Article 5p. 5

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

July 25, 1987

EXECUTIVE ORDER NO. 292

INSTITUTING THE "ADMINISTRATIVE CODE OF 1987"

WHEREAS, the Administrative Code currently in force

was first forged in 1917 when the relationship between

the people and the government was defined by the

colonial order then prevailing;

WHEREAS, efforts to achieve an integrative and overall

recodification

of

its

provisions

resulted

in

the

Administrative Code of 1978 which, however, was never

published and later expressly repealed;

WHEREAS, the effectiveness of the Government will

be

enhanced

by

a

new Administrative Code which

incorporates in a unified document the major structural,

functional

and

procedural

principles

and

rules

of

governance; and

WHEREAS, a new Administrative Code will be of

optimum benefit to the people and Government officers

and employees as it embodies changes in administrative

structures and procedures designed to serve the people;

NOW, THEREFORE, I, CORAZON C. AQUINO, President

of the Philippines, by virtue of the powers vested in me by

the

Constitution,

do

hereby

promulgate

the

Administrative Code of 1987, as follows:

Introductory Provisions

SECTION 1. Title . — This Act shall be known as the

"Administrative Code of 1987."

SECTION 2. General Terms Defined . — Unless the

specific words of the text, or the context as a whole, or a

particular statute, shall require a different meaning:

(1) Government of the Republic of the Philippines

refers to the corporate governmental entity through

which

the

functions

of

government

are

exercised

throughout

the

Philippines,

including,

save

as

the

contrary appears from the context, the various arms

through which political authority is made effective in the

Philippines,

whether

pertaining

to

the

autonomous

regions,

the

provincial,

city,

municipal

or

barangay

subdivisions or other forms of local government.

(2)

National

Government

refers

to

the

entire

machinery of the central government, as distinguished

from the different forms of local governments.

(3)

Local

Government

refers

to

the

political

subdivisions established by or in accordance with the

Constitution.

(4) Agency of the Government refers to any of the

various units of the Government, including a department,

bureau, office, instrumentality, or government-owned or

controlled corporation, or a local government or a distinct

unit therein.

(5) National Agency refers to a unit of the National

Government.

(6) Local Agency refers to a local government or a

distinct unit therein.

(7) Department refers to an executive department

created by law. For purposes of Book IV, this shall include

any instrumentality, as herein defined, having or assigned

the rank of a department, regardless of its name or

designation.

(8) Bureau refers to any principal subdivision or unit of

any department. For purposes of Book IV, this shall

include

any

principal

subdivision

or

unit

of

any

instrumentality given or assigned the rank of a bureau,

regardless of actual name or designation, as in the case of

department-wide regional offices.

(9)

Office

refers,

within

the

framework

of

governmental organization, to any major functional unit

of a department or bureau including regional offices. It

may also refer to any position held or occupied by

individual persons, whose functions are defined by law or

regulation.

(10)

Instrumentality

refers

to

any

agency

of

the

National

Government,

not

integrated

within

the

department framework vested with special functions or

jurisdiction

by

law,

endowed

with

some

if

not

all

corporate

powers,

administering

special

funds,

and

enjoying

operational

autonomy,

usually

through

a

charter. This term includes regulatory agencies, chartered

institutions

and

government-owned

or

controlled

corporations.

(11) Regulatory agency refers to any agency expressly

vested

with

jurisdiction

to

regulate,

administer

or

adjudicate

matters

affecting

substantial

rights

and

interest of private persons, the principal powers of which

are exercised by a collective body, such as a commission,

board or council.

(12)

Chartered

institution

refers

to

any

agency

organized or operating under a special charter, and

vested

by

law

with

functions

relating

to

specific

constitutional policies or objectives. This term includes

the state universities and colleges and the monetary

authority of the State.

(13)

Government-owned

or

controlled

corporation

refers to any agency organized as a stock or non-stock

corporation,

vested with functions relating to public

needs whether governmental or proprietary in nature,

and owned by the Government directly or through its

instrumentalities either wholly, or, where applicable as in

the case of stock corporations, to the extent of at least

fifty-one (51) per cent of its capital stock: Provided, That

government-owned or controlled corporations may be

further categorized by the Department of the Budget,

the Civil Service Commission, and the Commission on

Audit for purposes of the exercise and discharge of their

respective powers, functions and responsibilities with

respect to such corporations.

(14)

" Officer "

as

distinguished

from

"clerk"

or

"employee", refers to a person whose duties, not being of

a clerical or manual nature, involves the exercise of

discretion in the performance of the functions of the

government. When used with reference to a person

having authority to do a particular act or perform a

particular

function

in

the

exercise

of

governmental

power,

"officer"

includes

any

government

employee,

agent or body having authority to do the act or exercise

that function.

(15) " Employee " when used with reference to a person

in the public service, includes any person in the service of

the

government

or

any

of

its

agencies,

divisions,

subdivisions or instrumentalities.

BOOK I Sovereignty and General

Administration

CHAPTER 1 The National Territory

SECTION 3. What Comprises National Territory . —

The

national

territory

comprises

the

Philippine

archipelago, with all the islands and waters embraced

therein,

and

all

other

territories

over

which

the

Philippines has sovereignty or jurisdiction, consisting of

its terrestrial, fluvial, and aerial domains, including its

territorial sea, the seabed, the subsoil, the insular shelves,

and other submarine areas. The waters around, between,

and connecting the islands of the archipelago, regardless

of their breadth and dimensions, form part of the internal

waters of the Philippines.

SECTION 4. Territorial Subdivision of the Philippines .

—

The

territorial

and

political

subdivisions

of

the

Philippines

are

the

autonomous

regions,

provinces,

subprovinces, cities, municipalities and barangays.

© Compiled by RGL

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