Title
Amendments to Executive Department Functions
Law
Act No. 2803
Decision Date
Feb 28, 1919
A Philippine law from 1919 establishes the organization and functions of executive departments in the government, including the role of Department Secretaries, Under Secretaries, and their powers and responsibilities.
A

Under Secretaries: Roles and Succession

  • Each Department may have one or more Under Secretaries as authorized by appropriation laws.
  • Under Secretaries perform duties assigned by the Department Secretary or mandated by law.
  • If the Department Secretary is incapacitated or the position is vacant, the designated Under Secretary temporarily performs the Secretary’s duties.
  • If neither the Secretary nor Under Secretaries can perform their functions, the Governor-General may designate another Department's Secretary or Under Secretary to temporarily assume duties.

Initiative in Issuance of Executive Orders

  • Executive orders, regulations, decrees, and proclamations under a Department's jurisdiction to be issued by the Governor-General must generally be proposed and recommended by the respective Department.

Department Head's Power to Regulate

  • Department Heads can promulgate necessary rules, regulations, orders, and instructions to ensure efficient department administration and law enforcement.
  • Such rules must not impose penalties except where expressly authorized by law.
  • Rules and orders of a general and permanent nature must be consecutively numbered yearly and published.
  • Bureau or office chiefs may issue internal circulars that do not require publication.

Power of Direction and Supervision

  • Department Heads have direct and supreme control over all bureaus and offices within their jurisdiction.
  • They may repeal or modify decisions of bureau or office chiefs if in the public interest, overriding contrary legal provisions.

Appointment and Removal Powers

  • Department Heads appoint subordinate officers and employees upon recommendation, except where appointments are reserved for the Governor-General by law.
  • They may remove or discipline subordinates according to Civil Service Law provisions.
  • Laborers and employees receiving low compensation may be appointed or removed by bureau or office chiefs under general departmental control.
  • Department Heads may redistribute employees among their bureaus and offices to serve departmental interests.

Leave Provisions for Secretaries and Under Secretaries

  • Department Heads have unrestricted right to leave, provided absence does not conflict with service interests.
  • Leave for Under Secretaries is regulated at the discretion of the Department Head, either by judicial leave rules or other means.

Handling Conveyances and Contracts Involving Government Property

  • For government conveyances or contracts exceeding one hundred thousand pesos, the respective Department Secretary must prepare relevant papers.
  • These papers, with recommendations, require approval from the Philippine Legislature.
  • Execution and signing of such deeds or contracts are by the Governor-General unless legally assigned to another officer.

Repeal and Effectivity

  • All conflicting laws, executive orders, and decrees are repealed.
  • The Act became effective immediately upon approval on February 28, 1919.

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