Article 8p. 8

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

CHAPTER 10 Official Oaths

SECTION 40. Oaths of Office for Public Officers and

Employees . — All public officers and employees of the

government including every member of the armed forces

shall, before entering upon the discharge of his duties,

take an oath or affirmation to uphold and defend the

Constitution; that he will bear true faith and allegiance to

it; obey the laws, legal orders and decrees promulgated

by the duly constituted authorities; will well and faithfully

discharge to the best of his ability the duties of the office

or position upon which he is about to enter; and that he

voluntarily assumes the obligation imposed by his oath of

office, without mental reservation or purpose of evasion.

Copies of the oath shall be deposited with the Civil

Service Commission and the National Archives.

SECTION 41. Officers Authorized to Administer Oath .

—

The

following

officers

have

general

authority

to

administer oaths: President; Vice President, Members and

Secretaries of both Houses of Congress; Members of the

Judiciary;

Secretaries

of

Departments;

provincial

governors

and

lieutenant-governors;

city

mayors;

municipal mayors; bureau directors; regional directors;

clerks of court; registrars of deeds; other civilian officers in

the public service of the government of the Philippines

whose appointments are vested in the President and are

subject

to

confirmation

by

the

Commission

on

Appointments;

all

other

constitutional

officers;

PAO

lawyers in connection with the performance of duty; and

notaries public. (as amended by Republic Act No. 6733,

[July 25, 1989] and Republic Act No. 9406, [March 23,

2007])

SECTION 42. Duty to Administer Oath . — Officers

authorized to administer oaths, with the exception of

notaries public, municipal judges and clerks of court, are

not obliged to administer oaths or execute certificates

save in matters of official business or in relation to their

functions as such; and with the exception of notaries

public, the officer performing the service in those matters

shall charge no fee, unless specifically authorized by law.

(as amended by Republic Act No. 9406, [March 23,

2007])

CHAPTER 11 Official Reports

SECTION 43. Annual Reports . — The heads of the

several

branches,

subdivisions,

departments

and

agencies or instrumentalities of the Government shall

prepare and submit annual reports to the President on or

before the first day of July of each year.

SECTION 44. Contents of Reports . — The contents of

the annual report shall be prescribed by law or, in the

absence thereof, by executive order.

SECTION 45. Special Reports . — Each chief of Bureau

or other officer of the government shall make such

special reports concerning the work of his Bureau or

Office as may from time to time be required of him by

the President of the Philippines or Head of Department.

SECTION 46. Deposit with Archives . — Official copies

of annual reports shall be deposited with the National

Archives and shall be open to public inspection.

CHAPTER 12 Public Contracts and Conveyances

SECTION

47.

Contracts

and

Conveyances .

—

Contracts or conveyances may be executed for and in

behalf of the Government or of any of its branches,

subdivisions,

agencies,

or

instrumentalities,

including

government-owned or controlled corporations, whenever

demanded by the exigency or exigencies of the service

and as long as the same are not prohibited by law.

SECTION 48. Official Authorized to Convey Real

Property . — Whenever real property of the Government is

authorized

by

law

to

be

conveyed,

the

deed

of

conveyance

shall

be

executed

in

behalf

of

the

government by the following:

(1) For property belonging to and titled in the name of

the Republic of the Philippines, by the President, unless

the

authority therefor is expressly vested by law in

another officer.

(2) For property belonging to the Republic of the

Philippines

but

titled

in

the

name

of

any political

subdivision or of any corporate agency or instrumentality,

by the executive head of the agency or instrumentality.

SECTION 49. Authority to Convey Other Property . —

Whenever property other than real is authorized to be

conveyed, the contract or deed shall be executed by the

head of the agency with the approval of the department

head. Where the operations of the agency regularly

involve the sale or other disposition of personal property,

the deed shall be executed by any officer or employee

expressly authorized for that purpose.

SECTION 50. Conveyance of National Government

Property

to

Local

Governments .

—

When the real

property

belonging

to

the

National

Government

is

needed for school purposes, or other official use by any

local

government,

the

President

shall

authorize

its

transfer, and the department head or other authority

concerned shall execute in favor of the local government

the necessary deed of conveyance by way of gift, sale,

exchange, or otherwise, and upon such terms as shall be

for the interest of the parties concerned. Nothing herein

provided shall be deemed to authorize the conveyance of

unreserved public land, friar land or any real property

held by the Government in trust or for a special purpose

defined by law.

SECTION 51. Execution of Contracts . — (1) Contracts in

behalf

of

the

Republic

of

the

Philippines

shall

be

executed by the President unless authority therefor is

expressly vested by law or by him in any other public

officer.

(2) Contracts in behalf of the political subdivisions and

corporate agencies or instrumentalities shall be approved

by their respective governing boards or councils and

executed by their respective executive heads.

BOOK II Distribution of Powers of

Government

CHAPTER 1 Basic Principles and Policies

SECTION

1.

Guiding

Principles

and

Policies

in

Government . — Government power shall be exercised in

accordance

with

the

following

basic

principles

and

policies:

(1) The Philippines is a democratic and republican

State.

Sovereignty

resides

in

the

people

and

all

government authority emanates from them.

(2) The State values the dignity of every human person

and guarantees full respect for human rights.

(3) Civilian authority is, at all times, supreme over the

military.

(4) The State shall ensure the autonomy of local

governments.

(5) The territorial and political subdivisions of the

Republic of the Philippines are the provinces, cities,

municipalities,

and

barangays.

There

shall

be

autonomous

regions,

in

accordance

with

the

Constitution, in Muslim Mindanao and the Cordilleras as

may be provided by law.

(6)

The

separation of Church and State shall be

inviolable.

(7) The right of the people and their organizations to

effective and reasonable participation at all levels of

social, political, and economic decision-making shall not

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