Administrative Code and Law of Public Officers
Administrative Code and Law of Public Officers
Answer First
Primary Text
ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES
and Bar Council for every vacancy. Such appointments
need no confirmation.
For the lower courts, the President shall issue the
appointments
within
ninety
(90)
days
from
the
submission of the list.
SECTION
23.
Prohibition
Against
Performing
Quasi-Judicial
or
Administrative
Functions .
—
The
Members of the Supreme Court and of other courts
established by law shall not be designated to any agency
performing quasi-judicial or administrative functions.
CHAPTER 5 Constitutional Commissions
SECTION
24. Constitutional Commissions . — The
Constitutional Commissions, which shall be independent,
are the Civil Service Commission, the Commission on
Elections, and the Commission on Audit.
SECTION
25.
Inhibitions
Against
Constitutional
Commissioners .
—
No
member
of
a
Constitutional
Commission shall, during his tenure, hold any other office
or employment. Neither shall he engage in the practice of
any profession or in the active management or control of
any business which in anyway may be affected by the
functions
of
his
office,
nor
shall
he
be
financially
interested, directly or indirectly, in any contract with, or in
any franchise or privilege granted by the Government,
any of its subdivisions, agencies, or instrumentalities,
including government-owned or controlled corporations
or their subsidiaries.
SECTION 26. Fiscal Autonomy . — The Constitutional
Commissions shall enjoy fiscal autonomy. The approved
annual
appropriations
shall
be
automatically
and
regularly released.
SECTION
27.
Promulgation
of
Rules .
—
Each
Commission en banc may promulgate its own rules
concerning pleadings and practice before it or before any
of its offices. Such rules however shall not diminish,
increase, or modify substantive rights.
SECTION
28.
Decisions
by
the
Constitutional
Commissions .— Each Commission shall decide, by a
majority vote of all its Members, any case or matter
brought before it within sixty (60) days from the date of
its submission for decision or resolution. A case or matter
is deemed submitted for decision or resolution upon the
filing of the last pleading, brief, or memorandum required
by the rules of the Commission or by the Commission
itself. Unless otherwise provided by the Constitution or by
law, any decision, order, or ruling of each Commission
may be brought to the Supreme Court on certiorari by
the aggrieved party within thirty (30) days from receipt of
a copy thereof.
CHAPTER 6 Other Bodies
SECTION
29.
Other Bodies . — There shall be in
accordance
with
the
Constitution,
an
Office
of the
Ombudsman,
a
Commission
on
Human
Rights,
an
independent central monetary authority, and a national
police
commission.
Likewise,
as
provided
in
the
Constitution, Congress may establish an independent
economic and planning agency.
BOOK III Office of the President
TITLE I Powers of the President
CHAPTER 1 Power of Control
SECTION 1. Power of Control . — The President shall
have control of all the executive departments, bureaus,
and offices. He shall ensure that the laws be faithfully
executed.
CHAPTER 2 Ordinance Power
SECTION 2. Executive Orders . — Acts of the President
providing for rules of a general or permanent character in
implementation
or
execution
of
constitutional
or
statutory
powers
shall
be
promulgated in executive
orders .
SECTION 3. Administrative Orders . — Acts of the
President
which
relate
to
particular
aspects
of
governmental operations in pursuance of his duties as
administrative
head
shall
be
promulgated
in
administrative orders .
SECTION 4. Proclamations . — Acts of the President
fixing a date or declaring a status or condition of public
moment or interest, upon the existence of which the
operation of a specific law or regulation is made to
depend, shall be promulgated in proclamations which
shall have the force of an executive order.
SECTION 5. Memorandum Orders . — Acts of the
President
on
matters
of
administrative
detail
or
of
subordinate or temporary interest which only concern a
particular officer or office of the Government shall be
embodied in memorandum orders .
SECTION 6. Memorandum Circulars . — Acts of the
President on matters relating to internal administration,
which the President desires to bring to the attention of all
or some of the departments, agencies, bureaus or offices
of the Government, for information or compliance, shall
be embodied in memorandum circulars .
SECTION 7. General or Special Orders . — Acts and
commands
of
the
President
in
his
capacity
as
Commander-in-Chief
of
the
Armed
Forces
of
the
Philippines shall be issued as general or special orders .
CHAPTER 3 Power Over Aliens
SECTION 8. Power to Deport . — The President shall
have
the
power
to
deport
aliens
subject
to
the
requirements of due process.
SECTION 9. Power to Change Non-Immigrant Status
of Aliens . — The President, subject to the provisions of
law,
shall
have the power to change the status of
non-immigrants by allowing them to acquire permanent
residence status without necessity of visa.
SECTION 10. Power to Countermand Decisions of the
Board of Commissioners of the Bureau of Immigration .
— The decision of the Board of Commissioners which has
jurisdiction over all deportation cases shall become final
and executory after thirty (30) days from promulgation,
unless within such period the President shall order the
contrary.
SECTION 11. Power over Aliens under the General
Principles of International Law . — The President shall
exercise with respect to aliens in the Philippines such
powers as are recognized by the generally accepted
principles of international law.
CHAPTER 4 Powers of Eminent Domain, Escheat, Land
Reservation and Recovery of Ill-gotten Wealth
SECTION
12.
Power
of Eminent Domain . — The
President
shall
determine
when
it
is
necessary
or
advantageous to exercise the power of eminent domain
in behalf of the National Government, and direct the
Solicitor
General,
whenever
he
deems
the
action
advisable, to institute expropriation proceedings in the
proper court.
SECTION 13. Power to Direct Escheat or Reversion
Proceedings . — The President shall direct the Solicitor
General to institute escheat or reversion proceedings over
all lands transferred or assigned to persons disqualified
under the Constitution to acquire land.
© Compiled by RGL
11 of 162
Use With Care
Definitions and exceptions often appear before or after this text.
Court decisions may interpret, limit, or apply this provision.
Confirm amendment, repeal, effectivity, and official publication.