Title
EXECUTIVE ORDER NO. 322
Date
Nov 29, 1958
Executive Order No. 322 outlines the procedures for conducting public affairs during the President's absence, designating the Executive Secretary to manage official communications and represent the President at social functions while ensuring that departmental matters are handled appropriately.
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Law Summary

Authority and Scope

  • Legal Principle: This Executive Order provides guidelines for the conduct of public affairs during the absence of the President of the Philippines due to an official visit abroad.
  • Key Definitions:
    • President: The head of state of the Philippines, who retains his responsibilities even while outside the territory.
    • Executive Secretary: The official designated to sign documents on behalf of the President and represent him during his absence.

Continuation of Presidential Functions

  • Legal Principle: The President retains all functions of his office as mandated by the Constitution and laws, irrespective of his physical location.
  • Important Requirements:
    • The President will continue to exercise his functions while in Japan from December 1, 1958, until his return.

Role of the Executive Secretary

  • Legal Principle: The Executive Secretary acts on behalf of the President when he is outside the Philippines.
  • Key Responsibilities:
    • Signs documents typically requiring the President's signature.
    • Represents the President at social functions and official ceremonies.
    • Receives and returns official calls from foreign dignitaries.
  • Courtesies: The Executive Secretary is entitled to the honors and courtesies due to the President during these functions.

Departmental Responsibilities

  • Legal Principle: Each Secretary of Department is responsible for decisions pertaining to their respective departments.
  • Procedures:
    • Matters requiring the President's approval must be communicated via cable for urgent actions.
    • Significant issues affecting government policy must be communicated to the President for consultation.

Cabinet Meetings and Decisions

  • Legal Principle: The Cabinet is to hold regular meetings throughout the President's absence.
  • Key Procedures:
    • The Secretary of Finance will preside over these meetings.
    • Decisions lacking unanimity on important questions must be referred to the President before proceeding.

Communication Protocol

  • Legal Principle: All official communications directed to the President must pass through the Executive Secretary.
  • Important Details:
    • This applies to communications by letter or radio.

Key Takeaways

  • The President’s functions remain uninterrupted while abroad, with the Executive Secretary facilitating operations and representation.
  • Department Secretaries are empowered to make decisions but must seek presidential approval for urgent or significant matters.
  • Regular Cabinet meetings will occur, led by the Secretary of Finance, ensuring continuity in governance.
  • All communications to the President are centralized through the Executive Secretary, maintaining a structured flow of information.

This Executive Order establishes a clear framework for governance in the absence of the President, ensuring administrative continuity and adherence to protocol during official overseas engagements.


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