Article 14p. 14

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

(3) Whenever necessary, Assistant Secretary position or

positions may be created to form part of the Department

proper; and

(4) In the absence of special provisions, the major staff

units of each department shall be the services which shall

include:

the

Planning

Service,

the

Financial

and

Management Service, the Administrative Service, and

when necessary, the Technical and Legal Services.

SECTION

4.

Jurisdiction

over

Bureaus,

Offices,

Regulatory Agencies and Government Corporations . —

Each Department shall have jurisdiction over bureaus,

offices, regulatory agencies, and government-owned or

controlled

corporations

assigned

to

it

by

law,

in

accordance with the applicable relationship as defined in

Chapters 7, 8, and 9 of this Book.

SECTION 5. Assignment of Offices and Agencies . —

The President shall, by executive order, assign offices and

agencies

not

otherwise

assigned

by

law

to

any

department,

or

indicate

to

which

department

a

government corporation or board may be attached.

CHAPTER 2 Secretaries, Undersecretaries, and Assistant

Secretaries

SECTION

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.

SECTION 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;

(2)

Establish

the

policies

and

standards

for

the

operation of the Department pursuant to the approved

programs of government;

(3) Promulgate rules and regulations necessary to

carry out department objectives, policies, functions, plans,

programs and projects;

(4) Promulgate administrative issuances necessary for

the efficient administration of the offices under the

Secretary and for proper execution of the laws relative

thereto. These issuances shall not prescribe penalties for

their violation, except when expressly authorized by law;

(5)

Exercise

disciplinary

powers

over

officers and

employees under the Secretary in accordance with law,

including their investigation and the designation of a

committee or officer to conduct such investigation;

(6)

Appoint

all

officers

and

employees

of

the

Department

except

those

whose

appointments

are

vested in the President or in some other appointing

authority; Provided, However , that where the Department

is regionalized on a department-wide basis, the Secretary

shall appoint employees to positions in the second level

in the regional offices as defined in this Code;

(7)

Exercise

jurisdiction

over

all

bureaus,

offices,

agencies and corporations under the Department as are

provided by law, and in accordance with the applicable

relationships as specified in Chapters 7, 8, and 9 of this

Book;

(8) Delegate authority to officers and employees under

the Secretary's direction in accordance with this Code;

and

(9) Perform such other functions as may be provided

by law.

SECTION 8. Submission of Performance Evaluation

Reports . — The Secretary shall formulate and enforce a

system of measuring and evaluating periodically and

objectively the performance of the Department and

submit the same annually to the President.

SECTION 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.

SECTION

10.

Powers

and

Duties

of

the

Undersecretary . — The Undersecretary shall:

(1) Advise and assist the Secretary in the formulation

and

implementation

of

department

objectives

and

policies;

(2)

Oversee

all

the

operational

activities

of

the

department for which he shall be responsible to the

Secretary;

(3)

Coordinate

the programs and projects of the

department

and

be

responsible

for

its

economical,

efficient and effective administration;

(4) Serve as deputy to the Secretary in all matters

relating to the operations of the department;

(5) Temporarily discharge the duties of the Secretary in

the latter's absence or inability to discharge his duties for

any cause or in case of vacancy of the said office, unless

otherwise provided by law. Where there are more than

one

Undersecretary,

the

Secretary shall allocate the

foregoing powers and duties among them. The President

shall likewise make the temporary designation of Acting

Secretary from among them; and

(6) Perform such other functions and duties as may be

provided by law.

SECTION 11. Duties and Functions of the Assistant

Secretary . — The Assistant Secretary shall perform such

duties and functions as may be provided by law or

assigned to him by the Secretary.

CHAPTER 3 Department Services

SECTION

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.

SECTION 13. Planning Service . — The Planning Service

shall provide the department with economical, efficient

and effective services relating to planning, programming,

and project development, and discharge such other

functions as may be provided by law. Where the work of

the department does not call for substantial planning

and

programming,

the

Planning

Service

shall

be

constituted as a single unit without subdivisions. Where

substantial primary data-gathering is essential to the

operations of the department, a statistical unit may be

constituted as part of a technical service.

SECTION 14. Financial and Management Services . —

The Financial and Management Services shall advise and

assist

the

Secretary

on

budgetary,

financial

and

management

matters and shall perform such other

functions as may be provided by law.

SECTION

15.

Administrative

Service .

—

The

Administrative Service shall provide the Department with

economical, efficient and effective services relating to

personnel, legal assistance, information, records, delivery

and

receipt

of correspondence, supplies, equipment,

collections, disbursement, security and custodial work. It

shall

also

perform such other functions as may be

provided by law.

SECTION

16.

Technical

Service .

—

Whenever

necessary,

one

or

more

technical

services

shall

be

established to take charge of technical staff activities

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