Question & AnswerQ&A (Act No. 2803)
The Departments are established for the proper distribution of the work of the Executive, for performing functions expressly assigned by law, and so that each branch of the administration has a chief responsible for its direction and policy.
Each Department Secretary assumes the burden and responsibility of all activities of the Government under his control and supervision.
For administrative purposes, the Governor-General is considered the Department Head of the Bureau of Audits, the Bureau of Civil Service, and all other offices or branches not assigned by law to any Department.
Each Department shall have one or more Under Secretaries as the appropriation acts provide, who perform duties assigned by the Department Secretary or imposed by law.
The respective Under Secretary or the designated Under Secretary shall temporarily perform the functions of the Department Secretary.
The Governor-General may temporarily designate a Secretary or Under Secretary of another Department to perform such duties during the absence of the former.
Executive orders, regulations, decrees, and proclamations assigned to the Governor-General are generally issued upon proposition and recommendation by the respective Department.
The Department Head may promulgate all necessary rules, regulations, orders, circulars, memorandums, and instructions not contrary to law, for proper working, harmonious and efficient administration, and strict enforcement of laws under the Department's jurisdiction, but cannot prescribe penalties except as authorized by law.
Yes, the Department Head has direct control and may repeal or modify decisions of chiefs of Bureaus or offices when it is advisable in the public interest despite any provision of existing law to the contrary.
Upon recommendation of the chief of the Bureau or office, the Department Head appoints all subordinate officers and employees whose appointment is not vested by law in the Governor-General and may remove or punish them under Civil Service Law, except as otherwise provided.
Laborers receiving seven hundred twenty pesos or less per annum and other employees receiving two hundred forty pesos or less per annum are appointed and removed by the chief of the Bureau or office, subject only to the Department Head's general control.
Department Heads have the right to leave for illness or other causes provided the absence does not harm the service's interests, while Under Secretaries' leave is regulated by the Department Head either under existing provisions for judges of Courts of First Instance or otherwise.
The Department Secretary prepares necessary papers with recommendations for submission to the Philippine Legislature for approval, and such deed or contract is executed and signed by the Governor-General unless authority is vested in another officer.
All Acts or parts of Acts, executive orders, or decrees inconsistent with this Act are repealed.