E.O. No. 292, Administrative Code of 1987 Book I
EXECUTIVE ORDER NO. 292
INSTITUTING THE “ADMINISTRATIVE CODE OF 1987″
SOVEREIGNTY AND GENERAL ADMINISTRATION
THE NATIONAL TERRITORY
Sec. 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.
Sec. 4. Territorial Subdivision of the Philippines. – The territorial and political subdivisions of the Philippines are the autonomous regions, provinces, subprovinces, cities, municipalities and barangays.
Sec. 5. Who are Citizens. – The following are the citizens of the Philippines:
(1) Those who are citizens of the Philippines at the time of the adoption 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 elect Philippine citizenship, unless by the act or omission they are deemed, under the law, to have renounced it.
Sec. 6. Effect of Marriage. – Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.
Sec. 7. Natural-born Citizen. – Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with the Constitution shall be deemed natural-born citizens.
Sec. 8. Loss or Reacquisition of Citizenship. – Philippine citizenship may be lost or reacquired in the manner provided by law.
Sec. 9. Dual Allegiance. – Dual allegiance is inimical to the national interest and shall be dealt with by law.
STATE IMMUNITY FROM SUIT
Sec. 10. Non-suability of the State. – No suit shall lie against the State except with its consent as provided by law.
Sec. 11. The State’s Responsibility for Acts of Agents. – (1) The State shall be legally bound and responsible only through the acts performed in accordance with the Constitution and the laws by its duly authorized representatives.
(2) The State shall not be bound by the mistakes or errors of its officers or agents in the exercise of their functions.
NATIONAL 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 honored by the people and recognized by law.
(2) The custody, ceremonial use, occasion and manner of display, and the proper care and disposition of the flag shall be governed by appropriate rules and regulations.
Sec. 13. National Anthem. – Until otherwise provided by law, the musical arrangement and composition of Julian Felipe is adopted as the national anthem. It shall be sung or played upon the opening or start of all state celebrations or gatherings and on such other occasions as may be prescribed by appropriate rules and regulations.
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; a chief argent studded with three mullets equidistant from each other; and, in point of honor, ovoid argent over all the sun rayonnant with eight minor and lesser rays. Beneath shall be a scroll with the words “Republic of the Philippines, ” or its equivalent in the national language, inscribed thereon.
(2) The Great Seal shall be circular in form, with the arms as described in the preceding paragraph, but without the scroll and the inscription thereon, and surrounding the whole, a double marginal circle within which shall appear the words “Republic of the Philippines,” or its equivalent in the national language. For the purpose of placing the Great Seal, the color of the arms shall not be deemed essential.
Sec. 15. Use and Custody of Great Seal. – The Great Seal shall be affixed to or placed upon all commissions signed by the President and upon such other official documents and papers of the Republic of the Philippines as may be required by custom and usage. The President shall have custody of the Great Seal.
Sec. 16. Arms, Seals and Banners of Government Offices. – The various offices of government may adopt appropriate coats-of-arms, seals and banners.
Sec. 17. Official Languages. – Until otherwise provided by law, Pilipino and English shall be the official languages.
OPERATION 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 Official Gazette or in a newspaper of general circulation, unless it is otherwise provided.
Sec. 19. Prospectivity. – Laws shall have prospective effect unless the contrary is expressly provided.
Sec. 20. Interpretation of Laws and Administrative Issuances. – In the interpretation of a law or administrative issuance promulgated in all the official languages, the English text shall control, unless otherwise specifically provided. In case of ambiguity, omission or mistake, the other texts may be consulted.
Sec. 21. No Implied Revival of Repealed Law. – When a law which expressly repeals a prior law itself repealed, the law first repealed shall not be thereby revived unless expressly so provided.
Sec. 22. Revival of Law Impliedly Repealed. – When a law which impliedly repeals a prior law is itself repealed, the prior law shall thereby be revived, unless the repealing law provides otherwise.
Sec. 23. Ignorance of the Law. – Ignorance of the law excuses no one from compliance therewith.
Sec. 24. Contents. – There shall be published in the Official Gazette all legislative acts and resolutions of a public nature; all executive and administrative issuances of general application; decisions or abstracts of decisions of the Supreme Court and the Court of Appeals, or other courts of similar rank, as may be deemed by said courts of sufficient importance to be so published; such documents or classes of documents as may be required so to be published by law; and such documents or classes of documents as the President shall determine from time to time to have general application or which he may authorize so to be published.
The publication of any law, resolution or other official documents in the Official Gazette shall be prima facie evidence of its authority.
Sec. 25. Editing and Publications. – The Official Gazette shall be edited in the Office of the President and published weekly in Pilipino or in the English language. It shall be sold and distributed by the National Printing Office which shall promptly mail copies thereof to subscribers free of postage.
REGULAR HOLIDAYS AND NATIONWIDE SPECIAL DAYS
Sec. 26. Regular Holidays and Nationwide Special Days. – (1) Unless otherwise modified by law, order or proclamation, the following regular holidays and special days shall be observed in this country:
(A) Regular Holidays
New Year’s Day – January 1
Maundy Thursday – Movable date
Good Friday – Movable date
Araw ng Kagitingan (Bataan – April 9 and Corregidor Day)
Labor Day – May 1
Independence Day – June 12
National Heroes Day – Last Sunday of August
Bonifacio Day – November 30
Christmas Day – December 25
Rizal Day – December 30
(B) Nationwide Special Days
All Saints Day – November 1
Last Day of the Year – December 31
(2) The terms “legal or regular holiday” and “special holiday”, as used in laws, orders, rules and regulations or other issuances shall be referred to as “regular holiday” and “special day”, respectively.
Sec. 27. Local Special Days. – The President may proclaim any local special day for a particular date, group or place.
Sec. 28. Pretermission of Holiday. – Where the day, or the last day, for doing any act required or permitted by law falls on a regular holiday or special day, the act may be done on the next succeeding business day.
LEGAL WEIGHTS MEASURES AND PERIOD
Sec. 29. Official Use of Metric System. – The metric system of weights and measures shall be used in the Philippines for all products, articles, goods, commodities, materials, merchandise, utilities, services, as well as for commercial transactions like contracts, agreements, deeds and other legal instruments publicly and officially attested, and for all official documents. Only weights and measures of the metric system shall be officially sealed and licensed.
Sec. 30. Mandatory Nation-wide Use. – The metric system shall be fully adopted in all agricultural, commercial, industrial, scientific and other sectors. Persons or entities allowed under existing laws to use the English system or other standards and weights are given until the date to be fixed by the Metric System Board to adopt the metric system.
Sec. 31. Legal Periods. – “Year” shall be understood to be twelve calendar months; “month” of thirty days, unless it refers to a specific calendar month in which case it shall be computed according to the number of days the specific month contains; “day,” to a day of twenty-four hours; and “night,” from sunset to sunrise.
GENERAL PRINCIPLES GOVERNING PUBLIC OFFICERS
Sec. 32. Nature of Public Office. – Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with the utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives.
Sec. 33. Policy on Change of Citizenship. – Public officers and employees owe the Senate and the Constitution allegiance at all times, and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.
Sec. 34. Declaration of Assets, Liabilities and Net Worth. – A public officer or employee shall upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth.
Sec. 35. Ethics in Government. – All public officers and employees shall be bound by a Code of Ethics to be promulgated by the Civil Service Commission.
Sec. 36. Inhibition Against Purchase of Property at Tax Sale. – No officer or employee of the government shall purchase directly or indirectly any property sold by the government for the non-payment of any tax, fee or other public charge. Any such purchase by an officer or employee shall be void.
Sec. 37. Powers Incidental to Taking of Testimony. – When authority to take testimony or receive evidence is conferred upon any administrative officer or any non-judicial person, committee, or other body, such authority shall include the power to administer oaths, summon witnesses, and require the production of documents by a subpoena duces tecum.
Sec. 38. Liability of Superior Officers. – (1) A public officer shall not be civilly liable for acts done in the performance of his official duties, unless there is a clear showing of bad faith, malice or gross negligence.
(2) Any public officer who, without just cause, neglects to perform a duty within a period fixed by law or regulation, or within a reasonable period if none is fixed, shall be liable for damages to the private party concerned without prejudice to such other liability as may be prescribed by law.
(3) A head of a department or a superior officer shall not be civilly liable for the wrongful acts, omissions of duty, negligence, or misfeasance of his subordinates, unless he has actually authorized by written order the specific act or misconduct complained of.
Sec. 39. Liability of Subordinate Officers. – No subordinate officer or employee shall be civilly liable for acts done by him in good faith in the performance of his duties. However, he shall be liable for willful or negligent acts done by him which are contrary to law, morals, public policy and good customs even if he acted under orders or instructions of his superiors.
Sec. 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.
Sec. 41. Officers Authorized to Administer Oath. – (1) The following officers have general authority to administer oath: Notaries public, members of the judiciary, clerks of courts, the Secretary of the either House of the Congress of the Philippines, of departments, bureau directors, registers of deeds, provincial governors and lieutenant-governors, city mayors, municipal mayors and any other officer in the service of the government of the Philippines whose appointment is vested in the President.
(2) Oaths may also be administered by any officer whose duties, as defined by law or regulation, require presentation to him of any statement under oath.
Sec. 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; and with the exception of notaries public, the officer performing the service in those matters shall charge no fee, unless specifically authorized by law.
Sec. 43. Annual Reports. – The heads of the several branches, subdivisions, department and agencies or instrumentalities of the Government shall prepare and submit annual reports to the President on or before the first day of July 1 of each year.
Sec. 44. Contents of Reports. – The contents of the annual reports shall be prescribed by law or, in the absence thereof, by executive order.
Sec. 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.
Sec. 46. Deposit with Archives. – Official copies of annual reports shall be deposited with the National Archives and shall be open to public inspection.
PUBLIC CONTRACTS AND CONVEYANCES
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.