Law Summary
Introduction
This Executive Order was issued by President Sergio Osmeña on September 27, 1944, to outline the protocol for managing public affairs of the Commonwealth Government of the Philippines while the President is absent from the continental United States.
Authority of the Secretary of Finance
Legal Principle/Provision: The Secretary of Finance is designated as the representative of the President of the Philippines in managing public affairs of the Commonwealth Government in the United States.
Key Definitions Introduced:
- "Secretary of Finance": The official entrusted with the responsibilities of representing the President during his absence.
Important Requirements or Procedures Outlined:
- The Secretary has the authority to oversee the administration of the Commonwealth Government's departments and offices in the U.S.
- Specific powers include appointing/removing employees, managing departmental activities, and employing technical personnel.
Relevant Timeframes: These provisions remain in effect until the President's return or until normal constitutional processes are restored.
Penalties/Liabilities: None specified in this section.
• The Secretary of Finance can act on all matters affecting the Commonwealth Government.
• Authority includes administrative supervision, personnel management, and departmental restructuring.
Engagement with Government Officials
Legal Principle/Provision: The Secretary of Finance may engage with officials from federal, state, and local governments regarding matters impacting the Commonwealth Government.
Key Definitions Introduced:
- "Proper Officials": Representatives from various levels of government with whom the Secretary may confer.
Important Requirements or Procedures Outlined:
- For significant policy changes, the Secretary must consult the President prior to action.
Relevant Timeframes: No specific deadlines provided.
Penalties/Liabilities: None specified in this section.
• The Secretary of Finance has the authority to decide matters on behalf of the Commonwealth Government.
• Consultation with the President is required for important policy changes.
Representation in International Affairs
Legal Principle/Provision: The Secretary of Finance is authorized to represent the Commonwealth in international organizations and conferences.
Key Definitions Introduced:
- "International Organizations": Entities to which the Commonwealth may be invited for representation.
Important Requirements or Procedures Outlined:
- The Secretary can designate delegates and must report back to the President on the outcomes of such conferences.
Relevant Timeframes: No explicit deadlines mentioned.
Penalties/Liabilities: None specified in this section.
• The Secretary of Finance can represent the Commonwealth at international events.
• A report on conference results is required to be submitted to the President.
Signing Authority
Legal Principle/Provision: The Secretary of Finance is authorized to sign documents in the President’s name during the absence.
Key Definitions Introduced:
- "By authority of the President": A phrase to be used when the Secretary signs on the President's behalf.
Important Requirements or Procedures Outlined:
- All papers normally signed by the President must be signed by the Secretary using the specified phrase.
Relevant Timeframes: This authority is effective during the President's absence.
Penalties/Liabilities: None specified in this section.
• All official documents can be signed by the Secretary, affirming the authority of the President.
Key Takeaways
- The Secretary of Finance is empowered to manage the Commonwealth Government's affairs in the U.S. during the President's absence.
- Significant authority includes appointing personnel, engaging with government officials, and representing the Commonwealth in international forums.
- The Secretary must consult the President on major policy decisions, and must report on international engagements.
- This Executive Order ensures continuity of governance in the absence of the President while maintaining specified protocols and responsibilities.