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Administrative Code of 1987 - Chan Robles Virtual Law Library

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  TUESDAY, NOVEMBER 28TUESDAY, NOVEMBER 28, 2017 2017 567 Tweet Tweet Law Library Philippine Laws, Statutes & CodesPhilippine Supreme Court DecisionsSignificant Legal ResourcesWorldWide Legal RecourcesUS Federal Laws, Statutes & CodesUS Supreme Court DecisionsThe Business PageChanRobles Virtual Law LibraryLaw List   - FREE LISTING DATABANK On-Line BarReviewMCLE:   Share 567 Share Custom Search   ! #$%& CHAN ROBLES VIRTUAL LAWLIBRARY ADMINISTRATIVE CODE OF 1987 - CHAN ROBLES VIRTUALLAW LIBRARYADMINISTRATIVE CODE OF 1987 - CHANROBLES VIRTUAL LAW LIBRARY   This web page contains the full text of Executive Order No. 292  July 25,1987 The Administrative Code of 1987 INSTITUTING THE ADMINISTRATIVECODE OF 1987  The Administrative Code of the Philippines - At a Glance Introductory ProvisionsBook OneBook TwoBook ThreeBook FourBook FiveBook SixBook Seven   EXECUTIVE ORDER NO. 292 INSTITUTING THE ADMINISTRATIVE CODE OF 1987 July 25, 1987   WHEREAS  , the Administrative Code currently in force was firsforged in 1917 when the relationship between the people and thegovernment was defined by the colonial order then prevailing;  WHEREAS  , efforts to achieve an integrative and over-allrecodification of its provisions resulted in the Administrative Code of 1978 which, however, was never published and later expresslyrepealed;  WHEREAS  , the effectiveness of the Government will be enhancedby a new Administrative Code which incorporates in a unified documenthe major structural, functional and procedural principles and rules of governance; and  WHEREAS  , a new Administrative Code will be of optimum benefit tothe people and Government officers and employees as it embodieschanges in administrative structures and procedures designed to servethe people;  NOW, TH EREFORE  , I, CORAZON C. AQUINO, President of the Philippines, by the powers vested in me by the Constitution, do hereby promulgate the Administrative Code of 1987, as follows: INTRODUCTORY PROVISIONS Sec. 1. Title. - This Act shall be known as the  Admi nistrative Code o LAWTUBEPOLITICSIP LAW   Like  42 HOMELAW FIRMLAW LIBRARYPHILIPPINE LAWSJURISPRUDENCELAW LIST   DebtKollectIntellectualProperty 1987.  Sec. 2. General Terms Defined. - Unless the specific words of thetext, or the context as a whole, or a particular statute, shall require adifferent meaning:(1) Government of the Republic of the Philippines    refers to thecorporate governmental entity through which the functions of government are exercised throughout the Philippines, including, saveas the contrary appears from the context, the various arms throughwhich political authority is made effective in the Philippines, whetherpertaining to the autonomous regions, the provincial, city, municipal orbarangay subdivisions or other forms of local government. chanrobles virtual law library (2) National Government    refers to the entire machinery of the centralgovernment, as distinguished from the different forms of localgovernments. chanrobles virtual law library (3)   Local Government    refers to the political subdivisions establishedby or in accordance with the Constitution. chanrobles virtual law library (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 corporations, or alocal government or a distinct unit therein. chanrobles virtual law library (5) National agency    refers to a unit of the National Government. chanrobles virtual law library (6) Local agency    refers to a local government or a distinct unitherein. chanrobles virtual law library (7) Department    refers to an executive department created by law.For purposes of Book IV, this shall include any instrumentality, asherein defined, having or assigned the rank of a department,regardless of its name or designation. chanrobles virtual law library (8) Bureau refers to any principal subdivision or unit of anydepartment. For purposes of Book IV, this shall include any principalsubdivision 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. chanrobles virtual law library (9)   Office    refers, within the framework of governmentalorganization, to any major functional unit of a department or bureauincluding regional offices. It may also refer to any position held oroccupied by individual persons, whose functions are defined by law orregulation. chanrobles virtual law library (10)   Instrumentality refers to any agency of the NationalGovernment, not integrated within the department framework vestedwithin special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoyingoperational autonomy, usually through a charter. This term includesregulatory agencies, chartered institutions and government-owned orcontrolled corporations. chanrobles virtual law library (11) Regulatory agency refers to any agency expressly vested with jurisdiction to regulate, administer or adjudicate matters affectingsubstantial rights and interests of private persons, the principal powersof which are exercised by a collective body, such as a commission,board or council. chanrobles virtual law library (12) Chartered institution    refers to any agency organized oroperating under a special charter, and vested by law with functionsrelating to specific constitutional policies or objectives. This termincludes the state universities and colleges and the monetary authorityof the State. chanrobles virtual law library (13) Government-owned or controlled corporation    refers to anyagency organized as a stock or non-stock corporation, vested withfunctions relating to public needs whether governmental or proprietaryin nature, and owned by the Government directly or through itsinstrumentalities 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 controlledcorporations may be further categorized by the Department of theBudget, the Civil Service Commission, and the Commission on Audit forpurposes of the exercise and discharge of their respective powers,functions and responsibilities with respect to such corporations. chanrobles virtual law library  (14) Officer    as distinguished from clerk    or employee   , refers to aperson whose duties, not being of a clerical or manual nature, involvesthe exercise of discretion in the performance of the functions of thegovernment. When used with reference to a person having authority todo 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. chanrobles virtual law library (15) Employee   , when used with reference to a person in the publicservice, 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 1THE NATIONAL TERRITORY   Sec. 3. What Comprises National Territory. - The national territorycomprises the Philippine archipelago, with all the islands and watersembraced therein, and all other territories over which the Philippineshas sovereignty or jurisdiction, consisting of its terrestrial, fluvial, andaerial domains, including its territorial sea, the seabed, the subsoil, theinsular 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 thePhilippines. chanrobles virtual law library  Sec. 4. Territorial Subdivision of the Philippines. - The territorial andpolitical subdivisions of the Philippines are the autonomous regions,provinces, subprovinces, cities, municipalities and barangays. chanrobles virtual law library  Chapter 2THE PEOPLE Sec. 5. Who are Citizens. - The following are the citizens of thePhilippines: (1) Those who are citizens of the Philippines at the time of theadoption of the Constitution;(2) Those whose fathers or mothers are citizens of the Philippines;(3) Those born before January 17, 1973, of Filipino mothers, who elecPhilippine citizenship, unless by the act or omission they are deemed,under the law, to have renounced it. chanrobles virtual law library  Sec. 6. Effect of Marriage. - Citizens of the Philippines who marryaliens shall retain their citizenship, unless by their act or omission theyare deemed, under the law, to have renounced it. chanrobles virtual law library  Sec. 7. Natural-born Citizen. - Natural-born citizens are those whoare citizens of the Philippines from birth without having to perform anyact to acquire or perfect their Philippine citizenship. Those who elecPhilippine citizenship in accordance with the Constitution shall bedeemed natural-born citizens. chanrobles virtual law library  Sec. 8. Loss or Reacquisition of Citizenship. - Philippine citizenshipmay be lost or reacquired in the manner provided by law. chanrobles virtual law library  Sec. 9. Dual Allegiance. - Dual allegiance is inimical to the nationalinterest and shall be dealt with by law. chanrobles virtual law library  Chapter 3STATE IMMUNITY FROM SUIT Sec. 10. Non-suability of the State. - No suit shall lie against theState except with its consent as provided by law. chanrobles virtual law library  Sec. 11. The State's Responsibility for Acts of Agents. - (1) The Stateshall be legally bound and responsible only through the acts performedin accordance with the Constitution and the laws by its duly authorizedrepresentatives. chanrobles virtual law library  (2) The State shall not be bound by the mistakes or errors of itsofficers or agents in the exercise of their functions. chanrobles virtual law library    Chapter 4NATIONAL SYMBOLS AND OFFICIAL LANGUAGES Sec. 12. National Flag. - (1) The flag of the Philippines shall be red,white and blue, with a sun and three stars, as consecrated and honoredby the people and recognized by law. chanrobles virtual law library  (2) The custody, ceremonial use, occasion and manner of display,and the proper care and disposition of the flag shall be governed byappropriate rules and regulations. chanrobles virtual law library  Sec. 13. National Anthem. - Until otherwise provided by law, themusical arrangement and composition of Julian Felipe is adopted as thenational anthem. It shall be sung or played upon the opening or start of all state celebrations or gatherings and on such other occasions as maybe prescribed by appropriate rules and regulations. chanrobles virtual law library  Sec. 14. Arms and Great Seal of the Republic of the Philippines. - (1)The Arms shall have paleways of two (2) pieces, azure and gules; achief argent studded with three mullets equidistant from each other;and, in point of honor, ovoid argent over all the sun rayonnant witheight minor and lesser rays. Beneath shall be a scroll with the words Republic of the Philippines, or its equivalent in the nationallanguage, inscribed thereon. chanrobles virtual law library  (2) The Great Seal shall be circular in form, with the arms asdescribed in the preceding paragraph, but without the scroll and theinscription thereon, and surrounding the whole, a double marginalcircle within which shall appear the words Republic of thePhilippines, or its equivalent in the national language. For the purposeof placing the Great Seal, the color of the arms shall not be deemedessential. chanrobles virtual law library  Sec. 15. Use and Custody of Great Seal. - The Great Seal shall beaffixed to or placed upon all commissions signed by the President andupon such other official documents and papers of the Republic of thePhilippines as may be required by custom and usage. The Presidenshall have custody of the Great Seal. chanrobles virtual law library  Sec. 16. Arms, Seals and Banners of Government Offices. - Thevarious offices of government may adopt appropriate coats-of-arms,seals and banners. chanrobles virtual law library  Sec. 17. Official Languages. - Until otherwise provided by law,Pilipino and English shall be the official languages. chanrobles virtual law library  Chapter 5OPERATION AND EFFECT OF LAWS Sec. 18. When Laws Take Effect. - Laws shall take effect after fifteen(15) days following the completion of their publication in the OfficialGazette or in a newspaper of general circulation, unless it is otherwiseprovided. chanrobles virtual law library  Sec. 19. Prospectivity. - Laws shall have prospective effect unlessthe contrary is expressly provided. chanrobles virtual law library  Sec. 20. Interpretation of Laws and Administrative Issuances. - Inthe interpretation of a law or administrative issuance promulgated inall the official languages, the English text shall control, unlessotherwise specifically provided. In case of ambiguity, omission ormistake, the other texts may be consulted. chanrobles virtual law library  Sec. 21. No Implied Revival of Repealed Law.- When a law whichexpressly repeals a prior law itself repealed, the law first repealed shallnot be thereby revived unless expressly so provided. chanrobles virtual law library  Sec. 22. Revival of Law Impliedly Repealed. - When a law whichimpliedly repeals a prior law is itself repealed, the prior law shallthereby be revived, unless the repealing law provides otherwise. chanrobles virtual law library  Sec. 23. Ignorance of the Law. - Ignorance of the law excuses no onefrom compliance therewith. chanrobles virtual law library  Chapter 6OFFICIAL GAZETTE Sec. 24. Contents. - There shall be published in the Official Gazette
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