Article 18p. 18

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

undertake

bureau

operations

within

their respective

jurisdictions, and be directly responsible to their bureau

director.

CHAPTER 9 Relationships of Government-Owned or

Controlled Corporations and Regulatory Agencies to the

Department

SECTION

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.

In

order

to

fully

protect

the

interests

of

the

government

in

government-owned

or

controlled

corporations, at least one-third (1/3) of the members of

the Boards of such corporations should either be a

Secretary, or Undersecretary, or Assistant Secretary.

SECTION 43. Regulatory Agencies . — (1) A regulatory

agency shall be subject to the administrative supervision

of the department under which they are placed, except

when they are government corporations in which case

they shall be governed by the provisions of the preceding

section;

(2) The heads of regulatory agencies shall submit

annually, for the approval of the Secretary concerned,

their budgets and work plans which shall be the basis of

their day-to-day operations; and

(3) The regulatory agencies may avail themselves of

the common auxiliary and management services of the

department as may be convenient and economical for

their operations.

CHAPTER 10 Appointments and Qualifications

SECTION 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.

SECTION 45. Qualifications of Secretaries . — The

Secretaries shall be citizens of the Philippines and not less

than twenty-five years of age.

SECTION 46. Appointment of Undersecretaries and

Assistant

Secretaries .

—

The

Undersecretaries

and

Assistant

Secretaries

of

Department shall, upon the

nomination

of

the

Secretary

of

the

Department

concerned, be appointed by the President.

SECTION 47. Appointment to other Senior Positions

and

their

Equivalents .

—

Directors

and

Assistant

Directors of Bureaus, Regional and Assistant Regional

Directors,

Department

Service

Chiefs,

and

their

Equivalents

shall

be

appointed

by

the President in

accordance with law, rules and regulations.

SECTION 48. Disqualification of the Spouse and

Relatives of the President . — The spouse and relatives by

consanguinity or affinity within the fourth civil degree of

the President shall not during his tenure be appointed as

Secretaries,

Undersecretaries,

Chairmen

or

heads

of

bureaus

or

offices

including

government-owned

or

controlled corporations and their subsidiaries.

SECTION 49. Inhibitions Against Holding More than

Two Positions . — Even if allowed by law or by the primary

functions of his position, a member of the Cabinet,

undersecretary, assistant secretary or other appointive

official of the Executive Department may, in addition to

his primary position, hold not more than two positions in

the government and government-owned corporations

and receive the corresponding compensation therefor:

Provided , that this limitation shall not apply to ad hoc

bodies or committees, or to boards, councils or bodies of

which the President is the Chairman.

If a Secretary, Undersecretary, Assistant Secretary or

other appointive official of the Executive Department

holds

more

positions

than

what

is

allowed

in

the

preceding paragraph, he must relinquish the excess

positions in favor of a subordinate official who is next in

rank, but in no case shall any official hold more than two

positions other than his primary position.

CHAPTER 11 Administrative Issuances

SECTION 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.

(1) Circulars shall refer to issuances prescribing policies,

rules

and

regulations,

and

procedures

promulgated

pursuant

to

law,

applicable

to

individuals

and

organizations outside the Government and designed to

supplement provisions of the law or to provide means for

carrying them out, including information relating thereto;

and

(2) Orders shall refer to issuances directed to particular

offices,

officials,

or

employees,

concerning

specific

matters including assignments, detail and transfer of

personnel,

for

observance

or

compliance

by

all

concerned.

SECTION 51. Numbering System of Issuances . —

Every circular or order issued pursuant to the preceding

section

shall

properly

be

identified

as

such

and

chronologically numbered. Each class of issuance shall

begin with number 1 for each calendar year.

SECTION 52. Official Logbook . — Each department,

bureau, office or agency shall keep and preserve a

logbook in which shall be recorded in chronological order,

all final official acts, decisions, transactions or contracts,

pertaining to the department, bureau, office or agency.

Whenever the performance of an official act is in issue,

the date and the time record in the logbook shall be

controlling. The logbook shall be in the custody of the

chief Administrative Officer concerned and shall be open

to the public for inspection.

SECTION 53. Government-wide Application of the

Classification

of

Issuances .

—

(1)

The

Records

Management and Archives Office in the General Services

Administration shall provide such assistance as may be

necessary to effect general adherence to the foregoing

classification

of

issuances,

including

the conduct of

studies for developing sub-classifications and guidelines

to meet peculiar needs; and

(2)

All

administrative

issuances

of

a

general

or

permanent character shall be compiled, indexed and

published pursuant to the provisions of this Code.

CHAPTER 12 Miscellaneous Receipts

SECTION 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 fixed at cost or at

such other reasonable rate in excess of cost by the boards

or councils concerned;

(2) The officer authorized to fix the amount to be paid

for service rendered and supplies or articles furnished or

sold may recommend that the whole or part of any sum

so paid be refunded, upon approval of the Commission

on Audit.

© Compiled by RGL

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