Posted by: Elmer Brabante | February 4, 2011

Administrative Code of 1987 (EO 292) Books Four and Five


BOOK IV

THE EXECUTIVE BRANCH 

Chapter 1

THE DEPARTMENTS 

Sec. 1. Purpose and Number of Departments. – The Executive Branch shall have such Departments as are necessary for the functional distribution of the work of the President and for the performance of their functions.

Chapter 2

SECRETARIES, UNDERSECRETARIES, AND ASSISTANT SECRETARIES

 
Sec. 6. Authority and Responsibility of the Secretary. – The authority and responsibility for the exercise of the mandate of the Department and for the discharge of its powers and functions shall be vested in the Secretary, who shall have supervision and control of the Department.

Sec. 7. Powers and Functions of the Secretary. – The Secretary shall:

(1) Advise the President in issuing executive orders, regulations, proclamations and other issuances, the promulgation of which is expressly vested by law in the President relative to matters under the jurisdiction of the Department;

Sec. 9. Submission of Budget Estimates. – The Secretary shall prepare and submit to the President through the Department of Budget and Management an estimate of the necessary expenditures of the department during the next fiscal year, on the basis of the reports and estimates submitted by bureaus and officers under him.

(1) Advise and assist the Secretary in the formulation and implementation of department objectives and policies;

Chapter 3

DEPARTMENT SERVICES

Sec. 12. Department Services. – Except as otherwise provided by law, each Department shall have Department Services which shall include the Planning Service, the Financial and Management Service, the Administrative Service, and whenever necessary the Technical and Legal Services.

Chapter 4

BUREAUS

Sec. 18. Bureaus in General. – (1) A Bureau is any principal subdivision of the department performing a single major function or closely related functions. Bureaus are either staff or line.

(a) Advise and assist the Office of the Secretary on matters pertaining to the Bureau’s area of specialization;

(3) The staff bureau shall avail itself of the planning, financial and administrative services in the department proper. The bureau may have a separate administrative division, if circumstances so warrant.

(a) Exercise supervision and control over all division and other units, including regional offices, under the bureau;

Chapter 5

FIELD OFFICES

Sec. 21. Regional Offices. – Regional Offices shall be established according to law defining field service areas. The administrative regions shall be composed of a National Capital Region and Regions I to XII. Provincial and district offices may be established only by law whenever necessary.

(a) Implement laws, policies, plans, programs, rules and regulations of the department or agency in the regional area;

(1) Implement laws, policies, rules and regulations within the responsibility of the agency;

Chapter 6

POWERS AND DUTIES OF HEADS OF BUREAUS OR OFFICES

Sec. 29. Powers and Duties in General. – The head of bureau or office shall be its chief executive officer. He shall exercise overall authority in matters within the jurisdiction of the bureau, office or agency, including those relating to its operations, and enforce all laws and regulations pertaining to it.

Chapter 7

ADMINISTRATIVE RELATIONSHIP

Sec. 38. Definition of Administrative Relationship. – Unless otherwise expressly stated in the Code or in other laws defining the special relationships of particular agencies, administrative relationships shall be categorized and defined as follows:

Chapter 8

SUPERVISION AND CONTROL

Sec. 39. Secretary’s Authority. – (1) The Secretary shall have supervision and control over the bureaus, offices, and agencies under him, subject to the following guidelines:

(a) Initiative and freedom of action on the part of subordinate units shall be encouraged and promoted, rather than curtailed, and reasonable opportunity to act shall be afforded those units before control is exercised;

    (2) This Chapter shall not apply to chartered institutions or government-owned or controlled corporations attached to the department.

Chapter 9

RELATIONSHIP OR GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS

AND REGULATORY AGENCIES TO THE DEPARTMENT

Sec. 42. Government-Owned or Controlled Corporations. – Government-owned or controlled corporations shall be attached to the appropriate department with which they have allied functions, as hereinafter provided, or as may be provided by executive order, for policy and program coordination and for general supervision provided in pertinent provisions of this Code.

Chapter 10

APPOINTMENTS AND QUALIFICATIONS

Sec. 44. Appointment of Secretaries. – The Secretaries of Departments shall be appointed by the President with the consent of the Commission on Appointments, at the beginning of his term of office, and shall hold office, unless sooner removed, until the expiration of his term of office, or until their successors shall have been appointed and qualified.

Chapter 11

ADMINISTRATIVE ISSUANCES

 Sec. 50. General Classification of Issuances. – The administrative issuances of Secretaries and heads of bureaus, offices or agencies shall be in the form of circulars or orders.

Chapter 12

MISCELLANEOUS RECEIPTS

 Sec. 54. Charges for Property Sold or Services Rendered; Refunds. – (1) For services required by law to be rendered for a fee, for supplies furnished, or articles of any kind sold to other divisions of the government or to any person, the head of bureau, office or agency may, upon approval of the Secretary charge and collect the cost of the service, supplies, or articles or other rate in excess of cost prescribed by law or approved by the same authority. For local governments, the rate, except where otherwise prescribed by law, shall be affixed at cost or at such other reasonable rate in excess of cost by the boards or councils concerned;

Chapter 13

CONTRACTS

Sec. 57. Conveyances and Contracts to which the Government is a Party. – Any deed, instrument or contract conveying the title to real estate or to any other property the value of which does not exceed fifty million pesos (P50,000,000) awarded through public bidding, and five million pesos (P5,000,000) awarded through negotiation, shall be executed and signed by the respective Secretary on behalf of the Government of the Philippines. Where the value of the property exceeds the aforesaid ceilings, such deed, instrument or contract shall be executed and signed by the President of the Philippines on behalf of the Government.

Chapter 14

CONTROVERSIES AMONG GOVERNMENT

OFFICES AND CORPORATIONS

Sec. 66. How Settled. – All disputes, claims and controversies, solely between or among the departments, bureaus, offices, agencies and instrumentalities of the National Government, including government-owned or controlled corporations, such as those arising from the interpretation and application of statutes, contracts or agreements, shall be administratively settled or adjudicated in the manner provided in this Chapter. This Chapter shall, however, not apply to disputes involving the Congress, the Supreme Court, the Constitutional Commissions, and local governments.

Title I

FOREIGN AFFAIRS

Chapter 1

GENERAL PROVISIONS

Sec. 1. Declaration of Policy. – The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.

Chapter 2

DEPARTMENT PROPER

 Sec. 5. Offices Under the Direct Supervision of the Secretary. – The Secretary shall exercise direct supervision over the following:

Chapter 3

DEPARTMENT SERVICES

Sec. 10. Office of the Legal Adviser. – The Office of the Legal Adviser shall be headed by a Legal Adviser, who shall be a career Chief of Mission. However, the Legal Adviser may be appointed by the President, upon the recommendation of the Secretary, from outside the career service, in which case he shall have the assimilated rank of a Chief of Mission. His term shall be co-terminus with the tenure of the Secretary, unless sooner terminated, and he is not eligible for foreign assignment. The Legal Adviser shall provide legal advice and services to the Department.

Chapter 4

BOARD OF FOREIGN SERVICE ADMINISTRATION

Sec. 15. Composition. – The Board of Foreign Service Administration shall be composed of nine (9) members: one (1) Undersecretary as Chairman; the other Undersecretary as Vice-Chairman; the six (6) Assistant Secretaries and the Legal Adviser, as members.

Chapter 5

BOARD OF FOREIGN SERVICE EXAMINERS

 Sec. 17. Composition. – The Board of Foreign Service Examiners shall be composed of one (1) Undersecretary as Chairman; and the Assistant Secretary for Personnel and Administrative Services and a Commissioner of the Civil Service Commission as members. The Board shall be under the administrative supervision of such Undersecretary.

Chapter 6

ATTACHED AGENCIES

Sec. 19. Attached Agencies. – The Law of the Sea Secretariat, the Inter-Agency Technical Committee on Economic, Scientific and Technical Cooperation with Socialist Countries (SOCCOM), the Inter-Agency Technical Committee on Technical Cooperation Among Developing Countries (IATC-TC), the Permanent Inter-Agency Technical Committee on ESCAP Matters (PITCEM), and other agencies attached to the Department shall continue to operate and function in accordance with their respective charters or laws creating them, except as otherwise provided in this Code.

Chapter 7

THE FOREIGN SERVICE

 Sec. 20. Functions of Diplomatic Missions. – The Diplomatic Missions shall:

Chapter 8

ATTACHES AND REPRESENTATIVES

Sec. 22. Attaches of the Department. – The Department Head shall designate attaches of the Department from the ranks of Foreign Service Officers and Foreign Service Staff Officers.

Chapter 9

PERSONNEL

 Sec. 29. Policy. – To enable the Foreign Service to effectively serve abroad the interests of the Republic of the Philippines, it shall be the policy of the Department that only persons who are competent, of good moral character, and fully informed of the Philippine History and current trends in Filipino life shall be appointed to the service.

Chapter 10

APPOINTMENTS, COMPENSATION AND BENEFITS

Sec. 35. Foreign Service Officers. – (1) Foreign Service Officers shall be appointed by the President.

Chapter 11

PROMOTIONS

 
Sec. 39. Merit Promotion System. – The Board of the Foreign Service shall establish a merit promotion system for all officers and employees of the Department.

Chapter 12

ASSIGNMENTS AND TRANSFERS

Sec. 43. Rotation Plan. – The secretary shall establish a system of assignments and transfers to ensure that all qualified officers and employees, except the employees in the non-career service, shall serve in diplomatic and consular establishments in different regions of the world. The assignment and transfer of personnel shall follow a regular rotation plan. For purposes of assignments, the home office shall be considered a post. All personnel shall be available for assignment to any post.

Chapter 13

PASSPORT

 Sec. 48. Definition. – A Philippine passport is an official document of identity of Philippine citizenship of the holder issued for travel purposes.

Chapter 14

MISCELLANEOUS PROVISIONS

Sec. 55. Use of Savings. – The Secretary is authorized to use any savings in the appropriations for the Department for the payment of: (a) expenses for the evacuation or repatriation to the Philippines, when necessary due to an emergency, of members of the household of the personnel of any diplomatic or consular establishment as well as the transportation of their personal effects; (b) actual return passage by the most direct and economical means of transportation and the cost of shipment of the household effects to Manila of any officer or employee in the Foreign Service, including the immediate dependent members of his family, who resigns or is separated from the service for cause; (c) the cost of preparing and transporting the remains of an officer or employee who is a citizen of the Philippines and the immediate members of his family who may die abroad or while in travel status; or (d) contingent and unforeseen expenses that may arise in connection with the operation of the Foreign Service.

Title II

FINANCE

Chapter 1

GENERAL PROVISIONS

Sec. 1. Declaration of Policy. – It is the policy of the State that the Department of Finance shall be primarily responsible for the sound and efficient management of the financial resources of the Government, its subdivisions, agencies and instrumentalities.

Chapter 2

DEPARTMENT PROPER

Sec. 5. Office of the Secretary. – The Office of the Secretary shall consist of the Secretary, his Undersecretary and their immediate staffs.

Chapter 3

DEPARTMENT SERVICES

 Sec. 8. Policy Development and Management Services Group. – The Policy Development and Management Services Group, which shall be headed by an Undersecretary, shall consist of the following:

Chapter 4

BUREAUS

Sec. 16. Operations Groups. – The Operation Groups, each of which shall be headed by an Undersecretary, shall consist of the following:

Chapter 5

REGIONAL OFFICES

Sec. 40. Regional Offices. – There shall be a Regional Office in each region. Each Regional Office shall be headed by a Regional Director.

Chapter 6

ATTACHED AGENCIES

Sec. 42. Attached Agencies. – The following agencies are hereby attached to the Department:

Title III – JUSTICE

 Chapter I

GENERAL PROVISIONS

 Sec. 1. Declaration of Policy. – It is the declared policy of the State to provide the government with a principal law agency which shall be both its legal counsel and prosecution arm; administer the criminal justice system in accordance with the accepted processes thereof consisting in the investigation of the crimes, prosecution of offenders and administration of the correctional system; implement the laws on the admission and stay of aliens, citizenship, land titling system, and settlement of land problems involving small landowners and members of indigenous cultural minorities; and provide free legal services to indigent members of the society.

Chapter 2

DEPARTMENT PROPER

 Sec. 5. The Department Proper. – The Department Proper shall be composed of the Office of the Secretary and the Undersecretaries, Technical and Administrative Service, Financial Management Service, Legal Staff and the Office of the Chief State Prosecutor.

Chapter 3

OFFICE OF THE GOVERNMENT

CORPORATE COUNSEL

 Sec. 10. Office of the Government Corporate Counsel. – The Office of the Government Corporate Counsel (OGCC) shall act as the principal law office of all government-owned or controlled corporations, their subsidiaries, other corporate off-springs and government acquired asset corporations and shall exercise control and supervision over all legal departments or divisions maintained separately and such powers and functions as are now or may hereafter be provided by law. In the exercise of such control and supervision, the Government Corporate Counsel shall promulgate rules and regulations to effectively implement the objectives of the Office.

Chapter 4

NATIONAL BUREAU OF INVESTIGATION

 Sec. 11. National Bureau of Investigation. – The National Bureau of Investigation (NBI) with all its duly authorized constituent units including its regional and district offices and rehabilitation center, shall continue to perform the powers and functions as are now vested in it under the existing law and such additional functions as may hereafter be provided by law.

Chapter 5

PUBLIC ATTORNEY’S OFFICE

 Sec. 14. Public Attorney’s Office (PAO). – The Citizen’s Legal Assistance Office (CLAO) is renamed Public Attorney’s Office (PAO). It shall exercise the powers and functions as are now provided by law for the Citizen’s Legal Assistance Office or may hereafter be provided by law.

Chapter 6

BOARD OF PARDONS AND PAROLE

 Sec. 17. Board of Pardons and Parole. – The Board of Pardons and Parole shall continue to discharge the powers and functions as provided in existing law and such additional functions as may be provided by law.

Chapter 7

PAROLE AND PROBATION ADMINISTRATION

 Sec. 23. Parole and Probation Administration. – The Parole and Probation Administration hereinafter referred to as the Administration shall have the follolwing functions:

Chapter 8

BUREAU OF CORRECTIONS

 Sec. 26. Bureau of Corrections. – The Bureau of Corrections shall have its principal task the rehabilitation of prisoners. The Bureau of Corrections shall exercise such powers and functions as are now provided for the Bureau of Prisons or may hereafter be provided by law.

Chapter 9

LAND REGISTRATION AUTHORITY

 Sec. 28. The Land Registration Authority. – The Land Registration Authority, hereinafter referred to as the Authority shall continue to exercise its powers and functions under existing law on the Land Titles and Deeds Registration Authority and those which may hereafter be provided by law.

Chaper 10

BUREAU OF IMMIGRATION

 Sec. 31. Bureau of Immigration. – The Bureau of Immigration is principally responsible for the administration and enforcement of immigration, citizenship and alien admission and registration laws in accordance with the provisions of the Philippine Immigration Act of 1940, as amended (C.A. No. 613, as amended). The following units shall comprise the structural organization of the Bureau:

Chapter 11

COMMISSION ON THE SETTLEMENT OF LAND PROBLEMS

 Sec. 32. Commission on the Settlement of Land Problems. – The Commission on the Settlement of Land Problems shall be responsible for the settlement of land problems involving small landowners and members of cultural minorities. It shall also perform such other functions, as are now or may hereafter be provided by law.

Chapter 12

OFFICE OF THE SOLICITOR GENERAL

 Sec. 34. Organizational Structure. – The Office of the Solicitor General shall be an independent and autonomous office attached to the Department of Justice.

Title IV – AGRICULTURE

 Chapter 1

GENERAL PROVISIONS

 Sec. 1. Declaration of Policy. – The State shall promote the well being of farmers, including share tenants, leaseholders, settlers, fishermen, and other rural workers by providing an environment in which they can increase their income, improve their living conditions, and maximize their contributions to the national economy. Toward this end, the State shall accelerate agricultural development and enhance the production of agricultural crops, fisheries, and livestock by optimizing the use of resources and by applying modern farming systems and technology in order to attain food security for domestic use and expand and diversify agricultural production for export. It shall also encourage private initiative in agri-business ventures both in the production and in the exportation and importation of food and other allied commodities.

Chapter 2

DEPARTMENT PROPER

 Sec. 5. Office of the Secretary. – The Office of the Secretary shall consist of the Secretary and his immediate staff as determined by him.

Chapter 3

DEPARTMENT SERVICES

 Sec. 10. Planning and Monitoring Service. – The Planning and Monitoring Service shall be responsible for the formulation and integration of plans and programs, emanating from all units of the Department, including the Bureau, Regional Offices and Attached Agencies. It shall also be responsible for data analysis and monitoring of the implementation of said plans and programs through its management information system.

Chapter 4

BUREAUS AND OFFICES

 Sec. 18. Bureau of Animal Industries. – The Bureau of Animal Industry shall:

Chapter 5

REGIONAL OFFICES

 Sec. 26. Functions. – The Department of Agriculture is authorized to establish, operate, and maintain a Regional Office in each of the administrative regions of the country. Each Regional Office shall be headed by a Regional Director, to be assisted by three (3) Assistant Regional Directors, assigned to Operations, Research, and Support Services, respectively. Each Regional Office shall have, within its administrative regions, the following duties and responsibilities:

Chapter 6

ATTACHED AGENCIES

 Sec. 47. Attached Agencies. – The following units are hereby attached to the Department:

Title V

PUBLIC WORKS AND HIGHWAYS

 Chapter 1

GENERAL PROVISIONS

 Sec. 1. Declaration of Policy. – The State shall maintain an engineering and construction arm and continuously develop its technology, for the purposes of ensuring the safety of all infrastructure facilities and securing for all public works and highways the highest efficiency and the most appropriate quality in construction. The planning, design, construction and maintenance of infrastructure facilities, especially national highways, flood control and water resources development systems, and other public works in accordance with national development objectives, shall be the responsibility of such an engineering and construction arm. However, the exercise of this responsibility shall be decentralized to the fullest extent feasible.

Chapter 2

DEPARTMENT PROPER

 Sec. 5. Office of the Secretary. – The Office of the Secretary shall be composed of the Secretary and his immediate staff.

Chapter 3

DEPARTMENT SERVICES

 Sec. 8. Internal Audit Service. – The Internal Audit Service shall conduct comprehensive audit of various Department activities. Specifically, it shall have the following functions:

Chapter 4

THE BUREAU

 Sec. 14. Bureau Head. – Each Bureau shall be headed by a Bureau Director who shall be responsible for efficiently and effectively carrying out the functions of the Bureau.

Chapter 5

REGIONAL OFFICES

 Sec. 20. Regional Offices. – Regional Offices shall be responsible for highways, flood control and water resource development systems, and other public works within the region, except those defined in Section 3, par. (4) hereof. For this purpose, their duties and responsibilities shall be as follows:

Chapter 6

ATTACHED AGENCIES

 Sec. 25. Attached Agencies and Corporations. – Agencies and corporations attached to the Department shall continue to operate and function in accordance with their respective charters/laws/executive orders creating them. Accordingly, the Metropolitan Waterworks and Sewerage System, the Local Water Utilities Administration, the National Irrigation Administration, and the National Water Resources Council, among others, shall continue to be attached to the Department; while the Metropolitan Manila Flood Control and Drainage Council, as reorganized, shall be attached to the Department.

Title VI

EDUCATION, CULTURE AND SPORTS

 Chapter 1

GENERAL PROVISIONS

 Sec. 1. Declaration of Policy. – The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all. Pursuant to this, the State shall:

Chapter 2

DEPARTMENT PROPER

 Sec. 5. Office of the Secretary. – The Office of the Secretary shall be composed of the Secretary and his immediate staff.

 Chapter 3

DEPARTMENT SERVICES

Sec. 7. Functions of the Services. – The Services of the Department shall consist of the following:

Chapter 4

BOARD OF HIGHER EDUCATION

 Sec. 8. Organization. – The Board shall be composed of an Undersecretary of the Department of Education, Culture and Sports designated as Chairman and four other members to be appointed by the President of the Philippines upon nomination by the Secretary of Education, Culture and Sports for a term of four years. The four members shall have distinguished themselves in the field of higher education and development either in the public or private sector. The Director of the Bureau of Higher Education shall participate in the deliberation of the Board but without the right to vote.

 Chapter 5

STATE COLLEGES AND UNIVERSITIES

 Sec. 11. Governance. – By virtue of his chairmanship of their boards of trustees as provided in their respective charters, the Secretary, directly or through his Undersecretaries, shall continue to govern state colleges and universities.

Chapter 6

BUREAUS AND OFFICES

 Sec. 12. Bureau of Elementary Education. – The Bureau of Elementary Education shall have following functions:

Chapter 7

REGIONAL OFFICES

 Sec. 18. Organization. – The Department is hereby authorized to establish, operate and maintain a Regional Office in each of the administrative regions of the country. Each Regional Office shall be headed by a Regional Director who shall be assisted by an Assistant Regional Director. The Regional Director shall be responsible for the School Divisions and their Superintendents within his administrative region.

Chapter 8

ATTACHED AGENCIES

 Sec. 20. Attached Agencies. – The following agencies are hereby attached to the Department:

Chapter 9

MISCELLANEOUS PROVISIONS

Sec. 23. Medium of Instruction. – The Department shall promulgate rules and the regulations on the medium of instruction for all schools in accordance with the policy declared in Section 7, Article XIV of the Constitution.

Title VII

LABOR AND EMPLOYMENT

 

Chapter 1

GENERAL PROVISIONS

 Sec. 1. Declaration of Policy. – (1) The State shall afford full protection to labor and promote full employment and equality of employment opportunities for all.

Chapter 2

DEPARTMENT PROPER

 Sec. 5. Office of the Secretary. – The Office of the Secretary shall consist of the Secretary and his immediate staff.

Chapter 3

DEPARTMENT SERVICES

 Sec. 9. Planning Service. – The Planning Service shall provide the Department with efficient, effective and economical services relating to planning, programming, project development and evaluation, and the development and implementation of a management information system.

Chapter 4

BUREAUS

 Sec. 16. Bureau of Labor Relations. – The Bureau of Labor Relations shall set policies, standards, and procedures on the registration and supervision of legitimate labor union activities including denial, cancellation and revocation of labor union permits. It shall also set policies, standards, and procedure relating to collective bargaining agreements, and the examination of financial records of accounts of labor organizations to determine compliance with relevant laws.

Chapter 5

REGIONAL OFFICES

Sec. 24. Regional Offices, District Offices and Provincial Extension Units. – The Department is hereby authorized to establish, operate and maintain such Department-wide Regional Offices, District Offices and Provincial Extension Units in each of the administrative regions of the country, insofar as necessary to promote economy and efficiency in the delivery of its services. Its Regional Office shall be headed by a Regional Director who shall have supervision and control thereof. The Regional Director, whenever necessary, shall be assisted by an Assistant Regional Director. A Regional Office shall have, within its regional areas, the following functions:

Chapter 6

ATTACHED AGENCIES

Sec. 25. Attached Agencies. – The following agencies are attached to the Department for policy and program coordination and administrative supervision:

Title VIII

NATIONAL DEFENSE

Subtitle I

PRELIMINARY PROVISIONS

 Chapter 1

NATIONAL DEFENSE POLICIES

Sec. 1. Declaration of Policies. – (1) The prime duty of the Government is to serve and protect the people. Government may call upon the people to defend the State and, in fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service.

Chapter 2

NATIONAL SECURITY COUNCIL

Sec. 2. Declaration of Policies. - (1) The formulation of integrated and rationalized national, foreign, military, political, economic, social and educational policies, programs, and procedures vital to the security of the state.

Chapter 3

NATIONAL INTELLIGENCE COORDINATING AGENCY

Sec. 9. Functions. – The National Intelligence Coordinating Agency, hereinafter referred to as the Agency, shall:

Subtitle II

DEPARTMENT OF NATIONAL DEFENSE

Chapter 1

GENERAL PROVISIONS

Sec. 15. Declaration of Policy. – The defense establishment shall be maintained to maximize its effectiveness for guarding against external and internal threats to national peace and security and provide support for social and economic development.

Chapter 2

DEPARTMENT PROPER

Sec. 19. Office of the Secretary. – The Office of the Secretary shall consist of the Secretary and his immediate staff as determined by him.

Chapter 3

GOVERNMENT ARSENAL

Sec. 24. Organization. – The Government Arsenal shall be headed by a Director who shall be assisted by one or more Assistant Directors. It shall have staff and operating units provided by law.

Chapter 4

OFFICE OF CIVIL DEFENSE

 Sec. 27. Organization. – The Office of Civil Defense shall be headed by an Administrator who shall be assisted by a Deputy Administrator. The Office shall have staff and operating units as may be provided by law.

Chapter 5

PHILIPPINE VETERANS AFFAIRS OFFICE

Sec. 31. Organization. – The Philippine Veterans Affairs Office shall be headed by an Administrator who may be assisted by one Deputy Administrator. It shall have staff and operating units provided by law.

Chapter 6

ARMED FORCES OF THE PHILIPPINES

Sec. 33. Functions. – The Armed Forces of the Philippines (AFP) shall:

Chapter 7

GENERAL HEADQUARTERS

Sec. 40. Functions. – The General Headquarters, AFP, shall:

Chapter 8

MAJOR SERVICES

 
Sec. 46. Organization.- The Major Services shall be organized by the Chief of Staff in accordance with the policies laid down by the Secretary of National Defense. The commanders of the Major Services shall hold such grade as provided by law, and shall be appointed by the President upon the recommendation of the Secretary of National Defense.

Chapter 9

PHILIPPINE MILITARY ACADEMY

 
Sec. 58. Organization. – (1) The Philippine Military Academy is the primary training and educational institution of the AFP. It shall be the primary sources of regular officers of the Standing Force.

Chapter 10

NATIONAL DEFENSE COLLEGE OF THE PHILIPPINES

 
Sec. 60. Organization and Administration. – (1) The National Defense College of the Philippines, hereafter referred to as the College, shall be under the direction, supervision and control of the Secretary of National Defense.

Chapter 11

INTEGRATED NATIONAL POLICE

 
Sec. 63. Composition. – Unless otherwise provided by law, the Integrated National Police shall be composed of the Philippine Constabulary as the nucleus and the Integrated Police Force, Fire Services as Jail Management Services as components, under the Department of National Defense.

Chapter 12

ATTACHED AGENCIES

 
Sec. 68. Attached Agencies. – Agencies which are attached to the Department shall operate in accordance with their respective organizational structures and perform the functions and duties assigned to them by law, subject to the requirements of economy, efficiency, and effectiveness.

Subtitle III

THE NATIONAL POLICE COMMISSION

 
Sec. 69. Declaration of Policy. – (1) The State shall establish and maintain one police force which shall be national in scope and civilian in character, to be administered and controlled by a national police commission and shall provide, by law, the authority of local executives over the police units in their jurisdiction.

Title IX

HEALTH

 Chapter 1

GENERAL PROVISIONS

Sec. 1. Declaration of Policy. – The State shall protect and promote the right to health of the people and instill health consciousness among them; adopt an integrated and comprehensive approach to health development, with priority for the underprivileged sick, elderly, disabled, women and children; endeavor to make essential goods, health and other social services available to all the people at affordable cost; establish and maintain an effective food and drug regulatory system; and undertake appropriate health manpower development and research, responsive to the country’s health needs and problems.

Chapter 2

DEPARTMENT PROPER

Sec. 5. Department Proper. – The Department Proper shall be composed of the Office of the Secretary, the Office for Management Services, the Office for Public Health Services, the Office for Hospital and Facilities Services, the Office for Standards and Regulations, and the Executive Committee for National Filed Operations.

Chapter 3

DEPARTMENT SERVICES

Sec. 12. Office for Management Services. – The Office for Management Services, headed by an Undersecretary who shall be supported by an Assistant Secretary, shall include six (6) staff services involved in providing support services to the Department Proper, field offices and attached agencies, which are as follows:

Chapter 4

OFFICES AND BUREAUS

Sec. 13. Office for Public Health Services. – The Office for Public Health Services, headed by an Undersecretary, shall include ten (10) staff services involved in policy formulation, standards development, programs development, and program monitoring of disease control and service delivery programs implemented by the field offices. The Undersecretary for Public Health Services, who shall be supported by an Assistant Secretary, shall supervise the following:

Chapter 5

FIELD OFFICES

Sec. 16. Office for National Field Operations. – The Office for National Field Operations, through an Executive Committee, shall supervise the operations of the various Regional Field Offices and the National Health Facilities, as enumerated in Section 17(3) and further described in Sections 18, 19 and 20 hereof.

Chapter 6

ATTACHED AGENCIES

Sec. 24. Attached Entities. - The Philippine Medical Care Commission and the Dangerous Drugs Board shall be attached to the Department and shall continue to operate and function in accordance with the law creating them, except as otherwise provided in this Code.

Title X

TRADE AND INDUSTRY

Chapter 1

GENERAL PROVISIONS

Sec. 1. Declaration of Policy. – The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. It recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.

Chapter 2

DEPARTMENT PROPER

 
Sec. 5. Office of the Secretary. – The Office of the Secretary shall consist of the Secretary, his immediate staff, the Undersecretary for Policy Planning and Support Services, and the Offices and Services directly supportive of the Office of the Secretary. The functions of the foregoing shall be as follows:

Chapter 3

OFFICE OF THE UNDERSECRETARY FOR DOMESTIC TRADE

 
Sec. 10. Office of the Undersecretary for Domestic Trade. – The Office of the Undersecretary for Domestic Trade shall include all the staff bureaus and services involved in policy formulation, standards development, regulatory, and service delivery programs pertinent to domestic trade and commerce being implemented by the Department’s line operating units. The Undersecretary for Domestic Trade shall supervise the following:

Chapter 4

OFFICE OF THE UNDERSECRETARY FOR INTERNATIONAL TRADE

 
Sec. 11. Office of the Undersecretary for International Trade. – The Office of the Undersecretary for International Trade shall include all the units involved in policy formulation, standards development, program monitoring of the development, regulatory, and service delivery programs of the Department pertinent to international trade and commerce being implemented by the Department’s line operating units. The Undersecretary for International Trade shall supervise the following:

Chapter 5

OFFICE OF THE UNDERSECRETARY FOR

INDUSTRY AND INVESTMENTS

 
Sec. 12. Office of the Undersecretary for Industry and Investments. – The Office of the Undersecretary for Industry and Investments shall supervise all agencies involved in the formulation and implementation of programs and projects pertinent to the development of domestic industries and the promotion of investments in activities or enterprises critical to the Department’s trade and industry development program.

Chapter 6

OFFICE OF THE UNDERSECRETARY FOR

REGIONAL OPERATIONS

 
Sec. 13. Office of the Undersecretary for Regional Operations. – The Office of the Undersecretary for Regional Operations shall exercise supervision and control over the Department’s Regional Offices, described in Section 9, par. 1 hereof. It shall be responsible for the field operations of the Department, ensuring full compliance with Department policies, rigorous implementation of Department and regulations, and proper implementation of Department plans and programs by the Regional Offices in their respective administrative jurisdictions.

Chapter 7

ATTACHED AGENCIES

 
Sec. 15. Line Corporate Agencies and Government Entities. – The following are the Line Corporate Agencies and Government Entities that will perform their specific regulatory functions, particular developmental responsibilities, and specialized business activities in a manner consonant with the Departments’ mandate, objectives, policies, plans, and programs:

Title XI

AGRARIAN REFORM

 Chapter 1

GENERAL PROVISIONS

 

Sec. 1. Declaration of Policy. – The State shall undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof.

Chapter 2

DEPARTMENT PROPER

 
Sec. 5. Office of the Secretary. – The Office of the Secretary shall consist of the Secretary and his immediate staff.


Chapter 3

DEPARTMENT SERVICES

 
Sec. 8. Management and Executive Services. – The Management and Executive Services shall have the following functions:

Chapter 4

BUREAUS

 
Sec. 13. Bureau of Agrarian Legal Assistance. – The Bureau of Agrarian Legal Assistance shall have the following functions:

Chapter 5

REGIONAL AND DISTRICT OFFICES

AND ATTACHED AGENCIES

 
Sec. 18. Regional Office. – The Regional Office shall be responsible for supporting the field units and supervising program implementation of the Department within the region. It shall:

Title XII

LOCAL GOVERNMENT

Chapter 1

GENERAL PROVISIONS

 
Sec. 1. Declaration of Policy. – The State shall ensure the autonomy of local governments. For this purpose, it shall provide for a more responsive and accountable local government structure instituted through a system of decentralization. The allocation of powers and resources to local government units shall be promoted, and inter-local government grouping, consolidation and coordination of resources shall be encouraged. The State shall guarantee the local government units their just share in national taxes and their equitable share in proceeds from the use of natural resources, and afford them a wider latitude for resources generation.


Chapter 2

DEPARTMENT PROPER

 
Sec. 5. Office of the Secretary. – The Office of the Secretary shall consist of the Secretary and his immediate staff.

Chapter 3

DEPARTMENT SERVICES

 
Sec. 7. Planning Service. – The Planning Service shall be responsible for providing the Department with efficient and effective services relating to planning, programming, research and statistics.

Chapter 4

BUREAUS AND OFFICES

 
Sec. 12. Bureau of Local Government Supervision. – The Bureau of Local Government Supervision, to be headed by a Bureau Director appointed by the President upon the recommendation of the Secretary, shall have the following functions:

Chapter 5

REGIONAL AND FIELD OFFICES

 
Sec. 18. Regional and Field Offices. – The Secretary is authorized to establish, operate and maintain one Regional Office in each of the administrative regions established by law. A Regional Office shall have, within its administrative region, the following functions:

Chapter 6

LEAGUES OF PROVINCES, CITIES AND MUNICIPALITIES

Sec. 19. Leagues of Provinces, Cities and Municipalities. – There is hereby created the Leagues of Provinces, Cities and Municipalities.


Title XIII

TOURISM

Chapter 1

GENERAL PROVISIONS

Sec. 1. Declaration of Policy. – The State shall promote, encourage and develop tourism as a major national activity in which private sector investment, effort and initiative are fostered and supported, and through which socio-economic development may be accelerated, foreign exchange earned, international visitors offered the opportunity to travel to the Philippines and appreciate its natural beauty, history and culture, and Filipinos themselves enabled to see more of their country and embued with greater pride in and commitment to the nation.

Chapter 2

DEPARTMENT PROPER

 
Sec. 5. Office of the Secretary. – The Office of the Secretary shall consist of the Secretary and his immediate staff.

Chapter 3

DEPARTMENT SERVICES

 
Sec. 7. Department Service Character and Head. – The Department Services shall be essentially staff in character, each of which shall be headed by a Service Chief.
 
Sec. 8. Financial and Management Service. – The Financial and Management Service shall provide the Department with staff advice and assistance on budgetary, financial and management matters and shall perform such other related functions as may be assigned or delegated to it by the Secretary.

Chapter 4

BUREAUS AND OFFICES

 
Sec. 11. Bureau and Office Character and Head. – The Bureaus and Offices shall be essentially staff in character, each of which shall be headed by a Staff Director.

Chapter 5

FOREIGN AND REGIONAL OFFICES

 
Sec. 19. Foreign Field Offices. – Subject to the approval of the President, the Department shall have foreign offices as may be necessary in the marketing and promotion of the Philippines as an international tourist destination, which shall oversee and implement the marketing and promotional programs of the Department.

Chapter 6

ATTACHED AGENCIES

 
Sec. 21. Attached Agencies. – The Philippine Tourism Authority, and Philippine Convention Bureau, Intramuros Administration, and National Parks Development Committee are hereby attached to the Department and shall continue to operate and function in accordance with the respective charters/laws/orders provided in this Code.

Title XIV

ENVIRONMENT AND NATURAL RESOURCES

Chapter 1

GENERAL PROVISIONS

Sec. 1. Declaration of Policy. – (1) The State shall ensure, for the benefit of the Filipino people, the full exploration and development as well as the judicious disposition, utilization, management, renewal and conservation of the country’s forest, mineral, land, waters, fisheries, wildlife, off-shore areas and other natural resources, consistent with the necessity of maintaining a sound ecological balance and protecting and enhancing the quality of the environment and the objective of making the exploration, development and utilization of such natural resources equitably accessible to the different segments of the present as well as future generations.

Chapter 2

THE DEPARTMENT PROPER

 
Sec. 6. Composition. – The Department Proper shall be composed of the Office of the Secretary, the Offices of the Undersecretaries and Assistant Secretaries, and the Public Affairs Office, Special Concerns Office, and the Pollution Adjudication Board.

Chapter 3

THE STAFF SECTORAL BUREAUS

Sec. 14. Forest Management Bureau. – The Forest Management Bureau shall be headed by a Director and assisted by an Assistant Director, and shall integrate and absorb the powers of the Bureau of Forest Development and the Wood Industry Development Authority which were abolished by Executive Order No. 131, except those line functions and powers thereof which are transferred to the regional field office.


Chapter 4

THE DEPARTMENT FIELD OFFICES

 
Sec. 20. Field Offices of the Department. – The Field offices of the Department are the Environmental and Natural Resources Regional Offices in the thirteen (13) administrative regions of the country; the Environment and Natural Resources Provincial Office in every province, and the Community Office in every municipality, whenever deemed necessary.

Chapter 5

ATTACHED AGENCIES AND CORPORATIONS

 
Sec. 23. Attached Agencies and Corporations. – The following agencies and corporations shall be attached to and under the administrative supervision of the Department:

Title XV

TRANSPORTATION AND COMMUNICATIONS

Chapter 1

GENERAL PROVISIONS

 
Sec. 1. Declaration of Policy. – The State is committed to the maintenance and expansion of viable, efficient, fast, safe and dependable transportation and communications systems as effective instruments for national recovery and economic progress. It shall not compete as a matter of policy with private enterprise and shall operate transportation and communications facilities only in those areas where private initiatives are inadequate or non-existent.

Chapter 2

DEPARTMENT PROPER

 
Sec. 5. Office of the Secretary. – The Office of the Secretary shall consist of the Secretary, his immediate staff, the Franchising Review Staff and the Investigation, Security and Law Enforcement Staff.

Chapter 3

DEPARTMENT SERVICES

 
Sec. 13. Department Services. – The Department Services shall include the following:

Chapter 4

REGIONAL OFFICES

 
Sec. 14. Regional Offices. – The Department shall have three (3) Regional Offices in each of the administrative regions of the country: the Regional Office for Land Transportation, the Regional Office for Telecommunications and the Regional Office for Postal Services. Each Regional Office shall be headed by a Regional Director to be assisted by an Assistant Regional Director.

Chapter 5

REGULATORY BOARD

Sec. 15. Land Transportation Franchising and Regulatory Board. – The quasi-judicial powers and functions with respect to land transportation shall be exercised through the Land Transportation and Regulatory Board, hereinafter referred to as the “Board”.

Chapter 6

ATTACHED AGENCIES

 
Sec. 23. Attached Agencies and Corporations. – The following agencies and corporations are attached to the Department: The Philippine National Railways, the Maritime Industry Authority, the Philippine National Lines, the Philippine Aerospace Development Corporation, the Metro Manila Transit Corporation, the Office of Transport Cooperatives, the Philippine Ports Authority, the Philippine Merchant Marine Academy, the Toll Regulatory Board, the Light Rail Transit Authority, the Transport Training Center, the Civil Aeronautics Board, the National Telecommunications Commission and the Manila International Airport Authority.

Title XVI

SOCIAL WELFARE AND DEVELOPMENT

Chapter 1

GENERAL PROVISIONS

 
Sec. 1. Declaration of Policy. – The State is committed to the care, protection, and rehabilitation of individuals, families and communities which have the least in life and need social welfare assistance and social work intervention to restore their normal functioning and enable them to participate in community affairs.

Chapter 2

DEPARTMENT PROPER

Sec. 5. Office of the Secretary. – The Office of the Secretary shall consist of the Secretary and the Secretary’s immediate staff, and the Public Affairs and Liaison Service.

Chapter 3

DEPARTMENT SERVICES

 Sec. 8. Services of the Department. – The Services listed in Section 7 (1) and (3) hereof and the public Affairs and Liaison Service shall respectively have the following functions:

Chapter 4

BUREAUS AND OFFICES

 
Sec. 9. Composition. – The Staff bureaus listed in Section 7 (2) hereof shall be essentially staff in character and as such shall exercise technical supervision over the Regional Offices; shall be primarily involved in the development of policies and programs within their respective functional specializations; and shall formulate and develop related policies, guidelines and standards necessary in guiding the Regional Offices in the proper implementation of such policies and programs.

Chapter 5

REGIONAL OFFICES

Sec. 12. Regional Office. – The Department is hereby authorized to establish, operate and maintain a Regional Office in each of the administrative regions of the country.

Chapter 6

PROVINCIAL/CITY OFFICES

Sec. 16. Provincial/City Office. – The Department is hereby authorized to establish, operate and maintain Provincial/City Offices throughout the country with jurisdiction over all municipalities/districts within the province. The Provincial/City Offices shall have the following functions:

Chapter 7

MUNICIPAL/DISTRICT OFFICES

Sec. 18. Municipal/District Office. – The Department is hereby authorized to establish, operate and maintain a Municipal/District Office to service a municipality or city district which shall be headed by the Supervising Social Welfare Officer and shall be primarily responsible for the efficient and effective implementation of the Department’s field programs in the municipality or city, under the supervision of the Provincial/City Office.

Chapter 8

ATTACHED AGENCIES

Sec. 19. Agencies Under Administrative Supervision and Attached Agencies. – The Population Commission Council for the Welfare of Children, National Nutrition Council and the National Council for the Welfare of Disabled Person and the agencies attached to the Department shall continue to operate and function in accordance with their respective charters or laws creating them, except as otherwise provided in this Code.

 Chapter 9

FUND DRIVES

Sec. 20. Solicitation. – Any person, corporation, organization, or association desiring to solicit or receive contribution for charitable or public welfare purposes shall first secure a permit from the Regional Offices of the Department. Upon the filing of a written application for a permit in the form prescribed by the Regional Offices of the Department, the Regional Director or his duly authorized representative may, in his discretion, issue a permanent or temporary permit or disapprove the application. In the interest of the public, he may in his discretion renew or revoke any permit issued under Act 4075.

Chapter 10

SOCIAL WELFARE AGENCIES AND SERVICES

Sec. 23. Social Welfare Services by Others. – Social welfare services by the Department shall be without prejudice to similar efforts by any local government unit or private agency, institution or group. All Department units shall actively promote and extend maximum assistance, including the provision of counterpart or supplementary funds and resources, upon approval by the Secretary, to such efforts.

Title XVII

BUDGET AND MANAGEMENT

Chapter 1

GENERAL PROVISIONS

 
Sec. 1. Declaration of Policy. – The national budget shall be formulated and implemented as an instrument of national development, reflective of national objectives and plans; supportive of and consistent with the socio-economic development plans and oriented towards the achievement of explicit objectives and expected results, to ensure that the utilization of funds and operations of government entities are conducted effectively; formulated within the context of a regionalized governmental structure and within the totality of revenues and other receipts, expenditures and borrowings of all levels of government and of government-owned or controlled corporations; and prepared within the context of the national long-term plans and budget programs of the Government.

Chapter 2

DEPARTMENT PROPER

Sec. 4. Office of the Secretary. – The Office of the Secretary shall consist of his immediate staff, the Budget Control Staff, Research Staff, a Regional Coordination Staff for Luzon, and a Regional Coordination Staff for Visayas and Mindanao.

Chapter 3

DEPARTMENT SERVICES

 
Sec. 7. Management Services Office. – The Management Services Office shall consist of the following bureaus:

Chapter 4

BUREAUS

 
Sec. 10. The Budget Operations Office. – The Budget Operations Office shall review and analyze the work and financial flows, the budgetary proposals of national and local government agencies and corporations, check each agency’s compliance with the budgetary policies and project priorities, determine the budgetary implications of foreign assisted projects from the time of project design to the negotiation for financial assistance, prepare recommendations for fund releases, formulate and implement fiscal policies and plans for budget preparation and control, and conduct studies on economic trends and factors affecting government revenues, expenditures and borrowings. It shall consist of the following Bureaus:

Title XVIII

SCIENCE AND TECHNOLOGY

Chapter 1

GENERAL PROVISIONS

Sec. 1. Declaration of Policy. – The State shall:

Chapter 2

DEPARTMENT PROPER

 
Sec. 5. Office of the Secretary. – The Office of the Secretary shall consist of the Secretary and his immediate staff.

Chapter 3

SERVICES

Sec. 8. Services. – The Services of the Department shall consist of the following:

Chapter 4

BOARD, COUNCILS AND INSTITUTES

 
Sec. 9. Inter-Council Review Board. – There shall be an Inter-Council Review Board, composed of the Secretaries or their designated Undersecretaries who are members of the sectoral planning councils under Sections 10, 11, 12, 13, 14, and 15, and shall be chaired by the Secretary of Science and Technology.

Chapter 5

REGIONAL OFFICES

 
Sec. 28. Regional Offices.- The Department is authorized to establish, operate and maintain a Regional Office, whenever appropriate, in each of the administrative regions of the country, to be headed by a Regional Director who shall report and be subject to the supervision of, the Undersecretary for Regional Operations. A Regional Office shall have, within its administrative region, the following functions:

Chapter 6

ATTACHED AGENCIES

 
Sec. 30. Attached Agencies. – The following agencies shall be attached to the Department: the Philippine National Science Society, the National Academy of Science and Technology, the Philippine Science High School, and the Metals Industry Research and Development Center.

    The Center shall have the powers and functions assigned to it by law. 

 

BOOK V

Title I

CONSTITUTIONAL COMMISSIONS

Subtitle A

CIVIL SERVICE COMMISSION

 

Chapter 1

GENERAL PROVISIONS

Sec. 1. Declaration of Policy. – The State shall insure and promote the Constitutional mandate that appointments in the Civil Service shall be made only according to merit and fitness; that the Civil Service Commission, as the central personnel agency of the Government shall establish a career service, adopt measures to promote morale, efficiency, integrity, responsiveness, and courtesy in the civil service, strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability; that public office is a public trust and public officers and employees must at all times be accountable to the people; and that personnel functions shall be decentralized, delegating the corresponding authority to the departments, offices and agencies where such functions can be effectively performed.

Chapter 2

COVERAGE OF THE CIVIL SERVICE

Sec. 6. Scope of the Civil Service. – (1) The Civil Service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters.

Chapter 3

ORGANIZATION AND FUNCTIONS

OF THE CIVIL SERVICE COMMISSION

Sec. 10. Composition. – The Commission shall be composed of a Chairman and two Commissioners who shall be natural born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment.

Chapter 4

INTERDEPARTMENT RELATIONS

Sec. 18. Civil Service Assistance to Department and Agencies. – Each Secretary or head of office, agency, government-owned or controlled corporation with original charter and local government shall be responsible for personnel administration in his office which shall be in accordance with the provision relating to civil service embodied in the Constitution, this Title and the rules, principles, standards, guidelines and regulations established by the Commission. The Civil Service Commission shall, whenever it deems it in the interest of the public service, organize in each department, office, agency, government-owned or controlled corporation, and provincial and city government a Civil Service Staff which shall be headed by an officer of the Commission. The necessary staff personnel and office facilities and equipment shall be provided by the department, government-owned or controlled corporation or local government where the staff is established but the Commission may augment these with its own. The Staff shall serve as the principal liaison between the Civil Service and Department concerned and shall perform the following specific functions and those functions which may hereafter be assigned to it by the Commission.

Chapter 5

PERSONNEL POLICIES AND STANDARDS

Sec. 21. Recruitment and Selection of Employees. - (1) Opportunity for government employment shall be open to all qualified citizens and positive efforts shall be exerted to attract the best qualified to enter the service. Employees shall be selected on the basis of fitness to perform the duties and assume the responsibilities of the positions.

Chapter 6

RIGHT TO SELF-ORGANIZATION

Sec. 38. Coverage. - (1) All government employees, including those in government-owned or controlled corporations with original charters, can form, join or assist employees’ organizations of their own choosing for the furtherance and protection of their interests. They can also form, in conjunction with appropriate government authorities, labor-management committees, work councils and other forms of workers’ participation schemes to achieve the same objectives.

Chapter 7

PROHIBITIONS

Sec. 54. Limitation on Appointment. – (1) No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.

Chapter 8

LEAVE OF ABSENCE

Sec. 60. Leave of Absence. – Officers and employees in the Civil Service shall be entitled to leave of absence, with or without pay, as may be provided by law and the rules and regulations of the Civil Service Commission in the interest of the service.

Chapter 9

MISCELLANEOUS PROVISIONS

Sec. 61. Examining Committee, Special Examiners and Special Investigators. – Subject to approval by the proper head of a department or agency, the Commission may select suitable persons in the government service to act as members of examining committees, special examiners or special investigators. Such persons shall be designated examiners or investigators of the Commission and shall perform such duties as the Commission may require, and in the performance of such duties they shall be under its exclusive control. Examining committees, special examiners or special investigators so designated may be given allowances or per diems for their services, to be paid out of the funds of, and at a rate to be determined by, the Commission.

Subtitle B

THE COMMISSION ON AUDIT

 Chapter 1

GENERAL PROVISIONS

Sec. 1. Declaration of Policy.- All resources of the government shall be managed, expended or utilized in accordance with law and regulations and safeguarded against loss or wastage through illegal or improper disposition to ensure efficiency, economy and effectiveness in the operations of government. The responsibility to take care that such policy is faithfully adhered to rests directly with the chief or head of the government agency concerned.

Chapter 2

ORGANIZATION OF THE COMMISSION ON AUDIT

Sec. 3. The Commission Proper. – The Commission Proper shall be composed of the Chairman and two Commissioners. It shall sit as a body to formulate policies, promulgate rules and regulations, and prescribe standards governing the discharge of its powers and functions.

Chapter 3

OFFICES

Sec. 7. Central Offices. – The Commission shall have the following central offices:

Chapter 4

JURISDICTION, POWERS AND FUNCTIONS OF THE COMMISSION

Sec. 10. Statement of Objectives. – In keeping with the constitutional mandate, the Commission adheres to the following objectives:

Chapter 5

DECISIONS OF THE COMMISSION

Sec. 33. Appeal from Decision of Auditors. – Any person aggrieved by the decision of an auditor of any government agency in the settlement of an account or claim may, within six (6) months from receipts of a copy thereof, appeal in writing to the Commission.

Chapter 6

GOVERNMENT AUDITING AND ACCOUNTING

Sec. 38. Definition of Government Auditing. – Government auditing is the analytical and systematic examination and verification of financial transactions, operations, accounts and reports of any government agency for the purpose of determining their accuracy, integrity and authenticity, and satisfying the requirements of law, rules and regulations.

Chapter 7

RECEIPT AND DISPOSITION OF FUNDS AND PROPERTY

Sec. 42. Accounting for Money and Property Received by Public Officials. – Except as may otherwise be specifically provided by law or competent authority, all moneys and property officially received by a public officer in any capacity or upon any occasion must be accounted for as government funds and government property. Government property shall be taken up in the books of the agency concerned at acquisition cost or an appraised value.

Chapter 8

APPLICATION OF APPROPRIATED FUNDS

Sec. 45. Disbursement of Government Funds. – (1) Revenue funds shall not be paid out of any public treasury or depository except in pursuance of an appropriation law or other specific statutory authority;

Chapter 9

ACCOUNTABILITY AND RESPONSIBILITY

FOR GOVERNMENT FUNDS AND PROPERTY

 Sec. 50. Accountable Officers; Board Requirements. – (1) Every officer of any government agency whose duties permit or require the possession or custody government funds shall be accountable therefor and for safekeeping thereof in conformity with law; and

Chapter 10

MISCELLANEOUS PROVISIONS

Sec. 54. Duty to Respect the Commission’s Independence. – It shall be the duty of every person to respect, protect and preserve the independence of the Commission.

Subtitle C

COMMISSION ON ELECTIONS

Chapter 1

GENERAL PROVISIONS

Sec. 1. Declaration of Policy. – The State shall at all times ensure free, orderly, honest, peaceful and credible elections under a free and open party system which shall be allowed to evolve according to the free choice of the people subject to the provisions of Article IX-C of the 1987 Constitution of the Philippines.

Chapter 2

THE COMMISSION PROPER

Sec. 4. Composition and Qualifications. – There shall be a Commission on Elections composed of a Chairman and six (6) Commissioners who shall be natural born citizens of the Philippines and, at the time of their appointment, at least thirty-five (35) years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten (10) years.

Chapter 3

THE FIELD OFFICES

Sec. 11. Field Office of the Commission. - The Commission shall have the following field offices:

Title II

OTHER BODIES

Subtitle A

COMMISSION ON HUMAN RIGHTS

Sec. 1. Composition and Qualification. – The Commission on Human Rights shall be composed of a Chairman and four (4) Members who must be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, and must not have been candidates for any elective position in the elections immediately preceding their appointment. However, a majority thereof shall be members of the Philippine Bar.

Subtitle B

OFFICE OF THE OMBUDSMAN

Sec. 1. Composition. – (1) The Office of the Ombudsman shall be headed by the Ombudsman, to be known as the Tanod-bayan, who shall be assisted by one overall Deputy and at least by one Deputy each for Luzon, Visayas and Mindanao. A separate Deputy for the military establishment may likewise be appointed.

Subtitle C

THE NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY

Chapter 1

GENERAL PROVISIONS

Sec. 1. Declaration of Policy. – The State shall ensure that all socio-economic programs and activities of the government shall be programmed within the context of well-formulated and consistent long, medium, and short-term development plans and policies to promote both the growth of the economy and the equitable distribution of the benefits of such growth to the members of society. To this end, it is recognized that the formulation of the required socio-economic development policies and plans is a vital process that calls for the participation of the various government agencies and private sector institutions and individuals concerned, both on national, regional, and local levels. This process of policy and plan formulation, however needs to be coordinated closely by a central government agency to ensure consistency of these plans and policies and optimal use of the nation’s scarce resources.

Chapter 2

NEDA BOARD

Sec. 5. Composition of the NEDA Board. – The NEDA Board shall be composed of the following:

Chapter 3

NEDA SECRETARIAT

Sec. 8. The NEDA Secretariat. – The Secretariat of NEDA shall have the following functions:

Chapter 4

ATTACHED AGENCIES

Sec. 16. Retained Agencies. – The following agencies, currently attached to the Authority, shall continue to be so attached for purposes of supervision;

    (1) Philippine Institute for Development Studies:

    (2) Philippine National Volunteer Service Coordinating

    Agency; and

    (3) Tariff Commission.

    The Authority shall arrange for the transfer of the functions of the following agencies to the Regional Development Councils concerned or other agencies as may be appropriate:

    (1) Kalinga Special Development Region;

    (2) Laguna Lake Development Authority;

    (3) Leyte Sab-A Basin Development Authority.

    The National Council for integrated Area Development (NACIAD) and the Central Visayas Regional Projects Office (CVRPO) are hereby transferred to the Authority which shall, within one (1) year from the date of effectivity of this Code, recommend their transfer to the appropriate department in conjunction with the Department of Budget and Management. The Authority shall further review the functions and activities of all other Integrated Area Development programs and projects and any other programs requiring multi-sectoral and/or multi-disciplinary approaches in order to recommend the appropriate disposition and supervision of the same.

    The Authority shall furthermore review the mandate, objectives and functions of all development authorities in order to recommend such dispositions or revisions of their charters, as may be deemed advisable.

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