Article 100p. 100

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

report

of

such

appointment

shall

be

made to the

Commission.

The restriction mentioned in subsection (1) shall not be

applicable to the case of a member of any family who,

after his or her appointment to any position in an office or

bureau, contracts marriage with someone in the same

office or bureau, in which event the employment or

retention therein of both husband and wife may be

allowed.

(3)

In

order

to

give

immediate

effect

to

these

provisions, cases of previous appointments which are in

contravention hereof shall be corrected by transfer, and

pending such transfer, no promotion or salary increase

shall be allowed in favor of the relative or relatives who

were appointed in violation of these provisions.

CHAPTER 9 Leave of Absence

SECTION

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 10 Miscellaneous Provisions

SECTION

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

person

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.

SECTION 62. Fees . — The Commission shall collect and

charge fees for civil service examinations, certifications of

civil service ratings, service records, and other civil service

matters,

training

courses,

seminars,

workshops

in

personnel management and other civil service matters.

For

this

purpose,

the

Commission

shall

prescribe

standard and reasonable rates for such examinations,

certifications, training courses, seminars, and workshops:

Provided , That no examination fees shall be collected in

examinations given for the selection of scholars.

SECTION

63.

Income .

—

The

income

of

the

Commission from fees, costs for services it may assess

and levy, and such other proceeds generated in the

performance of its functions shall be directly utilized by

the Commission for its expenses.

SECTION 64. Authority of Officers to Administer

Oaths, Take Testimony, Prosecute and Defend Cases in

Court . — Members of the Commission, chiefs of offices,

and other officers and employees of the Commission

designated in writing by the Chairman may administer

such oath as may be necessary in the transactions of

official business and administer oaths and take testimony

in

connection

with

any

authorized

investigation.

Attorneys of the Commission may prosecute and defend

cases

in

connection

with

the

functions

of

the

Commission before any court or tribunal.

SECTION 65. Liability of Appointing Authority . — No

person employed in the Civil Service in violation of the

Civil Service Law and rules shall be entitled to receive pay

from

the

government; but the appointing authority

responsible

for

such

unlawful

employment

shall be

personally liable for the pay that would have accrued had

the employment been lawful, and the disbursing officials

shall make payment to the employee of such amount

from the salary of the officers so liable.

SECTION 66. Liability of Disbursing Officers . — Except

as may otherwise be provided by law, it shall be unlawful

for a treasurer or other fiscal officer to draw or retain from

the salary due an officer or employee any amount for

contribution or payment of obligations other than those

due the government or its instrumentalities.

SECTION 67. Penal Provision . — Whoever makes any

appointment or employs any person in violation of any

provision of this Title or the rules made thereunder or

whoever

commits

fraud,

deceit

or

intentional

misrepresentation of material facts concerning other civil

service matters, or whoever violates, refuses or neglects to

comply with any of such provisions or rules, shall upon

conviction be punished by a fine not exceeding one

thousand pesos or by imprisonment not exceeding six (6)

months, or both such fine and imprisonment in the

discretion of the court.

SUBTITLE B The Commission on Audit

CHAPTER 1 General Provisions

SECTION 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.

SECTION 2. Definition of Terms . — Unless the context

otherwise requires, when used in this Title:

(1) "Fund" is a sum of money or other resources set

aside for the purpose of carrying out specific activities or

attaining certain objectives in accordance with special

regulations, restrictions, or limitations, and constitutes an

independent fiscal and accounting entity.

(2) "Government funds" includes public moneys of

every sort and other resources pertaining to any agency

of the Government.

(3) "Revenue funds" comprises all funds deprived from

the income of any agency of the Government and

available for appropriation or expenditure in accordance

with law.

(4) "Trust funds" refers to funds which have come

officially

into

the

possession

of

any

agency

of the

Government or of a public officer as trustee, agent, or

administrator,

or

which

have been received for the

fulfillment of some obligation.

(5) "Depository funds" comprises funds over which the

officer accountable therefor may retain control for the

lawful purposes for which they came into his possession.

It embraces moneys in any and all depositories.

(6)

"Depository"

refers

to

any financial institution

lawfully authorized to receive government moneys upon

deposit.

(7) "Resources" refers to the actual assets of any

agency of the Government such as cash, instruments

representing or convertible to money, receivables, lands,

buildings, as well as contingent assets, such as estimated

revenues

applying

to

the

current

fiscal

period

not

accrued or collected, and bonds authorized and unissued.

(8)

"Government

agency"

or

"agency

of

the

government,"

or

"agency" refers to any department,

bureaus or office of the National Government, or any of its

branches

and

instrumentalities,

or

any

political

subdivision,

as

well

as

any

government-owned

or

controlled corporation, including its subsidiaries, or other

self-governing board or commission of the Government.

© Compiled by RGL

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