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Department of Agrarian Reform k.

         Such other agrarian cases, disputes, matters or concerns referred to


it by the Secretary of the DAR.
Jurisdiction of the Board and the Adjudicators
SECTION 1.            Primary and Exclusive Original and Appellate Jurisdiction. — The
SECTION 2.            Appellate Jurisdiction of the Board. — The Board shall have
Board shall have primary and exclusive jurisdiction, both original and appellate, to determine and
exclusive appellate jurisdiction to review, reverse, modify, alter, or affirm resolutions, orders and
adjudicate all agrarian disputes involving the implementation of the Comprehensive Agrarian
decisions of the Adjudicators.
Reform Program (CARP) under R.A. No. 6657, as amended by R.A. No. 9700, E.O. Nos. 228,
229, and 129-A, R.A. No. 3844 as amended by R.A. No. 6389, Presidential Decree No. 27 and No order of the Adjudicators on any issue, question, matter, or incident raised before
other agrarian laws and their Implementing Rules and Regulations. Specifically, such jurisdiction them shall be elevated to the Board until the hearing shall have been terminated and the case
shall include but not be limited to cases involving the following: decided on the merits.
a.         The rights and obligations of persons, whether natural or juridical,
engaged in the management, cultivation, and use of all agricultural lands
covered by R.A. No. 6657, otherwise known as the Comprehensive Agrarian SECTION 3.            Annulment of Judgment of Adjudicators. — Annulment of final
Reform Law (CARL), as amended, and other related agrarian judgment of Adjudicators shall be initiated by filing a verified complaint or petition with the Board
laws;    ACaDTH attaching thereto certified copies of the assailed decision and alleging therein with particularity
the facts and the law relied upon for said annulment.
b.         The preliminary administrative determination of reasonable and just
compensation of lands acquired under Presidential Decree (PD) No. 27 and The annulment may be based only on grounds of extrinsic fraud and lack of jurisdiction.
the Comprehensive Agrarian Reform Program (CARP); If based on extrinsic fraud, the action must be filed within three (3) years from its discovery; and if
based on lack of jurisdiction, before it is barred by laches or estoppel. 
c.         Those cases involving the annulment or rescission of lease contracts
or deeds of sale or their amendments involving lands under the
administration and disposition of the DAR or Land Bank of the Philippines
(LBP), and the amendment of titles pertaining to agricultural lands under the
administration and disposition of the DAR and LBP; as well as EPs issued
under PD 266, Homestead Patents, Free Patents, and miscellaneous sales
patents to settlers in settlement and re-settlement areas under the
administration and disposition of the DAR; National Labor Relations Commission

d.         Those cases involving the ejectment and dispossession of tenants


and/or leaseholders; Jurisdiction of the Labor Arbiters and the Commission.

e.         Those cases involving the sale, alienation, pre-emption, and


a. Except as otherwise provided under this Code, the Labor Arbiters shall have original and
redemption of agricultural lands under the coverage of the CARL, as
exclusive jurisdiction to hear and decide, within thirty (30) calendar days after the
amended or other agrarian laws; 
submission of the case by the parties for decision without extension, even in the absence of
f.          Those involving the correction, partition, secondary and subsequent stenographic notes, the following cases involving all workers, whether agricultural or non-
issuances such as reissuance of lost/destroyed owner's duplicate copy and agricultural:
reconstitution of Certificates of Land Ownership Award (CLOAs) and  
Emancipation Patents (EPs) which are registered with the Land Registration 1. Unfair labor practice cases;
Authority;  
2. Termination disputes;
g.         Those cases involving the review of leasehold rentals and fixing of  
disturbance compensation; 3. If accompanied with a claim for reinstatement, those cases that workers may file
h.         Those cases involving the collection of amortization payments, involving wages, rates of pay, hours of work and other terms and conditions of
foreclosure and similar disputes concerning the functions of the LBP, and employment;
payments for lands awarded under PD No. 27, RA No. 3844, as amended,  
and R.A. No. 6657, as amended by R.A. No. 9700, and other related laws, 4. Claims for actual, moral, exemplary and other forms of damages arising from the
decrees, orders, instructions, rules, and regulations, as well as payment for employer-employee relations;
residential, commercial, and industrial lots within the settlement and  
resettlement areas under the administration and disposition of the DAR; 5. Cases arising from any violation of Article 264 of this Code, including questions
involving the legality of strikes and lockouts; and
i.          Those cases involving boundary disputes over lands under the  
administration and disposition of the DAR and the LBP, which are 6. Except claims for Employees Compensation, Social Security, Medicare and
transferred, distributed, and/or sold to tenant-beneficiaries and are covered maternity benefits, all other claims arising from employer-employee relations,
by deeds of sale, patents, and certificates of title; including those of persons in domestic or household service, involving an amount
exceeding five thousand pesos (P5,000.00) regardless of whether accompanied
j.          Those cases previously falling under the original and exclusive with a claim for reinstatement.
jurisdiction of the defunct Court of Agrarian Relations under Section 12 of PD  
No. 946 except those cases falling under the proper courts or other quasi-
judicial bodies; and    ACTIHa

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b. The Commission shall have exclusive appellate jurisdiction over all cases decided by Labor (6) Disputes involving easements within or among subdivision projects; and
Arbiters.
 
(7) Actions to annul mortgages executed in violation of Section 18 of Presidential
c. Cases arising from the interpretation or implementation of collective bargaining agreements
Decree No. 957 filed by a subdivision lot or condominium unit buyer against the
and those arising from the interpretation or enforcement of company personnel policies shall
project owner and/or developer and the mortgagee.
be disposed of by the Labor Arbiter by referring the same to the grievance machinery and
voluntary arbitration as may be provided in said agreements. (As amended by Section 9,
Republic Act No. 6715, March 21, 1989) (b) Cases involving Homeowners Associations:

(1) Controversies involving the registration and regulation of HOAs;


Department of Human Settlements and Urban Development
(Formerly HLURB) (2) Intra-association disputes or controversies arising out of the relations between
and among members of HOAs; between any or all of them and the HOA of which
they are members;
Section 15. Jurisdiction of the Commission. - The Commission shall have the exclusive appellate
jurisdiction over:
(3) Inter-association disputes or controversies arising out of the relations between
and among two (2) or more HOAs between and among federations and other
(a) All cases decided by the Regional Adjudicators; and umbrella organizations, on matters pertaining to the exercise of their rights, duties
and functions; and
(b) Appeals from decisions of local and regional planning and zoning bodies.
(4) Disputes between such HOA and the State, insofar as it concerns their
The decision of the Commission shall be final and executory after fifteen (15) calendar days from individual franchise or right to exist and those which are intrinsically connected
receipt thereof by the parties. with the regulation of HOAs or dealing with the internal affairs of such entity.

Section 16. Jurisdiction of Regional Adjudicators. - The Regional Adjudicators shall exercise original (c) Disputes involving the implementation of Section 18 of Republic Act No. 7279, as
and exclusive jurisdiction to hear and decide cases involving the following: amended, and its Implementing Rules and Regulations.

(a) Cases involving subdivisions, condominiums, memorial parks and similar real estate (d) Disputes or controversies involving laws and regulations being implemented by the
developments: Department except those cases falling within the jurisdiction of other judicial or quasi-judicial
body.

(1) Actions concerning unsound real estate business practices filed by buyers or
homeowners against the project owner or developer, which cause prejudice to the
buyers or committed with bad faith and disregard of the buyers’ rights;

(2) Claims for refund, and other claims filed by subdivision lot or condominium unit Board of Investments
buyer against the project owner, developer, dealer, broker or
salesman: Provided, That when the cause of action arises from the buyer’s rights ARTICLE 7. Powers and Duties of the Board. — The Board shall be responsible for the regulation and
under Section 23 of Presidential Decree No. 957 and the purchase price of the promotion of investments in the Philippines. It shall meet as often as may be necessary generally once
property is paid through a housing loan from a bank or other financing institutions, a week on such day as it may fix. Notice of regular and special meetings shall be given all members of
the latter shall be impleaded as necessary party; the Board. The presence of four (4) governors shall constitute a quorum and the affirmative vote of
four (4) governors in a meeting validly held shall be necessary to exercise its powers and perform its
(3) Cases involving specific performance or contractual and statutory obligations duties, which shall be as follows:
arising from the sale of the lot or unit and development of the subdivision or
(4) After due hearing, decide controversies concerning the implementation of the relevant books of
condominium project;
this Code that may arise between registered enterprises or investors therein and government
agencies, within thirty (3)) days after the controversy has been submitted for decision: Provided, That
(4) Disputes involving the open spaces or common areas and their use filed by the the investor or the registered enterprise may appeal the decision of the Board within thirty (30) days
project owner or developer or the duly registered HOA, including the eviction of from receipt thereof to the President;
informal settlers therein, in accordance with the requirements of law, and the rules
and regulations promulgated by duly constituted authorities; (6) Periodically check and verify, either by inspection of the books or by requiring regular reports, the
proportion of the participation of Philippine nationals in a registered enterprise to ascertain compliance
(5) Suits to declare subdivision, condominium or other real estate developments with its qualification to retain registration under this Code;
within the regulatory jurisdiction of the Department as abandoned, as defined
under Section 3 of this Act for the purpose of Section 35 of Presidential Decree
No. 957;

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(7) Periodically check and verify the compliance by registered enterprises with the relevant provisions frequencies and/or capacities on international routes when in its judgment the national interest requires
of this Code, with the rules and regulations promulgated under this Code and with the terms and it, provided that the utilization of the increase frequencies and capacities is not more than thirty days.
conditions of registration; All grants of frequencies and/or capacities shall be subject to the approval of the President.

(8) After due notice, cancel the registration or suspend the enjoyment of incentives benefits of any (4) To approve or disapprove increase and/or decrease of capital, lease, purchase, sales of aircraft of
registered enterprise and/or require refund of incentives enjoyed by such enterprise including interests air carrier engaged in air commerce; consolidation, merger, purchase, lease and acquisition and
and monetary penalties, for control of operating contracts between domestic foreign air carriers, or between domestic air carriers
or any person engaged in any phase of aeronautics.
(a) failure to maintain the qualifications required by this Code for registration with the Board of
(5) To inquire into the management of the business of any air carrier and, to the extent reasonably
(b) for violation of any provisions of this Code, of the rules and regulations issued under this Code, of necessary for such inquiry, to obtain from such carrier, and from any person controlling, or controlled
the terms and conditions of registration, or of laws for the protection of labor or of the consuming by, or under common control with, such air carrier, full and complete reports and other informations.
public: Provided, That the registration of an enterprise whose project timetable, as set by the Board is Such reports shall be under oath whenever the Board so requires.
delayed by one year, shall be considered automatically cancelled unless otherwise reinstated as a
registered enterprise by the Board; (6) To require annual, monthly, periodical, and special reports from any air carrier, to prescribe the
manner and form in which such reports shall be made, and to require from any air carrier specific
answers to all questions upon which the Board may deem information to be necessary. Such reports
shall be under oath whenever the Board so requires. The Board may also require any air carrier to file
Civil Aeronautics Board with it any contract, agreement, understanding or arrangement, or a true copy thereof, between such
air carrier and any other carrier or person, in relation to any traffic affected by the provisions of this Act.
SECTION 10. Powers and duties of the Board. –
(7) To prescribe the forms of any and all accounts, records, and memoranda of the movement of
(B) The Board may perform such acts, conduct such investigations, issue and amend such orders, and traffic, as well as of the receipts and expenditures of money, and the length of times such accounts,
make and amend such general and special rules, regulations, and procedures as it shall deem records and memoranda shall be preserved: Provided, that any air carrier may keep additional
necessary to carry out the provisions of this Act. accounts, records, or memoranda if they do not impair the integrity of the accounts, records, or
memoranda prescribed or approved by the Board and do not constitute an undue financial burden on
(C) The Board shall have the following specific powers and duties:
such air carrier.
(1) In accordance with the provisions of Chapter 4 of this Act, to issue, deny, amend, revise, alter,
(8) To require each officer and director of any air carrier to transmit a report describing the shares of
modify, cancel, suspend, or revoke, in whole or in part, upon petition or complaint, or upon its own
stock with any persons engaged in any phase or other interest held by such air carrier of aeronautics,
initiative, any temporary operating permit or Certificate of Public Convenience and Necessity;
and the holding of the stock in and control of, other persons engaged in any phase of aeronautics. (D)
Provided, however, That in the case of foreign air carriers, the permit shall be issued with the approval
The Board may investigate, upon complaint or upon its own initiative whether any individual or air
of the President of the Republic of the Philippines.
carrier, domestic or foreign, is violating any provision of this Act, or the rules and regulations issued
(2) To fix and determine reasonable individual, joint or special rates, charges or fares, which an air thereunder, and shall take such action consistent with the provisions of this Act, as may be necessary
carrier may demand, collect or receive for any service in connection with air commerce. The Board to prevent further violation of such provision, or rules and regulations so issued.
may adopt any original, amended, or new individual, joint or special rates, charges or fares proposed
8 (E) The Board may issue subpoena or subpoena duces tecum require the attendance and testimony
by an air carrier if the proposed individual, joint, or special rates, charges for fares are not unduly
of witness in any matter or inquiry pending before the Board or its duly authorized representatives, and
preferential or unduly discriminatory or unreasonable. The burden of proof to show that the proposed
require the production of books, papers, tariffs, contracts, agreements and all other documents
individual, joint or special rates, charges or fares are just and reasonable shall be upon the air carrier
submitted for purposes of this section to be under oath and verified by the person in custody thereof as
proposing the same. In fixing rates, charges, fares under the provisions of this Act, the Board shall
to the truth and correctness of data appearing in such books, papers, tariffs, contracts, agreements
take into consideration, among other factors:
and all other documents.
(a) The effect of such rates upon the movement of traffic;
(F) The Board may review, revise, reverse, modify or affirm on appeal any administrative decision or
(b) The need in the public interest of adequate and efficient transportation of persons and property by order of the Administrator on matter pertaining to:
air carriers at the lowest cost consistent with the furnishing of such service.
(1) Grounding of airmen and aircraft or
(c) Such standards respecting the character and quality of service to be rendered by air carriers as
(2) Revocation of any certificate or the denial by the Administrator of issuance of any certificate; or
may be prescribed by or pursuant to law;
(3) Imposition of civil penalty of fine in connection with the violation of any provision of this Act or rules
(d) The inherent advantages of transportation by aircraft; and
and regulations issued thereunder.
(e) The need of each air carrier for revenues sufficient to enable such air carrier, under honest,
(G) The Board shall have the power, either on its own initiative or upon review on appeal from an order
economical, and efficient management, to provide adequate and efficient air carrier service. 7
or decision of the Administrator, to determine whether to impose, remit, mitigate, increase, or
(3) To authorize any type of charters whether domestic or international and special air services or flight compromise, such fines and civil penalties as the case may be.
under such terms and conditions as in its judgment public interest requires. Notwithstanding the
existence of bilateral air agreement, the CAB is authorized to grant any foreign airline increase in

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(H) (1) The Civil Aeronautics Board shall be advised of, and shall consult with the Department of Insurance Commission
Foreign Affairs concerning the negotiation of any air agreement with foreign governments for the
promotion, establishment, or development of foreign air transportation.
Section 6. Powers and Functions of the Commission. - The Commission shall, at all times, act with
(2) In exercising and performing its powers and duties under the provisions of this Act, the Civil transparency and dispatch and shall have, among others, the following powers and functions;
Aeronautics Board shall take into consideration the obligation assumed by the Republic of the
Philippines in any treaty, convention or agreement with foreign countries on matters affecting civil (a) Approve, amend, renew or deny any license, registration or certificate issued under this
aviation.\ Code;

(b) Fix and assess fees and/or charges as it may find reasonable in the exercise of
regulation;
National Telecommunications Commission
(c) Regulate, supervise and monitor the operations and management of pre-need
companies to ensure compliance with the provisions of this Code, existing laws, rules and
Sec. 15. Functions of the Commission. The Commission shall exercise the following functions: regulations including, but not limited to:

a. Issue Certificate of Public Convenience for the operation of communications utilities and services,
(1) Revoking or nullifying investments made and/or entered into by a - pre-need
radio communications systems, wire or wireless telephone or telegraph systems, radio and television company or a trustee which are contrary to existing laws, rules and regulations;
broadcasting system and other similar public utilities;

b. Establish, prescribe and regulate areas of operation of particular operators of public service (2) Demanding for the conversion of the investments made by the trustee to cash
communications; and determine and prescribe charges or rates pertinent to the operation of such or other liquid assets to protect the interest of the planholders; and
public utility facilities and services except in cases where charges or rates are established by
international bodies or associations of which the Philippines is a participating member or by bodies (3) Regulating, investigating or supervising activities of pre-need companies, their
recognized by the Philippine Government as the proper arbiter of such charges or rates; officers, employees, sales counselors, consultants or agents;

c. Grant permits for the use of radio frequencies for wireless telephone and telegraph systems and
radio communication systems including amateur radio stations and radio and television broadcasting (d) Issue cease and desist orders to prevent fraud and injury to the investing public;
systems;
(e) Issue subpoena duces tecum and ad testificandum, order the examination, search and
d. Sub-allocate series of frequencies of bands allocated by the International Telecommunications seizure of documents, papers, files, tax returns, books of accounts and other records, in
Union to the specific services; whatever form, of any entity or person under investigation;

e. Establish and prescribe rules, regulations, standards, specifications in all cases related to the issued
(f) Punish for contempt of the Commission, both direct and indirect, in accordance with the
Certificate of Public Convenience and administer and enforce the same;
pertinent provisions of and penalties prescribed by the Rules of Court;
f. Coordinate and cooperate with government agencies and other entities concerned with any aspect
involving communications with a view to continuously improve the communications service in the (g) Impose sanctions, institute cases and/or prosecute offenders for violation of this Code,
country; related laws, rules, regulations and orders issued pursuant thereto;

g. Promulgate such rules and regulations, as public safety and interest may require, to encourage a
(h) Suspend or revoke licenseslawph!l
larger and more effective use of communications, radio and television broadcasting facilities, and to
maintain effective competition among private entities in these activities whenever the Commission
finds it reasonably feasible; (i) Enlist the aid and support of and/or deputize any and all enforcement agencies of the
government in the implementation of its powers and in the exercise of its functions under this
h. Supervise and inspect the operation of radio stations and telecommunications facilities; i. Undertake Code;
the examination and licensing of radio operators;
(j) Take over pre-need companies which fail to comply with this Code, related laws, rules,
j. Undertake, whenever necessary, the registration of radio transmitters and transceivers; and regulations and orders issued pursuant thereto, either through the appointment of a
conservator, receiver or liquidator;
k. Perform such other functions as may be prescribed by law.

(k) Prepare, approve, amend or repeal rules, regulations and orders, and issue opinions and
provide guidance on and supervise compliance with such rules, regulations and orders;

(l) Formulate policies and recommendations on issues concerning the pre-need industry,
including proposed legislations;

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(m) Retain and utilize, in addition to its annual budget, an amount up to One hundred million Employees Compensation Commission
pesos (Pl00, 000,000.00) of the fees, charges and other income derived from the regulation
of the pre-need companies; and
Article 175. Powers and duties. — The Commission shall have the following powers and duties:

(n) Exercise such other powers as may be provided by law as well as those which may be
implied from, or which are necessary or incidental to carry out the express powers granted (a) To assess and fix a rate of contribution from all employers.
the Commission to achieve the objectives and purposes of the law.
(b) To determine the rate of contribution payable by an employer whose records show a high
frequency of work accidents or occupational diseases due to failure by the said employer to
observe adequate safety measures.

Government Service Insurance System


(c) To approve rules and regulations governing the processing of claims and the settlement
of disputes arising therefrom as prescribed by the System.

SECTION 30. Settlement of Disputes. — The GSIS shall have original and exclusive jurisdiction to (d) To initiate policies and programs towards adequate occupational health and safety and
settle any dispute arising under this Act and any other laws administered by the GSIS. accident prevention in the working environment.

The Board may designate any member of the Board, or official of the GSIS who is a lawyer, to act as
hearing officer to receive evidence, make findings of fact and submit recommendations thereon. The (e) To make the necessary actuarial studies and calculations concerning the grant of
hearing officer shall submit his findings and recommendations, together with all the documentary and constant help and income benefits for permanent disability or death, and the rationalization
of the benefits for permanent disability and death under this Title with benefits payable by
testimonial evidence to the Board within thirty (30) working days from the time the parties have closed
the System for similar contingencies.
their respective evidence and filed their last pleading. The Board shall decide the case within thirty (30)
days from the receipt of the hearing officer’s findings and recommendations. The cases heard directly
by the Board shall be decided within thirty (30) working days from the time they are submitted by the (f) To appoint the personnel of its staff, subject to civil service law and rules.
parties for decision.
(g) To adopt annually a budget of expenditures of the Commission and its staff chargeable
“SECTION 31. Appeals. — Appeals from any decision or award of the Board shall be governed by against the State Insurance Fund.
Rules 43 and 45 of the 1997 Rules of Civil Procedure adopted by the Supreme Court on April 8, 1997
which will take effect on July 1, 1997: Provided, That pending cases and those filed prior to July 1,
1997 shall be governed by the applicable rules of procedure: Provided, further, That the appeal shall (h) To have the power to administer oath and affirmation, and to issue subpoena and
subpoena duces tecum in connection with any question or issue arising from appealed
take precedence over all other cases except criminal cases when the penalty of life imprisonment or
cases under this Title.
death or reclusion perpetua is imposable.

The appeal shall not stay the execution of the order or award unless ordered by the Board, by the (i) To sue and be sued in court.
Court of Appeals or by the Supreme Court and the appeal shall be without prejudice to the special civil
action of certiorari when proper. (j) To perform such other acts as it may deem appropriate for the attainment of the purposes
of the Commission and proper enforcement of the provisions of this Title.
“SECTION 32. Execution of Decision. — When no appeal is perfected and there is no order to stay by
the Board, by the Court of Appeals or by the Supreme Court, any decision or award of the Board shall
be enforced and executed in the same manner as decisions of the Regional Trial Court. For this
purpose, the Board shall have the power to issue to the city or provincial sheriff or its appointed sheriff
such writs of execution as may be necessary for the enforcement of such decision or award, and any Social Security Commission
person who shall fail or refuse to comply with such decision, award, writ or process after being
required to do so, shall, upon application by the GSIS, be punished for contempt.
Section 5. Settlement of Disputes. — (a) Any dispute arising under this Act with respect to coverage,
“SECTION 33. Oaths, Witnesses, and Production of Records. — When authorized by the Board, an benefits, contributions and penalties thereon or any other matter related thereto, shall be cognizable by
official or employee of the GSIS shall have the power to administer oath and affirmation, take the Commission, and any case filed with respect thereto shall be heard by the Commission, or any of
depositions, certify to official acts, and issue subpoena ad testificandum and subpoena duces tecum to its members, or by hearing officers duly authorized by the Commission and decided within twenty days
compel the attendance of witnesses and the production of books, papers, correspondences, and other after the submission of the evidence. The filing, determination and settlement of disputes shall be
governed by the rules and regulations promulgated by the Commission. (As amended by Sec. 3, R.A.
records deemed necessary as evidence in connection with any question arising under this Act. Any
2658; Sec. 2, R.A. 4857; and Sec. 3, P.D. No. 735, S-1975)
case of contumacy shall be dealt with in accordance with the provisions of Section 580 of the Revised
Administrative Code.
(b) Appeal to Courts. — Any decision of the Commission, in the absence of an appeal therefrom as
herein provided, shall become final fifteen days after the date of notification, and judicial review thereof
shall be permitted only after any party claiming to be aggrieved thereby has exhausted his remedies
before the Commission. The Commission shall be deemed to be a party to any judicial action involving

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any such decision, and may be represented by an attorney employed by the Commission, or when 5. Formulate and recommend rules and procedures for the adjudication and
requested by the Commission, by the Solicitor General or any fiscal. settlement of claims and disputes in the implementation of contracts in private
construction;
(c) Court Review. — The decision of the Commission upon any disputed matter may be received both
upon the law and the facts by the Court of Appeals. For the purpose of such review the procedure 6. Perform such other functions as may be assigned by the Authority.
concerning appeals from the Court of First Instance shall be followed as far as practicable and
consistent with the purposes of this Act. Appeal from a decision of the Commission must be taken
Section 5. Authorities, Powers and Directives. The Board of Administrators is hereby authorized,
within fifteen days from notification of such decision. If the decision of the Commission involves only
empowered and directed to promote, encourage and assist public service entities, particularly
questions of law, the same shall be reviewed by the Supreme Court. No appeal bond shall be required.
cooperatives, to the end of achieving the objective of making service available throughout the nation
The case shall be heard in a summary manner, and shall take precedence over all cases, except that
on an area coverage basis as rapidly as possible; and for such purpose it is hereby, without limiting the
in the Supreme Court, criminal cases wherein life imprisonment or death has been imposed by the trial
generality of the foregoing and in addition to other authorizations, powers and directives established by
court shall take precedence. No appeal shall act as a supersedeas or a stay of the order of the
this Act, specifically authorized, empowered and directed:
Commission, unless the Commission itself, or the Court of Appeals or the Supreme Court, shall so
order.
(a) To make loans to public service entities, with preference to cooperatives for the
construction or acquisition of generating, transmission and distribution facilities and all
(d) Execution of decisions — Any decision or award of the Commission after the same has become
related properties, equipment, machinery, fixtures, and materials for the purpose of
final and executory shall be enforced and executed in the same manner as decisions of Courts of First
supplying area coverage service and thereafter to make loans for the restoration,
Instance and the Commission shall have the power to issue to the City or provincial sheriff or the
improvement or enlargement of such facilities: Provided, That the public service entity
sheriff whom it may appoint such writs of execution as may be necessary for the enforcement of such
applying for a loan, if neither a cooperative nor a local government, must be in operation at
decision or award and any person who shall fail or refuse to comply with such decision, award, or writ,
the time of application;
after being required to do so shall, upon application by the Commission, be punished by the proper
court for contempt. (As amended by Sec. 4, P.D. No. 24, S-1972)
(b) To assist public service entities, with preference to cooperatives, in planning, developing,
coordinating, establishing, operating, maintaining, repairing and renovating facilities and
systems for supplying area coverage service, and for such purpose to furnish, to the extent
possible from the NEA technical staff and otherwise but without charge therefor, technical
Construction Industry Authority of the Philippines and professional assistance and guidance, information, data and the results of any
investigations, studies or reports conducted or made by the NEA;
(Through the The Philippine Domestic Construction Board)
(c) When sufficient funds therefor are not available from the revolving fund hereinafter
established, to serve, without charge for such service, as the agent of public serve entities
Section 6. The Philippine Domestic Construction Board. There is hereby created a Philippine which are cooperatives or local governments in securing loans directly to such entities from
Domestic Construction Board under the jurisdiction and supervision of the Authority. any other source for the same purposes for which NEA loans are authorized in
subparagraph (a) of this section; and to approve or disapprove any other loans to
(a) Composition. The Board shall be composed of Chairman and four (4) members to be cooperatives as provided for in section 11 of this Act;
appointed by the President upon recommendation of the Authority.
(d) To receive from cooperatives all articles of incorporation, amendment, consolidation,
(b) Functions. The Philippine Domestic Construction Board shall formulate, recommend and merger, conversion and dissolution, and all certificates of changes in the location of principal
implement policies, guidelines, plans and programs for the efficient implementation of public offices and of elections to dissolve, and, upon determining that such are in conformity with
and private construction in the country. Specifically, it shall: this Act, to certify the same, to file them in the records of the NEA, and to maintain a registry
of such filing: Provided, That the duties specified in this subsection shall be performed by
the Administrator under the supervision of the Board of Administrators;
1. Formulate and recommend appropriate policies and guidelines for pre-
qualification, bidding and contract award for public infrastructure projects;
(e) To so cooperate and coordinate the NEA's administration with, to exchange such
information, studies and reports with, and to seek such cooperation and coordination from,
2. Monitor and evaluate information on the status of public construction projects as other departments, agencies and instrumentalities of the National Government, including the
well as on the performance and contracting capacity of contractors engaged in National Power Corporation, as will most effectively conduce to the achievement of the
such projects; purposes of this Act; and

3. Adjudicate and settle claims and disputes in the implementation of public (f) At least annually, not later than January 31st, to report to the President and the Congress
construction contracts and for this purpose, formulate and adopt the necessary on the status of electrification of the Philippines, including a comprehensive reporting of
rules and regulations subject to the approval of the President; loans made, loan funds advanced, loans secured from other sources and the advances
thereof, the names and locations of the borrowers, the number of services contemplated by
4. Formulate and recommend approximate and standardized contract such loans, the number actually receiving service as a result of such loans, the number of
terms/conditions and guidelines for determining contract price adjustments in electrified and the remaining number of unelectrified premises throughout the Nation, the
private construction; amounts of usage by consumers, loan and other activities programmed for the ensuing year,
and all such other information and data as will accurately reveal the progress being made

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toward achievement of the purposes of this Act; and to publish such report for dissemination Land Registration Authority
to and use by other interested departments, agencies and instrumentalities of the National
Government and by borrowers under this Act.
(1) Issue decrees of registration pursuant to final judgments of the courts in land registration
proceedings and cause the issuance by the Registrars of Land Titles and Deeds of the corresponding
Section 11. Enforcement Powers. If any public service entity which has borrowed funds from the NEA, certificates of title;
or from any other lender through the services of the NEA as its agent, or from any other lender with the
NEA's lawfully required prior approval, shall default in its principal or interest payments, or shall fail,
after notice from the NEA, to comply with any other term or condition of a loan agreement or of any (2) Be the central repository of records relative to original registration of lands titled under the Torrens
rule or regulation promulgated by the NEA in administering the provisions of this Act, the Board of system, including subdivision and consolidation plans of titled lands; and
Administrators is hereby authorized and empowered in its discretion to do any or any combination of
the following: (3) Extend assistance to courts in ordinary and cadastral land registration proceedings and to the other
agencies of the government in the implementation of the land reform program.
(a) Refuse to make, secure as agent, or give any lawfully required approval to, any new loan
to the borrower: There are hereby created in the Administration the Offices of the Administrator and the Deputy
Administrator.
(b) Withhold without limitation the NEA's advancement, or withhold its approval for any other
lender with respect to which the NEA has such approving power to make advancement, of The Administrator shall have the following powers and functions:
funds pursuant to any loan already made to the borrower;
(1) Exercise supervision and control over all Registrars of Land Titles and Deeds and other personnel
(c) Withhold any technical or professional assistance otherwise being furnished or that might of the Administration;
be furnished to the borrower;
(2) Resolve cases elevated en consulta by, or on appeal from decisions of, Registrars of Land Titles
(d) Foreclose any mortgage or deed of trust or other security held by the NEA on the and Deeds;
properties of such borrower, in connection with which the NEA may, subject to any superior
or co-equal rights in such lien held by any other lender, (1) bid for and purchase or otherwise
acquire such properties, (2) pay the purchase price thereof and any costs and expenses (3) Exercise executive supervision over all clerks of court and personnel of the Courts of First Instance
incurred in connection therewith out of the revolving fund, (3) accept title to such properties throughout the Philippines with respect to the discharge of their duties and functions in relation to the
in the name of the Republic of the Philippines, and (4) operate or lease such properties for registration of lands;
such period, not exceeding five years, and in such manner as may be deemed necessary or
advisable to protect the investment therein, including the improvement, maintenance and (4) Implement all orders, decisions, and decrees promulgated relative to the registration of lands and
rehabilitation of foreclosed systems, but the NEA shall, within five years after acquiring such issue subject to the approval of the Minister of Justice, all needful rules and regulations therefor; and
properties, sell the same for such consideration as it determines to be reasonable and upon
such terms and conditions as it determines most conducive to the achievement of the
purposes of this Act; or (5) Verify and approve subdivision, consolidation, and consolidation-subdivision survey plans of
properties titled under Act No. 496 except those covered by P.D. No. 957.

(e) Take any other remedial measure for which the loan agreement may provide.
The Deputy Administrator shall act as Administrator during the absence or disability of the
Administrator and when there is a vacancy in the position until another person shall have been
In addition to the foregoing, the Board of Administrators may, at its own instance and in the name of designated or appointed in accordance with law. The Deputy Administrator shall also perform such
the NEA, petition any court having jurisdiction for such purpose or any administrative agency other functions as the Administrator may assign to him.
possessing regulatory powers for such purpose (including the Public Service Commission) to issue
such order and afford such lawful relief as may be necessary.

No borrower shall, without the approval of the Board of Administrators and of any other lender holding
or sharing a lien on such borrower's properties, sell or dispose of the property, rights, franchises,
permits or any other assets acquired and/or mortgaged under the provisions of this Act until all
outstanding indebtedness to the NEA and any other such lender, including all interest owing thereon,
shall have been repaid: Provided, That the NEA may by appropriate rule or regulation grant general
permission to borrowers to dispose of incidental properties (excluding real property), rights, franchises,
permits or other assets no longer deemed necessary or useful in conducting the borrower's operations.

No cooperative shall borrow money from any source without the Board of Administrators' prior
approval: Provided, That the Board of Administrators may, by appropriate rule or regulation, grant
general permission to cooperatives to secure short-term loans not requiring the encumbering of their
real properties or of a substantial portion of their other properties or assets.

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Civil Service Commission

Section 12. Powers and Functions. - The Commission shall have the following powers and
functions:
Commission On Audit

(1) Administer and enforce the constitutional and statutory provisions on the merit system for all levels Section 11. General Jurisdiction. -
and ranks in the Civil Service;

(1) The Commission on Audit shall have the power, authority, and duty to examine, audit,
(2) Prescribe, amend and enforce rules and regulations for carrying into effect the provisions of the and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds
Civil Service Law and other pertinent laws; and property, owned or held in trust by, or pertaining to, the Government, or any of its subdivisions,
agencies, or instrumentalities, including government-owned or controlled
corporations with original charters, and on a post-audit basis:
(3) Promulgate policies, standards and guidelines for the Civil Service and adopt plans and
(a) constitutional bodies,
programs to promote economical, efficient and effective personnel administration in the
commissions and offices that have been granted fiscal autonomy under this Constitution;
government;
(b) autonomous state colleges and universities,
(c) other government-owned or controlled corporations and their subsidiaries; and
(4) Formulate policies and regulations for the administration, maintenance and
implementation of position classification and compensation and set standards for the (d) such non-governmental entities receiving subsidy or equity, directly or indirectly from or through the
establishment, allocation and reallocation of pay scales, classes and positions; Government, which are required by law or the granting institution to submit to such audit as a condition
of subsidy or equity. However, where the internal control system of the audited agencies is inadequate,
the Commission may adopt such measures, including temporary or special pre-audit, as are necessary
and appropriate to correct the deficiencies. It shall keep the general accounts of the Government and,
(5) Render opinion and rulings on all personnel and other Civil Service matters which shall
for such period as may be provided by law, preserve the vouchers and other supporting papers
be binding on all heads of departments, offices and agencies and which may be brought to
pertaining thereto.
the Supreme Court on certiorari;

(2) The Commission shall have exclusive authority, subject to the limitations in this Article, to define
(6) Appoint and discipline its officials and employees in accordance with law and exercise the scope of its audit and examination, establish the techniques and methods required therefor, and
control and supervision over the activities of the Commission; promulgate accounting and auditing rules and regulations, including those for the prevention and
disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures, or
uses of government funds and properties
(7) Control, supervise and coordinate Civil Service examinations. Any entity or official in
government may be called upon by the Commission to assist in the preparation and conduct
of said examinations including security, use of buildings and facilities as well as personnel
and transportation of examination materials which shall be exempt from inspection Commission on Elections
regulations;
Section 2. Powers and Functions. - In addition to the powers and functions conferred upon it by the
constitution, the Commission shall have exclusive charge of the enforcement and administration of all
laws relative to the conduct of elections for the purpose of insuring free, orderly, honest, peaceful and
credible elections, and shall:

(1) Promulgate rules and regulations implementing the provisions of the Omnibus Elections
Code or other laws which the Commission is required to enforce and administer;

(2) Fix other reasonable periods for certain pre-election requirements in order that voters
shall not be deprived of their rights of suffrage and certain groups of rights granted them in the
Omnibus Election Code; Unless indicated in the Omnibus Election Code, the Commission is hereby

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authorized to fix the appropriate period for the various prohibited acts enumerated therein, consistent has not been held on the date fixed, or had been suspended before the hour fixed by law for
with the requirements of free, orderly, honest, peaceful and credible elections. the closing of the voting, or after the voting and during the preparation and the transmission of the
election returns or in the custody or canvass thereof, such election results in a failure to elect, and in
any of such cases the failure or suspension of election would affect the result of the election. Such call
should be on the basis of a verified petition by any interested party and after due notice and hearing
(3) Exercise direct and immediate supervision and control over national and local officials or
and the new date should be reasonably close to the date of the election not held, suspended or which
employees, including members of any national or local law enforcement agency and
resulted in a failure to elect but not later than thirty (30) days after the cessation of the cause of such
instrumentality of the government required by law to perform duties relative to the conduct of elections,
postponement or suspension of the election or failure to elect.
plebiscite, referendum, recall and initiative. In addition, it may authorize CMT
cadets, eighteen years of age and above to act as its deputies for the purpose of enforcing
its orders;
(9) Call a special election to elect the member to serve the unexpired portion in case a
vacancy arises in the Senate or in the House of Representatives eighteen (18) months or
more before a regular election, to be held within sixty (60) days after the vacancy occurs;
The Commission may relieve any officer or employee referred to in the preceding paragraph
from the performance of his duties relating to electoral processes who violates the election
law or fails to comply with its instructions, orders, decisions or rulings, and appoint his
substitute. Upon recommendation of the Commission, the corresponding proper authority (10) Summon the parties to a controversy pending before it, issue subpoena duces tecum
shall suspend or remove from office any or all of such officers or employees who may after and take testimony in any investigation or hearing before it, and delegate such power to any officer of
due process, be found guilty of such violation or failure. the Commission who shall be a member of the Philippine Bar. In case of failure of a witness to attend,
the Commission, upon proof of service of the subpoena to said witness, may issue a warrant to arrest
the witness and bring him before the Commission or the officer before whom his attendance is
required; Any controversy submitted to the Commission shall, after compliance with the requirements
(4) During the period of the campaign and ending thirty days thereafter, when in any area of the of due process, be immediately heard and decided by it within sixty (60) days from the date of its
country there are persons committing acts of terrorism to influence people to vote for or against any submission for decision or resolution. No decision or resolution shall be rendered by the
candidate or political party, the Commission shall have the power to authorize any member or Commission either en banc or by division unless taken up in a formal session properly
members of the Armed Forces of the Philippines, the National Bureau of Investigation, the Integrated convened for the purpose; The Commission may when necessary, avail itself of the assistance of any
National Police or any similar agency or instrumentality of the government, except civilian home national or local law enforcement agency and or instrumentality of the government to execute under its
defense forces, to act as deputies for the purpose of insuring the holding of free, orderly, honest, direct and immediate supervision any of its final decisions, orders, instruction or rulings;
peaceful and credible elections;

(11) Punish for contempt according to the procedure, and with the same penalties provided,
in the Rules of Court. Any violation of any final and executory decision, order or ruling of the
(5) Publish at least ten (10) days before an election in a newspaper of general circulation
Commission shall constitute contempt thereof;
certified data on the number of official ballots and election returns and the names and
address of the printers and the number printed by each;

(6) Refuse, motu propio or upon a verified petition, to give due course to or cancel a certificate of (12) Enforce and execute its decisions, directives, orders and instructions which shall have
candidacy if it is shown that said certificate has been filed to put the election precedence over those emanating from any other authority, except the Supreme Court and
process in mockery or disrepute or to cause confusion among the voters by the similarity of those issued in habeas corpus proceedings;
the names of the registered candidates or by other circumstances or acts which clearly (13) Prescribe the forms to be used in the election, plebiscite or referendum, recall or
demonstrate that the candidate has no bona fide intention to run for the office for which the initiative;
certificate of candidacy has been filed and thus prevent a faithful determination of the true
will of the electorate;

(14) Procure any supplies, equipment, materials or services needed for the holding of the
election by public bidding; but if it finds the requirements of public bidding impractical to
(7) Postpone, motu propio or upon verified petition and after due notice and hearing whereby all observe, then by negotiations or sealed bids, and in both cases, the accredited parties shall
interested parties are afforded equal opportunity to be heard, the election to a date which should be be duly notified;
reasonably close to the date of the election not held, suspended or which resulted in a failure to elect
but not later than thirty days after the cessation of the cause for such postponement or suspension of
the election or failure to elect, when for any serious cause such as violence, terrorism, loss or
destruction of election paraphernalia or records, force majeure, and other analogous causes the (15) Prescribe the use or adoption of the latest technological and electronic devices, taking
holding of a free, orderly, honest, peaceful and credible election should become impossible in any into account the situation prevailing in the area and funds available for the purpose. The
political subdivision. Commission shall notify the authorized representatives of accredited political parties and
candidates in areas affected by the use or adoption of technological and electronic devices
not less than thirty days prior to the effectivity of the use of such devices;

(8) Call for the holding or continuation of election not held in any polling place where on
account of force majeure, violence, terrorism, fraud or other analogous causes the election

9
(16) Constitute a pool of standby-teachers from which substitutes shall be drawn in case a 2. To inquire into the financial records of candidates and any organization or group of
member/s of the Board of Election Inspectors who, for one reason or another, failed to report or persons, motu propio or upon written representation for probable cause by any candidate,
refused to act as such on the day of election. organization or group of persons or qualified voter, after due notice and hearing.
For purposes of this Section, the Commission may avail itself of the assistance of the Commission on
Audit, the Central Bank, the National Bureau of Investigation, the Bureau of Internal Revenue, the
Armed Forces of the Philippines, the Integrated National Police of the Philippines, barangay officials
(17) Carry out a continuing and systematic campaign through newspapers of general and other agencies of the government
circulation, radio and other media forms to educate the public and fully inform the electorate about
election laws, procedures, decisions, and other matters relative to the works and duties of the
Commission and the necessity of clean, free, orderly, honest, peaceful and credible electoral
processes;

(18) Accredit non-partisan groups or organizations of citizens from the civic, youth,
professional, education, business or labor sectors known for their probity, impartiality and
integrity with the membership and capability to undertake a coordinated operation and
activity to assist it in the implementation of the provisions of Omnibus Election Code and the
resolutions, orders and instructions of the Commission for purpose of ensuring free, orderly,
honest, peaceful and credible elections in any constituency. Such groups or organization
shall functions under the direct and immediate control and supervision of the Commission;

(19) Conduct hearings on controversies pending before it in the cities or provinces upon
proper motion of any party, taking into consideration the materiality and number of witnesses to be
presented, the situation prevailing in the area and the fund available for the purpose;

(20) Have exclusive jurisdiction over all pre-proclamation controversies. It may motu proprio or upon
written petition, and after due notice and hearing, order the partial or total
suspension of the proclamation of any candidate-elect or annul partially or totally any
proclamation, if one has been made, as the evidence shall warrant. Notwithstanding the
pendency of any preproclamation controversy, the Commission may, motu propio or upon
filing of a verified petition and after due notice and hearing, order the proclamation of other
winning candidates whose election will not be affected by the outcome of the controversy.

(21) Have the exclusive power, through its duly authorized legal officers, to conduct
preliminary investigation of all election offenses punishable under the Omnibus Election
Code and to prosecute the same. The Commission may avail itself of the assistance of other
prosecuting arms of the government: Provided, however, that in the event that the
Commission fails to act on any complaint within four (4) months from its filing, the
complainant may file the complaint with the office of the fiscal or with the Department of
Justice for proper investigation and prosecution, if warranted; and
(22) Perform such other functions as may be provided by law.

Section 3. Enforcement Powers. - For the effective enforcement of the provisions of the Omnibus
Election Code, the Commission is further vested and charged with the following powers, duties and
responsibilities:

1. To stop any illegal activity, or confiscate, tear down, and stop any unlawful, libelous,
misleading or false election propaganda, after due notice and hearing; and

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