Title
Procedures for Requests of Presidential Issuances
Law
Memorandum Circular No. 46
Decision Date
Jul 30, 2003
All department secretaries and agency heads must ensure complete staff work and submit comprehensive documentation, including justifications and potential issues, before requesting Presidential approvals for executive actions to enhance processing efficiency.

Purpose and policy of efficiency

  • The Circular directs that the processing of requests for Presidential issuances and/or approvals must be efficient.
  • It reiterates the requirement that requests must be submitted only after complete staff work is conducted.
  • It requires supporting materials and a limited-length covering memorandum to enable proper review.

Requests covered and submission timing

  • The Circular covers requests for Presidential issuances and/or approvals, including executive orders, proclamations, administrative orders, memorandum orders, memorandum circulars and similar directives.
  • Such requests must be submitted to the Office of the President only after complete staff work has been conducted.
  • Every request must enclose basic papers and all documents related thereto.

Required covering memorandum content

  • Each request must include a covering Memorandum not exceeding two pages.
  • The covering memorandum must contain Justification with an explanation of the economic, administrative or other justification for the requested issuance or approval.
  • The covering memorandum must contain Legal Basis citing the legal basis for the requested issuance or approval.
  • The covering memorandum must contain Agencies Involved, enumerating the Departments, agencies or offices that may be involved in, or affected by, implementation.
  • The covering memorandum must contain Coordination with Agencies, stating that necessary coordination or consultations were made with agencies involved or affected.
  • The covering memorandum must attach copies of agencies’ comments/recommendation, duly signed by the Department Secretaries or Heads of Agencies concerned.
  • The covering memorandum must contain Potential Problems, describing potential risks, problems, or complications if the request is granted or denied.

Consequences for non-compliance

  • Requests for Presidential issuances and/or approvals that do not comply with the requirements may be returned to the requesting Department/Agency/Official.
  • Returned requests must be completed with necessary staff work before resubmission.

Effectivity and compliance instruction

  • The Circular includes a For compliance instruction.
  • It is dated 30 July 2003 for compliance purposes.

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