Article 122p. 122

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

one (1) month except upon the approval of the head of

department and, in case his temporary stay in any one

place exceeds three (3) months, payment of per diems in

excess of three (3) months shall be made only upon the

previous approval of the Secretary.

SECTION 74. Transportation of Members of Family of

an Employee Transferred from One Station to Another .

— Whenever, due to the exigencies of the service and not

at his own request, an official or employee is transferred

from one station to another, said official or employee and

his spouse and children below twenty-one years of age

shall

be

entitled

to

transportation

and

freight

for

reasonable

and

necessary

baggage

and

household

effects, at the expense of the Government, to be paid

from the appropriation for traveling expenses of the

bureau or office concerned.

SECTION

75.

Purchase,

Use,

Operation

and

Maintenance of Motor Transport Equipment . — No

appropriation for equipment authorized in the General

Appropriations Act shall be used directly or indirectly for

the

purchase

of

automobiles,

jeeps,

jitneys,

station

wagons,

motorcycles,

trucks,

launches,

speed-boats,

airplanes, helicopters and other types of motor transport

equipment unless otherwise specifically authorized by

the President.

All

departments,

bureaus,

offices

and

agencies

authorized

to

purchase

motor

transport

equipment

including those acquired through donations, gifts or

gratuitous title are likewise authorized to use, operate

and maintain them for purposes of carrying out the

official functions and activities of the agency. These

motor vehicles shall be used strictly for official business,

bear government plates only, and after office hours to be

kept in garage provided therefor by the office or agency

to which they belong, except, when in use for official

business outside office hours. The President, however,

may

authorize

exceptions

from

these

provisions for

officials of government who work under extended hours

or whose activities call for special security arrangements.

Any violation of the provisions of this section shall subject

the

erring

official

or

employee

to

administrative

disciplinary action and he shall be personally liable for any

loss or damage caused to the government or third

persons.

The

Commission

on

Audit

shall

issue

rules

and

regulations

governing

the

use,

operation

and

maintenance of government motor transport equipment.

SECTION 76. Limitation of Rental of Motor Vehicles .

—

No

appropriations

authorized

in

the

General

Appropriations

Act

shall

be used for renting motor

transport equipment for a continuous period of more

than fifteen days, except as may be authorized by the

Secretary.

SECTION 77. Limitation of Purchase of Supplies,

Materials, and Equipment Spare Parts . — Except as

otherwise provided in the General Appropriations Act, the

stock on hand of supplies, materials and equipment spare

parts,

acquired

through

ordinary

and

emergency

purchase, shall at no time exceed normal three-month

requirements,

subject

to

the

pertinent

rules

and

regulations issued by competent authority: Provided , That

department heads may approve the build-up of stocks on

hand of critical supplies and materials, in anticipation of

cost increases or requirements of a national emergency,

and specifying maximum quantities of individual items,

but in no case shall these stocks exceed more than one

year's supply, unless otherwise approved by the President.

SECTION

78.

Purchase

of

Locally

Manufactured

Products .

—

All

appropriations

for

the purchase of

equipment, supplies and materials authorized in the

General Appropriations Act shall be available only for

locally

manufactured

equipment;

parts,

accessories,

medicines and drugs, supplies and materials, except

when none is available in the market or when the price of

the

locally

manufactured

article

exceed

those

determined by the Flag Law.

SECTION 79. Availability of Appropriations for Rental

of

Building

and

Grounds .

—

Any

appropriation

authorized in any Act for rental of buildings and grounds

for any department, bureau, office or agency shall be

available for expenditure only when authorized by the

department head concerned. Such appropriation may

also be used for lease-purchase arrangements.

With the concurrence of the Secretary of Budget and

Management and the Secretary of Finance, the head of

the department may contract with any government

financial institution for loans intended for the acquisition

of land for the construction of an office building for any of

the agencies under the department. Annual amortization

of the loans shall be taken from the appropriation for

rental authorized under any Act for the department,

bureau or office concerned.

SECTION

80.

Misuse

of

Government Funds and

Property . — Any public official or employee who shall

apply

any

government

fund

or

property

under

his

administration or control to any use other than for which

such fund or property is appropriated by laws, shall suffer

the penalty imposed under the appropriate penal laws.

BOOK VII Administrative Procedure

CHAPTER 1 General Provisions

SECTION 1. Scope . — This Book shall be applicable to

all agencies as defined in the next succeeding section,

except the Congress, the Judiciary, the Constitutional

Commissions,

military

establishments

in

all

matters

relating exclusively to Armed Forces personnel, the Board

of Pardons and Parole, and state universities and colleges.

SECTION 2. Definitions . — As used in this Book:

(1) "Agency" includes any department, bureau, office,

commission,

authority

or

officer

of

the

National

Government authorized by law or executive order to

make rules, issue licenses, grant rights or privileges, and

adjudicate cases; research institutions with respect to

licensing

functions;

government

corporations

with

respect to functions regulating private right, privileges,

occupation or business; and officials in the exercise of

disciplinary power as provided by law.

(2) "Rule" means any agency statement of general

applicability that implements or interprets a law, fixes

and

describes

the

procedures

in,

or

practice

requirements of, an agency, including its regulations. The

term includes memoranda or statements concerning the

internal administration or management of an agency not

affecting the rights of, or procedure available to, the

public.

(3) "Rate" means any charge to the public for a service

open to all and upon the same terms, including individual

or joint rates, tolls, classifications, or schedules thereof, as

well as commutation, mileage, kilometerage and other

special rates which shall be imposed by law or regulation

to be observed and followed by any person.

(4) "Rule making" means an agency process for the

formulation, amendment, or repeal of a rule.

(5) "Contested case" means any proceeding, including

licensing, in which the legal rights, duties or privileges

asserted

by

specific

parties

as

required

by

the

Constitution or by law are to be determined after hearing.

(6)

"Person"

includes

an

individual,

partnership,

corporation, association, public or private organization of

any character other than an agency.

(7) "Party" includes a person or agency named or

admitted as a party, or properly seeking and entitled as of

right to be admitted as a party, in any agency proceeding;

but nothing herein shall be construed to prevent an

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