Title
EXECUTIVE ORDER NO. 305
Date
Jun 11, 1958
Executive Order No. 305 outlines the procedures for conducting public affairs during the President's absence, designating the Executive Secretary to sign documents, allowing department secretaries to manage their affairs, and establishing communication protocols for urgent matters requiring presidential approval.
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Law Summary

Overview

This Executive Order, issued on June 11, 1958, provides detailed instructions for the conduct of public affairs while the President of the Philippines is outside the country from June 15, 1958, until his return.

Continuation of Presidential Functions

  • Legal Principle: The President continues to exercise all functions of his office as mandated by the Constitution and laws while abroad.
  • Key Definitions:
    • "President" refers to the incumbent head of state of the Philippines.
    • "Executive Secretary" refers to the official who acts on behalf of the President in his absence.
  • Requirements/Procedures:
    • The Executive Secretary will sign documents that would ordinarily require the President's signature.
    • Department Secretaries must handle matters within their jurisdiction autonomously.
  • Timeframes: The order is effective from June 15, 1958, until the President's return.

Approval and Consultation Protocol

  • Legal Principle: Matters requiring the President's approval can be expedited via cable if urgent.
  • Requirements/Procedures:
    • For urgent decisions needing Presidential approval, communication must be made through cable.
    • Important departmental business affecting government policies should be consulted with the President via cable or other means.
  • Consequences: Decisions made without the President's input on significant matters are deferred until the President can be consulted.

Cabinet Operations

  • Legal Principle: The Cabinet remains operational and can hold meetings during the President's absence.
  • Requirements/Procedures:
    • Regular Cabinet meetings will continue, with the Secretary of Finance presiding.
    • Decisions on important issues must achieve unanimity; otherwise, they are postponed until the President’s return.
  • Consequences: Failure to reach a unanimous decision prevents action on significant questions.

Communication Protocol

  • Legal Principle: All official communications to the President must go through the Executive Secretary.
  • Requirements/Procedures:
    • Communications via letter or radio directed to the President must be transmitted through the Executive Secretary.

Representation at Official Events

  • Legal Principle: The Secretary of Foreign Affairs is designated to represent the President at social functions.
  • Requirements/Procedures:
    • The Secretary of Foreign Affairs will preside over official ceremonies and receive foreign dignitaries on behalf of the President.
    • The Executive Secretary is entitled to the honors due to the President during such occasions.

Conclusion

This Executive Order outlines the operational protocols and responsibilities for government officials during the President's absence, ensuring continuity in governance and adherence to established communication channels.

Key Takeaways

  • The President retains all functions and responsibilities while abroad.
  • Urgent matters may be expedited through cable communication.
  • Cabinet decisions require unanimity for significant issues; otherwise, they are deferred.
  • All official communications must be routed through the Executive Secretary.
  • The Secretary of Foreign Affairs will represent the President at official events, with the Executive Secretary receiving the corresponding honors.

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