,
national defense, general government and de!t service"
6!7 Recommend to the 1resident the roer allocation of
e%enditures for each develoment activity !etween current
oerating e%enditures and caital outlay" and
6c7 Recommend to the 1resident the amount set to !e
allocated for caital outlay under each develoment activity for
the various caital or infrastructure ro'ects.
687 ,nvestment Coordination Committee 6,CC7 # *he ,CC to !e
comosed of the >irector#&eneral of the (ational Economic
>eveloment Authority Secretariat, the E%ecutive Secretary, the
Secretaries of +inance, Agriculture, *rade and ,ndustry and of ?udget
and Fanagement and the &overnor of the Central ?an3 shall have
the following functions2
6a7 Evaluate the fiscal, monetary and !alance of ayments
imlications of ma'or national ro'ects and recommend to the
1resident the timeta!le for the imlementation of these
ro'ects on a regular !asis" and
6!7 Recommend to the 1resident a domestic and foreign
!orrowing rogram udated each year" and su!se5uently
su!mit to the 1resident a status of fiscal, monetary and
!alance of ayments imlications of ma'or national ro'ects.
697 Committee on Social >eveloment 6S>C7 # *he S>C to !e
comosed of the >irector#&eneral of the (ational Economic
>eveloment Authority Secretariat, the E%ecutive Secretary, and the
Secretaries of Education, Culture and Sorts, :a!or and Emloyment,
Health, :ocal &overnment, Agrarian Reform, Agriculture and Social
Welfare and >eveloment shall have the following functions2
6a7 Advise the 1resident and the (E>A ?oard on matters
concerning social develoment, including education,
manower, health and nutrition, oulation and family
lanning, housing, human settlements and the delivery of
other social services"
6!7 Coordinate the activities of government agencies concerned
with social develoment" and
6c7 Recommend to the 1resident government olicies,
rograms and ro'ects on social develoment consistent with
national develoment o!'ectives and riorities.
6;7 Committee on ,nfrastructure 6,(+RAC)F7 # the ,(+RAC)F to !e
comosed of the >irector#&eneral of the (ational Economic
>eveloment Authority Secretariat, the E%ecutive Secretary, and the
Secretaries of 1u!lic Wor3s and Highways, *ransortation and
Communications, +inance, and ?udget and Fanagement shall have
the following functions2
6a7 Advise the 1resident and the (E>A ?oard or matters
concerning infrastructure develoment including highways,
airorts, seaorts and shore rotection" railways" ower
generation, transmission and distri!ution" telecommunications"
irrigation, flood control and drainage" water suly" national
!uildings for government offices" hositals, sanitation and
related !uildings" state colleges and universities, elementary
and secondary school !uildings" and other u!lic wor3s"
6!7 Coordinate the activities of agencies, including
government#owned or controlled cororations concerned with
infrastructure develoment" and
6c7 Recommend to the 1resident government olicies,
rograms and ro'ects concerning infrastructure develoment
consistent with national develoment o!'ectives and riorities.
6<7 Committee on *ariff and Related Fatters 6*RF7 # *he *RF to !e
comosed of the >irector#&eneral of the (ational Economic
>eveloment Authority Secretariat, the E%ecutive Secretary, the
Secretaries of *rade and ,ndustry, +oreign Affairs, Agriculture,
Environment and (atural Resources and ?udget and Fanagement,
the &overnment of the Central ?an3 and the Chairman of the *ariff
Commission shall have the following functions2
6a7 Advise the 1resident and the (E>A ?oard on tariff and
related matters, and on the effects on the country of various
international develoments"
6!7 Coordinate agency ositions and recommend national
ositions for international economic negotiations" and
6c7 Recommend to the 1resident a continuous rationaliAation
rogram for the countryEs tariff structure.
CHAPTER %
NEDA SECRETARIAT
Secti! 8. The NED% Secretariat. # *he Secretariat of (E>A shall have the
following functions2
617 Serve as the research and technical suort arm of the (E>A
?oard"
687 1rovide through its various organiAational units, technical staff
suort and assistance, including the conduct of studies and
develoment of olicy measures and other recommendations, on the
various asects of the su!stantive functions of develoment lanning
and olicy formulation, and coordination, evaluation and monitoring
of lan imlementation"
697 Serve as the Secretariat of the (E>A ?oard" and
6;7 1erform such other functions as may !e assigned to it !y the
(E>A ?oard to achieve its goals and o!'ectives.
Secti! 9. Structural ,r!anization. # *he (E>A Secretariat shall !e
comosed of the >irector#&eneral, three 697 >euty >irectors#&eneral, five
6<7 Assistant >irectors#&eneral, the (ational >eveloment )ffice, the
Regional >eveloment )ffice, the Central Suort )ffice and the Regional
)ffices.
Secti! 1). Director&General. # *he >irector#&eneral shall head the
Secretariat and shall li3ewise serve as @ice#Chairman of the (E>A ?oard.
He shall !e aointed !y the 1resident and shall carry the ran3 and title of
Secretary of Socio#Economic 1lanning and shall !e a mem!er of the
Ca!inet.
As Chief E%ecutive )fficer, he shall e%ercise general suervision and control
over its technical and administrative ersonnel.
Secti! 11. Deputy Directors&General. # *he >irector &eneral shall !e
assisted !y three 697 >euty >irectors#&eneral to !e aointed !y the
1resident, one to !e resonsi!le for the (ational >eveloment )ffice, one,
for the Regional >eveloment )ffice and one, for the Central Suort )ffice.
Secti! 12. %ssistant Directors&General. # *he >irector#&eneral shall also
!e assisted !y five 6<7 Assistant >irectors#&eneral to !e aointed !y the
1resident, who shall !e assigned to assist the >euty >irectors#&eneral in
their tas3s of coordinating and suervising their resective )ffices.
Secti! 1%. National Development ,ffice. # *he (ational >eveloment
)ffice shall rovide technical staff suort as may !e re5uired !y the (E>A
?oard in coordinating the formulation of national and sectoral olicies, lans
and rograms" monitor macro#economic and sectoral erformances"
reare the necessary economic reorts" conduct economic and
develoment studies on macro#level lans and olicies" and erform such
other aroriate lanning tas3s as may !e assigned !y the >irector#
&eneral.
,t shall !e comosed of the following2
617 (ational 1lanning and 1olicy Staff"
687 Agriculture Staff"
697 *rade, ,ndustry and 0tilities Staff"
6;7 ,nfrastructure Staff"
6<7 Social >eveloment Staff" and
6=7 1u!lic ,nvestment Staff.
Secti! 1&. #e!ional Development ,ffice. # *he Regional >eveloment
)ffice shall rovide technical staff suort as may !e re5uired !y the
imlementing agencies in the regions" monitor regional and inter#regional
develoment olicies, lans and rograms" reare integrated reorts on
regional lanning" conduct studies on regional develoment olicies" and
erform such other lanning tas3s as may !e assigned !y the >irector#
&eneral.
,t shall !e comosed of the following2
617 Regional >eveloment Coordination Staff"
687 1ro'ect Fonitoring Staff" and
697 Regional )ffices.
,n each of the administrative regions, there shall !e a regional office which
shall !e headed !y a Regional >irector who shall reort to the >euty
>irector#&eneral for Regional >eveloment )ffice. *he Regional >irector
shall !e aointed !y the 1resident.
Secti! 1'. Central Support ,ffice. # *he Central Suort )ffice shall !e
resonsi!le for roviding technical assistance and suort services to the
SecretariatEs organiAational units in the areas of develoment
administration, internal management imrovement, legal services,
develoment information, administrative services, and erform such other
suort service tas3s as may !e assigned !y the >irector#&eneral.
,t shall !e comosed of the following2
617 Fanagement Staff"
687 :egal Staff"
697 Administrative Staff"
6;7 Fanagement ,nformation System Staff" and
6<7 >eveloment ,nformation Staff.
CHAPTER &
ATTACHED AGENCIES
Secti! 1(. #etained %!encies. # *he following agencies, currently
attached to the Authority, shall continue to !e so attached for uroses of
suervision"
617 1hiliine ,nstitute for >eveloment Studies2
687 1hiliine (ational @olunteer Service Coordinating Agency" and
697 *ariff Commission.
*he Authority shall arrange for the transfer of the functions of the
following agencies to the Regional >eveloment Councils concerned
or other agencies as may !e aroriate2
617 Galinga Secial >eveloment Region"
687 :aguna :a3e >eveloment Authority"
697 :eyte Sa!#A ?asin >eveloment Authority.
*he (ational Council for ,ntegrated Area >eveloment 6(AC,A>7 and the
Central @isayas Regional 1ro'ects )ffice 6C@R1)7 are here!y transferred to
the Authority which shall, within one 617 year from the date of effectivity of
this Code, recommend their transfer to the aroriate deartment in
con'unction with the >eartment of ?udget and Fanagement. *he Authority
shall further review the functions and activities of all other ,ntegrated Area
>eveloment rograms and ro'ects and any other rograms re5uiring
multi#sectoral andHor multi#discilinary aroaches in order to recommend
the aroriate disosition and suervision of the same.
*he Authority shall furthermore review the mandate, o!'ectives and
functions of all develoment authorities in order to recommend such
disositions or revisions of their charters, as may !e deemed advisa!le.
"OO# VI
NATIONA$ GOVERNMENT "UDGETING
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Constitutional Policies on the +ud!et. #
617 All aroriations, revenue or tariff !ills, !ills authoriAing increase
of the u!lic de!t, !ills of local alication, and rivate !ills shall
originate e%clusively in the House of Reresentatives !ut the Senate
may roose or concur with amendments.
687 *he Congress may not increase the aroriations recommended
!y the 1resident for the oeration of the &overnment as secified in
the !udget. *he form, content and manner of rearation of the
!udget shall !e rescri!ed !y law.
697 (o rovision or enactment shall !e em!raced in the general
aroriations !ill unless it relates secifically to some articular
aroriation to which it relates.
6;7 *he rocedures in aroving aroriations for the Congress shall
strictly follow the rocedure for aroving aroriations for other
deartments and agencies.
6<7 A secial aroriations !ill shall secify the urose for which it
is intended, and shall !e suorted !y funds actually availa!le as
certified !y the (ational *reasurer or to !e raised !y a corresonding
revenue roosal therein.
6=7 (o law shall !e assed authoriAing any transfer of aroriations.
However, the 1resident, the 1resident of the Senate, the Sea3er of
the House of Reresentatives, the Chief Custice of the Sureme Court
and the heads of Constitutional Commissions may, !y law, !e
authoriAed to augment any item in the general aroriations laws
for their resective offices from savings in other items of their
resective aroriations.
677 >iscretionary funds aroriated for articular official shall !e
dis!ursed only for u!lic uroses to !e suorted !y aroriate
vouchers and su!'ect to such guidelines as may !e rescri!ed !y law.
6$7 ,f, !y the end of any fiscal year, the Congress shall have failed to
ass the general aroriations !ill for the ensuing fiscal year, the
general aroriations law for the receding fiscal year shall !e
deemed reenacted and shall remain in force and effect until the
general aroriations !ill is assed !y the Congress.
697 +iscal autonomy shall !e en'oyed !y the Cudiciary, Constitutional
Commissions, )ffice of the )m!udsman, :ocal &overnment and
Commission on Human Rights.
Secti! 2. Definition of Terms. # When used in this ?oo32
617 4Aroriation4 refers to an authoriAation made !y law or other
legislative enactment, directing ayment out of government funds
under secified conditions or for secified uroses.
687 4Allotment4 refers to an authoriAation issued !y the >eartment
of the ?udget to an agency, which allows it to incur o!ligation for
secified amounts contained in a legislative aroriation.
697 4?udget4 refers to a financial lan re5uired to !e reared
ursuant to Section 1= 617 , Article @,,, of the Constitution, reflective
of national o!'ectives, strategies and rograms.
6;7 4Current oerating e%enditures4 refers to aroriations for the
urchase of goods and services for current consumtion or for
!enefits e%ected to terminate within the fiscal year.
6<7 4Caital outlay4 or 4caital e%enditures4 refers to an
aroriation for the urchase of goods and services, the !enefits of
which e%tend !eyond the fiscal year and which add to the assets of
the &overnment, including investments in the caital of government#
owned or controlled cororations and their su!sidiaries.
6=7 4Continuing aroriation4 refers to an aroriation availa!le to
suort o!ligations for a secified urose or ro'ect, even when
these o!ligations are incurred !eyond the !udget year.
677 4E%ected result4 means service, roduct, or !enefit that will
accrue to the u!lic, estimated in terms of erformance measures or
targets.
6$7 4+iscal year4 refers to the eriod !eginning with the first day of
Canuary and ending with the thirty#first day of >ecem!er of each
calendar year.
697 *he 4&overnment4 means the (ational &overnment, including the
E%ecutive, the :egislative and the Cudicial ?ranches, and the
Constitutional Commissions.
61B7 4>eartment and agency4 and 4deartment or agency4 include
all deartments, !ureaus, offices, !oards, commissions, courts,
tri!unals, councils, authorities, administrations, centers, institutes,
state colleges and universities, and all other esta!lishments and
instrumentalities of the (ational &overnment as defined in the
receding aragrah.
6117 4)!ligation4 refers to an amount committed to !e aid !y the
&overnment for any lawful act made !y an authoriAed officer for and
in !ehalf of the &overnment.
6187 41rogram4 refers to the functions and activities necessary for the
erformance of a ma'or urose for which a government agency is
esta!lished.
6197 41ro'ect4 means a comonent of a rogram covering a
homogenous grou of activities that results in the accomlishment of
an identifia!le outut.
CHAPTER 2
"UDGET PO$ICY AND APPROACH
Secti! %. Declaration of Policy. # ,t is here!y declared the olicy of the
State to formulate and imlement a (ational ?udget that is an instrument
of national develoment, reflective of national o!'ectives, strategies and
lans. *he !udget shall !e suortive of and consistent with the socio#
economic develoment lan and shall !e oriented towards the achievement
of e%licit o!'ectives and e%ected results, to ensure that funds are utiliAed
and oerations are conducted effectively, economically and efficiently. *he
national !udget shall !e formulated within the conte%t of a regionaliAed
government structure and !orrowings of all levels of government and of
government#owned or controlled cororations. *he !udget shall li3ewise !e
reared within the conte%t of the national long#term lan and of a long#
term !udget rogram.
Secti! &. Plannin! and +ud!etin! "in.a!e. # *he !udget shall !e
formulated as an instrument for the attainment of national develoment
goals and as art of the lanning#rogramming#!udgeting continuum.
:evels of revenue, e%enditure and de!t shall !e esta!lished in relation to
macro#economic targets of growth, emloyment levels, and rice level
change, and shall !e develoed consistent with domestic and foreign de!t,
domestic credit and !alance of ayments o!'ectives for the !udget eriod.
*he aggregate magnitudes of the !udget shall !e determined in close
consultation among the lanning and fiscal agencies of government.
?udgetary riorities shall !e those secified in the aroved national lans,
3eeing in mind the caa!ility and erformance of the imlementing
agencies concerned. Agency !udget roosals shall e%licitly state lin3age
to aroved agency lans.
Secti! '. National #esource +ud!et. # *he finances of government shall
!e analyAed and determined as the aggregate of revenue, e%enditure and
de!t of all units of government, including the national government and its
agencies and instrumentalities, local government units and government#
owned or controlled cororations. *he national government !udget shall !e
evolved within the framewor3 of the total imact of government activity on
the national economy. *he !udgets of government cororations and local
governments shall !e consistent in form and timing with that of the national
government, to facilitate comrehensive evaluation.
Secti! (. #e!ional +ud!etin!. # *he !udgets of national government
agencies shall ta3e into full and e%licit consideration the goals, lans and
re5uirements of their resective regional offices, in the interest of full
government resonse to local thin3ing and initiative. *he !udget
rearation rocess shall originate at regional and local levels, and shall !e
consolidated and reviewed !y the central offices of the various national
agencies. *he regional develoment strategies and lans, including hysical
framewor3 and resource#use lans, shall !e considered in the rearation of
the !udget.
Secti! 7. "on! Term +ud!etin!. # *he annual !udgets of the national
government shall !e reared as an integral art of a long#term !udget
icture. *he long#term economic and hysical framewor3 lans of
government, multi#year re5uirements of aroved rograms and ro'ects,
organiAational and ersonnel develoment strategies, and other
commitments entered into or otherwise assumed !y government shall !e
secified in the !udget rocess.
Secti! 8. Development Pro8ects. # *he develoment rocess re5uires the
imlementation of ma'or develoment ro'ects of such siAe as to
significantly affect the infrastructure rogram, de!t ceilings, the !alance of
ayments, domestic credit, and government e%enditure levels. *he !udget
rocess shall formally consider the timing of ma'or national ro'ects, in
order to ensure the o!servance of esta!lished fiscal, monetary, international
ayments, and other constraints.
Secti! 9. Performance and (inancial #evie-. # *he analysis of agency
oerating erformance, the evaluation of erformance, the evaluation of
erformance relative to costs incurred and the review of agency oerating
systems and rocedures are inherent arts of the !udget rocess. Agencies
shall therefore design and imlement 617 management information systems
yielding !oth erformance and financial information which will ade5uately
monitor and control !udget imlementation, and 687 imrovements in
oerating systems, rocedures and ractices, so as to ensure that the
targets aroved in !udget authoriAation are in fact attained at minimum
cost.
Secti! 1). Compensation and Position Classification. # *he siAe of
ersonnel services e%enditures relative to the total !udget and the num!er
of agencies and ersonnel in government call for an effective national
comensation and osition classification olicy. *he Constitutional rincile
of a single comensation scheme for the government and its
instrumentalities is one of the !ases of the government !udget rocess.
CHAPTER %
"UDGET PREPARATION
Secti! 11. Submission of the +ud!et. # *he 1resident shall, in accordance
with Section 88 617, article @,, of the Constitution, su!mit within thirty 69B7
days from the oening of each regular session of the Congress as the !asis
for the rearation of the &eneral Aroriations Act, a national
government !udget estimated receits !ased on e%isting and roosed
revenue measures, and of estimated e%enditures.
*he 1resident shall include in the !udget su!mission the roosed
e%enditure level of the :egislative and Cudicial ?ranches and of
Constitutional !odies, which shall have undergone the same rocess of
evaluation and which shall have !een su!'ect to the same !udgetary
olicies and standards alica!le to agencies in the E%ecutive ?ranch.
*he 1resident may transmit to the Congress from time to time, such
roosed sulemental or deficiency aroriations as are, in his 'udgment,
617 necessary on account of laws enacted after the transmission of the
?udget, or 687 otherwise needed in the u!lic interest.
Secti! 12. (orm and Content of the +ud!et. # *he !udget roosal of the
1resident shall include current oerating e%enditures and caital outlays. ,t
shall comrise such funds as may !e necessary for the oeration of the
rograms, ro'ects and activities of the various deartments and agencies.
*he roosed &eneral Aroriations Act and other Aroriations Acts
necessary to cover the !udget roosals shall !e su!mitted to the Congress
to accomany the 1residentEs !udget su!mission.
*he !udget shall !e resented to the Congress in such form and content as
may !e aroved !y the 1resident and may include the following2
617 A !udget message setting forth in !rief the governmentEs
!udgetary thrusts for the !udget year, including their imact on
develoment goals, monetary and fiscal o!'ectives, and generally on
the imlications of the revenue, e%enditure and de!t#roosals" and
687 Summary financial statements setting forth2
6a7 Estimated e%enditures and roosed aroriations
necessary for the suort of the &overnment for the ensuing
fiscal year, including those financed from oerating revenues
and from domestic and foreign !orrowings"
6!7 Estimated receits during the ensuing fiscal year under
laws e%isting at the time the !udget is transmitted and under
the revenue roosals, if any, forming art of the yearEs
financing rogram"
6c7 Actual aroriations, e%enditures, and receits during
the last comleted fiscal year"
6d7 Estimated e%enditures and receits and actual or
roosed aroriations during the fiscal year in rogress"
6e7 Statements of the condition of the (ational *reasury at the
end of the last comleted fiscal year, the estimated condition
of the *reasury at the end of the fiscal year in rogress and the
estimated condition of the *reasury at the end of the ensuing
fiscal year, ta3ing into account the adotion of financial
roosals contained in the !udget and showing, at the same
time, the unencum!ered and uno!ligated cash resources"
6f7 Essential facts regarding the !onded and other long#term
o!ligations and inde!tedness of the &overnment, !oth
domestic and foreign, including identification of reciients of
loan roceeds" and
6g7 Such other financial statements and data as are deemed
necessary or desira!le in order to ma3e 3nown in reasona!le
detail the financial condition of the government.
Secti! 1%. +ud!et "evels. # *he ordinary income of government shall !e
used rimarily to rovide aroriations for current oerations, e%cet in
case of a national emergency or serious financial stress, the e%istence of
which has !een duly roclaimed !y the 1resident.
*he level of aggregate revenue e%enditure and de!t shall !e 'ointly
recommended to the 1resident !y the >eartment of ?udget and
Fanagement, the >eartment of +inance, the (ational Economic and
>eveloment Authority and the Central ?an3 of the 1hiliines, acting
within the >eveloment ?udget Coordination Committee of the (ational
Economic and >eveloment Authority.
(o aroriations for current oerations and caital outlays of the
&overnment shall !e roosed unless the amount involved is covered !y
the ordinary income, or unless it is suorted !y a roosal creating
additional sources of funds or revenue, including those generated from
domestic and foreign !orrowings, sufficient to cover the same. :i3ewise, no
aroriation for any e%enditure, the amount of which is not covered !y
the estimated income from the e%isting sources of revenue or availa!le
current surlus, may !e roosed, unless it is suorted !y a roosal
creating an additional source of funds sufficient to cover the same.
1roosals creating additional sources of funds shall !e reared in the form
of revenue !ills.
*he rovisions of this section shall not !e construed as imairing in any way
the ower of the Congress to enact revenue and aroriation !ills, nor the
authority of the 1resident to roose secial revenue and aroriation !ills
after the su!mission of the !udget.
Secti! 1&. +ud!et Estimates. # Each head of deartment, office or agency
of the (ational &overnment, including the :egislative and Cudicial ?ranches,
and including government owned or controlled cororations, shall su!mit his
re5uest for aroriations to the >eartment of ?udget in accordance with
the !udget calendar, format, and such rules and regulations as may !e
issued in imlementation of this >ecree.
*he !udget estimates of agencies shall include the following information2
617 )!'ectives, functions, activities, rograms and ro'ects showing
the general character and relative imortance of the wor3 to !e
accomlished or the services to !e rendered, and the rincial
elements of cost involved"
687 :in3age of the wor3 and financial roosals to aroved
develoment lans"
697 Estimated current oerating e%enditures and caital outlays,
with comarative data for the receding and current !udget years"
6;7 ,dentification !y region, ursuant to olicies on the
regionaliAation of government oerations"
6<7 +inancial sources, reflecting all revenues, roceeds of foreign and
domestic !orrowings, and other sources, articularly those which
accrue to the &eneral +unds"
6=7 Contingent lia!ilities, including national government guarantees
of o!ligations of government#owned or controlled cororations and
their su!sidiaries"
677 ?rief descrition of the ma'or thrusts and riority rograms and
ro'ects for the !udget year, results e%ected for each !udgetary
rogram and ro'ect, the nature of wor3 to !e erformed, estimated
costs er unit of wor3 measurement, including the various o!'ects of
e%enditure for each ro'ect"
6$7 )rganiAation charts and staffing atterns indicating the list of
e%isting and roosed ositions with corresonding salaries, and
roosals for osition classification and salary changes, duly
suorted !y ade5uate 'ustification.
Secti! 1'. #e!ional +ud!et. # *he ?udgets of national government
agencies shall !e reared ta3ing into full and careful consideration the
oortunities and re5uirements secific to the various regions of the
country. Where they are organiAed, regional offices shall originate agency
!udget roosals, in accordance with aroved riorities and guidelines.
Agencies which are not regionaliAed shall nonetheless estimate the amounts
lanned to !e sent for each region of the country.
*he Secretary shall identify !y region the e%enditure rograms of the
national government agencies in the national government !udget, and
release funds to national government agencies in accordance with the
aroved regional distri!ution of e%enditures, secifying the region of
destination.
>eartments and agencies shall su!#allot in full and without the imosition
of reserves, the aroved !udget allocation of their various regional offices,
e%cet as may !e authoriAed !y the Secretary, in case realignment of
e%enditures rove to !e necessary in the course of !udget e%ecution. *he
Secretary shall issue the rules and regulations needed to imlement the
rovisions of this section.
Secti! 1(. +ud!et Evaluation. # Agency roosals shall !e reviewed on
the !asis of their own merits and not on the !asis of a given ercentage or
eso increase or decrease from a rior yearEs !udget level, or other similar
rule of thum! that is not !ased on secific 'ustification. 1roosed activities,
whether new or ongoing, shall !e evaluated using a Aero#!ase aroach and
on the !asis of 617 relationshi with the aroved develoment lan, 687
agency caa!ility as demonstrated !y ast erformance, 697 comlemental
role with related activities of other agencies, and 6;7 other similar criteria.
*he realiAation of savings in a given !udget year and the conse5uent non#
utiliAation of funds aroriated or released to a given agency shall not !e a
negative factor in the !udget evaluation for a su!se5uent year.
Secti! 17. (orei!n&%ssisted Pro8ects. # *he !udgetary imlications of
foreign#assisted ro'ects shall !e e%licitly considered at the time of ro'ect
design and financing negotiation. *he ro'ect study shall secify the cash
flow re5uirements of the ro'ect, among others, for 617 ayment of rincial
and interest, 687 eso comonent of caital costs and ro'ect rearation,
697 infrastructure and suort facilities needed to !e directly financed !y
government, 6;7 oerating and other e%enditures which will !e ultimately
re5uired for &eneral +und suort when the ro'ect is imlemented, and 6<7
eso re5uirements needed as counterart. *he concurrence of the
>eartment of ?udget and Fanagement shall !e o!tained with resect to
eso re5uirements and imlication on e%enditure ceilings.
Secti! 18. Coordinatin! +odies. # *he !udgets of coordinating agencies,
councils, tas3 forces, authorities, committees, or other similar !odies shall
!e limited to and used to fund only such lanning, coordinating and
monitoring functions as are assigned to it. +unds for imlementation shall
!e !udgeted and released to the line imlementing agencies concerned"
rovided, that the !udgets of coordinating !odies may include a lum#sum
for uroses related to their assigned functions, which lum#sum shall !e
su!#allotted to imlementing agencies and not used !y the agency for its
own oerations2 rovided, further, that funds !udgeted for a given agency
falling within the 'urisdiction of a coordinating !ody, may !e su!'ect to
release uon aroval !y the coordinating agency of such release or of the
agencyEs wor3 rogram.
Secti! 19. +ud!etary #e$uirements of Government&,-ned or Controlled
Corporations. # *he internal oerating !udgets of government#owned or
controlled cororations and of chartered institutions shall !e aroved !y
their resective governing !oards in accordance with a !udget calendar and
format as may !e aroved !y the 1resident2 1rovided, that such !udgets
shall !e su!'ect to review and aroval as art of the !udget rocess in
cases where national government !udgetary suort is needed, in terms of
6a7 caital or e5uity inuts, 6!7 oerating contri!utions to suort secific
activities underta3en !y the institution as art of its regular functions, and
6c7 guarantee of the national government for o!ligations or contracts
entered into !y the cororations2 rovided, further, that the su!mission of
interim financial statements may !e re5uired !y the Secretary.
Secti! 2). Ta2 and Duty E2emptions. # All units of government, including
government#owned or controlled cororations, shall ay income ta%es,
customs duties and other ta%es and fees as are imosed under revenue
law2 rovided, that organiAations otherwise e%emted !y law for the
ayment of such ta%esHduties may as3 for a su!sidy from the &eneral +und
in the e%act amount of ta%esHduties due2 1rovided, further, that a rocedure
shall !e esta!lished !y the Secretary of +inance and the Secretary of the
?udget, where!y such su!sidies shall automatically !e considered as !oth
revenue and e%enditure of the &eneral +und.
Secti! 21. %ppropriation for Personal Services. # Aroriations for
ersonal services shall !e considered as included in the amount secified for
each !udgetary rogram and ro'ect of each deartment, ?ureau, office or
agency, and shall not !e itemiAed. *he itemiAation of ersonal services shall
!e reared !y the Secretary for consideration and aroval of the
1resident as rovided in Section 89 hereof2 1rovided, *hat itemiAation of
ersonal services shall !e reared for all agencies of the :egislative,
E%ecutive and Cudicial ?ranches and the Constitutional !odies, e%cet as
may !e otherwise aroved !y the 1resident for ositions concerned with
national security matters.
Secti! 22. Department %pproval of Proposed %ppropriations. # (o
legislative roosal which, if enacted, would authoriAed su!se5uent
aroriations, shall !e transmitted to the 1resident !y any !ureau or
agency without the rior aroval of the Head of the >eartment concerned
or !y the Chairman or Chief E%ecutive )fficer of a Ca!inet level !ody which
coordinates the multi#sectoral formulation and imlementation of a
articular rogram of e%enditure involving one or more deartments. (o
legislative roosal involving the aroriation of funds shall !e transmitted
to the Congress without the aroval of the 1resident.
CHAPTER &
"UDGET AUTHORI+ATION
Secti! 2%. Content of the General %ppropriations %ct. # *he &eneral
Aroriations Act shall !e resented in the form of !udgetary rograms
and ro'ects for each agency of the government, with the corresonding
aroriations for each rogram and ro'ect, including statutory rovisions
of secific agency or general alica!ility. *he &eneral Aroriations Act
shall not contain any itemiAation of ersonal services, which shall !e
reared !y the Secretary after enactment of the &eneral Aroriations
Act, for consideration and aroval of the 1resident.
Secti! 2&. Prohibition %!ainst the /ncrease of %ppropriation. # *he
Congress shall in no case increase the aroriation of any ro'ect or
rogram of any deartment, !ureau, agency or office of the &overnment
over the amount su!mitted !y the 1resident in his !udget roosal. ,n case
of any reduction in the roosed aroriation for a ro'ect or rogram, a
corresonding reduction shall !e made in the total aroriation of the
deartment, office or agency concerned and in the total of the &eneral
Aroriations ?ill.
Secti! 2'. Prohibition %!ainst Enactment of %dditional Special Provisions.
# *he Congress shall not add secial rovisions in the !udget earmar3ing
the use of aroriations for secific rograms or activities nor shall it
increase the amounts secified in secial rovisions !eyond those roosed
!y the 1resident.
Secti! 2(. %utomatic %ppropriations. # All e%enditures for 617 ersonnel
retirement remiums, government service insurance, and other similar fi%ed
e%enditures, 687 rincial and interest on u!lic de!t, 697 national
government guarantees of o!ligations which are drawn uon, are
automatically aroriated2 rovided, that no o!ligations shall !e incurred
or ayments made from funds thus automatically aroriated e%cet as
issued in the form of regular !udgetary allotments.
Secti! 27. Supplemental %ppropriations. # All aroriation roosals
shall !e included and considered in the !udget rearation rocess. After
the 1resident shall have su!mitted the ?udget, no sulemental
aroriation measure suorted from e%isting revenue measures shall !e
assed !y the Congress. However, sulemental or deficiency
aroriations involving the creation of new offices, rograms or activities
may !e enacted if accomanied and suorted !y new revenue sources.
Secti! 28. #eversion of )ne2pended +alances of %ppropriations*
Continuin! %ppropriations. # 0ne%ended !alances of aroriations
authoriAed in the &eneral Aroriation Act shall revert to the
unaroriated surlus of the &eneral +und at the end of the fiscal year and
shall not thereafter !e availa!le for e%enditure e%cet !y su!se5uent
legislative enactment2 1rovided, that aroriations for caital outlays shall
remain valid until fully sent or reverted2 rovided, further, that continuing
aroriations for current oerating e%enditures may !e secifically
recommended and aroved as such in suort of ro'ects whose effective
imlementation calls for multi#year e%enditure commitments2 rovided,
finally, that the 1resident may authoriAe the use of savings realiAed !y an
agency during given year to meet non#recurring e%enditures in a
su!se5uent year.
*he !alances of continuing aroriations shall !e reviewed as art of the
annual !udget rearation rocess and the rearation rocess and the
1resident may arove uon recommendation of the Secretary, the
reversion of funds no longer needed in connection with the activities funded
!y said continuing aroriations.
Secti! 29. "oan Proceeds. # E%enditures funded !y foreign and domestic
!orrowings shall !e included within the e%enditure rogram of the agency
concerned. :oan roceeds, whether in cash or in 3ind, shall not !e used
without the corresonding release of funds through a Secial ?udget as
herein rovided.
Secti! %). Contin!ent "iabilities. # &overnment agencies, articularly
government#owned or controlled cororations, shall eriodically reort to
the Secretary of +inance and the Secretary of ?udget on the status of
o!ligations they have entered into and which are the su!'ect of government
guarantees.
Secti! %1. "iability for )nauthorized Printin! Press #evisions. # ,t shall !e
unlawful for any erson to ma3e any unauthoriAed revision of any figure,
te%t or rovision in the &eneral Aroriations Act and in the other !udget
documents during or in the rocess of the rinting. Any unauthoriAed
change made either !y addition, modification or deletion, shall !e null and
void.
1ersons who, in violation of this section, ma3e any unauthoriAed revision in
the !udget documents, shall !e criminally lia!le for falsification of legislative
documents under the Revised 1enal Code. When the offender is a
government official or emloyee, he shall, in addition to criminal
rosecution, !e dismissed from the service.
CHAPTER '
"UDGET EXECUTION
Secti! %2. )se of %ppropriated (unds. # All moneys aroriated for
functions, activities, ro'ects and rograms shall !e availa!le solely for the
secific uroses for which these are aroriated.
Secti! %%. %llotment of %ppropriations. # AuthoriAed aroriations shall
!e allotted in accordance with the rocedure outlined hereunder2
617 Aroriations authoriAed for any >eartment or agency of the
&overnment may !e made availa!le for e%enditure when the head
of each >eartment or agency su!mits to the Secretary a re5uest for
allotment of funds showing the estimated amounts needed for each
function, activity or urose for which the funds are to !e e%ended
during the alica!le allotment eriod. *he form and the time of
su!mission of the re5uest for allotment showing the roosed
5uarterly allotments of the whole authoriAed aroriation for the
deartment or agency, shall !e rescri!ed !y the Secretary.
687 ,n the administration of the allotment system herein rovided,
each calendar year shall !e divided into four 5uarterly allotment
eriods !eginning, resectively, on the first day of Canuary, Aril, Culy
and )cto!er. ,n any case where the 5uarterly allotment eriod is
found to !e imractical or otherwise undesira!le, the Secretary may
rescri!e a different eriod suited to the circumstances.
697 Re5uest for allotment shall !e aroved !y the Secretary who
shall ensure that e%enditures are covered !y aroriations !oth as
to amount and urose and who shall consider the ro!a!le needs of
the deartment or agency for the remainder of the fiscal year or
eriod for which the aroriation was made.
6;7 At the end of every 5uarter, each deartment or agency shall
reort to the Secretary the current status of its aroriations, the
cumulative allotments, o!ligations incurred or li5uidated, total
dis!ursements, unli5uidated o!ligations and une%ended !alances
and the results of e%ended aroriations.
6<7 Releases of funds aroriated for a given agency may !e made
to its regional offices if dictated !y the need and urgency of regional
activities.
6=7 *he Secretary shall have authority to modify or amend any
allotment reviously issued. ,n case he shall find at any time that the
ro!a!le receits from ta%es or other sources of any fund will !e less
than anticiated and that as a conse5uence the amount availa!le for
the remainder of the term of the aroriations or for any allotment
eriod will !e less than the amount estimated or allotted therefor, he
shall, with the aroval of the 1resident and after notice to the
deartment or agency concerned, reduce the amount or amounts
allotted so as to conform to the targeted !udgetary goals.
677 *he Secretary shall maintain a control record showing 5uarterly
!y funds, accounts, and other suita!le classifications, the amounts
aroriated" the estimated revenues, the actual revenues or
receits, the amounts allotted and availa!le for e%enditures, the
unli5uidated o!ligations, actual !alances on hand, and the
unencum!ered !alance of the allotments for each deartment or
agency of the &overnment.
Secti! %&. Pro!ram of E2penditure. # *he Secretary of ?udget shall
recommend to the 1resident the yearEs rogram of e%enditure for each
agency of the government on the !asis of authoriAed aroriations. *he
aroved e%enditure rogram shall constitute the !asis for fund release
during the fiscal eriod, su!'ect to such olicies, rules and regulations as
may !e aroved !y the 1resident.
Secti! %'. Special +ud!ets for "ump&Sum %ppropriations. # E%enditures
from lum#sum aroriations authoriAed for any urose or for any
deartment, office or agency in any annual &eneral Aroriations Act or
other Act and from any fund of the (ational &overnment, shall !e made in
accordance with a secial !udget to !e aroved !y the 1resident, which
shall include !ut shall not !e limited to the num!er of each 3ind of osition,
the designations, and the annual salary roosed for which an aroriation
is intended. *his rovision shall !e alica!le to all revolving funds, receits
which are automatically made availa!le for e%enditure for certain secific
uroses, aids and donations for carrying out certain activities, or deosits
made to cover to cost of secial services to !e rendered to rivate arties.
0nless otherwise e%ressly rovided !y law, when any ?oard, head of
deartment, chief of !ureau or office, or any other official, is authoriAed to
aroriate, allot, distri!ute or send any lum#sum aroriation or
secial, !ond, trust, and other funds, such authority shall !e su!'ect to the
rovisions of this section.
,n case of any lum#sum aroriation for salaries and wages of temorary
and emergency la!orers and emloyees, including contractual ersonnel,
rovided in any &eneral Aroriation Act or other Acts, the e%enditure of
such aroriation shall !e limited to the emloyment of ersons aid !y
the month, !y the day, or !y the hour.
Secti! %(. Cash +ud!ets. # An oerational cash !udget shall !e
imlemented to ensure the availa!ility of cash resources for riority
develoment ro'ects and to esta!lish a sound !asis for determining the
level, tye and timing of u!lic !orrowings. *he rocedure, formal,
accounts, and other details necessary for the e%ecution, monitoring and
control asects of the system shall !e determined 'ointly !y the Secretary of
+inance, the Secretary of the ?udget and the Chairman of the Commission
on Audit.
Secti! %7. Creation of %ppropriation #eserves. # *he Secretary may
esta!lish reserves against aroriations to rovide for contingencies and
emergencies which may arise later in the calendar year and which would
otherwise re5uire deficiency aroriations.
*he esta!lishment of aroriation reserves shall not necessarily mean that
such ortion of the aroriation will not !e made availa!le for e%enditure.
Should conditions change during the fiscal year 'ustifying the use of the
reserve, necessary ad'udgments may !e made !y the Secretary when
re5uested !y the deartment, official or agency concerned.
Secti! %8. Suspension of E2penditure of %ppropriations. # E%cet as
otherwise rovided in the &eneral Aroriations Act and whenever in his
'udgment the u!lic interest so re5uires, the 1resident, uon notice to the
head of office concerned, is authoriAed to susend or otherwise sto further
e%enditure of funds allotted for any agency, or any other e%enditure
authoriAed in the &eneral Aroriations Act, e%cet for ersonal services
aroriations used for ermanent officials and emloyees.
Secti! %9. %uthority to )se Savin!s in %ppropriations to Cover Deficits. #
E%cet as otherwise rovided in the &eneral Aroriations Act, any savings
in the regular aroriations authoriAed in the &eneral Aroriations Act
for rograms and ro'ects of any deartment, office or agency, may, with
the aroval of the 1resident, !e used to cover a deficit in any other item of
the regular aroriations2 rovided, that the creation of new ositions or
increase of salaries shall not !e allowed to !e funded from !udgetary
savings e%cet when secifically authoriAed !y law2 rovided, further, that
whenever authoriAed ositions are transferred from one rogram or ro'ect
to another within the same deartment, office or agency, the corresonding
amounts aroriated for ersonal services are also deemed transferred,
without, however increasing the total outlay for ersonal services of the
deartment, office or agency concerned.
Secti! &). Certification of %vailability of (unds. # (o funds shall !e
dis!ursed, and no e%enditures or o!ligations chargea!le against any
authoriAed allotment shall !e incurred or authoriAed in any deartment,
office or agency without first securing the certification of its Chief
Accountant or head of accounting unit as to the availa!ility of funds and the
allotment to which the e%enditure or o!ligation may !e roerly charged.
(o o!ligation shall !e certified to accounts aya!le unless the o!ligation is
founded on a valid claim that is roerly suorted !y sufficient evidence
and unless there is roer authority for its incurrence. Any certification for a
non#e%istent or fictitious o!ligation andHor creditor shall !e considered void.
*he certifying official shall !e dismissed from the service, without re'udice
to criminal rosecution under the rovisions of the Revised 1enal Code. Any
ayment made under such certification shall !e illegal and every official
authoriAing or ma3ing such ayment, or ta3ing art therein or receiving
such ayment, shall !e 'ointly and severally lia!le to the government for the
full amount so aid or received.
Secti! &1. Prohibition %!ainst the /ncurrence of ,verdraft. # Heads of
deartments, !ureaus, offices and agencies shall not incur nor authoriAe the
incurrence of e%enditures or o!ligations in e%cess of allotments released !y
the Secretary for their resective deartments, offices and agencies. 1arties
resonsi!le for the incurrence of overdrafts shall !e held ersonally lia!le
therefor.
Secti! &2. %d8ustment of %ppropriations for #eor!anization. # When under
authority of law, a function or an activity is transferred or assigned from
one agency to another, the !alances of aroriations which are determined
!y the head of such deartment to !e availa!le and necessary to finance or
discharge the function or activity so transferred or assigned may, with the
aroval of the 1resident, !e transferred to and !e made availa!le for use
!y the agency to which said function or activity is transferred or assigned
for the urose for which said funds were originally availa!le. ?alances so
transferred shall !e credited to any alica!le e%isting aroriation
account or to new aroriation accounts which are here!y authoriAed to !e
esta!lished, and shall !e merged with any fund already in the alica!le
e%isting or newly esta!lished aroriation account or accounts and
thereafter accounted for as one fund.
*he funding re5uirement of agencies reorganiAed in accordance with
aroved reorganiAation lans or reorganiAed ursuant to law enacted after
the aroval of the &eneral Aroriations Act, are deemed aroriated
and shall !e availa!le for e%enditure as soon as the reorganiAation lans
are aroved. *he Secretary of ?udget is here!y authoriAed to ma3e
necessary ad'ustments in the aroriations to carry out the rovisions of
this section. *he deartment head concerned, with the aroval of the
Secretary of ?udget, is here!y authoriAed to ma3e necessary salary
ad'ustments resulting from final selection of ersonnel to fill the ositions in
the staffing atterns of reorganiAed agencies, to ma3e necessary salary
ad'ustments resulting from new aointments, romotions or salary
increases, su!'ect to the rovisions of 1residential >ecree (o. 9$<.
Secti! &%. "iability for /lle!al E2penditures. # Every e%enditure or
o!ligation authoriAed or incurred in violation of the rovisions of this Code
or of the general and secial rovisions contained in the annual &eneral or
other Aroriations Act shall !e void. Every ayment made in violation of
said rovisions shall !e illegal and every official or emloyee authoriAing or
ma3ing such ayment, or ta3ing art therein, and every erson receiving
such ayment shall !e 'ointly and severally lia!le to the &overnment for the
full amount so aid or received.
Any official or emloyee of the &overnment 3nowingly incurring any
o!ligation, or authoriAing any e%enditure in violation of the rovisions
herein, or ta3ing art therein, shall !e dismissed from the service, after due
notice and hearing !y the duly authoriAed aointing official. ,f the
aointing official is other than the 1resident and should he fail to remove
such official or emloyee, the 1resident may e%ercise the ower of removal.
Secti! &&. %ccrual of /ncome to )nappropriated Surplus of the General
(und. # 0nless otherwise secifically rovided !y law, all income accruing to
the deartments, offices and agencies !y virtue of the rovisions of e%isting
laws, orders and regulations shall !e deosited in the (ational *reasury or
in the duly authoriAed deository of the &overnment and shall accrue to the
unaroriated surlus of the &eneral +und of the &overnment2 1rovided,
*hat amounts received in trust and from !usiness#tye activities of
government may !e searately recorded and dis!ursed in accordance with
such rules and regulations as may !e determined !y the 1ermanent
Committee created under this Act.
Secti! &'. Special* (iduciary and Trust (unds. # Receits shall !e
recorded as income of Secial, +iduciary or *rust +unds or +unds other than
the &eneral +und, only when authoriAed !y law and following such rules and
regulations as may !e issued !y a 1ermanent Committee consisting of the
Secretary of +inance as Chairman, and the Secretary of the ?udget and the
Chairman, Commission on Audit, as mem!ers. *he same Committee shall
li3ewise monitor and evaluate the activities and !alances of all +unds of the
national government other than the &eneral fund and may recommend for
the consideration and aroval of the 1resident, the reversion to the
&eneral fund of such amounts as are 617 no longer necessary for the
attainment of the uroses for which said +unds were esta!lished, 687
needed !y the &eneral fund in times of emergency, or 697 violative of the
rules and regulations adoted !y the Committee2 rovided, that the
conditions originally agreed uon at the time the funds were received shall
!e o!served in case of gifts or donations or other ayments made !y
rivate arties for secific uroses.
Secti! &(. Service (ees and 1onoraria. # Agencies are authoriAed to
charge fees, including honoraria and other reasona!le allowances, as
comensation for consultation, seminars or training rograms, or technical
services rendered to other government agencies or rivate arties. Such
fees or honoraria shall !e recorded as income of the government and
su!'ect to the usual accounting, auditing and other ertinent re5uirements.
Secti! &7. %dministration of "ump Sum (unds. # *he >eartment of
?udget shall administer the :um#Sum +unds aroriated in the &eneral
Aroriations Act, e%cet as otherwise secified therein, including the
issuance of *reasury Warrants covering ayments to imlementing agencies
or other creditors, as may !e authoriAed !y the 1resident.
Secti! &8. Cost #eduction. # Each head of a deartment !ureau, office or
agency shall imlement a cost reduction rogram for his deartment
!ureau, office or agency for the urose of reducing cost of oerations and
shall su!mit to the 1resident reorts on the results of the imlementation
thereof. *he >eartment of ?udget shall rovide technical and other
necessary assistance in the design and imlementation of cost reduction
activities. An incentive award not e%ceeding one monthEs salary may !e
granted to any official or emloyee whose suggestion for cost reduction has
!een adoted and shall have actually resulted in cost reduction, aya!le
from the saving resulting therefrom.
Secti! &9. %uthority to )se Savin!s for Certain Purposes. # Savings in the
aroriations rovided in the &eneral Aroriations Act may !e used for
the settlement of the following o!ligations incurred during a current fiscal
year or revious fiscal years as may !e aroved !y Secretary in
accordance with rules and rocedures as may !e aroved !y the
1resident2
617 Claims of officials, emloyees and la!orers who died or were
in'ured in line of duty, including !urial e%enses as authoriAed under
e%isting law"
687 Commutation of terminal leaves of emloyees due to retirement,
resignation or searation from the service through no fault of their
own in accordance with the rovisions of e%isting law, including
unaid claims for commutation of maternity leave of a!sence"
697 1ayment of retirement gratuities or searation ay of emloyees
searated from the service due to government reorganiAation"
6;7 1ayment of salaries of emloyees who have !een susended or
dismissed as a result of administrative or discilinary action, or
searated from the service through no fault of their own and who
have !een su!se5uently e%onerated and reinstated !y virtue of
decisions of cometent authority"
6<7 Cash awards to deserving officials and emloyees in accordance
with civil service law"
6=7 Salary ad'ustments of officials and emloyees as a result of
classification action under, and imlementation of, the rovisions of
the Comensation and 1osition Classification Act, including ositions
em!raced under the Career E%ecutive Service"
677 1eso suort to any underta3ing that may !e entered into !y the
government with international organiAations, including administrative
and other incidental e%enses"
6$7 Covering any deficiency in eso counterart fund commitments
for foreign assisted ro'ects, as may !e aroved !y the 1resident"
697 1riority activities that will romote the economic well !eing of the
nation, including food roduction, agrarian reform, energy
develoment, disaster relief, and reha!ilitation.
61B7 Reair, imrovement and renovation of government !uildings
and infrastructure and other caital assets damaged !y natural
calamities"
6117 E%enses in connection with official articiation in trade fairs,
civic arades, cele!rations, athletic cometitions and cultural
activities, and ayment of e%enses for the cele!ration of regular or
secial official holidays"
6187 1ayment of o!ligations of the government or any of its
deartments or agencies as a result of final 'udgment of the Courts"
and
6197 1ayment of valid rior yearEs o!ligations of government agencies
with any other government office or agency, including government#
owned or controlled cororations.
Secti! '). %ppointment of +ud!et ,fficers. # (o erson shall !e aointed
as !udget officer in any deartment, !ureau, office or agency unless he
meets the 5ualification and training re5uirements esta!lished !y the ?udget
Commission as rere5uisite to aointment, in addition to other
5ualification re5uirements rescri!ed !y the Civil Service Commission for
the osition.
CHAPTER (
"UDGET ACCOUNTA"I$ITY
Secti! '1. Evaluation of %!ency Performance. # *he 1resident, through
the Secretary shall evaluate on a continuing !asis the 5uantitative and
5ualitative measures of agency erformance as reflected in the units of
wor3 measurement and other indicators of agency erformance, including
the standard and actual costs er unit of wor3.
Secti! '2. +ud!et onitorin! and /nformation System. # *he Secretary of
?udget shall determine accounting and other items of information, financial
or otherwise, needed to monitor !udget erformance and to assess
effectiveness of agencies oerations and shall rescri!e the forms, schedule
of su!mission, and other comonents of reorting systems, including the
maintenance of su!sidiary and other recording which will ena!le agencies to
accomlish and su!mit said information re5uirements2 rovided, that the
Commission on Audit shall, in coordination with the Secretary of ?udget,
issue rules and regulations that may !e alica!le when the reorting
re5uirements affect accounting functions of agencies2 rovided, further,
that the alica!le rules and regulations shall !e issued !y the Commission
on Audit within a eriod of thirty 69B7 days after the >eartment of ?udget
and Fanagement rescri!es the reorting re5uirements.
Secti! '%. onitorin! of E2penditures. # E%enditures of national
government agencies shall !e recorded so as to identify e%enditures as
classified into such categories as may !e determined !y the >eartment of
?udget and Fanagement, including !ut not limited to the following2 617
agency incurring the o!ligation, 687 rogram, ro'ect and activity, 697 o!'ect
of e%enditure, including ersonal services, oerating and maintenance
e%enditures, e5uiment, and caital outlays, 6;7 region or locality of use,
6<7 economic or functional classification of the e%enditure, 6=7 o!ligational
authority and cash transactions arising from fund releases, and such other
classifications as may !e necessary for the !udget rocess. *he Secretary of
?udget shall determine the data and information re5uirements thus needed
and the Commission on Audit shall formulate the accounting rules and
regulations, including changes in the Chart of Accounts and the general or
su!sidiary accounting records, as may !e necessary to generate the desired
data and information. *he Chief Accountants of agencies and where
necessary, accountants of regional offices, shall su!mit the data needed !y
the >eartment of ?udget and Fanagement in accordance with such rules
and regulations as it may formulate.
Secti! '&. Standard Costs. # *he >eartment of ?udget and Fanagement
shall develo standard costs for duly aroved units of wor3 measurement
for each agencyEs !udgetary ro'ects or activities. *hese standard costs
shall !e comared with actual unit costs and utiliAed in the evaluation of
agency !udgetary erformance.
Secti! ''. #evie- of +ud!etary Pro!rams. # *he Secretary of ?udget shall
conduct a continuing review of the !udgetary rogram and ro'ect structure
of each deartment, office or agency, the result of which shall !e the !asis
for modifying or amending such structure for incororation in the
1residentEs !udget roosals to the Congress.
Secti! '(. Semi&%nnual #eport on %ccomplishments of Government
%!encies. # *he heads of deartments, !ureaus, offices or agencies of the
government shall su!mit a semi#annual reort of their accomlishments,
!oth wor3 and financial results, in accordance with such content and format
as may !e rescri!ed !y the Secretary. *hese reorts shall !e designed and
use for the urose of monitoring the efficiency and effectiveness with
which !udgeted funds are !eing utiliAed, and generally for verifying the
attainment of goals esta!lished in the !udget rocess.
Secti! '7. (ailure to Submit #eports. # +ailure on the art of agency
heads, chief accountants, !udget officers, cashiers, dis!ursing officers,
administrative and ersonnel officers, and resonsi!le officers of
deartments, !ureaus, offices and agencies to su!mit trial !alances, wor3
and financial lans, secial ?udgets, reorts of oeration and income, lans,
secial !udgets, reorts of oeration and income, current agency lantilla of
ersonnel and such other reorts as may !e necessary and re5uired !y the
>eartment of ?udget shall automatically cause the susension of ayment
of their salaries until they have comlied with the re5uirements of the
>eartment of ?udget. (o aroriation authoriAed in the &eneral
Aroriations Act shall !e made availa!le to ay the salary of any official
or emloyee who violates the rovisions of this section, in addition to any
discilinary action that may !e instituted against such erring official or
emloyee.
CHAPTER 7
EXPENDITURE OF APPROPRIATED FUNDS
Secti! '8. Contractin! of %ctivities. # Agencies may enter into contracts
with individuals or organiAations, !oth u!lic and rivate, su!'ect to
rovisions of law and alica!le guidelines aroved !y the 1resident2
rovided, that contracts shall !e for secific services which cannot !e
rovided !y the regular staff of the agency, shall !e for a secific eriod of
time, and shall have a definite e%ected outut2 rovided, further, that
imlementing, monitoring and other regular and recurring agency activities
shall not !e contracted for, e%cet for ersonnel hired on an individual and
contractual !asis and wor3ing as art of the organiAation, or as otherwise
may !e aroved !y the 1resident2 1rovided, finally, that the cost of
contracted services shall not e%ceed the amount that would otherwise !e
incurred had the wor3 !een erformed !y regular emloyees of
government, e%cet as may !e authoriAed under this section.
Secti! '9. %uthority to #eceive %dditional Compensation. # )fficials and
emloyees who are duly aointed !y cometent authority to any osition
in another government office or agency in a concurrent caacity, may, in
the discretion of the 1resident, !e allowed to receive additional
comensation in the form of allowance or honorarium at such rates he shall
fi% and su!'ect to such conditions as he may rescri!e. Such additional
comensation shall !e aid from the aroriations of the office or agency
!enefitting from the concurrent service.
Secti! (). #estrictions on Salary /ncreases. # (o ortion of the
aroriations rovided in the &eneral Aroriations Act shall !e used for
ayment of any salary increase or ad'ustment unless secifically authoriAed
!y law or aroriate !udget circular nor shall any aroriation for salaries
authoriAed in the &eneral Aroriations Act, save as otherwise rovided for
under the Comensation and 1osition Classification Act, !e aid unless the
ositions have !een classified !y the ?udget Commission.
Secti! (1. erit /ncreases. # *he !udgets of national government
agencies may rovide for a lum#sum for merit increases, su!'ect to such
terms and conditions as may !e aroved !y the 1resident. Such lum#sum
shall !e used to fund salary increases aroved !y the head of agency in
recognition of meritorious erformance2 1rovided, *hat the Civil Service
Commission and the >eartment of ?udget shall 'ointly issue the rules and
regulations governing the granting of such merit increases.
Secti! (2. Salary for Substitutionary Service. # When an official or
emloyee is issued a duly aroved aointment in a temorary or acting
caacity to ta3e the lace and erform the duties of another who is
temorarily a!sent from his ost with ay, savings in the aroriations of
the deartment, !ureau or office may !e used for the ayment of his salary
or differential, su!'ect to the aroval of the Secretary.
Secti! (%. %dditional Compensation for ,vertime Service. # )fficials and
emloyees of the (ational &overnment, when re5uired to wor3 overtime
after regular wor3ing hours during ordinary days, during half#day sessions,
or on Saturdays, Sundays and holidays, !y the heads of deartments
concerned, to finish wor3 that must !e comleted within a secified time,
may !e aid overtime comensation from any une%ected !alance of the
aroriation for salaries and wages authoriAed in the &eneral
Aroriations Act and under such guidelines as may !e issued !y the
1resident.
Secti! (&. Compensation of Persons #eceivin! Pension. # A erson
receiving life ension, annuity, or gratuity as a result of service in the
national government or any local government unit, or from any
government#owned or controlled cororation, who is reaointed to any
osition, the aroriation for the salary of which is rovided from funds of
the office, shall have the otion to receive either the comensation for the
osition, or the ension, gratuity or annuity, !ut in no case shall he receive
!oth.
Secti! ('. Prohibition of 3oluntary Service. # 0nless otherwise secifically
aroved !y the 1resident, no erson shall !e emloyed or aointed in the
government under the guise of voluntary service, with comensation !elow
the authoriAed hiring rate for the osition, !ut with rivilege of
transortation andHor reresentation e%enses in any form, or of receiving
er diems, allowances, honoraria, su!sistence, 5uarters in cash or in 3ind,
aya!le from government funds2 rovided, that the alication of this
rovisions may !e waived to authoriAe voluntary service in the Armed
+orces of the 1hiliines or in connection with relief oerations.
Secti! ((. %dditional Compensation for School (aculty embers. #
1rofessors, instructors, teachers, or mem!ers of the faculty of government
schools, colleges and universities, when re5uired to teach more than their
regular teaching loads may !e aid additional comensation not e%ceeding
seventy#five ercentum of their !asic salary.
Secti! (7. "aundry. # At the discretion of the deartment head
concerned, any official or emloyee of the national government serving in
any hosital, enal institution, or other similar institution, who is re5uired to
wear a uniform during the erformance of his duties, may !e granted
laundry allowance in 3ind, or which may !e commuted at such rates as may
!e authoriAed !y the >eartment of ?udget.
Secti! (8. 1azard Pay. # 0on recommendation of the deartment head
concerned and aroval of the Secretary, haAard ay may !e allowed to
emloyees who are actually assigned to danger or strife#torn areas,
disease#infested laces, or in distressed or isolated stations and cams,
which e%ose them to great danger of contagion or eril to life. Such haAard
ay shall !e aid from savings of the deartment concerned at such rates,
terms and conditions as the Secretary may rescri!e.
Secti! (9. Subsistence. # (o official or emloyee of the national
government shall !e given su!sistence, the cost of which is aya!le from
any fund, e%cet the following and only when an aroriation therefor is
secifically rovided2
617 Farine officers, engineers and crew of government vessels,
launches, and motor!oats, who shall ta3e their meals on the mess
when a!oard the said vessels, launches, or motor!oats"
687 :ight3eeers and other emloyees in light stations duly
authoriAed !y the head of the deartment to receive su!sistence,
who shall !e furnished raw canned, or reserved food sulies"
697 )fficials and emloyees who are re5uired to render service within
the remises of hositals, enal institutions, leer institutions,
military installations, and other similar institutions, for a continuous
eriod that includes meal time, may !e allowed full su!sistence when
re5uired to live in said remises to ma3e their services availa!le at
any and all times"
6;7 :a!orers temorarily fielded to isolated or unsettled districts shall
!e furnished the usual rations or the e5uivalent in cash, at the
e%ense of the government.
,n hositals and leer institutions where there are no mess halls or
whenever these are inade5uate, ersonnel entitled to su!sistence
allowance in 3ind may commute such su!sistence uon re5uest of the
ersonnel concerned su!'ect to the aroval of the deartment head
at authoriAed rates chargea!le against the aroriations for sulies
and materials authoriAed in the &eneral Aroriations Act.
Secti! 7). Subsistence of Cre- of Government 3essels. # *he su!sistence
allowance for the officers and crew of the coast guard and revenue cutters
and lighthouse tenders and other large vessels oerated !y the &overnment
shall !e sent for conducting a mess under the charge and administration of
one or more mem!ers of the comlement in each vessel to !e designated
!y the corresonding head of deartment, and in accordance with
regulations to !e issued !y him. *he erson or ersons so designated shall
3ee an account of the advances of funds received and e%enditures made
therefrom for the oeration of the mess and shall render such reort to the
corresonding Accounting )fficer romtly at the end of each month.
Secti! 71. (urnished 5uarters. # When the osition of any official or
emloyee is rovided with 4furnished 5uarters4, such official or emloyee
shall !e entitled to the use of such government#owned furniture and
e5uiment as are necessary for his !oard and lodging and those for his
family including children !elow twenty#one years of age.
Secti! 72. Per Diems of Government ,fficials and Employees. # When a
government official or emloyee is authoriAed to travel on official !usiness
outside of his ermanent station, he shall !e entitled to er diems to cover
his !oard and lodging in accordance with his schedule2 rovided, that in
addition to er diems, the official or emloyee may !e entitled to
transortation e%enses in going to and coming from his destination and to
a daily allowance while in the field2 rovided, further, that officials and
emloyees on travel status whose e%enses for !oard and lodging are aid
directly or indirectly !y government may not !e entitled to receive the er
diems and allowances corresonding to such ayments.
>eartment secretaries, heads of Constitutional !odies, undersecretaries
and all other ositions of e5uivalent ran3 are authoriAed the reim!ursement
of actual e%enses suorted !y receits, within such limits as may !e
imosed under the rovisions of this section.
)fficials and emloyees authoriAed to travel a!road may !e granted clothing
allowance2 rovided, that no official or emloyee shall !e granted such
clothing allowance oftener than once every twenty#four 68;7 months.
*he rates of er diems and other allowances as authoriAed in this section
shall !e determined !y the 1resident. *he rates may !e changed from time
to time uon recommendation of a *ravel Rates Committee which is here!y
created, consisting of the Secretary of ?udget as Chairman and the
Secretary of +oreign Affairs, the Secretary of *ourism and the Chairman,
Commission on Audit, or their reresentatives, as mem!ers.
*he Committee shall review travel rates and shall recommend to the
1resident for consideration and aroval modification in rates and olicy
when found to !e warranted !y actual domestic or foreign travel costs, as
the case may !e.
&overnment#owned or controlled cororations shall o!serve the rates
esta!lished under this section2 rovided, that rofit ma3ing cororations
may adot their own scales as may !e rovided !y law. *he *ravel Rates
Committee shall issue the necessary rules and regulations to enforce the
rovisions of this section.
Secti! 7%. %dditional Conditions for Payment of Travel E2penses. # When
travel is done !y water and su!sistence is not included in the transortation
cost, the amount actually and necessarily sent for su!sistence during such
travel time shall !e aid, and no er diems shall !e allowed in lieu thereof.
1er diems and travel allowances shall not !e granted to mem!ers of field
arties or others for whom su!sistence and allowances in 3ind are sulied
or other secial rovision made to cover travel e%enses.
*he travel e%enses of a government official or emloyee who is assigned to
render a secial service to any rivate erson or entity, the e%enses for
which are aya!le !y the latter, shall !e aid from a deosit which the
rivate arty shall !e re5uired to ma3e !efore the erformance of the
secial service is commenced, su!'ect to the limitations and re5uirements
herein rovided for travel e%enses aya!le from government funds.
(o official or emloyee of the &overnment who remains temorarily at one
station for a eriod longer than one 617 month shall !e aid er diems in
e%cess of one 617 month, e%cet uon the aroval of the head of
deartment, and, in case his temorary stay in any one lace e%ceeds three
697 months, ayment of er diems in e%cess of three 697 months shall !e
made only uon the revious aroval of the Secretary.
Secti! 7&. Transportation of embers of (amily of an Employee
Transferred from ,ne Station to %nother. # Whenever, due to the e%igencies
of the service and not at his own re5uest, an official or emloyee is
transferred from one station to another, said official or emloyee and his
souse and children !elow twenty#one years of age shall !e entitled to
transortation and freight for reasona!le and necessary !aggage and
household effects, at the e%ense of the &overnment, to !e aid from the
aroriation for traveling e%enses of the !ureau or office concerned.
Secti! 7'. Purchase* )se* ,peration and aintenance of otor Transport
E$uipment. # (o aroriation for e5uiment authoriAed in the &eneral
Aroriations Act shall !e used directly or indirectly for the urchase of
automo!iles, 'ees, 'itneys, station wagons, motorcycles, truc3s, launches,
seed!oats, airlanes, helicoters and other tyes of motor transort
e5uiment unless otherwise secifically authoriAed !y the 1resident.
All deartments, !ureaus, offices and agencies authoriAed to urchase
motor transort e5uiment including those ac5uired through donations,
gifts or gratuitous title are li3ewise authoriAed to use, oerate and maintain
them for uroses of carrying out the official functions and activities of the
agency. *hese motor vehicles shall !e used strictly for official !usiness, !ear
government lates only, and after office hours 3et in garage rovided
therefor !y the office or agency to which they !elong, e%cet, when in use
for official !usiness outside office hours. *he 1resident, however, may
authoriAe e%cetions from these rovisions for officials of government who
wor3 under e%tended hours or whose activities call for secial security
arrangements. Any violation of the rovisions of this section shall su!'ect
the erring official or emloyee to administrative discilinary action and he
shall !e ersonally lia!le for any loss or damage caused to the government
or third ersons.
*he Commission on Audit shall issue rules and regulations governing the
use, oeration and maintenance of government motor transort e5uiment.
Secti! 7(. "imitation of #ental of otor 3ehicles. # (o aroriations
authoriAed in the &eneral Aroriations Act shall !e used for renting motor
transort e5uiment for a continuous eriod of more than fifteen days,
e%cet as may !e authoriAed !y the Secretary.
Secti! 77. "imitation of Purchase of Supplies* aterials* and E$uipment
Spare Parts. # E%cet as otherwise rovided in the &eneral Aroriations
Act, the stoc3 on hand of sulies, materials and e5uiment sare arts,
ac5uired through ordinary and emergency urchase, shall at no time e%ceed
normal three#month re5uirements, su!'ect to the ertinent rules and
regulations issued !y cometent authority2 1rovided, *hat deartment
heads may arove the !uild#u of stoc3s on hand of critical sulies and
materials, in anticiation of cost increases or re5uirements of a national
emergency, and secifying ma%imum 5uantities of individual items, !ut in
no case shall these stoc3s e%ceed more than one yearEs suly, unless
otherwise aroved !y the 1resident.
Secti! 78. Purchase of "ocally anufactured Products. # All aroriations
for the urchase of e5uiment, sulies and materials authoriAed in the
&eneral Aroriations Act shall !e availa!le only for locally manufactured
e5uiment" arts, accessories, medicines and drugs, sulies and materials,
e%cet when none is availa!le in the mar3et or when the rice of the locally
manufactured article e%ceed those determined !y the +lag :aw.
Secti! 79. %vailability of %ppropriations for #ental of +uildin! and
Grounds. # Any aroriation authoriAed in any Act for rental of !uildings
and grounds for any deartment, !ureau, office or agency shall !e availa!le
for e%enditure only when authoriAed !y the deartment head concerned.
Such aroriation may also !e used for lease#urchase arrangements.
With the concurrence of the Secretary of ?udget and Fanagement and the
Secretary of +inance, the head of the deartment may contract with any
government financial institution for loans intended for the ac5uisition of land
for the construction of an office !uilding for any of the agencies under the
deartment. Annual amortiAation of the loans shall !e ta3en from the
aroriation for rental authoriAed under any Act for the deartment,
!ureau or office concerned.
Secti! 8). isuse of Government (unds and Property. # Any u!lic official
or emloyee who shall aly any government fund or roerty under his
administration or control to any use other than for which such fund or
roerty is aroriated !y laws, shall suffer the enalty imosed under the
aroriate enal laws.
"OO# VII
ADMINISTRATIVE PROCEDURE
CHAPTER 1
GENERA$ PROVISIONS
Secti! 1. Scope. # *his ?oo3 shall !e alica!le to all agencies as defined
in the ne%t succeeding section, e%cet the Congress, the Cudiciary, the
Constitutional Commissions, military esta!lishments in all matters relating
e%clusively to Armed +orces ersonnel, the ?oard of 1ardons and 1arole,
and state universities and colleges.
Secti! 2. Definitions. # As used in this ?oo32
617 4Agency4 includes any deartment, !ureau, office, commission,
authority or officer of the (ational &overnment authoriAed !y law or
e%ecutive order to ma3e rules, issue licenses, grant rights or
rivileges, and ad'udicate cases" research institutions with resect to
licensing functions" government cororations with resect to
functions regulating rivate right, rivileges, occuation or !usiness"
and officials in the e%ercise of discilinary ower as rovided !y law.
687 4Rule4 means any agency statement of general alica!ility that
imlements or interrets a law, fi%es and descri!es the rocedures in,
or ractice re5uirements of, an agency, including its regulations. *he
term includes memoranda or statements concerning the internal
administration or management of an agency not affecting the rights
of, or rocedure availa!le to, the u!lic.
697 4Rate4 means any charge to the u!lic for a service oen to all
and uon the same terms, including individual or 'oint rates, tolls,
classifications, or schedules thereof, as well as commutation,
mileage, 3ilometerage and other secial rates which shall !e imosed
!y law or regulation to !e o!served and followed !y any erson.
6;7 4Rule ma3ing4 means an agency rocess for the formulation,
amendment, or reeal of a rule.
6<7 4Contested case4 means any roceeding, including licensing, in
which the legal rights, duties or rivileges asserted !y secific arties
as re5uired !y the Constitution or !y law are to !e determined after
hearing.
6=7 41erson4 includes an individual, artnershi, cororation,
association, u!lic or rivate organiAation of any character other than
an agency.
677 41arty4 includes a erson or agency named or admitted as a
arty, or roerly see3ing and entitled as of right to !e admitted as a
arty, in any agency roceeding" !ut nothing herein shall !e
construed to revent an agency from admitting any erson or agency
as a arty for limited uroses.
6$7 4>ecision4 means the whole or any art of the final disosition,
not of an interlocutory character, whether affirmative, negative, or
in'unctive in form, of an agency in any matter, including licensing,
rate fi%ing and granting of rights and rivileges.
697 4Ad'udication4 means an agency rocess for the formulation of a
final order.
61B7 4:icense4 includes the whole or any art of any agency ermit,
certificate, assort, clearance, aroval, registration, charter,
mem!ershi, statutory e%emtion or other form of ermission, or
regulation of the e%ercise of a right or rivilege.
6117 4:icensing4 includes agency rocess involving the grant,
renewal, denial, revocation, susension, annulment, withdrawal,
limitation, amendment, modification or conditioning of a license.
6187 4Sanction4 includes the whole or art of a rohi!ition, limitation
or other condition affecting the li!erty of any erson" the withholding
of relief" the imosition of enalty or fine" the destruction, ta3ing,
seiAure or withholding of roerty" the assessment of damages,
reim!ursement, restitution, comensation, cost, charges or fees" the
revocation or susension of license" or the ta3ing of other comulsory
or restrictive action.
6197 4Relief4 includes the whole or art of any grant of money,
assistance, license, authority, rivilege, e%emtion, e%cetion, or
remedy" recognition of any claim, right, immunity, rivilege,
e%emtion or e%cetion" or ta3ing of any action uon the alication
or etition of any erson.
61;7 4Agency roceeding4 means any agency rocess with resect to
rule#ma3ing, ad'udication and licensing.
1. 4Agency action4 includes the whole or art of every agency
rule, order, license, sanction, relief or its e5uivalent or denial
thereof.
CHAPTER 2
RU$ES AND REGU$ATIONS
Secti! %. (ilin!. #
617 Every agency shall file with the 0niversity of the 1hiliines :aw
Center three 697 certified coies of every rule adoted !y it. Rules in
force on the date of effectivity of this Code which are not filed within
three 697 months from that date shall not thereafter !e the !asis of
any sanction against any arty or ersons.
687 *he records officer of the agency, or his e5uivalent functionary,
shall carry out the re5uirements of this section under ain of
discilinary action.
697 A ermanent register of all rules shall !e 3et !y the issuing
agency and shall !e oen to u!lic insection.
Secti! &. Effectivity. # ,n addition to other rule#ma3ing re5uirements
rovided !y law not inconsistent with this ?oo3, each rule shall !ecome
effective fifteen 61<7 days from the date of filing as a!ove rovided unless a
different date is fi%ed !y law, or secified in the rule in cases of imminent
danger to u!lic health, safety and welfare, the e%istence of which must !e
e%ressed in a statement accomanying the rule. *he agency shall ta3e
aroriate measures to ma3e emergency rules 3nown to ersons who may
!e affected !y them.
Secti! '. Publication and #ecordin!. # *he 0niversity of the 1hiliines
:aw Center shall2
617 1u!lish a 5uarter !ulletin setting forth the te%t of rules filed with
it during the receding 5uarter" and
687 Gee an u#to#date codification of all rules thus u!lished and
remaining in effect, together with a comlete inde% and aroriate
ta!les.
Secti! (. ,mission of Some #ules. #
617 *he 0niversity of the 1hiliines :aw Center may omit from the
!ulletin or the codification any rule if its u!lication would !e unduly
cum!ersome, e%ensive or otherwise ine%edient, !ut coies of that
rule shall !e made availa!le on alication to the agency which
adoted it, and the !ulletin shall contain a notice stating the general
su!'ect matter of the omitted rule and new coies thereof may !e
o!tained.
687 Every rule esta!lishing an offense or defining an act which,
ursuant to law, is unisha!le as a crime or su!'ect to a enalty shall
in all cases !e u!lished in full te%t.
Secti! 7. Distribution of +ulletin and Codified #ules. # *he 0niversity of
the 1hiliines :aw Center shall furnish one 617 free coy each of every
issue of the !ulletin and of the codified rules or sulements to the )ffice of
the 1resident, Congress, all aellate courts and the (ational :i!rary. *he
!ulletin and the codified rules shall !e made availa!le free of charge to such
u!lic officers or agencies as the Congress may select, and to other ersons
at a rice sufficient to cover u!lication and mailing or distri!ution costs.
Secti! 8. 4udicial Notice. # *he court shall ta3e 'udicial notice of the
certified coy of each rule duly filed or as u!lished in the !ulletin or the
codified rules.
Secti! 9. Public Participation. #
617 ,f not otherwise re5uired !y law, an agency shall, as far as
ractica!le, u!lish or circulate notices of roosed rules and afford
interested arties the oortunity to su!mit their views rior to the
adotion of any rule.
687 ,n the fi%ing of rates, no rule or final order shall !e valid unless
the roosed rates shall have !een u!lished in a newsaer of
general circulation at least two 687 wee3s !efore the first hearing
thereon.
697 ,n case of oosition, the rules on contested cases shall !e
o!served.
CHAPTER %
AD,UDICATION
Secti! 1). Compromise and %rbitration. # *o e%edite administrative
roceedings involving conflicting rights or claims and o!viate e%ensive
litigations, every agency shall, in the u!lic interest, encourage amica!le
settlement, comrise and ar!itration.
Secti! 11. Notice and 1earin! in Contested Cases. #
617 ,n any contested case all arties shall !e entitled to notice and
hearing. *he notice shall !e served at least five 6<7 days !efore the
date of the hearing and shall state the date, time and lace of the
hearing.
687 *he arties shall !e given oortunity to resent evidence and
argument on all issues. ,f not recluded !y law, informal disosition
may !e made of any contested case !y stiulation, agreed settlement
or default.
697 *he agency shall 3ee an official record of its roceedings.
Secti! 12. #ules of Evidence. # ,n a contested case2
617 *he agency may admit and give ro!ative value to evidence
commonly acceted !y reasona!ly rudent men in the conduct of
their affairs.
687 >ocumentary evidence may !e received in the form of coies or
e%certs, if the original is not readily availa!le. 0on re5uest, the
arties shall !e given oortunity to comare the coy with the
original. ,f the original is in the official custody of a u!lic officer, a
certified coy thereof may !e acceted.
697 Every arty shall have the right to cross#e%amine witnesses
resented against him and to su!mit re!uttal evidence.
6;7 *he agency may ta3e notice of 'udicially cogniAa!le facts and of
generally cogniAa!le technical or scientific facts within its secialiAed
3nowledge. *he arties shall !e notified and afforded an oortunity
to contest the facts so noticed.
Secti! 1%. Subpoena. # ,n any contested case, the agency shall have the
ower to re5uire the attendance of witnesses or the roduction of !oo3s,
aers, documents and other ertinent data, uon re5uest of any arty
!efore or during the hearing uon showing of general relevance. 0nless
otherwise rovided !y law, the agency may, in case of diso!edience, invo3e
the aid of the Regional *rial Court within whose 'urisdiction the contested
case !eing heard falls. *he Court may unish contumacy or refusal as
contemt.
Secti! 1&. Decision. # Every decision rendered !y the agency in a
contested case shall !e in writing and shall state clearly and distinctly the
facts and the law on which it is !ased. *he agency shall decide each case
within thirty 69B7 days following its su!mission. *he arties shall !e notified
of the decision ersonally or !y registered mail addressed to their counsel of
record, if any, or to them.
Secti! 1'. (inality of ,rder. # *he decision of the agency shall !ecome
final and e%ecutory fifteen 61<7 days after the receit of a coy thereof !y
the arty adversely affected unless within that eriod an administrative
aeal or 'udicial review, if roer, has !een erfected. )ne motion for
reconsideration may !e filed, which shall susend the running of the said
eriod.
Secti! 1(. Publication and Compilation of Decisions. #
617 Every agency shall u!lish and ma3e availa!le for u!lic
insection all decisions or final orders in the ad'udication of contested
cases.
687 ,t shall !e the duty of the records officer of the agency or his
e5uivalent functionary to reare a register or comilation of those
decisions or final orders for use !y the u!lic.
Secti! 17. "icensin! Procedure. #
617 When the grant, renewal, denial or cancellation of a license is
re5uired to !e receded !y notice and hearing, the rovisions
concerning contested cases shall aly insofar as ractica!le.
687 E%cet in cases of willful violation of ertinent laws, rules and
regulations or when u!lic security, health, or safety re5uire
otherwise, no license may !e withdrawn, susended, revo3ed or
annulled without notice and hearing.
Secti! 18. Non&e2piration of "icense. # Where the licensee has made
timely and sufficient alication for the renewal of a license with reference
to any activity of a continuing nature, the e%isting license shall not e%ire
until the alication shall have !een finally determined !y the agency.
CHAPTER &
ADMINISTRATIVE APPEA$ IN CONTESTED CASES
Secti! 19. %ppeal. # 0nless otherwise rovided !y law or e%ecutive order,
an aeal from a final decision of the agency may !e ta3en to the
>eartment head.
Secti! 2). Perfection of %dministrative %ppeals. #
617 Administrative aeals under this Chater shall !e erfected
within fifteen 61<7 days after receit of a coy of the decision
comlained of !y the arty adversely affected, !y filing with the
agency which ad'udicated the case a notice of aeal, serving coies
thereof uon the revailing arty and the aellate agency, and
aying the re5uired fees.
687 ,f a motion for reconsideration is denied, the movant shall have
the right to erfect his aeal during the remainder of the eriod for
aeal, rec3oned from receit of the resolution of denial. ,f the
decision is reversed on reconsideration, the aggrieved arty shall
have fifteen 61<7 days from receit of the resolution of reversal within
which to erfect his aeal.
697 *he agency shall, uon erfection of the aeal, transmit the
records of the case to the aellate agency.
Secti! 21. Effect of %ppeal. # *he aeal shall stay the decision aealed
from unless otherwise rovided !y law, or the aellate agency directs
e%ecution ending aeal, as it may deem 'ust, considering the nature and
circumstances of the case.
Secti! 22. %ction on %ppeal. # *he aellate agency shall review the
records of the roceedings and may, on its own initiative or uon motion,
receive additional evidence.
Secti! 2%. (inality of Decision of %ppellate %!ency. # ,n any contested
case, the decision of the aellate agency shall !ecome final and e%ecutory
fifteen 61<7 days after the receit !y the arties of a coy thereof.
Secti! 2&. 1earin! ,fficers. #
617 Each agency shall have such num!er of 5ualified and cometent
mem!ers of the !ase as hearing officers as may !e necessary for the
hearing and ad'udication of contested cases.
687 (o hearing officer shall engaged in the erformance of
rosecuting functions in any contested case or any factually related
case.
Secti! 2'. 4udicial #evie-. #
617 Agency decisions shall !e su!'ect to 'udicial review in accordance
with this chater and alica!le laws.
687 Any arty aggrieved or adversely affected !y an agency decision
may see3 'udicial review.
697 *he action for 'udicial review may !e !rought against the agency,
or its officers, and all indisensa!le and necessary arties as defined
in the Rules of Court.
6;7 Aeal from an agency decision shall !e erfected !y filing with
the agency within fifteen 61<7 days from receit of a coy thereof a
notice of aeal, and with the reviewing court a etition for review of
the order. Coies of the etition shall !e served uon the agency and
all arties of record. *he etition shall contain a concise statement of
the issues involved and the grounds relied uon for the review, and
shall !e accomanied with a true coy of the order aealed from,
together with coies of such material ortions of the records as are
referred to therein and other suorting aers. *he etition shall !e
under oath and shall how, !y stating the secific material dates, that
it was filed within the eriod fi%ed in this chater.
6<7 *he etition for review shall !e erfected within fifteen 61<7 days
from receit of the final administrative decision. )ne 617 motion for
reconsideration may !e allowed. ,f the motion is denied, the movant
shall erfect his aeal during the remaining eriod for aeal
rec3oned from receit of the resolution of denial. ,f the decision is
reversed on reconsideration, the aellant shall have fifteen 61<7
days from receit of the resolution to erfect his aeal.
6=7 *he review roceeding shall !e filed in the court secified !y
statute or, in the a!sence thereof, in any court of cometent
'urisdiction in accordance with the rovisions on venue of the Rules of
Court.
677 Review shall !e made on the !asis of the record ta3en as a whole.
*he findings of fact of the agency when suorted !y su!stantial
evidence shall !e final e%cet when secifically rovided otherwise !y
law.
Secti! 2(. Transmittal of #ecord. # Within fifteen 61<7 days from the
service of the etition for review, the agency shall transmit to the court the
original or a certified coy of the entire records of the roceeding under
review. *he record to !e transmitted may !e a!ridged !y agreement of all
arties to the roceedings. *he court may re5uire or ermit su!se5uent
correction or additions to the record.
+,(A: 1R)@,S,)(S
Secti! 27. #epealin! Clause. # All laws, decrees, orders, rules and
regulations, or ortions thereof, inconsistent with this Code are here!y
reealed or modified accordingly.
Secti! 28. Separability Clauses. # ,n the event that any of the rovisions
of this Code is declared unconstitutional, the validity of the other rovisions
shall not !e affected !y such declaration.
Secti! 29. Effectivity. # *his Code shall ta3e effect one year after its
u!lication in the )fficial &aAette.
>)(E in the City of Fanila, this 8<th day of Culy, in the year of )ur :ord,
nineteen hundred and eighty#seven